1906. CONGRESSIONAL RECORD-SENATE. 7821
Columbus, Ohio; Chicago, Ill.; Poughkeepsie, N. Y.; Green S. R. 54. Joint resolution authorizing a change in the weigh field, Ohio; Troy, N. Y.-to the Committee on Rules. ing of the mails in the fourth section. By 1\!r. LAl\1B : Paper to accompany bill for relief of Robert The message further annotmced that the House had passed Michaels-to the Committee on War Claims. the following bills and joint resolutions, in which it requested By Jtlr. LEE: Paper to accompany bil1 for relief of John E. the concurrence of the Senate : Herrod-to the Committee on War Claims. H. R. 8428. An act to regulate the construction of dams across By 1\lr. MOON of Tennessee : Paper to accompany bill for navigable waters; relief of Newton I bell-to tile Committee on Invalid Pensions. H. R. 10715. An act to establish an additional collection dis By Mr. PADGETT: Paper to accompany bill for relief of trict in the State of Texas, and for other purposes ; estate of Sarah Pewitt, late of Williamson County, 'l'enn.-to H. R. 17335. An act creating a United States district court the Committee on War Claims. for China and prescribing the jurisdiction thereof ; Also, paper to accompany bill for relief of D. l\1. Taylor, ad H. R. 17983. An ad providing for the erection of a monument ministrator of the estate of Sallie Roane, late of Maury County, on Kings Mountain battle ground commemorative of the great Tenn.-to the Committee on War Claims. victory gained there during the war of the American Revolution Also, paper to accompany bill for relief of heirs of L. B. on October 7, 1780, by the American forces; Frost, late of Williamson County, Tenn.-to the Committee on H. R. 18024. An act for the control and regulation of the War Claims. waters of Niagara River, for the preservation of Niagara Falls, · By Mr. VREELAND: Petition of 42,000 women of Federation and for other purposes ; of \Vomen's Clubs at St. Paul, Minn., for the pure-food bill-to H. R. 19681. An act to survey and allot the lands embraced the Committee on Interstate and Foreign Commerce. within the limits of the Blackfeet Indian Reservation, in the Also, petition of citizens of Wellsville, Jame town, and Celo State of Montana, and to open the surplus lands to settlement; ron, N. Y., against religious legislation in the Distri~t of Colum H. J. Res. 162. Joint resolution authorizing the construction and bia-to the Committee on the District of Columbia. . maintenance of wharves, piers, and other structures in Lake Michigan, adjoining certain lands in Lake County, Ind.; and H. J. Res. 166. Joint resolution providing for payment for dredg- SENATE. ing the channel and anchorage basin between Ship Island Har bor and Gulfport, Miss., and for other purposes. TUESDAY, June 5, 1906. Prayer by Rev. ULYSSES G. B. PIERcE, of the city of Wash ENROLLED BILLS SIGNED. ington. The message also announced that· the Speaker of the House The Journal of yesterday's proceedings was read and ap had signed the following enrolled bills, and they were there proved. upon signed by the Vice-President: SENATOR FROM KANSAS. S. 1243. An act providing for compulsory education in the The VICE-PRESIDENT laid before the Senate the following District of Columbia; telegram ; which was read, and ordered to lie on the table: S. 5561. An act to amend an act entitled "An act to amend [Telegram.] an act entitled 'An act to incorporate the Masonic Mutual Re TOPEKA, KANS., June ,f, 1906. · lief Association of the District of Columbia,' " approved Feb Bon. CHARLES W. FAmBANKS, ruary 5-, 1901; Vice-President of the United States, Washington, D. 0.: H. R. 5539. An act for the relief of the State of Rhod.e Island; Ron. J. R. BURTON has· this day tendered his resignation as United H. R. 12064. An act to amend ·section 7 of an act entitied "An States Senator from Kansas, and I hav~ accepted the same. E. W. HocH, Governor of Kansa8. act to provide for a permanent census office," approved March FRENCH SPOLIATION CLAIMS. 6, 1902; H. R. 12135. An act granting an increase of pension to William The VICE-PRESIDEJ."fr laid before the Senate a communica Laudahn; tion from the assistant clerk of the Court of Claims, transmit H. R. 13022. An act granting an · increase of pension to Sarall ting the conclusiom of fact and of law filed under the act of L. Ghrist; January 20, 1885, in the French spoliation claims set out in H. R. 13787. An act granting an increase of pension to Mal the annexed findings by the court relating to the vessel brig colm Ray; 'Jason, Edward Smith, master; which, with the accompanying H. R.14513. An act to prevent the giving of false alarms of paper, was referred to the Committet:' on Claims, and ordered to fires in the District of Columbia ; be printed. H. R. 15266.' Afl act to amend existing laws relating to the MESSAGE FROM THE HOUSE. fortification of pure sweet wines ; A message from the House of Representatives, by Mr. W. J. H. R. 15869. An act granting an increase of pension to William 13nowNING, its Chief Clerk, transmitted to the Senate the resolu H. McCune ; tions of the Hou eon the death of Hon. ARTHUR PUE GoRMAN, H. R. 16484. An act to amend section 1 pf an act entitled "An late a Senator from the State of 1\Iru.·yland. act relating to the Metropolitan police of the Dish·ict of Colum The message also announced that the Speaker of the House bia," approved February 28, 1901; bad appointed Mr. J. FRED C. TALBOTT, Mr. JOHN GILL, Jr.; l\lr. H. R. 17072. An act granting an increase of pension to Joseph ,THOMAS A. SMITH, of Maryland; l\lr. SYDNEY E. MUDD, Mr. French; FRANK C. WACHTER, Mr. GEORGE A. PEAR.RE, Mr. .JOHN S. WIL H. R. 17127. An act to provide for the subdivision and sale LIAMS, Mr. LEONIDAS F. LIVINGS'.I'ON, Mr. 'l'HOMAS B. DAVIS, of of certain lands in the State of Washington; 1West Virginia; Mr. SAMUEL M. ROBERTSON, Mr. JOHN A. MooN, H. R.174v3. An act for the withdrawal from bond, tax free, of Tennessee; Mr. JoHN H. STEPHENS, of Texas; Mr. C. L. of domestic alcohol when rendered unfit for beverage or liquid BARTLETT; l\1r. J. W. BABCOCK, Mr. THEODORE E. BuRTON, of medicinal uses by mixture with suitable denaturing materials; Ohio; l\1r. JAMES M. GRIGGS, and l\1r. JoHN F. RIXEY, members and of the committee on the ·part of the House to attend ~be fUneral. H. R. 18333. An act granting land to the city of Albuquerque The message further announced that the House bad passed for public purposes. .the followtng bills and joint resolution: S. 86. An act for the erection of a monument to the memory of REGULATION OF RAILROAD BATES. ~ ohn Barry ; · The VICE-PRESIDEl'lo"T. The Chair presents the memorial S. 685. An act for the erection of a monument to the memory of H. R. Fuller, legislative representative of the Brotherhood of of J obn Paul Jones ; and Locomotive Engineers, Brotherhood of Locomotive Firemen, Or S. R. 20. Joint resolution providing for the selection of a site der of Railway Conductors, and ·Brotherhood of Railroad Train for the erection of a bronze statue in Washington, D. C., in men, remonstrating against the adoption of that part of the re honor of the late Henry Wadsworth Longfellow. port of the committee of conference on the railroad rate bill The message also announced that the House had passed the which prevents the issuance by common carriers of passes to following bills and joint resolution with amendments ; in which railroad employees and their families. it requested the concurrence of the Senate: l\1r. CARTER. i ask unanimous consent that the memorial S. 333. An act in regard to a monumental column to the mem be read. ory of the battle of Princeton and appropriating $30,000 therefor; The VICE-PRESIDENT. Without objection, the Secretary S. 4370. An act to appropriate the sum of $40,000 as a part will read the memorial. . · contribution toward the erection of a monument at P~ovince Mr. LA FOLLETTE. Mr. President, I will add to the request town. Mass., in commemoration of the landing of the Pilgrims of the Senator from Montana the request that the memorial be aud ·the signing of the Maytf,ower compact; and printed as a document. .
7822 CONGRESSIONAL RECORD-SENATE. JUNE~\
The Secretary read the memorial, as follows : The VICE-PRESIDENT. Does t11e Senator from Maine yield H. R. FULLER, to the Senator from Soutll Carolina? f206 Deletwm·e avenue NE., Washington, D. 0 ., June ~. 1908. l\fr. HALE. Certainly. llon. CHARLES W. FAIRBANKS, . Mr. TILLMAN. I see no reason, unless there should be some President of the Senate, Washington, D. 0. di cussion and opposition to the conference report on the rate Srn : I am authorized on behalf of the Bt·otherhood of Locomotive Engineers, Brotherhood of Locomotive Firemen, Order of Railway Con bill, why it might not be disposed of in the morning bour. Has ductors, and Brotherhood of Railroad Trainmen, representing in all the Senatot from Maine any assurance that if tlle conference 230,000 railroad employees of the United States, to respectfully protest reports are allowed to go over the naval appropriation bill will against the adoption of that part of the report of the committee of conference on the railroad rate bill (H. R. 12987) which prevents the not lead to some discussion? issuance by common carriers of passes to railroad employees and their Mr. HALE. I do not think the naval appropriation bill, while families. a very important bill, and a large bill, ·wm lead to much di ~ In view of the absolute necessity to at times deadhead men over ... various parts of the road, the passage of such a law would greatly cussion. The committee, in its action, bas robbed it of almost, impede the operation of a railroad, to say nothing of. the extra expense, if not all, of the contested items,, and I do not expect that It will inconvenience, and hardship it would impose upon the employees. take very much time. There are many cases where the runs of train and engine men ter minate at other than their home stutions. This is especially true as l\lr. TILLMAN. I think there are one or two items in tbe regards local, way-freight, and work-train runs, and it is now the prnc naval appropriation bill that will excite some discussion and tice of many roads to issue free transportation to these men in order opposition. · that they may spend their nights and Sundays at home. The passage of the provision in question would require these men to spend their Mr. HALE. There will undoubtedly be some discussion upon nights and Sundays away ft·om home, for the reason that they could it. On the other hand, both the conference report on the rate not afford to pay transportation back and forth. bill and the conference report on the statehood bill will give rise It is also a fact that a very large number of the shop and office to very considemble discussion. There is no doubt about that. forces of many railroads whose headquarters are in the Iaro-e cities of necessity live in suburban towns along the road, and they are given free 1\fr. BURKETT. I should like to suggest to the Senator from tran portation back and forth to their work. Maine, who is on the Appropriations Committee and will realize It is also true that a large number of crippled employees are receiv the necessity of it, tbat the Committee on the District of Co ing passes under agreements with the roads as a condition of their settlement, and for Congress to now declare these contracts void would lumbia has reported the bill pertaining to the school question not only lle a lack of bornane consideration for these men, many of here in the District. It has passed the House. I understand whom have been distressingly injured in what is regarded as a public the Committee on Appropriations are anxious to have the bill service, but it would also be legally wrong. · .As to the families of employees : The contractual relations now ex disposed of so that tbe District of Columbia appropriation bill isting between many roads and their men provide in certain cases for can be properly considered. The Committee on the District of transportation for employees, their families, and household goQd.s. Columbia is ready to take up the bill this morning. I do not This is regarded as a consideration or a part of the compensation for the- services performed. think it will take a very long time, and inasmuch as the bill The P.assage of this provision would in some cases prevent the wife will have to go back to be considered by the House and will or fam1ly of an injured employee from reaching his bedside because of probably have to go into conference, it seems to me that we their lack of means of transportation. 'l'hat Congress will pass such a law after knowing its effect we can ought to take up that bill this morning and get it in shape for not believe. the Committee on Appropriations to act on the matter. Respectfully submitted. Mr. HALE. Half a dozen Senators have important mea ures II. R. FULLER, Legislative Representative. wbich they have in charge, and which they tbink ought to pass. The VICE-PRESIDENT. The memorial will lie on the table. I bave no doubt that they ought to be passed; but I do not think I s there objection to printing it as a document? anytbing is so pressing as to take up the naval appropriation l\fr. HALE. I rise to a question of the order of business. bill and get that out of the way. If the Senator can get his The VICE-PRESIDENT. Does the Senator from Maine ob- measure in before the District of Columbia appropriation bill ject to printing the memorial as a document? comes up, that is another matter. statement while , The whole matter, Mr. President, is with the Senate. If the 1\Ir. HALE. Not at all. I want to make a Senate does not desire to take up :first the naval appropriation tbe Senate is full. Without objection, it is so ordered. bill-which is ready and which would have been taken up The VICE-PRESIDENT. yesterday, but Senators know why it was thnt no bu ine. s could BUSI ESS OF THE SESSION. be done, and the days are passing-the matter is entirely in the l\fr. HALE. At the end of the routine morning business I I bands of the Senate. I shall, if the Chair recognizes me, move shall ask the Senate to proceed to the consideration of the naval at the termination of the routine morning business, to take up appropriation bHl, and in order that Senators may see how the tbe naval appropriation bill. That is the only thing that I can business of the Senate stands I take this occa~on to give a list I do. The whole thing rests with the Senate. I thought it ad of the appropriation bills which have not yet been touched by ·dsable to state just what the condition of public busines i . I the Senate: leave it with the Senate. · The naval appropriation bill, the District of Columbia appro- . l\fr. FORAKER. Can the Senator give us any idea bow much priation bill, the diplomatic and consular appropriation bill, the I time tile naval appropriation bill will consu:me? great sundry civil appropriation bill (carrying nearly $100,000,- Mr. PETTUS. l\Ir. President, I suggest that we ought to have 000), the general deficiency appro~:iation bill, and the public- some morning business transacted. building bill-six appropriation bills that have as yet been tm- fr. HALE. I do not object to the transaction of morning touched by tbe Senate as a body. I wish Senators to appre- business. ciate the importance of action on appropriation bills, if we are The VICE-PRESIDENT. The Senator from Alabama calls to adjourn, as I think everyone here desires that we shall dur- for the regular order. Petitions and memorials are in order. ing this month. There are after to-day only twenty-two work ing days in the month. PETITIONS AND MEMORIALS. It being so important that these bills should be passed here The VICE-PRESIDE~T presented memorials of sundry rail and sent to the House for consideration, I hope the Senate will road men of Indiana ; of A. L. Dunbar Lodge, No. 142, Brother this morning, at the end of the routine morning business, take hood of Railroad Trainmen, of Meadville, Pa., and of New Y o rl~ up the naval appropriation bill rather than either of the con City Division No. 54, Order of Railway Conductors, remonstra ference reports. I do not belittle the importance of the confer ting against the passage of the antipass amendment to tlle rail ence reports and the interest· that the public bas in them, but a road rate bill to prohibit the issuance of passes to railroad em conference report is already in its last stages; it can come up ployees and their families; which were ordered to lie on the at any time and can not take much time between the two Houses. table. Tbe appropriation bills, as I have indicated, are entirely clif Mr. LODGE presented petitions of the publishers of the ferent. Leader, of Spencer; the Hibernian, of Boston ; the Architec We are all interested, if we are to get through in the twenty tural Review, of Boston, and the Brookline Press, of Brookline, two working days, that the appropriation bills shall as fast as all in the State of Massachusetts, praying for the adoption of they are ready be acted upon here and sent over to the House an amendment to the postal laws relating to newspaper sub for its action, so that the general business may be expedited scriptions; which were referred to the Committee on Post and we may be enabled to adjourn :finally in the very last days Offices and Post-Roads. of this month. I do not hope that we can do it before. He also presented memorials of sundry railroad employees of Mr. TILLMAN. Ur. President-- Holyoke, Boston, South Braintree, and Greenfield, in the State Mr. HALE. I should hope that instead of taking up any con of Massachusetts, and Indianapolis, Ind., remonstrating agu.inst fe1.·ence report at the end of the routine morning business, the the adoption of a certain amendment to the so-called " railroad Senate will, from these considerations which I have pre~ente Mr. FORAKER presented memmials of sundry citizens of ployees of Concord, Lakeport, Woodsville, and Nashua, all in Nelsonville, Lorain, Kent, Cleyeland, Akron, Cincinnati, Crest the State of New Hampshire, remonstrating against the adop line, Ea.st Toledo, Chillicothe, Lima., Toledo, Newark, Galion, tion of a certain amendment to the so-called " r ailroad rate bill " Massillon, Columbus, Steubenville, Portsmouth, Springfield, Alli to prohibit the issuance of passes to railroad employees and ance, Chicago Junction, Zanesville, Lima, and Bellefontaine, all their families; which were ordered to lie on the table. in the State of Ohio, remonstrating against the adoption of an Mr. NELSON presented sundry memorials of railroad em amendment to the so-called " railroad rate bill ., prohibiting ployees of the State of Minnesota, remonstrating again t the the issuance of pasEes to railroad employees and their families ; adoption of a certain amendment to the s -called " railroad rate which were ordered to lie on the table. bill " to prohibit the issuance of passes to railroad employees Mr. FORAKER. I present for the Senator from Michigan and their families; which were ordered to lie on the table. [Mr. ALGER], n-ho is unavoidably detained from the Senate, He also presented a memorial of the Retail Grocers and memorials of sundry railroad employees of Jackson, Gladstone, General Merchants' Association of Minne ota, remonsh·ating Escanaba, Owosso, and Detroit, all in the State of Michigan, against the enactment of legislation providing for the consoli remonstrating against the adoption of a certain amendment to dation of third and fourth class mail matter; which was referred the so-called "railroad rate bill., to prohibit the issuance of to the Committee on Post-Offices and Post-Roads. passes to railroad employees and their families. I move that Mr. McCUMBER presented a .memorial of Fargo Division, the memorials lie on the table. No. 202, Brotherhood of Locomotive Engineers, of Mapleton, The motion was agreed to. . N. Dak., remonstrating against the adoption of a certain amend Mr. DICK presented memorial~ of sundry citizens of Lorain, ment to the so-called " railroad rate bill "_to prohibit the issu Columbus, Lima, Zanesville, Alliance, Youngstown, Bellevue, ance of passes to railroad employees and their families; which Toledo, Cleveland, Kent, Conneaut, Chicago Junction, Spring was ordered to lie on the table. field, Galion, Nelsonville, Akron, Cincinnati, Newark Depot, Mr. DOLLIVER presented memorials of sundry citizens of Chillicothe, Crestline, Massillon, Middleport, and Steubenville, Burlington, Mason City, Cre ton, Clinton, Lockridge, Esther all in the State of Ohio; of Indianapolis, Ind. ; Buffalo; N. Y. ; ville, Ottumwa, Cherokee, Eagle Gro\e, Council Bluffs, Cedar Canandaigua, N. Y., and New York City, N. Y., remonstrating Rapids, Des Moines, Sioux City, Boone, Perry, Oskaloosa, Valley against the ador>tion of an amendment to the so-called " rail Junction, Keokuk, Manilla, and Lake City, all in the State of road rate bill" prohibiting the issuance of passes to railroad Iowa, remonstrating against the adoption of a certain amend employees and their families; which were ordered to lie on the ment to the so-called "railroad rate bill" to prohibit the issu table. ance of passes to railroad employees and their families ; which Mr. KEAN presented memorials of sundry railroad employees were ordered to lie on the table. of Atlantic, Hoboken, Jersey City, Trenton, and Hammonton, in Mr. DILLINGHAM presented memorials of SlYldry citlzem; the State of New Jersey, remonstrating against the adoption of Rutland and NeWIJort, in the State of Vermont, remonstrat of a certain amendment to the so-called " railroad rate bill " to ing against the adoption of a certain amendment to the so prohibit the issuance of passes to railroad employees and their called " railroad rate bill " to prohibit the issuance ·of passes families ; which were ordered to lie on the table. to railroad employees and their families; which were ordered He also (for Mr. DRYDEN) presented memorials of sundry to lie on the table. railroad employees of Atlantic City, Newark, Jersey City, Har Mr. SMOOT presented memorials of sundry railroad employ rison, Hammonton, and Weehawken, all in the State of New· ees of Ogden, Utah, and of Indianapolis, Ind., remonstrating Jersey, remonstrating against the adoption of a certain amend against the adoption of a certain amendment to the so-called ment to the so-called "railroad rate bill., to prohibit the issu " railroad rate bill " to prohibit the issuance of passes to rail ance of passes to railroad employees and their fainilies; which road employees and their families; which were ordered to were ordered to lie on the table. . lie on the table. He also (for 1\fr. PLArr) presented memorials of sundry rail Mr. SPOONER presented memorials of sundry railroad em road employees of Canandaigua, Buffalo, Syracuse, ElmiTa, Cor ployees of La Crosse, Tomah, Milwaukee, Antigo, Channing, ning, Oswego, Rochester, and Ravenna, all in the State of New West Salem, Kaukauna, Madison, Greenbay, Peshtigo; all in York, remonstrating against the adoption of a certain am€!nd• the State of Wisconsin, remonstrating against the adoption of ment to the so-called "railroad rate bill" to prohibit the is a certain amendment to the so-called " railroad rate bill " to suance of passes to railroad el!lployees and their families; which pro~ibit the issuance of passes to railroad employees and their were ordered to lie on the table. families ; which were ordered to lie on the table. Mr. BURROWS presented memorials of sundry railroad em 1\Ir. PATTERSON presented memorials of sundry railroad ployees of Escanaba, Calumet, Detroit, Soo, Marquette, Jack employees of Denver, Grand Junction, and Salida, all in the son, Gladstone, and Battle Creek, all in the State of Michigan; of State of Colorado, remonsh·aiing against the adoption of a cer Indianapolis, Ind., and Pittsburg, Pa., remonstrating against the tain amendment to the so-called "Tailroad rate bill " to prohibit adoption of a certain amendment to the so-called "railroad rate the issuance of passes to railroad employees and their fami bill " to prohibit the issuance of passes to railroad employees and lies ; which were ordered to lie on the table. their families; which were ordered to lie on the table. Mr. 1\IORG.A.N presented sundry memorials of 800 railroad 1\fr. ELKINS presented petitions of 2,G24 women of the State employees of the State of Alabama, remonstrating against tlle of West Virginia, praying for an investigation of the charges adoption of a certain amendment to the so-called "railroad made and :filed against Hon. REED SMOOT, a Senator from the rate bill" to prohibit the issuance of passes to railroad employ State of Utah; which were ordered to lie on the table. ees and their families; which were.ordered to lie on the table. Mr. SCOTT presented memorials of sundry railroad employees 1\fr. MARTIN presented sundry memorials of railroad em of Weston, Fairmont, Hinton, Parkersburg, Bluefield, Vivian, ployees of the State of Virginia, remonstrating against the adop Williamson, Wheeling, and Grafton, all in the State of West tion of an amendment to the so-called " railroad rate bill " pro Virginia, remonstrating against the adoption of a certain amend hibiting the issuance of passes to railroad employees and their ment to the so-called "railroad rate bill "to prohibit the issuance families; which were ordered to lie on the table. of passes to railroad employees and their families.; which were 1\Ir. McCREARY. I present 178 telegraphic memorials of ordered .to lie on the table. railroad employees of the State . of Kentucky, remonstrating Mr. CLARK of Wyoming presented memorials of sundry rail against the time-honored privilege being taken away from per road employees of New Castle, Pa., Sidney, Nebr., and Evanston, sons riding free on railroads on which they are employed, and Laramie, and Sheridan, all in the State of Wyoming, remon also protesting vigorously against the proposed regulntion / strating against the adoption of a certain amendment to the so which prohibits t}le i~suance of passes to railroad employees called "railroad rate bill" to prohibit the issuance of passes to and their fe.milies. I move that the memorials lie OIL the table. railroad employees and their families ; which were ordered to The motion was agreed to. lie on the table. Mr. DANIEL. Mr. President, 1 simply wish to state that a Mr. Al~KENY presented memorials of sundry citizens of Spo snow of telegrams has lJeen coming to me, and I see, from indi kane, Seattle, and Ellensburg, all in the State of Washington, cations at the desk, to other Senators, protesting against the remonstrating against the adoption of a certain amendment to drastic provision of the conference report prohibiting passes on the so-called " railroad rate bill " to prohibit the issuance of railroads for their own employee~. I hope that the .matter may passes to railroad employees and their families; which were or be taken up as soon as possible and disposed of. dered to lie on the table. Mr. CLARK of Montana presented memorials of sundry rail Mr. ALLEE presented petitions of 1,097 women of the State road employees of South Butte, Butte, Whitefish, and Havre, of Delaware, praying for an investigation of the charges made all in the State of Montana, remonsh·ating against the adop and filed against Ron. IlEED SM.OOT, a Senator .from the State of tion of a certain amenrtment to the so-called railroad rate bill Utah; which were ordered to lie on the table. to prohibit the issuance of passes to railroad employees and their 1\Ir. BURNHAM presented memorials of sundry .railroad em- families; which were ordered to lie on the table. 78.24 CONGRESSIONAL RECORD-SENATE. JUNE 5, Ur. OVERl\f.AN. I desire to state, without encumbering the will simply ask that there may be unanimous consent that Sen RECORD, that I have numerous telegrams from thousands of em ators may present these .telegrams at the desk without having ployees of railroads in my State, protesting against the confer permission in each instance to do so. I have myself a large ence report in reference to the pass amendment and protesting number to which I will give that disposition if permitted by the a~inst being prohibited to have free transportation on rail- Senn.te. road& · The VICE-PRESIDENT. Is there objection to the request · Ur. CULBERSON. I present telegraphic !llemorials of sun made by the Senator from Georgia? The Chair bears none. dry· railroad employees of Marshall and Hempstead, Tex., ad Mr. TILLMAN. Mr. President, under the rule which v;·e dressed to l\fr. H. R. Fuller, who represents the employees' in adopted a week ago, every one of these telegrams can be filed terests in this city, I understand, remonstrating against the with the Secretary and put into the RECORD, and the very adoption of the report .of the committee of conference on the object which every Senator has of giving publicity to the fact railroad rate bill in so far as it prohibits the issuance of passes that he has received them and presented them wm be accom to railroad employees and their families. I move that the me plished in that way. We are losing some valuable time. I morials lie on the table. have not presented the numerous ones that came to me, because The motion was agreed to. . I expect to follow that course. After the avalanche began I Mr. SIMMONS presented memorials of sundry ra_ilroad em dill not feel willing to cut off tho e who felt constrained to ployees of Charlotte, Highpoint, Asheville, and Salisbury, all adopt this method. . in the State of North Carolina, remonstrating against the adop l\fr. FORAKER. I hope the Senator will not insist upon the tion of a certain amendment to the so-called" railroad rate bill" rrile being followed, for that would suppress all knowledge·· of to prohibit the issuance of passes to _railroad employees and the popularity of this measure. · their families; which were ordered to lie on the table. Mr. TILLMAN. So far as the popularity of it is concerned, it seems that there is a streak of yellow in the Senate rather Mr. l\fONEJY. I have received a number of. these dispatches, than a streak of w bite this morning, and there must be a good one repre~enting more than a thousand employees of the illi many franks somewhere to send so many telegrams on this nois Central Railroad, but as they are sent to me and not to subject. the Senate I have not filed them·. However, I want to say that But without regard to that, and without defending tile meas I am going to vote in accordance with the request of these em ure at all, because I am only in a manner responsible for it ployees of railroads for free passes for themselves and tlleir and am willing to bear the burden of the responsibility, I call families. attention to the fact that this provision does not go into effect Mr. KNOX presented memorials of Lodge- No. 703, Bmther until January ne:xj:, and it does not obtain inside of a Sta~e ;_ it llood of Railroad Trainmen, of Brownsville; Division No. 41G. governs only interstate trafi!c. _ . Order of Railway Conductors, of Reading ; Lodge No. 593, There is great hysteria-if I may so can it-in regard to this Brotherhood of Railroad Trainmen, of Dubois; Lodge No. 4u2, matter. I only hope Senators who are so anxious about 1~e~ Brotherhood of Railroad Trainmen, of -Punxsutawney; Lodge lieving the employees-and I myself have always b~n will!~1g No . . 142, Brotllerhood of Railroad Trainmen, of Meadville; to vote to give them free tran~portation-will not inundate us Division · No. 452, · Brotllerllood of Locomotive Engineers, of with requests for additional exceptions when we have this mat Downieville; Lodge No. 476, Brotherhood of Railroad Train ter up again. That is the trouble now. It was· because ne-1-rly men, -of Pottsville; 73 members, Brotherhood of Railroad Train ·every Senator here felt constrained the other day to offer an men, of Marysville; sundry c~tizens, of Berwyn ; Brotherhood amendment enlarging_ the circle of exemptions until it prac of Railroad ·Trainmen, of Grove City ; Local Freight Agents' tically covered all creation. We had to deal with it somehow Association, of Allegheny ; Lodge No. 157, Brotherhood of Rail in conference, and I preferred the proposed amendment rather road Trainmen, of" Greenridge; Division No. 129, Order of Rail than to do nothing, knowing that the Senate, in its own good way .Clerks, of Hallstead; Lodge No. 565, Brotherhood of :Lo time, and the House could next winter deliberately pr~pa re comotive Firemen, of New Castle ; 870 members of Brotherhood some sane and reasonable and proper and just method for the of Railroad Trainmen, of Altoona; Lodge No. 8, Locomotive control of this evil and adopt it in time to prevent any harm. . Firemen, of Connellsville; Division No. 10, Order ·of Railway Mr. President, I believe conference reports ai·e privileged, .Conductors; of Sayre; Brotherhood of Railroad Trainmen, o-f and I will ask that the conference report on the rate bill be Hallstead; Lodge No. 75, Brotherhood of Locomotive Firemen, laid before the Senate. I wish to make an explanation of the of 'Philadelphia; Brotherhood of Railroad Trainmen, of Park report _ . Place; Lodge No. 682, Brotherhood of Railroad Trainmen, of Mr. MONEY. Before the Senator proceeds to that I hope, in Lewistown ; Lodge No. 435, Brotherhood of Railroad Trainmen, view of the fact that he has mentioned that there were a good of Albion; ·Brotherhood· of Locomotive Engineers, of Harris many franks around, be will allow me to say that every dis burg; Order of Railway Conductors, of HmTisburg; Lodge No. patch I have presented was p~id. 117, Brotherhood of Railroad Trainmen, of Columbia; Lodge .Mr. CULLOM. Mr. President, I insist on the regular order, No. 378, Brotherhood of Railroad Trainmen, of Butler; Brother and that is the presentation of petitions. · boJd of Railroad Trainmen, of Conemaugh; Division No. 71, Mr. TILLMAN. I do not want to cut off Senators from pre Brotherhood_of Locomotive Engineers, of Philadelphia; Division senting petitions. No. 114, Order of Railroad Conductors, of Pittsburg; Freight .Mr. LODGE. The Senator can not. A. conference rer ort is Agents' Organization, Pittsburg Division, Pennsylvania Rail not privileged now. . road, of Pittsburg; Lodge No. 277, Brotherhood of Railron.d · Mr. CULLOM. I bold in my band a large number of dis Trainmen, of Monongahela; Lodge No. 283, Brotherhood of Lo patches on the rate question and the pass question. Most of comotive Firemen, of Hallstead; Division No. 305, Brotherhood them protest against tlle proposed interference with passes to of Locomotive Engineers, of Hallstead; Lodge No. 587, Brother employees of railroads and their families. This bunch of tele hood of Railroad Trainmen, of Philadelphia ; Lodge ~o. 32~, grams I have received since I came into the Senate a few min Brotherllood of Locomotive Engineers, ·of Wilkinsburg; Lodge utes ago. I have a great number in my committee· room and a No. 149, Brotherhood of Railroad Tr~inmen, of Philadelphia; good many at my house. I present these and ask that they be Lodge No. 587, Brotherhood of Railroad Trainmen, of West Phil noted in the RECORD. . - adelphia ; Lodge No. 113, Brotherhood of Railroad Trainmen, of The telegrams were ordered to lie on the table and to be noted Philadelphia; Lodge No. 511, Brotherhood of Railroad Train in the RECORD, as follows : men, of Philadelphia; Pennsylvania Railroad Young Men's Memorial of Local Division No. 83, Order of Railway Con Christian Association, ·. Dubios; Brotherhood of Gar Inspectors, ductors, of Galesburg, Ill. ; memorial of Local Division No. 4Q6, Car Builders, and Railway Mechanics of America, of Philadel Order of Railway Conductors, of Monmouth, Ill. ; memorial of phia;-Lodge No. 363, Brotherhood of Railroad Trainmen, of Local Division, Order of Railway Conductors, of Freeport, Ill. ; Philadelphia, all in the State of Pennsylvania, and Brotherhood memorial of M:. H. Butler, chief engineer, and James McElroy, of Railroad Trainmen, of Chicago, Ill., remonstrating against freight assistant engineer, of Bloomington, Ill. ; memorial 1of the adoption of an amendment to the rate bill prohibiting the John J. 1\:lcGoric, member of Railway Trainmen, of Chicago, Ill,.~ issuing of passes to railroad employees and members of their memorial of William V. Frie, member of Railway Trainmen, of families; which were ordered ~o lie on the table. Chicago, Ill.; memorial of G. W. Winchel\ member of Rail~ay 1\fr. DUBOIS presented memorials of _sundry railroad em Trainmen, of Chicago; memorial of John H. l\fcGloon, of Chi~ ployees of Pocatello 'and MontPelier, .all in .the State 'of Idaho; cago ; memorial of George Hale, of Chicago ; memorial of J'a ~ob remonstrating against the adoption of a certain amendment to Ellgrass, of Chicago; memorial of J'ohn· J. Toomey, of Chicago; \the so"-called "railroad rate bill" to prohibit _the issuance of memorial of Phillip E. Scantan, of Chicago; memorial of J. ~ ' pa ses to railroad employees and their f~ilies ; which were Dempster, of Decatur; memorial of George Shilling, of Decatur, ordered to lie on the table. , memorial o! S. E. Callahan, of Decatur; memorial of J .. ,W. 1\fr:BACON. I presume every Senator bas received telegrams Braddock, of Decatur; memorial of H. J. l\fitcbell, of Indi .such as have been presented by a large number of Senators. I anapolis, Ind. ; memorial of Local Division No. 81, Order of 1906. CONGRESSIONAL RECORD-SENAT-E. -· 7S25 Railway Conductor·s, of Beardstown; memorial of Local Lodge I .Mr. WARNER presented memorials of sundry citizens o~ No. 350, Brotherhood of Locomotive Engineers, of Mattoon; Eldon, Kansas City, Milan, Slater, Monett, St. Joseph, Jeffer memorial of E. J. Wilkins, of Decatur; memorial of Walter son City, Brookfield, Sedalia, St. Louis, Laredo, Stanberry, Romick, of Decatur; memorial of T. C. Russell, of Decatur; ·Elmo, Trenton, and Boi:u:ie Terre, all in the State of Missouri, memorial of D. R. Talbott, of Decatur; memorial of E. E. Fair, remonstrating against the adoption of a certain amendment to of Decatur; memorial of J. F . Ryall, of Decatur; memorial of the so-called "railroad rate bill" to prohibit the issuance of J. N. Edwards, of Decatur; memorial of J. B. Fosnaugllt, of passes to railroad employees and their families; which wer~ Decatur; memorial of John Rodems, of Decatur; memorial of ordered to· lie on tbe table. L. E. Fulmer, of Decatur; memorial of C. W. Scbmigge, of Mr. SUTHERLAND presented memorials of sundry citizens Decatur; memorial of Albert W. Holmes, of Chicago; memorial of Ogden and Black Rock, in the State of {!tab, remonstrating of L. F. Kenerk, of Chicago ; memorial of G. A. l\fenz, of Chi- against the adoption of a certain amendment to the so-called cago ; memorial of William J. Ricketts, of Chicago; memorial of "railroad rate bill" to prohibit the issuance of passes to rail Albert S. Lunt, of Chicago; memorial of Edward O'Keefe, of road employees and their families; which were ordered to lie Chicago; memorial of l\I. J. Bazaret, of Chicago; memorial of on the table. John Mabon, of Chicago; memorial of Andrew Goyte, of Chi- Mr. CARTER presented memorials of sundry railroad em cago; memorial of J. J. Thompson, of Chicago; memorial of ployees of South Butte, Havre, Butte, Whitefish, and Forsythe, C. M. Connelley, of Chicago; memorial of James Burke, of all in the State of Montana, remonstrating against the adoption Chicago; memorial of Fred Barr, of San Antonio, Tex.; me- of a certain amendment to the so-called "railroad rate bill" to morial of F. D. Johnson, of East St. Louis; memorial of Local prohibit the issuance of passes to railroad employees and their Division No. 727, Brotherhood of Railroad Trainmen, of Venice; families; which were ordered to lie on the table. memorial of C. H. E-verly, of Chicago ; memorial of Local Division l\1r. PILES pre ented memorials of sundry railroad employees No. 458, Brotherhood of Locomotive Engineers, of Chicago; of Spokane, -Seattle, and Ellensburg, ·all in the State of Wash: memorial of R. D. Beaver, of Centralia ; memorial of E. C. ington, remonstrating against the adoption of a certain amend Kramer, of East St. Louis; memorial of James McRea, of Pitts- ment to the so-called" railroad rate bill" to prohibit the issuance burg, Pa. ; memorial of G. J. McKinley, of Chicago; memorial of passes to railroad em!Hoyees and their families; which were of J. F. Roberts, of Mounds ; memorial of J. W. Brant, of Deca- ordered to lie on the table. tur; memorial of G. B. Seitz, of Kankakee; memorial of Local Mr. MILLARD presented memorials of sundry railroad em: Division No. 231, Brotherhood of Locomotive Engineers, of Chi- ployees of Omaha, Chadron, and Lincoln, all in tbe State of cago; memorial of H. C. Murphy, secretary of Railway Young Nebraska, remonstrating against the adoption of a certain Men's Christian Association, of Indianapolis, Ind. amendment to the so-called "railroad rate bill" to prohibit the Mr. CULLOM presented petitions of sundry citizens of Illi- issuance of passes to railroad employees and their families; nois, praying for the adoption of an amendment to the postal which were ordered to lie on the table. laws relating to newspaper subscriptions; which were referred Mr. KITTREDGE presented memorials of sundry railroad em- to the Committee on Post-Offices and Post-Roads. ployees of Huron and Aberdeen, S. Dak., remonstrating against :Mr. BULKELEY. I present telegraphic memorials of sundry the adoption of. a certain ame~dment to the so-called " railroad citizens of Hartford and New Haven, in the State of Connecti- rate bill" to prohibit the issuance of passes to railroad employees cut, remonstrating against the adoption of a certain amendment and their families; which were ordered to lie on the table. to the so-called railroad rate bill to prohibit the issuance of . Mr. HANSBROUGH presented memorials of sundry railroad passes to railroad employees and their families. I ask that tbe employees of Minot and Larimore, J:lf. Dak., remonstrating· memorials lie on the table. against the adoption of a certain amendment to the so-called While I a.riJ. on my feet I desire to say that this is the only "railroad rate bill" to prohibit the issuance of passes to railroad expression in regard to the rate regulation of railways that I employees and their families; which were ordered to lie on the have received during the three months' discussion of this sub- table. · ' ject. Mr. WARREN presented memorials of sundry railroad em- The VICE-PRESIDENT. The Chair will state that in the ployees of Laramie, Evanston, and Cheyenne, all in the State presentation of petitions under tbe rule debate is not in order. of Wioming, remonstrating against the adoption of a certain Petitions are submitted without debate. The memorials will amendment to the so-called "railroad rate bill" to prohibit the lie on the table. issuance of passes to railroad employees and their families; Mr. L.A. FOLLETTE. Without debate I present sundry tele- which were ordered to lie on tbe table. graphic memorials of railroad employees of Green Bay, Kau- Mr. RAYNER presented memorials of sundry railroad em kauna, La Crosse, and Madison, all in the State of Wisconsin, ployees of Baltimore, Hagerstown, Brunswick, and Weverton, remonstrating against the adoption of a certain amendment to all in the State of Maryland, remonstrating against the adoption the so-called "railroad rate bill" to prohibit the. issuance of of a certain amendment to the so-called "railroad rate bill" to passes to railroad employees and their families. I ask that the prohibit the issunce of pass~s to railroad employees and their memorials lie on the table. famiEes; which were ordered to lie on the table. The VICE-PRESIDENT. The memorials will lle on the table. Mr. HOPKINS presented memorials of sundry railroad em- Mr. BR.A.l~DEGEE presented memorials of sundry railroad ployees of Chicago, Galesburg, Decatur, Freeport, Mounds, _Cen employees of New Haven, Conn., remonstrating against the tralia, Venice, Beardstown, East St. Louis, Danville, Spring adoption of a certain amendm('nt to the so-called " railroad rate field, Effingham, Rock Island, Aurora, Roodhouse, and Kankakee, bill " to prohibit the issuance of passes to railroad employees and all in the State of Illinois, remonstrating against the adoption their families; which were ordered to lie on the table. of a certain amendment to the so-called "railroad rate bill" to 1\fr. BURKETT presented a petition of the Society of Friends, prohibit the issuance of passes to railroad employees and their of Lincoln, ::Webr., praying for an investigation into the existing families; which were ordered to lie on tbe table. conditions in the Kongo Free State; which was referred to the Mr. PERKINS presented memorials of sundry citizens of San Committee on Foreign Relations. Francisco, San Jose, and Bakersfield, all in the State of Cali- He also presented memorials of sundry railroad employees fornia, remonstrating against the adoption of a certain amend of Chadron, Norfolk, and Beatrice, all in the State of Nebraska, ment to the so-called" rate bill" to prohibit the issuance of passes remonstrating against the adoption of a certain amendment to to railroad employees and their families; which were ordered the so-called "railroad rate bill" to prohibit the issuance of to lie on the table. passes to railroad employees and their families; which were Mr. ELKINS presented memorials of sundry railroad em- ordered to lie on the table. ployees of Parkersburg, Grafton, Hinton, Lowell, 'Bluefield, Mr. LATIMER presented memorials of sundry railroad em- Montgomery, and Williamson, all in the State of West Virginia, ployees of Columbia, Blacksburg, Greenville, all in the State remonstrating against the adoption of a certain amendment to of South Carolina, remonstrating against the adoption of a the so-c~lled "rate bill "to prohibit the issuance of passes to .rail certain amendment to the railroad rate bill to prohibit the road employees and their families; which were ordered to lie issuance of passes to railroad employees and their families; on the table. which were ordered to lie on the table. .1\'Ir. GAMBLE presented memorials of sundry railroad em- Mr. LONG presented memorials of sundry citizens of Parsons, ployees of Huron and Aberdeen, S. Dak. ; of Sheridan, Wyo., Emporia, Chanute, Wichita, Herrington, Caldwell, Ellis, Neo- and Sedalia, Mo., remonstrating against the adoption of a cer desha, Fort Scott, Pittsburg, Dodge City, and Argentina, all in tain amendment to the so-called "railroad rate bill" to prohibit the State of Kansas, remonstrating against the adoption of a the issuance of passes to railroad employees and their families; certain amendment to the so-called "railroad rate bill" to pro- which were ordered to lie on the table. bibit the issuance of passes to railroad employees and their Mr. TILLMAN presented memorials of sundry raiil'Oad em- families; which were ordered to lie on t_he table. ployees of Charleston, Chester, Bellevue, Seneca, F: orence. XL--490 7826 CONGRESSIONAL RECORD-SEN ATE. JUN~ 5, Gaffney, and Greenville, all in the State of South Carolina, re out to the amount weighed ln. It is charged that in ten years the aver age was 26,000,000 bushels. monstrating against the adoption of a certain amendment to the Third. That there was an excessive dockage. so-called "railroad rate bill" to prohibit the issu~ce of passes Fourth. That a cargo of wheat known as "durum" "macaroni," or to railroad employees and their families;. which were ordered to "rice" wneat was overgraded when it was shipped to a Mediterra nean port. This charge is based upon a letter of H. T. Fowler, of the. lie on the table. Alger-Fowler Company, of Superior, Wi:s. Mr. CRANE presented petitions of 12,243 women of the State Fifth. That a larger- number of bushels of the higher grades Is. of Massp_chusetts, praying for an investigation of the charges shipped out than is taken in. 'l'be genator is misinformed in regard to the manner of the appoint made and filed against Bon. REED SMOOT, a SenatoJ.' from the ment of the chief inspector and the machinery provided in this State State of Utah; which were ordered to lie on the table. for taking appeals. . 1\lr. IIALID presented a memorial of Local Division, Order of The chief inspector is appointed by the railroad and warehouse com mission, which, by law, has general supervision ove.r the grain business Railway Conductors, of Portland, Me., remonstrating against in the State. He appoints his deputies with the approval of the com tbe adoption of a certain amendment to the so-called " railroad mission. The grain-inspection force consists of a chief inspect 1·, two rate bill " to prohibit the issuance of passes to railroad em chief deputy inspectors--one located at Mlnneapolis and the other at Duluth-and the business at these two terminal points is under the ployees and their families; which was ordered to lie on the immediate control of the chief deputies located there, subject to tbe table. · . daily supel'vision of the chief inspector. There are two assistants, Mr. McCREARY. :Mr: President, my colleague [Mr. BLAcK known as first and second assistants, at each point, and sufficient deputy and subdeputy inspectors at each terminal who, in the first BURN] is nece sarily absent from the Senate attending to his instance, do the aetual work of inspecting the grain. · duties as a visitor at the United States l\Iilitary Academy at Until within about a year ag') llie grain came into the railroad yards West Point. I present for him certain telegrams protesting. at Duluth, Supel'ior, Wis., and Minneapolis. The deputy inspectors assigned to the different yards went to the cars, the helpers opened against that part of the railroad rate bill in regard to passes. them, and the deputy inspectors made the inspection ; this \vas done I ask that the telegrams be receievd and laid upon the table. by the helper plunging each car a sufficient number of times, not less The VICE-PRESIDENT. The memorials will be received and than three, with a sectional probe or trier, which brings to the sur face a sample of the wheat from the top to the bottom of the car. laid upon the table, in the absence of objection. These samples are all mixed together, and from the same thus ob Mr. MONEY presented the affidavit of Lewis P. McCord to tained the grade is determined. '.rhe inspector is not informed from accompany the bill {S. 4594) for the relief of the estate of where the wheat comes, nor to whom it belongs, nor to what commis sion house it is shipped. The inspector has with him a sieve and test John T. McCord, deceased ; which was referred to the Commit ing kettle for the purpose of determining the weight of the wheat, and tee on Claims. also to determine the amount of dockage, foul seed, etc., contained in 1\Ir. STONE presented petitions of Word and Works Publishing the wheat. If in the judgment of the inspector the dockage is mor·e.. than a pound and a half per bushel it is arrived at by careful test Company, St. Louis; E. C. Brokmeyer, editor Missouri State with scale and sieve. Republican, St. Louis ; Horse Show Monthly Publishing Com Since the Wisconsin authorities have requested us to withdraw our pany, St. Louis; M. V. Carroll, Sedalia; T. 1\f. Horne, Black inspection from Superior the inspection has been done at Cass Lake and Sandstone on the line of the Great Northern Railway; the samples water; William H. Reed, editor Insurance Leader, St. Louis; have been gathered there by probing in the same manner as described I. L. Page, Bonneterre; Joe Burnett, New London; H. W. heretofore, but have been sent to Duluth, and the inspection has Beldini:!, St. Louis; J. D. Greer, editor Herald, Laddonia ; B. F. actually been made by the inspectors at the office of the chief deputy inspector in Duluth Lusk, editor Herald_, Jackson;_A. C. Bledsoe, e-ditor Truth, The owner of the wheat always has a representative at the terminal Hartsburg; H. A. Clay, editor Tribun<.::!, Ozark ; Homer A. Brook point. Wheat is shipped to the terminal point either in care of the hart, editor Advance, Collins; B. H. Cowgill, editor Sentinel, elevator owning it or to the commission merchant handling it, so the owner of all wheat has a representative to look after his ·interests. It. Lebanon ~ W. C. , Pi'ice, ~ditor Post, Princeton; C. 1\L Zeigle, the owner is. not satisfied with the gr!l.de placed on the grain by the editor Tribune, Bunceton; A.. T. Burge, editor Record, Conway; deputy inspector he is entitled to call for a rein-spection ; if the grade 0. A: Pelzer, editor Headlight, Illmo; Charles Ray, editor Demo is sustained, he pays $1 per car; if changed in any way, either dockage or grade, there is no charge. If he is dis atisfied with the reinspection, crat, Cassville; H . H. Mitchell, editor Republican, Boonville; he still can appeal to what is known as the "board of grain appeals." Walter L. Bales, editor Democrat, Odessa ; W. R. Randolph, This board is appointed by the governor, and is composed of three editor Qui Vive, Waverly; Howard A. Gass, editor Missouri members in Duluth and three members in Mil:Jneapolis, not more than two of whom can belong to the same political party, and is separate· School Journal, Jefferson City; W. M. Barnum, editor Barnum's and distinct from the inspection departt:nent ; neither the chief in Midland Farmer, . St. Louis; Wigginton & Conger,. editors Bul spector nor the railroad and warehouse commission has anything to letin, Linneus ; Eppie L. Barber, editor Herald, Denver; J . S. say about the personnel of this board. The first board was appointed by Governor Lind in 1899, the second l1y Governor Van Sant m 1901, Wood, editor Register, Elmo; S. B. Osborne, editor Press, and the third by Governor Johnson in 1905. The grain is carefully Worthington; J. G. Coe, editor Jeffersonian, Higginsville; 0. H. examined by them, and when necessary sifted and tested for dockage Scott, editor Record, Buffalo; J. L. McNabney, editor Republic, the same as by the inspector and reinspector. and thE! grade placed finaL Southwest City, and W. W. ~earney, editor Indepenoent, Lowry by the appeal Board upon this grain is The charge for an appeal is $1. City, all in the ~tate of Mis·souri, praying for thr. adoption of The grain inspectors are promoted by the chief inspector from the an amendment to the postal laws relating to newspaper sub subordinate position of helper, and a man geneTally works from three to five years in the position of helper, whose -busine s it is to go with scriptions; which were referred to the Committee on Post the inspectors,- open the car door, do the plunging,· thus getting familiar Office and Post-Roads. with the different grades and varieties •1f grain, and only receives this He ::i.Iso presented a memorial of Local Council No. 26, United promotion after a careful and rigid examination. Exhibit A is statement-showing the- numbe-r of cars reinspected and Commercial Tra-\elers, of St. l-ouis, Mo., remonstrating against appealed, and the results of such reinspc-ction and appeal from Septem the consolidation of third and fourth class mail matter ; which ber 1, 1899, to September 1, 1905. The total number of cars in was referred to the Committee on Post-Offices and Post-Roads. spected was 1 563,294 ; ears reinspected, 17G,89:.! ; cars chan..,o-ed on reinspe~tion, 82,.279; cars sustained on reinspection, 94,613; cars ap He also presented memorials of sundry railrond employees pealed, 52,490; cars changed on appeal, 16,262; cars sustained on of Se Exhibit B is a statement made from the reports of the weighmasters handling and mixing-wheat that is graded " No grade" on account at Duluth and Superior from September 1, 1892, to August 31, 1902, of being too wet to · store, unless handled and dried, or wheat that is inclusive, showing the amount Of wheat weighed in to the elevators tainted with smut, exceedingly d irty, bin burnt, or musty. This and mills, bushels weighed out of the elevators, the bushels weighed class of grain is thought by many p-:!rsons not conversant wit~ the into the mills, and the bushels weighed into the Zenith elevator, which grain bnsiness to be no good, in fe..ct, worthless, while as a matter of should be considered as shipments "out." There were shipped from fact it may be, if dried and carefully handled by brushing, fanning, the Zenith elevator 1,181,317 bushels, on which no di.l'ferent weight and cleaning, entitled to the highest grade. was taken, this elevator accepting the " in " weight from the parties Prior to the inception of the private elevators at Duluth, with the to whom the wheat was sold. An examination of this statement will exception of a very small quantity which was bought at that time show that there was an equal amount of wheat shipped out and by one or two small local flouring mills, all wheat graded below 2 taken in. northern (and even that grade could only be sold in limited quan The statement on which M:r. McCUMBER relied did not contain the tity), had to find a market elsewhere. Shippers were notified not to amount of wheat received into the mills for the years ending 1893, ship their low grades to Duluth, but to Minneapolis or some other 1894, and 1895, which was 30,686,632 bushels. Mr. Crumpton's affi market where it could be disposed of at better advantage on account davit fully explains this. of the private elevators. That the mixing of wheat does not injure Exhibit C is a statement showing the average amount of dockage the producer, but, as a matter of fact, is a benefit, is well known to per bushel for each year from 1893 to 1902, inclusive, and shows an all conversant with the grain business. It enables mixers to pay a average dockage for the ten years of 19! ounces to the bushel. premium above the price of the regular grade for the choice lots or The Senator also stated that there was dockage on wheat received cars of each grade. in, and no dockage on the wheat shipped out. '£his is explained by the Different grades of grain can not be mixed in public elevators, but fact that the grain going out from Duluth in.cargoes is all cleaned be the law does not prevent an owner of grain from mixing different fore it is shipped, and practically all the wheat that goes from that grades or different qualities in his own elevator, where he is not market goes in cargoes over the Lakes. storing and handlin~ grain for the public; and such a law, in the The charge of the overgrading of a cargo of durum wheat, made opinion of this comm1ssion, would be unconstitutional. by Mr. H. T. Fowler : If this charge had been true, the Department Dated June 2, 1906. would have heard of this overgrading at Bul'falo, New York, or Mon RAILROAD AND WAREHOUSE COMMISSION OF THE treal, whichever route the cargo took. The C~mmission have had STATE OF MINNESOTA, some experience with Mr. H. T. Fowler, of Superior, Wis., who writes By InA B. MILLS, Chairman. the letter making this charge. All flax is inspected and the dockage determined by taking a sample from the cars to the office of the chief deputy inspector, which is done EXHIBIT A. in the following manner : The car is sampled by probe or trier passing through the seed at not Statem.ent shotoing the number of cars reinspected ana appealed, ana the less than seven points equally distributed through the car. At each results of such reinspectwn and appeal, from Septe1nber 1, · 1899, to point an equal quantity of seed is taken, aggregating 3 pounds, which September 1, 1905. is deemed an average sample Of the carload. From this sample 1 [Figures taken from the annual report of the chief inspector of grain pound of average seed is taken to be tested, and the impurity removed by sieves; the per cent of impurity and weight per measured bushel of the State of Minnesota.] of the commercially pure seed determines the grade and dockage. Reinspection and appeal is allowed from this the same as other Cars Cars Cars grain. Cars changed sus- Cars sus- When the sample has been taken from the car, for convenience .ft Year ending Cars in- r ein- onre- tained Carsa.p- changed tained is hung on the door of the c~, and subsequently, when the train of Aug.31- spected. spected. inspec- onre- pealed. on onap- cars has been sampled, these samples are gathered up and taken to tion. inspec- appeal. peal. the office. tion. During December, 1903, the Department found that they were hav ------ing complants in regard to .excessive dockage on flax. An investiga 1900 ______26,711 15,485 3,818 1,675 2,143 tion was instituted, and it was found that this Mr. H. T. Fowler 190L ______209,949 ll,226 was tampering with these flax samples which had been hung_ on the 260,279 24,627 12,392 12,235 7,033 2,005 4,008 34,2'20 13,566 20,654: 10,817 3,2"u5 7,582 car doors by taking some of the flax out of the bags and putting dirt 190'.;!Hl03 ______----·-- 261,642 and foul seed in the samples, and it was found that some of the 19()4 ______272,0« 31,265 ,14,156 17,109 9,813 2,465 7,348 samples with which Mr. Fowler had tampered showed an increase in 19()5 ______274,00 29,122 14,145 14,977 10,000 2, 772 7,228 the dockage of 100 per cent. After he had fixed - the samples he 284,930 30,947 16,794 14,153 11,009 3,150 7,859 would notify his commission man in Duluth of the numbers of the cars and request him to buy the flax, thereby practically obtaining a large TotaL 1,583,294 176,892 .82,279 94,6131 52,490 1 16,2621 36,228 amount of flax from each car. The commission make this statement advisedly and are willing to stand by it in any forum where Mr. Fowler wishes to try it. We EXHIBIT B. were advised by counsel in West Superior that for the offense com mitted we had no legal remedy, and we desire this statement to be Official statement of the chief inspector of grain tor the State of Min made to the United States Senate for the purpose of showing to what nesota, s1wwing the amount of u wheat'' u weighed in'' ana length some people who are interested in discrediting the Minnesota u weighed out ,, of elevatm·s ana mills at Duluth and Superior from inspection and weighing department will go and the character of September 1, 1892, to August S1, 1902, inclttsive. witnesses they will employ. • We append copies of letters received from the chief deputy inspector Bushels at Duluth in regard to this matter. (Exhibits D and E.) ~ushe~ Bushels weighed Regarding the fifth charge, wherein the Senator quotes from the wmghedmto Bushels weighedinto into Ze report of the Hon. George A. Young and submits a table from the eleva0rs weighed out "mill " nith ele- chief grain inspector's report showing receipts and shipments for the Date, year ending August and mills, f s 31- part gross o elev~tors, sho~ld be vator crop year ending August 31, 1901 (thjs table was included in his weight and net weight, considered sho~1 ld be speech of March 30, 1904), he says : " More than three times the part net less dockage. as.an out considered amount of 'No. 1 hard' was shipped out than was taken in; also, it weight. shipment. as an out will be seen that of the higher grades the amounts shipped out always shipment. exceed by two or three times the amounts taken in." In regard to these charges, will state the annual report of the chief grain inspector does not take into account the amount Of grain 1893 ------42,358,750 35, 7()7, 910 5,980,147 42,432 on hand in the elevators at the beginnina or ending of each season ; 1894------36,851,4.43 24,416,401 11,200,544 9,605 they only show the actual amount han 8led for the crop year. In 1895------39,396,473 24,763,049 13,431,604 8,337 this particular case there was on hand September 1, 1900, over 7 000 - 1896 ------·------67,442,981 5:~ . 534,438 14,878,520 145,361 000 bushels of wheat in the \)Ublic and private elevators, and I 'refer 1897 ------·------45,758,490 39,569,336 11,466,580 98,073 you to Exhibit F for a deta1led statement of the actual amount on 1898------47,739,338 35,002,386 9 684 382 218,572 hand, received, and shipped. 1899 ------·------81,288, 855 64,971,143 n:2.JS:331 367, 74S Regarding the changes of grades in and out of elevators : In ad 190019()1 ------______54,693,444 48,346,796 2, 250,£04 291,189 dition to the thorough explanation made by Senator NELSON we sub- 23,743,626 26,0!7,506 2,483,336 mit the following: , 53,919,157 46,123,873 7,340,409 The intermingling or mixing of different grades of grain, resulting 1902------. --··------in the improving of low grades to a higher grade, is considered TotaL _____ --·--·---- 493,192,557 395, 4S2, 838 a 90,730,457 j a 1,181,317 l)y all grain men and handiers as legitimate a business as the improv ing or mixing of any article in any other line of business. The grading of grain is largely a matter of judgment, and no " These amounts are included in total receipts of 493,192,557 bushels. rules for this can be laid down that do not allow a certain range for every grade of grain. On this account there is a higher and RECAPITULATION. lower level in every grade, and by mixing certain proportions of the Bushels. choice qualities of, we will say, _ 1 and 2 northern in the propor Total amount of wheat weighed into elevators and tion of the low grade used can be raised so as to make a mixture equal mills ------493,192,557 or better than the avera~e run of the higher grade. Wheat that is put m the 2 northern grade may have all the Total amount of wheat weighed out of elevators ______395,482,838 qualities of 1 northern but one. For instance, it may contain too Total amount of wheat weighed into mills shipped out as much cockle, smut, foul seed, etc. ; it may be bleached a little too flour and other products ______90,730,457 much, or it may be too light in weight, but by mixing with it 1 Total amount of wheat shipped from Zenith elevator on northern of good color that contains no cockle or bleached kernels which no " out weight" was taken, the Zenith elevator and is very heavy, it brings it up to the average level of the uppe~ accepting the " in weight " from the parties to whom grade. To accomplish these results it is necessary to have elevators their wheat was sold______1,181,317 equipped with special machinery for the handling and improvina this Dockage on account of dirt, foul see:i, etc ______4,111,749 class of wheat. "' Accounted for by direct transfer through shipping bins There are two classes of elevators at Minneapolis, Duluth and Su wherein the " in weight" was also taken as an "out perior-the public and the private. The public elevator affords the 1,686,196 shipper the privilege of storing his grain where different grades are weight" ------not allowed to be mixed. This class of elevator is entil·ely under 493,192,557 the control of the State grain department. The private elevator is not under the ·control of the State, except by com:tesy. They may be F. W. EvA, classed as gram merchants. They buy all gram which they store Chief Inspectm· of Grain, from owners or their representatives, by sample or grade selecting State of Minnesota. only such as they, in their judgment, think can be improved by ST. PAUL, MINN., Apr-il 18, 190-9. 7828 CONGRESSIONAL :RECORD-SENATE. JUNE 5, ExHIBIT C. • among our farmers, who have been systematically robbed; but in addl- Statemcnt showing the avC1·age amotmt of dockage per busheZ for each tion to the facts presented by our farmers, and in corroboration ther~nf, yca1· tnmt 1893 to 190~, inclusive, September 1, 1892, t{) Attgust 81, 1!J02. I .call to your attention the official · report of the chief inspector of ompiled from the annual reports of chief inspector of grain of .grain of the State of Minnesota, showing the total receipts and ship [c ments of grain for the year ending August .31, 1901, from which I Minnesota.] quote." Ounces. Now, from this table alone, and from the official report that is given .1893 ------1H 'by the inspector there will be seen the robbery that is going on in the 1 91 1 9iJ =:=:=:=: =:=:=:=:=:=: =: ==:=:=:=:=::::=:=:::=::::=.::::::=:=:=:::::::::::=:=:==:=:=:=::::=:=:==:=:::: i~l Rresent system of State grain grading at the terminal markets at Du- 1 896 ------15 ~ uth, Superior. and Minneapolis. 1n ------>------15 el$'_'.,No. 1 hard: Rec'.!ipts, 341,567 bushels; shipments, 1,000,438 bush- 1898 ______: ______a~~:~ i ore than three times as much No. 1 hard was shipped out in tbos.e 18Q!) ------three yeru.·s as was taken in. 1 900 19. 7 "No. 1 northern [that is a very good grade of grain] : Receipts, 1!)01 23.5 10,070,414 bushels; shipments, 10,900,917 bushels. 1!).0~ 19. 8 "No. 2 northern: Recipts, 7 ,341,594 ; shipments, 3,978,311. " No. 3 spring: Receipts, 1,335,830; shipments, 444,041." Average dockage for ten years------19t It will be seen that of tJw higher grades the amount shipped out al This is in answer to the claim that excessive dockage was taken. ways exceeds by two or three times the amount taken in, while of the l{)wer grades the .amount. taken in exceeds from two to three times the amount shipped out. EXHIBIT D. I will make this table a part of my .remarks without quoth~ further STATE OF MINNESOTA, from it. OFFICE OF CHIEF DlilPUTY INSPECTOR OF ·GRAIN, The table referred to is as follows : Duluth, Minn., Dece-mber 3, 1903. No. l hard : Receipts, 341,567 ; :Shipments, 1,000,438. Mr. F. W. EVA, No. 1 northern: Receipts, 10,070,414; shipments, 16,900,917. Chief Inspecto1· of Grain, St. Paul, Minn. No. 2 northern: Receipts, 7,341."594; shipment , 3,9i8,311. DE.u: Sm : We have had quite a number of complaints lately on our No: 3 spring: J.tecei.J?ts, 1,335,830; shipments, 444,041. flax dockages, and on resamples have had to take as high as 4 per cent ReJected: Rece1pts, 256,063;. bipments, 134,471. off of them. It bas occurred on our best men and most careful samplers. No grade : Reeeipts, 1,3.35,5z1; shipments, 344,823. · November 22 a resample was called on Great Northern car 33646 by NoTE.-See attached copy, Exhibit F, for answer to this: Turlc ~:.t Co., which originally graded 1-7~ per cent, on resample was No. 1 hard on hand and receipts, 1.,004,203 bushels. made 1-3 per cent. They claim that was the dockage advised, No. 1 northern on hand and receipts, 15,356,760 bushels. I thought there was a leakage somewhere, and bad Mr. Graves watch the men that were samplin~ . On investigation he found that Mr. Fowler, of the firm of ..Alger-lfowler, of West Strperior, who bas been in ExHIBIT F. the yard all fall looking .at flax, was in the habit of going up the ladder and watching the men sample. It looked queer to him, so he had the MINNESOTA GRAIN INSPECTION DEPARTME~T, Du-lu.th cUsttict. men watch him very closely. . Statement ot the a1nount of ~oheat, by grades, on hand at the begin Yestei'day he was seen tampering with a sample of Great Northern ning of the crop year, September 1, 1900; amount received and car 2·1552, Nothing was said, but after be left the yard a resample s1tippcd dttring crop year of 1901; amount 0 1~ hand at close of crop was taken .and both brought to the office. The first sample tested lQ per y ear~ August 31, 1901; am.otmt tak,en in at the mills, which was cent; the second only 5 per .cent. We found the car was consigned to shipped out as flour ancZ other p1·oducts; amount of dockage tor Edwa1·ds-Wood & Co. We had the.m call a reinspection at Ross ele dirt, touZ seed, etc.; a111t0u1~t of transfers wherein the u in weight" vator, and the thil·d sample tested 5 per cent. is also taken as an u .out weight." I bad Mr. Graves use extra precaution to-day. Knutson & Davis saw Fowler putting something into samples of 46206 and 21522. We had AMOUNT ON HAND SEPTEM.BBR 1, 1900, AND RECEIPTS FOR YEAR "ENDlNG new samples take'n, and there was a difference of 3 per eent on each car. AUGUST .31. 1901. Fowler can only buy flax from :McKindley & Nicholls, Turle & Co., and H. Poehler, of this side, and I understand he pays a half cent premium. The flax of these firms is all be looks at. Bushels Bushels Bushels What would you advise? Shall I order him out of the yard, and on hand on hand received notify these firms what he is doing, or can we have bim arrested'? Sept.!, Sept.. l, from Sept. Total Grade. in 1,1900, to Hoping to bear from you soon, 1900, 1900, m Aug. 31., bushels. Yours, ·truly, H. E. EMERSON, c. D. I. public ele 1901 (gross vators. e~~:to~s. weight). EXHIBIT E. STATE OF MINNESOTa, !bard---·--·------653.715 ~;E~ 3H,OG7 1,00!,203 ()FFICE OF C:S:IEF DEPUTY INSPECTOR OF G:U.A.IN, 1 northern------4,781.,683 50.,uuu 10,0i0,414 15,356,760 Duluth, Minn., JJecmJwcr .q, 190J. 2 northern------·---- 453,028 ·24fi,473 7,34l,W4 8,041,095 Mr. F. W. EvA, St. Paul, Minn. 3spring ------54,327 ------1,3:15,030 1,390,157 DEAR SIR: fr. Staples came up this morning and I stated the ' 300,360 Fowler case same as I wrote you last night. He feels the same as ~~j~~~1e=:::::::::::::::::::~=== ~:~ :::::::~::: 1, ~;~ 1,432,905 we do in prosecuting Fowler, but be says the commission have no 88.180 jurisdiction and that the Duluth Board of Trade call do nothing in ~~:; ~!~======:::::::==~= ---~2S;iti6" -----~:~~- --1;799~9~- 1,826,772 the matter, it having occurred in Wisconsin. Not inspected ______------··-- 4,Wn 4,3t7 M.r·. Ames, president of the boal'd, came in while we were talking Bonded----_----- ____ ·---··------174,134, 4,308 1,25S,i520 1.437,002 and wanted to know the facts of the Fowler case. We told him what we knew and .als{) the evidence we bad against Fowler. He called up TotaL • .,•• --~ ------6,28.J,954 1 852,545 22, 74.3-.-622-- l~ --30-,882-,-12-1 John Murphy, attorney for the Great Northern RaHway, and stated the evidence we had, and _if we took affidavits of the men that had seen Fowler tampering with the samples, did be think there was a chance AMOUN~ ON HAN D A.UGUST 31, 1901, AND SHIPMENTS FOR YEAR ENDING for crimi.nal action? He told him to prepare them and have them AUGUST 31, 1901. ready for 1\Ionday morning. In the meantim€ he would look up the law on cases of that kind and be certainly would do all in his power to Bushels Bushels land :Mr. Fowler where be belonged. weighed Bushels Bushels shipped I have had all the boys that were concerned in fuis matter at the into mills on hand on band from Sept. office this afternoon and have their statements. Shall go over them Grade. Sept.1, Au~.31, Aug. 31, 1,1900, to Total with Mr. Staples in the morning; will then have them typewritten 1900, to 100 'in l OCH, in bushels. and sworn to before a notary public. · publicele- Aug. 31, Aug. 31, 1001 ~et It looks to me as though we had Mr. Fowler in just about the right 1001. vators. efe~::;;:s. weig t). place. • We bad another experience with· him to-day. Edwards-Wood had five cars of flax and he loaded tour of them and .one for IlfcKindley & 1 hard ___ ---·----____ 7,514 6, 03i ------____ 1, 000,438 1,013,986 NicboUs ; bad two samples of them besides the one be fixed. 1 northern______344,192 114,469 176,571 16, S00,918 17,536,1.50 Have ttied to keep this matter quiet, had cautioned the boys not to 2northern ______1,5ll,U30 302,148 431,118 3,978,311 6,223,507 say anything, but the whole board of trade lrnew it this morning and 3 spring______450,911 8,423 7, 950 444,042 911,328 also bad a newspaper man up this afternoon. We held him down and Reject~d______30,348 775 907 134,!71 166,501 there was nothing published to-night. No ~rade ------·--·- 29,553 5,213 4,015 344 , ~.4 383,615 I heard the West Superior board were going to take the matter up, 8 1:14,411 and if proven were going to expel him. ·wm keep you posted if any ~[i{t~~-~~~-:====~=-= --- -i08;880------4;202- ~;tM --i;673~(fdi- 1, 793,544 thing nP.w turns up. 266 505 Yours, truly, H. E. Ellii.ERSON. 1,394:98() El~~~~~===~=== =~:::::::::= ~~~~~~~~~ ::::~::=:::~ --~~~~~- 557,174 Dockages _____ ------____ ------_____ ------____ ., ------·-- 550,4~ Clllli~GJNG OP GBADllS . [Part of Mr. McCuMBE.R"s speech in the Senate, March 30, 1904.. ] Total ______· ~.483,oasj 531,273 1 712,408 26,047,506 30,882,121 In 1!)03 a committee of the North Dakota legislature, in conjunction with a committee f1·om the ·wisconsin legislature, ought by their com bined efforts to find some source of relief. They were forced to fall NoTE.-All the above figures were taken from the official r ecords in back on Federal inspection and grain grading. This committee made a the offices of the assistant r egistrar and State weighmaster of grain thorough investigatiOn of the subject of wbe.at inspection and grading, at Duluth, Minn., excepting the figures showing the amount of wheat and officialy found conditions about. as 1 have mentioned. I quote from . on hand in the private elevators, which figures were obtained from the th€ report of Hon. George l\f. Young, a member of this committee : elevat or companies. " That such abuses exist is a matter of almost universal knowledge 4 Owing to the late spring frosts, the weeds got the start of wheat, STATE OF 'MINNESOTA, C(}'Unty of St. L ouis, ss: resulting in a more than ordinarily foul crop, particularly in the cen Frank R. Crumpton, being first duly sworn, deposes and says as tral and northern sections. The net average dockage was between D follows: . an!l 10 ounces to the bushel in excess of the average ot former years. That he is now, and has been for sixteen years last past, continuously 1SOfJ. CONGRESSIONAL RECORD-SENATE. 7829 a resident of the city of Superior, in the State of Wisconsin, and has ExluBIT B.-Frank R. Cr·umvton's supplen~entaZ state11!ent. been during all of said period engaged in the business of buying and selling grain. · Bushels Bushels That affiant is the same Frank R. Crumpton who was a witness in received. shipped. the case of Gregory, Cook & Co. v. Wisconsin Grain Commission, which was tried before Judge Parish, in Superior, Wis., on or about March 22, 1!)06, in which case affiant gave testimony under oath as to a com 1. Exhibit A shows excess of shipments over receipts putation made by affiant as to the amount of wheat received :md of ___ -- ______----- 26, 01!, 000 shipped by the elevators located upon Duluth-Superior harbor during 2. Exhibit A (1), original statement, contains cler- the ten years from September 1, 1892, to September 1, 1902, and from ical error in addition of ______. ____ ------_------1,000, 000 which computation it appeared that 26,014,000 bushels of wheat had 3. Exhibit A does not ,show stock in store of wheat on been reported ·shipped and manufactured into flour, more than the SeJ?t. 1, 1892, of--· ------_----- ______------·------1, 554,000 _----· ---·-· amount reported as having been received by said elevators during the 4. Exhibit A does not show stock of wheat in store on same period of time. · SeJ?t.1, 1902, of------~~ - ·~G· ·· 368,000 That affiant is the same Frank R. Crumpton who, at the sessions of 5. Exhibit A (1) does not take into account the the Wisconsin legislature in the winter of 1902 and 1903, used said amount of wheat received by mills from Sept. computation in arguments and conversations with members of the 1, 18ll2, to Sept.1, 1895,of______00,686,000 ------··• Wisconsin legislature in support of a bill then pending in said legisla 6. Exhibit A (3) shows the flour production for the ture providing for the establishment of a Wisconsin grain inspection 10 calendar years ending Dec. 31, 1902. Should commission, and that, so far as affiant knows, affiant is the only person be for the 10 crop years ending Sept. 1, 1902, or who has ever made or used or testified to such a shortage of grain, a requction in the production of 201,000 barrels, either before said legislatm·e since the year 1902 or in any pending and using the multiple 4.5equal to ____ ------905,000 case in the State of Wisconsin. 7. Exhibit A does not allow for any dockage or tare That the computation originally made by affiant and used by him on account of dirt, foul seed, etc., on 224,000,000 in testifyin~ in the case aforesaid and with the members of saiq bu~he~ reported received by the State grain legislature 1s correctly shown by the tabulated statement, hereto we1&'hmg department as gross bushels. Fig- attached, marked "Exhibit A," and made a part hereof. urea at an average tare or dockage of 11 pounds That immediately after affiant gave his testimony in said case of per bushel this would amount to ______------4,671,000 Gregory, Cook & Co. v. Wisconsin Grain Commission on March 22, 8. Apparent excess of receipts over shipments of _____ ------1,092,000 1006, affiant's attention was called to certain errors and inaccuracies Explained by the fact that on transfers be in his original computation, and thereupon affiant, before the close of tween elevators of a system weighing in only said case, in open court, called the attention of the presiding judge to has been charged during the last few years, and the fact that in some respects said computation was not correct. thus duplicating the receipts that amount. That since said time affiant bas examined into said matter more carefully and has made use of all available statistics and reports as to Total -----· ------·-··--·· ·------·····------· ···- 33,145,000 33,145,000 the amount of wheat received, shlpped, and made into flour between September 1, 1892, and September 1, 1902, at the port of Duluth I hereby certify that the foregoing statements and affidavit are true Superior, and now knows that the original computation made by affiant, copies of the original on file in the office of secretary Duluth Board of and hereto attached, marked "Exhibit A," was not a true or correct Trade. statement as to the facts in many respects, though at the time that [SEA.L.] H. B. MOORE, Secretary. affiant made said statements affiant believed them to be true. That affiant now knows that in his original computation, marked REPORTS OF COMMITI'EES, "Exhibit A," hereto attached, affiant failed to take into account the following items relating to such receipts and shipments of grain, to Mr. PETTUS, from the Committee on the Judiciary, to whom wit: (1) A clerical error in the original computation increasing the apparent excess of shipments over receipts · by 1,000,000 bushels; (2) was referred the bill (S. 5951) to repeal section S480 of the the stock of wheat in store in elevators on September 1, 1892, amotmt Revised Statutes of the United States, reported it without lng to 1,554,000 bushels; (3) the stock of wheat in store September 1, amendment, and submitted a report thereon. 1002, amounting to 360,000 bushels; (4) the amount of wheat received by elevators on Duluth-Superior harbor, and subsequently shipped out Mr. PATTERSON, from the Committee on Pensions, to whom by said elevators to flour mills located at Duluth and Superior, be was referred the bill (H. R. 717) granting an increase of pen tween September 1, 1892, and September 1, 1895, amounting to sion to Oscar B. Morrison, reported it with an amendment, and 30,686,000 bushels; (5) the amount of correction that should be made in the number of bushels of wheat used in the production of flour in ·submitted a report thereon. said period of time on account of the use in said original statement He also, from the same committee, to whom were referred the " Exhibit A" of calendar years instead of crop years, amounting to following bills, reported them severally without amendment, and 905,000 bushels; (6) the amount of allowance that should be made in said " Exhibit A," but not therein taken into account, for tare on submitted reports thereon: account of dirt, foul seed, etc., on 224,216,000 bushels of wheat re A bill (H. R. 14345) granting an increase of pension to Peter ported as having been received by the Minnesota State Weighing De Noblet; partment o.s gross bushels, amounting to 4,671,000 bushels; (7) the amount of allowance that should be made in said statement for trans A bill (H. R. 10965) granting an increase of pension to Mor fers of grain between elevators of the same system. timer F. Sperry ; That affiant has prepared a statement, which is hereto attached and A bill (H. R. 8903) granting an increase of pension to John marked " Exhibit B," which shows correctly in bushels, no account being made of fractions of a thousand bushels in the final computa W. Dawes; tion, the allowance that should be made in said original statement A bill (H. R. 6510) granting an increase of pension to Richard " Exhibit A"-on account of the various items hereinabove enumerated, A. Roberts; which were not taken into account in said original statement " Ex hibit A," and has tabulated said items in the form of a debit and A bill (H. R. 3369) granting an increase of pension to Albert credit statement for the purpose of striking a balance upon said state Sriver; ment as a supplement to the original statement "Exhibit A," hereto A bill (H. R. 19068) granting an increase of pension to Wil· attached, and for the purpose of explaining the apparent discrepancy of about 26,000,000 bushels shown by said "Exhibit A." liam Adams; That after a careful and painstaking examination, which affiant bas A bill (H. R. 19262) granting an increase of pension to John made of said matter, affiant is now convinced that during the period Wickline ; and from September 1, 1892, to September 1, 1902, there was no excess of shipments of grain from the· elevators at the bead of Lake Superior A bill (H. R. 19305) granting an increase of pension to Almu~ over receipts of grain by said elevators, including stocks in storage at Harrington. the commencement and end of said period, as charged by affiant before 1\-ir. TELLER, from the Committee on Indian Affairs, to whom said legislature and in the testimony in said case of Gregory, Cook & Co. v . Wisconsin Grain Commission and in private conversations and was referred the bill (S. 6214) for the relief of Jarib L. Sander correspondence, and that in all such statements and correspondence son, reported it without amendment, and submitted a report affiant now finds that he was misinformed and makes this affidavit for thereon. the purpose of correcting such misstatements and of showing the true Mr. CLAY, from the Committee on Commerce, reported an facts. amendment proposing to appropriate $200,000 for the con FRANK R. CRUMPTON. Subscribed and sworn to before me this 2Dth day of May, A. D. 1906. struction of a steam revenue cutter to be stationed at Savannah, [SEA.L.] D. W. STOCKING, Ga., intended to be proposed to the sundry civil appropriation Notary Public, St. Lottis County, Minn. bill, and moved that it be printed, and, with the accompanying papers, referred to the Committee on Appropriations; which ExHIEIT A.-Frank R. Crumpton's o1·ig·inal st~tement. was agreed to. Mr. MARTIN, from the Committee on Claims, to whom was Bushels Bushels referred the bill (S. 3020) for the relief of John P. Hunter, received. shipped. reported it without amendment. He also, from the Committee on the District of Columbia, to 1. Receipts as per State grain weighing department's whom was referred the bill (H. R. 17133) to amend section 558 figures from Sept. 1, 189'2, to Sept. 1,1902------463,506,000 ------·· of the Code of Law for the District of Columbia, reported it 2. Shipped a.s per State grain weighing department's figures from Sept. 1, 1892, to Sept. 1, 1002 ____ ------·------395,483, (00 with an amendment, and submitted a report thereon. 3. 20,b'97,070 barrels of flour manufactured from J an. :Mr. LA FOLLETTE, from the Committee on Pensions, to 1, 1!l93, to Jan. 1, 1003, as per figures of the Du luth Board of Trade, reduced to bushels by the whom were referred the following bills, reported them severally multiple of 4.5------94,037,000 witlJout amendment, and submitted reports thereon: 4.. "Shipped and manufactured into flour more than A bill (H. R. 3222) granting an increase of pension to George reported as being received "------26,014,000 ______:Merrill; Total ____ ------______------~_------______489,520,000 489,520,000 A bill (H. R. 6190) granting an increase of pensi.on to John J. Schneller · 7~30 CONGRESSION_AL RECORD-SENATE. A bill (H. R. 6914) granting an increase of pension to John A bill (H. R. 15674) granting an increase of pension to Susan Hecker; Campbell; A bill (H. R. 7589) granting an increase of pension to Robert A bill (H. R. 17901) granting an increase of pension to Doug A. Scott; las A. Hunt; A bill (H. R. 7508) granting an increase of pem;ion to Benja A bill (H. R. 19009) granting an increase of pension to La min :H'. Andrews : fayette H. McClung; and A bill (II. R. 8140) granting a pension to Lucy A. Thomas; A bill (H. R. 19121) granting an increase of pension to Isaac A bill (H. R. 8552) granting an increase of pension to Elisha Overton. G. Borton; · · Mr. KEAN, from the Committee on Claims, to whom was re A bill (H. R. 16857) granting an increase of pension to Jere ferred the bill ( S. 2385) for the payment of Robert D. Benedict miah Y. Antrim ; for services rendered, reported it ,without amendment, and sub A bill (H. R. 16807) granting an increase of pension to Isa mitted a report thereon. bella Ellis ; Mr. NELSON, from the Committee on the Judiciary, to whom A bill (H. R. 13075) granting an increase of pension to Pardon was referred the joint resolution (S. R. 9) to amend the Con B. Lamoreux ; stitution · of the United States to authorize uniform marriage A bill (H. R. 18165) granting an increase of pension to Jacob and divorce laws and the enforcement thereof by adequate pen Stauff; alties, submitted an adverse report thereon; which was agreed A bill (H.-R. 18125) granting an increase of pension to Wil to, and the joint resolution was postponed indefinitely. helm Griese ; Mr. DILLINGHAM, from the Committee on the District of A bill (B. R. 17528) granting an increase of pension to Edgar Columbia, to whom was referred the bill (H. R. 118) to amend Slater; sections 713 and 714 of an act to establish a code of law for A bill (H. R. 1294) granting an increase of pension to George the District of Columbia, approved March 3, 1901, as amended W. Van De Bogert; by the acts approved January 31 and June 30, 1902, and for A bill (H. R. 6900) granting an increase of pension to John other purposes, reported it with amendments, and submitted a Rawling; and report thereon. A bill (H. R. 19217) granting an increase of pension to Wil Mr. HANSBROUGH. I am directed by the Committee on tile liam H. Burns. District of Columbia, to whom was referred the bill ( S. 6338) Mr. BURKETT, from the Committee on Claims, to whom was to amend section 2 of an act entitled "An act to incorporate the referred the bill . ( S. 5787) for the relief of Lurana Harpole, Convention of the Protestant Episcopal Church of the Diocese reported adversely thereon, and the bill was postponed indefi of Washington," to report it without amendment, and I submit nitely. a report thereon. He also, from the Committee on Pensions, to whom were re Mr. RAYNER. I should like to ask for the immediate con ferred the following bills, reported them severally without sideration of the bill. It merely enables the Episcopal Church amendment1 and submitted reports thereon: of the District of Columbia to invest some of their funds in A bill (H. R. 8934) granting an increase of pension to Wesley real estate. A. J. Mavity; The VICE-PRESIDENT. The Senator from Maryland asks A bill (H. R. 1689) granting an increase of pension to William unanimous consent for the present consideration of the bill. A. Bailor ; _ · It will be read for the information of the Senate. A bill (H. R. 3238) granting an increase of pension to Samuel The Secretary read the bill. llnrtley ; l\fr. BAILEY. Mr. President, perhaps I am not sufficiel!tly A bill (H. R. 3724) granting an increase of pension to Samuel familiar with the religious vernacular, but to incorporate a Likens; • "convention " seems to me on its face a rather extraordinm·y A bill (H. R. 4885) granting an increase of pension to James proceeding. I tak\:· it for granted that "convention," as used. Hennon; and in the bill, does not mean a convention in its ordinary sense. A bill (H. R. 4887) granting an increase of pension to John F. I would like to know of the Senator who has charge of the Brown. bill if the convention as described in the bill includes more Mr. SCOTT, from the Committee on Pensions, to whom were than the relations of that church in the District of Columbia. referred the following bills, reported them severally without Mr. HALE. It is evident this bill will give rise. . to discus amendment, and submitted reports thereon: sion, and I must ask that it go to the Calendar. · A bill (H. R. 17673) granting an increase of pension to Jacob The VICE-PRESIDEN'.r. Under objection, the bill will go H. Heck; to the Calendar. A bill (H. R. 17705) granting an increase of pension to John 1\Ir. McCU.i\1BER, from the Committee on Pensions, to whom A. Lovens; were referred the following joint resolution and bills, re _ A bill (H. R. 18109) granting an increase of pension to Abra ported them severally without amendment, and submitted re- ham E. Sheppard; ports thereon : · A bill (II. R. 18324) granting a pension to Charles H. Lunger; A joint resolution (H. J. Res. 158) amending section 2 of A bill (H. R. 18732) granting a pension to James J. Christie; joint resolution approved July 1, 1902, construing the act of A bill (H. R. 18829) granting an increase of pension to Wil- June 27, 1890, and for other purposes; liam Fox; , A bill ( S. 6151) granting an increase of pension to 1\Iark A bill (H. R. 18869) granting an increase of pension to Ellis Ham· L. Ayers; A bill (S. 5637) granting an increase of pension to Margaret A bill (H. R. 18888) granting an increase of pension to Samuel Himmel; Lambert; A bill (H. R. 16836) granting an increase of pension to David A bill (H. R. 18896) granting an increase of pension to Samuel C. Winebrener ; Smith; A bill (H. R. 17102) granting a pension to Katherine Stud A bill (H. R. 1895G) granting an increase of pension to Joseph dert; Scattergood; A bill (H. R. 18235) granting a pension to ·Ida 1\:f. Warner; A bill (H. R. 19010) granting an increase of pension to A bill (H. R. 13DD8) granting an increase of pension to J ohn Charles Edwards, alias St. Clair Acuff; C. Barnwell ; A bill (II. R. 19025) granting an increase of pension to Milton A bill (II. R. 15G76) granting an increase of pensfon to Sam McFarland ; and uel B. Smith ; · A bill (H. R. 193:51) granting an increase of pension to Wil A bill (H. R. 18609) granting an increase of pension to Henry liam C. Mankin. Delong; Mr. SMOOT, from the Committee on Pensions, to whom were A bill (II. R. 18725) granting a pension to Nancy V. J. Fer referred the following bills, reported them severally without rell; amendment, and submitted reports thereon: A bill (H. R. 18833) granting an increase of pension tb Henry A bill (H. R. 13058) granting an increase of pension to Horton; Tllomas J. Baum; A bill (H. R. 1887G) granting an increase of pension to Lem A bill (H. R. 13631) granting an increase of pension to James uel Hand; H. Morrill ; _ A. bill (H. R. 19120) granting a pension to Eliza E. Whitley; A bill (H. R. 14558) granting an increase of pension to Martha A bill (H. R. 19128) granting a pension to 1\.Iexnnder l\IcAI L. Wood; ister; A bill (H. R. 15653) granting an increase of pension to Eliza A bill (H. R. 19220) granting an increase of pension to Cal J .. Hudson; vin Corsine ; 1906. CONGRESSIONAL R.EOORD-SENATE. 7831 A bill (H. R. 19272) granting an increase of pension to Alice A bill (H. R. 651) granting an increase of pension to Robert Mot-rill ; and Brandau, alias Brandon; A biH (H. R. 19408) granting an increase of pension to A bill (H. R. 4397) granting an ·ncrease of pension to J ohn :M. Elisha Brown. Byers; Mr. McCUMBER, from the Committee on Pensions, to whom A bill (H. R. 6336) granting a pension to Elizabeth A. A.mes ; were referred the following bills, reported them severally with A bill (H. R. 6421) granting an increase of pension to Reuben amendments, and submitted reports thereon: Van Buskirk ; A bill ( S. 6205) granting a pension to Hansford G. Gilkeson ; A bill (H. R. 6423) granting an increase of pension to Levi A. A bill (S. 6197) granting an increase of pension to Charles Canfield; . E. Henry ; and A bill (H. R. 13466) granting an increase of pension to Albert A bill ( S. 4991) granting a pension to Lycurgus D. Riggs. II. Bradish ; and Mr. McCUMBER, from the Committee on Pensions, to whom A bill (H. R. 13652) granting an increase of pension to Wil~ were referred the following bills, reported them each with an liam 0. Tobey. amendment, and submitted reports thereon : l\fr. OVERMAN, from the Committee on Pensions, to whom A bill (S. 2225) granting an increase of pension to Samuel were referred the following bills, reported them severally with White; out amendment, and submitted reports thereon : A bill (S. 5710) granting an increase of pension to Samuel A bill (H. R. 18360) granting an increase of pension to M. Daughenbaugh; · , Fanny G. Pomeroy; A bUl ( S. 6283) granting an increase of pension to Clara A. AJ>ill (H. R. 7763) granting a pension to James S. King; R. Devereux ; A bill ( S. 8920) granting an increase of pension to Andrew J. A bill (S. 6228) granting a pension to Betsey Hattery; Lane; A bill (S. 2880) granting an increase of pension to James C. A bill (H. R. 18631) granting an increase of pension to Coad; · Daniel Wbalen ; A bill ( S. 5994) granting an increase of pension to John A bill (H. R. 10356) granting an increase of pension to Mar~ Dickey; and tin B. Doty; A bill (S. 5081) granting a pension to Lucy Florette Nichols. A bill (H. R. 10902) granting an increase of pension to James Mr. CLARK of Wyoming, from the Committee on the Judi Holderby; ciary, reported an amendment relative to the appointment of a A bill (H. R. 13949) granting an increase of pension to Mary special master to take testimony in the case of The United A. Duryea; States v. George Edward Adams, and so forth, intended to be A bill (H. R. 14323) granting an increase of pension to proposed to the sundry civil appropriation bill, and moved that Thomas Thornton ; and it be printed, and, with the accompanying paper, 1·eferred to A bill (II. R. 14798) granting a pension to Lucinda Brady. the Committee on Appropriations; which was agreed to. Mr. CLAPP,_ from the- Committee on Claims, to whom was Mr. BURNHAM, from the Committee on Territories, to whom referred the amendment submitted by Mr. NELSON on February, was referred the bill ( S. 6358) to aid in .the construction of 6, 1906, relative to the claim of the State of Minnesota for in a railroad and telegraph and telephone line in the distt·ict of terest paid.. on $100,000 of bonds issued by said State in 1862, Alaska, reported it without amendment etc., intended to be proposed to the general deficiency bill, sub He al o, from the Committee on Pensions, to whom was re mitted a favorable report thereon, and moved that it be referred ferred the bill (H. R. 19364) granting an increase of pension to the Committee on Appropriations, and printed; which was to Anna Ring, reported it with an amendment, and submitted agreed to. a report thereon. POLLARD & W ALLA.CE. He also, from the same committee, to whom were referred Mr. FULTON. I am directed by the Committee on Claim , the following bills, reported them severally without amendment, to whom was referred the bill (S. 6299) for the relief of Pol and submitted reports thereon: lard & Wallace, to report it favorably without amendment. A bill (H. R. 18523) granting an increase of pension to Hugh l\Ir. GULLOM. I should like very much to have the bill con Reid; . . sidered at this time. It is a brief bill. A bill (H. R. 1326) granting an increase of pension to Ora P. The Secretary read the bill ; and there being no objection, H owland; · the Senate, as in Committee of the Whole, proceeded to its con A bill (H. R. 2053) granting an increase of pension to Annie sideration. It proposes to pay to the firm of Pollard & Wal A. Townsend ; lace, of Champaign, Ill., $6,000, being the value of the plant A bill (H. R. 2759) granting an increase of pension to Daniel lea. ed by them to the Government and used by the War De Eaton; partment in the construction of a lock and dam and construc A bill (H. R. 4647) granting an increase of pen3ion to David tion work in the Osage River, near Osage City, Mo., and still C. Austin; retained by the War Department for use in conjunction .wiPI A bill (H. R. 6893) granting a pension to Augusta C. Reich the work on the dam, but rendered useless to Pollard~ Wallace burg; by reason of the failure of the War Department to complete A bill (H. R. 8291) granting an increase of pension to Daniel the work by lack of proper appropriation therefor. S. Chase; The bill was reported to the Senate without amendment, or~ A bill (H. R. 10280) granting an increase of pension to James dered to be engrossed for a third reading, read the third time, Spencer; and passed. A bill (H. R. 10282) granting an increase of pension to Emma AMENDMENT OF COPYRIGHT ACTS. E. Goodwin; A bill (H. R. 11100) granting'an increase of pension to John Mr. KEAN, from the Committee to Audit and Control the Browne; Contingent Expenses of the Senate, to whom was referred the resolution submitted by l\fr. KITTREDGE on the 2d instant, re~ A bill (H. R. 11422) granting an increase of pen:;ion to George B. True; ported it ·without amendment, and it was considered by unani: A bill (H. R. 13609) granting an increase of pension to Charles mous consant. and agreed to, as follows : H . Guile; Resolved, That the Committee on Patents, or any subcommittee thereof, be, and are hereby, aut~or ized and directed to investigate, in A bill (H. R. 17809) granting a pension to William Barrett ; conjunction with the Committee on Patents of the House of Repre· A bill (H. R. 18384) ·granting an increase of pen."ion to James sentatives, all matters pertaining to the copyright laws, to send for F. Young; persons and papers, and to administer oath , and to employ a stenog· r apber to report such hearings ; and that the committee be authorized A bill (H. R. 19179) granting an increase of pension to Eliza to· sit during the sessions or recess of the Senate, and to have such A. Smith; hearings printed, and that all expenses of the investigation be paid A bill (H. R. 19238) granting an increase of pension to Daniel out of the contingent fund of the Senate. . S. Conover; BILLS I ~TRODUCED. A b111 (H. R. 19249) granting an increase of pension to Lo 1\fr. SPOONER introduced a bill (S. 6362) to approve, ratify, renzo W. Shedd; and confirm tariff duties levied and collected at a ll ports and A bill (H. R. 19301) granting an increase of peru;ion to Caro places in the Philippine Islands between July 12, 1898, and line L. Hodgdon ; and :March 8, 1902, and for other purposes; which was read twice A bill (H. R. 19457) granting an increase of pension to Charles by its title. H. Prince. l\Ir. SPOONER. Ordinarily the bill should go to the Commit Mr. PILES, from the Committee on Pensions, to whom were tee on the Philippines; but it involves a question of law, and I · referred the following bills, reported them severally without think it should go to the Committee -on the Judiciary. amendment, and submitted reports thereon .~ Mr. LODGE. The bill strictly should go to the Committee on ·- 7832 CONGRESSIONAL RECORD-SENATE. JUNE 5, the Philippines. It relates to a question which bas· grown out commission indicated a desire to have an investigation of the of the bill reported from that committee; but it involves matter. For that purpose, I introduce the joint resolution wholly a legal question, and t think it will expedite the legisla which I send to the desk, and I ask that it may be printed in the. tion to send it to the Committee on the Judiciary. RECORD and referred to the Committee on Agriculture and For The VICE-PRESIDENT. The bill will be referred to the estry. Committee on the Judiciary. Mr. NELSON. I should like to have the joint resolution read Mr. SPOONER introduced the following bills; which were at length. severally read twice by their titles, and referred to the Commit The joint resolution ( S. R. 64) directing the Secretary of tee on tile Judiciary : Commerce and Labor to investigate the matter of grain weigh A bill ( S. 6363) to provide for the purchase and distribution ing, inspecting, grading, dockage, and mixing of grain at certain of a digest of reports of the Supreme Court of the United cities, and for other purposes, was read tbe first time by its title States; and and the second time at length, as follows: A bill ( S. 6364) to incorporate the National Cllild Labor Com Be it resolved, etc., That the Secretary of Commerce and Labor be mittee. and h~ is hereby, authorized and lnstl.'ncted to examine into and fully Mr. SPOONER introduced a bill (S. 6365) granting a pension inv~stlgate ~e matter of weighing, inspecting, grading, dockage, and mlxmg of wneat! flax, barley, o~ts, corn, rye, and other cereals, and to Edward S. Bragg; which was read twice by its title, and re all matters pert:ll}ling to t~e buym~, selling, handling, and exporting of ferred to the Committee on Pensions. same at the cities of Mrnneapohs, Duluth, Superior, Buffalo, New l\fr. CULLOM introduced a bill ( S. 6366) granting an inGrease York, B;D<;l such other places as ma;r be necessary, for the purpose of ascerta.mrng what, if any, Irregularities, injustices, or defects exist or of pension to James A. Viall; which· was read twice by its title, result, or have heretofore existed or resulted, to the producer of such and referred to the Committee on Pensions. cereals or other persons dealing in the same, from the system employed l\lr. CULBERSON introduced a bill ( S. 6367) granting an in at such places, in such weighing, inspecting, grading, dockage, or mix ing, or a!ly other mat~er pertaining to the buying, selling, hn.ndling, crease of pension to Joseph Johnston; which was read twice by transportmg, or exportmg f:lUCh cereals ; also the efl'ect of such system its title, and, with the accompanying papers, referred to the upon our commerce in grains, both domestic and foreign, and report the result of such investigation, together with recommendations, to Con Committee on Pensions. gress on or before December 15, 1906. Such investigation shall cover Mr. TALIAFERRO introduced a bill (S. 6368) granting an tttn~rlod of at least ten years :previous to the enactment of this resolu- increase of pension to Sherrad Hamilton; which was read twice by its title, and,· with the accompanying papers, referred to the The VICE-PRESIDENT. The joint resolution will be re Committee on Pensions. ferred to the Committee on Agriculture and Forestry. l\Ir. KNOX introduced a bill (S. 6369) granting an increase of AMENDMENTS TO APPROPRIATION BILLS. pension to Cornelius D. McCombs; wllich was read twice by its title, and, witll the accompanying paper, referred to the Com l\fr. ELKINS submitted an amendment proposing to appro mittee on Pensions. priate $100,000 for the purchase of a site and the erection of a Mr. MONEY introduced a bill (S. 6370) for the relief of building thereon in the District of Columbia, to be used by James H. Shannon; which was read twice by its title, and re the Forest Service of the Department of Agriculture as a · ferred to the Committee on Military Affairs. laboratory for experiments in the seasoning and preservative l\Ir. CLAY introduced a bill (S. 6371) for the relief of tbe treatment ~f construction and other timbers, etc., intended to legal representatives of Benjamin Hamilton, deceased; which be proposed by him to the sundry civil appropriation bill; which was read twice by its title, and referred to the Committee on was referred to the Committee on Agriculture and Forestry, and Claims. ordered to be printed. · · · Mr. DILLINGHAM (for 1\fr. PROCTOR) introduced a bill 1\Ir. TELLER submitted an amendment proposing to appro ( S. 6372) granting an increase of pension to Marvin Osgood ; priate $2,400 to enable the Secretary of the Treasury to pay which was read twice by its title, and, with the accompanying Joseph Williams for stores and supplies furnished to the United paper, refer:;::ed to the Committee on Pensions. States military at Fredericksburg, Va., etc., intended to be pro Mr. BACON introduced a bill ( S. 6373) for the relief of the posed by him to the general deficiency appropriation bill; which Methodist Episcopal Church South, of Ringgold, Ga.; which was was ordere_d to be printed, and, with the accompanying paper, read twice by its title, and, with the accompanying paper, re referred to the Committee on Appropriations. fei-red to the Committee on Claims. 1\fr. TELLER submitted an amendment proposing to appro l\fr. FULTON introduced a bill ( S. 6374) granting an increase priate $2,000 to pay Henry W. Lee, out of the funds of the of pen ion to Collins Van Cleve· which was read twice by its Winnebago Indians of Wisconsin, the amount found due him title, and referred to the Committee on Pensions. by the Court of Claims for services rendered these Indians l\fr. SUTHERLAND introduced a bill ( S. 6375) granting etc., intended to be proposed by him to the general deficiency lands in the former Uintah Indian Reservation to the corpora appropriation bill; which was ordered to be printed, anu, with tion of the Episcopal Church in Utah; which was -read twice by the accompanying paper, referred to the Committee on Appro its title, and referred to the Committee on Indian Affairs. priations. Mr. CRANE submitted an amendment proposing to appro l\Ir. GALLINGER introduced ~ bill (S. 6376) providing for the temporary maintenance of the Long Bridge over the Poto priate $175,000 for the construction of an able seagoing tug mac River, and for other purposes, which was read twice by for the Revenue-Cutter Service, at New. Betlford, l\Iass., in its title, and, with the accompanying paper, referred to the tended to be proposed by him to the sundry civil appropriation bill; which was ordered to be printed, and, with the accom Committee on the Di trict of Columbia. panying paper, referred to the Committee on Appropriations. l\Ir. ELKINS inh·oduced a bill ( S. 6377) granting an incre~se of pension to Samuel S. Price; which was read twice by its title, ELEVATOR, GRAIN DUYING, AND FORW .A.RDING BUSI ESS. and referred to the Committee on Pensions. l\Ir. LA FOLLETTE. I submit a concurrent resolution, Mr. HOPKINS introduced a bill (S. 6378) granting an in which I ask may be read. ' crease of pension to Thomas J . Brown; which was read twice The VICE-PRESIDENT. The concurrent resolution submit by its title, and referred to the Committee on Pensions. ted by the Senator from Wisconsin will be read. Mr. WARNER inh·oduced a bill ( S. 6379) for the relief of 'l'he Secretary read the concurrent resolution, as follows : George Schlindwein; which was read twice by its title, and, Whereas certain corporations and individuals engaged in the buying with the accompanying papers, referred to the Committee on storing, forwarding, and selling of grain receive from the railroad companies over the lines of which they operate special privileges in Military Affairs. the form of rebates, discrimination in the matter of furnishing cars, ·Mr. LODGE introduced a bill (S. 6380 ) granting a pension to side track and elevator privileges ; and · Josiah B. Kinsman; which was read twice by its title, and, .witll Whereas it appears that the directors of some of the grain-carrying roads are also heavily interested in the elevator companies which enjoy the accompanying paper, referred to the Committee on Pensions. these special privileges ; and l\lr. WETl\lORE introduced a bill ( S. 6381) granting an in Whereas the granting of these specinl privileges bas resulted in ·a crease of pension to John McDonough; which was read twice by monopolization of this business and in forcing independent dealers out of business, and in forcing the farmers to sell grain at less than a fair its title, and referred to the Committee on Pensions. price : Therefore, be it Resolved by the Senate (the House of Representatives concurring) , WEIGHING, INSPECTION, ETC., OF G.RAIN. That the President request the Interstate Commerce Commission to make a thorough investigation of the elevator and grain buying and l\lr. l\IcCUMBER. 1\Ir. President, there were some remarks forwarding business of this country, to determine to what extent these made -a few days ago, when tbe agricultural appropriation bill special favors have been granted, the influence which the monopolizing was before the Senate, concerning the method of llandling, deal of this branch of business has had upon the market, the injury it has worked to the grain producers, the extent to which the railroads, ing with, inspecting, and grading of grain at the terminals of their officers, directors, stockholders, and employees own or control the Duluth, Superior, and Minneapolis. Some exception was taken grain buying and gmin forwarding companies, and the manner in by the Minnesota grain and warehouse commission, as I be which these railroads, their officers, directors, stockholders, and em ployees secured their holdings in these grain buying. storing, and lieve it is called, to the ·deductions wllich were made from my forwarding compnnies, and to report the same to the Congress at its remm:ks and also from the opinion of Judge Sanborn, and that next session ; and, be it further 1906. CONGRESSIONAL RECORD-SENATE.· 7.833 Resoit·cd That for the purpose of conducting this investigation, H. R. 17335. An act creating a United States district court for the -Interstate Commerce Commiss ion is ~mpowered to summon wit China and prescribing the jurisdiction thereof; was read twice nesses, ndmlnister oaths, and compel the production of all books, papers, contracts, and such other documents or memoranda which it by its title, and referred to the Committee on l!,oreign Relations. deems nccessnry to the making of a full and complete investigation. H. R. 17983. An act providing .for the erection of a monument There is hereby appropriated the sum of $25,000, or so much thereof on Kings Mountain battle ground commemorative of .the great as may be necessary, to defray the expense of such investigation. victory gained there during the war of the American Revolution Mr. LA FOLLETTE. I ask to have the resolution lie upon on October 7, 1780, by the American forces; was read twice by the table, and I gi>e notice that at the earliest possible time I its title, and referred to the Committee on the Library. shall call it up, at which time I shall submit some remarks H. R. 19681. An act to survey and allot the lands embraced upon it and some communications which I have received with within the limits of the Blackfeet Indian Res.ervation, in the respect to the subject. State of Montana, and to open the surplus lands to settlement; 'l'he VICE-PRESIDENT. The concurrent resolution will be '.Yas read twice by its title, and referred to the Committee on printe(l and lie upon the table. Indian Affairs. D. RODNEY BROWNE. AGRICULTURAL LANDS IN FOREST RESERVES. On motion of 1\Ir. FLINT, it was · Ordered, That on the application of D. Rodney Browne he is author Mr. CARTER submitted the following report: ized te withdraw !rom the files of the Senate all papers accompanying Senate blll No. 5131, I<'ifty-eighth Congress, second session, entitled The committee of conference on the disagreeing votes of the "A bill ~~-ranting an increase of pension to D. Rodney Browne," there having teen no adverse report thereon. two Houses on the amendments of the Senate to the bill (II. R. THOMAS GARBETT. 17576) to provide for the entry of agricultural lands within forest reserves, having met, after full and free conference. have On motion of 1\Ir. McCUMBER, it was agreed to recommend and do recommend to their respective Ordered, That the House of Representatives be requested to return to Houses as follows : the Senate the bill (H. R. 18236) granting an increase of pension to Thomas Garrett, the beneficiary named in the bill having died. That the Senate recede from its amendment with an amend ment as follows, so as to read in lieu of the Senate amendment PILGRIMS' MONUMENT AT PROVINCETOWN, MASS. and in lieu of the word!:; stricken out, " except the follo"wiug The VICE-PRESIDENT laid before the Senate the amend counties in the State of California: Inyo, Tulare, Kern, San ments of the House of Representatives to the bill (S. 4370) to Luis Obispo, Santa Barbara, Ventura, Los Angeles, San Ber appropriate the sum of $40,000 as a part contribution toward the nardino, Orange, Riverside, and San Diego; " and the House erection of a monument at Provincetown, Mass., in commemora agree to the same. tion of the landing of the Pilgrims and the signing of the May THOS. H . CARTER, flower compact, which were, on page 1, line 5, to strike out FRANK P . FLINT, " as a part contribution toward the erection of " and insert " to FRED 1.'. DUBOIS, · aid in erecting; " on page 2, line 8, after "Association," to insert: Manage-rs on. the part of the Senate. And provided further, That the responsibility for the care and keep JOHN F. LACEY, ing of said monument shall be and remain with the Cape Cod Pilgrims' Memorial Association, it being expressly_ understood that the United S. C. SMITH, States shall have no responsibility therefor. JOHN L. BURNETT, .Mr . LODGE. I move that the Senate concur in the amend M anauers on the part of the House• ments of the House of Representatives. The motion was agreed to. The report was agreed to. PRINCETON BATTLE MONUMENT. STATEHOOD BILL. The VICE-PRESIDENT laid before the Senate the amend Mr. DILLINGHAM. Mr. President, at the request of the ment of the House of Representatives to the bill (S. 333) in Senator from Indiana [Mr. BEVERIDGE], who is detained from regard to a monumental column to commemorate the battle of the Chamber this morning by illness, I ask that the statehood Princeton and appropriating $30,000 therefor, which was, in bill, so called, may be printed showing the changes made by line 15, after " war," to insert: the conference committee, and I ask that the report may be also And provided further, That the responsibility for the care and keep printed as a Senate document, the present supply having in~ of said monument and grounds shall be and remain with the Prmceton Battle Monument Association, it being expressly understood been exhausted. that the United States shall have no responsibility therefor. Mr. FORAKER. .Mr. President, I should like to make an in Mr. KEAN. I move that the Senate concur in the amendment quiry of the Senator from Vermont as to when it will suit the of the House of Representatives. convenience of the Senators having the conference report on the The motion was agreed to. statehood bill in charge to call it up for consideration? WEIGHING OF THE MAILS. Mr. HALE. Mr. President, my attention was diverted for a moment, and I did not hear the Senator's inquiry. The VICE-PRESIDENT laid before the Senate the amend Mr. FORAKER. The Senator from Vermont [Mr. DILLING ment of the House of Representatives to the joint resolution HAM] made a request in connection with the printing of the ( S. R. 54) authorizing a change in the weighing of the mails conference report on the statehood bill. I simply inquired when in the fourth section, which was, in line 4, to strike out all after it would suit the convenience o.f those having the statehood bill " six " down to and including " six," in line 8, and to insert in charge to call it up for consideration. " the Postmaster-General is hereby authorized and directed to Mr. HALE. The Senator was not asking me? use the average daily weight of mails ascertained during the Mr. FORAKER. No; I was asking the Senator from Ver successi>e working days from February 20 to April 17, 1906, mont [Mr. DILLINGHAM]. both inclusive." Mr. DILLINGHAM. I suppose the report can be taken up at Mr. DOLLIVER. I move that the Senate concur in the any time, but, of course, I would prefer that it should not be amendment made by the House of Reprrsentatives. taken up until the chairman of the committee, the Senator from The motion was agreed to. Indiana [Mr. BEYEUIDGE], who bas the matter more especially in HOUSE BILLS REFERRED. charge, can be present. He was con,fined to his room yesterday, The following bills and joint resolutions were severally read and informed me tllis morning that be was unable to go out. twice by their titles, and referred to the Committee on Com I do not understand that his illness is at all serious, and I ex merce: pect him here at almost any time. ·H. R. 8-128. An act to regulate the construction of dams across Mr. FORAKER. I will say to the Senator from Vermont that navigable waters; there are some Senators who want to be present when that mat H . R. 10715. An act to establish an additional collection dis ter is disposed of who desire to leave the city for a day or two, trict in the State of Texas, and for other purposes ; and I should like to ba>e it disposed of at the earliest date. H. R. 18024. An act for the control · and "regulation of the While I do not want to be unreasonable, I sb~ll feel it my duty waters of Niagara RiYer, for the preservation of Niagara Falls, not to allow the conference report to lie indefinitely on the table. and for other purposes ; 1\lr. DILLINGHAM. I do not believe there is any disposition H. J. Res.162. Joint resolution authorizing the construction to delay the rna tter. and maintenance of wharves, piers, and other structures in Mr. FORAKER. No, I am sure there is not; but I want to Lake Michigan, adjoining certain lands in Lake County, Ind.; say to the Senator that it will be very inconvenient to some, of and us if we can not have the report taken up and disposed ot at H. J. Res. 166. Joint resolution providing for payment for an early day. dredging tile channe l and anchorage basin between Ship Island Mr. SPOONER. And the Senator from Ohio might add .. cr Harb The VICE-PRESIDE1~ T. The Senator from Vermont asks Mr. HALE. I hav-e no more interest in getting the buc::i npc;: s that the statehood bill may be printed with the amendments of the Senate done than any other Senator here. ii said this agreed to by the conference committee indicated in the bill, and morning that I thought it was good busiu~ss to. take up the that the rep0rt also be .printed. In the ab ence of objection, appropriation bills and pac::s them. The con ideration of the that order• will be made. conference report can be proceeded with at any time. If the REGULATION OF RAILROAD RATES. · Senate wants to take it up tllis morning, I will withdraw my Mr. HALE. Mr. Pre. ident-- motion, and the Senator can move to proceed to the considera tion of it. The VICE-PRESIDENT. .A:r~ there further bills or joint re olutions? l\1r. TILLMAN. That is all I ask. If the ~enate prefers to 1\lr. TILLMAN. 1\Ir. President-- t ake up the naval appropriation bill, I certainly shall consent, The VICE-PRESIDENT. 'l'be Senator from 1\laine. and have no objection at all. 1\Ir. HALE. I move tlmt the Senate proceed to the considera Ur. LODGE. 1\fr. President-- tion of the naval appropriation bill. 1\fr. TILLMAN. Let me make the motion, and then-- The VICE-PRE ... IDENT. The morning bu iness is not yet 1\Ir. LODGE. The motion is not debatable. closed. Does the Senator from Maine insist upon his motion? 1.\Ir. _TILLMAN. There is a way to- get the repo-rt back to Mr. HALE. I think, 1\lr. President, it is important that the the conferees. I would have asked to withdraw it but for the naval appropriation bill should be considered, and practically fact that the conferees can not get the report back except by all the morning busine s bas been di posed of-- unanimou ~ con. ent. I move that the Senate proceed to the 1\Ir. TILLMAN. l\Ir. President, I have tbe floor. I yielded con ideration of the conference report on tbe bill (H. R. 12987) to the Senator from :Maine, and the Chair had not announced to amend an act entitled "An act to regulate commerce," ap that the morning business was ended. I am very anxious to proved February 4, 1887, and all acts amendatory thereof, and get the conference report on the rate bill in such shape that the to enlarge the power ~ of the Inter tate Commerce Commi sion. conferees can go to work on. it again. I do not think it will The VICE-PRESIDENT. The Senator from South Carolina lead to any discussion; at lea t I hope it will not; and if the moves that the Senate proceed to the consideration of the con Senator from Maine will kindly give way, or consent that this ference report on the bill which will be stated by title. matter shall be first taken up, I will be obliged to him. He The SECRETARY. A bill (H. R. 12987) to amend an act en gave notice that he wanted to get the naval appropriation bill titled "An act to re::mlate commerce," approved February 4, up after the morning hour, and it is nearly three-quarters of an 1887, and all acts amendatory thereof, and to enlarge the powers hour yet before 2 o'clock. of the Interstate Commerce Commission. Mr. ELKINS (to Mr. HALE). I hope the Senator from Maine The motion was agreed to. .will yield to the Senator from South Carolina. PROPOSED ISLE OF PINES INVESTIGATION. Mr. HALE. Well, Mr. President, I do not think that I am as uming too much when I say that the Senate evidently in Mr. MORGAN. I ask that Senate resolution No. 103 may go _tends to send that report back to the conference committee. over until to-morrow, with the privileges that now belong to it. Mr. TILLMAN. We expect that, Mr. President The VICE-PRESIDENT. Without objection, it is so ordered. Mr. HALE. I think the Senator expects that He has been REGULATION OF RAILROAD RATES. here long and discerns the signs of the times. Now, I have no objection, if it can be understood by the Senate that when the The Senate resumed the consideration of the conference re report is sent back to the conference committee it shall be dis port on the bill (H. R. 12987) to amend an act entitled "An act possessed of all items that invofve new legi lation, unconsidered to regulate commerce," approved February 4, 1887, and all acts and not adopted by either House-that is, that all new matter amendatory thereof, and to enlarge the powers of the Interstate shall be struck from the bill-- Oommerce Commission. 1\lr. TILLJ'.IA....~. Will the Senator yield to me for a moment? 1\lr. TILLMAN. I think it is due the conferees and due the Mr. HALE. Let me complete my remarks. Senate that the conferees should make an explanation. 1\Ir. TILLMAN. I was going to ask the Senator is he not as 1\lr. HALE. If I had known that this matter was to be de suming a good deal, if he will permit me to say so, when be bated, I would not have withdrawn my motion. undertakes to indicate the line of work that the conferees shall l\lr. TILLMAN. It will not take three minutes. follow, when it is contrary to' the rules for the Senate to in 1\lr. FORAKER. It will take three minute , and more than struct conferees? I think the conferees can be trusted to ex that. I want to make some remarks on this report before it is amine for themselves what are the rights of the Senate, as di posed of. I think we ought to express our elves as to some well as what are their powers and duties, and that they can of the changes made in the report, in order that the conferees also be trusted to perform those in good faith ; and I object, may have the benefit of our views. and shall continue to object, to have the Senator from l\laine l\Ir. HALE. I wish to make a motion, l\Ir. President. undertake to indicate what be feels and intends that we shall The VI E-PRESIDE .... T. Doe the Senator from South Caro- do. I want the Senate to say that. lina yield to the Senator from Maine? l\fr. HALE. I have not indicated a single proposition which l\Ir. TILL~lAN. I do. the committee of conference has injected into this report. The 1\Ir. LODGE. Mr. President-- Senate, I say again, very evidently means that the r eport shall Mr. HALE. I move that the Senate proceed to the considera go back. Now, it can go back after·spending a day here in debating tion of-- and delaying appropriation bills. I do not pretend to say what 1\fr, TILLMAN. 1\fr. President, I am in possession of the the amendments are; the conferees know well enough what floor. they have put in that is new matter. If the time of the taking The VICE-PRESIDENT. The Chair asked the Senator from effect of the legislation should not be for sixty days, in order . South Carolina if he would yield to the Senator from 1\faine, that the machinery might be set going, that can be effected by and be yielded. • a joint re olution providing for it that will go through the Senate Mr. TILLM.A.l~. Not for the purpose of making a motion. and the House in three minutes. It is not necessary for the 1\lr. HALE. I can move at any time that the Senate proceed conferees to assume to put such a provision into the bill. Time to the consideration of a bill. Evidently this matter is going and again since I have been a member of the Senate a measure to lead to debate, and I object to that. has been put into operation or postponed by a joint resolution. l\!r. BAILEY. The Senator from 1\faine, as he says, can Now, what I want is to do business. It is my desire that m_ake a motion to take up a bill, provided be bas the floor. But the Senate shall proceed to the consideration of the appropria he can not take a Senator off the floor when he is in charge of a tion bill, but if the Senator gets up his conference report it bill. may give rise to discussion here which will occupy the wnole 1\fr. LODGE. Mr. President-- day. . The VICE-PRESIDE~ JT. Does the Senator from South Caro- . 1\Ir. TILLMAN. It has to be discussed some day, and I do lina yield to the Sepator from 1\Ias achusetts? · not see the difference between discussing it to-day and to 1\Ir. TILLMAN. I should like to make my explanation first morrow. The conference report may give rise to debate, but I However, I yield to the Senator from Massachusetts. do not think the Senator from Maine is justified in assuming that l\Ir. LODGE. The . idea that we can .discuss and di pose of the Senate is going to do one thing or the other, and to instruct this matter in three minutes bad better be given up. Tllere is the conferees-- a mass of new matter in the conference report to which atten Mr. HALE. I do not propose to instruct the conferees. tion has been called. Mr. TILLMAN. -r contend that I have the floor, and I am Mr. HALE. I simply wish to give notice that when the Sena appealing to the Senate to take up the report. If the Senate tor from South Carolina bas finished his remarks, if the Chair wants to take up the naval bill, I will bow, of course, to·the will will recognize me, I will move to proceed to the consideration of of the Senate. the naval bill. 1906.' CONGRESSIONAL RECORD-SENATE. 783fi Mr. TILLMAN. I hope the Senator will not do that, and that everybody labored earnestly to get the best possible bill out of we may proceed with the report until 2 o'clock. the conflicting opinions of the two Houses. But, anyhow, the Mr. HALE. I expected to get the bill up an hour ago. House requested and urged the Senate conferees to reinsert the 1\fr. TILLMAN. I want to make an explanation, and then the section. Taking into consideTation the fact that the change in- Senate will do as it pleases, of course. volved in this law will vastly increase the work of the Commis- 1\fr. President, as a Senator who has been burned, so to speak, sion and that the dignity and power of the Commissioners are by the action of conferees exceeding their powers and authority, recognized by an increase of salary, the Senate conferees felt mention of which has been made several times by me in this that the responsibility of this additional labor at least war body, I would be the last man to go beyond the rule that I have ranted an increase in salary in this direction. Appreciating the sought to ha-ve others obey-not to inject new matter or to ex- fact that the secretary would be the responsible officer neces ceed the powers of a conference committee. The words which sarily charged with a great many duties that the Commissioners have been put into this bill by the conference committee which would not be able to see after, we felt that if $10,000 was a are new, and in inserting which we knew we exceeded our proper salary for a Commissioner, it was almost necessary that authority and for which we expect to take the responsibility, are there should be an increase in the salary of the secretary. few, and as to them we thTow oursel-ves on the good nature and 1\Ir. HALE. Will the Senator allow me? / mercy of the Senate. In our desire to make the bill workable, Mr. TILLMAN. Let me get through. and in order to make it clearly understood and to make it a I will say right now that while I have noted that a good deal matter that would not be subject to litigation, we did undertake of the "personal equation enters into this question, and that to put in, in three or four places, words where we had no there is some opposition, my view of a legislator's duty is not authority to put them in. that he is to consider men, but measures, and to make a sym- If Senators will kindly follow me, each Senator can learn metrical and workable and properly adjusted law, and there what we have doJle and what we had no rightful power to do. fore we felt that we had the right to insert this clause. There On the top of page 12 of the last print-June 2-the words fore the Senate conferees agreed to the suggestion for an in " transportation or facilities" were inserted after the word crease in the salary of the secretary, and for the appointment "traffic" at the end of the preceding line. It is not necessary of an assistant secretary. to state the reason why those words were put in, but it seemed 1\Ir. HALE. I think there is where the conference committee to us that it was necessary to clarify the matter with respect has gone beyond its power. When you come to the Commission to contracts, agreements, or arrangements which are to be filed ers, the matter was fairly in issue between the two Houses on with the Commission. If the point of order is made against the compensation of the Commissioners and the additional num tl1ose wo1;ds in the· Senate, or whether or not it is, I think the ber. The House put in two more Commissioners and increased conferees will take th(:'m out. I for one will vote to take them the salary. The Senate struck it out, and left only five Com out. We had no rigllt to put them in. missioners at the old salary. But as to the secretary, neither Page 21, line 9: The words " or transportation" are in- House had increased the salary. The Senate declined to in serted where \Ye had no authority or right to put them in. crease it. The reason why we put those words in will be found in line Mr. TILLMAN. The Senate also declined to increase the 17, where we inserted the words "rates or." This was all number or the compensation of the Commissioners. one sentence, and it related to a general and specific subject, 1\fr. HALE. Then the committee has created a new office and the word "rates" being in the first place and the word absolutely. The Senator of course understands- "transportation" being in the second place, the conferees 1\fr. TILLMAN. I want to call the Senator's attention and thought it best to make it uniform, so that the two allusions the attention of other Senators to the fact that the rules as to should be to the same subject. As I said a while ago, know- conference reports, as I have studied them-and I have done a ing we bad no right to put them in, but endeavoring to make little of it-ate very lax. the bill workable, we put them in, and we take the responsi- Mr. HALE. They ought not to be. bility. There can be no pretense of any deception, and if the Mr. TILLMAN. I do not know what the other conferees will Senate wants to take them out, I shall be glad to have them do. I know what I shall do in regard to this proposition. taken out. · That leaves only one question in which we clearly exceeded That makes three words that have gone in. On page 40--- our power. That was on page 41, section 11, No. 51, where 1\fr. BACON. Will the Senator from South Carolina per- without authority or power we inserted the words "sixty days." mit me to ask him a question? We did it on the ''theory that it was utterly impossible for Mr. TILLMAN. With pleasure. this bill to go into effect immediately without creating an im- Mr. B~CON . I understand that the ma~ter on_ page 21 is mense amount of friction and disturbance in the working of the as the brll came from the House and was m noWISe amended machinery of the railroads. All the railroads will have to by the Senate. . prepare and publish their rates. It was impossible that this ~lr. ~ILL!\f;A-N.. Th~ Senator 18 n~t correct. T.he. ~~rds law should go into effect immediately. It would have been prmted m ..,ca?Itals m l~nes D and 10 !lre new matter, ms:r ~e d better, probably, to have called this an oversight, and to have ~~ th~ co~1.erees a-~~ a~:>.re~. to by n.e:ther House: .Th~, "'0. 1 ~s I passed a joint resolution, and probably it would have been I~ Its Judgment and and fmrly remunerative " ere better to have done the same thing with reooard to other new stncken out by the Senate, and the conferees have agi:eed to matter which we injected. We intended ~t no time to do leave them out. t" th t 1 · d t th · 1 h M · BACON Th ds inserted by the conferees are in- 0 .uer an ° exp am an ° row omse ves upon t e mercy s ert~d in a cla{rse th~'ltw;~s not amended ·by the Senate. of. our. col:eag~es and. say, "~entle~en, w; have done what we 11M . TILI MAN. That is it. That is a question for the par- thm~ IS proper and wise under the circum. tances.. If you want . r. t .· J t dete ·mine to stick by the letter of the rules, of com-,e we Will obey your I1amen anans o r · de s" Tbe next amendment, which we knew we had no authority 0 r : · ...... to put in, or at least as to which we were doubtful of our . Wrt? this expl.anatwn I feel that everyt?mg m this bill that authority is on page 40. We there inserted the words: IS subJect to a po1~t _of o.rder has been mentwned. There may be Said Co~mission shall appoint a secretary, who shall receive $5,000 a difference of opmwn m regard to two or three other matters, compensation annually, and an assistant secretary, who shall re- but I hope that the motion to disagree to the conference report ceive $4,000 compensation annually. will now be agreed to, and let the matter go back. Yet I am I have consulted tile clerk of the Appropriations Committee, ready to discuss any question that Senators wish to discuss. who has had a good deal to do with making up conference re- 1\fr. FORAKER. I call the attention of the Senator from ports and with the com pilation of all the rules that we have got South Carolina to the fact that there appears to be new mat on that subject-in other words, the manual reported l\fay 15, ter on page 7. I did not hear the Senator address himself to 1902, by l\1r. ALLISON, from the Committee on Appropriations, that. I should like to ha-ve an explanation as to why that was and prepared by l\1r. Cleaves. I asked Mr. Cleaves whether or inserted by the conferees, especially in view of the fact that it not the amendment on page 40, the words I have just referred was considered in the committee and was offered in the Senate to, was amenable to the poJ_nt of order. He said frankly, " I do and was voted down. not know." But the reason for putting those words in was Mr. TILLl\IAN. I will make such explanation as I myself this: Section 24, the whole section, relating to the composition have. The matter printed in italics is a Senate amendment, and ·and salary of the Commission, was stricken out by the Senate. the words in capitals are the words proposed by the House con In it the number of the Commissioners was seven and the sal- fcrees to the Senate amendment. A point of order can not be ary was $10,000, an increase of two Commissioners over the made, because they are clearly a legitimate part of this provi number agreed to by the Senate and an increase in salary of sion. My attention and that of the country bas been called to $2,5GO each. The House conferees demanded that we should the fact that some of the trunk: lines in the United States, restore this provision-they did not demand anything; they through lines, engaged in inter tate commerce, have denied, in an requested. The conference was pleasant and agreeable, and infamous and tyrannical spirit of forgetfulness of the rights of 7836 CONGRESSIONAL RECORD-SENATE. JUNE 5, citizens, the privilege of phy ical connection between their own ?!lr. LODGE. Mr. President-- lines and lines thu t sought to connect with them. The case of The VICE-PRESIDENT. Does the Senator from Maine yield the Red Rock Fuel Company, in \Vest Virginia, has been notably to the Serra tor from l\!ass!lchusetts 1 cited in this connection. Mr. HALE. · I mu t insist on my motion. Mr. FORAKER. The Senator certainly knows that I do not Mr. NELSON. I insi t on the point of order. want, liDder the circum tances, to enter into a discussion of 1\!r. LODGE. I wish to call the attention of Senators to Rule the merits of thi pro po <:~ ition. I understood the Senator to IX: say that he had commented on all the new matter in the bill. The Calendar of General Orders shall be taken up and proceeded with l\Ir. TILL~IA.N. All the new matter subject to a point of in its order, * * .* and in such case the following motions shall order. be in .order at any time as privileged .motio~s, save as a~ainst a motion to adJOUrn, or to pro.ceed to the consideratiOn of executive business or Mr. FORAKER. I understand that that is entirely new questions of pt'ivilege, to wit: ' matter. It was something that was not in the bill. The Sen or ~~~inu! ~a~on to proceed to the consideration of an appropriation ator from West Vi.cginia offered it as an amendment, in order that be might get it into the bill. We · voted that it should That is of the highest privilege and takes precedence of every not go into the bill. I am not speaking of the merits of it. thing except the motions specified. When it comes to that, I shall take more time than I now Mr. NELSON. Not when a privileged motion is pending. propose to consume. But inasmuch as the Senator said that 1\!r. LODGE. It takes precedence of everything. Language he had commented on all the new matter in the bill, I wanted can not be plainer. to call attention to this, which I think is the first important The VICE-PRESIDENT. The Chair overrules the point of new matter put into the bill, and just as important as anything order and holds that the motion of the Senator from Maine is put in the bill. in order under Rule IX. 1\Ir. TILLMAN. There is new matter relating to passes. PRESIDENTIAL APPROVAL. It is entirely different from anything the Senate conceived. A message from the President of the United States, by 1\Ir. 1\Ir. FORAKER. The Senate adopted a provision in relation B. F . BARNES, one of his secretaries, announced that the Presi to passes, prohibiting them with certain exceptions. Tile con dent had approved and signed the following act: ferees do awa with the exceptions. _That I understand to be On June 1 : the function of conferees. There is nothing new about that. S. 6038. An act authorizing the construction of a dam across They had a right to do that. I shall di cuss that later on. the Pend d Oreille River, in the State of Washington, by tbe I do not want to occupy more than two or three minutes of Pend d'Oreille Dev-elopment Company, for the development of time. water power, electrical power, and for other purposes. · l\lr. TILLMAN. I have no objection to the conference report being disagreed to in order to get it back, but if Senators want NAVAL APPROPRIATION BILL. to debate it-- The VICE-PRESIDENT. The Senator from Maine moves Mr. FORAKER. I want the conferees to have the benefit of that the Senate proceed to the consideration of the naval appro my views, if they wish them. priation bill. Mr. HALE. 1\!r. President-- 1\!r. TILL~IAN . On that I ask for the yeas and nays. The VICE-PRESIDENT: Does the Senator from Ohio yield The yeas and nays were ordered; and the Secretary proceeded to the Senator from l\Iaine? to call the roll. 1\lr. FORAKER. I yield'. 1\Ir. MORGAN (when his name was called). I am paired Mr. HALE. I have given notice that I shalf call up the np with the Senator from Iowa [~fr. ALLisoN]. propriation bill. At the termination of the Senator's remarks I Mr. SIUMONS (when his name was called). I have a gen Bhllll make the motion. eral pair with the junior Senator from Minnesota [1\lr. CLAPP]. l\1r. FORAKER. I understood that the Senator from :Maine I do not see him in the Chamber. If be has not voted, I with wanted to proceed with the appropriation bill, and as I did not bold my vote. rise to discuss the merit of this report, but only to call the Mr. SPOONER (when his name was called). I have a O'en attention of the Senator from South Carolina to the fact that eral pair with the Senator from Tennessee [1\Ir. CARMACK] ;ho he omitted to mention one provision which I think was new is absent from the Chamber. I transfer my pair to the Se~ator matter, I only wanted to call attention to it so that we might from Idaho [Mr. HEYBURN], and vote "yea." not appear to be acquiescing in his statement that be had dis The roll call was concluded. cussed all the new matter there was. At another time, if it be Mr. PETTUS (after having voted in the negative). I am not convenient at this time to do· it, I want to say something, paired with the junior Senator from Massachusetts [Mr. CRA.NE] . not very much. I understand _that be is not present, and I withdraw my vote. The VICE-PRESIDENT. The Chair recognizes the Senator Tbe result was announced-yeas 27, nays 20, as follows : from Maine. YEAS-27. Mr. HALE. I move-- Allee Foraker Knox Smoot Brandegee Fulton Lodge Spooner 1\ir. ELKINS. Mr. President, I rise to a parliamenta_g in Bulkeley Gallinger Long Sutherland quiry. Burnham Hale McEnery Warner Hopkins The VICE-PRESIDE~"T. The Senator from West Virginia Dillingham Perkins \Van·en Dolliver Kean Pi1es Wetmore will state his parliamentru·y inquiry. Flint Kittredge Scott Mr. ELKINS. I understand the Senator from Maine has NAYS-!:!0. not the right to intervene with a motion when a motion is Ankeny Cullom McCreary Patterson pending to disagree to the conference report. There is a motion Bacon Dubois Martin Stone Bailey Elkins Money Taliaferro pending before the motion of the Senator from Maine, and I Burkett La Follette Nelson Teller think the Senate is entitled to have a vote on that motion. Clay Latimer Overman Tillman Mr. HALE. I move that the Senate proceed to the con NOT VOTING-40. sideration of the naval appropriation bill. Aldrich Clark, Mont. Frazier Millard ' 1\lr. NELSON. l\Ir. President, I make a point of order on Alger Clark, Wyo. Frye Morgan Allison Clarke, Ark. Gamble Newlands that motion, and my point of order is this: When a conference Berry Crane Gearin Nixon report is pending here and the question is upon adopting or Bevel'idge Culberson Hansbrough Penrose Blackburn Daniel Hemenway Pettus rejecting that report, a motion upon another subject-matter is Burrows Depew Heyburn Platt not in order. Any motion in reference to the conference report Carmack Dick McCumber Proctor is in order, but a motion to bring up another subject is not in Carter Dryden McLaurin Rayner order while that matter is pending. Clapp Foster Mallory Simmons Mr. ELKINS. That is precisely the point I wished to make. So the motion was agreed to ; and the Senate, as in Commit· The Senator in charge of tbe conference report has made a mo tee of the Whole, proceeded to consider the bill (H. R. 18750) tion, and it is before the Senate. I do not see how the Senator making appropriations for the naval service for the fiscal year from Maine, with bis desire to push the appropriation bill ~d ending June 30, 1907, and for other purposes, which bad been to push everything else out of the Senate, can urge it on the reported from the Committee on Naval Affairs with amend consideration of the Senate at this time and ignore a motion ments. made by a Senator on an important question to have the con-· 1\lr. HALE. I a-sk that the customary course be taken-that - ference report recommitted, so that we can go to work upon it. the formal reading of the bill be dispensed with, and that the I want to assure the Senator from l\1aine he will not gain any amendments of the committee be first considered. time by such a course. He says he wants to get away before 1\lr. ELKINS. I object. I a k that the bill be read in full. July, but it will be far in July before we get away if be per The VICE-PRESIDENT. Objection is made, and the Secre sists in this course. tary will proceed to read the bill. 1906. CONGRESSIONAL RECORD-SENATE. 7837 Mr. HALE. I hope the Senator fmm West Virginia will not PAN iliA CANAL. insist on that course. Nothing but a loss of time will result The VICE-PRESIDENT. The hour of 2 o'clock having ar from reading the entire bill through. I never knew it to be rived, the Chair lays before the Senate the unfinished business, done in the consideration of an appropriation bill. which will be stated. Mr. BACON. Mr. President, we always desire to hear the The SECRETARY. A bill (S. 6191) to provide for the con Senator from Maine on this side and we are very seldom able struction of a sea-level canal connecting the waters of the to do so here, because he always speaks in a conversational Atlantic and Pacific oceans, and the method of construction. tone. l\Ir. KITTREDGE. I ask unanimous consent that the un 1\Ir. HALE. When the Senate is in order I have always finished business be temporarily laid aside. been able to make myself heard. I was saying that I hope, on The VICE-PRESIDENT. The Senator from South Dakota reflection, the Senator from West Virginia will not insist on asks unanimou.s consent that the unfinished business be tem doing what I ne\er knew done in the consideration of an ap poraril:r laid aside. Without objection, it is so ordered. propriation bill. It will be only so much time lost in first reading the bill through. We always dispense with the formal NAVAL APPROPRIATION BILL. reading and then take up the amendments of the committee as The Senate, as in Committee of the Whole, resumed the con they are reached. But the Senator has the right, if he chooses sideration of the bill (H. R. 18750) making appropriations for to occupy the time. I hope, on reflection, he will not insist on the naval ser-vice• for the fiscal year ending June 30, 1907, and objecting to my request. for other purposes. Mr. TILLMAN. Will the Senator allow me? The VICE-PRESIDENT. The Secretary will read the bill. Mr. HALE. Certainly. The Secretary proceeded to read the bill and read to line 13 1\Ir. TILLMAN. I wish to add my plea to that of the Senator on page 2-1. from 1\Iaine, and beg the Senator from West Virginia not to Mr. CLAY. I do not understand the paragraph beginning consume any more time in this matter than it is necessary for us on page 3, line 9, "For commissioners and interest." Does it to do. It is not going to accomplish anything, because Senators mean pay for comn;lissions and interest? can read the bill as they go along. There are necessarily some 1\Ir. HALE. The bill is now not being read for discussion, questions here that will be discussed. The Senator from Maine but simply the formal reading. The Senator can come back to has expressed my views and feeling this morning in reg!lrd to that afterwards. hurrying up the work of the session and getting away some time 1\fr. CLAY. I beg pardon. I thought the objection to the before the hot weather makes Washington so uncomfortable formal reading of the bill had been withdrawn. that we will hardly be able to discharge our duties properly Mr. HALE. No; the Senator from West Virginia insists here. I hope the Senator from West Vii·ginia will yield and let upon it. the bill be taken up in the ordinary course. 1\Ir. ELKINS. I did want to know what is in the naval ap Mr. ELKINS. I am not -on the Naval Committee, and I do propriation bill, and I wanted the Senate to know, but, yielding not know what is in the bill. I asked the Senator from Maine to the solicitation and appeals of some of my colleagues, I and pleaded with him to allow us to have a vote on the very im withdraw my demand tor the formal reading of the bill. I portant motion made by the Senator from South Carolina. He hope the next tilDe when a motion is made to proceed to the con refused to do it. I might as well state that. I told him it would sideration of some question the Senator from Main~ will allow take a little more time if he insisted on that course; and if I that motion to be put before he projects and injects the naval have a right to bear the bill read I want to have it read. appropriation bill. Mr. HALE. I am not seeking to get the bill up to the preju Mr. HALE. The demand is withdrawn, and I renew m.r dice of the rate bill. I want to have tb~t bill passed. It was request. not I that did. this; the Senate did it. A half dozen Senators The VICE-PRESIDENT. The Senator from Maine asks about me assured me that if this bill was not taken up the en unanimous consent that the formal reading of the bill be dis tire day would be consbmed by debating the other matter. pensed with and that the committee amendments be first con Under those conditions I felt that it was my duty to "give the sidered. Without objection, it is so orde1·ed. Senate a chance to help along the appropriation bills. Now, the 1\fr. MONEY. I did not understand the Chair exactly; I beg Senator has a right, notwithstanding all appeals, to have the pardon, but I rise to inquire whether the proposition was that Senate spend an hour in the reading of the bill. Nobody will all the -committee amendments be accepted? listen to it. Everybody will go off to luncheon. The VICE-PRESIDENT. No; that they be considered as Mr. CULLOM. Mr. President-- they are reached in the reading of the bill and acted upon be The VICE-PRESIDENT. Does the Senator from Maine yield fore other amendments are proposed. The first amendment of to the Senator-from Illinois? the committee will be stated. Mr. HALE. I yield the floor. I have said all I wish to say. The first amendment of the Committee on Naval Affairs was, :Mr. CULLOM. I am not trying to interfere in this matter, under the subhead "Pay of the Navy," on page 2, line 6, after but I wish to say to my colleague on the committee that I voted the word " constructors," to insert : "nay " against taking up the appropriation bill, and for the For hire of quarters for officers serving with troops where there are reason that I was in hopes we could get a vote on the other no public quarters belonging to the Government, and where there are not sufficient quarters possessed by the United States to accommodate measure, so that we could reconsider and take out of the rail them. road rate bill whate-ver seemed to be in there improperly. But we were beaten, and now in the interest of progress and of The amendment was agreed to. getting through the session some time, · I hope the Senator will 'l'he next amendment was, on page 2, line 25, after the word allow the bill to go on in the vsual way. "million," to insert "two hundred and sixty-nine thousand sL""r Mr. ELKINS. I think we can adjourn about the 20th of July. hundred and thirty-seven; " so as to read: Then let us fully understand what is in the appropriation bill. And 2,500 apprentice seamen under training at training stations and The VICE-PRESIDENT. Objection is made. on board training_ships, at the pay prescribed by law, $20,269,637. Mr. SPOONER. The sooner we get through with this bill the The next amendment was, on page 3, line 1, after the word sooner we will get to the conference report on the rate bill. " dollars," to insert the following proviso: Mr. ELKINS. I am indifferent when we get to the confer Pro'Lvi tled, That the Secretary of the Navy may, in his discretion, re quire the whole or a part of the bounty allowed upon enlistment to be ence report. The Senate has. not allowed us to take it back to refunded in cases where men are discharged during the first year of the conferees, and I am entirely indifferent as to whether it enlistment, by request, for inaptitude, as undesirable, or for disability goes back there for two weeks. not incurred in line of duty. Mr. SPOONER. The Senator from West Virginia is always The amendment was agreed to. pleasant except when he is wrong. He is not dealing simply The next amendment was, under the subhead "Pay, miscel with the Senator from Maine; he is dealing ;with a matter laneous," on page 4, line 9, after the word "dollars," to strike which involves the convenience of every Senator in this out the following proviso : Chamber. We are all anxious to get through with the business Provided, That hereafter in cases where orders for travel are given of the session as rapidly as can properly be done. The Senator to officers of the Navy or Marine Corps, the Secretat·y of the Navy in is simply filibustering to delay-that is the operation of it-the his discretion may direct that either mileage or else their actual and dispo ition by the Senate of the conference report on the rate necessary expense.s only shall be allowed. bill. It accomplishes no purpose at all, except to take time. It The amendment was agreed to. accomplishes no u eful purpose whatever. I believe every Sena Tbe next amendment was, on page 4, after line 13, to insert : tor here would be glad to have the Senator from West Virginia To reimburse cffi cers and enlisted men of the Navy and l\!arine Corps who were on duty under orders in San Francisco during the recent fire withdraw his demand for the formal reading of the bill. I in that city for losses of clothing and other personal effects sustained sincerely hope he will do it. by them through said fire, $7,000, or so much thereof as may be neces- 7838 CONGRESSIONAL RECORD-SENATE. JUNE 5, sary: Provided, That such reimbursement shall be made under regula call in a good lawyer and pay him a $500 fee for work, and tions to be prescribed by the Secretary of the Navy and upon vouchers to be approved by him in each case. then it is ended. The amendment was agreed to. Mr. CLAY. I do not remember an appropriation of this kind The next amendment was, on page 4, after line 22, to insert: heretofore. Mr. HALE. The Secretary asked for it. That all officers of the Navy below the grade of rear-admiral, with creditable records, includin~ those retired with the relative rank of Mr. SPOONER. What has been the statutory designation commodore, who served durmg the civil war, and who were honorably heretofore of this gentleman in the office of the Judge-Advocate retired prior to the passage of an act entitled "An act to reorganize General? and increase the efficiency of the personnel of the Navy and Marine Corps of the United States," approved March 3, 1899, shall be advanced Mr. HALE. He is solicitor in the Judge-Advocate-General'_s on the retired list one grade above the grade or rank now held by them, office. to take effect from the date of the approval of said act; and that rear Mr. SPOONER. Is that the term in the statutes? admirals retired prior to the passage of said act shall receive the same pay as officers of the Navy of corresponding grade who have been retired Mr. HALE. It is what he is. The Senator is a lawyer and under said act: P1·ov ided, That this act shall not apply to any officer understands the great importance of having a. good permanent who has received an advance of grade since his retirement or has lawyer there. The Judge-Advocate's department is not pre been restored to the Navy and placed on the retired list with promo tion thereon by virtue of the provisions of a special act of Congress. sided over by a lawyer. A naval officer is generally taken. The This provision shall in no case authorize any ciaim for back pay and Judge-Advocate, I say, is not a lawyer, and some lawyer has got shall have effect only for the future, and shall ,also apply in like to do the work of that department. manner to officers of the Marine Corps. Mr. SPOONER. Military rank has been given in the War The amendment was agreed to. Department to civilians who have had long service there. The next amendment was, on page 5, after line 18, to insert : Mr. HALE. I had that in mind when I said that sometimes That officers of the Marine Corps with creditable records who served we do rather extraordinary things. during the civil war and were retired prior to, 1904 shall receive the full benefit of the act approved April 23, 1904, in so far as the same Mr. SPOONER. Is it anticipated that this will be followed provides for the promotion of civil war veterans to the next higher hereafter by additional legislation? grade above that at which they were retired. Mr. HALE. I do not suppose there will ever be additional The amendment was agreed to. legislation, if this passes. We have in the War Department a The next amendment was, at the top of page 6, to insert: man doing purely clerical work and I do not know but that he That the provisions contained in section 13 of an act approved is a major-general. March 3, 1899, entitled "An act to reorganize and increa.se the effi Mr. GALLINGER. He is a major-general. The Senator ciency of the personnel of the Navy and Marine Corps of the United from Colorado [Mr. TELLER] knows something about the merits States," readinf? as follows : "Provided, That such officers when on shore shall rece1ve the allowances, but 15.per cent less pay than when of this man. He is a very worthy and very modest man. on sea duty; but this provision shall not apply to warrant officers Mr. SPOONER. I do not question that. commissioned under section 12 of this act," be, and the same is hereby, Mr. HALE. And he never appeared before the committee. repealed. Mr. TELLER. I have known the gentleman mentioned by The amendment was agreed to. the Senator from Maine [Mr. HALE] for a great many years. The next amendment was, on page 6, line 24, after the word He was an employee in the Department while I was Secretary " seven," to insert the following additional proviso: of the Interior and was very close to me. He is a man of un And provided turthe1·, That a sum not to exceed $5,000 may be ex pended by the Secretary of the Navy for legal advice out of this questioned legal talent and of excellent character. He has appropriation. been for many yearB in the office, and I am sure he is well quali The amendment was agreed to. fied for the place which it is proposed to give him. He has 'l'he next amendment was, on page 7, after line 2, to insert : never said anything to me about preferment of this kind. He The solicitor in the office of the Judge-Advocate-General of the Navy certainly has not importuned me at all. He is entirely too shall hereafter be appointed by the President, by and with the advice modest to do that. and consent of the Senate, and shall have the rank, highest pay, and Mr. SPOONER. I think this gentleman is a man of :fine qual allowances of a commander. · ifications as a lawyer, and I know he is a modest man. Mr. FULTON. I ask the Senator from Maine for an expla Mr. TELLER. Very. nation in regard to this paragraph. I understand that the Mr. SPOONER. He has served with great fidelity, but, at solicitor is a civilian. Why should he be given the :tank of a the same time, there is something objectionable about this pro commander? I have no objection to giving him the pay and vision. I do not object to him. What I do not like about this allowances of a commander if that be important, but why give legislation is that under it every succeeding solicitor will take him the rank? this rank. I do not object-to the pay and allowances. Wlmt :Mr. HALE. It is one of those things that occasionally have we did after the war in the War Department was abnormal; been done. Of course the object is to keep a very good man, it was done rather as a. matter of reward to men who had ren a very good lawyer in this part of the naval establishment, dered valuable service; and it would not have been done, 1 which has got to be so large that jt needs his services. It is think, but for that. I want to limit the provision now to this an encouragement to the good lawyer who is there, whom gentleman-- everybody knows about, Mr. Hanna, who is the wheel horse Mr. HALE. I think that is right. and does the work. The Department has no solicitor, as some Mr. SPOONER. Instead of making it a permanent provision. Departments have, and it was thour,ht nothing more than com Mr. HALE. I have been casting about for language to effect mensurate with his work and his ability that he should be given tllat object. If you put it that. this shall only apply to one ap a. permanence. It is undoubtedly a thing not often done, but pointment of a solicitor-- the committee thought it was wise to give him the permanence Mr. CLAY. Would not that be rather unusual? . which is provided in the amendment reported by the committee. Mr. HALE. It would, undoubtedly. Mr. FULTON. I should like to ::tsk the Senator if he takes Mr. CLAY. Would it not be very unusual to make it apply rank as a commander would not that entitle him to promotion to one particular man? in line and ultimately he might be eligible to the command of a Mr. SPOONER. I think there is a precedent for it. We can battle ship? It has been suggested to me by those who are hunt up language. I think there is a similar provision in better acquainted with the workings of the Navy Department tlle law as to the Army. tlla.n myself that it would have that result. Mr. HALE. We can not say that the President shall appoint Mr. HALE. I think that is a good suggestion. It was in a particular man; but we can ~ language that will make it tended that this should be the ultimate rank and pay. There apply only to this single appointment. I think that is a proper is no objection to making it read "rank, highest pay, and allow thing to be done. nnces of a commander, and of no higher rank." I think tlla.t Mr. TILLMAN. I hope the Senator from Maine will frame is a good sugge tion. such an amendment. I was not in the committee when this Mr. CLAY. I should like to ask the Senator about the preced matter came up; in fact, I was not in the city when the com ing amendment. I do not remember that we have heretofore mittee considE!red this provision; and while this is a. Yery had any such item. It is a small amendment: worthy gentleman, a very valuable officer, I have some misgiv And provided tm·tlter, That a sum not to exceed $5,000 may be ex ings and objections to making a perpetual position in the Navy pended by the Secretary of the Navy for legal advice out of this appro for a civilian. We might get a bad one next time, when this priation. man dies, and make him a commander, whether he is really a Is there not a legal officer -of the Department to give lE-gal great lawyer or a valued officer, or whether he is merely a ad ice on questions tbat may arise? political favorite. It is a precedent that I do not like. I hope Mr. HALE. Tbe Department has grown to be very large, and tllat the provision will apply to this man only, and I shall be it has 110t a. solicitor. Occasionally there are matters coming glad to agree to an amendment which will accomplish that up, not t1ere, but in reference to matters outside, at navy-yards, object. wb~rt', i..1stead of having a. man all the time, the Secretary can Mr. HALE. Then I suggest, after the word " commander," 1906. CONGRESSIONAL ItEOORD-SENATE. 7839 in line G, to insert " and of no higher rank : Pr-ovided, That only ~r. BACON. He does it under the order of the War Depart one ap11ointment shall be made hereunder." ment; but the Q.rder of the Navy Department does not permit it. Tbe VICE-PRESIDENT. The amendment proposed by the Mr. SPOONER. That is precisely what I want to get at Senator from Maine will be stated. what authority has the War Department or the Navy Depart The SECRETARY. On page 7, line 6, after the word "com ment to make any such order? mander," it is propo ed to insert "and of no higher rank: Pro Mr. BACON. I did not catch what the Senator said. vided, That only one appointment shall be made hereunder." Mr. SPOONER. What authority in law has the War De The VICE-PRESIDENT. In the absence of objection-- partment or the Navy Department to make any such order? Mr. BACON. I was out of the Chamber for a moment, and I If a man ought to be discharged, if be presents a good reason desire to ask a question simply for information. I caught only to the Department for his discharge, by what authority is it the closing word.Ei of what was said by the Senator from Wiscon made a condition precedent to this discharge that be- shall sin. [Mr. SPOONER]. If I understood him correctly, this provi- pay for it? _slon relates to a particular individual. Am I correct in that? Mr. HALE. That is a new matter to me. .Mr. IIALE. Yes. Mr. SPOONER. I sought to procure the discharge of a man Mr. BACON. If the Senator from .Maine· has already given from the Navy on very strong grounds, but was informed that an explanation, I shall not ask him to repeat it, because I can that was the rule; that he must purchase his discharge. see it in the RECORD; but if he has not made such explanation, Mr. HALE. I do not know to what rule the Senator refers. I should be glad to have him do so now. There is not, so far as I know, any rule in the Ai·my or Navy .1\!r. IIALE. I haye already explained it. by which a man can buy his discharge. Mr. BACON. Then I shall read it in the RECORD. Mr. WARREN. Mr. President, I think that the rule bas not Mr. HALE. Now, I ask the Secretary to again state the pro been practiced as broadly as bas been stated, but it bas been viso which I have proposed. customary in certain cases to discharge men where they are The VICE-PRESIDENT. The Secretary will read as re- the sole support of a dependent father or mother. There are quested. other cases where the same degree of responsibility may not The Secretary read as follows : rest upon a man, but having served a part of his term he buys Prov-ided, That only one appointment shall be made hereunder. his unexpired time--this, when he desires to enter into, in some Mr. SPOONER. No; that will not do. degree, the care of his dependent or semidependent relatives Mr. HALE. No; I see that will not do. Perhaps it should or for other acceptable reasons. Whether it is a good or bad be "and that when a vacancy occurs in this office, no new ap practice is a matter that we are not passing upon now, but pointment shall be made." the law provides for it. The e discharges are rather unusual 1\Ir. SPOONER. That .will not do. and are resorted to in not a large percentage of enlistments. Mr. HALE. Why not? Mr. WARREN subsequently siL::l : When the question was up Mr. SPOONER. If you once establish the office of solicitor, a moment ago about the authority of the War Department to who is to be appointed by the President by and with the advice discharge enlisted men, either by favor or upon the men buy and consent of the Senate, you will have the solicitor always, ing and paying for unexpired time, I made a few remarks, and and the limitation which is made here simply goes to the rank. I ask permission to insert in the RECORD the statutes governing I think we had better pass this provision for the present tbe same, which are section 4 of the act of June 16, 1890, as· M1~. IIALE. Very well. follows: Mr. SPOONER. Language can be found to cover this case, I SEC. 4. That in time of peace the President may, In his discretion and under such rules and upon such conditions as he shall prescribe, think. permit any enlisted man to purchase his discharge from the Army. Mr. HALE. Let it be passed over for the present, 1\fr. Presi The purchase money to be paid under this section shall be paid to a dent. paymaster of the Army and be deposited in the Treasury to the credit of one or more of the current appropriations for the support The VICE-PRESIDENT. The amendment will be passed over of the Army, to be indicated by the Secretary of War, and be available for the present for the payment of expenses incurred during the fiscal year in which The reading of the bill was resumed. The next amendment of the discharge is made. tbe Committee on Naval Affairs was, under the subhead "Bu And section 30 of the act of February 1, 1901, as follows : reau of Navigation," on page 7, line 14, after the word "thereof," SEc. 30. That the President is authorized to maintain the enlisted· to strike out " transportation to the places of enlistment, oi· to force of the several organizations of the Army at their maximum strength as fixed by this act during the present exigencies of the serv their homes, if residents of the United States, of enlisted men ice, or until such time as Congress may hereafter otherwise direct: and apprentice seamen discharged on account of expiration of Provided, That in the event of the enlistment of a soldier in the Army enlistment, with sub istence and transfers en route, or cash in for the period required by law, and after the e~iration of one year of service, should either of his parents die, leavmg the other solely lieu hereof ; " so as to read : dependent upon the soldier for support, such soldier may, upon his Transportation, recruiting, and contingent: Transportation: For the own application, be honorably discharged from the service of the transportation of enlisted men and apprentice seamen at home and United States upon due proof being made of such condition to the Sec- abroad, with subsistence and transfers en route, or cash in lieu thereof, retary of War·. · t transportation to their homes, if residents of the United States. of en listed men and apprentice seamen discharged on medical survey, with I also ask that War Department General Orders. No. 4, dated subsistence and transfers en route, or cash in lieu thereof, etc. January 8, 1906, may be .printed in the RECORD without read- The amendment was agreed to. ing. • The next amendment was, in line 24, after the word " dol The matter referred to is as follows: Jars," to insert the following proviso: General Orders, No. 4.] P?·o vided, That hereafter enlisted men, discharged on account of - WAR DEPART~IENT, expiration of enlistment, shall receive in lieu of transportation and Washington, January B, 1906. subsistence, travel allowance of 4 cents per mile from the _place of General Orders, No. 48, War Department, March 15, 1904, is hereby discharge to the place of enlistment, for travel in the United States. rescinded and the following substiruted therefor: Under the provisions of section 4 of the act of Congress approved The am~ndment was agreed to. June 16, 1890, the President has prescribed the following rules govern Mr. SPOONER. I do not rise to the amendment which bas ing the purchase of discharge from the Army, and -they· are published just been agreed to, Mr. President, but I rise for the· purpose for the information and guidance of all concerned : 1. In time of peace, except as hereinafter provided, any enlisted man of asking the Senator from Maine to give me the authority who has completed one year's service as such, and is not undergoing upon which discharges from the Navy are paid for. punishment or un~er charges, may obtain the privilege of purchasing Hr. HALE. My attention was diverted for a second. Will his discharge, subJect to the approval of the authonty competent to order it. The price of purchase will consist of the travel allowances the Senator kindly repeat his question? due on dischar&"e, which will be retained by the United States in all Mr. SPOONER. As I understand it, though it has not often cases, and in audition thereto the following: happened, men discharged from the Navy sometimes pay for After one years' service, $120. After two years' service, $100. their discharge. After three years' service, $90. Mr. BACON. I think not After four years' service, $85. Mr. SPOONER. It has happened. After five years' service, $80. After six years' service $65. Mr. BACON. That is not the law now. After seven years' service, $60. Mr. SPOONER. It is the practice as to the Army but I After eight years' service, $55. know of no law which provides for it, and my purpose ~simply After nine years' service, $40. After ten years' service,_$35. to ascertain from the Senator from Maine under what author After eleven years' service, $30. ity, if any, that is done. Service in the Regular Army only will be considered, and such serv Mr. BACON. If I understand correctly, there is now no ice ~s not requit·ed to be continuous in determining the purchase price of dtscharge. authority under which an enlisted man can buy a discharge Company commanders will enter on the final statements of men who from the Navy. It is limited to the Army. are discharged by purchase a full statement of all previ will make a_pplica.tion to departmc1_1t. heaqquarters, thro~gh militah I of the Committee on Naval Affairs was, on page 11, line 5, after rhannels. giv.mg his re3:sons for de::;.Irm~ his !hschargf·. 'I he company the word "dollars" to insert the following provi o · •·otnmander, In forwardmg the appncatwn, Will state m full the con- ' • · ti.it~on o~ t~c acco.unts ~f the applicant, 17iving ~ complete f!iateme!l~ of Provided, Tluit the naval station at Port Royal, S. C., including all t!.l'.! sovet·_nment, IJ!. Ciumng th~ pnce o~ purchase, the compan~ c~m- deemed advisable; and for that purpose the followin"' sums are appro n:.a._~del· w11l s.en Cisal.Jie to take final action in the case, he will forward the application The next amendment was on page 14 line 11 after the word with l1is remarks thereon to the Military Secretary of the Army. "f d" t · ·t th f 11 ·' c:r • • • ' ' 4. !._ pplications fi·cm the following sources for discharge under this un • O mser e o OWino proviso' ordei· will be forwarded through military chamJels to the Military Sec· Provided, That for the ·performance of such additional f!ervices . in ret::~r.v of the Army: and about the Naval Home as may be necessary, the Secretary of the Enl· season lasts fully six months, during which J.>ractlcally no rain falls; also a print, showing the result of survey made in connection with' the valley rises fairly uniformly at a rate of o to 7 feet-per 100 in the water supply. · vicinity of the proposed inlet. Conditions differ but slightly for a Respectfully returned to the Department. long way below this point; there are no natural basins of any extent, The results of observations made by Civil Engineer Reed at Olongapo and taken alto_g--ether the possibility of increasing the flow for several on the possibjlity of water power developed for that station furnish successive months by storage at or near the proposed inlet at a good ground for belief that for more than half the year, at least, water ren onable cost does not seem to exist. power will be available. 11. The cost of coal and oil consumed in producing 1 horsepower 2. It may be possible that the water power will have to be supple night and day for one year under the conditions here existing may mented by steam in an auxiliary plant, but the bo:u·d prefers to defer be taken at 100, or for 110 horsepower $11,000. To this coal consump judgment on this point until further and more complete observations tion might be added 10 per horsepower for dep1·eciation of boilers are available, and until Civil Engineer Reed has as imilated the pro and engines, or $12,100 as the annual cost of producing 110 horse posed scheme of water-power development in the board's report. The power on the station. No item for attendance is included, as this report should have reached Olonga~o the last of Febt·uary. power is not sufficient to do away with a steam-power plant on the 3. In view of the fact that Civtl Engineer Reed can, after reading station, and would involve little or no additional labor. the report of this board, make more intelligent observations and rec The cost of 10,000 feet of 16-inch pipe in place may be taken at ommendations on this subject, the board recommends that further $30,000, and the cost of power house, water wheel, generator, other inyestigation be made as to the flow of water in the upper part of the electrical apparatus, and transmission line at $20,000, or 50,000 in Tabacujan at different times of the year. It seems also likely that all. If 10 per cent is assumed for depreciation and repairs and there will be ample time for more complete observations and for con $2,000 per annum for attendance on station and line, the annual cost clusions based upon them. would be $7,000, which, deducted from $12,100, leaves an apparent saving of $5,100 per annum from the de-velopment of this water power. WM. SWIFT, 12. As against this project may be placed the reduced flow of the Captain, U1titetl States Navy, Senior Membet·. river at the inlet near the end of the dry season, not yet determined, the isolated position of the plant where superintendence in-volves 8 NAVY DEPART~1t1~T, miles of travel, the attention and care required to make and maintain Bureau of Navigatton. the 2 miles of supply pipe tight under pressures running to 250 pounds Recei-ved March 15, 1906. per square inch, the care required to maintain the high--voltage trans Forwarded !arch 15, 190S. mission line, with accompanying danger to life, and the relatively To the Department. small amount of power available. It would be possible to design the plant for . a larger power, which [Third indorsement.] would be available during four or five months of the year, but such increase of cost would probably be not justified by the advantages to NAVY DEPA.RTIIIENT, March 16, 1906. be gained. · BUREAU OF YARDS AND DOCKS : 13. The Bureau directs in its cablegram that dam sites be surveyed Forwards, for the Information of the supplemental board on the on the Tabacujan River. development of the Olongapo Naval Station, a copy of a letter from The river descends quite uniformly in a rocky channel, strewn with Civil Engineer P. L. Reed, United States Navy, dated January 17, 1006; bowlders. No place was found at which a storage reservoir of useful also a print, showing the result of survey made in connection with size could be obtained by a dam of reasonable cost. At almost any water supply. point a low dam could be constructed which woultl answer well as Resvecttully returned to the Bureau of Yards and Docks, inviting an inlet for the water supply, but a valley with approximately parallel attention to the second indorsement hereon of the senior member of sides rises regularly, with a slope of 3 or more feet per 100, offers the board on Olongapo, recommending that further isvestigation be little opportunity to construct a storage reservoir which shall hold made as to the fiow of water in the upper part of the Tabacujan at enough water to materially increase the flow over a period o:f five or different times of the year, in connection with the geneeal quest ion on l:tix successive months of dry weather. the possibility of water-power development for the naval station, It is belie-ved that such a reservoir will not be needed,. and that Olongapo, which recommendation is approved. . the river will supply at all times sufficient water for the needs of · BoNAPAR"l'E, Secretary. tbe station as they have been foreseen in the complete project of the Olongapo board, of whlch the late Rear-Admiral Taylor was senior Mr. HALE. I would, upon the strength of these reports, member. move to strike out the provisions for Olongapo, but they are so 14. An Instrumental survey has been made of the area adjoining small that they will probably be used at the station in its pres~ the " brickyard springs " above the falls, levels determined, and weir measurement made. ent condition. However, I think it a matter of congratulation These show the top of the falls to be at an elevation of 109 feet that at last reports disclose what is the real situation of this above low water and that the bed of the stream rises from there station. fairly. and uniformly to an elevation of 154 feet, above datum in 417 feet where it branches. 1\!r. WARREN. I should like to ask the Senator from Maine A careful weir measurement made on January 8 gave a flow of 5.12 a question. cubic feet per minute, equi-valent to 55,000 gallons per day. · Mr. HALE. Certainly. A similar measurement, made on February 13, 1905, gave but 1.20 cubic feet per mlnute, equivalent to 13,000 gallons per day. No place l\1r. WARREN. Is there not a large amount, which has been favorable to the construction of a dam to form a useful storage reser appropriated heretofore, standing to the credit of Olongapo voir was found in the steep and narrow valley above the falls. Water which could be expended unless otherwise directed? from this spring now supplies a 2-inch pipe, which is led to the camp for parties using the target range for small arms, constructed as a per Mr. HALE. It will not be expended. The Comptroller has manent range for the Asiatic fleet. This range Is used exclusively in held it up-- the dry season, at which time there remains little or no water from the spring after supplying the camp. Mr. WARREN. Then am I to understand that nothing will _ Very respectfully, P. L. REED, be available for Olongapo except what is carried in this bill? Oivi~ Engineer, United States Navy. 1\Ir. HALE; That is all. The COMMANDAi"'i"T. Mr. WARREN. I am very glad this information has been received. DEPART:ME.." Tl1e next amendment was, on page 45, after line 14, to insert: Mr. CLAY. What change will that make in the present For the erection of marine barracks and officers' quarters, naval sta arrangement? tion. r ew Ot·Jeans, La., $15,000, which sum shall be in addition to Mr. HALE. It would be an embarrassment if it rnus oyer $15,000 appropriated for this object in the naval appropriation act approved March 3, 1901, and $6,500 provided in the naval appropriation the 4th of March, wl1en Congress expires, because a question act approved April 27, 1904. would then arise between the new Member and the old Member, The amendment was agreed to. and as it is only a few days-- Tl1e next amendment was, on page 45, after line 22, to insert: 1\fr. CLAY. What change will this amendment, if adopted, For the erection of marine barracks and completion of officers' quar make in the present arrangement? ters, marine ban·a<:ks, naval training station, San Franci co, Cal., Mr. HALE. Oh, it gives more time for Senators and Mem $15,000. bers. They have now only about three months, and there is 'l'l1e amendment was agreed to. not the opportunity for a Senator or Representative to select The next amendment was, at the top of page 46, to insert: his man and have time for him to prepare and get ready for For the necessary repairs and improvements to such buildings at ~he the examination. The same provision was substantially naval station, New London, Conn., as have been assigned to the Manne adopted in regard to West Point. It gives to every Senator (:orps by the Navy Department, $25,000. and Member a longer time-that is, instead of awaiting the The amendment was agreed to. expiration of tile year he is notified of the coming vacancy. The next amendment was, on page 46, after line 4, to insert: l\fr. CLAY. I have never known the Navy Department here For the purchase of land adjoining marine reservation, naval station, tofore to fill a vacancy that was not filled by a Member of the · Sitka, Alaska, $400. House or a Senator. They usually notify them three or four The amendment was agreed to. times if they do not make the appointment, and if they fail The next amendment was, on page 46, after line 6, to insert : tl1ey notify them again. I know the Department is exceedingly In all, public works, Marine Corps, $106,400. careful if the appointment is not made to notify Senators and The amendment was agreed to. Representatives again, and then if the person appointed fails The next amendment was, under the subhead " Bureau of to stand the examination, to notify again and let another ap ,Construction and Repair," on page 59, after line 5, to insert: pointment be made. That the Secretary of the Navy be, and he is hereby, authorized and Mr. HALE. They have now only three or four months to directed to cause to be constructed a fully completed model of each do it in, and they will have all the time from the preceding vessel of war of the Navy of the United States which now has or may year. hereafter be given the name borne by any State of the United States, said model to be deposited in the capitol building of said State, and in The amendment to the amendment was agreed to. every case said model shall be placed in a prominent position, conve The amendment as amended was agreed to. nient to public view : Pt·ovided, That such model shall not cease to be, The next amendment was, on page 72, after line 10, to insert : when so deposited, the property of the Government of the United States, but shall be at all times subject to the authority and direction of the That the President be authorized, by and with the advice and con Secretary of the Navy, no model to cost in excess of $3,500, and the sent of the Senate, to appoint two additional professors of mathe matics in the Navy, who shall take rank at the foot of the list of sum of $50,000 is hereby appropriated. professors of mathematics and be extra numbers in said list. The amendment was agreed to. l\fr. CLAY. I hope the Senator will allow this amendment to The next amendment was, under the subhead " Bureau of go over for a few minutes until it may be looked into further. Steam Engineering," on page 62, line 25, after the word "dol l\fr. HALE. Certainly. lars," to insert " to outfit boiler shop, now building, with cranes, The VICE-PRESIDENT. The amendment will be passed annealing furnace, machine and hand tools, motors and fixtures, over. $60,000; in all, $110,000 ;" so as to make the clause read: The next amendment·was, on page 72, after line 15, to insert: Machinery plant, navy-yard, Portsmouth, N. H.: To outfit new shops, authorized and completed or nearly completed, with new power tools, That all records (such as muster and pay rolls and reports) relat- and to replace obsolete and worn-out machine tools, $50,000; to outfit ~fs ~f i~: &e~st~nAin~~a~P;~~t~~ss i~f t~~l>~ira~f t~~lv{t~;of~if;~ ~~; boiler shop, now building, with cranes, annealing furnace, machine and in any of the Executive Departments shall be transferred to the Secre hand tools, motors and fixtures, $60,000; in all, $110,000. tary of the Navy, to be preserved, indexed, and prepared for publi The amendment was agreed to. cation. The next amendment was, under the subhead " Naval Acad The amendment was agreed to. emy," on page 68, line 9, to increase the total appropriation for The next amendment was, on page 73, line 18, after the word pay of professors and others, Naval Academy, from $125,820.02 "bars," to insert "and for prizes for excellence in gunnery to $126,217.52. exercise and target practice, both .afloat and ashore," so as to TlJe amendment was agreed to. make the clause read : The next amendment was, on page 70, line 22, to increase the Pay of noncommissioned officers, musicians, and p~ivates, as pre total appropriation for the maintenance of the Naval Academy scribed by law; and the number of enlisted men shall be exclusive of from $388,663.08 to $38!:>,060.58. those undergoing imprisonment with sentence of dishonorable dis charge from the service at expiration of such confinement, and for the Tl1e amendment was agreed to. expenses of clerks of the United States Marine Corps traveling under The next amendment was, at the top of page 71, to insert : orders, including additional compensation for enlisted men of the Hereafter the Secretary of the Navy shall, as soon as possible after Marine Corps regularly detailed as gun pointers, messmen, signalmen, the 1st day of June of each year preceding the final graduation of or holding good-conduct medals, pins, or bnrs, and for prizes for midsb.ipmen In the succeeding year, notify in writing each Senator, excellence in gunnery exercise and target practice, both afloat and Representative. and Delegate in Congress of any vacancy that will nshore, $1,883,555.20. exist at the Naval Academy because of such graduation, and which The amendment was agreed to. he shall be entitled to fill by nomination of a candidate and one or more alternates therefor. The nomination of a candidate and alter The next amendment was, on page 81, after line 9, to insert : nate or alternates to fill said vacancy shall be made upon the recom That from and after the date of the approval of this act, the Com mendation of the Senator, Representative, or Delegate, if such recom mandant of the Marine Corps shall have the rank, pay and allowances mendation is made by the 15th day of April of the year following that of a major-general in the Army, and when a vacancy snail1 occur in the in which said notice in writing is given, but if it is not made by that office of commandant of the corps, on the expiration of the service of time the Secretary of the Navy shall fill the vacancy by appointment the present incumbent, by retirement or otherwise, the Commandant of of an actual resident of the State, Congressional district, or Territory, the Marine Corps shall thereafter have the rank, pay, and allowances as the case may be, in which the vacancy will exist, who shall have ot a brigadier-general. been for at least two years immediately proceding the dnte of his appointment an actual and bona fide resident of the State, Congres Mr. CLAY. I ask the Senator from Maine, in charge of this sional district, or Territory in which the vacancy will exist and of the bill, if that amendment is not something unusual? legal qualification under the law as now provided. In cases where Mr. HALE. It was done in the case of the predecessor, who by reason of a vacancy in the membership of the Senate or House of Representatives, or by the death or declination of a candidate for was a very competent and valuable officer, but the main reason admission to the academy there occurs or is about to occur at the for it is that the Marine Corps, by the constant increases that academy a vacancy from any State, district, or Territory that can not Congress has made, has run up fi·om 2,000 to 9,000 men. It is ~~o~ 1 i'hder~itre~-m~~~t~e~o;: fhe:e~~a~r~:i~:~cet~ia~~it~~Y f~; tfi~~e~e~~ almost as large as a corps. · TlJe .commandant has more responsi as the Secretary of the Navy may determine. The candidates allowed bility than any major-general in the Army. Instead of making for the District of Columbia and all the candidates appointed at large, it permanent the colnmittee reported the amendment, as was together with alternates therefor, shall be selected by the President within the period herein prescribed for nomination of other candi done in General Heywood's case, that it be made applicable only dates: Prov-ided) That the President may select a candidate for the to the present incumbent. I think it ought to be permanent, the District of Columbia for the year 1908. corps bas become so large; but the committee did not report it l\fr. HALE. To perfect the amendment, I move, in line 3, in that way. page 71, 'before the word " graduation," to strike out the word Mr. SPOONER. If it is limited to him it is \\ell de erved. "final." Mr. HALE. It is well deserved. Tl1e amendment to the amendment was agreed to. 1\fr. CLAY. That may be true, but it is a bad practice to leg 1\Ir. HALE. In lines 11 and 12 I move to strike out the islate in the interest of a particular person in office. We ought words " fifteenth day of April " and insert " fom'th day of to legislate generally, and not for any particular person. It is a ;March." bad precedent, and I do not believe we ought to do it. 7846 CONGRESSIONAL RECORD-SENATE. JUNE 5, 1\Ir. SPOONER. It is not a precedent. We have been doing 11,000 ton ships, and she cost about half as much as this ship it in the Army now for a long while. will cost Mr. CLAY. I am not prepared to say that we ought to do it. Mr. CLAY. Have we ever heretofore built a battle ship that Mr. SPOONER. Here is a man who has a splendid record for cost exceeding six and a half million dollars? gallantry and intelligence and force. Mr. HALE. The last four which were provided for will cost The VICE-PRESIDE:t\T. The question is on agreeing to the about $7,000,000, including the armament. amendment of the committee. 1\lr. CLAY. This is to cost six millions, not including tbe The amendment was agreed to. armament. The Secretary continued the reading of the bill and read to Mr. HALE. Yes. This will cost-so it has been stated to us line 13, on page 82, the last item read being as follows: when completed, armor and armament, all of which is left !~CREASE OF THE NAVY. indefinite, somewhere from ten to eleven million dollars. 'l'hat for the purpose of further increasing the naval establishment of Mr. CLAY. I understood that at the last session of Congress the United States, the President is hereby authorized to have con the naval committees of both the House and Senate adopted the structed by contract or in navy-yards as hereinafter provided- policy of building two battle ships a year; and I remember the · One first-class battle ship, carrying as heavy armor and as powerful armament as any known vessel of its class, to have the highest practica Senator from Maine stated during the last session of Congress ble speed and greatest practicable radius of action, and to cost,_ ex that this year we would try to adopt the policy of building one clusive of armament and armor, not exceeding $6,000,000 : P1·ovul_ed, battle ship a year. If that be true, while we have reduced the That before approving any plans or specifications for the construct!on of such battle ship the :Secretary of the Navy shall atrord, by advertise number of battle ships from two to one, the fact is that this ment or otherwise, in his discretion, a reasonable opportunity to an:1 one battle ship will cost about as much as two battle ships have · competent constructor who may desire so to do, to submit plans and cost heretofore. Then there really has been no decrease in the specifications for his consideration, for which said plans, should the same be used by the Department and be not submitted. by or on beha_lf expenditure. of a successful bidder for the contract, such compensatiOn shall be p:ud Mr. HALE. I do not see any other way to meet the sugges as the Secretary of the Navy shall deem just and equitable out of the tion than to provide that before any bids shall be invited or amount herein appropriated under the head "Contingent, Navy." received the Secretary of the Navy shall report at the next fr. KEAN. I should like to ask the Senator from Maine session of Congress the plans and specifications for such battle whetller that item for an increase of the Navy is in the usual ships, including their displacement, draft, dimensions, etc. form? It seems to me that it does not exactly conform to the Mr. WARREN. I wish the Senator from Maine would offer regular way that increases for the Navy have been made. The an amendment of that kind. As the provision now stands it question is whether the text should not be amended in some reads: way so as to make it more specific. P1·o1:ided, That before approving any plans or specifications for the Mr. HALE. In providing for new battle ships Congress has construction of such battle ship the Secretary of the Navy shall afford, by advertisement or otherwise, in his discretion, a reasonable oppor always heretofore exercised its discretion and has provided lim tunity to any competent constructor who may desire so to do, to sub itations as to displacement and as to size, so that the Depart mit plans and specifications. ment has taken its guidance from the limitations fixed by It would seem as if pretty much all of the time between now Congress. In this case there is no limitation of any kind what and the opening of the next session of Congress would be con ever in the bill, if that is what the Senator refers to. sumed in that way. I think it would not very much delay the l\fr. KEAN. That i what I refer to. There is no limitation ultimate outcome, and it certainly would put it nearer the con as to the draft of the ship, or anything of that kind. trol of Congress if the Senator from Maine would amend that Mr. HALE. Nor as to displacement. section in the manner he has indicated, so that it might come Mr. KEAN. I notice a very interesting table in the report of back to Congress for final approval. tlle Committee on Naval Affairs giving the draft of some forei~ Mr. HALE. Then I would move to add, on page 82, at tlle battle ships, tile depth of the Suez Canal, the depth to wllicb end of line 13, after the word" Navy," this proviso: the Panama Canal is pl'oposed to be built, and also the depth Provided, That before any proposals for said battle ship shall be of various harbors existing and projected. issued or any bids received and accepted, the Secretary of the Navy Mr. WARREN. The provision does seem to be restrictive, shall report to Congress at its next session full details covering any plans and specifications for such battle ship, including its displacement, bowever, in that the new battle ship must carry "as heavy draft, and dimensions, and the kind and extent of armor and armament armor and as powerful armament as any knQwn vessel of its therefor. class." Tllat will meet the objection raised by Senators, and I think Mr. KEAN. That is the only description I see of the vessel. it is a very good amendment. l\1r. HALE. That is not exactly a restriction. It is an en- The VICE-PRESIDENT. The Secretary will state the amend largement. ment proposed by the Senator from Maine [Mr. HALE]. Mr. WARREN. It is an enlargement; but it is restricti-ve 'l'be SECRETARY. On page 82, line 13, after the word "Navy," in one sense, because the Department can not accept anything it is proposed to insert: that is lighter for the armor or armament. Provided, That before any proposals for said battle ship shall be is Mr. KE.AN. How are we to know what is the idea to be car sued or any bids received and accepted, the Secretary of the Navy shall ried out? report to Congress at its next session full deta ils covering any plans 1\lr. WARREN. I am hoping that the Senator from New Jer and specifications for such battle ship, including its displacement, draft, and dimensions, and the kind and extent of armor and armament sey will find out. therefor. · l\Ir. KEAN. I am trying to find out from the Senator from Mr. HALE. I do not want the Secretary to report the de Maine. tailed plans. I suppose those words will have to be stricken out. !r. HALE. Undoubtedly it is a very general provision with I wish the Secretary would again read that part of the amend out any kind of limitation that the House has put in the bill. ment. 1\lr. WARREN. Does not the Senator think it is too loosely The Secretary r~ad as follows : drawn? The Secretary of the Navy shall report to Congress at its next session Mr. HALE. It is pretty loosely drawn, there is no doubt. full details covering any plans and specifications-- Of course this could be done. If the ship is to be so enormous Mr. HALE. Covering the type of such battle ship. it will take six months or perhaps more for the plans to be made. Mr. WARREN. I call the attention of the Senator from It is to be a structure so entirely different from anything that Maine to the first two or three lines of the amendment. Does has been authorized heretofore that the Department has to be propose to strike out the plans? make plans and gi\e measurements and to form a complete Mr. HALE. Leave out" plans," so tliat it will provide for the scheme. The· conte t had been made in the House and was type of ship. · carried there by a large majority in fa•or of the sllip. The The VICE-PRESIDENT. _Is there objection to the adoption only thing that could be done would be to provide that at t.he of the amendment which has just been stated? next session of Congress, before any bids are offered to be recei•ed, the Secretary of the Navy shall submit to Congress Mr. WARREN. I ask that the amendment may be again what would cover the suggestion of the Senator from New stated. Jer ey and the Senator from Wyoming-a plan giving in detail Tile VICE-PRESIDENT. The Secretary will again read tile what the Department propo es with this ship, which will cost amendment. when she is completed somewhere from $10,000,000 to $11,- The Secretary read as follows: Provicled, That before any proposals for said battle ship shall be Is 000,000. sued, or any bids received and accepted, the Secretary of the Navy shall Mr. CLAY. Right there I shall be glad to ask the Senator report to Congress at Its next session full details, covering the type ot what amount have we paid for battle ships heretofore? How such specifications for such battle shlp-- much did we pay for the Oregon? I believe the Oregon cost us Mr. HALE. No ; that will not do. It should read " covering D.lore than any other. ship we built, did it not? the type of such battle ship and the specifications," so that we Mr. HALE. No. The 0Tegon was of the class of 10,000 or may see what kind of a ship it is proposed to build. 1906. CONGRESSIONAL, REOORD-SENATR 7841 l\1r. SPOONER. We must have the .plans and specifications, pared to say what it will do beyond that on the very question for they are called for in the bill. · raised by the Senator, which is a. very grave question. 1\fr. HALE. Yes. Mr. TILLl\fAN. Will the Senator allow me? 1\fr. WARREN. Unless this amendment cuts them out. I Mr. HALE. I hope the Senator will wait until I answer the wish to call attention of the Senator from Maine to the first Senator from Georgia. part of the amendment in reference to the submission of pro Mr. TILLl\f.AN. Very ell. posals. That seems a good provision. l\fr. HALE. If we built a 20,000-ton or a 21,000-ton ship Mr. HALE. I think it is a wholesome provision. Of course, which is enormous and beyond what anybody anywhere else the theory of this is that the Secretary goes on and makes his has thought about-it will be a question whether we shall em plans. He- has to do that. I do not know that I want him to bark in a scheme by which all subsequent vessels that we build submit detailed plans; but before be issues any pToposal it will shall be o~ that kind, therefore making obsolete those which }Je necessary to have plans. · we have already built, and we shall be in a better condition to l'iir. W A.RREN. This clause will provide that he receives meet that question next December, when we will see just what proposals before he submits plans. the Department proposes to· do as to this enormous ship. At l\lr. HALE. I do not want him to do that. present we do not know. 1\Ir. WARREN. No; but you want to authorize him to. ask 1\fr. BACON. I understand, then, from what the Senator now for a submission of plans. says, while this authority is given to the Secretary of the Navy, Mr: HALE. Undoubtedly; I do not pTopose to strike that out it is not understood that the Government is so thoroughly com "1\Ir. WARREN. The only question is, whether the first two mitted to the construction of this ves-sel but that if between now li..nes of the amendment as stated do not cut that out. and next December the committee, over which the Senator so. Mr. H.A.L.E. No ; that does not apply to that. It only applies ably presides, will be able to bring to the attention of the Sen to the ship itself. ate reasons why it should not be constructed, there would be The VICE-PRESIDENT. The question is on agreeing to the time to call a halt? amendment propo ed by the Senator from Maine [Mr. HALE]; l\Ir. HALE. All that will be left to Congress. ;which will be stated. Mr. TILLl\IAN. 1\fr. President--. The SECRETARY. On page 82, after line 13, it is proposed to The VICE-PRESIDENT. Does the Senator from Georgia insert: yield to the Senator from South Carolina.? Provided, That before any proposals for said battLe sWp shall be is l\fr. BACON. I will in just a moment, if the Senator will sued, or any bids received and accepted, the Secretary of the Navy shall pardon me until I finish my sentence. I want to say to report to Congress, at its next session., full details covering the type of such battle ship and the specifications. for the same, including its dis the Senator from Maine [1\Ir. HALE] that I am very much grat placement, draught, and dimensions, and the kind and extent of armor ified by his statem~nt, because I have been impressed with the and armament therefor. importance of this matter, not as concerning this particulru The amendment was agreed to. shlp, but as to the tremendous. departure upon which we have 1\fr. BACON. Mr. President, if I understand the purpose of -entered,. if this· is determined upon as the type· of ship which this provision, it really marks the beginning of a. new era~ or we are compelled to have irr order to cope with other nations rather, I should say, a new departure in the character of vessels who construct simi:J.a.r ships. Now, I yield to the Se-nator from of war to be constructed by this Government. I suppose we all Soutll Carolina. understand the fact that the influence which has brought about Mr. TILLMAN. 1l want to ask tll.e Senator from 1\Ia.ine if the provision for the construction of this monsteT battle ship is the delay involved in this amendment makes it somewhat prob the information which we have had as to the construction of a lematical as to whether or not this ship will be finally: ordered, similar ship by one of the great naval powers of Europe. I what is the particular need of an appropriation now? desire the opinion of the Senator from Maine [Mr. HALE} on Mr. HALE. There is not any appropriation now. that proposition. Mr. TILL1\IAN. There is $6,000,000 appropriated for- this 1\fr. HALE. The Senator will excuse me. I was interrupted, ship of the type of the Dreadnought. and did not catch his remark. Mr. HALE~ That is a limitation exclusive of armor and 1\fr. BACON. I understand. the Senator can not listen to· two armament. It will cost nearly twice that, including those items~ Senators at. the same time. I do not criticise him for his failure lllr-. TILLMAN. I know, but the Senator weU understandl'! to do so. because he and I have often discussed this question together What I wanted to say was that our action in this· matter, I in the- Naval Committee--that it seems to be the ambition of the presume, is based upon the assumption that a ship of this class ooard of officers who plan our vessels to outdo themselves is so superior in its power to the ships of a lower class that if every succeeding year. They grow bigger and bigger, until, I one nation has a ship of this description those who may be am afraid, they will become like the frog who tried to equal called upon to cope with that nation must have vessels of the the ox. and bm·st after a while by swelling. It appears that same class. If that suggestion were limited in its application there ought to be some stopping place in this matter of naval to one or two ships, it would be a comparatively insignificant construction, some limit of utility and common sense, beyond matter.- but the point about which I want to ask the Senator's which the Congress wc;m1d ask the Navy Department to halt. suggestion is this : Whether if it is recognized that ships of We have read of battles between whales and swordfish. I this class are so much more powerful than ships· of another have read such stories, as every man here has, and we know class, that recognition will not involve necessarily in the future how much trouble the great leviathan had in battling with. a not simply the construction of one great battle ship, but prac school ·of swordfish. That simile occurs to me as an. illustra tically the discarding of all ships of a minor class and in the tion of the inutility, the uselessness, and· the dangerous condi future the furnishing of our Navy practically with vessels of tion into which a great ship like this might be if a lot of tor this class? I do not know whether or not the Senator has pedo boats o~ submarines or other destructive agencies, or even been able to hear me, because he has been so frequently inte~ smaller vessels having equally good guns that could pierce her rupted by others during the fu:ne I have been speaking._ armor or pierce her hull, should be her adversaries. 1\Ir. HALE.· I think I see clearly what the Senator has in There is in an immense ship such as is contemplated such mind. One reason why the amendment whi-ch has been: agreed an immense amount of· money involved and so many lives in to is a good one is that before- anything·final is done about this vol'ved that I think it is time the question ought to be seriously sbip-- considered by Congress whether we ought not to demand of 1\fr. B.AQON. The Senator· is no-t directing his attention to the Navy Department that they shall halt, not in the proper and what I stated at all. I said nothing about the amendment. legitimate expansion of the Navy, but in its excessive growth. Mr. HALE. I shall come to that presently. It seems to me we are getting a na,vy that is about as large as we Before anything final is done and befoTe we enter upon. the ean well afford to keep going. Whenever we shall have com construction of this ship we shall, under the terms of the pleted the vessels now ordered, the naval appropriation bill will amendment, have it reported to us how large this· ship is in run up to $50,000,000 more than is required now ; and the ambi tended to be and what her dimensions are to be before Con: tion of naval officers to. continue to grow and grow and expand, gress acts in appropriating, We shall also have the benefit of to emulate Germany and to emulate England and to outdo· them, the time between now and next December in seeing what is to my mind is reprehensible. It is incumbent upon us· here to developed in other nations. Some of them propose to experi indicate that we do not approve of this policy, and that, while ment in the direction of these big ships. I do not think that we are willing always to vote the money necessary to give us any of them have gone further than an 18,000-ton ship, but the a navy commensurate with the needs of the country, we have design of the Department in tbis case is a 20,000 or a 21,000 ton very nearly: reaqhed that point, and we· do not want this great ship-away beyond what any other nation has proposed. Just big $10~000,000 vessel. which a little rock might destroy. bow that immense size and increase of size will be- taken we Senators will recollect that four or five of these oattle shiQS ,will k.n.ow in Dec~mber, and Con~ress will be then bette1: pre- ran aground and came near sinkin·g each other in New York 7848 CONGRESSIONAL RECORD- SENATE. JUNE 5, Harbor only this last winter; and we have· ·recently had a dis- Mr. TILLMAN. We will have $15,000,000 ships. aster ln the shape of an explosion in-a turret of one of our Mr. BACON. We will have $15,000,000 ships to keep up battle ships. Our naval officers appear to be very careless in with the ships which some other nation will construct. handling these costly yessels or very unfortunate or some- I confess that the problem suggested is one very difficult of thing-! do not know what is the matter-and we will either solution. We ought, of course, to be prepared to hold our own, lm-ve to begin to check up on this IQnd of construction or we to have a naval strength capable for all our needs; but whether will bave to increase ·the-efficiency of those haiidling ·these ships, or not anything beyond that is necessary is a grave question. else it will be a very costly lesson we will have learned after a If it is not necessary, the future in the matter of naval con- while. struction, in the sacrifice of what bas already been constructed, .l\1r. BACON. Mr. President-- and in the tremendous expense in the creation of new navies, Mr. HALE. Will the Senator from Georgia allow me? one after the other, as these developments come in succession, Mr. BACON. Certainly. is truly, I repeat, appalling. Mr. HALE. All the considerations presented by the Senator Mr. LODGE.- Mr. President, I think it is true-and I have from South Carolina [Mr. TILLMAN], I think, are met by the made some inquiries in regard to the subject-that we have amendment to which the Senate has agreed. I do not think to-day fewer obsolete ships in our Navy than bas any country nnybody wants to now increase-the naval establishment over in the world. The fact is, I think, that to-day there is only one and beyond what we have and will have when the ships now ship-1 am speaking now of those ships which constitute the building are completed. It has been a sort of understanding backbone of the Navy, which constitute the Navy, the battle that one ship a year should be provided to take the place of the ships and armored cruisers-! think there is only one to-day ships that will go out of commission as they reach that point that would be called obsolete and that the Department would in the natural life of ships when they have to be retired. be glad to withdraw, and that is the Texas, which was built on ·When we get, Mr. President, the American Navy as it will English plans. I repeat we have fewer obsolete ships than any be· when the ships now building are completed; it will be in other country in the world. We have built and are building effectiveness th~ second navy in-the world. It will · not be as a naval force which will stand third in numbers and tonnage, large as the · French navy, but our ships will be better, more and, as the Senator from Maine has said-and I quite agree modern, more useful, more potent, and terrible engines of war, with his belief-it will be second in point of fightitlg efficiency. should there eyer be war. I do not think that we need to in- The Navy is large enough. All that is necessary for us to do crease their number, but only to provide for keeping the Navy is· to maintain it at the high point of efficiency and perfection up by constrJ,lcting perhaps a ship a year. which it has now reached. We want to have the force, the in- What type of ship that shall be· I do not think we are pre- strument, as perfect as possible. pared to say. We might strike out this provision entirely and The very large ships, of which England bas launched one, do nothing; but I do not think that would be very wise, in- and, I believe, Germany is planning for two, are, I suppose, asmuch. as it bas passed the House of Representatives, after I to a great extent experimental. I think there are differences of full debate, and bas had put upon it the amendment agreed opinion as· to their valrie even among naval experts themselves. to by the Senate, which defers final action until next winter. But I do believe that in order to keep our force at the bigbcst That course will not delay anything, because the plans for a point of efficiency, it is necessary for us to make an experi nbip of this kind involve such an immense labor that I fancy ment in that direction. I think the Senator from Georgia is the Secretary of the Navy, with all his offif:!ers, will ba_ve to mistaken in saying that, ev-en if ships of this large size- wltip up his force to get . ready a report to us in December 18,000 or 20,000 tons-should prove successful and all that their as to just what kind of a ship shall be built. Tben we cnn advocates expect, it would render obsolete the other ships in the settle the question whether we are going into the building of Navy. We have to-day in the Navy ships of 10,000 tons, of the these prodigious ships, and, if so, bow far and to what extent. 01·egon class, and ships of 16,000 tons, of the Oonnecticut class. Mr. BACON. Mr. President, I am gratified that there is Mr. BACON. Will the Senator from Massachusetts pardon this much time reserved by Congress for ex~ination a.nd calm me? I do not wish to be understood as suggesting that they conclusion to be reached. At the same time I am ve.ry free would immediately become obsolete. to confess that I have very little hope but what the result will Mr. LODGE. I understand that. be that the construction of this ship will be determined _upon. Mr. BACON. I mean that as soon as the navies of otbe1· I have every confidence in the conservatism of the honorable countries are filled with the larger class of ships our present Senator who is chairman of the Naval Committee [Mr. HALE], ships would be unable to cope with them, and would thus become and I know that if it is possible to reconcile the omission to obsolete. . build this ship with what may be considered the public needs, ·Mr. LODGE. The 01·egon, the Massach,nsetts, and the Indi- the ship will not be built. ana, which were our first three battle ships, are to-day, despite The serious feature connected with it, to my mind, is the one their inferior speed and despite their low free board, which I which I have already suggested. Of course I recognize the regard now as an admitted mistake in design, with their heavy fact that the amendment offered by the Senator from Maine, guns, perfectly fit to take their place in the line of battle. I wbkh bas been agreed to by the Senate and which has been say that on the authority of some excellent naval officers, whose ingrafted upon the bill, is as far as we can go now in con- judgment, I believe, would command universal respect. They serving what may be to our interest in the future; but, if tbe are well armored, and they carry heavy guns, and the fact that argument upon which_ the construction of this ship is based we have some 16,000-ton vessels just coming off the stocks now is that 'the fact of a similar ship or of similar ships being con- and going into commission does not render those ships useless -structed by other nations makes us unable to cope with those at all. nations unless· we have ships of similar magnitude and power, The Senator from South Carolina referred to the carelessness the consequences to flow from that conclusion are immense and of our officers. I do not think they are to be blamed, althouO'h appalling. The argument must be based upon the suggestion there may have been carelessness in one recent instance. But already made that our ships would be unable to cope with those accidents and mishaps are likely to happen in any navy. sbips ·of that class; otherwise it would not be necessary to build It is only a ""'few days ago that one of the· new battle ships of a ship to cope with such ships . . If that conclusion is recog- the English navy, the Montague, was held up on a perfectly well nized as a correct one, it must follow that all the ships we now known rock in Bristol Channel and was seriously if not fatally have will in a short time be obsolete. injured. I believe we are pursuing exactly the right policy. I recollect, Mr. President-it bas been but a few years ago-- We have reached the number of-ships which is sufficient. I do when the Senator from Maine, in charge of the naval appro- not think we ought to have any further expansion in ·numbers priation bill, then as now spoke of the proposition to- construct at present, certainly. But I do think that it is all essential an $8,000,000 ship. The largest type before that was a I that we should maintain our present force of battle ships at the $G,OOO,OOO ship; and the Senator from Maine deprecated the highest stage of efficiency, and as we supply the loss year by construction of an $8,000,000 ship. That was then considered year we should supply it by ships of the very best and most as the· largest, that was the ne plus ultra, something beyond modern type. The amendment suggested by the Senator from which we would not go; yet in two or three years we stand Maine will certainly save us from any undue committal to this confronted with a proposition that almost 50 per ·cent in point policy. But I believe myself that it is a sound one, and that of magnitude and expense must be added to the type of our Congress will adopt the House provision when the time comes. naval vessels. Mr. BACON. Will the Senator permit me to make another Of course, as suggested by the Senator from South Carolina inquiry of him? [Mr. TILLMAN], the time is only distant a little in the future · Mr. LODGE. Certainly. .when this $11;000,000 ship will be considered to be too small Mr. BACON. If this particular type of ship should be deemed to cope with the even larger battle ships which other nations essential or if it should be deemed to go beyond the experimental will construct. stage, do I understand the Senator to be of the opinion that 1906.. :; CONGRESSIONAL RECORD- SENATE. 7849 hereafter that is the type of ship which we should construct in ties, disasters-a ship getting sunk, or something like that. I keeping up the Navy? want to know, if. anyone is able to tell -me-l have not !Jei)n Mr. LODGE. 'I bat it is impossible for anyone to answer; alJle to find out-what is the average life of one or' these. s"!Jiv,;; but my judgment would be that the one ship we need a year with steel hulls? pnd I see no reason to build more-to supply loss and wearing Mr. LODGE. The three that were authorized in 18DO have out should be of tbe most successful type. If the large sbip is been refitted and done over this year. found to be best, I suppose the new ships as they are built would 1\fr. TILLMAl~. But their hulls were not done O\er. be of the large type in preference to the small one. Mr. LODGE. No; their hulls were not, and they, we k110:w, • . 1\Ir.- BACON. Will the Senator from Massachusetts permit have bad a life of eleven or t-welv-e years certainly. me to ask bim another question, as he has been giving this mat Mr. TILLMAN. Are they not now just about as e~cient as ter careful thought and in\estigation. The Senator speaks of ever? this type of ship as being experimental. I should like to get Mr. LODGE. They are as efficient as they ev e 1~ were. We the suggestion of the Senator as to what will determine the have improved the type-- . question; wbat will be the develpoment which will put it beyond Mr. TILLMAN. Are they not likely to last another fifteen the experimental stage? Anything short of experience in battle? years with another doing over.? 1\Ir. LODGE. Yes; I think hort of experience in battle. l\fr. LODGE. That of course I can not sav. They can tell whether it is ad,antageous to have ships of this :Mr. TILLMAN. Does the Senator know· anything abont the Tery large size, which, of course, carry heavier armaments of life of English battle ships? Englap_d went into this business guns than the other ships carry, or whether a ship of 2,000 or before we did, and_has older ships than ours. _ 3,000 tons less is on the whole better. I think that can be told Mr. LODGE. England has mapy ships not fit to go into the without going to the exh.'eme of battle. But it is to be noted fighting line, because they are armored with the compound iron that the Japanese, who have had th~ largest experience and the plates, inferi_or_ plates. Our vessels are armored with tbe very latest in the m:magement of battle ships and torpedo destroyers, best plates as a rule. In fact, we have no compound iron are building large armored ships, and I think their judgment is armored plates. I do not know bow many ships in the English as good and as recent as anybody's. navy can be said to be obsolete. I am satisfied tilat one ship-a 1\Ir. BACON. 'l'he question whether or not a ship of a certain year will enable us to maintain our Navy in its present efficiency. type is efficient can be determined in time of peace, so far as Mr. HALE. On page .72 I move to strike out lines -11, 12, 13, speed is concerned and so far as power of guns is concerned, 14, and 15, and insert what I send to the desk. but the actual experiment which will test the question wbetller The SECRETARY. On page 72, in lieu of the proposed amend it is desirable or not can only be determined in battle. ment of the committee in lines 11, 12, 13, 14, and 15, it is pro Mr. LODGE. A great deal can be done by maneuvering, as posed to in~ert : the Senator from New Hampshire [Mr. GALLINGER] suggests, That the President be authorized to appoint, by and with- the advice and by testing the speed. and consent of- the Senate, two additional professors of mathematics We led the world in building a battle ship of 16,000 tons. in the Navy, who shall have extra numbers in said list and who shall take rank therein according to that held by them, respectively, when We began the building of big ships, and the success of that so appointed, if such appointees are ·officers of the Navy, otherwise at policy bas been demonstrated. However, I know there is a the foot of said list. - · division of opinion as to whether it is better to go beyond that, and that point can only be settled by trying at least one ship. The amendment was agreed to. If we wish to keep up, as we do, I think, the highest efficiency, Mr. HALE. The only amendment' left is on page 7. · After it seems to me it is the part of wisdom to build this ship and the amendment which has been agreed to there I move to insert wake our own experiment with it. 'l'be Japanese opinion, what I send to the desk. which I regard as perhaps the best opinion in the world at this The SECRETARY. On page 7, line 6, after the word " rank," it moment, certainly is that the armored battle ship is the essen is proposed to insert : · · tial feature of th~ navy. Pt·oviqed, That when such office becomes vacant the solicitor shall thereuftet· be appointed from civil life in the manner :llld at the com- Mr. TILLMAN. I should like to ask the Senator from pensation now provided by law. - Massachusetts a question. l'llr. LODGE. Certainly. The amendment to the 'amendment was agreed to. Mr. TILLMAN. I have not been able to discover the infor The amendment as amended was agreed to. mation, although it may exist somewhere; but have we had The reading of the bill was resumed. these battle ships, or bas any nation had them, sufficiently long The next amendment of the Committee on Naval Affairs was, to know within reasonable limits what is the life of one· of under the subhead "Increase of the Navy," on page 84, line 16, them? The Senator speaks of one a year, taking the place of before the word "tests," to strike out "competitive;" and in those that go out by the limitation of its life or usefulness. line 19, before the word " tests," to strike out " competitive ; " in Mr. LODGE. There are casualties and there is the natural tbe same line, before the word" months,"· to strike out"_twelve" wearing out. 'Ve have not one that has become obsolete. I and insert " nine · " and in line 20 after the word " act " to in was very much pleased to hear that the Oregon and the sert "and-for su~h purpose the s~ of $1,000,000 is be{·eby ap Indiana and the Massachusetts, alth01,1gh considered now of propriate9-;" so as to make the clause read: inferior type, are regarded as perfectly effective vessels to put The Secretary of the Navy is hereby authorized, in his discretion, to in line of battle. They were built fifteen years ago. contract for or pu.rchase subsurface or submarine torpedo boats to an nn::.ount not exceeding $1,000,000, after such tests as he shall see fit Mr. TILLMAN. I do not think we have any that are obso to prescribe to determine the comparative efficiency of the different lete. boats for which bids may be submitted: Provided, That such tests shall Mr. LODGE. Not one. take place within nine months from the date of the passage of this act ; Mr. TILLMAN. We have vessels that are not up to the and for such purpose the sum of $1,000,000 is hereby appropriated. • latest type. Mr. KEAl~. I have no objection to agreeing to the amend . Mr. LODGE. We have not a single obsolete vessel in what ment, but if I caught the reading of it correctly, it is a contract we may call the fighting line of the American Navy. The for $1,000,000, authorized by the House of Representatives, but T exas wa-s a poor one. it seems by the way this is printed-- Mr. TILLMAN. And yet the Texas behaved very beautifully Mr. HALE. We put the money in. at Santiago. Mr. GALLINGER. The House forgot it. 1\ir. LODGE. Yes; but she is of very inferior speed That is Mr. KEAN. That is the reason for the increase of a million due to defects in construction. She is not worn out. On these dollars? vessels that I have referred to considerable money bas been 1\Ir. HALE. Yes, sir. The House sought to keep the figures spent. down by leaving out the appropriation. Mr. TILLMAN. Have we not been spending a great deal of Mr. KEAl~. But they wanted the boats. money on them every year or two? The amendment was agreed to. 1\Ir. LODGE. No; the Senator is mistaken. A large amount Mr. HALE. On page 85, line 5, I move to strike out the words has been spent on them within the last year, because they have "herein authorized." been done over, but before that there was nothing but the or The SECRETARY. On page 85, line '5, after the word "'Vessels," dinary and usual repairs. They were extremely well built. it is proposed to strike out the words "herein authorized." Mr. TILLMAN. I should like to ask a question. With the The amendment was agreed to. number now in the neighborhood of thirty-twenty-seven, I be The reading of the bill was resumed. The next amendment lieve it is-will building one a year be sufficient to keep the Navy of the Committee on Naval Affairs was, on page 85, line 9, to at that standard? In other words, in order to arrive at that increase the appropriation for the total increase of the Navy determination we must find out what is the average life of a from $32,975,829 to $33,975,829. battle ship. We have to make so~e little allowtmce for casual- The amendment was agreed to. 7850 CONGRESSIONAL RECORD-SENATE. JUNE 5, The next amendment was, on page 85 line 14, after the word MESSAGE FROM THE HOUSE. "given," to insert "herein;" so as to make the clause read: A message from the House of Representatives, by Ur. W. J. That no part of any sum appropriated by this act shall be used for BROWNING, its Chief Clerk, announced that the House had any expense of the Navy Department at Washington unless specific passed the following bills : authority be given for such expenditure. S. 2623. An act for the extension of Euclid street, in Meridian The amendment was agreed to. Hill, District of Columbia; The reading of the bill was concluded. S. 4299. An act to amend section 4421 of the Revised Statutes Mr. McCUMBER. I offer the amendment I send to the desk. of the United States, inspection of steam vessels ; ~'be SECRETARY. On page 38, after line 16, it is proposed to S. 4G98. An act for the preservation of American antiquitico:;; insert the following : S. 54S9. An act to provide for sittings of the circuit and dis Naval station, Hawaii: For the reclamation of that portion of the trict courts of the southern district of Florida in the city of naval station at Honolulu, Hawaii, known as the "Reef," from ma Miami, in said district ; terials now being dredged from the harbor at Honolulu, and for the S. 6288. An act to create a new division of the western judi necessary dikes or retnining walls, $35,000, or so much thereof as may be necessary, to be immediately available. cial district of Texas, and to provide for terms of court at Del Rio, Tex., and for a clerk for said court, and for other purposes; The amendment was agreed to. and l\Ir. CLAY. I wish to call attention to page 15, lines 23 and S. 6329. An act authorizing James A. Moore, or his assigns, 24. The bill as it passed the House provided " toward the ac to construct a canal along the Government right of way con cumulation of a reserve supply of powder and shell, $1,000,000." necting the waters of Puget Sound With Lake Washington. On motion of the committee, the Senate has stricken out " one The message also announced that the House had agreed to million " and inserted " two million three hundred thousand " the reports of the committees of conference on the disagreeing dollars-more than double the appropriation for that item. votes of the two Houses on the amendments of the Senate to There ought to be some explanation of it the following bills : 1\Ir. HALE. The Department asked for $4,600,000, and the H. R.14397. An act making appropriation for the support of Secretary appeared before the committee and showed that we the Army for the fiscal year ending June 30, 1907 ; are very hard up with reference to powder and shell and in H. R. 17576. An act for the entry of agricultural lands within a condition where we may at any time find ourselves without forest reserves ; and any supplies or stores. The committee did not give what the H. R.18502. An act to empower the Secretary of War, under Secretary ahd the Department asked for, but after the fashion certain restrictions, to authorize the construction, extension, of appropriation bills and other things, we split the difference and maintenance of wharves, piers, and other structures on and gave them half that they asked. That applies also to lands underlying harbor areas and navigable streams and bodies reserTe guns. of waters in or surrounding Porto Rico and the islands adjacent Mr. CLAY. The Senate has doubled the House appropriation. thereto. . Mr. HALE. It does not in any way meet what they want, The message further announced that the House had dis~greed but it gives them a reasonable sum. We have to have powder to the amendment of the Senate to the bill (H. R. 1160) grant and shells and guns, and Senators must remember that the ing an increase of pension to Eliza Swords, asks a conference naval establishment is· on the highroad to more and more ex with the Senate on the disagreeing votes of the two Houses pense all the time. Ev~-y ship we launch requires to have a thereon, and had appointed Mr. CALDERHEAD, Mr. CHANEY, and force of men, and it costs all the way from half a million to Mr. DrxoN of Indiana managers at the conference on the part three-quarters of a million to run it We must have powder of the House. and shells and guns and everything of that kind. Some day The message also announced that the House had disagreed to or other the country will appreciate what Congress is doing the amendments of the Senate to the bill (H. R. 9813) granting for the Navy and how immense the sums are that we are a pension to Hariet T. Sanders, asks a conference with the· giving and how immense the sums must be to keep up this Senate on the disagreeing votes of the two Houses thereon, great Navy of ours. The committee has dealt with it as well and had appointed Mr. SAMUEL W. SMITH, Mr. FULLER, and M:r. as it could. The House struck down a good many items. The KELIHER m::tnagers at the conference on the part of the House; Senate has increased hardly any items. These are the only The message further announced that the House had disagreed to ones of any size that the Senate has increased, and instead of the amendments of the Senate to the bill (H. R. 19432) to au giving the Department all they wanted we give them half. thorize additional aids· to navigation in the Light-House Estab- - Mr. DICK. I desire to offer an amendment lishment, asks a conference with the Senate on the disagreeing The VICE-PRESIDENT. The Senator from Ohio offers an votes of the two Houses thereon, and had appointed Mr. MANN, amendment, which will be stated. Mr. STEVENS of Minnesota, and Mr. ADAMSON managers at the The SECRETARY. On page 6, at the end of line 10, it is pro conference on the part of the House. posed to insert : The me sage also announced that the House had disagreed to the amendments of the Senate to the bill (H. R. 18030) making Provided, That hereafter the pay and allowances of chaplains shall be the same, rank for rank, as- is or may be provided by law for officers of appropriations for the support of the Military Academy for the line and of the Medical and Pay Corps, all of whom shall hereafter· tbe fiscal year ending June 30, 1907, · and for other purposes, recetve the same pay on shore duty as is now provided for sea duty: asks a conference with the Senate on the disagreeing votes of And provided further, That the present pay and allowances of any the two Houses thereon, and had appointed Mr. Hm, 1\lr. officer now in the Navy shall not be reduced. PARKER, and l\Ir. SLAYDEN managers at the conference on the The amendment was ·agreed to. part of the House. 1\!r. GALLINGER. I submit an amendment to be inserted immediately following the amendment just agreed to. INSPECTION OF MEAT PRODUCTS. The VICE-PRESIDENT. The Senator from New Hampshire The VICE-PRESIDENT laid before the Senate the following offers an amendment, which will be stated. message from the President of the United States; which was The SECRETARY. It is proposed to insert, after the amendment read, and, with the accompanying paper, referred to the Com just agreed to, the following : - mittee on Agriculture and Forestry, and ordered to be printed: Provided further, That from ana after the passage of this act the The Senate and House of Representatives: pay and allowances of civil engineers and pr-ofessors of mathematics in I transmit herewith the report of Mr. James Bronson Reynolds and the Navy shall be the same as are ot• may be provided by or in pursu Commissioner Charles P. Neill, the special committee whom I appointed ance of law for naval constructors, and the pay and allowances of to investigate into the conditions in the stock yards of Chicago and re nssistant civil engineers the same as for assistant naval constructors. port thereon to me. This report is of a preliminary nature. I submit it to you now because it shows the urgent need of immediate action by The amendment was agreed to. the Congress in the direction of providing a drastic and thoroughgoing The bill was reported to the Senate as amended, ana the inspection by the Federal Government of all stock yards and packing houses and of their products, so far as the latter enter into interstate amendments were concurred in. or foreign commerce. The conditions shown by even this short inspec 1\Ir. FORAKER. I was called out of the Chamber for a mo tion to exist in the Chicago stock yards are revolting. It is impera ment, and while I was out, on page 72, an amendment was con tively necessary in the interest of health and of decency that they should be radically changed. Under the existing law it is wholly im sidered which I should like to have time to read. [After a possible to secure satisfactory results. pause.] In view pf the explanation made to me I will not offer When my attention was first directed to this matter an investigation the amendment I had in hand to offer. was made under the Bureau of Animal Industry of the Department of Agriculture. When the preliminary statements of this investigation Mr. HALE. I think that is all right were brought to my attention they showed such defects in the law and The amendments were ordered to be engrossed, and the bill to. such wholly unexpected conditiong that I deemed it best to have a further immediate investigation by men not connected with the Bureau, be read a third time. and accordingly appointed Messrs. Reynolds and Neill. It was im The bill was read the third time, and passed. possible under the existing law that satisfactory work should be done 1906. CONGRESSIONAL RECORD-SENATE. 7851 by the Bureau of Animal Industry. I am now, however, examining pension to Eliza Swords, and requesting a conference with the the way in which the work actually was done. Before I had received the report of Messrs. Reynolds and Neill I Senate on the disagreeing votes of the two Houses thereon. had directed that labels placed upon any package of meat food prod Mr. McCUMBER. I move that the Senate insist upon its ucts should state only that the carcass of the animal from which the amendment, agree to the conference asked by the House of meat was taken bad been inspected at the time of slaughter. If inspec tion of meat food products at all stages of preparation is not secured Representatives, and that the conferees on the part of the Sen by the passage of the legislation recommended I shall feel compelled ate be appointed by the Chair. to order that inspection labels and certificates on canned products shall The motion was agreed to; and the Vice-President appointed not be used hereafter. • The report shows that the stock yards and packing houses are not Mr. McCuMBER, Mr.· ScoTT, and Mr. TALIAFERRO as the con kept even reasonably clean, and that the method of handling and pre- ferees on the part of the Senate. paring food products is uncleanly and dangerous to health. Under HARIET T. SANDERS. existing law the National Government has no power to enforce in- spection of the many forms of prepared meat food products that are The VICE-PRESIDENT laid before the Senate the action of daily going from the packing houses into interstate commerce. Owing the House of Representatives disagreeing to the qmendments of to an inadequate appropriation the Department of Agriculture is not the Senate to the bill (H. R. ·9813) gr·anting a pension to Hariet even able to place inspectors in all establishments desiring them. ~ The present law prohibits the shipment of uninspected meat to foreign T. Sanders, and requesting a conference with the Senate on the countries, but there is no provision forbidding the shipment of unin- disagreeing votes of the two Houses thereon. spected meats in interstate commerce, and thus the avenues of intet·- state commerce are left open to traffic in diseased or spoiled meats. bfr. McCUMBER. I move that the Senate I·nsi'st upon its If, as has been alleged on seemingly good authority, further evils exist, amendments, agree to the conference asked by the House of such as the improper use of chemicals and dyes, the Government lacks Representatives, and that the conferees on the part of the Senate power to remedy them. A law is needed which will enable the in- spectors of the General Government to inspect and supervise from the be appointed by the Chair. hoof to the can the preparation of the meat food product. The evil The motion was agreed to; and the Vice-President appointed seems to be much less in the sale of dressed carcasses than in the M M C M S d M T th nf sale of canned and other prepared products; and very much less as r. c UMBER, r. COTT, an r. ALIAFERRO as e co erees regards products sent abroad than as regards those used at home. on the part of the Senate. In ~Y judgment th_e expense of the inspec~io~ should be paid by a REGULATION OF RAILROAD RATES fee levied on each ammal slaughtered. If this Is not done, the whole I · purpose of the law can at any time be defeated through an insufficient Mr. TILLMAN. I ask that the conference report on the rate appropriation ; and whenever there was no particular public interest bill may be taken up in the subject it would be not only easy but natural thus to make the · · · . appropriation insufficient. If it were not for this consideration, I The VICE-PRESIDENT. The Senator from South Carolma should favor the Governm_ent paying for the inspection. . asks unanimous consent that the Senate proceed to the consid- The alarm expressed rn . cer~aln quarters concerJ?.ing this feature eration of the conference report on the rate bill Is there ob- should be allayed by a realization of the fact that m no case, under . . . ' · such a law, will the cost of inspection exceed 8 cents per head. JeCtlon? The Chmr hears none. I call special attention to the fact that this report is preliminary, The Senate resumed the consideration of the conference re- and that the investigation is s~ill unfinished. It is _not yet P?Ssible to port on the bill (H. R 12987) to amend an act entitled "An act report on the alleged abuses rn the use of deleteriOus chemiCal com- ;, pounds in connection with canning and preserving meat products, nor to regulate commerce, approved February 4, 1887, and all acts on the alleged doctoring in this fash!on of tainted meat and of prod- amendatory thereof, and to enlarge the powers of the Interstate ucts re!urned ~o the p~c~ers as haVIng growo-n ~nsalable or UD;USabl~ Commerce Commission. from a5 e or from otJ;Ier reasons. Grave alle::.atwns are made m ref- ~r· TALIAFERRO W'll th S t f, S th C 1· erence to abuses of tb1s nature. n r. ' :\. . I e ena or rom ou aro 1na Let me repeat that under the. present law there. is practically .no yield to me for a moment? I have a very short bill that I met~od .of s~opping th~se abuses if they should be . d}~coyered to exist. should like to call up and I ask the indulgence of the Senator LegislatiOn Is needed m order to prevent the possibility of all abuses · . ' in the future. If no legoi.slation is passed, then the excellent results from South Carolma. accomplished by the work of this special commi~tee will endure only Mr. TILLMAN. I am very much disposed always to be so long as the memory .of tbe coiDIDittee'~ work IS fresh, and a recru- courteous to the Senator from Florida or any other Senator but descence of the abuses rs absolutely certam. . . ' • .... I urge the immediate enactment into law of provisions which will It IS very late. If I had assurances that some other Senator enable the Department of Agriculture adequately to inspect the meat would not want me to yield to him, I would yield to the Senator and meat food products entering into interstate commerce and to super- from Florida vise the methods of preparing the same, and to prescribe the sanitary .' · . . . . conditions under which the work shall be performed. I therefore com- Mr. TALIAFERRO. ThiS bill Will not take two mmutes, mend to your favorable consideration and urge the enactment of sub- unless there is objection. stantially the provisions known as Senate amendment No. 29 to the M TILLMAN I ·u · ld t th s t 'th th d act making appropriations for the Department of Agricultut·e for the r.. · WI . Yle o e ena or, WI e un er- fiscal year ending June 30, 1907, as passed by the Senate, this amend- standmg that I can not yield to anybody else. ment being commonly known as the "Beveridge amendment." THEODORE ROOSEVELT. FLORIDA SEMINOLE INDIAN WAR. THFJ WIIITE HOUSE, June _q, 1906. Mr. TALIAFERRO. I ask unanimous consent for the pres MILITARY ACADEMY APPROPRIATION BILL. ent consideration of the bill (S. 5924) to extend the provisions The VICE-PRESIDENT laid before the Senate the action of of the existing botmty-land laws to the officers and enlisted the House of Representatives· disagreeing to the amendments of men, and the officers and men of the boat companies, of the the Senate to the bill (H. R. 18030) making appropriations Florida Seminole Indian war. for, the support of the Military Academy for the fisc;al year There being no objection, the Senate, as in Committee of the ending June 30, 1907, and for other purposes, and requesting Whole, proceeded to consider the bill. · a conference with the Senate on the disagreeing votes of the The bill was reported to the Senate without amendment, or two llou es thereon. dered to be engrossed for a third reading, read the third time, Ir. SCOTT. I move that the Senate insist upon its amend and passed. ments, agree to the conference asked by the House of Rep REGULATION OF RAILROAD RATES. resentatives, and that the conferees on the part of the Senate The Senate resumed the consideration of the conference re be appointed by the Chair. port on the bill (H. R. 12987) to amend an act entitled "An The motion was agreed to; and the Vice-President appointed act to regulate commerce," approved February 4, 1887, and all Mr. ScoTT, Mr. HEMENWAY, and Mr. PETTUS as the conferees acts amendatory thereof, and to enlarge the powers of the In on the part of the Senate. terstate Commerce Commi sion. AIDS TO NAVIGATION. Tile VICE-PRESIDENT. The question is on agreeing to the The VICE-PRESIDENT laid before the Senate the action conference report. of the House of Representatives disagreeing to the amendments Mr. SPOONER obtained the floor. of the Senate to the bill (H. R. 19432) to authorize additional Mr. FORAKER. Mr. President-- aids to navigation in the Light-House Establishment, and re Mr. SPOONER. I yield to the Senator from Ohio. questing a conference with the Senate on the disagreeing l\1r. FORAKER. Mr. President, I do not want to detain the votes of the two Houses thereon. Senate for any very great length of time, but I do want time Mr. NELSON. I move that Senate insist upon its amend enough to say a few words before the vote is taken. ments, agree to the conference asked by the House of Repre In the :first place, in common with every other Senator here, sentatives, and that the conferees on the part of the Senate I obj~ct to the practice to which the conferees have resorted in be appointed by the Chair. this instance of putting new matter in the bill, thereby becoming The motion was agreed to; and the Vice-President appointed legislators instead of intermediaries to adjust differences and Mr. NELSON, Mr. GALLINGER, and Mr. MARTIN as the conferees bring the two Houses together. I need not dwell upon that, on the part of the Senate. however, because the Senator from South Carolina [l\Ir. TILL MAN] in his remarks this morning admitted that it was a bau ELIZA SWORDS. practice. He said that he did not himself approve of it, but that The VICE-PRESIDENT laid before the Senate the action of the conferees had resorted to it because of the exceptional cir the House of Representatives disagreeing to the amendment of cumstances attending the consideration of this measure. the Senate to the bill (H. R. 1160) granting an increase of I will not say anything in addition to what he said on that 7852 CONGRESSIONAL RECORD- SENATE. JUNE 5, subject. But what I want to c..'l.ll attention to, in tbe first place, seductiv-e, indirect bribery which is the cause of all this free is the change they have made as to the clause in :regard to free pass agitation. But I do not know; the House might not ·be passes. The Senate gave that subject very careful considera willing to accept that. tion. It did not recklessly make exceptions to the prohibition 1\lr. FORAKER. I understand the office of a conferee is one against granting free pas es, but named a number of classes that that is not by any means certain as to its results, but it is proper it desired to bm·e exempted from the operation of that prohibi that conferees should know what it is that those they represent tion because of the merit of their claims so to be exempted. desire to have incorporated. I desire to speak first in behalf of the railroad employees. Now, I pass that whole matter by, not because I have said After careful consideration the Senate determined that tbe e.IlY all I should like to say, but because it is well understood, and I ployees for thems~·lv-es and their families should have the privi only wanted in a word or two to suggest what my desire is in lege of securing passes from the railroads on which they are regard to it. employed and other railroads that might be willing to give 1\Ir. President, I find that the conferees have also dropped out .. exchange passes. That has been p.art of the pay for their serv of tlle bill the amendment adopted by the Senate which required ices rendered ever since we have been operating railroads in this that common carriers should give equally good service and ac country. It is a privilege which they merit. There is no class commodations to all who pay the sq.me compensation. I want of men bette1· entitled to such consideration than the men who to speak about that for a moment. take their lives in their bands and render this important service I offered the first amendment on that subject, and when the for all who have occasion to make use of our common carriers. Senate vot-ed on it, because it was coupled with another pro I would argue this at some length if I thought there was any vision, or for some other reason, it failed of adoption. Later necessity for it. i do not think there i any necessity, because the Senator from l\1issom·i [.Mr. W ABNER] offered prnctically the almost every Senator, if not every Senator here, has received same amendment, though couched in somewhat different lan to-day, as I have, numerous telegrams protesting against this guage. When he offered it I offered an amendment t o his discrimination against them, or rather this denial to them of the amendment, which he accepted, and in the form in which it rights and privileges which they have always enjoyed in this appeared when he accepted it it was adopted by the Senate. Tespect. After it had been adopted I commenced to receive, as other I do not know, :Mr. Pres5dent, why we should be solicitous to Senators did, protests from Afro-Americans, some from Boston, -deny to so .de erving a class the consideration that we showed some from Baltimore, some from other points, against the for them when the Senate adopted the provision it sent to con adoption of that amenrupent, upon the theory that it was a ference. It is something that does not cost the public anything. - recognition of what they called the " jim-crow-car " system They are identified with the roads. It bas always been the which has been inaugurated and is now being enforced in some practice of the roads to allow this consideration. I think it of the Southern States. should be continued. I hope, therefore, when our conferees When I offered that amendment I had in view only the pur go into conference again they will remember that not only did pose of securing for those who were compelled to take separate the Senate vote that they should have that consideration shown coaches, wherever they may be so compelled, equally good ac tllem, but that the Senate is still of the opinion that that con commodations. I had no purpose, and so explained, of inter .sideration should be extended to them. fering with the established conditions anywhere. for I knew that Mr. TILLMA.l'l'. 1\fr. President-- was impossible in connection with this rate bill. I had no pur The VLCE-PRESIDIDNT. Does the Senator from Ohio yield pose to approve or disapprove of the so-called "jim-crow sys to the Senator from South Carolina? tem." But I did have in view doing that which every legisla 1\Ir. FORAKER. Certainly. ture throughout the South, where they provide separate coaches, 1.\Ir. TILLMAN. I wish to say to the Senator that it stands has announced they have done, namely, that those who are re to reason that the Senate amendment must have .been amended quired to ride in separate coaches shall be given equally good at the suggestion, and not otherwise, of the Hou e conferees, coaches and equally good accommodations. or else we could not have amended it at all. I for one objected It never occurred to me that anybody in any Northern State to this language which is in the bill, and accepted- it only be would take exception to a provision of that kind upon the the cause I bad to. ory that it was in the nature of a sanction of the provision of Mr. FORAKER. Well, Mr. President~- separate coaches for white and colored men. But when they Mr. TILLMAN. And I will argue and plead with my brethren took that view of the subject, I was at a loss to know. just as at the other end of the Capitol when we get together again to other Senators were, exactly what should be done about it, but give us such consideration in connection with railroad employees I recognized the right of colored people to settle the matter, at least as will continue to them, as L have always been in and therefore I referred the whole matter to the conference favor of doing, the privilege that they now enjoy of being trans committee and they have acted in the way indicated; they have J>Orted free and of having their families transported free. But dropped it out. I can not tell what the House will do. It has some hard-headed Now, before it is passed by fore-ver I want to put into the men, too, and I do not know what we will do in conference. We RECORD some of the correspondence I had occasion to ha-ve on will try to do_the best we can, as we did in this instance. account of the offering of that amendment. I produce tbis :Mr. FORAKER. I only wanted to express my own view because it shows wbat my pru·pose was, and it al o shows the about it, and I hope other Senators will do the same thing, so nature of the objections of those to whom I ha-ve referred. that the representatives of the Senate in the conference will It will appear, Mr. President, that I offered that amendment at least know what is the wish of this body in that respect. in response to scores and hundreds of letter I was receiving Now, there is another class of deserving men that we under from colored men living in different parts of the South, wllich took to take care of, a much smaller class in point of numbers. stated that the separate coaches set apart for them were so They are the secretaries of the Young Men's Railroad Christian inferior in quality and in accommodations that they had noth .Association. They ru·e people who are doing ·a great, good ing like equal treatment. They stated that they were required work, and it is essential that they should have opportunity to to pay the same fru·e, but were requiTed to put up witb unequal tra-vel about over the roads without being subjected to the pay accommodations, so unequal that they thought they were suffer ment of compensation in the way of fares. They are doing ing a grievous wrong. l\Iy idea was that by an amendment of ·service that makes men better, that makes the common carriers that kind put into the bill the Interstate Commerce Commission __ ..... better and more careful of passengers who trav-el over them, would be given especial authority with respect to that matter safer and more acceptable than they otherwise would be. on which it could stand to enforce equality of treatment, and I think they should be included ; and, Mr. President, to make that if equality of treatment should be denied redl'ess could be a long story short, I do not know of a class that the Senate sought, not alone in the courts of the State, but also in the named in its list of exceptions that should not be excepted from courts of the United States. this prohibition. I hope the Senators will insist that the ex Mr. BAILEY. Mr. President-- ceptions named by the Senate to the prohibition against passes The VICE-PRESIDEN'.r. Does the Senator from Ohio yield shall be allowed. to the Senator from Texas? 1\fr. TILLMAN rose. 1\Ir. FORAKER. Certainly. 1\fr. FORAKER. Does the Senator wish to interrupt me? Mr. BAILEY. I do not, of course, pretend to speak as to the Mr. TILLMAN. I was simply going to suggest to the Senator other Southern States, but I do know that the State of Texas that it might do-I do not know whether it can be ·done; it cer practices no such discrimination as that; and I do know that in tainly would meet my own views- if we could say who shall not almost every case one coach bas a partition run through it and have passes, limiting it to officers of the United States, Members negro passengers occupy one part of the coach and the white of the House and Senators, officers of State governments and passengers occupy the other part of it. It is not true of our State legislatures, and then leave the railroads to haul whom State that the carriers provide inferior accommodations for they please free. That would do away with the crying evil, the negro passengers. 1906. CONGRESSIONAL RECORD-SENATE. 7853 Mr. FORAKER. I am glad to have that statement from the that the Commission might have an affirmative provision of law on Seuator from Texas, for I know he would not make it unless which to base an enforcement of equal ~rvice and accommodations. · I offered this amendment because I bad some letters from colored men lie believed it to be true. I am not vouching for any of the throughout the South, as well as from a few colored men in the North, statements that ,...-ere written to me. I am only stating the informing me that in the States where •sepa.rate coaches were provided h . h I ct d the coaches provided for the negroes are always inferior, and in most 1 reason upon w IC a e · cases grossly inferior in quality, in some cases being of such inferior lr. BAILEY. l\Ir. President-- quality a.nd kept in such bad condition as to be almost unfit for the The VICE-PRESIDE~ TT. Does the Senator from Ohio yield transportation of passengers. I do not know what the facts are, but furtller to the Senator from Texas? assuming these complaints are well founded, I thought there was a · duty resting upon Congress to provide against such mistreatment, at 1\Ir. FORAKER. Oertairily. least to the extent of requiring equally good service and accommoda- Mr. BAILEY. I want to say to the SenatOr from Ohio that tions, which is an any colored man writing me from the South has 1. ·u 11 th t I d t t th t · · · his ever demanded, for they all seem to regard the provi::: ions made by the .ue ITI reca a was rea Y 0 agree 0 a provtslon tn State legislatures !or separate coaches as not only likely to be con- amendment. - tinned indefinitely, but as something they have made up their minds to l'Hr. FORAKER. Yes. accept. ~I B "ILEY I b 1· th t th ht to be separated However all this may be, lt is common knowledge that the conditions J) r. n.. · • e Ie>e a e races oug · • in this respect obtaining' in the Southern States could not be disturbed lmt I also belie>e that the n egro race ought to be provided with_ short of a resort to radical legislation, which would be impossible in il<.-connnodations for which they are required to pay. connection with the rate bill, and which, if perchance it might in some Mr. BACO... . Mr. President-- way be adopted as a part of the rate bUl, would probably defeat it. "YICE-PRESIDTi''.._TT. Does the Senntor from Ohl"o meld From considerations of this character I sought to avoid raising the Tlle " ~ w.._., .... , ~ u J1m Crow" car question beyond putting into the bill a requirement to tlJe Senator from Georgia? that where such practice obtains the so-called ''Jim Crow " car shall 1\Ir·. FORAKER. Certainly. be as good and its accommodations as good as others receive. The rr. BACON. I w ·I'sh to di'rect the attention of the Senator purpose ot this was not alone to secure equality of treatment in an(] l\~ ~ of itself, but to give the United States authority through the Commis- from Ohio to the f act that while I objected to his amendment sion to en!orce equality of treatment and to give the courts o! the - ib the original form, when he offered the amendment which was United States jurisdiction to entertain complaints o! discriminations in that respect. I think the amendment all that could be expected under ingrafted upon the bill by the Senate-the amendment to the the circum'!tances. The vote by which my amendment as origin;1lly amendment offered by the Senator from Missouri-! stated the offered was ·defeated shows that conclusively. We must either; there fnct that, so far as I was prepared then to judge, that phrase- fore, accept the Warner amendment, which has been adopted, or do ology was satisfactory, recognizing, as I did, that while the local nothing. I am unable to see how the amendment can work the slightest ~ injury. It seems to me that on the contrary it secures great good. I communities ought to. be left free to judge for themselves as to am sure I do not wish to make matters worse. · the separation of races, wnere parties· paid the same rate of· A day or two ago I had a letter from 1\ir. Clement G. Morgan, an fare they were entitled to equally as good accommodations. attorney at law. 39 Court street, Boston, whom you probably know. I never met him, but from what I have been told of him I have great I wish to add in this connection, ~f r. President, it is true in respect for his judgment. I would be glad 'if you would confer with · th t th f · h d f th tl f him and write me again, for the subject is one you and he are more G eorgm a e cars nrms e or e negroes are e:x:ac Y 0 directly interested in than I am and which you understand better than the same type of cars which are furnished for the whites. I do. The bill is likely to be voted upon before you have time to write There are some rare exceptions possibly on some few little local me, 1Jut it will doubtless be some time in the conference committee, so trains, but as to the general practiee they are exactly of the fft! ~J~te~rite me again I can have the benefit of your views before same type, one immediately adjoinin~ the other. Very truly, yours, etc., ;r. B. F oRAKEn. I wish to add, further, that in the State of Georgia there is P. S.-In.considering this matter you will bear in mind that the law sbsolu.tely no dissatisfaction by the negro race on account of of Congress wilL of course, be supreme, and that no State law or au~ the accommodations which are furnished to them by the rail- thority can conflict with it as to interstate passengers. F. roads. They are perfectly content with them. They have every Lette-r of Mr. Key. reason to be content with them ; and any suggestion to the con 53 MAPLE STREET, trary emanates solely from those who desire to make mischief. Nashville, Tenn., May 15, 1906. Bon. Mr. FORAKER, Mr. FORAKER. Mr. President, I know nothing about what United States Senator from Ohio. the facts are. I know I received a great many letters from the DEAR Srn : Please accept our congratulations upon your position in South indicating the contrary, and quite a number of them came discussing the rate bill and antifree-pass bill. Especially do we in dorse your stand taken in regard to that part of the bill relative to from the State of Georgia. There may have been no truth in equal accommodations. them. I am not discussing whether they were true or not. I We are sorry you did not get the support o! other so-called " Repub am only discus ing what I did when I was advised that unequal Iicans." They seem to want to drive us from the party of our choice by their actions. We are sorry that the ideas of Senators TILLliAN accommodations were furnished. and BACON seem to be the leading ideas o! the majority. Senator Among other letters which I received was one from a very TILTJlUAN impressed the majority that the accommodations her~ in the intelligent colored man who is attending a law school in Boston. South are equally good for both races. The Senator has either not made him~ lf familiar with the existing facts here in this Southland or he His home, however, I am advised, is in New Orleans. He is Mr. means to be misleading in his statements. 'l'he accommodations are Charles P . Ford. In answer lo him, I wrote a letter, which not equal. The colored people are fOl·ced to pay the same tare and I ask to have rea.d at the desk, and then, as a sample of the let ride in a car infested with chickens, dogs, and convicts. Our women are often compelled to submit to the abuses incident to treatment ters that I was receiving and have been receiving from many brought about by discriminations. They are forced to ride with . places in the South, I want to have read also, in so far as it drunkards and hoodlums. We readily accept Senator T ILL:IHN's propo· has relation to that, a letter from Rev. H. H. Key, of Nashville, sition to invite the Commission down here !or a tour of inspection to verify the truth of our as~rtion. I myself had to resent an insult Tenn. Let the Secretary first read my letter to Mr. Ford and resulting from discrimination. On one occasion I rode a hundred miles then read the letter of Mr. Key. in a baggage car rather than accept the humiliation of being with a Mr. TILLMAN. Will the Senator consent just to have them t;ni:xed gang of white and colored conv:cts guarded by armed white officers. I would not be forced by the conductor to ride in such com printed? We can read them in the RECORD. pany. * • • Mr. FORAKER. Very well; they may be printed. H. H. KEY, The VICE-PRESIDENT. Without objection, it is so ordered. P1'esidirng :Elder of the CUmberland River Distt·ict of the The letters referred to are as follows : · Methodist Episco-pM Ohurch of the Penn A.nnttaZ Oonterence. P. S.-I trust you may see a way to seeure protection in all lines ot WASHINGTON, D. C., May 15, 19()5. travel, including Pullman. CliARLES P. FORD, Esq., :Mr. FORAKER. Now, of the same general character is the Boston University Law School, Boston, Mass.: DEAR SIR : I write to acknowledge the receipt of your letter of May following letter from .M.a.dison, Ark., dated May 30, 1906, signed 13, and to assure you of my proper appreciation !or all its kind expres by n number of Afro-Americans, as they represent themselves sions. I infer from -the way you write that you are familiar with ail to me, and I have no doubt they are. that the RECORD discloses as to the amendment offered by me May 7, which was, on the vote taken that day, defeated, but which was two or The letter referred to is as follows : three days later offered by Senator W ARNEB, of Missouri, and, with an MADISON, .ARK., May 80, 1906. amendment I proposed, then adopted substantially in the form in which Bon. Senator FORAKER: We, the undersigned in name and number, it was originally presented. petition you to, 1f possible, retain the amendment now before the rail The subject is too impot~tant and difficult to be discussed in the com road rate bill conference relative to equal accommodation to pas pass of a letter, especially when I am compelled, as I am now, to write sengers on all railroads paying 1:he same fare, which was introduced most hurriedly. by you. We note that the negroes from the North and East are pre I was undertaking to deal with a condition rather than a theory. senting their voices against it. While we are in the majority in the 'l'he condition presents the fact that in almost every Southern State the South, we are in favor of separate coaches with equal accommodation legislatures have, by law, not only authorized, but required, separate to all passengers paying the same fare. coaches, and the Supreme Court of the United States has held that these SCOTT BoND, Merchan1. statutes, so far as intrastate passengers are concerned, are constitu I. L. WALTON. tional. As to interstate passengers there never bas been any Ier 1sla H. S. DAVIS, Postmaster. tion and, of course, no judicial determination as to the limitation., of P. COVING'rON, Farmer. the powers of Congress or as to the rights of the States to interfere P. H. BA.."fKS, Farmer: with any regulations the Congress may prescribe. W. M. BOND, Fanner. It occurred to me that inasmuch as the Government was now for the first time assuming to regulate the rates that are to be paid for the Omitting names, the above is the voice of 2,000 citizens o! business transportation of freight and passengers. we should explicitly provide reputation. For God's sake try to get us the accommodations for that there should be equality of treatment for equality of pay, in order which we pay. 7854 CONGRESSIONAL RECORD-SENATE. JUNE 5, Mr. BACON. If the Senator·wm pardon me, I want to sug Finally he said, with a gleam of humor, which simply con gest a fact. The law in Georgia (and I presume it is so in vulsed me afterwards, although I did not relish it right off, other Southern States) does not permit a white man to ride in "Governor, don't you think that the white folks ought to obey the car set apart for the negroes, no more than it permits a the laws they put on the books?" I did not need any more hint, negro to ride in a · car with the whites. The only distinction is I quietly reached down, got my grip, and said, "You are all that the white man is perfectly content to be debarred from the right. I ·surely believe in obey-ing that law, because we would car in which the colored people ride, whereas a great many not let you ride either in the cars for the whites; and if you negroes are not content unless they are permitted to ride in the object to my riding here I will go back; " and I walked back and cars set apart for the white. stood up. Mr. FORAKER. I will say to the Senator, if he has any ap 1\fr. FORAKER. Mr. President, I do not, in view of the late prehension on that point, I have not received any letters from ness of the hour, care to prolong the discussion of that subject. ... white people living in Georgia protesting against being com I only want to quit it, as I began, by saying that I offered the pelled to ride in" Jim Crow" cars. amendment upon the theory that I was securing a benefit to :Mr. BACON. If the Senator knew the people of Georgia as 8,000,000 of colored people living in the Southern States from well as I do, that assurance would not be needed. whom I was receiving many letters of the charactel· I have Mr. FORAKER. I am sure of that. So far as the colored described and of the character that will appear in the RECORD in man is concerned, I am not going to take up now the subject of the morning. But since colored men who understand the sub his rights for discussion. I only want to say that when I of ject object to it upon the ground that has been suggested, I fered this ·amendment I did it in answer to just such appeals as propose to leave it to the conferees to dispose of it as they I have sent to the desk, which will appear in the RECORD to may 'See fit. morrow morning for the benefit of any who may see fit to read; Now, I have two or three other matters I wish to call appeals which came to us, and have come from intelligent men attention to. and reputable men, against whom nothing can be said except On pages 16 and 19 the words "knowingly and willfully " are only that they are black men; and that I am not going to urge stricken out by the conferees. I am not going to stop to dis as an objection against any man. They say that the cars fur cuss the effect of this; I only want to call the Senator's atten nished them, for which they must pay precisely the same fare as tion to the fact that in my opinion it establishes a harsh, an .white men pay for the service rendered to them and the accom inexcusably harsh, rule to make a man liable to indictment and modations they get, are so unequal that it is almost an impossi punishment as for a criminal offense without showing any bility to ride in them with any comfort whatever. knowledge or any purpose on his part. I believe that the feel Now, what I thought was, if they were receiving equally good ing I have expressed in a word in regard to that 1s entertained accommodations, this amendment would not hurt anY.body. If generally by the members of this body, for I have no idea that they are not equally good, the amendment ought to be put into the feeling has changed since we voted those words into that the law, and ought to be enforced, for the black man who pays amendment. $10 to ride from one point to another o·ught to have just as good Now, what I want to add-and with that I am content-is service and just as good accommodation as the white man has what I have cut out of the New York Sun of June 1. It is an who pays the same price. The Senator from South Carolina account, given in the form of a dispatch from Milwaukee, dated was one of the first to say he heartily approved the amendment, May 31, of a decision of the four circuit judges of that circuit -and I really think he is the author of all the trouble, for as soon in the rebate cases, in which the Pabst Brewing Company was as the Senator from South Carolina made that announcement I a party, that were commenced, I think, after this session of commenced getting letters of objection from every direction. Congress began. I want to call attention to what is here set [Laughter.] · forth in this telegram to show what, in the progress of this de .Mr. TILLMAN. Well, Mr. President, if my honest adoption _bate, I had occasion to assert over and over again, that what and earnest advocacy of the Senator's proposed amendment has we need in the way of legislation to remedy all the evils that resulted in causing northern politicians who are colored people have been complained of is not the character of legislation we to deluge the Senator and others with protests, I am very sorry, now have under consideration, but a mere strengthening of thB because I heartily sympathize with that proposed legislation. Elkins law. I said so when it was first introduced, and I am in favor of it Now, what does this disclose? I want to read it. I will not yet. I yielded that amendment the very last one in the confer put it into the RECORD, where it may be passed over without ence committee, and I should like to see it go back. I hope the reading by anybody. Senate will instruct us before we get through to put it back. It is as follows : While I am on my feet, if the Senator will permit me, I [From New York Sun, June 1, 1906.1 want to tell a little incident in regard to the discrimination FORCE ADDED TO ELKINS LAW-APPLIES TO FREIGHT BROKERS AND PRI against the colored people and white people in keeping them VATE CAR LI TES-GOVERNMFJNT WINS ITS SUIT AGAINST REFRIGERATOR apart in South Carolina. No doubt some of these complaints TRANSIT COMPANY .AND RAILROADS THAT THROUGH IT HA.J."'DLED PROD come from South Carolina. UCTS OF THE PABST BREW! G COMPANY, OF MiLWAUKEE. Four or five years ago, when the law was first enacted-! MILWAUKEE, May 31, 1!106. The rebate suit which the Government last year began against the think it was the succeeding winter-! went to Columbia to our Pabst Brewing Company, of Milwaukee, the Refrigerator Transit Com State fair. I mean the law separating the races by compelling pany, and several railroad companies has been decided in favor of the the railroads to give separate coaches. I went to the fair, and Government. The decision was rendered by the four circuit judges of the seventh realizing that there was a great crowd there and that the train judicial circuit, who sat en bane, at the circuit court of the eastern at night, the excursion train, would be very much crowded, I Wisconsin district, and was sent up from Chicago this afternoon an . 1906. CONGRESSIONAL RECORD-SENATE. 7855 It holds that where a person or a company gives cont1·ol of his o~ its fest that the conferees did -exceed their authority in that shipments to another, such as a ·refrigerator company or a freight matter. 'broker, the person or <:ompany to whom it is assigned must be deem~d to be he owner and shipper of the fre!ght a~d can not _accep~ commts But, Mr. President, I want to say a word per onal in refer Bions or rebates from railroads. This rs cons1d~ed a highly 1mpor~ant ence to this question. I think this is the first time in my fif t•uling, as it pttts an end t~ the very latest demces foumf and practised teen years of service that I have ever obh·uded a personal ob for getting around the Elkms Act. . But the decision goes still further and holds that railr';()ad~ · must servation on the Senate, but circumstances warrant it in this f!trictly ooscr·ve theu· published tariffs and can oot grant c:on.cesswns to instance. transportation companies or brokers whereby they recerve less rate When the railroad rate bill was under consideration- ! am than that named in the published tarlfl'. This means tha~ 11:ereafter transportation companies will not be able to collect comm!sswn~ for not quite sure whether it was before I made the motion to business diverted to certain railroads, but must conduct therr busmess table the amendment or not- I was waited upon by an outside un a trictly mileage basis. It is estimated that a score or more refrigerator and stock ear com- party, who made a very earnest appeal to me in behalf of the panies in the country are affected. , secretary of this Commission. I said to him that ,I thought '.rhe . ruling also puts out .of business the so-called " tre_ight broker/ the salary be was receiving was adequate, inasmuch as it was the latest de"ice for rebating. The brokers collect frerght and for commissions turn it over to certain railroads. the same salary the Civil Service Commissioners, and a great The railroad companies that were defendants in the action are the many other high officers of the Goyernment, were receiving, Pere Marquette, the Erie, the Chicago, Rock 'Island and Pacific! the and I added to that a criticism upon the secretary of the Com St. Louis and San Francisco, the WisiX>nsin Central, and the Chrcago and Alton. mission to the effect that I thought he would be better occu pied in giving his entire attention to the duties of his office, Ur. BAILEY. Does the Senator from Ohio happen to have rather than to be promoting certain legiSlation. I did not the full text of that decision? state what the legislation was, but suggested that it was legis Mr. FORAKER. No; I do not. I have been unable thus far lation that I thought objectionable, and I will now say that it to get it; but I hope to get it and put it into the RECORD in full was legislation not in anywise connected with the railroad before this debate is concluded. I will put it into the ,RECORD question. Thereupon a Senator called my attention the ne:l>.'i: at the earlie t possible day. day to a letter from the secretary of this Commission, in which Now, I want to call the attention of Senators to another fact. he stated that I bad charged him with being an anarcllist, etc. No doubt every Senatnr here bas been reading the result of the I said to the Senator, "That is not tru.e; I never made any investigation made by the Interstate Commerce Commission of such accusation as that." the practices of the .Penn ylvania Railroad Company; no doubt But now, Mr. President, while I may in a sense be violating · _every Senator here is familiar with the malpractices, I will say, confidence, I will say that I have in my hand a telegram and a for the want of a better word, which that company has been letter that thn.t gentleman sent to a high official of a r::rilroad engaging in; but bas any Senator here failed to note the fact asking him to intervene to set me right on this question. M:r. that not a single offense committed by the Pennsylvania Rail Moseley probably did not know that 1 .owe allegiance to no rail ~ road bas been committed by it, according to that disclosure, road or railro::td official in the world; that I am under no obli that is not covered by the Elkins law; not one that can not be gations to any official of any railroad in the United States; and -remedied almost immediately, just as the evils involved in this hence he made a mistake in assuming, as he evidently did, that 1\lilwaukee suit were remedied by the filing of a bill and the I could be straightened out in this matter and that I would taking of a temporary restraining order. upon the filing of the , agree to an increase · of his salary in one way or another. bill, which, upon final hearing, will be made perpetual, just as It is proper that I should say that the official to whom he wrote in the case of the Chesapeake and Ohio and the New York, New d1d not undertake to carry out his wishes. In J;is letter and Haven and Hartford Railroad coal case? There suit was telegram he repeated the ·foolish statement that I had charged brought. an injunction was allowed, and the evil stopped that him with being an anarchist and an enemy to sound legislation. .Te:cy moment. When the case was finally beard that injunction Now, Mr. President, so· far as I am concerned that is of no par~ was made perpetual. So it was in the Milwaukee case, com ticular consequence, but I thought I would take this occasion menced ,only a few months ago, since we c-ommenced this to say to that gentleman that he ought to have come to me in .session, :and now :fin.ally ended. In this case a suit was brought, person and discussed the matter in a manly way rather than to and in it was involved tbe -question of the illegality of the have paraded it over the country a.s he has done. latest devices and abuses-fo1· granting rebates, for making per If the Congress of the United States thinks the secretary .sonal. discriminations, terminal charg-es, icing charges~ l'efrig of the Interst.ate Commerce· Commission ought to have a five erator charges, private car lines, and everything that we have or six thousand dollar salary- the first proposition was to give beard anything about during the whole progress of this debate him a thousand dollars more than Senators and Members of was involved in that one case that had not already been covered the .House of ,Uepresentatives are reeeiving and the present in these other cases to which I have referred. p1·oposition is to give him a salary equal in amount to that of 1\fr. President, if it be true, as it unquestionably must be -con a Senator- 1 say, if the Congress of the United States thinks "Ceded to be h·ue, that there is a complete remedy under that that that officer ought to have an increase of salary and tllat law-for the court has so held, and that is the reason I say the Commission ought to hav-e an assistant secretary at $4,000 it 'must be so conceded-that upon the complaint that there is a year, that -can be regulated by a joint resolution after this an unequal, an unjust, or a discriminatory allotment of cars, matter has been properly disposed of by the conference com ~ if it be tn1e that as to that complaint this law can be applied mittee. But however that may be, when the .bill goes back and found sufficient to pr-event it, and if it be true that under to conference · I shall expect that the provision relating to the that Jaw no form or guise whatever of rebates or discrimina secretary of this Commission and the creation of a new oflicial tions can be practiced, there is no more necessity for this kind in the person of an assistant secretary may not reappear when of legislation than there is for putting five wheels on a wagon. the report is again presented to the two Houses of Congress. Mr. President, one word more. I do not make these remarks, If it does, I shall have something further to say on the of course, with the idea of preventing the pas-sage of this bill. subject. That is an impossibility; but I make these remarks only that ~f.r. SPOONER. Does the Senator from South Carolina ex I may put before the Senate the state ·Of the law which we have pect to get a vote on the conference report to-night? and the degree of success we are now having in all cases where 1\fr. TILLMAN. Of . course, I can not undertake to do more . an enforcement of that law is undertaken by the Department than to express the hope that I will. It is now twenty minutes of Justice. In no case where tbat law has been invoked, from after 5. The day has been long, it is hot, and, of course, we the day when it was passed down until this moment, has it are all tired. I can not see what good it is going to do for failed to meet the purposes of the prosecution, except only in Senators to talk, because the matters which I mentioned this one case at Philade)phia, where there was a failure of testi morning, whieh are subject to the point of order, and in insert ·mony to support the complaint. ing which the conferees have exceeded their authority, and Mr. GALLINGER. 1\!r. President, a single word. I know knew it when they did it, and .atithorized me to come in here .how anxious the conferees on this bill are to have it go back and say so, will all go out; but the things that we thought we t o conference, and ~ promise to delay it but a moment. had a right to put in, I presume will have to be put out by a When this bill was under consideration the Senator from vote of the Senate. Therefore, all this lecturing and advice West Virginia [Mr. ELKINS] moved to increase the salary of might-as well be saved until the vote comes. I am speaking for the secretary to the Interstate Commerce Commission from myself alone, of course, because the other Senate conferees will $3,500 to $6,000. I moved to lay the amendment on the table, outvote me and the House conferees will control. We have g.o_ t _ and by an almost unanimous viva voce vote it was tabled. I to compromise these matters, and I ean .o_nly do the best that was surprised, in looking at the report of the committee of is in my power. Tha.t is all. I should like to get a vote this conference, to find, 1\ir. President, that not only had the con evening, however. ferees increased that salary. but that a new office had been 1\fr. SPOONER. I asked -the question of the Senator becau~e created by them- that of assistant secretary. It is -very mani- I happen ~o know of several Senators who desire, I think eacb 7856 CONGRESSIONAL RECORD-SENATE. JUNE 5, one very briefly, to address the Senate upon some phase of this PROMOTIONS IN THE NAVY. -r el)ort. I think it is utterly impossible that it can be concluded Capt. John J. Hunker to be rear-admiral in the Navy from to-day. the 6th day of June, 1906 (subject to the examinations required Mr. TILLMAN. Senators will not talk so long this evening by law), vice Rear-Admiral Purnell F. Harrington, to be re when they are tired as they will to-morrow morning when they tired. are fresh. Commander John A. H. Nickels to be a captain in the Navy 1\Ir. SPOONER. I think a number of Senators would like to from the 28th day of June, 1905, vice Capt. Andrew Dunlap, re send the Senator from South Carolina and his associates back tired. to conference on the motion that the Senate entirely disap- proves-- . APPOINTMENTS IN THE NAVY. 1\Ir. TILLMAN. But bow can the Senate disapprove, if half I nominate the following-named citizens to be assistant sur a dozen Senators make speeches like those we have heard? geons in the Navy, from the 1st day of June, 1906, to fill va Mr. LODGE. We can take the vote later. cancies existing in that grade on that date: l\fr. TILLM.Al"'f. We will take the vote later, if the Senate so Heber Butts, a citizen of Missouri ; desires. Philip E. Garrison, a citizen of New Jersey; and Mr. SPOONER. The Senator and his associates will, per Thomas W. Raison, a citizen of Kentucky. haps, bring back a disagreement as to one item, at least, in this REGISTER OF LAND OFFICE. bill rather than-- John Thomas, of Prairie View, Kans., to be register of the Mr. TILLMAN. I am perfectly willing, and wi!l be anxious, land office at Colby, Kans., vice Albert H. Blair, whose term and wa-s anxious t9 do it, in order to bring back a disagreement will expire June 30, 1906. on the amendment offered by the Senator from "Missouri [Mr. WARNER], which is known a~ the "Jim Crow" car amendment. POIHMASTEBS. I am very anxious to bring in a disagreement on that. FLORIDA. . Mr. SPOONER. The " Jim Crow" car amendment, I think, W. L. Van Duzor to be postmaster at Kissimmee, in the county ought not to have been omitted from the bill; but I think the of Osceola and State of Florida, in place of James A. Simpson·. conference report, as to passes to employees of railroad com Incumbent's commission expired June 4, 1906. panies, is very much worse. William R. O'Neal to _be postmaster at Orlando, in the county Mr. 'riLLMAN. I have no doubt in my own mind that a!ter of Orange and State of Florida, in place of William R. O'Neal. the expressions of disapproval in the shape of the avalanche Incumbent's commission expired May !), 1906. of telegrams that have come to Members of the House and of Oliver S. Oakes to be postmaster at Fernandina, in the county the Senate, we certainly will be able to agree on a modification of Nassau and State of Florida, in place of Charles W. Lewis, of that to the extent of not prohibiting railroads from carrying resigned. their own employees and their families. I never was in favor IOWA. of such a prohibition, but I got all I could. Thomas L. Green to be postmaster at West Union, in the Mr. LODGE. Will the Senator from Wisconsin allow me a county of Fayette and State of Iowa, in place of Thomas L. moment-- Green. Incumbent's commission expi-red May 27, 1906. Mr. SPOONER. Yes. , Frank M. Hoeye to be postmaster at Perry, in the county of Mr. LODGE. To express the hope that the Senator from Dallas and State of Iowa, in place of Frank l\f. Hoeye. ' Incum South Carolina will allow us to adjourn now. I do not think bent's commission expires June 27, 1906. by keeping us here a half an hour longer he will gain anything. KANSAS. There are a number of Senators who intend to speak, and if Herbert J. Cornwell to be postmaster at St. John, in the we should proceed to-night there would -only he a repetition in co1mty of Stafford and State of Kansas, in place of Herbert J. the morning-- Corm-veil. Incumbent's commission expires June 24, 1906. Mr. TILLMAN. If it is the desire of the Senate to adjourn, Jesse D. Kennard to be postmaster at Seneca, in the county of it can always do so without my will. I can not keep the Senate Nemaha and State of Kansas, in place of Jesse D. _Kennard. llere if Senators want to leave. I am perfectly willing that the Incun1bent's commission expires June 25, 1906. Senate shall adjourn, and I shall not protest. William H. Nelson to be postmaster at Smith Center, in the Mr. SPOONER. I want to suggest to the S.enator from South county of Smith and State of Kansas, in place of William H. Carolina who, I think, has a right to make whatever motion is Nelson. Incumbent's commission expired January 16, 1906. made, as he is in charge of this measure, that he niove that the Senate proceed to the consideration of executive business. MICHIGAN. Mr. TILLMAN. I always try to accommodate the Senator. Edward L. Bates to be postmaster at Pentwater, in the I move that the Senate proceed to the consideration of execu county of Oceana and State of Michigan, in place of Edward L. tive business. Bates. Incumbent's commission expires June 6, 1906. The motion was agreed t o ; and the Senate proceeded to the E. A. Smith to be postmaster at Wayne, in the county of consideration of executive business. After three minutes spent Wayne and State of Michigan, in place of Henry Loss. Incum in executive session the doors were reopened, and (at 5 o'clock bent's commission expired .1\farch 5, 1906. and 28 minutes p. m.) the Senate adjourned until to-morrow, MISSOURI. Wednesday, June 6, 1906, at 12 o'clock meridian. Melvin C. James to be postmaster at Higginsville, in the ' county of Lafayette and State of Missouri, in place of Samuel NOMINATIONS. J. Kleinschmidt. Incumbent's commission expired April 10, 1906. Executive nominations received b1/ the Settate J une 5, 1906. NEBRASKA. COLLECTOR OF CUSTOMS. Edward N. Allen to be postmaster at Arapahoe, in the county Charles A. Barbour, of Rhode Island, to be collector of cus of Furnas and State of Nebraska, in place of Edward N. Allen. toms for the district of Bristol and Warren, in the State of Incumbent's commission expires June 19, 1906. Rhode Island, in place of Stephen W. Church, deceased. Thomas W. Cole to be postmaster at Nelson, in the county of PLACED ON RETIRED LIST OF ARMY. Nuckolls and State of Nebraska, in place of 'rhomas W. Cole. Under the provisions of an act of Congress approved April 23, Incumbent's commission expires June 30, 1906. 190-1, I nominate Col. Sedgwick Pratt, Artillery Corps, to be OHIO. placed on the retired list of the Army with the rank of brigadier James H. Fluhart to be postmaster at Continental, in the general fr-om the date upon which he shall be retired from active county of Putnam and State of Ohio, in place of James H. service. Fluhart. Incumbent's commission expires June 30, 1906. APPOINTMENTS IN THE ARMY. Charles W. Searls to be postmaster at Madison, in tile county of Lake and State of Ohio, in place of Charles W. Searls. In General officers. cumbent's commission expired April 2, 1906. Col. John McClellan, Artillery Corps, to be brigadier-general from June 1, 1906, vice Buchanan, retired from active service. PEN~SYLVANIA.. John A. Wallace to be postmaster at Chester, in the county of Col. Stephen P. Jocelyn, Fourteenth Infantry, to be brigadier Delaware and State of Pennsylvania, in place of John A. Wal general, vice McClellan, to be retired from active service. lace. Incumbent's commission expired May 15, 1906. PROMOTION IN THE ARMY. WISCONSIN. Oorps of Engineers. John T. Harris to be postmaster at Ripon, in the county of . Second Lieut. Henry H. Robert, Corps of Engineers, to be Fond du Lac and State of \Visconsin, in place of Thomas S. first lieutenant from June 1, 1906, vice Williams, deceased. Chittenden. Incumbent's commission expired May 19, 1906. 1906. CONGRESSIONAL RECORD-HOUSE. 7857 GONFIR:MATIONS. House set · apart certain special days-Fridays-for the con Exccuti'Ve norninations con{l1·med by the Senate J-tme 5, 1906. sideration of claims. This appears to be a bill reported from the Committee on Claims, and I want to _make a point of order. COLLECTOR OF CUSTOMS. By what authority _or right, under _the rules of the House, is a · ·John W. Vann, of Texas, to be collector of customs for the bill called up for· passage under suspension of the rules, which district of Brazos de Santiago, in the State of Texas. bill contains a claim or any number of claims, when bills of this PROMOTIONS IN THE NAVY. character have by the rules of the House been assigned for Commander James H. Bull to be a captain in the Navy, from consideration to a particular day, · or certain named days, of the 26th day of May, 1906. each month? - ' Lieut. Commander Frederick C. Bieg to be a commander in The SPEAKER. The Chair will answer the gentleman. This the Navy, ftom the 26th day of May, 1906. is a motion to suspend all "rules and pass the bill. The gentle man is correct as to the rule. It has not been the practice of POSTMASTERS. the present occupant of the chair to submit bills upon the KANSAS. Private Calendar for passage on suspension day, but this is a William . C. Markham to be postmaster at Baldwin, In the bill upon the Union Calendar, which is alleged to cover several county of Douglas and State of Kansas. claims between ·the United States and foreign peoples. NEW JERSEY. Mr. BARTLETT. An omnibus claims bill. William 0. Armbruster to be postmaster at Weehawken, in The SPEAKER. One claim in favor of the Empire of Ger the county of Hudson and State 9f New Jersey. _ · many, growing out of relations in Samoa. It seems to -the . Charles Eichhorn to be posb.naster at West Hoboken, in the Chair, without expressing any opinion as to the merits of the county of Hudson and State of New Jersey. vai-ious propositions,· after reading the report and the letter : Edward W. Martin to be postmaster at Hoboken, in the from the Secretary of State, that this is a bill ·properly on the county of Hudson and State of New Jersey. Union Calendar, and not on the Private Calendar, of a class o 'VIRGI~IA... that the House ought to be able to consider under a motion to . Archibald l\f. l\fcClintic to be postmaster at Fincastle, in the suspend the rules. I· county of Botetourt and State of-Virginia.· 1\Ir. 'VALDO. Mr. Speaker, some of these Cl1Ums were put on the urgent deficiency bill by the Senate, but stricken from that bill by the House conferees on the g1·ound that they were H;OUSE OF REPRESENTATIVES. claims, referred to the Committee on Appropriations of the House, and afterwards referred to our"' committee. There is TUESDAY, June 5, 1906. also included in this bill a claim of $20,000, which we have The House met at 12 o'clock noon. agreed to pay to the German Government. There was a sub- -. Prayer by Rev. CHARLES C. PIERCE, D. D., chaplain, Artillery vention, or treaty, between the German Government, the ·English Corps, United States Army. Government, and our Government-'wfth regard_to . c~rtain Claims The Journal of the proceedings of yesterday was read. of German citizens. The ·total ·amount of -these claims, if I Mr. PAYNE. I move the approval of the Journal. recollect, was about $115,000. It was finally agreed by the The motion was agreed to. agents of the different Governments that all these clams should CERTAIN FOREIGN CLAIMS. be settled for $40,000, which amo-imt the German Government 1\fr. WALDO. Mr. Speiiker, I move to suspend the rules and agreed to accept. Great Britain 'Y'al? _to· pay _$20,000, and we pass the bill (H. R. 19606) to pay certain clahns· of citizens of were to pay $20,000. Great Britain has: already paid her foreign countries against the United States, and to satisfy cer $20,000, and we certainly ought to pay ours. tain conventional obligations of the United States. The other claims are claims of citizens of foreign govern The bill was read, as follows: ments, which have been sp.b~tted by the foreign ambaf?Sadors . Be it enacted; eto., That the following amounts be, and the same are to our State Depa:rtmerit, passed: upon, and _approved, and orig :h~reby, appropriated, out of any money in the Treasury not _otherwise inally sent to the _Committee on Appropriations, and then re appropriated, to pay the following claims against the United States, 'ferred to the Committee on Claims for · examination and .the hereinafter _stated, the same being in full for and the receipt of the same to be taken and accepted in each case as full and final release of introduction of a bill. · .the respective claims, namely: · Mr. CRUMPACKER. Will the gentleman allow a question? . .First. To pay the Canadian Electric Light Company, for damages to its cable by the U. S. gunboat Essex, by fouling her anchor· with. the 1\fr. WALDO. Certainly. 'campany's cableJ... between Levis and the city of Quebec, July 17, 1904, Mr. CRUMPACKER. I notice in. the ·reading ·of the bill that\ the sum of $7,3u7.30. · there was one claim for property destroyed by a mob in one of - Second. To pay the Great Northwestern Telegraph Company of Can the Western States. · ada, for damages to their telegraph cable by the U. S. gunboat Essex, between the city of Quebec and Levis, by fouling her anchor with the Mr. \V ALDO. In Colorado-that is .correct. . company's cable, July 17, 1904, the sum of $93!>.58. 0 Mr. CRUl\IP-4-CKER. Is it customary for this Government to . Third. To pay 1\Iessrs. Sive-Wright, Bacon & Co., of Manchester, England, for damages to their vessel, the-British steamship Eastry, by pay damages to aliens for property desb.·oyed in that manner? collision, 1901, at 1\Ianila, with certain coal hulks of the United States, 1\fr. WALDO. I understand it has been done a number of the sum of $4,313.50. times. . Fourth. To pay William Radcliffe, British subject, for dama"'es caused by destruction of his fish hatchery and property in Delta, Colo., Mr. CRUMPACKER. We have no authority to pay damages by a mob in 1901, the sum of $25,000. to our own citizens under eircum_stances of that kind, have we? Fifth. To .pay to the Empire of .Germany, in full settlement of the 1\Ir. 'VALDO. We certainly can if we see fit. obligation of the United States Government to Germany under the convention between the United States, Germany, and Great Britain for Mr. CRUMPACKER. Does the gentleman know of any in the settlement of Samoan claims, signed at Washington, November 7, stance in the history of t~s Government where such payment 1899, the sum of $20,000. . · has been made to a citizen of the United States? Sixth. To pay the British owners of the British steamship Lindis farne, for demurrage to that vessel while undergoing repairs necessi 1\Ir. WALDO. I think there are cases of that kind. tated through collision with the U. S. army transport Crook in New Mr. CRU¥P.A.CKER. The reason I asked the question was -York Harbor, May 23, 1900, the sum of $158.11. to emphasize the fact of our responsibility for the safety of . The SPEAKER. Is a second demanded? persons and property of aliens who are here under the protec . 1\Ir. BARTLETT. 1\fr. Speaker, I will demand a second for tion of treaties with foreign countries, and the importance of the purpose of finding out about the bill. passing some kind of national legislation to -" protect those The SPEAKER. Is there objection' to considering a second as people. If we are to be responsible for th~m, we ought to have ordered? · special laws that will afford them and their property protection. · There was no objection. Mr. WALDO. There can be no question but that we ought to The SPEAKER. The gentleman from New York [Mr. pay the damages due to a foreign citizen, and unless some fur .WALDo] is entitled to twenty minutes, and the gentleman from ther explanation is required I will ask for the passage of the Georgia [l\1r. BARTLETT] is entitled to twenty minutes. bill. 1\fr. WALDO. l\1r. Speaker, this is a bill to pay certain claims 1\fr. PERKINS. Is ·this bfll unanimously reported by the of foreign citizens, which claims have been presented to our Committee on Claims? Department of State by the foreign ambassadors, and payment 1\Ir. WALDO. It was unanimously reported by the Committee of which is recommended by the Secretary of State. on Claims. l\1r. BARTLETT. If -the gentleman will allow an interrup 1\fr. BARTLETT. 1\fr. Chairman, I demanded a second be tion, I should like to make a parliamentary inquiry. cause it occurred to me that this was an unusual proceeding and The SPEAKER. The gentleman will state it. contrary to any previous action of the House upon bills of this 1\fr. BARTLETT. As I understand, Mr. Speaker, this is sus character that I have ever seen undertaken to be had upon sus pension day, continued from yesterday. 1.'he rules of the pension day during the eleven years of my service in the House. XL---492