1904. CONGRESSIONAL RECORD-SENATE. 4033

Mr. CLARK of Wyoming. Mr. President-- a short time on the resolution of the Senator from Tennessee, but Ml·. PATTERSON. But they go to make up large landed estates. I realize that at 2 o'clock the post-office appropriation bill has a Mr. CLARK of Wyoming. I did not yield to the Senator for a right to come up, and I will simply give notice now that to-morrow speech. . after the routine business-- The PRESIDENT pro tempore. The ....Senator from Wyoming Mr. ALDRICH. I have no disposition to cut off the Senator's declines to yield. speech. I did not intend to do that. :M:r. CL.ARK of Wyoming. I want to say to the Senator I know Mr. MALLORY. I do not care to interrupt the proceedings nothing about Colorado, but so far as his statement that eight out this morning on the appropriation bill, but simply give notice now, of ten acres in Wyoming are entered fraudulently, I say unquali­ that after the routine business to-morrow I shall call up the reso­ fiedly that is not true. lution. Mr. President, I did not intend to be drawn into any heated dis­ Mr. PENROSE. Then I renew my motion. cussion of this question, although I feel strongly upon it. I feel The PRESIDENT pro tempore. One moment. The Chair that it would be one of the greatest mistakes in the legislation of wishes the attention of the Senator from Rhode Island. The reso­ this country that was ever made to turn back the progress of that lution, by unanimous consent, having been laid on the table sub­ whole overburdened region, and with my consent, unless I have ject to call, the Chair does not see any reason why it should not further knowledge, it never will be done. be called up. . Now, I will call attention to an editorial. I have spoken four Mr. ALDRICH. Does the Chair hold that that would be a con­ times as long as I intended, and I crave the pardon of the Senate. tinuing order, which would enable a Senator, either the author I I bad no intention of saying anything except in a general way. or any other Senator, to call up a resolution at any time and lay ( I call attention to an editorial on this same question that seemed public business aside for the consideration of the resolution? l to stir up the advocates of this measure so much, the idea of an The PRESIDENT pro tempo1·e. If the Senate gives its unani­ interested interest seeking the repeal of these laws. I want to mous consent to such a condition of things, the Chair does not refer to an editorial from a newspaper of repute in the city of see how it can be avoided. Denver, speaking of the discussion that occurred here the other Mr. ALDRICH. During my service in the Senate I have never ) day. It is headed "A land lobby in Washington." I do not known that course to be followed. We have laid resolutions upon often read from newspapers; I believe they usually tell the truth the table to allow the author of the resolution to call it up for the or seek to do so; but I read this simply as showing the opinion purpose of making a spBech. but not for consideration. of at least a certain part of the citizens of Colorado. :M:r. CARMACK. 'I.tlat is why I called it up. :M:r. HANSBROUGH. From what paper does the Senator read? Mr. BACON. I should like to suggest that heretofore those Mr. CLARK of Wyoming. From the Denver Republican, the agreements have generally been considered to apply to the morn­ leading Republican paper in the State of Colorado, I believe. "A ing hour, and that the right to call up would not in that way in­ land lobby in Washington," it is headed, and it is an editorial. terfere with the regular business of the Senate, which begins at [Rrom the Denver Republican, March ZT, 1904.] 2 o'clock. That has been the practice, I think, heretofore, and that has been regarded as the natural operation of an agreement of A LAND LOBBY IN WASHINGTON. that kind. · Senator H.ANSBROUGH charges that there is a lobby at work in Washing­ ton trying to bring about the repeal of the desert-land law, the timbet and Mr. ALDRICH. In my experience in the Senate I have never stone acts, and the commutation clause of the homestead law. known a resolution which was lying on the table called up for There is practically no doubt that he is fully justified in making this charge. The great land-grant railroads, and men who have purcha!!ed from consideration to the exclusion of other business without a motion, them large tracts of land, are deeply interested in the proposed legislation. and it is very unsafe to have any such rule or-any such precedent · Whatever would make it more difficult for a home seeker to secure land established. from the Government would enlarge the market and enhance the value of Mr. CARMACK. I should like ask the Senator what is the rai1rcad lands. It is not strange, therefore, if the land-grant railroads are to exerting their influence to induce Congress to r estrict the power of the peo­ effect of having a resolution lie on the table subject to call? What ple to acquire public land. Their interest is gi'eat enough to make it ~rofi.t­ is the effect of that? able to them in the event of success to maintain a powerful lobby in Wash­ ington, and that they are doing so hardly admits of doubt or question. Mr. ALDRICH. That the author of the resolution desiring to Congress should stand with the people. It should increa!Ee rather than make remarks upon it may call it up for that purpose during the curtail the facilities for acquiring homes on the public domain. It is to the morning hour. interest of the whole country, and especially of the far West, that the people Mr. CARMACK. May I not call it up for the purpose of en- be enabled to acquire homes in this section. The public lands are of value to the public only to the extent that they may be put to profitable use by the abling another Senator to address the Senate? people. So long as they are in the hands of the Government they yield no Mr. ALDRICH. Undoubtedly. revenue through taxation, and except for grazing purposes they are unpro­ ductive. They should be placed at the disposal of honest people who are try. :M:r. PENROSE. We have· passed the time for resolutions. ing to secm·e homes which will make them self-supporting and responsible The PRESIDENT pro tempore. The Chair has not before this citizens. session known of any case where aresolution was laidon the table Now, I call the attention of the Senate to the question of fraud, subject to the call of the Senator who offered it, but a large num­ which is also mentioned here: ber of resolutions have been laid on the table at the present session of Congress subject to call. That there have been frauds in connection with the acquisition of land under the different land acts is not denied, but the evil comes not so much Mr. ALDRICH. Then I hope we shall not permit that to be from the law as from the manner in which it is enforced. Let the laws now done hereafter, if the ruling now made by the Chair is to hold, on the statutes be strictly enforced and there will be little occasion or ground because it would certainly enable a Senator to offer a resolution for complaint. to interfere with the business of the Senate at any time for the Mr. President, I beg pardon of the Senate for detaining it so purpose of its consideration. long with these rambling remarks. Mr. CARMACK. My object was to call up the resolution in the morning hour for the purpose of permitting the Senator from PENSION ORDER OF INTERIOR DEPARTMENT. Florida to address the Senate upon it. Mr. PENROSE. I move that the Senate proceed to the con­ Mr. TELLER. Mr. President, as I understand the rule, a Sen­ sideration of the Post-Office appropriation bill. ator lets his resolution lie on the table. He says he will call it up Mr. CARMACK. If I have the right, I would like to call up hereafter. I understand he must call it up during the morning the resolution I have on the table. hour; that he can not call it up at any other time, and that if he The PRESIDENT pro tempore. The resolution seems to have calls it up five minutes before the morning honr expires it goes been laid on the table subject to call. Otherwise the motion made over at the expiration of the morning honr. by the Senator from Pennsylvania would take precedence. The PRESIDENT pro tempore. There is not any doubt a bout it, Mr. MALLORY. Mr. Presidant- Mr. TELLER. That is the rule. Mr. ALDRICH. I do not understand that "subject to call" Mr. BAILEY. I can not quite understand how either the dan­ means that it may be called up at any time to the exclusion of all ger or the inconvenience which the Senator from Rhode Island other business. If it does I think we shall certainly have to ob­ seems to apprehend could possibly arise. It could not interfere ject to such an understanding as that. It means that it may be with the regular business of the Senate, because the regular busi­ subject to call for the purpose of making a speech on it. ness of the Senate, we will say, begins when the morning hour :M:r. CARMACK. I am not going to interfere with this matter expires-at 2 o'clock. With the expiration of that hour the reso­ now. lution called up must be either disposed of or go over; and the Mr. ALDRICH. I shall object to any such status as that being most the Senate could do in agreeing unanimously to an arrange­ given to this resolution. or any other. ment or an order of that kind would be to divide the morning Mr. BAILEY. The Senator from Rhode Island did not object hour. That has been done so customarily and, I might say, so when it was done. It is too late to object now. uniformly during the present session that I am somewhat sur­ Mr. ALDRICH. I do not think so. prised so experienced a Senator as the Senator from Rhode Island Mr. BAILEY. I do . should see any danger in it. • Mr. MALLORY. Mr. President, I deJire to address the Senate Mr. ALDRICH. I see very g1·eat danger if it is to be held that XXXVIII-253 4034 CONGRESSIONAL RECORD-SENATE. MARCH 31, e. motion whlch is a 'Privilegea motion by the rules and 'by the service of the Post-Office ·Department for the fiscal year ending customs of the Senate to take up an appropriation bill can not Jun-e 30, 1905, and for other purposes. be mad -pending thecallingup a resolution which is lying on the Mr. McCREARY. Mr. :PTesident, the senior Senator from table because that interferes with the transaction of the public Pennsylvania [lli. PENROSE], chairman of the Committee on Post­ bu.sn;ess which is necessary to be carried on in ili.is Chamber. A Offices and Post-Roads, in his speech yesterday said: resolution might be offered for J)Olitical pnrpooes-1 do not mean The resolution offered by myself, was offered after deliberation and in to assume that this one was-and might be called up to the exclu­ good faith. Illad reached the concl.u ion that it would not be amiss for the Senate of the United States to order an investigation of the anuses alleged to sion of all business of the Senate. have ensted in the Post-Office Department. Mr . .BAILEY. Itwonld only exclude;it nnti12 o'clock. Mr. ALDRICH. It can not exclude it under the practice of the He also -said ·in his speech yesterday: I have reached the conclusion that it is not ol very great importance Senate at all, and ought:not to,_exc-ept:fortheJ>UJJ>OSe, l>y courtesy, whether"the Committee on Post-Offices and.Post-Roa.ds act on any resolution or allowing Senatoxs to make speeches -upon ttheir own resolu­ or not. tions. Mr. BAILEY. "I would rather have-the-ruling of the Chair on The resolution referred to oy the £enator is as follows: Re~oll:ed, That the Committee on Post-Offices and Post-Roads, in view of that than the judgment of the Senator, and theruling of the Chair tne charr;es of corruption, extravagance and violations of law in the admin­ seems to be fair and reasonable. istration of the affairs of the Post-Office 'Department, is hereby instructed to Mr. ALDRICH. I admit the·Chair has authority1n this mat­ direct the PostmMter-Genera.l to sand td the committee all papers connected with the recent inve tigation of his Department, and said committee sh~ll ter and I have none, but 1 will exercise the right of a Senator to make further inquiry into the administration and expenditure of the said ubject to any other pxoceedjngs of -this nature hereafter, which I Department, and make report thereon to the Senate upon completion of said assume is my Iight as a Senator. investia-ation on or bafor& the 1st dav of Mav, 1904. Mr. BAILEY. Undoubtedly. That resolution, which attracted considerable attention when it Mr. TELLER. This rnle is a -very l1Sefnl one. Sometimes the was offered, seems to have slept the sleep that knows no awaken­ Senate does not wish to take up a resolution a Senator offers. He ingin the Committee on Po t-O:tficea and Post-Roads, although has offered it one day; ·it lies over: he has then a right to call it the Democrats of that committee ha-ve done all in their power many up, and it is in the order of busine s. Of course, the Senate can times to have the resolution favorably reported to the Senate. Bet it aside by a vote, but itis customary then to allow the Sena­ 1 desire to ask why have the chairman of the Committee on tor to go on. If some other Senator wants to do something else, Post-Offices and ·Post-Roads and his ·associates changed their to get up an appropriation bill, or something is .in its way, he minds? It seems that last Decemoer, when the distinguished then asks to be allowed to let it lie over at his call. Afterwards t!enior Senator from Pennsylvania [1\Ir. PENROSE) offered the he calls it up. He calls it up subject to±.he will of the Senate. resolution, he was in favor of an investigation. Indeed, he said The Senate can :then take up any other·measureif it ieesnt. at the time that according to his reasonin17 an investigation by Mr . .ALDRICH. When the Senator concedes-that, he concedes the committee would do no harm, andif nothing wrongwas found ·all that I am contending for. The :Senator from PennsylTania would probably strengthen the investigation that had ah·eady (Mr. PENROSE] proposed to make a motion to take -up the post­ been made by Bristow, the.FourthAssistantPostmaster-General. office appropriation bill. The Chair ruled that the Senator from Mr. President, what has caused this change to come over the Tennessee [Mr. ·C.flQU_OK] having called up a reso1ution which chairman of the committee and his associates? It will not do to was :lying on the table he could not.make'thatmotion. say that they have changed their minds because of the Bristow Mr. BACON. I did not understand him to make a motion at report, because Mr. Bristow 'the Fourth Assistant 1'ostma tar­ all. 'He called np 1h~ bill. I -understood the Chair to say that his General, made his report last October. It will not do to say that bill was not in order, and that the resolution was. information sufficient to change his mind has been received from Mr. PENROSE. I made a motion that the ·Senate proceed to the Pre"ident, because the written statement of the Presiaent the·consideration of the post-office appropriation bill. was furnished before Decemberlast. Therefore the country will Mr. TELLER. I dislike to differ with the chairman- assume thai there is some other gre:1t r ason why the chairman Yr. BACON. lt was not the unfinished business of the Senate. of the Committee on Post-Offices and Post-Roads and his asso­ The PRESIDENT pro-tempore. The Chair1ays before the Sen- ciates are unwilling that the investigation shall be made. ate the unfinished business, which will be stated. Among the great powers which the Constitution of the United T.heBECRETAEY. A bill (S. 1508) to provide for the purchase States granted to Congress was the power to establish 'post-offices of a site and the erection thereon of a public building 'to be used and post-roads. Thls power is explicitly stated, and it may be for a Department of State, a Department ·of Justice, and a De­ saia that in the last hundred years Congress has perhap givEn partment of Commerce and Labor. more time and enacted more legislation for the Post-Office Depart­ POST-OP..FICE APPROPRIATION .BILL. ment than any other of the .Executive Departments. We have a number of Executive Departments charged· by law Mr. PENROSE. Iaskthattheunfinished business be laid aside, with the management of finances, foreign affairs, the Army, the and I now make a motion that the Senate proceed to the consid­ Navy, agriculture, commerce and labor, etc. None of these great eration of the post-office appropriation bill. Departments are as much in touch with the people as the Post­ The PRESIDENT pro tempore. The Senator from Pennsyl­ Office Department. Nine-tenths of the people of the United States vaniaasksnnanimousconsent thatthennfinished business betem­ rarely, if ever, COme in COntact with the other Dep I'tments, but porarily laid aside, and moves that the Senate proceM to the through the poE:t-orfices and through rural free delivery they are consideration of the post-office appropriation bill. The question continually brought in contact with the Post-Office Department. is on the motion of the Senator from Pennsylvania. The appropriation bill now under consideration aJ>propriates The motion was agreed to; and the Senate, as in Committee of $170.000,000. 'Ihis is the greatest amount appropriated in any of the Whole resumed th consideration of the bill (H. R. 13521) the thirteen appropriation bills. Yea., sir, the appropriation con­ making appropriations for the service of the Post-Office Depart­ tained in this bill of $170,000,000 is equal to the appropriations ment for the fiscal year ending J nne 30, 1905, and for other pur­ provided for in eight of the .great appropriation bills out of thir­ poses. teen-to wit, the army, agricultural, diplomatic and consular, BENJ.ilt:IN F. ROSS. District of Columbia, fortifications, Indian, legislative, and M.ili­ Mr. KITTREDGE. I ask unanimous consent to call up Senate tary Academy bills. bill 5243. a pension bill. But this is not all. Education is fostered and encouraged by Mr. PE~OSE. !will yie1d to the Senator from South Dakota this service; the people are instructed and plea ed by th dissem­ if·it is not a 1ongbill and will not lead to any debate, but I can not ination of millions of tons of mail -matter; the farmer is brought yield any more. I must insist-upon the Senate pxoceeding with into daily communication with the prices of stock and farm prod­ the consideration of the appropriation bill. ucts and the current events of the world· business is conducted and The PRESIDENT pro tempore. The Senator from South Da­ J)IOmotea in cities, counties, and States by this w?ndetful system, kota asks unanimous consent for the present consideration of a bill. which serves equally the potentate in his palace, the loggerin his The bill (S. 5243) ~ranting an increase of pension to Benjamin cabin, the miner in his mine, the farmer on the prairie or in the F. Ross was considAred as in Committee of the Whole. It pro­ blue grass. and the precious-metal seeker in California or Colo­ po es to place on the pension roll the name of Benjamin F. Ross, rado. 1ndeed, the postal service properly administered .helps, late of Company C, Fifth R9ooiment Minnesota Volunteer Infan­ through the diffusion of information and the cultivation of closer try, and to pay him a pension of $30 per month in lieu of that he ties among the people, to link together the States of our Republic is now receiving. and increase the blessings of .free government. Therefore, the The bill was reported to the Senate without amendment, oraered people have a right to demand that the great Po t-Office Depart­ to be engrossed for a thil·d reading, read the third time, and llassed. ment, costing more per annnm than any other Department, and ministering to the instruction, wants, and pleasures of millions of POST-OFFICE APPROPRIATION BILL. people, should be conducted on business plans, maintained in a 'The Senate, as in Committee of the Whole, resumed the con­ business way, and operated fairly, justly, honestly, and legally~ sideration of the bill (H. R. 13521) making appropriations for the I can not present the existing situation more clearly than to 1904o1 CONGRESSIONAL RECORD- SENATE . .. .4035

read what the President of the United States said about the Post­ it go to the Executive Departments that there shall never be -an Office Department in his r~ular message communicated to the investigation of those Departments, and what will be the condi­ two Houses of Congress at the beginning of the regular session of tion in the Departments and what will the people of our country Congress last December. He said: think of the Departments? What will they think of Senators and Through frauds, forgeries, and perjuries, and by shamelesS briberies the Representatives if it is determined that there shall be no inv€sti• laws rela.tin~ to the proper conduct of the public service in general, and to gation? And yet that is exactly the condition to-day. We have the due admmistrationof the Post-Office Department have been notoriously violated, and many indictments have been found, and the consequent prose­ been urging an investigation in the Senate; we have been doing cutions are in course of hearing or on the eve thereof. all we could to get that investigation; and yet up to this time we Again, on the 24th of November, 1S03, the President of the have failed, and the chairman of the Committee on Post-Offices United States in a communication, which was then submitted to and Post-Roads has come to the conclusion that no investigation Congress, says: is necessary. The investigation made by Mr. Bristow discloses a condition of gross cor­ There was a strange and unprecedented spectacle in Congress ruption in the office of the Frrst Assistant Postlllaster-General and in that of recently. The friends of reform, the advocates of economy and the Assistant Attorney-General for the Post;..Office Department. honesty, the opponents of fraud and corruption, were asking for He then gives a list of.names and refers to James N. Tyner, and urging an investigation of the Post-Office Department by a sasistant attorney-general for the Post-Office Department, who committee of Congressmen, and when they had reached a climax has been indicted three times; A. W. Machen, general superin­ where the demand for investigation was irresistible, by parlia­ tendent free-delivery system, who has been indicted fourteen times mentary strategy or politicalleg~rdemain, attention was diverted (and since convicted); George W. Beavers, general superintend­ from the Post-Office Department to about one hundred Congress­ ent of salaries and allowances, indicted eight times (and since con­ men, who, as far as the investigation has been made public, seemed ; victed); James T. Metcalf, superintendent money-order system, to have been faithfully and industriously trying to comply with indicted once; James W. Erwin, assistant superint-endent free­ the wishes of their constituents by asking for an increase of the / delivery service, indicted once; and W. s~ott Towers, indicted salaries of postmasters or their clerks, or by asking for increase of three times; T. W. McGregor, clerk, free-delivery division, in rent for buildings occupied by postmasters. This was clearly a / --- charge of supplies, indicted twice. All these men occupied posi­ diversion and called public attention from the wrongs, delinquen­ tions in the Post-Office Department. cies, and crimes of the Post-Office Department to a report sent in I now read from the conclusions of the Fourth Assistant Post­ from the Post-Office Department referring to Members of Con­ master-General, Mr. Bristow, who submitted a report. He says: gress. It was one of the finest strategic movements I have ever The amount of money secured by the corrupt officials and their confeder­ known in peace or in war, and it would have been creditable to ates is small as com~ared with the total loss to the Government. To illus­ Napoleon or Machiavelli. trate: There is no eVIdence that Louis received any compensation from Ault & Wiborg, yet during the first year of his administration the expenditures It is a remarkable fact that while the Post-Office Department for canceling ink increased over $10,tro. was asking Congress to appropriate about $170,000,000 for salaries It does not appear that Kempner received money from the manifold com­ of jts officers and for the conduct of its business and occupied the pany, yet the cost of manifold supplies increased more than $!0,(XX) a year. Barrett received but $6,000 from Arnold, yet that company defrauded the position of a petitioner and tenefi.ciary, it suddenly turned on the pe()ple out of over $3,CXXJ,£XX). Congressmen whom it was petitioning and from whom it was Machen probably did not receive more than $26,000 from the Groff fastener. asking favors and sought, by the publication of their letters and Yet the Government has paid approximately 5100 for that device, which represents a net loss, since the Department continued,1 by the terms of the by placing their names in the same report with post-office officials contract for letter boxes, to pay for the original fasteners. who had been indicted, to divert the attention of the public from Beavers and his associates received less than $2(),!XXJ from the automatic and to compel Congressmen who were cashier. Yet the Department expended $74,215 for this wholly unnecessary the proposed investigation machine. innocent and who had committed no wrong to turn their atten­ The total amount that the perpetrators of these frauds themselves re­ tion to an explanation of their own conduct. ceived can not be definitely learned, but it will aggregate between $3)0,000 It and $400,000; while the loss to the Government, collSldering the unnecessary This is n.ot a question of party. is a qnestipn of honesty. supplies that have been purchased and the inferior quality of those furnished No man has a right to put party above honest administration of by fraudulent contractors, can not be estimated with any degree of accuracy. the Government and faithful discharge of public duties. We As a result of the investigation, four officers and employees of the Depart­ ment have resigned and thirteen have been removed. Forty-four indict­ owe it, in my opinion, to ourselves; we owe it to the people; we owe ments have been found, involving thirty-one persons, ten of whom have been it to good government to have an investigation and to vindicate connected with the vostal se:~:vice. the innocent and tD let no guilty man escape. The Fourth Assistant Postmaster-General himself declared in Intelligence, integrity, and patriotism are three of the great his report that" the corruption disclosed is not due to lax laws, pillars upon which our Republic rests. We must maintain them but to the dishonesty of those who have been charged with the and strike down any opponent of these foundations· of popular responsibility of administering them." This statement in the Government. conclusion of his report shows that an investigation is demanded. Mr. President, we have already heard mutterings with regard Mr. President, I have read these statements made by the Presi­ to other Departments. I do not charge that there is dishonesty dent of the United States and the Fourth Assistant Postmaster­ in any other Department, but I do say that a full and complete General in order to show that an investigation is absolutely investigation of the Post-Office Department would redound to the necessary-a complete, full, and just investigation-and I have good of the other Departments. Whenever yon say that the Post­ read them to show that I disagree with the statement made yes­ Office Department shall not be investigated, you say also that the terday by the distinguished chairman of the Committee on Post­ other Departments shall not be investigated. Therefore you Offices and Post-Roads [Mr. PENROSE], who said that he had place us in a situation not only injurious to the Departments "com·e to the conclusion that it is not of very great importance themselves, but in opposition to the wishes of the people. whether the Committee on Post-Offices and Post-Roads act on I have been surprised at the action of the majority. I have any resolution or not." Investigation is demanded by the people been surprised that there has been such undue haste in reporting of this country-a full, fair, and complete investigation-not an this bill. I have been surprised that Senators have refused to investigation by men who are in the Post-Office Department, who put through resolutions of investigation. Whenever there is a are identified with that Depa:rtment, but an investigation by men suspicion of taint, there should be an investigation. who on accountof their ability, tb.eir environments, and their ob­ I want to ask the majority, Are you dodging important legisla­ __ .,.- ligations, will satisfy the country, when they bring in a report, tion that yon wish to adjourn so soon? Is there any reason why that the report is fair, just, and complete. this Congress should adjourn earlier than any other Congress in I am in favor of turning on the searchlight, so that the inno­ previous years? We have now reached the last day of March, and cent men-and I know the Post-Office Department lS crowded with yet we have heard on all sides that this Congress must adjourn them-will be vindicated and the guilty men will be punished. between the 15th of April and the 1st of May. Why this great It is not enough to say that there has been an investigation by necessity for early adjournment? Are you afraid oflabor troubles? an officer of the Post-Office Department. There should be an in­ Do you fear the record of the Administration, the menace to busi­ vestigation by a Senate committee. If everything is all right in ness, or the dangerous tendencies of the party now in power? that Department, why is it that the majority in this Senate oppose There must be some great reason for this unusual, this earnest, so earnestly an investigation? There should be investigations of this determined effort to secura an early adjournment. aU the Departments occasionally, no matter what party is in The fact is that the action of the majority on the proposed in­ power. Then those who are in the Departments will be vindi­ vestigation of the Post-Office Department is in accordance with cated before the country, and the people will say '' We know that the record made on other important subjects. Advocating hon­ the Executive Departments at Washington are being properly esty in the public service, the majority is not only dumb to the conducted, because an investigation has been made and the report demands for an investigation of the corruption and fraud in the is good." Post-Office Department,'but the majority is active in efforts to This country will be in a bad condition when the time arrives prevent an investigation. that the Senate or the House of Representatives will refuse to in­ Declaring in favor of suppressing trusts, the President and the vestigate a Department. Let it go out to the country that there Attorney-General congratulate each other upon the decision of shall never be an investigation of the Executive Departments, let the Supreme Court in ~he recent merger or Northern Securities 4036 CONGRESSIONAL RECORD-SENATE. MAROff 31' , case but- the P,.e-cision was 1ia.rdly-I?ubli Ired bef.ore-the Attorney­ tunatelT spoke of the new protective tariff proposed in: Great General seemed to rush iuto the newspapers- to a sure-all other Britain. I will ask the Senator wheth-er or not th& reason aci­ tmsts not to be alarmed·,. for tb:e:re was- no serio:us danger so- Io.ng vanced' for that proposed change in the tariff policy- of Great as they "st:md pat" forthe Republican party. Britain is not the alleged disastrous effects of a free-trade policy A vowing friendship for the Iaboring man. you permitted to in that Empire-a policy to which the Senator wontd J!ave us go? come into this country-last year, tO' compete with mrr own labor­ Mr. McCREARY. Great Britain. has had free trade on all ar­ ing-men; and. contest with them for ])read, 572,000 Hungarians·, ticles except a. few for many-years and has grown to be one of Austrians, Italians, and R'ussians, represented to be the most de­ the greatest and wealthiest nations in the world, but the Senator gra-ded and pauperized peo-ple of Eumpe-, and also nearly 4.{)0,000 is mistaken in saying I am for a. free-trade policy. I am for a re­ more immigrants from other-parts of the world. vision. of-e.risting tariff· rates-, which a:re the highest in the world, Declaring in 189') in your national platform- and a reasonable and safe and wise reduction. I want to say, also, w favor the admission..of the remaining Territories at the earliest prac­ in answer to the Senator's previous qilestion that our trade and tic3bfe chy, ha.ving ua regard:tothe interests of the people of the Territories Oti:r'commerce. had greatly increased before Mc.Kfuleywas..inau­ and..of the Unitfld·S tes, gurated.. and again declaring in 190'0'- Mr. BEVERIDGE. That compels:me-andTvery much.regret We favor home rule for and the enrly admission to statehood'.of the T'er­ to interrupt the Senator further, but each answer compels an­ l"itori of New Mexico Arizona, and Oklahoma- other que tiun-to ask the Senator whether it is not true that the Republican majority has failed: to pas any bill to give-state­ shortly after-the inaugurati'On of the operation of the Wilson tariff hood. to the Temtories of New M"e.riCo Arizona, and Oidahoma, law the exports from this country did: not fall off steadily and the or either of them. .And it a:ppears that notwithstanding these imports to this country did not increase,. whereas after the begin­ repeated promises made by Repnblicans in their platforms since ning of the working of the Dingley law the exports from this 1 92. this-se sion of Congre s will clo e- without giving- statehood country did not increase and the imports to this country did not to any ot the T.erri.tories that lJla.ve named. W-hy is that? There ralatively fall off? fs a suspicion that perllaps the· good peopl'e of those Territories. Mr. }!cCREARY. The. condition& to which the Senator from love D mocrati:c doctrine ~ more- than they do· Republican doctrine, Indiana refers were to some extent brought about-- and if those Territories were :.dmitted as States they would semi Mr. BEVERIDGE. Is not that true? here Democratic Senators and Democratic Representatives or at Mr. McCREARY. By the hard times. which.commenced.dnring !east a. majority of them, and. that Democratic electors.,would be a ReiJublican Administration. chosen at the next Presidential election. Mr. BEVERIDGE~ But is not thattrue? Again, in 1896 the Republican party declare:d in ita national Mr. McCREARY. And· the hard times.ha.d·an -effect, I know, platform: upon both om: imports and our exports. We faTor the erlensionofour foi:eign.commerce, etc. Mr. BEVERIDG~. Without entering into the explanation, I Although it is well known that if our ships eno-age in foreign ask the-Senator whether it is not true that under the Wilson law., commerce they must be permitted' to bring a return cargo, and shortly after it began its operations, our export& did' not steadily the Republicans have built a tariff wall around the country so fall off, while our imports steadily increa ed; whereas under the high. as to almost entirely eiclude foreign manufactured.goods. Dinaley la.w our exports have- steadily increased, while our iln­ The high tariff wall has forced the commercial nations of Eu­ portshave steadily fallen off relatively? I notthattrue? rope to retaliate by enacting retaliatory tarUf laws. Germany, ID. McCREARY. I stated that while-that may be true­ France, and Russia have pas ed retaliatory tariff laws and the Mr. BEVERIDGE Is it true? question is beinrr agitated with great earnestness in Great Britain. Mr. McCREARY. There were conditions in. this country-­ It was said when the Dingley tariff bill was passed and the extra Mr. BEVERIDGEL I know; but are tho e facts true? 20 per cent was put on that '' the extra per cent should be traded Mr. McCREARY There were condition& in. this country that off in consideration of concessions to be obtained from foreign heiped to bring about the situation the Senator referc to. countries in the way of reducing duties upon farm products and Mr. BEVERIDGE. I know;. bu.t, will the.. Senator answer manufactured articles exported from this country,'' but thiB was whether: or n.ot that is true? never done. U rider the Dingley bill a number of·reciprocity trea­ fr. McCREARY. But it iS' absolutely certain that before the ties were negotiated by Mr. Kasson, and yet not one of those Dingley tariff bill or the McKinley tariff bill were pa sed this treaties ne~otiated by him has ever been ratified. country was prosperous and had a large foreign commerce. ~Ir. PreSldent, these are some of the inconsistencies of the Re­ Mr. BEVERIDGE. Twill not interrupt the Senator further, publican p i-ty. since he doe not desire to answer directly my question. 1\Ir. BEVERIDGE. Mr. President- Mr. McCREARY. :Mr. Pre ident, the exports fell. o:ff before The PRE IDENT pro tempore. Does the Senator fi·om Ken­ the p sage of the Dingley tariff act. tucky yield to the Senator from Ihdiana? Mr. BEVERIDGE. I think the Senator will find the facts Mr. McCREARY. Yes, sir. asked in my que tion to be exactly accurate. I will not inter­ Mr. BEVERIDGE. Would the Senator consider it an inter­ rupt the Senator further with reference to his note of warning ruption if r hould ask him a question? about the foreign trade e:n:ept to give-him this fact: That within Mr. McCREARY. No, sir-. five years from the time William McKinley was inan.gurnted the Mr. BEVERIDGE. The Senator is compla.iriing of. the deca­ balance of trade in our favor was-increased. and that within that dence of our foreign trade. I should like to ask the Senator five years alone it was greater than during the entire history of the w1l.ether since the date of the inauguration of William McKinley Republic put together. Not only that, but the balance of trade our foreign trade has increa ed or d..iminbilied? mour fa"VOr-- :Mr. McCREARY. The Senator from Indiana is mistakenin 1\Germa.ny, gether. ·That fact I cite with reference to the Senator's note of France, and Russia-have passed retaliatory tariff laws. The warning concerning our foreign b-ade. law in Germany has not yet gone into efiect, neither has the law .Mr. McCREARY~ Of cour e there are conditions when times in Russia. But I am sounding a. note of warning. I do not want are hard-when crops are sm.cll, trade dull, and money matters our foreign mmerce to be curtailed. I do not want anything to are stringent-and such times have come under the rule of all be done in this country that will cut down our foreign commerce. parties. To-day our trade with Great Britain is far greater than that with Mr. BEVERIDGE. Of cours3 times are hard under certain any other nation: and yet, as is well known, the qnestionis being conditions. debated over there of adopting retaliatory tariff laws. Mr. McCREARY. We have hard times in this country occa­ Mr. BEVERIDGE. Now, will the Senator peTrnit a question? sionally through conditions which we do not have in pro peroua Mr. McCREARY. Yes, sir. times. But I want to say this: The-Republican party ha been Mr. BEVERIDGE. I am glad to hear the Senator say that his declaring in all of its platforms for economy, and yet theTe has note is not a note of regret, butanoteofwarning. Usnallyfro?Jl been more reckless expenditure of money and more wasteful ex­ the other side of the Chamber comes eith r a note of regret or a trava 7 ance in the last two Republican Administrations and par­ note of warning. Now, the Senator says that he is insisting upon ticularly in the rrresent one, than this country has ever known an increase of our foreign trade. I wish to ask him whether or before. not;the export trade of the United States has not immensely in­ Mr. President, when I came to Congress, and it was not very creased since the date William McKinley was inaugurated? Iongago- Mr. . McCREARY. I think our foreign trade has increased in Mr~ BEVERIDGE. Will the Senator permit me to interrupt !pita of some of the obstacles that the Republican party have him? thrown in the way. Mr: :rtfcCREARY. Twill yield in a moment. For the year Mr. BEVERIDGE. Now, another question. The Senator for- 1885, when I fu·stentered Congress, under a Democratic Adm:inia- 1904. CONGRESSIONAL RECORD-SENATE. 4037

tration, the whole amount of money appropriated in the general istration is based upon many Democratic Administrations in th~ appropriation bills and for permanent appropriations was $:318,- past. 000.000. The amount appropriated for 1904, under a Republican Mr. BEVERIDGE. Does the Senator think that statement Administration. Is $753,000.000. It did not cost $1.000.000 per day justified by the experience of the country under the last one? when I first came to Congress to pay the general expenses and Mr. McCREARY. Well. there have been bard times, as I said the permanent expenses ·of the GoverD.lDent. and yet to-day it costs before. under various Administrations, brought about by condi­ more than $~.000,000 per day to pay the expenses of the Govern­ tions for which the Administration was not responsibJe: but. Mr. ment under its general appropriation bills and its permanent President, the Democratic party dming the last century was in appropriations. . . power longer than any other political party. Beginning with When we compare the appropriations made by the Fifty-third Jefferson, at the commencement of the century, and coming on Congress (two sessions), wb1cb was controlled by Democrats dur­ down, it was the Democratic party that built up this country­ ing Clevelrmd's second term, with the Fifty-seventh Congress, made it a great country-and laid the foundation and started the controlled by Republicans, we find bow recklessly public money prosperity which made our country so great :md successful. has been expended. The appropriations made by the Fifty-third I w.mt to say to my friends on the other side that they have nq Congress (two sessions) , including permanent appropriations, right to boast about their management. To-day the party in power amounted to $989.239.20;).69, arrd the appropriations made by the is confronted with a deficit of $42.000,000. Where is your good Fifty-seventh or last Congress amounted to 81,554.108,514.84. and management of our finances? Where is your boasted success, adding thereto the contl-act obligations in excess of appropria­ when to-day we are confronted with a deficit of $42,000.000; ane no hesitation in saying that taxes Mr. McCREARY. Mr. President. theSenatorfrom Massachu­ would have been lower and the great mass of the people would have setts, I think, misunderstood the purport of my remarks. been happier, and the Government would have been honestly and Mr. HOAR. Very well. I rose for the purpose of seeing whether economically administe1·ed under Democratic rule. I did or not. Mr. BEVERIDGE. Will the Senator please answer thi! ques­ Mr. McCREARY. I said that Republicans were opposing the tion, and I will not ask any more: Does the Senator think that apprnpri2/cion of $5,000.000 to construct this building. I do not his statement that we would have been more prosp<>rous undsr a say they are opposed to the construction of a building. I believe Democratic Administration is justified by the expe1·ience of the they know the necessity for it, as I do, and as the Senator from country under the last Democratic Administration? Will the Maryl:md does; but. with a deficit staring them in the face, they Senator answer that question? · do not wish to apllropriate millions of dollars now. Mr. McCREARY. The statement that the country would have .Mr. HOAR. There are four Democratic Sen..

Senate publicly announced their position. I have not talked with been continued almost without interruption from the beginning Senators privately, and therefore I am unable to say who is op­ of this sassion can have in the public mind only those two malig­ posed to the bill. I predict that that bill, reported to the Senate nant results-to destroy the popular confidenc~ in the adminis­ and advocated by the distinguished Senator from Indiana [Mr. tration of a great executive office of the Government and to put FAIRBANKS], providing for a building which is much needed, will both Houses of Congress under a general suspicion, vague and not be allowed to pass at this session of Congress. intangible, but real and fat·-reaching in its evil consequences. Mr. GALLINGER. Mr. President-- Fortunately for everybody, without rega1·d to politics, these in­ The PRESIDENT pro tempore. Does the Senator from Ken­ jurious results will not. in all likelihood, be attained. If it be tucky yield to the Senator from New Hampshire? true, as so many of our brethren on the other side have testified, Mr. McCREARY. Yes, sir; for a question. that the Postmaster-General is a man of integrity, that hi.s assist­ Mr. GALLINGER. The Senator has done me the honor to ants in the great offices which they fill are men of probity and mention my name as one of those who are opposed to the bill. I ability, what sense is there in this uninterrupted clamor for an will say to the Senator that my opposition is based upon the ques­ investigation of the Post-Office Department? Is it one of the tion of the location of the building. functions of the Congress to take cognizance of the malfeasance :Mr. McCREARY. I stated that the opposition was based upon in the inferior and clerical administration of the Executive De­ the amount of the appropriation, as well as the location. partments of this Government? Obviously not. Mr. GALLINGER. If it will not interrupt my friend, I should The whole theory of our executive administration has been to like to make a brief contribution to this discussion. create an inspectors force, charged with duties and qualified by Mr. McCREARY. I would not like to have an argument made. skill and experience to take charge of, to make report of, and to Mr. GALLINGER. Not at all. correct such minor defects in administration as from time to time Mr. McCREARY. Much as I admire the Senator from New occur. And no mm·e substantial eulogy could be pronounced upon Hampshire, I can not yield for a speech. the efficiency of the Post-Office Department than the limitations M1·. GALLINGER. I should like to occupy a single minute, which the facts in this case have put upon the clamor of our that is all- friends on the other side. Mr. McCREARY. I will give you a minute. Has anybody heard anything charged against the Post-Office Mr. GALLINGER. In citing some figures, and then, of course, Department in these debates which was not closely read out of the Senator will address himself to those figures. the book containing the report of the Fourth Assistant Postmaster­ 1\fr. McCREARY. I can not yield to the request, Mr. Preside-nt. General? I confess for one that I have listened from the begin­ The PRESIDENT pro tempore. The Senator from Kentucky ning of this controversy until now for somebody to speak who declines to yield. had some information, some rumor, some suspicion, some hear ay Mr. McCREARY. When I finish-and I will finish very soon­ on the subject of corruption in the Post-Office Department with­ the Senator from New Hampshire can take the floor in his own out reading it out of Mr. Bristow's report. right. - And the fact that no such suspicion has been raised here, that Mr. President, I have already spoken longer than I intended, nobody in this Cha!D.ber knows anything-of corruption in the and I want to close my remarks by simply saying that this coun­ Post-Office Department or of suspicions gathered about any bu­ try at the present time needs tariff reform, limitation of taxes to reau of the Post-Office Department without consulting that book, the actual needs of the Government, economy in the expenditure is, in my judgment, the most complete vindication that could be of public money, equal and exact justice to all men, particularly made in favor of the efficiency of the administration of that office. at this time when a high protective tariff enables the manufac­ And for fear I may b9 wrong about that I ask any man in this turers of our country to sell their products cheaper in Europe Chamber, on either side, whether he has any knowledge, whether than at home. he has heard an:y report, whether he knows of any hearsay, ru­ Mr. SPOONER. Mr. President-- mor, or suspicion connected with the Post-Office Department that The PRESIDENT pro tempore. Does the Senator from Ken­ is not dealt with at length in Mr. Bristow's report? If there is tucky yield to the Senator from Wisconsin? anyone here who knows of such a thing, he owes it to the integ­ Mr. McCREARY. Certainly. rity of the Government of the United States to stand up here and Mr. SPOONER. One of the articles of the creed which the say so. Senator from Kentucky announced missed ·me. He said some­ There is not in this Chamber, on either side, a man who is so thing about "justice." Will he kindly repeat that? lost to a sense of his public duty that he would not willingly give Mr. McCREARY. "Equalandexactju&tice to all men." That investigation to any authenticated or partially authenticated sus­ is the doctrine of Thomas Jefferson. I hope the Senator is some­ picion against any Depa~tment of the Government of the United what acquainted with his record and his principles. The princi­ States. ples of Thomas Jefferson are loved and are as much alive to-day But that is not our case. We are_dealing with a Postmaster­ as they ever were, and those who support those principles will General who, as everybody admits, is a man of integrity and abil­ show at the next November election for President that they are ity. We are dealing with an administration of the Post-Office alive when they defeat the Republican candidate for President Department, at the head of every bureau of which are men ad­ and take charge of this Government. mitted on all hands to be men of character and ability, and we Mr. DOLLIVER. Mr. President, a good deal of debate has are dealing with a situation which has already been so far inves­ been indulged in on account of the scant consideration which has tigated, so perfectly examined, that nobody in or out of Congress b aen given by the committee to the consideration of the post­ knows anything against the Post-Office Department or has heard office appropriation bill, and yet already practically two days of anything that was not br.ought to light and plainly set forth in of time have been consumed with the bill before the Senate that extraordinary report of the Fourth Assistant Postmaster­ with little or no attention at all paid to the substance and pur­ General, which details every transaction in connection with the pose of that great appropriation. Department that has ever fallen under suspicion or could in the I have had the honor to sit with the committee which framed nature of the case be discovered and unearthed. this bill for a good many days-I may say for a good many weeks­ Mr. PATTERSON. Mr. President-- hearing the statements of Department officials and considering The PRESIDENT pro tempore. Does the Senator from Iowa the details of this measure. I venture the statement that the bill yield to the Senator from Colorado? received in the Committee on Post-Offices and Post-Roads a very :Mr. DOLLIVER. Certainly. much more effective consideration than it is likely to receive in the Mr. PATTERSON. I am compelled to read from the book. Senate, unless some measure and limit be put to the scope and Mr. DOLLIVER. I apprehended that. general character of the present debate. Mr.PATTERSON. Yes. Iwanttosaysofranklyfirst. Those I have wondered all through this session what purpose is in the who are in and those who have facilities are expected to know a mind of our brethren on the other side of the Chamber in their great deal more than those who are out, and that is the reason. continual clamor about the frauds in the Post-Office Department. But I want to call the Senator's attention to one fact disclosed They certainly do not mean to impeach the administration of the in the book, and that is that the two attorneys, Holmes Conrad Post-Office Department, for one after another they have borne a and Charles J. Bonaparte, selected by the President have advised willing and a perfect testimony to the integrity of the head of certain investigations based upon substantial facts, which are set the Department, including all the assistants of the Postmaster­ out, and the major part of the recommendation, so far as Con­ General. gress has knowledge, has been ignored. They certainly do not have it in their minds to impeach the in­ Mr. DOLLIVER. Do not those distinguished gentlemen rec­ tegrity of the Congress of the United States, for the distinguished ommend that investigation to be made by the Post-Office Depart- Senator from Maryland [Mr. GORMAI~] yesterday in a portion of ment? . his remarks, which met the full approbation of every thoughtful Mr. PATTERSON. Yes; but the Post-Office Department has man in this Chamber, paid a very just tribute to the integrity of not made the investigation. the American public life of to-day. Mr. DOLL.IVER. Do they not say that they confidently antici­ And yet the clamor which ~as bee:c raised here and which has pate that the Post-Office Department will make it? 1904. CONGRESSIONAL RECORD-SENATE. 4039

!Ir. PATTERSON. The Post-Office Department-- Post-Office Department had a direct contact with the commercial Mr. DOLLIVER. Is it not true that the Post-Office Depart­ world for obtaining the goods needed in the publin businel58. ment has made it? They were required to buy supplies, to enter into co a tracts, which Mr. PATTERSON. I say that. so far as Congress and the in the nature of the case gave an opportunity for bad men to com­ country are concerned or have knowledge, the Post-Office Depart­ mit fraud; and all the briberies and conspiracies that have been ment hae not made the investigations. unearthed and all the frauds that in the nature of the case were Mr. DOLLIVER. My information- possible in the Post-Office Department came from those divisions Yr. PATTERSON. And it is because the Administration is charged with the business of buying supplies and charged with ignoring the advice. so far as we have knowledge, of the very at­ the business of equipping the post-office service in its various torneys selected that we, upon this side, are insisting upon an branches. investigation. So when an investigation was made it naturally put under in­ Mr. DOLLIVER. I will say to the Senator from Colorado that quiry the bureaus that did the buying and furnished the supplies my information is that the e matters have all been investigated: for the Post-Office Department. It was not creditable to human that all the testimony obtainable by the expert detective force of nature, w~atever political pa.rty was responsible for these pilfer­ / the Post-Office Department in all cases involving a violation of ing officials, that some of these men who in the course of the last r I the law or any fraud in connection with the Post-Office Depart­ twenty years had risen to positions of confidence and, as we sup­ I ment h ts been put before the grand jury, and for the first time posed, usefulness in the public servict, yielded to the spirit of the in the hiStory of frauds in the Government of the United States times and gave way to the temptation to increase their income we have seen the criminals detected, the evidence formulated by by fraudulent dealing against the Government of the United a competent detective force, the cases put before grand juries, States. indictments found. trials had, convictiollll made, and if we live And it is to the everlasting honor of the Administration. from long enough and the technicalities of the criminal law are not the Chief Magistrate down to the humblest inspector in the Post­ too much for us we are likely to see the harvest of thes~ prosecu­ Office Department. that the cases involving fraudulent dealing tions in a perfect vindication of the statutes of the United States. against the Government have been invest~ gated so thoroughly Mr. PATTERSON. If it had not been for the bold and defiant that indictment after indictment has been found. and these rec­ and somewhat dramatic challenge of the Senator from Iowa I reant officials who had abused the trust that was confided to them would not have interrupted him. I simply continue to make the by. the long-continued confidence of the Government under sev­ statement that if the Post-Office Department or any branch of eral Administrations have at last reached the end of their cheap the Administration has made the investigations that were recom­ and dishonorable careers. mended by Messrs. Conrad and Bonaparte, neither Congress nor I hold, therefore. that instead of spending time here clamoring the public has the results of those investigations. _ for investigations that have already been made, wasting the valu­ Mr. DOLLIVER. Now, you have joined in the tribute to the able hours of the Senate, this body would be in a good deal better Po tmaster-General. business examining tho e provisions of law which have been made Mr. PATTERSON. I have not had an opportunity to join in a in the pending bill, to make such malfeasances in these public tribute. offices impossible in the future. Mr. DOLLIVER. You would be glad to do so. It has not been creditable to the Government of the United Mr. PATTERSON. The Senator from Iowa goes upon the the­ States that we have left the Post-Office Department. dealing with ory that whoever comes from Iowa muet be hone~t, and there­ the largest revenues of any Department of the Government and fore we must all pay a tribute. I am not- handling the largest appropriations, to be manag~d in a haphazard Mr. DOLLIVER. I hope my friend will not give to Iowa more way by people who under strese of temptation have subordinated honor in this matter than it deserves. their public duty to their lust for money. And so the Post-Office Mr. PATTERSON. I was laboring under a mistake. There Committee, I am glad to say, under the leadership of the distin- · are so many of them from Iowa, I thought they all were. guished junior Senator from Georgia [Mr. CLAY]. has studied Mr. DOLLIVER. Very properly; but not this one. the question r,f making such trifling peculations as have occurred Mr. PATTERSON: I have no doubt they ought to be. But in this Department impossible in the future administration of the that is not the question I presented to the Senator from Iowa. It Post-Office Department. is that recommendations for investigations have been made, based We have tried to put an end to the power of all minor officials upon facts brought to the attention of the Administration, and so of the divisions of allowance and supplies of the Post-Office De­ far as the country and Congress are concerned no investigation partment by creating a new and independent office, which shall has been made. If there has been, neither has been given the re­ be in charg-e of every purchass that is made for any purpose by sult. the Post-Office Department, and which, under the provisions of Mr. DOLLIVER. The very character of the Postmaster-Gen­ the proposed bjll, is to conduct the business by public ·advertise­ eral, the acknowledged character of his assistants in all of those ments in the light of day and make an annual report to Congress great offices under him, is to my mind conclusive proof that these of every, even the most minute, detail of the business which it has investigations, if recommended by Mr. Conrad and Mr. Bona­ transacted. parte. would have been made, and my distinct information is I venture the statement that gentlemen on the other side of the that tlto ~ e investigations had already been anticipated and made Chamber would render a better public service if they would put in full before this report was made. their great ingenuity at work in perfecting. if we have not already Now, I may be wrong about that. but I venture to say, judg­ perfected it. this provision of the post-office appropriation bill ing from the energy with which this matter has been conducted, than in beating the air with these worthless and tiresome clamors that that is absolutely correct. The recommendation of Mr. about a further investigation of a subject that has already been· Conrad and Mr. Bonaparte is in these words in concluding their dug out to the bottom. report: Reference has been made by the distinguished Senator from We very respectfully recommend~ Kentucky [Mr. McCREARY] to the fact that the Post-Office De­ 1. That a tboro:1!i~;esti~a.tion be ordered, if it has not been already or­ dered,

Mr. :MONEY. I do not know anybody who questions it. I were charged at the time of having ·tried to get increased clerk have never heard anybody question it. But the Senator asks the hire for certain post-offices. Our whole system of postal salaries question now if anybody believes that this so-called" Bristow re­ and clerk hire is crude in the la-st degree. There are cases I know port" was sent here to injure anybody in either House? myself where the post-office pays to the postmaster a salary of Mr. DOLLIVER. Yes. ~900, and under our scheme of allotting clerk hire $1,400 of it Mr. MONEY. I should like to ask a question for information, is spent to provide the necessary clerical force to carry on the which I have been unable to get at the Post-Office Department. office. In certain grades of post-offices there was only one way in Who is responsible for the headlines that run along over that re­ which additional clerk hire could be secured, and that was by port concerning the allotting of pay at separating offices? making some kind of a showing in respect to the separation of Mr. DOLLIVER. I do not know. mail. Mr. MONEY. I inquired at Mr. Bristow's office. He was sick So your committee in preparing this bill have put in a proposi­ and absent. I inquired at the office of Mr. Wynne, because I was tion dividing the clerk-hire fund, which had been a million dollars told by the c:P.ief clerk of Mr. Bristow's office that that office got for the separation of mail, more than half of which was used for up the report. Mr. Wynne disclaimed any knowledge of that the general administration of the little local post-offices. We have heading. He suggested to·me that it was probably done at the divided it into two funds, giving $500,000 to be expended for the Printing Office. I told him that was simply preposterous, because separation of mail under regulations no longer secret, but here­ the Printing Office followed copy, whether it made sense or non­ after to be in the full light of publicity, and the other$500.000 we sense, and they depended upon the writer to correct the galley have squarely set aside to help out the unfortunate postmasters proof. . who, all over the country, have found their salaries swallowed up So I have been unable to find any man who is responsible for altogether by the expenses of administering their offices even in that heading. The heading, as you know, reads: "Charges an inefficient way. against Members of Congress." So, while gentlemen have been preparing speeches and noises Mr. DOLLIVER. "Charges concerning Members of Congress." and clamors stale and unprofitable about corruption in the Post­ Mr. MONEY. Well; then the Senator does not know who did Office Department, this committee have put all that behind it, th~ . and have gone forward in a rather undemonstrative way to sug­ Mr. DOLLIVER. I do not. I understand- gest provisions of law that will make impossible the abuses that Mr. MONEY. I have not found any man anywhere who does have brought suspicion and scandal upon it. know. I have never been alarmed about it. I said in this Chamber at Mr. DOLLIVER. If the Senator from Mississippi will permit the beginning of the present session that I believe in the absolute me-- integrity of the Government of the United States. I have seen Mr. MONEY. Certainly. it administered under more than one political party, and it has Mr. DOLLIVER. I understand that acommitteeof the House always been a pleasure to me to confess before my own people of Representatives in investigating that matter has lodged it sub­ and everywhere that the Government of the United States, even stantially in the Public Printing Office. when administered by those of opposite political faith, was ad­ 1\il'. MONEY. That copy then came back for correction to ministered with absolute fidelity to the public welfare. whoever sent it there, and the responsibility is with the authori­ I have seen the wheels of its Administration going around, some­ ties who published that document. times under a political party which I could not indorse, but I Mr. DOLLIVER. Mr. President-- have never seen a minute in my entire public life when I felt a Mr. MONEY. If the Senator will allow me- _ suspicion against the integrity of the great public officials upon Mr. DOLLMR. Certainly; I thought my friend was through. whom rest the responsibilities of the Government of the United Mr. MONEY. That heading is a distinct charge. I have not States. read it or heard it read, but there is nothing in it outof the usual Therefore I have deplored, and I now deplore, this clamor di­ order of things except two or three little details of rent, which rected against the Post-Office Department of the Government, happened to be explained satisfactorily by the gentlemen con­ and especially when it arises in the heat of partisan anxiety and cerned, so I am told, on the other side of the House; that the list impatience to assail the highest public official known to our law. which is published there simply relates to applications made to I listened yesterday to the distinguished Senator from H ary­ members of Congress in both Houses for assistance in securing an land [Mr. GoRMAN] pay his unconscious tribute to the Prc::itlent allotment of mail pay in separating offices only. . of the United States. He pictured him beyondthedream c>cn of I find that in every instance all the Member did was to trans­ those of us who have symp:tthized with his public acts aml 1ave mit a letter and ask the Post-Office Department to proceed in the looked forward with enthusiasm to his election to the high station usual manner to ascertain whether anything should be done or which he occupies. He placed him above all the great leaders not, the usual manner being to send out a blank circular which and heroes among men in all ages. they have prepared in which they get the number of pieces han­ He represented him as swaying the House of Representatives dled and registered for a certain length of time, and upon that a by a hint from the other end of the AvEnue. He represented him proper rate is allowed. I think nobody asked for anything more as a man swaying a great political party, which has reduced its than the means of obtaining information for the purpose of in­ enemies to an almost ludicrous minority in the United States, and creasing or decreasing the clerk hire. holding it in his hand as a child would balance its playthings. Yet, notwithstanding that, it has.gone to the world that Mem­ He represented him as a man who, without even entering the Sen­ bers of Congress have been charged by somebody with corruption ate Chamber, by a simple suggestion to the western side of this in connection with the Post-Office, and that has been clearly man- Capitol could take this great body and paralyze its activities and . ifested by the fact that the very day it first came out a newspaper leave it limp and helpless, with only one anxiety and purpose in in this town, in a headline as long as my finger, stated" the Post­ its heart, and that the anxiety to disperse and get away from this Office scandal touches Congress." But it had not touched Con­ Capitol. gress,and thereporterderivedhis information from that heading, Now such tribute to the greatness and genius and leadership and in no other way. of a public man was never before heard in the Senate Chamber of It is evident to my mind that that heading was not made with the United States. a malicious purpose, but it was coolly mendacious, and there was We on this side, his followers, his friends, who have watched · no other rea-son for putting it there except to attract public atten­ his career since he first came to this capital, while we think a tion top. charge that Congress is corrupt and to divert the coun­ good deal of him, have never felt impelled to frame a eulogy like try from the charge of corruption of the Post-Office Department that upon the President of the United States. On the other hand, itself. we recognize him as a plain, blunt man, who came to his great Mr. DOLLIVER. I am greatly obliged to the Senator for his responsibilities, under terrible disadvantages, in an hour of na­ statement. tional anxiety and of universal public sorrow. Mr. MONEY. Not at all. We have never seen any disposition in him that would seek to Mr. DOLLIVER. I have never set any importance upon this subvert the just functions of either House of Congress. We have memorandum of what Members of Congress have done in connec­ seen him in these three years in almost daily consultation with tion with the Post-Office Department. But that report did one good those on this side of the Chamber who, by reason of their experi­ thing, if nothing else. It called the attention of the Post-Office ence and their wisdom and their knowledge, are competent to Committee of both Houses to the fact that there was in the Post- act as counselors and guides in our public affairs. We have not Office Department a secret administration of some of the funds thought of him as undertaking to intimidate the Congress of the confided to the Department by the appropriations, and one of the United States either by calling it in session when it ought not be new phases of this bill, which would warrant anybody's very called or by seeking to adjourn it before its business had been friendly attention, I think, is the proposal that the expenditure of finished. this money, instead of being carried on under secret regulations, We think of him rather in the character in which he appeared shall be carried on under public regulations, to which everybody on the day when he took the oath of his great responsibility. shall have complete access. He said then that he would follow in the footsteps of William And another thing. A great many members of both Houses McKinley, and faithfully he has kept that pledge. He has kept

... 1904. CONGRESSIONAL RECORD-SENATE. .4041

by his side all the counselors who were closest to McKinley, the Mr. DOLLIVER. I do not think so. I think this order was men who in the Cabinet had the ear of the late President, and issued because the experience of the Pension Bureau in its daily bad been guiding the public policies of the previous four years. business had shown that at the age of 62 years veterans who had These men he bas kept close by his side. He has kept close by served their country in the field were at the end of their activities his side those men whose wisdom and knowledge and leadership as men of affairs, and especially so as regards manual labor. in both Houses of Congress have given them a right to be con­ Mr. OVERMAN. ·If the Senator thinks that was the proper sulted in the public affairs of the people of the United States. con~truction of the law of 1890, why did he introduce a service­ Not only has the President kept close by the counselors of Mc­ pension bill? And does he not think that that order was an as­ Kinley, but he has kept close to the great national policies which sumption of legislative authority? characterized that epoch-making Administration. He has not de­ Mr. DOLLIVER. I do not. I think it was the business of the parted from them at all, and to-day his followers, the men of all Commissioner of Pensions to interpret the law of 1890 liberally, political faiths who put their confidep.ce in Theodore Roosevelt, and I for one am glad that the Commissioner of Pensions, an old resent the imputation that he has either trampled upon our laws soldier himself, has interpreted that law with the authority-at or overstepped the prerogatives of his great office. least, the permission-of the President of the United States and the Secretary of the Interior, in order extend its advantages to The Senator from Maryland undertook to disparage the Presi­ to I' dent of the United States because he had taken the function of these old veterans of the Union Army. ; le!rislation out of the hands of Congress, and was about to trans­ If the Senator thinks that that act of the President is going to act all that business in the absence of Congress, and even in its dishonor him, to degrade him, to discredit him in the opinion of presence, without its assistance. He cited here an order of the the people of the United States, he has yet a good deal to learn Commissioner of Pensions issuing a regulation to govern the allow­ about that sense of gratitude and good will which everywhere in ance of pensions to broken-down old veterans of the Union Army. the United States goes out to the men who bore the battle, and I do not think the Senator from Maryland was fortunate in that. to their widows and their orphan children. He sl:ould have known that in that order no departure was made So, Mr. President, I end as I began, by suggesting that our from the established policy of the Pension Bureau. He should time would be better occupied in perfecting this bill, providing a hav·e known that the act of 1890 expressly requires the Commis­ working mechanism. for the Post-Office Department, that the sioner of Pensions to establish the regulations under which that frauds and complaints which have been so numerous in the last law should be administered. Heshouldhaveknown that asearly year or two may be corrected by law, and that every minute we as 1893, when Judge Lochren was Commissioner of Pensions, it spend in clamor over a Congressional investigation is time wasted was not thought out of the way for a Commissioner to lay it down and thrown away. , as one of the regulations that a man of 75 had reached an age and I desire to ask consent to add a brief extract to my speech from an infirmity that made no further inquiry into his physical con­ the report of Mr. Conrad and Mr. Bonaparte, to which I made dition necessary. reference in the remarks which I made. He should have known that as early as the first year of the last The PRESIDENT pro tempore. The Chair hears no objection. Administration a regulation was established in the Pension Bu­ The Secretary will proceed with the reading of the bill. reau fixing the age of 65 as the limit at which further testimony - Mr. PROCTOR. Mr. President- should not be required on the question of a man's ability to earn Mr. PENROSE. I yield to the Senator from Vermont for the half his living at manual labor. And this new order, heralded purpose of presenting a conference report. everywhere as a violation of law, turns out, in the light of prece­ AGRICULTURAL APPROPRIATION BILL, dent and fact, to be only ·that benignant interpretation of the Mr. PROCTOR submitted the following report: statutes of the United States which accords with the sense of The committee of conference on the disagreeing votes of the two Houses on gratitude which the American people feel on all sides for the sur- the amendments of the Senate to the bill (H. R.l1825) making appropriations viving veterans of the old Union Army. . for the Department of Agriculture for tbe fiscal year ending June 30, 1005 and for other purposes, having met, after full and free conference have aO'reed I was asked earlier in the session, and I accepted the trust to recommend and do recommend to their re3pective Houses as follows: gladly, by the committee representing the Grand Army of the That the Senate recede from its amendments numbered 7, 48, 50, 65, 70, 71, 74, Republic, to present in the Senate the bill which they had pre­ 75,77' 861871881 9(}1 91, 92, 9!1 96,97 ,102,10!1 108, 109, 110,1111ll6, 1191120,121 I 1221123. pared for a service pension, It was a simple measure and, in my That the House recede from its dis::tgreement to the amendments of the Senate numbered 1, 213~,. 4, 516, 8, 9,101ll, 12, 13,14:,15,16119122.23125128 127129, 30131, humble judgment, ought to be taken up by the Congress of the 341361 ~ 40b41, 4§, 45, 4S ~-.!· ', 491 51.!.53, 55, BQ, 63164166, 68169172 1r;3; 76178 ,801811sa, 84189, United States at as early a date as practicable and placed upon 98,99,1w,11,105,1061llTI 1 112 1 11~,ll4 llo , and 117, and agree to the same. . That the House recede from its1 disagreement to the amendment of the the statute books of the United States. It was from the begin­ Senate numbered 17, and agree to the same with an amendment as follows: ning belied and misrepresented, especially by the metropolitan Strike out the word "nine" in said amendment and i.mert in lieu thereof the r ress of the United States. word ''four;" and the Senate agree to the same. That the Honse recede from i1:8 disagreement to the amendment of the It was ·described as a raid upon the Trea&ury, as an effort to Senate numbered 18, and agree to the same with an amendment as follows: bankrupt the Government of the United States. It was nothing Strike out the words of said amendment "thirty-eight thousand two" and of the sort. It was a simple measure of justice in accord with all insert in lien thereof the words "thirty-seven thousand seven;" and the Senate agree to the same. of the precedents of our national history. The only question That tbe House recede from i1:8 disagreement to the amendment of the about it was whether the time had yet come to place such a Senate numbered 20, and agree to the same with an amendment as follows: statute upon the books of the United States. I have no doubt In line 2 of said amendment strike out the WQrd "fifty" a.nd insert in lieu thereof the word "twenty-five;" and the Senate agr ee to the same. that the Congress of the United States will in good time take up That the Honse recede from i1:8 disagreement to the amendment of the that measure and put it through. Senate numbered 21, and a.IP'ee to the same with an amendment as follows: In the meantime the President of the United States is entitled On page 13, lines 22 and 23 or the bill, strike out the words "two hundred and eighty-seven" and insert in lien thereof the words" three hundred and sixty­ tob·edit and honor, and not to criticism and disparagement, be­ two:" and the Senate agree to the same. cause, pending the action of Congress, without jnterfering with That the House recede from its disagreement to the amendment of the the function of the legislative branch of the Government at all, Senate numbered 24, and agree to the same with an amendment as follows: In lieu of the words "and student" stricken out insert the words "student out of the goodness of his heart and out of his sympathy for these or:" and the Senate agree to the same. broken-down old veterans of the Union Army, he has given, as I That the House recede from its disagreement to the amendment of the understand-- Senate numbered 28, and agree to the same with an amendment as follows: In lieu of the word "student" stricken out insert the words "student or;" Mr. OVERMAN. May I ask the Senator from Iowa a question? and the Senate agree to the same. Mr. DOLLIVER. Certainly. Thatthe House recede from its disagreement to the amendment of the Mr. OVERMAN. I understand the Senator introduced a serv­ Senate numbered 32 and aO'ree to the same with an amendment as follows: Onpage 18, line 17, of the bill strike out the words "forty thousand dollars" ice-pension bill. and insert in lieu thereof the following: "forty-three thousand five hundred Mr. DOLLIVER. I did. dollars;" and the Senate a.gree to the same. Mr. OVERMAN. Is there any need since the adoption of this That the Honse recede from its disagreement to the amendment of the Executive order for the passage of that bill? Senate numbered 33, and agree to the same with an amendment as follows: Strike out the word" twelv-e" of said amendment and insert in lieu thereof Mr. DOLLIVER. There is a great deal less need of it than the word "ten;" and the Senate agree to the same. there was before the order was issued, and yet, if the Senator will That the Honse recede from its disagreement to the amendment of the read the order, he will see that it falls very far short of covering Senate numbered 35, and agree to me same with an amendment as follows: In lieu of the words "and student" stricken out insert the words "student the entire question raised by the Grand Army service-pension bill. or;" and the Senate agree to the same. • Mr. OVERMAN. Does the Senator intend to press the bill now That the Honse recede from its disagreement to the amendment of the Sen­ ate numbered 37 1 and agree to the same with an amendment as follows: In before the committee? lieu of the amount proposed insert "sixty-seven thousand five hundred;" Mr. DOLLIVER. I have done everything I can, and I intend and the Senate agree to the same. to do everything I can, to press it; but I do not expect to overrule That the House recede from its disagreement to the amendment of the Sen· the judgment of Congress; and I confess that the prospect of se­ ate numbered 38, and agree to the same with an amendment as follows: In lieu of the word "and" stricken out insert the words " student or;" and the curing the enactment of that law at this session of Congress is, Senate agree to the same. at least, dim and uncertain. ThattheHouserecedefrom its disagreementtotheamendmentof the Sen­ Mr. OVERMAN. Does the Senator think that the reason for ate numbered 42, and agree to the same with an amendment as follows: In place of the amount proposed insert the following: "forty-two thousand ftvl th~ adoption of the order was because he could not secure the hundred;" and the Senate agree to the same. pas~age nf a servir-e-pension bill? Th.a.t the House recede from its disagreement to the amendment of the Se~ 4042 CONGRESSIONAL RECORD-SENATE. MARCH 31,

ate numbered«, and agree to the same with a.n amendment as follows: Strike I take it that we may inquire into the affairs or tl}e manage­ out the word "twenty-five" in said amendment and insert in lieu thereof the word "twenty;" and the Senate agree to the same. ment of a coordinate branch of the Government only for the pur­ That the House recede from its disagreement to the amendment of the Sen­ pose of enabling us to determine what facts are neces ary to en­ ate numbered 02, and agree to the same with an amendment as follows: ~ able us intelligen..tly to legislate as to the general affairs of the fore the word "trees" of said amendment insert the words "mulberry and other rare and va,luable;" and the Senate a.gre to the l!&me. Government. It' seems to me that this demand for investigation That the Rouse recede from its disaveement to the amendment of the Sen­ is being pres ed far beyond that point. If we have before us ate numbered 54., and agree to the sam~ with an amendment as follows: Strike subjects requiring our action, it is entirely proper that we should out the words of said amendment and in lisu thereof insert the follo'*ing: "into and cultivation in;" and the Senate agree to the same. inquire into the methods of the Executive Department of the Gov­ That the House recede from its disagreement to the amendment of the ernment to which our attention is directed by such action. I do Senate numbered 56, and agree to the same with an amendment as follows: not understand that there is any question before us at this time In lieu of the amount proposed in said amendment insert "seven thousand five hundred; " and the Senate avee to the same. upon which we desire enlightenment by this investigation in order That the House recede from its disagreement to the amendment of the that we may more intelligently legislate. Sena.oo numbered 67, and agree to the same with an amendment as follows: I take it that it is not proper, that we can not with propriety In lieu of the amount proposed by the amendment insert "seven hundred and forty-four thousand four hundred and thirty;" and the Senate agree to engage in an investigation of a coordinate branch of the Govern­ the same. ment merely for the purpose of holding that branch of the Gov­ That the House recede from its disagreement to the amendment of the ernment up to ridicule or for the bare criticism of that branch of Senate numbered 58, and agree to the same with an amendment as follows: In lieu of the amount proposed by the amendment insert ·• three hundred the Government. The execntiv& branch, coordinate with ours anrl eiibty-ei2'ht thousand aolla.rs: ., and the Senate aiJ'ee to the same. in point of extent of power. may safely be intrusted with the duty That the House recede from its disagreement to the amendment of the Sen­ of investigating itself. Would we for one moment admit that ate numbered 59, and agree to the same with an amendment as follow · In lieu of the amount proposed by said amendment insert "four hundred and either of the other two coordinate branches of the Government twenty-five thousand one hundred and forty;" and ~ Senate agree to the might investigate us? Would we admit that they could with pro­ same. priety enter into an investigation of our action in regard to the That the Rouse recede from its disagreement to the amendment of the Sen­ ate numbered 61., and agree to the same with an amendment as follows: In performance of the duty ves.ed in. us? I think not. line 2 of said amendment, after the word "drugs," strike out the words ·• and We occupy an advantageous position in such investigations and liquors" and insert the words followinoo: '' beverali:'es. condiments. and ingre­ in the discussion as to whether or not they are proper. We are dients of such articles;" and in line 2i of said amendment, after the word "production," insert tbe followin2': "or which are forbidden entry or to be like those who have charge of the public press. of the newspaper. sold, or are restricted in sale in the countries in which they are made or from We may say things here about or directed against a branch of which they are exported;" and the Senate agree to the same. the Government whose month is closed and who can not have the ThattheHouserecede from its disagreement to the amendment of the Sen­ ate numbered 62. and agree to the same with an amendment as follows: In same opportunity to talk back to us and to defend themselves as lieu of the amount J>l'oposed by said amendment insert " one hundred and we would have. Is it not time to consider the que tion of pro­ thirty-five thousand dollars:" and the Senate agree to the same. priety in this matter as well as the question of power? That the House recede from its di!agreement to the amendment of the Senate numbered 67, and agree to the same with an amendment as follows: In The Executive Department of the Government against which lieu of the amount proposed insert the following: "one hundred and forty­ this resolution is directed has undertaken in the performance of nine thousand ei2'ht hundred dollar~" and the Senate agree to the same. its clear duty to purge itself. to investigate the conduct of its own That the House recede from its disagreement to the amendment of the Senate numbered 79, and agree to the same with an amendment as follows: In officials. They are not ours; they are not under our control, ex­ line 3 of said amendment, after the word "crops." strike out a semicolon and cept as we make appropriations for the maintenance of that De­ insert a coiiliilA, and after the word "crops," in same line, add an" s" to the partment. word "forest;" and the Senate a~e to the same. I That the Houee recede from 1ts disagreement to the amendment of the Mr. President, do not intend to enter into a discussion of this Senate numbered 8!, and agree to the same with an amendment as follows: investigation from the stanqpoint from which it has been pre- · Strike out the words" seventy-five thousand" of said amendment and insert sen ted. But I do desire to call attention to this inquiry: Whether in lieu thereof the words "seventy thousand;" and the Senate agree to the or not, in the consideration of a bill. such as i8 before us now, it same. That the House recede from its disagreement to the amendment of the is proper to indulge in invidious comment and criticism against Senate numbered 85, and agree to the same with an amendment as follows: a coordinate branch of the Government that has shown it!elf not In lieu of the amount proposed by said amendment insert the following: only willing but capable of investigating to the ful1est extent "eighty-two thousand four hundred and fiftr," and the Senate agree to the . same. . and to the requirements of the greatest necessity all the acta of That the House recede from its disagreement to the amendment of the its own subordinate officers? Senate numbered 93, and agree to the same with an amendment as follows: What could we do should we discover that there were addi­ In Hne 2 of said amendment strike out the words " or other game animals; " and the Senate agree to the same. tional irregularities in the Department beyond those which have That the Rous• recede from its disagreement to the amendment of the been disclosed by the investigation? Wh' t could we do toward Senate numbered 95, and a.,aree to the same with an amendment as follows: purifying that Department, except that we might take into con­ In lieu of tbe amount J>roposed by said amendment ~ert "fifty-one thou­ sand eight hundred and fifty;" and the Senate agree to the same. sideration those questions in appropriating money for its mainte­ That the House recede from its disagreement to the amendment of the Sen­ nance? ate numbered 100, and agree to the same with an amendment, as follows: In Can it be supposed for a moment that we would refuse to make lieu of the amount proposed by said amendment insert" twenty thousand two hnndred;" and the Senate agree to the same. an appropriation for the Post-Office Department because, forsooth, That the House raced~ from its disagreement to the amendment of the Sen­ there were employees in that Department who were not perform­ ate numb red 118, and agree to the same with an amendment, as follows: In ing their duties, or who were violating the confidence that was lieu of theamonntproposed by said amendment insert "sixty-seven thousand fi>e hundre~" and the Sena~ agree to the same. reposed in them; and this in view of the fact that the thing de­ That the lilouse recede from its disagreement to the amendment of the Sen­ manded here to be done has already been done. or, if it has not ate numbered 124, and a2'J'ee to the same with an amendment, as follows: In already been done thoroughly, then we have the pledge of the De­ lieu of the amount proposed by said amendment insert the following: "five million nine hundred and two thousand and forty dollars;" and the Senate partment intrusted with that duty that it will continue the investi- agreo to the same. gation until the duty is thoroughly well performed? • REDB'IELD PROCTOR, It seems to me that we are infringing upon the constitutional H. C. HANSBROUGH., F. M. Sr:M:MONS\ rights and prerogatives of that Department when we attempt to Managers on the part of tile Senate. investigate, except for the sole purpo e of advising ourselvt>s to J. W. WADSWORTH, the end of intelligent legislation, as to the support and mainte­ E. s. HENRY, nance of that Department. JOHN LAMB, Managers on. the part of the HO'USe. I only desire to make these suggestions to the mind of the Sen­ ate. If I could accomplish anything in that direction. it should The report was agreed to. be directed toward securing the limitation which should surround POST-OFFICE APPROPRIATION BILL. this inquiry. The Senate, as in Committee of the Whole, resumed the con­ Mr. President. it seems to me, unle s some Senator can define sideration of the bill (H. R. 1~521) making appropi;ations for the in express language + at would amount to a direct charge some service of the Post-Office Department for the fiscal year ending m.i&conduct, ineffideney, or corruption on the part of the coordi­ June 30, 190:5, and tor other purposes. nate branch of the Government, to which not our action should Mr. HEYBURN. Mr. President. as I have listened to the dis­ be directed, but to which its action should be directed, that our cussion of the propriety of this investigation. my mind has been duty would be performed in calling the attention of the head of led to consider the que tion, first. as to the propriety and, econd, the Department to the dereliction on the part of his subordinates as to th~ extent to which a coordinate branch of the Government and asking that these things might be corrected. and directing • may inquire into the affairs of another coordinate branch of the the performance of our legislative duty on1y toward appropriating Government. The Constitution bas apportioned the duties of the money for the maintenance of that Department and to the extent Government between the three branches-the legislative, the exec­ of curing that evil. utive, and the judicial. It seems to me that the arguments that I know of nothing, Mr. President, that we could do in the en­ ha.ve boon made to-day and yesterday in regard to the propriety, actment. or in connection with the enactment. of this bill which or neces ity, if you please, of investigating a coordinate branch would in any manner enable us to determine, by im-estigating of the Government is sorely in need of some limitation, the controversies that to-day are merely glittering generalities, 1004. CONGRESSIONAL RECORD-SENATE. 4043 as· to whethBr or not the Department is more corrupt than it has i ments until after the reading of the bill is completed and the re­ shown itself to be. or.more corrupt than it has been charged to be. ported committee amendments are agreed to or disagreed to. I would therefoi·e call the attention of the Senate to this ques- The reading of the bill was resumed. The first amendment of tion of the constitutional limitations, and to the extent of om· pre- the Committee on Post-Offices and Post-Roads was, under the roo-atives in the performance of our constitutional duty. subhead "Office of the First Assistant Postmaster-General," on ]rr. BEVERIDGE and others. Regular order, Mr. President. page 11, line 15, to reduce the appropriation for separating mails The PRESIDING OFFICER (Mr. PATTERSON in the chair). atthirdandfourthclasspost-officesfrom$1,000,000to$500,000. The regular order is the reading of the post-office appropriation bill. The amendment was agreed to. The Secretary resumed the reading of the bill. The next amendment was, on page 11, after line 18, to insert: · Mr. ALDRICH. Mr. President, is the bill being now read for For allowancetothird-classpost-officeswherethesalaryofthepostmaster amendment? exceeds $1,000per annum, to cover cost of clerical services,$500,thera is a contested amendment let it go owing to an increase of business in the summer months or ovring over~ say, until we get through with the reading of the bill. to increase brought about by the establishment of rural free­ Mr. PENROSE. That would suit me very well, 1\fr. President. deli\ery routes, to have additional clerks. There has been no There are a number of ·amendments, concerning which the De­ provision in the law specifically for that expenditure, and the partment has communicated with me as chairman of the com­ habit bas been to take it either from the appropriation for un­ mittee, which I had intended to have inserted as we went along, usual expenses provided for in the paragraph above or from the but perhaps-- appropriation for separating the mails, generally fro:a1 the appro­ Mr. ALDRICH. I think that is all right, if they are commit­ priation for separating the mails. There are many offices at tee amendments. The Senator may offer them as committee which it is necessary to have at certain season3 this additional amendments. if the committee have agreed to them. force of clerks, but they are not separating offices and it is not 1\Ir. BEVERIDGE. Thatis inorder. Thatwas the agreement. carrying out the law properly to take funds from the separatin'g Mr. GORMAN. No, Mr. President. As I understand, the appropriation for that purpose. agreement was that we were to act first upon the amendments It has also been held by the Attorney-General that some of the reported by the committee. · labor which makes the additional clerks nece~sary does not come Mr. BEVERIDGE. That is correct. properly under the bead of unusual busine ~ s, and the purpose of Mr. GORl\fAN. And therefore, in fairness, I think we should this new paragraph and the division of the appropriatinil is in go on and take up only the amendments printed in this bill. Of order that the money may be spent as specifically appropriated. course the chairman of the committee has the right to offer his It is to avoid what I consider a very great evil, and that is inter­ amendments after the bill has been read. preting loosely the clauses of appropriaticn bills and throwing Mr. PENROSE. I am perfectly willing to proceed in that way, under the head of unusual business or separating the mails expend­ 1\ir. President. Of course the amendments which I have to offer itures which ought not strictly to come under those heads. are not exactly committee amendments in the sense that they have This amendment was offered in the House of Representatives by not a11 been passed on by the committee, although I do not antici­ the chairman of the Committee on Post-Offices and Post-Roads, pate that any of them will be of such an important character as and there went out on a point of order. But it seems t::> me that to excite opposition; but if it is thought more desirable to go on to divide the appropriation in this way is disti...nctly in the inte'l'est with the bill, I will reserve my amendments until after the bill of good administration and of securing a better accounting for has been read. the appropriations. It adds nothing to the total amount. Mr. GORMAN. That is the universal rule, I think, when Mr. GORMAN; I am in entire sympathy with the obje ~ t the unanimous consent is given. Senator has in view; but in the p?.ragi·aph immediately preceding 1\Ir. LODGE. I think we had better first deal with the regular the Senator will observe that" for separating mails at third and committee amendments in their order. fourth class post-offices" an appropriation: of $1 ,500,000 was pro­ Mr. CLAY. I would say, however, to the Senator from Penn­ posed to be made. Now, by our amendment $500,000 is to be sylvania that it would probably be best to introduce his amend­ taken down to the clause below, which follows it. ments and let them be received and printed, so that we may know But there is no provision in this new paragraph, embraced in what they are. lines 19 to 23, providing that the rules and regulations of the Mr. BEVERIDGE. Oh, no, Mr. President; there is an order allotment shall be published by the Post-Office Department. upon that subject already, I will state to the Senator from Mr. LODGE. I think the Senator's suggestion is a -very J~roper Georgia. one indeed. I think the same proviso that is in both the rreced­ Mr. PENROSE. Very well; then I will reserve my amend- ing ).)al'agraphs ought to be added to this one. 4044 CONGRESSIONAL RECORD-SENATE. MARCH 31,

Mr. GORMAN. .I think so. I suggest to the Senator that if amend in line 5, on page 11, and line 14, on page 11, while the he will include that in the amendment-- Secretary has read an amendment on page 10. Mr. LODGE. I ask to be allowed to add to the amendment the Mr. PENROSE. I now ask that the Secretary be permitted to proviso of the previous paragraph: read the amendment recommended by the Acting Postmaster­ Pr01.:idPd, No par t of this appr opriation shall be disbursed until the Postr General. ID.!l.Stor-General hall publish the rules or regulations governing the Depart­ ment in the allotment of same. Mr. LODGE. Certainly. Mr. CULBERSON. "Provided further." The PRESIDENT pro tempore. The amendment will be stated. Mr. LODGE. Yes, "prQvidedfurther." Aftertheword "of­ The SECRETARY. On page 11, line 6, after the word •· post- fice," in line 23, insert: offices,'' strike Qnt the remainder of the paragraph. and after the Proridedfurther, That no part of this appropriation shall be disbursed word insert " and," and after the beginning of the next paragraph . until the Postmaster-General hall publish the rules or regulations govel"lling use a small letter for the word '· for,'' and then there is an the Department in the allotment of same. amendment to insert " $1 000.000." The PRESIDENT pro tempore. The amendment will be stated. Mr. COCKRELL. Now read it as it will be amended. The SECRETARY, It is proposed to insert at the end of line 23 The Secretary read as follows: the following: For unusual business accruing at third and fourth class post-office and for separating mails at third and fourth class post-offices, $1,000,000: Provided, Provided f ttrther, That no part of t~is appropriation sha~ be disbur~ed No part of this appropriation shall be disbur sed until the Postmaster-Gen­ until the Postmaster-General shall publish the rules or regulations goverrung eral shall plfblish the rules or regn.la.tions governing the Department in the the Department in the allotment of same. allotment of same Mr. PENROSE. Knowing that we were approaching this Mr. CLAY. I will ask the chairman if that does not increase paragraph, I roe to suggest that I had some Department amend­ the appropriation at all? ments. If the Senator from Maryland desires to perfect this Mr. PENROSE. It does not increase it a dollar. paragraph at the present time, I have here a communication from Mr. CLAY. It sjmply takes $500,000 from line 6 and consoli- the Acting Po tmaster-General with suggested amendments, or dates the two amounts. 1·ather a radical change in the arrangement of these items. Mr. PENROSE. That is all. Mr. LODGE. I was not aware that the chairman had any in­ Mr. LODGE. Yes. formation from the Department about it, but I think the amend­ Mr. CLAY. That is what I thought. ment ought to be perfected now before it is agreed to. Mr. CULBERSON. The amendment proposed, I presume in- Mr. PENRO. E. All right. advertently, omits the other proviso. · 1\fr. GORMAN. I think it comes in properly at this time. Mr. PENROSE. Which is that? Mr. LODG-E. Certainly. Mr. CULBERSON. Beginning in line 9- Mr. PENROSE. Then. with the permission of the Senate, I .And pmt;ided jurther- will read the letter I have in my hand from the Acting Postmaster­ General. It is only about half a page long: Mr. QUARLES. That is stricken out. On page~ line 5, an appropriation. of $500,000for unusual b_usiness accruing Mr. SCOTT. That all goes out. at third and fourth class post-offices 1s made. On page ll~ line 14, an appro­ Mr. CULBERSON. I say the proposed amendment strikes that priation of $500,1.00 is made for separating mails at thira and fourth class out, and I presume it is inadvertently done. post-offices. The appropriation for unusual business is too lar~e, as not more than $5(),00) can be used for that purpose, while ~e app.ropnation for sep­ Mr. LODGE. Certainly. That ought to be retained. It must arating mails at third I;Uld fourth class pos~offi.ces IS entirely too .sm~ and be. will necessitate reductions at every separating office. My suggestion IS that Mr. PENROSE. I will ask to have the second proviso added. the appropriation read: "For unusual business and for separating mails at third and fourth class post-offices. SJ..OOO,OOO." This is less than the amount It was inadvertently overlooked. now expended for these items: .but on page .11~ line 19, an aJ?propriation _of Mr. BEVERIDGE. The second proviso in the first paragraph $500 000 is made for clerical assiStance at thira-cla.ss post-ofti.ces, and while on the eleventh page. this' will not afford the full measure of relief recommended by the Depart­ ment (it was estimated that $2.200,CXX> would be required}, it will be some- Mr. GORMAN. I suggest to the Senators in charge of this what of an improvement over the present situation. · bill, in view of the communication just read. that we pass the Therefore I will offer at this·time the a~endment which I ask entire paragraph, so that it can be looked into carefully, and that the Secretary to read. it be presented to-morrow. Mr. LODGE. May I ask the chairman whether the proposal, Mr. PENROSE. I will ask to have the amendment inserted, then is to consolidate the unusual business and separating mails? so that it will be retained in the reprint of the bill., and then the ~. BEVERIDGE. It is to reduce the $.100,000 in line 6- Senator can examine it, and it will be open to amendment. Mr. LODGE. No; excuse me. It is to consolidate the unusual Mr. GORMAN. And let the letter of the Acting Postmaster­ business and separating mails, and make an appropriation of General be printed in the RECORD. 1.000,000- Mr. PENRO~E. I will ask that the letter of the Acting Post· Mr. PENROSE. That is right. master-General be printed in the RECORD. I will hand it to the . Mr. SCOTT. For the two. Reporters as soon as I am through with it this afternoon . Mr. LODGE. For the two, and leave the proposed amendment The PRESIDENT pro tempore. It is in the RECORD, the Sen­ as it stands.' ator haYing read it. Mr. PENROSE. It requires a considerable change in phrase- Mr. PENROSE. I read only a part of it. I want to have the whole letter published. ~~ . Mr. LODGE. Not in the proposed amendment for additional The PRESIDENT pro tempore. The whole letter will be pub­ clerks. lished. Mr. PENROSE. Yon have to strike out a large part. The letter referred to is as follows: Mr. BEVERIDGE. Let us hear the amendment. OFFICE OF THE POSTYASTER-GENER.AL, Washi ngton, D. C., .MarchS0,190~ Mr. CULBERSON. Let the amendment be read. Hon. BOIES PENROSE, Mr. PENROSE. Yes; let the amendment be stated. Chairman of the Committee on Po:~Otficu and Post-Roads, Mr. LODGE. Certainly. United States Senate. The SECRETARY. On page 10, line 22. after the word" vaca­ Srn: Referring to House bill 13521, "An act making appropriation for the service of the Post-Office Deptu·tment for the fiscal year ending June 00,100>, tion," strike ont "$1 00,000." and fm· other purposes." as reJ)Orted to the Senate from the Committee on Mr. LODGE. That is a totally different thing. Post-Offices and Post-Roads, under date of March 29. 1904. with amendments, Mr. CULLOM. It seems to me that the committee had better I have the honor to invite the special attention of the committee to the fol· lowing items: take this matter under consideration for a little while. On page 11, line 5, an appropriation of $500,000 for unusual business accrutng Mr. PENR SE. There is no dispute about it. at third and fourth class po~ t-offices is mail e. On page ll.J line 14, an appro­ M.r. LODGE. There is no dispute about it. It is only a ques­ priation of $5(0,000 is made for separating mails at thira and fourth class post-offices. The appropriation for unUSUAl business is too large, as not more tion of consolidating two paragraphs. than $50,000 can be used for that purpose, while tho appropriation for epa­ Mr. CULLOM. I know it is to consolidate-- rating mails a.t third and fourth cla. post-offices is entirely too small and will Mr. PENROsE. !twas amatterwhich did not come to theat­ necessitate reductions at every separating office. My suggestion is that the appropriation re.ad: "For unusual business, and for separating mails at thil·d tention of the Senate or the House committee until yesterday. and fourth claS! post-offices, l,IXXl." This is less than tho a.mou.nt now Mr. CULLOM. I think, therefore, it would be better for the expended for these items.. but on pa&'e 11, line l9, a.n appropriation of $500,000 committee to consider it for a while, and with that view to let it is made for clerical assistance at third-class post-offices, and while this will not afford the full measure of relief recommended by the Department (it was be passed over. • estimated that S2_,rocl,OOO would be required), it will be somewhat of an im­ Mr. LODGE. There is no dispute about it. It is merely a provement over tne present situation. question of fonnulating the amendment. On pai'e 1!1, line 24, an appropriation of $2,550.000 is authorized for rent, light. and fuel for first, second, and third cia. " Mr. LODGE. That remains. propria ted, the following salary: For the first year of service, at the rate· of Mr. GORMAN. Then it increases the sum by the amendment JiOO per year; for the second year of semce, at the rate of S72il per year; for the third and each ubseqnent year of sernce, at the rate of $850 per yea.r, pay­ suggested by the Department. able in each ca.so pro ra.ta at the end of each month, and each carrier shall be Mr. LODGE. We have not increased it one dollar. As the entitled to leave of absence not to exceed fifteen day in each year, without bill stands, there are three appropriations of $500,000 each. We loss of pay, durins which 'time1 a substitute carrier shall be employed at the minimum rate of $ti00 per annum. put two into one, appropriating a million dollars, and leave an­ In determining the rate of pay for carriers the Postmn.ster-Geuera.l shall other at $500,000. So there is no change whatever in the amount. consider the service rendered by them, respectively, both prior and subse­ The PRESIDENT pro tempore. The question is on agreeing quent to July l, 100!. to the amendment as amended. All acts inconsistent with this provision are hereby repealed. The amendment a amended was agreed to. Mr. LONG. . I desire to offer an amendment to the bill, which Mr. CLAPP. I should like to ask the Senator in charge of this I ask to have read. bill if he has any further communications from the Department The Secretary read as follows: relating to Senate amendments? 1. That the bill be amended on page 28 by strildng out in line 15 the word Mr. PENROSE. To what amendment does the Senator refer? "fifteen" and inserting the word ''twenty-five." Mr. CLAPP. Any of the Senate amendments to the bill. 2. By striking out in line 16 the word "fifteen" and inserting the word "twenty-five." Mr. PENROSE. I have. S. By striking out in line 17 the word "nineteen" and inserting " twenty­ Mr. CLAPP. Then I submit that a report embodying those five." communications should be laid before the Senate, that we may fo. By striking out in line 20 the word "one,." between "each" and "hun­ dred " and inserting "two." take it up in the consideration of this bill. 5. By striking out in line 21 the word "uinety-si.x" and inserting the word Mr. PENROSE. It would be a very unusual proceeding to at­ "thirty-three;" and by striking out, in the same line, the words •• two hun· tempt to make a report on an appropriation bill and print a. vo­ dred." • 6. On page 29, by striking out in line 3 the word "seventy-four" and insert­ luminous document containing a large amount of correspondence ing the words "one hundred." and information about matters concerning which there may be 7. By striking out in line 7 the word "eighty-eight" and inserting "one no disagreement and the opinion of the Senate may be unani­ hundred and twenty." mous. I do not recall that it ever has been done. Where there 8. By stl'ik:ing out in line 15 the word "thirty" and inserting the word is any written report made at all on a bill reported from a Senate "forty." committee the most, according to the practice of the Senate under Mr. BEVERIDGE. This is an amendment offered by th& my observation, is a report of one page containing a schedule of Senator from Kansas. increases; and I explained to the Senate last night, and my re­ The PRESIDENT pro tempore. It is. It will lie on the tabla marks are in the RECORD, the amount and character of the in­ and be printed. crea es made in the bill. Mr. CLAY. I desire to have inserted in the RECORD, without Mr. CLAPP. The last appropriation bill that passed the Sen­ being read, a letter from the Post-Office Department in regard to ate, I think, though I am not certain about it, was the Indian ap­ an amendment to the bilL propriation bill, and I know that accompanying that amended The PRESIDENT pro tempore. The letter will be inserted in bill was a report showing the amendments and giving the reasons the RECORD. 4.046 CONGRESSIONAL RECORD- SENATE. . MARCH 31, .

The letter is as follows: tbe chairman of which is more familiar than I am with the details FOURTH AsSISTANT POSTMASTER-GENERAL, of the proposition. I understand, however, that the site is assailed Washington, Ma,·ch 31, 19011. on the part of the Pennsylvania Railroad at a depth of 20 feet be­ MY DEAR SENATOR: I think it necessa.ry1 in the interests of the efficiency low the curb by the terminus of the tunnel about to be constructed of the rural free-delivery service, that additional special agents should be provided for by Congress. Petitions are coming in now at the rate of about under the river and into New York City. It is an available site a thousand a month, which is faster than we can dispose of them with our for a post-office building. I am informed, but I do not know present force; so that the prospect now is that instead of reducing the num­ whether correctly or not, that the New York representatives at ber of petitions on hand unexamined during the summer, they will probably increase. There are at present 5,rivate street or way to be that the railroad company will be able to get a considerably larger opened for the use of the Government, parallel Wlth Eighth avenue and 610 amount by selling the property for such a purpose. feet westwardly therefrom, such site to be subject to the right of the Penn­ sylvania, New York and Long Lqln.nd Railroad Company to use for :plat­ There is some advantage, it is true, to the railroad company, forms and trackage under a plane 20 feet below the curb line of the adJoin­ as I understand it-being a large carrier of the mails, being one ing streets: Prot'ided, That such use does not interfere with the erection of supporis necessary in the construction of a suitable post-office building; but of the great trunk-line systems of the country-in having this such appropriation shall not become available until the said site for post­ building located where it is proposed; but it is not an advantage office building is acquired and the Postmaster-General shall have certified to of such an overwhelming character as to make them violently the Secretary of the Treasury that the terms and conditions of such pur­ anxious that it should be here located. chase meet with his approval, $2,. the bill. It is unquestionably a planation of this amendment. The country at large is quite in­ matter of emergency. It is an opportunity which may ba lost if terested in it. We should like to know precisely the reasons and it be a desirable opportunity, and therefore it was thought well what is to be accomplished. by the committee to insert it in the bill. Mr. PENROSE. Mr. President, this proposition comes to the If the Senator from Colorado desires any further information Senate more carefully considered and more highly recommended as to the value of the property and the character of the proposed perhaps than matters usually come for consideration. purchase, I have no doubt the chairman of the Senate Committee Under date of March 4, 1904:, the Secretary of the Treasury on Public Buildings and Grounds can fully explain it to him. . writes to the Speaker of the House of Representatives a letter, Mr. PATTERSON. They have already a post-office in New which is found in Document No. 594 of the second session of the York that I understand cost five or six million dollars, worth, Fifty-eighth Congress, as follows: perhaps, with the ground, more than that amount. I find that TREASURY DEPARTMENT, OFFICE OF THE SECRETARY, there is also in this bill an appropriation of $90,000 to lease a post­ Washington, March 4, 19011. office for twenty-five years. I suppose that is a lease rental of SIR: I have the honor to transmit herewith, for the fa.vora ble consideration $90,000 a year for twenty-five years. In addition to that, there is of Congress, copr of a. communication from the Postmaster-General, of the 3d instant, subiDltting an estimate of appropriation-$2,metropolis. United States post-office in said city, in a-ccordsncewith the recommendation of the commission created by Congress. Mr. LODGE. If the Senator will allow me, these are two Respectfully, L. M. SHAW, wholly distinct sites, of course. The Senator is aware of that? Secretary. Mr. PATTERSON. Oh, yes; of course. The SPEAKER 01!' THE HOUSE OF REPRESE1 TATIVES. Mr. LODGE. I mean the one at Forty-second street-the New York Central-is $90,000 rental. The other one, of course, is the POST-OFFICE DEPARTMENT, OFFICE OF THE POSTMASTER-GENERAL, Pennsylvania Railroad. Wcuhington, D. G., March 8, 190/,. Mr. PATTERSON. Yes; that was my understanding. Sm: In pursuance of the recommendation of the commission created by Mr. LODGE. I inferred from what the Senator said that he Congress" authorized and directed to acquire by purchase, condemnation, or thought they related to the same site. otherwise a suitable site in the city of New York, Borou~h of Manhattan, State of New York, upon which to erect a fireproof building for the use of Mr. PATTERSON. Oh, no; I understand that this $2.000,000 the United Statea p::>st-office in said city of New York," I have the honor to proposition is a substitute for the appropriations mentioned in the recommend that an estimate for the appropriation of $2,

must go altogether unprovilled .for, so iar as appropriations are 'Mr. J>.A.TTERSON. "It is ·Bimp1y ,exc1usiveabove the snrlace? concerned. Mr. F AIRB.A.NKS. Yes. Mr. FAIRBANKS. Mr. President, has the Senator concluaed? Mr. . PATTERSON. The railroad. company .occtli)ies the area Mr. PATTERSON. Yes; I shall be glad to have infonnation. beneath the surface for passenger d~pots and the 1like? Mr. F AIRB.ANKS. The essential facts are within narrow com- Mr. F.AIRBANKS. The conveyance to,the United"Stat-es will pass. be subject to the use of the company for tunnel or trackage-pur· Congress authorized a commission -composed of the Secretary poses underneath a certain depth below the sul'face. of the "Treasury, the Postmaster-General, and the Attm·ney­ M.r. PENROSE. All the depots are underground. The rail1 General to acquire a site upon which to erect a builATTERSON. And then ·the privileges of the Pennsyl· Government be necessarily compelled to pay this large additional vania Railroad ·commence and extend from 20 feet to the center rent,'because they have post-office stations throughout the city? of the earth? Mr. FAIRBANKS. No; 'llotentirely. Theconstrnctionofthe .Mr. .P.ENRDSE. That is correct. proposed building will -render unnecessary the rent of .a building Mr. PATTERSON. It is a joint arrangement between the or so now leased. Pennsylvania Railroad Company and the United States for the Mr. PATTERSON. But not all of them. ownership practically of the same tract of land. Mr. PENROSE. If the Senator from Indiana will permit me, .Mr. FAIRBANKS. Yes; in a certn.in sense, that is so. The I will state, for the information of the Senator from Colorado,.that interest of each, however is separate and clearly defined. theGove...."'lllent is expending at the Forty-second Street station for Mr. PATTERSON. That is the •reason why the Government the carriage of mails to the railway station of the New York Cen­ gets it so cheaply? · tral Company.at present $70,000, which would be rendered un­ Mr. PENROSE. This land, as · th~ Senator from Indiana has necessary if the lease of the New York,Central premises we1·e au­ just said, cost the railroad company considerably over $3,000,000 thorized by Congre s. The Government is at present paying out to get by purchase. It was a pm·chase of a secret character for 70,000 a year at that substation. sever~years,,the company buying th~ 'p;opeL'ty without -peoPle Mr. FAIRBANKS. I should like to read- knowmg partiCularly w'ho woUld obtam It. The Government is Mr. CULBERSON. If the Senator 'from Indiana will 'Permit getting it, with these restrictions immaterial to the Government's me, I think the .chairman of the committee is mistaken in saying purpose, for $2,000,000. that that has application to the matter under consideration. Mr. PATTERSON. Is the lease of $90,000 a year to lease a Mr. PENROSE. It has not connection with the Pennsylvania building that .bears the same ..relation to the New York Central Raill'Oad proposition now, but I thought the discnssion involved or is that indepenilently of ..the ground occupied by the depots of both of them. the railroad? Mr. FAIRBANKS. I will read for the information of·theSen­ Mr. PENROSE. I am willing to 1have the·paragra.Ph reiating ate the following report, made to the Honse of Representatives by to the New York Central proposition .go over 1l1Itil the .return of the coiil.lilission of which I spoke a few minutes ago: the Senator from New York [Mr. DEPEW]. ·He can 1U'Obably ex.. The SPEAKER OF THE HOUSE OF REPRESENTATIVES: plain the matter more fully than anyone else. The commission created by Congress and ''authorized and directed to ac­ Mr. PATTERSON. 1 thlnlr that b.oth prqpositions ·had better quire by purcbase, condemnation, or otherwise a. suitable site in the city of ~Oft~ " New York borough of Manhattan, State ofNew York, upon which to erect Mr. PENROSE. There is no partiou1ar -reason for having the a fireproof building for the use of the United States post-office in said city of New York," beg leave to report to Congress as follows: PennsylvaniaRailroad propo~ition go over;unless the Senator from Very few sites have been offe1·ed at a definite price; many have been sug­ Color- do is in pursuit of further information. ffested to which title could be seoured only through condemnation proceed­ ·Mr. PATTERSON. I think perhaps would be well enouooh mgs. The commission visited the city of New York ::mdinspected the several it 0 sites proyosed. It is deemed proper to state the reasons governing the com­ to let it go over-until to-morrow. mission m reaching a determmation. Mr. F.A1RBANKS. If the Senator'tWill allow ,me I will con- Thc.Jocation of the city of New York upon the island of Manhattan creates clude the-reaCting of the ·report of t'he commission. ' a city long and narrow, congestin~ the business within narrow limitations and presentin(l a very unique prob... em in expediting and properly transact­ .:Mr. PATTERSON. Ve.ry welL ing the postal business of the city. In determining a location for the new Mr. F AIRB.ANKS. The commission proceeds: post-office building the expedition of the-mru1s is of greater importnnce than ~ this plan ~nld ba ad!Jpted a~ -the -post-office building located npon the loca.tion of the buililiri(l in a sightly or conspicuous pla-ce. - this sito, the mail C3l'S. carne~ by 'this comp-a.ny (which, it is estimated, con­ On an a.ver&ie m01·e than half an hour is lost in transporting the mails to vey~ and from th~ City o~ New -york over -!0 per cent of the mail received or from the railroad stations to the post-office. To save this half honr or aD;d ~tched~ will pa 1mmedis~ly under the -post-office, the1•eby -per­ more would be of incalculable benefit to the business interests of the-city, Illl~g the mails to be nnloa.ded directly from the mail cars to elevators and the location of a building or buildings overthe tracks of each of the two r~g to the floors of. the post-office buil~g and doing away with the great railroad systems, the Pennsylvania and the New York Central, would nece!':Sity for wn.gon set'Vl.ce. abolish the necessity of trailSl>orting tbe mails in wagons from -the -railroad The commission believe that a J>Ost-office building should be erected hy stations to the post-office and from the post-office to the railroad stations. the Government on a site to be secn:red over the tracks Cif the New York Raving this idea in mind negotiations have been entered into with -the Central Railroad,. at or adjacent .tl? t.he ne_w station to be erected by that respective managements of the railroad companies mentioned, and we are company'· and an informalJ>ropostti:on looking to suoh an improvement bas able to report material progress. been recro.ved. The Pell1l3Ylva.nfu Railroad Company has offered to sell to the Govern­ We recommend that Congr"6SS ext"6nd the -powers of thi& commission i:lO as zn.ent a site extending on Ejghth avenue from Thirty-first to Thir~-third to enable tJ:em to -purcbase the site offel'ed by the Pennsylvania Railroad, .streets, with a frontage of tOO feet on Eighth avenue and with a. de of 6!0 also to obtxin the Tight to erect a -post-office building over the 'tracks of the teet on Thirty-first and Thirty-third streets, and on the west line o which a New York Central 'Railroad system, at or adjacent to theh· new station street coulQ, be made, thm complying with the provision of the law that the ther~by sec~g 1he ~eaitious handling of the mails tributary to that site selected shall have a street on each of its four sides. local~ty-a~d mailinecelVed .or forwarded over the lines of that company. The actna.l floor space of a building on this site will be 145,000 square feet It 1S estunated that at this time the mails transported over the lines ente:P­ 'to ea<:h story: :!'.he .railroad .company ~s acquired title to nearzy all of the ing the .New Y ark .Central Company's station amount to 50 ·per cent of the land m question, and wnen ti:tle 1s acqmred to the sma.ll remaining portion aggregate for 'the city of New York, the Pennsylvania Company as "8buve the aggregate cost to them, it is stated, will be about $4 !00,000. stated, carrying over 40 per cent, which-proportion, it•is expected Wm ba in· The p1·ice named by the company to the Government is $2 000,000, subject creased when their new terminals are completed. ' to the use of the company for tunnel ortracka_ge purposes underneath, whioh W~Tecommend, ±herefo~e •. the.approp!iation of $2,000,000 for the purchase track location is the factor taken into consideration by the commission in of a site for a post-office building m the CIty of New York on the west side ot selecting this &te. Owing to recent appreciation of property values incident Eigh~h ave~n~e, an~ runnins f_rom Thirty-~st to Thirty-third streets, and to the location of the P'(lnnsylvania Railroad terminhls, 3.Il eqnally'large and that m addition this commiSSion be auth.onzed to -purchase or othel'wi...QS eligible site adjacent to the one offered would now cost probably $6 000,000. acqnire a site in connection with the new tel·minal of theNew York Central In other words, the commission report that what they can get Ra.ilr~ad Compan'Y . ~g t~ the Widened street on all sides.and the large court in the center .. for '),000,000 would now cost some 6,000,000, in Toundnumbers. the light will be unusually good, and its very large groUnd areawill render it Mr. PATTERSON. Let me ask the Senator whether we share unnece~cyto extend the building very high. .A sni.table building, worthy this land jointly with the .railroad company? of the mty, can be erected for about~.ooo.ooo. In view of the fact .however that the proposition to sell J?clnd~s the.excavation by the grantor', it will rn; Mr. FAIRBANKS. The Government ·has 'the exclusive use unnecessary and perhaps madVIS&ble to make the appropriation for the above the surface. building at this session. 4048 CONGRESSIONAL RECORD-SENATE. MAROH 31,

If the plan I_lroposed by your commission shall be carried out, which in Mr. PATTERSON. At what page? eludes connecting the three principal post-offices in the city by pneumatic tubes, as Station H is now connected with the main :t'-<.?st-office, the problem of Mr. FAIRBANKS. Page 2904. handling the mail in this most important city will have been solved for Mr. PATTERSON. Of what date? many years to come. Mr. FAIRBANKS. The 26th of February, 1903. This report The commission attaches hereto conies of the proposition to sell, and a let­ ter from the president of the Pennsylvania Railroad Company explanatory of the commission is the foundation for the proposed appropriation. of the same. The subject has been very carefully and fully considered for L.M.SHAW. the last year or two. The arrangement recommended by the H. C. PAYNE. P.C.KNOX. commission·should be carried out, as it is an advantageous one W .ASHL.~GTON, D. C., Feb1·ua1"!J ~4, 1909. for the Government. · With the consent of the Senate, I will insert the following with- Mr. FRYE (Mr. KE.AN in the chair). Will the Senator from out reading: - Pennsylvania yield to me? THE PE..lW'SYLV.A..NIA RAILROAD COMPANY, Mr. PENROSE. I yield to the Senator from :Maine. 0FFIOE OF THE PRESIDENT, Philadelphia, Februat-y 16, 1Bo:J. MOI'."'UMENT TO DOROTHEA. LYNDE DIX. DEAR Srn: The Pennsylvania Railroad Company hereby offers to sell to Mr. FRYE. The Presiding Officer is rather at a disadvantage the Unit-ed States Government, for a general post-office in the city of New about having bills passed, and he wishes now to ask unanimous York, the plot of ground situated between Eighth and Ninth avenues and between Thirty-first and Thirty-third streets, as shown in hatched lines with consent for the consideration of Senat-e joint resolution No. 12. red borders upon the inclosed plan. containing HS,OOO square feet, and the The PRESIDING OFFICER (Mr. KE.AN in the chair). The ground for a driveway at the west t>nd of the said plot 30 feet wide and ex­ Senator from Maine a-sks unanimous consent that the Senate pro­ tending from Thirty-first to Thirty-third street, containing 13,600 square feat, ceed to the consideration of a joint resolution, which will be read. for the sum of ~.000,000. · The conveyance of the land to be in fee, subject, however, to the following The Secretary read the joint resolution (S. R. 12) for the erec­ conditions and reservations: tion of a monument to the memory of Dorothea Lynde Dix, and First. The Pennsylvania Railroad Company to have the right to occupy for station purposes all the space under a plane 20 feet below the curb line of by unanimous consent the Senate, as in Committee of the Whole, the adjoining streets, subject, however, to the right of the Government to proceeded to its consideration. erect the supports required for ita building, which shall be so placed as to The preamble recites that Dorothea Lynde Dix stands in history permit the company to occupy the ground below with tracks and platforms. The company to further agree that it will excavate a.titscost the entire space as amost eminentphilanthropist,havingrevolutionized themeth­ down to the track level, and that it will build the necessary retaiillng walls ods for the treatment of the insane; having been instrumental in to support the adjacent lands, and will thus leave the ground-which at this building more than a score of hospitals and establishing other level is rock-ready for the erection of the supports of the Government philanthropic institutions; that as chief of the women nurses she buildin . Seco~d. The Pennsylvania Railroad Company to further agree to reserve gave her services fully to her country during and after the civil all the areas colored in yellow on the plan and containing 132,500 square feet war; that The National Dorothea Dix Memorial Association has for the purpose of affording light and air to the Government building, and been formed for the purpose of perpetuating her memory by suit­ to keep such areas free from anv structures except roofs of steel and glass to protect the platforms and tracks, which shall be so constructed and of ably marking and preserving her birthplace at Hampden, :Me.; such height as not to interfere with the Government's full enjoyment of said and that the Society of the Army of the Potomac, recognizing the open space for light and air; the Government further to have the right to great worth of her services, has joined with the memorial a so­ bridge the outer areas wherever necessary to give access from the street to its buildin~s, and to bridge the inner area to give means of communication ciation in asking Congress to aid in perpetuating her memory. between dllferent parts of the building if it so desires. The joint resolution proposes to appropriate $10,000 for the Third. The Government to agree that if it should ever cease to use the purpose of preparin·g and improving a site and erecting and com­ building and should desire to sell the land. the Pennsylvania Railroad Com­ pany shall have the right to purchase it at its market value at that time. pleting the erection of a monument to the memory of Dorothea Yours, truly, Lynde Dixon the property now owned by the National Dorothea A. J. CASSATT, President. Dix Memorial Association at Hampden. The plan for the im­ llon. HENRY C. P .A YNE, Postmaster-General, Washington, D. a. provement of the site and the design for the monument shall be selected and approved by a commission, to consist of the Secre­ THE PE!mSYLVANIA RAILROAD COMPANY, tary of War, the president of the National Dorothea Dix MemO: OFFICE OF THE PRESIDENT, rial Association, and the chairman of the committee of the Society Philadelphia, Fearuary 16, 1909. of the Army of the Potpmac on the Dorothea Dix memorial. The DEAR Sm: In endeavoring to arrive at a fair valuation of the ground offered to the Government in the formal proposal made to-day we have been appropriation shall be disbursed under the direction of the Sec­ governed by the following considerations: · t·etary of War, but no part thereof shall be expended until a good The land comprised within the two blocks between Thirty-first street and and clear title to the site and access thereto shall be vested in the Thirty-second street and between Thirty-second street and 'l'hirty-third stref'lt and between Eighth avenue and a line parallel with and 100 feet east United States. of the east line of Ninth avenue contains 256\

Mr. PENROSE. Mr. President, I hold in my hand two letters Mr. HOAR. Mr. President, the present law is that every post­ from the Postmaster-General, addressed to the chairman of the master shall dwell within the delivery district of his post:oSice. Committee on Post-Offices and Post-Roads of the other House, In all the manufacturing parts of the country there are various concerning the railroad propositions. I ask that they may be in­ post-offices intended only for certain manufacturing villages, and serted in the RECORD. very often the postmaster may live over the dividing line beyond The PRESIDENT pro tempore. Is there objection? The Chair the limits of the village. This changes that, and makes it neces­ hears none, and that order is made. sary for him to live or to have his principal place of business in The letters referred to are as follows: the same village where the post-office is located. Our friends on FEBRUARY 11, 190i. the other side, who are so opposed to carpet-baggers, I believe will Ron. JE SE OVERSTREET, favor such an amendment. I think it has the approval of the Chairman Committee on the Post-Office and Post-Roads, committee, ·and it has heretofore passed the Senate. House of Representatives. Mr. PENROSE. As we have not yet reached that section of SIR: Referring to page 12 of my annual report, I desire to call your atte~­ tion to the absolute necessity for some action to relieve the congested condi­ the bill, Mr. President, while I have no objection to the amend­ tion of the postal facilities in the city of New York, as at present the building ment, it had better be printed and go over with the others. is entirely madequate to the business which must be performed in it. Mr. HOAR.- Very well. · After a very careful consideration of the subject the Department has con­ cluded that the best and most feasible way to give relief to the postal business Mr. PENROSE. Before I renew my motion for an executive in that city is through the securing of additional accommodations in connec­ session, I desire to ask th\t an order be made for printing another tion with the propoSed terminal facilities of the great railroad corporations edition of this bill, with such amendments as may have been made which are about to enter that city, namely, the New York Central and the Pennsylvania system. to-day. I do this because the present edition has several pnnters' With the Pennsylvania system it would be necessary to purchase the prop­ errors. erty, but in the case of the New York Central svstem we have received what The PRESIDENT pro tempore. The Senator from Pennsyl­ I esteem to be a very liberal proposition for the rental of a building to be erected over the terminal tracks of that company. The proposition is that vania asks that a reprint of the bill with the amendments already the railroad company will erect a suitable building for the purposes of the adopted may be made. The Senator from Pennsylvania has Department, and rent it to the Government on a basis of 2§- per cent of the pointed out quite a number of errors in the printing. . cost of the building and the value of the land upon which the building is to be erected: Provided, howeve1·, That the rental shall not exceed $!)0 000 per Mr. PENROSE. I would, of course, ask to have the bill sub­ annum. The expemes of thEI Forty-SE:Cond street station, and the cartage of mitted to the clerk -of the Committee on Post-Offices and Post­ the mails to the railway station of the New York Central Company at pres­ Roads, who will indicate what corrections are needed. ent costs the Department in the neighborhood of $70,000 per annum, and the facilities are very inadequate and cumbersome. Mr. LODGE. There are some very serious printers' errors in · With the new building proposed we would be able to do away entirely the present print of the bill. with the cartage of the mails, as they would be elevated to the building and Mr. PENROSE. The quickest way to get at it will be to have -lowered from the same alongside the postal cars by elevators. This would insure a saving of an average of at least thirty minutes in the dispatch of a reprint of the bill. -the mails, which, as you know, would mean very much to the business inter­ The PRESIDENT pro tempore. That order will be made, in ests of New York and the country. the absence of objection. There is the greatest necessity for immediate action, as at best it will be from three to four years before the new terminal facilities of the company EXECUTIVE SESSION. -are ready and this building available for the purposes indicated, and in the meantime the congestion of the postal business will continue to increase. Mr. PENROSE. I renew my motion that the Senate proceed I believe it to be greatly to the interest of the Government t0 secure such to the consideration of executive business. · a lease which will result, almost in the nature of things, in a permanent oc­ The motion was agreed to; and the Senate proceeded to the con­ cupancy of these quarters. We all know that as the year3 go by the value of property adjacent to a. great railroad station like the one here proposed sideration of executive business. After ten minutes spent in ex­ will increase, and I have no doubt that a. lease made now will double in value ecutive session the doors were reopened, and (at 5 o'clock and 17 in twenty-five years. Therefore I esteem it to be greatly to the advantage minutes p.m.) the Senate adjourned until to-morrow, Friday, of the Government to secure as long a lease as possible. Respectfully, yours, April1, 1904, at 12 o'clock meridian: H. C. P .A YNE, Postmaster-General. NOMINATIONS. FEBRU.ARY 25, 1904. Exe~tive nominations received by the Senate March 31, 190-9. MY DEAR MR. OVERSTREET: I am very much pleased that the committee has seen .fit to insert a provision in the post-office bill which will perlnit the PROMOTIONS IN THE ARMY-INFANTRY .ARM. Department to lease a building in New York to be located over the tracks of To be colonel. the New York Central Railroad Company, adjacent to their new station, for a longer period than ten years. Lieut. Col. Thomas C. Woodbury,·Thirteenth Infantry, March The necessity for additional and adequate postal facilities in the city of 29, 1904:, vice Cornish, unassigned, retired from active service. New York is imperative. The present Governnient building is entirely in­ adequate for the purpose. Great complaint is con tantly heard from the To be lieutenant-colonels. business men of New York and from the employees of the post-office on this account. Maj. Alfred C. Sharpe, United_Stab~s Infantry, assistant adju­ The location of the building proposed to be rented on the station grounds tant-general, March 29, 1904, vice Woodbury, Thirteenth Infan- of the New York Central Company and over their tracks will greatlyrelieve try, promoted. _ the congestion and at the same time will expedite the mails very materially and do away with the necessity for wagon service to and from the post-office Maj. George H. Roach, Twenty-eighth Infantry, March 29,1904 proposed and the railway trains, as it is expected to be able to load and un­ vice Reynolds, Twentieth Infantry, detailed as inspector-general: load the mails direct from the trains to the proposed building by means of an Maj. William H. C. Bowen, Twelfth Infantry, March 29, 1904, elevator and to deliver the mails from the postal station d1rectly to the postal cars by the same method. This saving for the expanse of wagon serv­ vice Brush, Eleventh Infantry, detailed as inspector-general. Ice will amount to nearly as much as the increase in the rent over that now To be rnajors. paid for the very inadequate building now used. I am sure that when Congress understands the situation there will not be Capt. Thomas W. Griffith, Twenty-seventh Infantry, March 29 objection to the action of tM committee. 1904, vice Roach, Twenty-eighth Infantry, promoted. ' Very truly, yours, H. C. P .A Th""E, Postmaster-General. Capt. George W. Mciver, Seventh Infantry, March 29,1904, vice Hon. JEBS1J OVERSTREET, Bowen, Twelfth Infantry, promoted. Chainnan Committee on the Post-Office and Post-Roads, House of Representatives. To be captains. First Li~:nt. Mark Wheeler, Twenty-seventh Infantry, January Mr. PENROSE. I move that the Senate proceed to the con­ 20, 1904, VIce Kernan, Second Infantry, promoted. sideration of executive business. First Lieut. George D. Arrowsmith, Twenty-sixth Infantry Mr. HOAR. Will the Senator withhold that motion for a mo­ January 24, 190-i, vice Kennedy, Eighth Infantry, promoted. ' ment? First ~ieut. G. Soulard Turner, Tenth Infantry, February 26, Mr. PENROSE. I will withhold the motion temporarily. 1904, vice Normoyle, Fifth Infantry, detailed as quartermaster. Mr. HOAR. Mr. President, I offer an amendment to the bill First Lieut. Ivers W. Leonard, Twenty-second Infantry. March to come in on page 33, section 5, after line 20. 29. 1904, vice Griffith, Twenty-seventh Infantry, promoted. The PRESIDENT pro tempore. The amendment submitted by First Lieut. Philip E. M. Walker, Third Infantry March 29 the Senator from Massachusetts will be read. 1904, vice Mciver, Seventh Infantry, promoted. ' ' Mr. HOAR. I ask to have the amendment adopted at this time. Mr. PENROSE. I am willing to accept the amendment. - To be first lieutenants. Mr. GORMAN. Let the amendment be read. Second Lieut. Ned M. Green, Twenty-fifth Infantry January The PRESIDENT pro tempore. The amendment will be stated. 20, 1904, vice Wheeler, Twenty-seventh Infantry, prom~ted. The SECRETARY. At the end of section 5, on page 33,-it is pro- Second Lieut. William C. Stone, Third Infantry January 24 posed to insert: 1904, vice Arrowsmith. Twenty-sixth Infantry, pro~oted. ' - Second Lieut. J. Alfred Moss, Twenty-third Infantry January SEC. 6. That every postmaster shall reside, or have a principal place of business, within the delivery of the office to which he is appointed. 28, 1904, vice Robichon; Thirteenth Infantry, dismissed. SEc. 7. That section 3831 of the Revised Statutes of the United States is Second Lie~t. Charles F. Leonard, Twentieth Infantry, Janu- hereby repealed. ary 28, 1904, VIce Knudson, Seventh Infantry, dismissed, - XXXVTII-254 11050 ·coNG'RESSIONA£ rRECORD___jROUSE. MARon·31,

Second Lieut. Franklin P . .Jackson, Twenty-ninth 1Infantry, ·Mr. . BABCOCK. Will the gentleman suspend a moment until February 15, 1904;vice Jarrett,' Second. Infantry,. deceased. .I present a conferencS

made to conform with the act of Congress approved March 3, pose of directing or controlling the State, but for the purpose of 1883, and in this connection I will ask the Clerk to read section declaring our own policy with regard to the appropriation. 4 of that act. Mr. LIVINGSTON. Mr. Chairman, does the gentleman not The Clerk read as follows: know that if he puts this restriction on that appropriation it is a SEC. 4. That any inmate of the Home who is receiving a pension from the force on the part of the Congress against the State? Does the Government and who h~s a child, wife, or parent living shall be entitled, by gentleman not know that the States are forced to accept it? filing with the pension agent fro:J?l whol!l he reeeives his ~oneY: a written Mr. LIND. They are not forced. They can exercise their pleas­ direction to that effect, to have his penswn, or any part of 1t, pa1d to such child, wife, or pa.rent. ure--take the money or not; but if they do take it, they must con­ The pensions of all who now are or shall hereafter become inmates of the form to the well-devised laws of the Government of the United Home, except such as shall be assigned as aforesaid, shall be paid to the treas­ States governing National Soldiers' Homes. urer of the Home. The money thus derived shall not become a part of the funds of the Home, but shall be held by the treasurer in trust for the pen­ Mr. GAINES of Tennessee. Mr. Chairman, will the gentleman sioner to whom it would otherwise have been paid, and such part of 1t as yield? shall not sooner have been paid to him shall be paid to him on his discharge Mr. BELL of California. Yes. from the institution. The board of commissioners may from time to time pay over to any in­ Mr. GAINES of Tennessee. Mr. Chairman, it is very clear to mate such part of his pension money as they think best for his mterest anq con­ me that as tlie Government issues the pension, as the Government sistent with the discipline and goon order of the Home, but such pensiOner pays the money on the pension, the Government has a right to I shall not be entitled to demand or have the same so long as he remains an I inmate of the Home. say it shall not be used as collateral for anything under any In case of the death of any pensioner, any pensio~ mon!'ly due hil!l aD;d re­ circumstances. maining in the ha.nds of the treasurer shall be paJ.d to his legal herrs, if de­ Mr. BELL of California. Mr. Chairman, I simply yielded for mand is made within three years; otherwise the same shall eseheat to the a question to the gentleman from Tennessee. I did not mean to Home. yield the floor. Mr. BELL of California. · Now, Mr. Chairman, this was an act Mr. GAINES of Tennessee. I have the floor, I understand. of Congress passed in 1883 in relation to the Soldiers' Home situ­ Mr. BELL of California. Yes. ated at Washington, in the District of Columbia, and it seems to 1\fr. GAINES of Tennessee. Well, I will now yield it to the me the provisions of this act must commend t-hemselves to the gentleman from California. [Laughter.] favorable consideration of this committee. They are certainly Mr. BELL of California. Mr. Chairman, there may be one ar­ reasonable and just. As it now is, every State in the Union that gume~t that may be brought fonyard here against this system that at present maintains a Soldiers' Home is entitled to make any I propose, but I think that the facts and circumstances, when law, rule. or regulation it desires in connection with the pensions properly stated, will entirely overcome that argument. It may of the old soldier. be argued that if you do not maintain a canteen at the Home, the Now, I have no knowledge as to the system in vogue in other old soldiers will procure their drink on the outside, and that that States, but I personally have knowledge of the system in vogue practice will be very detrimental to the discipline of the Home. and in force in the State of California, in my native county, and If this amendment be adopted, it places it in the power of the di­ during eight years when I was prosecuting attorney of the county rectors of the different veterans' Homes to receive and require the of Napa, of that State, I had ample opportunity to learn there­ surrender of these pensions, and these pensions are held in trust. sults of that system, and, furthermore, the result of that system I believe that that is the greatest act that Congress could perform­ when taken in connection with the barroom, and the saloon, and to adopt some means by which the pensions of these old men may be the groggery, and the ginmill which the State of California main­ held in trust and come back to them as proper occasions may arise. tains at our veterans' Home. Mr. LIV~GSTON. Does the gentleman mean after they are The two questions of pensions and the canteen are inseparably dead? connected, and for this reason I embrace them in the one amend­ Mr. BELL of California. The law of 1883 provides that-these ment. Now, let me state to you a few facts in connection with the pensions shall be surrendered to the board of directors. They veterans' Home in the State of California: Under rules adopted by shall not become_a part of the funds of the Home, but shall be the board of directors of that Home, every man when he presents held in trust for the old soldiers; and if the old soldier have a himself for admission thereto must ~ sign a written contract that wife or a child or a dependent relative on the outside who needs he will turn over to the authorities of that Home the entire pen­ that pension, he may make an order that that pension be turned sion that he receives from the United States Government. He over to that dependent relative, and the board of directors must has to comply with that regulation or be expelled from the Home, comply with that wish. Now, if he have no dependent relative and when he has surrendered up this money it is placed to his on the outside, the money is held in trust, and the board of direc­ credit upon the books of the Home. tors is empowered from time to time to allow him to withili:a w Now after he has been credited with it on the books of that such sums as may not be detrimental to the good discipline of the Home 'he is permitted to go in from time to time and purchase Home. Then, if he be discharged from the Home or if he leaves from the great State of California beer checks·at 5 cents apiece, the Home, the accumulated amount of his pension is paid o\er to two of which will be good for a glass of whisky, and, through the him. If he should die, then thBJt amount will be given to his adjutant's office in that Home, they have degraded the State of legal representatives. I believe that we have a right to ha\e California to the position of conducting a saloon or a grogshop. something to say in regard to the pensions of the old soldiers. Now what is the result? By this rule they compel the soldier We say they shall not be pledged; we say they shall not be as­ to surr~nder his pension, place it on the books to his credit, and signed or mortgaged or hypothecated. give it back to him in the canteen checks. Occasionally there is Mr. HEMENWAY rose. an emergency by which they will give him a dollar or a dollar The CHAIRMAN. For what purpose does the gentleman rise? and a half when he is in need of it for other purposes. The re­ Mr. HEMENWAY. I rise to suggest that while I reserved the sult is there is a complete monopoly of nearly every dollar that point of order I did not do it for the purpose of allowing a speech goes into that Home in the form of pensions for beer, rum, and of such great length as is being made by the gentleman "from whisky and instead of being the instrull}.ent and the means of California [Mr. BELL]. temper~ce, as has sometimes been urged in favor of canteens, Mr. BELL of California. I will state to the gentleman from there is an inducement, an encouragement, for the old soldiers to Indiana that I have about concluded. march up to the desk of the adjutant and receive their pensions The CHAIRMAN. The Chair will state that if the remarks of back in the form of beer checks. the gentleman from California [Mr. BELL] are limited to the Why seek to give the United States control of these State Homes? point of order his time is not limited to five minutes, but if he is Why can the gentleman not go into California and through the talking on the amendment five minutes is the limit of his time. legislature of that State correct these abuses? Why does he want Mr. HEMENWAY. Mr. Chairman, I desire now to speak about us to become a paternal government of the State and absolutely three minutes on the point of order. Of course, according to the take control of a State institution? act of 1888 we may appropriate $100 a year for every inmate in Mr. LIND. Mr. Chairman, will the gentleman from California these State Homes. permit me to answer that question? . But when we come to make this appropriation, as the Chair The CHAIRMAN. Does the gentleman from California yield well said yesterday afternoon, we may attach to the appropria­ to the gentleman from Minnesota? tion any reasonable limitation. And if there is any limitation at Mr. BELL of California. Yes. all that would be germane and appropriate to this appropriation, Mr. LIND. Mr. Chairman, with the permission of my friend it seems to me the one I have offered would certainly be applica­ from California, I will answer the gentleman. The General Gov­ ble as a limitation. ernment appropriates nearly a million dollars for the support of The CHAIRMAN. The Chair would like to hear the gentle­ these Homes-$100 per capita for inmates annually. In view of man from California briefly on this point. In this amendment that fact, being the largest contributor, contributing more than occurs this language: the State, there is no reason, no public policy, why we should not No pg.rt of this appropriation shall be apportioned to any State or Terri­ say upon what conditions that money should be drawn by the torial Home until its laws, rules, or regulations respecting the pensions of its inmates be made to conform to the provisions of section 4 of an act approved States. And it is good policy. It is good policy to impose condi­ March 3, 1~ entitled "An act prescribing regulations for the Soldiers• Hnme tions that are general throughout the country-not for the pur- located at washington, in the District of Columbia, and for other purpos~s." <:JOWGRESSION.AL. RECORD-· HOUBE~ · ~iARC:W31,

To what provision of that act of 1883 does-this portion_ of'tlie changes ·existfugJaw, and yon can not say that this is a limitation amendment apply? upon an appropri:atiun ·wlien- it prevents ths use of that appTopri­ Mr. BELL of California. Section 4-'of that·act which contains ation. If this amendment goes upon this bill, why, there is no full provision in regard to the disposition of peDBions. one who will contend for a minute-- Mr. LIND. I · suggest that· if section 4 is not mentioned spe­ The CHAIRMAN. The gentleman: from Indiana concedes that cifically in the amendment· it might: be inserted. It was my im­ the entire appropriation might be withheld . . pression that it was mentioned. Mr. HEMENWAY. Why, the entire appropl'iation can.. be The CHAIRMAN. If the gentleman from fudiana [.Mr. H"EM­ withheld Mr. Chairman; but then Congress says, by-withhold­ ENW.A.Y] desiTes to be heard, the Chair would be glad to listen to ing· the ai>Propriation, " We do not desire to appropriate this him. money for this purpose." But the fact that· this appropriation Mr. HEMENWAY. Mr·. Chairman, f always contended, and carr be withheld. altogether ·does' not wa1Tant us in saying that it I contend now, that a limitation upon an appropriation that goes can: be made under a different statute and the statute changed so far as to make it impossible to expend the money under -exist­ under the guise of-a limitation. ing law is a change of existing law. It can not be anything-else. I put thiB q!Jestion to the Chair and.. to the gentleman from Cali­ In other words, if the limitation put upon this appropriation fornia: If this amendment· goes on, can. this money be expended makes-it impossible to expend this money under existing la_w, it under the-provision of current law? And everyone. must·answer can not·be an open question that the existing law is changed, and that it can not: that this money could not be expended under tbe for that reason the. proposition is subject to a point of order~ provi ions:of currentlaw. Then if you put-such a limitation upon Now, let us soo what·the amendment proposes: · a hTI as prevents the expenditure of the money under ourre1:t Amend by striking out all after the word "'Provided," in.line 12, page 12i, law, under existing law. do you not change existing law? down to and including the word "for," in line 14- The CHAIRMAN. Will not the gentleman from Indiana con­ That is, striking out the proviso now in the bill. What·next? cede that· the payments which would be made in pursuance of and insertmg: "That no part of this appropriation sh:l.U be apportion-ed to current--law-may be entirely- withheld by limitation? Suppose any State or-Territorial Home until its laws, rules, or r egulations respectir:g there is a lawprovidingran app-rop-riation:; can not· the appro_pria­ the pen ions of its inmates be made to conform-to the provisions of section 4 of an act approved March 3,.1883 entitled 'An act prescribing regniations for· tion ba entirely withheld. by way of'limitation?· the Soldiers' Home located at Washington, in the- District·of Columbia, and Mr. HEMEN·Vv·AY. Why, :M:r~ Chairman, we can. refuse to ap­ fbr other purposes.' '' propriate, certainly;- but we can not- refuse to appropriate under No part of this· money is to be assigned to any one of these Etate our rule by-changing existing law and making- it impossible to Homes until-what? Until they-change their rules or regulations use the mone-y: Sueh a course of procedure is a .change of exist­ so as· to comply with the act of Congress which applies to another ing law. We can refuse to appropriate, we can say we will not Home here at Washington. In. other- words, this appropriation appropriate underexistin~law, but·undet the guise of a limita~ would not be available under· existing law until new regulations tion we cannot: put legislation onto a bill that will prevent the required by another statute that does not now exist, in law are payment of' the money under e.ri ting· law. For instance, under adopted. In other words, this money would stay irr the Treasury existing law these Homes are entitled to $100 per year for each in­ under existing law unless the institution complies with the new IIlllt . Now, on an appropriation bill we make it-impo sible for law that these gentlemen seek to enact by this amendment. them to secure this $100 unless they comply with new law that we Now, what further? The framers of this amendment do not' put' on- here, and then they· come back and sue the Government stop there: they go orrand.legislate. for·the $100 per :rear. What would be our defense? Why, we :Mr. LIVINGSTON. May I suggest-to the gentleman that·they would have to say that we changed the law; that·the law author:. undertake in this amendment to legislate the· law into a State izing the payment-or 3' hundred dollars a. year for-keeping these statute? inmates was: changed. Cha11ged where? Why, changed on an aiJ­ Mr. HEMENWA..Y. I understand. Now, let us go further~ propriation bill, when. ourTule pro-tides that no provision chang­ But-the above provision shall not apply·to any State or·Territol'ial Home ing existing lawshall be placed upon an appropriation-bill. into which the wives-or widows-of soldiers are admitted and maintained. Let-me call the attention of· the Chair again to the legislation Here it changes existing law radically, saying there shall be a in this amendment. They say: difference in these Homes; that existing law shall not apply to But tha above provisiOIL shall not apply to any State or Territorial Home one class of Homes, but shall apply to another;- It does not only into whlch the wiTes ov·wtdows of soldier.:; are admitted or maintained. say that existing law must be amended' and put into this law, but Now, wilf the Chair, or will anyone, insist that that does not it legislates fm·ther-by saying: change existing law? lfnder existing law the $100 goes for the But the. above provision shall nut apply-to any State or Territorial Home care of an inmate in any State Home in the U'nited State and into which the wives or widows of-soldiers are admi~ted and maintained. under this proviso it fixes a different rule as to the Homes­ In effect, it ~says that this money-may go to a certain class of one rule applying to the Home where widows are not. admitted, Homes, but shall be kept back from another class. The existing another~rule applying to the Home where widOws are admitted. law provides that it may go to all Homes at the rate of $100 a There is no such law now. There is no such provision in the cur­ year for each inmate. But' here is a clear change of existing-law. rent law. Then this.amendment changes existing law, and it is Now, Mr. ChaiJ:man, in order to utilize and expenti the appro­ not posffible to put any other construction upon it. pl·iation made by this bill, the existing law would have to be The CHAIRMAN. The Chair would like to call the attention changed in two particulars. First, it must be amended so as to of the gentleman from Indiana. to the fact that in thi.s paragraph compel the State Home to adopt regulations that would comply as it has appeared· in. the sundry civil appTopriation bill for ten with the law·ap_plicable to the Home here at Washington~ Then years or more there has been this proviso: the existing law would have to be changed in another particular Provided That one-half of any sum or sums retained by State Homes on to COVJply with thiB last proviso. account of pansions.received..from inmates shall be deducted from the aid M1·. BELL of California rose. heraiu pr ovided for; The CHAIRMAN. Does the gentleman from Indiana. yield-to On that ~revision a point of order was raised last nio-ht by the ths gentleman from California? gentleman from Indiana [¥.r. CRIDIP.a.OKER], but that point of Mr. HEMENWAY. Yes. order was overruled. That makes a deduction from the amount Mr. BELL of California. I should like to ask the gentleman to be paid to the Soldiers' Homes, and specifies by limitation that from Indiana if he knows any State in the Union that legislates only a part of the $100 shall be paid in certain ca es. directly upon the question of pensions; if it is not left enth·ely to Mr. HEMENWAY. That is simply upon this provision that the boards of directors of the different Homes to ado11t their own the Government pays the pension to the soldier. Then if they regulations? take a part of thi money that the Government has altqqdy paid Mr. HEMENWAY. I am not familiar·with the legislation of to the soldier, and apply it, it reduces the $100 to that e.itent. the different States orr this question. Mr. Chairman_, here is. the existing. law: and. I want to a k the Mr. BELL of California. It is not a question· of changing the Chair to apply this test. Here is the. existing law: law of any State. That all States or Territories which have established, or which shall here­ Mr. HEMENWAY. But right· there, Mr. Chairman-I am after e tab1ish, State Homes for disg.bled oldiers and sailor of the United glad the gentleman calls my attention to it-these different Homes States who served in the war of the rebellion, or in any-previous war, wh are disabled by age, disease, or otherwise, andbrreasonof such disability n.re are regulated and contTolled under acts passed by the legislatures in.ca:pa..ble of earning a. living, provided such diSa.'bility was not iucm"Ted in of the separate States. The cun·ent law, the existing law, now serVIce against the United.States, shall be paid for everysuchdi&'\bledsoldiar permits the $100 to be paid for each inmate of that,Home. I do or sailor-who may be admit't.ed and cared for in such Home at tbe rate of not know, and I do not suppose the Chair know , nor does any $100 per annum: Member uporrthis floor know, whetherunder this provision, tak­ Nowthen, Iay down the existing law alongside of the law as it ing into consideration the acts of the different States inaugurating would be changed by this amendment, and then say·to me that these Homes, one dollar of this. money could be: paid to the differ::­ the existingr law has :not been changed. Why, there can be but entHomes. one·sidstbthis proposition. Wlren you add to this law this pTO· Mi-. Chairmalrf it is· certainlysuclLa pr.ovision a!f completelY. posed amemimen:t; you have:. not only changed~ and materially 1904. CONGRESSIONAL -RECORD-HOUSE. 4053 changed, the law, but you .have made impossible to pay on:t this on Military Affairs to which this legislation properly belongs, appropriation unless a new provision ·of law is complied with. If the Committee on Military Affairs wants to pass such a pro­ :Now, Mr. Chairman. as to the proposition that we may withhold vision. It is my duty, ,as chairm-an of this committee. to oppose the appropriation. We can withhold it, but every State Home legislation on appropriation bills. It is my duty as chairman of can sue the Government in the Court of Claims-- · this committee to keep this bill clear of legislation as far as I can. Mr. LIND.. Mr.. Chairman- Mr. GAINES of Tennessee. Mr. Chairman, I would like to MI. HE:ll.ENW A Y. Under this statute. suggest to my friend n·om Indiana, if he will give me his atten­ -The CHAlRMAN. Does the gentleman yield to the gentlem-an tion. that it seems that the gentleman from California is thor­ from Minnesota? oug·hly convinced that this money is practically being misappro­ Mr. HEMENWAY. Not in the middle of a sentence. We can priated. The gentleman from Indiana conscientiously thinks it is withhold this appropriation. but every State Home in the United his duty to make the point of order. But does not the gentleman States can file their claims with the Auditor for the War Depart­ from Indiana think that it is also his -duty to putsucb restrictions ment, and the Auditor under this statute would allow the claims around :the money that is being appropTiated -as to prevent it from and audit the claims against the Government, .and we can only being misappropriated? get away from this existing law and from the liability of the Mr. HEMENWAY. The money is not being misapp:mpriated Government by repealing the law. We can not do it by refusing under -existing law. the appropriation. 1\Ir. GAINES of Tennessee. Doesn't the gentleman think it is :Mr. LIND. Now, will the gentleman yield to me? The Gen­ his duty to prevent money from being mil:l2.:>propriated? eral Government for years has withheld half of this appropriation :Mr. HEMENWAY. I do not know what exists in the State of from the State of Minnesota for the reason that the State of Min­ California, but I know that no such condition -exists as is claimed nesota appropriates a portion of the soldier's pension. Do you in the State of Indial1a, where one of -such Homes is situ-ated. contend now that our State can file a claim against the General 1\Ir. CRUMPACKER. Mr. Chairman, in my opinion this Government for the other $.50 a year? amendment is entirely in order. Mr. HEMENWAY. Not so, because you withhold part of the :Mr. LITTLEFIELD. MT. Chairman, can not we have oTder? money that the Government paid to the soldier for his suppmi;, The CHAIRMAN~ This is a very imp01'tant point of order, and the Government is simply taking the money that is withheld. and the Chair hopes that the committee will give attention to and arplying it as part of the $100, and you keep it in the State the discussion. H nme for the purpose of speculating upon the generosity of the M.r.·C.RUMPACKER. It seems to me, Mr. Chairman, that Government. this is an excellent illustration of a proper limitation upon an ap­ Mr. LIND. Now, another question. This amendment simply propriation undex the application of the principle or the rule suggests that the State shall not withhold part of the money-that which admits limitations. The right of the House to withhold thP GoTernment has given. appTopriations -altogether is of course acknowledged. The right Mr.HEMENWAY. Yes. to limit appropriations-to objects that .are already authorized by Mr. LIND. Does that change Federal or State law? existing law is a principle that everybody admits to be true.­ M.r. HEMENWAY. But the State I have mentioned has un­ N ow, h 'Te is an .appropriation of nine hundred and some odd dertaken to hold a portion of the pension of the soldier. and you thousand dollars, which is being made for the purpose of paying not only secure from the Government $100 a y-ear for the care of a pe1· capita contribution for the maintenance of soldieTs in State the soldier, but :after securing 8100 you then take a pm'tion of the Homes under the act of 1888. I think there can be no don bt. under pension and speculate upon the Government in the care for these the precedents existing in our parliamentary history, that it would soldlers. because. Mr. Chairman, as I understand, it only costs be entirely in order to propose an amendment in the way of limi­ $125 a year to care for -a soldier in one of these Homes. and w.hen tation, providing that no part of the money should be distributed we take from the Government 100 and then take away fi·om the for any Home that maintains the canteen or sells intoxicating soldier a part of his pension~ when it goes beyond $25 of money liquor. That would not change existing law. retained, the State is absolutely speculating on the Government .Mr. HE:MENW A Y. Will the gentleman allow me to ask him in the care of the old soldier, in place of .ai-ding the Government in a question'? their care. For that reason this proviso the Chair properly held Mr. CRUMPACKER. Yes. was in order in this bill. :Mr. HEMENWAY. The law p1·ovides, .as I underst-and, that I want to conclude by asking the Chair to take the existing law, $100 shall be paid to each Home now. read it. then read it with this amendment added, and I know that Mr. ·cRU:MPACKER. Yes. the Chair can not decide that this amendment does not change Mr. HEMENWAY~ If this -provision is -put in, can the $100 be existing law. It puts into it -something that was not there; it paid to any Borne unless certain things are dorre by that Home? puts into it a provision of another statute. lt inserts in .it the 1\ir. CRUMPACKER. liJo t certainly not. whole provision of section 4 of the act in regard to the Soldiers' Mr~ HEMENWAY. Then doesn't it change existing law.? Home at Washington. It goes further. after inserting that pro­ Mr. CRUMPACKER. No: the law remains the same, but vision as a part of this law, and puts into it this provision: Congres withholds the .appropriation if the e conditions remain. Shall not ap_ply to any State or Territori'll Home into which the wiT"es or Mr. RRMENWA Y~ Will the gentleman let me put him an­ widows of soldiers :are admitted and maintained. other question? Will that money be available under the existing And it also -puts in this proviso fm·ther: law without the State -complies with the conditions in the bill? That no part of this appropriation shall be a-pportioned -to any State or Mr. CRUMPACKER. Certainly not. Territorial Home that maintru.ns a bar or canteen where intoxicating liqno.rs Mr. HEME.... ffl AY_ Then it is a change of existing law. are sold. Mr. CRUMPACKER. No; because Congress is not compelled It legislates in one whole statute undex the :fu·st section, and to m~e .the appropria. i?n, and w?-en it does it ~y make the ap­ then puts in two additional provisions not now part of the exist­ propnation upon conditions, and It may make it upon conditions ing law. that it is impossible to perform. The law remains the .same, ancl Mr. LIND rose. the sale of intoxicating liquor may go un, in wlrich case the Home The CHAIRMAN. Does the gentleman n·om Indi-ana yield to does not get the appropriation. the gentleman from Minnesota? Mr. HEMENWAY. Without the approp1'iation in the bill, Mr. HEMENWAY. I do. could not they go to the War Department, &ld wouldn't it be Mr. LIND. The gentleman from California wishes to make a allowed? request. Mr. CRUMPACKER. Most certainly, and I haT"e seen in­ J.Ir. BELL of California. Mr. Chairman, I would like to ask stances where appropriations are made for less than the statutory the gentleman from Indiana if when a State indorses a system by standard, and points of order have been made against it, and the which it gets pretty nearly every dollar of the pension of the old Chair has uniformly held that Congress may make a le s appro­ soldier that State is not then speculating on the pensions of the priation than the law authorizes. It does not c.:'mcel or extinguish old soldiers? the liability, for the officer or institution to whom the liability ex­ Mr. HEMENWAY. I sincerely hope there is no State in this ists may go before the Court of Claims and obtain judgment great Union that would do that. against the Govei'1llllent for the unpaid balance. That is no Mr. BELL of California. I am ashamed to say that my State Teason, Mr. Chairman, against the validity of the amendment or does it, and I am here to stop it. I am proud of my State, but I against the argument that Congress .has the power to put limita­ am ashamed of the board of directors of the veterans' Home. tions on appropriations in this way. !Ir. LITTLEFIELD. Will not the gentleman from Indiana Mr. GARDNER of Michigan rose. withdraw his point of order as to this amendment if he concedes The CHAIRMAN. D es the gentleman from Indiana yield to that that Home is speculating in pensions? the gentleman from Michigan? Mr. HEMENWAY. Mr. Chairman, as chairman of th~ Com­ Mr. CRUllr1PACKER. I yield. mittee on AppTopriations I am charged with the duty of seeing Mr. GARDNER of Michigan. The gentleman says that he that legislation comes in a proper foTm. We have a Committee would not allow any appTopriation from the General Government 4054 CONGRESSIONAL RECORD-HOUSE. MARCH 31, to the State Home which allows a canteen, as I understand him. tion in the paragraph to which this amendment is offered grants Am I right? to States maintaining Soldiers' Homes $100 per capita for each Mr. CRUMPACKER. No; the gentleman is not right. I say inmate. A proviso at the end of the paragraph (which is not of the House has the right, under the ru1es, to impose that kind of importance, except that a ru1ing has been made upon it) has been a limitation upon an appropriation. It may prevent an abuse of can-led for ten years or more in provisions of appropriation bills its appropriation. It has the power, under the ru1es, to impose granting amounts to these State Soldiers' Homes to this effect: that kind of a limitation. That is all I said. That one-half of any sum or sums retained by the State Homes on account Mr. GARDNER of Michigan. If I am not mistaken, in some of pensions received from inmates shall be deducted from the aid herein of our National Homes to-day-not State, but National-saloons provided. are maintained under the guise of a canteen. On that proviso a point of order was raised yesterday by the Mr. LITTLEFIELD. Oh, no; not at all. gentleman from Indiana [Mr. CRUMPACKER]. It was overruled Mr. GARDNER of Michigan. I would like to ask the gentle­ on the ground that this proviso was a limitation. An amendment man from Wisconsin [Mr. OrJEN] if I am wrong about that. to the paragraph is presented to the committee to-day, to sh·ike out Mr. LITTLEFIELD. If they are, they are maintained in vio­ all after the word ''Provided, 'J in line 12, page 127, down to and in­ lation of the law. cluding the word" for," in line 14, and insert the following pro­ Mr. GARDNER of Michigan. If beer is not sold in the Sol­ viso, which wou1d be a substitute for the one considered ye tar­ diers' Home at Milwaukee? day: Mr. CRUl\fPACKER. Mr. Chairman, I think this is a digres­ That no part of this appropriation shall be a_Pportioned to any State or sion. Territorial Home until its laws, rules, or regulatwns respecting the pansions Mr. GARDNER of Michigan. But I am coming to the point. of its inmates be made to conform to the provihlons of ection 4 of an act ap­ Mr. CRUMPACKER. I do not see how that will lead us to the proved March 3,1!!83, entitled "An act prescribing r egulations for the ol­ diers' Home located at Washington., in the Distr.ictof Columbia, and for other point. purposes." But the abo>e proviso shall not apply to any State or Ten·itorial Mr. GARDNER of Mi,chigan. Am I not right? Home into which the wives or widows of soldiers are admitted or maintained. Mr. OTJEN. That is my understanding of it. Mr. CRUMPACKER. Mr. Chairman, I decline to yield fur­ The last clause just read limits the operation of the proviso to ther: because it is a digression. that extent. There is a further limitation (if it may be called Is it not competent, Mr. Chairman, for Congress or for the ·such) in this proviso: House to say that no part of this appropriation shall be paid to And p1·ovided furthel·, That no part of this appropriation shall be appor­ a Soldiers' Home· that withholds any portion of the pension of tioned to any State orTerritorialHome thatm!Li.ntainsa bar01·canteen where its inmates? Is not that a clear limitation? Does it change exist­ intoxicating liquors are sold. ing law? And yet the original law makes no distinction. The There are two conditions-first, that the regulations of the State amendment simply says that Congress will withhold this appro­ or Territorial Home must conform to the provisions of section 4 priation respecting certain.of these State institutions. That is of an act relating to the National Home at Washington; and sec­ all it means. It simply means that Congress will withhold the ond, that no part of the appropriation shall be apportioned to any appropriation from Homes that do not conform to certain re­ State or Territorial Home that maintains a bar or canteen where quirements, and it does not change the law in any respect. The intoxicating liquors are sold. law will be the same after the passage of this proviso as it wou1d The question arises whether these are limitations merely. If be before; but certain Homes can not avail themselves of any so, the amendment is in order; if not, it is out of order. It is portion of the appropriation until they change their method of maintained that this amendment changes existing law. In a sense administration. The courts wou1d construe the act to mean that every limitation changes existing law. If any pecifi.c condition Congress intended to withhold the appropriation until certain is mentioned under which an appropriation is to be withheld, that things are done. is pro tanto a change of existing law, at least to the extent that Mr. GARDNER of Michigan. Will the gentleman permit me the whole or a part of the appropriation can not be expended un­ to interrupt him? · less the condition is complied with. The CHAIRMAN. Does the gentleman yield? The Chair has some hesitancy in ru1ing upon this subject, be­ Mr. CRUMPACKER. Certainly. cause of an opinion that in accordance with some precedents Mr. GARDNER of Michigan. I want this point impressed, observed in Committee of the Whole, affirmative law has been that Congress wou1d forbid in a State Home what it allows in a created under the f

which is now before the committee. An amendment was offered at the canteen. is received by the State of California. which gets in this form: the benefit of it. And I have been told bv a man who tended bar Provided Tba.t no part of this appropriation shall be available for the at that place tha;t he ha~ known as much as $2,000 to pass over agricnl~ college of any State or Temtory until the Secretary of Agric.nl- that canteen bar m one smgle week. tur... shall be satisfied, and shall so certify to the S~ : retary of .the Treasury, Now, I believe -we should place it in the power of the old soldier that no trustee, officer, or employ_ee of sa1d college IS engaged m the practice . to have his money held in trust for him. Let him have a savings of polygamy or polygamous relations, etc. bank at the Veterans' Home. Do not tell him: " You shall not To that amendment a point of order was made, and the gentle- have a dollar of your pension unless you take it out in canteen man f:t:om New York [Mr. PAYNE], occupying the chair, overruled checks.'' the pomt ~f order. . . . . The gentleman from Indiana [Mr. HEYRNWAY] tells me he Now~ this was an amendment to a la;w pro~ding approp:mtions would be ashamed to represent up ;n this floor a State that did for agn?ultural colleges, a well-established line of expenditure by such a thing. I share to some extent the shame that he feels for the Natipn~l Government. ~twas proposed.that no part of that my State, but I believe it is because they do not fully understand appropnation should be available for an agricultural college un- it or at least, they think Congress should legislate upon this less there was an affirmative certificate. made to the Secretary of s~bje'ct. . the Treasury that no trustee, officer Inspector, or employee of The State of California never should be allowed to conduct a said college was eng~ge~ ~ the practice of polygamy. That wru~ groggery and sell liquor in the Home. held to be a proper limitation. The CHAIRMAN. The time of the gentleman has exnired. Clearly. if the Committee of the Whole a~epted that as parlia- Mr. SHERLEY. Mr. Chairman I first want to ask the Chair mentary.law this amendment is in order: and without .relying whether the proposed amendment~ subject to divisio ? It seems upon this as a prec~dent sol~ly, b~t u~on the general pnnCipl~s to me to contain two provisions; if so, I shall desire to ask a sep- and precedents relating to this subJect It would seem to the Charr arate vote on each provision. · that this pending amendment is a proper limitation, and the point The CHAIRMAN. The Chair is inclined to think it is not of order is overruled. divisible. It is a motion to strike out and insert. Mr. BELL ?f California. I desire to be heard upon t~ amend- Mr. SHERLEY. I suggest to the Chair that one provision re- ment, but I yJ.eld the flo~r to th~ gentlen;tan from Indiana [M~. lates entirely to the enactment of the present district law in regard qRuMPACKER] for five mmutes, if he desues to be heard at thiS to the regulations that shall control these Homes, and the other time. . . . undertakes to pass an anticanteen law. It seems to me it should Mr. CRUMPACKER. I Will wa1t. Thegentleman Is ~he pro- be a divisible matter. po er of the amendment. and he may proceed now. I will get a The CHAIRMAN. The Chair will read the seventh paragraph little time later to explain some features of it. of Rule XVI: Mr. BELL of California. Mr. Chairman, at the risk, perhaps, of repeating something I have already said, I desire to use the A motion to strike out and insert is indivisible. five minutes accorded to me to state again the sit.uation existing Mr. SHERLEY. I would like to ask the Chair this, whether in the State of California and which may exist in other States, an amendment to the amendment would lie to strike out that and which I think ought to be corrected by legislation in Congress. part relating to the anticanteen? In the State of California the board of directors of the Veterans' The CHAIRMAN. The gentleman from Kentucky, or anyone, Home have ad-opted a rule by which they require every inmate of may move an amendment to the amendment. that Home. as a condition precedent to his admission thereto, to Mr. SHERLEY. I desire. Mr. Chairman. to move an amend· sign a contract agreeing that while he is a member of the Home ment. by striking out those words at the end of the limitat.on, re­ he will surrender up his pension; and that rule is enforced. lating to the canteen at the Soldiers' Home. When he surrenders up his pension, the amount of that pension The CHAIRMAN. The Chair would suggest to the gentleman is entered to his credit upon the books in the office of the Home, from Kentucky that in order to make his amendment clear he and he is thereafter permitted to draw upon that amount in can­ move to strike out from that portion of the proposed amendment teen checks for the purpose of obtaining intoxicating liquors at relating to State and Territorial Soldiers• Homes the last clause, the barroom or canteen at the b ome. I say that this system of which forbids approp1·iation to any State allowing the mainte­ canteen business, in connection with the rule requiring the sur­ nance of a bar or canteen where intoxicating liquors are sold. render of the pensions-, enables the boaFd of directors to monopo­ Mr. SHERLEY. I offer that as an amendment to the amend· lize nearly every dollar of the old soldier's pension and permits ment of the gentleman from California. the State of California to speculate upon the bounty which the The CHAIRMAN. The gentleman from Kentucky moves to United Stateshasgenerously~ven tothosewhosorichlyde erveit. strike out the portion which he desires to include as an amend­ It is to prevent tlris abuse that this amendment is offered. This ment to the amendment offered by the gentleman from California. system that is now in force is a temptation to the 750 or 850 old The Clerk will read the amendment. soldiers in the Home in California to exhaust their entire pension The Clerk read as follows: money in buying canteen checks. Amend the amendment by striking out the following: I have a letter here from a member of that Home in which he "AndprotJid.edftcrtlu?:r, That no part of this appropriation shall be appor­ states to me that the adjutant of that Home will issue to any in­ tioned to any State or Territorial Home that ma.inta.:ins a bar or canteen where int~icating liquors are sold." mate a dollar· s worth of these canteen checks in the ~orning and another dollar's worth in the afternoon. and under such circum­ Mr. SHERLEY. Mr. Chairman, I have no objection to the stances they can not tell met at the canteen at that Home is a regulation of Soldiers' Homes in the States in accordance with the means of promoting temperance or that it prevents excessive act of Congress passed here some years ago. I was surprised at, drinking. and am just as deeply grieved as the gentleman from California Under this amendment the boards of directors of these Homes over the conditions that exist in the Soldiers' Home in California. may receive these pension moneys and may hold them in trust I should be very glad to aid in having such a regulation as would for the old soldier. They be:}ome a depos,tory, a savings bank prevent that. I do not believe that a man should not be able to for the accumulation of the money of these old soldiers. If any receive his pension money except in checks coming over a bar. I soldier has a dependent relative on the outside he may direct that think he should be able to receive that money and use it for such his pension be paid over to that dependent relative, and he may, purposes as he sees fit. I have no objection to the money remain­ from time to time. in the discretion of the board of directors. ing in trul'lt for him to be paid to his hairs if he dies or paid to draw upon the amount that remains to his credit. Upon his him in case he leaves the Home; but I am unalterably opposed to death this amount goes to lris representatives, or upon his dis­ that species of paternalism that undertakes to regulate and legis­ charge from the Home it is paid over to him. late the morals of the people. I am unalterably opposed to the This is a system that was good enough to be adopted in 1833 for anticanteen law, whether the law applies to the Soldiers' Homes the government and regulation of the Soldiers' Home in the Dis­ or to army posts. trict of Columbia; and if it is good enough for the Soldiers· Home I believe that the effect of the anticanteen.law is just the oppo­ in this District of C-olumbia, it is good enough for any State of site to that claimed by its advocates. Instead of promoting tem­ this Union. . perance it serves to promote intemperance. I do not believe it is Now. gentlemen may say that when we strike out the provision wise legislation for Congre s to undertake to regulate every move­ that the States must pay back to us one-half of the money that ment of the individual If the soldier is old. if the . oldier is in­ they receive for thee pensions we may lose something. I say firm, if he is there on the bounty of the Government. it does not you will lose very little. I believe the amount paid back did not nece sarily show that h~ is not capable of exercising his own judg­ exceed $40.000 last year. Why? Tlris is the way they evade it in ment in regard to what he will do. the State of California: They only withhold 5 per eent as an as­ Mr. BELL of California. Will the gentleman yield to me for sessment or fine fer failure to do dining-room service. Of that 5 a question? per cent they will give the United States Government one-half, Mr. SHERLEY. Certainly. but the other 95 pe~ cent, of which a good part goes over the bar Mr. BELL of California. I would like to ask the gentleman 4056 CONGRESSIONAL RECORD-HOUSE., MARCH 31, from Kentucky, if this part of the amendment should be stricken and should be corrected by the managers of that Home. It is not out, if-it would not simply deprive the original amendment of all necessary to pass an anticanteen law here in order to bring that its strength, and would it not in that way fail to stop the abuse in about. I sincerely trust, Mr. Chairman, that the amendme1;1t I the Soldiers' Homes? have offered to strike out t~at portion which undertakes to place Mr. SHERLEY. I do not so understand it. I do not believe such a law upon the statute books will be agreed to. that it is necessary in order to prevent a condition that seems to · Mr. GARDNER of Michigan. Mr. Chairman, I am thoroughly exist alone in the gentleman's State to pass an anticanteen law. ~ in sympathy with the object which the gentleman from Califor­ We have heard of no abuse from any other Home except that in nia seeks to obtain. His representations certainly present a de­ California. He said on the floor that it lay within the power of plorable condition in that State. I did not suppose it existed in the board of governors of that institution to make such regula- any State of this Union where a Board of Managers would vir­ tiona as they saw fit. I would say to him: Go back to the people tually compel the soldiers to expend the pen~ions given to them of your State, back to the governors of the Home, and let them by the Government over the bar. regulate it, and do not come to Congress and ask us to pass a law Mr. BELL of California. May I interrupt the gentleman? I to deprive the people of personal liberty in order to cure bad gov- do not desire him to understand that I now claim that they com­ ernment in the State of California. . pel them to go there and draw this money or that they may not I am opposed to this eternal cry that we have got to take care get 50 cents or a dollar for car fare or for some other purpose if of the people. The whole success of Anglo-Saxon government has they want it for that purpose. I would like to ask the gentleman been built on the idea that men are capable of taking care of them- if he knows anything about the conditions that exist in other selves, and that that government was best which governed the States that maintain canteens? least. I do not want to see further extended theanticanteenlaw. Mr. GARDNER or Michigan. I know about the conditions in I believe it was a mistake. I believe that the testimony taken by one State that does not. I speak of Michigan when I say that I the anticanteen people, taken by the ministers of the gospel who am acquainted with a Home that does not maintain a canteen. I went to investigate the ca~e and who were prejudiced in favor of am not in accord with the gentleman from Kentucky. We have it. will amply bear out the statement that it did not help the cause prohibition in the Soldiers' Home in the State of Michigan. We of temperance, but has hurt it, and I desire to protest against any not only have no canteen in the Home, but the State legislature further extension of it. passed a law that no saloon should be built on or be opened within Mr. BELL of California. Will the gentleman yield for a ques- 1 mile in any direction from that Home, and what is the result? tion? A material improvement of the discipline of the Home, and the Mr. SHERLEY. Yes. • saving of pensions to men who devote their pension money to the Mr. BELL of California. I want to ask the gentleman if he support of their wives and children at home, when some of them does not recognize the power, the plenary power, of Congress to would have paid it out in the canteen if they had one in the Home. legislate in regard to the pensions of the old soldiers? And, fur- I am thoroughly out of sympathy with the doctrine enunciated ther, does he challenge the right of Congress when it said that by the gentleman from Kentucky [Mr. SHERLEY], as applied to the old soldier should not pledge, assign, or hypothecate, or con- Soldiers' Homes. The weakness of many of these old men is that t1·act for the surrender of his pension in advance? If that be true, in their youth and now in the period of decline they are slaves to then has not Congress the right to say at this time under what the habit of partaking of intoxicating liquors, and some of them condition the old soldiers of this country shall contract in advance are in these Homes largely because they are such slaves. This and surrender the bounty which the United States Government simply throws about them the protection-paternalism, if you is going to give to them? · will-of the State, when it looks out for them. On the other Mr. SHERLEY. I answer the gentleman in this way: I did hand, I believe that the States can take care of these institutions, not raise the point of order because I believe Congress could leg- which are built by their own money, and regulate them as they jslate and because I believe that this was a limitation; but there see fit. We have done so in Michigan. You can do so in Call­ is a great big distinction between the power to do a thing and the fornia, if you will. wisdom of doing it. ' I do not believe, on the other hand, that we ought to legislate Mr. HEMEJNWAY. Will the gentleman yield? for the States as States,asthisamendmentseekstodo. We ought Mr. SHERLEY. Yes. to leave something for the States to do in their sovereign capacity Mr. HEMENWAY. The gentleman states that he believes of individual. Commonwealths, and so I am against the amend- Congress can legislate, and he has no doubt but that this is legis- menton that principle, although I am in accord with the gentle- lation? man from California [Mr. BELL] to the end that he seeks in that · Mr. SHERLEY. I will say further that in point of logic the Commonwealth a condition such as we already have in Michigan distinction that has been made between "limitation" and "new and, as I believe, in a large number of other States in this Union, legislation" is one of fiction that we have created in order to run though I can not speak for all nor for many. our Government. No man logically, sweeping aside the cob- Mr. BELL of California. Mr. Chairman, will the gentleman webs, can draw a real distinction between limitation and legisla- from Michigan yield to a question? tion. Every limitation is legislation! but I believed under the The CHAIRMAN. Does the gentleman from Michigan yield precedents of this House it was a limitation and not legislation. to the gentleman from California? But, Mr. Chairman, I do not want to be diverted from the Mr. GARDNER of Michigan. Certainly. main subject. This is not a question of the power of Congress. Mr. BELL of California. Does the gentleman not think that The Chairman has determined that it is within the power of Con- Congress should carry out the spirit of that law which it has en­ g~·ess to pass this law. · acted that no soldier shall contract to surrender up his pension, The CHAIRMAN. The time of the gentleman from Kentucky shall assign it, or hypothecate it? Is not that law made for the has expired. benefit of the old soldier, and are we exercising a policy of pater- Mr. BENTON. Mr. Chairman, I ask unanimous consent that nalism when we simply now attempt to carry out and enlarge the gentleman may proceed for five minutes. and sustain the rules relating to the moneys that come, not from The CHAIRMAN. The gentleman from Missouri asks unani- the State of California or any other State, but from the United mous consent that the gentleman from Kentucky may proceed States Government, and simply· follo.w the pensions of the old five minutes. Is there objection? soldiers not only protecting them in their receiving them, but There was no objection. protecting them in the expenditure as far as we can? Mr. SHERLEY. The question that confronts us is not a qnes- Mr. GARDNER of Michigan. There is no doubt that Con- tion of power now, but it is a question of wisdom; and the point gress can do that if it will. I put to you is whether it is wise for us to continue this kind of Mr. BELL of California. Is it not a wise thing to do so? legislation; whether it promotes good government to shackle the Mr. GARDNER of Michigan. That is the point. Is it good individual and say to him, "Your own judgment, your own in- policy to do that? Is it not better to 1eave it to the individual telligence, is not sufficient. We will not allow you to exercise it State? Now, in Michigan, if I may refer to that State again, we relative to the purchase or use of liquors." have just what the gentleman from California [Mr. BELL] says Now, Mr. Chairman, I have no desire to promote intemperance. in substance-a savings bank-where a portion of the pension al­ I will go as far as any man on this floor to do what I can to banish lowed the soldier may be deposited, and it is there in bank to his that evil, but I believe in all sincerity that the only way to do credit. It is not divided with the State or divided with the Gen­ that is by the education of the individual and not by the legisla- eral Government. In the language of the chairman of the com­ ture undertaking to restrict it. I believe the effect of every pro- mittee, we do not speculate on the pension of the soldier in Michi­ hibitory law that has been passed has been simply to add hypocrisy gan, but give him directly or indiractly every cent that the to other crimes. Yon can not enforce them, and if you do en- Government allows; but we do seek to protect him if we can force them you simply drive the soldier out of the Home to other against his we~esses, whether inherited or acquired. low places where he is surrounded by conditions worse than could Mr. CRUMPACKER. Mr. Chairman, Will the gentleman from exist in the Home. If the conditions of the Home in California Michigan allow me to call his attention to the fact that the StatQ. are such as the gentleman declares, they can be readily corrected Home in Michigan does withhold a part of the pension? 1904. CONGRESSIONAL RECORD-HOUSE. ~ 4057

Mr. GARDNER of Michigan. I should have said it does with­ to which they may be exposed by reason of their leisure and the hold a part. I am glad the gentleman from Indiana called atten­ monotony of institution life. I will say to my friend from Ken­ tion to this lapse of statement. tucky that this amendment, if adopted, will not interfere with the The CHAIRMAN. The time of the gentleman from Michigan personal liberty of the soldier. If he wants to go and get a drink, has expired. he can do so. If he wants to buy a pint of futoxicating liquor aiid :Mr. LIND. Mr. Chairman, I just want to occupy a couple of take it to the Home, he can do so, if the regulations permit. But minutes of the time of the committee. For two years I was con­ I think it proper and right to provide that in the Soldiers' Homes, nected with the Soldiers' Home in our State, and I am proud to under the circumstances of their situation and knowing the old say that no State, in my judgment, has a better Soldiers' Home men as we do, it is not wise for any State to draw our money and than ours. Its location is fine, its equipment is admirable; but under that appropriation maintain a canteen. [Applause.] during my connection with it I discovered this difficulty: By a Mr. SHERLEY. Does not the gentleman think it would be practice adopted by the board of managers some years ago the better to leave this money to be disposed of under regulations larger portion of the pension of the inmates is taken from them. adopted by the Board of Governors, for this reason, that-­ This portion is not t.aken from the inmates and covered into the Mr. LIND. I will let my friend from California [Mr. BELL] State treasury for speculative purposes at all. It is put into a answer that. He can answer so much better than I can. fund that is devoted to the aid of old soldiers and their widows Mr. SHERLEY. I should like the gentleman from Minnesota outside the Home. to answer, if he will permit me to finish my question, for the rea­ Mr. GARDNER of Michigan. Mr. Chairman, may! interrupt son that the law we are now undertaking to pass-that is, the anti­ the gentleman? canteen provision of it-will bealawapplyingtoeveryone, without Mr. LIND. I have only five minutes. regard to whether he has discretionary power or not, whereas reg­ Mr. GARDNER of Michlgan. Just a moment. Do I under­ ulations could be made by the board of governors so as to meet stand the gentleman to say that the State of Minnesota takes a the individual cases of the people in the Homes. part of the soldier s pension paid to him to care for old soldiers Mr. LIND. My friend says that this provision is of general outside, and thus make him a cosupporter with the State and the application. It applies only to a class of institutions that will General Government? necessarily, and I trust inevitably, disappear, as Soldiers' Homes, Mr. LIND. That is just exactly what we do. from the face of the earth inside of fifty years at most. I assume Mr. GARDNER of Michigan. I am surprised at that. that so far at least as concerns the State Homes we do not propose Mr. LIND. Now, then, the result of this is that while we have to maintain ~hat class of institutions in perpetuity. While we a most delightfully situated Home, as well equipped as any-and have them, it is our duty, in view of the frailties of the inmates by the way, it costs $173 per annum per capita, the best we can in the matter of temperance, to protect them in a reasonable way. do, to maintain the old soldiers-nevertheless there is more dis­ But I did not propose the amendment. It is not applicable to content and more fault-finding in that Home than in any other the conditions in our State. I am indifferent as to its adoption, so public institution in the State. I also appreciate, as does every far as,we are concerned, because we never have had the abuse to man who has studied this subject, that it would. be unwise and whiCh the gentleman from California has referred. However, on inexpedient to turn over the pensions to the old soldiers without the whole, I think it is right and salutary, and I shall vote for it; some limitations for purposes of preserving good order and disci­ but it is the principal proposition that I am earnestly in favor of, pline. They are frail in habit, many of them. They are certainly and I advocate it because I have studied the question, having had no better than the average of old men who have been knocked occasion to do so officially and personally for years. about in the world. Mr. CRUMPACKER. Mr. Chairman, I have a motion pend­ Mr. HEMENWAY. The gentleman does not advocate taking ing to strike out the proviso contained in the original bill. I away from the old soldier the right to use his pension? think the proviso ought to be struck out. But I am impressed Mr. LIND. I have only five minutes; but I will explain just with the idea that the amendment offered by the gentleman from what I do advocate. I advocate the adoption by way of amend­ California [Mr. BELL] is a fair and proper one. Its purpose is to ment of the wholesome regulations that were established more create and establish uniformity in relation to a matter that has than twenty years ago for the government of the Home in this caused considerable embarrassment and some vexation in the city. What are thoseregulations? As stated in the statute, they various State Homes-that of handling the pensions of mem­ are, briefly summarized, that when an old soldier enters the bers of those Homes. The effect of the amendment of the gentle­ Home drawing a pension the commandant says to him: "Yon man from California will be not only to create uniformity, but to may designate your wife or some one el e dependent upon you as the put the State Homes upon the same basis that Congress has pre­ beneficiary in part or in whole of your pension while you remain scribed for the management of the National Homes. in the Home; or if you choose not to do that, we will save and in­ Soldiers who may go into the State Homes under the operation vest your pension for you while you are in the Home and give of this amendment, if the Homes do not admit their wives and you from time to time such amounts to expend for your little widows, may assign, or will be required perhaps, under the act luxuries and wants as may be proper and necegsary, the remain­ of Congress of 1889, to assign, one-half of their pensions to the der to be paid you when you depart from the Home or to your support of their dependent wives or families on the outside. heirs.'' In those States having Homes that admit wives and widows to In the advancement of certain amounts from time to time the membership, the State takes care of the wives and the widows and commandant is, of course. necessarily governed by the habits and has no contribution from the Federal Government for that pur­ judgment of the soldier himself. But when the soldier retires pose. Some of those Homes do withhold from the soldiers a small from the Home or when he dies this amount, which Con[n'ess in­ amount of the pensions; an amount in excess, in Indiana, of $12 tended for him and his family and for no others, goes either to a month. The Indiana Home furnishes clothing, medical treat­ him or his family. I submit, gentlemen, you can not conceive of ment, board, shelter, everything, to the members of the Home, a better devised or more admirable plan for handling the pension men and their wives and the widows of comrades, and it gives to of an old soldier while t.he inmate of a Home. every soldier who has his wife with him in the Home his enfre 1\fr. SHERLEY. Would not all that the gentleman advocates pension up to $12 a month to expend for himself and his wife. If be effected by the adoption simply of that portion of the amend­ he has no wife, he gets his entire pension up to $8 a month. In ment offered by the gentleman from California, which embodies this way a little fund is created to add to the comfort and to im­ the regulations prescribed in the act of Congress of 1883, without prove the conveniences of the Home for their common benefit. It regard to the anticanteen proviso? · is the money of these soldiers, withheld from their pensions, and Mr. LIND. In answer to my friend from Kentucky I will say I say it ought to be used to promote their happiness and comfort. that , generally speaking, I have not a great deal of sympathy for This class of Homes is excepted from the proviso. legislation that assumes to contl:ol or regulate the habits and My colleague, the chairman of the committee [Mr. IiEMENwA. Y], morals of the people. But here we are dealing with a class of in discussing the point of order, said that the States speculated men well advanced in years-all of them above 60 years of age­ upon this fund. I ~ve the reports of all the State Homes before and possessed of all the virtues and weaknesses of old soldiers. me. The average cost of maintaining a soldier or a sailor in a [Here the hammer fell.] National Home is over $140 a year. The Government pays the Mr. BENTON. I ask unanimous consent that the gentleman States $100 a year, and all of the pensions that are withheld by from Minnesota [Mr. LL~D] be permitted to proceed for five min­ the Government or by the various State Homes amount to less utes more. than $9 per capita. If they retained all pensions withheld the There was no objection. State Homes would still be out over $30 a year for each soldier Mr. LIND. For the same reason that every State in the Union and sailor under the provisions of the law. But in a Home like has adopted laws providing for the appointment of guardians for that in the State of Indiana, where probably one-half of the mem- spendthrifts and drunkards, we have a right to say, in expending bers are females-wives and widows of soldiers-where men, the money of the nation, that this expenditm·e shall be guarded veterans of the civil war, go with their wives and live in cottages by regulations that will protect our beneficiaries against frailties constructed by the various counties over the State, and have real 4058 CONGRESSIONAL RECORD-HOUSE. MARCH 31,

homes maintained alt<'gether at the expense of the State, we do ::P.Ir. GILBERT. Mr. Chairman, I ask that the amendment of proteF-t against this pinching-off policy, which splits this little the gentleman from Kentucky be read again. fund that we have saved out of the pensions and takes half of it The Clerk read as follows: away from the soldiers themselves. At the close of the amendment trike out the follo~g language: Now, in relation to the canteen question, there is no canteen in ''Provided fr.trlher, That no part of this appropriation shall be apportioned to any StAte or Territorial Home that maintains a. bar or canteen wnere in­ the Home in the State of Indiana. There ought to be no canteen toxicating liquors are sold." in any-Soldiers Home. There may be reasons why there ahould be canteens at army posts, but tho e rea-sons do not apply to Sol­ The amendment was rejected. diers' Homes, particularly to State Homes. I believe the provi­ The CHAIRMAN. The que tion is on the amendment proposed sions of this amendment all the way long are wholesome; I believe by the gentleman from California [Mr. BELL]. the Homes ought to be put on a uniform basis. I believe the law MI·r ROBINSON of Indiana. I ask unanimous cons.ent that and the regulations in respect to the handling of the pension that amendment be reported again. question. to regulate and govern National Homes, ought to be The amendment was auain read. made applicable to State Homes, thereby securing uniformity, The question being taken on the amendment of Mr. BELL of thereby avoiding the embarras ments that may come from this California, on a division (demanded by Mr. HEMENWAY) there troublesome question, and I believe most earnestly in that provi­ were-ayes 59. noes 31. sion of the amendment that withholds any part of this appropri­ Accordingly, the amendment was agreed to. ation from a State Home that maintains a bar or sells intoxicat­ The Clerk read as follows: ing liquors. I belie~e that IS of great importance. and if this For paymPnt of amounts for arrears of pay and a.llowa.uces ou account of servi~;e of officers and men of theAI·my during the war with !:;pain and in the amendment shall pa . within three months every State Home Philippine Islands that may be certified to be due by the accounting officers will conform its methods and regulations to the requirements of of the Treasury during the fiscal year 1905, and that are chargeable to the the law of 1883 and will banish the bars. appropriations that have been carried to the surplus fund, $150,000. I think there are very few State Homes in the country that Mr. ROBINSON of In~ana. Mr.. Chairman, I move to strike maintain canteens and sell intoxicating liquors. There ought to out the last word. be none. Mr. Chairman, on yesterday, in remarks in opposition to com­ The CHAIRMAN. Does the gentleman from Indiana [Mr. mi ions, useless as I said many of them to be, I included the HEMENWAY] desire to be heard? Rock Creek Park Commission upon authority of the Blue Book, Mr. HEMENWAY. I do not believe I do, if there is no one entitled u Official Register of the United States. 1903. volume 1, else. Legislative, Executive, and JudiciaL" On page 1062 of this book The CHAIRMAN. The quPstion is on the amendment pro­ is the following, which was my information and the basis of my posed by the gentleman from Kentucky to the amendment offered remarks. as contained on page 3997 of the CoNGRESSIO.SAL RECORD by the gentleman from can.fornia. of yesterday~

t - NATIONAL PARKS AND RESERVATIONS. Rock Oreek Park Commission.

W'hence appointed. 1-,-----,------:---l W'h d Compen- Name. Official title. Where born. Coug. ere emp1 oye . sation. State. County.

a Pay of rank in Army. I had marked that and handed it to the assistant to the Official shared by the Honse, as shown by the debate thereon yesterday, Reporters, but by inadvertence it was left out of the general but it does not apply to this commission, which expired by limi­ statement. tation several years ago. I erroneously stated, upon the authority of the Blue Book, that The Clerk read as follows: there was a Rock Creek Park Commissiun. composed of three gen­ For salanes of United States district attorneys and e~nen...qes of United tlemen, who were drawing a salary of $10 a day. The Blue Book States district attorneys and their regula.r assistants, $44{',00>: Provided. That this appropriation shall be ava.ilab.e for the payment of the salaries of regu­ shows that fact, but it is an error. This morning a dispatch to larly appointed clerks to United ~ta.tes district attorneys for services rtln­ me from Gen. H. V. Boynton suggested to me to see the chair­ dered during vacancy in the offices of the United States di trwt atwrney. man of the Committee on Approprtations [Mr. HEMENWAY]; and Mr. HITCHCOCK. I offer the following amendment. the dispatch he had received. and to which I was referred, and The Clerk read as follows: the onf\ to me I will insert. with the other. in the RECORD, with the Insert, on page 134, line 23, after the word " dolla.rs," the following: consent of the House, from which it will be seen that the Blue "Provided, That no money appropriated in this paragt"al>h as salaries for Book was in error. I ask the Clerk to read the dispatches from United States district attorney shall be paid to any or satd attorneys who General Boynton. shall fail. after six months from the passage of this b ll, to mstitute proceed­ in~ in eqwty tore train and criminal proceedings to punish oer ons or cor­ The Clerk read as follows: porations in his district whom one or more reputable c1tizens shall charge W A.R DHP AB.TliDi"T, March.~. 191J4. rn writing, to be violating the laws of the Unit.ld States against trusts, trade lion. JAMES M. ROBINSON, conspiracies, or combinationS in restraint of interstate commeree, or to mo­ House of Represe<~ttatives: nooolize the sa.me, unless said United States district attorney shall on inves­ Please see tele&Tam I have sent to ehairman of Appropriations in regard tigation find, and so r port to the Department of Justice m writing. that to the erroneous information some one has given you about the Rock Creek there is no reasonable ground to believe that the complaint can be established Park Commission. by proof." H. V. Bon.~N. Mr. HEMENWAY. Mr. Chairman, I make the point of order W A.R DEPA.RTYENT, March 31, 1904. on the amendment. Hon. J. A. HIDIENWA.Y, The CHAIRMAN. Does the gentleman from Nebraska desire House of Representatives: to be heard on the point of order? Mr. RoBD"SON is mistaken about the Rock Creek Park Commission, which Mr. HITCHCOCK. Yes, sir. I would like to know first what consisted of the Chief of Engineer,, Mr.&. ·;,oss Perry, Secretary S. P . Lang­ ley, and myself. still drawing SlO a day. The duties of the commission ceased is the point of order. las soon as it had acquired title to the land. This was several years ago, an_d The CHAIRMAN. The general point of order on the amend­ it has drawn no pay since. It never drew any pay except for the days that 1t ment just offered, as the Chair understands the gentleman from was actuallf in tession. It paid its own expenses while examining the land in question IIDd made no charge for the great number of committee meetings Indiana. necessary for the work. Mr. HITCHCOCK. The point of order that it is new legislation? H. V. BOYNTON. The CHAIRMAN. Will the gentleman from Indiana specify Mr. ROBINSONoflndiana. Mr.Chairma.n,Iampleasedtogive the ground of his point of order? the same currency to this correction as to the original remarks. M.r. HE~fENWAY. Why, that it chanues existing law, is a The error mace in th~ remarks was in consequence of the itein new provision of law, not in order to be inserted upon an appro­ which I have had inserted in these remarks, taken from the·Blue priation bill. and that it is not germane. Book, which was my sole authority. While we are pleased that Mr. HITCHCOCK. Mr. Chairman, I think under the rulings this commission. expired by limitation. I am satisfied that the re­ of the Chair heretofore· made, by the present Chairman and by marks I made against commissions generally that were 11Seless is others, that this amendment is nothing more than a limitation on 1904.] CONGRESSIONAL RECORD-HOUSE. ,_l059

the expenditure of the appropriation provided in the paragraph. amendment. It certainly imposes no new duties on the United The appropriation is for the salaries, among .others, of se>me States attorney. ninety-two United States district attorneys throughout the coun- Mr. OLMSTED. Will the gentleman permit an interruption? . try. The laws of the United States particularly section 4 of an Mr. HITCHCOCK. Yes . act approved July 2, 1890, to protect trade and commerce against Mr. OLMSTED. I want to ask if the gentleman~s amendment monopolies, specifically make it the duty of these United States would not impose new duties on the Secretary of the Treasury by district attorneys as follows: requiring him to find out whether or not the district attorney had SEC. 4. The S3>eral circuit com·t.3 of the United St.a.t~3are hereby invested violated the terms of this amendment? with jurisdiction to pre>ent and restrain nola.tions of this act. Mr. IDTCHCOCK. I will say in answer to the gentleman from That is an act to protect trade and commerce against unlawful Pennsylvania that every limitation on an appropriation inciden­ rest::.·P.ints and monopolies. · tally does imposa new duties on the disbursing office1·, but the Chair has repeatedly held that such limitations are proper. And it shall be the duty of the several district attorneys of the United State.;;, in their respective districts, under the direction of the Attorney-Gen­ The CHAIRMAN. The Chair thinks the amendment is open / e r~J, to institute proceedings in equity to prevent and restrain such viola­ to the sam.e objection as the preceding one, and therefore sustains ./ tions. the point of order. Such proceedings mar be by way of petition settin~ forth the case and pr ying that such nolation shall be enjoined or otherW1Se prohibited. The Clerk, proceedingwith the reading of the bill, read as.follows: When the part:es complained of shall have been duly notified of such peti­ For pay of bailiffs and criers, not exceeding three bailiffs and one crier in tion the court shall proceed, as soon as may be, to the hearing and determina­ each court, except in the southern district of New York: Provided, That all ti:m of the case; and pending such petition and before final decree the court persons employed under section 71.5 of the Revised Statutes shall be deemed m

the Chair .overrules the point of order. . The Chair also thinks in one of the N.ew England States, and I wish to read an extract the Tlile to be that an·amendment striking out a portion of a para- from it bearing on this point: graph .is not subject to a point of order. Form, and not :effect, I am to-day trying a case where I must send out a. jury to-morrow just should 'be conside1·ed. Germaneness refers to words added rather befor~ mealtime or hold them o>'er another day. I c..'lln not send them out tl a'l to tbos~ taken away. The Chair would further .rne-gest before -mealtime unless I ask a poor wi dow, w ho~e hnsband was killed in-a ..., railroaa accident, to P3tY one-half the cost of their meal, or unless I starve that this question of whether payment ·Should be made for meals them. and lodgings for jnrors in cases other tb.an United -Btates cases is Mr. HEMENWAY. 1Iave not the jurors a perfect right to buy rather a question for the committee to decide; a question of policy their own mea's whenever they want to do so: and does not the rather than a que tion for the C."hair to decide on apointof order. gentleman llllderstand that only a year ago we raised the pay of Mr. HEMENWAY. Then. Mr. Chainnan, I suppose it would jurors from S2 to $3 a day, thus imposing upon the Government be in order to provide for meals for the clerk, and the judge, and a -very large exp·ense? . the m ~nshal. Mr. LITTLEFIELD. I do not know that that enters into this The CHAIRMAN. That question would have to be decided, proposition at all. I do-not think the jurors have a right to send of course. when it arises; but this is clearly an admissible amend- out for their meals. menton the principle stated mthe rule. Mr. GAINES of ~ennessee. Just one moment, if the gentle- Mr. HEMENW.A Y. }tfr. Chairman, here is a caEe -where we man pleases, for a question. Are not these jurors ooliged to re­ provide for the payment for meals and longing of-jurors in United main during the session of the court, when· t be court is engaged States cases where the Government is -a party to the case. Now, in ·trying civil cases, because they maybe called to try criminal then. is it germane to say that we shall also ,pay for meals when ca es? the Government is not a party to the case, wlle1·e it·is a question · Mr. LITTLEFIELn. That·is not the qnestion. The question purely between ·individuals? is this: When a jury has gone out, uhder the charge of t.he mar- Tha CHAIRMAN. The Chair would -state that that·is merely a shal. ·to deliberate upon a case, can they be furnished with their question for the.committee·to consider. Itis'to be noted that this meals? Suppose a jury goes out at 4 o'clock in the afternoon and amendment consists not in ad"ding to the language of the para- ·stays out until 11 0 clock in the evening. There ·is no provision graph. but in ·striking out certain words which constitute a por- of law to-day that authorizes the court to see that the mar hal tion of tbe paragraph. · :Shall furnish the jury their supper, and if they _get any supper, Mr. HEMENWAY. I shall want ·to be heard on the amend- una.er eXisting conditions. the conme1 for the plaintiff and the ment, Mr. Chairman. _ defendant must get together and agree to pay the exper se of hav- l\1r. MANN. Mr. Chainnan, before the Chair-makes the final ing the meal ent to them. The jurors do not p?._y'the expense ruling, I would like to be lleard. This item.1 -suppose, is con- themselv-e . It is])ractically·impossible for tnem to do it. You tained in the existing appropriation law .exactly as:itis. Now. can..not let the jurors go ont for their suppers; they must stay under the decision which the ·chair has announced, all ·of these until tney ·nave 'finished their deliberations and r-eached a verdict. items in this bill wonld be subject to 11. point of order ana would They are in charge·of the marshal, and the inaividual jm·ors can have to go out, if any Member of the HonFe Tai ed the poin.t. 1 not go to 'their r~ective boarding places and get t heir meal-s, do not understand that that has been the ruling of the Chair upon and in practice they·fio not under .such ·circumstances get any­ items of this kind heretofore. Where an item of this.natureis thing to eat 'U.Iiless, as I nave saia, the parties agree to pay the inserted in an 1J.p ~,ropriation bill and is made into law it is exist- ·.expense. ing law, and when 'it is presented in an appropriation billnext-yeaT "Now, let me continue reaili.ng'what thi5judge says :in regard io it is not subjf'ct to a point of order. tbe practical admin:i£tration·.ofihe law·on this :Subject: The CHAIRMAN. The Chair-would state ·to 'the gentleman :I might hotd them oYer till the early morning .of .another day at ·the ex­ from Tilinois that the rtiling bas been sustainedin all cases. as the lJeme of th~ United Bta!Ps. Which ought I to do? I bad a similar ca"e last Chair · unders~ds it., -that .t'he ·mere .insemon of a -provision for rw:eek, where thwp.m.in~ was suing under the stlrtute in forma .pauperis. I a brancn of the public service in an :appropriation .bill :is effective conclu:dt::d to-starve·the JUry. •OccasiollfLlly l am"asked by a jury to furnish -· . . . -:them a meal, aud wnenever I have to deny fha.t .request or whenever I have only for that -year, and unless m language ·shoWing that :the :m- 'to explain to couooel not familiar with the :Federal courts the difficulty in tenti.on is to change or establish a permanent law, it does -not af- ~evay ~furni.sh:irrg .mes._ls I feelEo ~onified and t>mbarra~d that_] some­ for.d a J>recedent for any succeeding :year. The Chair will Tead · time~ avm~ such explanations by .holdmg xhe case and chargmg :the Jury the '1.... • th n· est . . -+-~ -+'l....~t nl ;1..... 'h . ,next:moTillD.g. the-paragrapu ·m · e 1g ,pertainmg liV IJll(l; T_ e,"WulC :18 on Thavenodotfbttbat.in'thisandnther--waysthe'Uuited Sta4;eslosesb-y'the - page il48: · :refuEal to_pay for meals more than the meals cost. In 'fact, as you well know, · -w.h.Pn you are :rumrtng a court everything which hampers expeaitious pt·o- An appropriation for an object in an annual appropriation bill makes law cee·dingsJnvolves very considerable additional cost. · only fm· that year, and does not become "existing Jaw"·:tojustifya continu- 'That is all there1s of it. This extract snows abundantly its ance of the aPJll"opriation. -reasons for this amendment. When th~:~ jurors are out delibeiat- Mr. 'MANN. Mr. Chairman, I-undet'Stand perfectly well that ingthe question is.sim,ply whether they shall pay the cost of 'their that is the rnl~. but. on the ·other .hand. I thinkthatthe Chair will meals or whether the parties interested in the case must con­ find plenty of ·Cases in the Digest, ·to which I am not able at pres­ ·tribute: .a.nd where th-ere -is a party ·that can not contribute, est to ;refer, holaing that where these items ·are in appropriation ·whether the jurors :shall go without tbeir meals altogether. bills as items they warrant the in&ertion ·Of the same item-not Ml:. OLMSTED. What ii the :practice in the courts of -your making law, but merely an apJU·opriatlon-in the next year; for .State? otherwise -all of this lJaragraph. ior instance, would :be subject to Mr. LITTLEFIEL'D. 'Th.e .State under those .circumstances a point of order. and most of the .other ·items .in· 'this bill would pays for .the meals .always-universally; there is .no que~tion be -subject 'to a point of· order, it .seems to me. I ·merely·direct about it. the attention of the Chair to this because it ·is a ·rather :serious ltlr. ·w A'TSON. If, .as ·the gentleman says. the lawyers can ruling in its effect. "chlp·in" .and buy the meal for tbe jurors and the marSha1 can The CHAIRMAN. The Chair will state .that ·he sees no course ·bring ·it in, -why can .not the jurors .themselves .. chip in" and to pursue except 'to conform ·to the rules as -enferced here. If it nave the marshal bring in their meal? · is desirable to change them, that is for tbe Rouse to determine. Mr. LITTLEFIELD. W-ell, lt is pos:Sib1e, perbaps, by .some Mr. LITTLEFIELD. Mr. Chairman. only a. word in re]ation arrangement that that might be done; but p1·actically it nev.er is to this amendment. Under this approp1·iation bill, if it should done. become a law without amendment, the practice would be .as it :Mr. WATSON. Can it not be done? has been for the last eight or nine years, that in criminal cases Mr. LITTLEF.IELD. Oh, yes; the jury can get together and in the United States courts and in civil cases when the United make their contributions for.that purpose undor the instruction States is a party, if the jurors are out during mealtime for the of the court. :But·thatnever is done. I understandihe universal purpose of deliberation, the United States -pa~ ·the expenses of practice to be as I have stated. I do not know any other practice the jurors' meals, which are furnished by the marsbal. But than that of the .State paying the .expenses of the meals of the under the existing practice, when the ·jury is out delib.e.rating in jurors under such circumstances, where they are out deliberating, civil cases where there are private parties on both ·sides of the so that the expense does not fall upon the parties. J urors are not controversy, the jurors do not get any meals -unless they agree expected ±o -engage in deliberations .of that kind when in the trial among themselves to pay each his proportion. of cases. Dming the last -vacation l have had at least two cases in whicb Now. Twish to -sa;y further-and that is all'lllave to say in .re· the ~ury was out over supper time and stayed out for some time, lation -to it miless :some gent1eman ha..s some inquiry-that if this an.d worild have been without any supper if the counsel ·on 'the amendment is adopted it simply lea;ves the matter entirely within other side had not joined me in agreeing to share between us the discretion of the ·presiding judge. Re can .authorize it when the expense of the :meals furnished to the jnrors. U.nder . these he sees ·fit. or otherwise. The bill wiU provide that :.meals and circumstances th-e judge consented that 'the marshal·should.fur- lodging f or Jurors and bailiffs in ·attendance upon -the same, when . nish supper to the jurors. ordel'ed ·by the court, shall be-paid, so t hat the thing is entirely I have here a letter from a distinguished United States judge within the discretion of the judge-presiding. 1904. CONGRESSIONAL RECORD- HOUSE. 4061- Mr. GARDNER of New Jersey. Mr. Chai~n, ~would ask I The message al~o annm.mced th.at t~e Senate had passed with· that the gentleman's time be extendedllalf a mmute m order that out amBnd:ment bill of the followmg ~tle: he may answer a question, if he will.. I will a~ the ~entlemant H. R. 108~. An act to amend section 68, chapter-23, volume taking the situation that he states m conn~ction Wit?- the fa~t 28 ot the Umted States Statutes at Large. that the pay of jurors .has re~ntly peen ra;1~ed, why~ ~ot his The ;message a~o an'?-oun~d that the Senate had passed the proper remedy to insert ill the bill a bnef proVISion authonzmg the followmg resolutions; ill which the concurrence of the House of judge to have the bailiff become the messenger of the jurors in Representatives was requested: getting meals, instead of the messenger of the court at conrl ex· Senate concurrent resolution No. 61. pen e? Re.wlved by the Srnate (the House of RepTesentatit•es concu.rring) Th!l.t the l\1r. LITTLEFIELD. Well, I do not understand in the first Public Printer be, and he is hereby, authorized and directed to bmd1 in two · · d to 1t>3 da f th volumes, instead of one, the Comprehensive Index of Government Publica- p 1ace t ha t t h e pay Of JUrors was raise .., a Y or e pur- tio~ 1881 to 1893, the preparation of which is auth01'ized by joint resolution pose of meeting this expense, because it would meet it and hun· of Mlll'ch 3, 1800. dreds of thou ands of dollars besides-. Senate concurrent resolution No. 62. :Mr. HEMENWAY. Mr. Chairman, Ijnstwanttwominutes, Resolved-bytlie Senate (the H(}use of Representatives concwTin_q-), That the and then I shall ask for a vote. · Secretary of War be, and he is hereby, auth.:>rized and required to cause to be made forthwith a survey or that portion of Great P edee River in the For the fiB cal year 1902 we paid $650,000 for jurors. For the fiscal State of South Carolina lying between the Atlantic Coast Line Railroad year 1903 we paid $950,000 for jlll'ors, or one-third more. Now, bridge in Marion County and the city of Cheraw, with anewto impro>ethe in raising the compensation of jurors from $2- a day to 83 a day, nangation of that part of said river by cutting aero several bends or looJ!S, thereby shortening the length and deepening the channel at· those point • one of the things taken into consideration was the faet that the and thatrepoctbamadeas to the practicability of said work ~md its probable jurors had to pay their expenses when they went to thes€ towns. cost. Now, the gentleman asks that the Government. in civil suits with The message also announced that the· President pro tempore which the United StatesJl,as nothing to do, shall pay the expenses had appointed Mr. P ETTUS and 1\Ir. Lmm members of the joint of meals for these jurors. This is absolutelywrong, that the Gov­ committee on the part of the Senate, as provided form the act of ernment should pay this part of the cost of civil suits,. especially February 16, 1889, entitled ''An act to authorize-and pronde for in view of the fact that we rai£ed the compensation of these jurors the disposition. of useless papers in the Exeeutive Departments,'' one-third only two years ago. for the disposition of useless papem in the Department of the In­ Mr. MADDOX. Will the g.entleman yield to me? terior; Mr. HEMENWAY. I will yield. The me~sage also announced that the Senate had passed with Mr. MADDOX. Does this amendment simply cover civil eases? amendment the following resolution: is Mr. HEliENWA Y. That what the gentleman wants to do. Resoh:ed brt the House of Representatives (the Senate concurring) That thera Mr. LITTLEFIELD. The appropriation bill as it now stands be printed 3,000 additional copies of the Report of the Directnr of the 1\f'lnt on takes care of the United States cases, and this gives a similar pro­ the Production.of the Precious Metals for tho calendar year 1£02, bound in vision in relation civil cases. cloth and wrapped. for the use of the Director of the Mint. to ResolL-ecl, That there also be printed 3,000 additional copies of the Report Mr. HEMENWAY. The gentleman wants a provision to pay of the Director of the Mint Covering the Operations of the Mints and Assay for the meals of jurors in civil suits, where every bit of the ex­ Office of tlie United States for thefueal year ended June 30,1903, to be bound pense should be taxed up as costs against the litigants. in cloth and wrapped, for the use of the Direct-or of the Mint. · 1\fr. LITTLEFIELD. I will say that this is in civil suits while The amendment is as follows~ the jury are deliberating, not while in attendance upon the court. In line 4, after the word "Mint," inserl "; that 1,500 additional copies be Mr. HEMENWAY. I understand; but in no instance in a printed, 500 for the use of the Senate, l,O:JO for the use of the House of Repre­ civil suit ought the Government to pay the cost, especially as the sentatives. n jurors' fee have been increa ed 1 .a day within two years, caus­ The message also announced that the Senate had agreed to the ing an increased expense to the Umted States of $300,000 a year. report of the committee of conference on the disagreeing votes of Mr. LITTLEFIELD. How much has 'been expended under the two Houses on the amendments of the Senate to the bill (H. R. this bill for meals for jurors in United States cases during the 11825) making appropriations for the Department of Agriculture last year? for the fiBcal year ending June 30, 1905. Mr. HEMENWAY. I have not that information, but during SUNDRY CIVIL APPROPRIATION BILL. the fiBcal year 1904 it will cost us $950,000, as against $650,000 prior to the time that they got this increased pay. T~ committee resumed its session. Mr. LITTLEFIELD. That is simply for jurors' pay. The gen· The Clerk read as follows: was For .Loremen, shoemaker, harness maker, carpenter, bln.ck...QIDith, tailor, tleman does not know how much expended for jurors' meals and tinner, when necessary, $4,800; -when deliberating on United States ca e? In all, $177,400. Mr. HEMENWAY. The jurors pay their expenses out of the fees received. The Government has added $300,000 a year to the Mr. BENTON. Mr. Chairman, on page 4147 of the CoNGRES· srorAL RECORD of March 30 I asked the chairman of the Com· pay of jurors. They took care of this expense before they g~t this additional pay, and certainly now that they have the addi­ mittee on Appropriations the following question: Mr. BENTON. Mr. Chairman, I desil·etoaskthecha.irmanofthecommittee tional dollar a day they ought still to be able to take care of this if that appropriation is sufficient? The estimate was $60,00), and I would like expense. to ask him if $35,00) will fill the nece 'ties of the White HoliSe? Mr. LITTLEFIELD. Has the gentleman any information so Mr. HIDll:..."fW.A.Y. Mr. Chairman, the President advises me that the esti­ mate of ~.oo:lwas sent down without his knowledge or appro-val by the of­ that he can state to us how much the pending provision cost the ficerin charge. The President thinks $35,000 is ample for the purpose, and I Government last year for meals of jurors in United States cases? desire to state that the President does not ask for any new stable of any ltind Mr. HEMENWAY. I do not know how much was paid out or description. · for meals last year. I hope the amendment will be voted down. The last statement, Mr. Chairman, would be pel'fectlyinnocent The question being taken on theamendmentofMr. LITTLEFIELD, if it did not have-and not to his knowledge-some personal ref­ on a division there were-ayes 10, noes 33. erence to myself. In conversation some two months ago I stated, Accordingly, the amendment was rejected. in reply to a question asked me about this mattBr, in hearing of MESSAGE FROM THE SENATE. newspaper reporters that "the Committee on Appropriations would dump the proposition to build a new stable for the White The committee informally rose; and the Speaker having resumed House to cost $60,000." It got into the newspapers that I had the Chair, a message from the Senate, by Mr. PARKINSON, its read· made a suggestion of that sort. I desire simply to say here that I ingclerk, announced that the Senate had passed bills of the follow­ do not want to be put in the attitude of having stated that there ing titles; in which the concurrence of the House of Representa· was a stable or barn desired for the President, without having tives was requested: any foundation for the statement. S. 4234. An act for the relief of Emma Morris; Mr. HEMENWAY. I believe I can make it right by a state­ S. 3983. An act providing for additional employees' quarters at ment. the Robinson Point post-light station, State of Washington; Mr. BENTON. No; Iwouldratheryouwait1mtil Igetthrough. S. 3788. An act to provide for an-examination to determine the I'call the attention of the committee to the Book of Estimates sub· feasibility of reclaiming the overflowed lands of the Kootenai mitted by the Secretary of the Treasury on the 7th day of Decem· River, in Northern Idaho and 1\Iontana; ber, 1903: S. 987. An act for the relief of certain settlers upon Wisconsin SIR: fu conformity with the requirements of sections 8669-, 3570, and 3672 ot Central Railroad and The Dalles military road land grants; and the Revised Statutes and acts of July 1, 1884 (~ Stat., p. 254:), and March S. 4845. An actregulating the erection of buildings on the Mall, 3, 1901 (3l Stat., p. 1009), I have the honor to transmit for the information of Congress the-estimates of appropriations required for the service of the in the District of Columbia. flseal year ending June 30, 1905, as ftll'uished by the several Executive De­ The message also announced that the Senate had passed with partments; also stAtements of the proceeds of sales of Government property amendments bill of the following title; in which the concuiTence and the expenditures of the mone-ys appropriated for contingent expenses ot of the House of Representatives was requested: the Independent Treasury for the fiscal year ~. H. R. 9331. An act to extend the time for completiDn of the Respectfully, • L1tsLrE: M. SIIA.w. East Washington Heights Traction Railroad Company. 'J.'he SPRAKER OF 'l'HE HOUS1!i O.Jif REPRESENTATIVES. 4062 CONGRESSIONAL RECORD-HOUSE. MARCH 31,

On page 228 of this bill as presented for the consideration of the I would therefore recommend that the item of appropriation be changed to read as follows: · subcommittee of the Committee on Appropriations, of which I "For building a stable for the use of the President, the Executive Office, was a member, will be found the following language: and the Office of Public Buildings and Grounds, and the purchase of land for the same, in a location and at a price to be approved by the President, For building a stable for the use of the President, the Executive Office, $90,000." and the office of public buildings and grounds, on a location in the President's I have the honor to be, very respectfully, your obedient servant, park, to be selected by the President, $60,000. _ T. W. SYMONS, Now! I desire to call attention to page 282. of the hearings had Colonel, United States .A7'nty, Majo1·, Corps of Engineers. The SPEAKER OF THE HOUSE OF REPRESE11.TTATIVE . on the sundry civil bill. This i,s the testimony taken in the hear­ (Through the Chief of Engineers and Military Channels.) ings before the subcommittee. Col. T. W. Symons, who is the military attache of the Executive Mansion, was before the com­ Now, I will read Colonel Symons's answer. Colonel SYMONS. The conditions down there have become so very bad that mittee and gave this testimony: it seems to be an absolute necessity to improve that stable this year, if possi­ The CRAm:MAN. The next item is for building a stable for the use of the ble. The horses have been ruined by simply standing in that miserable stable. President, the Executive Office, and the office of public buildings and grounds, .Mr. GILLETT. Is not $60,(XX) a large amount? on a location in the President's park, to be selected by the President, $60,CXX>. Colonel SYMONS. We have to provide for thirty horses and vehicles. We expect to spend $00,000 for land. . The CHAIRMAN. The time of the gentleman has expired. Mr. GILLETT. Why: do you have to care for thirty horses? Mr. HEMENWAY. I ask that the time of the gentleman may Colonel SYMONS. There are the horses for the President and for his sec­ retary and the Executive Office horses, and all the horses we use in the public be extended five minutes. buildings and grounds. The CHAIRMAN. The gentleman from Indiana asks unani­ Mr. GILLETT. How many horses do you have? mous consent that the time of the gentleman from Missouri may Colonel SYMo~s. There are seven or eight now, and they are increasing all the time-the work horses and all sorts of horses. ba extended five minutes. The CHAIRlfAN. It would be a general stable for all the public buildings Mr. BENTON. I think I can hardly get through in five min­ and grounds horses, Executive Office horses, and the horses of the Pres!dent utes; but I will do the best I can. and his private secretary? • Colonel SYMONS. Yes sir. The CHAIRMAN. IR there objection? [After a pause.] The The CRAIR.llA.N. That would be the extent of it? Chair hears none. Colonel SYMONS. Yes, sir. Mr. BENTON. Beforeigofurther,Iwantto call the attention of the committee to a letter from the Secretary of the Treasury Now, Mr. Chairman, I have tried to exhibit just as little parti­ dated February 26, 1904. Mark you, the estimates are made on sanship as possible in dealing with appropriation to carry on the the 7th of December, 1903, and presented to the House through the Government, economically administered. I think that is the Speaker. On February 26, 1904: the Secretary wrote a letter to proper way to carry it on, and I should not care to have men­ the Speaker, transmitting the document which I will read, as fol­ tioned this matter again if I had not taken some interest in this lows: estimate for a President's barn and if it had not got into print TREASURY DEPA.RTMENT, that I had Eaid that the Committee on Appropriations would OFFICE OF THE SECRETARY, dump the proposition to buy $30,000 worth of land and build a Wa-shington, February 26, 1901,.. $60,000 stable on that land. I do not believe the chairman of our SIR: I have the honor to transmit herewith, for the con..c;;ideration of Con­ committee had any idea of the statement that I had made or he gre ~,copy of a communication from the Secretary of War, of the 25th in­ stant, submitting an estimate of appropriation under the general title of would not have put me in t.hat sort of a situation. "Repairs, fuel, etc., Executive Mansion," for building a stable for the use of I am not going to comment on whether the President wanted the President, etc., 00,000, in lieu of the estimate of $00,000, for a similar pur­ the stable or not. I simply call the attention of the committee to pose submitted on page 275 of the Book of Estimates for 1005. Respectfully, the fact, and let the committee and the country decide what R. B. ARMSTRONG, Acting Secretary. was the cause for the suggestion. The Secretary of the Treasury, The SPE.A..KER OF THE HOUSE OF REPRESENTATIVES. in his Book of Estimates, submitted through the Speaker of the House on the 7th of December, called attention to the de ire to wAR DEPA.RTME...~, have a $60,000 stable. ·Thereafter Colonel Symons, who, as I say, Washington, February !5, 1904. is the military attache at the Executive Mansion and general S:rn: I have the honor to forward herewith, for transmission to Congress, manager, comes in with a letter to the Secretary of War. and the an estimate (S"OO,CXXl) of appropriation under the -~nera.l title of "Repairs, fuel, etc., Executive MallSlon," required by the War Department for the Secretary of War writes a letter to the Secretary of the Treasury, service of the fiscal year ending·June 30, 1005. · - and the Secretary of the Treasury Wiites a letter to the Speaker, This estimate is submitted to cover the item for the erection of a stable for which is submitted through the Committee on Appropriations, the use of the President in lieu of the item for like purpose printed in the Book of Estimates, fiscal year 1005, page 275. asking for $30,000 additional to the estimate submitted, making a Very respectfully, WM.. H. TAFT, total of $90,000. Thereafter the same military attache who comes Secretary of War. in and asks for the $90,000 is before the committee and testifies The SECRETARY OF THE TREASURY. to the fact that it is wanted. The CHAIRMAN. The time of the gentleman from Missouri Estimates of approp1"iations required for the se1·vice of the fiscaL yea1· ending June so, 1905, by the Chief of Engineers. has again expired. Mr. HEMENWAY. I ask unanimous consent that the gentle­ WAR DEPAR~'T--PUBLIO BUILDINGS AND GRO"illi"'DS IN WASHINGTON. Repairs, fuel, etc., Executive Mansion- man have five minutes more. For building a stable for the use of the President, the Executive The CHAIRM.AN. The gentleman from Indiana a ks that the Office, and the Office of Public Buildings and Grounds, and the time of the gentleman from Missouri be extended five minutes. purchase of land for the same, in a. location and at a price to be approved by the President (submitted)------$9(},000 Is there objection? [After a pause.] The Chair hears none. NoTE.-In explanation of the foregoing estimate the following copy of let­ Mr. BENTON. I am obliged to thechairmanof the committee ter from the officer in char~e of public buildin~ and grounds, whose views and the committee as well. Now these are the plain facts. The are concurred in by the Chief of Engineers, Umted States Army, is respect­ President may not have known that there was any movemen4; on fully submitted: him $60,000 $30,000 OFFICE OF PUBLIC BUILDINGS AND GROlTh"'DS, foot to build a stable on ground to be pur­ Washington, Feb1-uary 19, 190#. chased. I do not know anything about that; but certain it is Sm: I beg to invite attention to an item in the sundry civil bill for 1905, that it was before the country, and I simply rose to give the state now under consideration, which item is on page 275 of the printed pages cov­ of facts, so that I will not go before the country. humble as I may ering the estimates, and which reads as follows: "For building a stable for the use of the President, the Executive Office, be, with having made a statement with no foundation whatever and the office of public buildings and grounds, on a location in the Presi­ for it. dents park to be selected by the President, $60,LOO." Mr. HEMENWAY. Mr. Chairman, I am sure I had no inten­ A reconsideration of this item is requested. tion of in any way misrepresenting the gentleman from Missow:i. A new stable is very badly needed. A number of the President's best horses have been practically ruined by being kept in the old stables, which are :Mr. BENTON. I acquit the gentleman of that. damp and unhealthy. Mr. HEMENWAY. He is always conscientious in the per­ The estimate of $60,000 is for the construction of new stables either on the formance of his duty. I desire, however, to call attention to the vresent site or on another site farther toward the river on the public land known as the "President's park." estimates which the gentleman referred to on page 274, "Build­ Further considerations and recent developments indicate conclusively that ings in and around Washington in charge of the Chief Engineer.'' it will be a serious miStake to build a new stable on this President's park. The gentleman in charge of the buildings and grounds in and The present site is low and damp and all the available ground farther south is still lower and damper, and out of consideration for the horses the stable about Washington is Colonel Symons. He made an estimate to should not be built on it anywhere. Another consideration is that the west the Secretary of War amounting to, all told, $519,610. The Sec­ side of Seventeenth street, opposite the President's park, will soon be occu­ retary of War cut these estimates by $2 ·~ 0,000, so that the total pied by a row of fine and imposing buildings-the Corcoran Art Gallery, al­ ready built, and the Memoria.lContinental Hall of the D~ughte.rs of ~he Am.er­ amount submitted to Congress was only 299,000; but, in sub­ ican Revolution, and a great quadrangle of the Columbian UmverSity, which mitting the estimate to Congress. he gives all of these items, in­ are planned and are soon to be commenced. It is considered an incongruity cluding the $60,000 for a stable and 60,000 for care and mainte­ to build stables in the President's park directly opposite any of those fine buildings, and woul? in all px:obability be serio~ly objected to l;>yma.~ypeo­ nance of the White House, etc., and does not statewhatparticular ple interested therem. If built, the chances are m favor of their havmg to items the cut should come on. be torn down in a few years. Whether the President of the United States said to the Secre­ In my opinion, therefore, it will be wise in providing for the stables as in­ dicated, to locate them on high land, to be purchased therefor, somewhere in tary of War," I do not want these items," and they constitute a the regions west of Seventeenth street and south of G street. • part of the cut, I do not know. All I know is this: Colonel Sy- 1904. CONGRESSIONAL RECORD-HOUSE. 4063

mons came before our-committee, and naturally we all questioned present site or on another site farthe-r towar.d the rlva on the public land known as the "President's park." him as to the necessity for this stable. We all questioned him as Further eonsiderations and recentdevelocpments indlca te conclusively thai to the necessity for the $60 000 for the White House. Later on it will be a serious mistake to build a new stable on this President's park. Colonel Symons came before our .committee and withdrew tf1e The :present site is low and -da.mp, Ml.d all the avaHable ground farther south is till lower and damper, and out of consideration for the hor es the stablG estimate for the stable. Later on I happened to be at th~ White should not be built on it anywhere. Another consideration is that the wes1i House. and I asked the President if he needed $60;000 to care for side af Seventeenth street, opposite the Preside11t's park will soon be occupied the White House. H e said he did not know; he had not had time by a row of fine and imposing- buildings; the Corcoran Art Gallery, already Memorial Da.ughte~s ~erican go into it, but he would go Later on I w~s there again, built:' and the Continental Hall of the of the to into it. Revolution, and a great quadrangle of the Co1umbian Un-rverBity, which ar~t and he said, "No; I do not want that snm; 35~000 1S amply suffi­ planned and are soon to be commenced. It is considered an incongruity t-o cient. I did not know that Colonel Symons had askedfor 60,000, build sta.hles in the President's park directly opposite any of those fine build­ ings and would in all probability be seriously objected to by many paople and I want no stable." inte~ffited therein. If built, the chanees are in favor of the1r having to be So, upon that statement, I stated in the House yesterday, in ~torn down.in a few years. reply to a.question oythe gentleman from Missouri [Mr. BENTONJ' In my opinion, therefore, it will be wist>, in providing for the stables as in­ dicated, to locate them on high land, to be :purchased therefor, somewher.e .that the President did not want any stable of any kind or descrip­ in th11 recions west of Seventeenth street and south of G street. tion and that $B5 000 was amply sufficient for the car~ -of the I would therefore. recommend that the item of appropriation 'be changed White House. The gentleman from Missouri had a right to say .to read a11 follows: what he did say. He had a right to say that the Committee -on "For building a. stable for the use of the President, the Executive Office, 1 ami the Office of Public Buildings and Grounds, -and the pnrcha e of land for Appl'Opriations would "knock it highe1· than a kite,' if he did the same, in.a location and at a price to be approved by the President, $00,00l.,. say it. The pr-ediction was carried out. It was left out of the 1 have the honor to be, very- respectfully, your obedient servant, T. W. SYMONS, bill, and also the item for the care of the White Rouse was re­ Co1onel, "U. 8. Army, MaJor, Cm'J)s o.f Engineers. duced. It turns out that the President did not want either item. The SPEAKER {)F THE Rous-E {)F REPRESENTATIVES. The Members of this House realiz-e that the President of the (Through the Chief of Engineers and Military Channels.) United States is a very busy man and that these· estimates are Mr. PRINCE. Mr. Chairman. I would like to ask one question .not made by him, but by Colonel Symons, who is in .charge of the of the gentleman from :Missouri [Mr. BENTON]. What is the data public buildings and grounds. I did not say that Colonel Symnns of that letter of estimates to tbe House? did not make the estimate. and in no way reflected {)n the state­ Mr. BENTON. The 7th day of December, 1903. ment made by the gentleman from Mis ami, because he had a J.VIr. PRINCE. And yet no one semns to know about these right to make the statement he did make. The only-thing I did estimates up to the time it comes before your committee. say was that the President did not want this stable and that the Mr. HEMENWAY. Oh, yes; Colonel Symons knows all abon~ President said that $35,000 was amply sufficient for the care of them, and makes them to the Secretary of War,and the Secretary the Wbite House. of War reduced them. Mr. BENTON. Mr. Chairman, I desire to call attention to the Mr. PRINCE. How much does the committee Teduce those fact that after Colonel Symons had testified before the subcom­ same estimates? mittee at another date he did state, but not in my hearing, that Mr. HEMENWAY. We reduced -one from $60,000 to $35,000, he was directed to withdraw the estimate for the stable; and in and we struck the other ont altogether. this connection-I did not have it in my hand a while ago-I de­ Mr. PRINCE. And, as I understand the gentleman from Indi­ .sire to put in as part of my remarks House Document No. 569, ana [Mr. Hlrn:ENWAY], and I think he has stated it correctly, the which contains the letters to which I referred from the Seeretary. President had no knowledge of the amount of the estimate, bui The doonment referred to is as follows: it was made by Colonel Symons, in charge of the public buildings [House Document No. 569, Fifty-eighth Congress, second session.] and grounds. REP AIRS, FUEL, ETC., FOR THE EXECUTIVE llA...~SION. :Mr. HEMENWAY. That is right. Letter from the Acting Secretary of the Treasury, transmitting- a copy of a The Clerk read as follows: communication from the Secretary of War submitting .an estimate of ap­ Power house for public buildings: For the preparation, .by the snperin_. propriation for repairs, fuel, etc., for the Ex-ecutive Mansion. February tendent of the Library building and grounds, of preliminary plans and esti­ :?:7, 100!. refer1·ed to the Committee on Appropriations, and ordered to be mates of cost for the location, construction, and equipment of a power hoTISQ printed. with distn"buting mains for heat, steam, and electric power to the exicmng TREASURY DEP.ARTliENT, OFFICE OF THE SECRETARY, and projected Government buildings on the Mall and in the vicinity of the Washi11gton, February f6, 1904. White Honse, said superintendent to report thl3reon in full to Congress a' Sm: I have the honor to transmit herewith, ror the consideration of Con­ its next session, $5,000. gress, copy of a communication from the Secretary of War, of the £5th in­ stant, submitting an estim~te of appropriation. UJ?.del' the general title of Mr. BADGER. Mr. Chairman, I offer the following amend· "Repairs, fuel, etc., Executive MallSlon," for building a. stable for the use of ment, which I will send to the desk and ask to have read. the President, etc., $90,00}, in lieu of the estimate of 60,000 for a similar pur­ The Cle1·k read as follows: pose submitted on_page 275 of the Book of Estimates for 1005. Respectfully, On page 143, between lines 22 e;nd 23,'insert: For extension and eompletiOll R. B. AR~OYG, Acting Se<:retary. of the Government building at Columbus, Ohio, $3Xl,OOO. The SPEAKER OF THE Hous:m OF REPRESENT.A.TIVES. Mr. HEMENWAY. Mr. Chairman, I make the point of order that that is new legishrtion and not gennane to this portion of wAR DEPARTME~TT, Washington, Fe&ruary ~5, 19CJ4. the bill Sm: I have the bonor to forward herewith, for transmission to Congre , The CHAIRMAN. Does the gentleman from Ohio [Mr.BA.DGER] an estimate ($90,000) of appropriation under the general title of "Repairs, desira to be heard on the point of order? fuel, etc.J Executive Mansion," required by the War Department for the service or the fiscal year ending June 30, 1905. Mr. BADGER. Mr. Chairman, I hope the gentleman from This estimate is submitted to cover the item for the erection of a. stable for Indiana will withhold his paint of order. the use of the President in lieu of the item for like purpose printed in the Mr~ HEMENWAY. I will reserve the point of order. Book of Estimates, fiscal year 1905, page 275. Mr~ it Very respectfully, WM. H. TA.F'I', Mr. BADGER. Chairman, seems to me that this amend­ Sec:retary ofWar. ment is pertinent to this bill. The post-office and Government The SECRETARY OF THE TREASURY. building at Columbus, Ohio, is not a completed building. It is · true that it is used. We have there ground worth over $60,000 Estimates of app1·opriations required for the service of the fiscal year ·ending lying idle alongside of the post-office intended for an extension of June 80, 1905, by the Chief of Engineers. · that building at the time it was erected. We had hoped a bill WAR DEPARTME T. would be reported by the Committee on Public Buildings and PUBLIO BUILDINGS AND GROUNDS IN WASHINGTON. Grounds at this session (}f Co11oo-ress, to wlrich committee a bill in­ Bepa.irs, fuel, etc., Executive Mansion: For building a stable for the use of the President, the Eh.ecutive troduced early in this session has been referred, but no report Office, and the office of public bul1dings and grounds, and the from said committee seems to be in contemplation for this session purchasP of land for the same, in a. location and at a price to be of Congress. The conditions there are absolutely such that they approved by the President (submitted)------$90,00) demand some :action. If it will not take too much time, I have N OTE.-In explanation of the foregoing estimate the following copy of let­ ter from the officer in charg-e of Jl.Ublic buildings and grounds, whose views here a few pages of communications from Secretary Shaw and are concurred in by the Chief of Engineers, United States Army, is respect­ the custodian of the building at Columbus, Ohio, which I would fully submitted: like to have the Clerk read to the -committee. OFFicE oF PUBLic BUILn~as AND GRoUNDs, , Mr. HEMENWAY. Mr. Chairman, I would suggest to the . . . . . Washmgton,. F_ebr-_ua,-y 19• :904. 'gentleman that they be printed by nnanimou:s consent. Sm: I~gtoi.J?.viteat~nt?.on~a.nitemmthesundryle ro: ~e use of the President, the ~ec:ntive Offic~. public business there is in su-ch condition that there is not room and the Office of Public Buildings an.d Grounds, on a location m the Pres1- transact it with dispatch and convenience necessary in such an dent's park to be selected by the President, $60,00)." to . . . . . A reconsideration of this item is requested. office. The mail matter IS delayed and busmess IS obstructed on A new stable is vet:¥ badly !leeded. A_ number.of the President's ~ account of lack of room. This post._()ffice ~t Columbus pays into borses have been practically rmned by bemg kept m the old stables, which the Treasury of the United States nearly $4:00 000 every year more . ~rTt~~~:O~SJi.~ is for the constrUction of new stables either on the than the expense of running that post-office. ' The net incom~ for 4064 CONGRESSIONAL RECORD-HOUSE. MARCH 31, one year will more than pay what is asked for this appropriation. district-not the gentleman at present here-to secure an appro­ Now. why ob trnct that business one year or two years longer? priation in that bill large enough to cover the wants of the situa­ This 'is a matter of real urgency. We have the recommendation tion. There ia land enough for the construction of the building, of the Post-Office authorities, also the Secretary of the Treasury yet the public business which ought to be transacted in that and of the custodian of the building urging the necessity of it. building is cramped, and the greatest possible impediment is put I hope the members of the committee will take this in the spirit in the way of a proper administration of the affairs of those that it is offered, that of broad business expediency. offices. . Look at it from any standpoint you may, as business men, and I join very heartily with the distinguished gentleman who rep­ you will find that the Government not only owes it to the people resents the central district of Ohio, and who has worked· so per­ in that district of Columbus, but owes it to the whole people of sistently for this measure, in urging that, if possible, something the United States in the matter of properly conducting its busi­ may be done to relieve that situation. ness. This is a matter that we are all interested in. It is a The CHAillMAN. The Chair would state that this amend­ matter in which the whole public of the United States is in­ ment, if in order, must be sustained under clause 2 of Rule XXI­ terested, and it is our duty as Representatives to make provision that is, as an expenditure " in continuation of appropriations for for the proper transaction of official business. The officials there such public works and objectsasarealreadyin progress." There at Columbus, all of whom are worthy and competent, are com­ is a great v~uiety of decisions on this subject. It has been held plaining that they are badly obstructed, that there is not room that an appropriation for" anenlargementof the landsandwater enough to go on in the right way and conduct the business as rights of a fish-culture station" was in order as the continuation it should be conducted. This condition is getting worse all the of a public work. So, also, provision for a bridge on a public road time and we must have some relief, and I shall not cease my in the District of Columbia has been sustained. The same may efforts in this line until some relief is obtained. Those who have be said of" the repair of a bridge built at Government expense," not visited the place, who do not understand how poor our facili­ and the construction of" necessary fireproof outbuildings for the ties are in relation to the amount of business that is to be done­ Bureau of Engraving and Printing." without seeing it you can not fully appreciate the condition which On the other hand, in another decision-and it is very hard to exists. The gentleman from Ohio [Mr. GROSVENOR] from the reconcile this with the one just cited by the Chair-it has beeJ1. adjoi.njng district I think understands the situation there, and I held that" the erection of laboratory buildings for the Depart­ would like io hear a word from him on that subject. ment of Agriculture" was not a continuation of a public work. The CHAIRMAN. The Chair would like to ask the gentleman It seems, however, to be a well-established rule in reference to from Ohio [Mr. BADGER] whether this amendment contemplates so-called" public buildings" that they are recommended by the appropriating an amount in excess of the limit fixed on the cost Committee on Public Buildings and Grounds, and a bill is passed by existing legislation-that is, a bill is passed, reported by the fixing a limit. No appropriation can be made in excess of that Committee on Public Buildings and Grounds~ placing a certain limit. The rule seems to be established that although an appro­ limit on the cost of a public building. Is this amount of $300,000 priation has been made for a site, an amendment providing for included in that limit or is it in excess of it? . the construction of the building is out of order; also that an order Mr. BADGER. Mr. Chairman. I think it is not in excess of for a survey does not give ground for an appropriation in an ap­ the amount contemplated at the time the appropriation was orig­ propriation bill. Under these rulings, especially the one last inally made. It certainly is not in excess of the needs and de­ mentioned, the Chair feels compelled to hold that the amendnient . mands of the business transacted and not in excess of what was is not in order. contemplated in the original act for the building and the purchase There might, perhaps, have been another question raised-as to of the land for the same. · . · · · the germaneness of this proposition to the paragraph to which it I certainly hope no point of ordBr will be insisted on by any was offered, but the question having been decided- on other Member to obstruct or defeat this amendment. grounds, it is unnecessary to dwell upon that. The CHAI~MAN. The real question is whether the amount fixed by the bill recommended by the committee is exceeded by MESSAGE FROM THE PRESIDENT OF THE UNITED STATES. this $300,000. The committee informally rose; and the Speaker having re­ Mr. BADGER. I have not the original bill here, under which sumed the chair, a message from the President, by Mr. BARNES, the building was partially erected some years ago. This appro­ one of his secretaries, announced that the President had approved priation is asked in the light of the present condition. and signed bills of the following titles: · Mr. HEMENWAY. There is no authority for a building there On March 22, 1904: at all at this time, so I understand. H. R. 891. An act granting certain lots in Gnadenhutten, Ohio, :Mr. BADGER. There was an appropriation made last year for to Gnadenhutten special school district; $5 000 for plans and specifications. The officers in charge of the H. R. 1956. An act to authorize an exchange of sites for the pub­ w~rk are unable to proceed witliout knowing the amotmt they are lic buildings of Garland County., Ark.; at liberty to use in the erection of an extension of the building. ·H. R. 5511. AnacttoauthorizeregistersandreceiversofUnited The building has never been completed. States land offices to furnish transcripts of their records to iiidi­ The CHAillMAN. The Chair understands, then, that the only vidu~ls; and ·legislation relating to this pu~lic building is ~ provision for mak­ _H. R. 11443. An act to extend the exemption from head tax to ing a survey and the preparation of plans. citizens·of Newfoundland entering the United States. Mr. BADGER. Yes, sir; except as to carrying out the original On March 23, 1904: mtentions as to the building, which was begun nearly twenty H. R. 2193. An act for the relief of David Tweed. years ago when the business was not more than one-fourth of its On March 24, 1904: present v~lume at the Government building, which was left then H. R. 4074. An act constituting Utica, N.Y., a port of delivery, in such shape that the addition contemplated by this amendment and for other purposes; can supplement the former structure. H. R. 14256. An act making an appropriation for fuel for the Mr. GROSVENOR. Mr. Chairman, I do not know but that south wing of the Capitol building; the question of order may be in the way of making this appropri­ H. R. 2477. An act granting an increase of pension to Frank J. ation. I hope not. Columbus is the capital of one of the great McLaughlin; _ States of the Union and is one of the growing and prosperous H. R. 2809. An act granting an increase of pension to John citie of the country. It has at present a Government buil.ding Watt: totally inadequate for any one of the great branches of busmess H. R. 2920 . .An act granting an increase of pension to Daniel W. transacted at that capital. The present building contains the pen­ Huffman·; sion office where there is made the largest disposition, I believe, H. R. 2923. An act granting an increase of pension to John G. of pension' money in the United States-certainly an expenditure Fairchild; · not excelled by more than one other office. There is a collector H. R. 3032. An act granting an increase of pension to William of customs, who does a large business for the central portion of Pittenger; Ohio. There is the branch of the· Internal-Revenue Office, and H. R. 4136. .An act granting an increase of pension to Caleb there is also the post-office of that great city. Then, there is the Arnett; . United States court, with the clerk's office, the marshal's office, H. R. 4.25L Ari act granting an increase of pension to Joseph the United States commissioner's office, and perhaps others. All Hinkle; these public officials are crowded into a space too small for the H. R. 45.26. An act granting an increase of pension to William entire accommodation of the court alone. J. Shepard: . · The people of Columbus and the State were unfortunate, proba­ H. R. 5367. An act granting an increase of pension to Franklin bly in not being included in the bill which we passed nearly two Moore; yea~s ago for the erection of public buildings. At that time the H. R. 5555. An ~t granting an increase of pension to James R. ' attempt was being made through the then Representative of the Hauptly; 1904. CONGRESSIONAL RECORD-HOUSE. 4065

H. R. 5865. An act granting an increase of pension to J oshna H. R. 4994. An act granting an increase of pension to Mary P. Harlan· · Sheets; H. R~ 6025. An act granting an increase of pension to John H. R. 12073. An act granting an increase of pension to Eliza J. Herzo'7 · Gardner; H. R.' 6582. An act granting an increase of pension to Harry H. R. 3035. An act granting an increase of pension to William Haller; . D. Hall; · H. R. 6426. An act granting an increase of pension to David Z. H. R. 5693. An act granting an increase of pensiqn to Joel M. Beidler; · Street; H. R. 6705. An act granting an increase of pension to Edwin A. H. R. 6653. An act granting an increase of pension to Josiah Forman; _ Standley; H. R. 8058. An act granting an increase of pension to William H. ·R. 7221. An act granting an increase of pension to John M. Underhill; Ryan: · H. R. 8376. An act granting an increase of pension to Jonathan H. R. 805. An act granting an increase of pension to George W. J. Smith; and McConkey; H. R. 9583. An act granting an increase of pension to James H. H. R. 2189. An act granting an increase of pension to Henry Hargis. Spindler; On March 24, 1904: H. R. 1575. An act granting an increase of pension to Henry F. H. R. 6494. An act to approve and ratify act No. 73 of the leg­ Davis; islative assembly of the Territory of Arizona. H. R. 5682. An act granting an increase of pension to Charles On March 25, 1904: B. 'H1.mt; H. R. 3565. An act directing the Secretary of War to expend · H. R. 9081. An act granting an increase of pension to Benjamin .$125 , 0 ~ 0 heretofore appropriated for a channel through Sabine F. Miller; Lake,Texas; · H. R. 11227. An act granting an increase of pension to George H. R. 9319. An act providing for the construction of a- bridge W. Walls; across the Red Rh·er of the North at Fargo, N. Dak.; H. R. 10792. An act granting an increase of pension to Frederic H. R. 10058. An act for the relief of Kirby Thomas; Lockley; H. R. 6787. An act to confirm and validate patents to certain H. R. 6501. An act granting an increase of pension to Isaiah lands situated in the Bitter Root Valley. State of Montana, above Robinson, jr.; the month of the Lo Lo Fork of the Bitter Root River; H. R. 1905. An act granting an increase of pension to Elias H. R. 468. An act granting an increase of. pension to Henry Holliday; Chris ~y ; H. R. 729. An act gt·anting an increase of pension to Freeman H. R. 892. An act granting an increase of pension to Abram H. 0. Hodge; Hunt; H. R. 6823. An act granting an increase of pension to Seneca H. R. 958. An act granting an increase of pension to Alfred H. R. Pollard; Rogers; · H. R. 5648. An act gt·anting an increase of pension to Margaret H. R. 3776. An act granting an increase of pension to Alfred I. Herold; Judy; H. R. 8725. An act granting an increase of pension to John A. H. R. 3903. An act granting an increase of pension to George Parker; C. Sherman; H. R. 9741. An act granting an increase of pension to Sarah E. H. R. 5176. An act granting an increase of pension to Alonzo Dale; Dutch; H. R. 3167. An act granting an increase of pension to James H. R. 6022. An act granting an increase of pension to George Littleton; W. Travis; and H. R. 11660. An act granting an increase of pension to James H. R. 7239. An act granting a pension to Lydia 1\I. Hill. Dasson; . On March 28, 1904: H. R. 9789. An act granting an increase of pension to Charles H. R. 3761. An act ceding certain land appertaining to the M. 1\forrison; custom-house at St. Joseph, Mo., for use as a street; and H. R. 1165!. An act granting an increase of pension to Augus- H. R. 8335. An act to amend an act entitled "An act to de­ tus Wagner; . . . ' termine the sassions of the circuit and district courts of the United H. R. 5296. An act granting an increase of pension t:> Horatio States for the eastern district of Wisconsin," approved March M. Price; . 31, 1892, chapter 28. H. R. 12036. An act granting an increase of pension to Jacob On March 28, 1904: Wetzel; H. J. Res. 113. Joint resolution for the printing of 5,000 copies, H. R. 5873. An act granting an increase of pension to Sirbrina with accompanying mapR and illustrations, of the report of the Palmer; governor of New Mexico to the Secretary of the Interior for the H. R. 9390. An act granting an increase of pension to Samuel year ending June 30, 1903, and the printing of 1,000 copies of the Louis Tyner; latest map of said Territory; and · H. R. 8044. An act gt·anting an increase of pension to Seymour H. R. 9791. An act granting a pension to Abram Claypool. F. Burlingame; On March 29, 1904: H. R. 6956. An act granting an increase of pension to Ellis H. J. Res. 133. Joint resolution providing that the bulletins of House; the Bureau of American Ethnology be printed in octavo; H. R. 1285. An act granting an increase of pension to Adam H. R. 199. An act for the relief of John H. McLaughlin; .and Gosage; H. R. 11449. An act to authorize the counties of Sherburne and H. R. 1170. An act granting an increase of pension to Lewis L. Wright, Minn., to construct a bridge across the Mississippi River. Bean; On March 30, 1904: H. R. 8010. An act granting an increase of pension to Josiah B. H. R. 56. An act to authorize the State of South Dakota to se­ Deeter; lect school and indemnity lands in the ceded portion of the Great H. R. 6589. An act granting a pension to Jacob B. Mock; Sioux Reservation, and for other purposes; and H. R. 6432. An act granting a pension to Ellender C. Miller; H. R. 9777. An act granting to the city of Port Angeles, State H. R. 4355. An act granting a pension to Martha A. Day; of Washington, for park purposes, certain portions of the Govern­ H. R. 11557. An act granting a pension to Alfred D. Burtcn; ment reserve in said city. H. R. 11563. An act granting a pension to J nlia A. Allison; On March 31, 1904: H. R. 2110. An act granting a pension to Mary Farrell; H. J. Res. 55. Joint resolution providing for the publication of H. R. 194. An act granting a pension to Mary J. Bradley; the reports of the Board of Managers and Inspectors of the N a­ H. R. 2589. An act granting a pension to Susanna Cosgrove; tiona;l Home for Disabled Volunteer Soldiers for the fiscal year H. R. 5527. An act granting a pension to Frances Reck; ending June 30,1903. H. R. 153. An act granting a pension to Harriet Snyder; ENROLLED BILLS SIGr-.'"ED. H. R. 10576. An act granting a pension to Lulu E. McKee; H. R. 4997. An act granting a pension to Franklin B. Lippincott; Mr. WACHTER, from the Committee on Enrolled Bills, re­ H. R. 2491. An act granting a pension to Larkin Maynard; ported that they had examined and found truly enrolle.d bills of H. R. 4990. An act granting a pension to Georgia R. Demarest; the following titles; when the Speaker signed the same: H. R. 12805. An act granting a pension to Margaret J. Snook; H. R. 1~036. An act granting an increase of pension to Kezia H. R. 9996. An act granting a pension to Henry Mason; Cherry; · H. R. 2121. An act granting a pension to Gertrude Merrill; H. R. 10209. An act granting an increase of pension to Mar­ H. R. 9990. An act granting a pension to John Bartmann; garet Delaney; H. R. 2122. An act granting a pension to Orlo H. Lyqn;

X.XXVIII-255 4066 CONG_RESSIONAL REOORD-HOUSE. MARCH 31,

H. R. 11074. An act granting apension to Merritt R. Simpson; H. R. 7353. An act.granting an increase af pension to William H. R. 3266. An act granting a pension to James M. Simms; H. Schreiner; H. R. 7778. An act granting a J>ension to Frank H. Clark; H. R. 11428. An act granting an increase of pension to Augustus H. R. 3902. An act granting a pension to Martha J. Derring- Fellows; ton: H. R. 7754. An act granting an increase of pension to Jeremiah H. R. 1519. An act granting a pension to Thomas P. Moore; 1\Iyers; H. R. 11575. An act granting a pension to Abel N. Button; H. R. 8{-82. An act granting an increase of pension to John C. H. R. 11562. An act granting a pension to Lucretia Davis, for- Foo£; merly Hamilton; H. R. 4798. An act granting an increase of pension to .Margaret H. R. 7500. An act granting a pension to Mary E. Springer; F. Harris; H. R. 4330. An act granting a pension to Catherine Tully; H. R. 9820. An act granting an increase of pension to Vincent H. R. 9862. An act granting a pension to 1tiary Yaw; Anderson; H. R. 4H:1. An act granting a pension to Mary Shiver; H. R. 1438. An act granting an increase of pension to Corinne H. R. 11313. An act granting a pension to Anna C. Ray; Tolman; H. R. 11616. An act granting a pension to August Bockerman; H. R. 7411. An act granting an increase of pension to Matthew H. R. 11906. An act granting- a pension to Margaret Jones; Caldwell; H. R.12436. An act granting a pension to Ida E. Nerbe:r: H. R. 4634. An act granting an increase of pension to Randolph H. R. 4874. An act granting a pension to Charles V. Billig; T. Stoops· H. R. 4599 . .An act granting a pension to Ella F. Whitehead; H. R. 4968. An act granting an:inc.rease of pension to Robert E. H. R. 4623. An act granting a pension to Electa L. Willard; Clary; H. R. 10267. An act granting a pension to Florence R. Russell; H. R. 1515. An act granting a pension to Lucy Warren; H. R. 12439. An act granting a pension to Lydia Gavett: H. R. 10179. An act granting an increase of pension to William H. R. 3033. An act granting a pension to James M. Hurley; H. Bell; H. R. 4539. An act granting a pension to Jane E. Tatum; H. R. 6880. An act granting an increase of -pension to Charles T. H. R. 2371. An act granting a pension to Sarah J. Herman; Preston; H. R. 2490. An act granting a pension to John Maynard; H. R. 8025. An act granting an increase of pension to James H. R. 5395. An act granting a pension to Mattie Aten; Payton; . H. R. 9398. An act granting a pension to John Lindsey; H. R. 6249. An act granting an increase of pension to FTederick H. R. 11229. An act granting a pension to Francis M.. Good; J. Fairbrass; H. R. 9709. An act granting a pension to Louis De Witt; H. R. 8078. An act granting an increase-of pension to William H. R. 7726. An act granting a pension to Jasper N. W. Rogers; J. Mosier; H. R. 9117. An act granting a pension to George T. Young; H. R. 2855. An act granting an increase of pension to John W. H. R. 12417. An act granting a pension to Hiram Pa1:ker; Hill· H. R. 9801. An act granting a pension to Jane McNeil; H~ R. 6258. An act granting an increase of pension to Theodore H. R. 4941. An act granting a pension to Mary J. Wilson; C. Putnam; H. R. 7394. An act granting an increase of pension to Amelia H. R. 6563. An act granting an increase of pension to John Bar­ Hutchins; ragar; H. R. 8050. An act granting an increase of pension to John I. H. R. 8789. An act granting an increase of pension to George Lose; K. Knowlton; H. R. 64:20. An act granting an increase of pension to Fre<}erick H. R. 6271. An act grantinganincreaseof pension to Catharin& Mehring; M. Wonderly; H. R. 742. An act granting an increase of pension to George W. H. R. 5824. An act granting an increase of pension to Casper J. Darrah; Schoer; H. R. 7066. An act granting an increase of pension to Elizabeth H. R. 9756. An act granting an increase of pension to Jesse T. B. Constant; Bennett; H. R. 9581. An act granting an increase of pension to Henry ~H. R. 4252. An act granting an increase of pension to George W. Lloyd; M. Gibbons; H. R. 10935. An act granting an increase of pension to Rebecca H. R. 10171. An act granting an increase of pension to Josiah Mayo; H. Tyack: H. R. 10399. An act o ·anting an increase of pension to Francis H. R. 2852. An act granting an increase of penBion to Abraham Marshall; J. Yeomans; H. R. 2928. An act gTanting an increase of pension to Daniel H. R. 9592. An act granting an increase of pension to William Bushman; H. Steinmann; H. R. 790. An act granting an incTease of pension to Oliver· A. H. R.11558. An act granting an increase of pension to James Filman; B. Luckey; - H. R. 1528. An act granting an increase of pension .to Charles ·H. R. 1176. An act granting an increase of pension to George C. JoTalemon; W. Kimble; H. R. 133. An act granting an increase of pension -to James W. H .. R. 3027. An act granting an increase of pension to William Smith· H. Vickers; H. R. 4889. ·An act granting an increase of pension to Henry C. H. R. 8387. An act granting anincTease of pension to Emma R. Beltz; Wallace; H. R. 620. An act granting an increase of pension to George D. H. :J;t. 967. An act granting an increase of pension to Nicholas Boyd; Gruber.; H. R. 7568. An act granting an increase of pension to Albert H. R. 11845. An act granting an increase of pension to David CostiO'an· C. McVicker; H. R. 10264. An act granting an increase of pension to Lewis C. H. R. 9726. An act granting an ·inorease of pensio:ll to John Amberg; McEliece; H. R. 5091. An act granting an increase of pension to William H. R. 6824. An act granting an increase of pensiOL w Benja­ Kennedy alias Leonard; min Manning; H. R. 7501. An act granting an increase of pension to Emily H. R. 7308. An act granting an increase of pensim1 to Lucius Catlin; E. Mills; H. R. 1179. An act granting an incTease of pension to Jasper H. R. 2914. An act granting an increase of pension to Charity Richey; M. Farmer; H. R. 12550. An act granting an increase of pension to Emma R. H. R. 9392. An act granting an increase of pension to Margaret Lamb; J. Robbins; · H. R. 936. An act granting an increase of pension to William H. R. 2862. An act granting an increase of pension to Henrietta Millian: A. Pryce; and H. R: 3806. An act granting an increase of pension to George H. R. 5476. An act granting an increase of pension to William H. Sweet; Davis. H. R. 8611. An act granting an increase of p;Emsion to Charles SUNDRY OlVlL APPROPRIATION BILL. W. De Motte; H. R. 8287. An act granting an increase of pension to Abram T. The committee resumed its session. Carney; . The Clerk read as follows: H. R. 9979. An act granting an increase of pension to EZTa For printing and binding for Congress, including the proceedings and. d.e· Nichols; bates, and for rent-a, $3,035,64..5.82. And printing and binding for Congre chargeable to this apnropriation, when recommended to be done by the Com• H. R. 5855. An act grantinlt an increase of pension to Herbert mittee on Printing of either House, shall be so recommended in a report con M. Blackwell, alias Levi W . .Moar; ta.ining an approximate estimate of the cost thereof, together with a state- 1904. ·cONGRESSIONAL RECO.RD-HOUSE. 4067

ment from the Public Printer of estimated approximate cost of work pre­ some force in his suggestion relative to the size of the type; but viously ordered by Congress, within the fiscal year for which this appropria­ tion is made. we are met on the other hand by what certainly is an abuse of the RECORD. Mr. PERKINS. Mr. Chairman, I move to amend by striking Of courRe the RECORD should contain a report of all that is said out the last word. I do not propose to offer any amendment seek­ by Members, all that is pertinent to what they say; but there are ing to reduce the amount of the appropriation for publjc print­ dumped into this RECORD hundreds, and probably in the com·sa ing; but I wish to say that I think it is not right that the cost of of a session thousands, of pagas containing newspaper articles, the printing of the Government in the com·se of ten years should extTacts from books, matter which, as the gentleman from Illi­ have grown from a little over $2,000,000 to $6,000,000. nois well knows, ought not to be put into the CoNGRESSIONAL Mr. Chairman, we hear much of the money taken from the RECORD at all; and any endeavor to improve the efficiency of the public Treasury by corruption. The loss from that source is RECORD in this regard is somewhat discouraged by the undue small when compared with the amount taken, not by corruption, increase in the bulk of it, by an unfail· use of it as a means of dis­ but by inefficiency. There is this difference between a public en­ tribution, not of the proceedings of Congress. but of the views of terprise and a private enterprise: In a private enterprise there is anybody onany subjectthatanyMemberthinks may be pertinent constant endeavor on the part of the responsible officers to dimin­ to something that he himself advocates. ish the cost of the transaction of business; in public enterprises Mr. MANN. I fully agree with tlre gentleman, but I wish to the case is different. ask him, Would it not be possible for the Committee on Printing I do not believe, 1\fr. Chairman, that the expenses of printing in to have the conference reports, at least on the big bills, printed in connection with the great Departments of the State, if they were larger type? regulated by the same desire to keep down expenses to the lowest Mr. PERKINS. Yes, that could be done. point, would in the course of ten years have doubled. Mr. :MANN. So that they could be read. I think we have reason to complain that the heads of the vari­ Mr. BENTON. Mr. Chairman, supplemental to what the chair­ ous bureaus, charged with no special responsibility, instead of man of the Committee on Appropriations [Mr. liEMEl\\.V.A.Y] has seeking to keep down to the lowest practical amount the cost of said, and in some sense as a defense of the Committee on Appro­ necessary printing in connection with the administration of their priations, I desire to say that we act upon estimates that come bureaus have allowed it to grow without intelligent supervision. from the various Departments to the committee, and except as I believe, Mr. Chairman, though I shall offer no amendment to we have had experience on fm"IDer bills we must of necessity de­ this bill, that if the demands made in behalf of the various bu­ pend upon the suggestions made to us by the heads of Depart­ reaus and Departments were reduced by 20 per cent the amount ments. remaining in the hands of intelligent men would be sufficient to We try to appropriate all that is necessary. It is not the desire satisfy all the legitimate and necessary expenses of the various of the committee to be extravagant, and we frequently are satis­ Departments for public printing. fied in our own minds that we are called upon to appropriate sums of And I believe, Mr. Chairman, that if an intelligent committee, money larger than we think necessary; but we have no testimony a committee that had time for the examination, 'Yere appointed, before us except the statement of the officials of the various De­ with authority to examine and revise the system, the necessary partments. cost of doing the work in the various Departments of this Govern­ Mr. PERKINS. I would like to ask the gentleman from Mis­ ment, with results equally efficient and equally satisfactory to the souri if the chief of some bureau makes a request of the Commit­ country and to the needs of the Departments, could be easily tee on Appropriations which, in the judgment of the committee­ obtained at a cost to the public Treasury of $5,000,000 instead of the reasonable judgment of the committee-is more than he should $6.000,000. ask, has not the Committee on Appropriations the right, has it Mr. Chairman, I withdraw the formal amendment. not the cout·age to cut down that request? That is what it is there Mr. HEMENWAY. Mr. Cha.irman, I find' that in 1894-ten for. · years ago-we appropriated about $3,500,000 for printing. That Mr. BENTON. Yes; and we cut this bill down over $17,000,000 covered the whole item of printing. About that time a commit­ from what it was last year. But, just in this connection: permit tee investigated the matter. I think that committee was com­ me to say that if I am rightly infm"IDed the gentleman himself posed of the Printing Committee of the House and the Printing belongs to the very committee that ought to make an investiga­ Committee of the Senate. They brought in a bill, and we passed tion of the Printing Office· and ascertain whether or not they are some legislation upon their recommendation. It seems that the asking for more money than they ought to. investigation and the recommendation resulted in these large in­ Mr. PERKINS. We have no jurisdiction over appropriations creases, until now, for printing and binding for Congress, includ­ except for the special reports ordered by the House of Represent­ ing the debates, and for rents, the sum of $3,035,645 is paid. In atives. other words, over $3,035,000 of this item is for Congress alone. Mr. BENTON. Is it not your duty to examine the Public So we are spending nearly as much money now for our own print­ Printer ancl officials from the Printing Office and ascertain and · ing as was paid for the. printing for the whole Government ten bring out the facts as to whether or not they are spending too years ago. much money there? The balance of this money is distributed between the different Mr. PERKINS. We have no right to go to the Treasury De­ Departments, all, as I understand, under law. But I agree with partment and ask the manner in which they are spending the the gentleman that there is a world of unnecessary printing done, money allowed for printing. I could go there, as any man could and I suggest that the Committee on Printing, which is the proper go there, or any Member could go. and ask as a mere matter of committee, investigate this matter during the recess, so that at courtesy, but they would have a perfect right to say," You have the next session of Congress they may be able to suggest to the no jurisdiction over me; you have no business here, and I shall House some remedy by which we can save at least a portion of decline to answer your questions.'' this money for printing. Mr. HEMENWAY. Will the gentleman allow me to ask the Mr. MANN. :M:r. Chail"IDan, if the gentleman will pardon me, gentleman from New York a question? while this question is before the House I should like to make a The CHAIRMAN. Does the gentleman from Missouri yield to suggestion which is not in the line of decreasing the cost of print­ the gentleman from Indiana? ing, but tnayincrease it some. It seems to me a very queer thing Mr .. BENTON. I yield to the gentleman for the purpose of ask­ that Congress will print a RECORD in which it prints some of the ing the gentleman from New York a question. most important matters in such small type that no one can read Mr. HEMENWAY. Is it not the duty of the Committee on it without injm-y to the eyes. Take a conference report that I Printing to ascertain whether or not the laws governing printing happen to have before me. It is p1·inted in such small type that ~re properly carried out? Is it not part of the duty of that com­ I dare say not one-third of the membership of this House can mittee at all times to keep in view the legislation in regard to read it without their eyes being so tired when they get through printing, to keep a watchful. eye over its enforcement, and to see that they are materially injured. If tl;le gentleman from New whether or not it is properly carried into effect? York [Mr. PERKINS], who is such a very capable member of the Mr. PERKINS. The general law, Mr. Chairman~ has nothing Committee on Printing, will increase the efficiency of the print­ to do with it. The general law directs the publication of a certain ing of the RECoRD, otherwise perfectly printed, by having the number of documents and reports, and over them that commit­ type of a proper size for reading, it will be a change that will be tee has perhaps jurisdiction. But the Post-Office Departm.ent, greatly appreciated. There is not another publication on earth for instance, which demands and receives $400,000 from the Com­ intended for reading which would use the small type that is used mittee on Appropriations for the purpose of printing, does not for matter quoted in the CoNGRESSIONAL RECORD. receive that under any general law. It receives that as part of Mr. HEMENWAY. I agree with the gentleman. The con­ the appropriations necessary for the operation of that office, and ference reports ought to be printed in type that can be read, and over that we have no more jurisdiction than has the Committee when conference reports are made to this House they ought to be on Military Affairs. . printed as the reports from committees are printed. Mr. BENTON. Well, Mr. Chairman, if the position of the gen­ Mr. PERKINS. I would say in answer to the suggestion of tleman be correct, I believe that there ought, at the beginning of the gentleman from illinois [Mr. MANN] that there is certainly the next session, to be a special committee appointed by the ,_

4068 CONGRESSIONAL RECORD-HOUSE . . MARCH 31,

Speaker to investigate these Departments, having the power to money appropriated by this or any other act, shall have conspicuously send for persons and papers, and get right d<;>wn to the bott~ painted thereon at all times the full name of the Executive Department or other branch of the public service to which the same belong and in the serv· of the complaints that are made. The Comm1ttee on Appropna­ ice of which the same are used. tions does examine and cross-examine persons from. the Depart­ Mr. MANN: Mr. Chairman, I reserve a point of order to that ments, and we are compelled at last to take the estrmates. ma~e by the Departments, cutting them down as far as we can mtelli­ paragraph. . gently after we have taken the statements of the persons appear­ :MI. HEMENWAY. Before the gentleman makes the pomt o! ing before the committee from those Departments. . . order I want to move to strike out three words. The CHAIRMAN. The time of the gentleman from ::M1ssoun The CHAIRMAN. The gentlem.anfromlndiana is recognized has expired; the pro forma amendment is again withdrawn; and to move to strike out three words, and the gentleman from Illi­ the Clerk will read. nois reserves the point of order. The Clerk read as follows; . :rur. HEMENWAY. I want to perfect the paragraph, and then For the War Department, $'239.500, of which sum $12,000 shall be for the the point..of order can be made. Index Catalo~ue of the Library of th~ Surgeon-General's Oftlce. MI. BAKER. Mr. Chairman, I desire to offer an amendment. Mr. MANN. I reserve the point of order on that item. I would The CH A IRJ\fAN. The Chair will state to the gentleman from · like to hear an explanation of it. It is the item appropriating New York that he can offer his amendment now for the informa-­ $12,000 for an index catalogue for the library of the Surgeon-Gen­ tion of the committee, but the point of order must be first decided eral s Oftice. before the amendment can be considered rernlarly. The CHAIRMAN. The gentleman from illinois reserves the Mr. HEMENWAY. Mr. Chairman, Imove to strike out thft point of order on the paragraph in lines 13 to 16. . last three words in line 19, so that the provision will apply to thil Mr. MANN. I would just like to know what this 18 for. It act alone and not to any other act. seems like a very large sum for an index catalogue. The CHAffil\IAN. The Chair thinks it will fadlitate mattert Mr. HEMENWAY. Well, I can not give any better explana­ if the point of order is first decided. tion of this item than to state that it is an index catalogue for the Mr. HEMENWAY. If the point of order was decided against hl>rary in the Surgeon-General's Office. this provision, I would offer an amendment that would strike out Mr. MANN. What does this mean? Ia this an index of a the three words. library there as large as the Library of Congre ? Mr. MANN. Ask unanimous consent. Mr HEMENWAY. It is not quite that large. Mr. HEMENWAY. I ask unanimous consent that I may offer Mr: MANN. Twelve thousand dollars is an immense sum for an amendment to strike out the last three words. an index catalogue. The CHA.IRM.AN. The gentleman from Indiana asks unani ~ Mr. HEMENWAY. It is an immense library, and we are ad­ mons consent that he may offer an amendment that the last three vised that it is of great value to the medical profession generally words in line 19, "or any other," may be stricken out. Ia then of the United States: . objection? There was no objection. Mr. MANN. Of course an index catalogue, as Lunderstand, IS not a printed book. The amendment was agreed to. Mr. PERKINS. It is a large vQlume. . . Mr. BAKER. I hope, Mr. Chainnan, that the gentleman will Mr. MANN. Is it an index card catalogue or 18 1t a book? withhold his point of order until my amendment is read. Mr. PERKINS. It comprises- a number of volume~. The CHAIRMAN. The nerl question is a point of order. No :Mr. HEMENWAY. It might be a book or a card mdex, but I amendment can be offered at this time except for the information understand that this is a book. . of the committee·. The Chair thinks that the paragraph in its Mr. MANN. Can the gentleman from New York g1veus any present form .is objectionable as a change of existing law, and the point of order must be sustained. information as to this appropriation? . I 1?-Bually fin~ tJ;tat when you rea~h the bottom of ~hese appropnations for prmting there Mr. HEMENWAY. Mr. Chairman, I offer the following. is reason for them every time. The Clerk read as follows: Mr. PERKINS. I will state, Mr. Chairman, that-when my at­ SEc. 3. No part of any money appropriated by this a.ct shall be used .for purch..'l.se, mamtaining, driving, or opsrating any ~arria~e or other v~cle tention was first called to the approp~iatio~ of. $12,000 I was other than those authorized for-personal purposes m section 2 of the l gJsla- rather surp1-ised. I found on further mvestigation, b~th from 1iva, executive, and judicial appropriation a.ct for the fiscal year 1005, unless physicians and at the Library of Congress, where there 18 a copy th same shall have conspicuously painted thereon a.t all times ~e full na.~e of the Executive Department or other branch of the public serviCe to which of the book that the index forms-several large volumes. I was the mme belong and in the service of which the same are used. informed by physicians, to whose opinion I should pay. heed, that it was really a thing of very large value to the profess10n. I un­ Mr. MANN. Mr. Chairman, I reserve the point of order upon derstand that there is nothing else in the country that corresponds the amendment long enough to inquire whether this is merely a limitation on this appropriation bill. to it. I confess I was my_self convinced ~ha~ it probably was a proper, although it seems a large, appropnabon. . Mr. HEMENWAY. Mr. Chairman, I hope so; but T wish the Chair would pass upon the point of order. Mr. MANN. I would like to ask somebody who got up t~s index catalogue? We have had a number of contests about this Mr. TOWNSEND. Ml:. Chairman, I move to strike out the last word. sortr of thing, and we gene1·ally find tha~ tw?-third~ o~ the ap­ to propriation goes to pay some one for serVIces m ge~~ It up. The CHAIRMAN. The Chair would suggest the gentlEman Mr. HEMENWAY. This is not the first appropnation; It has from Michigan that it is appropriate first to pass upon the roini been going on for many years. of order. The Chair would like to ask the gentleman from Indiana HIDIE:NW Mr. MANN. Does the gentleman from Indiana say that.w~ have [Mr. A.Y], chairman of the Committee on Appropriations, just what is meant by this: "Other than those authorized for per­ been appropriating $12,000 ~ year for many years for this mdex? Mr. HEMENWAY. I will say to the gentleman­ sonal purposes in section 2 of the legislatiYe executive, and judi­ Mr. GAINES of Tennessee rose. cial appropriation act for the fiscal year ending June 30, 1905." Is The CHAIRMAN. The Chair will state to the gentleman from it meant to exclude those from the operation of the amendment? Tennes ee that two gentlemen are now occupying the floor. Mr. HEMENWAY. In that act the President, his secretary, and the Cabinet officials are permitted to use carriages for their Mr. HEMENWAY. I want to sa~ t? the gentle~~ from illi­ personal purposes. nois in reply to his quest~on that th18 18 all for prmting, and no one is employed out of this sum. . The CHAIRMAN. Then that is already existing law, and those vehicles are excluded from the operation of thiB act? Mr. MANN. I will withdrawthepointoforder, Mr. Chaum~. Mr GAINES of Tennessee. Mr. Chairman, I move to strike Mr. HEl\IENWAY. They are. . out the last word. I would like to ask the chairman of the com­ The CHAIRMAN. The Chair is ready to rule upon this, unle mittee how many volumes are in this library of the Surgeon- some one desires to be heard. The Chair thinks that this do .s not change existing la~, that it is merely alimitatio_n. .It would General? . . . Mr. HEMENWAY. I have no idea; 1t m a very large library. seem that this le!rlslative body was very much lacking m power Mr GAINES of Tennessee. Is it in the Navy building? if in making an :ppropriation, it could not impose a condition to Mr: HEMEN-WAY. Oh, no; this is the Surgeon-General's the effect that carriages used for public purpos~s s!J.all have a des­ ignation upon them to that effect. The <;Jharr 18 not rea;dy_ to Office. to · d _.., Mr GAINES of Tennessee. What do you propose m eAS think that any parliamentary rule makes thi~ other than a lim1ta tion, and overrules the point of. order. The gentleman from New Mr: HEMENWAY. Just what this says-the index catalogue York is recognized. ofthelibrary in the Surgeon:-~eneral's Office. .~..ltho:ngh I a?ll not an authority, I understand It m the finest medical library m the Mr. BAKER. Mr. Chairman, I ask for the reading of my amendment. I offer it to the paragraph as it stands, as amended world. . n The Clerk read the last paragraph of the bill, as fo ows: by the gentleman from Indiana [Mr. HEID:NWAY]. The Clerk read as follows: SEc. 3. That all carriages and other ve~cles. used ~ th public !3e~ce, other than for V8I ona.l purposes, as authonzed m seot10n 2 of the legiSlative, After the words "conspicuously painted thereon" insert- the following1 executive and Judicia1-!Er,~~pri&tlon act for the flsca.llear 1905, the expenses "in letters oi not less than 2 inches in length;" so as to read as follows: tor purcb.S.se, or main · , driving, or operating o "\fhlclr are"llaid from .. Shall have conspicuously painted thereon, in letters of not les.e than 2 1904. CONGRESSIONAL RECORD-HOUSE. 4069 inches in length, at all times, the full name of the Executive Department or all debate on this section 3 and amendments thereto bo closed in other brnnch of the public ervice to which the same belongs, a.nd in the serv­ ice of which the same is used." five minutes. The motion to close debate was agreed to. Mr. PAYNE. Mr. Chairman, I would like to ask the gentle- Mr. GAINES of Tennessee. I call up the amendment which I man a question. sent to the desk. It was to insert a new section to provide for The CHAIRMAN. Does the gentleman yield? the transportation of United States notes. Mr. BAKER. Yes. The CHAIRMAN. That will not be in order until the vote is Mr. PAYNE. Why does not the gentleman in his amendment had upon the two amendments which have been offered to the regulate the height as well as the length of the letters? pending section. The gentleman from Michigan [Mr. ToWN­ Mr. BAKER. If the leader of the majority will explain what SEND] is recognized. he means by " the height as well as the length," I will answer Mr. TOWNSEND. Mr. Chairman, since the post-office bill his question. ·• was disposed of the other day my attention has been called to a Mr. Chairman, the purpose of this amendment is to prevent the matter which I desire to present to the House at this time. As I use of public carriages for private social calls. understand, under the law of 1900 the contra ts for star-route I Mr. Chairman, the reason that I offer this amendment is this: service have been let only to men living upon the routes. The ( The use of public carriages here in the city of Washington by object of that provision, a-s I understand, was to do away with a minor officials, by chief clerks, and deputy chief ·clerks-or any­ system which had prevailed under which a few men obtained a body else, apparently-has become a public scandal. I am well large number of contracts and then sublet them, thereby making aware that the matter has been somewhat corrected, and it is a large amount of money to the detriment of the Government. probably true that to-day the scandal is not so open and general I have visited the office of the Second Assistant Postmaster-Gen­ as it was prior to the commencement of the session; but even to­ eral and called his attention to the fact that to some extent, day, as I am informed, there are men in the public service who at least, the law has been violated, if not in letter, at least in are not heads of Departments. who are in no sense under any rea­ spirit. eonable construction of the duties of their office called upon to 1 have in my possession the correspondence between a gentle­ use these public carriages, who are using them, and they are man living in the Second district of Michigan and a gentleman using them largely for their own personal comfort. They are who lives in Washington, the latter of whom, prior to the act of not using them in the public service. They are being used by 1900, ohtained many of these contracts. This correspondence their families for social purposes. shows that the gentleman who tt>ok a contract of this kind, ·or I have even been informed by a thoroughly reputable• gentle­ supposed he was taking it, from the Government to carry the man in this community, the representative for many years here mail on a certain route for $175 a year signed a contract in blank, on one of the great newspapers, that one of these carriages is which was afterwards filled in at $234 per year, and that the gen­ used in th~ way: After the gentlema.n for whose use the carriage tleman who had heretofore contracted for, the carrying of the is maintained has been driven to the Department where he is em­ mail obtained a power of attorney from the gentleman who car­ ployed, the carriage goes back to the boarding house where he is ried the mail upon this route and then took into his possession the stopping and the mistress of that boarding house gets into this checks which were to pay the man who had done the work. public carriage. supported out of the public funds, and drives I call the attention of the House to this fact. because it seems down to the market, the public market-not public 1n the sense to me the purpose of the law of 1900 is not being complied with of being supported by the public funds-and there purchases pro­ in every particular. I believe that this matter should be investi­ visions for her boarding house, takes them back in the public car­ gated. I believe that the men who have put in their bids-this riage. and then, when she has performed that little necessary part man in pa:diicular, who put in his bid to carry the mail on that in her domestic arrangements, goes out on a general shopping ex­ route for 175 a year-were bidding what the work was worth; pedition. After she is done with this, and her daughter, who is and if the Government pays $234 for that service, the man who employed in the Department to which this carriage is supplied, is actually does the work should be the one to receive the compen­ through with her labors, the mother and daughter together use sation; and if there is to be a deduction in the pay the Govern­ the carriage for private and social calls. ment should have the benefit of it. If my amendment is adopted and 2-inch letters are painted con­ I re"ognize, Mr. Chairman, that this is not the proper place or spicuously on these carriages they won't be used for social calls. time to call attention to this matter; but I did not know of these It would rather'' take the shine off" the social call if made in a circumstances at the time when it would have been proper for c~iage so plainly marked as to show it was a public vehicle and me to make this statement with the view of accomplishing some­ not a private carriage. Now, this may be a small matter. It is thing direct. I am satisfied that the best interests of the Gov­ not a small matter. Not a great principle, but nevertheless a ernment demand that mail contracts should be made dii·ectly principle is involved in this, and that it is the principle which with the mail can-ier, and no broker is needed in the business. seems to obtain in nearly all of the great Departments of the In 1900 the Congress believed that the ~ood of the Post-Office De­ Federal service that if you only have the power to do it yon shall partment required the change in letting star-route contracts and use the public service for your private benefit. The idea seems forbade the letting to per ons not living on the route. It was to be that the community shall pay an individual to do a public hoped that thousands of dollars could be saved to the Govern­ service, but that in the exercise of the powers that he possesses ment by doing away with the custom of letting contracts to a under the duties of his position he shall so use them as to minis­ man who would sublet at a lower price. Is it possible that the ter to his private comfort after the hours of public service are beneficial results of such a change are nullified and lost by a pal­ over. pable trick under the guise of a power of attorney? Is it possible Mr. GAINES of Tennessee. Mr. Chairman, wHl the gentleman that Smith, under authority of hundreds of powers of attorney permit an inten-uption? can do what it is illegal for him to do directly as a party to th~ The CHAIRMAN. Does the gentleman yield? contract? Mr. BAKER. Yes; but remember I have only five minutes. I insist, Mr. Chairman, that this matter appeals to me with Mr. GAINES of Tennessee. Do the letters the gentleman pro- sufficient force to command my investigation, and I ask the coop­ P,9Ses to put on these carriages shine by night as well as by day? eration of the House to the end that the wrong , if one shall be ,.{_Laughter.] found to exist, be corrected, and if the Department has been im­ Mr. BAKER. If I had my way, there would not be any such posed upon the guilty parties shall be exposed and the Post-Office public carriages. The letters would not shine at all, nor would Department protected against further wrongs. I make no charges the carriages; hp.t I recognize that with the disposition of the gen­ of wrongdoing at this time, for I have not sufficient information tlemen on the other side, in the expenditure of public funds there upon which to base the charge, but I do know of one instance .is no hope of getting through any a.mendm~nt to this bill or any where the law of Congress has been evaded: and if one, then prob­ 1aw which will abolish this whole system of public carriages ex­ ably there are others, and possibly many others. -eept so far as to supply Cabinet officers. The CHAIRMAN. The question is now on the amendment of Now, the idea that is at the bottom of this is" graft!" It is the gentleman from New York [Mr. B.!.KER] to tlle amendment small graft, it is true, but nevertheless it is graft. It is such a of the gentleman from Indiana [Mr. HEMENWAY). use of public funds, as I say, as will minister to the private com­ The amendment to the amendment was rejected. fort of these employees. It is practically taking the public money Mr. SULZER. Mr. Chairman, I should like to recur to page 9 ~d using it for private ends, just the same as though $10 had of the bill- been taken out of the public Treasury. Now, the idea of " graft " The CHAIRMAN. The Chair will state that while the ques­ seems to permeate the whole public service, and we need to strike tion is pending upon the amendments aheady offered the request at the little evidences of graft just as much as we have to strike is not in order. The question now recm·s to the amendment pro­ at the big evidences as they have been shown in the post-office posed by the gentleman from Indiana [Mr. HEMENWAYJ as a sub­ frauds. I hope the amendment will prevail. stitute for section 3. Mr. HEMENWAY. Mr. Chairman, I move that all debate on The amendment was adopted. this section and amendments thereto be closed in five minutes. Mr. HEMENWAY. I offer as a new section the amendment The CHAIRMAN. The gentleman from Indiana moves that which I send to the desk. 4070 OONGRESSIONAL REOORD-HOUSE. MARCH 31,

The Clerk read as follows: dirty money that is sent in. The trouble about the whole matter, On page 148, after line 23 insert the following: and the reason why the financial arteries of the country are filled "SEC. 4-. That the annual compensation of officers, agents, and employees of the United States for serv-ices rendered subsequent to Jnne 30, 1904, shall with this foul money, is that the sender must pay for sending it to be divided into twelve equal installments, one of which shall be the pay for the Treasury and sending it back. On the main lines of the ex­ each calendar month: and in making _payments for a fractional part of a press companies the charge is 20 cents each way per thousand month one-thirtieth of one of such installments or of a monthly compensation shall b-athe rate to be p::Ud for each day. For the purpose of computing such dollars, and on the side lines it is 60 cents each way per thousand compens..'\tion each and o>ery month shall be. held to consist of thirty d?YS dollars in some sections, and beyond the Mississippi it is 75 cents without regard to the actual number of days m any month, thus excluding each way per thousand dollars. Banks pay that and individuals the 31st day of any month from the computation and treating February as I if it actually had thirty days." pay that. Now, will quote the law again: When any United States notes retm·ned to the Treasury are so mutilated The question b3ing taken on the amendment of Mr. HlrnENwAY, or otherwise injured as to be unfit for use- it was agreed to. And th.ose are, in substance, the words of the amendment that Mr. UNDERWOOD. Mr. Chairman, while the Chair was put­ I offer- · ting the question I sought the fl.oor in order to get information as the Secretary of the Treasury is authorized to repla(.! e the same with others to the proposition just adopted. I presume it is all right. of the same character and amount. Mr. HEMENWAY. All there is of it is that it will save a The CHAffiMAN. The Chair would like to ask the gentleman world of time in keeping the accounts at the Departments. The from Tennessee whether these provisions do not relate to United present practice is, in m~king payments for a month, to pay for States notes owned by the Government of the United States, sent thirty, thirty-one, or twenty-eight Elays, according to the actu~l from the subtreasuries, presented for redemption or for other number of days in the month. That causes very great trouble m specific purposes, notes belonging to the United States; and bookteeping. By counting every month as having thirty days whether his amendment does not relate to all classes of United and making payments on that basis, the keeping of the accounts States notes, by whomsoever owned? will be very much facilitated. This amendment has been sug­ Mr. GAINES of Tennessee. The amendment is intended to gested at the Department. It will save a vast amount of book- cover Unite-d States notes held by anybody. Has the Chair the, keeping at the different Departments. · sections that I am reading? Mr. PAYNE. I should like to know whether this will deprive The CHAffiMAN. The Chair has the United States Statutes. the Government of the use of that very important table, gotten Mr. GAINES of Tennessee. Now, in view of the fact that the up some time ago by a clerk in•one of the Departments connected Chair has those sections before him which are part of the law of with the disbursement of funds, a table for the preparation of the case, I desire to read a letter concerning the other law, under which we appropriated some $-3,000 some ten years after the clerk which I propose to base this amendment. This is a letter sent by had been paid $500 for the original preparation of the table? Will Mr. Roberts, Treasurer of the United States, and it is dated March this result in the loss of that valuable table? 29, 1904:. You will notice, Mr. Chairman, that in the second para­ Mr. HEl\fENWA Y. It will make the table unnecessary. graph of the letter the words "reissue and transfer and redemp­ The CHAIRMAN. The Chair now recognizes the gentleman tion'' are used. The letter is add.l·essed to me, and is as follows: from Tennessee [Mr. G.A.INES] to offer his amendment. TREASURY DEPARTMENT, .1\fr. GAINES of Tennessee. I offer the amendment which I OFFICE OF THE TREASURER OF THE UNITED STATES, have sent to the desk. . Washington. D. C., March t9, 1904. Hon. J. W. GAINES, The Clerk read as follows: House of Rep1·esentatives. For transportation of United States notes: For transportation to the Treas­ SIR: In reply to your oral request of this date, yon are advised .that the ury United States notes so mutilated or otherwise injm·ed as to be unfit for exJ:enses of issue, reissue, redemption, and destruction of United States pa­ nse, and the return of notes issued in lieu thereof, $50,000. per cmTency were paid from a permanent appropriation made in the o-:-iginal Mr. HEMENWAY. Mr. Chairman, I make the point of order enactment authorizing the issue of this currency. Eee United States Statutes that that is not germane to this portion of the bill and is not au­ at Large, volume 13, page 221, as follows-- thorized by law. The CHAIRMAN. What are the sections of the United States Mr. GAINES of Tennessee. What is the point of order? Statutes? The CHAIRMAN. That it is for an expenditure not authorized Mr. GAINES of Tennessee. United States Statutes at Large, by existing law. volume 13, page 221: :Mr. HEMENWAY. And is not germane. "SEc. 9. And be it further enacted, That the necessary ex:renses of engrav­ ing, printing, preparmg, and issuing the United StAtes notes, treasury notes, The CHAIRMAN. And also that it is not germane. fractional notes, and bonds hereby authorized, and of disposing of tne same Mr. GAINES of Tennessee. I should like to be heard on the to subscribers and purchasers, shall be paid out of any money in the Treasury point of order. not otherwise appropriated; but the whole amount thereof shall not exceed 1 per cent on the amount of notes and bonds issued." The CHAIRMAN. The Chair will be glad to hear the gentle- The expenses of issue and reissue were limited by act, of May 23, 1872, viz, man on the point of order. • United States Statutes at Large, volume 17, page 156: Mr. GAINES of Tennes~ee. So far as its being germane is con­ "Be i t enacted, etc., That the expenses of the issue, r eissue, transfer, de­ livery, redemption, and destruction of securities,legal-tencer notes, fractional cerned, we have had for a number of years at different times this cmTency, checks, certificates, commh>sions, and for any plate and seal en­ kind of an appropriation-- ~raving and printing required by the Treasm·y Depariment shall be paid The CHAIRMAN. The Chair will state to the gentleman from and shall not exceed the appropriation of 1 per cent of the amount of leg::~.l-tender notes, fractional c~rrency .and sec~ties issued during each from Tennessee that the fact that provisions have been carried in fiscal year: Provided, That not~g herem.cont~med shall be co~trued to appropr~ation bills ~ereto!ore, although_ they were effective for increase or enlarge the appropriation contamed m the second sectwn of the the part1cular years m wh1ch they were mcludeprepa­ much thereof as may be necessary, are hereby appropri.'l.ted to defray the ration for use of fractional and other notes- expenses of the national loan, etc." Fractional and other notes, Mr. Chairman- The CHAIRMAN. The Chair would like to hear the gentleman and shall make such regulations for the redemption of such notes when mu­ from Tennessee on this point: Does not the present statute make tilated or defaced, and for the receipt of fractional notes in payment of debts definite provision for the conveyance of mutilated c.urr~ncy and of the United States- its reissue by a certain percentage of the amount, while hlS propo­ And so forth. sition in the way of amendment appropriates $50,000, a specific Section 3579 provides that when any United States notes are sum? retm'Iled to the Treasury they may be reissued from time to time Mr. GAINES of Tennessee. I can not very well answer the as the exigencies of the public interest may require. Chair until I get through addressing myself directly to the law Here is clearly the power to reissue. There is no doubt about and point of order. the power of the Treasury of the United States now to redeem The CHAIRMAN. The Chair thinks there was such a clatl.Se 1 1904 .. CONGRESSIONAL RECORD-HOUSE. 407.1 read in the latter portion of the letter of the Secretary of the appropriation and gives the people of this country the right to Treasury. which the Chair would be glad to have. send their dirty money into Washington and have it rejssue-dand Mr. GAINES of Tennessee. I will send it up to the Chair when carried back to them. That is all there is of it. All we need is I get through reading it. I want·to comment as I go along. The an appropriation-the Treasurer under existing law will do the act authorized the allowance before this, an~ then its repeal took balance. • place on the 1st day of July. The CHAIRMAN. The Chair is ready to rule on this subject. The letter goes on: If the1·e is any provision authorizing expenditures of the nature The Secretary of the Treasury thereafter annually submitted estimates proposed by this amendment, it would seem from the statute re- • of appropriations required for said expenses, and the appropriations were ferred to that it is determined upon a different basis entirely; made regularly up to and i,nclnding the fiscal year 1876. that is, the amount required for the issue, reissue, transfer and That is under the dormant statute I am now trying to awake delivery, redemption and destruction of securities, legal-tender with this appropriation. notes, etc., shall not exceed 1 per cent of the leg-al-tende1· notes, In 1874 this permanent appropriation ceased, but the law allows fractional currency, etc.• presented or handled. While the Chair CongTess to make annual appropriation. mnst say that this proposition for an appropriation of $50,000 I The Secretary of the Treasury thereafter annually submitted brings to the attention of the committee a complicated problem estimates of appropriations required for said expen:ses, and 1hat depending on numerous statutes, he feels constrained to sustain is the point I am making. I aw, I think, reading the minutes the point of order. of the hearings of the Appropriations Committee, that the Secre­ It has not been made clear that there is any authority of law tary of the Treasm-y, states he has made estimates as to United for this appropriation. - States notes, etc., and I only take the amount of what we did u"e 1\Ir. GAINES of Tennessee. Mr. Chairman, with all due re­ in 1~81 to 1884 in the appropriation bills of those years--$50,000. spect to the Chair, I do not think that the Chair read the para- Then this letter states: graph that covers the law as it is. · Then for some unaccountable reason Congress refused to make appro­ The CHAIRMAN. The Chair wi l state to the gentleman from priations for these expenses until 1N\2, when the currency became so worn Tennessee that the paragraphs towhich h (> called attention by read­ and unfit for circulation that appropriations were made to defray the neces­ sary expenses of replacing the worn and mutilated currency forwarded to ing were those which the Chair has read and not those repealed. the Tre.'\SU.l'y for redemption during the fisca years 181:!2 and 1~ . Mr. HILL of Connecticut. Mr. Chairman, I do not want to For gathering up this dirty money there has been no appropri­ discuss a point of order that has been decided. but if there is any ation since 181;4, but here is the law that allows it, and I challenge question about the matter I would like to be heard. the gentleman from Indiana to dispro'"e the proposition that here The CHAIRMAN. If the~e is no objection the Chair would is the law set out in the letter to me from Mr. Roberts, permitting like to hear the gentleman briefly on this subject. the very thing that I am asking to be done with the United States 1\Ir. HILL of Connecti(:mt. Mr. Chairman, all I have to say on notes or legal-tender notes. amounting to about $346.000.000, float­ the matter is that if there was any law now for the tran.arnission ing over the counrry, that may be brought to the Treasury of the of private funds at the expense of the Treasury of the United United States and reissued under the existing law if the sender States it would not be necessary to offer this amendment. This bill provides for the transmission of public funds pn page 27, pays for the express charges. I want the Government to do that. where 8:340.000 is appropriated under preeLely the language which Now, to read the letter further on: the gentleman from Tennessee has refened to. for the collection, In his annual report for the fiscal Y"'ar 1884 the Secretary of the Treasury fui:zdS invited the attention of Congress to the subject (seep. IDJ as follows: safe-keeping. transfer, and disbursement of public or· funds "Attention is d1r ected by the Treasurer to the need of an ap\'ropria.tion of the Government. • for the expen~es of transportation of worn and mutilated United :States notes Of course United States notes are United States money, whether to the Tr~asury for redemption and the return of new notes therefor. Btlt "In view of the fact that for many years Congres.'l., by appropriating for in the hands of individuals or of the Government. the pur­ this expense. recognized the duty of the Government to bear the entire cost pose of the bill is to pay for the transfer of money belonging to of this currency,"as the national banks are required to bear the expenses o.f the Government and not that owned by private in carry a permanent appropriation. That is what graph was-passed. Mr. Roberts says in this letter, as I understand it. I offer this as a new section, and it can be very properly added The CHAIRMAN. The Chair will state to the gentleman from at the end of the bill. The law cited by the gentleman from Con­ Tenne~ see that the point of order must be sustained unless there necticut does not apply to thia case, and I do not so contend. is brou ·rht to the attention of the Chair some provision which au­ But the old law as amended does. The old law carried and al­ thorizes this transportation of mutilated notes to the United lowed a permanent appropriation to pay for this transportation. States Treasury. The Chair would call the attention of the gen­ It allows such an appropriation now, bu.t leaves it in the discre­ tleman from Tennessee to the fact that the section which was tion of Congress to appropriate it. I ask Congress to do so. Do quoted by him does not include transportation from outside points this and the law will operate-be revitalized. The machinery to the Treasury of United States. but to notes returned to the exists now and only lacks this money to start it. Treasury-that is, by private parties who bring them to the Treas­ Mr. HEMENWAY. Will not the gentleman ask unanimous ury or subtreasury of the United States. That would seem to be leave to print? the law as at present. Mr. GA•NES of Tennessee. No; I am obliged. I want to say Mr. GAINES of Tennessee. If the Chair will read that letter now, to the Chair. what I have to say. The amendatory acts clo 'fJly h~ will s?e that Congress has not so construed this law, changed the permanent appropriation into an annual appropria­ aud the Secretary of the Treasury in 1~ did the same thing. tion and left the old law as it stood. so that if Cong1·ess makes an Many of our SecretarieS- of the Treasury agree with me m this appropriation there is the law that allows it. and I challenge the construction. He says since Congress has dropped out this ap­ gentleman from Connecticut or the gentleman from Indiana or propriation, which it sh ould not have done. that it is impossible anyone else. except the gentleman in the chair [laughter], to show to pay for the transportion of this dirty money backward and for­ that I am incorrect about this. I don't know but I would chal­ ward to the Treasury of the United States. and that the senders, lenge the Chairman to say I am not correct. [Laughter.] the·· holders of the notes.''must pay the express charges. ''Hold- The CHAIRMAN. The Chairthin.ksthe gentleman from Ten­ erR" can be banks and persons. · nessee has presented no fact or argument to justify the Chair in The law now allows individuals to send in their dirty money, changing his ruling. The Clerk has completed the reading of but they must pay for its transportation. The law clearly gives the-bill. but several sections have been passed over, and th_e fi~st the individual the ri~ht to send the note in. but he must pay the is on page 43. lines 5 and following. express charges because there is no appropriation for it.. If we Mr. HEMENWAY. Mr. Chairman, I ask unanimous consent make an appropriation, here is the law that takes charge of the to return to page 28, lin~ 11. · 4G72 CONGRESSIONAL RECORD-HOUSE. MARCH 31,

Mr. SULZER. Mr. Chairman, I object, unless the gentleman far as it is shown by the public record, it should bear weight, will give me consent to go back to a prior page in the bill. even though by the inattention of Congress it has been permitted The CHAIRMAN. The gentleman from Indiana asks unani­ to obtain and approach a scandal. mous consent that the committee return to page 28, line 11. Is Unless Congress protects the people's Treasury against the on­ there objection? . slaughts of officials, derelictions of duty, lax regulations, and bu­ Mr. SULZER. Mr. Chairman, I object, unless the gentleman reau misconstructions of appropriations, we have learned that no will consent to return back to page 9, in order that I may move reforms will come. to strike out the custom-house rental. Without excuse or justification, contrary to good business prin­ The CHAIRMAN. The Chair will put the requests together, ciple and running counter to the safe and salutary rule of econ­ respectively. omy, the Coast and Geodetic Survey permits a d!·ain on our ap­ Mr. HEMENWAY. 1\Ir. Chairman, I think the Chair ought propriations by setting itself up as the legislative body, and by a to put the request I made, and if the gentleman desires to object, system of regulations encouraging discrimination and favorit­ he can do so. _ ism-destructive of the good of the service-and by this assump­ The CHAIRMAN. Is there objection to the requests being tion of the duty of Congress that Bureau abuses our confidence prl:sented together? and disturbs our patience. Mr. HE:MENW A Y. I object. Officers in the field service-presumably to reimbUI"se them for The CHAIRMAN. Then the request is that the committee re- actual expenses for money paid out in the public service-are turn to page 28, line 11. Is there objection? paid, some a per diem of $2, others in exactly the same service Mr. SULZER. I object. and same position $1 per diem, and others in like service, of equal The CHAIRMAN. The gentleman from New York objects. merit, under equal expense, receiving nothing at all, though to Mr. SULZER. Mr. Chairman, I move to strike out on page 9 secure equality all should receive actu~ expenses incurred if any the last four lines. receive at all. Mr. HEMENWAY. Mr. Chairman, I make the point of order This circular is the Bureau fruit of our Congressional legisla­ against that that we are not at that part of the bill. tion. The CHAIRMAN. The Chair would suggest to the gentleman [Circular.] from New York that the rule is perfectly clear that he must first TREASURY DEP.ARTliiDIT, ask unanimous consent to return to page 9. 011'FICE OF THE CO.A.ST .AND GEODETIC SURVEY, Washington, D. C., Jrzly fS, 1898. Mr. SULZER. Mr. Chairman, I ask unanimous consent tore­ COID£UTA.TION OF SUBSISTENCE. turn to page 9. Pending the revision of the Regulations of the Coast and Geodetic Surrey, The CHAIRMAN. The gentleman from New York asks unani­ which will be made later, the honorable Secretary of the Treasury has au­ mous consent to retm·n to page 9. Is there objection? thorized commutation of subsistence which may be allowed by the superin­ tendent, at his discretion, not to exceed the amounts as noted below (see JI,Ir. HEMENWAY. I object. paragraph 58 of the Regulations): The CHAIRMAN. Objection is made by the gentleman from Per day. Indiana. The paragraph to which the committee returns is on To chiefs of party living at hotels or elsewhere---·------··------$2.50 page 48, line 5. The Clerk will read. · To,fl:eJ?bers of normal rorce and,~xtra observers not in charge of party bvmg at hotels or e.:.sewhere -----·------·---·------2.00 The Clerk read as follows: To chiefs of party in command of vessels------···---·------2.00 To executive officers of vessels--·------·------·-- 1.50 COAST .AND GEODETIC SURVEY. To members of normal force and extra observers not in charge of party For every expenditure requisite for and incident to the survey of the on shipboard, in camp or bivouac (see paragraph 70)------1.00 coasts of the Umted States and of coasts under the jurisdiction of the United To petty officers of the Navy, yeomen, apothecaries, ma.0hinists, and States, including the St!-I'vey of rivers to the head of tide water. or ship navi­ gation; deep-sea soundings, temperature and cm·rentobservatwnsalong the Toothers petty officersmessing of aft the (see Navy paragraph messing 71) forward -----·------______---·--____ 1.00. 75 coast and throughout the Gulf Stream and Japan Stream flowing otf the said To enlisted men of the Navy------·------·------·------· .50 coasts: tidal observations; the necessary resm·veys; the . preparatio~ of the Coast Pilot; continuing reseru·ches and other work relating to physiCal hy­ All provisions of the regulations in conflict with the above are revoked. These regulations to take effect July 1, 18f:8, except th~ they will cover drography and terrestrial magnetism and the magnetic maps of the United certa.in allowances to petty officers and crew for June, 1898, which have been States ana adjacent waters, !!oDd the tables of ~agnatic dec~nation, dip,_ and approved by the Superintendent. int ensity ~lly accompa:nymg them, ast!ononncal ~~;nd graVlty observations; and including compensatiOn, not otherwise appropriated for, of persons em­ HENRY S. PRITCHETT, Superintendent. ployed in the field work, in conformity with the regulations for the govern­ ment of the Coast and Geodetic Survey adopted oy the Secretary of Com­ This antiquated regulation of 1898, which was issued "pending merce and Labor· for special examinations that may be required by the revision,:' "which will be made later," stands to-day as the" reg­ Light-House Board or other proper authority; for commutation to officers of ulations" unchanged, though the Bureau knew or should have the field force while on field duty, at a rate to be fixed by the Secretary of Commer ce and Labor, not exceeding $2.50 per day each; outfit, equipment, known of its abuse. All officers living on ship are contemplated and cara of vessels used in the Survey, and also the repairs and mamtenance by this circular, but only certain favored ones received the money. of the complement of vessels, to be e:lq)ended in accordance with the regula­ Those who did receive its benefits also received the other ship tions relating to the Coast and Geodetic Survey from time to time J,?rescribed perquisites. by the Secretary of Commerce and Labor1 and under the followmg heads: Provided, That no advance of money to chief.s o.f field parties under t~ ~p­ On page 237, lines 16,· 17, and 18, Document No. 222, Fifty­ propriation shall be made unless to a COill.IIllSSlOned officer, or to a Civilian seventh Congress, second session (the former sundry civil bill chief of party, who shall. give bond in such sum as the Secretary of Com­ and followed by this bill), provision is made for commutation to merce and Labor may direct. officers of the field force of the Coast and Geodetic Survey Mr. SULZER. Mr. Chairman, I rise to a parliamentary in­ Service. ' quiry. On page 72 of the report of Superintendent of the Coast and The CHAIRMAN. The gentleman will state it. Geodetic Survey for the year ending June 30, 1902, will be found Mr. SULZER. I understand, Mr. Chairman, that !he gentle­ the report of the party commanded by J. B. Boutelle assistant, man from Indiana asked unanimous consent to return back to composed of the chief and eight officers. On pages 26 and 27 of this this paragraph of the bill. . . . . report salaries are given as follows: Boutelle, $1,800; Ferguson, The CHAIRMAN. TheChairwill statethatwhilethe bill was $2,000,and Tilton,$900per annum. On page43,Ainswort, $1,670; being read four paragraphs were by unanimous consent passed Proctor, 81,380; Moser, $447.85-this last for only a portion of the over without prejudice until the bill should be completed. In year. pursuance of that order, made by the committee at that ~me, the The salaries of the other three officers do not appear as separate committee now returns to these four paragraphs, respectively, so items, but are included in the amount on page 42 specified as "pay that the gentleman from Indiana [Mr. HEMENWAY] is not pro­ rolls schooner Eagte.'' ceeding by unanimous consent, but in accordance with the order So far this is correct and in strict conformity with the law and of the committee. intent of the appropriation of Congress. But in addition to the Mr. ROBINSON of Indiana. 1\Ir. Chairman, I offer the fol­ amount received as salary by Boutelle he received $2 per diem for lowing amendment, which I will send to the desk and ask to have the entire year, or $720, and Ferguson and Tilton received in ad­ read. dition to their salary $1 a day while attached to this party, a The Clerk read as follows: total amount of about $150. On page 44:, line 2, after the word "each," insert "and not to exceed ac· The:~;e is nothing to show this sum paid, other than the lump tual expenses, supported by properly authenticated vouchers." sum on page 43 of the report designated as'' combined operations Mr. ROBINSON of Indiana. Mr. Chairman, I ask unanimous schooner Eagre, $3,932.33.'' In other words, one-fom·th of the ex­ consent to proceed for ten minutes. · pense of the work nearly was paid to three officers, whose pay The CHAIRMAN. The gentleman from Indiana asks unan­ and salary was paid under a separate head. At the same time, imous consent that he may proceed for ten minutes. Is there ob­ on the same work, under the same living expenses six of the offi­ jection? cers t·eceived not a cent as commutation of subsistence, all living There was no objection. on the same vessel and eating at the same mess. Mr. ROBINSON of Indiana. Mr. Chairman, I shall measure The Government provided three mess attendants or servants, a my words and speak with due regard and care. When one makes cook, and a steward, besides buying ice, crockery, table and bed serious charges of malfeasance, and misfeasance against a bureau linen, and laundering and other perquisites, which are shared of the Governme:nt, as I shall, specifically, and furnish proof so equally. This latter is the uniform rule in all these cases. The 1904. CONGRESSIONAL RECORD- HOUSE. 4073

only expense any member of the mess incurred at that time was If the Navy and Revenue-Cutter Service can, as they do, oper­ the mess or food purchased, which averaged about $20 per month ate their ships, paying all officers under like expense, like allow­ each. This is but one of many instances of misconstruction of ances; if the Geological Survey can, as they do, operate its field appropriations in like cases. parties on a basis of reimbursement for actual expenses, the Coast In other words, Assistant Boutelle received about $280 for the Survey has no warrant or authority from Congress nor in reason period in question, when his expenses were about $93; Assistant and common sense to perpetuate a system vicious in principle and Ferguson received about 8118 against actual expense of $89, and promotive of favoritism and productive of discontent among offi­ the others got nothing. cers of the service equally deserving but not on the special favor­ This was only for part of the year, but there are cases where it ite's list. goes on continually year after year, as is the case, among others, Amend the bill to read" not to exceed actual expenses, sup­ with Messrs. Faris, Flower, Walker, and Young, who have been ported by properly authenticated vouchers," then all of these drawing $2 per day for the past number of years while in com­ officers of the Coast and Geodetic Survey, who are equally civil­ mand. The superintendent's ruling, based on averages, fixes the service men, receiving their appointments identically the same mess bill at $15 per month. · from the Department, will be under the spirit as well as the letter Officers of the Navy and the Revenue-Cutter Service all receive of the civil-service law. I the same amount of rations while living on ship under the same Will Congress abdicate its powers, will it relegate them, and conditions, and no discrimination is made and no objection ap­ cast the duty of fixing and raising salaries of some to the dispar­ pears. Officers of the Geological Survey, which does similar work agement of others equallymeretorious by this false system of cir­ on shore, are reimbursed for actual expenses upon the presenta­ cumlocution and lay itself open to a dereliction of duty and open tion of properly authenticated vouchers. the door in the Department to a scandal? Is any honest official I believe that lG per cent of appropriations for surveys andre­ opposed to giving a voucher for what he draws a.s expense from surveys is paid out as "commutation of subsistence," mounting the Treasury? If so, we would be well rid of him. Can we excuse into tens of thousands of dollars, and the amount thus paid out such a system? Certainly not; but we can correct it, and our duty never appears in ariy public report of expenditures. It is cov­ is plain. [Loud applause.] ered up under the general head of "party expenses." :Members :Mr. HEMENWAY. ~fr. Chairman, the gentleman from Indi­ of Congress should not be compelled to go to log books and ac­ diana [Mr. RoBINSO~], who proceeded, as he said, with care and counts of officers to find out how our appropriations are expended caution, seems to complain that there are 80 per cent of these or wasted. people in the Coast and Geodetic Survey who are not being paid Officers of the Coast and Ge~detic Survey who receive commu­ more money than they are now receiving. The gentleman pro­ tation of subsistence of varying amounts while in the field less ceeded with that same care and caution that he ..exercised yester­ than the amolmt of expense incurred, and which is for reimbursal, day, when he charged that General Boynton and S. P. Langley and the receipt of which under Executive regulations amounts to and others were still continued upon a commission at $10 per day, a considerable increase of salary, without Congressional sanction when those gentlemen have not received pay for services upon or authority, are as follows: 0. W. Ferguson, J. B. Boutelle, H. L. that commission for several years, and when their 810 per day :Marinden, W. C. Hodgkins, P. A. Welker, W. I. Vinal, F. A. only applied to a very few days when the commission was in ses­ Young, R. L. Faris, E. B. Latham, D. B. WainWl·ight, C. C. Yates, sion. G. L. Flower, H. F. Flynn, F. F. Weld, B. E. Tilton, F. H. Brun­ I want right now to put in the RECORDa letter from Mr. Lang­ dage, W. E. Parker, C. M. Sparrow, W. T. Carpenter, H. D. ley similar to the telegram put in the RECORD in. the gentleman's King. explanation to-day. Officers of the Coast and Geodetic Survey who, under the regu­ 1\Ir. ROBINSON of Indiana. I hope the gentleman will not lations of the executive officer, get no commutation, and which criticise the Year Book, which was my authority. commutation is only a guise for an increase of salary, and who The CHAIRMAN. The gentleman from Indiana [Mr. HEM­ are discriminated against by a misconstruction of Congressional ENWAY] asks unanimous consent to have a letter inserted in the enactment, are as follows: W. :M. Atkinson; L. M. Fuhrman, RECORD. Is there objectiion? W. B. Proctor, H. S. Smith, George Olsen, watch officers; G. E. Mr. HEMENWAY. Simply a letter from Mr. Langley. :Marchand, W. W. Markoe, surgeons; H. W. Peerce, M. F. Flan­ Mr. ROBINSON of Indiana. I hope the gentleman Will not nery, R. M. Hopkins, E. E. Allen, J. T. Goldsborough, James criticise the Year Book. Sullivan, H. I. Locke, engineers. . :Mr. HEMENWAY. I criticise the gentleman for making a Officers discriminated against, now resigned, who received no statement upon the floor of the House, when the gentleman commutation of subsiStence are Charles F. Adea, C. L. Green, claims that he is speaking with care and caution and his state­ James A. McGregor, John W. Yates, J. E. Shepherd, J. H. Ullrich, ment is misleading and not sustained by the facts. I think it is Felix Rosenberg, H. I. McCrea, R. M. Moser, Swepson Earle. the duty of Members of this House before making such state­ Another abuse obtains under this unbusinesslike system which ments to ascertain whether they are true or not. [Applause.] is but a necessary result of it. The letter referred to is as follows: Assistant Fowler, while on" official leave'' during the month SMITHSO!fl.A.N INSTITUTION, of December, 1902, it seems drew subsistence, while First Officer Washington, Mai·ch 31, 1904. Sm: The act of September 'l'l, 1890, establishing the Rock Creek Park, states Proctor, who was in actual command of the party and addressed that there shall be three civilian members of a commission, to be appointed as such by the Office in Washington, drew nothing. by the President, by and with the advice and consent of the Senate, to select Assi'ltant Young, it seems, drew commutation of subsistence the landfor said park, the civilian commissioners to be allowed $10 per day while on official and unofficial leave during the years of 1901 and each for each day of actual service. I was appointed as one of these co~ioners, and gave collectively per­ 1902, while First Officer McGregor, who was in command during haps eight or ten days of my time in the years that the work of selection and Young's absence, drew nothing. appraisal went on. AssistantWelkeris alleged to have drawn commutation of sub­ I presume that the commission has b~en long since abrogated by the ful­ fillment of the purpose for which it was organized; at any rate, it had dropped sistence on November 15, 1902, while in fact on that day he was quite out of my memory until I saw in the R ECORD this morning that Mr. on his way to his home on official leave. The logs of the Match­ RoBINSON of Indiana yesterday stated in the House that I, with others, was less, Bache, and Endeavor, and their accounts, will show these in the receipt of $10 a day as a member of a '' nsele3S co::nmission" and in the enjoyment of a "soft sinecure." facts as to Fowler, Welker, and Young. i: venture to recall to your mind the circumstances, in case you might pos­ We all remember that an official of the Post-Office Department sibly wish to make some further reference to the matter. lost his position because he drew money illegally for expenses Very respectfully, yours, S. P. LANGLEY. while attending the funeral of the late President. Hon. JAMEs A. HE"ME...""

to get anything for cOmmutation in lieu of subsistence. When I Mr. SULZER. I ask unanimous consent to strike out this pro- you go into the field you are to go at your own expense." vision. Now, the gentleman is complaining because th:! head of the The CHAIRMAN. Unanimous consent is a ked to return to Coast an~ Geodetic mvey drove a good bargain with these men page 9, the provision relating to the olu custom-house in New before' they went into the field. York, at the bottom of the page. The Chair would ay to the gen- N ow, the gentleman who furnished the gentleman from Indiana tleman from New York that there is another amendment pending with thisinfo'rmationhasfi.leuaclaimin theDepartmer. t,inwhich and undisposed of, and a further amendment, proposed by the he claims that the Government must pay him this commutation gentleman, to strike out the last two words. money. Mr. Ainsworth, whose claim is filed in the Department, Mr. SULZER. I ask unanimous consent to strike out this pro- ! have no doubt. furnishes the amendment which the gentleman vision. offers. Either he or one of his friends has furnished the gentle- Mr. HEMENWAY. Regular order, Mr. Chairman. There is . man from Indiana with this info mation. an amendment pending. They seek to bolster up this claim against the Government, a The CHAIRMAN. The regular order is demanded. claim which if allowed would cost the Uovernment two or three Mr. SULZER. Do I und'erstand that the gentleman from In- hundred thousand dollars by fixing a precedent that would lead diana has objected? to other claims being paid. And yet the gentleman. after he has The CHAIRMAN. The gentleman from Indiana demanded the been warned that this· might be the effect of this legislation. in- regular order. sis s upon puttjng in an amendment here on this bil1 that would Mr. SULZER. That is tantamount to an objection, is it not( give color to this claim. If this claim is allowed, it means that The CHAIRMAN. It is not the same as an objection. The a whole lot of claims are to be allowed along similar lines that gentleman merely requests that the committee shall proceed in may cost the Government$800 000. After being told of the effect the regular orderly way. The question is on the amendment of­ of offering this amendment. the gentleman goes ahead anyway, fered by the gentleman from Indiana. as he says, with due care and caution, and warns the House about The question was taken. and the amendmeJ).t was rejected. this g1·eat abuse. Mr. BROOKS. Mr_ Chairman, I ask unanimous consent tore- Mr. ROBIN80N of Indiana. I would not give one of them a turn to page 28, line 11. dollar. The CHAIRMAN. The gentleman from Colorado askB .unani- Mr. HEMENWAY. Yes; the gentleman wants to give 80 per mous consent to return to page 28. line 11. Is there objection? cent of them dollars- that they are not getting now. Mr. SULZER. I object. unless we can return to page 9. :Mr. ROBIN IDN of Indiana. Not one of them. Mr. ffEMEl..I":WAY. Regular order, Mr. Chairman. Mr. HEMENWAY. Among others, Mr. Ainsworth, who, in The CHAIRMAN. The next item pa sed over .was page 73, my opinion, furnished the gentleman with the information. Gen- lines 9 to 23, and the Clerk will report that portion of the bill t<> tleme~ thiB amendment ought to be voted down; it ought not to which there is an amendment pending, as the Chair recollects. receive a single vote save that of the gentleman from fi1diana, and The Clerk read as follows: I hope he will not vote for it. After the word ··dollars, •.- in line 17, page 73, inselt Mr. SULZER. I move to stn1re out the last word. u Provided, That in expending this sum agents and others employed under Mr. Chairman, the gentleman from Indiana would give out the this appropriation shall be selected by the Secretary of the Interior, and aJlowed per diem, ubject to such rules and regulations as he may prescribe impres~ion that he ret-'Ognized it to be his duty to b e t h e watch - in lieu of subsistence, at a rate not exceeding ; _per day each da.y and actual dotr of the Treasury-to cut down the appropriations as much as necessary expenses for transportation, including necesE&ry sleeping-car po sible. It seemed to me as if the gentleman from ~di3?a fares." strains at a gnat and swallows the- camel. On page 9 of this bill, Mr. HEMENWAY. To that. Mr. Chairman, I understood the at the bottom of it, is an appropriation for $1:30,600 for rent of the gentleman from illinois [Mr. MA.!~N] tore erve a point of order. old custom-house in New York City. This custom-house was The CHAIRMAN~ The Chair so recolleets. and the RECORD, purchased by the City National Bank. and everybody ~ows tho e page 4102 showe that the committee passed this paragraph while behind the City National Bank and what the City National Bank a point of order was pending. has been to the Republican party. It is a Congressional docu- 1\ir. MANN. My recollection is, Mr. Chairman, that the Chair ment, and evE>ryb dy knows all about it. About fo"!ll' years~ ago sustained the point of order. the City National Bank purchased thecustom-housem New l:ork The CHAIRMAN. The recollection of the Chair is that the City for 8:3,:.WO.OOO. They never paid th . Government one dollar. original paragraph was confronted with a point of order which The Government allowed that money to remain in the bank on the Chair intimated he would sustain. and that then the chair­ deposit, and the Government never got any intere t on it and man of the committee propo ed to present a substitute. ne er ba received any interest en it: and by reason of the fact Mr. MANN. The Chair sustained the J.'Oint of order. and then that the title ha not pas ed. the city of New York has never re- the gentleman from Indiana proposed an amendment, to which I ceived a donar of tax on that property. The Government from made the point of order. the day the transaction was officially cvmpleted down to ~h~ pres- The CHAIRMAN. What does the gentleman from Indiana de- ent time has been paying a rental of S1 30.600 for that building. sire as to the point of order? We hear a great deal of talk here about frauds i.n the pep~rt- Mr. HEMENWAY. I do not care to discuss it. ments· we hear a good deal of talk about ··scandals m high The CHAIRMAN. Does the Chair understand that the gentle- places:·• But I say to the gentleman from Indiana, the chairman man from illinois merelyre erves the point of order? of this committee, that the appropriation of this money to the Mr. MANN. No; I make the point of order. City National Bank every year is one of the most flagrant scan- The CHAffiMAN. The Chair feels compelled to sustain the dals to-day in the public life ot this country.. . point of order. He thinks it is not different from the form in We have just above that another appropnation for $250,000 to which it was originally written in the bill: although it is ex­ continue the work on the new custom-house. If the work on pre sed in the form of a proviso, it contains provisions which the new custom-house is continued in the way it has been for modify existing law. the last year, it will be forty years before that custom-house is On paae 75, lines 9 to 19, was the next paragraph passed. built. during which time this Government W\ll be paying a rental The Clerk read as follows: to the City National Banko~ U~~.600 every year~ So that b.Y the Examinations of desert lands: To enable the Secretary of the Interior to time the custom-house officials m the old custom-house will be examine, under such regulations and at such compensation as he may pre­ ready to move into the new custom-house tJ:e City ~a~10nal scribe,tbedesertland ~ lectedbytht t:ks,undertheproviion.sof action -hou e for nothing, and lt one 4 of the act of Congre!-s ap-proved August lit L 94.$1.001: Pl·cn'Ui.ed, That if Bank will have the Old Custom 18 such examinations be made by detailed clerks or mploye of the Depatt­ of the most valuable pieces of property to-day in the world. situ- ment they shall be entitled to actu 1 necessary expenses of transp01·tation, a ted at the corner of Wall and William and Beaver streets and including nec~ssary s!eeping-c r fares, and not exceeding $3 per day in lieu Exchange place-a great entire block. of subsistence.. Mr. 1\fADD X. Will they have the money, too? The CHAIRMAN. If there is no objection, that will stand as Mr. SULZER. They will have the money. too, I suppose. I do a part of the bill. not understand how the ~rentleman can talk about economy, talk Mr. MANN. Mr. Chairman, there was a point of order to lines about hls conservatism. and how he is watching the Tre m~y. and 8 to 16, inclusive, on page 74. let an appropriation like thi go through. Somethingoughtto be The CHAIRMAN. There was apointoforderreserved topara- done. The Secretary of the Treasury is responsible per se: the gt-aph on page J4, lines 8 to Hl. which w!lS pen~ing. and the Chair chairman of this committee is re ponsible in the second instance, will call attent10n to the fact that there 1s a senou. danger of con­ and the membe1 hip of this House. the Congress of the United fusion where paragraphs are pas ed over in the bill. The Chair States, i ~ reJ:>ponsible for squandering every year 130,600. If you trusts that the chairman of the Committee on Appropriations want it to go on. let that stay in; if you want to stop it, strike it will call attention to any portion that has been passed over. out. and compel the Government to make the exchange and get 1 Mr. HEMENWAY. I think the Chair is right. Pa~e ?4,lines: its money. [Applause.) 8 to 16, were passed over, and the gentleman from illinois made The CHAIRMAN. The time of the gentleman has expired. the point of order. 1904. CONGRESSIONAL RECORD-HOUSE. 4075

The CHAIRMAN. The Chair thinks that is objectionable on Accordingly the committee rose; and the Speaker having re­ the same ground as the paragraph j~t now rnled out. sumed the chair, Mr. BURTON, Chairman of the Committee of the Mr. HEMENWAY. The next item, Mr. Chairman, is on page Whole House on the state of the Union, reported that· that com­ 75 and the closing lines on the top of page 76. I hope the gen­ mittee had had under consideration the bill (H. R.14416) making tleman from Illinois will not insist on his point of order. · appropriations for sundry civil expenses of the Government for Mr. MANN. I understand there is a proposition touching this the fiscal year ending June 30, 1905, and for other purposes, and matter submitted at the other end of the Capitol, to put these had directed him to report the same with sundry amendments clerks on a fixed salary of $60 a month. back to the House, with the recommendation that the amend­ Mr. HEMENWAY. The effect of the gentleman's point of ments be agreed to, and that the bill as amended do pass. order would be to put out of employment a lot of people who are Mr. HEMENWAY. Mr. Speaker, I move th9 adoption of the very needy. and result certainly in distress. various amendments, and also move that the totals of the bill be Mr. MANN. I say to the gentleman from Indiana that if I corrected so that they Will con·espond with the amendments thought the effect of my point of orP.er would be as he states, I made, and I further move the following amendment, which I would not make it. I think the effect will be to put these people will send to the desk and ask to have read. in the classified service, where they belong, and give them a bet­ The Clerk read as follows: ter salary, which they are probably entitled to. On page 28, after line 11, insert: Mr. HEl\IENWAY. I do not believe that would be the result. "Denver, Colo., mint For new machinery, appliances, and furniture, and The proposed legislation at the other end of the Capitol would not to complete the equipment neceSEary to inaugurate coinage operations, cover these people at all; they are poorly paid and very needy peo­ $00.055." ple, and the effect would be to put out of employment a lot of Mr. HEMENWAY. And upon the bill and amendments, Mr. poorly paid and needy people if this point of order is made and Speaker, I demand the previous question. sustained. The previous question was ordered. Mr. MANN. Does the gentleman from Indiana understand that The SPEAKER. Is a separate vote demanded on any amend­ these people are employed in at least six different divisions of the ment? If not, the vote will be taken on the amendments in gross. Interior Department? They are evidently not making copies of The question is on the amendments. deeds for sale. I will ask the gentleman if he can tell how much The question was taken; and the amendments were agreed to. money the Government has received for copies of deeds which The SPEAKER. Without objection, the Clerk will have au­ these people have made. thority to change the totals. 11Ir. HE~IENW AY. I have no information other than the There was no objection. statement that the amount received was larger than would pay The SPEAKER. The question now is on the engrossment and for their services. third reading of the bill. Mr. MANN. And the gentleman from Indiana really thinks Mr. SULZER. Mr. Speaker- that this paragraph ought to be retained? The SPE~ER. For what purpose does the gentleman rise? Mr. HEMENWAY. I have no doubt of it. Mr. SULZER. I desire to move to recommit the bill with in- Mr. MANN. Then, Mr. Chairman, I will withdraw the point structions. of order. The SPEAKER. That is not in order at this time. The CHAIRMAN. The point of order is withdrawn. Mr. SULZER. Mr. Speaker, I desire to be recognized when it Mr. HAUGEN. Mr. Chairman, I renew the point of order. is in order. Mr. HEMENWAY. Mr. Chairman, I have nothing further to The SPEAKER. The question is on the engrossment and third say than that the effect of it will be to drive these poor people reading of the bill. out of employment. The question was taken; and the bill was ordered to be engrossed The CHAIRMAN. The Chair will be compelled to sustain the and read a third time, and was read the third time. point of order. This includes the language beginning with the Mr. SULZER. Mr. Speaker, I move to recommit the bill with word "Provided," on page 75, line 24, and ending with the word instructions to strike out the last four lines on page 9, and that "demand," line 3, page 76. The Chair will state that he is in the committee forthwith report said bill back to the House. doubt as to whether the language following, viz, "Prou'idedfur­ Mr. HEMENWAY. Mr. Speaker, I move to lay that motion on ther," is pertinent merGly to the proviso rnled out on a point of the table; and upon that motion I demand the previous question. order or whether it pertains to the rest of the bill. The Chair The SPEAKER. The Chair is in doubt whether the motion to takes it that the language remains in the bill and does not go out lay on the table is in order. Possibly the effect of it might be to on the point of order, that it is appurtenant to or belongs to the carry the whole bill with it. Can not the gentleman attain the words concluding wit".~ the amount of the appropriation, "eight­ same object by a direct vote on the motion to recommit? een thousand seven hundred and twenty dollars." ll-1r. HEMENWAY. I move the previous question on the Mr. 1\IANN. Mr. Chairman, I would suggest that the word proposition of the gentleman from New York. "further" should go out. Mr. WILLIAMS of MiFsissippi. I hope the gentleman will not The CHAIRMAN. Byunanimousconsenttheword "further" move the previous question right now. The·House certainly can will be omitted, because the proviso has been excluded from the not understand a motion that refers simply to lines or pages of a bill on a point of order. bill. Mr. MANN. Mr. Chairman, I will suggest the same with ref­ Mr. HEMENWAY. This item was passed ·on when the bill erence to page 74. was under consideration in the Committee of the Whole. The CHAIRMAN. Without objection, the correction will be Mr. WILLIAMS of Mississippi. I believe it was passed over. made on page 74. Mr. HEMENWAY. It was properly read and passed, and the Mr. HE:l\IENWAY. Mr. Chairman, I ask unanimous consent gentleman had his opportunity at that time to move to strike out. that the totals of the bill may be corrected. The SPEAKER. In order that the House may be informed as 'I he CHAIRMAN. The gentleman from Indiana asks unani­ to the effect of the motion to recommit, the Clerk will read the mous consent to change the totals of the bill made necessary by lines which that motion proposes to strike out. the amendments which have been adopted. Is there objection? The Clerk read as follows: Mr. SULZER. I object. The CHAIRM.AN. The Chair understands that objection is New York, N. Y., rent of old custom-house: For rental of temporary made to the request for leave to change the totals. quarters for the accommodation of certain Government officials, $130,600. 1\Ir. SULZER. I object. Mr. WILLIAMS of Mississippi. Now I ask the gentleman The CHAIRMAN. The gentleman from New York"objects. from Indiana to withhold his demand for the previous question Mr. HEMENWAY. Oh, that is in keeping with the intelli- until this matter can. be explained to the -House and the reasons gence of the gentleman from New¥ork. l Applause and laughter.] given for striking out this p~ragraph. Mr. Chairman, I move that the committee do now rise andre­ Mr. HEMENWAY. I will say that the gentleman from New port the bill with amendments to the House, with the recommen­ York [Mr. SULZER] made a speech for some five or ten minutes dation that the amendments be agreed to and that the bill as a while ago on this same proposition. amended do pass. The SPEAKER. The Chair will state to the gentleman from The CHAIRMAN. The Chair would suggest to the gentleman Mississippi that the previous question is' operating-that the effect from Indiana that a minute has been presented to him by the Of­ of ordering the previous question upon a motion to recommit is ficial Reporters relating to page 111, Enes 13 to 21. Is there any­ to prevent amendments or debate; and therefore debate is not in thing left unfinished in that portion of the bill? order save by unanimous consent. Mr. HEMENWAY. N oth:ing was left there. The amendment Mr. WILL::(AMS of Mississippi. I understand that. I was that was to be offered was offered by myself. simply appealing to the gentleman from Indiana. I hope the pre­ The CHAIRMAN. Such is the understanding of the Chair. vious question will be voted down. The question is on the motion of the gentleman from Indiana. The SPEAKER. The gentleman from Mississippi fails to under­ The moti')n was agreed to. stand the Chair. The previous question is now operating upon 4076 CONGRESSIONAL RECORD-HOUSE. MAROH 31,

• the bill to its final passage. The gentleman from New York moves Cooper, Tex. Hearst, Littlefield, Roberts, to recommit the bill with instructions. Cousins, Henry, Tex. Livingston, Robertson, La. Cowherd, Hepburn, Lon~orth, Scarborough, Now, the effect of the previous question under these circum­ Cromer, Hermann, Lortmer, Sherman, stances is to cut off amendments. Debate has already been cut Crowley, Hill, Miss. Loud, Shims, off, and whether the previous question upon this motion be ordered Cnrl'ier, Hog~ Loudenslager, Sibley, Curtis,· Holli

Mr. PoWERS of Massachusetts with Mr. REID, rior submittino-0 an estimate of appropriation for education in Mr. PJt.!.RRE with Mr. PINCIL"'qEY, Alaska-to the Committee on Appropriations, and ordered to be Mr. PALMER with Mr. PATTERSON of Tennessee. printed. Mr. NEEDHAM with Mr. PAGE. :Mr. MORRELL with Yr. McDERMOTT, Mr. MoRG..L~ with Mr. McA..~DREWS. REPORTS OF COMMITTEES ON PUBLIC BILLS AND Mr. TOWNSEJ..'"D with Mr. LUCKING. RESOLUTIONS. Mr. W ATSO~ with Mr. LIVINGSTON. D'nder clause 2 of Rule XIII, bills and resolutions of the fol-· Mr. W A.DSWORTH with Mr. LAMB. lowing titles were severally reported from committees, delivered Mr. MooN of Pennsylvania with Mr. LEVER. to the Clerk, and referred to the several Calendars therein named, Mr. METCALF with lfr. KLUTTZ. as follows: Mr. PoRTXR with Mr. CL..&..UDE KITCHIN. Mr. BURTON, from the Committee on Rivers and Harbors, to Mr. LoVERING with Mr. WILLIAM W. KITCHIN, which was referred the House joint resolution (H. J. Res. 126) Mr. Lr.rT.!.UER with Mr. Jo::ms of Virginia. providing for the extension of the time for the removal of the Mr LILLEY with Mr. JOHNSON. temporary dam and construction of locks in Bayou Laforche, Mr: LAFEA....~ with Mr. HUMPHREYS of lfississippi'. State of Louisiana, reported the same without amendment, ac­ Mr. FREDERICK LANDIS with Mr. HuNT. companied by a report (No. 2073); which said resolution and re­ Mr. ACHESON with Mr. BAKER. port were referred to the House Calendar. Mr. KYLE with Mr. HuGHES of New Jersey. Mr. SLAYDEN, from the Committee on Military Affairs, ro ·Mr. KNAPP with Mr. HowA.RD. which was refeiTed the bill of the House (H. R. 1975) to amend Mr K.Ei-."'NEDY with Mr. HoPKINS. section 1225 of Revised Statutes so as to provide for detail of re­ Mr: JENKINS with Mr. HILL of Mississippi. tired officers of the Army and Navy to assist in military instruc­ HENRY Mr. IlAMILTON with Mr. of Texas. tion in schools, reported the sam~ wi~h amendment, accompanied 1\Ir. GILLETT of California with Mr. HEARsT. by a report (No. 207-4:); which sa.Id blll and report were referred Mr. FoWLER with Mr. HARRISON. to the House Calendar. - Mr. Ev.A...~S with Mr. GRANGER. . . Mr. LACEY, from the Committee on the Public Lands, to which Mr. DRAPER with Mr. FosTER of lllinolS. was referred the bill of the House (H. R. 13~) to regulate the Mr. CousiNs with Mr. W A.DE. disposal of public bmds released and excluded from public .forest Mr. CURTIS with Mr. FLOOD. . reservations and for other purposes, reported the same Without Mr. CooPER of Pennsylvania mth ~r .. FIELD, amendment 'accompanied by a report (No. 2075); which said bill Mr. C..a..sTOR with Mr. DAVEY of LoiDBlana. and report ~ere referred to the Committee of the Whole House Mr. C..a..ssRL with Mr. GoocH. on the state of the Union. Mr. BUTLER of Pennsylvania with Mr. CROWLEY, Mr. HITT, from the Committee on Foreign Affairs, to which Mr. BURLEIGH with Mr. CooPER of Texas. was referred the Senate joint resolution (S. R. 61) requesting the Mr BURlrnTT with Mr. CoCKRAN of New York. President of the United States to negotiate and, if possible, con­ Mr: BRADLEY with Mr. CoCHRAN of Missouri. clude negotiations with the Government of Great Britain for a Mr. BmDSA.LL with Mr. BYRD. review and revision of the rules and regulations which now gov­ Mr. BEIDLER with Mr. BRUNDIDGE. ern the taking of fur seals in the open waters of theNorth Pac~c Mr. BEDE with Mr. BROUSSARD. Ocean and Bering Sea, and so forth, reported the sa~e Wl~h Mr. A.Lla.A.NDER with Mr. BREAZEALE. amendment. accompanied oy a report (No. 2076); which .srud Mr. ADAMs of Pennsylvania with Mr. B.A.J.'m1IEA.D, Senate resolution and report were referred to the Committee. The result of the vote was announced as above recorded. of the Whole House on the state of the Union. Mr. WILLIAMS of Mississippi. Mr. Speaker- . Mr. LACEY, from the Committee on the Public Lands,, to The SPEAKER. For what purpose does the gentleman I'lse? which was referred the bill of the House (H. R. 13631) to pronde Mr. WILLIAMS of Mississippi. I move that the House do now for the entry of agricultural lands within forest reserves, reported adjourn. the same without amendment, accompanied by a report (No. The SPEAKER. There is less than a quorum present.. The 2078) · which said bill and report were referred to the Committee gentleman from Mississippi moves that the House do now adJOurn. of th~ Whole House on the state of the Union. Mr. FITZGERALD. Mr. Speaker- . He also from the same committee, to which was referred the The SPEAKER. For what purpose do~s the ge ~tleman nse? bill of th~ House (H. R. 11584) for the protection of wild animals Mr. FITZGERALD. Pending the motion to a~Journ, I desire and birds in the Wichita Forest Reserve, reported the same with­ to enter a motion to reconsider the vote by which a change of out amendment, accompanied by a. rep9rt (No. 2079) ; which said reference was made. . bill and report were referred to the House Calendar. The SPEAKER. In the absence of a quorum no busmess can be transacted except to adjourn or a call of the.House. The rule Mr. ALEXANDER, from the Committee on the Judiciary, to which was referred the bill of the Senate (S. 3336) to provide an compels the Speaker on a roll call to ascertam ...the vote. ~e Speaker has ascertained the vote, has announced Lhe vote, and Is additional district judge for the district of Alaska, and for other compelled under the rule to take notice that there is no quorum purposes, reported the same without amendment, accompanied by a report (No. 2080); which said bill and report were refe~red to · present, and has so announced. · . . . Mr. HEMENWAY. Mr. Speaker, a parliamentary mqmry. the Committee of the Whole House on the state of the Umon. How many votes are cast? Mr. ALLEN, from the Committee on the DU!trict of Columbia, The SPEAKER. One hundred and eighty-six. to which was referred the bill of the House (H. R. 11286) to pre­ Mr. HEMENWAY. How many votes are required for a quorum? vent the unlawful wearing of the badge or insignia of the Grand The SPEAKER. One hundred and ninety-two. Army of the Republic or other soldier organizations, reported the Mr. HEMENWAY. I hope the House will vote down the mo- same without amendment, accompanied by a report (No. 2082); tion to adjourn. which said bill and report were referred to the House Calendar. Mr. BARTLETT and others. Regular order, Mr. Speakerl . Mr. WADSWORTH, from the Committee on the District of The SPEAKER. The motion to adjourn is not debatable. Columbia to which was referred the bill of the House (H. R. The queroon being taken, the Speaker announced that the noes 11819) requiring certain plaees of business in the Di.s?'ict of Co­ appeared to have it. lumbia to be closed on Sunday, reported the same mth amend­ :Mr. WILLIAMS of Mississippi. Division, Mr. Speaker, ment, accompanied by a report (No. 2083); which said bill and The House divided; and there were-ayes~' noes 67. report were referred to the House Calendar. So the motion was agreed to. Mr. BABCOCK, from the Committee on the District of Colum­ Accordingly (at 5 o'clock and 40 minutes p. m.) the House ad­ bia to which was referred the bill of the House (H. R. 14093) to journed. incbrporate the Carnegie Institu~on of Washington, reported ~he same with amendment, accompamed by a report (No. 2084); which said bill and report were referred to the House Calendar. EXECUTIVE COMMUNICATIONS. MJ.·. SAMUEL W.SMITH,from the Committee on the District Under clanse 2 of Rnle XXIV, the following executive commu­ of Columbia, to which was referred the bill of the House (H. R. nications were taken from the Speaker's table and referred as 13 0~f>) to amend section 983 of chapter 22 of the 9<>de of La.ws of the District of Columbia, reported the same With amendment, follows: 'ttin 'th 1 tt A letter from the Secretary of War, transnn g, WI a e er accompanied by a report (No. 2085); which said bill and report from the Chief of Engineers, report of examin~tion and ~ey of were referred to the House Calendar. Neuse River North Carolina-to the Coiiliillttee on R1vers and Mr. BABCOCK, from the Committee on the District of Colum­ Harbora, and ordered to be printed. . bia to which was referred the bill of the House (H. R. 14048) to A letter from the Acting Secretary of the Treasury, transrmt­ authorize the Commissioners of the District of Columbia to accept ting a copy of a communication from the Secretary of the Inte- donations of money and land for the establishment of branch li- 4078 CONGRESSIONAL RECORD-HOUSE. MARCH 31,

braries in the District of Columbia, to establish a commission to and to amend an act approved March 2, 1903, entitled "An act to supervise the erection of branch library buildings in said District, ~stablish ~ .sta?dard of value and to pro.vide for a coinage system and to provide for their suitable maintenance, reported the same m the Philippme Islands," and to proVIde for the more efficient with amendment, accompanied by a report (No. 2086); which said administration of civil goverment in the Philippine Islands and bill and report were referred to the Committee of the Whole for other purposes-to the Committee on Insular Affairs. ' Honse on the state of the Union. By Mr. WILSON of Arizona: A bill (H. R.14624) granting right Mr. SAMUEL W. SMITH, from the Committee on the District of way to the Peach Springs and Colorado River Railroad Com­ of Columbia, to which was referred the bill of the House (H. R. ·pany across the Hualapai Indian Reservation, in Arizona-to·the 13773) to provide for the settlement of certain outstanding checks Committee on Indian Affairs. drawn by the disbursing officers of the District of Columbia, re­ By Mr. ~MPHREY of Washington: A bill (H. R. 14625) to ported the same without amendment, accompanied by a report apply a portion of the proceeds of the sales of public lands to the (No. 2087); which said bill and report were refen-ed to the Com­ endowment of schools or departments of mines and mining in mittee of the Whole House on the state of the Union. , connection with the colleges established in the several States under Mr. TAWNEY, from the Committ.ee on Ways and Means, to the provisions of an act approved July 2, 1862, entitled "An act which was referred the bill of the Honse (H. R. 7292) making donating public lands to the several States and Territories which Vinalhaven, Me., a subpart of entry, reported the same without may provide colleges for the benefit of agriculture and the me­ amendment, accompanied by a report (No. 2088); which said bill chan~c arts,'' and for similar purposes, being a further supplement and report were referred to the Honse Calendar. to saJd act-to the Committee on Mines and Mining. Mr. RICHARDSON of Alabama, from the Committee on In­ . By Mr: ~A YLO~: A bill (H. R. 14626) to quiet titles to land terstate and Foreign Commerce, to which was rofen-ed the bill m the city of Mobile, State of Alabama-to the Committee Qn of the House (H. R. 7264) to provide for the construction of a Private Land Claims. light-house and fog signal at Diamond Shoal, on the coast of By Mr. GRAFF: A bill (H. R. 14627) to extend to Peoria, Til., North Carolina, at Cape Hatteras, reported the samewithamend­ the privileges of the seventh section of the act of Congress ap­ ment, accompanied by a report (No. 2089); which said bill and proved June 10, 1880, governing the immediate transportation of report were referred to the Committee of the Whole House on merchandise without appraisement-to the Committee on Ways the state of the Union. and Means. By Mr. AIKEN: A bill (H. R. 14628) to erect a monument and REPORTS OF COMMITTEES ON PRIVATE BILLS AND inclosure for same on Ninety-six battlefield, Greenwood County RESOLUTIONS. S. C.-to the Committee on the Library. ' Under clause 2 of Rule XIII, private bills and resolutions of the By Mr. VANDUZER: A bill (H. R.14629) to increase the limit following titles were severally reported from committees, delivered of cost for the purchase of site and the erection of a pnblic build­ to the Clerk, and refen-ed to the Committee of the Whole House, ing at Reno, Nev.-to the Committee on Public Buildings and as follows: Grounds. Mr. SAMUEL W. SMITH, from the Committee on the District By Mr. DAVIS. of Minnesota: A concun-ent resolution (H. C. of Columbia, to which was referred the bill of the Honse (H. R. Res. 55) that there be printed 3,500 additional copies of the an­ 13218) for the relief of Adolph Weinhold, reported the same with­ nual report of the Commission to the Five Civilized Tribes to the out amendment, accompanied by a report (No. 2081); which said Secretary of the Interior for the fiscal year ended June 30, 1903- bill and report were referred to the Private Calendar. to the Committee on Printing. , . By. ~r. WILLIAMS of Mississippi:. A resol'?-tion (H. Res. 283) CHANGE OF REFERENCE. mqumng of the Attorney-General mformation concerning an Under clause 2 of Rule XXII, committees were discharged from alleged investigation of the corporations of the anthracite coal­ the consideration of bills of the following titles; which were there­ carrying railroads-to the Committee on the J ndiciary. upon referred as follows: Also, a resolution (H. Res. 284) requesting certain information A bill (H. R. 11935) granting an increase of pension to John from the Department of Justice-to the Committee on the Judi­ Watson-Committee on Invalid Pensions discharged, and referred ciary. to the Committee on Pensions. A bill (H. R. 14611) granting a pension to William L. Beverly­ PRIVATE BILLS AND RESOLUTIONS. Committee on Pensions discharged, and referred to the Committee Under clause 1 of Rule XXII, private bills and resolutions of on Invalid Pensions. the follO'\-ving titles were introduced and severally referred as A bill (H. R. 6939) granting a pension to Sue Stevens Eskridge­ follows: Committee on Invalid Pensions discharged, and referred to the By Mr. AIKEN: A bill (H. R. 14630) granting a pension to Committee on Pensions. Augustus Finley, now Augustus Davis-to the Committee on In­ valid Pensions. PUBLIC BILLS, RESOLUTIONS, AND MEMORIALS. Also, a bill (H. R. 14631) granting a pension to William T. Under clause 3 of Rule XXII, bills, resolutions, and memorials Spencer-to the Committee on Invfl,lid Pensions. · of the following titles were introduced and severally referred as By Mr. BATES: A bill (H. R. 14G32) appropriating 300 to the follows: heirs of John Schlipf, deceased-to the Committee on War Claims. By Mr. GIBSON: A bill (H. R. 14617) for the relief of tobacco By Mr. BAKER: A bill (H. R. 14633) granting a pension to growers-to the Committee on Ways and Means. Emeline C. Sewell-to the Committee on Pensions. By Mr. KINKAID: A bill (H. R. 14618) to pay Thomas Mad­ By Mr. CALDWELL: A bill (H. R. 14634) granting an increase den, of Chadron, Nebr., $9,400 for damages sustained on account of pension to Austin Drake-to the Committee on Invalid Pen­ of depredations perpetrated by Ogalala Sioux Indians in the year sions. 1870, in the State of Colorado. without proof of naturalization­ Also, a bill (H. R. 14635) granting an increase of pension to to the Committee on Indian Affairs. Alexander Moore-to the Committee on Invalid Pensions. By Mr. LIVERNASH: A bill (H. R.14619) to amend an act en­ By Mr. CALDERHEAD: A bill (H. R. 14636) granting a pen­ titled "An act to prohibit the coming into, and to regulate the sion to James R. Fletcher-to tbe Committee on Pensions. residence within, the United States its Territories, and all terri­ Also, a bill (H. R. 14637) granting an increase of pension to tory under its jurisdiction, and the District of Columbia, of Chi­ William Kirilbrough-to the Committee on Invalid Pensions. nese and persons of Chinese descent," approved April29, 1902- Also, a bill (H. R. 14638) granting an increase of pension to to the ColiliUittee on Foreign Affairs. Park Avery-to the Committee on Invalid Pensions. By Mr. ALEXANDER: A bill (H. R. 14620) to improve the effi­ Also, a bill (H. R. 14639) gra.nting an increase of pension to ciency of marine and fisheries-to the Committee on the Merchant J. J. ltieade-to the Committee on Invalid Pensions. Marine and Fisheries. By Mr. COUSINS: A bill (H. R. 14640) granting an increase of By Mr. BABCOCK: A bill (H. R. 14621) for the disposal of the pension to Caroline McGinsey-to the Committee on Invalid Pen- unsold lots in the Fort Crawford military tract at Prairie du sions. . Chien, Crawford County, Wis.-to the Committee on the Public By Mr. CUSHMAN: A bill (H. R. 14641) granting a pension to Lands. Allan Dunning-to the Committee on Insalid Pensions. By Mr. :MONDELL: A bill (H. R. 14622) prohibiting the selec­ By Mr. GUDGER: A bill (H. R. 14642) to correct military rec­ tion of timber lands in lieu of lands in forest reserves-to the ord of H. M. Dixmore, late of Battery M Third Pennsylvania Committee on the Public Lands. Artillery-to the Committee on Military Affairs. By Mr. COOPER of Wisconsin: A bill (H. R. 14623) to amend By Mr. HAMLIN: A bill (H. R. 14643) granting an increase of an act approved July 1,1902, entitled "An act temporarily to pro­ pension to William H. Bnrnangh-to the Committee on Invalid vide for the administration of the affairs of civil government in Pensions. the Philippine Islands, and for other purposes," and to amend an By Mr. KENNEDY: A bill (H. R. 14644) granting an honor­ act approved March 8, 1902, entitled "An act temporarily to pro­ able discharge to Capt. Henry G. Thomas-to the Committe!ll on vide revenue for the Philippine !§lands, and for other purposes,'' Mill tary Affairs.

·~r /

1904. 100NGRESSION AL REOORD-ROUSE.- 4079

By Mr. HEMENWA--y: A offi '(H. R. 14645) to correct the Conn., 1n favor of ·bill S. 4845-to the Committee on Public military -record of Henry..Hayes-to the Committee on Military Buildings and Grounds. .Affairs. By 'Mr. CALDERHEAD: ·Paper to accompany bill granting an By Mr. LONGWORTH: A bill (H. R. 14646) granting an in­ increase of pension ·to James R. Fletcber-to the Committee on crease of pension to Jacob F. Newbrandt-to the Committee on In\alid Pensions. 1nvalid Pensions. By Mr. CAESINGHAM: Resolution of public meetings held Also, a bill (H. R.14647) granting a pension to Verrelle S. Wil­ in the Board of Trade Auditorium, Columbus, and in the Odd lard-to'the Committee on Invalid Pensions. Fellows' Auditorium, Cincinnati, Ohio, in favor of a bill to create By Mr ..MURDOCK: .A bill (H. R.14648) granting an increase a colonization bureau and to proviae for advances to actual of pension to ·william Thders-to the Committee on Invalid Pen­ settlers on the public domain-to the Committee on the Public ..sions. Lands. ~ Alw, a ·bill (H. R. 14649) granting an 'increase of pension to By :Mr. CROMER: Petition offfiysses G. Humphrey and others, Calvin Myers-to the Committee on .Invalid..Pensions. of Indianapolis, Ind., in favor of the enactment of the HeJlburn· Also, a bill (H. R. 14650) granting an 'increase of pension to Dolliver bill-to the Committee on the Judiciary. Austin Tuttle-to the Committee on Invalid Pensions. By Mr. DOVEl\TER: Papers to accompany bill H. R. 14308, Also, a bill (H. R. 14651) granting an increase of pelhSion to granting an increase of pension to Frances P. McMurtrie-to-the Levi M. Hall-to the Committee on Invalid Pensions. Committee on Invalid Pensions. Also, a bill (H. R. 14652) granting an increase of pension to Also, papers to accompany bill H. R. 12572, granting a pension John H. Ash-to the Committee on Invalid Pensions. to John Sutton-to the Committee on Invalid Pensions. Also, a bi11 (H. R. 14653) granting an increase of pension to Also, petition of Mrs. A. J. Clarke, president of ihe West'Yir· John P. Blount-to the Committee on Invalid Pensions. ginia Indian Association, and 85 other citizens of Wheeling. ·w. Also, a oill (H. R. 14654) granting a pension to Elizabeth J. Va., relative to relief fm· the landless Indians of northern Cali· Todd-to the Committee on Invalid Pensions. f01-nia-to the Committee on Indian Affair-s. By ~Ir. SIMS: A bill (H. R.14655) for the relief of William H. By Mr. DRAPER: Petitions of patrons of rural route No.2, of Carrington-to the Committee on Military Affairs. Castleton, N.Y., and Tnral route No.1, of Whitehall, N.Y., in By Mr. SMITH of Pennsylvania: A bill (H. R.14656) granting ·favor of increasing the salary of rural mail carriers, etc.-to the an increase of pension to Samuel Reed-to the Committee on In­ Committee on the Post-Office and Post-Roads. valid Pensions. Also, resolution of the .Denver Chamber of Commerce and By Mr. SULLOWAY: A bill (H. R. 14657) granting a pension Board of Trade, relative-to the management of forest reserves­ to Julia A. Campbell-to the Committee on Invalid Pensions. to the Committee on Agriculture. By Mr. WADSWORTH: A bill (H. R. 14658) granting an in­ By Mr. DUNWELL: Petition of Court Columbus, No. 7890, crease of pension to Juliana H. Barry-to the Committee on Pen· Ancient,Order of F.oresters, of Brooklyn, N.Y., in fa-vor of in­ .sions. creasing the -salaries of rural mail carriers-to the Committee on By Mr. WADE: A ·bill (H.~. 14659) granting an increase of the Post-Office and Post-Roads. pension to Caleb Crotzer-to the Committee on.Invalid Pensions. By Mr. FULLER: .Resolution of the Tilinois Manufacturing Also, a bill (H. R. 14660) granting a pension to George Hum· Association, in favor of the enactment of bill H. R. 4483-to the phrey-to the Committee on Invalid Pensions. Committee on Interstate and Foreign Commerce. Also, a bill (H. R. 14661) granting an increase of pension to Also, resolution of the Patent Law Association of Chicago, ill., Esek B. Chandler-to the Committee on Invalid Pensions. against the pa-ssage of bills H. 'R. 11585 and 8. 4062-to the Com· By Mr. WEISSE: A bill (H. R. 14662) granting an increase of mittee on Patentf!. pension to Aaron Fanshaw-to the Committee on Invalid Pen­ By Mr. GARDNER of :Michigan: Petition of Emmerson R. sions. Griswold and 16 others, of Grand Ledge, Mich., ·in favor-of the Also, a bill (H. R. 14663) for the relief of the members of the Hepbnrn·Dolliver bill-to the Committee on the Judiciary. band of the Second Regiment Wisconsin Volunteer Infantry-to Also (by-request),·petition of citizens of Wakesham Township, th0 Comnritt.ee on War Claims. Mich., in favor of the Hepburn-Dolliver bill-to the Committee By Mr. WILLIAMS of Jd.ississippi: A bill (H. R. 14664) for on the Judiciary. the relief ofMrs. C. V.Wi.lki.ns, of Warren County, Miss.-to the By Mr. GARDNER of New Jersey: Petitions of John T.·Stew­ Committee on War Claims. art and 52 others, of J>leasantville, N.J.; J. R. Wilson and 37 By Mr. BASSETT: A bill (H. R. 14665) granting an increase others, of Cape May City, N. J., and the Woman's Christian of pension .to Harriet H. Heaton-to the Committee on Invalid Temperance ·union of Mount Rolly, N.J., in favor of the Hep. Pensions. bum-Dolliver bill-to the Committee on the Judiciary. By Mr. MEYER of Louisiana: A bill (H. R. 14666) for the re­ By Mr. GRANGER: ·Petition of-Clarke & Howe~ of Providence, lief of John W. Tobin's heirs-to the Committee on Claims. R.I., protesting against the erection of buildings on the Mall­ By Mr. SHERLEY: A bill (H. R. 14667) granting a. pension to to the Committee on Public Builaings and Grounds. Marium Barton-to the Committee on Pensions. Also, petition of Lodge No. 219, 13rotherhooa of Boiler Makers Also, a bill (H. R. 14668) granting a pension to ..Annie Trace­ and Iron-ship Builders, of Newport, R.I., in favor of the-passage to the Committee on Pensions. of bill E. R. 7056-tothe Committee on the Merchant.Marine and Also, a bill (H. R. 14669) for the relief of Rudolphus Minton­ Fisheries. to 'the Committee on War Claims. By Mr. HAMLIN: Papers to acco~pany bill granting a pension to William H. Bm-naugh-to the Committee on Invalid Pensions. . By Mr. HERMANN: Petition of the governor and State officers PETITIONS, ETC. of Oregon, favoring confirmation of indemnity school selections- Under clause 1 of Rule XXII, thefollowingpetitionsandpapers to the Committee on the Public Lands. were laid on the Clerk's desk and referred a~ follows: By Mr. HUGHES of New Jersey: Resolution of Lodge No.2Q8, By Mr. ADAMS of Pennsylvania: Resolution of a society of Brotherhood of .Boiler Makers and Iron-ship Builders, of Pater· Philadelphia, John A. Campbell, president, and Thomas D. Fer- son, N. J., in favor of bill H. 'R. 7056-.:.to the Committee on the guson, secretary, in favor of the bill providing forihe erection of Merchant Marine and Fisheries. a monument.in memory of Commodore John Barry-to the Com· Also, petition of Frank 0. Mittag and others, of Park Ridge mittee on the Library. N.J., in favor of bill R. R. 9302-to the Committee on Ways and Also, petition of the Pennsylvania Working Home for Blind Means. Men, of Philadelphia, Pa., in favor of the bill relative to the trans· Also, petition of residents of New ·Jersey, relative to the land· mission by mail of printed matter for the blind-to the Commit- less Indians of northern California-to the Committee on Indian tee on the Post-Office and Post-Roads. Affairs. Also, resolution of the Tienver Chamber of Commerce and Board Also, petition of Samuel Lockwood, of Paterson, N. J., against of Trade, relative to the management of forest reserves-to the the passage of the H~burn-Dolliver bill-to the Committee on Committee on Agriculture. the Judiciary. Also, petition of the United Brotherhood of Leather Workers Also, petition of L. J. Valintine and 4 others, of Andover, N.J., on ~orse Goods, of Philadel~b?-a! Pa.,, in f~vor of -the passage of in favor of the Hepburn-Dolliver bill-to the Committee on the an 9lght-hour law and an antl-:mJunctwn bill-to the Committee Judiciary. on Labor. By 1\fr. HUFF: .Resolution of theNew Century Club of Fhila· By Mr. ALEXANDER: Petition of Buffalo Chapter of the delphia, Pa., favoring .a width of 890 feet for the Mah-to the American Institute of Architects, in favor of bill S. 4845-to the Committee on Public Buildings and Grounds. . Committee on Public Buildings and Grounds. : . . By Mr. KLINE: Petition of Kroll Furniture Company (Lim- By Mr.BARTLETT: Paper~ to accompany clarm. of Archibald 1ted), of Allentown, Pa., in favor of1illl H. R. 9302-to the Com- Ta~er (Sarah N. Tanner, Wldo:w)-to the Committee on War mittee on Ways and Means. • Clauns. . . . ' I By Mr. LINDSAY: Resolution of the F. F. Williams Repub· By Mr. BRANDEGEE: PetitiOn of citizens of New Britain, lican ~attery, of Kings County, N.Y., in favor of increasing the 4080 CONGRESSIONAL RECORD-SENATE. APRIL 1,

salaries of rural mail carriers-to the Committee on the Post­ ENROLLED BILLS SIGNED. Office and Posli-Roads. Also, resolution of the Denver Chamber of Commerce and Board The message also announced that the Speaker of the House had of Trade, relative to the management of forest reserves-to the signed the following enrolled bills; and they were thereupon Committee on Agriculture. · signed by the President pro tempore: By Mr. LORIMER: Petition of Frank Salter and 7 other citi­ A bill (H. R. 133) granting an increase of pension to James W. zens of Chicago. Ill .. against the passage of the Hepburn-Dolliver Smith; . bill-to the Committee on the Judiciary. A bill (H. R. 153) granting a pension to Harriet Snyder; By Mr. M;ORRELL: Pe~ition o~ the P~nnsylvania Working A bill (H. R. 194) granting a pension to Mary J. Bradley; Home for Blmd Men, of Philadelphia, Pa., m favor of the bill for A bill (H. R. 620) granting an increase of pension to George D. the transmission by mail of printed matter for the blind, etc.-to Boyd; · the Committee on the Post-Office and Post-Roads. A bill (H. R. 729) granting an increase of pension to Freeman By Mr. MURDOCK: Petitions of citizens of Haviland; Wil· 0. Hodge; liam Rogers an.d 22 others, of Crystal Springs; Rev. E. H. Gagle A bill (H. R. 74.2) granting an increase of pension to George W. and others, of Spearsville; C. M. Holmes· and 97 others, of Cold­ Darrah· water; citizens of Oatville; citizens of Nickerson: members of the A bill (H. R. 790) granting an increase of pension to Oliver A. United Presbyterian Church of Wichita; T. A. Hubbard and oth­ Filman; ers, of Sumner County; Andraw Tinkham and others of Sumner A bill (H. R. 805) granting an increase of pension to George W. CoU?ty: citize~ of Belle Plains, and Good Templars of Eldorado, McConkey: all m Kansas, m favor of the passage of the Hepburn-Dolliver A bill (H. R. 936) granting an increase of pension to William bill-to the Committee on the Judiciary. Millian; By Mr. PORTER: Petition of thePittsburgChapter,American A bill (H. R. 967) granting an increase of pension to Nicholas Institute of Architects, in favor of bill S. 4845-to the Committee Gruber; · on Public Buildings and Grounds. · A bill (H. R. 1170) granting an increase of pension to Lewis L. Aim, resolution of the New Century Club, of Philadelphia Bean; . against narrowing of the Mall-to the Committee on Publi~ A b~ll (H. R. 1176) granting an increase of pension to George Buildings and Grounds. W. Kimble; . Also, petition of Paul Synnestoedt, of Pittsburg, Pa:, aO'ainst A bill ( H . R. 1179) granting an increase of pension to Jasper the passage of bills H. R. 11585 and S. 4062-to the Committee on Richey; _ _ , Patents. , A bill (H. R. 1285) granting an increase of pension to Adam By Mr. ROB:rn:soN of ~kansas: Papers to accompany bill Gosage; . • H. R. 14853, relative to the establishment 9f a division of the A bill (H. R. 1515) granting a pension to Lucy Warren· l United States court at Hot Springs, Ark.-to the Committee on A bill (H. R. 1519) granting a pension to Thomas P. M~ore· the Judiciary. A bill (H. R. 1528) granting an increase of pension to Cha;les By Mr. ROBINSON of Indiana: PetitionofLocal UnionNo.19 C. J oralemon; International Union of Steam Engineers, of Fort Wayne, Ind.: A bill (H. R. 1575) granting an increase of pension to Henry F. in favor of tbe passage of an eight-hour law and an anti-injunc­ Dans: tion bill-to the Committee on Labor. A bill (H. R. 1905) granting an increase of pension to Elias By Mr. THOMAS of North Carolina: Papers to accompany bill Holliday; H. R. 44::35, for the relief of W. H. Bucklin-to the Committee on A bill (H. R. 2110) granting a pension to Mary Farrell; War Claims. A bill (H. R. 2121) granting a pension to Gertrude Merrill· By Mr. WADSWORTH: Petition of citizens and business men A bill (H. R. 2122) granting a pension to Orlo H. Lyon; ' of Perry, Wyoming County, N.J., against the establishment of A bill (H. R. 2189) granting an increase of pension to Henry a parcels post-to the Committee on the Post-Office and Post- Spindler; · · . Roads. . A bill (H. R. 2371) granting a pension to Sarah J. Herman; By Mr. WANGER: Petition of Rev. William Hamilton Miller A bill (H. R. 2490) granting a pension to John Maynard· D. D., and others, of Bryn Mawr and vicinity, Pennsylvania, rela~ A bill (H. R. 2491) granting a pension to Larkin Mayna;d· tive to the landless Indians of northern California-to the Com- A bill (H. R. 2589) granting a pension to Susanna Cosgro~e; : mit ~ ee on Indian Affairs. . A bill (H. R. 2852) granting an increase of pension to Abraham By ~r. WILLIAMS of Mississippi: Petitions of W. E. Todd J. Yeomans; ~ and 23 others, of Jackson, Miss., and E. A. Downs and 29 others. A bill (H. R. 2855) granting an increase of pension to John W. of Flora, Miss., in favor of the Hepburn-Dolliver bill-to the Hill; · 0 • • ~ Committee on the Judiciary. A bill (H. R. 2.S62) granting an increase of pension to Henrietta By Mr. ZENOR: Petition of J. J. Wheeler, chairman of the A. Pryce; · 0 Farmers' Institute, Rome. Ind., in favor of bill H. R. 9302--to the A bill (H. R. 2914) granting an increase of pension to Charity Committee on Way~ and Means. M. Farmer; - Also, papers to accompany bill H. R. 10643, for the relief of A bill (H. R. 2928) granting an increase of pension to Daniel - James F. Belcher-to the Committee on Invalid Pensions. Bushman; • A bill (H. R. 3027) granting an increase of pension to- William H. Vickers; · SEN.ATE. _A b~l (H. R. 3033) gran~ng a p~nsion to James .M. Hurley; A b1ll (H. R. 3035) grantmg an mcrease of pensiOn to William FRIDAY, April 1, 1904. D. Hall; A bill (H. R. 3167) granting an increase of pension to James "Prayer by the Chaplain, Rev. EDWARD EVERETT HALE. Littletcn; · The Secretary proceeded to read the Journal of yesterqay's pro­ A bill (H. R. 3266) granting a pension to James M. Simms; ceedings, when, on the request of Mr. KEAN, and by unanimous -4t bill (H. R. 3806) granting an increase of pension to George consent, the further reading was dispensed with. H. Sweet: The PRESIDENT pro tempore. The Journal will stand ap­ A b~ll (H. R. 3902) granti~g a pensi?n to Martha J. Derrington; proved. A bill (H. R. 4141) granting a pensiOn to Mary Shiver; GERMAN H. HUNT. A ~ill (H. R. 4252) granting an increase of pension to George M. Gibbons; The PRESIDENT pro tempore laid before the Senate a com­ A bill (H. R. 4330) granting a pension to Catherine Tully· munication from the assist~nt clerk of the Court of Claims, trans­ A bill (H. R. 4355) granting a pension to Martha A. Day·' mitting a certified copy of the findinglii of fact filed by the court in A bill (H. R. 4539) granting a pension to Jane E. Tatum·' the cause of German H. Hunt, survivor of Robert Poole, deceased, A bill (H. R. 4599) granting a pension to Ella F. Whitehead· v. The United States; which, with the accompanying paper, was A bill (H. R. 4623) granting a pension to Electa L. Willard;' referred to the Committee on Claims, and ordered to be printed. A bill (H. R. 4634) granting an increase of pension to Randolph MESSAGE FROM THE HOUSE. T. Stoops; A bill. (H. R. 4708) granting an increase of pension to Margru·et A message from the House of Representatives, by Mr. W. J. F. Harns; . BROWNING, its Chief Clerk, returned to the Senate, in compliance A bill (H. R. 4874) granting a pension to Charles V. BilliO'; with its request, the bill (H. R. 8681) to detach the county of A bill (H. R ..4889) granting an increase of pension to He~·y C. Lynn, in the State of Missouri, from the western and attach it to Beltz; the eastern judicial district of said State. A bill (H. R. 4941) granting a pension to Mary J. Wilson;