·1920. CONGRESSIONAL RECORD-HOUSE. 5101

HOUSE OF REPRESENTATIVES. commanding general of the American forces in Germany were instructed as follows : THURSDAY, This Government can not admit jurisdiction of that commission over Ap'ril1, 1fYJJJ. portion of Rfiinish Provinces occupied by the American forcE'S. Conse­ quently, neither you [representative of State Department] nor Gen. The House met at 12 o'cl()('k noon. 'Allen should issue any ordinances which conflict w•th or l'xceed the The Chaplain, Rev. Henry N. Oondcn, D. D., offered the follow- terms of the armistice, which the Dl'partment (of State] t·eganls a. continuing in force as to the United States. You should. howewt·, ing prayer : · maintain the closest touch with the high commission and ~:>nllravor in so far as possible to conform administrative regime within territory Father in heaven, author of every good, we thank Thee for occupied by American forces to regime adopted by high commission the blessings vouchsafed unto us, calculated to satisfy our physi­ for other portions of occupied territory. There is no objection to your cal, mental, moral, and spiritual necessities. sitting informally with high commission provided you n.t·e requested We pray for a more equal distribution of the same; that hap. to do so, nor of continuing your activities, as well as those of you!." staff, in connection with special committees to handle distribution or piness and tranquillity may fill our homest society, government, coal, etc. Ordinances, orders, regulatiOllS, etc., relating to fi.nancial which means law and order; that the strong may help the weak, and economic matters, including those similar to ones adopted by the wise the unwise, the rich the poor, the good the bad. high commission, wbich it is desired to put into force in territory occu­ pied by American forces should be issued bY Gen. Allen as command­ So may we live and develop all that is pure, noble, generous, ing general of American forces in Germany, but only aft~:>r havin.~ first wise, and good. In the spirit of the Master. Amen. been approved by you. In general, endeavor to cooperate fully with high commission and avoid all friction with that body, while at the The Journal of the proceedings of yesterday _was read and ap­ same time make it perfectly clear that you are still operating under proved. tl1e armistice as be!ore January 10, and are in no way bound by the terms o! the Rhineland agreement or the memorandum of June 13, DISPOSITION OF AMERICAN TROOPS IN GERMANY (H. DOC. NO. 709). 1919, defining the relations between the military authorities and the high commission. The SPEAKER laid before the Bouse the following message Replying specifically to the remaining questions in the resol u­ from the President of the United Stutes. tion of the House of Representatives, I will state that Field The Clerk read as follows : THE WHITE HoUSE, 1\Iarshal Ferdinand Foch has no authority over the Unitect lVa.shington, 29 March, 1920. States troops in German territory, nor can anyone direct their activities without expres~ orders f1·om . the Pre~iuent of the To the SPEAKER HOUSE OF REPRESENTATITES •. United States. Sin: I am in receipt of H. Res. 500, adopted March 25, 1920, It should be stated further that under his general police wllich reads as follows: powers, under the terms of the armistice, Gen. Allen has full Resoh:ea, That the Prt>sident be, and he is hereby, requested, if not in­ authority to utilize his troops for the police of the occupied computil>le with the public interest, to inform the House of the exact status or the American military forces now stationed in German terri­ district, the preserration of order, and to repel any attack tory; the scope to which their operations are confined under the terms which may be made upon him. of the armistice between the allied nations, the Government of the WooDROW WILSON. United States, and Germany; the extent of the authority exercised over them by Field Marshal Ferdinand Foch, commander in chief of the The SPEAKER. The message is referred to the Committee a Hied forces in the occupied Rhine Provinces, and how far their activities on Military Affairs. To-day by special agreement it was or· may be directed without express orders from the President of the United dered that bnsines: on the Private Calendar unobjected to Statl's. slwuld begin where we left off last Thursd:.ly. The American forces in Germany on March 2G were reported to comprise 726 officers and 16,756 enlisted men. These forces PitIV ATE C AI.EXDA.R. are stationed principally in the Coblenz area, the exact location 1\fr. GLTh"N. 1\Ir. Speaker, I ask unanimous consent that of the units being set forth on the accompanying map. They are these bills on the Private Calendar be considered in the House occupying that territory under the armistice agreements, which, as fn Committee of the Whole House. with its annexes and conventions, was transmitted by me to the The SPEAKER. Is there objection? [After a pause.] Tile Senate and published as Senate Document 147, Sixty-sixth Con­ Chair hears none, and ·it is so ordered. gress, first session. The paragraph specifically covering this occupatio.n is Paragraph V of the clauses relating to the western J..UlES E. CONNORS. front. The first business in oruer on the Private Calendar was the The original armistice, signed on November 11. 1918, prO\'ided bill (H. R. 11410) for the relief of James E. Connors. that its duration should be 36 days, with option to extend. The Clerk read the title of the bill. On December 13, the armi tice was extended until 5 a. m. on 1\lr. GLY1\TN. Mr. Speaker, I ask unanimous con ent that this the 17th day of .January, 1919; on January 16, 1919, it was bill be pa sed over for the present. - still fmther extended until the 17th day of February, 1919, at 5 The SPEAKER. Is there objection? [After a pause.] The 1- a. m. · on February 16, 1919, it was still further extended to a Chair hear none. date not fixed: "the allied powers and those associated with GEORG~ W. WOODALL. them reserving to themselves the right to terminate the period The next business in order on the Pri\·nte Calenuar was the at three days' notice." bill (H. R. 3564) for the relief of George \V. Woodall. The American forces in Germany are at present operating The Clerk read the title of the bill. undet· the terms of the original armistice and the subsequent The SPEAKER. Is there objection? conventions prolonging the armistice. The instructions proposed 1\Ir. GARD. l\Ir. Speaker, resening the right to object, I to be issued to the commanding general American forces in make the reserYation of objection to the bill H. R. 3364 fo~ Germany, at the time of their occupying the Coblenz area, were the purpose of having a more complete explanation than is submitted to the War Department by Gen. Pershing, and con- carri~ in the report, with special reference to the knowledge . tained the following statement of policy: of the man who now seeks to be relieved from bontl respon i­ The American forces will, however, undertake no action b~:>yond the bility of the fact that the whereabouts of the man upon whos occupiM regions, nor beyond th-at in strict accordance with the tt>rms of the treaty. Any use of the American forces beyond that mentioned bond he was were known to llim and not revealed to the Gov­ above must be specifically authorized in each case by the Government ernment. of the United States. l\fr. KELLY of Pennsylvania. l\lr. Speaker. I belieYe I can In reply, it was directed that- give the gentleman from Ohio some information on the matter, It should be stated in the orders issued to the commanding general ~s the Committee on Claims went into that vhase Yery thor- American torces in Germany that the function of the A.merican forces 8ughly and insisted on getting complete facts before any action in Germany at present is to enforce the condition· of the armistice, and that when a peace treaty shall have been ratified by the United was taken. One Arthur A. Steele was indicted for a violation States the function of the American forces will be as outlined. of the l\1ann Act in 19.14. It was necessary to put up a bond . Upon the ratification of the treaty of peace by the allied of $4,000 cash, and the Southern Surety Co. refused to accept powers, an Interallied Rhineland High Commission was organ­ an~·thing except cash. This $4,000 cash bond was provided by ized in the manner set forth in the message from the Pre ident tne prisoner's stepfather, l\fr. George \V. Woodall, who wa. not a of the United .states to the Senate, containing the agreement professional bondsman, but uesired to secure the prLoiler's between the allied and associated powers and Germany with liberty until tried. Be deposited t11e $4,000 with the Sontllern regartl to the military occupation of the territories of the Rhine. Surety Co., and the bond was issued. Now, Steele became a This uocument is published as Senate Document No. 81, Sixty- fugitive from justice and disappeared. There was every effort sixth Congress, first session. ./ on the part of Mr. Woodall to locate him at his own expense. This commission having been organized and having formu­ He went to several places where he learned Steele had been seen lated ordinanC('s for the zone of occupation, the question arose until he came to St. Louis, and there discovered that Steele was as to whether these ordinances should govern in the American in the hospita seriously hurt. l\'lr. Woodall knew that Federal sector, and the_ representatives of the State Department and the officers had information concerning -ute . whereabouts of Arthm·

• OONGRESSION AL RECORD-HOUSE. APRIL 1,

A. Steele. He was informed of that at the police station where Mr. BEE. There was no attempt to invoke the processes of he went to secure information. Mr. Wooqall thoroughly under­ law to delay the payment or to subject the Government to any stood that the Federal officers knew where his stepson was, trouble in relation thereto? and for that reason he did not feel it was incumbent upon him l\1r. SANDERS of Indiana. No. to send any particular message to the Fecferal officers. He Mr. BEE. They paid it right over? wrote a posta) card back to his wife stating that Arthur Mr. SANDERS of Indiana. Yes. Steele was in a hospital in Kansas City. Mr. BLANTON. Mr. Speaker, will the gentleman yield? The postal card was een by the Federal officers, and in a letter 1\.Ir. SANDERS of Indiana. Yes. they seemed to indicate that he was trying to shield him. The M-r. BLANTON. If this bond had not been given in the first fact of the matter is this bondsman was told that the Federal instance, the man would have been placed in jail, and when his officers had the prtsoner under surveillance, knew his identity, case was called for trial the Government would have had hini' were ready to take him out of the hospital as soon as he re­ there to answer-to the charge of the indictment, and he would ' covered his strength. There was positively no desire on the part have been tried and sent to the penitentiary. Instead of being ot the bondsman to shield the ma.n; in fact, he spent his own a fugitive :fleeing :from justice, he would have been in custody, ~ ·money h-ying to locate him. The committee was informed that and the accident would not have occurred that caused him to the expense that the Government was put to amounted to about lose his life 1 $350, and we took that sum off the amount of' the money to be Mr. BEE. Right there, let me suggest to my colleague from refunded. In answer specifically to the gentleman from Ohio Texas that that is true, but that interferes with the constitu­ we have found, as the committee- believe, after several hearings tional right of a man to be at large on his bail. that Mr. Woodall did everything that he could be reasonably l\lr. BLANTON. Oh, yes; but the Constitution presumes expected to do ; that the Federal officers knew as much as he that when a bond :is given, when a man exercises his preroga­ did about it, and that he is entitled to the return of this money tive under the Constitution to go out on bail when his case is which was put up as a bond for the return of the man who called he will appear, and when he does not appear the bondsman was finally convicted. I would like to say also, if the gentle­ must make good. man will permit, that this money is in the United States Treas­ Mr. BEE. Yes; and they did that. ury and the Government should return it, having no claim upon Mr. BLANTON. And then. they must not come in and ask it now. This bill provides this money be returned to the Congress to reimburse them. bondsman-- 1\lr. SANDERS of"Indiana. I will say in answer to the state­ 1\fr. GARD. If the gentleman will yield, why has not the Gov­ ment of the gentleman from Ohio [Mr. GABD] that this is in line ernment a claim upen this money as being paid in on a forfeited with several other cases where the Government of the United bond?' States by legislative action has returned th~ money ·when the l\1r. KELLY of Pennsylvania. The bond was only technically defendant has been brought in and sentenced. The Government forfeited. The fugitive was apprehended and put in jail and accomplished everything it expected to do. It convicted this died .as a prisoner. man, and he was sentenced, and he died thereafter. 1\Ir. GARD. The record shows, as I read it, that this man Now, I know 1\fr. Woodall personally. Ife comes. from my Steele was a fugitive from justice on account of the · white~ home city. He is not a professional bondsman nor a man of slave act~ and that he was a son of this man Woodall's wife, and wealth, but he went on this bond and furnished the money to therefore Mr. Woodall went upon his bond for $4,000. He then the amount of $4,000 in order that his wife's son might have his di appeared, the bond was forfeited, and the money- paid by l\lr. liberty. Mr. Woodall is not learned in the matters of the law. 'Voodall into the court It is claimed that he made efforts to I call the gentleman's attention particularly to the fact that he locate Steele. Steele in the meantime, while again fleeing from did the natural thing-he went immediately to police headquar­ police officers, fell from a railroad track in St. Louis, I believe, ters in his own city and at his own expense got a police officer and was hurt in such a way that he afterwards died in the of the State to help him, and paid his expenses to go out and hospitaL search for this man. Of course, he did it in order not to forfeit Now, the report of the Attorney General, as I read it, cor­ the $4,000. He went personally himself, and with the aid of tlle roborates this statement of Mr. Woodall. He states that the information that he received from the police department he con­ records of the department do not show that Woodall rendered tinued the search, went on and on until he finally located Steele, material aid to the Government in the apprehension and prose­ who was at a hospital and who was injured, and he was unable cution of the defendant. Likewise the letter of the Acting At­ to see him. He was informed that he was in the hospital and torney Gel)erhl, Mr. King, states that despite the fact that he that he could not be seen and that he was under the surveillance knew that Steele was a fugitive from justice, and that he was of the Federal authorities. apparently closely in touch with Woodall, the man on the bond, Mr. BEE. 1\fr. Speaker, will the gentleman yield for another Woodall instead of advising the Department of Justice advised suggestion? his wife, under date of August 30, 1916, as stated in the report: Mr. SANDERS of Indiana. Yes. Mr. BEE. And in connection with that, the committee has DEAR Wnr:m: We are on the way with the car, and we will be home as soon as we can get there. Art is at K. C., but we didn't get to see reduced the amount so as to reimburse the Government for all him. He is in the hospital. He !ell and hurt his shoulder. its· expenses incurred in connection with the case? Your husband, Mr. SANDERS of Indiana. Yes. G. WOODALL. M-r. BEE. And the bill 1 amounts to $3,600 instead of $4,000, Under the circumstances, as shown in this record, I do not the amount of the bond. think this should be a matter to be passed practically by unani­ Mr. SAJ\TDERS of Indiana. Yes. The Government is whole, mous consent, and I therefore object. and the committee deducted the amount which the Government The SPEAKER The gentleman from Ohio objects. had expended. 1\il. SANDERS of Indiana. Mr. Speaker, will the gentleman Mr. McLAUGHLIN of Nebraska. Mr. Speaker, will the gen­ withhold his objection for a moment? tleman yield? l\lr. GARD. Yes; I will to give opportunity to the gentleman Mr. SANDERS of Indiana. Yes. from Indiana to make his statement. 1\lr. McLAUGHLIN of Nebraska. ·when the bond was for­ 1\Ir. SANDERS of Indiana. 1\!r. Speaker, I thoroughly under­ feited, did they bring suit on tlle bond? stand the vieWPoint of the gentleman from Ohio [Mr. GARD] in Mr. SANDERS of Indiana. No. When the bond was for­ objecting to this bill. I think, however, that he overlooked cer­ feited they paid $4,000 to the Treasury. tain important facts that are disclosed here, and that upon r~ Mr. McLAUGHLIN of Nebraskn. Was the defendant con­ consideration he will not object. The claimant in this case victed? was the stepfather of the defendant, who was convicted under 1\lr. SANDERS of Indiana. Yes. the white-slave act. The defendant was not present when the Mr. KELLY of Pennsylvania. The point is that Mr. Woodall case was called. The bond given by the Southern Surety Co. did not think it advisable and necessary to inform the Fe'deral was forfeited, and, of course, the claimant paid over the $4,000 officers when they already had. this defendant in the hospital indemnity, so that that money went into the Treasury of the under their surveilla:uce. United States. Mr. SANDERS of Indiana. That is true. If the claimant in l\lr. BEE. M-r. Speaker, will the gentleman yield? this case made no attempt to L.nd the defendant, I would not 1\Ir. SANDERS of Indiana. With pleasure. feel like arguing in behalf of the payment of this claim. But Mr. BEE. When this money of the bond was declared for­ the claimant made every effort and went to the officers of the feited there was no resistance on the part of l\lr. Woodall or law, although not to the Federal officers, and employed an offi­ the Surety Co. to the immediate payment of the money into the cer at his own expense and found this man, and at that time he hands of the Government? did not give the advice to the Federal officers because be was Mr. SANDERS of Indiana. No. It was immediately paid. informed they had put Steele in the hospital and he could not

. 1920. CONGRESSION.A.L RECORD- HOUSE. 5103 ~· - · ~ ,. .

get away, and that he was under the surveillance of the Federal Mr. KELLY of Pennsylvania. If I am not mistaken, this is authorities. He ought not to be required to do a useless thing. the clause that has been put in measures of this kind by the I hope, Mr. Speaker, that the gentleman from Ohio will not Claims ·committee for the purpose of certifying the amount object to the payment of this claim. decreed by the court, so that payment will follow. 1\fr. GARD. 1\fr. Speaker, I renew the objection. 1\Ir. WALSH. In some of these collision cases you might be The SPEAKER. Objection is made. The Clerk will report authodzing quite an appropriation of money. the next bill. 1\Ir. KELLY of Pennsylvania. I will sny that the same provi­ OWNER OF THE STEAM LIGHTER " CORNELIA." sion is found in the next bill on the calendar. The next business in order on the Prha te Calendar was the 1\Ir. WALSH. Yes ; in all these three Senate bills that provi­ bill (S. 1004) for the relief of the owner of the steam lighter sion is carried. Cornelia-. In view of the statement made by the gentleman from Con­ The title of the bill was read. necticut and the gentleman from Pennsylvania, I will withdraw The SPEAKER. Is there objection to the present considera­ my objection. tion of the bill? The SPEAKER. Is there objection? . Mr. WALSH. Reserving the right to object, Mr. Speaker, I Mr. BLANTON. I object. would like to ask the gentleman in charge of the matter who the The SPEAKER. The gentleman from Texas objects. The owners of this steam lighter are? Clerk will report the nen bill. Mr. GLYNN. If the question is directed to me, Mr. Speaker, STEAMSHIP "MATOA." I will say that I do not know. This is one of the cases that I The next business on the Private Calendar was the bill (S. m:n not familiar with. 1005) for the relief of the owner of the steamship Matoa. Mr. WALSH. It appears that this collision occurred in Bos­ The Clerk read the title of the bill. ton Harbor rather rec-ently-that is, in August, 1918-and that The SPEAKER. Is there objection? tbe vessel which was damaged did not have any lookout sta­ There was no objection. tioned on its bow, as is required by the navigation laws, and The SPEAKER. The Clerk will report the bill. the collision resulted when both vessels were proceeding during The bill was read, as follows: a thlck fog. But in view of the fact that it would seem that Be it enacted, etc., That the claim of the owner of the steamship the lack of this lookout would be construed as such negligence Matoa arising out of a collision between said steamship and the United States tug Lucille Ross off Lambert Point Va..., on the 17th day of as would not permit recovery, I can not quite see why the com­ January, 1918, for and on account of the losses alleged to have been_ mittee recommends this case to the Court of Claims. suffered in said collision by the owner of said steamship Matoa by Mr. GLYNN. I mll say for the information of the gentle­ reason of damages to and detention of said steamship may be submitted man that this is not the finding of any court. It is the finding to the United States Court for the Eastern District of Virginia, under and in compliance with the rules of said court sitting as a couTt of of a board of investigation. This bill has already passed the admiralty; and that the said court shall have jurisdiction to hear and Senate. We are simply asking that the claimants may have the determine the whole controversy and to enter a judgment or decree for the amount of the legal damages sustaM1ed by reason of said collision, opportunity to go into court and present their case. The find­ if any shall be found to be due, either for or against the United States ing of a board in investigation of the Navy ought not to estop upon the same principle and measure of liability with costs as in like the owners of this vessel from presenting their case in court. cases in admiralty between private parties with the same rights of appeal. That is the way it would seem to me. SEc. 2. That should damages be found to be due from the United States to the owner of said steamship Matoa, the amount of the final Mr. WALSH. If the private owners admit that they had no decree or decrees therefor shall be paid out of any money in the United lookout on the bow of the vessel, would not that practically put States Treasury not otherwise appropriated : Provided, That such suit shall be brought and commenced within fQur :r::.onths atter the pas~age them out of court? of this act. Mr. GLYNN. It might. I do not know that they have ad­ SEC. 3. That the mode of service of process shall conform to the pro­ mitted it. vi ions of the act of March ·3, 1887 ~ entitled "An act to pruvide for the Mr. WALSH. The findings of this board were that there was bringing of suits against the Uniteo States." no negligence on the part of the personnel of either ship, ex­ With the following committee amendment: cept that the master of the Cornelia did not have a regularly On page 2, line 15, strike out all of section 3. stationed lookout in the bow of his vessel. The SPEAKER. The question is on agreeing to the commit­ Mr. KELLY of Pennsylvania. Will the gentleman yield? tee amendment. Mr. GLYNN. Yes. The committee amendment was agreed to. Mr. KELLY of Pennsylvania. If the gentleman will note, on The bill as amended was ordered to a third reading, r..nd was page 2 of the report, there is a very clear request on the part accordingly read the third time, and passed. _of the department that this matter be referred to the court for On motion of Mr. GLYNN, a motion to reconsider the vote by adjudication. I call the attention of the gentleman from Massa­ which the bill was passed was laid on the table. chusetts to that. SCHOONER "HORATIO G. FOSS." Mr. WALSH. That is what they do with all these claims. The next business on the Private Calendar was the bill ( S. Mr. KELLY of Pennsylvania. Oh, no. 1006) for the relief of the owners of the schooner Horatio G. Mr. WALSH. 'Vherever a board of investigation finds the Foss. · fact and expresses no opinion on the question of liability, the The Clerk read the title of the bill. Secretary shunts them along, when a bill is introduced, with The SPEAKER. Is there objection? the recommendation that the matter go to the Court of Claims. Mr. WALSH. Mr. Speaker, reserving the right to object, this Mr. KELLY of Pennsylvania. He recommends favorable is another bill in which the findings show that this vessel was action on this bill? anchored in the usual. course of vessels-- 1\Ir. 'VALSH. Yes l that is what he always does. Mr. CLARK of Missouri. 1\fr. Speaker, did anybody object to Mr. KELLY of Pennsylvania. We have had many cases where this bill? he did not recommend favorable action. 1\fr. WALSH. I am reserving the right to object. ., 1\Ir. 'VALSH. I think the gentleman will admit that that Mr. CLARK of Missouri. 'Vould it not be a good thing to is u ually when the board of investigation expres es some have the bill read? opinion upon the question of liability, and when it is very Mr. WALSH. I have no objection, if the gentlem~n would adverse. like to nave the bill reported. Mr. KELLY of Pennsylvania. The statement of the depart­ Mr. CLARK of 1\Iissouri. Yes. ment in this case is so clear that I am sure my friend from Mr. WALSH. I will ask that the bill be reported, still re- Massachusetts ,-nn admit that at least it might be referred serving the right to object. . to a court of admiralty for a determination of the justice of the The SPEAKER. The Clerk will report the bill. claim. The bill was read, as follows : 1\Ir. WALSH. Reserving the right to object, I would like to Be it enacted, etc., That the claim of the owners of the schooner ask one further question. Is it 11sual in cases of this sort to Horatio G. Foss, arising out of a collision between said schooner and make an appropriation for any judgment that may be here­ the U. S. collier Jupiter off Winter Quarter Light Vessel on the 18th after rendered? I was under the impres ion that that was left day of May, 1918, for and on account of the losses alleged to have been suffered in said collision by the owners of said schooner Horatio G. until after the judgment was certified, and then it was taken Foss by reason of damages to and detention of said schooner, may l.Jc care of in a deficiency bill. submitted to the United States court for the di trict of Mas achusetts 1\fr. KELLY of Pennsylvania. I will say to the gentleman that under and in compliance with the rules of said court sitting as a court of admiralty; and that the said court shall have jurisdiction to bear the certification of the amount decreed is the usual procedure. and determine the whole contraversy and to enter a judgment or de­ Mr. WALSH. You have got several other bills that you are cree for the amount of the legal damages sustained by reason of said referring to the court, and they do not carry this same provi­ collision, if any shaH be found to be due either for or against the United States, upon the same principle and measure of liability, with sion. I wondered whether this was something t~'l.t was peculiar costs, as in like cases in admualty between private parties, with the to the other body. same rights of appeal. 5104 CONGRESSIONAL RECORD-HOUSE. .A.PRIL 1,

SEc. 2. That, should damages be found to be due from the United Mr. BLANTON (continuing). If there were facts that sur~ State to the owners of said schooner Horatio G. Fo&B, the amount of the final decree or decrees therefor shall be paid out of any money in rounded it that led the gentleman to believe that there were the United States Trerumry not otherwise appropriated: Provided, no merit in it. He would not put into motion the machinery That such suit shall be brought and commenced within four months of the Government, which is always expensive. after the passage of this act. SEc. 3. 'fhat the mode of service of process shall conform to the pro­ Mr. TINKHAM. I assume that there must be some merit visions of the act of March 3, 1887, entitled "An act to provide for the in the case or the Navy Department would not have recom­ bringing of suits against the United States." mended that it go to a trial court, and especially when the With the following committee amendment: House committee in the last Congress went into the merits of On page 2, line 15, strike out all of section 3. the case and recommended its submission. The SPEAKER Is there objection? Mr. BLANTON. Mr. Speaker, there are other cases on the Mr. WALSH. Reserving the right to object, I should like to Private Calendar more meritorious and needing attention more than this, and I object. a~k the gentlemen of the committee if they beard anybody upon this claim or if they just took the report submitted by the SCHOONER " HENRY 0. BARRETT." Senate committee and reported the bill on that information? The next business on the Pri-rate Calendar was the bill (S. Mr. KELLY of Pennsylvania. The Committee on Claims 1222) for the relief of the owners of the schooner He,-wy 0. took the report of the Senate committee without special hear­ Barrett. ings. The SPEAKER. Is there objection? l\lr. TI~~f. Mr. Speaker, perhaps I can give so::::e in­ Mr. GARD. Reserving the right to object, I do so for the pur­ formation to the honorable Representative from Massachusetts. pose of learning from the committee why it is that they strike A similar bill to this in every particular was reported by the out the section providing for the mode of service. . Committee on Claims of the last Congress and passed by the Mr. GLYNN. It was my understanding that it was done in House of Representatives, but failed of passage in the Senate order to follow the usual custom, and that it is the usual custom on account of the confusion at that time due to international to report bills from the committee in this way. affairs. As I . am informed, at the last session, as at this ses- Mr. GARD. If that section is stricken out, is there any ion, the Navy Department has examined the facts, and in special provision for service? each case recommende· that tl1e claim was a proper one to be Mr. GLYNN. The general admiralty law, which provides hrought before an admiralty court I am also informed that what the mode of service shall be. tile Committee on Claims of the last Congre~.J went as far as Mr. GARD. On page 1 it provides that it may be submitted necessary into the merits and agreed with the Navy Depart­ to the United States court for the district of Massachusetts ment. The Senate has now passed this bill after h&,.ving, as I under and in compliance with the rules of said court sitting as a understand it, gone into the question of its propriety for sub­ court of admiralty. That is the only reference I see to a rule. missio:l to an admiralty court. I have every reason, although I confess I do not know, and therefore I am seeking information I am not deeply familiar w4th the case, to believe that it has as to whether or not it is necessary to have some section pro­ sufficient merit to be submitted for a determination of· the viding for the service of the process in this case and similar facts and a decision. cases. Mr. \V.USH. Does the gentleman think that the claim of the Mr. MAcCRATE. The claimant is interested in getting into owners of the Foss has any merit, in view of the fact that she court, and unless the claimant follows the admiralty course of • was anchored where ves els were constantly passing, and procedure he will ne-rex get into court with his case. When you apparently did not sound .her fog signal, and was violating the lay down a provision that he must follow the rules of that court international rules of tile road? you have done· as much as you can in regard to the procedure to Mr. TINKHAM. I am not an admiralty lawyer, but I assume be followed. that as the Navy Department has reported it twice to be a Mr. GARD. What I am trying to arrive at is whether the lan­ proper matter for adjudication by an admiralty court, and as guage I have just read is sufficient to cover a question of service. the Committee on Claims of both this Congress and the last I do not know; I am asking for information. r:eported it favorably, and also as the House passed it during Mr. MAcCRATE. The rules of the court would lay down the the last Congress and the present Senate has passed it, the case procedure as far as- the service is concerned. must have some merit Inasmuch as this is a mere authoriza­ Mr. GREEN of Iowa. Will the gentleman yield? tion for the claim to be submitted to a court of admiralty, it Mr. GLYNN. I will yield to the gentleman. seems to me that no serious harm can come from its passage. Mr. GREEN of Iowa. I was unable to hear all that the gen­ As to the specific question that the honorable Representative tleman from New York [Mr. MAcC&ATE] said, but I take it that from Massachusetts asked me I can not answer. he assumed that the last section is unnecessary. Mr. WALSH. Mr. Speaker, I withdraw my reservation of a Mr. MAcCRATE. Yes. point of order. Mr. GREEN of Iowa. The United States court will not have Mr. BLANTON. Reserving the right to object, is it not jurisdiction until given it by this act Once given jurisdiction, usual, where the department is in favor of having such a claim then the provision in reference to bringing suits aganst the as this paid, that instead of merely suggesting that it go to a United States would apply, and this last section would be wholly tribunal for adjudicatiQn the department recommends that the unnecessary. Committee on Claims allow it and have it paid? Is not that Mr. GARD. There must be some service. the usual method? · Mr. GREEN of Iowa. Of course, but it would have to be in Mr. TINKHAM. Sometimes it is done that way and some­ accordance with the provisions of the act defining service. times not. In this particular case there may have been some Mr. GARD. There is nothing in this bill defining service. doubt on the part of the department which it wanted to solve Mr. GREEN of Iowa. It does not have to be; the general law by an adjudication in an .admiralty court. with reference to service applies as soon as the court gets juris­ Mr. BLANTON. Does the gentleman question the proposi­ diction. tion that this particular vessel at the time_ it was injured Mr. KELLY of Penn ylvania. The Senate in introducing bills was anchored in the pathway that vessels usually took, and of this kind used an old form and requested the committee of that it took no precaution required by the laws of navigation the House to strike out this section as superfluous and entirely to prevent an accident? unnecessary. Mr. TINKHAM. I do' not know, as I stated before, much Mr. GARD. I have no objection to the consideration of the about the merits of the controversy. bill if it is considered to be in conformity with the law. 1\fr. BLANTON. I shall be forced to object. The Clerk read the bill, as follows: l\Ir. TINKHAM. If the honorably Representative from Texas An act (S. 1222) for the relief of the owners of the schooner llem·y 0. will withhold his objection for a minute, the facts are to be Burrett. Be it enacted, etc., That the claim of the owners of the schooner tried in an admiralty court, and1 if the facts are as the gentleman Henry 0. Barrett rising out of a collision between said chooner and the claims, that court would give an adverse decision. United States monitor Ozark, off Five Fathom Bank Lightship, on the Mr. BLANTON. The harm would come to the extent that 19th day of April, 1917, for and on account of the los es alleged to have been suffered in said collision by the owners of said schooner H enry 0. the machinery of the Government would be put in action to have Barrett by reason of damages to and detention of said chooner, may be the trial, and a trial always costs money, and is sometimes submitted to the United Stutes court for the district of Massachu etts. under and in compliance with the rules of said court sitting as a court very expensive to the Government as well as private litigants of admiralty; and that the said court shall have jurisdiction t <. hear engaged in the tran action. I take it that the gentleman from and determine the whole controversy and to enter a judgment or decree Massachusetts would not want to send any such case to a for the amount of the legal damages sustajned by reason of sai

SEc. 2. That should damages be found to be due from the United tion, have placed ourselv~ in the position of a highwayiDan States to the owr:ers of said schooner Henry 0. Barrett, the amount of who puts a pistol to the bead of an individual and demands the final decree (Jf decrees therefor shall be paid out of any money in the United States Treasury not otherwise apwopriated: ProVided, That that he surrender his property or perish. We say, in this r~so­ such suit shall be brought and commenced within four months after the lution, to these nationals that if they do not ~urr~nder their passage of this act. · property rights_ we .will become a party .to starving the men, The following committee amendment was read: women, and children of their countries. Strike out all of section 3. We do not in the resolution, however, undertake to say there The SPEAKER. The question is on the committee amend­ is any moral right in our position. We merely say that unless ment. they surrender their property we will withhold from them all The committee amendment was agreed to. economic, commercial, and political rights. Whether our claim:; The bill as amended was ordered to be read a thtrd time, was to this property be just or unjust; we will, by passing this reso­ read the third time, and passed. lution, stand discredited and dishonored in t.pe eyes of all the On motion of 1\Ir. GLYNN, a motion to reconsider the vote peoples of the earth. How much better would it be for. the whereby the bill was passed was laid on the table. Senate to reconsider and ratify the treaty o·f peace than for the Congress to be called upon to stultif-y itself in t:t~e sight of all· DONNELLY & EGAN. right-thi~g peoples everywhere. If the Senate would ratify The next business in order on the Private Calendar was the the treaty, and it should then be found that any injustice or bill (H. R. 3977) for the relief of the legal representatives of hardships were entailed under itt these could be corrected. Donnelly & Egan, deceased. It is a harsh suggestion, but I think it is true, nevertheless, The Clerk read the title of the bill. that this is but one more shifting of the scenes in this con­ The SPEAKER. Is there objection? spiracy by the Republican Party to discredit the President for Mr. WALSH. Mr. Speaker, reserving the right to object, political advantage. It is a desperate game at which the Re­ from a hasty examination of the report on this bill i~ would ap~ publicans play in order to tiy to deceive the American people pear that the Court of Claims has passed upon it adversely. It into returning that party to power. involves the damages for the taking of some cotton during the History undoubtedly, though tardy, will record the truth and Civil War. political punishment be meted out -to those who aid in the com­ Mr. DARROW. Will the gentleman yield? mitting of this political crime. Mr. WALSH. Yes; I will yield to the gentleman. If not now, sometime, justice and fair dealing, national honor, l\1r. DARROW. The objection, as I understand it, nt that and love of country will come into their own and then the time was absolutely because of the lack of establishing to the perpetrators of this political subterfuge will s~nd pilloried in court's satisfaction of loyalty which has since been done. There the court of an enlightened public opinion. [Applause.] was never any question about the taking over and use of the WILUAM MALONE. cotton. The next business in order on the Private Calendar was the Mr. WALSH. \Vell, the court, as late as Nonmber 16, 1914, bill (H. R. 9046) for the relief of William Malone. after refusing a new trial and after having petitioned Congress The Clerk read the title of the bill. for relief and having the matter referred to the court under the The SPEAKER. Is there objection to the present considera­ Tucker Act, handed down a finding that it formerly made. That tion of this bill? [After a pause.] The Chair hears none. The is as late as 1914. The facts, as I understand it, are not dis­ Clerk will report the bill. . puted as to the amount of cotton and the value of it, but does The Clerk read as follows : the gentleman know as to the status of the legal representatives Be it enacted, etc., That the Secretary of the Treasury be authorized of these two original claimants at this time? to pay, out of any money of the United States not otherwise appro­ pria~d, to William Malon~ t~e sum <>f $75, being the cost of an abstract Mr. DARROW. The legal representatives are still living, as of title sent to the Comnuss10ner of the· General Land Office in August I understand it There are relatives still liVing who are asking 1916, and lost by some employee of that office. • for this relief. The bill was ordered to be engrossed and read a third time A MEMBER. Will the gentleman state the amount of this was read the third time, and passed. · . -' claim? · On motion of 1\Ir. GLY~ N, a motion to reconsider the vote by Mr. DARROW. $26,535. which the bill was passed was laid on the table. Mr. BLANTON. To save time, unless the gentleman wants PETER M'KAY. to discuss the matter, and in case the gentleman from Massa­ chusetts does not object, I intend to object to the bill-that is, The next business in order on the Private Calendar was the unless the gentleman wants to discuss it bill ( S. 390) for the relief of Peter McKay. Mr. DARROW. I will say to the gentleman from Texas I The SPEAKER. Is there objection to the present considera­ have no desire to discuss the bill. I think it is a proper bill tion of this bill? and ought to be passed. Mr. GARD. Mr. Speaker, reserving the right to object, I do Mr. BLANTON. I object. that for the purpose of asking concerning the amount of this The SPEAKER. Objection is made. compensation carried in the bilL The bill provides for a pay­ Mr. CARAWAY. Mr. Speaker, I ask unanimous consent to ment of $939. The reason I make the inquiry is because it proceed for a few minutes. appears on page 6 of the report as sent by the Chief of En~ineers The SPEAKER. Is there objection? of the United States Army that if Mr. McKay had co-me within There was no objection. the provisions of the compensation law with reference to in­ Mr. OARA WAY. Mr. Speaker, in the most solemn and em­ juries of employees of the Government, under the act of May phatic manner I wish to protest against the passage of the reso­ 30, 1908, his compensation would have been $596.33. I do not lution shortly to be reported to this House declaring the war like to object to the bill, because I realize that Mr. McKay was with Germany and the late emergency arising therefrom at an injured, prpbably badly injured, I th~, frq)-D the reading of end, by which means Congress, disregarding its duty to the the bill, without any fault of ills own, but what I would like to country and the limitations of the Constitution, seeks to usurp know is why a greater sum should be given McKay on a bill the executive functions of the Government outside of the compensation law than he would have recejved I can not persuade myself that any lawyer-! am not speak­ had he been within the compensation law of 1908? ing now of political lawyers, but of real lawyers-believes that Ur. GLYNN. I do not know the committee have established the Congress has constitutional authority to do this thing; nor any hard and fast rule. :Mr. 'Mn.r..ER of Washington is more can I persuade myself to believe that anyone who lo~s his familiar with the case, and I will ask him to explain it. · country more than his party will vote for this resolutio'li. To Mr. GARD. That is what I want to know. Under the com­ me it seems unthinkable he should do so. What would be the pensation law he would have receivedt according to the report relations, internationally speaking, between our country and the of the Chi~f of Engineers, $596.33. This provided originally for German Government if this resolution should prevail? We $2,500, but a reduction was made to $939, which is a year's pay, would have then neither peace nor war, and no diplomatic re­ as I take it. lations whatsoever with. the people of Germany and Austria. Mr. 1\IILLER. I believe the compensation law was passed in Necessarily we would have no voice in the settlement of any of 1908, and thi.s injury occurred in 1904. the questions growing out of this war, because we would have 1\fr. GARD. Yes taken ourselves out of .the controversy and thereby denied our­ rr.Jr. MILLER. .And it would not come under the compensation selves the opportunity to see that a just and lasting peace law, as I understand it. should be concluded and kept. Mr. G.ARD. I say it would not. The point I make is that this Then, again, what will be our situation with reference to thP. man's claim under the compensation law would amount to seized property and ships which belonged to the nationals of $596.33, and not being under the compensation in 1904 he is Germany and Austria? We will, by the passing of this resolu- not entitled to anything. ·

• 5106 CONGI{ESSION AL. RECORD-HOUSE. APRIL 1, .

I would suggest that Mr. McKay, who legally is not entitled to case as I know them, where the amount would not pay the anything from the Government, should receive no greater com­ doctor's bill and for the aJ)lputation of the claimant's leg. pensation than one who would come within the meaning and :Mr. GARD. I object, then. scope of the compensation law. Therefore if the gentleman is willing to accept an amendment providing that he should receive SWA.NHILD SIMS. $596.33, it would seem to me to be following the ordinary course The SPEAKER. The Clerk will report the next bill. of procedure, and not giving this man any more or any less than The next bill on the Plivate Calendar was the bill (H. n. other persons in the Government employ receive under the 6198) authorizing payment of compensation to Swanhild Sims compensation law. for personal injury. Mr. MILLER. I may answer the gentleman from Ohio that I The SPEAKER. Is there objection to the present considera- believe it was the precedent prior to the enactment of the com­ tion of this ~ill? pensation law, in the settlement of claims of this character, to 1\Ir. BLANTOl:. May we have the bill reported? give one year's pay. I believe that was the principle upon which The SPEAKER. The Clerk will report the till. many of these claims were settled. The Clerk read as follows : Mr. GARD. That was the principle. Be it enacted, etc., That the Secretary of the Treasury be, and he Is Mr. MILLER. I may say, Mr. Speaker, that this injury oc­ hereby, authorized and directed to pay, out of any money in the Treas­ curred in 1904. I know the gentleman, Mr. McKay. He lost ury not otherwise appropriated, to Swanhild Sims the sum of $2,500 as compensation for injuries received on or about February 21h 1919 at his leg under the most distressing circumstances. In the effort Seattle, Wash., when she was struck by a truck operated by t e Umted1 to heal himself he has lost everything he has in the world. The States .Army. Senate passed a bill giving the· old gentleman $2,500, but the Also the following committee amendment was read: House, under the precedent so long established by the committee, Committee amendment, page 1, line 6, strike out the figures "$2,500" cut it to one year's pa.y, at the rate of pay he would have re­ and insert in lieu thereof ·• $722.25." · ceived at the time of the injury, which was 16 years ago. Mr. GARD. I understand that. What I am trying to have The SPEAKER. Is there objection to the present considera­ the gentleman advise me of is ns to why under the condition tion of this bill? where this man, who was most unfortunately injured, and I Mr. GARD. Reserving the right to object, as I read from the think without any fault of his own, but without any recourse report, this woman, Swanhild Sims, while standing on a bridge and compensation from the Government, should get a greater was struck by a motor truck operated by a chauffeur of the return by compensation than a man who came within the scope 'Var Department. The truck-had skidded on its approach to the of the compensation law passed four years afterwards. bridge, and went from one side of the approach to the other, and Mr. MILLER. My only answer is that it is in keeping witll when it came across on the side where Swanhild Sim was it the precedents the committee reported in ca es of like character broke down the railing, and the breaking of the railing threw at the time the injury was suffered by this man. her off the bridge. Is that a correct statement? Mr. GARD. I think the better precedent would be tllat we Mr. KELLY of Pennsylvania. That is the fact, :Mr. Speaker, provide for this man as much as would have been provided for and I would say further that the committee considered the cir­ him had he been within the operation of the compensation act. cumstances connected with this injury, and the fact that state­ Is the gentleman willing to accept such an amendment? ments were·made by the War Department officials that no blame Mr. MILLER. I can do nothing elNe if the gentleman insists particularly could be attached to the chauffeur of the l\Iotor on it. Transport Qorps. An affulavit is filed by the c.hauffeur tntlng Mr. GARD. I do not do it for the purpose of beating down that he had had trouble for some months with the steeling gear this man, because it is an unpleasant thing to do. I merely do H of his car and that he lost control of it as he approached the because · we should have this case correspond with cases under bridge, and that the skidding of the machine threw the machine the compensation law. from one side of the approach to the other, knocking down the Mr. MILLER. I can only say to the gentleman from Ohio that railing, and this woman was thrown over and received serious it is in accordance with other cases that were reported on by injury. The bill provided for $2,500, and the committee con­ the committee, and this case would have received the same sidered after investigation that it would consider only the actual amount had it been possible to have had the bill passed before expenses, which include her hospital and medical expense , and this. And I think if the gentleman from Ohio knew the dis­ other expenses sustained by her. Mr. GARD. Where is the affidavit? / tressing individual circumstances in this case, knowing him as I do, he would not object. Mr. KELLY of P nnsylvania. The affidavit of the chauffeur Mr. GARD. I dislike very much to make the suggestion I will be found at the bottom of page 4 of the report, and tates do, because I realize it is an unfortunate case. that the machine was out of control entirely, due to the stiffne"s I note in the bill that this is to be appropriated to or paid to of the steering gear. "Peter McKay or his legal representatives." Is McKay living Mr. GARD. I have no objection. or dead? · The SPEAKER. The Clerk will report the bill. Mr. MILLER. He is living. The bill was again read. Mr. GARD. Why do you use that language? The SPEAKER. . The Clerk "·ill report the committee amend- Mr. MILLER. I do not know why that language was put in ment. the bill. I observed it. This is a Senate bill. The Clerk read as follows: Mr. GARD. I think the bill should be corrected in these two In line 6, strike out "$2,500" and insert " $722.25." particulars. The SPEAKER. The question is on agreeing to tlle committee Mr. MILLER. I presume it is for the purpose of providing, amendment. if Mr. McKay should die before he got the money, that his legal The committee amendment was agreed to. representatives would receive it, which in this case would be The SPEAKER. The question is on the engro ment and his old widow. third reading of the bill as amended. Mr. GARD. Of course, that is the law. That if you make an The bill as amended was ordered to be engrossed and read a appropriation to him in his name, and he dies when the appro­ third time, was read the third time, and passed. priation is made and before he collects it, it would be col­ On motion of Mr. GLYNN, a motion to reconsider the vote lected-- whereby the bill was pas ed was laid on the table. Mr. MADDEN. It would not have to be probated if it was put in the bill in this way. AUGUSTA. LOUISE DE HA.VEN-ALTEN. Mr. MILLER. The suggestion is made that if the phrase­ The SPEAKER. The Clerk will report the next bill. ology of the bill is carried it would not be uece sary to probate The next business in order on the Private Calendar was the this amount in the event of the death of 1\fr. McKay. re olution (S. J. Res. 134) to readmit Augusta Louise de Haven­ Mr. GARD. I have no objection to it. If the gentleman will Alten to the status and privileges of a citizen of the United offer the amendment I have suggested, I have no objection. St!ltes. Mr. MILLER. \Vill the gentleman offer his amendment? 'l'he title of the resolution was read. Mr. GARD. If the gentleman cares to offer it in accordance The SPEAKER. Is there objection to the present con itlera­ with what I have said, in order that it may.come within what is tion of the resolution? the unquestioned operation of the compensation law and afford l\Ir. RAKER. I reserve the right to object. . this man just what he would have received had he been under l\Ir. l\fADDE1~. I hope, Mr. Speaker, that the gentleman will that law, I should not object to the consideration at this time. not object until the gentleman from Colorado [1\lr. VAILE] ex­ Mr. MILLER~ I would not feel like offering an amendment, plains it or will permit me to. T}li is a case of a family that I will say to the gentleman, in view of tile circumstances of this formerly lived in Chicago. The facts in the case justify the

. 1920. OONG-RESSION I\_L R.ECORD-.HOUSE. 5107

consideration of the bill. I would like to submit a statement Mr. . BEE. Would it not be a good precedent to enable Amer­ or. will be glad to allow the gentleman from Colorado to make ican women who are uncomfortably ituated oyer there to get one. · away from the thraldom and come back to this country? Mr. RAKER. I will reserve the right to object, in order that Mr. VAILE. I think it would be a good thing for them to the gentleman from Illinois ·or the gentleman from Colorado come back, ·but this divorce proceeding was begun years ago. may make his statement. I would like, in preference to the .Mr. BLAJ\TON. They ought to haYe more sense and never right of reserving the right to object, to explain to the House live there. the provi ions of the affidavit of this lady, found on pages 36 l\Ir. VAILE. I am inclined to agree with the gentleman. and 37 of the hearings, where she states that primarily she This woman's father was an American naval officer, who retired carne back to this country to obtain a divorce in order to obtain after being severely wounded in action in the Civil War. He , property. In other words, is the House of Representatives to went to Switzerland to educate his children. reso1Ye itself into a divorce court? . He went, not to Germany but to Switzerland, when his daugh­ Mr. VAILE. l\Ir. Speaker, the House of Representatives is ters were little girls. Now, I do not know just what the reason not assuming the functions of a divorce court. The House of was. Some people think it is desirable to bring up their chil­ Representatives is asked to pass this resolution because only in dren in countries where they have an opportunity to learn other that way can this woman, who was born an American citizen languages while they are young. During her father's lifetime and all whose relatives . for generations .have been American they frequently visited the United States. Her father died when citizens, be saved from absolute destitution. I understand the she was 15 years old. After that time she lived with her step­ gentleman from California [Mr. RAKER] has very deeply founded mother, a Swiss woman, who was the mother of two boys, half objections to any woman who marries a foreigner. I am not brothers of this petitioner, one of whom was in the Fr~nch Army quarreling with that. and the other of whom died a corporal in the Army of the United Mr. RAKER. Ob, not at alL I trust the gentleman would States in the Great War. not put it that way. The objection I ba\e is to an American Mr. RAKER. In paragraph 2 of the affidavit she made when woman marrying ·a foreigner and then, just the moment things tryi:p.g to get to Switzerland again, which she entered as a Ger­ do not go right, she commences to squeal and jui:nps back to . man subject, on page 36, she makes this statement: the United States and asks for protection. Since my marriage I have spent very little of my time in Germany, Mr. VAILE. .Mr. Speaker, the " moment" referred to is a for the most part traveling in Italy, France, E~t, Algeria, and Switzer­ pretty long moment. She started the divorce proceedings from land. I was last in the United States of Amei'lCa in the year 1917. this German as far back as 1904. She bas not seen him since But the moment there is a question of property involved she 1911, as the gentleman will recall. comes to the United States and employs counsel, ·w:bo, with a Mr. RAKER. By her own written declaration she entered into fine-tooth comb rakes over the statutes of the various States to an agreement with her husband that they should live separate find the State wherein she can secure a divorce the most easily. and apart. The record shows that they were afraid the peace treaty would Mr. VAILE. The gentleman knows very well what the reason be disposed of, and that her property would be involved in that. was. She had two daughters, one of whom was about to be So. therefore she comes to Congress asking us to grant her this married, and the daughters regarded it as more or less of a relief as n. . divorce court, so that she may acquire her property, disgrace to have a divorce in the family; but even under those not on the question of citizenship. I am ready and willing to ex­ circumstances she could not withhold her action for divorce tend any special act and to give any relief to those returning here forever, and again in 1910 proceedings were instituted and they who are seeking citizenship in the United Sta-tes, who appeal to are now pending. The case bas been tried once. and the hus. Congress for the restoration of their rights; but this whole band's infidelity proven by undisputed evidence, but because it record from beginning to end shows that her p1imal object, her was not of sufficient "notoriety." because there was not suffi­ main purpose is to get Congress to act as a divorce court, so that cient public humiliation of the wife to satisfy the German court, she may secul'e property through a release from her own act, the case was continued for further evidence; and except for the when she has been traveling all over the world and cares very status of her husband as an officer of the German Army, which ·tittle about the United States. prevented a further trial of the proceedings against him-- 1\Ir. VAILE. Mr. Speaker, it does seem to me that a woman Mr. RAKER. The lady stated on the stand, as did her coun­ who is a grandmother should not be very much blamed if she sel, that so far as the property in Germany was concerned, she wants to get hold of her property. Even I, who am young and expected it was gone; but in her affidavit it is shown here that strong and a male, like to hold on to what little property I have. this same German husband of hers told her that if she would Mr. RAKER. Will the gentleman yield for a question? withdraw her claim on the German property be would withdraw l\Ir. VAILE. Yes. his objection to her divorce. Mr. RAKER. Let me read her own affidavit on page 36: Mr. VAILE. Does the gentleman, as a Member of the Ameri­ 2. That I was married in the city of Berlin (Prussiaf, Germany, to the Baron Eberhard Curt-Alten on October 21, 1886; that the issue of can Congress, object to the American Congress proceeding in a said marriage, two daughters, are married, but the deponent has sev­ manner which may prevent the German husband, who never ered all relations with my said daughters since the year 1912. did anything to conserve this prgperty, from getting it? The This mother that the gentleman speaks about with flowing gentleman apparently thinks that this American woman should tears, who at one time had an American father, who comes to permit all this property to go to her German husband to be the United States solely for property, bas not only left her squandered. This woman married on her eighteenth birthday. country but has repudiated her daughters, by her own affidaYit. She was married 36 years ago in Switzerland. At that time she That is the situation. carne into the possession of a very considerable inheritance, Mr. :MADDEN. Will the gentleman yield to me for a amounting to $100,000 in cash. moment? Mr. RAKER. Mr. Speaker, wiJI the gentleman yield right Mr. RAKE]l. Yes. there? Mr. MADDEN. I happen to have known the father of this 1\lr. VAILE. In just a moment I will yield. This $100,000 woman. all went to her German husband under the provisions of the Mr. RAKER. Oh, her father bas a great record. German law. The gentleman from California will remember 1\Ir. l\!ADDEN. He was a distinguished captain in the that this $100,000 has all been squandered by this German hus­ American Navy, in which be served for 24 years. He ·;vas band, except possibly about $25,000, which is invested in Ger­ wounded in the sen-ice and retired as the result of his wounds. man real estate. Her mother's father was also an officer ir. the American Mr. RAKER. Mr. Speaker, will the gentleman yield? Navy, where he en·ed for 45 years. Her other relatives were Mr. V.AILE. Yes. ambassadors to European countries representing the United Mr. H.AKER. This is the statement of the defendant on page States. There is every reason in the world why this bill 36, an affidavit: should be passed. This woman's Americanism has never been I am further informed and believe that my husband is prepared to withdraw all opposition to my demand for a divorce in the event of my questioned. withdrawing all claim to my property, real and personal, situated in Mr. RAKER. Will the gentleman yield for a question? Germany, which I have refused. . Mr. MADDEN. Yes. Mr. VAILE. If she has any claim left to that pitiful remnant Mr. RAKER. • So that the Hou e may fully understand, the of her former estate upon which her husband bas been living_ purpose of this bill primarily is to allow this woman to obtain and most of which he has squandered during those years follow­ property. ing her marriage, why should we require her to surrender that? Mr. JOHNSON of Washington. ·Let me make the facts ns to Her husband did not earn this money. It was earned by an the property clear. American. Mr. MADDEN. We had a case like this in t~1~ House about Mr. BEE. Mr. Speaker, will the gentleman yield? two months ago, and the gentleman voted for it. lir. VAILE. Yes. 1\Ir. RAKER. No; I did not.

·9 5108 CONGRESSIONAL RECORD-HOUSE. APRIL 1,

Mr. JOHN ON of Washington. Let me explain the property Mr. MADDEN. What is more nalural in the world than that situation: The property is a trust left by the grandfather in when people get into trouble they come back home to get the an American bank for this woman. That property is now in the sympathy to which they are entitled. hands 6f the Alien Property Custodian. Mr. BEE. They come back to their mother country. Mr. RAKER. Well- Mr. 1\fADDEN. The gentleman from California now baving .Mr. JOHN ON of Washington. And the Alien Property Cus­ given expression to his views, I hope that he will not object. todian does not wish to hold it, and, of course, can not dispose Mr. BEE. Will the gentleman yield? of it either now or in the future. . Mr. RAKER. I will. 1\!r. RAKER. That is none of his business. It is his duty Mr. BEE. Is this lady now in this country? as a sworn officer to hold it, and he must comply with the law. Mr. RAKER. She is; she came here last October, 1919, for Mr. JOHNSON of Washington. Oh, the United States Gov­ the purpose of commencing divorce proceedings. -ernment does not want to take the interest on this woman's Mr. BEE. She is back in the United States now? trust from her, and it can not take the principal. 1\fr. RAKER. She is. Mr. 1\IADDE.N. What this \voman wants is to get the prop­ Mr. BEE. . Does not the gentleman from California think, erty that was willed to her in trust by her grandfather, which under the circumstances, that if she made a mistake she ought property is now held by the Alien Property Custodian. to be given a chance to spend the last days of her life in her Mr. JOHNSON of Washington. And it will still be a trust home country among her home people? The failure of this bill fund, no matter what we do. might prevent it, whereas otherwise she will have a chance in Mr. MADDEN. It will still be a trust fund, but she can not her declining days, among her own people in her o\rn country. get it unless she gets her citizenship restored. Mr. RAKER. I want to say to the gentleman from Texas Mr. V.AILE. It is property which the Alien Property Cus­ that there are two propositions involved. The record is here, todian earnestly desires to return to her. Since the gentleman and I am not speaking of my own knowledge, but am speaking from California has referred to this as wholly a property propo­ by the card and by the record. Her counsel found that he could sition, let me can his attention to the fact that the Alien not get· a divorce rapidly enough and thought that the peace Property Custodian stated before the committee: treaty would not be adopted immediately and therefore the cus­ The injustice of this case is absolutely abhorrent to me. todian would withhold her property. Another question is there The gentleman. from California [Mr. RA.KER] put this ques­ is a remnant of property in Germany, and if she got a divorce tion to him; she might lose control of that. Therefore she comes to this You desire her unconditional readmission to the United States, to great, big-hearted Senate and to these good-natured Members assume the character and privileges of 11 United States citizen for of Congress and says, " I was once an American citizen; now the purpose of prim!lrily obtaining property? , do this ; it does not make any difference to you ; restore me to To which Mr. Garvan replied: American citizenship and I will still remain the wife of Baron I do not like the word "primarily," because I can not search the Alten; I will still be the wife of a German subject and have an heart of the woman. From the testimony I would say that her first desire was to feel her elf an American citizen-from the violence of opportunity to go back to Germany and recapture the remaining her patriotism abroad during the war. property in Germany." At a time when patriotism abroad during the war meant Mr. MADDEN. The gentleman would not object 'to her tak­ something our representative in Berne said: ing any property in Germany as an American citizen? This case is fresh in my mind, because it is about the only case I Mr. RAKER. No. know of where n.n American who remained in Austria or Germany Mr. MADDEN. We ought to give her every opportunity in apparently acted like a good American. our power to go back and take all of her property and at the Mr. GARD. Will the gentleman yield for a question? same time let her enjoy her love for America. Mr. "VAILE. Yes. Mr. RAKER. Let me make one more statement and then it Mr. GARD. Are both of the daughters of this woman mar­ is up to the House. I want to eliminate the question of prop­ ried to German officers? erty, the question of marriage, the question of the separation Mr. VAILE. They are married to Germans b.nd reside in from the daughters, the separation from her husband. Does Germany. this House believe that we ought to adopt such legislation as Mr. JOHNSON of Washington. They ha'e grown up, have will set a precedent that when any wife at any tirrie in any left their mother, th~y hav~ gone their own way, and in accord­ ease from Germany, Austria, or France gets into trouble with ance with the biblical injunction, they cleave to their husbands. her husband we will immediately pass a special act giving her Mr. VAILE. The gentleman from California suggests that again the citizenship? as soon as we had war the grandmother left Germany and he Mr. MANN of Illinois. Will the gentleman yield for a .also called attention to the fact that she had been separated question? from her daughters since 1912-:five years before. Mr. RAKER. Yes. Mr. MADDEN. She began divorce proceedings three years Mr. MANN of Illinois. Did not the committee two years ago before the war. She could not get service on her husband in report a bill permitting an American woman to retain her the divorce proceedings, because he was a reserve officer in the American citizenship if she married a foreigner? German Army. Mr. RAKER. No. .... Mr. RAKER. The record, page 31, shows that she did ·get Mr. 1\fANN of illinois. I think we did. service. I want the House to understand this, it does not make Mr. RAKER. There has been a bill introduced in the House any difference to me. The only fundamental question is not changing the law, and the committee voted it down, leaving the the property involved, not that she is an elderly lady, not that law as it is, that if an American citizen marries an alien she she married and went to Germany-- becomes an alien. Mr. VAILE. Nof that she is an American. Mr. M.ANN of Illinois. Now it is different. I helped to dis­ Mr. RAKER. She became a German subject under her own , pose of it in that time, but I have· revised my views, and in view voluntary act. of the fact .American women are soon to be voting I have not Mr. VAILE. Thirty-six years ago when she was ·only 18 the slightest doubt that Congress will soon give the right to a years old. -woman who marries a foreign man as it gives an American Mr. RAKER. She has been in the United States since that man who marries a foreign woman. time. The very moment that a question of property is in­ :Mr. RAKER. To make the matter clear, I remember the volved these people come back and appeal to the United States gentleman's position six years ago in reference to a bill intro­ .either through the divorce court or, if they can not get the di­ duced by my colleague, I think, from California [Mr. Kent], vorce court to act rapidly enough in the United States, then they which went to the Committee on Foreign Affairs, and the bill appeal to Congress, because of the reason of the fact that their came here and I objected to it and finally the session adjourned father was a general or their moth€r was a woman of standing without action. That was the situation. 40 or 50 years ago. Mr. Jtf.Al\TN of Illinois. I fought it on the floor and killed it Mr. :MADDEN. Her father was a citizen of the.United Stares. here. 1\Ir. RAKER. That does not give her any right to come here· Mr. :MADDEN. Gentlemen, remember the old story of the 99 and obtain a special act of Congress in the way of a divorce from who were safe within the fold and the other who was astray her husband in order to obtain property, The only question is and was brought back. · this: Is the great Congress of the United States to assume tl}e The SPEAKER. Is there objection? attitude of dealing with personal property, when a person has 1\Ir. "BLANTON. Reserving the right to object, I desire to ask deliberately of their own free will married an alien and become the distinguished gentleman from Illinois whether, after we an alien, traveled over the whole world, cared little for her receive this prodigal daughter back into the fold and place her native country, but when she finds she is in trouble comes buck in a position where she can secure her good American money and asks a special act of Congress to give her reiief. · that the Government has kept out of Germany, will that prodigal

• 1920. CONGRESSIONAL RECORD-HOUSE. 5109 - -- - daughter remain here and spend the rest of that Americau The joint resolution was ordere.d to be read a third time, was money in America or go back to Germany and spend it there? . read the third time. Mr. MADDEN. I think the experience of the last 36 years The SPEAKER. The question is on the passage of the joint bas been sufficient to justify us in thinking that she will stay resolution. · here, in the hopes of living in comfort. The question was taken, and the joint resolution was passed. Mr. BLANTON. In view of the fact she is a grandmother I On motion of Mr. VAILE, a motion to reconsider the vote by shall not object, but if she were one of these high society foreign­ which the joint resolution was passed was laid on the table. husband-seeking 24-year-old widows I would object [Laughter.] FIRST NATIONAL BANK OF SHARON, PA. The SPEAKER. Is there objection? [After a pause.] The The next business in order on the Private Calendar was the Chair hears none, and the Clerk will report the joint resolution. bill (H. R. 10598) to provide for the payment to the First Na· The Clerk read as follows: tional Bank of Sharon, Pa., for certificate of indebtedness to Whereas Augusta Louise de Haven-Alten, daughter of the late Capt. Jo­ the United States No. 3240, for $10,000, which has been lost. seph Edwin de Haven, of the United States Navy, a native-born citizen The Clerk read the title of the bill. of the United States and a resident of the State of lllinois1 married in 1886 Eberhard Alten, an alien of German birth and parenrage i and The SPEAKER. Is there objection to the present considera­ Whereas the said Augusta Louise de Haven-Alten left Germany m 1911 tion of this bill? and has not since returned, and in 1912 SU{'d her said husband for Mr. BL~'TON. Mr. Speaker, reserving the right to object, absolute divorce, which suit is still pending in Germany, and has since 1911 lived ·apart from her said husband; and I would like to ask the gentleman whether this certificate of in· Whereas the said Augusta Louise de Haven-Alten has since returned to debtedness is past due? the United States and renewed her residence therein and petitioned l\1r. It It 1918. Congress to be readmitted to the status and privileges of a citizen of GLYNN. is past due. was due July, the United States, under and by virtue of the power and laws of the The SPEAKER. Is there objection? [After a pause.] The United States of America: Therefore be it . · Chair hears none. Resolved, etc., That Augusta Louise de Haven-Alten, daughter of 'l'he Clerk read as follows: Capt. Joseph Edwin de Haven, be, and she is hereby, on her own appli­ Be it enacted, etc., That the Secretary of the Treasury be, and be is cation, unconditionally readmitted to the character and privileges of a hereby, authorized to pay to the First National Bank of Sharon Pa. citizen of the United States. the amount of the indebtedness of the United States upon the certificate of indebtedD(;ss ~o. 3240, issued April 10, 1918, and July 9, 1918, for The committee amendment was read, as follows : $10,000, bearmg mterest at the rate of 4 per cent, which said certificate Strike out the preamble, and in llne 3, page 2, after the words " Haven­ bas been lost, and is believed to have fallen into the wastebasket in the Alten," strike out the words "daughter of Capt. · Joseph Edwin de ofi!ce of said ba~k and bad been destroyed by fire: Provided, That the l:laven" and insert "a native-born citizen of the United ~tates." ~a1d bank shall give a bond of indemnity to the Secretary of the Treasury Mr. GARD. Mr. Speaker, I move to strike out the last word m such form, term, surety, and amount as the said Secretary may require. for the purpose of asking a question. Under the bill as it now Also the following committee amendment was read: is written by the committee when the bill came from the Senate Strike out all after the enacting clause and insert in lieu thereof the following: it had a preamble which explained the marital state of Augwata "That the Secretary of the Treasury be, and be is hereby authorized Louise de Haven-Alten. Now, the committee has stricken out and directed to redeem certificate of indebtedness of the United States all of the preamble and the committee has stricken out in the of ~erica No. 3240, of th.e denomination of ~10,000, of the issue dated Apnl 10, 1918, and maturmg July 9, 1918, With interest from April 10 bill the fact that she is the daughter of Capt. Joseph Edwin de 1918, to July 9, 1918, in favor of the First National Bank Sharon Pa.' Haven. The bill now pro.vides: without presentation of said certificate, the certificate ot' indebtedness having been lost or destroyed: Prov-ided, That the said First National Tlrat Augusta Louise de Haven-Alten, a native-born citizen of tbe Bank of Sharon, Pa., shall first file in tbe Treasury Department of the United States, be, and she is hereby, on ber own application, uncondi­ United States a bond in tbe penal sum of double the amount of the tionally readmitted to the character and privileges o! a citizen of the principal and interest of said certificate of indebtedness of the United Unlted States. States of America in such form and with such sureties as may be ac­ Is it not necessary to have something in this bill showing why ceptable to the Secretary of the Treasury to indemnify and save harm­ less the United State.s from any loss on account of the lost or destroyed she was reinstated? certificate of indebtedness hereinbefore described." Mr. VAILE. It seemed to the committee that that suffi­ Mr. RUCKER. Mr. Speaker, I move to strike out the last ciently appeared by the fact that she did apply to be readmitted. word. I want to ask the gentleman a question. Was application Mr. GARD. No; it says that she is a native-born citizen of made to the Treasury to reimburse the bank? the United States in the following language: "That she is Mr. GLYNN. I understand it was. The gentleman from hereby, on her own application, unconditionally readmitted," Pennsylvania [hlr. HULINGS] can inform the gentleman as to which seemed to be entirely opposed to the declaration she was that. a native-born citizen. Why not insert in the bill some language Mr. HULINGS. I will say to the gentleman that application showing why she was reinstated to her citizenship? was made to the Secretary and search was instituted through­ Mr. VAILE. I will agree to such language. out all the banks of the country, so as to procure the evidence Mr. GARD. The gentleman knows the facts better than I do. that was sufficient for the Secretary of the Treasury. I suggest that because I think it is absolutely necessary, other­ Mr. RUCKER. You could not make such a proof of loss as wise we are conferring citizenship on a native-born citizen. was satisfactory to the Treasury Department? Mr. VAILE. I think the gentleman's point is well taken. Mr. HULINGS. It was not that. The Secretary of the Treas­ Mr. RAKER. It shows on the face of the bill that Augusta ury said that under the law now prescribed there was no war­ Louise de Haven was her name and that Alten was the name of rant for them to pay the loss, but after going through the' her German-born husband. whole thing the Secretary has recommended that the bill be Mr. VAILE. That is stricken out. passed. Mr. RAKER. No; in line 3, page 2, she is referred to as The SPEAKER pro tempore (Mr. CAMPBELL of Kansas). Augusta Louise de Haven-.A.lten. The question is on the committee amendment. Mr. VAILE. I am ready to propose a proper amendment. The amendment was agreed to. Mr. BRIGGS. Could not there be a recitation that she mar­ ,The SPEAKER pro tempore. The question is on the engross­ ried in 1886 an alien of German birth and parentage? ment and third reading of the bill. Mr. VAILE. I would propose the following amendment: The bill was ordered to be engrossed and read a third time. After the word " States," in line 5, insert the words " who lost The SPEAKER pro tempore. The question is on the passage her citizenship by marriage with an alien." of the bill. Mr. BEE. Forfeited. The question was taken, and the Speaker pro tempore :m­ Mr. VAILE. Who forfeited her citizenship by marriage with nounced that the ayes seemed to have it. an alien. Mr. BLANTON. Mr. Speaker, I ask for a division on the The SPE.AKER. The question is on agreeing to the commit- vote, just to check up. tee amendment on page 2. The House divided; and there were-ayes 44, noes 0. The question was taken, and the amendment was agreed to. On motion of Mr. GLYNN, a motion to reconsider the -vote Mr. VAILE. I now offer the following amendment. by which the bill was passed was laid on the table. The SPEAKER. The Clerk will report the amendment. The title was amended to read as follows: "A bill for the relief The Clerk read as follows : of the First National Bank of Sharon, Pa." Page 2, line 5, after the word 41 States," insert " who forfeited her citizenship by marriage with an alien." WILLIAM S. BRITTON. The question was taken, and the amendment was agreed to. The SPEAKER pro tempore. The Clerk will report the next The SPEAKER. The question is on striking out the pre- bill. amble. The next bill on the Private Calendar wns the bill (S. ~610) The question was taken, and the motion was agreed to. for the relief of William S. Britton, formerly second lieutenant The SPEAKER. The question is on the third reading_ of the of Infantry, who has been erroneously dropped from the rolls of joint resolution. the United States Army.

/

. CONGRESSIONAL RECORD-HOUSE. r APRIL 1· ' ·ll.. ' ~ The SPEAKER pro tempore. Is there objection to the pres· . Mr. BEE. The trouble is that the grandchildren.,.. of this man ent consideration of the bill? 50 years from now will be confronted with the charge of deser­ 1\Ir. MANN of Dlinois. I ask to have the bill reported. tion against him, and with no chance of its removal. The SPEAKER pro tempore. The Clerk will report th.e bill. Mr~ MILLER. The military .history of this case is in the The Clerk read as follows : War Department. Be it enacted, etc., Tbat the President be, and be is hereby, author­ Mr. LAYTON. In 50 years from now do you not think that ized to reinstate William S. Britton, formerly second lieutenant of Infantry, who has been erroneously dropped from the l'Olls of the Army, the bill itself will show it was an -error {Uld thaLhe was erron.e. and to restore him to his former position and rank in the service by ously dropped because of that error1 the issuance of a new commission to date from the 14th day of May, 1\fr. BEE. They would look at the bill-- 1919, and to continue during the pleasure of the President, not longer than to the date when be shall be released by military hospital authori­ lli. GARD. Tlley would look at the .recol'd and not at the ties ; and if such rclease shall have occurred prior to the passage of this bill. act to honorably discha.rge him from his commission as of the date of 1\fr. MILLER. I may .say that this is a tirne.honored way of such release. doing this in order to reach this class of cases, and the Secre­ SEc. 2. That said William S. Britton shall be entitled to receive the full pay an{} allowances of a second lieutenant of Infantry from the t:rry of War .has recommended it time he was dropped from the rolls of the Army until he shall be so The SPEAKER pro tempore. Is there objection? tAfter a discharged and that his status in, and relation to, the Army of the pause.] The Chair hears none. The question is on the third United States shall be in all respects the same as it would have been bad he not been dropped from the rolls of the Army. reading of the bill. The bill was Ql'dered to be read n third time was read the The SPEAKER pro tempore. Is there objection to the present third time, and passei:l. ' consideration ·Of the bill? On motion of 1\Ir. Mlr..LER, .a motion to Teconsider the vote by Mr. MANN of Illinois. Reserving the right to object, how which the bill was passed was laid on the table. does he claim he was erroneously dropped? 1\fr. MILLER. I will state to the gentleman from Illinois EDWARD SIGERFbOS. that Lieut. Britton was erroneously dropped from the rolls on The SPEAKER pro tempore. The Clerk will report the next May 14, 1919. He was at that time in a hospital. He had been bill. and wounded in action, gassed, and shell shocked, rendered The next business in order on tile Private Calendar was the unconscious, and remained in that condition for some length of bill (S. 2807) to correct the mili~y record of Edward Sigerfoos. time, during which time he was unable to give any account of The title of the bill was read. himself to where .he was, or anything about it, and he was as The SPEA.K:E..~ pro tempore. Is there objection? placed upon the records of the Army as a deserter and dropped Mr. WALSH. 1\fr. Speaker, I ask that the bill be reported. from the rolls .as such. The letter from the Secretary of War, The SPEAKER pro tempore. The Clerk will report the bill. which I nave in my hand, and a portion of which is appended to The Clerk ren.d as follows: the report, recommends that Lieut. Britton be restored to the e it enacted, etc., That Edward Sigerf<>os, deceased, who was .n Ar-my and suggests the form of a bill, which form has been fol· culonel in the United .States Army, and who was nominated by the lowed in the preparation of this bill. Pres.iden.t fo.r .appointment as brigadier general October 4. 1918, said Mr. MANN of illinois. The Secretary has suggested that we nonunation bemg confirmed by the Senate October 10, ~918, after the death of said Edward Sigerfoos, which occurred after his nomination, legislate that he was erroneously dropped? October 7, 1918, as the result of wounds received in line of duty, shall Mr. MILLER. Yes. The Secretary suggests that Lieut. Brit· hereafter be held and considered to have become a brigadier general of ton has been erroneously dropped and recommends that it be the United States Army in the service of the United States, and to have held that office until the date of his death; and the President is hereby cured by this legislation, as I understand it. authorized to issue a eommission as brigadier gen&al of the United :Mr. ~'N of Illinois. He recommended that we legislat~ that States Army in the name of Edward Sigerfoos, with rank to date from he had been erroneously drop~? October 4, 1918. Mr. MILLER. It might admit of that CQnstruction; yes. The SPEAKER pro tempore. Is there objection to the pres­ Mr. MANN of Illinois. That is what I wanted to know, ent -consideration of the bill? whether the Secretary recommended that. Mr. BEE. Reserving the right to <>bject, who is in .charge of Mr. MILLER. I may ren.d the phraseology of the Secretary, the bill? which says: Mr. WELTY. I 1lm in charge of it. On May 14, 1919 William S. Britton, eecond lieutenant of Infantry, Mr. BEE. I want to ask the gentleman fl·om Ohio a question. was erroneously dropped from the rolls of the Army for {}esertion. This does not affect any pensionable status with regard to any Mr. MANN of Dlinois. I have no objection. of this man's family? The SPEAKER pro tempore. Is there objection to the con- Mr. WELTY. I think not. sideration of the bill?. Mr. BEE. I do not object to the bill, but I do not thln.k it Mr. LAYTON. Will the gentleman yield for a question? would be proper to fix n pensionable status by reason of this Mr. MILLER. I yield to the gentleman from Delaware. correction. Mr. LAYTON. Is it not within the -power of the Secretary of Mr. WELTY. Mr. Sigerfoos was commi"'Sioned as nn officer War to correct the error? in the United States Army after th~ breaking out of the wat· Mr. MILLER. It is not, when a man is put on the rolls as a with Germany. He was nominated by the President to be a . deserter. It requires special legislation. brigadier general on October 4, 1918, and October 10 the nomi. The SPEAKER pro tempore. The Clerk will report the bill. nation was confirmed by the Senate. The bill was again read. On the evening of October 20 The Adjutant General receii'"ed n Mr. GARD. l\1r. Speaker, I move to strike out the last word. -cablegram from France stating that Gen. Sigerfoos had been I am very sympathetic with the bill and think it should be wounded and died of said wounds received October 7, and that pas ed. What I want to ask is whether or not the bill is suffi­ on the next day, October 21. ldrs. Sigerfoos received the com­ ciently safeguarded to give expression to what it undoubtedly mission, and which commission was returned at the request of intends to do-to remove the charge of desertion? Lieut. Brit­ The Adjutant General, beeause Gen. Sig€rfoos died hefore tbc ton is now carried on the rolls as a deserter. Of course, he was Senate confirmed his .appointment. Gen. Sigerfoos received the not a deserter except in the merest technical sense. He was distinguished service medal and died on the field of battle, and not a voluntary deserter, because he was not competent men­ I hope that there will be no objection to the consid€ratjon of tally. Now that his competency is restored does the gentle. this bill at this time. It simply authorizes the President to man think the bill is sufficient to correct the military record again deliver this commission to the widow. which now carries him as a deserter? Mr. BEE. I have no objection. l\1r. 1\fiLLER. I roll say to the gentleman from Ohio that The SPEAKER pro tempore. Is there objection? it is in the customary and usual form. There was no objection. Mr. BEE. To remove the charge of desertion it occurs to me The SPEAKER pro tempore. The Clerk will report the bilL in line with the suggestion of the gentleman from Ohio, you The bill was again read. ought to remove the charge of desertion against this man and 1\Ir. WALSH. .Mr. Speaker, I move to strike out the last then restore him. In other words, the charge of desertion word for the purpose of getting some information and maybe heretofore pending against him should be " hereby removed," offering an amendment. In line 10 this language is us ed : and then he should be " hereby restored " as an officer of the Shall hereafter be held and considered to have become a bl'igadier United States Army. general, United States Army, in the service of the United States, and Mr. GARD. I think that is the better form. to have held that office until the date of his death. Mr. 1\fiLLER. It is an excellent form, and is the· one the I would like to ask the gentleman in charge of the bill if that deparbnent doubtless should follow, but they followed the pther language should not be changed so as to read and better express form. · the purpose of the bill: " Shall hereafter be held and considered 1920. CONGRESSIONAL RECORD-HOUSE. 5111 to hn'"'e been a brigadier general in the United States Army: in the The SPEAKER pro tempore. The objection is withdl'a service of the United States at the time of his death"? Mr. FULLER of Illinois. I a k unanimous consent, lli. Mr. WELTY. Well, I will say to the gentleman from Massa­ Speaker, to dispense with the first ~eading of the bill. chusetts that this bill was passed in this language by the Senate, Mr. 1\IANN of_Illinois. That is not necessary. and approved by the Committee on Military Affairs, and I would Mr. FULLER of Illinois. There are a nwnber of fonnal not like to have it go back to the Senate. co1.Illliittee amendments, and I ask that I may be permitted to Mr. WALSH. Well, that argument is not at all persuasive, present them en bloe after the reading of the bill. merely because the language is in a bill that is sent over here The SPEAKER pro tempore. The gentlem n from Illinois from the other branch. Wllen did he become a brigadier general asks unanimous consent to present a number of committee under this law? amendments en bloc. Is there objecti~n ~ Mr. WELTY. He was dead at the time the Senate confirmed There was no objection. him. The Senate confirmed him on the lOth of October, and The SPEAKER pro tempore. The Clerk will read the bill. he wa.s killed in action on the 7th of October. Under the ruling The Clerk read as follows: of the War Department no commission can be issued· to a person Be it enacted, etc., Tha:t the Secretary of the Interior be, and he is unless he is living at the time the Senate confirms him. hereby, authorized and directed to place on the pension roll, su:bj"ect to the provisions and limitations of the pension laws-- Mr. W.ALSH. Does the gentleman think he would have be­ The name of John J. Kraft, late of Company A, Fifti~th Regiment come a brigadier general-- Wisconsin Volunteer Infantry, and pay him a pension at the rate of lli. WELTY. If he had lived three days longer he would $30 per month in lieu of that he is now receiving. The name of Patrick Collins, late of Company A, Fifty-ninth Regi­ have been a brigadier general The commission was issued by ment New York Volunteer Infantry, and pay him a pension at the rate The Adjutant General and bY him sent to l\Irs. Sigerfoos. of $40 per month in lieu of that he is now recei-ving. l\Ir. 1\.IANN of Illinois. The commission would have issued The name of Robert Sutor, late of Company I, Fkst Regiment VIr­ ginia Volunteer Infantry, and pay him a pension at the rate of $40 as of the date of the appointment and not of confirmation. per month i:n lieu of that he is now receiving. Mr. \VELTY. Yes; but under the ruling of the War Depart­ The name of Muy J. Van Denbergh, widow of Jacob Van Denbergh, ment unless a person is living at the time the Senate confirms late of Company D, One Jmndred and twentieth Regiment New York Volunteer Infantry, and pay her a pension at the rate of $25 per month. the appointment the commission must be withdrawn, and The The name of William A. Wilson, late of Company F, One hundred Adjutant General wrote to Mrs. Sigerfoos and asked her to and forty-eighth Regiment New York Volunteer Infantry, and pay him return that commission under that ruling. This bill is Simi>lY a pension at the rate of $50 per month in lieu of that he is now re- ceiving. . to grant authority to the President to send that commission to The name 01' Nancy J. Clark. widow of Thomas J.. Clark, late of Com­ Mrs. Sigerfoos for her to preserve. pany K, One hundred and eighth Regiment Ohio Volunteer Infantry, l\Ir. WALSH. 1\Ir. Spea1.~·, I withdraw the pro forma amend­ and pay her a pen ion at th~ rate of $2.5 per month. The name of Jane McMahon, widow of Matthew McMahon, late of ment. Company D, Second Regiment New York Volunteer Infantry. and pay The SPEAKER pro tempore. The gentleman from Massa­ . her a pension at the rate of $25 per .month. • The name of Zora Hockman, helpless and dependent danghter of chusetts withdraws the pro forma amendment. Aaron Hockman, late of Company F, Eighty-first Regiment Indiana Mr. BLANTON. Mr. Speaker, I move to strike out the last Volunteer Infantry, and pay her a pensron

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5112 CONGRESSIONAL RECDRD-HOUSE.

The name of John Wilson, 1-;te of Company D, Third Regim('nt Ken­ Mawhiney, the additional pension herein granted shall cease and de­ tucky Volunteer In1antry, and pay him a pension at the rate of $72 termine: Provided f'ut·tller, That in the event of the death of Louisa per mo·nth in lieu of that he is now receiving. Ma~hiney, the name of said John H. Mawhiney shall be placed on the The name of Rebecca Horine, widow of George M. Horine, late of p{'nsion roll, subject to the provisions and limitations of the pension Company I One hundred and thirty-fifth Regiment Indiana Velunteer laws, at the rate of $20 per month from and after the date of death Infantry, a.hd pay her a pension at the rate of $25 per month. of Louisa Mawhiney. The name of Bertha Blanch Weimer, helpless and dependent (laughter The name of Emma L. Lindsay, widow of David A. Lindsay, alias of John S. Weimer, late of Company F, Ninety-ninth Regiment Pennsyl­ James D. Hamel, late of Company M, Tenth Regiment Tennessee Vol­ vania Voluntee.r Infantry, and pay her a pension at the rate of $20 unteer Cavalry, and pay her a pension at the rate of $25 per month. per month. • . The name of Zachariah Allbaugh, late of Company C Seventy-sixth The narue of James Robison, late of Company B, Ninety-fourth Regi­ Regiment Ohio Volunteer Infantry, and pay him a pensiOn1 at the rate ment Illinois Volunteer Infantry, and pay him a pension at the rate of of ~50 per month in lieu of that be is now receiving. $50 per month in lieu of that he is now receiving. 'Ihe name of Harriett Jordan. widow of Lindsey Jordan, late of Com­ ~e name of Ezra Shanks, late of Company C, Fifty-fi.rst Regi~ent pany D, Fortieth Regiment Kentucky Volunteer Infantry, and pay her Ohto Volunteer Infantry, and Company F, Seventh Regiment Umted a pension at the rate of $25 per month. States Volunteer Infantry, and pay him a pension at the rate of $30 The name of Cora B. 'Kelley, widow of James Kelley, late of Com­ per month. pany C, Tenth Regiment United States Volunteer Infantry, and pay The name of Sibria Armstrong, former widow of James M. Lawrence, her a pension at the rate of $25 per month. late of Company I, Fourth Regiment Tennessee Volunteer Mounted In­ The name of Julia A. Marugg, widow of. Simon Marugg, late of Com. fantry, and pay her a pension at the rate of $25 per month. pany B, Sixth Regiment Wisconsin Volunteer Infantry, and pay her a. The name of David Hahn, late of Company D, One hundred and pension at the rate of $35 per month in lieu of that she is now receiv­ twenty-second Regiment Ohio Volunteer Infantry, and pay him a pen­ mg. sion at the rate of $40 per month in lieu of that he is now receiving. The name of Adelia Mae Lee, widow of James E. Lee, late of Com­ The name of Alice West, helpless and dependent daughter of Sylvester pany D, First Regiment ~'ennessee Volunteer ~valry, and pay her a D. West, late of Company K, One hundred sixty-fourth Regiment Ohio pension at the rate of $25 per month. Volunteer Infantry, and pay her a pension at the rate of $20 per The name of Maggie Dona Lloyd, helpless and dependent daughter of month. Joseph Lloyd, late of Company C, First Regiment Tennessee Volunteer The name of Stephen H. Leonard, late of Company A, First Regiment Light Artillery, and pay bet· a pension at the rate of $20 per month. Pennsylvania Volunteer Light Artillery, and pay him a pension at the The name of Israel Boyer, alias Geor·ge Johnson, late of Company C, rate of $50 per month in lieu of that he is now receiving. Eighth Regiment lllichigan Volunteer Infantry, and pay him a pension The name of Max J. Alwens, late of Company E, One hundred and at the rate of $50 per month. sixteenth Regiment New York Volunteer Infantry, and pay him a pen­ The name of Oscar W. Miller, helpless and dependent son of Abraham sion at the rate of $50 per month in lieu of that he is now receiving. Miller·, late of Company :A, One hundred and sixteenth Regiment In­ The name of Colbert Ratliff, late of Company D, Thirty-ninth Regi­ diana Volunteer Infantry, and pay him a pension at the rate of $20 ment Kentucky Volunteer Infantry, and pay him a pension at the rate per month. of $50 per month in lieu of that he is now receiving. ,... The name of Frank Haight, helpless and dependent son of Frederick The name of Edmond Harvey, late of Company A, Ninety-seventh G. Haight, late of Company B, twenty-fifth Regiment Michigan Volun­ Regiment United States Colored Volunteer Infantry, and pay him a teet· Infantry, and Company K, Vet£>ran Reserve Corps, and pay him a pension at the rate of $30 per month. pension at the rate of $20 per month jn lieu of that he is now receiv­ The name of Sarah J. Bates, widow of George Bates, late of Company ing. H Forty-eighth Regiment Missouri Volunteer Infantry, and pay her a 'pension at the rate of $25 per month. The name of James B. Smith, late of Company H, Forty-second Regi­ -The name of Joseph R. Lawson, late of Company J, First Regiment ment Ohio Volunteer Infantry, and pay him a pension at the rate of $GO Kentucky Volunteer Cavalry, and pay him a pension at the rate of $30 per month in lieu of that be is now receiving. per month. • The name of George H. Bowman, helpless and dependent son of Abra­ The name of Mary F. Lake, former widow of Joshua W. Lake, late of ham Bowman. late of Company C, One hundred and ninety-second Regi­ Company C One hundred and twenty-third Regiment Indiana Volunteer ment Pennsylvania Volunteer Infantry, and pay him a pension at the Infantry ab.d par. her apension at the rate of $30.per month. rate of $20 per month in lieu of that he is now receiving. The mi.me of George W. W!llard, late of Company A, Tenth Regiment 'l'he name of Jessie G. Gilman, helpless and dependent daughter of Ohio Volunteer Cavalry, and pay him a pension at the rate of $50 per Elbridge P. Gilman, late of Troop U, Fifth Regiment United States month in lieu of that be is now receiving. Volunteer Cavalry, and pay her a pension at the rate of $20 per month. The name of Johanna Dowling, former widow of Owen Garvey, late The name of William H. Sumption, late of Company IiJ, Eleventh of Company · D Seventy-fourth Regiment Indiana Volunteer Infantry, Regiment Indiana Volunteer Cavalry, and pay him a pension at the rate and pay her a pension at the rate of $45 per month in lieu of that she is of ~50 per month in lieu of that he is now receiving. now r eceiving: Provided, That in the event of the death o~ John Garvey, The name of Virginia Zachary, widow of John Zachary, late of Com­ helpless and dependent son of said Owen Garvey, the additional pension pany C, First Regiment Tennessee Volunteer Mounted Infantry, and herein !!ranted shall cease and determine: Provided ft,rthfn', That in the pay her a pension at the rate of $25 per month. event tr the death of Johanna Dowling, the name of said John Garvey The name of Samuel Pryor, late of Company E, Thirteenth Regiment shall be placed on the pension roll, subject to the provisions and limita­ Maryland Volunteer Infantry, and pay him a pension at the Pate of tions of the pension laws, at the rate of $20 per month from and after ~30 per month. thP. date of death of said Johanna Dowling. The name of Jane M. Henderson, widow of Henry W. Henderson latA The name of Emma Park, helpless and dependent daughter of James A. of Company I, Seventieth Regiment Indiana Volunteer Infantry,' nnu Park late of Company D, Twenty-sixth Regiment Kentucky Volunteer pay her n pension at the rate of $25 per month. Infantry, and pay her a pension at the rate of $20 per month. . The name of Joseph Buckle, late of Company E, Secono Hegiment New Th name of George Milton Frye, late of Company E, Second Regi­ York Volunteer Heavy Artillery, and pay him a pension at the rate of ment l\Ia sachusetts Volunteer Heavy Artillery, and pay him a pension $50 per mont4 in lieu of that he is now receiving. The name of Adolphus Sterling, late of Company D. Twentieth Regi­ at the rate of $40 per month in lieu of that he is now receiving. ment New York Volunteer CaYalry, and Company A, Ninety-fourth R£>gi· The name of Isabella Gruver, widow of John A. Gruver, late of Com­ ment New York Volunteer Infantry, and pay him a pen ion at the rate ot pany C, Tenth Regiment Illinois Volunteer Cavalry, and pay her a pen­ $50 per month in lieu of that be is now receiving. sion at the rate of $25 per month. The name of Peter Boyd, late of Company F, Twelfth Regiment Gnited The name of Elizabeth I. E. Duffield, helpless and dependent daughter States Colored Volunteer Infantry, and pay him a pension at the rate of of Thomas A Duffield, late of Company B, Second Regim£>nt Cali!ornia $30 per month. Volunteer Cavalry, and pay her a pension at the rate of $20 per month The name of Felix R. Robertson, late of Company E, One hundred and in lieu of that she is now receiving. eighty-fifth Regiment Ohio Volunteer I•ntry, and pay him a pension at The name of Ellen Bridge, former widow of Franklin Hart, Ia te of the rate of $40 per month in lieu of that be is now receiving. Company H, Fifth Regiment New York Volunteer Cavalry, and pay her The name of Eugene Cunningham, helpless and dependent son of a pension at the rate of $30 per month. Moses S. Cunningham, late of Company F, Forty-third Hegiment Indiana The name of Mary L. fuake, former widow of John Herrington, late Volunteer Infantry, and pay him a pension at the rate of $20 per of Company M, Ninth Regiment New Yorl' Volunteer Heavy Artillery, month. and pay her a pension at the rate of $30 per month. The name of Margaret A. Plank, widow of George W. Plank, la te of The name of Elizabeth S. Van Pelt, former widow of Gaines Brock, Company C, Webster County, Mi souri Ilome Guards, ano pay her a late of Company G, Fifty-fifth Regim~nt Indiana Volunteer Infantry, pension at the rate of $35 per month. an1l pay her a pension at the rate of $2<> per month. The name of Ernaline C. 'Lindner, helpless and dependent daughter of The name of Lillian S. Dodds, widow of James Dodds, late second Samuel Lindner, late of Company D, Fifty-first Regiment Pennsylvnni:\. lieutenant of Company G, Fourteenth Regiment Rhod~ Island Color~d Volunteer Infantry, and pay bet· a pension at the rate of $20 per month Volunteer Heavy AI·tlllery, and pay her a pension at the rate ot ~25 in lieu of that she is now receiving. per month. The name of J son Johnson, late of Company B, Fourth Regiment, and The name of Harriet E. llitter1 widow ol.Austin Ritter, late of Com­ Company D, Fir ·t Regiment, Vermont Volunteer Infantry, and pay him pany G, Sixteenth Regiment Wtsconsin Volunteer Infantry, and pay a pension at the rate of $GO per month in lie-u of that he i now receiving. her a pension at the rate of $30 per month. The name of James D. Ash, late of Company A, Third Regiment Penn­ The name of Levi Welch, late of Company G, One hundred. and sylvania Reserve Volunteer Infantry, and pay him a pension at the twenty-fourth Regiment Indiana Volunteer Infantry, a:nd pay h1m a rate of $50 per month in lieu of that he is now receiving. pension at the rate of $40 per month in lieu of that he is now receiving. The name of Frances E. Parmater, former widow of John J . Parmater, The name of Lazarus W. Johnson, late of Company K, Second Regi­ late of Company A, Forty-eighth Regiment Indiana Yolunteer Infantry, ment Tennessee Volunteer Infantry, and pay him a pension at the rate and pay her a pension at the rate Qf $30 per month. of 1)0 per month in lieu of that he is now receiving. The name of Lillian Brown, helple and dependent daughter of Francis The name of E1izabeth A. Tuttle, widow of Henry G. Tuttle, late of A. Brown, late of Company B, Sixteenth Regiment Connecticut Volun­ Company E, Forty-first Regiment Missouri Volunteer Infantry, and pay teer Infantry, and pay her a pension at the rate of $20 per month in her a pension at the rate of $25 per month. lieu of that she is now receiving. . The name of Elizabeth A. Pease, widow of. Dallas M. Pease, late of The name of George Wilson, late of Company II, Twenty-fir t Regi· Company A, Second Regiment Massachusetts Volunteer Heavy Artillery, ment Missouri Volunteer Infantry, and pay him a pension at the rate anrt pay h£>r a pension at the rate of $25 per month. of $:50 per month in lieu of that he is now reC('iving-. The name of Emily N. Wellman, widow of Norman Wellman, late of The name of James F. Smith, late of Company G, Thirteenth Regiment Company A, Ninth Regiment Vermont Volunteer Infantry, and pay Tennessee Volunteer Cavalry, and pay him a pension at the rate of $40 her u pension at the rate of $30 per month. per month in lieu of that be is now receiving. The name of Benjamin Jackson, late of Company B, First Regiment The name of Benjamin F. Ford, late of Company G, Seventeenth Regi­ Tenne. -ee Volunteer Cavalry, and pay him a pension at the rate of lj\50 m£>nt West Virginia Volunteer Infantry, and pay him a pension tl.t the per month in lieu of that he is now receiving. rate of $40 per month in lieu of that be is now rflceiving. The name of Louisa Mawhiney, widow of William I. l\Iawhiney, late The name of David E. 1\fosbolder, late of Company A. Seventy-sLxtb of Company B, Eighth Regiment Missouri Volunteer State M~li~ Cav­ Regiment Ohio Volunteer Infantry, and pay him a pension at the rate alr ·, and pay her a pension at the rate of $45 per month m lieu of of 50 per month in lieu of that be is now rec£>iving. that •b p is now receiving: Provided, That in the event of the death of The name of John E. Rroyles, helple s and uependent son of Henry John H. l\Iaw!Rney, helpless and dependent son of said William I. Broyles, late ot Company L, Seventh Regiment Ohio Volunteer Cavalry, - '

1920. CONGRESSIONA-L RECORD-HOUSE. 5113 and Company E, Sixth Regiment Veteran Reserve C<1t'ps, ana pay him a Indiana Volunteer Infantry, and pay her a pen:siorr at the rate- of $2.0 p nsion at the rate of $20 per month. ·per month in lieu of that she is now receiving . 'l'he name of Sarah E. Maurer, former widow of I~ainh Miller, late of The name of Jasper Stoops, late of Company H', Fifty-fifth Regiment Company G, eventy-second Regiment Pennsylvania Volunteer Infantry, Indiana . Volunteer Infantry, and pay him a pension at- the rate of $30 and pay her a pension at the rate of $2.5 per month. per month in lieu of that he is now receiving. The name of Catherine Weber, former widow of Robert R. llartin, The name of Sarah J. Parks, widow of Jasper N. Parks, late of late of Company L, Fifth Regiment Pennsylvania Volunteer Cavalry, Company B, Thirty-first Regiment Illinois Volunteer Infantry, and und pay her a pension at the rate of $25 pet" month. pay her a pension at the rate of $25 per month. The name of Diana Lucas, former widow of Nathan· Lucas, late of ·Th:e name of Mary Havemaker; wid-ow of Peter Havemake:-, late of C01;npany E, Fir t Regiment Michigan Volunteer Light Artillery, and Company A, Fifty-fifth Regiment New York Volunteer Infantry, and pay her a pension at the rate of 25 per month. pay her :1- pension at the rate of $.2~ per month. The name of Solomon J. Grin~. late of Company C, Fifty-fourth Regi­ The name of Nelson Behymer, late of Company I, Thirteenth Regi­ ment Pennsylvania Volunteer Infantry, and pay him a pension at the ment Ohlo Volunteer •Cavalry, and pay him a pension a:t the rate of $40 rate or· $50 per month in lieu of that he is now receiving~ pet: month in lieu of that he is now receiving. ) The name of John R. Garetang, late of Company D, Fremont Body The name of Lemuel C. Nicooson, late of Company D, One hundred Guard, .Missouri Yolunteer Mounted Cavalry, and pay him a pension at and fifteenth Regiment Indiana Volunteer Infantry, and pay him a pen­ the rate of 40 per month. sion at the rate of $40 per montll in lieu of that he is now receiving. The name of 'Charles S. Humphrey, l:rte of Company F, Ninety-fourth The name of Burton. Walters, helpless and dependent son of Borda Regiment Ne\V York Volunteer Infantry, and pay him a· pension at the Walters, late of Company K, One hundred and thirty-sixth Regiment rate of $50 per month in lieu of that he is now receiving. Illinois Volunteer Infantry, and pay him a pension at the rate of $20 The name of Nancy F. Taylor, widow of Thomas G. Taylor, late of per month in lieu of tha.t" he is now receiving. Company I, One hundred' and fifty-sixth Regiment illinois Volunteer The name of Fannie F1 Porter, widow of Daniel P. Porter, late of Infantry, and pay her a pension at the rate of 35 per month in lieu of Company D, Third Battalion Rifles, Mas achusetts Volunteer Militia that she is now reeeiving. Infantry, and pay her a pension at the· rate of $45 per month in lieu o.f The name of Murray V. Livingstone, late of Company D, First Regi­ that she is now receiving: Provided,., That in the eTent of the death of ment Massachusetts Volunteer Cavalry, aml pay him a pension at the Charles S. Porter, helpless and dependent son of said Daniel P. Porter, rate of 50 per month in lieu of that he is now recei'ving. the additional pension herein granted shall cease and determine: Pro­ The name of Elizabeth Beach, helpless and dependent daughter of vided further, That in the event oL the death: of Fannie liJ. Porter, the Williard 0. Beach, late of Com9any I, One hundred and thirty-fourth name of said Charles S. Porter shall be. placed on th~ pension rol1, sub­ Regiment NE:w York Volunteer Infantry, a.!ld pay her a pension at the ject to the provisions and limitations of the pension l!uvs, at the rate o! rate of "'20 per month in lieu of that she is now receiving. $20 per month from and a~r the date of death. of said Fannie E. The name of 1\L'l.ry Philips, former wife of Orren W. Stanford, late of Company A, Ninety-eighth Regiment Illinois Volunteer Infantry, and Porter. pay her a pension at the rate of 25 per month. The name of Jane Burton, former widow of Maurice B~ton, late o! Tl~ name of Callie Oberer, widow of John Oberer; late of Compru1y Company D, One hundred and forty-fifth Regiment Indiana Vofunteer C, Fifteenth Re!timent Missouri Volunteer Infantry, and pay her· a pen­ Infantry, and pay her. a; pension at· the rate of' $25 per month. . ion at the rate of $25 per month: The name of Mary .A:. McGill, helpless and devendent daughter o! 'rhe name of Sarah Cain, widow of James Ca:in, late of Company- B, James MeGill, late of Company B, Tenth Regiment Illinois- Volunteer Eleventh Regiment Jndiana Volunteer Infantry, and' pay her a peru:~ion Cavalry, and pay her a pen ion at the- rate of $20 per month. at the rate- of 45 per month in lieu of that she is now receiving: P-ro­ The name of Eben N. Higley-, lute a coal heaver, United States Navy, t;idea, That in the event of the death of James-Cain. helpless and depend­ and pay him a. pension at the rate of $50 per month in lieu of that he ent son of said J.ames Cain, the additional' pension herein gr:mted shall is now receivillg. cease and determine : Pr()'l;ided. fUrther, That in' the event ot the death The name of Martha ;r. James, widow ot Leander M. James late or of Sarah Cain, the 'name of said James• Cain shall be placed on th-e pen­ Company A, One hundred and thirty-ninth Regiment Indiana Volunteer sion roll, subject to the provisions and limitations of the {rellSion laws, Inl'antry, and pay her a .Pension at the rate of $45 per month in lieu at the rate of $20 per month from and after the date or death of said of that she is now receivrng.: P-romaed. Thai:' in the event of the death Sarah Cain. of Helen JAllles, helnless and dependent daughter of said Leander M. The· name of Helena Garges, helpless and dependent daughter of James, the additional pension herein granted shall cease and determine: Amandes Garges, late of Company A, Fifty-first Regiment Pennsylvania. Pro-vided further, That in the event of the death of Martha· J. James Volunteer Infantry, and pay her a pension at the rate of $20 per: month the murre of said Helen James shall be placed on the pension roll, sub­ in lieu of that she is now receiving. ject to the provisions and limibrtions· of the pension laws, at th-e rate Tbe name of John Horn, late of Company K. On-e lmn

CQNGRESSION AL RECORD- HOUSE. ArRIL 1·,

The name of Edwin E. Warren, helpless and dependent son of Edwin The name of Albert Shellhorn, late of Company E, Twenty-first Regi- A. Warren, late of Company U, Nineteenth Regiment, and .Company _K, ment Pennsylvania Volunteer Cavalry, and pay him a pension at the Seventeenth Regiment, Maine Volunteer Infantry, and pay h1m a pens10n rate of $50 per month in lieu of that he is now receiving. at the rate of $20 per mont11. The name of Elizabeth Bnrgess, widow of George T. Burgess, late of The name of Peter P. Faller, late of Company K, Forty-seventh Regi- Company G, Thirty-ninth Regiment Kentucky Volunteer Infantry, and ment Missouri Volunteer Infantry, and pay him a pension at the rate of pay her a pension at the rate of $25 per month, and it is ah;o directed $50 Pf'l' month in lieu of that he is now receiving. . that the widow be paid the soldier's accrued pension. . The name of Robison D. Maus, late of Company I, Tenth Regiment The name of Alexander Kimbrough, late of Company K. Fourth Rcgi- . Iowa Volunteer Infantry, and pay him a pension at the rate of $50 per ment Kentucky Volunteet· Infantry, and pay him a pen ion at the rate month in lieu of that he is now receiving. of $50 per month in lieu of that he is now receiving. The name of Jennie L. Lewis, widow of Joseph Lewis late of Com-· · Tlie name of Garret H. Fowler, late of Company K, Sixty-ninth pany G, One hundred and twenty-fifth Regiment United States Colored Regiment Ohio Volunteer Infantry, and pay him a pension at the rate Volunteer Infantry, and pay her a pension at the rate of $25 ,Per month. of $40 per month .in-lieu of that oo is now receiving. The name of Robert Niven, late of Companies M and H, E1ghth Regi- '!'he name of Frederick A. Ilart, late of Company D, Second Regiment ment Kew York Yoltmteer Cavalry, and pay him a pension at the rate of Vermont Yolunteer Infantry, and pay him a pension at the rate of $50 $60 per month in lieu of that he is now receiving, to include $10 per per month in lieu of that he is now receiving. ID€'1lth special pen ion under medal of honor roll. · The name of Jo eph E. Crow, late of Company I. One hundred and The name of Salathiel K. WisE', late of Company E, Fortieth Regi- seventy-fourth Regim~nt; Company H, Fourth Regiment; and Company ment Indiana Volunteer Infantry, and pay him a pension at the rate C, One hund~ed a.ud forty-fifth Regiment, Ohio Yolunteer Infantryt and of $50 per month in lieu of that he is now receiving. pay him a pension at the rate of $50 per mont h in lieu of that ne is The name of Mary E. Leroy, widow of Fred, alias Frederick, Leroy, now receiving. late of Company E, First Regiment United States Reserve Corps, Mis- 'l'he namP. of Cassie R. Hatch, belpll'ss and dependent daughter of souri Militia, and pay her a pension at the rate of $25 I>er month. Albion L. Hatch, late of Company F, Twenty-fourth Regiment Maine The name of Louisa Engelhardt, helpless and dependent daughter of Volunteer Veteran Infantry, a.nd pay her a pen ion at the rate of $20 Henry En.,.elhardt. late of Company A, One hundred and thirty-eighth per month in lieu of that she is now receiving. Regiment Ohio National Guard Volunteer Infantry, and pay her a pen- The name •of William A. Karnes, late of Company E, Garri on Guards, sion at the rate of $20 per month. and private, unassigned, Fifty-ninth Regiment Indiana Volunteer In- The name of Joseph S. Hall, late of Company B, Fifty-third Regiment fantry, and pay him a pension at the rate of $:10 per month in lieu of Pennsylvania Volunteer Infantry, and pay him a pension at the rate of that he is now receiving. $40 per month in lieu of that he 'is now receiving. The namE' of Sarah E. Frost, widow of Charles L. Frost, late of Com- The name- of John A. Keltner, late of Company D, Twenty-fourth Regi- pany F, Seventy-sixth Regiment Ohio Volunteer Infantry, and pay her ment l\lissouri Volunteer Infantry, and pay him a pension at the rate a pension at the rate of $35 per month in lieu of that she is now of $40 per month in lieu of that he is now receiving. . receiving. The name of Charles Asa Clark, late of Company I, Fourteenth Regi- The name of Nelson B. Hackett, late of Compa::~y C, Fourth Regiment ment Kansas .Volunteer Cavalry, and pay him a pension at the rate of Vermont Yolunteer Infantry, and pay him a pension at the 1·ate of $50 $40 per month in lieu of that be is now receiving. per month in lieu of that be is now receiving. The name of John J. Spencer, late of Company II, Forty-ninth Regi- The name of Henry H. Rowe, late of Company H, Ninety-fifth Regi- ment l\lissouri Volunteer l~tfantry, and pay him a pension at the rate ment Illinois Volunteer Infantry, and pay him a pension at the rate of of $50 per month in lieu of that he is now receiving. $50 per month in lieu of that he is now receiving. 'l'he name of Dora Myers, former widow of Charles Swordes, late of The name of Caroline Saint Denis, widow of Gideon Saint Denis, late Company A, Eighth Regiment Iowa Volunteer Infantry, and pay her a of Companies I and A, Ninety- econd Regiment, and Company G, Ninety­ pension at the rate of $25 per month. sixth Regiment, New York Volunteer Infantry, and pay her a pension The name of Samuel Sheline, late of Company G, First Regiment Ohio at the rate of $3;; per month in lieu of that she is now receiving. Volunteer Heavy Artillery, and pay him a pension at the rate of $50 The name of Josiah C. llancock, helpless and dependent son of Fran· per month in lieu of that he is now receiving. . cis M. llancock, late . of Company I, Twenty-ninth Regiment Indiana The name of Frank Libby, late of Company B, First Regiment New Volunteer Infantry, and pay him a pension at the rate of $20 per month Hampshire Volunteer L!ght Artillery, and pay _hi.m a pension at the rate in lieu of that he is now receiving. - of $u0 per month in lieu of that he 1s now receivmg. The name of John Wroton, late of Company D, Seventh Regiment The name of John N. Clark, late of Company D, Sixty-fifth Regiment Kansas Volunteer C.a>alry, and pay him a pension at the rate of $u0 Ohio Volunteer Infantry, and pay him a pension at the rate of $50 per month in lieu of that he is now receiving. per month in lieu of that he is now receiving. The name of Charles M. Taylor, late of Company F, Tbhty-fourtb The name of Robert Davis, late of Company C, Thirty-seventh Regi- Regiml'nt Illinois Volunteer Infantry, and pay him a pension at the ment Indiana Volunteer Infantry, and pay him a pension at the rate of rate of $40 per month in lieu of that he is now receiving. $30 per month in lieu of that he is now receiving. The name of Julia Ruth Bartlett, helpless and dependent daughter The name of Luther Bedel, late of Company G, Sixty- eventh R~gi- of Sylvanus Bartlett, late of Company H, Eighteenth Regiment Ohio ment, and Company G, Twenty-fourth Regiment, Indiana Vol~nte~r In- Volunteer Infantry, and pay her a pension at the rate of 20 per month fantry, a.nd prry him ~ pension at the rate of $50 per month m lieu of in lieu of that she is now receiving. _ that he is now receiVlng. The name of Jesse W. Rigby, late of Com_pany B, Twenty-fourth Regl- The name of Flavius J. Cole, late of Company B, One hundred and ment Iowa Volunteer Infantry, and pay hliD a pension at the rate of fortieth Regiment Indiana Volunteer Infantry, and pay him a pension $50 per month in lieu of that be is now receiving. at the rate of $40 per month in lieu of that he is now receiving. The name of Jerome B. Summers, late of Company D, Sixth Regiment The name of David 1\I. Haskell, late of Company A, Third Regiment Iowa Volunteer Infantry, a.nd pay him a pension at the rate of $50 per Indiana Volunteer Cavalry, ~nd pay hi~ .a pension at the rate of $50 month in lieu of that be is now receiving. per month in lieu of that he 1s now rece1vmg. ~The ,name of Mary Werner, .widow o~ Adam Werner, late of Capt. The name of Webster Cotton, late of Company E, Fiftieth Regiment Knapp s company, Seventh Indiana Leg~on, and pay her a pen ·ion at Indiana Volunteer Infantry, and pay hi!fi a pension at the rate of $50 the rate of $35 per month. per month in lieu of that he is now receiving. The name of Charles 1\f. Bingham, late of Companv c, Sixty-fifth The name of Flora Heath, helpless aJ?d dependent daughter of Samuel Regiment Ohio Volunteer Infantry. and Company l\1 Thirteenth n.e'"'i- A. Heath, late of Company C, Thll'd RegliDent Indiana yol~teer Cavalry, ment Indiana Volunteer Cavalry, and pay him a pension at the rate ~of and pay her a pension at the rate of $20 per month m lieu of that she 40 per month in lieu of that he is now receiving. is now receiving, The name of William T. Gibbs, late of Company D, One hundred and The name of Andrew Reiber, late of Company C, One hundred and fifty-second Regiment Illinois Volunteer Infantry and pay him a pen­ fifteenth Regiment IUinois Volunteer Infantry, and pay him a, pension sian at the rate of $40 per month in lieu of that he is now receivin"" at the rate of $50 per month in lieu of that he is now receiving. , The name of George W. Coble, late of Company K Eleventh Regi: The name of Sarah N. Bolinger, widow of Jacob N. Bolinger, late ment West Virginia Volunteer Infantry, and pay him a pension at watchman United States ram Fulton, Mississippi Marine Brigade, and the rate of $50 per month in lieu of that he is now receiving pay her a pension at the rate of $25 per month in lieu of that she is The name of ~liza C. Ludwig, widow of Frank Ludwie-·. late or now receiving. Company D, Thll'd Battalion New York Volunteer Artillery· Com- The name of Thompson S. Lozaw, helpless and dependent son of pany D, Second Regiment United States Cavalry; and Company I•' Samuel Lozaw, late of Company D, Fourth Independent Battery New Twelfth Regiment New York Volunteer Cavalry, and pay bet· a pen ion Jer·ey Volunteer L~ght Artillery, .and pay hi.r;n.a pension at the rate of at the rate of $25 per month. $20 per month in hen of that he lS now receiving. The name of Lafayette "Van Gundy, late of Company E, Fourteenth The name of Jo~eph J. J?albey, late of Company H, One hu~dred Regiment Iowa Volunteer Infantry, and pay him a pension at the rate and forty-fifth Reg1ment Illmois Vo~un~eer Infantry, .and pay ~ a of 72 per month in lieu of that he is now receiving. penRion at the rate o.f $50 per month In l.1eu of that.h~ lS now ~ece1vmg. The name of Francis M. Frazier, ]ate of ompany 11, Fifty-ninth Th name of Louise II. Thorn.ton, wtdow of W~ll1am H. Thornton, Regiment Ohio Volunteer Infantry, and pay him a pension at the rat late of Company B, Second Reg1ment Pennsylvarua Volunteer Heavy of $50 per month in lieu of that he is now receiving. Artillery, and Company q-, Twenty~ fourth Regiment Veteran Resene The name of Sadie C. Steadman, former widow of Hezeki:lh N. Stead- Corps, and pay -her a pens1on at the rate of $25 per month. . man, late of Company E, One hundred and twenty-fifth Regiment Ohio The name of Peter T. McQuain, late ,,_f Company B, Second Regiment Volunteer Infantry, and pay her a pension at the rate of $~5 per Vermont Volunteer Infantry, .and pay hi!D. a penswn at the rate of $50 month. per month in lieu of t_hat he.1s now receivmg. The name of Hunter C. Frampton, late of Company F, Thit·d Rep;i- The name of ~phraliD ,Whitson, late of Company E, One hu~dred and ment Pennsylvania Volunteer Heavy Artillery, and pay him a pension fi_fty -fourth Regiment Illmois Vol~te.er Infantry, a_nd pay. h~ .a pen- at the rate_of $35 per month in lieu of that he is uow recf'iving, no 18 &lon at the rate of $~0 per month m hen of that he now recei~g. L deduction or rebate to be made on account of former alleged overpay­ The name of Damel K. Rowe, late of pompany ~. Tenth Regrmen... mcnt or erroneous payments of pension. Tennessee Volu?te~r Cavalry, an~ pay him .a. p;nswn at the rate of The name of Helen B. Owen, widow of Robert S. Owen. late of Com· $50 per month m heu of· that he lS now receiV1Do· . pany A, Third Regiment 1\Iassachu etts \'olunteer 'avalry, aud pay .The J?ame of Albert Waller, late of. Company. B, Twelfth Reg1ment her a pension at the rate of $3ri per month in lieu of that she is now Mts ouri Volunteer Cavalry, and pay hliD a pensiOn at the rate of $50 receivin.,.. per month in lieu of that he is now receiving. .,. · · D '1 . f c G s d rr · The name of Kate McLaughlin, an Army nurse, Medical Department, The n~me of William. · ... oore::;, late o ompany • econ . egt- United States Volunteers, and pay her a pension at the rate of $30 ment UmtP;d States ~harp hooters, and lar:ndsman, Unite~ S~utes JSav.y, per month in lieu of that she is now receiving. and. pay h1m n; J?enswn at the rate of $u0 per month m heu of th<1t The name of Martha A. Wade, former widow of John Cales, late of he I now receiVlD:g·. . . . Company .A, One hundred and eighth Regiment Illinois Volunteer In- The name of Wilham 0. CalliS, late ~f Compal?y F, Nmth Reg1me~t fantry, and pay her a pension at the rate of $30 per month. Kentucky V:olunteer Cavalry, and pay hl£!1 a pe!lSIOn at the rate of $u0 The name of Nancy C. Troupe, former widow of J ames L. Forgey, per month m lieu of tJ?.at he is now receiving. . . . late of Company L, Fifteenth Regiment Missou1'i Volunteer Cavalry, The na.me of Franklm Bolen, late of Com_pany C, T~trty-stxth ~E'gt- and pay her- a pension at the rate of $25 per month. men-t OhiO Volunt.eer. Infantry, and. pay him ~ _PensiOn at the mte The name of Enoch K. Shackelford, late of Company G, Fourteenth of $40 per month m lieu of that he IS now recen>ng. . Regiment, and Company L, Eighth Regiment, Missouri Volunteer Sta~e 'l'he na~e of fesse Cor_n, late of Company E, One hundre(l and .Militia Cavalry, and pay him a _pension at the rate of $50 per month m seventy-thud RegliDent Ohio Volu~t~r Infantry, a.~d pay him. 3: pen- lieu of that he is now receiving. sion at the rate of $40 per montt1 m lieu of that he 1s now reccivmg. 1920. CONGRESSIONAL R.ECORD-HOUSE. 5il5

· The name of :Marion Cahall, late of Comp:mr B, Thirty-fourth Regi­ The name of John Walker, late of Company I, Thirteenth Regiment ment Ohio Volunteer Infantry, and pay him a pension at the rate of Tennessee Volunteer Cavalry, and pay him a pension at the rate of $50 $50 per month in lieu of that he is now receiving. per month in lieu of that he is now receiving. The name of Reuben Boring, late of Coapany C, Sixty-third Regi­ T~e name . of William H. Wroten, late of Company A, Thirty-fifth ment Ollio Volunteer Infantry, and pay him a pension at the rate of Reg:~ment Oh1o Vo_lunteer Infantry, and pay him a pension at the rate '. $50 per month in lieu of that he is now receiving. of ~50 per month m lieu of that he is now receiving. The name of Julia A. Barnes, widow of Leander P. Barnes, late of ~he name of Nicholas S. Ward, late unassigned, Thirtieth Regiment Company D, Second Regiment Rhode Island Volunteer Infantry, and Marne Volunteer Infantry, anu pay him a pension at the rate of 30 pay her a pension at the rate of $25 per month. per month in lieu of that he is now receiving. The name of James Doran, late of Company K, Seventh Regiment, The name of Harriette Skelton1 widow of Samuel G. Skelton late o.f and Company D, Thirty-ninth Regiment, Illinois Volunteer Infantry; Company A, ~irst Regiment Alaoama Vidette Volunteer Cavairy, ·and Company A, Third Battalion, and Company F, First Battalion, Eleventh payber a penswn at the rate of $25 per month. Regiment United States Infantry, and pay him a pension at the rate The name of Willb.m H. Willey, late of Company B Third Regiment of $40 per month in lieu of that he is now receiving. Vermont Vgiment further, That in the event of the death of Armidred l\Iarshall, helpless United States Volunteer Artillery, and pay him a pension at the rate and dependent child of said Joseph N. Marshall, $20. of the additional of $50 per month. pension granted herein shall cease and determine: .And pt·ovided fttrther, The name of Sarah El Totten, widow of David R. Totten, late of That in the event of the death of Alida A. Marshall, the names of James Company G, First Regiment Kentucky Volunteer Cavalry, and pay her E. Marshall and Armidred Marshall shall be placed on the pension roll, a pension at the rate of $30 per month in lieu of that she is now subject to the provisions and limitations of the pension lawst at the rece>iving. rate or $20 per month to each of them from and after the aeath of The name of Isaac Edgington, late of Company K, Seventy-first Regi­ said Alida A. Marshall. ment Ohio Volunteer Infantry, and pay him a pension at the rate of The name of Eliza McDancld, widow of John McDaneld, late of Com­ $50 per month in lieu of that be is now receiving. pany A, Sixth Regiment Iowa Volunteer Infantry, and pay her a pension The name of Gurney E. Hall, helpless and dependent son of Elijah at the rate of $25 per month. P. Hall, late of Company D, Seventh Regiment Ohio Volunteer Cav­ The name of Laona Carver, widow of Andrew J. Carver, late of Com­ alry, and pay him a pension at the rate of $20 per month in lieu of pany B, Sixth Redment Missouri Volunteer Cavalry, and pay her a pen­ that he is now receiving. sion at the rate of $35 per month in lieu of that she is now receiving. Tbe name of George B. Pearl, late of Company F, Twenty-third Regi­ The name of Jennie L. Ramsdell, widow of Andrew S. Ramsdell, late ment Wisconsin Volunteer Infantry, and pay him a pension at the of Compan:y E,·Fourteenth Regiment Maine Volunteer Infantry, and pay rate of $50 per month in lieu of that he is now receiving. her a pens1on at the rate of $35 per month in lieu of that she is now The name or Margaret Burney, former widow of James M. Chapman receiving. late of Comp:J.Dy F, Seventy-ninth Regiment Indiana Volunteer Infan~ The name of Julia E. Mills, widow of Leonidas E. Mills, late of Com­ try, and pay her a pension at the rate of $25 per month. pany H, Eleventh Regiment Michigan Volunteer Infantry, and pay her The name o! Robert Gilmore, late of Company C, Eightieth Regiment a pension at the rate of $25 per month. Indiana Volunteer Infantry, and pay him a pension at the rate of $50 The name of Michael Kirby, late of Company D, Fifth Regiment New per month in lieu of that be is now receiving. York Volunteer Veteran Infantry, and pay him a pension at the rate .,.. The name of Thomas J. Thomas, late of Company C, Thirty-ninth of $50 per month in lieu of that he is now receiving. Regiment Missouri Volunteer Infantry, and pay him a pension at the The name of Anna Sheridan, widow of John Sheridan, late of Com­ rate of $40 per month in Ueu of that be is now receivin.,., pany K One hundred and forty-fourth Regin1ent Indiana Volunteer In­ The name of Lyman M. Sherwood, late of the United States Marines fantry, 'and pay her a pension at the rate of $45 per month in Ueu of U. S. S. Saranac, United State Navy, and pay him a pension at the that she is now receiving: Provided, That in the even of the death of rate of GO per month in lieu cf that be is now receirtng. William Francis Sheridan, helpless and dependent son of said John

LIX--322

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5116 CONGRESSIONAL RECORD-HOUSE. APRIL 1,.

S~eridan, the additional pension herein granted shall cease and deter­ B Tbetname of Edward H. Bennett, helpless and dependent son of Lewis. rome: Pro·vided further, That in the event of the death of Anna Sheri­ e~me t, late of Company B, One hundred and fifty-fifth Regiment Illi­ dan,. the name of said William Francis Sheridan shall be placed on the nois Volun~eer: Infantry, and pay him a pension at' the rate of $20 perunon roll, subject to the provisions and limitations of the pension per month m lieu of that b4l is now receiving law , at the rate of 20 per month from and after the date of death of C The n~e of Alwilda "W!leeler, widow of "George H. Wheeler, late of said Anna Sheridan. ompany ~. Eleventh Regrment Kentucky Volunteer Cavalry, and pay The name of Andrew J. Hale, late of Company I Fiftieth Regiment her .a _pension at the rate of $35 per month in lieu of that she is now U'nited States Colored Volunteer Infantry, and pay him a pension at the rece1vrng. rate of 50 per month in lieu of that he is now receiving. R T?e name of Frederick Nientzenhelzer, late of Company A, Sixteenth The name of Abigail Merriman, widow of Henry L. Merriman, late eg~ment Indiana Volunteer Infantry, and pay him a pension at the of Company K, One hundred and seventy-first Regiment Ohio Volunteer rate of $50 per month in lieu of that be is now receiving Infantry, and pay her a pension at the rate of $30 per montb in lieu of The n_ame o.f Martin Edwards, late of Company K, Fourteenth Regi­ that she is now receiving. ment W1sconsm v_olll!lteer Infantry, and pay him a pension at the rate The name of James B. Erskine, late of Company B, First Regiment of $50 per month m heu of that he is now receivinoo Maine Volunteer Heavx Artillery, and Company A, Thirty-first Regi­ The name of William H. Durham. helpless. a'Iid dependent son of ment Maine Volunteer Infantry, and pay him a pension at the rate of Tolford Durham, lat.e of ComJ?any A, Fourth Regiment Maine Volunteer $50 per month in lieu of that he is now receiving. Infantr~, and pay ~~1!1 a pension at the rate of $20 per month in lieu of The name of Elmar K. Coppock, helpless and dependent son of Calvin that he IS now rec~1vmg. Coppock, late of Company C, Eighty-ninth Regiment Indiana Volunteer Infantry, and pay him a pension at the rate of $20 per month i.n lieu This bill is a substitute for the following bills referred to the of that he is now recei.ving. Committee on Invalid Pensions: The name of Clara C. McCracken, wi.dow of John M. McCracken, late of Company K, Forty-sixth Regiment Illinois Volunteer Infantry, and II. R. 1029. John J. Kraft. H. R. 10673. James F. Smith. pay her a pen ion at the rate of $45 per month in lieu of that she is H. R. 1888. Patrick Collins. H. R. 10712. Benjamin F. Ford. now receivi.ng: Provided, That in the event of the death of Mary A. H. R. 2378. Robert Sutor. H. R. 10713. David E. Mo bolder. McCracken, helpless and dependent daughter of said John M. McCracken, H. R. 2466. Mary J. VanDenbergh. H. R.10723. John E. Broyles. the additional pension herei.n granted shall cease and determine : Pro- H. R. 3012. William A. Wilson. H. R. 10758. Sarah E. Maurer. 1>ided further, That in the event of the death of Clara C. McCracken, the H. R. !i057. Nancy J. Clark. H. R. 10773. Catherine Weher. name of said Mary A. McCracken shall be placed on the pension roll, H. R. 3524. Jane McMahon. H. R. 10774. Diana Lucas. subject to the provisions and limitations of the pension laws, at the H. R. 3583. Zora Hockman. H R 10776 S 0 I G H. R. 3760. Willard D. Dennison. H.· R.· 10781.· Johnomon R. J.Garstang. rine. rate of $20 per month from and after the date of death of said Clara H. R. 5118. Callie B. Boatright. H. R. 10784. Charles S. Humphrey. C. McCracken. H. R. 5198. George T. Baldwin. H. R. 10785. Nancy F. Taylor. The name of Elecla Rexroad, widow of Maranda H. Rexroad, late H. R. 5199. Phebe E. C. Priestley. H. R. 10794. Murray V. Livingston of Company A, Tenth Regiment West Virginia Volunteer Infantry, and H. R. 6070. James Warren. H R 10799 Eli b th B ch pay her a pension at the rate of $35 per month in lieu of that she is H. R. 6303. Ferdinand Lambert. H. R.1080l. za e ea · now recei.ving. H. R. 6701. Catharine Maconaughay.H· R. 10813· Mary Philips. The name of Anna F. Willis, helpless and dependent daughter of H. R. 6933. Charles W. Smith. a R. 10825· Callie Oberer. Alfred Willis, late of Company G, Thirty-fifth Regiment Massachusetts H. n. 7064. Cynthia R. Osgood. H R. 10828. Sarah Cain. Volunteer Infantry, and pay her a pension at the rate of $20 per H. R. 7171. Jesse A. Smith. H: R: 10829: roe~~o~~~ges. month in lieu of that she is now receiving. H. R. 731~. George W. Hollenbank. H. R. 10830 Nancy H Jacklin The name of Mary F. Woods, widow of David Woods, late of Company H. R. 7716. Marv A. Slack H R 10848. · · . . I, Twenty-seventh Regiment United States Colored Volunteer Infantry. H. R. 7823. Franklin HarrOd. • · · · William Ip. Cheek. and pay her a pension at the rate of $25 per month. H. R. 7902. Eva McNett H. R. 10849. J~hn Ervm. The name of Robert H. Kernan, late of Company M, Second Regiment H. R. 8319. samuel Bainter H. R. 10850. Rtch~d Herrell: Missouri Volunteer Cavalry, and pay him a pension at the rate of $50 H. R. 8450. Annie J. Page.· H. R. 10853. Jere!!uah M. F1tger. per month in lieu of that he is now receiving. H. R. 8631. Thomas J. O'Harra. H.H. RR. 10854. ~ottle Baug-hman. The name of George W. Thompson, helpless and dependent son of H. R. 8670. Henry Leedom. · 10856. Emma E. Brown. Andrew G. Thompson, late of Company B, Forty-first Regiment Massa­ H. n. 8905. William A. Middleton H. R. 10860. Loretta Hosey. chusetts Volunteer Infantry, and pay him a pension at the rate of $20 H R 8908 Eli b th A t · H. R. 10862. James R. Hann per month in lieu of that he is now receiving. H: R: 8981: Am~~Ja B. ~~~h. H. R. 10863. Lucian Smith. · The name of. Charles H. Bothwell, late of Company .A, Ninety-eighth H. R. 9079. John Wilson. II. R.10869. Hannah Brantner. Regiment Illinois Volunteer Infantry, and pay him a pension at the H. R. 9086. Rebecca Horine. H. R. 10886. R~o~a But~on. rate of $50 per month in lieu of that he is now receiving. H. R. 9133. Bertha Blanch Weimer. H. R. 10889. Wilham Clme.. The name of William Firkins, late of Company D, Fifty·third Regi­ H. R. 9198. James Robison H. R. 10896. Martha L. Elliott. ment, and Company I, One hundred and forty-first Regiment, illinois H. R. 9223. Ezra Shanks. · H. R. 10904.. Sarah Mowry. Volunteer Infantry, and Company K, Seventh Regiment Illinois Volun­ H. R. 9291. Sibria Armstrong. H. R. 10906. Emma Swalls. teer Cavalry, and pay him a pension at the rate of $50 per month. H. R. 9450. David Hahn. H. R. 10907. Zetta Swails. The name of Lewis c. Fosnot, late of Company G, Second Regiment H. R. 9488. Alice West. H. R. 10908. Jasper Stoops. Pennsylvania Volunteer Heavy Artillery, and pay him a pension at H. R. 9491. Stephen H. Leonard. H. R. 10909. Sarah J. Parka. the rate of $50 per month in lieu of that he is now receiving. H. R. 9513. Max J. Alwens. H. R. 10911. Mary H.avemaker. The name of George Guilford, late of Company A, Sixty-seventh Regi­ H. R. 9554. Colbert Ratlitl'. H. R. 10913. Nelson Behymer; ment Ohio Volunteer Infantry, and pay him a pension at the rate of ~ R. 9598. Edmond Harvey. H. R.10914. Lemuel C. Nicooson. $50 per month in lieu of that he is now receiving. H. R. 9659. Sarah J. Bates. H. R. 10915. Burton Walters. The name of William F. Dines, late of Company C, Twelfth Regi­ H. R. 9660. Joseph R. Lawson. H. R. 10929. Fannie E. Porter. ment Illinois Volunteer Infantry, and pay him a pension at the rate H. R. 9748. Ma.ry F. Lake. H. R. ~0930. Jane Burton. of $50 per month in lieu of that be is now receiving. . H. R. 9757. George W. Willard. H. R.10931. Mary A. McGill. The name of Isaiah G. Mayo, late of United States Sanitary Com­ H. R. 9758. Johanna Dowling. H. R. 10932. Eben N. Higley. mis ion's ship S. E. Browne, and pay him a pension at the rate of $30. H. R. 9791. Emma Park. H. R.10937. Martha J. James. per month in lieu of that he is now receiving. H. R. 9831. George ~lilton Frye. H. R. 10943. Betsey Palmer Mason. The name of Ida McCoy, widow of James McCoy, late of Company E H. R. 9866. Is~hella Gruver. H. R. 10950. Merritt A. White. One hundred and eighty-fourth Regiment Ohio Volunteer Infantry; H. R. 9964. Elizabeth I. E. Duffield."H. R.10951. George W. Flack and pay her a pension at the rate of $25 per month. H. R. 10059. Ellen Bridge. H. R. 10952. Robert W. Gibb :. The name of Sophia Schram, widow of John Schram, late of Com­ H. R. 10061. Mary L. Drake. H. R.10954. William A Codding- panies H and B, Twenty-eighth Regiment Ohio Volunteer Infantry, and H. R. 10100. Elizabeth S. Van Pelt. ton · pay her a pension at the rate of $27 per month: Provided, That in H. R. 10128. Lillifl;n S. Do?ds. H. R. 10955. Chris.topher Wilson. the event of the death of Estellia L. Schram, minor daughter of said H. R. 10159. Har.net JU. R1tter. H. R. 10975. Samuel J. White. John Schram, $2 of the pension herein granted shall cease and deter­ H. R.10176. Levi Welch. H. R. 10978. Rebecca E. Brown. mine: Pro1Jided further, That in the event of the death of Sophia H. R.10203. La.zarus W. Johnson. H. R. 10979. James T. Jones. Schram the name of said Estellia L. Schram shall be placed on the H. R. 10250. E~abeth A. Tuttle. H. R. 10980. Han-iett A. Lake. pension roll, subject to the provisions and limitations of the pension H. R. 10268. Eh7!abeth A. Pease. H. R. 10981. Thomas w. Sample H. R. 10283. E.m.i!Y ~-Wellman. H. R. 10983. Alfred Murray Ruig- laws, at the rate of $12 and $2 per m

H. R. 11142. .Andrew Reiber. II. R. 11562. Nathaniel Henry. The Clerk read as follows: II. H. 11144. , 'arab N. Bolinger. H. R. 11564. Sarah A. Christy. ll. H. 11147. Thompson S. Lozaw. H. R. 11577. Sarah Keys. Amendments offered by Mr. FULLER of Illinois: n. H. 1114 ..Joseph J. Dalbey. II. R. 11!l91. James Bartram. l'age 14, line 1, insert the words "First Rf'giment" at the beginning H. U. 11150. Louise H. Thornton. H. R. 1Hi93. Sarah E. Tottj:!n. of line, before the words "Veteran Reserve Corps." II. R. 11159. Peter T. McQuain. H. R. 11595. Isaac Edgington. Page 19, line 10, change the word "wife" to "widow." Jl. R. 11176. Ephraim Whitson. II. R. 11596. Gurney E. Hal). Page 21, line 10, change designation of company from "V" to "C." H. R. 11186. Daniel K. Rowe. H. R. 11598. George B. Pearl. Page 23, line 19, change the name "Haremaker" to "Havemaker" H. R. 11208. Albert Waller. H. R. 11613. Margaret Burney. in two places. H. R. 11213. Kate McLaughlin. H. R.11614. Robert Gilmore. Page 27, line 13, add letter "t" to given name of claimant, making II. R. 11218. Martha A. Wade. H. R. 11615. Thomas J. Thomas. it read "Harriett" instead of "Harriet." b H. R. 11243. ·ancy Troupe. H. R. 11620. Lyman M. Sherwood. Pa?,e 28, line 8, change the word " Relief " to " Reserve," making it c. read ' Veteran Reserve Corps." ll. R. 11244. E~~;~. K. Shackel- fi: f: i{g§r ~i~Ua'!a~:rwroten. Page 31, strike out lines 17, 18, 19, and 20. H. R. 11245 . .Albert Shellhorn. H. R. 11632. Nicholas S. Ward. Page 37, in lines 5 and 6, correct name of claimant anti soldier to H. H. 11246. Elizabeth Burgess. II. R. 11643. Harriette Skelton. read ''St. Denis" instead of "Saint Denis." II. R. 11247. A I ex and e r Kim- H. R. 11647. William H. Willey. Page 38, line 23, change name of soldier from " Coble " to " Cobb." brough. H. R. 1164 . .John E. Coogle. Page 49, strike out lines 18, 19, 20, and 21. t H F I H. R. 11649. Ellis Henthorn. Page 49, lines 22 and 23, correct name of claimant and soldier to H . R . 112G9 . G arre . ' 'ow er. H. R. 11651. Lucy J. Sheldon. read '' Bedell " instead of " Bedwell." II. R. 11263. Frederick A. IIart. II. R. 11652. Philanders. Groesbeck. rage 50, line 6, insert dollar mark ($) before figures "50." If. R. 11284. Joseph E. Crow. II R 116 4 .,... h s 'th Page 50, line 16, make name of soldier read "Johnston" instead of II. R. 11286. Cassie R. Hatch. · · 5 · .1.u.ars nn · "Johnson." II. R. 11291. William .A. Karnes. H. R. 11658. Catharine Lenz. · Page 55, strike out lines 8, 9, 10, and 11. H. R. 11293. Sarah E. Frost. H. R. 11678. Solomon Morri . H. u. 11296. Nelson B. Hackett. H. R.11689. James L. Moore. The SPEAKER. The question is on agreeing to the amend­ II. R. 11315. Henry H. Rowe. . H. R. 11701. Gilbert Smith. II. R. 11316. Caroline St. Denis. H. R. 11705. Harnet II. Carmical. ments. · h C II k II. R. 11714. Ephraim A. Adams. H. U. 11318 · J osia · ancoc · H. R. 11744. Peter L. Tremper. The amendment · were agreed to. II. R. 11322. John Wroton. lli. BLANTON. Will the gentleman yield to me fr-e min­ II. R. 11326. Charles M. Taylor. II. R. 11767. Susan Bedwell. H. R. 11327. Julia Ruth Bartlett. H. R. 11782. George H. Pennington. utes? II. u. 11328. Jesse w. Rigby. II. R. 11801. Louisa. R. Bechtel. l\Ir. FULLER of Illinois. I yiela Whittlebery. II. R. 11525. Sallie A. Cox. II. R. 12130. Edward H. Bennett. day meal even. Every one of these prir-ute bills that is brought H. R. 11529. John Foster. 1 H. R. 11530. Edward R. Roll. H. R. 12142. Alwilda Whee er. up here receives their attention. They have made a personal n. R. 11532. Harriet Sillman. . II. R. 12172. l<'rederick Nieutzenhel- investigation of it. They are familiar with the facts. They II R 11533. Laura Levf'.nseler. zer,. know the merits and demerits of it, and when demerits appear u: R: 11534. William W. Good· H. R. 12175. M~r?n Edwards. ridge. H. R. ;1.2447. Wilham H. Durham. they have the courage of their convictions to stand up )lere and object. It means a whole lot of hard work. The constitul'nts Me. FULLER of Illinois. Mr. Speaker, I offer the following of the gentleman from Massachusetts [l\!r. 'V .ALSH] and the committee amendments, which it was understood might be constituents of the gentleman from Ohio [Mr. GARD] will never offered en bloc : realize the many hours of hard, tedious work that these O'en­ Page 14, line 1, insert the words "Fil·st Regiment" at the tlemen have put on these various bil1s. They are only following beginning of line before the words "Veteran Reserve Corps." in the footsteps of the distinguished gentleman from Illinois Page 19, line 10, change the word " wife" to "widow." [1\I.r. MANN], who used to perform this same valuable service. Page 21, line 10, change designation of company from " V " They have taken his place in a large measm·e. I do not believe to" C." in throwing flowers at people after they are dead an ide for the The SPEAKER. The gentleman from Illinois offers the fol­ ul1otment of lands of the .Crow T ibe, for the dish·ibution of lowing committee amendments, which the Clerk will report• tribal funds, and for other purposes.

• CONGRESSIONAL RECORD-HOUSE. APRIL 1;

The SPEAKER. Is there objection? 1\lr. HAUGEN. :Mr. Speaker, this little post office is in a Mr. GARD. Reserving the right to object, what is the re­ small town of 150 people. I do not know what the revenue of quest? the office was, _b_ut probably $300 or $400. It is not to be expected The SPEAKER. The request is that it be rereferred to the that a 'JOUDg man who is hustling after business in a country Committee on Indian Affairs. It was reported from the Com­ store can be expected to be acquainted with all the rules and mittee on Indian Affairs. regulations of the Post Office Department, which require that Mr. SNYDER. I desire to have it referred back to the com­ the inner door of the safe shall be locked. mittee for further action. But, as is shown in the report of the committee and also in The SPEAKER. Is there objection? the letter from the Postmaster General, this safe was blown There was no objection. by burglars, and, as has been stated, even if the inside door had been locked it would have afforded no protection against these EXTENSION OF BE:MARKS. burglars with dynamite. Under the circumstances it would 1\Ir. TILSON. Mr. Speaker, I ask unanimous consent to extend seem fair that the postmaster should be reimbursed. There are my remarks in the RECORD on the so-called Nolan bill for the plenty of precedents for this. It has been the custom of Con­ relief of the Pension Office. It was passed three weeks ago on a gress to reimburse postmasters in many instances. This bill day that I was absent from the House: I now ask unanimous was reported and passed by the House some years ago. consent to extend my remarks on that bilL 1\lr. WALSH. Of course, the gentleman could make the same The SPEAKER. Is there objection to the request of the argument in case the outer door was closed but unlocked and gentleman from Connecticut? they did not have to blow it open with dynamite. The regula­ There was no objection. tions require and under some administrations at least we have :M'CLINTIC-MABSHALL CONSTRUCTION CO. had postmasters who were familiar with the law and the regu­ lations. It requires that they shall keep the stamps and othet• The next business on the Private Calendar was the bill (H. R. valuables of the office in a safe of a certain kind and that the 6092) for the relief of the l\IcClintic-1\Iarshall Construction Co. inner door shall be locked. That might not be any protection if The SPEAKER. Is there objection? blown ope by dynamite, but the regulations do not say that if Mr. KELLY of Pennsylvania. l\Ir. Speaker, I ask unanimous blown open by dynamite the responsibility on the part of the con ent that the bill may be passed for the present. postmaster ceases. The SPEAKER. Is there objection to the request of the Mr. HAUGEN. Let me read from the Postmaster General's gentleman from Pennsylvania? letter. It is as follows: l\1r. BLANTO . Reserving the right to object, have we a The evidence relativ~ to the burglary of March 12, 1913, shows that right to have the bill disposed o~ at the present time? t:b.e post office wn.s forcibly e.ntered by burglars, who apparently worked The SPEAKER. If the gentleman's request is granted, it the combination of the safe therein, from which they took the postage stamps and money-order fund , as claimed by the postmaster· but the would stay on the calendar. postmaster had failed to lock the inner doors of his safe and' had not Mr. BLANTON. Where it is objected to it could not be called changed the combination since the safe came into his possession four up later; but if the request of the gentleman from Pennsylvania or five years previously. ' Relative to the burglary of October 2, 1913, the evidence shows that is granted, it may be called up again this afternoon. burglars forcibly entered the post office and blew open the outer doors Mr. KELLY of Pennsylvania. I ask that the bill may be of the safe, from which they took the postage stamps, as claimed by the postmaster. In this instance the inner door of the safe had not been passed for the day. locked. :Mr. BLAl\TTON. If it will not be taken up again to-day, I have 1 no objection. Now, that is the practice of the department, but, after all, the The SPEA.KER. Is there objection? door was forced open. Mr. KEARNS. Do these small post offices keep safes for There was no objection. money and stamps? ALBERT T. HUso: 1\fr. WALSH. Some classes do. The next business on the Private Calendar was the bill (H. R. Mr. KEARNS. The gentleman says this is a town of only 150 12333) for the relief of Albert T. Huso. inhabitants. · The SPEAKER. Is there objection to the consideration of 1\fr. HAUGEN. The town is in my home county. I have the bill? known this postmaster ever since childhood. He is a man of 1\Ir. WALSH. Re erving. the right to object, I see that this high standing and of absolute veracity. He conducted a store bill involves 753, and the Postmaster General, under date of in this town, the population of which is about 150 inhabitants. February 11 last, states that the postmaster was guilty of neg­ Mr. WALSH. It has become a sort of a habit to blow that ligence within the meaning of the statute of 1888. No evidence safe open, as this is the second time it has been burglarized has been submitted to the department to warrant a different within six months. action in this case. Has any endence been submitted to the com­ 1\fr. HAUGEN. There haYe been several burglaries in that mittee which would justify a favorable action upon this claim vicinity, not in this particular post office but in that vicinity. in view of the attitude of the department? It would appear The gentleman knows-- that there are no additional facts set forth in the report on the 1\Ir. KEARNS. Do the post offices of that size keep a safe? bill. It is a dangerous thing to establish these precedents in Mr. HAUGEN. Yes. these cases. 1\fr. GLYl\TN. The regulation require that he shall be responsi­ Mr. GLYNN. The evidence shows clearly enough that tQe ble for the stamps, and if-- postmaster had not changed the combination on the safe for lli. KEARNS. But is a safe required? some four or five years. B'gt that did not seem to be very mate­ 1\fr. WALSH. When they get a safe there are certain regula. rial or very important to the committee in view of the fact that tions applying to it with which they are obliged to comply. this safe was blown open by burglars with dynamite. There is 1\fr. KEARNS. Suppose they had no safe and the store had a provision in the postal regulations which provides that the been broken open and the stamps or money taken? inner door of the safe shall be locked. You who know anything Mr. WALSH. It depends upon the circumstances as to about safes know that there is a thin door in many safes, hardly whether it would be considered negligible. In this case the thicker than a piece of tissue paper, one-eighth of an inch or Postmaster General thinks it was negligible. less in thickness, and which is absolutely no protection what­ Mr. KEARNS. I know of post offices that have no safes at all. ever to the contents of that safe. The outer door. was locked, 1\fr. LAYTON. Does the gentleman object? and that, of course, is a protection. But when a burglar can Mr. WALSH. I reserved the right to object in order to get a blow open the outside door of a safe he is not going to be held little more information than is contained in the report. up by the thin inside door. I am not referring now to the heavy Mr. GLYNN. I will say this to the gentleman from Massa­ door underneath but to the thin door inside, which did not chusetts, I have been a postmaster. I know the kind of safe happen to be locked. the Government furnished to me in a town of 10,000 people. 1\fr. W AL H. Certainly the burglar is not going to be held The outside door is probably an inch and a half thick and ought up if the door is unlocked, as it was in this case. Having blown to be locked, and then there was an inner box of about the S!l.me open the outer door they found the inner door unlocked. thickness and above that was the thinnest kind of door that Mr. GLYNN. Which is so thin that it offers no protection. was absolutely n'J protection. There is no sense of having lt. Mr. WALSH. That depends on the kind of a safe ; some are That is about the same sort of safe as this kind. Why, a hard steel doors with Yery secure locks, and sometimes it re­ man with a hammer could strike it a blow and shatter it. quires considerable drilling even before they can get through Now, it seems to me we ought n~ to require a high ucgree of the inner door. I do not know anything about the facts of this diligence in the case of a postmaster living in a village of 150 case becau e they are not fully stated, but the laws and regu­ people where he has a good many other things to do. That lations of the Post Office Department require that the inner door kind of a safe is not any protection anyway. A burglar can shall be locked, and in this case it was not. blow it up and blow it ~11 to pieces in very short order. 1920. CONGRESSIONXL R.ECORD-HOUSE. 5119 ~ ~~

Mr. WALSH. Of course, if we establish a practice here of The SPEAKER. The Clerk will report the bill. paying these claims for losses that the department A.ndica:es, The bill was reported in full. and it is not controverted, result in part from negligence and Mr. GLThTN. Mr. Speaker, in the absence of the chairman, I Jet down the doors, why our postmasters will not take any move that this bill be passed over for the day. care of the property at all. Now, in the first instanc~ !:hey d~d The SPEAKER. Without objection! the bill will be pa.ESed not blow open this safe, they unlocked it. That occm-red ill over for the day. The Clerk will report the next bill. March. In that instance the inner door was unlocked nnd a part of these stamps were absh·acted. Again in October they ESTATE OF HENRY .A. V~ POST. came along and although the combination on the outer doo1· The next business on the Private Calendar was the bill (S. had not been changed they blew it open with dynamite and 2300) for the relief of the estate of Henry A- V. Post. again found the inner door unlocked. Now, it seems to me the T.he SPEAKER. Is theTe objection to the present considera~ circumstances, with ·the nonconformity with the postal laws tion of the bill T and regulations, are not such as to warrant us in expending Mr. BLANTON. 1\Iay we have this on-e reported, Mr. over $800 in settlement of _this claim, and I am inclined-.- Speaker? :Mr. HAUGEN. The Postmaster General states the evidence The SPEAKER. The Clerk ·will reoort the bill. shows in the last burglary tha.t the burglar forcibly entcr~d The bill was read in full. - Mr. I be the post office and blew open the outer door of1 the safe. GLYNN. Mr. Speaker, move that the bill passed 1\lr. WALSH. That is the October affair, not the one that over for the day. occurred in March. Now, the postmaster knew of the one that The SPEAKER. Witlwut objection, it will be so ordered. occurred before and he had a little experience and he shonld Tbe Clerk will report the next bill. have profited a little by it it seems to me. He worked the com­ OWNER OF DEBRICK " CONCORD." bination of the safe and the postmaster had failed to lock the inner door and had not changed the combination since the safe The next business on the Private Calendar was the bill (H. R. came into his possession, four or five years previoru;ly. 9629) for the relief of the owner of the derrick Concord. The SPEAKER. Is there objection to the present considera­ lli. HAUGEN. This was in a country store; everybody under­ tion of the bill? stands that these small safes afford no protection against Mr. WALSH. Mr. Speaker, reserving tbe right to object, I burglary but do afford protection to the contents against fire. would like to ask the gentleman the reason for the amendment That is about the onJy purpose of these small safes. The on page 2. , _ smaller post offices do not have burglar proof safes. What added protection does changing the combination give-whether 1\fr. GLYNN. I think the gentleman from Kew York [Mr. CLEARY] perhaps can explain that. Frankly, I can not. it is changed or not? Mr. O'CONNOR. Is it not easier to blow the safe than to Mr. KELLY of Pennsylvania. Mr. Speaker, if tbe gentle­ work the combination? • man will permit, the amendment of the committee, as stated in the bill and in the report, shows that section 2 should be stricken Mr. GLYNN. As a matter of fact a large proportion of thes·~ out and other language inserted in section 1. There is a con~ country stores are said t9 bang the ~ombination. ou.. ~ ;~~1 to fusion in the amendment, as the gentleman from .Massachusetts say- "Do not blow up the safe, here lS the combma1Jon, be­ [Mr. W .A.LSH] has noted, and the first four lines and down to cause it 1s absolutely no protection against burglarly. the proviso should be retained in the bill instead of having them Mr. HAUGEN. It takes but a few minutes for an expert stricken out. The part to he stricken out was simply the proviso to blow a safe of that kind. One of the banks in our county­ in section 2, in order to have it conform to the form the Senate this same county-was robbed of over $30,000 in b~n~s r~cently. has used, and which the House Committee on Claims adopted in Mr. WALSH. After all, there may be some distinctio? for the bills already passed. paying for losses that occur .through negligen~e and paymg a Mr. \VALSH. But the amendment in refereuce to notice be­ burglar for coming and stealmg a valuable piece of property. ing given to the Attorney General is that in 1he form carried There is a little distinction. But if you are- going to say to heretofore in bills of this class? these people do this and violate the ~·egulat~ons, and then we Mr. KELLY of Pennsylvania. That is the form that the will pass a special bill and say we Will credit your acco";ffit ~o House has insisted on in several bills that have gone through. much when only the other· day we passed a $13,000 claun, ill the committee and the House. my j~d1m1ent we are simply inviting these people to be careless. 1\fr. GARD. We passed a bill a while ago in which there was I am r:ther doubtful about the justice of this claim and I ob- nothing of that kind. ject, Mr. Speaker. . 1\fr. KELLY of Pennsylvania. I was trying to explain that. The SPEAKER. Objection is made, and the- Clerk TI>""Ill re­ These three bills that passed did not provide that the Attorney port the next bill. General should appear and defend the United States, althouth AUTHORIZING DISPOSAL OF LAND AT WATERVILLE, M.E. that is implied, of course, in the Senate bill. Tl:\e House form as The next business on the Private Calendar was the- bill (S. it stands puts that provi.sion in, and at the same time pro\ides 3187) to dispose of a certain strip of public land in Wate-rville, that the money shall be paid out of the United States Treasury Me. out of any fees not otherwise appropriated. By an error section The Clerk read the title of the bill. 2 was to be stricken from the bill entirely, where only the pro­ The SPEAKER. Is there objection to the present considera­ viso to section 2 should be stricken out, and the form retained tion of this bill? [After a pause.] The Chair hears none. as in the other bills. The Clerk read as follows: Mr. WALSH. The proviso in. section 2 is used in the amend­ ment to section 1? Be it enacted, etc., That the Secretary of the Treasury be, and he is hereby authorized, in his discretion, to sell to the owner of the abutting Mr. KELLY of Pennsylvania. And that is the reason it should land for cash the strip of land fronting 10 feet on the southeasterly be stricken out in section 2. Section. 2 should remain as it is, side of Elm Street and extending, of that width, southeasterly along the southwesterly side of the Federal building site in Waterville, Me., except for the proviso, in order to make it concur exactly in a distance of 122 feet 4~ inches. more or less, at a price not less than form with the other bills. the pro rata square-foot cost of the land paid by the United States, Mr. WALSH. I will not object. which strip is not needed by .the ?-overnment ; to convey said land to the purchaser by the usual qwt-cla1m deed ; and to dep-oSit the proceeds The SPEAKER. Is there objection to the consideration of of such sale in the Treasury of the United States as a miscellaneous the bill? [After a pause.] The Chair bears none. The Clerk receipt Or the Secretary of the Treasury may, in his discretion, grant will report the bill. said owner an easement in perpetuity in said strip of land !or driveway purposes, charging therefor such Sum as the Secretary of the TYeasury The Clerk read as follows: deems just and reasonable. Be it enacted, etc.; That the claim of the owner of the derrick ·Concord., arising out of collision between said derrick and the U. S. S. Robin The SPEAKER. Tlle question is on the third reading of the on January 10, 1919 at the north pier of the Merritt & Chapman bill. Derrick & Wrecking Co ..'s dock at the district salvage base, Stapleton, Staten Island N. Y., for and on account of the losses alleged to have The bill was ordered to be read a third time~ was read the been suffered in said collision by the owner of said derrick Ootteot·d by third time, and passed. reason of damages to said derrick may be submitted to the United States On :rru>tion of Mr. PETERs, a motion to reconsider the vote by court for the eastern district of New York under and in compliance with the rules of said court sitting as a court of admiralty; and that the said which the bill was passed was laid on the table. court shall have jurisdiction to hear and determine the whole contra· versy and to enter a judgment or decree for the amount of the legal WALSTON H. BROWN. damages sustained by reason of said collision, if any shall be found to be due either for or against the United States, upon the same principle The next business on the Private C~lendar was the bill (S. and measure ot liability, with costs, as in like eases in admiralty be­ 495) for the relief of Walston H. Brown, sole surviving partner tween private parties with the same right of appeal. of the firm of Brown, Howard & Co., and of the Philadelphia & SEc. 2. That should damages be found to be due from the United & States to the owner of said derrick Ooncora, the amount of the final de­ Reading Coal Iron Co. cree or decrees therefor shall be paid out of any money in the United · Mr. BLANTON. Mr. Speaker, may we have the bill reported? States Treasury not otherwise appropriated: Provided, That such suit 5120 CONGUESSION.A_L l~ECORD-HOUSE. APUIL 1,

shall be brought and commenced within four months after the passage Mr. h.'"ELLY· of Pennsylvania. Tlte confusion arises because of of tbi._ act. SEc. 3. That the mode of servicP of process shall conform to the pro­ the forms adopted by the Senate committee and the House com­ vision of the act of l\lar h 3. 1 S 7. entitled "An act to provide for the mittee. If the gentleman desires, we will move to trike out thi bringing of suit agaw t tht United States." provision and insert section 2. Al o the following committee amendments were read: ·Mr. l!I!ANN of Illinois. This is to strike out the provi ion and On page 2, line !l, after tbe woru " appeal," strike out tbe period, insert the Senate proviso. insert a colon and tbe following : Mr. KELLY of Pennsylvania. I beliete we can sub titute the up,·ovidea, That such notice of the nit shall be given to the Attor~ ney General of the United States as may be provided by order of the Senate provision. said court, and it shall be the duty of the Attorney General to cause Mr. McKEOW~. l\Ir. Speaker, I move to strike out the last the United Stutes attorney in such district to appear and defend for . the United States: Pt·ot·id-ea turthe1·, That said suit shall be brought WM~ ·and commenced "ithin four months of tbe date of the passage of The SPEAKEll. The gentleman from Oklahoma moves to this act" strike out the last word. Second amendm211t : Page 2, strike out all of sections 2 and 3. Mr. McKEOWN. I notice that there are a great many of Mr. KELLY of Penn ·ylmnia. The first nmendment should these claims for damages done by ve el of the United State., be disposed of first and I take it that that occurred during the congestion during the Mr. l\IA.NX of Illinoi . Mr. Speaker, is this to have a uit war. But I want to know if thi committee has any informa­ brought in admiralty? tion as to whether any attempt is being made by the department Mr. KELLY of Pennsylvania. Yes. to bring to the attention of their employee this neglia nee wbich :Mr. 1\IA.NN of Illinoi ·. Why do you put in this provi o to is going on and which results in the United State being mulcted the effect that the Attorney General shall be notified, when you in damage" every time some Government boat bump into ·orne refu ed to put it in the Senate bill a little earlier in the after­ other craft, resulting in a suit being brought for damages again t noon and insisted nt that time it was not necessary? the United State· in the Court of Claims. l\fr. KELLY of Pennsylvania. 1\lr. Speaker, if I understood Mr. KELLY of Pennsylvania. In each case where a bill is pre· the proposition at that time, the question was not whethe1· the sented the committee immediately take it up with the depart­ Attorney General should be notified, which would be done us ment, and the department sends full information regarding it. a mntter of course, I preNume, but whether or not the money I pre. ume they endea\or to preycnt a recurrence in the future. shoulll be paid out of the Treasury of the United States under In tllis case the Navy Department reque. .:ted that this hill be thL-:; act. passed, so that the claim ·may be pas ed upon by the court . 1\lr. 1\IA..:..~X of Illinois. Oh, no. The gentleman from Ohio Mr. l\fcKEOWN. I want to know if the department i taking [l\lr. GARD] Yery disl:inctly called attention to the fact that steps to preYent in the future accidents of this kind that are oc­ the bill then under consideration did not provide how the curring now, for wbic·h we hall ha\-e to pay damage·. United State· hould be brought into court and how notice l\fr. KELLY of Pennsylvania. I could not an wer that ques- should be made. tion. .. l\lr. KELLY of Pennsylvania. The gentleman from Ohio The SPEAKER. The question is on arrrceing to the fit· t com­ calleu attention to section 3, which provided for service, and mittee amendment. that wa · stricken out in all these bills. The amendment was agreed to. Mr. l\IAI\~ of Illinoi . The gentleman from Ohio called l\lr. KELLY of Pennsylvania. Now, Mr. Speaker, I offer a attention to the fact that the bill made no provision as to how committee amendment. On page 2, line 21, strike out the line the United States sl!ouJd be notifi.ell, unless I misunderstood beginning "Proeided '' and the remainder of section 2, leaving the o-entleman from Ohio. section 2 remain in the bill with that exception. Mt·. GARD. In order to settle the dispute I may say that The SPEAKER. 1.'he Clerk will report the nmeudment. the illea that I intended ·to convey is viven a better expres ion The Clerk read as follows : by the gentleman ft·om Illinois [l\fr. MANN]. ~trike out, on page 2, lineR 21, 22, and 23, covering the provi ·o, u Pro­ Mr. MANN of Illinoi~. The gentleman from Ohio conveyed 't'idea1 '.rhat such suit shall be brought and commenced within four it yery distinctly at the time, and the gentleman from Penn­ montns after the passage of this act." sylYania, and the gentleman from Connecticut, and the gentle­ Mr. l\lA!t\"N of Illinois. This is an amendment to text. The man from Iowa insisted it was not necessary to de.scribe how way to do is to agree to this amendment and then di agl'ee to Ute notice should be served, because thel"e wa' a general statute committee amendment. · on the subject. If there is a general statute, what is the pur­ · l\Ir. KELLY of Pennsylvania. I offer fhi nmendment now to pose of putting this in? strike out the proviso. l\It'. KELLY of Pennsylvania. If the gentleman will pardon The SPEAKER. The committee amendment stl'ikes out the m~. the question, as I understood it and as my colleague under· proviso and the rest. stood it, was that section 3 provided for a sen·ice of proce s, l\Ir. KELLY of Pennsylvania. I· it not po · ·ible to substitute which we stated would be cared for under admiralty laws and an amendment for the committee amendment from the floor? that the section was not necessary. The SPEAKER. The _g-entleman moves to strike out the pro­ Now, as to the notice of the Attorney General, that question, to viso on lines 21, 22, and 23. The question is on agt·eeing to the my krim:rledge, did not come into the propoNition at all, but the committee amendment. contr·o,ersy was on section 3. l\Ir. 1\UNN of Illinois. 1\lr. Speaker, the question now is l\Ir. l\1ANN of Illinois. It was practically the same question. merely upon the amendment making an appropriation for the That is what I want to get at, whether it is necessary. In that payment of the judgment. I do not uppo ·e it make any mate­ bill you made no provision as to how notice should be served rial difference, but in the case of private claims, where we pay on the United States. There is no provision, except to notify the a claim, it is usual to make an appropriation for the payment of Attorney General or the district ·attornc:>y of the United States. the claim, because that is what we do; but it i · not u ual, where I understood from the gentlemen all around, then defending the we provide for a suit being brought against the United States, bill, that it was not necessary to have any specific provision, and to provide in the same act for the palrment of the judgment. no specific provision is in that bill. Now, what I want to know Judgments against the United State·, wheu tl1e time for appeal i , if I may properly ask that question, if it was not necel_sary has expired or appeal has been refu ed, are certified by the in the former bill to provide l1ow the United States should be auditors or the Court of Claims, or whoever has charge of the notified why it is necessary in thi bill? matter, to the House of Representatives, and are included as a l\Ir. KELLY of Pennsylvania. I do not think it nece. sary at matter of course in the general deficiency bill. It seems to me all, Mr. Speaker, but this is the House form, and we endeavored that that is the better practice on the \Yhole. to make the House form comply substantially with the Senate 1\Ir. KELLY of Pennsylnmia. I am inclined to agree with form as they send bills to us ft•om over there. the gentleman that that is the better practice, but I may ay · l\'h·. l\IANN of Illinois. It is better practice, if the House has that the Committee on Claims ha.s pas. ed out a number of a form and the Senate has a form, for the committees to get bills providing that a certification from the court shall mean together and have the same form, because it is ridiculous for the payment of the claim, just us it is carried in this section 2. House to pass a Senate bill in one form and say that is sufficient Mr. MANN of Illinois. I lmow it has sometimes b~en done and then insist that a bill in the House shall be amended accord· and sometimes it has been refused to be done. I think it would ing to the Hou e form in ordet· to make it sufficient. It is not be just as wise for the Committee on Claims to adopt the policy, nece sary to amend one in order to make its form different. I wherever we authorize a suit to be brought, to provide for the have no objection to the amendment. I know the proposition payment of the judgment outside of the bill. The advantage of has been in many bills, but if this amendment is necessary, it that is that where the Committee on Appropriations brings in ought to have been in the other bills that were passed. If it is a deficiency bill providing for the payment of judgments and not necessary in the other bills, it is just wa ting time to pass it other things it is easy to ascertain the amount of money appro- ­ -in this bilL printed. On these special bill the clerks of the House and the 1920. C0~1 GRESSIONAL RECORD-HOUHE. 5121~

Senate haYe to go over the e bills and drag out and :figure out l\Ir; McKEOWN. I will withdraw the objection· if the gentle· the amount of the appropriation without any notice being given man· wants- to pass it over-. to the Committee on .Appropriations at all; and while they do The SPEAKER pro tempore. If there is no objection·, the bill that as to private clnims it is rather a difficult thing to eaten will be· passed over without prejudice. up with all these bills submitting claims to the Court of Claims There was no objection. is and we never know how much money paid for- these judg­ THE WILLIA.?.r GORDON CORPORA.TIOW. ments; that is, we have no record of it in our record·, and we ought to have a record of all the appropriations_that are not The next business on the Private Calendar was the bill (H. n. permanent appropriations. 12281) for the relief of the William Gordon Corporation. . Mr. KELLY of Pennsylvania. The suggestion of the gentle­ The Clerk read the title of the bill. _ Mr. GLTh~. Mr. Speaker, I ask unanimous consent tha.t this man is a valuable one~ and, as far as I am concerned,. :r propose to bring that to the attention of the Committ~ on Claims in bill be passed over. the future. However, we have passed three bills in this- form The SPEAKER pro tempore. The gentleman from Connecticut now, and if this one goes_through I believe the Committee on asks unanimous consent that the bill be pa..~~ over without Claims will adopt the suggestion of the gentleman from Illinois prejudice. Is there objection? on this matter. There was no objection. The SPEAKER. The question is on agreeing to the amend­ CERTAIN LA.h'l>OWNERS O!i' NEW CASTLE COUNTY, DEL. ment. The next business on the Private Calendar was the bill (H. R. I The question being taken, the amendment was rejected. 11834) for the relief of certain landowners of New Castle County, The SPEAKER. The question is on the_ committee amend- in the State of Delaware. ment to strike out section 3. · The Clerk read the title of the bill. The amendment was- agreed to. The SREAKER pro tempore. Is there· objection 1 The SPEAKER. The ques-tion is on the engrossment and Mr. LAYTON. Mr. Speaker, I ask unanimous consent that the third reading of the bill. bill be passed over without prejudice, with a view to eventually The bill was- ordered to be engrossed and read a third time-, striking it entirely from the calendar; because the Secretary of and was accordingly read the. third time, and passed. War bas determined' by an official decision to pay this claim. If By unanimous consent, the title was amended to read: "A that is done, there will be no need for this legislation.\ but I bill for the relief of the Merritt & Chapman Derrick & Wreck• want to retain the bill upon the calendar until the claim IS paid. ing Co." The SPEAKER pro tempore. The gentleman from Delaware On motion of lli. CLEARY, a motion to reconsider the vo~ by asks unanimous consent that this bill be- pa sed over without which the bill was passed was laid. on the table. prejudice. Is there objection? JOHN E. M:OOBE' CO. There was no obiection. The next business on the Private Calendal.' was the bill (H. R. CA'l:HERIN.A: REA, ..AD~ISTRATRIX. . 11572) for the relief of the J ahn R Moore Co. The next business on the Private Calendar was- the bill The SPEAKER. Is there objection? , _ (H. R. 9048) for the relieL of Catherinn.. Rea, administratrix Mr. 'V.A.LSH. Mr. Speaker, this is another one of these ad­ of the estate of John Rea. miralty cases, seeking_ to send a _claim to .the admiralty court, The- Clerk read the title of the bill. but the facts in this case seem to be so clear that I do.not think The SPEAKER pro tempore. Is there objection to the present we ought to cumber up the docket of the admiralty· court. As consideration of this bill? I understand the facts, .this tugQoat ran into a sunken wreck l\Ir. GARD. Reserving the right to object, it seems. from which had been properly buoyed. Warning had been given. the information. I am able to derive- from the report, that these The tugboat had gone down by the wreck, and in coming back distilled spirits are claimed to have been used in ho pital ~ grazed the marking buoy and punctured its hull and a little emergency treatment at tile time of the disasten in San Fran­ liter sunk. It would seem to me that the captain. of the- craft cisco caused by the great fire. I believe these distilled spirits was not exercising sufficient care. were taken by the relief and. Red Cross organizations, and a 1\Ir. GA.RD. Will the gentleman yield? bill was presented for the value of the brandy, and payment Mr. WALSH. I yield. refused. I am therefore wondering why it is that the bill now 1\fr. GARD. In th~ gentlemarrs opinion, is it not better to comes in the form. that it does. have the question of responsibility determined in a proper court Mr. HIDRSJ\1AN. Will the gentleman yield? than to have the possibility of this claim. coming. in here at some 1\fr. GARD. Yes. later time? The reason I say that is that I notice in. the report Mr. HERSMAN. Before John Rea died I knew him ¥erV of the Secretary of the Navy it is stated that- well and I knew all the circumstances. I knew' of his financial While the record indicates. that the Navy is in no way liable for the condition. Th.is is- not a bill to secure payment for the brandy. damages sustajned by the tug E. M. Millard on August 81 19191 never­ n is simply a bill to reimburse the estate of 1\Ir. Rea for theless it is believed that the John E. Moore Co., the owner, is entitled $173.50'- fo~ tire· Government stamps- on the brandy. to have its claim judicially determined, and as H. R. 11572, a copy of which you inclosed with your lett-er, has. for its sole purpose the au­ Mr GARD. I understand that; but his claim was that the thorization of the owner of the B. M. Millat•d. to sue in a. district court, brandy was taken by the relief workers at the time of the fire. it is respectfully recommended that the bill. receive favorable attention Mr. HERSMAN. All the testimony shows that tlie brandy by the Committee on Claims. was taken. by Government officials or State officials at that . And he recommends the nassage of the bilL time. Mr. \VALSH. · The gentleman is aware of tile fact that that Mr. GA.RD. If it was so taken and used in hospital emergency belief is very prevalent down. in the departments, particularly treatment, why· was not the bill paid, including the amount of in the Navy Department, with respect to nearly any kind of a the stamp tax.? Why was not the bill paid by the relief com. claim that results from a collision with a craft belonging to the mission that used this brandy? Navy Department or arising out of any circumstances in which Mr. HERSMAN. The only testimony here as to why it was naval craft are at all concerned. But here is a case in which it not paid is contained on page 3 of the report. would seem to me that referring it to- the court would simply Mr. KELLY of Pennsylvania. In the tatement of 1\ir. result in finding what the department has set forth. There is Charles J. O'Connor. no claim, as I understand it, that there are any other circum­ Mr. HERSMAN. He states that the committee refu ed to stances connected with the case. pay the claim because it wa the policy of the Red Cross and Mr. McKEOWN. Will the gentleman yield? the relief association in San Francisco not to pay for con­ Mr. \VALSH. Yes. fiscated liquor. Therefore they refused to pay the claim. Mr. ?!icKEOWN. Ar• there any facts in the record which will Mr. GARD. It appears that claim was made to the board of justify a court to investigate the case? Is there sufficient on its directors for the release of Red Cross funds for the payment face to make a prima facie case? of this brandy for the amount of the stamp taxes paid by him Mr. W ALSR. There does not appear to be. on three· barrels, and it was refused: He has not only lost the The SPEAKER pro tempore (MT. SANFORD). Is there objec­ brandy, but has been required to pay the tax. tion to the present consideration. of the bill? Mr. KELLY of Pennsylvania. The fact of the matter is the Mr. McKEOWN. Mr. Speaker, I object. - · bill was presented in due form to the Red Cross and later to Mr. llicCRATE. Mr. Speaker, •r ask unanimous consent that the· relief association on the ground that the association should tbis bill be·passed over until the Member returns who has it. in pay fon the confiscated liquor whicl~ had been used during the charge--- earthquake. He presented his clain:L in a proper way, but it was Mr. WALSH~. You can not pass it over. in that way. lhave no refused; but now he only asks the payment of the tax a.ntl not objection to tbe bill going over.. for the loss of the brandy_. 5122 CONGRESSIONAL RECORD-HOUSE. APRIL 1,

Mr. GARD. The point I make is this: If the gentleman's the principal of said certificates .of indebtedness of the United States of America in such form .and with ·uch sureties as may be acceptabl~ claim is correct-and I assume that it is correct for the purpose to the frecretary o! the Treasury to indemnify and save harmless the of the statement-instead of presenting his claim to the Govern· United States from auy loss on account of the said certificates of ment for the relief of ·the amount of the stamp tax paid,' why indebtedness hereinbefore described-which were lost, stolen, or destroyed. should he not have an action against the relief committee not With the following committee amendment: only for the stamps put on the brandy but for the brandy which Strike out lines 4 to 12, inclusive, of page 1, and lines 1 to 3, to the wa · taken and used by the relief committee during the earth· word "destroyed," inclusive, page 2, and insert the following : " au­ thorized and directed to redeem certificates of indebtedness of the quake? . . United States of America, Nos. 14978 and 14979, each of the denomi­ Mr. KELLY of Pennsylvania. The gentleman realizes that nation of $5,000 and each of the issue dated A~;>ril 10. 1919, and matur­ it is a difficult matter to institute a suit against the relief com· ing September 9, 1919, with interest from April 10, 1919, t6 September 9, 1919, in favor of the Woodford Bank & Trust Co., of Versaille.!, Ky., mittee, which was a relief organization formed to meet such an without presentation of the certificates, the said certificates of indebted­ emergency as existed during the earthquake disaster. The Red ness having been ,lost, stolen, or destroyed." Cros turned over the matters to the relief association, and that · The committee amendment was agreed -to. relief association has since gone out of existence and wound up The bill as amended was ordered to be engrossed and reuu the its affairs. third time, was read the third time, and passed. Mr. l\IcKII\"'IRY. · If the gentleman will yield, I want to say On motion of Mr. CANTRILL, a motion to reconsider the vote that the emergency committee wound up its affairs several years whereby the bill was passed was laid on the table. ago and has gone out of existence. · l\lr. GARD. I presume it has; that is why I am making the C. V. HINKLE. inquit·y. "\"Vhy should not the relief committee, which acted dur· The next business on the Private Calenuar was the bill (H. It. ing the emergency, which used this brandy for hospital treat· 4184) for the relief of C. V. Hinkle. ment, why should it not be responsible for the payment of it? The SPEAKER pro tempore. Is there objection? :t: as ume that that committee did a great many things that relief Mr. GARD. Reserving the right to object, this bill for the committees do in a time of great emergency. relief of C. V. Hinkle, from the statement of facts as I read it, l\Ir. McKThTJ.RY. The logic underlying the claim against the is a very unfortunate one, where a man was accused of a crime, Government is that the stamps were put on the barrels to get suspended by the post-office authorities, and as soon as it was them in a warehouse. The stamps having been placed on the discovered he was not guilty he was reinstated. The pre ent liquor: neither the Government nor the owner ever received the bill provides for a partial compliance with his request in the benefit of the purposes for which the spirits were intended. letter of February 7, 1920, that he be accorded compensation for l\1r. GARD. The spirits were used by these people in hospital all the time of his suspension. treatment. I can not understand why, having bad the benefit Mr. BEE. Mr. Speaker, I will say to the gentleman from of it, they did not pay the man for his brandy. I have no objec· Ohio that, as I understand his case, this man was a clerk in the tion to the consideration of the bill except it seems to me that post office in the town of Conway, Ark., at $1,000 a year. In the man is entitled to more than the amount of the stamp tax. March. 1913, a series of post-office thefts from the registered l\lr. KELLY of Pennsylvania. He has waived all of his claim mail were occurring in that post office. He was suspected, and to anything except to the amount of the stamps. under a report of an inspector in June, 1913, he wa& dismL sed l\h:. BLANTON. l\ir. Speaker, reserving the right to object, from the service because of this charge_that was filed against I understand from the gentleman from Penp.sylvania that this him. He remained out of the service from March, 1913, until brandy was used in an emergency for relief purposes. · September, 1915. In September, 1915, the assistant postmaster l\It·. KELLY of Pennsylvania. During the San Francisco confessed that be was guilty with reference to the identical earthquake. registered matter that this man had been accused. ~f stealing and l\11·. BL.WTON. And the Government required the payment discharged for taking. Immediately upon that discovery of of tlle stamp tax. This Congress is asked not to pay for any por· the guilt of the assistant postmaster, now confined to the tion of the value of the brandy, but merely for the amount of the penitentiary, having plead guilty to the charge, the young m, stamp tax which the Government has received and upon which was reinstated to his original position, which he had been let the owner has received no value? out of on June, 1913, and which he had been out of untill\-farch, l\Ir. KELLY of Pennsylvania. Yes; it is a tax on property 1915. It was the judgment of the committee that under the cir· that was taken from· him. cumstances the Government of the United States ought not to The SPEAKER pro tempore. Is there objection to t11e con· carry the ptmishment of this man to the extent of financial dep­ sitleration of the bill? rivation any more than could be helped. There was no objection. In other words, if this had been an. individual or corporation The bill was rend, as foll.ows: that had under similar circumstances discharged this man, anti Be i t enacted, etc., That the Se~retary of th~ '!'reasu~y be, and he is subsequently it had appeared that another man in the same hereby, directed to pay to Catherllla R~a, admirustrat~u. of the estate of John Rea, . deceased, owner of the Gilroy )Vinery D1sh!lery Co., t~e establishment had committed the offense with which this man sum of $173.50 which sum is hereby appropriated out of any money m was charged, and he had plead guilty to it, then this man Hinkle the Treasury ~ot otherwise appropriated, being stamp tax on three would have bad a. suit for damages against this corporation barrels of fruit spirits, packages 624 to 626, inclusive, which whil~ in tran. it under bond from said distillery to «?De. of the sp~cial . bonded much greater than the little compensation that is awarded to him warehouses of the first internal revenue district of Califorma, was now. 'l'hat is the view of the committee. seized by United States authorities at the Southern Pacific de\)Ot on or l\Ir GARD. How would he have a suit for damages'? If a about April 20 1906, for the relief committee for use in hospital work at the time of the San Francisco earthquake, and for the value of man ~vorked for me and I su ·pected him of stealin(7 from me and which spirits the owner has never been paid. the fact was he was not guilty but I suspecte~ him of it and I The SPEAKER pro tempore. The question now is on the dischargExt him 6nd then I discovered that he was not in fact engrossment and third reading of the bill. guilty at all, he could not have any action for damages again t The bill was ordered to be engrossed and read a third time, me because I discharged him. wa read the third time, and passed. Mr. BEE. He may not have an action again t you except there On motion of l\Ir. GLYNN, a motion to reconsider the vote has been false imprisonment or an affidavit-- whereby the bill was passed was laid on the table. · . l\fr. GARD. But there was no imprisonment. 1.\Ir. BEE. I know. Now, this man was not in a position to WOODFORD BANK & TRUST CO. protect himself again t the inspector upon whose su picion he The next business on the Private Calendar was the bill (H. R. was subsequently discharged. · 11030) for the relief of the Woodford Bank & Trust Co., of l\fr. GARD. I understand that he wns suspended and then Ver ailles, Ky. upon further inYestigation the as istant po tmaster finally · The SPEAKER pro tempore. Is there objection to the con· made a confession that be had rifled the mails and therefore siderntion of the bill? the Government immediately reinstated him to his same posi­ There was no objection. tion, but instead of getting $1,000, which he got in September, The bill was read, as follows:. 1015, he gets $1,400. Be it e11actet1, etc., That the Secretary of the Treasut·y be, and he is l\Ir. BEE. Let me say to the gentleman from Ohio they re· hereby authorized aud directed to issue two certificates of indebtedness of the 'United States of America with interest from April 10, 1919, to instated him at $1,000 but he was promoted to $1,400. Now, September 9 1919, in fayor of the Woodford Bank & Trust Co., a State if the gentleman will pe~·mit, it was the judgment of the com~ bankin~ corporation of Ver ·ames, Ky., in lieu of two certificates of mittee under the circumstances that injury had been done indebtedness of the United States of America, Nos. 14978 and 14979, an r(' p('ctively, each bearing date of April 10, 1919, each calling for this young man: There ·is the que tion of disgrace. He had $G 000 series 5 .J, and each maturing September 9, 1919, the said cer­ lived in the community under this suspicion for over two tificate of indebtedness of the United States of America having been years, h~d gone a~out for days and weeks and months, as wil~ lo t s tolen, or destroyed: Prodded, Tha.t the said Woodford Bank & Trus t Co .. of Versailles, Ky .. shall first file in the Treasury Department fie substantiated by the gentleman from Arka~sas, the author. of tbe l lnited State a bonti in the penal sum of double the amount of of the bill, and it was impossible for him to support himself I

1920. CONGRESSIONAL RECORD-HOUSE. 5123

nnd his family adequately. The claim was reduced from denc~ was suspended without pay on April 19, 1913, and removed from $2,400, the actual salary to which he was entitled, to $1,300. the service June 281 1913. It was afterwards found that the depreda­ Mr. GARD. The committee followed the ,. sual estimate of !ions were committed by the a11sistant postmaster, who confessed and • '-1 rs now serving a term in the penitentiary. Under an Executive order payment. They found ·he was practically entitled to this Mr. Hinkle was reinstated to his former po ilion as clerk at $1,000 orl amount and· they set off against that the amount of· money September 15, 1915, and is at present receiving a salar:t- or $1,400. which he earned. fer~~j fo~partment does not recommend the enactment of the bill re- 1\Ir. BEE. Leaving him $1,300. I hope the gentleman from Sincerely, yours, J. c. KooNs, - Ohio will. not objed to this bill. Let me say to the gentleman Acting Postmaster General. · from Ohio, and I know this appeal I make will not be upon _ The SPEAKER pro tempore. Is there objection? [After a barren ground, that we have passed bills here to reimburse. pause.] The Chair hears none, and the Clerk will read the bill these great shipping concerns in the· amount of hundreds of for amendment. · thousands of dollars and other bills of that character, and The Clerk read as follows: here is a meritorious claim for a young man, unjustly accused Be it enacted, etc., That the Secretary of the Treasury be, and he is by officers of the United States Government,_ under disgrace hereby authorized and directed to pay, out of any money in the Treas­ . in hi own community where he bas alwavs lived, and all that ury not otherwise appropriated1 to C. v. Hinkle, late clerk in post J office. Conway, Ark., the sum or $2,408.33, the same being for salary he asks in return is now to be reimbursed what he actually for 29 months, at the rate of $1,000 per annum, the period during lo t during that• time, and I hope the gentleman from Ohio which he was dismissed from duty as said post-office clerk, upon chat·ges will not object. preferred, which charges were found untrue, and by executive order he, 1\I. r. GARD. He asked that !>ll the money be !Tiven. the said C. V. Hinkle, was reinstated, it being .found that the real .,. t>• culprit was not the said C. V. Hinkle, but another person, who is now Mr. BEE. Certainly. He asked for the amount of his salary. serving. a Federal penitentiary term. 1\Ir. GARD. What I would like to have the gentleman in- The committee amendment was read, as follows: form me, and probably the gentleman is a member of the com- Page 1, line 6, strike out the figures "$2,408.33" and insert in lieu mittee that has charge of the bill, and can, did the Assistant thereof the figures "$1,308.33." Postmaster General give any reason for not recommending the The question was taken, and the amendment was agreed to. enactment of the bill, because he particularly states in his letter The bill as amended was ordered to be engrossed and rend a that the department -does not recommend the enactment of ·the third time, was read the third time, and passed. bill to which reference is made? On motion of Mr. JACOWAY, a motion to reconsider the vote 1\Ir. BEE. I will state to the gentleman from Ohio my un- by which the bill was passed was laid on the table. derstanding is that he was not adverse to the bill, but it was !!BS. ANNIE M. LEPLEY. because the Post Office Department did not want to be in a position of making a recommendaiton favorably to this char­ The next business in order on the Private Calendar was the acter of legislation, not that the Post Office Department was bill (H. R. 1321) for the relief of 1\Irs. Annie l\1. Lepley, as opposed to the bill. That is my understanding of the report postmaster at· Plymouth, Amador County, Calif., for money, of the Assistant Postmaster General. postal money orders, and postage stamps stolen. 1\lr. JACOWAY. Mr. Speaker, I .am the author of the bill, and The Clerk read the title of the bill. . the tatement made by the gentleman from Texas states the po­ The SPEAKER pro tempore. Is there objection to the present sition of the Post Office Department accurately, as I understand consideration of the bill? ' it. I want to state to the committee that I know Mr. C. V. Mr. ·wALSH. l\1r. Speaker, reserving the right to object, this Hinkle. For a period of time the mail at the Conway post office, is another one of these cases for loss of postage stamps and Arkansas, had been rifled, and be was under suspicion, and a post­ money taken from a safe in a post office, involving some $2,055. office inspector was detailed to make an investigation and report The safe was not locked, and the inner door was left unlocked. to the Post Office Department. He did so, and upon that report The department does not file a letter recommending this legis­ this man Hinkle was discharged from the service of the Gov­ lation, and I do not think it is in line with the precedents es­ ernment. But later on it was found that he was not the real tablished here to pass this kind of a bill. culprit, and afterwards another man confessed to it, plead l\Ir. RAKER. Will the gentleman yield? guilty to the theft, and is now serving a term in the peniten­ Mr. WALSH. Yes; I will yield to the gentleman from Cali­ tim·y. I also want to state that this matter was brought to the fornia. attention of the President, and by Executive order Mr. Hinkle l\Ir. ;RAKER. If the House will give me just a few momen~ was reinstated to his former position at the same salary. During I would like to briefly explain the case. It will· take but a the time that he was under suspicion this man went about the short time. This is a claim by a widow, Annie M. Lepley, who little city of Conway with the name of a thief branded upon him, has one daughter, which daughter has been her assistant, a girl a · I am informed. It was almost impossible for him to get work about 20 years of age. They live at the town of Plymouth in anywhere. He wrote and stated to me he wanted to clear his California, a mining town. Shortly after this burglary I hap­ name of this odium, and day in and day out and week in .and pened to be in that part of the country and visited the store, week out he sought to do so. Finally another inspector found and the business men and bankers, and others, and looked 0\~e L' out who was the real culprit. It was difficult for him to get the situation, and also the record that · has been presented to work in that city sufficient to support himself and his family. I the Post Office Department. The record shows that the door to wish also to present the report of the Claims Committee, which the store, as in these vririous small towns, was locked with a reported this bill, which gives the history of the matter in a pad!o~k. That door was broken up. The money was in tbe clear and concise report. I quote the report, omitting the burglar-proof part of the safe. The mother testifies, and the caption. · daughter, the assistant postmaster, that she that night left the 'l'he Committee on Claims, to whom was referred the bill (H. R. store something after 9 o'clock; that she locked the inner 4184) for the relief of C. V. Hinkle, having considered the same, report door, the burglar-proof \ault; that she shut the day door, which thereon with a recommendation that it do pass with the following amend­ locked with a key, and locked the outer door of the safe, and . ment : In line 6, strike out the figures " $2,408.33 " and insert in lieu thereof " $1,308.33." turned the combination. At about 1.05 a. m. on 1\Iarch 13, 1915, sTATEMENT OF F.iCTS. this bm·glary occurred. Upon investigation in the morning, or While the claimant, c. V. Hinkle, was a clerk in the Conway (Ark.) that night, it disclosed the implements which the burglars used, post office, at a salary of $1,000, he was suspected of rifling registered various tools an'd sacks of all kinds, and other things. And as mail, and on circumstantial evidence was suspended without pay on the burglars left -the store the night ,v·atchmen shot at them, .April 19, 1913, and removed from the s~rvice June 28, 1913. It was afterwards found that the steallngs were made by the assistant post- but they were unable to catch them. She immediately reporte1l master, who confessed, and is now serving a term in the penitentiary. the matter to an inspector, who made an examination of th . Under an Executive order Mr. Hinkle was reinstated in his former position of clerk at $1,000 on September 15, 1915. The salary loss is case, which shows clearly that the facts here in the department the amount carried by the bill, but as the claimant had been earning are so favorable to this lady's case that she is the present post­ $50 per month for 22 months, totaling $1,100, it is recommended that master, and bas been to the present time, and be~daughter is this amount be deducted from the sum named in the bilL · .Attached hereto is a letter from the Post Office Department, to- assistant postmaster, and that she has not paid this money to gether with a communication of the claimant, both of which are made the department. And all we ask in this bill is a credit on her a part of this report : PosT OFFicE DEP.A.n.nrmNT,· account b y reason o f th e b urug1a ry. OFFicE oF THE PosTMAsTER GENERAL, In regard to the recommendation, I have looked OYer every- Washington, D. C., OctQber ~ •. 1919. thing I can find, and the same recommendation is presented here Hon.o~!?r~:n'&o,~!:i~:C0!~ Claims, House of Representatives. as in all other bills. Now, just one word. On the 19th of De- MY DEAn. Ma. EDMONDS: With reference to your communication of the cember, 1919, this House U?animously passed a bill. for l\Ir. ~2d instant, req~esting an opinion as to the merits of a bill (H. R; F. M. Barfield, and that case I have before me. It IS not as 418aid safe. Th~ first impression of the postmaster was that the safe had been opened by The SPEAKER pro tempore. Objection is heard. working the combination. The postmaster stated to the inspector he ADJOURNMENT OVER UNTIL MONDAY NEXT. believed that he had locked the safe on the night before the burg~y, but was not positive enough to make affidavit to that etl'ect. He re­ Mr. M:ONDELL. Mr. Speaker, I ask unanimous consent that called several occasions on which he had failed to lock the safe from when the House adjourns thls evening it adjourn until l\fonday the fact that he had found it open in the morning when he arrived at the office. It apJ)ears further that the postmaster purchased this safe next 1 at second hand, and that he never changed the combination of -the lock The SPEAKER pro tempore. The gentleman from Wyoming as required by section 356 of the Postal Laws and Regulations of 1902, asks unanimous consent that when the House adjourns this which reads as follows: " 5. A postmaster upon taking charge of his offi..ce shall immediately evening it adjourn until Monday next. Is there objection? ·change the combination on every safe then~in; and where at any time a There was no objection. safe is procured, either new or secondhand, he shall immediately change The SPE.AKER pro tempore. The Clerk will report the next the combination. Failure to make such change shall be considered as prima facie evidence of contributory negligence on the part of the post­ bill. . master in any case where claim is made for credit for money or other PERRY L. H.A YNES. ' property stolen from such safes which have been open~d without resort to violence." The next business in order on the Private Calendar was the The postmaster's failure to change the combination of his safe was bill (H. R. 1309) for the relief of Perry L. Haynes. considered negligence within the meaning of the statute cited, and for The title of the bill was read. that reason, together with his inability t~ certify definitely that the safe had been locked, his claim was disallowed under date of Jannary 18, 1910. The SPEAKER pro tempore. Is there objection? Under date of February 21, 1914, the solicitor for this department 1\Ir. GARD. Reserving the right to object, I will be glad to forwarded to Hon. H. D. STEPHENS, House of Representatives, copies have the further word of the gentleman from Connecticut [Mr. of all material papers relating to this claim for nse in the consideration of the bill (H. R. 63~8) then pending before Congress for the relief of MElmrTT], who probably knows about the case. From a reading this claimant. of the report it seems to me that there is a great deal of doubt The evidenc~ in this case appears to establish conclusively that the as to whether the man who had charge of this money, Second postmaster actually sustained the loss described and that the stolen property was rightfully in his possession at the time o! the burglary. · Lieut. Perry L. Haynes, was not guilty of Vel'Y considerable However, under the law the Postmaster General llad no authority to negli_gence, to use a mild expression, in turning over the money allow this claim. No new evidence has been received by the depart­ man did I ment since the settlement of this claim which would• justify the allow­ to the character of that he turn it over to; and also ance thereof. The matter of extending to this postmaster the relief would ask the gentleman for infor.m.a.tion especially with re­ contemplated in the bill is therefore left to the discretion of Congress. gard to the testimony of l\Iate Beebe, Charles J. Beebe, as ap­ Yours, very truly, pears on page 6 of the report, wherein Beebe states-and that A. S. BcnLESON, PoBtmaster Gen~raZ. is the man on whom it is now proposed to put the responsibil­ Then he recites the postal statutes: . ity-that he turned over the package to the provost at Fort 5. A postmaster upon taking charge of his office shall immediately Wright, and this provost's name was Rasey, although I believe chan~e the c

dence, as far as I can get it, aft~r it left the hands of Lieut. On motion of 1\ir. MERRITT, a motion to reconsider the vote Haynes and passed into the hands of Beebe, as to what rea­ by which the bill was passed was laid on the table. sonably became of the money contained in this particular letter The SPEAKER pro tempore. The Clerk will report the next package. Can the gentleman from Connecticut inform me on bm · that? GEORGE \\'. G-\.MBLE. \-rill Mi·. MERRITT. I think if the gentleman read the testi· The next business on the Private Calendar was the IJill (H. R. mon y and also tile finding of the court, he will find that Beebe 1288) for the relief of George W. Gamble. receipted for these three envelopes. The Clerk read the title of the bill. Mr. GARD. Yes; I know he did. · The SPEAKER pro tempore. Is there objection? :Mr. MERRITT. .And he deli,·ered two of them, and the third, Mr. l\lcKEOWN. Reserring the right to object, is this an­ containing the money, he did not deliver. That is clearly set other post-office case where there was a burglary? forth. It is also shown by the testimony that Lieut. Hayne · was l\lr. KELLY of Pennsylrallia. This is tile case of the clerk doing exactly what the orders called for, and exactly what had of the circuit court for Rock Island County, Ill., who has charge been done since 1915. That is sho\m at the top of page 14, and of the naturalization fee , to reimburse him for $43.50, because is also shown by the finding of the board, which states: his office was burglarized and the money taken. ( 1) By following the custom in vogue of transferring public funds derived from sales of Quartermaster Department from Fort Terry, _N.Y., l\lr. McKEO\\'N. Is there any question of negligence ari • in~ to Fort H. G. Wright, N. Y., Lieut. Perry L. Haynes, .Coast Artillery, from the care and custody of the money? National Guard, on the p. m. of December 29, 1917, turned over to the 1\Ir. KELLY of Pennsylvania. Not the slightest. It ...was wharfinger, Corpl. Dougood, at Fort Terry, to be transferred to. the quartermaster coast defenses of Long Island Sound, Fort H. G. Wng~t, properly locked up on the third floor of tile courthouse. The N. Y., a sealed envelope containing $855.75 in currency and $591.4.~ 1r: office was burglarized and tl1e money taken. checks. This envelope, in good condition, was entered on the m.amfes~ Mr. RAKER. Of course, it makes a difference if a strong, by Corp!, Dougood, but was manifested ·for New London, Conn., ~nstead of for Fort H. G. Wright, N.Y. The envelope was tu!ned over.m g~od able-bodied man's money is taken, but when they burglarize a condition tl) Mate Charles J. Beebe, of the steamer Ttmothy Prckenng, safe and take a widow's money you do not allow her anything. and his attention called to the fact that it was intended for the qunrter­ l\lr. WALSH. 'Vas it the widow's money? master at Fort Wright; that Mate Beebe failed tc:> deliver said. envelol?e containing $1,447.17 to the wharfinger at Fort Wnght; that neither said 1\lr. RAKER. I do not quite get the gentleman. envelope nor its contents. $1,44:7.17, have been. founu; that two. other l\lr. \Y ALSH. The gentleman is malting a statement about envelopes containing $22.59 and $144.57, respechvely, were also delivered burglarizing a snfe and taking n \Yido"·'s money. to Corpl. Dougood at the same time and by him delivered to Mate Beebe; that Mate Beehe did deliyer said Qther two envelopes to the wharfinger l\Ir. RAKER. Yes. at Fort Wright. l\lr. W.ALSH. Was it her money? (2) That payment on the checks contained in the lost enevlope was 1\Ir. RAKER. I think the gentleman heard what I saiu. stopped by telegraphic instructions from Lieut. Ha;rnes. · (3) The responsibility for the less of this envelope was due to care­ Mr. WALSH. The gentleman states that it was tile \Vidow's lessness on the part of Mate Beebe, either in receipting for an env~:>lope money that was stolen. that he did not receive or else in failing to take proper care of what he Mr·. RAKER I think my statement is in the RECORD. I can actually dld receive. repeat it. So that as far as Lieut. Haynes is concerned he did exactly Mr. WALSH. The gentleman ought to state the facts. what custom required to be done in the case. Lieut. Haynes was 1\lr. RAKER. I can repeat ruy statement. a member of the Coast .Artillery of the National Guard, and he 1\lr. WALSH. The gentleman is not stating tile facts, as simpl v followed the custom which had been handed down to him usual. by the Army man who handed over to him the matters he had l\Ir. RAKER. I think I made my statement very clearly­ cilarO'e of when he came to the post. He followed instructions. that it would seem to make a distinction whether it was the Mt~ GARD. I notice on page 15 that, wilen observing Beebe money of a ..:trong man or the money of a widow. on the witness stand, they found he was too old to have the care 1\lr. \VALSH. I ask for the regular order. of Goyernment funds, or to be required to assume the responsi­ The SPEAKER pro tempore. The regular ortler is, is there IJility. objection? 1\Ir. MERRITT. He did not gi-,e the enyelope to Beebe. He · Mr. RAKER. I object. gave it to Dougood. Of course, he had no control oyer the age Mr. l\1A.cCRATE. I hope the gentleman will not object to tlli • of Beebe, and Lieut. Haynes was not responsible for Beebe's It is a very me1·itorious case. beinO' there. My opinion is that Lieut. Haynes observed all rea­ Mr. RAKER. I want to explain the situation, that is all. I sonable care in accordance with the orders and in accordance will not object if I may have a right to find out the facts about with custom: I do not think he should be held responsible for this case. the personnel on the boat. Mr. KELLY of Pennsylvania. I hope the gentleman will not 1\Ir. G.ARD. 'Vas there any inquiry as to Beebe except the objec1. Thi is a bill which ought justly to be paid. limited reference here as to his-as to the location of the Mr. WALSH. Mr. Speaker, I hRre asked for the regular package? order. I will not permit the gentleman from California to siled Mr. :MERRITT. It did not seem to me that that was im­ a few more tears over his case. portant as far as Lieut. Haynes's responsibility is concerned. l\1r. RAKER. That statement is wholly unjustified and, of l\1r. G.ARD. It is quite important, because if the money is course, is not a fact. I trust the gentleman when he revises returned or recovered there would be no likelihood that the his speech will make his remarks conform to the facts. monev would be returned, and there would be no liability on The SPEAKER pro tempore. Is there objection? the part of J,ieut. Haynes or compensatory action on behalf Mr. RAKER. I object, 1\Ir. Speaker, if I can not secure the of the Government. right to have the bill explained. l\Ir. MERRITT. The evidence shows that the package was The SPEAKER pro tempore. The gentleman from California stolen on the way from Fort Wright to Fort Terry, or from objects. The Clerk ''ill report the next bill Fort Terry to Fort Wright, whichever it wns. 1\Ir. PARRISH. Reserving the right to object, is there any­ WILHELM A.LEXA!\DERSO~. thing in the record showing that the money was receipted for The next busines ·on the Prirate Calendar \vas the bill (H. R. when Lieut. Haynes turned it over to the party to whom he 12634) for the relief of Wilhelm .Alexandei:son. delivered it? The Clerk read the title of the bill. Mr. MERRITT. It was receipted for. The SPEAKER pro tempore. Is there objection? Mr. PARRISH. Is there something to show tltat? Mr. P .ARRISH. Resening the right to object, I should like • Mr. l\!ERRITT. Yes; clearly. to ask the gentleman in charge of thi\3 bill if he can giYe the The SPE.illER pro tempore. Is there objection? House any idea as to how many more of these bills of this There was no objection. character we may expect? On the last day on which pri,·ate The SPEAKER pro tempore. The Clerk will read tile bill bills were considered we had a number of these bills, and tilis for amendment. makes the third of this character that we have had to-day. Is The Clerk read as follows: th~re no wny by which the Government can be relieved from Be it enacted., etc., That the Secretary of the Trea. ury be, and he is the e lawsuits and this liability at the port of New York? herebv, authorized and directed to reimburse Second Lieut. Perry L. 1\fr. KELLY of Pennsylvania. In answer to that question I Haynes, Coast Artillery Corps, National Guard, in the sum of $8{)5.75, which amount represents funds belonging to the Government of the will say that the Committee on Claims has not reported out any United States for which he was held accountable and which were lost bill_;; of this hind unless the department has stated that the through no fault of his. matter should be referred to the court. Now, there is a general The SPEAKER pro tempor_e. The que tion is on the engross­ law. providing that the Nnvy D~partment may settle losses up m~nt and third reading of the bill. to a limited amount, about $500, and they are settling hundreds The bill was ordered to be engt·os ed and· read a tllird time, 6f cases of this kind. was ·rend the third time, and passed. • 1\Ir. PARUISH. Yes; I am aware of that. 5126 CO.L~GRESSIO~J::AL RECORD-· HOUSE.. .APRIL 1,

fr. KELLY of Pennsylvania. The Committee on .qlaims Tlie SPEAKER pro tempore. The Clerk "·ill repo~t the bill. would like very much to be relieved of the responsibility of The-Clerk read the. bHl, as follows: handlino- these numerous claim , but in the absence of a general A bill (H. R. 1288) for the reUef of George W. Gamble. law it becomes absolutely' necessary for each case to be consid­ Be it enacted, etc., That the Secretnry ol the. Treasury be, and he ered on its merits. This is the last bill of the kind on the is hereby, authorized to pay, out of any ruoney in the Treasury not calendar now, and, as far as I know, the last case now before otherwise appropriated, the sum of $45.50 to Geor ~; e W. Gamble clerk of the circuit comt in and for the county of Rock Island, m1 the the committee, although there will be others in tile future. State of Tilinois, which sum was lost through the burglarizing of his Mr. PARRISH. I do not object office. 1\Ir. McKEOWN. I think there is a gvod deal in what the The SPR.illER pro tempore. Is there objection? O"entleman from l\1as achusetts [Mr. WALSH] said about the Mr. P .ARRISH. Re erving the right to object, I would like freedom with which these recommendations are made by the to ask the gentleman how this money "·as locked up which they Navy Department, and I am in accord with the position of the claim fo have been stolen? gentleman from Texas [Mr. P.AIUUsH], that. we ought t~ ~e 1\Ir. KELLY of Penn ylvan.ia. It w:.s in the third story of the very careful in the consideration ot these claims, because 1t JS courthouse in a steel box carefully locked and secured. The evi­ an easy matter to pass them on to the Court of Claims and dence before the committee showed that eyery po sible care was shift the responsibility. I am glad to hear the gentleman from taken to protect the money, which belonged to the United States Pennsylvania say that they will be careful with these cases. Government and was in charge of the circuit com·t, although the Mr. .KELLY of Pennsylvania. The gentle:nan and I are in custodian got nothing in the way of compensation. complete accord ; but we must do something to meet the.se indi­ Mr. PARRISH. It was in a safe? vidual cases which the Navy Department can not- cons1der. I Mr. KELLY of Pennsylvania. In a steel box; in a safe prop­ want to say that this bill nrovides that the .Attorney General erly locked. shall be notified, and carries provisions along the lines sug­ l\1r. RAKER. 1\Ir. Speaker, I move to strike out the last word. o-ested by the gentleman from Illinois [Mr. lliNN] ; and I In looking over the bill it shows that the safe was in the third think without any doubt the Committee on Claims will employ story of the building and the burglar broke through the transom that form in the future in any other similar bills that they and obtained the money. Whether he blew open the safe or not report. • I do not know, but I imagine he opened it, as mo t of the • afes l\1r. G.ARD. If the gentleman will yield, owing to the con­ can be opened without being blown open. Therefore they lo t gestion in the harbors at Norfolk, Boston, New York, and other the money that was- in the possession and belonging to the· places during the time of the war, there were a grea~ man~ United States Go"\'"ernment. instances where Government-owned vessels collided w1th pri­ Now, the committee having allowed the bill to be considered, vately owned vessels, inflicting damage. The question. of the and I think rightly, I want to refer to ·this to call attention to responsibility of the Government can best be deterffillled by the other bill that I did not get1ully before the committee. There submission of the cases to a court. That seems to me to be the party had the dom: locked with an ordinary padlock ; I very proper. I will say to the gentleman that there are a suppose a Yale lock that would require to be broken. You breal~ great number of these cases, and there probably will be a mu~h open the door and then open the first door of the safe. The o-reater number in the years to come, and that I have been m other door was locked, the inner door was lock~ and the safe favor of a general bill conferring, within certain limits, general was-fully protected, and the Government's money was taken out. jurisdiction to sue the United States in the admiralty courts. It was in the custody of the postmaster. Now, of course, it does 1\Ir. P .ARRISH. I notice in the bill that was pas ed. a few not make any difference whether the parties are male or female, minutes ago that the Secretary of the Navy distinctly stated strong, able-bodied clerks, or widows, but I just hope that the in the letter he wrote t!lat he did not believe the Government next time we get back to these cases that are meritoriou our was responsible. I would like to ask the gentlemen in charge friends will see their way clear to let the Hou e consiuer the of these bills if they believe it is good policy to permit the bills~ United States Government to be sued in cases where those in :1'\lr. W.ALSH. Will the gentleman yield? charO'e have made a thorough investigation and state, after that l\1r. RAKER. Certainly. inve;tigation has been made, that the Government is not re­ 1\fr. W.ALSH. Does the gentleman make any distinctiou be­ sponsible in a case of this kind. tween this case and a case where by law or by regulation pro­ The SPEAKER pro tempore. Is there objection? mulgated under the law certain receptacles must be proYided There was no objection. and must be kept in a certnin condition in order to absolye the The bill was read, as follows : officials of negligence? Be it enacted,_ etc., That the claim ·of Wilhelm Al.exanderson,. of Mr. RAKER. In answer to the gentleman's question in as Atlantic City, N. J., owner of the motor boat Spra11, ag3.llls~ the Umted States, for damages alleged to have been caused by colliS;Ion between. concise form as I can, I think there is no question that there the said motor boat Spray and the U. S. S. Grebe, a rome. sweeper, should be a following of the statute as well as the rnl and which is owned by the Government of the United States and operated regulations to obtain a refund from the Post Office Department by the Navy of the United States, on the 30th day .of May, _19~91 may be sued for by the said Wilh.elm. Alexa.nderson m t-!le. dlStnct for the moneys that are taken. court of the United States ~or the tlistnct of New J"ers~y, s1ttrng as a I think that is clear, but all cases denend on circumstances court of admiralty and acting und.:r the rules governmg such court, and said court shall have jurisdiction to hear and determine such and facts of each case. In this instance I was going to show, suit and to enter a judgment or decree fur the amount of such dam­ although I did not have time, that the party had only been post­ ages and c('sts, if any, as shall be found to be due. against the master a Httle while. She had not become familiar with the United States in favor of Wilhelm Alexanderson or agamst ~ill;telm Alexander on in fnvor vf the United States upo!l the same prm<:Jples fact that the combination must be changed. Now, to show that and measures of liability as in like cases in admll'alty between pnvate Congress does rely on the facts of each case, I want to say that parties and with the same rights of appeal: Provided., That ~uch notice two months ago this House permitted a bill to pass whel'e the of the suit shall be given to the AttorneY: General of th~ Umted States as may be provided by order of the sa1d coru;t, and It shall be fl?.e party had not changed the combination and where the safe was duty of the Attorney General to cause the Umt.ed States attorne~ rn not locked. such district to appear and defend for the Umted States : P!"01i-tded I make this statement so that next time, with due deference further, That said suit shall be broug?t and cammenced withm four mcnths of the date of the passage of this act. to my distinguished friend from Massachusett.;, if my voice a The bill was ordered to be engrossed and read a third· time, while ago seemed not to be harsh and that he thought tbere were tears in my voice and in my eyes in speaking of the facts and was accordingly read the third time and pass~. On motion of l\!r. KELLY of Pennsylvania, a motion to recon­ and conditions as they exist, it appeals to a man's· heart and to sider the "\'"Ote by which the bill was passed was laid on the his sympathies in trying to do the right thing and to protect those wbo ougbt to be protected. I thank the House for the table. time it has given me and also the gentleman from Massachusetts. GEORGE W. GA:liBLE. The SPEAKER. The question is on the third reading of the Mr. RAKER. Mr. Speaker, Calendar No. 162 provides for bill. the relief of George W. Gamble, just passed over, where I The bill was ordered to be read a third time, was read the objected. I did so solely on the gro~d that r was ~ot. given third time, and passed. an opportunity to explain. I now mthdraw my obJection to On motion of Mr. KELLY of Pennsylv::mia, a motion to recon­ that bill . sider the vote whereby the bill was passed was laid on the table. 1\fr. KELLY of Pennsylvania. Mr. Speaker, I ask unammous PASQUALE DOLCE. con ent to return to Calendar No. 162. • The SPElAKER pro tempore. The gentleman from Pennsyl­ The next business on the Private Calendar was the bill (H. R. vania asks unanimous consent to return to the consideration 7573) authorizing payment of compensation.. to Pasquale Dolce of Calendar No. 162. Is there objection? for personal injuries. There was no objection. '£he SPEAKER. Is there objection? 1920. CONGRESSIONAL RECORD-HOUSE. 5127

Mr. WALSH. neserving the right to object, I notice the com- officer caught that train or the next one. But he wanted to pen ation in this case by a committee amendment i reduced catch that train. Now, the question is that the man suffered from $10,000 to 2,500, and that amount is greatly in e..~cess of that misfortune, and there is something more than $500 of what he would have been allowed under the compensation law doctor's bills to be taken out of this $2,500. if compensation was permissible. I do not know how the com- 1\lr. McKEOWN. Has any action been taken against the ser- mittee arrh·ed at this reduction of 7,500. geant or corporal for his conduct? ' Mr. 1\lAcGllEGOR. I followed the practice of the young at- 1\Ir. GLYNN. I do not recall there was, I will say to the gen- torney of putting in more than we expect to get. '.rhe gentleman tleman from Oklahoma. ' from Connecticut [l\1r. GLYNN] went over the case thoroughly Mr. McKEOWN. I do not take the position he ought not to be and arrived at that figure of $2,500 as being fair compensation. paid something. But if the Government is to pay damages every Mr. WALSH. Last week we passed one or two bills, I think, time some sergeant or corporal driving one of these cars runs where we only gave $1,080 in cases where death· ensued. This over somebody at the rate they usually go we will have a long amount seems to be rather excessiYe. It see s- that he had a time to settle up. . fracture of his s1."Ull without depression; that he was otherwise 1\lr. GLYNN. I will say to the gentleman from Oklahoma that bruised by scalp wounds, facial bruises, bruises on his legs, and that is the established policy of this Govel'nment; certainly it is in the back in the sacro-iliac region. • , the policy of the Claims Committee that if a person, through He is 52 years old and was struck by this automobile driven no fault of his mvn, is injured by the reckle sness of some soldier by a. corporal taking a major or a superior officer in a hurry to or officer in the Army that the innocent person ought not to be catch a train. Well, possibly the gentleman is entitled to some obliged to suffer that misfortune alone. compensation for the negligent drh·ing of this machine. I under- Mr. McKEOWN. I agree with the gentleman-- stand that the department finds that the corporal was driving 1\Ir. GLYNN. And your committee places this in a position recklessly and negligently, but I could not quite agree that where a private corporation would be placed. $2,500 is a proper compensation to pay this gentleman for his Mr. McKEOWN. I agree with the gentleman, but I was just damages. calling the attention of the committee to the fact, and desire to 1\Ir. MAcGREGOR What would the gentleman from Massa- say that I think the committee ought to call the attention of the chusetts think he ought to get if he was in a court of law? War Department to the facts and have these conditions stopped, Mr. "\VALSH. Well, it is not to be handled in just that way, if possible. because there is no legal obligation here. His wages lost were 1\fr. GLThTN. Now, with reference to some objections of the $1,200. His doctor's bills amounted to $516. I should think if gentleman from Massachusetts. To my mind there is a distinc­ he got $1,800 that would be treating. him very liberally in pre- tion. They have provided for cases where the relation of mas- senting him with this gratuity. ter and servant exists. Where a person is an employee of the 1\lr. SUMMERS of Washington. Will the gentleman yield.?- Government and he is injured then they have sought to provide Mr. WALSH. I will. compensation, but where the relation of employer and employee l\1r. SIT~fi\IERS of ·washington. Would the gentleman be does not exist, then it seems to me that we should look at the willing to have a fracture of the skull for $1,800? . cases something as we would look at them if it were a priYate 1\fr. WALSH. No; I would not be for $18,000, but that does corporation and if they were injured by a reckless employee as not change the principle. This is a mere gratuity. It was an a servant of a private corporation. injury that happened in May of last year at 5 minutes past 9 in 1\Ir. BLA.l\T]) of Indiana. If the gentleman will yield, when the morning. If he went in a court he might possiby recover the the American Expeditionary Forces ran over a citizen of France loss of what he would have earned, and so forth, but we are not they did not merely get $1,050, and r think we ought to pay the bound by those rules here. I believe where we pay a poor widO\v American people as much as we· pay a Frenchman, certainly. $1,080 where her husband was killed through negligence of some The SPEAKER. Is there objection? Government employee that we are not very consistent if we 1\Ir. WALSH. Mr. Speaker, unless there is some disposition come along a week later and pay somebody $2,500 where he suffered the fracture of his skull and the loss of $1,200 in wages on the part of the people interested to agree to a very material and $516 in doctors' bills. reduction of this amount, I shall object. The SPEAKER. Objection is made. l\1r. SUl\11\IERS of Washington. Will the gentleman yieldt Mr. MAcGREGOR. Mr. Speaker, I trust the gentleman from again? 1\Ir. wALSH. Certainly. Massachusetts will withhold his objection. l\fr. SUl\11\lERS of Washington. Does the gentleman think 1\Ir. WALSH. I will withhold it in order for the gentleman to that he can make a right by two wrongs? make a statement. Mr. wALSH. No. I· 1\11'. 1\lAcGRE~OR. 1\.Ir. Speaker, I think this amount is very 1\Ir. SUlll\IERS of Washington. Because we gave the widow moderate and fa~...... not enou

The Clerk read as follows : . The Clerk read as follows: Be it enacted, etc., That the Secretary of the Treasury be, and he is Be it enacte~, etc.J Th3;t the Secretary of the Treasury be, and he is hereby, authorized and directed to pay, out of any money not otherwise hereby, authonzed and duected to pay to the First National Bank of appropriated, to Pa. quale Dolce the sum of $2,500 as full compensation New Carlisle, Ind., agents of the Treasury Department for the sale of for injuries received on May 19, 1919, at Buffalo, N. Y., when he was w~·-savings stamps and thi·ift stamps, the sum of $923.'25, to reimburse struck by a truck operated by the United States Army. smd bank for wat·- avings stamps and thrift stamps lost on account of Also the following committee amendments were read : burglary during the month of April, 1918. Strike out " $10,000" in line u and insert "$2,()00." The SPEAKER. The question is on the engros ment and Mr. WALSH. Mr. Speaker, I offer a substitute for the com­ third reading of the bill. mittee amendment. The bill was ordered to be engrossed and read a third time, The SPEAKER. The gentleman from Massachusetts offers a was read the third time, and passed. substitute, which the Clerk will report. The SPEAKER. Without objection the title will be amended The Clerk read as follows : in accordance with the text. There was no objection. Strike out "$2,500" and insert "$1,716." On motion of Mr. HicKEY, a motion to reconsider the \Ote The SPEAKER. The question is on the amendment offereu whereby the bill was passed was laid on the table. by the gentleman from Massachusetts [Mr. WALSH]. The SPEAKER. The Clerk will report the next bill. The amendment was agreed to. The SPEAKER. The Clerk will report the further commit- "YORK COUNTY SAVINGS BANK, OF BIDDEFOUD, liE. tee amendment. The next business in order on the Private Calendar was the The Clerk read as follows: bill· (S. 2811) for the relief of the York County Savings Bank, of After the word "as" in line G insert the word "full.'• Biddeford, Me. Tlle SPEAKER. The question is on agreeing to the amendment. The title of the bill was read. The amendment was agreed to. The SPEAKER. Is there objection to the present considera­ The bill as amended was ordered to be engros ed and. read a tion of the bill? third time. , Mr. BLACK. Reserving the right to object, I would like to The SPEAKER. The question is on the passage of the bill. ask whoever has knowledge about this bill a question or two in Mr. MANN of Illinois. Mr. Speaker, a parliamentary inquiry. about it. In looking over the testimony this case I find that The SPEAKER. The gentleman will state it. the postmaster, in order to arrive at the amount of stamps that he lost, gives the amount that he had on hand in the previous Mr. MANN of Illinois. There was a committee amendment, and that amendment was amended by a substitute. Did the quarter, and it is-- 1\lr. KELLY of Pennsylvania. · The gentleman is referring to Clerk get it that the committee amendment was then agreed to? The SPEAKER. The Clerk states that he did. The question the wrong bill, I believe. --' Mr. BLACK. I beg the gentleman's pardon. I thougllt tllis is on the passage of the bill. was the postmaster's bill. The question was taken, and the bill was passed. Mr. KELLY of Pennsylvania. No. This is to return to a On motion of Mr. MAcGREGOR, a motion to reconsider the vote bank certificates of indebtedness. by w h1ch the bill was passed was laid on the table~ Mr. BLACK. It was to another bill that I had reference. I . APPOINTMEl'\T OF CO~""FEREE 0~ NAVY PAY Bll.'L. withdraw my reser\ation of an objection, Mr. Speaker. . The SPEAKER announced the appointment of l\1r. BRITTEN The SPEAKER. The Clerk will report the bill. as one of the managers on the part of the HQuse on the disagree­ The Clerk read as follows: ing votes of the two Houses on the bill H. R. 11927, the Navy Be it enacteiL, etc. , That the Secretary of the Treasury be, and he is 11ny bill, to fill the \acancy caused by the death of Mr. BROWNING. hereby, authorized and directed to redeem certificate of indebtedne s of the United States of America No. 13867, denomination of $5,000, FIRST NATIONAL BANK OF NEW CARLISLE, IND. of the issue dated August 6, 1918, and maturing December 5, 191$, with interest at the rate of 4~ per cent from August 6, 1918, to December 5, The next business on the P1·ivate Calendar was the bill (H. R. 1918, in favor of the York County Savings Bank, of Biddeford, Mt> ., 8881) authorizing the Secretary of the Treasury to reimburse without presentation of the certificate, the said certificate of indebted­ ness havin~ been lost or destroyed: ProvideiL, That the said York the Fir t National Bank of New Carlisle, Ind., for the loss of County Savrngs Bank, of Biddeford, Me., shall first file in the 'l'reasury war-savings stamps and tluift stamps. Department of the United States a bond in the penal sum of double th~ The SPEAKER. Is there objection? amount of the principal and interest of said certificate of indebtedne. s of the United States of America in such form and with such sureties 1\lr. GARD. Reserving the ri-ght to object, is anyone particu­ as may be acceptable to the Secretary of the Treasury to indemnify and larly in charge of the bill? save harmless the United States from any loss on account of the lost Mr. HICKEY. I know something about the facts of the case. or destroyed certificate of indebtedness hereinbefore described. Mr. GARD. What I wanted to call the attention of the gentle­ The SPEAKER. The question is on the third reading of the man to was that if we expect to follow the same rule that we Senate bill. have followed in cases of this kind it certainly would be neces­ The Senate bill was ordered to· be read a third time, was read sary to add to the gentleman's bill the fact that the surety bond the third time, and passed. should be given as required by the Treasury Department of the On motion of Mr. KEI.LY of Pennsylvania, a motion to recon­ United States. sider the vote whereby the bill was passed was laid on the 1\Ir. HICKEY. For what purpose shoulu a surety bond table. be given, in the opinion of the gentleman? For the pur­ The SPEAKER. The Clerk will report the next bill. po e of indemnifying the Government if the stamps are l\lr. GARD. Mr. Speaker, I make the point of order that found? there is no quorum present. · Mr. GARD. For indemnifying tl1e Go\ernment against loss Mr. BLAND of Indiana. Will the gentleman withhold that if the stamps are found. for a moment? There are only a few more bills on the cal­ 1\fr. HICKEY. I am perfectly willing to ha\e that amend­ endar. ment, but it would seem-- The SP.EAK.En. The O'entleman from Ohio makes the point Mr. GARD. I will state to the gentleman that the very next of order that there js no quorum present. The Chair "ill bill on the calendar provides that where certificates of indebt­ count. eune s were stolen from a York COlmty savings bank in May, the ADJOURNMENT. bank is to first _file with the Treasury Department a bond in a Mr. GLYNN. I move that the House do now adjourn. sum double the amount of principal in order to save harmless The motion was agreed to; accordingly (at 4 o'clock and 37 the United States from any loss on account of the savings minutes p, m.), the Hou e, under its previous order, adjourned stamps. until ~Ionday, April 5, 1020, at 12 o'clock noon. Mr. HICKEY. If the gentleman from Ohio will read the re­ port he will obser\e that the bank deposited with one of the Federal re. erve banks the sum of $1,000 in bonds, and that EXECUTIVE COMMUNICATIONS, ETC. the Government had been reimbursed by the sale of those bonds Under clause 2 of Rule XXIV, e."Kecuti>e communications were . to the extent of the value_of the stamps. taken from the Speaker's table and referred as follows: l\fr. GAll D. The Government has been reimbursed? 1. A letter from the Chief Scout Executive, transmitting the Mr. HICKEY. Yes; to the extent of the \alue of the stamps. annual report of the Boy Scouts of America for the year ending 1\Ir. GARD. It would not be necessary, then, to offer the December 31, 1919 (H. Doc. No. 708); to the Committee on Edu­ amendment? · cation and ordered to be printed. Mr. IDCKEY. It would eem not. 2. A letter from the Secretary of War, transmitting, with a The SPEAKER. I there obje~tlon to the present con. idera­ letter from the Cluef of Engjneers, report on prelinllnary exam­ tion of the bill. [After a pau. e.] The Chair hears none. The ination of Honolulu Harbor, Hawaii; to the Committee on Clerk will report the bill. Ri\er anu Hai·bors. 1920. CONGRESSIONAL RECORD-HOUSE. 5129

UEPORTS OF 00Ml\1ITTEES ON PUBLIC BILLS AND propriation to employ 1,500 men a the Watervliet Arsenal; to RESOLUTIONS. the Committee 'On Military Affairs. By Mr. GOLDFOGLE: Memorial of the Legislature 'Of the Under clause 2 of Rule XIII, bills and resolutions were sev­ State of New York, urging upon Congress the necessity of suffi­ erally reported from committees, delivered to the Clerk, and cient appropriation to employ 1,500 men at the Watervliet referred to the several calendars therein named, as follows: Arsenal ; to the Committee on l\filitary Affairs. Mr. HASTINGS, from the Committee on Indian Affairs, to By 1\fr. O'CONNELL: Memorial of the Legislature of the State which was referred the bill (H. R. 517) amending an act to pro­ of New York, urging upon Congress the necessity of sufficient vide for drainage of Indian allotments of the Five Civilized appropriation to employ 1,500 men at the Wate.rvliet Arsenal; Tribes, approved March 27, 1914 (38 Stat., 310, Public1 No. 77), reported the same without amendment, -accompanied by a report to the Committee on Military Affairs. (No. 784), which said bill and report were referred to the House . Calendar. PRIVATE 1HLLS AND RESOLUTIONS. 1\Ir. BARBOUR, from the Committee on the Public Lands, to Under clause 1 of Rule XXII, private bills and resolutions which was referred the bill (S. 278!>) for the consolidation of ' were introduced and severally referred as follows : fore t lands in the Sierra National Forest, Calif., and for other By 1\fr. BRUMBAUGH: A bill (H. R. 13408) granting a pen­ purposes, reported the same with amendments, accompanied sion to Julia C. Wharton; to the Committee on Invalid Pensi-ons. by a report (No. 785), which said bill and report were referred ·By Mr. CALDWELL: A bill (H. R. 13409) granting a pension to the Committee of the Whole House on the state of the Union. to Mary L. Lewis ; to the Committee on Pensions. Mr. SINCLAIR, from the Committee on Indian Affairs, to By Mr. KEARNS: A bill (H. R. 13410) granting a pension to which was referred t~ bill (H. R. 13139) for the sale of iso­ Sarah E. Kennison; to the Committee on Invalid Pensions. lated tracts in the former Fort Berthold Indian Reserva-tion, N. By Mr. LANGLEY: A bill (H. R. 13411) granting an increase Dak., reported the same with amendment, accompanied by a re­ of pension to Thomas. T. Hurdle; to the Committee on Invalid port (No. 786), which said bill and report were referred to the Pensions. Committee of the Whole House on the state of the Union. By Mr. VAILE: A bill (H. R. 13412) granting an increase of He also, from the same committee, to which was referred the pension to David A. Gardner; to the Committee on Pensions. joint resolution (S. J. Res. 30) to permit the disposition of By Mr. WATSON: A biU (H. R. 13413) granting u pension to certain lands in Montana {!eded by the Crow Indians, reported Clara H. Farnsworth ; to the Committee on Invalid Pensions. the same without amendment, accompanied by a report (No. By Mr. WELTY: A bill (H. R. 13414) granting a pension to 787), which said joint resolution and report were referred to Celestine Sehaeffer; to the Committee on Invalid Pensi-ons. the Committee of th~ Whole House on the state of the Union. Also, a bill (H. R. 13415) granting a pension to Alvaro Sunder­ land; to the Committee on Pensions. By Mr. HUTCffiNSON: Resolution (H. Res. 509) for the PUBLIC BILLS, RESOLUTIONS, AND MEMORIALS. relief of May Carroll; to the Committee on Accounts. Under clause 3 of Rule XXII, bills, resolutions, and memorials were introduced and severally referred as follows: PETITIONS, ETC. By Mr. WATSON: A bill (H. R. 13400) authorizing the Secre­ Under clause 1 of Rule XXII, petitions and papers were laid tary of War to donate to Glenside Post, No. 248, of the American on the Clerk's desk and referred as follows: Legion, Glenside, Pa., one German cannon or fieldpiece; to the 2733. By the SPEAKER (by request): Petition of numerous Committee on Military Affairs. citizens of Chicago, Ill., asking recognition of the Irish re­ Also, a bill (H. R. 13401) authorizing the Secretary of War public; to the Committee on Foreign Affairs. to donate to Montgomery Couuty Post, No. 248, of the American 2734. Also (by request), petition of Roxbury Post, No. 44, Legion, Glenside, Pa., two ~rman cannons or fieldpieces; to American Legion, Massaclmsetts, favoring $50 per month bonus the Committee on Military Affairs. for service men; to the Committee on Ways and Means. By 1\fr. BARBOUR: A bill (H. R. 13402) for the purchase of 2735. By Mr. GALLIVAN: Petition of Cleaveland A. Chandler, land occupied by experiment vineyards near Fresno and Oak- of Boston, Mass., opposing House bill 12976; to the Committee ville, Calif. ; to the Committee on Agriculture. . on Ways and Means. By Mr. IRELAND: A bill (H. R. 13403) establishing a bureau 2736. Also, petition of Lever Bros. Co., of Cambridge, Mass., of war benefits in the Department of the Interior; to the Com­ opposing amendments to Federal reserve system; to the Com­ mittee on Interstate and Fore1gn Commerce. mittee on Banking and Currency. By Mr. BLAND of Indiana: A bill (H. R. 13404) donating a 2737. Also, petition of Gillette Safety Razor Co., favoring captured German cannon or field gun and carriage to the town of development of parcel-post treaty with Cuba; to the Committee Loogootee, Ind., for decorative purposes; to the Committee-on on the Post Office and Post Roads. Military Affairs. 2738. Also, · petition of 5,000 members of the South Dakota By Mr. TILSON: A bill (H. R. 13405) terminating eertain Federation of Women's Clubs, favoring appropriation for the powers of the President in respect to fuel; to ilie Committee on United States Interdepartmental Social Hygiene Board; to the Interstate and Foreign Commerce. Committee on Appropriations. By Mr. MAPES (by request of the Commissioners of the Dis­ 2739. Also, petition of sundry citizens of Chicago, IlL, favoring trict of Columbia) : A bill (H. R. 13406) to regulate within the recognition of the Irish republic; to the Committee on Foreign District of Columbia the sale of milk and certain milk products, Affairs. and for other purposes ; to the Committee on the District of 2740. By Mr. LUFKIN: Petition o~ the Central Labor Union Columbia. of Haverhill, Mass., urging an investigation into the activities By Mr. ROGERS : A bill (H. R. 13407) to transfer to the of the Bureau of Immigration; to the Committee on Immigration Bureau of War Risk Insurance of the Treasury Department the and Naturalization. c·are of the discharged sick or disabled soldiers, sailors, and 2741. By Mr. MAcGREGOR: Petition of the Federal Em­ marines provided by the United States Public Health Service, ployees' Union, No. 19, of Buffalo, N. Y., relative to the privi­ and to transfer the vocational rehabilitation of disabled persons leges of Government employees, etc. ; to the Committee on the discharged from the military or naval forces of the United States Judiciary. from the Federal Board for Vocational Education to the Bureau 27 42. Also, petition of employees in the custodian serrtce in of War Risk Insurance of the Treasury Departmeut; to the Com­ the Federal building at Buffalo, N. Y., urging the bonus for mittee on Interstate and Foreigu Commerce. Federal employees, etc.; to the Committee on Appropria­ By Mr. EMERSON: Joint resolution {H. J. Res. 326) author­ tions. izing and directipg the Secretary of War to loan tents to cities 2743. Also, petition of the United· States engineer office at to relieve the housing situation; to the Committee on Military Buffalo, N. Y., urging support of an amendment in House bill Affairs. 11892, rivers and harbors bill; to the Committee on Approprja­ By Mr. PORTER: Joiut resolution (H. J. Res. 327) terminat­ tions. ing the state of war declared to exist .April 6, 19171 between the 2744. Also, petition of the Builders' Association Exchange of Imperial German Government and the United States, permitting Buffalo, N.Y., urging the defeat of House bill12320; to the Com­ _on conditions the resumption of reciprocal trade with Germany, mittee on Immigration and Naturalization. and for other purposes; to the Committee on Foreign Affairs. 2745. By Mr. MAPES: Petition of Samuel T. Fry and 7,500 By Mr. ~I.AcGREGOR: Memorial of the Legislature of the citizens of the United States, opposed to universal milital'y t-rr&in­ State of New York, disapproving of the St. Lawrence ship canal ing; to the Committee on Military Affairs. project; to the Committee on Foreign Affairs. 2746. By Mr. MOONEY: Petition of the Air Service Post, No. By Mr. ROW Al~: Memorial of the Legislature of the State of 137, of Cleveland, Ohio, urging the passage of House bill 10835; New York, urging upon Congress the necessity of sufficient ap- to the Committee on Military Affairs. 5130 CONGR.ESSION.A.L RECORD-SENATE. APRIL 2,

2747. By Mr. MOTT: Petition of citizens of the city of Water~ for the _public protection of maternity and infancy, which was town, N. Y., protesting against the murder of Thomas Mac­ referred to the Committee on Public Health and National Quar­ Curtain, lord mayor of Cork, Ireland; to the Committee on For­ -antine. eign Affairs. He also presented a petition of sundry citizens of Topeka, 2748. By iUr. O'CON1\T]JLL: Petition of James H. Rhodes & Kans., praying for the enactment of legislation providing for the Co., of New York, opposed to House bill12379; to the Committee parole of Federal prisoners, which was referred to the Commit­ on Banking and Currency. tee on the Judiciary. 2749. By Mr. ROW AN: Petition of the American Commission He also presented a petition of the Sheep and Wool Growers' of Irish Independence, of Cook County, Ill., relative to Ireland; Association of Morgan County, Ohio, praying for the enactment to the Committee on Foreign Affairs. of legislation providing for the labeling of substitutes for virgin 2750. Also, petition of the National Board of Farm Organiza­ wool in the manufacture of wearing apparel, which was referred tions, opposing the memorial introduced by the Philadelphia to the Committee on Interstate Commerce. Board of Trade, etc. ; to the Committee on Interstate and Foreign Mr. LODGE presented a petition of sundry engineers of the Commerce. . General Electric Co., of Lynn, Mass., praying for the enactment 2751. Also, petition of the Corman Co., of New York City, op­ of legislation to increase the salaries of the employees of the posing House bill12976; to the Committee qn Ways and Means. Patent Office, which was referred to the Committee on Patents. 2752. Also, petition of the Kelley-Clarke Co. (Inc.), of New He also presented a petition of the Massachusetts Society of York, opposed to House bill 12909 ; to the Committee on the Sons of the American Revolution, praying for the enactment of Territories. legislation to change the name of the Panama Canal to the 2753. Also, petition of the Harvey & Outerbridge Co., of New Roosevelt Canal, which was referred to the Committee on Inter- York, opposed to House bills 12379 and 12646; to the Committee oceanic Canals. · on Banking nnd Cunency. 1\lr. JONES of Washington pre ented a telegram in the na­ 2754. By Mr. TAGUE: Petition of the Horrigan & Doe Co., ture of a petition from sundry citizens of Seattle, Wash., pray­ of Boston, Mass., opposed to House bills 12379 and 12646 ; to the ing for the freedom of Ireland, which was referred to the Com­ Committee on Banking and Currency. mittee on B'oreign Relations. 2755. Also, petition of the Tri-Mountain Garrison, No. 98, He also presented resolutions of the Central Labor Council of Army and Navy Union, urging the passage ·of House bill 6862; Tacoma, 'Vash., favoring an investigation into the activities of to the Committee on Naval Affairs. the Bureau of Immigration, which was referred to the Commit­ 2756. Also, petition of the Sylpho-Nathol Co., of Boston, l\lass., tee on Immigration. urging the 1-cent drop postage; to the Committee on the Post 1\lr. TOWNSEND (for Mr. NEWBERRY) presented a petition of Office and Post Roads. the Chamber of Commerce of Battle Creek, Mich., praying fo:t 2757. Also, petition of the Roxbury Post, No. 44, American the enactment of legislation to increase the compensation of Legion, Roxbury, Mass., urging adjusted compen ation for the postal employees, which was referred to the Committee on Post ex-service men, etc.; to the Committee on Ways and Means. Offices and Post Roads. 2758. By Mr. W A.SON: Petition of ,V. H. Cadwell and 2,514 He also (for Mr. NEWBERRY) presented a petition of the Engi­ residents of :Kashua, N.H., employees of the Nashua Manufactur­ neering Society of Detroit, Mich., ·and a petition or the Board of ing- Co., urging the daylight savings law, etc. ; to the Committee Commerce of Detroit, Mich., praying for the enactment of legis­ on Interstate and Foreign Commerce. lation to increase the compensation of certain civil-service em­ 2759. By Mr. ·wiNGO: Petition of R. C. Hatcher and others ployees, which were referr~ to the Committ~ on Civil Sen-ice of Van Buren, Ark., protesting against universal military serv­ and Retrenchment. · ice, etc.; to the Committee on Military Affairs. He also (for Mr. NEWBERRY) presented a petition of the State Nurses' Ass0ciation, of Bay City, Mich., praying for the enact­ ment of legislation granting rank to A.rmy nurses, which was referred to the Committee on Military Affairs. SENATE. B.A.CA FLOAT NO. 3, .ARIZONA. FniDAY, April !8, 19~0 . Mr. SMITH of Arizona, from the Committee on Public Lund , to which was referred the bill (S. 2728) for the relief of settlers (Legislatire day of Tll'ltt·sday, Aprill, 1920.) and entrymen on Baca Float No. 3, in the State of Arizona, re­ The Senate reas embled at 12 o'clock noon, on the expiration of ported it 'Yithout amendment and ubmitted a report (No. 498) the recess. thereon. Mr. CURTIS. l\lr. President, I suggest the absence of a BILLS A!\D JOIXT RESOLUTION 1:\TRODUCED. quorum. Bills and · a joint re olution were introduced, read the fir t The PRESIDE~T pro tempore. The Secretary will call the time, and, by unanimous con,_·ent, the second time, and referred roll. as follows : The roll was called, and the following Senators answered to By Mr. POMERENE : their name A bill (S. 4179) for the relief of Elizabeth A. Site ; to the Beckham ITarrison Moses Smoot Committee on Military Affairs. Calder Henderson .Myers Spencer By Mr. SWANSON: Capper Jones, Wash. Nelson Sterling Comer Kellogg New Sutherland A bill (S. 4180) authorizing the Secretary of War to uonate Culberson Kendrick Norris Thomas . to the town of Schoolfield, county of Pittsylvania, Va., one Ger­ Cummins Keyes Nugent Townsend man cannon or fieldpiece; to the Committee on Military Affairs. Curtis Kii·by Overman Trammell Dial Knox Page Underwood A bill (S. 4181) for the relief of George T. Larkin; and Dillingham Lenroot Phipps Wadsworth A bill ( S. 4182) for tlle relief of George T. Larkin ; to the Fernald Lodge Pomerene Warren Committee on Claims. France McCumber Sheppard Watson Gay McKellar Smith, Ariz. By Mr. SUTHERLAND : Gronna McLean Smith, Md. A bill (S. 4183) granting a pen ion to John W. Jeffries; an