93-2 00NGRESSIONAL REC~:RJDL-SENiA'JfE. J.ANUAR'F 7,

34-25: .Also, teleg1:am from the- WasMngt&n fle!_ghts !Jha,llt~~ r Mr. M£NARY. I introduce- a bill1 wHh reference·· to reclama­ of Ameriean ·war ~!others , . strongly: pro~ting; aga_!nst. th~ ti~ which. is similaJ: to. one I introdl1Ced some time ago, though passage of the contemplated: chang~ in ~~L P.¢'~onne~ :e .in a. ~lightly, different. form. I ask that in be referred to the Public Health: Se:rviee-Reserve-;, tor tbe e · ou..c constant and inspectors- employed iru connection witli the. enforcement portion. Through Jesus Ch.rist,, our Lord. Amen. ot. national pr.ohibition: be: placed.in: the classified' sEmvice with­ The reading clerk proceeded to read the JournaL yesterday's out further ex.a:mina.tiont and that no appointment shall be o.t made hereafter to any position in the Federal prohibition en­ t'lroceeding , when, on request of Mr. CtmTIS and by; unanimous consent, the further reading was dispen ed with and the· Journal forcement service except ilL accordance with. the civil-service act and rules promulgated the-1~euuuer,. etc., intended', f.a. be pro­ ' as approved. - posed by him to. House hil1 97.24; the '.nreasm:y Department ap­ MESSAGE FROM THE HOUSE. propria.tion bill, which was· referred. to the·C.ommittee on. Appro­ A me age from the House of Repre entative ; by Mr. 0\rer­ priations and ordered to be printed. hue, its enrolling derk, announced that the IDmse had passed a bill (B. R. 9724) malting appropriations f01.: the Treasm;y De­ ANNUAL REPORT OF. WAR... FINANCE CORPOXATIDN. partment for the fiscal :.year ending June 30, 1923}. and for1 otlier Mr. MOSES submitted the:foilowing. resolution ( S. Res. 206), }}nrposes, in which it requested the concurrence of tlie Senate. which was considered by unanimous consent and agreed to: HOlJSE BIBL REFERRED. Rcsolv.ed, That 25,000 copies ot:· Honse docn:m.ent . Nb 14:3, Sixty­ seventh Congress, second \lleSsion, being tbe• Annual' R~port of 'the War ~fr. WARREN. I ask that the bill which has just eome trom Finance- Corporation for the_ yean erufedl Novambes: 30, 1!12-'ll. be printed the Hou e of Repre entatives be 1referred to the Committee on­ for the use of the Senate document room Appropriations, THE PUBTIIe HEALT.H SERYICN. The bill (H. R. 9724) making apyrepriations for the Treasur~ Mr. SIH00T. Mr. Presideat, I . askl unanimous consent for a Department for the fiscal :.ye-ar· ending- June 30, 192.:>, an:d fov · fewJ moments to make w statement to• the S~ate • in relation to other pm·po ~ es , was read twiee by its titl'e and referred to the a telegram found in th& Post this. morning; and- I suppose in Committee on Appropriations. all the other papers, in relatioiL to the Public Health Service. PETITIONS AND MEMORIALS. '.IJl:te.-- VIOE. PRESIDENT. WJthout objection, the Senator ~Ir. ·wiLLIS presented a resolution o:t South Side Po t, No. from Utah will proceed. 531 the .American Legion, of Toledo, Ohio-, protestin-g. against :J\.f'r. Sl\100T. I know thatevery, Senator has been bombarded· the' proposal to pay a soldier.s' bonu from funds raised by with' telegrams, all exactl.y,- alike,, in. relation to the Reserve ta}.:i.ng beer and light wines, which was referred to tile. Com­ Medical Corps of· the Public Health Service. I wish to read mittee on Finance. tliis teleyam into the REcoRD and then make just a few re­ He also presented petitions of the Optimist Club, of Colum­ marks upon it. The telegram is dated' New York, January. 6, bu ·, anu sundry citizens of Columbus, Worthington, Clyde, and reads: Bucyrus, Powell, Lorain, Coalton, St. Marys, Terrace Park, .A telegram- from the United States Public Health , ervice stating ·wooster Sandusky, Newark, Alice, Clarksburg, Brooksville, that President Ha.~:ding had given assurance no activ orders placing· Chillicothe, Morrow, Oak Park, Gallipolis, Cleveland, and Bel­ service- physiciaDB• on a civilian basis were contemplated was received· to-day by Dr. R. W. C. Francis, morale officer at the Il'ox Hill1Ho pital laire, all in the State of Ohio, praying for the enactment o:f· on Staten. Island. legislation providing protection- for the national forests andJ:l!e. The telegram was in reply to a protest sent to Washington by 600 ·eforestation of denuded landS, which were referred to' the crippled' veterans against any· proposal to reduce the medical staff of the 1 service• with a 20 pe:r cent cut in1pay. Committee on Agriculture and Forestry. T.o-day's• message asserted the E.resiuent would back up no such trans­ l\fr. TOWNSEND presented' a memorial of the Homer Busi­ fers of physicians, and that Brig. Gen. Sawyer, the presidential pbysi­ ness Men's Association and sundry citizens of Homer, Mich., sian, regretted the suggestion had caused so much anxiety. _ .. protesting against the discontinuance of village mail' delivery).. Mr. President, I wish to say that tliere has never been a which was referred to the Committee on Post Offices and Post, proposition made by anybody tliat J• am aware of to cut the- pay Roads. of· the reserve officers of .the Public Health Service one penny. He also pre enteu three memorials of sundry citizens of There has been a proposition, and I am heartily in favor- of it, Ypsilanti, :Mich., remonstrating. agp.inst the _ena~tmen t- of S~:r;t_ate-: to take the reserve medical offi.ce.Ts out of t he position they are bill U84, to suppress the sale of fu:earmsj etc., which were' now- occupying, where they are being treated just the same as referred to the Committee on the .Judiciai.Y. the regular officers of the Army and Navy; in other words, BILLS INTRODUCED. allowed commutation of quarters, allowed longe rity pay, allowed BilL'3 were introduced, rea

contraTy to law, as to give commutation of qumters and Mr. Sl\100T. The regular corps has that privilege by law, lono-e,ity pay to nlll's sand administrati\e assistants. If some­ but not the Reserve Corps. I will say to the Senator that they thin()' had not been done to stop it, we would have bad thou­ had a bill introduced in Congress, in both branches, a few years sand~ of such as istants and nurses upon the retired list in a ago, and it bas been reintroduced in Rearly every Congress-it short time, and some .of the administrative assistants wh~ do was reported favorably from the Public Health and National nothing but clerical worlc would have been placed on the retired Quarantine Committee by the Senator from Maryland [Mr. list. . FRA.NCE]-granting some six hundred and eighty-odd additional 'Ihe propao-anda that has been going on comes from one officers to the Public Health Service. What was the object source and one sour.ce only-! will modify that, not from one of such legislation? It was in part to cover up the acts of source only, but it is inspired from one som•ce only, namety, the Public Health Service up to that time that were beyond from the Public Health Service. Th~y are trying now to make question unlawful. it appear that if these physicians in the Reserv-e Corps now in I am informed now tbat past payments that were made for the service of the Public Health Service are not given all the ltion. men who are in the Medical Reserve Corps will be put out. I Mr. FLETCHER. 1\!r. President, may I interrupt the Sen­ want to get at just what the situation is and what is contem­ ator to inquire if the propositi<>n was to the effect that the plated by the Secreta_ry, if the Senator can tell me. reserve officers would be taken out of the hospitals and that the Mr. SMOOT. -There was a move on foot to make the Re­ soldiers in the hospitals would be treated by private physicians serve Corps a civilian body'. That was all that was intenaed. unde-r some contract arrangement? Mr. JONES of Washington. Can that be done without legis­ 1\11·. SMOOT. No, no; the proposition is that these same men lation? shall continue to treat the soldiers in the hospitals just the Mr. SMOOT. I think it can. 1 In fact, the Treasury Depart­ same as they are doing to-day and be paid the same amount ment thinks that an order of the President is sufficient under they are being paid to-day, but denying them retirement privi­ the law to accomplish that. leges. I do not believe it is necessary to have a man clothed l\Ir. JONES of Washington. That did not contemplate, how­ with the power of an officer of the Regular Army before he can ever, taking these ex-service men out but simply giving them attend to a wounded soldier. a civilian status rather than the status of Army officers? Here is Mr. A. C. Weaver, president of the Reserve Officers~ Mr. SMOOT. Absolutely; and not only that but I will say As ociation, Public Health Service, writing a letter to me to the Senator that they were to be paid a compensation SUL'li­ which contains this statement: cient to cover all the benefits they are receiving to-day. Again, it is very evident that a medical man in order to de-velop tbe Mr. JONES of Washington. But it would take away from best in him to t·ender tbe best service possible must be free from aU them the retirement privilege? worries of any 'Uncertainty of his future. Mr. SMOOT. Yes; the retirement privilege. In other "·ords, they can not do the best work in them unless Mr. JONES of ·washington. Of course, I do not know what we s;hall say we are going to take care of them forever· or as are the provisions of the law; but it seems rather strange to long as they li\e. We have got to assure these men that they me that we have a corps here created that has retirement privi­ are g.oing to get $4,000 or $6,000 a year, and that when they leges which the President could take away by an Executive reach a certain age they are to be retired and the taxpayers order. of the country are to carry them on their backs as lonoo as Mr. SMOOT. 1\Iore than likely it has been gt·anted by an they live or else they can not take care of the disabled soldiers. Executive <>rder, I will say to the Senator. Mr. President, I do not wish to take the time of the Senate Mr. JONES of Washington. That is what I am trying to this morning again to call attention to what has been going find out. on in the Public Health Service. I am simply going to content Mr. DILLINGHAM. Mr. President, may I make an inquiry myself by ·aying that if the Public Health Service does not in this connection? Is it not true that all these regulations correct the evils that nave existed in that service-aye, Mr. regarding the Reserve Corps were purely regulations that were .Presi it to follow the object that Congress intended in creat­ l\fr. JONES of Washington. But is it possible that Congress ing H. has autbo"rized an executive .officer by Executi"e order to ex­ 1\Ir ..JONES of W.ashington. Mr. President-- tend the retirement privilege to employees of the Government? 'l'lw VICE PRESIDENT. Does the Senator from Utah yield I can hardly conceive that as being possible. , to the Senator from Washington? Mr. Sl\IOOT. I will say to the Senator that the condition is M il'. SMOOT. Certainly. as the Senator has stated; it is done by regulations, and those 1\lr.. JONES of ·washington. I wish to ask the Senator regulations are approved by the President of the United States. whether or not there is any Jaw authorizing the condition that Therefore, an Executive order could undo what has heretofore I ha Ye und rstood

Mr. JONES of Washington1 That is what I am trying to 1\rr. W .A.LSH of Massachusetts. I wish to announce tlla t the get at. . :r Senator from Rhode Island [Mr. GERRY] is detained on account l\lr. Sl\IOOT. There is no such authority o;f law of whic~?­ of illness. am aware any more thau there was authority of law to g1ve The VICE PRESIDENT. Sixty-four Senators have answered a similar privilege to nurses. to their names. A quorum of the Senate is present. The Sen­ Mr. JO~ES of Washington. That comes back, then, _to my ator from is entitled to the floor. • first suggestion, that~ in the opinion of the Senator from l!tah, Mr. TOWNSEND. Mr. P1·esident, I had not supposed it was there is no authority of Jaw giving the retirement privilege possible for the spirit of animosity, hatred, and misstatement to those who are in the Reserve Corps? to go so far as it has been demonstrated to have gone by some Mr. OVERl\lAN. That is true; but have we not been making of the Senators dming the debate on the question now before appropriations to carry out such regulations? the Senate. I have always been perfectly willing, indeed, to Mr. JONES of Washington. That may be true, but the law accord the utmost candor and sincerity of purpose to every providing for such appropriations is not a permanent statute. Senator who opposed me on any matter which I advocated; l\lr. OVER1\Lt\..N. It is all wrong; and yet Congress has been but I have always reasonably expected that such opposition making appropriations to enable those regulations to be carried would be based upon the facts in the case, and that there would out, and the money to be paid. be no evident intent upon the part of any Senator to bring Mr. SMOOT. I do not believe when Congress made the ap­ disgrace and suffering to a colleague in the Senate unless it was propriations its Members knew that" such an · Execu_tive _order from conscientous convictions of duty. bad been issued and I do not believe that Congress IS gorng to It seems to me that it is necessary at the beginning, in order continue to do ~o when it learns the true situation. to arrive at a clear understanding of the question now before Mr. JONES of Washington. So that, as I understand the the Senate, that Senators should know and appreciate the con­ position of the Senator from Utah, in his opi~ion, .w.hat is con­ ditions under which the primary campaign to select candidates templated is really to get this matter back to 1ts ong~al stat~s, for the Senate of .the United States was waged in the State of undoiri

Mr. WALSH of Massachusetts. But I do not see how the l\1r. King was a man who had had great and successful ex­ Versailles treaty could be an issue in a primary election 'before perience. He ,had ·managed my ca:n:waign the :first time I ran the war had ended. for 1he Senate. He was then a young Irian serving in the State Mr. TOWNSEND. -No; I am eonfusing the 1918 campaign legislature as -clerk of tP,e ~enate, a man whom almost everybody with the one oi: 1920." knew, and whom everybody loved, and whom everybody who I .repeat, when the war 'broke out Mr. Newberry ·enlisted in knows him well to-day loves and respects, as clean and as fine the Navy and asked for assignment to active duty, but Secl'e­ a ·gentleman as I ev.e.r .knew. He had .managed my campaign. tary Daniels did not see fit to give him that assignment. He He had ·acted ·as secretary of that campaign and really had the nevertheless entered the service and was made commander of management of it, and so he was naturally turned to by these the third naval district. He had two sons, who also enlisted in gentlemen as a proper man to manage Mr. Newberry's campaign. the service, one in the Army and the other in the Navy. He Mr. King did not feel like giving an answer to them until he had a daughter. :Her husband ·enlisted in the Army and saw had

the Supreme Court afterwtu

Mr. TOWNSEND. Whatever that may be, as to whether Mr. W .ALSll of Montana. Will the Senator read the follow­ there is some admission there that bas not been made clear or ing testimony in which he said if he did make the statement not, it is undisputed, is it not, that Mr: John Newberry said be never was authorized by anybody to make it? tl1at he was financing it and wanted to finance the whole cam­ Mr. SPENCER. I think it is undoubted that so far as he paign? had any authority from John S. Newberry Ills testimony does Mr. WALSH of ·Montana. Mr. John S. Newberry said that bear thaf out? · be never talked with l\Ir-. Templeton. 1\Ir. WALSH of Montana. Dic.l anybody else? l\Ir. TOWNSEND. I do not know anything about ' that. I 1\Ir. SPENCER. Yes; but what is away back in the Senator's am just talking about the facts as they exist as we come to mind is, was t~ere anything 'vhieh u-ould connect Truman H. the e things. I am not tracing out all the little details that Newberry with it, and I believe there is not a scintilla of evi­ would not be remembered, but which would have been fixed up dence that does. if these men were dishonest and were planning and scheming 1\Ir. WALSH of Montana. I do not care about that. to evade the law. Mr. SPENCER. I thought the Senator would care about it. l\lr. ·wALSH of l\Iontana. Let me recall to the Senator the Mr. WALSH of Montana. I want to know who Mr. Temple- further testimony of Mr. Templeton, to the effect that bo one, ton was representing when he said, if he ever did say, that the not even John S. Newberry) authorized Lim to make any such friends of l\Ir. Newberry would finance the campaign. Who statement. authorized that statement? l\Ir. TOWXSE~D. I do not know whether that is true or Mr. TOWNSEND. This we know, and we have a right to not. say from the evidence, that Truman H. Newberry did not. 1\Ir. WALSH of Montana. I can assure the Senator that it is 1\ir. TRAl\lMELL. Mr. President-- true. The PRESIDING OFFICER. Does the Senator from Michi­ :\Jr. TOWNSEND. I say that I do not know whether that is gan yield to the Senator from Florida? true or not. I know it is a fact that John Newberry did state Mr. TOWNSEND. I yield. that he wanted to finance his brother's campaign. He said Mr. TRAMMELL. I would like to ask the Senator upon what that he did, and it was known that Templeton went to John he predicates that opinion? The testimony shows that Mr. Newberry or his attorney, Smith, for the money and got it. Templeton '-Yas more frequently in conference with Truman H. 1\Ir. POMERENE. If the Senator objects to an interruption, Newberry than anyone else, and it shows that he acted as an I do not care to interfere with his remarks. emiss-ary for him in going out to organize and bringing people l\lr. TO,VNSEND. I do not object at all to a question. I do into tJ1e organization. How does the Senator presume that he not care to yield for any argument, but for any question I am was not the man who made the statement? glad to yield. Mr. TOWNSEND. Mr. President, I shall not yield for any Mr. POMERENE. The Senator was asked by the Senator such ·statement as that, because that is clearly an inference from Montana with reference to John ~ewberry, and if the not backed by the testimony. Such is the basis of practically Senator from Michigan will pardon me I would like to read just all the arguments that have been made here. I shall not yield a few questions and answers. for any such statement as that, because there is no evidence :\Ir. TOWNSEND. From what page? upon which can be founded such a suggested conclusion. l\Ir. POMERENE. From page 306 of tbe record. l\Ir. CARAWAY. Mr. President-- Mr. ALFRED LucKING. Did you confer with any member ef the com- Mr. TOWNSEND. Mr. President, I merely want-- mittee about it? The PRESIDING OFFICER. Does the Senator from ~!:chi­ That is, about money. gan yield to the Senator from Arkansas? Mr. NEWBERRY. No, sir. Mr. TOWNSEND. I yield for a question, but I do not yield Mr. ALFRED LUCKING. You did not? l\lr. NEWBERRY. I did not. to an argument by the Senator from Arkansas. Mr. CARAWAY.· Ob, well, the Senator does not ha\e to yield 1\Ir. ROBINSON. Whose testimony is the Senator reading? at all. :i\fr. POl\IERENE. John New.berry is tbe witness. Mr. TOWNSEND. Very well. l\Ir. ALFRED LuCKI~o. On that committee, to be specific, were Mr. Templeton-you knew Mr. Templeton? Mr. CARAWAY. The Senator can not make conditions u-ben Mr. NEWBERRY. Yes, sir. he yields to me. Ur. ALFRED LUCKI~G. And Mr. Paul King. You knew him? Mr. TOW.NSEND. Mr. President, I have listened to what Mr. NEWBERRY. I know him now. I did not h-novy biro during the campaign. has been said by certain Senators, and I have kept my seat in Mr. ALFRED Lt:CKI::-<0. You did not? silence and tri.ed to possess my soul with as much patience as 1\lr. NEWBBlmY. No, sir. possible, but I do not feel especially like yielding to any more Mr. ALFRED LUCKIXG. And Mr. Blair. Did you know, Mr. Blair? l\lr. NEWBERRY. I knew of him ; kuew him by sight. I never had of that kind of ta1k in my time. . any conversation with Wm. • Mr. CARA. W A.Y. Is the Senator referring to anything that l\lr. ALFRED LUCKING. Did you ever have any business relations with I said? him before? ~fr. NEWBERRY. No, sir. The PRESIDING OFFICER. Does the Senator from ::\Iichi­ illr. ALFRED LucKIXG. Did you ever have any conversation with him gan yield to the Senator from Arkansas? about this campaign? Mr. TOWNSEND. I will not yield, Mr. President. I desire ~fr. NEWBERRY. No, sir. Mr. ALFRED LucrnxG. Or with Mr. Templeton about it? to proceed with what I have to say. llr. NEWBERRY. No, sir. . The PRESIDING OFFICER. The Senator from l\Iichigan Mr. ALFRED LUCKING. Or with Mr. Paul Kmg? declines to yield . .Mr. NEWBERRY. No, sir. l\fr. ALFRED LUCKIXG. Did you ever have .any conversation with Mr. 1\Ir. CARAWAY. I object to the Senator making any state­ Fred Cody about it? ments about me and then declining to yield. ~fr. NEWBERRY. No, sir. The PRESIDING OFFICER. The Senator from Michigan l\Ir. SPENCER. 1\fr. President, perhaps it may. be interesting declines to yield. The Senate will be in order. to the Senator from Montana to know that he is mistaken in Mr. TOWNSEND. I wish to read, in order that it may be in the proposition that 1\Ir. Templeton did not know Mr. King. the RECORD, what I had attempted to quote from Mr. Lucking's He will find on page 415 of the record where Mr. Templeton statement relative to Mr. Joy: was· in consultation with Mr. King, and be will also find that Mr. ALFRED LUCKING. Mr. Joy is one of the most important witnesses l\lr. King made the statement explicitly that be ·understood in tbi case. from 1\Ir. Templeton that there would be no trouble about the Later on Mr. Lucking says, on page 347 of the record. finances of the campaign. When 1\Ir. Templeton was asked We want Mr. J:oy's testimony. We believe he is an honorable gentle- about tllat, Mr. Templeton said-I read the question first: man and that he will tell the truth about this transaction. Mr. ALFRED LUCKI~G. Did you give assurances to Mr. King that tbe Later on still further be says : friends and business associations of Mr. Newberry would finance the We feel it is absolutely essential to have Mr. Joy here. campaign? I am reading from page 415 of the record. Mr. Templeton In reply to a question by the Senator from New Jersey [Mr. EDGE], Mr. Lucking again made a most significant statement. replied: The Senator from New Jersey said: ' He- As I understand, you are endeavoring to establish, I assume from That is, Mr. King- your line of examination, that Mr. Newberry personally gave that made such a statement, and if be made it I woulu not question his money? Is that the idea? word. I must have said it at some time or other. I do not remember 1\lr. POMERENE. , Mr. President-- when or where or anything abcut it. The PRESIDING OFFICER. Does the Senator from Michi­ But the previous question shows that Mr. King and Mr. gan yield to the Senator from Ohio? Templeton 'vere in consultation. Mr. TOWNSEND. I do. 938 CONGRESSIONAL REOORD---:SE ATE. JANUARY '7,

Mr. POMERENEJ. Will the Senator advise us as to what he senior Senator from Arkansas [Mr. RoBINSON] b."llows Mr. is reading and from what 'Page'? Emery, as I do. He is a good, clean man. He had been in 1\fr. TOWNSEND. :I am now quoting from the record before charge of a Government park up at Mackinaw Island, and later the committee. I will give the Senator the pages of the record of the Colville Indian Reservation in the State of Washington. where he will find the matter. The first question which was Mr. Emery was to do office work for the committee ; he ~d asked by Mr. Lucking was on page 347 of the record.; the second charge to a considerable extent of the money that was expended is also on page 347; and the third is on page 358. What .I am in the office and of the accounts there. He acted in place of 1\:Ir. now reading i on page 401. Senator EDGE said : Blair, .who had deputized him evidently to do this worli. Mr. Emery knew very much about these affairs, but he could not .As I understand, you are endeavoring to establish, I n.ssume from your 1ine of examination, that Mr. Newberry personally gave that appear before the committee. When the time came to call him as a witness he was not able to appear-and for what reason 1 mol\~~:~Li.i.i:a£JgiJ.?o~aive think so. We think the same applies to When the Senate directed that the ballots up in Michigan be John S. Newoerry and, I have no doubt, to Joy and Victor B.arnes. counted they sent men into the State to collect th~ ballots under • * * ~ * * * an agreement ·between the counsel and under the law. Mr. Mr . .ALFRED LucKING. I rea11y feel it would inform th~ committee Emery•was one of the men sent out with one of the Ford agents fully as to this matter if Mr. Joy could answer some questions. in a Ford machine, but the driver of the machine tipped tlie And Mr. Joy did answer the questions that were prepared by car over and l\Ir. Emery's skull was broken in five places, and Mr. Lucking, but the answers not being satisfactory Mr. Joy he was otherwise so terribly injured that when the trial was then became a perjurer. held at Grand Rapids he was tried, convict~d, and sentenced I wish to say here just one word further relative to the men without ever being in court. . Of course, his counsel agreed that who are Pl'incipally connected with this case-Mr. Templeton, that might be done, if it were possible, and there is no com­ Mr. Blair, who is the head of the Union Trust Co. of Detroit, plaint about that; but he was not able to be the1·e, and is to-day Mich.· Mr. King, of whom I have spoken; Mr. Joy; Mr. Green, a mental and physical wreck, as anyone may readily imagine. who has been abused _here because, as he stateil, without solici­ So when the committee conducted its examination here it weut tation he helped to .raise the deficit of $10,000 after the cam­ into the facts as to Mr. Emery's condition, and I think they paign was over. Why did not Mr. Newberry pay it? If they agreed that he was not able to come before the committee; thRt were his expenses, why should Mr. Green or anybody else be his testimony could not be taken, and.even if it could be taken it asked to pay anything on that bill? The campaign was over. would be of no value whatever. It was not necessary to .go outside. If we are to believe the It has been stated that when it was desired to serve a sub­ statement of Senators that Mr. Newberry paid it all, $10,000 plena on Mr. Emery he "had gone over into the north woods more or lesS did not amount to anything. Certainly enough has of Canada. The fact is that he had gone across the line to the been presented to snow that if .Mr. Newberry was guilty, the home of a relative, or he had been tnken there as a poor, miser­ payment of the additional amount Df money would not have able wreck; and he is now wandering about, going to some made him more guilty; but Mr. Green ~ays that he himself paid place he calls his office 'as often as he can, but is nevertheless it, and he paid it because he wanted to aid in 1\Ir. Newberry's a wreck. So his testimony could .not .be taken. It is unfor­ campaign, to -settle up the account which came in afterwards. tunate that that is so because his -testimony, like the testimony · It has· been said that after the campaign was over Mr. Green of others, would have stated the truth and -set forth the facts gave employment to Mr. Floyd, who was the s~etary 6f t~e as they existed. campaign, in order to pay Mr. Floyd fo~ something that he had It is stated that the books of the Newberry estate could not done in the campaign. All of the questions of Mr. Lucking with be found ; that letters and correspondence were destroyed. Of reference to Mr. Green indicate that G.reen and Newberry were course all of the correspondence that was purely formal and not even close friends, but Mr. Green paid the money and he of no consequence was destroyed. If those connected with -th~ took Mr. Floyd, wno is an .active, clean, .upright business man, Newberry campaign wanted to corrupt the election why did and put him in his employ, giving nim the place of a man who they not destroy everything! Why did they allow any of the had not been a success. Mr. Floyd, .I repeat, is a cl-ean, suc­ correspondence between Senator Newberry and 1\lr. King and ces ful young man, and both he and Mr. Green have said that others to be preserved? ~f they were desirous of being crooked, Mr. Newberry had nothing to do with fhe employment of Mr. , if it was their intention to destroy the evidence, why did they Floyd by Mr. Green as compensation for what Floyd had done allow any of ·it to be preserved? The fact is that they de­ during the campaign. l\Ir. Floyd said he was not employed as stroyed or caused to be destroyed only those letters which en­ compensation for what he had done during the campaign, that cumbered the office, whiCh had to be turned over the next day his employment was freely given by Mr. Green. If Green was to the State central committee. So a portion of tlle papers was not a close friend of Senator Newberry, why Should he em­ .destroyed. · · ploy Floyd to settle .a Newberry obligation? -Now, in reference to the books--. As to Mr. Cody, much has been said about him, and I think Mr. TR~LL. Mr. President-- that much more could be said. I am sorry that Senators do The PRESIDING OFFICER. Does the Senator from Michi­ not ·know Mr. C6dy. For if they did, I do not -think they would gan yield to the Senator from Florida? charge Mr. Newberry with selecting Mr. Cody as his confid_ential Mr. TOWNSEND. I yield for a question. representative. Mr. Cody was~. Newberry's loyal friend, but Mr. TRAMMELL. I will ask the Senator a question. If they a very voluble _one. He has always been a friend of mine. As preserved and retaind a part of the evidence, why did they not I have intimated, he is very talkative, but he is a riian -who preserve all of it? · likes to help .his .friends-there is no doubt about th~.t-an_d he Mr. TOWNSEND. The reason why they preseTved a part of likes the credit for doing so; .but Mr. Newberry never trusted it and did not destroy it was evidently satisfact(>ry to them. him to manage his campaign or ·to -transact any financial or They would have destroyed al_l of it, however, if they were ln­ confidential matters for him. fent upon destroying damaging evidence tllat could be brought Mr. Newberry had helped Cody when the latter was in a De­ against them. If it had not been for 'Paul King taking the troit schoQI-years and years ago. When si~~ess came i!!to his Btand at Grand Rapids and setting forth this correspondence family or something happened to' his posi~on, Mr. Newberry this case would have even a poorer foimdation to stand on than helped him out, and Cody was grateful to him. He did a good it has now; but when Mr. Murfin opened that case in Grand deal of talking, there is no doubt about that, but in no place in Rapids he stated 1all of the facts in the case. . At the close of the testimony ean it be shown that Mr. Newberry was either the Government's case Mr. NewberryJs .attorneys felt tha~ ~o respon~ible fot· what l\1r. Cody said or bound ~Y what he said. ~e against ·the defendants had been made, but nevertheless I do not know that Mr. Cody said anything, I can not find any­ they put Mr. .King, who .ran the campaign, upon the stand and thing in the record, that is detrimental to Mr. Newbet·ry, ,but he put in the correspondence with Mr. Newberry. They need he was very active and ;very much in evidence in various places. not have done .it, and in doing it they made it possible for the He and Mr. Templeton were two of those who asked l\Ir. King court practically to direct a verdict against the defend~ts in to be chairman, the executive officer of the campaign committee. that case. TI tber~ was any intent to do wrong or to defraud, He was present in 1\lr. Newberry's office in New York on sev­ the defendants were great bunglers in what they did. eral occasions :when people called. But, Mr. President, reference has been made to the books of I never go to New York but I see Mr. Cody. He is vel,'y the Newberry estate which were destroyed. The fact is that friendly; he bas always been my friend, as I think he is the the accounts of this estate are voluminous. From time to time friend of everybody; but it is really .almost a joke -to argue its books are dosed nnd stored. This pTactice llas been fol­ that Mr. Cody was .intrusted with -the carrying out of these lowed for many year . Tlle Newberry estate bas a large busi- alleged malign, corrupt agreements. Tllere is nothing in the . ness, and the books ~nd papers in connection with that busi­ recQrd to prove it. ness accumulate rapidly. So they have b-een in the habit, after Mr. Emery was.really the active treasurer; he acted for Mr. a certain length of time, of taking their books out and putting Blair very frequently. He was a' very active man. I think the them in what is called a burn, which, perhaps, had better be 1922. CONGRESSlON~'-\_L RECORD-SENATE. 939

called a storeroom. They had been doing that for yea1:s. How­ That would be a stupid thing for him to say. What he meant ever, all of the particular books in question in response to sub­ was that not with his procurement, not with his knowledge, was prena were taken to the trial at Grand Rapids and laid before it done, because he could not have told of a dollar that had the grand jury. The man who examined them before the grand been paid by anybody, nor could he have told of a dollar that jury was Mr. Souter, who was the clerk of the grand jury and had been paid to anybody out of the campaign fund that had also one of the attorneys of 1\Ir. Ford in connection with the been raised for him. So he

940 CONGRESSIONAL RECORD-SENATE. JANUARY 7,

1915 or 1913, I have forgotten which year, there was pas~d I remember Mr. Yelland gave me some pamphlets at that time and later he gave me $10. I think he came back to Gladstone before the another statute in which 11 things were enumerated for which primary at that time. I think he was alone in the car. men could be hired. I maintain, sir, that nothing was done in this campaign, when it is rightly understood, that was in l\1r. SPENCER. Mr. President, will the Senator be good violation of the act of 1913. That was a State statute. 1\Ir. enough to give me the page? Ford's friends have been active since the beginning of the pri­ Mr. TOWNSEND. Will the Senator give us the page? mary until this hour; hired attorneys have been constantly on Mr. WALSH of Montana. Page 322 of the bill of exceptions: the job ; and the Federal authorities were also active, through · He asked me when he was there the first time to get some other .chi If Mr fellows to do work for Mr. Newberry in the fom·th wa.rd, to help dis- their secret agen ts, all over t h e St a t e of M 1 gan. · tribute a little literature f<>r Newberry. He requested me to get these Newberry had violated the State statute; do you imagine that men to work at the polls on primary day. He gave me some money they would not have brought a prosecution against him in for other people aftex:wards, but that was :probably later ont when be . th t th St te brought the literature <>ver there at that time. Mr. Yellana gave me the State of Michigan ? They d o not· b e1 teve a e a $30-$10 for me, $10 for-·another man, and $10 for still another man, law was violated in its spirit and intent. each of whom was to go fo a different precinct and to stay at the p.olls When some Senator stated here the other day-! think it was on primary day. the Senator from Montana [Mr. W ALSH]-that men were Mr. TOWNSEND. Mr. President, as I said, my contention hired to work on primary day, I said there was nothing in the 1s that unless somebody was employed right at the polls, con­ evidence that I knew of that would establish that fact, and the trary to the prohibition of tlie statute relative to proximity to Senator sl'lowed me that I was mistaken. There were one or the polls, everything that wa..s done at the primary was justi­ two witnesses who testified that they ;were going to hire men, .fled under the statute of 1913, framed after the act of 1909. or had hired men, provided for some six or seven men at $5 Mr. Yelland's testimony, quoted by the Senator from Montana, a day to work on primary day. clearly related to distribution of literature. and that was cer- I hall have to impose upon you by making a statement which tainly lawful. These men rp.ust be workers if they do the is not in the testimony, but I simply.state it upon my honor. things that they are permitted to do under the statute. There I know from 1\Ir. King-now, you may not think that is re- is no uae of quibbling over that. Of course they were workers. liable, but to me it is entirely reliable; when Paul King makes It is legal to hire m~:m to do these things, and that is what a statement of fact to me, I take it for the truth-he told me was done; but, Mr. President, how does Mr. Newberry's cam­ that be sent out orders to all of the people, his committees in paign, or the campaign that they conducted in Michigan, differ these counties, that they must have nobody at the polLs on pri- from my campaign or from your campaign? Is it true that the mary day; not that it was a violation of this statute to be IQ.ere amount of money that a man spends in his election, if it working to canvass the votes but because we had a statute is legally spent, is improper, and that he should be ousted that a man must keep away from the polls a certain distance from his seat in the Senate for that reason? on election day, and he did not want anyone to violate it. In other words, they had a very few people employed during :Mr. TRAMMELL. Mr. President, in view of the fact that the campaign for my b~efit-e the qualified_ statement given by' the Sen­ ex-Gov. Osborn got $2,000,000? ator from 1¥Iontana [Mr. W .A.LSH]. Mr. T0WNSEIND. Yes; and legitimately. I will ask the See1·etury. to reau f:r;.om the opinions of the 1\-f1·. HEFLIN. Who is the wealthier rna~ e:x:-Gov. Osborn or Chief Justice and Mr. Justice Pitney. Truman H. Newberry? The AssiSTANT SECRETARY. Mr. Cbief Justice White, dis­ Mr. TOWNSEND. I do not know. I do not know how rich senting from the opinion, but concurring" with a modification in either of them is. the judgment of re>ersal; said in part: M1·. HEFLIN. The Senator from Missouri said Osborn was At the trial, before the submission of the case to the jury, the court n much richer man than Newberry. put the fifth count entirely out of the case by instructing, the jury to disregard it, as there was no evidence whatever to sustain. it. Tl1e 1\ft. TOWNSEND. I said I thought the Senator from Mis­ bribel'Y charge, therefoi.e, disappeared. The second, thlru, and. fourth souri "vas mistaken about. it, although I thought1 he was re­ counts, dealing, as I . have said, with one general subject, were found fer:ring to Ford instead of Newberry, but I do not know. His by the comt to be all in substance contained in th(} first count. They were, therefOre~ by direction of the court, either eliminated or con­ gue s may be just as good as mine. As you know, when a man solidated with the first count. Thus, as contained in that count the gets to be reputed a millionaire, his wealth grows \ery rapidly matters charged in the first four· counts were submitted to the jury, in the public mind. If be i& once in that class, he is w.orth as was also the sixth count; but the latter. we need not further con­ sider, as upo.n..it there '>as a verdict of not guilty. many, many millions right away. I do not know the diffe!'ence The cru;e there.fore recluces- itself solely to. the matters cover tl in in wealth between them, but I know that from my &tandard the first count. That count char~ed , a conspiracy on the part of the they are all rich men. There is no doubt- about that at all. defendants, 135 in number, including Newberry, to commit an offense against the United States-that i'l, the offense on the part of ~ow­ Thi& wa& not a campaign against a poor man. No poor man beuy of violating the corrupt practices· ack--by giv-ing, contributing lost any chances in this campaign, because there was no such expending, and using and by causing to be given, contributed ex~ man in the raae-. pended, and used, in: procuring. his nomination anu election. as 'such Senator at said nrimary and general elections, a sum in exce s of Mr. President, there are very many things that- r wish to the amount. which .he might ~awfullY, give, contribut , expend, or use, discus . One of them is that Mr. Newberry is· cha1·ged w.i.th and cause to be given, conh'Ibuted, expeu.ded, or. u.-ell for such pm­ participation in his campaign, which, it is claimed, amounted pos.e under the laws. of Michigan, and in excess. of $i10.000 to wit the sum of, $;100(000; andi on tho part of the other- defendant's of aid~ to a nolation of the statute, and would make him responsible ing, cow1seling, inducing, and procuring Newberry as such.. candiua.te for what money. was paid in or what was paid out, the daim to give, contribute, expend, and' use, ffi' cau to be given; contrilmted being that he was kept posted in reference to his campaign, arrd expended, or u~ed, said large and ex.ce. ·sire sum, in order to p:roeure hiS nomination a.nd ele.ction:. he must have known it was taking a lot of money to carry on· Conspiracy to contributo an.U expend in excess- of. the amount per­ such a campaign as he was written about, and therefore he is\ mitted by the statute was, then, the sole issue, wholly. disassociated f,.'llilty of the actions of. the campaign committee, that he is from and. disconnected wUh any corrupt or ~ongful use Qf the amount charged to have been illegally contributed: and expended. As putting responsible fol' them, that he must have known about1 this out- of view the constitutional question: already cons-idered; the errors oxpenditnre of money because he was socially and in a family assigned are based solely upon asserted misconstructions· ot the statute way related to most of the donors who \\""ere afterwards· found by the court in its charge to the jury, we bring the statute at once into view. n provides, so tar as relevant: to the case before us: to have been subscribers to this fund. " No candidate for • • • Senator of the United States ball This question was discussed in the Supreme Court by Mr. give, contribute expend, use, or promise, or cause to be given con­ Chief Justice White. The trial judge ruled at Grand Rapids tributed, expended, used, or promised, in procuring.. hls nomination a..nd eledion, any sum, in the aggr_egate; in ex.cess. o.i the amount which he that if Mr. Newberry wa& so intim~tely acquainted ·with the may lawfully give, contribute, expend, or promise under the laws of conditions which existed in l\lichigan rrupt practices act, and that you should understand and comprehend the effect and scope of the l\Ir. TOWXSE~D. Mr. President, let me interrupt the read­ act, and the meaning of the language there employ€(], and the effect ing to state that the fifth count was the charge of bribery. Tlle and scope and extent of the prohibition against the expenditure and fifth cqunt was the charge that the nomination had been secured use of money there-in contained. "The words 'give, contribute, expend,. or use,' as emplQyed in this stat­ by fraud through an improper use of money, through bribery, ute, have their usual and ordinary significance, and mean furnish, pay out, in other wor

tends to the expenditure and use of excessive sums ot money in which qui~sces. in such .expendit~es and use. But it is sufficient to constitute the candidate actively participates, or assists, or advises, or directs, or a v-~ola.tion of ~h1s sta~te tf the candidate actively participates i.n doi.og induces, or procures. The prohibition extends not only to the expendi­ the thmgs w~u.ch occas.10n such expenditures and use of money and so ture and use of excessive sums of money by the candidate directly and actively parhc1pates wttb knowledge _that the money is being expended personally but to such use and expenditure through his agency or pro- and u~ed. To apply these rules to this case : If you are satisfied from curement or assistance. . t'!le evtdence that the defendant, Truman H. Newberry, at or about the "To constitute a violation of this statute knowledge of the expendi­ bme that he became a candidate fot· United States Senator was i.n­ ture and use of excessive sums of money on the part of the candidate formE>d an~ lmew that ~is campaign for the nomination and election is not sufficient; neither i.s it sufficient to constitute a violation of this would requue ~he expenditure and use of more money than is permitted statute that ·the candidate merely acquiesces in such expenditure and by law and w1th such knowledge became a candidate, and thereafter use. But it is sufficient to constitute a violation of this statute if the by advice, by conduct, by his acts, by his direction by his counsel candidate actively participates in doi.og the things which occasion such or by !lis procurement be actively participated and 'took part in the expenditures and use of money and so actively participat~s with knowl­ expendtture and use of an excessive sum of money. of an unlawful sum edge that the money is being expended and used." of money, you will be warranted in finding that he did violate this Having thus fixed the meaning of the prohibitions of the statute, the statute known. as the corrupt practices act." court came to apply them as thus defined to the particular case before . However this may be regarded when considrred in the abstract the it, saying: difficulty w:Hh it, ~hen viewed in connection with the evidence in the "(c) 'l'o apply these rules to this case: If you are satisfied from the case to which the JUry was called upon to apply it, is that it permitted eviecame a candidate for United States Senator was in­ consptracy to vwll:!te the ~orrupt practices act if they merely con­ formed and knew that his campaign for the nomination and election t€'mplated ~ ~amp::ugn reqmrlng the expenditure of money b€'yond the would require the expenditure and use of more money than is per­ statutory limit. even though Mr. Newberry, the candidate. had not, and mitted by law and with such knowledge became a candidate, and there­ it was_ not contemplat~d that he shoulll have, any part in causing or after. by advice. by conduct, by his acts, by his direction, by his coun­ procl}rmg such expe~~Itur.e beyond his mere standing voluntarily as a sel, or by his procure!Jlent. he· actively participated and took part in cand1date an~ parhcipatmg in the campaign with lmowledge that the ex{:enditut·e and use of an excessive sum of money. of an unlawful moneys contnbuted and expended by others without his participation sum of money, you would be warranted in finding that he did violate wet·e to be expended. this statute known as the corrupt practices act." Th.e language of the corrupt practices act (37 Stat., 28) is: "No Whether the instructions marked (a) and (b), if unexplained, were, candidate * *. * shall. give, contribute, expend, use. or promise, i.n view of the ambiguity lurki.ng in many of the expressions used or c~use to be gtve!l, contributed, expended, used, 01· promised," etc. A therein, prejudicially erroneous, I do not think necessary to consider, rea~m_g of the entire act .ma~es it plain that Congr€'ss did not intend since I see no escape from the conclusion that the instruction marked to hmit sp~ntane~us ~ontnbutwns of money by others than a candidate (c), which made application of the view of the statute stated in the nor· expendi~urrs of such money except as be slwuld participate therein: previous passages (a) and (b), were in clear conflict with the text of the Of c.ourse, It does not mean that ?e must be alone in expending or statute, and were necessarily of a seriously prejudicial nature, since causmg to be expended the excessive sums of money ; if he does it in substance they announced the doctrine that under the- statute, thr?~gh an agent or agents. or. thr~ugh associates who stand in the although a cnnclidate for thP office of Senator might not have con­ posttion of agents, J?.O doubt lle IS gutlty; qui facit per alium facit per tril>uted a cent to the campaign ot· caused others to do so, he neverthe­ less was guilty if he became a candidate or eontinued as such aftet· se; .but "ul!less .h~ 1s an offender as a principal there is no offen·e. acquiring knowledge that more than $3,750 had been contributed and Sectwn i).3~ ..Cnmmal Code. declar~ : "Whoever directly commits any waR being expended in the campaign. The error in - the instruction a~t .consbtutmg an offense defined In any law of the nited States, or plainly resulted from a failure to distinguish between the subject with ?Hls, a~et~, co.~msels. comm!inds, induces, or procures its commission;­ IS a p~mcipal. _Clearly this makes anyone who abets a candidate \n which the statute dealt-contributions and expenditures made or caused expendmg or causmg to be expended excessive sums a principal offender· to be made by the candidate--and campaign contributions and expendi­ but it can not c~nge the definition of the offen e itself as contai.oed In tun•s not so made or caused to be matle, and therefore not within the the corrupt practices act so as to mnkc a candidate a principal offender statute. unlel's he directly commits tlle offense denounced. Spontaneous ex­ There can be no doubt when the limitations as to expenditure which penditures by others being without the scope of the prohibition neithei' the ·tatute imposed are consicleretl in the light of its context and its he n?r anybody else. can be held criminally responsible fo1; merely genesi~. that its prohibitions on that uj)ject were intended not to re­ strict the right of the citizen to contribute to a campaign but to pro­ abettmf! such PxpendJtures. hil>it the candidate from contributing and expending, or causing to be . It follows that one',s entr·y upon a candidacy for nomination and elec­ contL·ibuted and expend!;!d, to secure his nomination and Nection a tion as a Senator With lmowledge that such candidacy will come to largPr amount than the sum limited as provided in the statute. To ~au_gb~ unles ~u~ported. by. <'~J?enditure of money beyond the speci.fied treat the candidacy, as did the charge of the court. as bei.og neces­ limit. h not w1thm the mhlbition of the act unless it is contemplated sarily the cause. without more, of the contribution of the citizen· to the that the candidate shall have a part in procuring the excessive ex­ campaign, was therefore to confound things which were wholly differ­ penditures beyond the effect of his mere candidacy i.n evoking sponta­ ent. to the frustration of the very object aml purpo e of the statute. neou~ ~onf!ibutions and expen_d~tur~s by his supporter ; and that his To illustrate: Under the instruction given, in every case where to the remammg m the field and partlc1patmg m the ordinary activities of the lmowledge of the candidate a sum i.n excess of the amount limited by campaign with knowledge that such activities furni h in a "'eneral sense 'the tatute was contributed by citizens to the campaign. the candidate. the " occasion ' fot· the expenditure is not to be r<'~arded as "'a " causing" if he failed to withdraw, would be subject to criminal prosecution and by the candidate of s~ch expenditn;e .within the meaning of the statute. punishment. So, also, contributions l>y citizens to the expenses of the The state of the evidence made It Important that in connection with campaign, if only knowledge could be brought home to them that the that portio~ o! the charge above quoted. the jury should be cautioned aggregate of such contributions would exceed the limit of the statute, that unless It_ 'Yas a _Part_ o_f defenda?t's plan that ~~r. Newberry should would bring them, as illustrated by this case, within the conspiracy ?-~tually parb~Ipate m gt:vmg, contr:Ibuting. expendmg, usi.og, or prom­ statute and accordingly subject to prosecution. Under this view the ISillg. or causmg to be gtven, contributed. expended, used. or promised greater the public service and the higher the character of the candidate, moneys in excess of the limited amount-either himself or through giving rise to a correspondingly complete and self-sacri.ficing support others as his agents-his mere participation in the activities of the cam­ bv the electorate to his candidacy. the more inevitably would criminality paign, even with knowl~ge tha~ moneys spontaneously contributed and end infamous punishment result, both to t}Je candiate and to the citizen e.'tpended by others, without h1s ngency. procurement, .or assistance were to be or were bE>ing expended would not of itself amount to his who contributed. causing such excessive expenditure. The effect of the instruction tha.t Mr. Justice Pitney, concurring in part, said in part: was given may well have been to convey to the jury the view that Mr Newberry's conduct in becomi.ng and remaining a candidate with know!~ iuce the majority of the court hold that the act is invalid, it would edge that spontaneous contl'ibutions and expenditures of money by his serve no useful purpose to spend time in discussing those assi~nments of error that relate to the conduct of the trial. It may be satd, how­ supporters would exceed the statutory limit, and his active participation ever. that, in my opinion, the trial court did not err in refusing to in th~ ca.;mpaign~ were necessari.ly equivalent to an active participation direct a verdict for the defendants for want ot evidence of the alleged by him m causmg the expendtture and use of an excessive sum ot conspiracy; nor in instructing the jury that the prohibition of the money. and that a combination among defendants having fot· its object statute against the expenditure and use of money by a candidate beyond Mr. 'Kewb~rry's.p~rticlpation in a campaign whet·e money in excess of the specified limit is not confined to his own money but extends to the prescnbed llmtt was to be expended, even without his participation the expenditure or use of excessive sums of money by him, from what­ in the contl'ibution or expenditure of such money, amounted to a con­ ever ource and from whomsoever derived; nor in instructing them that spit·acy on theit· part to commit an offense again t the act. in order to warrant a verdict of g.uilty upon an indictment fo1· con­ For error i.o the i.nstructions in this particulat· the judgment should spiracy it was not necessary that the Government should show thn.t be reversed, with directions for a new trial. defendants knew that some statute forbade the acts they were con­ l\Ir. Justice Bnmdeis and Mr. Justice Clat·kc concur in this opinion. templating but only to show an agreement to do acts constituting a violation of the statute, their knowledge of the law being presumed. "-Mr. TOWNSEXD. Mr. President, I take it for granted there I find prejudicial error, however, in that part of the charge which is no one here who believes there was any fraud or corruption as umed tO' define tbe extent to which a candidate must participate in connected with the election itself after the primaries. The bal­ expend.iJures beyond the amount limited in order that he may be held to have violated the prohibition-an instruction vitally important be­ lots were recounted at the request of the Senate, and from that cause it was largely upon overt act supposed to have been done in recount it was found that 1\Ir. Newberry was entitled to his seat carrying out the alleged conspiracy that the Government relied to prove so far as the election ballots we-re concerned, so that all of the the making of the conspiracy and its character. and because. unless the very serious charges that were submited by 1\Ir. Ford in the purposes of defendants involved violation of the corrupt practices nct, they were not guilty of a conspiracy to commit an "offense against beginning in reference to the election have now disappeared thP United States., within the meaning of ~ection 37, Criminal Code. and no one is contending that any such fraud or any fraud what­ The instruct!on upon this topic, excepted to and assigned fot· error, ever attacllell to the election except as it came through the pri­ wa~ follows : • The phrase which constitutes the prohibition against the candidate maries. A committee of the Senate ha,·e had this matter under ' Call ing tO be given, COntributed, expended, OL' USed ' excessive sums investigation. They accepted, as I have stated, the testimony of money, is not limited and not confined to expenclitures and use of that was taken at Grand Rapids, which was largely the testi­ money made directly and personally by himself. This prohibition ex­ tends to the expenditure and u e of exec ive sums of money in which mony that was repeated by Mr. Souter, l\Ir. Ford's attorney, thP candidate actively participates. or assists. or advises. or directs, or who at the time was clerk of the grand jm·y. induces, or procures. The prohibition extend. not only to the expend.i· The committee also called some witnesses; every witness they ture and use of excessive sums of money by the candidate dit·ectlv nnd Qer onally, but to such use and expenditure through his agency, or wanted was called, except :Mr. Newberry. 1\fr. Ford' attorney ()rocurement. or assistance. To constitute a -.iolation of this statute asked for 1\fr. Newberry. EvE-ry othE:'r witness that they asked lcnowledge of tbe expenditure and use of excessive sums of money nn for who could be brought herE> was brought. The majority of the part of thP candidate i. not ufficiPnt; neither 1!'! it sufficierit to con~titute a violation of this statute that the candidate merely ac- tbe committee, for reasons evidently satisfactory to themselves. 1922. CONGRESS! ON AL RECORD-SENATE. 943- did not see fit to call Mr. Newberry before the co~ the ·oath of office which I took at yonder desk, and said, ~'I am assumption being that no case had been made against him and cO"nsulting my own pel'Sonal politiCal fortunes ; it is easy fm· that there was no reason why he should appear. The testimony me to remain silent " ; but by remaining silent I would stultify that was taken, I repeat, was just such testimony as the minor­ myself, my conscience woUld have been outraged; and, Senators, ity; as Mr. Ford's attorney, wanted taken. He did not call Mr. if such acti.o.n .would elect me I should feel that I had pur­ Cody. 1\Ir. Cody was the witness concerning whom SenatoTs on chased my s_eat through betrayal of duty. Membership here is the other side h.ave said so much. Why they did not call Mr. net worth such a price. I have never known anything but the Cody I never could ·understand. If be was the go-between, if hardest and most grinding-wo·rk since I have been here, and I he was the man who was responsible in this case, and through can see nothing else ahead; but when I quit, sir, I must have the whom Mr. Newberry worked, as they have intimated, to spend satisfaction of an approving conscience and not carry with me the Newberry money, why have they not called him? They did the knowledge of a violated oath. and of a surrender of con­ not do it. It is evidently safer to speculate in reference to wit­ viction tO" cowardly fear of political defeat. No ; I shall -.ote nesses than it is to call them and take their testimony. It is my judgment here, under no obligation to any'Oile except to my easier to say, " This man is a crook ·and he did not testify to State and country. I deplore the fact, if it is a fact, that some the truth before the grand jury," than if is to call the man be­ Senators may be influenced in their v.ote in this case by the fore the committee and examine him there and take his testi­ thought of what wiU happen to them back hO"me. · mony. I remember that the senior Senator from Washington [Mr. Finally, the unfortunate part of it was, that in the Committee .ToNES] first voted to unseat Mr. Lorimer, and then on the sec­ on Privileges and Elections the contest resulted in eight Repub­ ond occasion, when the question came up, after the Senator from lican members voting to seat Mr. Newberry and the :five Demo­ Washington had been p_ut on the committee to investigate and cratic members voting to um;eat him. I say this is unfortunate, the investigation had been concluded, he voted to seat Mr. Lori­ especially as Senators on the other side deplore the fact that mer. When he did &O the great RoO"sevelt, who was · then S9 politics has got into this matter. Of course, I maintain that it antagonistic to Mr. Lorimer, said to the people of Washington is a political job from beginning to end. Its genesis was polities and of the country- that the Senator from Washington and and its exodus will be politics very largely. Some of th.e Sen­ other SenaWrs should be defeated because of their votes for ators who have been so bitter, so regardless not only of the Lorimer. They were not defeated. Thank God, the Senator feelings of a Senator but of the feelings of the Senator's fliends from Washington was not defeated, because his defeat would and family; would not have acted as they have if it had been have robbed his State ancl the Nation of one of the ablest and the case of a man oh their side of the Chamber. I am sure most cO"nscientious Senators who ev& sat in this body. So, Mr. that is SO~ President, it is a cowardly, a dastardly argument to threaten Mr. President, the Senator from Iowa [Mr. KENYON] the . Senators with destruction if they do not happen to vote as the other day said that there was a " social lobby " at werk in be­ man who makes the threat thinks they ought to vote. half of Mr. Newberry. I do not know just exactly what a The country is not in so mnch danger from the use of' extrava­ "sodallobby" means; perhaps the-Senator does, but I do not. gant sums in elections as it is from the betrayal of the coHfi­ I am not an expert on social activities. Perchanee it means dence placed by the people in the Members of the House and friendship. So far as I am concerned, sir, I had rather be sub­ Senate. The peop-l.e can and will change their representatives jected to the influences of fl·iendship than to the influences of when they please and for what they please; but the influence of ' partisan hatred and contemptible self-serving politics. I know tho promoter of class prejudice, of the time erver whe poisons of no "social lobby" here, however, that is at work in this the public. mind with unjust reflections upon men in public life matter; I have seen no manifestation here of lobbies in behalt infli-cts a permanent injury upon society. . ' of Mr. Newberry; but I have, day after day, seen in the gal­ I expect to be a candidate for reelection; I expect to have leries paid representatives of :Mr. Ford, and I liave seen Sen­ opposition backed by -millions of clollars, but it does not frighten ators in consultation with them in the lobbies. me. Of course, if I shall not be elected that will not be im­ I know now that an attempt is being made to influence the portant; but I have never seen the time yet when merit would votes of Senators by threats as to their political existence. In not win in an election in the State of Michigan, an:d if I shall January, 1919, l\Ir. .Ford was interviewed in the Los Angeles be defeated I shall know I am not entitled to win. So if I 11a. n~ Sunday Times. I quote a portion of that interview, as follows: the merit I shall expect to carry the election, and if I do not Mr. Ford is sti'll keenly -interested in the- contes-t he instituted to have x I will be defeated, but that thought does not wei:gfi unseat Unlfed States Senator "Newllerry, his successful opponent in the November election in Michigan, and says he is prepared to spend mil­ with me an ounce in this m-atter-. . lions if necessary to attain his ends in. this fight, which he insists is l\fr. President, I was speaking of the threats made that we against machine politics and not against Mr. Newberry personally. are to meet opposition at home if we 'VOte · our judgment and He is prepared to spend millions. that judgment should happen to be in favor of .1\fr. Newberry.. Mr. SPENCER. Mr. President-- I repeat in all candor that fo1· myself I do :not know bow any­ The PRESIDING OFFICER. Does the Senator from _Michi­ body who has studied this case from beginning to end and gan yield to the Senator from Missouri? knows all the circumstances connected with it can vote to un­ Mr. TOWNSEND. I yield. seat Mr. Newberry. I .say the tight against him was born in Mr. SPENCER. Will the Senator be good enough to give politics. When Mr. Wilson put 1\lr. Ford in the ring and into the date of the interview he is quoting? I did not catch it. the campaign, that was the 1·eal genesis of this case. Mr. 'Vii­ Mr. TOWNSEND. It is dated January 25, 1919. I hold in son had said he wanted none bnt Democrats sent to the Con­ my hand here a portion of a copy of the Washington Times of gress, and it looked as though he coUld divide the Republican September 28, 1921, which reads, in large letters: Party in Michigan by putting 1.\Ir. Ford on both tickets. Hen1"1/ Ford to fight sluSlt-fund SenatorS-. Auto king grinds am to It is true that the Newben·y committee was organized before battle enemies. Win carry drive agaitlst New1Je1·rv ames directly to the Mr. Ford declared himself a candidate, and before that time voters tor action. comparatively little money \\"as expended. It was, however, And so on. Some letters have been sent out to the same known that l\Ir. Ford was a strong possibility. So long as he effect; and sin-ce this ease has been on trial before the Senate is in the hands of politicians who know what they want he certain Senators have never hesitated to threaten with defeat will be a political possibility. I am not complaining about his other Senators who would vote for Mr. Newberry, and to political ambitions; he has the same right as every other man gloat over the pr-ospect of their remaining at home because of to aspire to public position; b1:1t his great wealth and disposi­ their vote in this case. tion to advertise- give him great power and influence. An attempt has been made to coel,'Ce Senators into voting 1\Ir. HEFLIN. Mr. President, will the Senator yield? against their convictiom; of duty in this matter. Why these The PRESIDING OFFICER. Does the Senator from 1\lichi­ threats? Think of what it would cost in millions of dollars if gan yield to tbe Senator from Alabama? there were carried out the Ford threat to go into the States of Mr: TOWNSEND. I yield for a question. all the Senators who vote to seat :Mr. Newberry? Is it in the Mr. HEFLIN. I think the Senator does President Wilson interest of decency in politics and against the extravagant use an injustice by saying that he asked that n.one but Demo­ of money that this is to be done? What must a self-respecting crats be electe€l to. Congress. He wanted a majority of his Senator think of all this? party elected to Congress just as Mr. McKinley, Mr. Lincoln, I have received letters threatening me with defeat; I ha\e and 1\lr. Roosevelt on former occasions asked that a rnaj01ity received a printed circular which has been sent out stating of their -party b.e elected. · "Get in touch with Senator TowNSEND at once, and tell him 1\fr. TOWNSEND. Very w(')l; with that explanation my that he will be defeated if he speaks or votes for Senator statement may stand. Newberry.'• Oh, it 'vould have beea infinitely easier for me, Now, l\1r. President, I am not standing here alone because of and possibly better for me politically, if I had my political' for­ my belief in lllr. Newberry's title to his seat. I · know he is a ­ tune only in minu, if I had remaineu silent here, violating the patriot, and not one act of hiS sinee he beca_!ne a Senator has beerr 944 CONGRESSIONAL RECORD-SENATE. JANU RY 7, criticized. When he was here and permitted to work every, except hearsay in reference to this .campaign, and both of them Senator, Democrat and Republican, will bear evidence to his wrote letters to Newberry congratulating him tlpon bit; election,. splendid ability. No; there is nothing against him, so far as I do not care anything about that. It is pure hearsay. . his service here is concerned. There can be nothing against I re12eat what I said before, that Senator Newbeny i · a him so far as his service to his country is concerned; there Senator here. Until you Yote him out, he is a Seuator. He has can be no question raised as to that. Although he has been a right to appear here on this floor upon his honor as a Senator. abused shamefully, he is a clean man; he was clean before and That is what he will do, if he comes at all, and what he say· i has been clean since that primary. Did he and others asso­ entitled to respect. He is the peer of any one of you, here or ciated with him in the campaign become corrupt overnight? In there. He has demonstrated it in his life. Many · of you bn ve one campaign did they become corrupt? I do not believe they had scandals about elections in your States-most of you have. did, and not so believing, I shall certainly not vote against At the same time that this question arose. in reference to New­ him. berry in 1918 there were some half dozen on this floor who were But, :Mr. President, I am interested in the State of Michigan. .also published in the papers as having had peculiar metho~s If that election was bought, somebody sold it. If Truman employed in their elections. There is not any question about Newberry or his friends bought his eleCtion, thousands of that. I do not hold you guilty because those rumors were people of Michigan sold it; and yet, sir, there has not been one preyalent. I state that you are entitled to the respect of the word of evidence to show that there was any fraud or even any Senate until the Yote has been taken and you are denied a seat indirection connected with that election. By a majority of here. . several thousand our people said that they preferred Newberry No Senator ought to rise in llis place for the express purpose to Ford, and now, sir, before I, as a Senator from my State, of embarrassing a Senator in his statements of fact, and espe­ will permit an act for personal political reasons, because of cially a Senator who has suffered the tortures of hell, and who feelings of cowardice, or for any other reason to be done, I no doubt would gi ,.e eYery dollar he llas if he had not entered the must raise my voice in protest in behalf of the people of my race at all. He has had nothing but sorrow and suffering and own State, than whom there are no better people in any State persecution from the beginning until this hour. He is entitled in the Union. This is an. indictment not only of a Senator to decent respect, decent treatment, at least, on the part of his but.of the people of the State of Michigan, and I believe it has colleagues on this floor. . not been properly brought. Mr. President, I have already talkeu longer than I expected The junior Senator from Alabama [Mr. HEFLIN] on yester­ to do. day made some remarks during the course of which he stated Mr. WALSH of Montana. Mr. President-- that he was going to ask the junior Senator from l\1ichigan The PRESIDIKG OFFICER. Does the Senator from Michi­ certain questions, if he appeared on this floor. If the junior gan yield to the Senator from Montana? Senator from Michigan permits such questions to be. asked and 1\lr. TOWNSEND. Yes. for the :rmrpose for which they will be asked, I shall have less 1\Ir. WALSH of Montana. I hope that before tlle Senator gets 1·espect for him than I have now. The junior Senator from througll he will favor us with his views concerning the legality Michigan will submit to proper questions, but neither the and the propriety of the employment of thi great army of paid · Senator from Alabama nor any other Senator has any right to workers that the testimony shows wei'e employed in this case cross-examine any Senator ~n this floor, and every Senator· and give us his views concerning the meaning of the Michigan would resent such an attempt. If the junior Senator from statute upon that subject. l\Iichigan speaks~ here, it will be upon his honor as a · Senator, l\Ir. TOWNSEND. r tllought I had already covered that. I and I submit that that honor is as high as that of any other shall be glad to do it again. I discussed that to some extent. enator in this body." I hate to repeat myself, but I shall be very glad to say that I :Mr. HEFLIN. Mr. President, will the Senator yield there? do not think the Michigan statute was violated by committee The PRESIDING OFFICER. Does the Senator from 1\Iichi­ employment, unless it were in some isolated case·, without au­ gan yield to the Senator from Alabama? thority, that somebody had somebody else at the primai:ies, at Mr. TOWNSEND. I yield. the polls, within an improper distance of the poll . I do not Mr. HEFLIN. The Senator holds, then, that Truman H. know of any such case. Newberry should be permitted to come here and say just what Mr. WALSH of Montana. Of com· e, I do not refer to tho he desires to say and nothing else, and that Senators must sit isolated cases. I should like to hear the Senator concerning the silent and permit points that they would like to have elucidated entire system of going out about the State and employing agents. go unexplained? ' · Mr. TOW:NSEI\'0. I stated a moment ago, Mr. President, Mr. TOWNSEND. I would accord the junior Senator from that this campaign for Mr. Newberry was just like the Senator's Michigan the same rights that I would accord the Senator from campaign and eyery other campaign, but on a smaller scale. Alabama, and that the Senator from Alabama would demand. We all organize or attempt to organize as be t we can for our The Senator from Alabama would talk as he pleased if he took election when we are nominated or seeking the nomination. We the floor, and he would yield when he pleased. Senator New­ try to get our friends interested in our behalf. If we are able berry will do the same thing, I have no doubt, although I have to do it, 've make a canvass of the voters. We get a li t of not talked with him about this point. names, the poll list, from the secretaries or somebody else. We Mr. HEFLIN. If my seat were involved, like his, I would send out such literature as we feel we are able to send out. be willing . to be questioned by Senators about eyery phase of Some of us, already in the Senate, send it out at public expense, the case. putting it in franked envelopes to send around, which reduces Mr. TOWNSEND. 'That is a question for the Senator himself the cost to u but immensely increases the cost to the people. to decide. How many times have I been on this floor and heard We do tllat. We send out the literature, our speeches; we send questions asked of Senators which they resented, because they out such things as we think will be helpful to us. Now and then said: "You can not cross-examine me, and you must say nothing we hire some space in the newspapers and pay for it. Where to me that reflects upon my honor." the paper will not \oluntarily take it and publish it for us as 1\fr. HEFLIN. That must have been where a Senator's right daily news we buy space, sometimes, and pay regular advertis­ to sit here was not questioned. Now we are talking about a man ing rates for it. ·we all do that. There is no use of denying it. whose right to sit here is questioned. I think it is la \\·ful. Mr. TOWNSEND. It is questioned by some of the Senators. There are some people who say they do not have to spend any He will answer questions, no doubt, that are proper ; but for money. Well, in the past I have been reasonably popular in my Senators to think that they can rise before another Senator and State, and did not require, perhaps, any more than the ordinary heckle him, insult him, possibly, and give notice beforehand amount of advertising, but I have tried to do the best I could that they propose to heckle him, that they propose to ask him all always to advance my cause. kinds of questions, pertinent and otherwise, to my mind; is in­ What is the difference between that and the Newberry case, as tolerable. I understand it? 1\Ir. Newberry organized all of the counties in Mr. HEFLIN. Mr. President-- our State, save one, in that way. Instead of advertising in six The PRESIDING OFFICER. Does tbe Senator from Michi­ or eight papers, as I did, he advertised in 300, all of the papers. gan further yield to the Senator from Alabama? He put his advertisements in all of the papers. Now, I at­ l\fr. TOWNSEND. I yield. tempted to say what I will repeat: Can we draw a moral line· 1\Ir. HEFLIN. · It was not my purpose to heckle him. It wa~ or a legal line, and say that the amount of advertising, the my purpose to ask him about. testimony submitted by an ex­ amount of publicity, the amount of canvassing, must be limited governor of his State and the present lieutenant governor of hiS to the amount of my means, a poOL' man? Will that be the ~t.'lte about the situation. limit? Will it be said that if a man is worth twenty-five, thirty, 1\lr. TOWNSFJI\'0. Neither the late governor of the State ot .or forty thousand dollars, what he can pay shall be the limit of l\Jithi~an nor the lieutenant goyernor have testified to anything the expense to which all can go in the way of advertising in the 1922. OONGl{gSSIONAL 1-tECOl{D-SENATE. 945 papers; or shall we ~ay .. It i~ legal to do tllis, a11d anybody l\Ir. TOWNSEND. Wlly, he llas ltad his attornevs with him can do little or much of it, as lle sees tit"? all the time. from the beginning. · · I do not belie,·e tllat the ~tate ::;tatute was violated. I be­ 1\Ir. w· ALSH of Montana. Working for him? Electioneering lie,·e that they had the right to hire the workers that they ~poke for him? about, unless ther \Yere within the confines of the polls or too 1\Ir. TOWNSEND. Oh, I am -not saying that. I am talking near there, as canvassers. The statute was passed after the about looking after his interests in this case and against Mr. act of·1909, but they were workers, nevertheless. Newberry. l\lr. 'VALSH of Montana. Of course, the Senator spok-e about l\1r. WALSH of 1\lontana. Let us not get a way from the newspaper advertising. I want to get his view about that issue here. We are talking about hiring worket'S to electioneer. later; but for the present I should like to direct his attention Mr. TOWNSEND. I am talking about _that, too. If that is to the subject of the paid workers. l\Ir. Phillips, for instance, the law as the Senator reads it now, why have they not prose­ was a paid worker. cuted these people in Michigan? Why was not Newberry 1\Ir. TOWNSEND. Does the Senator think it was iflegal prosecuted under that law? under tile statute to pay l\11'. Phillips? Mr. WALSH of Montana. Of course, that is no answer. Mr. 'V ALSH of Montana. I do. There is a vast number of That is all the answer the Senator cares to make; is it? such cases. Every county chairman was a paid worker and was l\Ir. TOWNSEJ\TD. That is all the answer I care to make. I paid for his sen-ices. There was a man hired to travel around insist that the act of 1913 permits the things that have been the State and go among the Masons and endeavor to per ·uade done here. the Masons to support Mr. Newberry. Mr. WALSH of Montana. I have the act of 1913 before me. 1\Ir. TO,VNSEND. In other words, to canvass. I shall read it, and ask the Senator to-- . l\fr. 'VALSH of Montana. We will get to that directly. 1\Ir. TOWNSEND. That has been read over and over again. Another man was employed to go about among the fraternal It has been read by the Senator; it has been read by other organizations generally to persuade them. Another man was Senators. I think we are all familiar with it. There is a employed to go about among the veterans of the Spanish- chance for an argument as to what a. worker means, and American 'Var. whether the statute of 1913 does permit the things that we are Another man was employed to go about among the laboring talking about, and which haYe been practiced every year since men, and so on, and so on. I am speaking about paid workers. the act of 1913, at least, was passed, nobody questioning them. I want to know from the Senator if it is his view that the em­ l\Ir. 1\'" ALSH of Montana. Ob, but it is really no answer to ployment· of such paid workers, their activities being reported say that no prosecutions have eyer been had · under the act. daily to Mr. Newberry in New York, is forbidden by the statute Of course, it has been ::.·epeatedly stated here that illegal acts of tlle State? · have been perpetrated in connection with many elections, 1\lr. TOWNSEND. I do not think it is. many more than ll::n·e been prosecuted. That is no answer that 1\lr. \V A.LSH of l\Iontana. What has the Senator to say, then, ought to satisfy any man. We ought to have, it seems to me, in respect to this statute which I have before me, section 45 of from the Senator from l\Iichigan-who is a la\,·Ter ·of distinc­ tion and of reputation that is very well deserved-his construc­ the la\YS of his State of 1909: tion of this statute, what it means. Apparently the Senator Every person who, directly or indirectly, by himself ot' by any other pet·son in his behalf, gives, lends, or agrees to give or lend, or offers or contends now, and his view is, that this statute of 1909 did promises any money or valuable consideration, or promises ot· endeavors prohibit the employment of workers. , to procure any money or valuable consideration or office, place, or em­ l\Ir. TOWNSEND. That was a criminal statute. ployment to or for any voter, or to or for any person on behalf of any voter, or to or for any person in order to induce or have such person Mr. WALSH of Montana. Exactly. The Senator's view is induce any voter to vote for or refrain from voting for, or support or quite different from the -yiew expressed by the distinguished oppo~e any candidate, or on account of such voter having voted or Senator from Missouri [l\Ir. SPENCEB]. refrained from voting at any primary election in this State; every per­ son who by any means receiYes, agrees, or conn·acts for any money, gift, Mr. TOW:i'\SEND. No; now, just a moment. That was a fee Joan, or valuable consideration, office, place, appointment, or em­ criminal statute that was passed in 1909, and it bad reference, plo'yment for himself or any other person, for voting or agreeing to no doubt, to criminal acts or practices that had existed in the vote or for refraining or agreeing to refrain from voting in a particu­ way of men going out and inducing, through money and prom­ lar manner at any such pl'imary election ; or for inducing or undertak-, ing to induce any other person to Yote in a particular manner, or to do ises, men to vote a certain way by buying . their votes. There or perfot·m any of the acts of things forbidden by this act, or on ac­ is no charge that any such thing was done in.this case. count of doing or agt·eeing to do, or having done any campaign work, Mr. 'YALSH of 1\Iontana. Ob! Then the Senator agrees, electioneering, soliciting votes for such candidates on primary day or prior thereto, or who after any primary election in this State, directly apparentlr, with the Senator from Missouri [l\lr. SPEKCER] or indirectly, bv himself or by any other person in his behalf, gives or that the proper construction to be given to tlle act of 1909 is l'eceives any money or valuable consideration or place, position, or em­ that it does not prohibit the employment of men who are simply ployment on account of any person having voted or refrained from voting, or having induced any other person to vote or 1·efrain from vot­ to go ont and use arguments and proper persuasions with the ing at any such primary election; or having induced or undertaken to voters around the State, but it onl3· prohibits the employment induce any other person to Tote in a particulat· manner or for any of men "\lho are to go about and bribe Yotet·s. That is the con­ particular candidate at any such primary election, or on account of any per ·on ha,~ing done or been a party to doing anything forbidden by this struction of tlle statute gino-n by the Senator from Missouri, as act, it bE'ing the intent of this clause to prohibit the prevailing practice I understand it. of candidates hiring with money and promises of positions, etc., work­ Mr. TOWNSEXD. I agree with that. ers on primary day and prior thereto ; also, every person who in hehalf of any firm, partnership, association, or corporation gives, lends, or 1\Ir. WALSH of Montana. The Senator agrees with that? receives, or agrees to give, lend, or receive, or offers or promises any 1\lr. TOWNSE~D. I know where the Senator is going from money or valuable eonsidet:ation, place, position, or employment, or there, too. promi!-:es or endeavors to procure any money or valuable consideration, in order to aid or promote the nomination of any particular candidate, 1\lr. 'VALSH of l\lontana. Then I want to call the Senator's shall be deemed guilty of a misdemeanor, and upon conviction thereof attention to this part of the statute: shall be punished by a fine not exceeding $500 or by imprisonment for It being the intent of this clause to prohibit the prevailing practice a period of not mor·e than six months, or by both such fine and im- of candidates hiring with mone:v and promises of positions, etc., prisonment, in the discretion of the court. . workers on primary day and prior 'thereto. What has the Senator to say about that? I want to inquire of the Senator if it was the prevailing prac­ Mr. TOWNSEND. I discussed that matter, too, when I was tice in his State for candidates to hire \Yorkers to go out around on the subject before. The act of 1913, four years after tllat, the State to bribe 1oters? mentions 11 things that can be legally done involving the spend­ 1\lr. TOWNSEND. I do not think it was the practice, but I ing- of unlimited amounts of money. tllink it was indulged in in my State as it n-as in the Senator's l\Ir. WALSH of Montana. Yes; I have that statu.te be­ State. fore me. Mr. 'V ALSH of l\lontana. It was the practice, apparently, to l\lr-. TOWNSEND. That statute mentions 11 things that can hire workers, and that is the practice which "\las to be pro- . be done, practically every one of them meaning a worker that hibited. can be employed. Another thing, if the Senator please: This I wish to interrogate the Senator about this act of 1913. It statute has been the law in Michigan since 1909. It was the is there provided that- law when this primary ended, and Mr. Ford's hired men kne'v No candidate and no treasurer of any political committee shall pay, give, or lend, Qr agree to pay, give, or lend, either directly or indi­ it. Tbey have known it. They ha1e seen it violated, if the Sen­ rectly, any money or other valuable thing for any election expense ator's construction is right, at every election, because they do whatever, except for the following purposes : employ men to make canvasses, which includes the things the First. For traveling expenses and personal expenses incident thereto• . Sen a tor has mentioned. Mr. TOWNSEND. Is the Senator still addressing himself 1\Ir. WALSH of Montana. Upon what record does the Sen­ to me? ator say that 1\lr. Ford employed workers? Mr. ·wALSH of Montana. Yes. LXII--GO 946 CONGRESSIONAL RECORD-SENATE. JANUARY 7,-

l\lr. TOWNSEND. Is the Senator still asking questions? Mr. TOWNSEND. I think it would justify the employment l\Ir. 'VALSH of Montana. I wish to find out under what law of any men who did that thing to disseminate information. or statute of Michigan the Senator from Michigan finds any Mr. WALSH of Montana. Exactly. ju. tification for the employment of this great army of paid Mr. TOWNSEND. I do not think there is any question workers. I do not refer to any particular instance in which about it. these workers may have used what might be spoken of as cor- Mr. WALSH of Mbntana. Let us take, for instance, a man rupt means. There are, of course, instances of that in the who was employed to go around among the laboring men. record bnt I do not refer to them. I refer to the entire system Mr. TOWNSEND. They can use literature just the same as under \vhich this campaign was conducted, the general empl?Y- anyone else. ment of paid workers for the purpose of goi~g out and urgtp.g Mr. WALSH of Montana. Is it the understanding of the Sen­ other citizens to vote for Mr. Newberry, and helping to orgamze ator that those men had nothing to do except to disseminate lit- the counties, as it is expressed, and all that kind of thing. erature? I read: Mr. TOWNSEND. They might have done several things For traveling expenses and personal expenses incide_nt thereto for under the very statute the Semi.tor is reading. printing, stationery~ advertising, pos~age, expressage, freight, telegraph, l\fr. 'VALSH of Montana. But I mean under this particular tE:>lephone, and public messenger serVJce. subdivision. Would the Senator think it could be justified The Senator would not contend-- under this subdivision? Mr. TOWNSEND. Anyone who was advertising would be a :\Ir. TOWNSEND. In doing what? hired man, of course. He would be paid for advertising and l\fr. WALSH of. Montana. In going around among laboring under that clause he would be a worker. men. Mr. WALSH of 1\.fontap.a. Would the Senator say that this Mr. TOWNSEND. I think so, for advertising anu the <.lis:- clause would justify the employment, for instance, of a m1l;D semination of information. who traveled around the State securing the support of frater- 1\fr. w A.LSH of Montana. Of course, if the Senator thinks nal institutions? so, I need not go any further. Mr. TOWNSEND. No; I think he would be justified in :\Ir. TOWNSEND. Very well; that is the way I think. paying him for going around and advertising. The PRESIDING OFFICER (Mr. WILLis in tile chair). The 1\fr. WALSH of Montana. What did the Senator say? question is on agre.eing to the amendmentt in the nature of a Mr. TOWNSEND. I think he would be justified in hiring substitute, offered by the Senator from Montana [Mr. WALsH]. men to go around advertising, wh~ther he went . among the\ · Mr. SPENCER. Mr. President, I do not intend to speak upon Masons or the seamen or the labonng men or what not. He the pendinO' resolution but I do wish to say a word in answer to bad a right to do this, to give publicityt and he could hire men the questi~n of the Senator from Montana [Mr. WALSH]. I to do it. know what a distinguished lawye1· the Senator from Montana l\fr. WALSH of Montana. What I wan~ to. know from the is. we might just as well fairly face the question that we have Senator is whether this particular clause JUStifies the employ- a long statute to construe, which the Senator read in its en- ment of these men? tirety and read accurately. All I want to say to the Se-nator l\fr. TOWNSEND. Not all of them, but read on. from Montana is this: Mr. WALSH of Montana. I read: The Senator from Montana seriously contends upon the floor second. For traveling e::..'!)enses and I?e:sonal expenses incident of the Senate of the United States that the statute of the State thereto, for printing, stationery, a«;~vertismg, posta~e, expressage, of Michigan makes it unlawful to hire any worker on primary freight, telegr~ph, telephone, and public messenger serVIce. day or prior thereto. If the construction which the Senator ·woulU that justify such employment? from Montana puts upon that statute is correct, it means that if 1\fr. TOWNSEND. Public messenger service would cover any man in Michigan hires a man to distribute cards or hires a sornethlng, but it would not cover all that the Senator has in man to obtain the names of voters in a precinct, or visits the mind. people of a precinct to talk "vith them about the election or Mr. W .ALSH of Montana. It would not covert for . in- about the candidate-things which the Senator from Montana stance- · knows have been done in every State in the Union-if the con- 1\Ir. TOWNSEND. The Senator is going to reau the balance struction which the Senater puts upon that statute is right of it? . . f those things are criminal-- 1\Ir. WALSH of Montana. Oh, certamly. Woul

that was such an employment against public policy, having to do I say it is atrocious in its brutality. I say that the gL·ent with an election, that they w·ould not enforce the cont~act. But facts of the case are forgotten. The Senator knows that a man there was nothing morally wrong about it, and there IS no par· mig~t start out to view the great Pikes Peak of Colorado and, allel in the 'case before us. look~g at a single spot with a microscope before his eyes, see The Senator knows well enough that if the Senator and I nothmg but a puddle of mud. Yet the Senator from Montana. were to have a wager of a dollar upon some event in which we of all men, for he lives in the \Vest, where men look upo~ were interested, and if I lost and the Senator attempted,,at COD?-· mountain tops, knows that if such a man, who would come mon law to enforce that wager, the court would say, No; 1t back and say, "Yes; I have seen Pikes Peak, I watched it this can not be enforced." But the guilt, the moral burden, would morning, it is nothing but a puddle of mud; that is the way it be upon myself who failed to carry out my agreement. . looked through a microscope," had looked at the mountain top There are a multitude of things which, according to public would have seen it in all its majestic grandeuT. policy, can not be enforced in a court of law in a civil proce~d-. I say to the Senator from Montana, with all the conviction I ing. That is not what we are talking about. We are talking can put into it, that the big things of this record, the vital, about whether the Senator from Montana really seriously con­ crucial things that would determine the case before a judge, tends that because, not an army-the Senator could count them are all one way, and that a microscopic examination into de­ in a minute so far as the record goes--but that because here and tails, with which there is not the slightest evidence to connect there and elsewhere in the State of Michigan men were hired Truman H. Newberry, is not fair in any proceeding before this to do things not regular in themselves, no bribery, no ~~rrup­ body. tion, but to disseminate information and to arouse leg1hmafe l\Ir. \VALSH of Montana. Mr. President, J derive a great interest in the campaign, they are criminals. ery county in the State was paid. a statute, was listened to by the distinguished senior Senator 1.\Ir. SPENCER. Paid, but not paid except for the legitima~e from the State of Rhode Island [Mr. CoLT], long a judge, expenses which they incurred. The Senator can not put h1s called upon to determine questions of that character. I sub­ finger upon one line of testimony which shows the P?-Yment of mit that if that kind of an argument were made before him a dollar for a corrupt or improper purpose or for bnbery or a as a judge of his court upon the construction of a statute it dishonest use. . would not,_ as I think, be very persuasi....e. Mr. WALSH of 1\Iontana. They were paid for their services. Keither do I think he would find much force in the con- l\Ir. SPENCER. Let me finish my statement, if I may. If . tention that a certain construction of criminal statutes was not the Senator's construction of that statute is correct, if it is correct, because if it had been correct prosecutions would lwYe wrong to pay a. man the expenses which he h~s incurred in a been instituted under it. That kind of talk may do very well county, if it is wrong to pay a. man for the ti?le he uses and in some places, -but it would not haYe any persuasive force gives in disseminating information about a candidate or a. cause with a body of lawyers nor with a body of intelligent men or a. principle, if those things are wrong under a statute of who are endeavoring to seek what the statute means. The Michigan and are branded as criminal, why is it, as the senior statute expressly prohibits paying for electioneering. What Senator from Michigan [1\fr. TOWNSEND] intimated a moment does that mean? Everybody understands it. The boy who ago, that in that State, where politic.s run high and wh.ere men) goes about the street distributing cards or newspapers or are keen to avail themselves of every advantage \Yluch may periodicals or the billposter who posts up bills upon a board does benefit their party, that not once in the history of l\Iichigan in not engage in electioneering. Electioneering means something a single county has there been a prosecut~ng officer who ever else; it means the use of pet·suasion, the use of argument, the presented a charge for what the Senator from Montana now use of the arts that are ordinarily employed to induce a man thinks is a crime in the State of Michigan? to accept one T"iew or another. _ Mr. WALSH of l\Iontana. The Senator does not know th~t 1\Ir. President, there is no way of getting away from this. there was not. The statute of 1913, to which the Senator from l\Iichigan has 1\fr. SPENCER If there had been, that fact would have been referred, expressly provides, in subdivision 7, that money may brought out on the floor of the Senate. I have examined into be used " for the payment of public speakers and musicians at it m-.;-self as far as I have been able, and I make the statement public meetings and their necessary traveling expenses." That froni that examination that there is not the record of a single means that money may not be legitimately paid in the State of proceeding of that kind. In this case, when the actiT"ity and l\fichigan to pri>ate speakers who do not address public meet­ money and Yindictiveness of 1\Ir. Ford have been e\idenced a ings, but \Yho speak privately to the Yoters. thousand times, if there was any chance of enforcing the la. w Mr. JO:t\""ES of Washington. 1\Ir. President-- as t he Senator from Montana construes it, does not the Senator Mr. WALSH of Montana. I yiel<.l to the Senator from Wash­ presume that it would have been considered by the agents of ington. Mr. Ford and a proceeding started in every county in 1\Iichigan 1 Mr. JOXES of Washington. I should like to have the Sena­ If in every county the statute had been violated, as the Senator tor's construction of the ninth subdivision of the act, which from Montana construes it, does the Senator think, from what reads in this way : he reads in this record, that Henry Ford would have allowed a For making canvasses of voters. single man in l\Iichigan to escape the enforcement of a. law which he believed bad been violated in the interest of Truman JUr. WALSH of Montana. I shall be very glad to give the H. Newberry? Senator my construction of that language. There is no argument which is conclusive in that state of Mr. JONES of Washington. I should like to ha>e the opinion facts, but it must be persuasive to a fair mind that the Senator's of the Senator from 1\Iontana as to what that language means. interpretation of that law may be 1mwarranted. With defer­ l\fr. WALSH of 1\Iontana. I am perfectly satisfied as to what ence to the Senator's judgment as a lawyer, I differ with him that means. I haYe heretofore gi>en the dictionary definition. in toto in' the interpretation of that law. I challenge the Sen­ It means ascertaining how the voters will vote. ator to read again the opening sentences of that law, which l\Ir. WALSH of Massachusetts. Will the Senator from 1.\fon­ clearly stamp its purpose that runs like a scarlet thread through tana again state the provision of the law? the whole section. It has to do with the giving of money or 1\Ir. WALSH of l\1ontana. The ninth subdiYision of the law position to induce a voter to vote a certain way. I say that reads: it is a strained construction which the Senator from Montana For making canvasses of voters. seeks to give to the law when he says that because a man is "Making canvasses of voters" means exactly the same as hired to do a legitimate thing he becomes a criminal under that mah."ing canvasses of Senators. I dare say that some one is now construction. engaged in making a canvass of the Senators upon the question The Senator from Montana has forgotten, too, in his con­ which is before us. A Senator goes around upon the other side struction of the ·law, which construction, I think, is strained, to ascertain how Senators are going to vote in the Newberry what he is seeking to establish, that a Senator of the United case. · One Senator says, "I shall Yote for the resolution to States shall be unseated because of a failure of whom! Of seat him," and another Senator says, '' I shall vote against it." some men in the State of Michigan whose names, so far as the When the task is completed he says, "This is a canvass of record goes, are unknown to Senator Newbeny, with whom Senators which I have made." The Senator understands that he had no connection, with whom there is nol'. a. word of evi­ that is an ordinary part of a political campaign. I have paid dence to show that he ever held a word of cou-..ersation. men in my State for a list showing how the Yoters in certain The Senator from Montana contends that because some man localities were going to vote, one way or the other. · in some county hired a man to do a perfectly legitimate thing, The man who !loes that work may possibly be a partisan, and for that reason the junior Senator from the St~te of Michigan wllile he is going around doing the work he may possibly use onght to be expelled from his seat in this body. some persuasion; but that is anothet· thing. The statute re- 948 CONGR.ESSIONAL RECORD-SENATE. JANUARY 7, fers to the man who is employed to can:vass tbe voters and man was hired to persuade or induce voters. TI1e1·e were men Jloes not do anything else but roerely ascertains m~hanically who were hired to organize counties. Jww the voters are going to vote. Mr. 'VALSH of 1\lontana. Let us un<.lersta.nd tile Senator. 1\Ir. JONES of 'Vashington. Does the Senator think that if Mr. SPENCER. I am trying to make myself understood. a man who is going around ascertaining how t1ie voter will 1\lr. WA.L.SH of Montana. Let us understand the Senator vote should go further under his instruction and use arguments froiU Missouri. When a man is employed to organize a county, in order to convince the -voters how tl:iey ought to vote, that is he not .employed to endea.vo1· to induce the voters of tbat would bring him within the penalty of the statute? county to vote for some one? Mr. 'VALSH of Montana. It would if h.e were employe(} to Mr. SPENCER. By the me.thods, of com·se, which are pro­ do .it. The manager of a campaign might very properly em­ vided by law; he is not presumed to be employed to do an ploy a man to go around and make a canvass of the \Oters, unlawful thing. Thel'e- .are roany ways of organization-by pub­ stating, " That is your job; that is what I am going to pay you lic meetings and by publicity, for instance-that are expressly for." Of course, if he was employed to do that, and he went authorized by the statute of Michigan; but I asked the Senator beyond that and used persuasion, he would not have been em­ a question. He said-and he was quite right-that where a ployed for that purpose, and therefore nejther he nor the other ruan is employed to canvass there was nothing illegal in that, man could be subject to tb.e penalties of the act. but if in the ·Canvassing he should happen to make an argu­ Mr. JONES of Washington. Does the Senator froro Montana. ment to a \oter, and should e1o it for hire, at the suggestion of construe the testimony he:te as showing that the men, for i~­ th~ man who hired him, tllat th€n, in th.e judgment of the stance, those to whom he has referred, were not employed pri­ Senator from Montana, there was a criminal act instari.tly com­ marily to make a canvass of \otes but to go about and influence mitted. the voters? 1\fr. WALSH of Montana. Unde1· the plain language of the 1\:Ir. WALSH of Montana. Certainly. For instance, it is in statute. the testimony in this case that Paul King wrote to 1\ir. New­ Mr. SPENCER. Under what the Senator thinks i'3 tl1e plain berry " we do not intend to get the ordinary fellow ; we intend language of the statute. Now I l'aise the point that, so far as I to get the leaders in every community," for the purpose, of remember, the1·e is no testimony to show that men were hired course, of influencing tlie community in that direction. Why with instructions to do e"\'en what. the Senator from M.ontana. employ the leading man in the community-the banker or the complains of. The testimony shows that when they were hired lawyer or the leading merchant-to go around and ask Jones the law was. before them, and they were hired to organize, as and Smith how they are going to vote? Of course, anybody they had a rJ.ght to do, even under the Senator's interpretation could do that, but that was not satisfactory. They wer~ em­ for they were doing things that were permitted under the law~ ploying the leading man in e\ery community, th~ men of mtl.u­ of l\lichigan. ence. · 1\lr. WALSH of 1\fontana. Of course, if I read tbe record 1\Ir. SPENCER. Mr. President, will the Senator yield for a aright, they were all hired to electioneer. to induce their fellow question& voters to vote for Newberry. Mr. W.A.LSH of Montana. Just one moment. To illustrate, l\lr. SPENCER. That is t.h~ Senator's inference, but I am • I call attention to the case of the Hansons. They said, "We asking him if there is any evidence to sustain that contention? need the Han sons. We can not carry their part of the county Air. · WALSH of Montana. I think it is in the testimony. without them. We could get other men, of course, but we can I very much regret that the Senator from· Michigan [Mr. not accomplish much unless we get the Hansons." And they TowJS"SEND] is not here, for I really had intended to get his p1·oceeded to get the Hansons. It is shown that they came and view about the matter of advertising. If I gathered tb.e poSi­ , lipped them some money, but the Han sons were good eno~gh tion of the Senator from Michigan aright, he tukes the view­ to return It; they did not want the mo~ey; they 'vorked With­ and l do not controvert it-that advertisenwnts may be placed out it. So, 1\Ir. President, it is not conceivable that we can read in any number of new papers if it is a mere matter of bargain this evidence as signifying that all of the men who were em­ and sale affecting the advertising space without any under­ ployed were employed merely for the purpose of getting a list of standing, express or implied, that the editorial policy is thereby Yoter and showing whether or not they would vote for New­ to be controlLed. I should like to have the opinion of the Sena­ berry or for Osborn, as the case might be. tor from Missouri on that subject.· Now I yield to the Senator from Missouri. Mr. SPENCER. I think that any amount of money spent for :Mr. SPENCER. Can the Senator point anywhere in the adveTtising is permitted by the law of Michigan. I agree with teRtimony to a case where any man wa hired to influence the the Senator from Montana that money spent under the guise of voters or to persuade the voters to vote in any way, either for advertising but indirectly for the bribery of the editor of a or against Newberry? paper is unlawful in Michigan and in every .other State. Mr. WALSH of Montana. I can do o in innumerable in­ l\fr. WALSH of Montana. Does the Senator think the-re ,,·as , tances. not anything of that kind in the Michigan case? Mr. SPENCER: Will the Senator be kind enough to point to Mr. SPENCER. I do not think there was. I know what the one? Senator from Montana has in mind. I think lle has in mind Mr. W.A.LSH of 1\Iontana. Yes; I shall be very glad to do so, an instance referred to in the record, and I can quite unuer­ hut I have not the testimony at hand. However, I shall be very stand the inference which the Senator from Montana may draw ~latl before we get through with this discussion to supply to the from that. , 'enator from Missouri a list of such cases. Mr. WALSH of Montana. I wish to reau, then, some ex­ .Mr. SPENCER. I shall be very glad to have the Senator do cerpts from the testiillony. so from the testimony. Mr. SPENCER. rwill be glad to hear them again, although Mr. W .A.LSH of Montana. I could easily turn to my notes the Senator has read them heretofore. and find such cases. Mr. 'VALSH of Montana. Of course, the Senator might go out . l\Ir. POMERENE. Mr. President-- among school children and get them to believe that in the New­ 1\Ir. WALSH of 1\Iontana. I yield to the Senator from Ohio. berry campaign money was spent for mere adverti ements such 1\Ir. POMERENE. If the Senator from 1\Iissouri really wants as the grocery man and the dry goods man put in the paper; but the information for which he asks, I desire to say that if he will the conclusion that the influence of the newspaper through its read the minority report he will find most of it there. editorial columns and otherwise was expected, just exactly the Mr. SPENCER. I have read the minority report with care same as the influen:ce of the man who was employed to organize aml with very great pleasure, because it was prepared by the a county was expected, is irresistible from the record. How­ Senator from Ohio. · ever, there is more specific proof than that. I have collated • Ir. POMERENE. The Senator from Missouri while he was some matters from the record. I refer, first, to tile testimony of reading the report must have been preoccupied with some othe1· James Haskins, which is found in the ·record on page 872. He subject, otherwise he would have had the information for which was one of 1\Ir. Hopkins's assistants, Mr. Hopkins being the he has asked the Senator from Montana. director of publicity. Mr. Haskins testified as follows: ~lr. SPEXCER. It woulu be difficult to be preoccupied to any The ori~inal Intention of i\lr. Hopkins was to spend about $130,000 ,·uch extent when reading anything which had been produced by on the puolicity work, but that of course $130,000 did not begin to cover it. He said also that he and Mr. Hopkins both, in the beginning, the Senator from Ohio. My question, however, was as to supposed that it was to be mainly a publicity campaign, and they .after­ whether or not there is any evidence to show that men were wards found out that large sums of mon"'y were being spent, and Mr. bire

The editorial referred to is as follows: Is it because he is close to the " powers that be? " Is it SE:-:AT OR N EWBERRY1 S OPPORTUN1TY, because he to-day controls the mails and four or five bundJ:ed The United Sta tes Senate, which by virtue of the Constitution is the thousan·d post offices throughout the country? Is it because judge of the election and qualifications of its Members, is expected be has the ear of the President of the United States, and sits within a few days to come to a vote on the question of whether Truman H. Newber ry, of Michigan, who defeated Henry Ford in the elect;ion of in the family circle determining administration policies? Is it 1918, is to r etain his seat. because he helped to elect the Republican House of Representa­ To some statesmen and newspapers this matter appears in the light tives, whose duty it is to consider censorship legislation and to of a considerable issue within the Republican Party. Others regard it a an issue chiefly of importance to the Senate itself. frame the tax and tariff laws? Is it because he played such a Both of these angles may be visible to Senator Newberry.; probably large part in the selection of Senators who control policies and they are. But there is a third and very important angle, and this is pass legislation for the administration in this body? the issue between enator Newberry and himself. Putting aside the honesty or falsity of the charges of corrupt prac­ I know not what influenced the motion-picture industry, after tices which were made against the Newberry campaign and assuming scanning the whole country, to choose as the most qualified man that Senator Newberry was personally guiltless of any conscious vio­ in it for its bead the present Postmaster General. lation of law or ethics, the fact remains that Ford's persistent charges for three yeru·s have raised the Newberry case to the dignity of a real Accept? Why, of course he is going to accept. He is now issue. receiving $12,000 a year. It is to be increased through this The case has reached a stage when, no matter what the weight of offer, as some say, $138,000 a year. I imagine that they are not evidence for or against, the vote in the Senate will be regarded as a political vote. offering it because they want the Postmaster General to play as Under those circumstances, even if Senator Newberry's right to his a motion-picture star and show himself on the screen with seat should be sustained by the Senate, he would inevitably be handi­ Doug. Fairbanks or Fatty Arbuckle or Mary Pickford. I have capped by tbP incessant war that bas been made on him for the last three years: '.fbe very fact that be is a member of the political party never heard of his talents along that line. They have chosen dominant in the Senate would be a matter of embarrassment. him because they think he can do their work. Some of the best friends of Senator Newberry, jealous for the preser­ It is not because of any exceptional ability along business vation of the good record be made in his country's service, believe that under the circumstances it would be the brave thing and the wise lines that the Postmaster General may have shown in the past. thing for him to resign his seat and submit his case to the people of It is not because they think he can exert more influence than the State of Michigan ,by standing for reelection. anyone else in tbe United States in elevating the motion-picture In that course lies the oilly way to that clear-cut vindication which a man of Truman Newberry's character must desire far more than he industry to a higher standard of morals. No, Mr. Pre ident, ue.~ires mere continuance in the Senate. those are not the reasons that have prompted the motion­ MOTION-PICTURE INDUSTRY IN POLITICS. picture industry to make this very tempting offer to Mr. Hays. Mr. HARRISON. Mr. President, one of the most powerful More significance attaches to the offer being made to the influences in .America is the motion-picture industry. I do not Postmaster General than it would be to any other Cabinet offi­ know how. many billions of dol1ars are now invested in it, but cial. It would be wrong, and should be condemned, if it were the sum IS very large. Hundreds of thousands of men and made to Mr. Hughes or to Mr. 'Veeks or to any other of the women are employed in it. It touches every part of the United Cabinet members; but more so for 1\Ir. Hays. He is the politician States and its influence is second only to the press. It has of the President's Cabinet. He came into prominence becauNe grown by leaps and bounds. Persons have entered into it, at of his qualifications as an organizer and an astute politician of rare force and energy. He is the late chairman of the Repub­ ~r t making only small salaries, who now receive, in some mstances, hundreds of thousands of dollars a year. It is a lican national committee; and it was under him that the Re­ publicans obtained control of the House and Senate three veru·s popular industry. Old men and old women attend" the movies" ago. · ~ in o1:der that they may be inspired ~nd amused. Young chil­ dren go, so that they may not only be amused but educated in l\lr. President, many questions come up in the Senate anu in current events. That industry, so far as I know, has never the House that affect the motion-picture inuustry. It was only entered politic . Censorship has been attempted to be imposed recently that the question of imposing a tax upon entrance into in Yarious States-censorship in one form or another-but the motion-picture shows was discus ed and acted upon in this body. industry has been reckoned to be clean, and has not attempted Tllat tax was removed. There is now before the Finance Com­ to control elections, and, so far as I know, has held itself aloof mittee of the Senate the question of imposing a tariff or retain­ from even the sugge. tion of playing politics. ing a tariff upon films imported into this country. The Federal I read the other day with a great deal of interest and some Trade Commission is · now threatening an investigation into disappointment an artide stating that one of the great leaders some of the motion-picture concerns. Is it because the motion­ of the dominant party in this Chamber has been offered a place picture industry might have a weather eye out on that tariff or that be i~ cons.idering a place--whether it was offered 01~ proposition or the Federal Trade Commission's investigation whether it was sought I do not know-by means of which he is and they think that he might be influential because of his clo. e­ to be at the head of the whole motion-picture industry of this ness to certain Senators here, or to Representatives in the other country, and is to receive a alary,_some papers said, of $100,000 body, or to certain members of the Federal Trade Commi ·.ion a year, others·$150,000 a year. or to the present President of the United States, that he i~ In yesterday morning's Post I read this. It is headed: selected? · HAYS IS TO ANSWER FILM OFFEit JANUARY 14. 'n is currentQ' rumol'eu that we are going to have another tax ''It' i ~ not tl'Ue,'' the Po. tmaster Generai said. ·• There is nothing bill. So many people, so many Members here, are di gusted furthet· to add to my statement made in ~ew York last Monday and with the receut one that was passed that now they say we will there is no change in the ituation. as then indicated." ' have a supplemental tax bill; and the question of the imposition Mr. Hays, _on that occasion admitted he had received a business and legal offer from the moving-picture1 people, but adde

1922. CONGRESSIONAL RECORD-SEN_;._1\..TE. 951 I ex-chairman of the Republican national committee, who is dick­ glad bas developed and succeeded so well and which when con­ ering with these motion-picture industries to enter into a con­ duc_ted on high moral ground and free from politics, rendered tract for $100,000 or $150,000, to represent not four actors or a lugh source of amusement, education, and service to the people, actresses in the industry but all the amalgamated interests of would continue aloof from politics. I am sorry to see them the motion-picture industry. He is to be the head of every· now begin to enter the Cabinet and procure one of the Cabinet motion-picture concern in the country that belongs to the m~mbers and ex-chairman of the Republican campaign com­ motion-picture organization. His will will be the law, just the mittee to mold and direct its policies. If this is the beginning same as Judge Landis's will is now the law in baseball. He of any such policy, then I serve notice that we watch their step will di1·ect the policies of the industry. and see to it that public opinion will rise up and disapprove 1\Ir. President, I believe that the motion-picture people are such method.s. taking a very false step. They are deceived. Their movement POPULATION Al'\D SELECTIVE DRAFT ST.d.TISTICS. is prompted by bad advice. If l\fr. Hays wants to 1·esign his place because of the small salary that is coming to him, in order l\lr. MOSES. l\lr. President, in the interval since adjom'n­ to take this -very remtmerative offer, that is all right. That is ment last night I have given myself the pleasure of reading the a matter for -1\ir. Hays to decide ; but when the motion-picture speech delivered by the junior Senator from Arkansas [Mr. industry attempts to procure as its l1ead the biggest politician CA..R.AWAY], in the course of which I notice that he expressed in the Republican Party we on this side must look upon it with the hope that I had listened to him. I wish to assure him that suspicion. I did, and to assure him further that I never lea-ve the theater I know the adroitness of this man. I know that he is smart when the star comedian holds the floor. and he is ·a good organizer; but as one of the minority party I also wish to compliment the Senator upon the high average who has very m:uch desired to see the motion-picture industry literary quality of his speech, largely made up of quotations kept out of politics and exert its infl-uence for high morals and from my oral utterances and from the writings of Henry Lin­ good government, I regret to see it employ a man who, they coln Johnson; but particularly I wish to call attention to the think, can control the Republican majority in the Senate and challenge which the Senator made to me regarding a state­ the House and the administration in the White House and ment which I had made here some days previously to the effect .thereby obtain favorable legislation. May I suggest to this that the last administration had increased the population in great industry that the party in power is of short duration, and Northern or Republican States and had. decreased the popula- . so far a$ the House is concerned you will have need to get rid tion in Southern or Democratic States for the purposes of the of l\lr. Hays after the coming election? conscription law. I am not unmindful of the fact that Hays when he came in I hope the time will never com.e in this body or elsewllere as Postmaster General removed and condemned censorship. when I shall be making unsupported statements. I have gone As an official, be may have thought that was a correct policy; to the official record, and I wish to say now that in January, but I am a little bit fearful, if be becomes the head of the 1917, the Census Bureau under the last administration compiled great motion-picture industry, that he will believe in employ­ for public information a careful estimate of the population of ing a censorship against the Democratic Party that will read the several States. In July, 1917, it issued an entirely differ­ against the industry and meet the condemnation of its patrons. ent estimate of population as the basis for the conscription Why, when you go into one of the motion-picture houses now, law. I have had these figures tabulated and ask that they and they throw the face of the present President of the United may be printed in the RECORD. I will not comment upon them. States on the screen, people hang their heads in disgust; but They tell their own story. when they throw on the screen the picture of that man whom It is sufficient to say that according to these official figures you criticize.d, condemned, and maligned, that one who is of the ·estimate of population put out by the Census Bureau in rapidly coming back in the high respect and esteem of the peo­ January, 1917, and the estimate put out by the same bureau ple, the applause in the theater is so deafening that the rafters for purposes of conscription in July, 1D17, 14 Southern States shake and the building trembles. It may be that l\Ir. Hays, benefited by a. decrease in population of 3,716,000, while 14 should he become director, might desire to change his policy of Northern and \Vestern States suffered through an increase of censorship and invoke.censure against such exhibitions. If they 5,970,000. think that Mr. Hays can be of great f.orce and infiuence dowa I commend the study of the table to the Senator from Arkan­ in some States or over in some States or up in some States that sas, who challenged my statement. are controlled by Democratic legislatures in preyenting censor­ The VICE PRESIDENT. Without objection, the table will ship or modifying censorship they are just mistaken. This be printed ·in the RECORD. man has not the influence that the motion-picture industry The table referred to is as follows : thinks he has. Why, you Senators are sore at him because he Estimate of population tor tJurposes of consc1'iption. to some degree has winked at civil-service requirements in the selection of postmasters. There is a big howl in the Re­ Population, Population, census esti- for con­ publican cloakroom at the other end of the Capitol ove1· tlle State. mate, Jan- scription, Increase. Decrease. way he is selecting postmasters. uary, 1917. July, 1917 . . 1\lr. ROBINSON. 1\Ir. President, will the Senator from Mis­ sissippi yield to me? 2 ~~=~~~~::::::~:::::::::::::::: 2,~g·~ 1,946,536 ...... 401,137 1\Ir. HARRISON. Yes; gladly. 1 409, ID'3 1491 537 . , . • .•..•• 1\lr. ROBINSON. Does the Senator from Mississippi desire Arkansas ...... :...... 1, 753,033 1, 594, 835 ...... • . . . . 2 158, 198 to leave the impression that under the present administration Caliiornia...... • .. . . • . • . . . • ...... 2, 983, 843· 3, 189, 998 1 206, 155 ...... _. Colorado...... 975, 190 895 335 79 85t postmasters are being selected according to civil-service rules Connecticut ...... --···· 1,254,926 l,n9;6ZJ .. i4.64;697. ·····-~·-· and regulations? Delaware...... 214, ZTO 234,710 120,440 •••.••..•• 1\lr. HARRISON. Indeed, I do not. They are working the District ofColumbia...... 366 631 346 856 19 775 thing around so that 'if it is possible they can get a Republican Florida ...... •..... ·-··· ~839 925;6u ····w;soo· ···---~·-· in; but they are trying to tell tl1e civil-service people in a m~!a:.:':_:.::: ::::::: _:: ::: :_ .:.:: :_: ::: 2,~g; :t 2, ~; ~ .• - •. ~: 800' ..2. ~·- ~~~ hypocritical way-the same tactics that they have always em­ 6,193,626 '1~,952 11,034,326 •·•······· Indiana ...... •••. -·-·...... 2, 826,154 2 738 893 fl:l 261 ployed-that they have some kind of civil service, but the h"i.nd Iowa...... 2,224, 7TI 2,327;079 ··ii02;308" ···---~·-· 1\Ir. Hays has imposed is not satisfactory to any Senator nor to Kansas...... 1,840,707 1,626,223 ...... 214,481 Republican Congressmen generally. 2,386,866 2.024,353 --········· '362,513 ~~~~----::-::::::::~:::::::::::: 1,843, ~ ~,646688, 865882 .. -· ••.. --- ~154, 180 Mr. ROBINSON. Will the Senator from Mississippi yield Maine.-...... -. 774,91 , .•••.••••.• 128,325 further for a question? ~:r~hundSitt_s_: :::.··.. ·.·· .. ·.·.·· •• ·.··-· .. ·.·~= 1,368,240 1,292, 091 . •. •• • . . . . . 76,149 1\Ir. HARRISON. . Yes. - 3, 747, 56t 3, 939, 561 1191, 997 . ~ ...... 1\lr. ROBINSON. Does not the Senator from Mississippi Michigan.······-·············· .. •· 3,074,560 4,015,053 1940,493 ...... know that under the Executive order issued by President Hard­ ~i5.~i~·~::::::::::::::~::~::::: i::::r~ i:~r:~ ---~~:~~- 2.462;111 ing the President is at liberty to select any one of the highest 3 3 .. Montana ...... -..... '~;~1! '~;~~~ ""i486;264· --~~~~·-~ three on the eligible list, and that in many instances persons Nebraska...... l,Z77,750 1,270,301 7 449 who have not, under the examination, succeeded in getting on Nevada...... 108,736 131,232 ····22;495· ...... : .. . the eligible list have been arbitrarily declared or made eligible NewHampshire...... 443,467 403,884 ····-"·····- 39,583 NNeewwMJe_:!~Yco·.·-·.·.·.·.. ·.•.·.·.·.·.·.·.· ...• ··.·.::.··_ :?,981,105 3,255,407 1274,30'J •...... either by a change of the rating or by some other process and 0"'---' - 416,966 352,392 ...... -.... 2 64,574 appointed? ' NNoewrthYCorarko.Iin:·a·-_·_· __ ·_··.·-· •• ·.·.·.·_·.·.·_·_·_·_·_- 10,356,778 11,187,798 1 21,020 .•. _•... _. 2,41 ,559 2,146,266 . -...... 2 Z72, 2:}'3 1\Ir. HARRISON. Yes; I think, ill fact I know, that there is North Dakota.··-········-······· 752,260 706,992 45.263 instance after instance of that being shown. l\Ir. President, I hano- nothing more to say about this matter Qf \~iarorthern and Western States, increase 5,970,6!)3, or 00 pe t· cent now. I had hoped that this great industry, which we are all 1 2 14 Southern States, total decrease 3,716,601, or 71 per cent of total. 952 CONGRESSIONAL RECOR.D--SEN1\TE. ·JANUARY 9,

Estimate ot populatio" {or purposes ot couscription-Continued. HOSPITAL TREATMEN"l' OF_l<;x-SERVICE MEN IN THE SOUTHWEST. l\lr. ASHURST. l\Ir. President, I hav~ within the past year Population, Population, addressed the Senate a number of times, pointing out the census esti- for con- Decrease. State.. mate, Jan- scription, Increase. necessity for additional hospitalization of ex-service men who uary, 1917. July, 1917. ~.tre now and for a year past have been pouring into the South­ west trying to find relief from tuberculosis in the hope that

Ohio...... 5, 181, 220 6, 074, 771 J 893,551 .•• •••••·• in the Southwest the progress of their disease may be arrested. Oklahoma...... 2,245, 968 I, 822, 470 • •••.. •• • . • %423,49S I haYe delivered and certainly I have received some bard blows Oregon...... 848, 866 675, 092 •...•••..• - 173, 77! in my contest to secure proper hospitalization for these ex­ Pennsylvania...... 8,591, 0'29 8, 981, 082 1 390,053 ···-······ Rhode Island...... 620, 090 573, 583 service men. Inasmuch as my eharges against the Public South Carolina...... 1,634, 340 1..,384, 203 ··········· ~ ~~ rs~ Health Service and the Veterans' Bureau were made here on South Dakota...... 707, UD 626,359 ::::::::::: 81; 381 the Senate floor, it would be contemptible in me to suppress '!'eLl nessee...... 2, 296, 316 2, 024, 893 • • • • • • • • • • • 2 271,423 Texas ...... ~...... 4, 472, 494 4, 397, 097 .... -- . . . . . ! 75, 397 or conceal the reply or decision of the Veterans' Bureau on this Utah...... 438, 974 451,932 12,958 ...... •.. subject. Although I am not in accord with all tlle views ex­ ...... 67,896 2 pressed in this letter or reply, nevertheless, out ·of a spirit of • •• • • •••••• 251,001 . •.• ...... 398,955 fairness, which should characterize our contest, I ask unani­ 42,413 mous consent that the letter from 1\Ir. C. R. Forbes Director . ..i 63; i73 ... -...... ~~~~~-~~~~m+~+E i:~m ~im of the United States Veterans' Bureau, be print~d in the Wyoming ...... · . .. 182, 26! 245, 225 " 1?2·~~ RECORD. Jil~~t-_-_ ·.::::::::::::::::::::::::: 2~ : ~g ~: ~ 1,920 l\Ir. WALSH of Massachusetts. Mr. P1·esident, the subject Porto Rico...... 1, 221, 981 I, 231, SSG 7, 89'J 1------1------1------, 1------matter of the letter is evidently important; but if the letter is Total...... 104, 337, 620 1 105, 366, 056 6, 254, 10;) 5, 225, 673 a long one, I aslc the Senator from Arizona to consent that it be printed in the RECORD. . 1 14 Northern and Western States, increase 5,970,693, or 96 per cent of total. l\Ir. ASHURST. Very well. I ask that it be printed in the l 14 Southern States, total decrease 3,716,601, or 71 per cent or total. . . ordinary 8-point RECORD type without reading at the desk. • ADJOtmNM"ENT. The VICE PRESIDENT. Is there objection? The Chair hears none, and it is so ordered. Mr. SPENCER. I mo>e that tlle Senate adjourn. The letter referred to is as follows: The motion was agreed to; and (at 5 o'clock and 3 minutes p. m.) the Senate adjourned until 1\londay, January 9, 1922, TREASUEY DEPARTMENT, at 12 o'clock meridian. Waslt:ington, January 6, 1922. Hon. HENRY F. ASHURST, _united Staws ..Senate, ·TVashiugton, D. c. DEXR SE:-qATOR AsHtmsT: The policy of the . Veterans' Bureau as to the treatment of its beneficiaries in tlJe State of Arizona suffering from tuberculosis is depicted in :MoNDAY, January 9, 19'22. tlle following paragraphs: A. brief presentation of some of the statistics and facts on The Chapluin, ReY. J. j_ Muir, D. D., offered tl1e following which the policy is predicated is obviously essential to prope1• pra)•er: understanding of the problem ; these will now be reviewed. Our Father, Tl1ou hast continued to us Thy mercies. \Ve a1·e December 15, 1921, 11,947 beneficiaries of this bureau were here the recipients of Thy goodness. As the day opens before being hospitalized 'on account of tuberculosis; of this number us witll its responsibi1ities, "e ask the guidance of Thy Spirit 987 were in hospitals in Arizona, in round numbers 8 per cent and Thy help in all the decisions that may tie rendereLl. So of the total. Approximately 11,500 men were accept-ed for direct the affairs of our country that the highest welfare of the ser\ice in the World War from tbe State of Arizona, or about people may be conserveu and the glory of Thy name advanced three-tenths of 1 per cent of the total accepted. among us. We ask in Jesus Christ's name. Amen. The medical profession has recognized for a number of years that muny cases of tuberculosis, particularly incipient ones, TRUMAN H. NEWBERRY, a Senator from the State of Michigan, convalesce promptly in the dry and elevated regions of Arizona. appeared in his seat to-day. This view became so prevalent, even among the laity that tbou­ The reading clerk proceeded to read the journal of the pro­ sands of invalids have yearly hastened to the ' Sontbwest ceedings of Saturday last, when, on request of Mr. CURTIS and­ oblivious or ignorant of the fact that many other factor. as by unanimous consent, the further reading was dispensed .with proper medical supervision, adequate facilities, especially' as and the journal was approved. to rest, food, nursing_ attention, etc., were equally if not more REPORT OF THE COMPTROLLER OF THE CUERE CY. important than climate in promoting a cure. The VICE PRESIDENT laid before the Senate a co~munica­ It is now an accepted view of the National 'l'uberculosis tion from the Comptroller of the Currency, transmitting, pur­ Association and most tuberculosis specialists thut under proper suant to law, his annual report for the year ended October 31, medical_ supervision and adequate facilities as to food, nursing, 1921, which was referred to the Committee on Banking and sanatormm care, etc., equally good res(Ilts can be obtainetl in many States of the Union as in the Southwest with the majority Currency. of tuberculous invalids. MESSAGE FROAf THE HOUSE--ENROLLED BILLS SIGNED. Out of deference Lo the opinions of the above-mentioned hi o-h A message from the House of Representatives, by Mr. Overhue, authorities and in order to obtain the manifest advantages ~f it enrolling clerk, announced that the Speaker of the House hospitalizing as many patients us close to t11eir homes ns pos­ bad signed the following enrolled bills, and they were thereupon sible, the bureau is now operating or has under construction signed by the Vice President: · 10 hospitals east of the Mississippi River. H. R. 2914.· An act to add certain lands to Minidoka National A large tuberculosis hospital is now being operated at Whip­ Forest; ple Barracks, Arizona, by the United States Public Health Serv­ H. R. 5700. An act authorizing the Secretary of the Treasury ice for this bureau. December 15 there were 631 patients and to sell the old Subtreasury property at San Francisco, Calif.; 1~1 _vacant beds in this institution. Upon the completion of the H. R. 6380. An act to- amend an act entitled "An act to incor­ extension now under way, it will accommodate close to 1,100. porate the Masonic Mutual Relief Association of the District of About 250 patients are also in a-rnore or less temporary hospital Columbia," appro>ed March 3, 1869, as amended; at Tucson and over 100 patients are in contract hospitals in H. R. 7204 ...An act to provide a Government-owned water­ the State. These figures are of December 15, 1921. service system for the Fort Monroe Military Reservation ; At the present time 9Yer 2,300 vacant beds exist in GoYem­ H. R. 8344. An act to authorize the Secretary of the Interior ment tuberculosis hospitals throughout ·;;he United States. At to grant extensions of time under oil and gas permits, and for the same time, there are still more than 3,000 in contract other purposes ; hospitals. H. R. 8401. An act to transfer the custody and control of the· In the spring we estimate that over 3,000 additional betls will United States customhouse wharf at Charleston, S. C., from the be available in tuberculosis hospitals, of which 422 wil" be at Treasury Department to the War Department; and Whipple Ban:acks, 250 in New Mexico. Six hundred additional H. R. 9021. An act to permit the city of Chicago to acquire beds have just been made available at tlle Fitzsimons Gen­ real estate of the United States of America. ~ral Hospital, Denver, Colo. We believe this program will