5738 CONGR.ESSIONAL . RECORD~ENATE . APRIL 29,

feature of his natiTe State-cry tal lakes. mirrors of the skies; elor, was considerate in his chnr~es, and served the poor as her mountain summits diademed with the snows of winter; and faithfully as he ser-ved the rich. He was nn adroit manager of her mormtu.in ·walls draped for half the year with scenes of his cases, and in jury trials especially he was a succe sful tran cendent beauty and of joy forever. Nor is this all. He and powerful advocate. was ju ·tly proud of her -e>entful history, civic triumphs, and ma­ "I can not say, either, thnt ln statecraft he came up to the terial progress, nnd .of that popular will that had kept him for leTel of such men in the history of the State and Nation as more than a quarter of a century in the fields of his fondest Langdon and Sullivan, Webster and Woodbury, John P. Hale ambitions. and GA.LLING.En, but on the line of public sen-tee where he "1 have hem·d it said, but J ·roll not vouch for its authenticity, wrought lle was equa1ly faithful and equally efficient. He thnt the younger Tell when traveling with his father, the great stands to-day at the bend of all others ln 011r national 1 ~i la­ archer, on the lower levels of Switzerland, growing tired of the tion in securing from the Treasury just needs of t11e American monotony aid to his father, 'I do not like these lowland plains; soidier, his widow and his orphans, and I am inclined to thiuk I'd rather dwell 'mid the avalanche.' This goes to illustrate to that it is upon the strength of hi devotion to t11i. cause that some extent the. entiment that binds for life the mountaineer to his chances of I:emembrance along the lines of the future largely his ruitive mountntn home. SULLOWAY was a fixture in his depend. allegiance to l1is birthright and his citizenship. 1f there WP.t'e " ~lr. President, in forming an estimate of our men in public richer harvests to be gathered in fields beyonrl, tl1ey had no life we are apt to gauge our jU I honor the man who comes bnck with his laurels public ervant. .-AlJ blooming and fr h on the tirue-w·rinkled brow, "This i my epitome of the dead man's life. lie was born 1n From thE> scenE's of deba1:e or national qoa.rl't'l To biPD•l wtth his kindred wbo follow the plow, my native State of a Joying Ne.w England mother, in an humble I cherish, I love the truE> bP:ro who lingers home where life was a tru.ggle for existence, from \Vhich con­ Lif('-lnng at tl1e tomb wht>re bl.· fathers liP, dition, unnided by the power of money or social influence. he WhllP tb(' tlme-god is writing with sl;<'l'DP on th{' hPart as It farl{'~ from the eye. made his way up against strong re istancc to the zenith of his I love the ambition that hovers the nighest ambition in the American Congre s, and died in the Nation's To tb l.' fount wbencl.' our rorliest plPasur<'s flow, nrm , and with tately ob equi she buried him as one of her Wh(~'{e fligbt like tbP larl<'s is the surPst anrl highest. Wbll{' Its home ls unReen iu the valley bt>low. worthy dend in hi native eartll beside hi kindred dust, there to reRt in peace forevermore. "'Paint me as I urn,' said Cromwell to his limner. 'When "\Veil may I say in the pre ence of his death and the pending you shall these unlucky (leeds relate. speak of me n I am,' said crisi amid the nations of the earth, in the language of Byron: Othello. 'nothing extenuate nor et down aught in malice' •":Between 'two worlds ll!e hovers like a ~tar, "He who speak~ of om· dead RuLLOWAY just a he was at 'Twixt night anti morn upon the horizon's edge, every stage and turn in life, whether in youth or at the bar, in How little do we know tbat which we arc, tlm legislature or in Congre s, is his he ·t eulogi t and his truest How le s wha1: we may be. ft•ierrd. lle may then justly say of him thnt he was the physical " The eternal surge of time n nd tide rolls on Aml b{'ars afar our bubbles. type of n giant race of men; that he waR endowed by nature .As th{' old burst new enwrges, lashed from the foam of ages, with a \.Yell-poised hrain, a hrave heart. and a genial tempera­ While the graves of empires heave, but like some passing wave." ment; that after the manner of America's self-made men, he forged his 'ray upon hi own merit trom lowly conditions to one AD.TOURNMEJ\~. of usefulne m1tl fan1e; that he frtced the wo1·hl until death The SPEA.KER pro tempore. In. accordance with the reso­ called him to leave it with an open countenance and an hone t lution already adopted the House wiU now adjourn. hand; that in the drama of life be was never known to play the Accordingly (at 2 o'clock and 50 minutes p. m.), the House p:u·t of a pretender to ad\ance his private interests or to win adjourned until to-morrow, Monday, April 29, 1918, at 12 o'clock public favor; that if he cares to dwell upon hi faults ot• noon. frailties incident to human nature, be will find them condoned by his deed~ of love and genero ity, and he will find that many of the recipient of his princely charities still remain to bless SENATE. his name o nrl revere bis memory. 1lfoNDAY, April 29, 1918. " The domnin of his personal and political strenctb la:y in the bearts of the common ~ople, they who ' wear their stars not on (Legislative day of Wedncsday,.April g.q, 1918.) their brensts bnt in them.' The Senate met at 12 o'clock noon. '' He wa familiarly known throughout the Stnte as ' CY l\1r. GALLINGER. 1\.l.r. President, I suggest the absence of a St:LLOWAY.' or 'Qy' for bort. not out of disrespect but as a quorum. term of endearment. Hi political friend hip reached beyonrl The VICE PRESIDENT. The Secretary will call the roll. party line . 1 was in Manche. ter once at a general election Tbe Secretary called the roll, and the following Senator an­ when he wa running for Congre. , nnd I heard a stalwart swered to their ru1mes: Democrat ~my' I am a Democrat, dyed,in-the-wool. never cut my Ashurst llardlng Norrl.s Smith. S.C. ticket, but this time I've got to vote for "CY,"' and o be did. Baird B.:u·dwick NugE-nt " I hall do him no inju. tice when I say that be was not Bankhead HPnderson OverllUln ~~~~~!~f:md Bc•ckham Hitchcock Owen Swanson a finished scholar. He uid not clnim it. His scholastic privi­ Brandegee Johnson, Cal. Page Thomas leges were limited to the ' little red schoolhouse,' and 1:1 few ('hnmberlaln Jone , N. 1\.lex:. l'belan Thompson term at a New England academy. But he became an adept -in Colt J OOPS. Wash. Pittman Tillman Cummins .Kt>llogg Poindexter Town. end ' that -volume of human knowlerlge that was never taught and Curtis Kirby Pomet·ene Trnmmell nmrer lea1·ned in school . Apropos to thi . Farragut once wrote Dtlllngham Len root Sauls.hucy Vardamtul to his boy at college,' Don't take too much time with your books; Fall Lewis Shaf1'bth wa.sb Fernald Sbeppnrd Wan·en .study men.' Fletcher ~~~:mber S hNman Wat on "I can not speak of him, either, as one learnerl in the law, F'rellngbuysen McKellar Sh1Pids V.1lliams us the phrase goes. He did not claim it. He had never prac­ Gallinger Mci.ean Simmons Wolcott Gerry M1lrtln Smltb, Ariz. ticed his professio in the Federal courts so fur as I know, Gol:>n Nelson -smith, Ga. but at the bar of his State he was regarded as a s.af~ eoun- Hale New Smith, l\1d. 1918. CONGltESSfONAL REC01ID-· . SENATE. 5739

Mr. CURT ~- I desir-e to announce tbe ,absence .of the Sena­ By Mr. FERNALD: tor from N rlh Dakota [Mr. GROSNAj on account of .illnes-s in A bill (S. 4456) .granting a pension to Surah J. ·s.trout (with his family. 'Dhis announcement may stand for the day. accompanying papers) ; and Mr. WARREN. I ''"i h to announce that my colleague [.Mr . . .A bill (.S. 4457) .granting an .increa-se of pension to Dennett KENDRICK] is -una-voidably absent. I wish ibis .announcement to .cotton (with 1l:ecom_panying papers); to the Committee on stand for the day. Pensions. l\1r. SUTHERLAND. 1\ly e0lleague IJ\.lr. GoFF] is :ab.sent on By Mr. POMEREl\TE; aecou:nt of illness. A ·bill ( S. 4458) to authorize the adoption, r-egistration, nnd Mr. BECKHAM. l msh to announce that my colleague, the protection of a national trade-mark to diStinguish merchandise senior Senator fr.om Kentucky [Mr. J"A:MES], is detained by manufactur~d or produced in the United States of America and illness. ' .used in commerce with foreign nations, ·or among the -several Mr. KIRBY. I wish to announce that my colleague [1\Ir~ Stutes, or with Indian tribes, and to autho.rize the .Secretary of RoBINSON] is detained taking part in the third liberty loan cam­ Commerce to license the use·of same, and fo1· other :purposes; t o paign. the Committee on Patents. M:r. GUION. I desire to announce thftt my colleague '[Mr. AM.EN:DMENT :TO NAVAL .APPROPRIATION .:BILL. IiA.NSDELLl 'is :detained from the Senate by 'illnes . Mr. PHELAN -submitted an amendment ::pr.op~osing to appro­ The VICE PRESIDENT. .Si:xty:ni:ne Senators have .anS\V&ed priate $6,000,000 :towa:rd the necessary additienal navy yard on to lthe roll ·call. There is a .quorum present. the Pacific -coast 'Of the United States, intended :to 1be proposed REGiSTRATION FOR MILITARY SE1IVICE. 'by him to tlle nav.a.l appro-Priation bill, which ·was r~ferred to 1\fr. CHAl\IBERLAIN. I ask the ChaiT to lay before the the Committee on Naval Affairs and ordered to be printed. .Senate the amendments of the Honse of Representatives to PRESIDENTIAL APEROVAL. Senate joint r-esolution 124 for the purpose .of requesting a A message from the President of i:he Unit-ed ~ -states, by ~lr. conference with the House. Sharkey, -one {}f his secretaries, announced that the President The VICE PRESIDENT laid before the Senate the amend­ had on this day appr.oved a:nd signed the act ·( S. 3476) to ments of the House to the joint resolution ( S~ :r. Res. 124) ;pro­ authorize the .extension of a spur track or ·siding from the viding for the registration for military service '()f all male per­ existing lines of railroad in the District of ·Columbia -across sons citizens of the United States or residing in the United First Stl'e.E't NE., b~een L 'Ulld '1\I Streets, to the bu1ldings States who have, since the 5th day of June, 1917., .and on or be­ occupied by the field medical supply depot of the Arm_y. fore the day set for the registration by proclamation by the President, attained the .age ·of 21 years, in acNew York Times of prohib-ition as a wtrr measure, whieh \TitS ordered to lie .on the yesterday_, purporting to give the report of the special agent table. of the President on the .aircraft situation, as a :part of my Su.Drlay Mr. THOMPSON presented .a ·petition .of the school ren1ar~ · of St. Paul's Episcopal Church, of Wichita, K.ans~. praying for The VICE PRESIDENT. W.e shall have to settle this ques­ nationn.l prohibiticm as -a war measare, whieh waB· ordered to tion. The record shows that the Senator spok-e on the bill, and lie on the table. an amendment will have to be .offered. He :also pre ented a petition {)f Generaii Hazen Post, No. 258, 1\lr. GALLINGER. I offer the following amendment. Grand Army of the Republk, Department of Kansas, of Lincoln, The VICE PRESIDENT. That will make it all right. Kans., praying for an jncrease in pensions to veterans of the Mr. BRAl\"DEGEE. Then 1 desire to speak on the ,pending Owers of the Government Printing Kans., praying for the repeal

Mr. BRA1\DCGEE. Yes~ I have the floor. I ence toward delivery to our troops of nece ary war implements 1\Jr. SMITH ('1' Arizona. That is different. I thought unani- they were charged to create, and of con tantly and willfully mons consent ,..,.afl asked. deceiving the President and the country as to the true stnte of 1\1r. BRANDEGEE. I am asking the Secretary to read it in their work. order to relieve me of the reading. He is reading it in my own "'No men free from junker lu t can fnil to be sad over time. Squier's failure, but the Nation will demancl t11at those who l\lr. SlHTH of Arizona. I ha\e no objection. have betrayed their superior must carry some of the blame. His The Secretary r e~nuetl anti concluded the reading of the ar­ demotion brings the terror of failure in this war louder and ticle, which is as follows: louder in our ears, and the anxious look in fathers' faces is [From th~ New York Times, Apr. 28, 1918.] growing set, and they are growing still as the fatal fact repeats Am li'AILURE A CRIME, BOROLUM DECLARES-PRESIDENT'S !N>ESTIGATOR itself-the boys hav~ no planes, and we have none to send them. 8.\YS NEARLY A BILLIO. 'VAS ABSORBED IN COLOSSAL PROFITEERINO­ N ,:OT A FIT PLANE PRODUCED--DEMANDS COMPLETE JUDICIAL lN­ MUST HAVE SCHWAB'S AUTHORITY. Qt!UlY-SAYS RYAN'S POWER SHO:ULD EQUAL SCTIWAB'S. "'There is no authority yet to give to l\Ir. Ryan. It is un­ " The absorption of ' nearly a billion dollars without the de­ thinkable that he will be given less authority than 1\.Ir. Schwab, livery of a serviceable plane' calls for criminal investigation or that he will be responsible to anyone but the President and of the acts of members of the Aircraft Boru·d, of men under the Nation. Nor must he be bothered or hindered by the actions Chief Signal Officer Squier, and of a ring of aircraft contractors, of the pa tor asked to solve its wrecks. Some competent special according to Gutzon Borglum, the special investigator, who was tribunal should be at once created with authority to relieve him, appointed by the President to study the causes of the failure and the rest will be simple. in aircraft production. "'It is not difficult to build planes nor to get engines or create "The President's investigator asserts that the conduct of the engines, and quantity is but the measure of our almost unlim· Aircr!l.ft Board in ' corralling contracts ' and placing them in ited and untouched manufacturing facilities. It will be simple, the hands of manufacturers, some of whom were utterly unpre­ and empty willing hands wait all over the country, if we can but pared for the work, was 'unfair, unjustified, and, in the Na­ forget gain, personal greed, and profiteering, and everybody tion's emergency, criminal.' He asserts that Gen. Squier was build, build, build.' betrayed by subordinates and that he was imposed upon by a " Mr. Borglum's special report sent to the President has never ring of aircraft manufacturers who ""ere guilty of 'colossal been made public." profiteering.' 1\fr. BRANDEGEE. Mr. President, that article appeared in "1\Ir. Borglum's statement, sent to the New York Times, the New York Times of yesterday. The New York Times i a reads: great American newspaper, and I have the highest respect for "'Gen. Squier is passed at last, as your editorial said to-day, it, although it differs in politics from me. It is a sensible, con­ and with the justice that plays no favorite. But with the pass­ servative, intellectual paper. I do not think it would inten­ ing of this official rubber stamp of interests that formed about tionally print anything if it thought it was untrue. the colossal appropriation have ""e cleaned the Augean stables? 1\fr. Gutzon Borglum, the author, or ·reputed author, of that RUBBER STAMP OF JUNKERS. article, is a constituent of mine. He lives -in Stamford, Conn. " ' The Chief Signal Officer was the official rubber stamp for a He was formerly a great friend of President Roosevelt-! be­ group of American junkers, necessary to them to release nearly lieve he differed from Him in the last campaign-but in my a billion, which they placed precisely as they in their unin­ opinion he is a Joyal, patriotic American. He has seen me formed advi ory capacity chose and distributed to their o-wn or several times in Washington. I know nothing against him per­ affiliated interests, all to serve a common plan and purpose an11 sonally. I have the highe t respect for him, and I have abso- all under a contract system so ingenious that it could in time ·lute confidence in his loyalty and patriotism. absorb the entire appropriation and not deliver a serviceable He told me that' the President had given him a written au­ plane--and this, in fact, it has lru·gely accomplished. This sys­ thority, which he could take to the War Department, ordering tem that protects the contractor and protects no one else bleeds the Wru· Department to give him access to all the sources of the Nation and secures that interminable program and delay information about our aircraft production. That was several necessary to develop their product in chief-the motor. No one months ago. I think that he had great difficulty in getting access has indicted this same Chief Signal Officer more severely than to those sources of information, from what be told me. I think he I, but in his failure we must not forget that be, too, has been was more or less Qbstructed, but he got it; at least, he told me . betrayed. He, too, has been the victim of confidence. he got it. I thought that his opinions and information were of " ' They and not be invented the mechanical phenomenon of sufficient importance to. warrant their being laid before the history that has blocked the way, and, around the German Committee on Military Affairs of the Senate. I made appoint­ Mercedes cylinder, created the greatest obstacle, as it has been ments with several of the members of the Senate Committee on the most lucrative mechanical experiment, ever conceived. Military Affairs for 1\Ir. Borglum, in order that he might lay "'It was they, with his acquiescence, who camouflaged the his information before that committee, so that they might in­ Nation and the Government, but it was they who syphoned the vestigate it and ascertain whether he was right or wrong. Nation's wealth to their respective home towns, and have re­ I do not vouch for the article that has been read into the turneti nothing. RECORD; I lrnow nothing about it. I know it has been published "'The methods of the Air Board have been the cause of unjust broadcast all over the country by a great and highly respectable censure of the national administration by the large available, newspaper, and I know that Mr. Borglum is at hand ready to unemployed manufacturing interests for the board's unfair, give any information or to deny or explain or admit. If the unju tified, and, in the Nation's emergency, criminal corralling situation as to our aircraft production is anything like what is of contracts which have been let to people•wbo are even at this delineated in the blistering words of that article, it behooves \\'l'iting wholly unprepared to fill their contracts. This is not this department of the Government-the legislative department directly chargeable· to Gen. Squier. of the Government-to take some step to ascertain the truth. NO PROPER JUDICIAL INQUIRY. It is asserted in the New York Times-which is a friendly "'There have been seven separate investigations of the aero­ newspaper to the administration and not a hostile critic-that nautic conditions, besides two petty reviews of factories related the President appointed this man to make this investigation; to the manufacture, not counting the special examination of the that he has made a private report to the President, embracing airplane production spasmodically carried on by Federal intelli­ the· charges and allegations contained in that article, and that gence bureaus. the President has never made it public. I do not know whether "'There has been no proper judicial inquiry, with power to or not the President ought to make it public; I do not know subpoena, seize, and arrest, by the Federal Government, and whether or not the article ought to ha\e been written; but I there will be in consequence no just apprehension of tbe real du know that through the Senate Committee on Military Affairs culprits nor real adjustment of improper obligations until such or some committee of the United States Senate, in this world inquiry is in tituted. I doubt if machinery exists that can go agony, 1\lr. President, with civilization and the future of the to the bottom of this entire business. This is too big and neces­ universe at stake, the United States Senate ought to know, or sarily too secret a matter-and should be removed from political ought to try to know, the truth about these things and ought influence--for the Senate to handle, nor have they the time or not longer to be squelched and camouflaged and kept in the dark machinery to dig through wagonloads of records, examine thou­ while we wage a war to make the world safe for democracy and sands of witnesses, nor are they prepared to put the questions publicity. neces ary to secure answers and so build and rivet a chain of ?ifr. PHELAN. Mr. President-- evidence of ignorance, lack of plan, or purpose beyond selfishness The VICE PRESIDENT. Does the Senator from Connecticut and misuse of funds, of general and colossal profiteering, and yield to the Senator from California? what is a thou and times worse, of criminal neglect and indi.ffer- Mr. BRANDEGEE. I yield to the Senator from California. 1918. OONG:RESSIONAL RECORD-·SENATE. 5741

Mr. PHEL.A...a.~. May I address a question to the Senator with it that he gave him a Jetter to take over to the War De· from Connecticutt? partment ordering the War Department to divulge to him all Mr. BRANDEGEE. You may. the contracts~ all the information they had about aircraft pro­ Mr. -PHELAN. What is the ousine s or profession of Mr. duction. He also stated. that he was ·very much obstructed at Eorglum? almost every process where he tried to find out anything in tl1e Mr. BRAl~DEGEE. He is a sculptor. War Department. I do not know whether he was WTong or l\Ir. PHEL..L~. An artist? right about it; I am telling you what he told me. That is all I Mr. BRANDEGEE. He is a great sculptor, like St. Gaudens. know about it. 1\lr. PHELAN. Has he any qualifications to judge of flying l\frr McCUMBER. May I ask the Senator from Connecticut machines? a question? lli. BRANDEGEE. I do not know. The President selected Mr. BRANDEGEE. Yes. him, and, therefore, I think probably he did not have any Mr. McCUMBER. Without reference to the qualifications of qualifications. [Laughter.] I do not know. Let the Senator this gentleman, the fact is certain that we appropriated $640,- from California go to his President and find out. I ·can not 000,000 to build aircraft; that there is now before us a bill to find ont anything. appropriate $400,000,000 more, making more than a billion dol­ 1\I-r. PHELAN. I think it would be an answer, 1\I.r. President, lars--the entire cost of the Franco-Prussian War as figured by to the· Senator from Connecticut to say-- Germany when she impo ed that amount of indemnity upon 1\Ir. BRANDEGEE. If the Senator wants to answer his own France. We have used that much money and are asked for this question, I have no objection. I have no information on the additional sum; and what have we got? That is what the subject. American people now want to know. What has become of the Mr. PHELAN. To say that a great artist, as 1\Ir. Borglum money, and where are the assets that are to be placed against is, is principally distinguished for his flights of imagination and the $640,000,000 which we have expended? I should like to no other flights. have some one upon the Military Affairs Committee or some one )fr. BRANDEGEE." I do not yield to the Senator to make a in the Senate give us information as to what has been done. speech, :Mr. President. He wanted to ask me a question, anll 1\fr. BRANDEGEE. I should judge that we have "got it in I ha\e :.mRWered it to the best of my ability. the neck," Mr. President. [Laughter.] 'Ve have got "bun- Mr. PHELAN. I ha\e said all I desire to say. coed." . Mr. BRANDEGEE. If the Senator has said all he desires to 1\.fr. McCUMBER. I think so. say, then I ·will re ume the fioor. l\1r. BRANDEGEE. If the Senator wants to know what i Mr. NORRIS. ~fr. President, may r ask the Senator from think about it ; but I can not prove it. I simply feel that way Connecticut a question? myself. 1\Ir. BRANDEGEE. Yes. I am not going to introduce- any formal resolution about this Mr. NORRIS. I am asking for information. . I run informed matter, for I should immediately be called a traitor or pro­ that this gentleman is the president of some aviation society; German if I tried to find out anything; but I think, the Com­ at lea t, that he has had a great deal of experience in aviation mittee on l\lilitary Affairs, knowing or having reason to believe matters. I inquire of the Senator from Connecticut if that is on the authority of the New York Times that the President of true? the United States has a secret report in his pocket which di­ Mr. BRANDEGEE. I do not know; but it has been intimated vulges a situation such as is outlined by the New York Times, to me, :Mr. President-- it would not be improper for the Committee on Military Affairs Mr. FLETCHER. Mr. President-- to investigate the matter, unless the President thinks it is in­ 1\fr. BRANDEGEE. I will yield to the Senator from Florida compatible with the public interest or the Democratic Party's in just a moment, but I want to complete my sentence. interest ; I think it would not be improper for ill! to know about It has JJeen intimated to me that some aircraft association or it. Of course, if we can not be trusted to know anything. we board-whether or. not it is the one with which H. D. Baker is had better prorogue ourselves and put this Government in com­ connected I do not know-has made some sort of a . charge mission and go home ; l;mt I think the Committee on Military again t ~fr. Borglum on the ground that he may possibly be Affairs ought to take judicial notice of that article and ought to interested in aircraft production. I know nothing about it, and act accordingly. I care nothing about it. I want the truth about this situation. Mr. THOMAS obtained the fioor. and I think the Senate and the people are entitled to it. Now, l\1r. GALLINGER. Mr. President, if the Senator will be I yield to the Senator from Florida. kind enough to suspend ·for a moment-- Mr. FLETCHER. I was going to ask the Senator from Mr. THOMAS. I always suspend for the Senator from New Connecticut if he means to insist upon his statement that the Hampshire. President selected Mr. Borglum to make this investigation 'l Mr. GALLINGER. I will ask that the proposed amendment Mr. BRANDEGEE. Why, no; I have already said that I do which I have sent to the desk be again read, and then I will not vouch for the article. The New York Times stands re­ occupy fi've minutes, perhaps. sponsible f.or the article. It says the President appointed Mr. Mr. THOMAS. 1\lay I. before the Senator from New Hamp­ Borglum as his own special investigator, and that he has made shire does that, say a. word upon this subject? a private report to the President, which the President has ~Ir. GALLINGER. Certainty. I withhold my request. pocketed. That is the statement of the article in the New l\1r. THOl\lAS. Mr. President, the chairman of the Commit· York Times and not my statement. tee on Military Affairs [1.\fr. CHAMBERLAINl is ab ent from the l\1r. FLETCHER. The Senator from Connecticut state~ as Chamber, else I would not assume on behalf of the committee I understood, that the President had selected Mr. Borglum to to refer to the so-called Borglmn affair. l\1ucb of the informa­ make this inve tigation. tion outlined in the article just read is already public ~ some Mr. BRANDEGEE. I did not say any such thing. I said of it is not ; but whether that not heretofore stated is true or the article tated that the President had selected 1\fr. Borglum. false may be an open question. I should say, however, for the 1\Ir. FLETCHER. And I was going to ask the Senator information of the Senate, that Mr. Borglum and his story whether he knew that Mr. Borglum ap-plied to the President are not new to the members of the committee. I think that with the suggestion that he might give ·information, and the gentleman, with perhaps the exception of myself, has con­ President merely gave him a letter authorizing him to proceed ferred with all of the members of the committee upon the to make such in\estigation o! the matter as he saw fit? That subject which now appears in the columns of the New York would be a different thing from the President selecting him to Times. The committee has not so far called 1\ofr. Borglum be­ make this investigation. . fore it, becau e from the best information it can obtain Mr. Mr. BRA1\TDEGEE. I will answer the Senator perfectly Borglum is not entirely a 'disinterested witness upon . the sub­ frankly. I do not want to split words or to cheese-pare about ject. Our information is also that he repre. ented himself to this thing; I want to make a perfectly plain, frank statement. the President as an author:ty upon the subject of aviation, Mr. Borglum came to me and said that he bad been very much which ma-y be true; and lf I am not misinformed, as a repre­ worried about the aircraft production-that was months ago­ sentative or member of some one of the numerous aeronautic and he said he was satisfied that the administration was being associations of America, and the President gave him the letter buncoed by the e fellows with their optimism and their prophe­ to which reference has been made. We have heard, as I have cies and promises of what they were going to do. As a patri­ stated-- otic American-and he is a Dane, I believe, by blood-he wants Mr. BRANDEGEE. 1\Ir. President, will the Senator allow to win this war·; he is again t Germany ; he is of a very intense­ me to ask him a que tion there? disposition, being a Roo e-Teftian ; he is a fighter ; he is not Mr. THO~IAS. Certainly. afraid of anybody. He told me he went to lay this informa­ 1\lr. BRANDEGEE. I am utterly ignorant about the state~ tion before the President and the P.resident was so impressed ment the Senator has ma

ested in some one of the several aeronautic associations. Does 1\Ir. WARREN. Has the authority been recalled? the Senator mean to intimate that he has any knowleuge or 1\Ir. HITCHCOCK. Not that I know of. I assume that 1\lr. information that Mr. Borglum was interested in a financial Borglum has not been able to lay before the President nny way in the manufacture· of aeroplanes or in anything of that information more definite and certain than that which he was kind or in getting contracts? able to give to me, and, from my knowledge of the information Mr. · THOMAS. I did not so mean when I said I heard he that the committee had, I knew that such material as he had was identified with one of the aeronautic associations of the gathered would not be of any great additional value. The com­ country; but, since the Senator has asked that question, I may mittee was not engaged in an effort to blacken the reputation say that some members of the committee have received informa­ of any individual; the committee did. not want to make a scape­ tion that Mr. Borglum is not f'ntirely disinterested from the goat of anyone for the partial failure of the aircraft produc­ standpoint of a potential manufacturer. tion. The committee was more interested in bringinu about n l\1r. BRAl\TDEGEE. nut is it in.formation, or is it suspicion, reform of the organization which was in part respon ible for or a mere charge? the failure of production. So the committee made this recom­ 1\Ir. THOMAS. I am not at liberty, 1\Ir. President, at this mendation: time to give the Senator the source of my information. Your committee believes that the production of aircraft should be controlled by one executive officer appointed by the President and re­ 1\Ir. BRANDEGEE. Of course, I uo not want to cross­ sponsible to him. examine the Senator. Mr. THOMAS. I hope to be able to do so later on, and I would That official the Presis or engines should be permitted to act us speak to the matter that has already been somewhat discussed, adviser or to be in authority. I will not call for the reading of the amendment, which relates That recommendation of the committee was due to the fact to an entirely different matter, but will yield to the Senator that certain information which had come to the committee indi­ from Nebraska. cated that certain members of the Aircraft Production Board l\Ir. IDTCHCOCK. Mr. President, a:o:; the Senator from Colo­ and others with some authority had possible interests in com­ rado [l\Ir. THOMAS] has stated, the Committee on Military Af­ panies enjoying large contracts. 'Vhile the committee had no fair did not neglect altogether an investigation of the state­ evidence that this had infiuenced them o-r had contributed. to ments made by Mr. Borglum. I had several intervie\\s with bring about a failure of aircraft production, the committee felt Mr. Borglum personally, and I spent an evening with him g9ing that there should be no suspicion of that sort, and that here­ ove1· his p~pers. I believe I can state fairly that he has no after the rule should be adopted that those in authority in the valuable information that bas not already in some form reached manufacture of a~rcraft should not in any way, direct or indi­ the Military Affairs Committee. rect, have an interest in the production of aircraft. Mr. Borglum received in January a letter from the President Mr. McCUMBER. Mr. President, will the Senator allow me authorizing him to make certain inquiries and directing officials to ask him a question? of the War Department to give him certain facilities for making -Mr. HITCHCOCK. I yield. an investigation. 1\lr. Borglum endeavored to do so; he gath­ 1\Ir. McCUMBER. The recommendations, of course, are very ered a mass of material which was, in my opinion after I had good and so self-evident that we can hardly understand why it examined it, not very dependable. He advised me at the time would be necessary even to ::nake such recommendations to the that he could place before the committee very definite informa­ proper department; but it seems to me that the particular thing tion if the committee would exercise its power to subprena wit­ we are all interested in, and which I hope the Senator, while nesses and compel their attendance and the giving of testimony. he is on his feet, will tell the American people, is, What have I told him the committee would be glad to do so if he would we got to-day for the expenditure of $640,000,000? Has the furnish the names and addresses of the individuals. Mr. Borg­ money been burned up? Have some profiteers picked the lum told me that he would do that thing, but, for some reason pockets of the American public and taken that money and given or other, although called upon several times, he failed to do it, no return? Have we got a single machine, or what have we got and I assume that he did not feel sure enough of the informa­ to represent this enormous expenditure of $640,000,000? tion which he said he had, to furnish tne names. Had the in­ The public are asking this question. We would like to know formation been reliable it might have led to criminal prosecu­ what our assets are ip the shape of machines. tion, and if found true it would h~ve reflected upon individuals 1\Ir. HITCHCOCK. Mr. President, my recollection of the fig­ in public employment at that time. The committee, in view of ures is that something like $50,000,000 has been expended in the the fact that 1\lr. Borglum faileu to give the names and ad­ purchase of property, including the fields upon which are lo­ dre es of the 'individuals who might be subprenaed, did not feel cated the various schools for aviation. Some of that, I regret justified in going any further than it did go. to say, has been unwisely expended. The evidence also showed, 1\Ir. President, let me also remind the Senate that the commit­ and this report shows, that something like 3,500 machines for _tee bas investigated thi: matter and has made· a report with a training purposes have been constructed, and most of them are definite recommendation. ~o that the recommendation has or have been in operation. The evidence also shows that we substantially been adopted by the President. I want to read a have graduated about 2,000 aviators from the primary training paragraph or two from the committee report to the Senate- schools. Some of them have had final training, or advanced 1\Ir. WARREN. Mr. President, may I ask the Senator a training, and are actually flying in France at the present :ime. question? .Mr. McCUl\1BER. Are they paid out of this fund? 1\Ir. HITCHCOCK. Certainly. l\1r. HITCHCOCK. They are. ~Ir. WARREN. What is the Senator's information about the Mr. McCUMBER Is the Senator certain about that? letter l\1r. Borglum obtained from the PYesident? Has it been Mr. IDTCHOOCK. I am not certain; I assume it; but they recalled? certainly have been educated; and the expense of the education, Mr. HITCHCOCK. 1\ot that I know of. the construction of the fields, the consh·uction of the airplanes, 1918. CONGRESSIONAL RECORD-SENATE. 5743 the hangars, nnMississippi! that a statement was made a few evenings ago before the Na- 1\ir: HITCHCOCK. I do. tional Press Association to the effect that large quantities of the 1\Ir. WILLIAMS. I wish to ask the Senator a question. By so-called Liberty motor had been ordered by the British Govern­ way of general preamble I may say that there is very little dif- ment, and were being used by them, and large quantities by the ference between manufacturing a machine and buying it, if the French Government. I should like to ask the Senator if that machine is all right. .I want to ask the Senator how many is true? combat machines we have bought that "\\ere manufactured in l\Ir. HITCHCOCK. A large number of orders for Liberty mo­ Frunce and how many combat machines we have bought that tors have been placed, but, of course, they are subject to test. were manufactured in Great Britain, because I do not want the We are not absolutely confident that those motors will stand the country to rest under the impression that we have only one tests. The Liberty motor apparently is likely to be a machine combat machine in Europe. about equivalent, and perhaps a little superior when finally de- 1\fr. HITCHCOCK. We have contracted for a large number, veloped, to the RollsRoyce Eagle engine, the great bombing en­ but it would be contrary to the public interest for me to state gine of England, a machine weighing over 800 pounds, and hav­ how many have been delivered. I will say that the number is ing something like 400 horsepower. We believe it will be distressingly small. France has not been able to deliver them; equivalent to that machine, but it has not quite attained that Italy has not been able to deliver them, apparently because we yet. We are under contract to deliver these machines to Great did not keep our contract for the supply of raw materials; and Britain and France and Italy also, but they have got to stand although Great Britain is turning o.ut 100 battle planes a day the tests when delivered. she is only able by that means to make up her wastage, so that 1\Ir. NORRIS. They have not got them quite so that they will she has not been able to deliver battle planes to us. stand the tests yet? Mr. WILLIAMS. I saw in one of the magazines-Current Mr. HITCHCOCK. We have some Liberty motors which are Literature, I think-that we .had ordered several hundred successfully operating in this country, and we have some which planes that had been manufactured by France, or in France, have failed; and, as the committee said, they are practically and delivered to us in Frr~ce. just emerging from the experimental state. 1\fr. HITCHCOCK. That is a mistake, I am sorry to say; Mr. NORRIS. Let me ask my colleague another question. and a great many of the publications that have been put out, Do they or do they not expect to use the Liberty motor in the I regret to say by authorized authority, in the United States combat machines? ha\e been gross exaggerations, calculated utterly to mislead l\1r. HITCHCOCK. In the bombing machines, yes; and bomb· the American people, and for a long time they misled the com- ing machines nre combat machines. In the single-seaters; no. mittee. I could tell the Senator, and I will in private, bow The single-seater is a battle machine which must have a ligh.t 5744 CONGRESSIONAL RECORD-SEN.A.. TE. APRIL 29,

powerful engine. The Liberty motor is a heavy powerful en- It changed its motors, it changed its gun mounts, tt changed its guns, gine. its instruments--there were literally hundreds of abrupt alteration · in design. . M r. NOR RI S . I do not think I was quite explicit in my Th se assertions which The World 11110tes are made by William Arth11r question. When I said " combat machine," I meant the rna- Morga.n, of Bulralo, who was vice president and production expert for . th t 1 t th a.i fi h · h' fi h h the Curtiss Co. until last month, when he re igned, broken ln health Ch me a goes n o e r as a g tmg mac IDe, to g t ot er and disgusted in spirits by the long strain of waiting, waiting, waiting airplanes. Do they use the Liberty motor in tho e machine ? for a chance to carry out one ot the biggest jobs of the war. .Mr. HITCHCOCK. The bombing machine fights other air- At Atlantic City, where Mr. Morgan is convalescing, he told a World lane , but-- r eporter yesterday the story of his experience with the Aircraft Board P during the time he was with the Curtiss concern-and an unusual story Mr. OVERMAN. Mr. President, I rise to a point of order. it was. Is this debate on the amendment that is pending? A word about William A. Morgan. For 22 r-ear he was with Swift & The VICE PRESIDENT. The Senator from North Carolina Co., the Chicago packers, latterly handling 25,000,000 worth of business annually. He became president of the Bu.tralo Copper & Bras Rolling is well aware that anybody can say anything in the United States Mill at the outbreak of the war and built it up from . a buE:iness of Senate on any ubject. $1,500,000 in 1914 to $60,000,000 in 1916, when the American Brass Co. Mr. OVERMAN. But we are acting under a unanimous- bougllt it in. Mr. Morgan is a big production man, thoroughly used to handlin"' immense projects. con ent agreement now. He made several million dollars for himself out of the copper and bra s 1\lr. NORRIS. No; we are not. mill and therefore had no financial interest in getting into the aix- ""CI p plane business. But when offered the vice pr sidency of the CurtiF:s o: The VIC.l1.l RESIDENT. The di cussion is really on air- be accepted fo.r patriotic rea ons. lie thought he could best do his bit planes, but it is legally on the amendment. for Amertca by helping to get out part of the • enormous fleet" of air- l\fr. OVERMAN. I under tand that. I thought perhaps more planes which the Government talked enthu iastlcally about oon after thnn 20 minutes had expired. we entered the war. Mr. Morgan arranged to give-and did give-his Curtiss salary to the Red Cross. The VICE PRESIDENT. No; the Chair will keep the Sena- Mn. MORGAN's sronY. tor's time. "I joined the Curtiss Co. on July 16 last," Mr. Morgan said~ "After 1\Ir. NORRIS. Let me ask another question while I am on my sizing up the x;ossibilities of the concern and talking to its staJf of ex- "., uf tur' b b' 1 · th' pert we went to Wa hington and consulted with th Aircraft Boanl as f eet. .n .te we now man ac Ing om Ing Panes m IS to the number of airplanes we could turn out. We figured conserva.- country? · tlvcly that we could produce 3,000 pur uit planes and 1,000 bombers Mr. IDTGHCOCK. We are beginning to. from January 1 to July 1, 1918. The members of the board said th:lt 1\Ir. NORUIS. Are '\Ye manufa<'turing them to such an extent if tbe 640,000,000 appropriation for our air service went through they would give us a contract for that number of machines. that the output is considerable, and to what extent? "At that time. undet·stand, the appropriation had not yet gone Mr. HITCHCOCK. \Ve have turned out a few De Haviland through. Brit, relying on the word of the board, we hurried back to machines, and we have a lar~e number of Handley Page rna- Bulralo, where I had taken an option on a pi ce of land, and clo ed ~ for lt. The land and the necessary buil' explanation of the delays that have dun ; that is, machines from which th~ pilot fir d from the front nnd "' hl companion bad a second gun which he co11ld fire at any plane occurred, and why they have occurred-the constant cancellation which was chasing him. So ·the Aircraft Board immediately counter- of contracts, and the constant, endles changes and improvements manded our order and set about to get a two- ~ater design. 'l'hey ing from Washinot Perha th at f it · accepted the Bristol, which is an Eng-li h machine. en::lll.na t, 0 on. ps e mfficiency. He had gathered this army of men and was the Government Printing Office was established primarily for the work receiving from 300 to 1,000 applications a day from others who wanted of Congress and ·only incidentally for that of the otbf!r branches of the to be in on t.he big production job. nut the big production job was Government. Congress bas ne-ver relinquisbed its control over this work, virtually Etall£>d. and I doubt if it Her will. It is a!Jsolutely essential that the Govern­ "Any idea that reached here from abroad was seized by those in ment Printing Offic.e should be immediately responsive to the wishes and charge of our air program," Mr. Morgan said. " It was a case of con­ needs oi' Congress, or else that publicity which is vital to ·good gov­ stantly copying something. In our air program, I have found, no ernment could not be insured the people of the country. encouragement is given to American companies and American designers • • • • e • • to produce something of their own. · As a consequence of the failure of the contract system the Govern­ " I do not want to appear to be holding a brief for the Curtiss Co. men·t, in 1860 purchased a private printing plant for the sum of alone. I know that all the others have had the same experience, but $135,000, "with the approval of the .Joint Committee on Printing," as I do "\\ant to stick up for the American manufacturer in general, and directed by joint resolution of .June 23, 18GO. The building in which I want to assert that we Americans can-and will, if we are permitted­ this plant was located is still a part of the Government Pt·inting Office, turn out as good airplanes as Germany does, and a great many more being located at the corner of H and North Capitol Streets. That was than Germany can turn out. We can produce enough to blind the the beginning of the Government Printing Office. The original invest­ Kaiser's armies if th0 authorities will let us go ahead. ment of $135,000 in this plant has grown to appro::timately $8,000,000, !\0 TlliCK TO DO IT. 1\Ir. GALLINGER. l\1r. President, I am not g9ing to delay the " It is no trick to turn out ait·planes by the thousands-and I believe Senate in discussing this ·matter. I hope the Senator in charge they will win the war-if the authorities "\\ill only decide what they wnnt. But they hadn't the lnst I beard." · of the bill will accept the amendment. If not, I trust that the "W'hnt is the remedy for the situation?" l\Ir Morgan was asked. Senate will vote in favor of the amendment. This is a business " Stop tinkering and let the manufacturers alone," he replied. "As institution. It is a great work bop, the greatest in the world of Mr. l\Ic~ab, of thE' President's investigating committee, is quoted as saying the other day, if the authorities want to tinker, let them get its kind, and I think it would be a -very great mistake to pass a big tmct of land down in Virginia ana tinker to their heart's content. over eYen to the President of the United States the authority to Meanwhile the manufacturers will be producing." disturb its operations. It is being administered in a very careful " There are between 12,000 and 15,000 men at the Curtiss Buffalo plant," Mr Morgan said, "but they are not proce£>ding with anything way, as economically as it can be under the circumstances, and like tne efficiency they are capable of. They rrre making flying boats in it is being administered especially under the direction of a joint large qunntltles for our Navy and the British-and the Navy," Mr. committee of this and the other body; and in the supervision of Mot·gau explained, " does not tinker. It decided on a model and stuck to it. The r£>sult is it is getting its flying bouts. The company has the work of that institution the appropriations that are being an order for those which wlll run several months yet." made for that institution are so weU guarded and cared for that But, the former vice president asserted vigorously, it should long I can not conceive any good could possibly come in even giving ago have been giving its best energies to the battle planes, and there should be at least 1,000 of that type protecting our soldiers in France. authority to interfere with it in any way. M1·. Morgan was not able to say when the llristols will begin to l\1r. President, I might talk an hour on this subject, because I appear in appreciable numbers. His health gave way in .January have studied it pretty carefully; but I, in common with the because of the strain he bad been under, and be went to California. Returning, be resigned ft·om the Curtiss Co. Marcil 1. Senator in charge of the bill and in common with the Senate in Mr. Morgan is strongly in favor of a separate Government depart­ a general way, am anxious that the measure which is now beforG ment, with its own officers, to take hold of the situation, get down to the Senate should be disposed of, and for that reason I shall business in a hurry, and turn out planes instead of only designs. content myself with the few words that I haye uttered. l\lr. GALLINGER 1\fr. President, recalling the Senate to the 1\lr. SMITH of Arizona. l\1r. President, I will say to the amendment that I submitted a moment ago, I will ask that it Senator from New Hampshire that the Joint Committee on be again stated. Printing is composed of an equal number of 1\Iembers of the The VICE PRESIDENT. The Secretary will state the pend­ House and Senate, and at this time I happen to be chairman of ing amentment. that committee. I see no necessity whatever for the exemption The SECRETARY. On page 2, at the end of line 19, it is pro­ of the Government Printing Office in the operation of tbe powers posed to insert the following : granted thus far in the bill before the Senate. It is true we buy p,·ot·ided further, That the authority by this act granted .shall not all the print paper that the Congress of the United States uses extenu to the functions, duties, or powers of the Government Printing and we exercise the care of which the Senator has spoken. Office. The Government Printing Office to-day, it is fair to say, does 1\Ir. GALLINGER. Mr. President, I have submitted that millions of dollars worth of printing outside the orders of the amendment on behalf of the senior Senator from Ut!:!-h [1\Ir. Joint Committee on Printing. It would be impossible for the SMooT), who on yesterday was culled out of the city in conse­ Joint Committee to supervise the furnishing of the necessary quence of the illness of a son. Over the telephone he asked me paper that goes before that office every day in the year. The if I would, in his name, submit the amendment, and call atten­ result is that the executive department of the Government itself tion to some observations that he made in a very elaborate makes such an enormous demand on that department and in speech that he made in the Senate on l\1arch 12 and 13, 1912, such exigent matters at times that the Committee on Printing ·when the so-called public printing bill was under discussion. can not supervise it, because that department of the Govern­ I am a member of the Committee on Printing, but not a mem­ ment has contracts and agreements with the print-paper makers ber of the J oint Committee on Printing, which consists, as I of the country at a price much less than we have found it able remember it, of the Senator from Arizona [1\fr. SMITH), the Sen­ to get as a bid from the print-paper people. The result is that ator from Florida [Mr. FLETCHEn], and the Senator from Utah in other branches that have to have printing done in the greatest [Mr. SMOOT] . The Joint Committee on Printing has jurisdic­ printing office to-day in the world the work is

Mr. SMITH of Arizona. No; I am glad the Senator called Mr. SMITH of Georgia. \Vould it not rather be lleld, if it Js my attention to it. When I saioted? redistribute functions should be denied to the President in The VICE PRESIDENT. He has not. regard to the Printing Office. 1\Ir. OVERMAN. If the Senator from Connecticut were pres- 1\!r. GALLINGER. That is not the position·the Senator took. ent, he would vote the same way as the Senator from Montana The Senator .said that it would interfere with the President intends to vote: fixing the price. The Senator is mistaken about that, of course. 1\f.r. MYERS. I am informed that if pre ent the Senator from 1\fr. .FLETCHER. I do not know how far it might ~xtend. Connecticut would vote the arne way as I shall vote. I there- It might be held that it limited the authority and power of the fore feel at liberty to vote. . P1·esident by putting it in this bill, so that he could not exer- Mr. GALLINGER. From wbat source does th~ Senator from cise the authority he now has with reference to the Govern- Montana get that information? ment Printing Office. lily remark referred not only to the Mr. MYERS. From the Senator from North Carolina [.M.r. mere matter of fixing the price, but I was using that as an OVERMAN]; but if there is any doubt about the matter I shall illustration. not vote. 1\lr. SJ\ll.T.H of Georgia. Will the Senator allow me? 1\lr. OVERMAN. The -senator from Connecticut is against Mr. FLETCHER. Yes. the amendments and for the bill. i -918. CONGRESSIONAL RECORD-SENATE .

N .r. GALLL ·oEIL Thi amendment wns never pre.-iously fo1·m of government. I do not .know ·that I tnke myself too seri­ presented. ·anLouisiana [Mr. RANSDELL]. am convinced of the necessity, in ·the e::xercllie of my duties as a The result was announced-reas 28, nays 44, as follows : .Member of this body, I beg to be excused. YEAS-28. I am perfectly an::x:ious to coordinate, to cooperate, to concen­ norah FrPlin~buysen Knox Sberill!l:n trate, aye, to consecrate all American power ancl re ources and Bra.ndt>gec Galtlnger Le.nroot Smith. Ga. energies to rhe winning of this war; but, Mr. President. I run Cummins · Ilnle Lodge St{•rllng not willing as a Senator to surrender the functions and responsi­ Curtis Harding MM:..'umber Sutherland Dillingham Hare every necessary war Colt McNary Sbafroth Trammell power we shall also give to him the complete control of our civil Culberson Martin • heppard { nderwood FIPtcher Myers l'hields Vardaman affairs, without let or hindrance on the part of Congress. I run ('rl'rry NPlson Simmons Walsh willing to go to the very limit in the grant of war autho1'ity. Guion Nllt,;f'rrt Smith, .Ariz. Wnrren I want to say m passing, howe\er, that I am not yet convinced H enderson Overman ~mitb. Md. Williams Jones, N. Me:x. Owen Smith. S.C. Wolcott of the necessity. NOT VOTING-23. Mr. President, coordination is the simple t thing in the world. Bankhead Hitchcock Kh·by RePd I venture to ~ive to the Senate a little example which deYelopenro. e Smwt Gore KPne for all time the partisan character of any objection had asked of one bumnu, "Why a1·e you in trouble?" and. se­ to thi~ bill. I note in the roll call that 10 very l'ept·esentative curing its an wer, turned to another bureau which is charged and highly tru~ted members of the mnjority -side, all of whom with the responsibility of relieving that situation. ancl said, are in as eorclinl sympathy with the party in power as tbo...;;e who " \Vhy are not you relieving the troubles," for instance, " of tl1e outnumber them, \'Oted for the amendments propoRed by the Emergency ll'leet Corporation?" Tho e tWo inquiries would ha\e Senator from ~rgia [Mr. SMITH) .and the Senator from Iowa brought about instantly the same coordination that was effected [l\lr. CuMMINS] ; while, on the other hand. on this sicte of the by this chance meeting before the Committee on Commerce. l\fy Chrunber there were seven votes made up of so-called "stand­ complaint is that the executive department of the Government patters" and so-called Progressives. who gave their sanction to has uot given the attention that it ought to have giYen to the the admini~trative wish. So I think it is fair to ~ny that no one problem of coordination. can urge that there is partisan intent back of any objection to I am reluctant to speak .about this bill, because I urn the last the bill. man in the Senate, I know. who is inclined to find fault with I make bolt) to say, 1\lr. President. that if I were in. ph·ed by the administration in this hour of trial. I had ten times rather partisan designs I would urge the speedy passage of this meas­ add a note of confidence to the popular mind than -to cry out with ure; then I -n·ould hold the aclministration everla-Stingly respon­ a single -objection, no matter how well foull(led. I have no sible for everything done; nnd then add to it the greater and grievance against the President of the United States, nnd I hope more serious responsibility of the alteration of the American my statement will not be misconstrued when I say that the chief 5748 OOXGRESSIOX \._L RECORD-SENATE. APRIL ·29;

source of lack of coordination in our 'ivm· ncti\ities is the Execu- }Jr. HA.RDI~G. I thank the Senator, because that is a sort tive himself. Not by de igu-I do not pretend to say that- of an anthlote to a good many things that have been said on this but the Chief ExecutiYe of the UniteU. States ought to under- floor that more or less ruffled my feelings, so we will adjust the stand that we bave finally come to a condition in tllis country account along friendly lines. when eYeQ botly must do not his bit, but his most and his best; Getting back to my theme, the Senator in charge of this bill and in order to do things effectiYely we must have the Execu- and a number of the Senators who ha>e been speaking in sup­ tiYe and the Congress and eYery. bureau working in complete port of it on the floor have quoted a former Presi

At another place in his editori-al Mr. Taft said, referring to Member on either stde of this Chamber to fo11mv every sug~es­ the bills proposed by the Military Affairs Committee: tion of the Chief Executi.-e regarding our institutions of peace. If thE>se bills are not adequate or suitable, why does the President not The PRESIDENT pro tempore. The Senator's time has ex­ sng~est the changes he wi hes in the department and the bureaus and pired. the new offices or agencies he wishes created? If be cr Mr. Raker has If I any definite plan of better .:oordination, why should it not be presented Mr. HARDING. you please, submit the follomng amend­ for consideration by the legislative branch of the Government and its ments, anti I will add:res myself, if I may with the Chair's pcr­ action in a con titutional way? Not one definite proposal of this sort misRion, to the amendments. ha.s been made to Congress. The PRESIDENT pro tempore. The amendments will be Thnt is the suggestion of a former very trusted and very stated. patriotic ,Chief b"xecutive of the Republic, who lmo,vs what he The SECRETARY. In line 10, page 1, after the word "a.gencies,.. is talking about ; and it seems to me that it \\ould be a very Insert the words "baring to do directly with war production or simple matter fo-r the President to ask of Congress the thing the conduct of the war " ; in line 3, page 2, after the word he desires. I said a little while ago that I hope I do- not take "officer," insert the words " having to d.o directly wltb war myself too seriously as a Senator, but I have been thinking production or the conduct of the wa-r "; in line 24, page 2, after of the inconsistency of American argrrment and thought. We the worll "law," insert the words "having to do dh·ectly with Tightfully boast of the Republic; we talk about the inspired ·war production or the conduct of the war "; in line 1, page 3, fathers nnd the immot·tal Constitution, and I agree \vith that; after t11e wortl "officer," insert the words "having to do directly we felicitate ourselves upon the constant p-rogre s in something with war production or the conduct of the war." like a century and a third of American experiment in making Mr. JONES of Washington. The Senator may intend to stable a popular form of government ; in thi' hour of trial and discus it, bnt I merely wi h to a.sk if he does not think that anxiety we say very much about America giving of her strength is coTeved by the proviso on page 2 reported -by the committee? and resources and soul and spirit to make the world safe for 1\lr. HARDL'l"G. No; I do not think so, answeYing the Sen­ democracy; and then, quite apart from that. we have betm very ato-r from Washington. I have taken deliberate pains to make busy in the last few years, under the influence of leadership this amendment as resh·ictive as pos ible and sb"ll give the more or le-ss of kin to the Chief Executive, in popularizing this grant of authority. I have therefore employed the language branch of the Congre s. I think it wns uncle1· the insptration "havin~ directly to ao with war production or the conduct of of l\lr. Brvan that we turned to the election of Senators by the wm·." I will very wi1lingly admit, Senator , that eren in popular vote. Mr. Brran did not di cover that scheme. Hn.rn­ that langua~e the amendment is a very broad one, and that the "ilton advo·cated it in the Con.c;titutional Convention; but we Chief Executive, if he desired so to do, could ren.ch out very adopted the popular election of Senators, and then we sanctified far in the various branches of the Government to exerci e his it out in my State by primary popular nomination, all tl!B while authority on the assumption that it had to do directly' with th~ bringing the Senate a little closer to the people as presumably conduct of the \\ar. But I am willing to go so far, Senators, ns the great deliberative body of the Republic; and then, in spite to grant this authority, and then if there is any abuse of it, of our boastfulness of out· popular form of government and let the blame be oll the executive head. I have never thought the perfection of our plan, the moment we get into emb-arrass­ at any time that the Executiv~would abuse any grant of power ment, the Executive asks the Senate substantially to abdicate. contained in this bill, but it is a ;ery singular thing, Senators, I do not think it is fair, 1\.Ir. President, to any self-respecting if there is no intended exercise of this power, that every ug­ 1\Iember of this body to ask him to vote to put aside the power gested restriction should be declined. I do no-t remember who with which he has been charged in the Constitution, :md the said it, but I want to indorse the sentiment that po"er ou~ht responsibility that comes to him mth the commission ft·om the not be granted unless it is expected to h::rre it exereil"etl. Some· people who sent him here. body has said that more effectively, but you will get the thoug-ht. l\1r. OWEN. Mr. President-- I want, if I can, to share tbe burdens of tllis tremendous tim~ The PRESIDE~'T. pro tempore. ·noes the Senator f-rO'Ill Ohio with the Executive. This bill is so directly involve£1 that I yield to the Senator from Oklahoma? must speak of it. I would like to retain just a semblnnee or l\1r. HARDING. I do. respect for the Congr~ s, not only in the estimate of the Amer­ 1\Ir. 0\VEJ'l. I was only going to make the observation to the icun people, but in the estimate of tho e whom Congre s haq Senator that in the Parliament of Great Britain and in the provided plaees for here in the Capftal of the Republic. I Parliament of France,. \Vhile they did give these great execu­ know of nothing more disgusting to public ser>ice in the Sen­ tive powers to the officers in charge of the Government, never­ ate than the attitude of bure:m he-ads a.nd bureau employees theless they retained at the same time tb~ power, by a vote of toward the Congress of th~ United States. no confidence. to change a ministry and to put in cl1arge execu­ Mr. President. I was in on~ of the departments in Washing­ tive officers who would conduct the affairs of government in ton a few mouths ago when an Assistant Secretary hnd thB accordance with the bettf'r public opinion of the country. We effrontery to say to me, n l\1emher of the Senate, not with per­ do not have that system here. but I think we ought to have it. sonal application, t11at they roulcl get along >ery well "'ith the I think we ought to ha>e an arrangement by which a vote of progress of certain Government undertakin~ if it were not for no confidence could be declared by Congress, and in that way the interference of th~ "numsklllls on Capito-l Hill." leaa to the retirement of any official appointed by the Presi­ I very recently had a much more perturbing el..'"J)erience. There dent to discharge the e great functions, which would prevent is pending in this body a bill propo. ing to approp-rtate $60.000,000 an abuse of these powers by inefficiency, or incompetence, or under a Government housing pt·ograrn. In my State there is a any other objectionable feature. great industry concerned with the con~ trnction of bouses, and Mr. HARDING. Mr. President, I do not want to elaborate their material is very much needed in this program, and it might on the suggestion of the Senator from Oklahoma, but I venture -very fittingly be given at least a square deal, because it coll5erves to say, in addition, if we had either the English m· French the supply of iron in construction. Through some influence Ol' system in this country we would have a different ministry than other the gentlemen who are to hnve tbLg task in charge hnvo we have at the present time. and I am not quite sure but that written in their specifications n condition that bars the indu~tty we would long since have corrected some of the things which from my State from participating in this housing program. it is designed to alter by the passage of this bilL I ventured to address a letter to the department asl{ing if there .l\1r. President, I want to ha>e it perfectly understood tha.t I eould not be a correction of tbe specifications, wWeb should do not want to stand upon the floo-r of the Senate and find fault conform to the municipal building code of the country and with any particuLar bureau or individual in any particular de­ admit this materinl. The henrl of the department to which we partment of the Government. There has been :..;orne direction ru·e to commit the task of spending $00,000,000 had the effrontPry of thought alQ.llg lines very unfair in that particular. Some one in making repty to say to .me, " I hope you ·will ask me to do Tery high in authority has said that the investigations of the nothing further in this mutter." T-hat is the reply of one who is Congress have not been patriotically inspired, and tha.t ' they to spend $60.000,000 of Government money to n Member of the were designed to furnish information for some future partisan Senate who asks only for a square deal and a conserving program adYantage. I am just a tittle weary of the man who talks about in such an undertaking. seeking partisan advantage on the part of a minority. There It seems to me that Congress might reasonably assert itself, bas not been a P1·esldent of the Uq.ited States from 'Vasbington and then if we want to give a real example to tl1e country of to Wilson \\ho had such cordial support on the part of the coordination and cooperation and consecration, let the Chief Congress as the Chief Executive of to-day, and I rejoice to say Executive and Congress get a little closer together. It would from the minority side of this Chamber the support of the not be an anstonislling pectacle-- adminiRtration in all its war measures py the minority has been 1\lr. OVERMAN. I wL.o;;b the Senator ·would state the name of cordial and almo t unanimous. But I do not under tanfl that that man. I think whenever any bead of a department treats a that sort of n consecration to the cause of the war requires a ~enato:r .Qf the United States ills~·espectfully his name ought to 5750 CONGRESS! OX _._-\_L RECORD-SE~ ATE.

be known, and i1e should be cut off the pay roll. I myself have thin..... The bill does not cover up; it is to correct errors. That insisted on that cour8e. is what it is intended to -uo. lUr. HARDI::\iG. It is no trouble at all. I am gluu to oi.Jlige l\lr. HA.RDING. Let rue see if I can make it explicit. There the Senator. I refer to l\lr. Eidlitz, who has charge -of the haye been numberless· error· on the 11art of department heads hou ing proo-ram. an

use to put anything else in? But some Senators had a doubt The PRESIDING OFFICER. Does the Senator from North about it-und said it should be more specific. Now, what should Carolina yield to the Senator from Georgia? we do? Listen: 1\lr. OVERMAN. I am always glad to yield to my friend from That the nuthoi'ity by this act granted shall be exercised only- Georgia. Absolutely. 'Ve put the word "only" in there-- 1\Ir. S::\UTH of Georgia. Under the bill the power is gi\en to That the authority by this act granted shall be exercised only in transfer the duties of offic~rs confirmed by the Senate to officers matters relating to the conduct of the present war. who have not been confirmed by the Senate. Does the Senator We hnve to trust the President to cari·y out the law. think we yield no responsible authority when we permit the 1\Ir. President, we also have another limitation. The Senator functions of the Government to be transferred to men who ha\e from Ohio objected to making it 12 months. I told him that I not been confirmed by the Senate? was willing to make it 6 months. I believe the Senator from 1\Ir. OVERMAN. The function Congress has already pro­ Washington also raised that objection. That was limited. nded. It is a question of law that I am talking about. Sena­ 'Vhat other limitation is there? This whole act ceases to be tors say it is an abdication by Congress when it is on1y the law of effect after the war. It is limited only to the war. Congress has passed that we permit him to exercise. :Mr. HARDING. 'Vill the Senator allow me? 1\Ir. HARDING. I should like to give the Senator from Korth The- PRESIDING OFFICER CMr. Po::u:EREKE in the chair). Carolina one example. When we were discussing the war Does the Senator from North Carolina yield to the Senator from finance corporation bill the Senator went to a great deal of Ohio? trouble to arrange that the licensing committee should be under 1\Ir. OVERMAN. I yield. the control of the Senate in respect to confirmation. If this bill Mr. HARDING. If that is the real purpose, and I accept is passed, that authority can be transferred by the President the Senator's statement, what can be the real objection to mak­ of the United States and the Senute can not say him nay. We ing it more emphatic? will huve no more to do "\\'"ith passing on the qualifications of 1\Ir. OVERMAN. I think it is more emphatic now than the that bureau than on some institution over in China. Senator's amendment would make it. I think it is emphatic, Mr. OVERl\IAN. As I said, when we transfer it to some other and I am opposed to the amendment. I think it only confuses man he exercises what power? No more and no less than the by adding the same words in half a dozen sections about the statute gives. Senators talk too much about men. Senators same thing. That is why I am opposed to it. talk about Mr. Creel and talk about confirming a man. Un

tain transfers of power. Who is tbe Presiuent? He is the Ex­ essential to the public wel1:are that they shokid be suspemled, ecutiYe under tht' Constitution. Congress makes the laws; the we can certainly pass a ldicate the powers when it lms already given them? effort to delegate power. The law was to have no e:l:'rect except It is only for the purpose of transferring a power that Congress upon the will or dJscretion of the President; yet the ~upreme . hn given. Court of the United States held' that, we having selected an Mr. llRANDEGEE. Because Congress has given powers to agent upon whose discretion we were willing to rely, and hav­ specific agencies and department~ now you propose to allow the ing designated that, his discretion being in full force, be should President. under the guise of calling it rules and regulations, suspend or execute the law, it was not a delegation of power, to make new statutes. because Congress itself had said when it should go into effect, Mr. llORAII. Mr. President-- to wit, upon the discretion of the President, and when it The PRESIDING OFFICER. Does the Senator from North should not be in effect, also dependent upon the discretion of Carolina yield to the Senator from Idaho? the President. It seems to me that we have not dime any­ Mr. OVERMAN. I yield to the Senator. thing_more than that here; indeed, I do- not think we have gone ~fr-. BORAH. :rt.Ir. President. I suppose what the Senator neru·ly so far. from Iowa [l\Ir. CUMMINS] and the Senator from Connecticut I hope the Senator will bear in mind that when a trnn fer [Mr. BnA.NDEGEE] mean is that we are attempting to abdicate does take place, when a function is transferred, that function legislative powers. must" be functioned according to the taw which we have ma(le. Mr. BRANDEGEE. Yes; impotently. The Supreme Court If all the duties of the Department of Ju tice were transferred of the United States will attend to it. though, after we get to the postmaster of Washington, he would sti11 have to perform through. I have no doubt of that. those duties and functions in accordance with the law which we l\1r. BORAH. In other words, there is no such thing as the have made. The agency would simply be changed, and lt legislatUre in fact delegating legislative powers. We may at­ would be changed solely upon the authority of and by reason tempt it in this bill-though I do not think we are-but if we of the instruction of the Congress of the United States. are attempting it, we are attempting a vain thing~ because it I am frank to say that when this bill :fir t e::rme up for con­ ·wm ultimately be declared so. I do not care to enter upon an sideration this was the one proposition with which I was con~ argument at length of this question, but I desire to say that I cerned, because I made up my mind, if it was a dele..,.ation of dQ not think we ru·e abdicating any legislative power: power, not only we should not make that delegation but we There ls no doubt, Mr. President, but under the decisions should not attempt it. Listen to this language--- ,.. ,hich have been rendered by the Supreme Court time and Mr. THOMAS. May I ask rrom what the Senator is going to time again since the Aurora case, away back in 1807, Congress read? could, for in tance, pass a law which would authorize the sus­ 1\lr. BORAH. I shall read· from Field against Clark, in One pension of the functions of any one of the depa.rtm.ents, or all hundred and forty-third United States. the functions of a department, if the President should deem it SEC. 3. That, with a view to secure reciprocal trade with countries. froducing the followin§ articles, and for this purpose, on and after the in the public interest to have them so suspended. It has been 1 decided time and time again that th~ functions of a lnw may bet ~~tfilfu:f~·e 8o~e=~~t!)ri ~~ ~~~;:; ;io~~~~e!~%~t~!~ entirely suspended upon the judgment of some agency desig­ ing sugars, molasses, cotree tea, and' hidl:'S, raw and uncured, or any of be such articles, imposes duties or other exactions upon the agricultural or nated by the Congress to determine when they should be sus­ other products of the Un1ted States which, in vif'w of the free introdu~ pended. And that determination may rest upon nothing more tlon of such sugar, mola!!SeB, coffee, tea, and hides into the United than that he deems it in the interest of the public welfru·e. If States, he may deem to be reciprocally unequal aner the emergency passes, which re­ quite agree with the Senator upon that point. Again: quired this exercise of power. Now, to say that this bill amounts By the act of February 0, 1799, to remit and discontinue, for the to a surrender of legislative power to the President is also to say time being, the restraints and prohibitions which Congress had pre­ that when the President approved the appointment of Gen. Foch scribed with respect to commercial intercourse with the Freuch Re­ he abdicated and surrendered his power as Commander in Chief public, " if he shall deem it expedient"- of our Army in Fram·e ; yet that seems to me impossible. There Expedient- is not a man in this body, Mr. President, who does not com­ " and consistent with the interest of the United States," and " to re­ mend with all his heart the appointment of Gen. Foch and the voke such order whenever, in his opinion, the interest of the United approval of that appointment by the President of the United States shall require." States. In other words, Congress placed in the Commander in Chief Mr. VARDA1\1AN. l\lr. President, it is not rny purpose to con­ of the Army and Navy in the crisis which confronted us in our tinue at length the discussion of this question; it is manifest to relations with France the sole power of determining when com­ me, from what has transpired in this Chamber, that the Senate merce should come into this countTy and when it should not. has made up its mind, and is only waiting an opportunity to Mr. President, I do not think this bill goes even so far, because, express to the 'vorld its conclusion an

I wish to say, at the outset, Mr. President, that one of the most lished as the result of time, trial, experimentation, and tile best gratifying signs of the times is the utter absence in the Senate judgment of American statesmanship, and which do not relate of partisan spirit an<.l parti an bias in considering measures that to the conduct of the "-ar. I am quite S\}re the distinguished hm-e to oards or interfere in any way 1vlth the l\1r. President, the shallow-brained creature, drunk with ego­ orderly performance of their respective functions. tism, suffering with an acute case of autogeneal infallibility, Now, if it is an expression of confidence in the President who pretends to po ·e s a corner on all patriotism, while ques­ that you desire, I am willing and rather prefer that the confi­ tioning the capacity of other Senators to understand the great dence be expressed in a measure which could po sibly do no measures that we are consitlering, and also sneeringly expresses harm, and I might add if a re olution embodying that iden shall doubt ever and anon of the loyalty of his fellow , fills my soul be introduced I shall with great pleasure vote for it. with mingled feeling of pity and contempt. It is the habit of It bas been said by the able, eloquent, and splendidly equipped this creature in his intercourse with his fellows to-- Senator from Georgia [l\Ir. SMITH], the erudite, eloquent Sena­ Damn with faint praise, assent with civil leer, tor from Colorado [1\lr. THOMAS], and the profound student of. Anrl without neering teach the rest to sneer; public questions, the junior Senator from Alabama [Mr. UNDER· Willing to wound, and set afr:lid to strike, wooD], that we are not legislating with the view of ha>ing the Just hint a fnult, and hesitate dislike. laws C:'uforced solely and exclusively by the present ocrupunt In all the annal of the world's history this peculiar type of of the White House. Mr. President, we must realize that the man has been developed, the unfortunate incident to an abnor­ tenure of man on this earth is limited. In the midst of life we mal state of thing . If I may be permitted a per onal reference, are in death; changes come with marvelous rapidity ; and tragic I should like to ay that I have made it a rule of conduct mutations characterize the course of everything in this life. throughout my entire life to concede to e.-ery man freedom of If the sil>er cord which binds Woodrow Wll ~ on to earth should thought, honesty of purpo e, and the unproscribed privilege of be snapped, we do not know who will succeed him. We do not . free speech. hly knowledge of human nature causes me to know what influence may control the directing hand. We do indulge the presumption that my fellow man in the main is not know what disasters might be in store for the country if going to do what is right or is doing the proper thing under the that sad event-and God save the Republic from such a dis­ cu·cumstances according to the lights before him. I ask for aster-should befall the Nation. It is well, therefore, at all myself no more than I concede to my fellows. times to legislate with prudence, and I submit more necessary Much has been said about the defeat of this bill being con­ to move with care and cu·cumspection to-day, in the shadow of strued as questioning the ability, integrity of purpose, and pa­ a world di aster, than in normal times. The \\orld is mltL daft, triotism of the President of the United State . For myself, I crazed with a blood lust and greed for gain; a torm rages in uesire to say that I regard the present Pre ident of the United every brain; and the accelerated heartbeat , on account of the States as a man of unusual ability, of wide reading, profound succes ion of disasters which come to us on every wind, renders study, and as a man of letters the peer of any living American. impossible calm, dispassionate thinking. His genius for expression, coupled with the maturity of his I would confer only such powers as are absolutely nece sary ideas upon matters generally, make his speeches and writings to the successful conduct of this war, and I would confer these most attractive reading; but I do not think Mr. Wilson, with powers only as they are needed. If it shall appear that further :tll of his learning, capable of grasping in detail the great powers are necessary to be conferred upon the Chief Executive, multiplicity of questions or functions which must necessarily let Congress remain in session and stand ready to delegate those be nerformed at this time in the name of the President. No powers. human intellect could possibly grasp and comprehend all of The learned Senator from Massachusetts [Mr. LoDOE] an­ these que tions, and he must therefore necessarily delegate nounced a few uays ago, in a very able and eloquent speech de­ authority to some one else, and that some one else is going to livered in this Chamber, that- use the authority dele~ated according to hi conception of the the whole tht>ory o! the democratic governir-~ t is that the people in­ requh·ements of the situation, and, I fear, in many instances trusted with power should be ca1·efully limited, because the theory ot not in accord with the high ideals, not always in keeping with our ancestors-and it is a good theory to-day-was that human nature the ethical principles and the broad patriotism which must is too weak to be trusted with unlimited fower, and that when it is in­ necessarily influence the President and characterize his conduct trusted with unlimited power the rights o the people are in danger. in llie performance of his peculiar functions. It is a mistake And let me say that every word the distinguished Senator for the Congress to legislate with. the idea that the person who uttered quoted above is pregnant with vital, e ential truth. is to administer or execute the law is posses ed of omniscience The immortal Thomas Jefferson, the variety of whose in· or the godly quality of infallibility. There is no divinity which formation, far-reaching vision and superi:> judgment surpas ed hedges about the officeholder that exempts him from the errors any statesman of modern times, who liveill were not induced by any lack of confidence in the integrity, "The will of the people is the only legitimate foundation learning, or patrioti ;m of President Wilson. They were induced of any government and to protect 'its free expression should be rather by a desire to preserve free government and save for our fu·st object. * * * The first principle of a good govern~ posterity our constitutional system unimpaired, and transmit to ment is certainly a distribution of its powers into executive, the generations to follow the glorious heritage which our fore­ judiciary, and le~islatiYe, ancl a subuivi ion of the latter into fathers bequeathed to us. I am going to indulge the pre­ two or three branches. * "' * No government can continue sumption that the President is going to do his duty as· God good but under the cont1·ol of the people. * * * Prudence, gi>es him the power to understand it. If I ever had any indeed, will dictate that governments long established, should doubt about the President performing his duty under the not be chimged for light and transient cau es. * * * Unless powers conferred by the pending bill tho e doubts were removed the mass 1·ctains sufficient control over t1wse entrusted •with. wllen the able, indu~·trious, and pertinacious Senator from the poteC?'S of their go1:ernment, these will be 1>erverted to their North Carolina [Mr. OVERMAN] gave the Senate the assurance own opp1·ession, and to the perpetuation, of tcealth and pou;er that the President would not interfere wJth the Federal Reserve in the ind·ividttals and their families selectecZ tor the trust. Bourd, tlle Interstate Commerce Commission, or, indeed, any Whetl1~r our Constitution has hit on the exact degree of con­ other of the agancies of government which have been estab- trol necessary is yet under experiment; and it is a most en- 1918. CONGRESS! ONAL RECORD-SENATE . 5755 coun• ;...'in~ rPflN·tion tllnt di. tnnre nncl oth~1· cliffirnlties serm·ing will not be acted on. They are before committees of the Senate u a~ain . t thP hri~:liHl ;:!O\·emmcnts of Europe. in the safe en- and Bon e. hanng been introduced by prominent nntl influential joyment of our fal'lll." :tnt! tire.· itles. the ex.pt>rimt>nt stands u !\fernbers of this body anti the other one, and I apprehend tllat lJett e1· cha nee of !Jcing ~ntisfnctorily made here than on any they may be pu. hetl for consideration before we adjourn. occasinn yet prc.enteu hy history." The first is House joint resolution 2GS, introuuceu by l\fr. I mi;:!ht prorecd without limit to quote from this inex- A.n.Es, of Kansas. I am not going to reau the cutire joint hau tible storehouse of \n <1om; but the above is l'Ufficient to resolution, but \Vill content myself by reading four or five lines make clea1· my iden. nusi nre nil familiar· with the wPalt- Mr. President, I suppose that after Congress passes that ne ses of humanity, the fnllibiHty of the flesh. We know the mPasure, if we should do so, it will be said that we hn•e not miditY \\ith \\'hH·h mun L in ·lined to r<:'af'll out fo;· more power. given additional po'\'rers to the President of tlle United States. and '~e know from the stories of the past just whnt the am- We ·will huYe simply put him in the business o:!: buying n.nd bitions of men have cost the masses of humanity in blood and selling the products of the:> farms-that is all-and I am opposed treasure. I "·ould limit the President's authority us I would to it. But it will be said that i · nece ary for tlle national limit tl:e authoritJ of the Members of this hod~· and of the defense and the security of our country, and that we should other House in the performance of their official functions, and do it. 1 do not like that kind of legislation. It is not the kind I "·ould he more careful in fixing those limitations under present of legislation that we ha•e had in the pa t. It is not in con­ conditions than I would in normal times. The stream has sonance ' with the fundamental ideas of our gove-rlliDeBtal overflowed :ts banks; the flood rushes ruthle. sly to tlw Rea; system. it i._ therefore well. if \ve would suve the farms and happy I have been much disturbed, Mr. President-! have made no homes thut dot the landscape in the valley, the dikes talk ahont it because it is not. -rery important what my opirtion should be mncle stronger and stronger still. Tbe only person may he on tlle subject-when I bave read that we are going that we ('Hll afford to ~riYe unlimited power. or rnther, unpro-· to force upon the countries of Europe democracy, or the priu­ scribed freedom of action, is the private citizen, who is the ciples of. c)emocracy, which means, if it means anything, the source of all power in this Republic. But it seems to me, system of government that '"e have in the United States; that Mr. Pre~itlent, thnt the prinltc- citizens. whose toil proes. 1\Iy con­ time of peace. and whose strong arm· is keeping uloft the cern has been that while we ru·e trying to do tllnt, if we accom­ Nntion's flag in the war-cursed State of Fr}mce, is the only pli h it, we are in danger of fa tening upon our~ own country person who.:~e functions. whose vrivileges, whose rights, the a system of autocracy such as the world has never known before. Congress is inclined to cm·~ail or limit. It may be said that it 1s only for the war. That may be for But. ~lr. President. the vote taken on Saturday inrUcates the 1 year or for 10 years, God only knows; but 1 do not be'lieve temper of the Senate on this measure. I nm going to accept that we ought to abandon t110se principles for which our fore­ the judgment of the Senate. and r am going to Yote for this father fought, and for which the Go•ernment fought during bill, whate,·er amendments mny be adopted. If the President the Civil Wnr, and for which we ha•e stood in all history in thinks he neecls tl1e powers to succe.~~fully conrlnc-t the war, matters of legislation. I am going to resolve the doubt in favor of the hill and let 1 turn 'to another bill-and I am only going to talk for two him lm n~ them. I trust that all may be well fm· the Republic or three minutes, 1\Ir. President-Senate bill 4152. I want to in tlle enu. I am determined that it shall not be said of me, read tlte first provision of 1t. It is a bill introduce.ct by no less after we have entered this war, that I have denied the President a personage than my good friend the able Senator from Oregon any power thought neces~ary to bring success to our arms. [1\Ir. CHAMBERLAIN]. I presume that he introduced it on his Congress has imposed upon the Chief Executive enormous own responsibility. I do not know whether that is so or not, responsibilities. They are enough to crush a weaker man. bec:mse it Is a very· difficult matter for us to know exactly I hope the P1·esictent, in the providence of· God. may be able where to place respol)sibility in reference to bills that come to mPet the requirE>ments of the moment and to prevent (Jesign- before us for consideration at the pre ent time. This bill ing politic-inns ~nd job hunters who flock around him llke the provides·: vultures around Prometheus, from taking advantage of the UD· That the Pl"esident be, nnd he hereby is, authorized, either directly settled conditions of. the pre ent to promotP their pecuniary or through such executhe department ru· agency as he may designate, interest and priYate political a~pirations. I hope the President to take over for and on behalf of the Dnited States from time to time 'II l bl t I' t 1 t th ·· ht 1 t t b h' d during the present war the posse sion and use or ownership of any \"\'1 )e a e 0 IS en on Y 0 e ug eous an( 0 pu e 111 · and all personal property and suca usc of, or such right, title, and him the dangerous ach-i ·ers who will take artvantage of this intere. t in and to~ any and all real property, or any p:ut or portion emer~ency to promote their own well-being. at the expense of the thereof. as m his opinion ls necessary for the national security and public intereRt. I want tfip President to have every concei\able defense or the conduct of the Government. power neces. ary to meet the obligations whJch have been im- Mr. President, that is a sweeping and drastic bill. It proposes posed upon him, and I shall not with my vote \vitbhold from to pass over to the PJ·esident of the United States the right to him any le::titimate, proper author1ty which the exigencies of the tak~ over not only the real estate of t11e citizen at his sweet hour demand should be conferred upon him. will, but the ri~ht to take over the personal property of every Mr. GALLINGER. Mr. President, t:tis bill is soon to be citizen of the Republic, if he sees fit to do so, upon the plea passed, I apprehend, and I hope it will be pretty nearly the end that it will aid him in the successful prosecution of the war. of legislation of this kind at this session ot Congress. I suppose that means tllat in the case of the accumulations It surpriRed me very much to have the. Senator from North of the citizen, the bank- accotmt of the c1tizen, the money that Carolina [1\lr. O>EnMAN], the acting chairman of the committee, he has accumulated through long years of hard labor and which say that we have not delegated any additional power to the he ha put away for the protection of his family or perhaps for President in the bills thnt we have been pasRing from time to himself in his old age, tlw President of the United States can time. I do not believe the Senator from North Carolina can reach out his strong hand and tdke that propet·ty and use it make the count1·y believe that, notwithstanding he apparently as he sees fit, under the unsupported plea that it '\\i.ll aid him has persuaded himself on that point that such is the fact. in prosecut11,1g tile wm· to a successful issue. It is a tremendous Tllis very day a very prominent I\rember of the majority made power, but yet I apprehend that if that bill shall pass-1 hope the suggestion to me that he hoped, after this bill had passed, it may not-Senators will say, as they are saying regarding that we could look after the appropriation bills and adjourn the so-called Overman bill now under consideration. " \Vhy, that Congress. I said to him that that met with my cordial approval, is not giving the President any great power. It is not adding and that I trusted the majority would so shape matters tllat we to his power to enable him to do that. He ought to be given could get away from the heated term in Washington in a rea- absolute anrJ unquestioned authority to do anything and every­ sonable time this summer. But, Mr. President. looking at bills thing, so far as the citizen is concerned, that he sees fit to do lying on my desk, it seems to me that if we are going to take up as Cpmrnander in Chief of the Armies and Navies of the United some other bills that have been introduced by cli~tinguL

:Ur. GALL1NGEU. I will senrl it to the Senator. sponsibilities are and what his troubles are~ I knew Abraham :\fr. KL"\;"G. But I apprehend that it mu t be drawn upon the Lit1Coln, and I know how he felt at certain ci·itical times during t heory that the President of t11 e United States is authorized the Ci>il War, because I myself saw the teats course down his to exercise, for and in behalf of the Go\errnnent and as the cheek iri a great emergency; and I have no disposition whatever agent of the Government, the power of eminent domain. The to embarrass our present Chief Executive in the prosecution of Senator knows that in eYery State of the Union public-utility the war in any reasonable and proper way. But I say again, corporation.· have the power to exercise the right of eminent 1\Ir. President, that I think we ought to be very careful, we domain, and they may condemn real estate, and they may con­ ought to take counsel with ourselves, laying asie him legislative authority, if me, for which I shall be responsible to my own people and to legislati>e authority is necessary, for that purpose. the country; and I hope that every Senator will conscientiou ly )Ir. GALLINGER. l\Ir. President, in view of the argillnents and honestly cast his vote in the interest, as he sees it, of the that ha>e been made by other Senators, I am not surprised that great fundamental principles of our Government, and the ller­ the Senator from Utah makes this argument to-day. It is in petuity of our institutions. line with what we have heard on the bill that is about to pass­ l\Ir. CUMMINS. Mr. President, when upon a former occasion that no matter what power we give to the President of the I expre sed the belief that the authority sought to be granted United States, he will exercise it wisely, and, as the Senator to the President in this measure was beyond our constitutional now suggests, he will have a right to exercise it without our power, I did not enter into the discussion of the subject at any authority. I do not believe so. The Constitution provides that length, first, because my mind was chiefly concerned with an­ no propeTty shall be taken from the citizen without due process other phase of the matter; and, second, because I was perfectly of lnw, but now it is proposed to do that very thing without aware, as I am now, that in the juncture in which we find our­ reference to the pro\ision of the Constitution. selves every Senator will discover constitutional ground upon I say to the Senator :from Utah, and I say to the Senate, that which to plant himself for the performance of any act which he when we put into the hands of the President of the United thinks ought to be performed. I am not willing, however, that States, if we ever shall, the power that is embraced in that bill, the debate shall close without putting on record a restatement to take possession arbitrarily and ruthlessly of the real estate of my views concerning our constitutional authority to pas tile of the citizen and the personal property of the citizen without bill. I am moved to do it because the entire discussion since any. process of law, we are putting in the ];lands of the Presi­ that time has misapprehended and misconstrued wholly the posi­ dent a power that, in my judgment, has rarely if ever been tion I attempted to take. heard of in the history of the world. For that reason, as I said This measure is not an abdication of legislative power in any a moment ago, if we are to adjourn this session of Congress proper sense of that word. It is an abdication of legislative within any reasonable time, I hope these two bills, at least, will responsibility, however, in the complete and perfect sense of the not be pressed for consideration, because if they are I feel word. It is an attempt to delegate to the President legislative sure that the length of time that has been consumed in the power, and I reach that conclusion-and I shall be very brief consiaeration of the bill upon which we are soon to vote will about it-in this way: be but a small portion of tne time that will be taken in dis­ The net of transferring powers and functions from one office, cus in~ the two bills to which I have just called attention ; and whether cr·eated by the Constitution or by statute law, to an­ I might enlarge the list, because there are other bills of a other office, likewise created by the Constitution or by statute similar character lying about my desk, and which we are told law, is a legislative act. There can be no reasonable contro\ersy we should support because, forsooth, the. President wants it with regard to that proposal. Otherwise we would ha-ve no done. That is the crux of the argument, and I reject it as ab­ powel't we would have no authority ever to accomplish a pur­ solutely unsound and dangerous. pose of that kind, and that we have the power is manifest by ~Ir. President, in the legislation of this session, and also of simple reference to its constant use by legislative bodies. the last session, we have very largely taken from the legislative Whenever the transfer of the powers and functions shall department of the Government the powers granted to that de­ occur, therefore, under this bill :from one office to another or partment by the Constitution of the United States, and passed from one officer to another, the transfer must be accomplished them over to the executive department. I can not, by any pos­ by the legislative will. If this bill proposed that the func­ ::; ible course of reasoning, reach any other conclusion than that. tions or powers of one office~. say the Secretary of War, should It may some time become necessary to change our form of gov­ be transferred to another officer, say, tl1e Secretary of the ernment, but it does not exist to-day. No one can state what Navy, but that the law should not go into effect until the the emergency in this counh·y will be in the future, and we President determined the existence of some event or some may be driven to do unconstitutional things to save the Govern­ fact upon which the transfer should take place, it would be ment. As we scanned the newspapers this morning, and read a legislative transfer and not an executive nansfer, and the the declaration of Lloyd-George, every one of us was forced to law would be wholly constitutional. the conclusion that there is a great peril facing the United If, however, the bill admits the construction that it places in States at the present moment, and that we undoubtedly will the discretion of the Executive the authority to make a trans­ have to resort to extraordinary means to support our armies and fer of all the powers of the Go-vernment in and amongst its our navies before thi war com~ to a conclusion. I am willing ~ffices and officers, then the transfer when it takes place is to go to any reasonable extent along that line, but I do not be­ not a legislative one, it is not in accord with the legislative lie\e this bill is calculated to accomplish that. I have voted will, it is not dictated by the legislative judgment, and it be­ for eYery so-called war measure that has been presented to comes an executive act, and in my judgment is not warranted Congress. I left my sick bed to come here to vote for the by the Constitution. c.leclaration of war, and I want to aid the President in every I am not prepared to admit that we could pass a law which reasonable, proper, and ·constitutional way in the conduct of '\YOuld declare that whenever, in the judgment of the Presic.lent, the war; but I am not willing ta abrogate all the po,vers, the it is for the public welfare that the functions and powers of functions, the rights, and the duties that the Constitution im­ the Interstate Oommerce Commission should pass to the Fed­ poses upon the legislative branch of this Government, and pass eral Reserve Board. But e\en it should be ·so admitted this is them over to any other department of the Government or any in­ not such an act. The transfer that we authorize here is not cnt founu by in orne conclusions that I have reached regarding that matter, the President to exi t or to have occurred, not upon the oc­ but nev.erthele s I have been persuaded-and I have been unable cm·rence of any fact which he is to disco,er, adjudge, and pro­ to er been written by the Supreme Mr. President, that is all I care to say. I do not want to Court upon this subject ns far as W\:. haYe gone along that line obstruct the· President in the performance of the great duties simply confirms my <'OnYiction that tllis particular mea -·ure is that are ' imposed upon him. I fully understand what his re- not in· harmony with the Constitution. 1918. COrTGitESSIOl T 1\L liECOl{D-SE TE. 5757

I ha YC said so ¥:tuch becuu e I wanted my Yiew to be unuer­ 1\Ir. GETIB.Y. I have a general pair wifu tile Senator from stood, and if it eY r becomes material in the future I wanted my New York [1\lr. CALDER]. I transfer that pair to the Senator ntti tning >oted in the affirmative). I a.m sugge....'-ted anu the Seereta.r:r will call the Toll. informed that my transfer has been arranged in some other 'Ibe Secretary called the roll, and the following Senators an­ way, and therefore I will let my \'Ote stand. swered to their names : 1\lr. CURTIS. I desii·e to announce that the Senator from Ashurst Gerry McN.nry f!mitb. Ariz. 1'\ew York Pir. W .A.DswonTTI] is paireu with the Senator fl'om Baird Guion Martin Hmith. Ga. Louisiana [1\tr. llANSDELL]. Bankllead Hale Nelson Smith, hid. The result was announced-yeas 30, nays 43, as follows: Smith. S.C. ~~~~berlain lf~g~i~k ~~~·is ~te-rling .YEAS-30. Colt !lender ·on Nugnnt ~utllerla.nd Bran()cgNl Ilale New St~>rl.ing Culberson .Tones, N.Mex. O>e-rman Thomas Ctmlmiru; JI.ardtng NorriE •'uth~>ri.and Cummins Jones, "·ash. Pa~e 'J'ownsend Cnrtis llarllwick Page TownseDll urtis King Poinde:-.."trr T1·ammell Dillingham Johnson, Cal. Poinde-xter Underwood Dillingham Kirby l'ome.rene Underwood Fernald Knox Beed Wn.t on Fall Knox need ,·ardamau lt'rancc Lenroot Sh('rman Weeks Fernald Lenroot Saulsbury 'Walsh Frelioghuyscn Lodge • n.1th, Ga. Fletcbet· Lewis Shafrotb ·warTen Gallinger McCumber Smoot France Lodge Sheppard \Vllllams Frelin~huysen l\lcCumber Shields Wolcott NAY8-43. Gallinger l\lcKellar Simmons Ashurst He.nd~rson Nugent Smith, J.\.Id. Baitd .Tones, N.Mex. 0Yerman , mitb, S.C. The PRESIDENT pro tempore. Sixt.r-tlu·ee Senator ha\e an­ Bankht:'ad Jones, Wash. I'helan Thomas swered to thek names. There is u quorum p-rel:;ent. The {Jues­ Beckham King Pittman Thompson Borah Kirby Pomerene Tillman tion is on agreeing to tbe amen<.lmcnt of the Senator from Ohio . Chamberln in T..ewls Saulsbury Trammell (1'.1r. lLHtDING). Colt McKellar Shufroth Vardaman M.r. JO:l\'ES of Washington. I a k that the ·ub::;tance of the Culberson Mcl>.a.ry Sh('pparu Warren Fletcher Martin Rhields· Willl:nn amem1rne-nt be rend; I do uot ask that it he read int-o e>ery sec­ Gerry :Myers l':'immons Wolco-tt tion of the l>ill, but ju t to get the langtutge of the nmcndment. Gulon Nelson Smith, Ariz. The SECRETARY. In line 10, page 1, after the word " agencies," XOT \"'OTL'G-22. insert the words " ha \'ing to do directly with war production or Calder Roms La Follette Swam·..on • the conduct of the war." The &'liDO words are inserted in two Fall Ja.me.s ,Owen Wadsworth other places. Goff Johnson. S.Dak. Pe11rose Walsh Gore Kellogg Ransdell l\lr. JONES of 'Y.asbington. I imply want to ..reau into the Gronna Kendrick Robinson REcoRD in connection w'ith that the language of the. amendment llitchcock Kenyon S.wlth, Mich. prop sed by the committee: So ~Jr. IlAnrnNo's amendments ·were rejected. Prol:idetl (w·the-~·, Tbat the a.utbority by this act granted shall be 1\lr. CUl\11\ll'KS. I o.ffer the· fo.llowing amenument. exercised only in matters relating to the conduct of the pt·esent war. Tile PRESIDENT pro te-mpore. It will be rend. I must say that 1 can not myself sec any sub tantial tliff.er­ The SECRETAJIY. Add at the end of section 2 the following ence in the two. The President is the judge in both cases, and I promo: think the limitation is the same in one as in the other. Prot:Ldcd, That nothing in this act shall be const:rned to atrect tho The PllESIDE.NT p1:o tempore. The question is ou agreeing powers functiollS, or duties of the Interstate Commerce Commission to the amendment. as d('fined in the act entitled "An act to amend un net entitled 'An act to regulate commerce,' appro-ved February 4, 1887, and all nets Mr. HARDING. I call for the yeas ancl nay . amendatory thereof. pro-viding for a -valuation of the several clasS<'s The yea anu nays w-ere orclerecl, and the Secretary proceeded of p~·operty of carriers subject thereto, a-nd S('CU-ring information con­ to eall the roll. cerning their stocks, bonds, Ulld other securities appru>ed Murch 1. 1913, and as dPfi.ned in the net entitl('d 'An act1 to pro-vide for the · 1\lr. FALL (when llis name wus called). Upon tlle amend­ operation of transpot·tation system while tlllder Federal rontrol, for ments to the bill I am pnired ·with the Senator f·rom Wyoming the jnst eompe-nsatjon ef their owners, and for other purposes,' ap­ [Mr. KENDBICK], and I "'ithhold my vote. pro,·ed March 21. 1918." Mr. FERNALD (when llis name was called). I am paired Mr. CUl\ll\IINS. l\1r. President, I want Senators to obserYe with the junio.r Senator n·om South Dako-ta [:\.Ir. JoassoN]. that tlli is not a mere paraphrase of the amendment offered by I trn.nsfer .that pair to the junior Senator from North Dakota tile Senator from Georgia (1\Ir. SMITH] and which was <.li ...'~posc{l [1\I.r. GBONNA] ana vo-te "yea." ' of on Saturuay. The amendment offered by the Senator from Mr. SUTHEHLAND (when l\lr. GoFF's name was called). I Georgia, and I was entirely in faYor of that amendment-I think desire to am1ouncc that my colleague [Mr. GoFF] i absent on it ought to haYe been auopted--.exempted entirely the Inter tate account of illnes . He has a general pair with the senior Sen­ Commerce Commission from the operati9'n <>f the act. I a.m sorry ator from South Carolina [l\lr. TILLM.dN]. it wa · not done, but I accept the judgment of the Senate with Mr. G.ALLINGEH. (when l\lr. SMooT's name ~1as called). As regard to that question. The amendment "-Ilich I .ha.Te offered I a.nnouncee a general pair with the senior Senator exceeery numerou ·. 1\ly amend­ from Kentucky Il\Ir. JAMES], which I transfer to the senior ment, how--e>er, seeks to segregate just two tblngs among all the Senator from Miclligan [Mr. SMITH], nud Yote "yeiL" power which haYe been conferred upon the Interstate Commerce 1\Ir. TILLl\lAl". Repenting the transfer of my 11air that ob- Commission and to relie\e tl1em from the operation of this taine(l on the former vote, I vote u nay." . measure. They are first the duty and function of >aluing the l\lr. Sil\11\lONS. .I transfer my pair witll the. Senato-r from railroad p1:operty of the United States. Tltis duty an

because Congre. s believed that the body which had a

such a conflict appalled the nations of the earth; neYer before not a man llere "\\hose heart is not chilled at the reyelations since the foundation of this GoYernment has the menace of its that come day by day from the other side. It is time fo1· ~s, uisruption Joomc(l so large as nmY. In the awful armeu not in a spirit of criticism but in a spirit of Americanism, to struggle the conditions and -circumstances have so radically seek to aYe the Nation, and then as partisans of different chunged that veterans of other wars are on the same footing political faiths to fight out our Llifferences '"hen the skies are 'Yith the novices that go to the front. .Each day brings new clear and there is on the horizon no cloud of rapine and lust experiences. This war ~s being fought largely in the scientific that threatens our peace and .happiness and the perpetuity of 1!lborntories of the different countries. We are face to face our splendid form of .government. with the issue, which is growing larger and more menacing, as Mr. S::!HTH of Georgia. l\Ir. President, if I knew a mnn in to wllether or not America with her Government shall exist. the United States "\\ho I thought ' llad superhuman qualities, Not only that, but we are threatened with the duuger of ha-ving if I thought the President had such qualities, if I thought there (:Ul' very Go-rernmeut disrupted and being placed under the w·as anyone anywhere who, if giyen all po,ver, would bow all uomination and control of those who in this '"ar have evidenced wi dom, I would willingly make him dictator and giYe him all the Jact that all common feelings of humanity n expressed in po\\·er to wllip the Germans, !Jut, unfortunately, there is no man our civilization are disregarcled. Tile very sanctity of our fire­ of that cla s. sides, the virtue and chastity of our "·omen, are in the balance. The Senator from South Carolina [lllr. SMITH] says that he Our enemies ha\e a disl'egard for all that '"c, even in moments wishes to put power in the hands of those charged with responsi­ of pa ~~ion and under the impulse of war, \Vill grant to our bility. He is giving up by this bill the authority of those charged enemies. That is denied to tllose whom this horde of rapine with re ponsibility, for the Con titution provides that not _only and lust have o-verrun. The means they haYe with which to shall the Congress declare wa1~ and provide money to concluct accomplish their hellisll purposes seem to ha \e aYailed in it, but also it shall make rules for the regulation and goYern­ pQrt . ment of the armies and navies. Congress is charged by the Under these circumstances I am willing, for one, if it becomes Constitution with a full share of respon ibility, and we are not necessary to do so, to place the entire po,Yer and resources of simply transferring power to those charged with responsibility ; this country in the hands of one man in order to save that we abandon our own responsibility. which is dearer to you and to me than are the 'vealtll and I have at all times been willing to -vote for the portion of the propert;;r of this country as expressed in rate-making or com­ bill which ga-ve the President the right to redistribute the func­ merce or otherwise. I am willing to lay all upon the altar tions of the Army and the Navy, of the Sllipping Board, and of our country and to give one man supreme power, a go

SEc. 3. Tha t the Pr('sident is further authorized to establish an execu­ to change, and I do not think there is much that can be accom­ tive agency which m11y exercise such jwisdiction and control oTer th~ 1n·oduction or ae.·oplnnes, aeroplane engines, and aircraft equipment plished. I have about come to the conclusion that the true as in his jutigment ma.v be advantageous; and, further, to transfer to reason \Ye hnv~ not been told anything is becau e there is noth­ s uch a o-ency. for its use, all or any moneys heretofore appropriated for the pro of this President ought to have a fi·ee hand about the War and Navy a ct uny moneys heretofore and hcrt>after appropriated for the use of any Department , and if anything should come in connection with su ch department, bureau, office, or officer shall be eJ..-pended only for the purposes for which it was appropriated under the e in favor of his ta1.i.n~ other agency as may be du-ected by the rres1Uent hereunder to perform it. If I am mist..'lken and he has sometl1ing in mind, I still wish and e..'recute ~>aid function. to g-ive hlm n free band; if there i anything he can do, I wnnt SEc. 5. That upon the termination of this act all ('Xecutive or ad­ minis trative agencies, departments, commis Ions, bureau , offices, or him to do it; and if there is anything others can do to help win officers shall exerci e the same functions, dutle , and power s as hereto­ this fi ght I want them to do it. No man lives who is more im­ fol·e or as hereafter by iaw may be prorided, any authorization of the pressed with the: rious feature of the war or wl10 is more mil· Pres irs Smith, Md. Beckham Hat•ding Nelson Smltll, S. c. has reterence to the Federal Heserve Board and the Interstate Brandegec Jiardwick New ~moot Commerce Oommi sion. I do not think it will amount to much Cllnml>erlain Henderson Nonis • 't e rlln~ in its effect upon the civil departments. I do object to 1t very Colt .Tohnson. Cal. Nugent Hutherlnnd Culberson Jont.>s, N.Mex. Overman Swanson much as to those two agenctes. Cummins J"one , Wash. Page Thoma I have been trying to get a little comfort about the Interstate Curtis Kt>llogg Pllelan '!'own end Commerce Commi · ion, and wondering if it \Vill not be a pretty Dillingham King Pittman Trammell Fall Kirby Pomerene Underwood difficult thing t{) tran fer their functions to some {)ther bureau, Fernald Knox Reed VardliiWln and, if they are-transferred, if the repository of those functions Fletcher Leru·oot Saulsbury Walsh will not be compelled to hold a trial and give a. hearing to un­ France Lewis Shafl"Oth Watson Frellngbuysen ::UcCumber Sheppard Williams justly b·eatee no furthe l" t1i !,:Cll. sion, this l>ill. I think the b e~ t thing about it is the amendment of the Secretary will call the roll. the··senator from New York [Mr. WAnswonTn], which definitely The Secreta1·y proceeded to call the roll. give. power and authority with reference to the man to be put 1\Ir. FALL (when hi · name was cnlle

1918. CONGRESS! OX ~-\_L RECORD-SE1:rATE. 5761_

1\Ir. TILLMAN (when his name ,,.-as called). I trun fer my discussion bas been discur ive, and naturally so, inevitably so, pair with the Senator from West Virginia · [:\Ir. GoFFl to the because of lack of ~my knowledge, definite or indefinite, ns to Senator from New Hampshire [1\Ir. HoLLis] and \Ote "nay." the consolidations or reorganizations or reforms of any kind Mr. WILLIAl.US ('vhen his name was called). Repenting which were to be effected on the passage of the bill. Senators the announcement made upon the last roll call as to my pair llave regarded the exemption from the operation of the bill of and its transfer, I yote "nay." the Federal Reserve Boai·u and the Interstate Commerce Com­ The roll call was concluded. mission as highly important. I agree with them. The bill is l\Ir. -GERUY. I transfeP my pair with the Senator from Xew heralded as a wnr measure. It is for the period of the war and York [l\Ir. CALDEn] to U1e Senator from Oklahoma [::\lr. OwEN] n limHe

monition found in Washington's Faren"ell Adth·ess in my re­ And as an Americrru citizen I heartily helie>c in that state­ marl;:s a ft:>w dnys a~o. I shall not repeat at lengU1, but here ment antl ha"Ye pride in the fact that our Chief ExecutiTc holds is one sentence : such an exalted 11Iace. The neCl'SSi~y oi l'eciproca.l checks in the exerci e of political powc.r nut it is nn executi>e office, and to no one who has filleu or who shall by dividin~ an1l d'c;trlhuting- it into different dPposltot•ips and eonstl­ hereafter fill it is given any constitutional '"arrant to c·~et·cise directly tutlng each tbe gunrrlian ol' the puhlic weal against inva ion of the or indil·ectly the legislative function. othpr:; ha. bPPn evinc d by experiment., ancient and modern; orne of There C'an be no conllition more uan'"'et·ous to thl' maintenance of tllem in our country nnd under our own eyes. To presen·e them must fl"Ce go>ernment than is found in the concenn·ation in the ht1n(lS of one be as n CP.s~ary as to institute them. man at the same time of both the exl'cliti v power anu practically the One further exc rpt: power to mal>e the Inws be is to execute. WllntC'>er may be the form of · lln t let there be no change by usurpation ; for though this. in one go,·ernment, when these two powers are thus eoncentrated in the hanus lnstance, may IJc thP in. tt·umpnt of good, it is the customa1·y weapon of one man, the government is an autocracy pure and simple. by wldch fn•e gov-ernments arc d ~ troyed. The precedc>nt mnst always Now, Senator ~ , I a k you to no•e the la t few line of Uns greatly overbalance in pl'rrn:.tnent evil any partial or transcient benefit which the use can at any time yield. para~ruph ami ·ce how pertinent anti significnnt they are. Says l\lr. n.ucon : Point out, if you c~m. one benefit--e>en transient benefit­ which "ill result fJ·om !l [lO\YCr to redistribute all the functions It makes no dift'erence in practical cff('ct whethf'r that one man him­ self deerees the hl\vs or wlletller th('y are enaeted in obedience to hi unowedly so. So. .Ir. President, how can we here. without, as I n.iote for it; but that they haYe wholly failed buck Cincinnatus, <.'Uuse:ious of bis power will not return to his to do. Must n"C re01·ganize the grent uepice or in '.rhere never wns greater truth than that expressed by Judge some other subordinate branch of the sen-ice? Such has been Simeon E. Baldwin, former governor of t11e State of Connecticut, the argument advanced by the chief proponent of thi · m~asure. and I am not ure hut that he was chief justice at one time of It mll avoid duplicntion in thi,s or that branch of the service. the supreme court nf that State. He says: But all this can be rosily and speedily accornplishetl under power t11at already exi.<;ts or by proper legi lation to that enrnmPnt and tb~> powPrs which it may exercise mu.·t rest either on thP will of thl' t:roverning authority or the con ent of indeed, there is duplication sufficient to make it wort11 while. tllo. c who arP · it; subjt><·ts. Political absoluth;m may be built up on l\1r. Pr sirlent. in view of my chief objection to the bill, I who are governed slrc to u~gest by wny of an amendment the remeuy. It will are l'or the timP unclc•r the dominion of a power which they c:.tn not conb·ol and which knows no limits but those of personal discretion. effect ewry purpose mentioned in this long de~ate antl till enable us to pre. erve the semblance of free government-" a "Cnder this bill, in regard to e¥ery-one of the 10 great execu­ go,·ernment of laws and not of men." . tive departments of this Government. in the transfer of functions 1\ly amendment wbich I now prupo~e is as follows: and powers of each. tbere is no limit except the discretion of In lin~:>~ 2 and 3 on page 2 of the bill strike out the words the President of the United States. "exe~utive department," and then to carry out the meaning of Here again I desire to quote from another article from a book the amendment and make the rest of the bill harmonize with it entitled "The old law and the new order," by lllr. G. W. Alger. strike out the word "department" in line 25 on page 2 of the He says: bill. Among the forgotten books of political philosophy there is one which, perhaps more than any athPr, should be remE.>.mbered in America, because What will be tlle situation if the words " executive depart­ it is the pbllosophy wbkb stood at the be~lnrung of the American Revo­ ment" are stricken out in lines 2 and 3 and the word "depart­ lution· a philosophy tilt> attempt to apply which was one of tbe great ment" stricken out in line 25? causes' ot tiL'lt Revolution. This book was BolingbrokP's " 'The Idea of a Patriot King." In that work, written at a time when parliamt>ntary This "'"ill be the ituation: The Presiry important measure, Boling­ broke advocatNl tbt> controJ of Parliament and of the legislative affairs tribute the powers and functions of the se>errrl executive vt•d that the vigorous use of tbP royal prerogative by or n division or an officer, if he desires, a.nd h•ansfer it or him a patriot king ruling with wisdom, and conn·olllng hy a strong hand Parliament and thP affairs of the nation, would afford a practical solu­ to some other department or bureau if he is needed there. or he tion for thiO' evil created by a corrupt, inefficient. unreprf'·entative, n nd can con.c;olidate or coonlinnte bureaus of different departments. factional Parliamrnt. .America did not accept this doctrine then. The That is the purpose and the ohject of this nmenument. It will id('8. or a parlot king collapst-d under George III. His attempt to put any r this pbilo~ophy into f'fl'Pct was among the causes of the Re>olution permit the President to take commi ion or bureau ot· offic which sPpamtf'd ns from GrPat Britain. of one department, and if his services can be better utilized in One of the grpat contributions 1lf America to Brltish fref'dom came some other department to transff'r the bureau, commi sian, or thJ·ough our rl'fusal to accept thi~ new political doctrine. The patriot­ king tlleory disappearPrl in England aftPr the Rt>voJution. A cure for officer to that other department; but the original primary func­ the condition"! which the pariot king and his prerogati>e proposed to tion of t.he great departments of the Go>ernment as ~t~hli~hed curl'' waB found in a refurmed Parliament and a better system ot in the laws of their creation will remain intact us tlley should be. represen ta tlon. The VICE PRESIDE....'l\rr.r. The Chair would like to inquire of 1\Ir. President, we baYe no rotten boroughs in the United the Senator trom South Dakota if he is speaking to the amend­ States. Never in the history of Con~ress have we had more ment or talking on the bill? than a very few, if any, unrepresentative repregentntiYes; the Mr. STERLING. From the time I proposed the amendment general high character of the Members of both Houses is beyond I ha>e bePn speaking on the umemlment. My desire was to disputE.'; and hence there is no need undet· our system and explain briefly the amendment. I ha\"e fini hee no de"'ire to detain while he was yet n 1\Iember. He was an able anery agency and e>ery uevartment of th~ President are not quotf.'c.l her<' in deprecln tion of thl' executive office. ....As already !';ftid, it is as designed by the Constitution a great and a noble G~Jvernm.ent, even where it touches civic affairs only and office-the greatest and the noblest of all tlle eal"th. exclusively. 1918. CONGRESSIONAL RECORD-SENATE. 5763

Therefore I have been very much di appointed in some of th~ been uniYersally the practice; but, after securing the declara­ amendments that sought to accomplish that purpose wllich I tion of war against GeJ;mnny, eight long months ensued in believe have not been approved by the Senate. Still, in this which no message carne from the President of the United States crisis that confronts onr country, I am more than anxious tQ the Congress regarding the necessity for or the character of that the Executive shall lla ve every power that possibly can be the measiD'es which were known throughout the country us conferred on the President of the United States in his office administration measures. On turning to the Constitution I find as Commander in Chief of our Army and Navy, and I would that that clause to ·which I ha>e referred reads: hesitate not to confer such powers e\·en if coupled with it there He shall from time to time give to the Congress information. were certain other things that I thought were of doubtful But in the mes age of April 2, 1917, the President distinctly wisdom. informed the Congre s that hereafter he shall communicate SQ it is my purpose, "ith a great

So, as I have stated, we considered this matter at 14 iliffer­ Simmons Swanson Trammell Williams Smith, Ariz. 'l.'homns Underwood Wolcott ent sessions of the cominittee. It has been considered by the Smith, Md. Thompson Walsh Senate

1918. CONGRESSIONAL RECORD-SENATE. 5765

The VICE ·PRESIDENT. The question is on agreeing to the So I resent any accusation of usurpation or the countenance amendment offered by the Senator from Connecticut. of USUl'Pation or the condonation of usurpation in any vote I The amendment was rejected. cast fo;.· this measure. Woodrow Wilson has been accused by 1\Ir. PHELAN. lUr. President, I assume that when the Sen­ no one of coveting power. He has been cast _by fortune in the nte)lxed a limit upon debate--30 minutes upon the bill and 20 place where be has to exercise power, and he only asks the minutes upon amendments-it was an invitation to 1\lembers to means by which he can, conststently with the Constitution and participate in the debate to a moderate degree. The constitu­ without usurping powers, do his work. I say this is war time. tion of California require the supreme court, when it renders " Diseuses desperate grown by desperate remedies are relieved, a decision, also to express the reasons for the decision-a most or not at all"; and we are now resorting, I confess, to a des­ excellent plan. perate remedy. But there ts authority for it in no less a leader I am constitutionally opposed to all legislation of this kind; than Abraham Lincoln, quoted in the eloquent speech recently and while I favor this bill it is because it is a war measure. It made by the standard bearer of the Republican Party, Mr. i<=~ as old us Rome, referred to so eloquently by the Senator from Hughes, in the recent campaign; and I may say, judging from South Dakota [l\Ir. STER.HNG], that "in the midst of war law ts this and in answer to the Senators on the other side, that their silent"; and if the Senate feels that it has been neglected, be­ standard bearer is not with them. Lincoln says: cau e an appeal has been,made by the country to the President "I can no more be persuaded that the Government can take to get results and to that end coordinate and consolidate, it ts no strong measures in time of rebellion because it can be shown bec11use the lawmaking power falls into a kind of desuetude that the same could not be lawfully taken in time of peace than by reason of the fact that this country ts engaged in the great­ I can be persuaded that a particular drug is not good medic1ne e t war that has eYer afflicted mankind, and action is required. for a sick man because it can not b~ shown to be good medicine This legislation is only for the period of the war and for the for a well one." purposes of the war, and may be repealed at any time by the l\Ir. President, we are a sick man-a very sick man-and Congres. this measure proposes medicine unpleasant to take; but I sin­ Mr. STERLING. Mr. President-- cerely believe that if we take it we will be very much better, and The VICE PRESIDENT. Does the Senator from California for that rea::on I shall support the bill. yield to the Senator from South Dakota? The VICE PRESIDEI\TT. The bill is in Committee of the Mr. PHELAN. I do. Whole and open to further amendment. If there be no further Mr. STERLING. I simply wish to state that the Senator amendment to be. proposed, the bill will be reported to the from California is in error in ascribing to me the quotation he Senate. has just given. I did not use that quotation. The bill was reported to the Senate as amended, and the Mr. PHELAN. Mr. President, the Senator misunderstands amendments were concurred in. me. I stated that the aphorism quoted by me--inter arma leges The bill was ordered to be engrossed and read a third time. silent-is as old as the nome which he brought into this dis­ The bill was read the third time. cussion when be spoke of taking Cincinnatus from the plow. I The VICE PRESIDENT. - The question is, Shall the bill pass-? was very much moved by the Senator's remarks. Indeed, I was Mr. OVERMAN. I ask for the yeas and nays on the passage , so much moved that I left my chair and took the floor. because of the bill. I sympathized with the spirit in which he uttered his speech The yeas and nays were ordered, and the Secretary proceeded more than with the sentiment. Nobody could doubt the sincerity to call the roll. of the Senator when be fE>ared that by passing this legislation 1\Ir. KIRBY (when 1\Ir. RoBTh"soN's name was called). I we would be fostering or condoning usurpation. announce the unavoidable absence of my colleague [1\Ir. RoruN· ·washington lms warned us against the dangers of usurpation; soN] in connection with the liberty loan campaign. If he were but usurpation is the taking of unauthorized power, and the present, be would vote "yea." President comes to Congress _for the very purpose of avoiding any imputation of that kind. He wants Congress to authorize 1\Ir. SMITH of Georgia (when his name was called). I have a general pair with the senior Senator from Mas achusetts fMr. in the most general terms his exercise of the powers of the de­ LonGE]. Not seeing him in the Chamber, for the pre ent I re­ partments attached to the executive branch of this Government. frain from voting. He might, it is true, by suggestions to the heads of the depart­ ments-men of his appointment-to do this thing and that thing, Mr. TILLMAN (when his name was called). I transfer my . consolidate and coordinate; but he would like to regard them, pair with the Senator from West Virginia· [Mr. GoFF] to the as we would, as to a very ~reat extent independent departments, Senator from New Hampshire [1\lr. HoLLis] and vote" yea." exercising powers conferred upon them by Congress ; and yet Mr. WEEKS (when his name was cal1ed). I have a general we all know that the members of the Cabinet are but the arms pair with the senior Senator from Kentucky [Mr. JAMES]. I of the President; that the Constitution in specific language am informed that be would support this bill if he were present, charges him with executive duties. He is the only Executive, and therefore I will vote. I vote " yea." . and these creations of Congress· are merely his clerks. Cer­ l\Ir. WILLIAMS (when his name was called). I have a pair tainly it would be usurpation if they took from the President in with the senior Senator from Pennsyi\rania [l\Ir. PENROSE], who any sense the executive power with which he is inve ~ted by the is unavoid:tbly ab ent on important busine s. I transfer that Constitution. So far from being usurpation, this legislation pair to the senior Senator from Arkansas [lli. RoBINSON] and is acquiescing in that other great provision of the Constitution vote" yea." conferring legislative powers upon the Congress; and we are The roll call was concluded. here to-day legi luting, acting within our functions, and because Mr. LEWIS. I desire to announce the absence of the Senator it is war time we are not specific in our decrees. We say to the from Oklahoma [l\Ir. OwEN], the Senator from Wyoming [Mr. . President, "You are charged with inefficiency. Your depart­ KENDRICK], and the Senator ·from South Dakota [Mr. JoHNSON], ments are charged with a lack of coordination. Use this power." who are necessarily called from the.Chamber, and I have been If is singularly unfortunate for the Senator to have quoted instructed to say that were they present they would vote in George Washington, who, serene in his afe l\fount Vernon favor of the passage of the bill. home, deli~ered his farewell address warning against usurpa­ Mr. GERRY. I have a general pair with the junior Se11ator tion; but when he was in the field, as Woodrow Wilson is in the from New York [Mr. CALDER]. I am informed that if he were field to-day, fighting the battles of his country and thwarted present he would vote as I do. I therefore vote "yea." · at every step by the Congress trenching upon hts powers as Mr. CURTIS. I desire to announce the absence of the junior Commander in Chief of the Army, the same Washington asked Senator from North Dakota [l\lr. GBONNA] on account of illness Congress to remove all barriers and restraints and to allow in his family. If present, be would vote" yea." him, Washington, to have the supreme command; and because Mr. FALL. I have a general pair with. the junior Senator he was given the supreme command in the field we finally won from Wyoming [Mr. KENDRICK]. In view of the announcement the battles of the Revolution. that he would vote "yea" if present I will vote. I vote .. yea." 'Vhy was it given to Washington? Becmtse the exigencies of l\lr. GUION. My colleague, the senior Senator from Louisiana the time demanded it. Because he was not suspected of usurpa­ [.Mr.' RANSDELL], is .detained at home by illness. If he were tion. Lord Brougham says, in effect, that it will be a test of present, he would vote" yea." the advancement of the civilization of mankind, the apprecia­ 1\Ir. SMITH of Georgia. I am released from my pair with tion with which the character of \Vashington is regarded in his­ the Senator from Massachusetts [l\1r. LODGE], nnd I vote "yea." tory. Up to that time usurpers were frequent, from the days of Mr. CURTIS. I announce the following pairs: Greece anrl Rome down to mo

Mr. BECKHAM. I desire to announce that my colleague, the U~ITED ST.lTES ATTOR:\~YS. senior Senator from Kentucky [Mr. JAMES], is detained by Frank A. O'Connor, of Waterloo, Iowa, to be Uniteti States illness. attorney, northern district of Iowa. A reappointment, his term The result was annm.mced-yeas 63, nays 13, as follows: expiring l\Iay 14, 1918. YEA.s-63. Robert C. Saunders, ·of Seattle, 'Vash., to be Uniteu States Ashurst llenderson Norris Smoot Baird .Jones, N. Mex. Nugent Swanson attorney, western district of 'Vashington, vice Clay Allen, re­ Bankhead Jones, Wash. Overman Thomas signeu. Beckham Kellogg Page Thompson UNITED STATES 1\.[.lnsHALs. Borah King Phelan Tillman Chamberlain Kit· by Pittman Townsend Henry A. Skegg~, of Birmingham, Ala., to be United States Colt Lenroot Pomerene Trammell Culberson Lewis Saulsbury Underwood marshal, northern district of Alabama. A reapnointment, his Curtis :McCumber Shafroth Vardaman term expiring May 18, 1918. Fall McKellar Sheppard Walsh Christopher C. Gewin, of Mobile, Ala., to be Unitell States Fletcher McLean Shields \Varren Frelingb uysen McNary Simmons Watson marshal, southern district of Alabama. A reappointment, !;,is Gerry Martin Smith, Ariz. Weeks term expiring May 7, 1918. · Guion Myers Smith, Ga. Williams Leroy C. Jones, of Boise, Idaho, to be United States. marshal, Hale Nelson Smith,Md. Wolcott Hardwick New Smith, S.C. district of Idaho, vice Thomas B. Martin, whose term has NAYS-13 expired. Brandegee Gallinger Poindexter Sutherland William Hickey, of Yankton, S. Dak., to be .United States Cummins Harding Reed marshal, district of South Dakota, vice Thomas W. Taubman, Dillingham .Johnson, Cal. Sherman whose term has expired. France Knox Sterling Daniel F .. Hudson, of Cheyenne, Wyo., to be Uniteu States NOT VOTING-19. marshal, district of Wyoming. ...<\. reappointment, his term ex-. Calder Hitchcock Kenyon nansdell Fernald Hollis La Fol1ette Robinson piring l\:1ny 14, 1918. Goff James Lodge Smith, Mich. 1 APPOINTMENTS IN THE MMY. Gore Johnson, S. Dak. Owen " adsworth Gronna Kendrick Penrose CHAPLAIN. So the bill was passed. Chaplain Joseph Clement Martin, National Army, to be chap­ IIOUSING OF GO\ERN:MENT EMPLOYEES. lain in the Regular Army with rank from April 23, 1918. 1\Ir. SWANSON. I moYe that the Senate proceed to the con­ PnonsroNAL APPOINTMENTS IN THE ABMY. sideration of House bill 10265, commonly known as the housing CORPS OF ENGINEERS. bilL · Alfred Salem Niles, of Maryland, to be second lieutenant with The VICE PRESIDEl.'iT. The question is on the motion of the rank from date of appointment. Senator from Virginia. The motion was agreed to; and the Senate, as in Committee CAVALRY ARM. of the Whole, resumed the consideration of the bill (H. R. 10265) C01·pl. Howard D. Lee, Third Engineers, to be second lieu­ to authorize -the Secretary of Labor to provide housing, local tenant with rank from date of appointment. transportation, and other community facilities for war needs. Mr. GALLINGER. I ask the Senator from Virginia if he pro­ poses to go on with the bill to-night. CONFIRMATIO... ·s. l\:1r. SWANSON. No; I do not. E:rcctttit·c nominations conjinned by the Senate April 29 (legis· EXECUTIVE SESSION. lati1:e day of AprU 24), 1918. Mr. OVERMAN. I move that the Senate proceeu to the con­ sideration of executive business. APPOIXT:ME::\,-S IN THE NATIONAL ARMY. The motion was agreed to, and the Senate proceeded to the GENERAT~ OFFICERS. consideration of ex:ecupve business. After 6 minutes spent in To be 'lnajor generals. executive session the doors were reopened and (at 6 o'clock. and 6 minutes p. m., Monoay, April 29, 1918) t11e Senate adjourneu Brig. Gen. William P. Burnham. until to-morrow, Tuesday, April 30, 1918, at 12 o'clock meridian. Brig. Gen. Willard A. Holbrook. Brig. Gen. James H. McRae. Brig. Gen. George B. Duncan. NOMINATIONS. Brig. Gen. Ernest Hinds. Brig. Gen. Charles H. Martin. Execut-ive nornination,s t·eceived by the Senate A11ril 29 (legis­ Brig. Gen. Charles S. Farnsworth. lative day of April 24), 1918. Brig. Gen. James W. McAndrew: AsSISTANT ATTOR!'."'EY GEJ\"'ERAL. Brig. Gen. Edward F. 1\lcGlachlin, jr. H. LaRue Brown, of Boston, Mass., to be As istant Attorney Brig. Gen. Le Roy S. Lyon. General, nee Charles Warren, resigned. To be b1·igadicr generals. DIR1WTons oF WAn FINANCE ConPon.ATrox. Col. · Robert H. Noble. Angus W. McLean, of North Carolina, to be a uirector of the. Col. Charles GeJ·hardt. w·ar Finance Corporation to serve for a term of four years. Col. William R. Dashiell. Eugene Meyer, jr., of New York, to be a director of the War Col. Guy H. Preston. Finance Corporation to serve for a term of four years. Col. Frank 1\1. Caldwell. Allen B. Forbes, of New York, to be a director of the War Col. Lutz Wahl. Finance Corporation to serve for a term of two years. Col. John L. Hines. William P. G. Harding, of Alabama, to be a director of the War Col. Joseph G. Castner. :finance Corporation to serve for a term of two years. Col. Julian R. Lindsey. Col. George H. Jamerson. 1\IEMBERS OF CAPITAL ISSUES COMMITTEE. Col. Lincoln C. Andrews. James n. Brown, of Kentucky, to be a member of the Capital Col. Dwight E. Aultman. Issues Committee. Col. Ora E. Hunt. Freelt. Issues Committee. Col. Augustine 1\Iclntyre. Charles S. Hamlin, of l\1assachusett , to be a member of the Col. Ricl1ard W. Young. Capital I sues Committee. Col. George A . . Wingate. John Skelton William , of Virginia, to be a member of the Col. Hugh S. Johnson. Capital Issue· Committee. Col. Frank T. Hines. --- ...J 1918. CO:N GRESSION1\._L l{E00l{D-SEN1\_rrE . 5767

ArPoi~T~m -·T s r~ THE Ar:)rr. Howard l\Jilton Cool, Cllal'les Harold Cuppett, CIIAPL.HXS. "-alter Lee McCormick, H~ymoml Joseph E'o:s: to be chaplain wilh r~nk of first lieu­ Norton Swasey Crocker, tenant. Hol>crt l\Irrrtiu Chase, .John Haymond O'~lalwney to be chaplain with rank of first Lyman Clement Hufiert~-. }j CU lC:1Un t. Arnold. Dtwte Amoroso, antl. ~IEDTC.\T. conrs. Hnrold Frr.nci::; O'Donnell. r.l'o be first lieutenants. lf!ELD ARTILLERY. Joseph Francis Bredeck, 'Io ue second lieutenants • •Tames Lo\ing IIamner, nenson Glcnwoo(l Scott, William Bell Fo~ter, jr., · ltulph Hirscll, l\1cretlith l\Ial1ory, Robert Sickels, .Tos£>ph William Garrett, DuYitl llnrton Kinne, jr., Cbn rles Chester Dickinson, Robert Victor l\Iuraist, Harold Ward Stan('. Nnthnu \Varner Gillette, 'Villinm Ralph Cnm11bell, Ed\Yin Stewnrt Brewster, jt'., Grerrorv E\erett Stnnbro Paul Ryrie Scott, Ho,~nr~l Paul Blake, ' l\1e1Yin Lewis Craig, Geor;::e Leslie Dailer, Earl Gordon \Vagner, Hm..-y Justin Felch. .Toseph Clifford Hobbers, Fre<1erick Pelham Sut.herlnnd, Blagden Manning. · S~· diley Sigsfried Scl10chet, Don CastlEs Kreger, Alnn Callender Sutton, J"aurence W. Boothe, Gu." AI \·in Cnldwell, Samuel Arrington Palmer, Ed\• · ~n·Ll Ptter Heller, llurold Kondolf, .Tohn Edward \Villiams, Jay \Yilliams Sechler, Cltn rles ITansford Browul('C, John Campbell 1\Ioses, ltollnn \\'alter Kraft, John Craig 1\Iiller, jr., John ...<\J.fred \Yllite, 'Valter A.rthur l\Ietts, jr., Norman St. George Vanu, John Eu,,·ard::; Stryker, jr., William Crawford White, l\1organ Foshee Simmons, \\'noster Hassell House, Hussell Lagrange Jolley, Ke-nneth Dayton Allison Allen, nm1 Frank Camm, Geul'ge Rantlolph Harris, 'jr. Hobert Benjamin Frant7., APPOIXT)lEXT, nY Tr.AKsn:n, Dl TIIE Anl[Y. George Uuymontl Bell, C.\ Y..\LTIY .A.IUI. Leonnrd Harrison l•'rasie1·, Fir:-:t Lieut. Wallace J. Redner, Infu.ntrr, to be first lieuten­ Samuel Lomax: Hassell, jr., ClifforU B. Cole, ant of Cavalry. IKFAKT11Y ATIM. Artlnu· Pope Shepard, .Tolm Swope Burrell, Fir. ·t Lieut. Folsome Ree(l Parker, Ca mlry, to be first lieu­ Chnrles Kemper Duun, and. tenant of Infantry. Richardson Lester Greene. For: l'n.onsro_-_\L ArrorxTMEXT, BY }JnoMOTIOX, IX TilE AnMY. CAYAI.RY ARM. lNFiNTllY ARM. To be sccontl lieutenants. To be first lieutenants. Cecil l\larrynt Boycott, Second Lieut. Tully C. Garner. Thomas Henry Dugan, jr., Seeo nL1 Lieut. Archibald n. 1\IacKecbnle. Harry Hope Fenley, I'OTITO TIICO DEGIMEXT OF IXFANTRY'. 'Vi1liam Joseph Egan, Sec:Lnd Lieut. Ernesto F. Colon to be first lieutenant. Redding Francis Perry, 1\larcellus Lowry Stockton, jr., PnonsioxAL ArroiNTMEKTS I~ TIIE An:MY. Lawrence Patterson, CO..\ST ARTILLERY CORPS. Blaine Bee \\·alluce, To be scconcl lie1ttenant s. Samuel Gibson Stewart, \\'ill iam Herman Goodrich, Charles Howard Espy, William Harry Bauman, 1Vnrreu Henry 1\lc~augllt, Henry Myron Smith, Gregory Eilin Sal':y<:r. Edi\'in .Joseph Dowd, Herbert Naugle Ollell, Hn rry Morris Krolln, l<'recleric Holdrege Bontccon, Clem Oli\er Gnnn, llo.r Edson Craig, Uulph 1\loore \Vyatt, Frederick Albert Yietor, Louis Albert Williford, Ralph Damon Dolsen, Percy Stuart Lowe, Early Edward Walters Duncan, l\Ia ury Leo 'V cbster, Edwanl l\Iarple Daniels, Claud Thomas Gunn, Paul Evert, Philip Richard. Upton, ~Va~·r:e Allen HarroLl, I.ewis Franklin l\loorc, William Golay Boatright, George Washington Phillips, Winfield Chapple Scott. Leon Aurile \Vhite, Theodore Keller llotherrnund, Edward Dreiss, jr., George Edward Heidenreich, \Vinslow Burllans Van DC\·nuter, Clinton Montross Burbank, Hnrold Young Keeler, Ray Duff Willson, Foster Chichester Harlow, Dpnald Thomas Nelson, Ethmrd Nolan Del~llunt, Chevy Chase, George l\Iiuot Cavis, David Lewis Jones, Phillips Wainwright Loomis, Gill>ert D:::sison ~olmson, Epln·aim Preston Jolls, Chester Lawrence Coulon, John William Callahan, Cleon Barnes 'Van·cn, Willis Doyle Kimmel, Leo Thomas 1\lcl\Iahon, Andrew w·ylie, Blncl~stone Drummouu Ayres, Robert Augushts Chambers, l\la reus Gunn, William l\1cCord Peeples, Alan Fuller Cameron, LYI-36G 5768 CONGRESSIONAL RECORD-SENATE. APRIL 29,

.John Paul Prosper Eckert, George La Franc O'Connor, Phillip Bassett Shotwell, Huro~d !\apoleon Gilbert, Hnrold Moorman Collins, Chm·Jes Eugene Rust, Nathaniel Wheeler, Jay Johnr:::on Morrow Scandrett, Richard llelf, Monroe Heath, George Sherwood Richardson, .Joset)h Bl'yan Thomp:-on, jr., Ualph Eugene Ireland, Freer, JoReph Jenkin Cornisll, Wallace William Millard. Ralph ,V. Neeland , Frederick Jo iah Bradlee, jr., Ralph \Vagner Shepherd, Sherman Stiies Spear, Elbert A.rculariu Nostrand, Robert Morgan Burrowes, WiHiam Frederick Williams) jr., Walter Wellington von Gremp, Hervey Aldrich Tribolet, Kie Doty, Robert Brooks Ennis, Charles Homer Tinsley~ Leo Joseph Hagerty, Harold Tyler Hayes, Lene Wilson F'oy, Leo Charles Scheihelhut, .Tame Hereford l\IcGinnis, Albert Elliot Holleman, John Thomas Hain , Clarence Wynn Duerig. Wilbur Henry Vinson, George Harvey Ferguson, John Cord Blizzard, jr., .To. eph Hamilton Richardson, Leon Simon Oppenheimer, Sterling Mackay Palm, Robert Harris ~fcFarlaue, Arthur Grady Hutchinson, Ro"-'arcl Clark, jr., Owen Greek Smith. Adrian Barton Drake de Kay, Norman 1\Iarcus Nelsen, William Martin :.reans, Harvey Lewis Littlefield, Henry Ellis Bacon. Roy Nathan llngerty, 'l~omas Edward Clark, Ronald L. Ring, .Jesse Switzer Ogden, Alfred Timothy 'Vright, Efton l\Iurrel James, John DeJarnette Faison, Arnold L. Gralapp, Albert William Selwyn Little, 'Xhomas Linton Urquhart, .T ohn Ainsworth Andrews, Ronald Pntten Wildes, John Agustin McCann, Earl Bryan Mathews, Jack Bryant, Da>id l\1. Fishe1·, George Andrew Lockhart, Robert Ignatius Stack, Robert ·whitley Miller, raul Wilbur Warren, Rumsey Lewis, John Ruling, jr.• l\1ark ·Milton Potter, Paul Sherman Strickland, James .Julian Pirtle, Harvey Chaplain Bounds, Alfred Edward Deflicke, Da>id Aston Turner, George Frederick l\Iacdonalu, "\Villiam Hamil ton Russell, John Raymond Booth, Paul Augm~tns Reinke, Paul Gray l\1illei·, Orryl Samuel Roble . James Clay Ward. Walter Headden Ogden, Ralph Burten Henning, Horatio Ward W ells, Richard O~car Bassett, jr., Ralph Hipple Dean, Jerome Heslen .Joyce, j1·., Horace Kelita Heath, William l\Jead Ferris, jr., Maurice Embry Gib on, Edward Adan1s 1\fead, Harry Russe!! Evans, Frank Opper German, Robert Golden Carter, Harry Boissonnault, Bartholomew Robins De Gra1r, Arnold Richard €hristian Sander, COKGRESSIONAL RECORD-SENATE. 5769 1918. J

Ceryl B. Go(lfrey, First Lieut. James S. Simmons, Stanley Marshall Prouty, First Lieut. Cyrus B. 'Voou, llichanl Douson llobinsou, ]'ir ·t Lieut. Charles Le Baron, jr., Charles Alfre(l Fuller, jr., First Lieut. Alvin .J. Bayley, Carl Alstien Foss. Pirst Lieut. Jolln F. Corby, "William Hervey Thomas, First Lieut. Prescott S. Tucker, Wilbur Ellsworth Bashore, First Lieut. Roy M. Fortier, Harold Beau. First J.ieut. Hoy E. Fox, Alan Campbell Clark, First Lieut. Herbert De W. Porterfield, Philip Carl Johnson, First Lieut. Dean I•'. 'Vinn, William Jienry Crampton, First Lieut. Alva B. McKie, William Walter Watson, First Lieut. AJbcrt W. Kenner, 'Valter Willinm Boon, First Lieut. Hobert E. Par.rish, Hugh McCord Evans, First Lieut. \Yilliarn L. Eumundson, Homer Virgil Gooing, First Lieut. Cary n.. Pollock, Mark Farnum, First Lieut. James F. lloohan, Michael Joseph Mulcahy, First Lieut. Emery B. N'eff, Harold Stokely Wright, First Lieut. A.rturo ·Carbonell, George l\Ierrick Hollister, First Lieut. Edward A. Coates. jr., Lois Chester Dill, First Ueut. William H. Klingensmith, Ecolonel. Peyton James Brown, Maj. Jnmes ·A. Logan, jr., to be lieutenant coloneL Hu~h Barclay, Lawrence William Jenkinson, CAVALRY ABM: Wright Hackett Ross, jr.• Fi1·st lieutenants. Nelson l\facy Walker, Second Heut. Burton C. Andrus, James Hoclgcs Drake, Second Lieut. Harold E. Lewis, and Francis Wayland Chatham, Second Lieut. Newell J?. Weed. Charley Elkins Ro~ers. TEMPORAllY PRoJ.roTroNs IN THE An:llY. Henry Julius 1\forgan, jl'.. Leland Barton Aseltine, CORPS OF ENGINEERS. Hugh Dudley Benedict Cotton, To be colonel. Donald HmYard ·wminms, · Lieut. Col. Joseph H. Earle. Milton Brandt Goodyear, To be lieutenant colonel. CJ1nrles Downing Winchester, and George David Armstrong. 1\laj. Gilbert Van n. Wilkes. To be rnajors. PROMOTIONS IN THE ARMY. Capt. 1\fason J. Young, CH.APLAI -s. Capt. Layson E. Atkins, Chaplain ·Joseph L. Hunter to be chaplain with the rank of Capt. George Mayo, major. . Capt. Paul T. Bock, and Chaplain Euward F. Brophy to be chaplain with the rank of Capt. Arthur P. von Deesten. captain. I To be captains. MEDICAL CORPS. First Lieut. Simon 1\Iedine, Capt. Hurry R. _icKellar to be major. First Lieut. Samuel L. Kuhn, To be catJta·ins. First Lieut. Lonis Graham. Fir t Lieut. Edgar E. Burne, First Lieut. Roy 1\lcCutcben, First Lieut. Harry L. Arnold, First Lieut: 'Villiam Lohmeyer, jr.; First Lieut. Walcott Denison, First Lieut. William A. Clark, First Lieut. James E. Ash, First Lieut. Aubrey H. Bond, First Lieut. Calvin H. Go(lunru, First Lieut. Hubert W. Collins, First Lieut. Bascom L. Wilson. Fir t Lieut. Haroltl J. McDonald, First Lieut. Clarence P. Bax:tei·, First Lieut. l\laurice P. van Buren, First Lieut. John E. Walker. - First Lieut. Frederick S. B. Smith, Fir t Lieut. Henry F. Lincoln; First Lieut. Frank B. Ha ·tie, First Lieut. Harold Van V. Fay, Fin;;t Lieut. Ed~ar A. Bocock, First Lieut. Willis P. Baker, First Lieut. Oscar R. Peterson, First Lieut. Heury L. Krafft, First Lieut. Thomas K. Meloy, First Lieut. Paul R. Hawley, First Lieut. Robert Adams LoYe, Iilirst Lieut. John Dibble, First Lieut. Bennet B. Bowley, jr., First Lieut. George 0. Dunham, First Lieut. Robert D. Ingalls, First Lieut. J·oseph l\1. Greer, First Lieut. William L. G. Mackenzie, li'irst Lieut. Joseph de R. 1\Ioreno, First Lieut. Walter L. 1\Iedding, First Lieut. Robert B. Hill, First Lieut. Warren A. Lyon, First Lieut. Arthur l\1. Alden, First Lieut. Roger W. Parkhurst, First Lieut. Gouverneur V. Emerson, First Lieut. Albert 0. Lieber, jr., First Lieut. I.ouis J. Regan, First Lieut. Robert K. Munroe, First Lieut. James A. Bjerregaard, First Lieut. ~ "'illiam A. Huggins, First Lieut. Shannon L. Van Valzah, First Lieut. Eugene F. Gaebler, First Lieut. 'Villiarn 0. H. Prosser, First Lieut. William C. Atwater, First Lieut. George C. Beach, jr., First Lieut. Henry E. Strout, jr., First Lieut. Jesse I. Sloat, ]first Lieut. John A. Strung, First Lieut. Daviu N. W. Grant,_ First Lieut. George E. Robinson, 5770. CONGRESSIONAL RECOll.l)- SE :r_A_TE.

Fit·st Lieut. Frank C. RogerR, Capt. Oscar A. nus ell, FirRt Lieut. Philip N. Crista!, Capt. 'Valter J. Buttgenbacll, First Lient. Clifford. H. Springer, Capt. Charles 0. Schudt, First Lieut. E(h'!al'(l P. Morton, Cnpt. 1\Iarcellus H. Thompson, First Lient. Langley S. Homer, anc.l Capt. William W. Rose, First Lieut. George J. Nold. Capt. Albert Gilmor, MEDTC ...U. CORPS, Capt. Clarence A. l\Iitchell, To be majo1·s. Capt. 1Villiam P. Currier, Capt. Edgar E. Hume. Capt. Hornce F. Spurgin, Capt. Harl'y L. Arnold, Cnpt. Eth-var(l A. Bt·own, Cnpt. Wnlcott DeniRon, Capt.. John G. Donovan, Capt. James E. Ash. Capt. Guy L. Gearhart, Capt. Calvin H. Gocldru.·u, Capt. Allen Kimberly, . Capt. Bn. com L. Wilson, Capt. Geoffrey Bartlett, Capt. Clarence P . Baxter, Capt. William E . Shedd, jr., Capt.. Tolm E. 'Valker, Capt. Hobert Arthur, and Capt. Henry F . Lincoln, Capt. William P. Wilson. Cnpt. E(1gar .A. Bocock, To b-f captains. Capt. "Willis P. Baker. First Lieut. Ro~s G. Hoyt, Capt. Henry L. Krn"lt, First Lieut. William l\layer, C:lpt. Paul n. Ilaw!ey, First Lieut. Hubert A. 1\Icl\!orrow, Capt. John Dibble, First Lieut. Douglas G. Clark, Capt. George C. Dnnhnm, First Lieut. Vernon G. Cox, Capt. .To. eph I\f. Grf:'er. First Lieut. Ralph G. Lockett, and Capt. Joseph de R Moreno, First Lieut. William li'. Lafrenz. Capt Rohert .B. Hill, To be first lieutenrmts. Cnpt. Arthm· M. Alden, Capt. Gouverneur V. Emerson, Seconu l .. ient. William , V. Dinsmore, Capt. Louis J. Regan. Second Lieut. Arthur Duffy, Capt. William A. Haggins. Second LiE'ut. Ellsworth Young, Capt. Shannon L. Van Vnlvah, Second Lieut. .John W . Fuchs, Capt. William 0. H. Prosser, Second Lieut. Thomas n. Bartlett, and Capt. C'.-eorge C. Bench, jr., Seconu Lieut. Dudley F . Taylor. Cnpt.. TesRe I. Sloat. CAVALRY AR:U. Capt. David. N. W.-Grnnt, To be colonels. Capt. .Tnmes S. · Rimmons, I~ieut. Col. Frank H.. McCoy, Capt. Cyrus B. Woo(l, Lieut. Col. Willard H. 1\IcCornuck, Cat1t. Chnrle~ LeBa ron, jr., Lieut. Col. Guy V. Henry, Capt. Alvin .T. Bayley, Lieut. Col. Wallace B. Scales, CHpt. .John F. Corby, Lieut. Col. Conrad S. Babcock, Capt. Pre cott S. Tncker, Lieut. Col. Ru h S. Well , and Cnpt. Roy l\1. Fortier, Lieut. Col. Robert R. Wallach. Capt. Roy E. Fox. Capt. Herbert ne·w . Porterfield, To be lieutenant colonels. Capt. Dea n F. Winn, ·Maj. Rush S. Wells, Capt. Ah·a B. 1\IcKie, 1\Iaj. Robert R. Wallach, Capt. Albert W. Kenner, lHaj. Lewis W. Cass, Capt. Robert F) Parrish. 1\Iaj. Henry .J. l\ltKenney, Capt. William L. Edmundson, ~Iaj. Casper W. Cole, and Capt. Cary R Pollock, Maj. Frank T. 1\lcNarney. Capt. 'James F. Roohan, 1'o be majors. Capt. Emery B. Neff. Capt. Lewis W. Ca s, Capt. Arturo Carbonell, Capt. a:enry J. McKenney, Capt. Ed\Yard A. Coatf>S, jr., Capt. Casper W. Cole, Capt. William R Kling-en mitb, Capt. Frank T . l\lcNarney, Capt. Leroy T. Howard, Capt. Henry D. F . 1\lunnikhtlysen, Capt. Jame. A. Bethea, Capt. Archibald T. Colley, Capt. Asa l\f. Lehmnn. Capt. Hugh H. McGee, and. Capt. Harri~on .T. 1\fC'Ghee, Capt. Joseph Plassmeyer. Cnpt. Thomas L. Gore Capt. Oramel H. Stanley, To be cazJtains. Capt. S. l\Tunson Corhett, First Lieut. Harry Fo ter, Capt. 1Vi11iarn C. 'l'homa , First Lieut. Alexander C. Strecker, Capt. Sanmf'l U. N'orr1s, n\1d First Lieut. Dwight Hugher, jr., Capt. Benjamin Norris. First Lieut. 'Villiam n. Stickmnn, First Lieut. Lloyd. W. Biggs. COAST AI:TrU.EllY COI:PS. Fir t Lieut. Wilkie C. Burt, To l;e lict~lcnn nt colon~ls. First Lieut. Harry L. Sommerhauser, Maj. Theodore H. Koch, First Lieut. Harold. E . Dickinson, 1\laj. James I... Lo n .~. Fir t Lieut. Aurian B. C. Smith, and 1\faj. FredC'rick L. D<"ng-ler, First Lieut. Rufus S. Hamey. Maj. Hichnrrl H. Willi;lms, To be first lieutenants. 1\faj. Clifford C. Carson, :!\Iaj. George T. Perk~s. Second Lient. Graham T . Winslow, 1\Iaj_ .Tohn B. :!\Iurphy, Second Lieut. Edwm·

.- 1918. CONGRESSIONk\.L PtrECORD·-· SENATE. 5771.

~eciJml J.ient. \Vnrcl H. Porter, and Cnpt. Bncf'11 B. G'1rer, Secounce1·, Lieut. Col. .John H. Hu~hes, Cnpt. Charles D . Hnrtmm1, Lieut. Col. George \V. Helms, Capt. Edgar S. Miller, Lieut. Col. Rufus E. Longan, Capt. Thomas C. Lonergan, Lieut. Col. EdwarS E . Choney, I::IT~TBY AlU[. Capt. \Yiltimn J. Fit;mmurice, First Lieut. Charles C. T()(l£1 to be major. C;•pt. Owen n. l\[preflith, Second Lieut. Claude N. Fcamster to be carltain. Capt. .Tames C. Wniiams, Capt. H lhPrt E. O'Brien. APPOL~TME~T nY TRAXSI~ER IN TilE Aln£Y. Cnpt. Si110c B. Buckner, ir., CAL\LRY ARM. Capt. Charle!" H. Bone teel, Second Lieut. Ycno Earl Sucre, I nfantry, to be seconu lieu· Capt. Rohert H. FlPtehPr, Jr., tenant of CuYalry. Capt. Fr~te1·kk A. Barker, Puo:o.Jonoxs A.-o APPOits'T)rE:'>TS r.-;r 'l:rrE X.\,T. Capt. Agnnl H. Uailc>y, Capt. f'-rt>nrgp C. Bmn'u, The followin~-named lieutenants to l>c lieutenant commanders : Capt. .John H. Hestt>r, John P . "l\liller, Capt. Fr·1nldin L. Whitley, James P . Olding. Capt. Alfl~f'rl H Hohle;v, Albert S. Rees, and Cnpt. Artlmr .J RanJou, Hollis M:. Cooley. . Cnpt. Olin 0 ElliH, The following-named lieutenants (juniOi' grade) to be lieu- Cnpt I•JlrrPr C. DP. nhry, tenants in the NaYy from tbc 7th day of ~larch, 1918: Capt. Emile Y. utrer. Row..trtt GlnYcr, jr., Francis G. Marsh, Cnpt. HenrY .T. Weeks, Percy K . Robottom, . Capt. Hoy A. Hill, Stanley n. Canine, Capt. Ar thur E. Bouton, J oseph P . Norfleet, 5772 CONGRE lSIONAL RECORD-.HOUSE.

Bernard 0. WHJ ·, Fir. t Lieut F1'ancis S. Kieren to be a captaiu in the l\larine \Valter V. Combs, Corps for temporary service. Thomas Uoran, First Lieut. Alvin J. Daigl~r to be a cavtain in the Marine Francis P. Tt·n;rnor, Corps for temporary service. Roy 0. SmitlJ, jr., Second Lieut. Cnrl J. Jes up to be a flr!:i t lieutenant in the 'Valter D. I.a Mont, l\larine Corps for temporary service. Clarl~son J. Bright, The following-narneut. Francis . S. Kieren to be a first lieutenant in .JULIUS KAHN, thP. ~l:lrine Co1·ps for temporary service. Jlanagcrs on the part oj the Ilouse.