1911. CONGRESSIONAL RECORD-_SENATE. 1093
SENATE. He also presented a memorial of Sunflower Grange, Patrons ot Husbandry, of Castle Rock, Colo., remonstrating against the TuESDAY, Ju1113 6, 1911. proposed reciprocal trade agreement between the United States and Canada, which was referred to the Committee on Finance. The Senate met at 2 o'clock p. m. He also presented a petition of the Pastors' Federation ot Prayer by tbe Ohaplain, ReY. Ulysses G. B. Pierce, D. D. Washington, D. C'Y praying for the proper observance of Sunday The VIOE PRESIDENT resumed the chair. as a day of rest in the District of Columbia, which was ordered The Secretary proceeded to read the Journal of the proceed to lie on the table. ings of Thm-sday last when, on request of Mr. GALLINGER .and He also presented a memorial of the Ancient Order of IDber by unanimous consent, the further reading was dispensed with nians of Delta County, Mich., remonstrating against the ratifi and the Journal was approved. cation of the proposed treaty of arbitration between the United The Secretary proeeeded to read the Journal ()f yest.erday's States and Great Britain, which was referred to the Committee proeeedings when, on request of l\fr. GALLINGER and by unani on Foreign Relations. mous consent, the further reading was dispensed with and the He also presented resolutions adopted by the Joint Alaskan Journal was approved. Committee of Seattle, Wash., relative to the rejection of certain SENATOR FROM ILLINOIS. coal locations in the Territory of Alaska, which were referred The VICE PRESIDENT. The Chair lays before the Senate a to the Committee on Territories. communication from the secretary of the :Senate of the State Mr. GALLINGER presented memorials of Honor Bright of Illinois, which will be read: Grange, No. 153; of East Sullivan; of Ossipee Lake Grange, The Secretary read the commnnication, as follows! No. 175; and of Lawrence Grange, No~ 117, all of the Patrons STA.TE OF ILLIN01S, SENAnJ CHAliBER, of Husbandry, in the State of New Hampshire, remonstrating SECRETARY'S OFFICE, against the proposed reciprocal trade agreement between the 8pn111ltteia, m., June 1, 1911. United States and Canada, which were referred to the Com Hon. CHARLES G. BENNETT~ 8ecretarv United Statea Sena,te, mittee on Finance. Wcubinoton, D. ·O. He also presented a petition of the city council of Ports DE.AR Srn: Inclosed I hand yon copy of senate resolution No. 78. mouth, N. H., praying that an appropriation be made for the adopted by the senate of the State of Illinois, forty-seventh general repair of the battleship Portsmoitth, which was ordered to lie assembly. I also inclose a eopy of the report made by the 'Special investigating on the table. eommilte.e in regard to the· election of WILLIAM Loru::MER ~ United He also presented a memorial of the .Ancient Order of IDber t'States Senator. nians of New Hampshire, remonstrating against the ratifica I also hand you a eopy -0f the evidence taken before the investigating committee. · tion of the proposed treaty of arbitration between the United The delay in sending these has been occasioned partly by reaso.n of States and Great Britain, which was referred to the Committee not getting a copy of the evidence. on Foreign Relations. Yours, very truly, J. H. PADDOCK, Secretary of tM Senate. He also presented a petition of the Northeast Washington Citizens' Association of the District of Columbia, praying for Mr. OULLOM. I move that the whole be printed as a docu the enactment of legislation providing for the payment of the ment and referred to the Committee <>n Privileges and Elections. debt of the District of Columbia, which was referred to the The VICE PRESIDENT. Without objection, the dQeuments Committee on the District of Columbia. will be printed as a document and referred to the ()ommlttee He also presented a petition of the State Council of the Dis on Privileges and Ellections. ( S. Doc. No. 45.) trict of Columbia, Daughters of America, and the petition of Mr. DILLINGHAM. I would suggest that, for the con 0. M. Bryant, of Washington, D. C., praying for the proper venience of the committee and the eonvenience of the &mate, observance of Sunday as a day of rest in the District of Colum the evidence be indexed before it is printed. bia, which were ordered to lie on the table. The VICE PRESIDENT. without -Objection., that procedure Mr. CULLOM presented a memorial of the congregation of will be followed. · the Seventh-day Adventist Church of Mattoon, Ill, remonstrat;.. .Mr. CULBERSON. .Mr. President, we can not h~r on this ing against the enforced observance of Sunday as a day of rest side of the Chamber. in the District of Columbia, which was ordered to lie on the The VICE PRESIDENT. The Senator from Vermont asked table. that the evidence be indexed before it is printed. He also pl'esented a petition of the Lake 'Mohonk Conference Mr. CULBERSON. I should like to ask if the evidence is on International Arbitration, of New York, and a petition of to tie _printed as a Senate document also. 220 school-teachers cif Binghamton, N. Y., praying for the ratifi The VICE PRESIDENT. That was the request, the Chair cation of the proposed treaty of arbitration between the United understood, of the Senator from Illinois, and. it was so ordered. States and Great Brita.in, which were referred to the Committee CONTAGIOUS DISEASES ,SERVICE. on Foreign Relations. Mr. MYERS presented a memorial of the Irish societies of The VICE PRESIDENT. The Chair lays before the Senate Great .Falls. Mont, .and a memorial of sundry citizens of Butte, a communication from the president of the Board -0f Commis Mont., remonstrating against the ratification of the proposed sioners of the District of Columbia, transmitting a draft of a treaty of arbitration between the United States and Great proposed joint resolution to provide funds for the continuance Britain, which were referred to the Committee on Foreign Rela of the contagious diseases service during the remainder of the tions. current fiscal year. The communication and accompanying He also presented a memorial of sundry citizens of Hamilton, papers will be printed .and referred to the Oommittee .on the Mont., remonstrating against the _passage of the so-called District of Columbia. Johnston Sunday rest bill, which was ordered to lie on the Mr. HEYBURN~ Is that in the nature of legislation coming table. ' in and being referred upon the introduction of a member of the board of commissioners? Mr. OHILTON presented a petition of Washington Oamp, No. The VICE PRESIDENT. That seems to be what it is. 8, Patriotic Order Sons of America, of Shepherdstown, W. Va., :Mr. HEYBURN. I think matters of legislation had better and a petition of Washington Camp, No. 37, Patriotic Order come from some Member of this body. Sons of America, of Rio, W. Va., praying for the enactment of The VIOE PRESIDENT. The Ohair will withdraw the com legislation to further restrict im.migratio~ which were referred munication for the present. to the Committee on Immigration. Mr. MARTINE of New Jersey presented a memorial of Local REESTABLISHMENT OF TERRITORIAL DIVISIONS. Division No. 540, Amalgamated Association of Street and Elec The VICE PRESIDENT laid before the Senate a communi tric Railway Employees of America, of Trento~ N. J., and a cation from the Secretary of War, transmitting, in response to memorial of the Grand Lodge, International Association of a resolution <>f the 1st instant, certain information 1·elative to Machinists, of Trenton, N~ J., remonstrating against the alleged the proposed reestablishment .of territorial divisions, which, abduction of John J. McNamara from Indianapolis, Ind., which with the accompanying papers and illustrations, was referred were referred to the Committee on F.ducation and Labor. t.o the Committee on Military Affairs .and ordered tp be printed. He also presented a memorial of Pequest Grange, No. 178, (S. Doc. No. 42.) Patrons of Husbandry, of Tranquility, N. J., remonstrating against the proposed. reciprocal trade agreement between the PETITIONS AND MEMORIALS. United .States and Canada, which was referred to the Com- The VIOE PRESIDENT presented a memorial of the San mittee on Finance. · Joaquin Valley Macaroni Factory of California, remonstrating He also presented memorials of Local Division No. 3, Ancient against macaroni being placed on the free list., which was re Order -0f Hibernians, of Dover; of the German-American .Alli ferred to the Committee on Finance. ance and United Irish Societies, of Hudson County; of Local 1694 CONGRESSIONAL RECORD-SENATE. JUNE 6,
Division No. 12, Ancient Order of Hibernians, of Jersey City; Mr. KENYON presented a petition of J. M. Tuttle Post, No. of the Liederkranz Association, Turn Verein, and Local Division 497, Grand Army of the Republic, Department of ·Iowa, of No. 5, Ancient Order of Hibernians, of New Brunswick; of Ottumwa, Iowa, praying for the enactment of legislation grant Gottlob Fehrle and Oska Sharfenskey, of South River; of C. J. ing increased pensions to veterans of the Civil War, which was Leyden, Edward Reiman, and P. J. Curry, of Jersey City; and referred to the Committee on Pensions. of Michael Flaherty and sundry other citizens of Harrison, East He also presented petitions of sundry citizens of Pella, Sioux Newark, Kearny, and Bergeniield, all in the State of New City, and Davenport, all in the State of Iowa, praying for Je~sey, remonstrating against the ratification of the proposed the ratification of the proposed treaty of arbitration between the treaty of . arbih·ation between the United States and Great United States and Great Britain, which were referred to the Britain, which were referred to the Committee on Foreign Re Committee on Foreign Relations. · lations. He also presented a memorial of sundry citizens of Iowa City, He also presented petitions of the congregations of the Congre Iowa, remonstrating against the ratification of the proposed gational Church of Bernardsville; of the First Baptist Church, treaty of arbitration between the United States and Great First Reformed Church, First Methodist Episcopal Church; Britain, which was referred to the Committee on Foreign Rela Fourth Reformed Church, Second Reformed Church, and St. tions. John's Episcopal Church, of Somerville, all in the State of New He also presented a petition of the Mutual Impro·rnment Club, Jersey, praying for the ratification of the proposed treaty of of Hawarden, Iowa, praying for the repeal of the present oleo arbitration between the United States and Great Britain, which margarine law, which was referred to the Committee on Agri were referred to the Committee on Foreign Relations. culture and Forestry. .Mr. GilIBLE presented petitions of sundry citizens of M He also presented a petition of the Lyon Township Agricul mour, S. Dak., praying for a reduction of the duty on raw and tural Club, of Iowa, praying for the passage of the so-called refined sugars, which were referred to the Committee on Finance. parcels-post bill, which was referred to the Committee on .M:r . .WETMORE presented a petition of the Local Council of Post Offices and Post Roads. Women of the State of Rhode Island, praying for the ratifica He also presented a me,m.orial of sundry citizens of Dubuque, tion of the proposed treaty of arbitration between the United Iowa, remonstrating against the imposition of a stamp tax on States and Great Britain, which was referred to the Committee proprietary medicines, which was referred. to the Committee on on Foreign Relations. Finance. .llr. BRISTOW presented memorials of Bloomfield Grange; He also presented a petition of sundry citizens of Clinton, Greenwood Grange, No. 1087; Linwood Grange, No. 1476; and Iowa, praying for the enactment of legislation for the protec Antioch Grange, No. 242, all of the Patrons of Husbandry, in tion · and control of the waters of Niagara Falls, which was the State of Kansas, remonstrating against the proposed re referred to the Committee on Foreign Relations. ' ciprocal trade agreement between the United States and Canada, He also presented a petition of F.itzhugh Lee Camp, No. 3, which were referred to the Committee on Finance. United Spanish War Veterans, Department of Iowa, of Dubuque, He also presented a memorial of sundry citizens· of Mitchell Iowa, praying for the enactment of legislation providing for Gounty, Kans., remonstrating against the enforced observance the reestablishment of the Army canteen, which was referred to of Sunday as a day of rest in the District of Columbia, which the Committee on Military Affairs. was ordered to lie on the table. He also presented memorials of sundry citizens of Orange Mr. NELSON presented a memorial of Local Division No. 6, City, Alt;on, Hospers, George, Rock Rapids, Lester, Larchwood, Ancient Order of Hibernians, of Duluth, Minn., l\,nd a memo Alvord, Doon, Rock Valley, Laurens, Linn Grove, Sutherland, rial of sundry citizens of Hibbing, Minn., remonstrating against Paullina, Granville, Sioux Center, Struble, Ireton, Maurice, the ratification of the proposed treaty of arbitration between Chatsworth, Richards, Denison, Ulner, Halvur, Arcadia, West the United States and Great Britain; which were referred to side, Vail, Lanesboro, Somers, Rinard, Holstein, Schaller, Early, the Committee on Foreign Relations. Galva, Cushing, Correctionville, Moorland, Bode, West Bend, He also presented a petition of the Church Federation Fraser, Callender, Boxholm, Inwood, Graettinger, Boone, · Boy Council, of Minneapolis, Minn., praying for the ratification of den, Hull, Sheldon, Bronsons, Lawton, Moville, Kingsley, and the proposed treaty of arbitration between the United States Pierson, all in the State of Iowa, remonstrating against the and Great Britain, which was referred to the Committee on passage of the so-called parcels-post bill, which were referred Foreign Relations. to the Committee on Post Offices and Post Roads. He also presented memorials of sundry citizens of Redwood Mr. POINDEXTER presented a petition of members of the County and of the congregations of the Seventh-day Adventist Third Coast Artillery Reserve Corps, Washington National Churches of Austin, Warba, Murdock, .Manka.to, Isanti, Foldahl, Guards, of Everett, Wash., praying for the enactment of legis Stewartville, and Duluth, all in the State of .Minnesota, re lation to further increase the efficiency of the Organized Militia, monstrating against the passage of the so-called Johnston Sun which was referred to the Committee on Military Affairs. day rest bill, which were ordered to lie on the table. He also presented memorials of Local Division No. 4, of .Mr. McLEAN presented a memorial of Local Grange No. 111, King County; of the county board of King County; of Local Patrons of Husbandry, of Hebron, Conn., remonstrating against Division No. 2, of King County; and of Local Division of the passage of the so-called cold-storage bill, which was re Bellingham, of the Ancient Order of Hibernians ; and of sundry ferred to the Committee on Manufactures. citizens of Spokane, all in the State of Washington, remon He also presented a memorial of the Business .Men's Asso strating against the ratification of the proposed treaty of arbi ciation of Bridgeport, Conn., remonstrating against the passage h·ation between the United States and Great Britain, which of the so-called parcels-post bill, which was referred to the Com were referred to the Committee on Foreign Relations. mittee on Post Offices and Post Roads. Mr. BURNHAM presented a memorial of the State officers of He also presented a memorial of Farmill Grange, No. 130, the Ancient Order of Hibernians of New Hampshire, remon Patrons of Husbandry, of Shelton, Conn., and a memorial of strating against the ratification of the proposed treaty of arbi llighland Grange, No. 113, Patrons of Husbandry, of South tration between the United States and Great Britain, which Killingly, Conn., remonstrating against the proposed reciprocal was referred to the Committee on Foreign Relations. trade agree.ment between the United States and Canada, which He also presented memorials of Honor Bright Grange, No. were referred to the Committee on Finance. 153, of East Sullivan; of Ossipee Lake Grange, No. 175, of He also presented a petition of the Chamber of Commerce of .Mountainview; and of Lawrence Grange, of Laconia, all of the New Haven, Conn., praying for the adoption of·an amendment Patrons of Husbandry, in the State of New Hampshire, remon to the corporation-tax law permitting corporations to make strating against the proposed reciprocal trade agreement be returns at the close of each fiscal year, which was referred to tween the United States and Canada, which were referred to the Committee on Finance. . the Committee on Finance. He also presented a petition of sundry citizens of New Haven, Mr. BRANDEGFIID presented a memorial of the Business Conn., praying for the proposed reciprocal trade agreement be Men's Association of Bridgeport, Conn., remonstrating against tween the United States and Canada, which was referred to the passage of the so-called parcels-post bill, which was re the Committee on Finance. ferred to the Committee on Post Offices and Post Roads. He also presented memorials of Local Division No. 1, of He also presented a memorial of the Ancient Order of Hi· .Mount Carmel; of Local Division No. 1, of New London; -of_ bernians of New Lon~on , Conn., remonstrating against the rati· i[,ocal Division No. 1, of Danbury; and of Local Division No. 1, fl.cation of the proposed treaty of arbitration between the of Wallingford, all of the Ancient Order of Hibernians, and of United States and Great Britain, which was referred to the sundry citizens of Danbury, all in the State of Connecticut, Committee on Foreign Relations. remonstrating against the ratification of the proposed treaty He also presented memorials of sundry citiz.ens of South of arbitration between the United States and Great Britain, Killingly and Bridgewater, in the State of Connecticut, remon which were referred to the Committee on Foreign Relations. strating against the ratification of the pro_ pos~ reciprocal . . ~ . 1911. CONGRESSIONAL RECORD-· SENATE. tl695 trade agreement between the United States and Canada_, which .of adversity we were either ~onducting our enterprises at an actual loss or in some of the InOTe favored instances on a basis of being was referred to the Committee on Finance. barely able to make expenses, and figuring also the inroads made by Mr. GRONNA presented a memorial of the congregation of the homesteaders upon our range .o ne will readily understand that at the Seventh-day Adventist Church of Bowdon, N. Dak., remon such a critical time, when the acmal1 foundations of our industry seem to have been shaken almost to the point of crumbling, that the intro 'Stra ting against the passage of the so-called Johnston Sunday duction of free wool and Canadian reciprocity would be the last straw, rest bill, which was ordered to lie on the table. .as it were, and would result in the complete obliteration of our industry. Mr. PERKINS presented memorials of the congregations of It ls pitiful in the extreme to witness the discouragement and despair so plainly written on the faces ot the stock growers, who hav(l the Seventh-day Adventists' Churches of Sacramento, Merced, been clinging with doglike tenacity to their means of livelihood during and Orloff, and of sundry citizens of Healdsburg, Windsor, the various reverses of the past two years, making heroic efforts to tide Point Arena, Napa City, and Sacramento, all in the State of themselves over until sueh time as an abundant rainfall and better California, remonstrating against the enforced observance of p:rices might lighten their burdens, and to observe with what despondent countenances they view these impending disasters in the forms of free Sunday as a day of rest in the District of Columbia, which were wool and Canadian reciprocity, seemingly ready to grasp from their ordered to lie on the table. unwilling hands the wherewithal by which they hoped to retrench their He also presented a ·petition of the Chamber of Commerce of finances and enable them to again hold up their heads amo:ng the con fident and prosperous of our ~ountry. Stockton, Oal., praying for the adoption of an amendment to On the part of the stock growers of eastern Wyoming, I implore your the corporation-tax law permitting corporations to make re thorough and careful consideration of these important measures, and turns at the -end of their fiscal years, which was referred to feel assured that atter the various facts and conditions have been considered, the Members of the United States Senate will hesitate the Committee on Finance. . to pass favorably upon bills that with-0ut the least doubt will cause He also presented a petition of the Woman's Improvement 'SUCh an immense amount of suft:ering among our ·people, and no material Club of Corona, Cal., praying for the enactment of legislation benefit to any other class, other than foreigners and a favored few in our country who need neither assistance nor protection. We have the to preserve and control the waters of Niagara Falls, which was .same unshaken faith in the wisdom and ability of our Senators that we referred to the Committee on Foreign Relations. have had in the past, and are quite positive that after a fair and l\Ir. ROOT presented petitioru; of 22 citizens of Brooklyn, 32 impartial investigation has been made, and th~ e11'ects of the Wilson Gorman bill have been called to mind, our safety will be assured by the citizens of Syracuse, 24 citizens of Solvay, and 10 citi intelligent and farseeing disposition of these all-important measures, zen"' of Lynn, all in th~ State of New York, praying for the and a healthful prosperity will once more attend our efl'orts. establishment of a national department of public health, which N. KELLY KLOD'l', were referred to the Committee on Public Health and National Netocas-tZe~ Westo.n County, Wyo. Quarantine. Mr. WARREN presented the memorial of R. 0. Parrish, of He also presented a memorial of sundry citizens of Camp Horse Creek, Wyo., remonstrating -against the ratification of ville, N. Y., remonstrating against the enforced observance of the proposed reciprocal trade agreement between the United Sunday as a day of rest in the District of Columbia, which was States and Canada, which was referred to the Oommittee on ordered to lie on the table. Flnance. He also presented memorials of Bullvill~ Grange; Goshen He also presented a memorial of Bricklayers and Masons' Grange, No. 975; Minisink Grange, No. 907; Hoosick Grange, International Union No. 1, of Cheyenne, Wyo., remonstrating No. 1127; Pekin Grange, No. 1202; Waldo Grange, No. 805; against the alleged abduction of John J. McNamara from In SoGth Rutland Grange; Essex Oounty Pomona Grange; South diana polis, Ind., which was referred to the Committee on the Onondaga Grange, No. 830; Tawasentha Grang~, No. 1135; Judiciary. Ticonderoga Grange; Speedsville Grange, No. 385; Ethan Allen Mr. MARTIN of Virginia presented sundry papers to accom Grange, No. 961; Syracuse Grange, No. 670; Crouerner Valley pany the bill (S. 2559) foT the relief of L. L. Scherer, which Grange, No. 982; Kent Grange, Ko. 1145; Darien Grange; Silver were referred to the Committee on Claims. Lake Grange, No. 1009; Hamptonburgh Grange, No. 950; Brock ADDRESS OF RIGHT HON. sm CHARLES FITZPA.TBICK. port Grange, No. 93; Genesee Valley Grange; Dundee Grange, No. 1089; Putnam Valley Grange, No. 1134, all of the Patrons Mr. WILLIAMS. I ask unanimous consent to have pub of Husbandry, in the State of New York, remonstrating agaillilt lished as a public document an address delivered by the Right the proposed reciprocal trade agreement between the United Hon. Sir Charles Fitzpatrick, chief justice of Canada, at the States and Canada, which were referred to the Committee on fifth annual banquet of the American Society of Intemational Finance. Law in this city on April 29 last. It is an address upon the Mr. CLAPP presented memorials of sundry citizens of Red subjects of peace, international law, and arbitration, the work wood County, Stillwater, Sherburn, l\foose Lake, Detroit, St. already done, and the work it is hoped will be done by The Paul, Pine City, Blackherry, Mankato, and Duluth, all in the Hague Court of Arbitration. (S. Doc. No. 41.) Stu te of Minnesota, remonstrating against the enforced -Observ The VICE PRESIDENT. Is there objection to the request ance of Sunday as a day of i:est in the District of Columbia, of the Senator from Mississippi? which were ordered to lie on the table. Mr. SMOOT. I failed to hear the Senator's request. What Mr. LA FOLLETTE presented a memorial <>f the Ancient is the d-0cument? · Or
By Mr. CURTIS : to the success of this great enterprise should prove t o the American people the ability of the Government to handle properly any problems A bill (S. 2640) granting an increase of pension to J. E. ot a similar na tu.re. Henderson; to the Committee on Pensions. Finally, this party of engineers wishes to acknowledge most heartily (By request.) A bill (S. 2641) to establish a national me and in the fullest manner the many courtesies it has received at the hands of the members of the commission nnd their employees, all ot morial home for aged and infirm colored people and for work whom have given us. every facility for investigation nnd full informa· ing girls; to the Committee on Appropriations. tion regarding all obscure points. A bill ( S. 2642) granting an increase of pension to Henry WM. H. WILEY, J. W. ROLLINS, Shearils (with accomp:mying papers); Committee on Resolutions of thte Civ·U Engineers' Party. A bill ( S. 2643) granting an increa.se of pension to Henry D. The above resolutions were presented at a meeting of the engineers' Smith (with accompanying papers); party at the Hotel Tivoli, Ancon, Canal Zone, March 15, 1911, and A bill (S. 2644) granting a pension to Thomas S. Murray were unanimously adopted. GEORGE A. KIMBALL, (with accompanying papers); Ohairman, Bo8ton, Mass. A bill ( S. 2645) granting an increase of pension to Sarah M. H.J. BURT, Payne (with accompanying papers) ; BecretanJ, Denver, Colo. A bill ( S. 2646) granting an increase of pension to George THE BUILDER OF THE CANAL. Simpson; [From the New York Sun.] A bill (S. 2647) granting an increase of pension to James F. Col. George w. Goethals, in carrying on the colossal work intrusted to bis management, is ahead of schedule. He is away under original Bacon; estimates and previous accomplishments in a hundred farticula.rs of A bill ( S. 2648) granting a pension to Daniel Jarboe; time, of co.st, of economy of operation, of thoroughness o construction. A bill (S. 2649) granting an increase of pension to George W. When the achievements of his engineering nnd administrative efficiency are finally measured by competent authority we b~lieve that the exhibit Smith; will astonish the world. No wiser thing was ever done by the American A bill ( S. 2{)50) granting a pension to Elise G. Irving; Government than when it was decided to commit the cxecuti.i;in of the A bill ( S. 2651) granting an increase of pension to William Panama enterprise to one of our own Army engineers, and there was ne;er a more fortunate choice of nn individual than when this modest P. Gilbert; and man of real power was put in charge. A bill (S. 2652) granting a pension to Mrs. Frank H. Mills; to the Committee on Pensions. SEN.A.TOR FROM ILLINOIS. Mr. DILLINGHAM. By direction of the Committee on Priv~ RECIPROCITY WITH CAN.ADA. ileges and Elections I report the resolution which I send to the Mr. McCUMBER, submitted an amendment intended to be desk, and ask unanimous consent for its present consideration. proposed by him to the bill (H. R. 4412) to promote reciprocal The PRESIDING OFFICER. The Senator from Vermont re trade relations with the Dominion of Canada, and for other ports a resolution and asks for its present consideration. Is purposes, which was referred to the Committee on Finance and there objection? ordered to be printed. l\!r. CULBERSON. Let the resolution be first read, Mr. President. WITHDRAWAL OF PAPERS-ANTIETAM BURNSIDE MANN. ' . The PRESIDING OFFICER. The resolution will be read for On motion of Mr. l\IoLEAN, it was the information of the Senate. Onl ered, That the papers in the case of Senate bill 1533, Sixty-first The Secretary rea.d the resolution ( S. Res. 60) , as follows : Congress, first sessionh granting a pension to Antietam Burnside Mann. be withdrawn from t e files of the Senate, there having been no ad Resolved, .That a committee consisting ot the following members of verse report thereon. the Committee on Privileges and Elections, Senators DILLINGHill, GAMBLE, JONES, KENYO!'I', JOHNSTON of Alabama, FLETCHER, KERN, and THE PANAMA CANAL. LE.A, be, and are hereby, authorized, empowered, and directed forthwith to investigate whether in the election of WlLLIAM LORIMER as a Senator Mr. WARREN. Mr. President, I have here a very brief of the United States from the State of Illinois there were used and em paper, being resolutions passed by a party of civil engineers, ployed. corrupt methods and practices, and whether he is now entitled members of the American Society of Civil Engineers, at a meet to retain his seat. · That said committee be authorized to sit dul"ing the sessions of the ing at Ancon, Canal Zone, l\Iarch 15, 1911. I ask unanimous Senate and during any recess of the Senate or of Congress ; to hold consent to have the paper printed in the RECORD as a matter of sessions at such place or places as it shall deem most convenient for information. the purposes of the investigation; to employ stenographers, counsel. n.ccountants, and such other assistants as lt may deem necessary; to The PRESIDING OFFICER (Mr. HEYBURN in the chair). Is send for persons books, records, and papers ; to administer oaths ; an Passed Asst. Paymaster Edwards S. Stalnaker to be a pay Capt. Willis IDine, Fifteenth Infantry, to be major from May master in the Navy from the 2d day of November, 1910, to fill 27, 1911, vice Maj. James E. Normoyle, Infantry, unassigned, a vacancy. - ·, detailed as quartermaster on that date. Lieut. Commander Claude B. Price .to be a commander in the COAST ARTILLERY CORPS. Navy from the 4th day of March, 1911, to fill a vacancy. Capt. Earle D'A. Pearce, Coast Artillery Corps, -to be major Lieut. (Junior Grade) John P. Miller to be a lieutenant in the from May 27, 1911, vice Maj. Thomas B. Lamoreux, detailed as Navy from the 4th day of March, 1911, to fill a vacancy. quartermaster on that date. . Lieut. (Junior Grade) William C. Barker, jr., to be a lieu First Lieut. Frederic H. Smith, Coast Artillery Corps, to be tenant in the Navy from the 8th.day of March, 1911, to fill a captain from May 27, 1911, vice Capt Earle D'A. Pearce, vacancy. Ensign John F. Connor to be a lieutenant (junior grade) in promoted. the Navy from the 13th day of February, 1911, upon the com CHAPLAIN. pletion of three years' service as an ensign. Chaplain George D. Rice, Twenty-seventh Infantry, to be Arthur Middleton, a citizen of the District of Columbia, to be chaplain with the rank of major from May 27, 1911. an assistant paymaster in the Navy from the 27th day of May, . APPOINTMENT BY TRANSFER IN THE ARMY. 1911, to fill a vacancy. Second Lieut Cushman Hartwell, Twenty-second Infantry, to The following-named ensigns to be lieutenants (junior grade) be second lieutenant of cavalry with rank from February 11, in the Navy from the 13th day of February, 1911, upon the 1911. completion of three years' service as ensigns: APPOINTMENTS IN THE ARMY. Andrew S. Hickey, Herbert F. Emerson, and MEDIC.AL RESERVE CORPS. Aubrey W. Fitch. To be first lieutenants i n the Medical Reserve Corps with ranla The following-named machinists to be chief machinists in the f r om May 26, 1911. Navy from the 1st day of January, 1911, upon the com_pletion Ira Ayer, of New York. of six years'_service as machinists : Henry David Brown, of Washington. Thomas W. Smith, and William Joseph Condon, of New Jersey. .Arthur H. Hawley. Timothy Francis Goulding, of Massachusetts. George Edward Maurer, of New York. PROMOTIONS IN THE ARMY. James Edwin Mead, ef Michigan. CAVALRY ARM. Louis Allaire .Molony, of Ohio. First Lieut. William S. Wells, Seventh Cavalry, to be cap Sylvester Francis O'Day, of New York. tain from April 13, 1911, vice Capt. Melvin W. Rowell, Eleventh David Michael Roberts, of Ohio. Cavalry, detailed as quartermaster on that date. Stanley Sevier Warren, of Tennessee. First Lieut. William H. Clopton, jr., Thirteenth Cavalry, to Robert Barker Williams, of California. be captain from May 12, 1911, vice Capt. John T. Haines, Elev Ernest Brindley Dunlap, of Oklahoma. enth Cavalry, who died l\Iay 11, 1911. Daniel Brannen Edwards, of Georgia. Second Lieut. Henry J. Reilly, Thirteenth Cavalry, to be James ·vincent Falisi, of .Arkansas. first lieutenant from April 13, 1911, subject to examination re James Graham Flynn, of Texas. quired by law, vice First Lieut William . S. Wells, Seventh John Tucker Halsell, of Texas. Cavalry, promoted. Irving McNeil, of Texas. Second Lieut. J ames J. O'Hara, Fourth Cavalry, to be first Lee Whitmore Paul, of Washington. lieutenant from April 17, 1911, vice ]j'irst Lieut. Walter II. Fred Allen Pittenger, of Idaho. Rodney, Second Cavalry, who died April 16, 1911. Walter Leon Teaby, of California. Second Lieut. Albert C. Wimberly, Fourteenth Cavalry, to be James Lyman Whitney, of California. first lieutenant from l\Iay 12, 1911, vice First Lieut. William H. John Wesley Edwards, of Washington. Clopton, jr., Thirteenth Cavalry, promoted. Theodore Bruce Beatty, of Utah. FIELD ARTILLERY A.RM. William Thomas Belfield, of Illinois. Forest Alvin Black, of"Washington. l\Iaj. Charles T. Menoher, First Field Artillery, to be lieu John William Colbert, of New Mexico. tenant colonel from May 26, 1911, vice Lieut. Col. John E. Mc James Frank Corbett, of Minnesota. Mahon, Field .Artillery, unassigned, detached from his proper James Beaty Eagleson, of Washington. command under the provisions of an act of Congress approved Herman William Goelitz,._ of New Mexico. March 3, 1911. William Charles Heussy, of Washington. Capt. Adrian S. Fleming, Fourth Field Artillery, to be major Andrew Jackson Hosmer, of Utah. from May 26, 1911, vice Maj. Qharles T. Menoher, First Field Simeon Edward Josepbi, of Oregon. Artillery, promoted. Walter Kelton, of Washington. First Lieut. Charles G. Mo.rtimer, Third Field Artillery, to Albert Edward Mackay, of Oregon. be captain from May 26, 1911, vice Capt. Manus McCloskey, Kenneth Alexander James Mackenzie, of Oregon. Fourth Field Artillery, detached froll) his proper command Ray William Matson, of Oregon. under the provisions of an act of Congre s approved March 3, Wiiliam Porter Mills, of New Mexico. 1911. Henry Joseph O'Brien, of Minnesota. Second Lieut. Harold E. Marr, Second Field Artillery, to be Brown Pusey, of Illinois. first lieutenant from May 26, 1911, vice First Lieut. Charles G. Alpha Eugene Rockey, of Oregon. Mortimer, Third Field. Artillery, promoted. John Osgood Rush, of .Alabama . INFANTRY A.RM. .Austin Ulysses Simpson, of Washington. Lieut. Col. Robert N. Getty, Seventh Infantry, to be colonel Alan Welch Smith, of Oregon. from June 1, 1911, vice Col. Alfred C. ShB;rpe, Twenty-third George Flanders Wilson, of Oregon. Infantry, detached from his proper command under the provi To be first lieutenants in the Medical Reserve Corps with ranla sions of an act of Congress approved March 3, 1911. from Jttne 3, 1911. Maj. Robert L. Hirst, Infantry, unassigned, to be lieutenant Daniel Webster Fetterolf, of Pennsylvania. colonel from June 1, 1911, vice Lieut. Col. Robert N. Getty, Edgar Smith Linthicum, of Maryland. Seventh Infantry, promoted. Reynolds Cornelius Mahaney, of Michigan. Capt. Ernest B. Gose, Twenty-fourth Infantry, to be major from May 27, 1911, vice Maj. Amos B. Shattuck, Twenty-fifth UNITED STATES CONSUL. Infantry, detailed as quartermaster on that date. Frederick Simpich, of Washington, now consul at Bagdad, to Capt Charles C. Clark, Twenty-seventh Infantry, to be major be consul of the United States of .America at Ensenada, Mexico, from June 1, 1911, vice .Maj. Robert L. Hirst, unassigned, vice George Schmucker. promoted. POSTMASTERS. Capt. Paul A. Wolf, Fourth Infantry, to be major from May ZJ, 1911, vice Maj. William T. Wilder, Infantry, unassigned, COLORADO. detailed as paymaster on that date. Jessie E. Field to be postmaster at Hotchkiss, Colo., in place Capt. George D. Moore, Twentieth Infantry, to be major from of George W. Miller, resigned. May 23, 1911, vice Maj. Eli A. Helmick, Infantry, unassjgned, Daniel C. Moore to be postmaster at Fort Lupton, Colo., in detailed as inspector general on that .date. place of George C. Bruce, removed. 1700 CONGRESSIONAL RECORD-SENATE. JU;t'JE 6,. ILLINOIS. CORPS OF ·ENGINEERS. Anthus Willard te> be postmaster n.t Macori, Ill., in place of Capt. Harley B. Ferguson to be major. B. A. Schudel, resigned. Capt. Frank C. Boggs to be major. INDIANA. Capt. Clarke S. Smith t() be major. Oapt. William P. Wooten to be major. Claude B. Thomas te> be postmaster at Moores HID, Ind., in First Lieut. Charles T. Leeds. to be- captain. place of H. D. Moore, removed. First Lieut. Harold C. Fiske ta be. captain. IOWA.. First Lieut Max C. Tyler to be captain_ William F. Muse to be postmaster at Mason City, Iowa, in First Lieut. IDysses S. Gran!, 3d, to be captain. place of Nathan C. Kotchell. Incumbent's commission expired First Lieut. Julian L. Schley to be captain. January 9, 1909. First L!ent. William H. Rose to be captain. MINNESOTA. First Lient. Richard C• . Moore to be captain. Second Lieut. Gilbert E. Humphrey to be first lieutenant. Rasmus L.. Mork to be postmaster at Bricelyn1 M.inn., in place of Knute C. Sandum, resigned. Second Lieut. Richard Pa.rk to be first lieutenant. Second Lieut. Daniel I. Sultan to be first lieutenant. l!ISSISSIPPL Second Lieut. Glen E. Edgerton to be first lieutenant. Mary C. Booze to be postmaster at Mound Bayou, Miss. Second Lieut. Charles L. Hall to be first lieutenant. Office became presidential January 1, 1911. Second Lieut. Virgil L. Peterson to be first lieutenant. MISSOURI. Second Lieut. George R. Goethals to be first lieutenant. T. C. Pinkley to be postmaster at Portageville, Mo., in place Second Lieut. John W. N. Schulz to be first lieutenant. of Goah Barnes, resigned. Second Lieut. Clarence L. Sturdevant to be first lieutenant. • MONTANA. Second Lieut. Earl J. Atkisson to be first lieutenant. CAVALRY ARM. W. W. McCall to be postmaster at Whitehull1 Mont., in place of Oscar H. Davey, resigned. Capt. Thomas Q. Donaldson, jr.1 to be major. First Lieut. Varien D. Dixon to be captain. NEW JERSEY. First Lieut. Verne La S. Rockwell to .be captain. Frank Meisel to be postmaster at Springfield, N. J., in place First Lieut. John W. Wilen to be captain. of Olin D. Sickley, resigned. First Lieut. George B. Oomly to be captain. NEW YORK. First Lieut. Charles G. Harvey to be captain. Seth S. Ackley to be postmaster at Piermont, N. Y.,, in place First Lieut. Richard M. Thomas to be captain. . of Otto W. P. Westervelt, removed. First Lieut. Fred W. Hershler to be captain. Charles W. Penny to be postmaster at Patterson, N. Y., in · First Lieut. George B. Rodney to be captain. place of Charles W. Penny. Incumbent's eommission. expired First Lieut. Alexander H. Davidson to be captain.. February 6, 1910. · First Lieut. Duncan Elliot to be captain. SOUTH DAKOTA. First Lieut. Christian A. Bach to be captain. Willard C. Huyck to be postmaster at Vermilion, S. Dak.,. In First Lieut. David H. Biddle to be cap.tain. place of Dalton A. Brosius. Incumbent's commission expired First Lieut. William F. H. Godson_i() be captain. February 28, 1911. First Lieut. George W. Winterburn to be captain. WISCONSIN, First Lieut. Lewis Foerster to be captain. First Lieut. Lewis W. Ca.ss to be captain. Ole Erickson to be postmaster at Grantsburg, Wis., in place First Lieut. Dennis P. Quinlan to be captain. of Ole Erickson. Incumbent's commission expired January 31, First Lieut. Edward W. Robinson to be captain. 1911. First Lieut. Gilbert C. Smith to be captain. WYOMING. F'irst Lieut. William P. Moffet to be' captain. Henry D. Ashley to be postmaster at Encampment, Wyo? in First Lieut. Archibald F. Commiskey fo be captain. place of Henry D.. Ashley. Incumbent's commission expired First Lieut. William A. Cornell to be captain. December 6, 1910. First Lieut. George J. Oden to be captain. First Lieut. James E. Shelley to be captain. CONFIRMATIONS. First Lieut. William L. Lowe to be captain. First Lieut Edward Calvert to be captain. Ecreoutive nominations confirmed by the Senate June 6, 1911. First Lieut. Broce Palmer to be captain. UNITED STA.TES ' CIRCUIT JUDGE. First Lieut. James El Fechet to be captain. William Schofield to be United States circuit judge for the First Lieut Philip W. Corbusier to be captain. first judicial circuit. First :Lieut. Frederick M. Jones to be captain. PROMOTIONS IN THE ARMY. First Lieut. Christian Briand to be captain. First Lieut. John A. Wagner to be captain. COAST ARTILLERY C Second Lieut. Edward M. Zell to be first lieutenant Frederick Tanquary Hyde. Second Lieut. Dorsey R. Rodney to be first lieutenant. .Augustus Edward Gerhardt Second Lieut. Alexander M. Milton to be first Ueutenant. Eugene Robert Hochstetter, jr. ·second Lieut. Hugh S. Johnson to be first lieutenant. Thomas Boone Victor Keene. Second Lieut. Carl Boyd to be first lieutenant. Frederick Henry Newberry. Second Lieut. Stephen W. Winfree to be first lieutenant. Theodore Stanley Proxmire. Second Lieut. Ephraim F. Graham to be first lieutenant. Emil Henry Webster. Second Lieut. George E. Nelson to be first lieutenant. Rollin Curtis Winslow. Second Lieut. Thomas L. Sherburne to be first lieutenant. Charles .William Tooker, jr• . Second Lieut. Oh.arles W. Stewart to be first lieutenant. Ralph Leroy Thompson. :Second Lient. Emil Engel to be first lieutenant. Arthur Henry Sewing. Second Lieut. Emmett Addis to be first lieutenant. Eugene Tawner Senseney. Second Lieut. Harry L. King to be first lieutenant. :Major Gabriel Seelig. Second Lieut. Arthur G. Hixson to be first lieutenant. Clive Douglas Scott. Second Lieut. Vaughn W. Cooper to be first lieutenant. Adolph George Schlossstein. Second Lieut. Robert C. Bichardson, jr., to be first lieutenant. Gerhardt Herman Raithel. Second Lieut. Robert M. Campbell to be first lieutenant. Virgil Loeb. · 'Second Lieut. George V. Strong :to be first lieutenant. Albert Frederick Koetter. Second Lieut 'George B. Hunter to be first lieutenant. Albert Henry Hamel. Second Lieut. Stanley Koch to be first lieutenant. Walter Fischel. Second Lieut. Stephen C. Reynolds to be first lieutenant John M:cHale Dean. Second Lieut. William V. Carter to be first lieutenant. George William Cale, jr. Second Lieut. Henry 0. Pratt to be first lieutenant. Orville Harry Brown. Second Lieut. Charles B. Amory, jr., to be first lieutenant. Richard Shepard Bryan. Second Lieut. Kinzie B. Edmunds to be fust lieutenant. Judson Daland. Second Lieut. Charles S. Hoyt to be first lieutenant. Clarence Payne Franklin. Second Lieut. Henry J. Reilly to be first lieutenant. Randle Crater Rosenberger. Second Lieut. James .J. o~ Hara to be first lieutenant. Elijah Hollingsworth Siter. [The following-named officers were nominated to the Senate on William Merrick Sweet. May 4 and May 9, 1911, respectively, and the nominations were John Ryan Forst. Edwin Payne Tignor. bill H. R. 11031, and that it be referred to the Committee on John Archibald Mc.Alister. Appropriations. Is there objection. George Harry Casaday. Mr. MOON of Tennessee. I object, l\!r. Speaker. Julien Rex Bernheim. Mr. FITZGERALD. l\Ir. Speaker, by direction of the Com Rex Hays Rhoades. mittee on Appropriations, I move that the Committee on the George Edward Stallman. Post Office and Post Roads be discharged from the further con George Irvin Gunckel. sideration of the bill and that it bQ referred to the Committee Frank Powell Stone. on Appropriations. Raymond Eugene Ingalls. The SPEAKER. The gentleman from New York moves that Harold 0. Scott. the Committee on the Post Office and Post Roads be discharged John Richard Ames. from the further consideration of H. R. 11031, and that the bill Edward Pressley Rhea Ryan. be referred to the Committee on Appropriations. Rt1bert Hilliard Milli:;. Mr. FITZGERALD. Mr. Speaker, if the Chair will indulge Frank Leonard Kemner Laflamme. us for a moment, the gentleman from Tennessee and myself Minot Everson Scott. may make an arrangement-- George Dudley Graham. The SPEAKER. The Chair desires to hear what the gentle Robert Fulton Patterson. man from New York is saying. Samuel Hunter Leslie. Mr. FITZGERALD. Mr. Speaker, if the Chair will indulge - POSTMASTERS, me just a moment, the gentleman from Tennessee and myself GEORGIA, may make a little arrangement to defer action on the motion Edward M. Hagin, Douglasville. until some future time. Mr. UNDERWOOD. Mr. Speaker, I would like to ask the MISSISSIPPI. gentleman from New York and the gentleman from Tennessee Annette Simpson, Pass Christian. to let the matter go over until the gentleman from Tennessee OKLA.HOMA. comes back-he is going away-without prejudice and without Robert G. Morris, Hollis. any report on the bill. George Y. Walbright, Stroud. Mr. FITZGERALD. When is he coming back? l\fr. MOON of Tennessee. I will be away perhaps 10 days. Mr. GARRETT. That is, subject to the point of order? WITHDRAWALS. Mr. FITZGERALD. If it will accommodate the gentleman Executive nominations withdrawn from the Senate Jime 6, 1911. from Tennessee to have the motion acted upon at a later date, The following nominations for promotion of the officers and there will be no attempt to report the bill in the meantime., herein named, which were submitted to the Senate on l\fay 24, I am willing to let the matter stand over until some date to be 1911, have been withdrawn. They will be nominated for pro agreed upon. motion in another message, each with an earlier date of rank. Mr. MOON of Tennessee. Mr. Speaker, it is not a matter of any accommodation whatever to me; I am ready to dispose of OAV ALRY A.RM. it now; but the gentleman from Alabama [Mr. UNDERWOOD] First Lieut. William S. Wells, Seventh Cavalry, to be cap desires to have the matter go over, and I am willing to ac~ tain from May 12, 1911, vice Capt. John T. Haines, Eleventh commodate him if it can be considered as pending, the time to Cavalry, who died May 11, 1911. be agreed upon hereafter for its disposition. Second Lieut. Henry J. Reilly, Thirteenth Cavalry, to be l\Ir. BURLESON. And no further action to be taken in the first lieutenant from April 17, 1911, subject to examination re meantime? quired by law, vice First Lieut. Walter H. Rodney, Second .Mr. MOON of Tennessee. Of course, I am not going to report Cavalry, who died April 16, 1911. the bill pending this motion. Second Lieut. James J. O'Hara, Fourth Cavah'Y, to be first Mr. UNDERWOOD. For it to go over until a time to be lieutenant from May 12, 1911, vice First Lieut. William S. agreed upon by the gentlemen. Wells, Seventh Cavalry, promoted. Mr. MOON of Tennessee. Mr. Speaker, of course I desire to reserve the point of order on the gentleman's motion. 'l'he SPEAKER. The gentleman from Tennessee reserves the HOUSE OF REPRESENTATIVES. point of order. Mr. UNDERW_OOD. Now, Mr. Speaker, I ask unanimous TuESDAY, June 6, 1911. consent-- Mr. FITZGERALD. I would like to know what the point of The House met at 12 o'clock noon. order is. I do not wish this motion to go over with a point The Chaplain, Rev. Henry N. Couden, D. D., offered the fol of order pending when I have no manner of ascertaining what lowing prayer : the point to be pressed is. This motion is made under the rule. Our Father in heaven, we would hallow Thy name in thought, The SPEAKER. The motion is under the rule, and tbe word, and deed; hence we wait upon Thee for the quickening motion is not debatable. This proceeding, of course, is by of that spark which makes us Thine and the whole world akin unanimous consent. If any gentleman has any motion to make, and which inspires to great thoughts, clean living;and noble deeds. the Chair will entertain it. Speak to us that we thus go forward to the tasks of the hour l\fr. HELM. Mr. Speaker, I ask unanimous consent for the in .faith, hope, and love. For Thine is the kingdom and the present consideration of the resolution which I send to the power and the glory, forever. Amen. Clerk's desk. The Journal of the proceedings of Friday, June 2, 1911, was 'l'he SPEAKER. The gentleman will wait until the other read and approved. matter is disposed of. . CHANGE OF REFERENCE. Mr. FI'rZGERALD. Mr. Speaker, I ask unanimous consent Mr. FITZGERALD. Mr. Speaker, I ask unanimous consent that there may be 30 minutes' debate on this motion-15 min to correct a reference. I ask unanimous consent that the Com utes to be controlled by myself and 15 minutes by the gentle mittee on the Post Office and Post Roads be discharged from man from Tennessee [Mr. MooN]. the consideration of the bill H. R. 11031 and that it be referred Mr. MANN. What about this side of the House? We are not to the Committee on Appropriations. entirely out of the House. [Laughter.] The SPEAKER. The Clr.rk will report the bill, so that the Mr, FITZGERALD. Mr. Speaker, I am perfectly willing to House can understand what it is going to vote upon. yield to gentlemen on that side of the House who are on my The Clerk read as follows: side of the contrO"rersy. I shall be delighted to have them all A bill (Il. R. 11031) making immediately available a part of the amount appropriated for inland transportation, by star routes, for the fiscal with me. [Laughter.] year ending June 30, 1912, and for other purpose!. Mr. CANNON. Mr. Speaker, I want to suggest to the gen Be it enacted, etc., That of the sum of $7,117,000 appropriated !or In tleman, if he will allow me, touching time, that in my judg land transportation, by star routes (excepting in Alaska), including tem is porary service to newly established offices, by the "Act making appropria ment, while this motion, standing as to this exact case, not tions for the service of the Post Office Department for the fiscal year of great importance, it seems to me that under the rules of the ending June 30, 1912, and for other purposes," approved March ~. 1911, House, with many appropriations committees and with other the sum of $40,000 shall be immediately available. . committees having jurisdiction under the rules, there is no The SPEAKER. The gentleman from New York asks unani more important question touching correct procedure, without mous consent that the Committee on the Post Office and Post regard to politics on either side of the aisle, than this. No Roads be discharged from the further consideration of tb.e greater question has been presented or can be presented. 1911. CONGRESSIONAL RECORD-HOUSE. 1703 Therefore I suggest to the gentleman that if there is to be a The SPEJAKER. Objection is made by the gentleman from real contest about this matter 15 minutes' time on a side is not Virginia [Mr. HAY]. The question is on the motion of the sufficient. gentleman from New York, that the Committee on the Post Mr. UNDERWOOD. M~. Speaker, the controversy in th1s Office and Post Roa.dB be discharged from further consideration matter is on the question whether this bill is a deficiency bill of H. R. 11031, and that the bill be referred to the Committee or not. If it is a deficiency bill, it undoubtedly goes to the on Appropriations. general Committee on Appropriations. If it is not a deficiency Mr. FITZGERALD. Mr. Sireaker, I modify the request, and · bill, it goes to the Committee on the Post Office and Post make it one hour on a side. I understand that the gentleman Roads. I think the gentlemen on the committees can settle who objected to two hours will not object to one hour. that, without bringing the controversy before the House, by The SPEAKER. The gentleman from New York modifies the an investigation of the facts relating to the bill, and I ask request, to make it one hour instead of two. unanimous consent that the matter go over for the irresent Mr. MANN. Mr. Speaker, reserving the right to object, I without prejudice to either side. Of course, that means that should like to inquire if the gentleman from Virginia objected no report shall be filed until the question is settled. to the length of the debate or to having debate at all upon the Mr. SHERLEY. Mr. Speaker, reserving the right to object, proposition. I would like some definite time to be fixed. I agree with the Mr. HAY. The objection wns made because I thought two gentleman from Illinois [Mr. CANNON] that no more important hours was too long. I will not object to one hour. matter as to the machinery of the House can come up than Mr. MANN. Does not the gentleman think that the House, the queition of whether or not deficiencies are to remain with in the position that it is in, might well afford to work to-day . the Committee on Approl)riations. I for one am not willing for two hours instead of one hour? simply to let the matter go over indefinitely. It may be that Mr. HAY. I do not care whether it will be working or not. some others of us will not be able to be here all the time. I Two hours is too long a time to devote to this question. would like to have some stipulation as to when the matter can Mr. HENRY of Tens. We have a lot of other things to dis be brought up. pose of. Mr. UNDERWOOD. The gentleman from Tennessee [Mr. The SPEAKER. The gentleman from Kentucky [Mr. SHER MooN] stated that he desired to be absent for a few days, and LEY] originally asked for two hours. The gentleman from New I presume the matter could go over until he returned. York [Mr. FITZGERALD] deiires to modify that by making it one Mr. MOON of Tennessee. I do not want the matter to go ~~ - over on my account, of course. I want to go away for about Mr. MANN. I suggest to the gentleman that he ask for an two weeks, but it is utterly immaterial to me whether the hour and a hnlf. I think we are entitled to some time on this matter goes over or not. · side of the House. Mr. UNDERWOOD. If the matter goes over without preju The SPEAKER. The gentleman from Illinois suggests an dice, it can be a&eertained by the committees whether it is a hour and a half. He modifies the previous request, so that the deficiency or .not. If it is a deficiency, I take it that it will go real question is for unanimous consent for an hour and a half to the Committee on Appropriations. debate. May the· Chair inquire of the gentleman from Illinois Yr. FITZGERALD. Let the question be postponed until the about the control of the time? 20th of June, with the understanding that the bill wm not be Mr. MANN. Controlled as before. reported in the meantime. The SPEAKER. One half to be controlled by the gentleman Mr. MANN. Does the gentleman yield for a question? from New York [Mr. FITZGERALD] and tile other by the gentle Ir. UNDERWOOD. I do. man from Tennessee [Mr. MooN]. Is there objection to the Ir. MANN. This is by unanimous consent. The gentleman hour and a half? su~gests that perhaps the chairmen of the two committees There was no objection. could agree. The gentleman remembers that there are a num DUTIES ON WOOL, ETC. ber of appropriating committees of the House, and that there Mr. UNDERWOOD. Mr. Speaker,. if the gentleman from bas been more or less controversy as to whether a bill was a New York [Mr. FITZGERALD] will yield to me for a moment, I deficiency bill or not. Would it not be just as well-no personal desire to make a privileged report (No. 45). feeling being_ involved in this case at all, as I understand-to have the House settle it? Mr. FITZGERALD. I yield to the gentleman from Alabama. Mr. UNDERWOOD, by direction of the Committee on Ways Mr. UNDERWOOD. I have no objection to its being settled and Means, reported a bill (H. R. 11019) to reduce the duties now. I do not think there is any question whatever, under the on wool and manufactures of wool, with the recommendation rules of this House, that a deficiency bill goes to the Committee that the bill pass without amendment. on Appropriations, and should go there. Now, this is merely a The bill was read a first and second time, referred to the question of fact, and I must say to the gentleman from Illinois Committee of the Whole House on the state of the Union, and, that I do not understand the facts myself now. with the accompanying report, ordered to be printed. Mr. MANN. But the gentleman probably does not recall that Mr. PAYNE. Mr. Speaker, I ask unanimous consent to file at the last session of Congress the Committee on the Post the views of the minority, and that they be printed with the Office and Post Roads boldly avowed on the :floor of the House report.- their intention, if possible, to take jurisdiction over postal de The SPEAKER. The gentleman from New York asks permis fici encies, instead of having them go to the Committee on Ap sion to file the views of the minority and that they be printed vropriations, and not only avowed it, but carried their avowal with the report. If there be no objection, it will be so ordered. into the law; and when deficiencies were 'Stricken out in the There was no objection. House on points of order they were restored in another body Mr. UNDERWOOD. Mr. Speaker, I wish to give notice that :md left in the bill in conference in a way that they could not to-morrow I will move to go into Committee of the Whole House be questioned in the House. on the state of the Union for the consideration of this bill. Now, would it not be just as well for the House, when it is I now ask unanimous consent that, in addition to the bills no-t involved in these matters, to determine whether the rule that are printed for the folding room, 5,000 copies of this with reference to deficiencies shall be enforced by the other report may be printed, 1,000 for the use of the committee and appropriating committees, and the Committee on Appropriations 4,000 copies of the report to go to the credit of Members in have jurisdiction, or whether the various other appropriating the folding room. committees shall endeavor to seize jurisdiction over deficiencies. l\Ir. PAYNE. Doe.s that request include the views of the Mr. UNDERWOOD. Mr. Speaker, as there seems to be ob minority? jection to the matter going over, I withdraw my request for Mr. UNDERWOOD. Including the views of the minority. unanimous consent. The SPEAKER. The gentleman from Alabama asks unani Mr. SHERLEY. Mr. Speaker, I should like to submit a re mous consent that 5,000 copies of the report be printed, 1,000 quest for unanimous consent that two hours be permitted for for the use of the committee and 4,000 to go to the folding debate upon this question, the time to be equally divided be room. Is there objection '1 • tween the gentleman from New York [Mi:, FlTzGERALD] and Mr. PAYNE. Mr. Speaker, a gentleman on this side sug the gentleman from Tennessee [Mr. MooN]. gests that extra copies of the bill be' also printed. The SPEAKER. The gentleman from Kentucl7 asks unani Mr. UNDERWOOD. The bill is included in the report. mous consent that the debate on this motion be extended two Mr. ~'"N. Well, we ought to have it printed separately. hours, one half the time to be controlled by the gentleman from I thought the gentleman's request covered 5,000 extra copies Kew York [Mr. FITZGERALD] and the other half by the gentle of. the bill. man from Tennessee [Mr. MooN]. Is there objection? Mr. UNDERWOOD. I haye no objection to that; but the bill Mr. HAY. I object. is included in the report. . . 1704 CONGRESSIONAL RECORD-HOUSE. JUNE 6,_ Mr. MA.i:'N. I know; but the gentleman knows that the bill to prepare those bills in parallel columns, but I can furnish printed in the l.'eport will be printed in such fine type that the to-morrow copies of all the recent woolen schedules, not in gentleman ought not to and I can not read it. parallel columns, but the one following the other, and they can Mr. UNDERWOOD. I will include in that request that 5,000 be printed at once, if that is satisfactory. copies of the bill be printed in the same way. Mr. P .A.YNE. If the gentleman from Alabama will allow me Mr. MANN. May I inquire of the gentleman as to whether a suggestion, we h~d before the committee last week something it will be practical to have the bill printed in parallel columns, that was very close approaching to printing those three bills showing this bill, the Wilson law, and the Payne law? in parallel columns. .- .Mr. UNDERWOOD. Mr. Speaker, I will say to the gentle Mr. UNDERWOOD. I have no objection-- man that in the report the bill as printed carries the rates in Mr. MANN. I have no objection to- covering the whole thing, the Payne law and in the Wilson law and in this bill, but does if it can be put in a shape that is readable and convenient of not carry the full bill. access. . · Mr. MANN. I suppose the report is substantially the same Mr. UNDERWOOD. Of course all of them can not be put in that respect as the bill presented to the Democratic caucus? in parallel columns. The gentleman is right; you can put but Mr. UNDERWOOD. Yes. three in parallel columns, but I have no objection to the gentle Mr. :MANN. It will be very convenient for Members, if it man's request. were practical, as it seems to me it would be, to have printed The SPEAKER. What is the request now? in parallel columns the provisions of the bill and the two laws. Mr. PAYNE. Mr. Speaker, I do not see the necessity of Mr. UNDERWOOD. I would say to the gentleman, Mr. printing the Dingley law and the present act, because there are Speaker, it would be very difficult to have the bills prepared in only two changes in the present law from the Dingley law, parallel columns, but I have in my committee room a copy of all and those are minor changes. I have no objection to it, but I the recent tari..tr bills, and if the gentleman desires it on to do not see the necessity for it. morrow I will present them to the House and ask unanimoug Yr. MANN. Mr. Speaker, my request is to print 1,000 copies consent that they be printed as a House document. of the proposed bill on the woolen schedule, the Wilson, and Mr. MANN. As to the wool schedule? the Payne law in :parallel columns. Mr. UNDERWOOD. Yes; as to the wool schedule; but not The SPEAKER. The request of the gentleman from Illinois in parallel columns. is that 1,000 copies of the woolen schedule of the proposed bill. Mr. MANN. I think it might be very desirable, if that is the the Wilson law, and the Payne law be printed in parallel best thing that can be done. columns. Is there objection? Mr. CANNON. Mr. Speaker, certainly to an indolent man Mr. EDWA.RDS. Mr. Speaker, reserving the right to object, like myself it would be well, and it seems to me practical, to I would like to ask the gentleman from Illinois to make this have the bill, the Dingley law, and the Wilson law printed, and request 5,000 copies; and the reason for asking that it be made it is my recollection that it has been printed in that way before. that number is that there is a widespre d interest in this It il!I merely as a matter of convenience. question throughout the country, and the Members of the House Mr. UNDERWOO_D. Mr. Speaker, where does the gentleman will be receiving requests for this document, covering this desire to have it printed? Of course I do not care to have it comparil!!on, and will be unable to comply with the requests. I injected into my report. would sugge!!lt to the gentleman from Illinois that he make his Mr. CANNON. Oh, not at all. request for ~ . 000 copie!!I. Mr. MANN. Not at all; but to have extra copie~ printed for Mr. MANN. I would suggest to the gentleman that these be the use of the House, showing the bill, the Wilson law, and the first printed, and if it can be put in a convenient form and Payne Ia w, which is practically the Dingley law, in parallel there is any occasion we can very easily increase the number, columns. but if it is going to be bulky and incoll'venient we would not Mr. UNDERWOOD. I have no objection-- like to send them out, although we might use them here. Mr. MANN. If the committee clerks are able to make that The SPEAKER. Does the gentleman from Illinois accept? up, I think it would be convenient to everybody in the House. Mr. MANN. I think It would be well for us to wait until it Mr. UNDERWOOD. Mr. Speaker, I have no objection to is fir~t printed. that request as a separate request. Mr. EDW.A.RDS. I do not insist upon my request Mr. MANN. Certainly. The SPEAKER. Is there objection to the request of the Mr. FOSTER of Illinois. Mr. Speaker, I would like to in gentleman from Illinois as stated by the Chair? [After a quire if it is the intention to print both the Dingley law and pause.] The Chair hears none, and it is so ordered. the Payne law in parallel columns? WITHDRAWAL OF PAPERS. Mr. MANN. Oh, no. Mr. FULLEB, by unanimous consent, was granted leave to Mr. CA.i.~ON. The Payne law is the same as the Dinglay. Mr. FOSTER of Illinois. If we are going to have these bills withdraw fr~m the files of the House, without leaving copies, printed in parallel columns, we ought to put in both the Ding papers in the case of Mary R. C. Blanchard, Sixty-first and ley law and the Payne law. Sixty-second Congresses, no adverse report having been made Mr. MANN. O:t course there is not much difference. thereon. Mr. FOSTER of Illinois. That is what I want to know, and CHANGE OF REFERENCE. to have it done to show that difference. The SPEAKER. The gentleman from New York is recog Mr. MANN. Mr. Speaker, I have no objection to printing nized for 45 minutes. them all, but you can not put them on a sheet of paper that is Mr. MOON ot Tennessee. Mr. Speaker, before the gentleman - convenient. You can print three parallel columns on a piece of from New York proceeds, I desire to ask him if his committee paper in such shape that we can get at it conveniently, as we has met and passed a ·resolution demanding jurisdiction of the have done repeatedly from our committee. bill? The SPEAKER. What is the request? Mr. FITZGERALD. I will say to the gentleman that the Mr. UNDERWOOD. My request is, Mr. Speaker, that 5,000 Committee on Appropriations met and authorized me to make copies of the bill and report, including the minority views, be the motion in the House. printed in addition to those ordinarily printed and distributed Mr. MOON of Tennessee. Then the point of order is not in the document room, and that of those 5,000 copies 1,000 shall well taken, if that is the fact. go to the Committee on Ways and Means and 4,000 shall go Mr. FITZGERALD. I understand there is no question of to Members of the House to their credit in the folding room. order pending against the motion. The SPEAKER. The gentleman from Alabama asks unani The question before the House, :Mr. Speaker, is one of vital mous consent that 5,000 copies of the bill and the report, in importance, not only to the orderly transaction of the busines!I cluding the minority report, be printed in addition to the usual of the House, but to the proper administration and expenditure number of bills printed; that 1,000 of them shall go to the of the public funds. The bill which is the subject o! contro Committee on Ways and Means and 4,000 to the folding room versy purports to make immediately available for the public for use of the Members. Without objection, it is so ordered. service for the current fiscal year $4-0,000 of the amount ap. [After a. pause.] The Chair hears no objection. propriated !or the'next fiscal year, which commences on the 1st Mr. MANN. Mr. Speaker, I ask unanimous consent that there of July. The Committee on Appropriations contends that this be printed a thousand copies of the proposed bill, the Wilson bill is to supply a deficiency in the appropriations for the e.:i'.ist Jaw, and the Payne law, so far as the woolen schedules are con ing fiscal year. cerned, in parallel columns, if that can be prepared by the clerks The SPEAKER. Will the gentleman from New York sus of the Committee on Ways and Means. pend? The Chair desires to say that the matter that is being Mr. UNDERWOOD. Mr. Speaker, I will say that it will be debated by these gentlemen is a matter of vast importance to quite difficult and it will probably take some time for the clerkS the House, not only with respect t_o this particular bill, but, also 1911. CONGRESSIONAL RECORD-HOUSE. 1705 to scores of other bills that are liable to come up, and these ment of contract obllgations expressly authorized by law, or for objects required or authorized by law without reference to the amounts an gentlemen are entitled to be heard, and the Chair is entitled nually appropriated therefor, shall, on or before the beginning of each t? have a chance te hear what they say. Gentlemen who de fiscal year, be so apportioned by monthly or other allotments as to pre sire to converse will please leave the Hall. The gentleman from vent expenditures in one portion of the year which may necessitate deficiency or additional appropriations to complete the service of the New York will now proceed. · fis'ca~ year for which said appropriations are made ; and all such ap Mr. FITZGERALD. The contention of the Committee on portwnments shall be adhered to and shall not be waived or modified Appropriations is that -this bill is to supply a deficiency in the except upon the happening of some extraordinary emergency or unusual cir<:1un~tance which co~ld not ~e. anticipated at the time of making such appropriations made for the service of the present fiscal year. apportionment, but this provision shall not apply to the contingent The appropriation for this service, carried in the Post Office ap appropriations of the Senate or House of Representatives ; and in case It said apportionments are waived or modified as herein provided, the propriation bill, was $7,170,000. now appears that an at S?-me shnll be waived or modified in writing by the head of such execu tempt is to be made to increase the amount that is to be ex tive department or other Government establishment having control of pended by $40,000. The disposition of this motion does not at the expen_diture, a.nd the reasons therefor shall be fully set forth in each particular case and communicated to Congress in connection with all affect the question as to whether the appropriations should estimates for any additional appropriations required on account thereof. be made or shall be made. T:t-~ merits of the request for the Any person violating any provision of this section shall be summarily money are not involved. The only question involved is, To removed from office and may also be punished by a fine of not less than which committee should this request be referred for investiga $100 or by imprisonment for not less than one month. (Feb. 27, rno6, tion? Stat. L., vol. 34, p. 49, sec. 3.) Mr. Speaker, it is neeessary to understand the method by This statute was enacted in 1906, and since that time the which estimates are made for the public service and by which deficiencies in the service in the various departments have not appropriations following the estimates are made in order to exceeded $9,000,000 or $10,000,000 in any one fiscal year, and understand the question involved here. Section 3669 of the they have invariably been deficiencies which, under the law, Revised Statutes is as follows: are recognized as being properly incurred by the heads of tte All annual estimates for the public service shall be submitted to Con departments. gress through the Secretary of the Treasury, and shall be included in Now, the appropriation for this branch of the postal service the Book o! Estimates prepared under his dirE)ction. was made for the present fiscal year in the Post Office appro In 1884 a statute was enacted (July 7, 1884; Stat. L., vol. 23, priation act for the fiscal year 1911, the current fiscal year. p. 254) which provided that- No estimate has been submitted by the Post Office Department All. es:tJmates o! appropriations and estimates o! deficiencies in ap for an additional sum. No request has come in the manner propriations intended for the consideration and seeking the action of provided by law for this additional money. No statement has an:r o! the committee11 of Congress shall be transmitted to Congress been made as to whether the appropriation was apportioned in throug~ the Secretary of the Treasury, and in no other manner ; and the s~1d Secretary shall first cause the same to be properly classified, accordaJ?Ce with the law, and because of some condition arising comp1Ie?._ indexed, and printed under the supervision of the chief of as provided by the statute it has been necessary to waive it the d1v1s1on of warrants, estimates, and appropriations of his depart ment and the reasons for such waiver transmitte Tawney, who was chairman of the Committee on Appropria superiority of his committee and the legal right under the law. tions for six years, and who retired at the end of the last Con to take jurisdiction of this matter. Now, just for a moment gress, submitted his annual review of the :rppropriations made on the question of jurisdiction, and I want to say, too, all that by Congress at its last session, which statement appears in the the gentleman from New York may have said and all that he RECORD of the 10th of .Mareh of this year. He was speaking of may have read in reference to .estimates may be true and propei: what he believed to be the unwisdom of having the appropria under a proper state of facts, but it has no application in tions distnouted among a number of committees and he said: the matter we are now considering, from the point of view r Not the least ot the evils resnltini: from this sy3tem of several com take. The jurisdiction of the Committee on .Appropriations mittees controlling a.ppropriat1on bills is the practice of making ap appropriating the reYenues for the support of the Government propriations 1mme0Iate1y avallable. To snch an extent has this grown as herein provided is for legislative, executive, and judicial ex that large portions of many sums carried in appropriation bills pur porting to provide for the running expenses ot an ensuing fiscal year penses, for sundry civil expenses, for fortifications and coast are, in fact, de!ilgned to cover deftciencies that already exist or are an defense, for the District of Columbia, for pensions, and for all ticipated 1n a preceding year, thus evadlng the penalties of the allti deficiencies. The jurisdiction of the Committee on the Post deficiency law and defeating the very purpose of the creation by law of our Government fiical year, which was established in order that Office and Post Roads is over all bills in reference to post Congress might have an accurate measure of time, adjusted to the be otfices and post roads, including appropriations for their sup ~ning and clomng of the re~lar session.s, by which to. gauge the port. While I think as a primary question the sensible thing operating expenses of the Government. for this House to do would be to denude this committee of· its Mr. Speaker, right at the outset of this Congress we are con eyer-usurping power in this House-the Committee on Appro. fronted with this qnestion that must be determined, and that is priations-from the control of all deficiencies, and allow each whether the departments are to be compelled to submit their committee from which deficiencies come, or the department over requests for deficiencies in the manner prescribed by law and which the committee has control, to dispose of them, still under in accordance with the rules of the House, or whether-they are the existing law I concede the right to the Committee on to seek out those places where it may be possible without the Appropriations to pass on the question of deficiencies. scrutiny which the law intends shall be given for increases in Is this a deficiency? Who says so? There is nothing on the their current appropriations and thus eYade the penalties of face of this bill declaring that it is a deficiency. As a matter the law. of fact, there is absolutely no deficiency at this moment, and This applies not only to this bill, but it will apply to a large there will not be for some time in the Post omce Department number of other bills which will be introduced. If these de on the item for the transportation of mail by star routes. That ficiencies are to be scrutinized by the Committee on Appropria is the fact. tions, and if the policy of the House as eYpressed in its rules Mr. SHERLEY. Will the gentleman permit a question now1 is to be carried out, and that committee-as was pointed out Mr. MOON of Tenneliilsee. No; I will not. I want to pro in 1885 when the appropriation bills were distributed among ceed with my argument. the various committees of the House-if that one committee is The SPEAKER. The gentleman from Tennessee declines to to have at least some comprehensive control of the actions of yield. the departments, it is important that this bill be now sent to the Mr. MOON of Tennessee. I do not propose to be cut off from Committee on Appropriations, so that if a deficiency really the line of my argument by gentlemen interjecting something exists in the appropriation for this service it may be granted unimportant. if the law has been complied with, or if the law has not been Now, t1Lere is no deficiency, as a matter of fact. It does not complied with the penalties be enforced against those respon appear from the face of these papers, nor can any gentleman &ible for its violation before the appropriations be made. Mr. say there is a deficiency from the face of this paper. Speaker, I reserve the balance of my time. The question is this: Has the Congress of the United Stat~s, The SPEAKER. The gentleman from New York reserves through its Post Omce Committee, the right or, in other words, tlie balance of ·his time, and the- gentleman from Tennessee has that committee the right and jutiMiction1 to report a bill [Mr. MooNJ is recognized for 45' minutes. · to this House making available a portion of an appropriation for Mr. MOON of Tennessee. Mr. Speaker, of course I am aware, another year? If it appears that it is for a deflcteney on the and every other Member of this House is aware; that the dis face of the bill,.. I say no. If it does not so appear, then where tinguished gentleman from New York and his committee are is the jurisdiction in the Committee on Appropriations to con much more able, much more capable of looking after the wel trol this matter in the absence of _the proof of a deficiency? t.are of this Government than the Committee on the Post Office This Committee on the Post Office and Post Roads has the juris and Post Roads in appropriations. I know they wonld glve diction of appropriations for that department. It has got a that attention which would be impossible to any other com right to make as many bills as this House sees fit to pass. mittee of ordinary ability in this House to bestow upon public In the discharge of that duty and the maintenance of the public questions, and if I were involved in this matter only in treat se:rvice it ha-s the right to pass a ln.w sq as to prevent a de ing with the question of jurisdiction I would readily yield my ficiency. judgment and transfer thl.s bill to the gentleman from New That is all this bill is. It is a bill that prevents the coming. York and his committee, but I apprehend that the judgment of of a deficiency. That deficiency may come; it may not come. this House is, or may be, at least, that the balance of the We have got a right to pass a law, having the control of the Committee on the Post Omee and Post Roads is about as appropriations for that department. to a-void a deficiency or for patriotic, about as honest, and about as capable as the gentle any other purpose falling within the section which I have read. man from New York and bis committee. Now, it is not a It :is not a question whether this House, in its judgment, is matter in which I have any feeling. I do not care anything going to take up· the bill and pass it. That has nothing to do about this bill, whether it goes to one committee or tbe other, with the. question. The question now before the Rouse is but it is- a question of jurisdiction, a conflict of jurisdiction whether the legal status of this bill presents on its face the ex between these two committees. The Postmaster General of the istence of a deficiency or not. I assert. that no man can rea.d United States communicated with the Committees on the Post this bill and say a deficiency exist&. It may be unwise to make Office and Post Roads of the House and Senate and recom this appropriation. mended the passage of this bill. The bill was introduced in Mr. FITZGERALD. Will the gentleman yield! the House. The Speaker thought it ought to go to the Com Mr. MOON of Tennessee. It may be improper to make this mittee on the Post Office and Post Roads, and it went there~ appropriation, but there is no proof now of a deficiency. As a Mr. SHERLEY. Will the gentleman yield? matter of fact, a. deficiency may occurw It may he imminent, Mr. MOON of Tennessee. Oh, yes; for a minute. but it has not occurred, and until it does occur the Committee Mr. SHERLEY. When the Postmn.st~r General came to this on Appropriations can have no jurisdiction. committee with this request was he not violating the plain let Mr. FITZGERALD~ Mr~ Speaker, will the gentleman yield? ter of the law? The SPEAKER. Will the gentleman from Tennessee yield Mr. MOON of Tennessee. Oh, no; he is not doing anything to the gentleman from New York? of the sort; he is keeping within the letter of the law. Mr. MOON of Tennessee. No. I did not interrupt the gen Mr. SHERLEY. Then what is the meaning of the provision tleman when he was speaking, and I do not want to be inter• with reference to submitting estimates for deficiencies-- rupted myself. Mr. BURLESON. Through the Treasury Department. The SPEAKER. The gentleman declines to yield. Mr. MOON of Tennessee. If the gentleman will wait he will Mr. MOON of Tennessee. A deficit has a special and par find out what we think about it. Mr. Speaker, that committee ticular significanc.e. It means that when an appropriation has met, considered this bill, and ordered a report A report has been made for a speeifie goyemmental service- and that appro been drafted and is ready to be introduced into thiB' House, and priation has been exhausted and that service has not been per has not been introduced in view of objections made. Now, the formed,.. then there exists. a deficiency. That is not the state gentleman from New York comes with his motion, assuming the of facts. now. Ther& i& no deficiency this minute on that ap. 1911. CONGRESSIONAL RECORD-HOUSE. propriation. There may be; there may -not be. The Post propriaUons the then exclusive power over all appropriatio.n.s; master General has stated the facts in reference to the matter. and one of the determining factors in that result, as shown But you are determining now a question of ju~isdiction: Y.ou by the debates, was the declaration by those favoring the change are not determining a question as to the merits of this bill. that they had left to the Committee on Appropriations contro~ You are determining whether under the existing state of facts over deficiencies, and that thereby you would still have one as disclosed on the face of the bill-that is all that is before central committee dealing with the entire subject of appropria you-a deficiency does in fact exist in the department. tions. The gentleman says well that it is the duty of the depart It is impossible within five minutes, Mr. Speaker, to deal ment to make eiitimates for and give information of these with the broad question of whether it is wise· to have one cen deficiencies and so forth. The department has not done so. The tral authority or not. To that question I shall some day ad prima faci~ presumption is that the deficiency, therefore, does dress myself at length. This is the proposition now: Is this not exist. My information is that the de?ciency. do<:s not particular bill a bill for the purpose of supplying a deficiency· exist now; but, Mr. Speaker, let us settle this question m the in the Post Office Department? If it is, then, by the conces light of common sense. Let us not appeal to facts de hors th~ sion of the gentleman himself, it belongs to the Committee on record. A question of jurisdiction can not be settled that way. Appropriations, and the faci that he thinks it ought not to Suppose this matter were one falling within the jurisdictiou belong there has nothing to do with the case. of one of the courts and a motion to dismiss for the want of The gentleman from Tennessee [Mr. MooN] states to you jurisdirtion was made. Is there any lawyer in this House who that this House must look to form and can not look to sub would undertake to say for a moment that you could present sta:nce; that we a.re prevented from really looking at the real extraneous facts in the determination of that motion? You gist of the matter, but must take the form, and if there is would have to proceed otherwise, possibly by pleas in abate enough ingenuity in the heads of the departments to present ment to reach facts that you desire to have in judgment in a bill in such form as to make it seem not a ,deficiency, when orde~ to determine the question. The fact is .not in judgment in point of fact it either actually is or is in immediate contem before this House that there is any deficiency in the depart plation. of. one, the House is tied. The question is not simply ment. It is n{lt necessary for me to say that there is no defi whether his committee will give proper consideration to the ciency while that is the fact, because it is upon the facts of bill. The question is whether the law of the land shall be this bill and this bill alone, that the question of jurisdiction obeyed by the heads of the departments, and that is a larger must be' determined regardless of any question of merit. matter of consideration than either of the committees of the I -assert then th~t under the power to make appropriations House. We have passed a law which says that they must sub for the support ~f the department the jurisdiction applies prop mit estimates for their regular appropriations and for their erly to the Post Office Committee, unless the bill shows upon deficiencies. If there is going to be no deficiency, why make its face the existence of a deficiency which is sought to be met available this money? by the terms of the bill. That is untrue. There is no deficiency . . Why, Mr. Speaker, in 25 days the fiscal year in which the There may never be a deficiency. The desire to extend the gentleman wants authority to expend this money will have service may have prompted this legislation that is cal~ed .for. ended. The idea of expecting this House to look at the facts, Whatever be the motive-and I do not care what the motive is to believe that the object of this is not to make a deficiency, is if it be conceded that tlrn bill...were drawn as it is in order to to ask us to ignore the substance and to look only to shadow. avoid the question of deficiency-that is not the truth; yet if On the face of this bill it would be held under all of the prece that were true-it is so drawn that no deficiency appears on dents to ·be a deficiency appropriation. It provides that of the the face of the papers; and the House, in determining the ques money apprepriated for the next fiscal year $40,000 of it shall tion of jurisdiction, will look to the bill alone and to no facts on be available now. Eleven months have passed of the fiscal the outside. year, and yet the gentleman would have us believe that the Further let me repeat that when you proceed to the investi need of this $4-0,000 is not because of a deficiency that. is going gation of the facts on the outside you will find that there is no to arise or has arisen in the Post Office Department. For what deficiency. purpose, pray, is the $40,000 to be used, if it is not to be used So upon what authority, either of law or of fact, do you pro for a deficiency? When the gentleman can answer that, he vose 'to give to this committee jurisdiction over a question that will have made some showing for his case. He would not have directly belongs, for the purposes of appropriation, to the Post us inquire, and neither wo11ld the Postmaster General, appar Office and Post Roads Committee? The question is as clear to ently, have- us inquire into the Postmaster General's motives. my mind as it can be; and while I am on my !eet I want to Does the House stop to think that one of the most important repeat the necessity, in the interest of good and honest govern things in keeping control over the expenditures of a govern ment of taking away from this Appropriations Committee the ment is in knowing how much money is expended during each assu~ption of authority; under the law it may be, but let it be fiscal year? Why have these yearly limitations? Why not changed. Every committee in this House knows better what make any sum that has been appropriated available at any the appropriations ought to be for the parti~ular department time, unless for the purpose of holding the departments within with which it is familiar than does the Committee on Appro fixed periods of time, that we may know what they are expend priations. It has ample work. We have noticed the attempt of ing! It may be that the gentleman's committee obtained full that committee to exercise power. Mr. Jefferson said once that information about this matter. I have no doubt they did, or the Federal courts of this country were stealing like thieves they would not have reported it, but I do know that the Post over the field ·of jurisdiction. That remark is most thoroughly master General did not obey the law in submitting an estimate,_ applicable to this Committee on Appropriations. [Applause and that if this was the beginning of the fiscal year instead of the laughter.] end of one, and he desired to make available some of the money Mr. Speaker, I reserve the balance of my time. that was to be appropriated for the then year, he would sub Mr. FITZGERALD. I yield five minutes to the gentleman mit estimate's and reasons therefor. from Kentucky [:Mr. SHERLEY]. [The time of !fr. SHER~Y having expired, he was granted The SPEAKER. The gentleman from Kentucky [Mr. SHER two minutes more by Mr. FITZGERALD.] LEY] is recognized for five minutes. Mr. Speaker, it is rather a curious twisting of the history Mr. HUGHES of New Jersey. Mr. Speaker, I desire to inter of legislation in this House to say that the Committee on Ap rupt the gentleman from Kentucky before he begins his argu propriations is all of the time seeking to obtain power, to take ment. Will the gentleman mind stating what the procedure power away from the other committees. The fact is that the would be on the part of the Postmaster General if this were an Committee on Appropriations has had the power, and the other original appropriation for the support of the department? Has committees haTe constantly sought to take away this power from he followed that proceeding in this case! the Committee on Appropriations. But that is not the quesion. Mr. SHERLEY. He has not. If it had been an original ap You are not considering now what the law ought to be, you are propriation, he would have had to submit an estimate. considering simply what it is, and the gentleman himself con Mr. BURLESON. Through the Treasury Department. fesses that we have jurisdiction of all deficiencies. It is the The SPEAKER. The gentleman from Kentucky has the only possible way now left to the House whereby there is any floor. one committee that may be conversant with the entire legisla l\fr. SHERLEY. Mr. Speaker, I shall not emulate the ex tion of appropriations of the session. ample of the gentleman from Tennessee by indu1ging in any We are Uie only major country on the globe that appropriates facetious remarks as to the respective abilities of the person money unscientifically through many sources of authority. nel of these two great committees. Those who are familiar Every other country of any magnitude has one source of power. with the history of the evolution of appropriation bills in this What has been the history in the way of increases? Take the House know that a very great struggle took place here, the appropriations during the long session of the last Congress, and result of which was to take away from the Committee on Ap- while the Committee on Appropriations cut down estimates, re- 11708 CONGRESSIONAL RECORD-ROUSE. JUNE 6, duced them, all of the other separate .approjJ1.iating eommittees amount RJ>propriated for inland transportation by sta.T routes increased the estimates. This side ,of the House is pled_ged to for the fiscal year ending -lune 30, 1912. economy in appxopriations. Mr• .MOON .of Tennessee. Mr. Speaker, ma_y I ask the gentle- If it wants to have real economy it must ;somewhere, some- man a. .question? how, give to some one committee practical eontrol {}Ver the entire !Ir. CANNON. With _pleasure; but first, before he .asks it:> budget. If the gentleman, under the f-0rm .in which this bill is 'hen does the fiscal year 1912 be<>'~? drawn, can get charge of this matter, the law in regard to de- Mr. MOON of 11filnessee. The fiscal year 1912 begin-son. the ficiencies is a nullity. No longer 'Call we -0bta.in -Obedience to 1st day -0t .JW,y, 1911. the law.a and no longer iean we force the heads of -0.e_partments Mr. CAN1'T.()N, .And when does it end? On the .30th day t0! to submit to us estimates giving their reasons therefor. We .June, 1912. have fought year after year against the departments to do Mr. MOON of :Tennessee. Yes. away with the great abuse -0f deficiencies; not only of-deficten- l\k CANNON. Now_., aDticipating the public -service, i(lnder cies; but of 'tz.-ansfers of items-- the ~eadershi? of your committee this service was appropriated The SPEAKER. The time of t.he ,gentleman bas again ex- f-Or m that b1l~ not for this fiscal yea-r 1911, hut for the fiscal pired. • year 1912~ ..and ther~ could not be -011e icent of that money used Mr. SHERLEY. I ask the Bo.use not to follow the specious before ~e 1st t;aY. of July with'Out ta~ executive 'Officer being plea of the gentleman from Tennessee, but look to the substance made liable to mdietment <>r impeaehment~ because 11nder 'Our and not alone to the .form. form f Sllbstance. I .never .knew, for example, if a rule is very plain, and the pmctice of the Honse heretofore, baby 18 a negro baby that by mere language you co1Ild make it except when tbe TIIles .have been disregarded, is -very plain. a white baby. {Laughter.] And I never lrnew that you could I was in Cm1gress when these appropriation bills were divided take a r-0se and ma.k:e it a jimson weed by mere language. and assigned to the Committees on Military Affairs, Naval [Langhter.J Now I will yield to my friend. . Affairs, Foreign Affairs, Indian Affairs, the Post Office and Post .. MJ:. MOON -Of Tennessee. A good many roses are really Roa.els, .aml, perhaps, one other committee, and they became JllllSon weeds when we get at them. (Laughter.] I wanted to appropriation committees. The House kept the iregular Appro- ask the gentleman from Illinois this question. priations Committee, but defined the jurisdiction of each com- Mr. CANNON. Yes. mittee. Mr. MOON of Tennessee. Suppose, as a matter of fact Now our method o0f apprnpriations is provided for by law. that there is no deficiency for the sbn'-route transportation' First there must be estimates. The Executive must Ask, and and that the department; if the1·e is no deficiency deBired th~ that is well 'hedged about. He must 11sk in a certain way, money taken out of the appropriation for next year for the namely, in detail, send.ing the estimates to the Secretary of the purpose of extending inland transportation by star routes now 'li"ea.sury. The Secretary of the Treasury sends them to the ~d a bill was P.repared !-or the purpose, and no deficiency ex~ House. Jlnd the Speaker ref.er-a tb-ose estimates, under the rules, isted, would :not that bill go to the Committee -0n th-e Post to the .appropriate committees. Office and Post "Roads regardless -0f its merits? We have had .great difficulty through .an these years, under all Mr. CANNON. No, it would not The legislation would g-0 admini-strations, in keeping the whip hand, as a branch of gov- to the Pust Office Committee; that would provide for the pos ernment coo.rdinate to the Executive. W-e had great difficulty. tal service in the future. Many times in my recollection the specious pretense .bas been Mr. MOON of Tennessee. But the Post Office Committee made that an Executiv.e can .do ,anything that is not "Prohibited makes appropriati-ons .and 1egislates, too. by law. The truth is that he can not do anything that he is not Afr. CANNON. Precisely. JJut be-re th"0 rule provides that permitted to do by law, under -0n.r'form of government. all ·p1"0posed legislation. relating- Now, my friend, 1r!r. MOON af Tennessee, for -wllom I have to t'he Post Office .and post roads_, including -a-ppropriatlons for their high respect, was not quite as eandid as oo ()rdinarily is when support- he started out to make an attack ·Mr. MiOON of Terrnessee~ Tures the gentr~ru:r mean tQ say I nndersta.nd it; but no:w let us take: theSce.' exp.end:ifmes. Hew that if any other subJect. maflter of jurisdiction under the !aw a::re Se.ieml expendi.tUJte emmmittees. and it will be sg.eri: thtrt should come before, tllllt cemmittee it. mrol ciently as they should be and as they have not been during the Mr. BURLESON. I think that is an additional reason- last three years for some reason, and in the place of them to Mr. MOON of Tennessee. That is a mere judgment, an esti extend the old stH-route service? · mate of ours, and it may be less; I dQ not kriow. l\Ir. l\IOON of Tennessee. Oh, I do not understand that to Mr. BURLESON. I think that is the reason he has given be the purpose of the bill at all. why jurisdiction of the appropriations should be taken from 1\Ir. BARTLErT. I do not say the purpose of the bill, but I the committee."' suggest-- l\fr. MOON of Tennessee. The gentleman from Texas is just 1\Ir. MOON of Tennessee. Not in the most remote degree. like the gentleman from Illinois [Mr. CANNON] and the gentle ' The money is not to be used for the purpose of extending the man from Kentucky [Mr. SHERLEY]. They either do not see star routes to the detriment of existing rural routes. or can not see the point made in this case. That ls all there is l\Jr. BARTLETT. But the Rural Delivery Service has been about it. It is as clear as can be that, on the question of juris curtailed, and in place it has been suggested that the star diction, the Committee on Appropriations must establish before route service be promot~d, and as the department comes · in this House the fact of a legal deficit before it can claim juris and asks for .$40,000 for the extension of that service and did ~ction of this bill. They have not done it and they can not do not ask anything for the rural service, it looks like they are it. I assert again that a deficit can not exist in contemplation attempting to give the star-route service the preference. of a deficiency. It must be an accomplished fact by actual l\Ir. POU. Mr. Speaker, I would like to ask the gentle expend~ture of the money appropriated and the unperformed man-- service must still be necessary. l\fr. MOON of Tennessee. Let me answer the gentleman Mr. ALEXANDER. Will the gentleman yield? from Georgia first. I want to say to the gentleman from Geor The SPEAKER.. Does the gentleman from Tennessee yield gia I think there is no such purpose involved in this measure, to the gentleman from Missouri? and, further, that that question is not now before us. I am not l\Ir. MOON of Tennessee. Yes. able to answer him as to the purpose or intent· of the Post : Mr. ALEXANDER. I wish to ask the gentleman whether, if master General. I do not know what his views are on this it appeared on the face of the bill that a deficiency actually question, but I presume they are in accordance with the best exists, there would be any question but that this bill would go public interest. to the Committee on Appropriations? l\Ir. BARTLETT. I do not want the gentleman from Ten Mr. MOON of Tennessee. Yes; I think it would. nessee to understand I intimated in any way that is his pur Mr. ALEXANDER. Then what inference must irresistibly be pose, because I know it is not. drawn from the recital on the face of the bill that this sum of Mr. POU. Mr. Speaker, I understand that this proviso was $40,-000 "shall be immediately available," if there is not a put in the rule giving to the Committee on Appropriations juris deficiency existing? diction of all deficiencies by way of a check upon the other Mr. MOON of Tennessee. Certainly there is no deficiency ex committees ~ Now, if this precedent is established I would like isting now. But the gentleman certainly understands the propo to ask the gentleman if it would not completely remove that sition that has been advanced, that the House has the right if check, and if it would not put it within the power of each it sees fit, to avoid a deficiency. It has got a right to m~ke committee to prevent any deficiency if it saw fit to do so by appropriations to avoid a deficiency, if it wants to, and take into getting in a bill-- consideration a bill which makes appropriations for the Post Mr. MOON of Tennessee. It is possible that is the reason for Office Department. Whether it be for the regular service or the the proviso. It may have b~en an unwise thing to have done it, avoidance of a deficiency in such service, the jurisdiction neces but that is not the question. It is conceded by us that if it is sarily remains with the committee which under the statute is nn existing deficiency that then the Committee on Appropria declared to have it over all postal matters and the postal service tions under the law now, whether that law be wise or unwise, and the committee claiming that jurisdiction would have t~ has unquestioned jurisdiction. The point I have been trying to show whether that was so or not. _ It would have to show that mnke is this, and one that is absolutely clear to my mind, not it had the power in advance of an established deficiency to take withstanding the efforts of my friend from Kentucky and the charge of this bill. speech of the distinguished ex-Speaker of the House, that in Mr. ALEXANDER. The gentleman says that the Committee determining the question of jurisdiction no sensible body on on Post Offices and Post Roads has the right to provide against earth ever went into the merits of the question involved where a deficiency? the question is made upon a mere motion without any interven Mr. l\IOON of Tennessee. Certainly. ing ascertainment of facts under the rule and practice of the Mr. ALEXANDER. Very well. Is not this the same propo body in which it was made. Now, it is useless for those gentle sition stated in more exact terms to provide for a deficiency by men to talk about submitting estimates. It is senseless to talk appropriating $40,000 more for the current year than is carried nbout the -jurisdiction of this committee if a deficiency exists. in the current bill? The question is, Does it appear from the facts in judgment be Mr. MOON of Tennessee. I have been answering the gen fore this House'.-and they appear alone on the face of this bill-· tleman's question as presented, not because the question ap that there is a deficiency in the department? Is the appro pealed to me for solution of the issue that is before the House printion for the purpose of meeting a deficiency or for the pur but because I deemed it to be a question requiring a courteou~ pose of increasing the senice? Is it for the purpose of avoiding reply. I have contended and still contend that, as a matter of or preventing a deficiency? If it is for the purpose of supplying law, the w~rd "deficiency" has a specific meaning. That mean- n deficiency, then the Committee on .Appropriations has juris ing is that the appropriation must have been expended for the diction. If the appropriation is sought for the purpose of ex purpose for which it was made, leaving the work still unaccom tending the service, where comes the jurisdiction of the Com plished for which it was made; and until that hour arrives the mittee on Appropriations? What authority have they to legis Committee on Appropriations has no control or jurisdictio~ by late on postal affairs for the purpose of extension of service? which it can interfere with postal affairs. I will assert again The law does not confer it, and I insist that the House in deter that that hour has not come in the administration of the postal mining this question shall not seek to go behind the face of this service. record unless there is presented to it evidence that a deficiency Mr. COX of Ohio. Will the gentleman yield? does in fact exist, a fact which I stand here, in view of the The SP:IDAKER. Does the gentleman yield to the gentleman information .which I have from the department, to most em- from Ohio? phatically deny. · Mr. MOON of Tennessee. Yes. Mr. BURLESON. Will the gentleman yield for a question? Mr. COX of Ohio. The gentleman insists that there is not Mr. MOON of Tennessee. Yes. now a deficiency, but admits that one might exist between now l\fr. BURLESON. I would like to ask the gentleman if he and July 1? appropriated for the fiscal year 1911-12 $40,-000 more for this Mr. MOON of Tennessee. One might exist, and it may be service than was needed? desirable to extend the service. Mr. MOON of Tennessee. What? . Mr. COX of Ohio. Then why the necessity of anticipating Mr. BURLESON. You are seeking now to take from the a deficiency which might arise between now and July 1 when money appropriated for the fiscal year 1911-12 $40,000. Did Congress will, in all probability, be in session between now and you appropriate $40,-000 more than was needed? then? Mr. MOON of Tennessee. I think the appropriation next Mr. MOON of Tennessee. I see that the gentleman from Oliio year will probably .be $100,-000 more than needed. is just as confu~ed on that question as other gentlemen. It Mr. BURLESON. The gentleman admits that he appro is not a question of anticipating a deficiency. It is not a ques. priated $100,000 for 1911-12 more than needed-- tion of the merits of the bill we are on. You may be exactly Mr. MOON of Tennessee. I do not admit that I did it. The rigb.t. It may be altogether improper to make this appropria l.'Ommittee may have. tion. It may be a thing that we ought not to do. 1911. CONGRESSIONAL RECORD--HOUSE.: ll71] And yet the right to determine that questionr so "far as a .Mr. MOON of Tennessee. If the gentleman insists on IDY. committee is concerned, belongs not to a committee that can speaking againt I suppose I shall have to d<> it not take jurisdiction of it until a deficiency occurs, but belongs Mr. FITZGERALD. I d() no.t insist on the gentleman"s to the committee that is clothed an.d vested at all times with speaking. Power and jurisdiction over postal affairs. and with the- making A.fr. SU.fS. Mr. Speaker, I ask for five minutes. of appropriations for postal affairs until a. deficit comes. A 1111". MOON of Tennessee. I will yield to the gentleman in a deficit has not come, and this House can not hold that the iooment. I do not desire to deprive the gentleman from New Committee on Appropriations is entitled to conside~ this bill York of his right to close the debate. The only question with until it is first determined that there is actually a deficiency in me was that the gentleman eould not make that is.sue until the Post Office Department. When it determines that, it de after he had closed. Then if I so11ght to speak further, the termines it in the face of the truth, because there is no defi Chair would prevent it; that is all. ciency there now. I do not Ca.re whether this bill is a good one Mr. FITZGERALD. I did not want to put the gentleman in or a bad one. The question as to whether the. merits of the that position. I want to be perfectly frank with him. bill are such as ought to make it appeal to your consideration Mr. MOON of Tennessee. I want to say to the gentlema.n, is not to be considered. I say until there is a decla1·ed defi and I want to say to the Democrats in this House, before the ciency, by the expenditure of the money, there is no jurisdiction gentleman proceeds, that personally I do not care anything in the Appropriations Committee. - about what committee takes charge of this bill Personally, I I reserve the balance of my time, Mr. Speaker. would be altogether willing that. any proper committee should The SPEAKER. The gentleman from Tennessee reserv-es the take charge of it; but you have seen the manifestation in this balance of his time. . debate, the effort that is being made here on the pa.rt of the Mr. FITZGERALD. Does the gentleman from Tennessee Appropriations Committee. to take up. this bill, after it had intend to use any more of his time! been referred to the Post Office Committee, after it had been Mr. MOON of Tenness~. Yes. considered by the committee, after a report had been ordered Mr. FITZGERALD. Then I insist that the gentleman use by the committee, and prepared and ready to be presented, and his time, because I will use the balance of the time on this side. only avoided by presenting this question. I feel that we are get Mr. MOON of Tennessee, Mr. Speaker, how much time have ting into the same methods, and we are undertaking the same I remaining? performances that we so much condemned in the gentlemen on The· SPEAKER. The gentleman from Tennessee has 10 the other side. minutes and the gentleman from New York has 8 minutes. Why, I have- the utmost respect for my distinguished friend, Mr. FITZGERALD. I run entitled to close the debate. the ex-Speaker of this House, the gentleman from Illinois [Mr. The SPEAKER. The gentleman from New York is entitled CANN04 ], but it was as natural as anything on this earth could to close the debate. be for him, as a. former member and chairman. of the Com Mr. FITZGERALD. If the gentleman from Tennessee is go mittee on Appropriations and as a former Speaker- of thts ing to use his time, he must use it now~ House-and' it was also natural for other gentlemen on th.ls Mr. MOON of Tennessee. How much times does the gentle side who have not always, in my judgment, been quite as man want to use in closing the debate? broadly democratic as they ought to be-to take this position. l\Ir. FITZGERALD. I will close the debate. Of course, they want to justify the concentration of power in Mr~ MOON of Tennessee. Go ahead and clo~ tbe debate if ooo e-0mmittee in this House. [Applause on the Democratic you want to. side.] Of course, the gentleman from New York appealed with Mr. FITZGERALD. Does the gentleman waire the. balance great Ruccess to the gentleman from Illinois to assist him in of his time? bridling this Democratic House in the interest of an autocratic Mr. MOON of Tennessee. No~ I do not. committee, as they call the Committee on Appropriations. [Ap Mr. FITZGERALD. I must insist that the gentleman either plausa on the Democratic side.] Mr. Speaker, Demoerats must use or watre bis time. hay-e a diffusion of p()cwer; if we succeed, we can not concen .Mr. MOON ot Tennessee. The gentleman from Tennessee trate all of the authority and power in this committee, when will neither use nor waive his time. The Chair will decide it clearly appeared that there has been under the facts he.i:e what shall be done in the matter. stated no legal deficit. Indeed,. it would be a poor work on the Mr. FITZGERALD. Mr. Speaker, I wish to state that I part of a Democratrc House to assume the existence of a fact intend to ciose the debate in one speech. that does not exist in order to confer jurisdiction and concen The SPEAKER. The gentleman from New York undoubt trate power where there is already too much power. edly has the right to close the debate. Now, I do not desire to make this argument an ad hominum Mr. FITZGERALD. I am ready to proceed when the gen proposition at all, but I show you the reasons for the alliance tleman from Tennessee either uses his trme or waives his right of the gentleman from New York on this question. He very to time after I ha\e concluded. naturaDy desires to have more power and authority than he The SPEAKER. The Chair can not determine whether the has. Why, o.f course, if the logic of his position and that of g€Iltleman from Tennessee shall use his time or not. The the gentleman from Kentucky [Mr. SHERLEY] were fol1owed, rule is: then the whole of the next year's appropriation bill would be a The Member reporting the measure under consideration from a com deficiency right now, because the service needs the money, and mittee may open and close where general debate ha.a been had thereon. no money is available for the fi~al year ending 1913. ' His If the gentleman from Tennessee [Mr. Uoo~] does not de logic would reach that very conclusion and none other. You sire to use his time, the gentleman from New York [Mr. FrTz can not as men of common sense determine. a question of juris . GERALD] will proceed, and the Chair will declare the debate diction of this sort, when that jurisdiction depends upon the closed. accomplishment of a pgrticular fact, until that fact has been Mr. MOON of ·Tennessee. Very well. accomplished; an ' I that the Committee on Appropriations can not take jurisdiction of the Senate and the one of the House, asking that this bill under the very letter of the law until a deficiency is an accom be favorably acted upon. Let me read a very salutary rule of plished fact and there is no deficiency. [Applause on the Demo the House, Rule XLI: cratic side.] Estimates of appropriations and all other communications from the .Mr. FITZGERALD. Mr. Speaker, I am glad the gentleman executive departments intended for the consideration of any commit from Tennessee [Mr.- MooN] has confined the discussion to the tees of the House shall be addressed to the Speaker and by him re merits of the question before the House. Of course I under ferred as provided by clause 2 of Rule XXIV. stand his purpose in referring to the attempt of myself in asso Wby addressed to the Speaker? So that they may be printeu ciation with the former Speaker to concentrate power in some and all the Members of the House have available the same place or other in this House; but let me say to the gentleman information that some one gentleman can carry around in his from Tennessee that however much some other Member on this pocket and make public when it suits him to do so. side might have indulg'ed in such a criticism it does not lie in Mr. SHERLEY. Will the gentleman yield? his mouth to do so, because he blindly followed me and the Mr. FITZGERALD. I will yield. other gentlemen when that question which he has in mind was l\ir. SHERLEY. I want to suggest to the gentleman, if he under consideration. Now, let me dismiss that-- will permit, the dates of the introduction of the bill and the Mr. MOON of Tennessee. Mr. Spe~ker, I want to state that consideration of the matter. the statement of the gentleman from New York is untrue. Mr. FITZGERALD. I stated that the bill was introduced Mr. FITZGERALD. Mr. Speaker, I decline to yield. last Friday, and this is the first day since then that the House Mr. MOON of Tennessee. I say that the statement that you has met, the first day when a motion could be made to correct make that I blindly followed you at any time is untrue. the reference. The SPEAKER. The gentleman from New York declines to Mr. Speaker, this particular bill is not of such great impor yield. . tance, but unless nottce be served on these departments that Mr. FITZGERALD. Mr. Speaker, I was confident that I they can not have some gentleman introduce a bill and evade should not have yielded to the gentleman. This bill was intro the spirit of the law and the rules of the House and get all the duced in the House on Friday, and this is the first time the deficiency appropriations they wish, they will run riot with our House has met since that time. The Committee on Appropria appropriations. Think of it! The last Congress was the most tions has not been watching the Committee on Post Offices to extravagant in the history of the Government. Seven million see what would be done. This motion has bee• submitted at one hundred and seventy thousand dollars was appropriat ed.- the earliest time practicable, under the rules, since the bill was Mr. MOON of T~nnessee. Will the gentleman yield? introduced. Mr. FITZGERALD. I can not yield-- The gentleman from Tennessee takes the position that until Mr. MOON of Tennessee. In order that the gentleman may a deficiency actually exists the Committee on Appropriations do justice to the Postmaster General-- has no jurisdiction of these estimates. Rarely, if ever, does a Mr. FITZGE.RALD. The gentleman declined to yield to me deficiency actually exist when the appropriation is made and when I attempted to interrupt him. the estimate is submitted, but the gentleman falls into this Mr. MOON of Tennessee. No; I yielded. error: He states that his committee has authority to appropriate Mr. FITZGERALD. Sev-en million one hundred and seventy for the support of the service, and for the extension of the serv thousand dollars was appropriated for this service, appropri ice his committee has the power to make the appropriations. ated by the most extravagant Congress in the history of the This is an annual service and a fixed senice. Appropriations Goverru:p.ent. If this department can go around and evade the for it are made in the annual appropriation bill; Estimates are law and rules of the House and obtain additional money for annually submitted, and Congress in an annual appropriation the balance of this fiscal year, what do gentlemen think will bill determines in advance the limit of the service. The gentle happen after the 1st of July, when the next appropriations are man's committee awropriated for this fiscal year $7,170,000, available? These department chiefs should be held rigidly to although the department requested $7,201,000, . $31,000 mo:re the law and. be compelled to obey it or suffer the penalty. than the committee was willing to give the department. Otherwise this Congress might just as well shut up shop and Any suggestion that more money be given for this service for our efforts to economize will be futile, and the appropri~tions this year is not an original appropriation. It is to carry out will run far in excess of any ma.de by any other Congress. the original intent and purpose o:f the department, and the de Now, I have not stated and I do not intend to say anything partment has a deficiency which, if it does not now actually reflecting on the gentleman's committee. I believe it is a exist, is anticipated and will exist later. splendid committee. It is merely a question of where these Suppose some gentleman introduced a bill appropriating addi appropriations for deficiencies should be considered. If the tional money for the support of the Army because of its con provision in this bill were in the annual appropriation bill and centration on our southern border, and took the ground that in the provision making appropriations for the star-route serv there was no deficiency actually existing. That bill would be ice for the next fiscal year, if such a provision was contained long to the Committee on Military Affairs under the logic ,of making immediately available any part of the appropriation for the gentleman from Tennessee. Suppose it is proposed to the current fiscal year, it would be stricken out on a point o~ appropriate money to carry on some branch of the naval service, order because it would be providing for a deficiency, whether and because no actual deficiency existed, under similar reasoning the money heretofore appropriated had actually been expended that bill would go to the Committee on Naval Affairs. or whether it was in anticipation of the expenditure of the Somebody proposes an additional sum be appropriated for money, because that appropriation would belong to the Com the Indian Service, and because the money heretofore appro mittee on Appropriations. priated has not been actually expended, that the bill should go Mr. Speaker, this matter has now ta.ken that shape where this to the Committee on Indian Affairs. Under that theory the side of the House should wake up to the fact that if appropria Speaker would have referred the communication from the Com tions are to be held within the reasonable limits that we have missioners of the District of Columbia asking that more than led the counb.-y to expect, it 'is of the utmost importance that $10,000 for the contagious-disease fund be made available for these deficiencies be granted only when the law has been com personal services for this fiscal year, although at the time the plied with, and that when the law has been violated they shall communication came here it appeared on its face that there was not be granted unless those responsible for its violatiou are $985 still available for expenditure for this year, to another driven from the public service. [Applause.] committee than the Committee on Appropriations if some other The SPEAKER. The time of the gentleman has expired. committee had jurisdiction of the annual appropriations for the The question is on the motion of the gentleman :from New York District of Columbia. If that were the practice followed--· to discharge the Committee on the Post Office and Pust Roads Mr. MOON of Tennessee. Has tlie communication come in from the further consideration of the bill H. R. 11031 and yet? refer it to the Committee on Appropriations. Mr. FITZGERALD. Yes; it has come in. The question was taken; and on a division (demanded by Mr. MOON of Tennessee. Let us hear it. Mr. MooN of '.rennessee) there were-ayes 83, noes 43. Mr. FITZGERALD. If that practice were followed there Mr. MOON of Tennessee. Mr. Speaker, I demand the yeas never would be an estimate for deficiencies, because the same and nays. practice would be followed as in this case. Not only would the The yeas and nays were ordered. law be evaded, but the rules of the House would be violated. The SPEAKER. The question is on agreeing to the motion The gentleman from Tennessee introduced this bill, and it was of the gentleman from New York that the Committee on the referred, inadvertently, I believe, to the Committee on the Post Post Office and Post Roads be discharged from the consideration Office and Post Roads. He has made the statement that the of the biil H. R. 11031, and that it be referred to the Commit, Postmaster General had written to the two committees, the one tee on Appropriations. ~ 1911. . OONGRESSION AL R.EOORD-HOUSE. [713 The question was taken; and there were-yeas 142, nays 52, The Clerk announced the following pairs : answered " present " 11, not voting 182, as follows: For the session : YEAS-142. Mr. FORNES with Mr. BRADLEY. Akln,N. Y. Dixon, Ind. Kopp Robinson Mr. FINLEY with Mr. CURRIER. Alexander Donohoe Korbly Rothermel Mr. RIORDAN with .l\fr. ANDRUS. Anderson, Minn. Doremus La Follette Ru bey Mr. PUJO with Mr. McMoBBAN. Ayres . Doughton Lee, Pa. Russell Barthoidt Driscoll, D. A. Lewis Sells Until further notice: Bartlett Dyer Lo beck Sheppard Mr. RUCKER of Colorado with Mr. REES. Bathrick , Esch Longworth Sherley Beall, Tex. Estopinal Loud Sisson l\.fr. RUCKER of :Missouri with Mr. PLUMLEY. Berrrer Evans McCreary Smith, Tex. Mr. S.ABATH with l\fr. SLOAN. Boehne Fitzgerald .McDermott Stack .Mr. SAUNDERS with Mr. SPEER. Bowman Floyd, Ark. McGuire, Okla. Stanley Buchanan Focht McKenzie Stedman Ur. SCULLY with Mr. STERLING. Bulkley Garner McKinley Stephens, Miss. Mr. SHACKLEFORD with Mr. SWITZER. Burke, S. Dak. George McKinney Stone Mr. SHA.RP with Mr. TOWNER. Burleson Gillett Macon - Sweet llumett Goeke Maguire, Nebr. Talcott, N. Y. Mr. SHERWOOD with Mr. VOLSTEAD. Byrns, •.renn. Good Mal by Taylor, Ala. Mr. SM.ALL with Mr. VREELAND. Calder Goodwin, Ark. Mann Taylor, Colo. Mr. SMITH of New York with Mr. WEEKS. Callaway Graham Matthews Taylor. Ohio Candler Gregg, Tex. Moore, Pa. Thistlewood Mr. SULzE.B with Mr. WILLIS. Cannon • Hamilton, W. Va. Morrison Thomas Mr. UNDERHILL with l\Ir. Woon of New Jersey. Catlin Hamlin Moss, Ind. Turnbull l\Ir. WHITACRE with Mr. YOUNG of Michigan. Cla~ton H:udwick Needham Underwood Col icr Harrison, Miss. Oldfield Utter Mr. GREGG of Pennsylvania with Mr. GREENE. Copli Hawley Olmsted Warburton Mr. WHITE with Mr. GRIEST. Cox, hio Henry, Tex. Page Webb Mr. GUDGER with Mr. GUERNSEY. Crago Hensley Pepper Wedemeyer Dalzell Hinds Peters Wickliffe l\fr. HA.MILL with Mr. HAMILTON of Michigan. Danforth Hubbard Post Wilder Mr. HAMMOND with Mr. HOWLAND. Daugherty Hughes, N. J. Pou Willis Mr. HARRISON of New York with Mr. KENDALL. Davis, W. Va. Humphrey, Wash. Rainey Wilson, Ill. De Forest Humphreys, Miss. Randell, Tex. Wilson, Pa. Mr. HEFLIN ·with Mr. HARRIS, Dickinson Jacoway Rauch Withers~oon l\Ir. HOLLAND with Mr. HEALD. _ Dickson, Miss. Kahn Redfi,eld Woods, owa Mr. SPARKMAN with Mr: BABCHFELD. Dies Kipp Roberts, Mass. Difenderfer Kitchin Roberts. Nev. • · Mr. ANDERSON of Ohio with Mr. AMES. Mr. ASHBBOOK with Mr. ANTHONY. NAYS-52. Mr. ADAIR with Mr. BINGHAM. Allen Edwards Hughes, Ga. Richardson Mr. AIKEN of South Carolina with Mr. BATES. Austin Fields Hull Rouse Mr. CARTER with Mr. BUTLER. Bell. Ga. French James Sims Blackmon Garrett Kon op Slemp Mr. CLAYPOOL with Mr. DAVIDSON. Brantley Gould Lamb Smith. S&ml. W. .!\Ir. CoNNELL with Mr. DODDS. Brown Gray Lee, Ga. Steenerson Mr. CANTRILL with l\Ir. FA.BB. BUl'ke, Wis. Hardy Lever Stephens, Cal. Byrnes, S. C. Haugen Lindbergh Stephens, Tex. Mr. CoNBY with Mr. Foss. Ca.rlin Hay Mays Townsend Mr. COVINGTON with Mr. FORDNEY. Clark, Fla. Helm Moon, Tenn. Tribble Mr. CURLEY with Mr. GARDNER of Massachusetts. Cline Houston Murdock Tuttle Cox, Ind. Howard Padgett Watkins Mr. DENVER with Mr. GARDNER of New Jersey. Davis, Minn. Howell Raker Young, Kane. Mr. E'oWLER with Mr. LANGHAM. ANSWERED "PRESENT "-11. . Mr. li'RA.NCIS with Mr. LANGLEY. Mr. GoowIN of North Carolina with Mr. LA WHENCE. Ailamson Currier Ellerbe Morgan Barchfeld Dent - Foster, Ill. Norris .l\Ir. GoLDFOGLE with l\fr. LENROOT. Booher Dwight Moore, Tex. Mr. KONIG with Mr. McCALL. Mr. LATTA with Mr. MADDEN. NOT VOTING-182. Mr. LINDSAY with Mr. MADISON. Adair Fowler Lafferty Prouty Mr. LITTLEPAGE with Mr. CRUMPACKER. Allien, S. C. Francis Langham Pujo Ames Fuller Langley Ransdell, La. Mr. FOSTER of Illinois with Mr. KOPP. Anderson, Ohio Gallagher Latta Rees Mr. BooHER with Mr. SULLOWAY. Andrus Gardner, l\Iass. Lawrence Reilly Mr. MOORE of Texas with Mr. HAYES. Ans berry Gardner, N. J. Legare Reyburn Anthony Glass Lenroot Riordan Mr. JOHNSON of South Carolina with Mr. HELGESEN. Ashbrook Godwin, N. C. Levy Roddenbery Mr. JONES with Mr. HIGGINS. Barnhart Goldfogle Lindsay Rodenberg Mr. KINKEAD of New Jersey with Mr. JACKSON. Bates Gordon Linthicum Rucker, Colo. Binf:ham Greene Littlepage Rucker, Mo. Mr. KINDRED with Mr. KENNEDY. . Bor a.nd Gregg, Pa. Littleton Sabath Mr. JOHNSON of Kentucky with Mr. KINKAID of Nebraska. Bradley Griest Lloyd Saunders Mr. LINTHICUM with Mr. MARTIN of South Dakota. Broussard Gudger Loudenslager Scully Burke, Pa. Guernsey McCall Shackleford Mr. LLOYD with Mr. MONDELL. Butler Hamill McCoy Sharp Mr. MCGILLICUDDY with Mr. MILLER. Campbell Hamilton, Mich. McGillicuddy Sherwood Mr. MA.HEB with Mr. MITCHELL. Can trill Hammond McHenrfu Simmons Carter Hanna McLaug in Slayden Mr. MARTIN of Colorado with Mr. MooN of Pennsylvania. Cary Harris McMorran Sloan Mr. McCoy with Mr. MoRsE. Claypool Harrison, N. Y. Madden Small Mr. MURRAY with l\Ir. NELSON. Connell nartman Madison Smith, J. M. C. Conry Hayes Maher Smith,N. Y. Mr. O'SHAUNESSY with Mr. PROUTY." Cooper Heald Martin, Colo. Sparkman Mr. PALMER with Mr. PAYNE. Covington Heflin Martin, S. Dak. Speer Mr. PATTEN of New York with Mr. NYE. Cravens Helgesen Miller Sterling Crumpacker Henry, Conn. Mitchell Stevens, Minn. Mr. RANSDELL of Louisiana with Mr. PORTER. Cullop Higgins Mondell Sulloway Mr. REILLY with Mr. PRAY. Curley Hill Moon, Pa. Sulzer Mr. RODDENBERY with Mr. PRINCE. Davenport Hobson Morse, Wis. Switzer Davidson Holland Mott Talbott, Md. Mr. ELLERBE with Mr. DRAPER. Denver Howland Murray Thayer Mr. ADAMSON with Mr. STEVENS of Minnesota. Dodds Hughes, W. Va. Nelson Tilson Mr. FERRIS with Mr. MORGAN. Draper Jackson Nye Towner Driscoll, M. E. Johnson, Ky. O'ShauneSSf Underhill Mr. LEVY with Mr. FosTER of Vermont. Dupre Johnson, S. C. Palmer Volstead Mr. CRAVENS with Mr. LouDENSLAGER, Fairchild Jones Parran Vreeland Mr. HOBSON with Mr. FAIRCHILD. Faison Kendall Patten, N. Y. Weeks Farr Kennedy Patton, Pa. Whitacre Mr. GALLAGHER with Mr. FULLER. Ferris Kent Payne White Mr. LEGARE with Mr. McLAUGHLIN. Finley K~red Pickett Wilson, N. Y. Mr. DUPRE with Mr. HANNA. Flood, Va. Ki aid, Nebr. Plumley Wood, N. J. Fordney Kinkead, N. J. Porter Young, Mich. Mr. BROUSSARD with Mr. J. M. c. SMITH. Fornes · Knowland Powers Young, Tex. Mr. SLAYDEN with Mr. TILSON. Foss Konig Pray Foster, Vt. Lafean Prince Mr. BARNHART with Mr. SIMMONS. .Mr. YOUNG .of Texas with Ur. PATTON of Pennsylvania. So the motion was agreed to. Mr. ANSBER&Y with Mr. BURKE of Pennsylvania. XLVII-108 11714 CONGRESSIONAL RECORD-HOUSE. Mr. LITTLETON with l\Ir. DWIGHT. SUGAR TRUST INVESTIGATION. Mr. WILSON of New York with Mr. MOTT. Mr. FLOYD of Arkansas. l\Ir. Speaker, by direction of the For two weeks: Committee on Accounts, I submit the following privileged report Mr. DAVENPORT with Mr. RODENBERG. (No. 44) on House resolution 184. Mr. CULLOP with Mr. PICKETT. For three weeks, commencing May 12: The SPEAKER. The Clerk will report the resolution. Mr. GmrnoN with-Mr. HUGHES of West Virginia. The Clerk read as follows : On this ·rnte : · House resolution 184. Mr. HARTMAN (in favor) with Mr. LAFEA.N (against). Resolved, That all expenses that may be incurred by the committee appointed under the resolution of the House of Representatives adop~ed Mr. P .ARR.AN (in favor) with Mr. TALBOTT (against). May 8, l!J11, to make an investigation for the purpose of ascertalnmg For to-day: whether there have occurred violations by the American Sugar Refining Mr. GLASS with Mr. HILL. Co. or other corporations or persons of the antitrust act of July 2, 1800, nnd the acts supplementary thereto, to an amount not exceeding Mr. THAYER with Mr. CAl!l?BELL. $25,000, shall be paid out of the contingent fund of the House of Rep Mr. DENT with Mr. REYilURN. resentatives on vouchers ordered by said committee, signed by the Until Thursday noon: chairman thereof and approved by the Committee on Accounts, faYl Mr. McHENRY with Mr. MICHA.EL E. DRISCOLL. denC"ed by the signature of the chairman thereof. Until Friday: The report (by Mr. FLoYD of Arkansas) was read, as fol Mr. FAISON with Mr. CARY. lows: Until June ;1..2: The Committee on Accounts, to whom was referred House resolution Mr. BORLAND with Mr. KNOWLAND. 184, have considered the same and recommend its adoption. Mr. MOORE of Texas. Mr. Speaker, I voted "no " on the This resolution provides for tbe payment out of the contingent fund roll call, but I find that I am paired with the gentleman from of the House of expenses incurred by the committee appointed to ascer tain whether there have been violations of the antitrust act by the California, Mr. HAYES, and I wish to withdraw that yote and American Sugar Refining Co. or other corporations or persons, and the answer "present." · provisions for payment arc the same as in House resolution 113 as The SPEAKER pro tempore (Mr. BABTLEI'T). The Clerk will amended and adopted by the House May 26, 1911, and believing it a call the gentleman's name. proper resolution we recommend its adoption. The name of Mr. MooRE of Texas was called, and he an Mr. .MANN. Will the gentleman from Arkansas yield for a swered " Present/' as abO've recorded. question? _ Mr. MORGAN. Mr. Speaker, may I ask how· I am recorded? Mr. FLOYD of Arkansas. I will yield to the gentleman from The SPEAKER pro tempore. The gentleman is recorded in Illinois. the affirmative. Mr. MANN. As I caught the reading of this resolution, it is Mr. MORGAN. I wish to withdraw that vote and answer substantially the same as the resolution heretofore passed by "present," as I am paired with my colleague Mr. FEruns. . the House concerning the steel investigating committee. Mr. BARCHFELD. Mr. Speaker, on this roll call I voted Mr. FLOYD of Arkansas. I will state to the gentleman from "aye" but r" find that I am paired with the gentleman from Illinois that the resolution, so far as expenditures are con Florida, Mr. SPARKMAN. Therefore I desire to withdraw my cerned, follows the language of the resolution that was for vote and answer "present.It merly adopted providing for the in1estigation of the United The SPEAKER pro tempore. The Clerk will call the gen States Steel Corporation. tleman's name. Mr. MANN. As I understand, these resolutions require the Mr. BAROHFELD's name was called and he answered " Present/' authority of the committee, the approval of the chairmun of as aboye recorded. the committee, and also the approml of the chairman of the Mr. ADAMSON. Mr. Speaker, I desire to ask if the gentle· Committee on Accounts. mun from Minnesota, Mr. STEVENS, has voted on this roll call? Mr. FLOYD of Arkansas. It must be. approved by the select The SPEAKER pro tempore. The gentleman from Minnesota committee and also by the Committee on Accounts and attested is not recorded. !Jy the chairman of the Committee on Accounts. Mr. AD.Al\ISON. I am paired with the gentleman from Min Mr. l\IANN. May I ask the gentleman a question in refer nesota. I 1oted "no" on this roll call and I desire to withdraw ence to the Expenditure Committee? I think we passed a reso that -vote and answer "present." lution some time ago giving to the various Expenditure Com The SPEAKER pro tempore. The Clerk will call the gentle mittees authority to incur expenses, to be paid out of the man's name. contingent fund upon the approval of the chairman of the com The Clerk eulled the name of Mr. ADAMSON, and he answered mittee. I ask the gentleman whether there is any control over " Present," as above recorded. those matters by the Committee on Accounts. .!\fr. HAMILTON of Michigan. 1\Ir. Speaker, can I be recorded Mr. FLOYD of Arkansas. I know of no resolution pertain "Present" as above recorded. ing to those expenditures, except the resolutions authorizing The SPEAKER pro tempore. The gentleman must bring him the several investigations. self within the rule, of which he is aware as well as the Chair. Mr. MANN. I think that is correct. There is no resolution 1\Ir. HAMILTON of Michigan. I am afraid that I can not from the Committee on Accounts. bring myself strictly within the rule. Mr. FLOYD of Arkansas. No resolution from the Committee Mr. DWIGHT. 1\fr. Speaker, is the gentleman from New on Accounts pertaining to such expenditures. Aside from the York, Mr. LITTLETON, recorded as voting? original resolutions there is nothing. The SPEAKER pro tempore. The gentleman from New York, Mr. HANN. Is the gentleman able to say whether the Com Mr. LI'ITLEI'ON, is not recorded. mittee on Accounts has any control 01er those expendHar('~ Mr. DWIGHT. I am paired with the gentleman from New in any way whatever? In other words, is there any controi York, and I wish to withdraw by vote of "aye" and answer by a committee of the House of the expenditures made by the "present." Expenditure Committees, besides the Expenditure Committees The SPEAKER pro tempore. The Clerk will call the name themselves? of the gentleman from New York. The Clerk called the name of Mr. DWIGHT, and he answered Mr. FLOYD of Arkansas. The Committee on Accounts has " Present," as above recorded. this much c-0ntrol over all expenditures: The accounts must be Mr. FRANCIS. Mr. Speaker, I was not in the Hall when the audited by the Committee on Accounts, and where expenditures roll was called, but I desire to vote. are made that are unauthorized by previous resolutions they The SPEAKER pro tempore. Was the gentleman in the Hall would have absolute control over those expenditures. But and listening when his name should have been called? where they were within the authority granted to the com Mr. FitANCIS. I was not. mittee incurring the expense the duty of the Committee on The SPiilAKER pro tempore. The gentleman does not bring Accounts would be simply to audit and see that they are himself within the rule. correct. Mr. ELLERBE. Mr. Speaker, I would like to ask if the gen l\Ir. MANN. As I recall the resolution that passed some time tleman from New York, Mr. DRAPER, has voted? ago, it gave to the Committees on Expenditures authority to The SPEAKER pro tempore. The gentleman from New York, proceed under the ules in making inTestigations, to subpama Afr. DRAPER, is not recorded. witnesses, and so forth. Now, who has control over the amount Mr. ELLERBE. I am paired with the gentleman, and I ask to be expended in the subpamaing of witnesses by those to withdraw my vote of "no" and vote "present." committees? The SPEAKER pro tempore. The Clerk will call the gentle l\Ir. FLOYD of Arkansas. I will state frankly to the gen1 man's name. tleman from Illinois that I understand that would be a mntter The Clerk called the nnme of Mr. ELLERBE, and he answered in the discretion of those committees, or the chairmen thereof. " Present," as aboTe recorded. There has been no resolution acted upon by the Committee on The result of the vote was then announced as above recorded. Accounts limiting that class of expenditures. '1911. CONGRESSIONAL RECORD-HOUSE. fl715 Mr. HARDWICK. If. the gentleman from Illinois will par to 0. K. that voucher and that the disbursing officer would don me, I think I can answer that question. When the Hamlin have a right to issue a warrant ·for it ·without having the resolution providing for these investigations by the nine Ex Committee on Accounts eonsider it? penditure Committees for the executive departments was Mr. OLMSTED. I say that under the practice a disbursing passed, it did not contain any provision whatever about the officer would not pay without the approval-- payment of any expenses. Mr. GARNER. But I am speaking from a legal standpoint. Mr. MANN. I understand. Would the Treasury Departnient be authorized to pay or would Mr. HARDWICK. So that no provision has been made for the disbursing officer be authorized to draw a warrant against that, except in one instance the House, by a subsequent resolu the Treasury for an indebtedness incurred by one of the Com tion, did provide for clerks. In the future, when these com mittees on Expenditures unless the Committee on Accounts first mittees want to get allowances from the contingent fund, they had approved it? will have to come just as this one does, from the Committee on Mr. OLMSTED. I doubt if he would have the right, but cer Accounts. There is no provision at all for it. tainly under the practice be would not do it. Mr. GARNER. Will the gentleman yield for a question? Mr. HENRY of Texas. Mr. Speaker, will the gentleman yield? Mr. FLOYD of Arkansas. I yield to the gentleman from Mr. FLOYD of Arkansas. I yield to the gentleman from Texas. Texas. Mr. GARNER. If the Expenditures Committee should sum - Mr. HENRY of Texas. Mr. Speaker, in regard to the issue mon witnesses and create an expenditure for that purpose, and raised by the gentleman from Illinois [1\Ir. MANN], I desire to should send a voucher to the Committee on Accounts, and the say this, that the gentleman -from Missouri [Mr. HAMLIN] in Committee on Accounts should approve it, could it not be paid troduced a resolution conferring certain extraordinary powers out of the contingent fund? . on these nine Expenditure Committees. That resolution was Mr. HARDWICK. Undoubtedly. It would depend on the referred to the Committee on Rules. The Committee on Rules Committee on Accounts. . co?sidered it for some time and reported it back to the House. ~his House passed the resolution as introduced by the gentle Mr. GARNER. After all, discretion is left with the Com man from Missouri. '!'be Committee on Rules did not under mittee on Accounts as to whether they will approve ·these take to deal with the contingent fund of the House, nor did it vouchers. undertake to confer any authority on any one of these nine Mr. MANN. That is what I wanted to ascertain. As I un committees to incur aµy expense or to appropriate a.ny money. derstand, one of the Expenditure Committees has subpamaed It was left entirely to the Committee on Accounts to deal witnesses from the other side of the continent at very great with the contingent fund and all expenditures of money neces expense. That may be perfectly proper, and I have no criticism sary in carrying on these investigations by the nine committees. to make of it, but I desire to know whether anybody has control There was no intention-- over that matter. Mr. BURKE of South Dakota. Will the gentleman yield? Mr. FLOYD of Arkansas. Mr. Speaker, I will state to the Mr. HEJ\TRY of Tex:as. In just a moment. There was no in gentleman from Illinois that the Committee on Accounts has tention to take from the Committee on Accounts any jurisdic control over the adjustment and the payment of all of these tion that they have·under the rules, but we intended, if I may claims. speak of the intentions of any committee when considering Mr. AUSTIN. Mr. Speaker, will the gentleman from Arkan matters-we intended to remit all these things to the Committee sas yield to me? on Accounts when we reached the question of appropriating Mr. FLOYD of Arkansas. I yield to the gentleman from money for expenses in carrying on the investigation. Tennessee. Mr. BURKE of South Dakota. I desire to ask the gentle Mr. AUSTIN. Mr. Speaker, I wish to say to the gentleman man th~s question: What authority has the Committee on Ac from Georgia [Mr. HARDWICK], as well as to the gentleman counts to audit bills drawing on the contingent fund in the from Illinois [Mr. MANN], that this House passed a resolu absence of authority being conferred on that committee by tion authorizing the Committee on Expenditures in the Post resolution? Office Department to go ahead with an investigation and also Mr. HENRY of Texas. I say I do not think they have any, gave that committee unlimited authority to incur the necessary except subject to the approval of the House, but whenever the expense in order to carry forward that investigation. Committee on Accounts brings in a resolution and the House Mr. HARDWICK. Was that separate from the Hamlin reso- approves it, then, of course, the sanction of the House makes lution? it lawful. Mr. AUSTIN. Yes. Mr. BURKE of South Dakota. I understood the gentleman Mr. HARDWICK. That may be true in that one case. from Missouri to make the statement that these expenditures Mr. MANN. I was not referring to that. or expenses of these several investigating committees, that the Mr. OLMSTED. Will the gentleman from Arkansas yield to vouchers woufd be approved by the chairmen of the rQspective me? committees and then they would be referred to the Committee Mr. FLOYD of Arkansas. I yield to the gentleman from on Accounts and they would 0. K. them, and the disbursing Penns:v lvania. . officer would issue a warrant. Now, upon what authority is Mr. OLMSTED. Mr. Speaker, I have served on the Com that done? mittee on Accounts and also on other committees which have Mr. HENRY of Texas. Certainly, and therefore the gentle made investigations under resolutions similar to the one now man from. Arkansas. offers the very resolution we are consid under consideration. The disbursing officer refuses to pay any ering. youcher that is not approved by the chairman of the investigat Mr. BURKE of South Dakota. The resolution we are con ing committee and the Committee on Accounts. He will not sidering refers to a special committee, and when that resolution pay it until the Committee on Accounts approves it I have was up I think I asked the gentleman in charge of the bill known of a case where a witness stated too much mileage, what they were going to do in regard to expenses, and he said where the Committee on Accounts has made an inves.tigation the Committee on Accounts would probably take care of it by and found the fact and refused the bill until modified. I. do not a resolution. understand that the Committee on Accounts would have au Mr. HENRY of Texas. And they are taking care of it by a thority-it might do it arbitrarily-to refuse to pay a· witness resolution authorizing the expenditure. who had been in attendance if the chairman of the investigating Mr. BURKE of South Dakota. But the question raised by the committee certified the amount, but the Committee on Accounts gentleman from Illinois was how the expenditures of these ·sev does exercise a supervision over these bills and vouchers after eral investigating committees were to be paid, and they are in they are certified by the chairman of the investigating com curring expenses, as is well known. mittee. Mr. HENRY af Texas. I think that is perfectly clear that l\fr. FLOYD of Arkansas. I will state to the gentleman that whenever these expenses are incurred they must first be ap my information is that so long as these investigating commit proved by the investigating committee and then must go over to tees are within the authorization, our obligation is simply to the Committee on Accounts, and they must be 0. K.'d there and audit and see that the account is correct, but if they incur ex must have been previously authorized by the House or must be penditures outside of the authorization, then we will be under approved subsequently by the House. no obligation to allow the expenditures. Mr. BURKE of South Dakota. In other words, if I under Mr. GARNER . . Will · the gentleman from Arkansas yield to stand the gentleman, his position is there must be a resolution me to a&fk: the gentleman from Pennsylvania a question? of the House authorizing the payment out of the contingent Mr. FLOYD of Arkansas. Yes. fund of these expenses-- _ Mr. GARNER. Does the gentleman from Pennsylvania [Mr. Mr. _HENRY of Texas. . I certainly think so- OLMSTED] contend that the Expenditure Committees have a Mr. .MANN. If the gentleman will yield to me I do not think legal right to make an indebtedness against the Government and it requires a resolution of the House. The law provides in tl716 CONGRESSIONAL RECORD-HOUSE. JUNE 6, reference to the payment of expenses out of the contingent fund, Mr. MANN. If the gentleman wants a specific instance I and a great many expenses are paid out of the contingent fund will give him one. When the special committee on the pulp that are not provided for by resolution of the House at all. The and paper investigation was authorized by resolution there ordinary expenses of a committee are paid through the con was a check on it. tingent fund. The Committee on Accounts has jurisdiction Mr. GARNER. In what way? under the law to approve expenditures to be paid out of the Mr. MANN. All accounts had to be approved by the Com contingent fund, and those expenses are paid under the law. mittee on Accounts. Mr. HENRY of Texas. Then the gentleman did not catch Mr. GARNER. That was an exception to the rule. what I said. I said them must be some sanction of the House Mr. MANN. No; it was not an exception at all. I think I at some time before the Committee on Accounts acted. followed the rule simply. Mr. MANN. The resolution that was passed which the ~entle Mr. GARNER. It happened to be one of the committees man referred to that came from his committee gave to com where no check was needed, the gentleman from Illinois being mittees authority to subprena witnesses. They have that au at the head of it. thority witlwut resolution of the House. There was nothing in Mr. OLMSTED. Will the gentleman from .Arkansas yield the resolution that was passed in reference to the expenditures further? committees that the committees did not already have, and there :Mr. FLOYD of Arkansas. Yes. was no authority granted, unless it was the one about the Mr. OLMSTED. I merely want to state what the standing Speaker signing subprenas during the recess, and the question law is on the subject. iR, Whether such a resolution passed as it was contained any Mr. FLOYD of Arkansas. I would be glad to yield to the thing to give extra authority in incurring expenses or whether gentleman from Pennsylvania, but I submit that this discussion the resolution was a mere duplication of existing law in that is entirely foreign to the resolution under consideration. I respect? yield to the gentleman in order that he may ask a question. l\tlr. GARRETT. Will the gentleman permit a question? Mr. OLMSTED. The question has been asked, What is the Mr. HARDWICK. Have they authority to swear witnesses? law authorizing the Committee on Accounts to pass upon such Mr. MANN. Certainly; any chairman of a committee can accounts? I think the only law is found in the rules of this swear a witness. House fixing the powers and duties of committees-Rule XI Ur. GARRETT. Or a.n57 Member of the House can swear a which begins by saying that " all proposed legislation shall be witness under the law. referred to the committees named in the succeeding paragraphs," Mr. MANN. The committees have authority under the law. and in the forty-eighth paragraph it says, on pnge 354 : Mr. GARRETT. I understood the question of the gentleman Touching the expenditure of the contingent fund of the House, the from Illinois, a few moments ago, to be directed to the matter auditing and settling of all account.a which may be charged therein by of the payment of witnesses. order of the House-to the Committee on Accounts; Mr. MANN. Well, it is directed to the matter of the pay Now, strictly interpreted, tha.t rule, considering the language ment of all the expenses incurred by these several committees at the beginning and the opening of the forty-eighth paragraph, on expenditures in the executive departments. would mean all proposed legislation touching those things, but the Mr. GARRETT. But the gentleman made particular refer remaining language of the forty-eighth paragraph clearly means ence to the payment of witnesses. to confer on the Committee on Accounts the auditing and set Mr. MANN. I referred to the pay of witnesses, among other tling of all ac·counts. That is, all charges against the contin things. Of course, that, as the gentleman knows, is fixed by gent fund of the House are to be audited by the Committee on the rule. Accounts. I would not go so far as to say that that means that Mr. GARRETT. Neither the Committee on Accounts nor the Committee on Accounts might properly say that some in any other committee would have jurisdiction over the payment vestigating committee had summoned more witnesses than it of witnesses except by some provision of this rule, would it? needed to have summoned and therefore it would not pay the Mr. MANN. I think the Committee on Accounts would have witness fees. That, perhaps, would be an arbitrary exercise o:Jl jurisdiction to turn down a bill if it thought that one of the power. But in any event no account can very well be paid other committees of the House was subprenaing a great number until it ·is approved by the Committee on Accounts, and should of witnesses without any necessity for it. At least, if I were it find any irregularities it would doubtless withhold its ap- a member of the Committee on Accounts, I would not vote to proval. . approve the bill. I do not charge that that is being done, but Mr. MURDOOK. Mr, Speaker-- that is on the question of authority. The SPEAKER pro tempo re (Mr. BARTLETT). Does the gen Mr. GARRETT. Does the gentleman understand that the tleman yield? pay of witnesses must come out of the contingent fund of the l\!r. · FLOYD of Arkansas. I yield to the gentleman from House? Kansas. Mr. MANN. I do not. Mr. MURDOCK. Mention has been made here of the contin· Mr. GARRETT. I confess that that is a question upon gent fund of the House. Is the contingent fund of the House a which I have not specific information. fixed sum? Is it an established amount? Mr. MANN. It might come out of any other appropriation; Mr. FLOYD of Arkansas. It is appropriated for in the legis. but, as a matter of fact, I understand that the payment of wit lative appropriation bill. nesses does actually come out of the contingent fund, because Mr. MURDOCK. Is it carried as a fixed sum from year to there is no other appropriation made for that purpose. year? Mr. GARRETT. But no special resolution is necessary to fix :Mr. FLOYD of Arkansas. I think not. the pay of witnesses, there being the standing rules of the Mr. .MURDOCK. Does the gentleman know what the !)resent Honse on that subject. Mr. MANN. Not to fix the amount. state of that fund is? Mr. GARRETT. Of course, as to the appropriation for it, Mr. FLOYD of Arkansas. The Committee on .A.ppropriationB that would be like any other matter that the House would pro recommend whatever amount is deemed necessary every year. vide for. It must be appropriated. .Mr. MURDOCK. Does the gentleman know the a.mount of Mr. MANN. Well, we generally aim to provide some check the contingent fund at present? on the expenditure of money beyond the ones who want the 1\Ir. FLOYD of Arkansas. I can not advise the gentleru un as money. Now, a committee might want to expend money that to the amount now in the fund. the committee in charge of the money might not want to have l\Ir. MURDOCK. Does the gentleman know what we have expended. I mean no reflection on either committee. expended yea.rly in the past? Mr. GARNER. Mr. Speake1~, will the gentleman from Illi- l\fr. CARLIN. That can be ascertained at any time by calling nois yield? upon the disbursing officer. Mr. MANN. The gentleman from Arkansas [Mr. FLoYDl has Mr. MANN. Last year, I think, it was about $75,000. charge of the time. Mr. l\IURDOCK. Tbe gentleman from Illinois says about Mr. GARNER. Will the gentleman from Arkansas yield 'l $75,000. . The SPEAKER. Does the gentleman from .Arkansas yield to Mr. FLOYD of Arkansas. I think it is usually about $75,000 the gentleman from Texas? per annum. Mr. FLOYD of Arkansas. Yes. This discussion has been entirely foreign to this resolution. Mr. GARNER. The gentleman from Illinois just a moment The only resolutions which ba\'e come to the Committee ago remarked that it was customary for the House to put a on Accounts relating to the expenditures of committees are the check upon some of those who wanted to spend the money. I one which we passed a few clnys ngo, authorizing tb.e select would like the gentleman to point out any resolution that has committee to investigate the United States Steel Corporation been passed in the last eight years authorizing an investigation to make certain expenditures, and this resolution now under where a check was placed on it by his side of the House? cQnsideration, to authorize the select committee to investigate 1911.. CONGRESSIONAL RECORD - HOUSE~ fi17li'7· the American Sugar Refining Co. to make certain expenditures. McNamara and report its findings to the two Houses at the These are the only resolutions that have been considered by the earliest practicable moment. Committee on Accounts. 1 Apparently it is not contemplated to appoint one committee, The other resolutions passed by the House, as I construe and although it says that it sb.a.Ii report its findings. It provides understand them, authorize unlimited expenditures. But your for a committee of each House. It provides that the Honse Committee on Accounts sought to adopt a different policy and shall appoint a committee and the Senate shall appoint a com to fix a limit on the expenditures of these special investigating mittee. I have no objection myself to the appointment of a. committees. We fixed that limit at $25,000 in the former reso committee by the House, but I question, there being no joint lution, and we fixed it at $25,000 in this resolution. If that rules in existence, whether the House has anything to say sum should not prove sufficient, we stand ready to give more about the appointment of a Senate committee, or whether the in the future; but we believe it wise to put a check upon these Senate has anything to say about the appointment of a House expenditures, so that the auditing committee, the Committee on committee; and if the House has nothing to say about the Accounts, will know from time to time what expenditures are Senate committee, then the Committee on Rules has no juris being made. Now, this resolution, as already stated, conforms diction to report, as a privileged matter, a resolution providing in every respect to the resolution that we adopted a few days for the appointment of a Senate committee on anything. Nor ago authorizing expenditures by the select committee to in do I think the Committee on Rules ha.s jurisdiction to report a vestigate the Steel Trust. It provides that there shall be a concurrent resolution asking the permission of the Senate for double authorization; in the first place, that the select commit the House to appoint a House committee. The Committee on tee must authorize the expenditure, then that the Committee Rules has jurisdiction over the rules and over the order of the on Accounts must audit and approve the vouchers, and the business of the House and over joint rules. Bnt here is a reso chairman of the Committee on Accounts must sign and attest lution proposing, not a joint committee of the two bodies, not the authorization. We think this resolution is right and that the House shall appoint a House committee, but proposing proper, and if no one else desires to be heard on the question, or that we ask permission of the Senate that we appoint a House to ask any further questions, I ask for a vote. committee and give to the Senate permission to appoint a Sen The SPEAKER pro tempore. The question is on agreeing to ate committee. That is the purpose of the resolution as it the resolution. looks to me. The resolU:tion was agreed to. 1\Ir. GARRETT. Mr. Speaker, will the gentleman yield? ABBEST OF JOHN J. M'NAMARA. Mr. MANN. Certainly. I will say to the gentleman that I Mr. HENRY of Texas. Mr. Speaker, I desire to submit a never saw the resolution before. Mr. GARRETT. Of course the objections the gentleman is privileged report (No. 46) from the Committee on Rules. making go to the form of the resolution. The Clerk read as follows : !\fr. :MANN. I think it goes to the .jurisdiction of the com The Committee on Rules has had under consideration House concur rent resolution 6, providing for the appointment of a committee of mittee in reference to it. lnvestlgation, and report that they have held hearings, at which the Mr. GARRETT. The jurisdiction of the Oommittee on Rules? proponents and all others desiring to be heard appeared and gaye testi Mr. MANN. I have no objection, the gentleman understands, mony. In the opinion of your eommittee- to considering the real proposition. Mr. MANN. Mr. Speaker, a parliamentary inquiry. Are we Mr. GARRETT. Of course, if it would be reported to the not entitled to have the resolution reported first, so that the House with a recommendation for passage, then the matter of House may know what the report is about? form would become important; but being reported to the House The SPEAKER pro tempore. The Clerk will read the reso with a recommendation that it lie upon the table, how can the lution. form be jmportant? Why should the committee amend the Mr. MANN. But the Clerk is reading the report of the com resolution and then report that it do lie upon the table? mittee. We do not know what it is about. M:r. MANN. I am frank to say that I did not hear what the Mr. HENRY et Texas. The gentleman may take it either report was. way. We are going to have the resolution read, and the report Mr. HENRY of Texas. Mr. Speaker, will the geutleman yield also. to me for a moment? The SPEAKER pro tempore. The Clerk is directed to read Mr . .MANN. Certainly. the resolution. \ Mr. HENRY of Texas. Mr. Speaker, I think we can agree The Clerk read as follows: without any trouble about it. I am not defending the form of House concurrent resolution 6. the resolution at all. The point is simply this, that a resolu Whereas the fourteenth amendment to the Constitution ordn.ins that no State shall " deprive any person of life, liberty, or property without tion for an investigation was introduced by the gentleman from due process of law, nor deny to any person within its jurisdiction the Wisconsin [Mr. BERGER] providing for a certain kind of com equal protection of the laws"; ·and mittee. Whether he aptly shaped it or not we are not now Whereas it 1£1 reported in the public press that one John J. McNamara, heretofore residing tn the city of India.napolls, Ind, has been deprived considering. The Committee on Rules did consider his reso of liberty and put ln jeopardy of his life without due process of law: lution and report it to the House, with a recommendation that Therefore be it it lie upon the table, but in advance of making the formal Resolved by the House of R.epresentatives (the Senate concurring), That a committee of each Elouse be appointed to investigate the arrest motion, it is my intention to ask unanimous consent that the and e:xtradition of the said McNamara, and to report its findings to the testimony taken by the Committee on Rules, which is all the two Houses at the earliest practicable moment. material evidence that can be adduced on the subject, and the Mr. HENRY of Texas. Mr. Speaker, I now ask that the accompanying report be referred to the Committee on the report be read. Judiciary in order that such committee may inquire whether or Mr. MANN. I make the point of order, Mr. Speaker, that not further legislation is necessary in regard to the extradition this report is not privileged. laws. The gentleman from Wisconsin so understands the mat Mr. HENRY of Texas. I think that a report from the Oom ter, and later I shall ask that this testimony go to the Judiciary mittee on Rules is privileged. Committee and that his resolution do lie upon the table. 1\Ir. MANN. I will reserve the point of order until I can Mr. MANN. M:r. Speaker, of course the reason I made the hear what it is. point of order, and I did not understand what the purpose of The SPEAKER pro tempore. The gentleman from Illinois the gentleman was in making the report, was simply on the reserves the point of order. question of the resolution being privileged in the House. The The Clerk read the report, as follows : House guards very carefully and properly so privileged reports, The Committee on Rules has had under consideration House con and the question whether reports are privileged, because when current resolution 6, providing for the appointment of a committee on a committee reports a bill which is privileged it thrusts out of Investigation, and report that they held hearings at which the propo the way everything else, but with the explanation which the nent and all others desiring ~o be heard appeared and gave testimony. In the opinion of your comIDlttee it covered all the material facts that gentleman has made I shall withdraw the point of order merely could be ellclted by a select committee and further investigation would because I would not object to the unanimous consent. throw no additional light on the transaction and It is therefore unnec essary. The testimony is herewith submitted for the information of Mr. HENRY of Texas. Mr. Speaker, I was going to say the House with a view of determining whether or not further legisla that, while not waiving the point, I believe the resolution is tion is necessary. It is recommended that House concurrent resolution strictly privileged; yet I will not offer it as a privileged. reso 6 do lle on the table. lution, but ask unanimous consent that the resolution and re l\1r. HENRY of Texas. Now, Mr. Speaker, if the gentle port be considered at this time. man from Illinois does not care to discuss the point -0f order-- The SPEAKER pro tempore. The gentleman from Texas Mr. MANN. I think I will discuss the point of order for a withdraws the resolution as a privileged. resolution, and now moment. As I understand the resolution, 1t is a concurrent askS unanimous consent for the present consideration of the resolution providing that a committee of each Honse shall resolution and report. Is there objection. be appointed to investigate the arrest and extradition of There was no objection. 1718- CONGRESSIONAL RECORD-HOUSE. JUNE 6, Mr. DALZELL. Mr. S.Peaker, will the gentleman from Texas· · Mr. HENRY of Texas. Mr. Speaker, I ask unanimous consent yield? that the reading of the original resolution be dispensed with. Mr. HENRY of Texas. Certainly. The SPEAKER pro tempore. The gentleman from Texas Mr. DALZELL. Mr. Speaker, I beg leave to differ with the asks unanimous consent that the substitute may be read in lieu gentleman from lliinois as to the character of this resolution. of the original resolution. Is there objection? I see it now for the first tim~. I was unavoidably absent when Mr. MOORE of Pennsylvania. Is this the substitute to the matter was considered by the committee, and had not read House resolution 154? the resolution until now. I concur, of course, in the· conclusion Mr. HENRY of Texas. Yes; 1t is. that was arrived at by the committee after discussion. Mr. MOORE of Pennsylvania. I have not been able to pro- I think the resolution as presented by the committee now is cure a copy of the substitute. an eminently proper one and brings about the result that was Mr. HENRY of Texas. The substitute of course, has not desired in a much better way than it would have been by the been printed, but I will have it read in on~ moment, and I will appointment of a special committee. Nevertheless, I think this give the gentleman all the time he wants to interrogate in is a privileged resolution. It relates to the business of the regard to it. House. It calls for the appointment of a committee to deal in Mr. MOORED of Pennsylvania. And the gentleman's request a special way with a matter that belongs to the House, and is that the substitute be read in lieu of the original resolution? while it is true that the appointment of that committee eventu- Mr. HENRY of Texas. Yes. ally would depend upon the consent of the ~enate, nevertheless The SPEAKER pro tempore. Is there objection? [After a it is strictly a resolution dealing with the business of the pause.] The Chair hears none, and the Clerk will read the House, and I am not willing to agree that the resolution in its substitute. present shape is subject to a point of order. The Clerk read as follows: Mr. HENRY of Texas. I did not waive that point. It is Resolved, That the Committee on the District of Columbia, or any only to have an agreement that unanimous consent is now subcommittee thereof which may be apJ(>ointed by the chairman of said k d. committee for that purpose, be authorized to send for and to compel as e the production of such books and papers and the presence of such per- Mr. DALZELL. I do not object to the gentleman's attitude, sons as they may deem necessary for the purpose of inquiring into the but I wanted to express my own view. operations and methods of the departments of assessment and collec- Mr. MANN. Will the ~entleman yield? tion of taxes of the District of Columbia and such other departments = of the District of Columbia as may be determined by them, a.nd, as well, Mr. DALZELL. Certainly. the organization, capitalization, bonded and other indebtedness, man- 1\Ir. MANN. Does the gentleman understand that this ap- agemen t, and conduct of any and all of the public-utility corporations oints one committee, or a committee of the House and also a doing business in the said District. Said committee or subcommittee P is hereby given authority to administer oaths. Said committee or sub- committee of the Senate? committee may sit during the sessions of Congress or during the re Mr. DALZELL. The resolution as it reads seems to con- cesses between sessions of the Sixty-second Congress for this pQrpose. template the appointment of two committees. ?!Ir. HENRY of Texas. l\Ir. Speaker, I now desire that the Mr. MANN. Does the gentleman think that it would be report be read. privileged in the House for the Committee on Rules to report a Mr. MANN. Mr. Speaker, I desire to reserve the point of resolution providing that the Senate shall appoint a committee order on the resolution as being privileged until we can hear of investigation? the reading of the report. Mr. DALZELE I think it is entirely competent for the House The SPEAKER pro tempore. The gentleman from Illinois to report a resolution creating a committee of its own to act reserves the point of order as to the character of the resolution. with a committee of the Senate, if"the Senate sees fit to agree. Mr. MANN. We ought to have a chance to see about it. I do not see how the privilege is destroyed by the fact that Mr. HENRY of Texas. If the gentleman will permit me, at it requires the consent of the Senate to call the matter into one time I tried to give him and the House the opportunity of final execution. seeing these reports, and he made the point of order that the Com Mr. MANN. True, but that is not the question as to the mittee on Rules must report from the :floor and have the reso- privilege- lution and report read at the Clerk's desk. Theretofore I had · .Mr. CARLIN. Mr. Speaker, a point of order. filed some of them in order that they must be printed as other The SPEAKER pro tempore. The gentleman will state it. resolutions and committee reports, which is competent under Mr. CARLIN. I make the point of order that the matter the the rules, in order that the Members might consult them, but gentlemen are discussing is not before the House. the gentleman made the point that the Committee on Rules had The SPEAKER pro tempore. The point of order is over- no authority to make reports in that way. Although I do not ruled. agree with the gentleman [Mr. MANN], for I think the Commit- Mr. CARLIN. The Chair does not understand.. the point of tee on Rules can report in either way under the rules. order-- Mr. MANN. I have no objection to the gentleman making a The SPEAKER pro tempore. The point of order is overruled. privileged report, as the gentleman from Alabama did this Mr. HENRY of Texas. Mr. Speaker, first I ask unanimous morning, having it reported before it is called up in the House. consent that both testimony and report, which are printed, the Mr. HENRY of Texas. The gentleman knows that the au testimony being appended to the report, be referred to the thority conferred on the Committee on Rules or on any other Commitee on the Judiciary. · committee to present a privileged report carries the authority The SPEAKER pro tettipore. The gentleman from Texas asks to immediately consider it. unanimous consent that the testimony.accompanying this report Mr. MANN. It carries with it that authority. ·from the Committee on Rules be referred to the Committee on Mr. HENRY of Texas. I think we can agree about that. the Judiciary. Is there objection? [After a pause.] The Chair There is no controversy about the resolution. hears none, and it is so referred. Mr. MANN. I think, likely. I reserved the point of order Mr. HENRY of Texas. Now, Mr. Speaker, I move that House until I could examine th~ substitute. The substitute -appears to resolution No. 6 do lie on the table. be quite different from the original. The SPEAKER pro tempore. The motion of the gentleman Mr. DALZELL. I suggest to the gentleman from Illinois from Texas is that the pending resolution be laid on the table. that he wait until he hears the report read. The question was taken, and the motion was agreed to. The SPEAKER pro tempore. The Clerk will read the report. The Clerk read as follows: INVESTIGATION OF DISTRICT OF OOLUMBIA. Mr. HENRY of Texas, from the Committee on Rules, submitted the fol lowing report : Mr. HENRY of Texas. Mr. Speaker, I submit the following " The Committee on Rules have had under consideration House reso privileged report (No. 47) from the Committee on Rules and lution 154, authorizing the Committee on the District of Columbia to ask that the resolution be read first. inquire into the government of said District, and report in lieu thereof The SPEJA.KER pro tempore. The gentleman from Texas sub- the accompanying resolution as a substitute, and recommend its adop mits a. privileged report, which the Clerk will read. tion." The Clerk read as follows : · Mr. HENRY of Texas. Mr. Speaker, there is no controversy about this resolution, and I hope there will be none about the House resolution 154-- report. The Committee on Rules thought amendments to the Mr. HENRY of Texas. Mr. Speaker, I will ask the Clerk to resolution were necessary in two particulars. First, there was suspend. Now, there is an original resolution and we have re a clause in the original resolution to the effect that if any ported a substitute. I will ask if the gentleman from lliinois witness summoned before the committee on the District of desires the original resolution and the substitute both to be Columbia should swear falsely he should be punished as for read? I think the reading of the substitute will be suffi.cient. perjury. Of course we know that under the law a witness so The SPEAKER pro tempore. The original resolution will first summoned could be punished for perjury without putting that have to be read and then the substitute unless dispensed with. authority in the resolution, and therefore we struck it out as 1911. CONGRESSIONAL RECORD-HOUSE., 11719_· smplusage. Then, in the second place, toward the end of the government of the District ot Columbia,. and of the manage resolution there was verbiage dealing with the expenditures in ment and conduct of public-utility corporations doing business regard to this resolution. The committee thought proper not in the District,. a.s contemplated by the original resolution, 154? to try to den! with the contingent fund of the House or any Mr. HENRY of Texas. No; it does not. It includes that. expense or expenditures in regard to this matter, but preferred · Mr. MOORE of Pennsylvania. Then the substitute does in to submit all of those questions to the Committee on Accounts,. elude the investigation of those two subjects? so that they might pass under their scrutiny, and therefore we Mr. HENRY of Texas. Yes. pretermitted that language as being improper. I might say~ be- Mr. MOORE of Pennsylvania. With the added investigation cause, as the gentleman will agree, a point of order would Ile ot the sabjec.ts of the bonded. liability o1 the District and assess- against that part of the resolution. ment and taxation? Mr. MANN. That is the reason why I reserved a point of Mr. HENRY of Texas. It does. order, because it does lie. Mr. MOORE (}f Pennsylvania.. And their relation to the Gen- Mr. HENRY of Texas. 'l'hat is the- reason we struck it out eral Government? l\Ir. MANN. It still lies. l\Ir. HENRY of. Texas. That is correct. Mr. MOORE of Pennsylvania. Mr. Speaker-- Mr. MOORE of Pennsylvania.. May I ask the gentleman if Mr. MANN. It is the original resolution that is before the he is able to tell us about how far this investigation is to go in Honse. the matter of expense? Ha.s the matter of the· expense of the Mr. HENRY of Texas. I do not think so. I think we can im·estigation been considered at all? report a substitute to the House as an independent proposition Mr. HENRY of Texas. It has. It has: heen my intention to from the Committee on Rules. yield to the gentleman from Kentuckyy the chairmn.n of the Mr. MANN. The gentleman has given away his case. How- Committee on the District of Columbia; and his statement, as ever, that is neither here nor there. I remember it, was that this investigation ought not to cost Mr. HENRY of Texas. But we can vote on both. more than $2,500-certainly not to exceed $5~000. We consid- Mr. MANN. I merely made the point of order on account ered the question thoroughly, and although that question will of the substitute. go to the Committee on Accounts, I think it is a proper thing Mr. HENRY of Texas. I will sustain the point of order to for the Committee on Rules to consider as well. the original resolution. Mr. MOORE of Pennsylvania. It seems to me that this in- Mr. MANN. There is no controversy then. The gentleman vestigation is so wide in its scope and is capable of being pro proposes to ask unanimous consent for the consideration of longed to such an extent, by reason of the nature of the snb his privileged resolution. jects to be inquired into, that it might be advisable to fu: some Mr. HENRY of Texas. If the gentleman and I can agree I limit of c<>st. will certainly ask unanimous consent to consider it, although Mr. HENRY of Texas. The Committee on Accounts. will I think the substitute and report privileged. Yet I am willing undoubtedly fix a limit. to bring the matter before the House by unanimous consent. Mr. POU. If the gentleman from Texas will allow me,. I Mr. MANN. The gentleman and I agree that if' the original want to say that the chairman of the Committee on the District resolution is subject to a point of order, then the substitute is of Columbia stated that he would have no objection to putting also subject to a point of order. It is the original resolution a. limit of $5,000 on the cost of the investigation. that is before the House. It is the original resolution that is Mr. HENRY of Texas. And, furthermore, the Committee on reported to the House, with the- proposed amendment substi- Rnles considered the proposition and thought it better that the tnted by the committee,. and the point of order lies to the- orig- whole subject dealing with the expenditures should go to the inal resolution, and the original resolution is the test. Committee on Accounts. But let me ask the gentleman. What is the part that is in- Mr. MOORE of Pennsylvania. I have had no conference with serted in the resolution in the substitute? What is the scope the District of Columbia Commissioner~ although my unde.r of that? standing is that they have no objection to an inquiry of this Mr. HENRY of Texas. The scope ot that is only inserting a kind. But we are in the summer month~ and the addition to new clause authorizing the committee to inquire into the op- your original resolution of the proposition to investigate the erations and methods of the department of assessment a.nd method ot assessment and taxation is so large that it is a ques collection of taxes of the District of Columbia, specifically in- tion when we would get through with it. However. if the gentle. eluding those things for the committee to investigate. man thinks that the expense would not be more than $5,000. it Mr. MANN. Would not that be covered by inquiring into the seems to me that there can be no objection to that a.mount. operation of the government of the District of Colmnbia? Mr. BURLESON. Will the gentleman yield for a question? Mr. HENRY of Texas. Perhaps it would be, but the com- Mr. HENRY o1 Texn.s.. I will yield for a. questi011. mittee, out of an abundance of caution, thought it better to Mr. BURLESON. Is it contemplated that the cost of this specify this particular subject or inquiry. investigation shall come from the contingent fund of the Mr. MANN. Let me ask the gentleman one question, merely House? as to a matter of form. Does not the gentleman think it would Mr. HEl~RY of Texas. Personally, I think so, although it be a little better form to strike out the word "House ,, be- might be ordered from some other fund if the House shculd fore "Committee"? choose. Resolved, That the u House" Committee on. the District of Colum- Mr. GARRETT. With the permission of the gentleman from bta--· Texas, I wa.nt to say that the Committee on Rules is setting an Mr. HENRY of Texas. Yes. That is a typographical error. example to the House of observing- strictly the rules of the We will agree on that House, and therefore it is not dealing with the matter of ex- Mr. MANN. We instruct our own Committee on the District pense. The gentlemen on the Appropriations Committee and of Columbia. the Committee on Accounts can deal with that matter. Mr. GARRETT. Is the word '~House ii in the substitute? Mr. BURLESON. I would like to ask the gentleman how l\fr. HENRY of Texas. It is in the substitute, but it is a many investigating committees have been authorized by the mere error in copying. I take the responsibility for its being Committee on Rules~ there, although I did not copy it. Mr. GARRETT. Two special committees. Mr. MANN. I understand. That probably would not strike Mr. BURLESON. At $25,000 each? everybody, but I think that is not the proper title of the com- Mr. GARRETT. Not to exceed that. mittee. Mr. BURLESON. The gentleman will understand that the Mr. HARDWICK. It is not a. very serious thing. appropriation made for the contingent fund for the fiscal year l\Ir. MANN. It might be if you got into a controversy over amounts to orily $75,000. One or two more committees: and the subpoonaing of witnesses. we will have a deficit in the contingent fund. Mr. HENRY of Texas. Now, if we ha.ve finished these sub- .Mr. GARRET'I'. This is not a special committee; this is one stantial technicalities, I should like to ask 1t any gentleman of the regular committees of the House. desires to discuss the resolution. . Mr. BURLESON. 1 think it is well enough for the Committee Mr. MOORE of Pennsylvania. Mr. Speaker--- on Rules to understand that the contingent fund amounts to The SPEAKER pro tempore. Does the gentleman ftom only $75,000 a year. Texas yield to the gentleman from Pennsylvania? Mr. GARRETT. The gentleman from Texas will understand Mr. HENRY of Texas. I do.. that the Committee on Roles did not fix the amount of the l\.Ir. MOORE of Pennsylvania. I d0< not want to enter into expenditure with reference to the other- special committees. any discussion, but I should like a little Information from the Mr. HENR'X: of Texas. Let me &nggest to the gentleman chairman. Do I understand that the substitute eliminates from that the contingent fund may soon be exhausted, but that is on the original resolution an investigation of the operation of the account of the extraordinary ses~ion, which increases the ex- 1720 CONGRESSIONAL RECORD-HOUSE. JUNE 6, pense, and there is always a deficiency where we have three trict of Columbia, for the committee to visit various other cities, sessions instead of two during_ a Congress. or would it have to depend wholly upon reports that might be Mr. MOORE of Pennsylvania. Will the gentleman yield for forwarded to it? a further question? Mr. HENRY of Texas. It might be necessary, and still that - Mr. HENRY of Texas. Certainly. would be under the direction of the District Committee and the .i\Ir. MOORE of Pennsylvania. This resolution provides that Committee on Accounts. " the House Committee on the District of CQlumbia, or any sub Mr. SIMS. Does the gentleman mean that during the recess, committee thereof which may be appointed by the chairman of should there JJe one, and the committee sits during the rece s, said committee"; that is to say; the whole Committee on the will the expenses of the committee, such as board and lodg District of Columbia may enter into this investigation, or a ing in the District of Columbia, -be charged up as a part of subcommittee to be appointed by the chairman may enter into the expense of the committee? it. Would it not affect somewhat the question of cost if the Mr. HENHY of Texas. Why, no; I take the view that the entire committee was to serve as inquisitors? members can be allowed no extra compensation, but only actual Mr. HENRY of Texas. It might; but the idea the committee expenses. had in mind was that the Committee on the District of Colum Mr. SIMS. I thought that what the gentleman said left that bia might take charge of that matter and select whatever sub impression. and I wanted to remove it. committee it thought appropriate. Mr. HE~Y of '.re.xas. Mr. Speaker, I now yield 10 minutes .i\lr. MOORE of Pennsylvania. The resolution lea-res it to the to the gentleman from Kentucky [Mr. JOHNSON] . discretion of the chairman of the committee to make this ap Mr. JOHNSON of Kentucky. Mr. Speaker, this resolution pointment, and if he sees fit, to delegate it to the entire com was offered by the gentleman from Arkansas [Ur. OLDFIELD] . mittee. This House, and in fact the entire country, has been hearing for .i\!r. HENRY of Texas. That would be subject to the approval years and years that there are irregularities in the affairs of of the committee. the District of Columbia. Whether there are or not can not Mr. OLMSTED. But it does not say so. be ascertained without an investigation. If there has been Mr. HENRY of Texas. I take it that the chairman of the any sort of mismanagement or extravagance in the affairs of District Committee would desire the sanction of the committee the District of Columbia, the Congress is entitled to know it, when he undertakes to make an appointment of that sort, and that it may be remedied. If there have not been any irreo-u there would be no conflict of jurisdiction about it. larities, it through these thirty-odd years there has been no mis Mr. MOORE of Pennsylvania. And even with that question appropriation of funds, no wastefulne s of the public money, raised and considered the gentleman thinks the cost would be then the country ought to be quieted with the report of a com somewhere between $2,500 and $5,000 to complete the investi petent committee that such is the fact. This unrest among gation? the people and among the Members of Congress should be Mr. HEi'IBY of Texas. Undoubtedly, I think so. stopped or they should be given something to complain about. Mr. MURDOCK. Mr. Speaker, will the gentleman yield? As ior myself, I have sa.id from the beginning that I knew of Mr. HENRY of Texas. Certainly. nothing fraudulent, but that I was informed, from what I :Mr. MURDOCK. I would like to ask the gentleman some deemed reliable sources, that through error or through a ys thing about this expenditure. Under this substitute resolution tem o:f auditing, the Federal Government had paid more than this committee on investigation can hold sessions between the its share of the 50 per cent basis on which we are operating, regular sessions of Congress. That is, this committee on inves that 50 per cent basis being that the Government of the United tigation can be in Washington when Congress is not in session. States should pay on~half of the current expenses of the Dis Now, it the members of this committee, scattered abroad over trict of Columbia and the District of Columbia pay the other the country, are brought into the city o:f Washington to hold a half of the current expenses. While this matter was up before session o:f the committee, are they allowed mileage out of the the Committee on Rules I had occasion to sa:v that I had been contingent fund as expenses? informed relial>ly, as I believed, that the Federal Government Mr. HENRY of Texas. They are not allowed extra mileage, had paid more than half, and I cited one instance o:f the in and the gentleman must understand that those matters would terest on the 3.65 per cent bonds, and on the bonds them come under the scrutiny of the "11 watchdogs of the Treas selves, contending tha~ the Government was not bound to pay ury "-the Committee on Accounts. any interest whatever on those bonds, but that the Government Mr. MURDOCK. They would not be permitted mileage? had bound itself to have taxes levied in the District o:f Co Mr. MANN. They would be allowed their expense~. lumbia which would produce sufficient revenue that the Di - Mr. MURDOCK. They would be allowed their expenses? trict might pay the interest on those bonds. Mr. HENRY of Texas. Does the gentleman mean the mem It developed that the interest on those bonds fell due each bers of the committee? year just 11t a time when the District was without funds. .i\Ir. MURDOCK. Certainly. '.rhen the act was amended and the Government was directed to Mr. HENRY o:f Texas. Undoubtedly they would not be advance a sum of money sufficient to enable the District to pay allowed extra mileage. this interest when it was due and not wait until after the .i\fr. OLMSTED. They certainly would. taxes coming to the District of Columbia had been collected . Mr. HENRY of Texus. What authority would the Commit Now, my contention that the Government is bound only as a tee on Accounts have to allow an additional compensation to a guarantor o:f this interest and fs not in any sense bound to pa y Member of Congress in the performance of his duty during a this interest can be found in an act passed in 1877, which reads session of Congress or during a recess of Congress? It might as follows: That the Secretary of the Treasury shall reserve of any of the reve allow his expenses. nues o! the District of Columbia not required for the actual current Mr. MURDOCK. Then the expenses of this committee would expenses of schools, the police, and the fi re department, a sum suffi be confined largely to the expenses of a stenographer. cient to meet the interest accruing on the three-sixty-five bonds of the District during the fisca l year beginning J uly 1, 1877, and apply the Mr: RUSSELL. And witness fees. same to that purpose; and in case there s hall not be a sufficient su m Mr. HENRY of Texas. Yes; witness fees. And our idea is, of said revenues in the Treasury of the United States at such time as perhaps, the stenographers already provided for could take all said interest may be due, then the Secretary of the Treasury ls author ized and directed to advance, from any money In the Treasury not oth the testimony. erwise appropriated, a sum sufficient to pay said intere t, and the same Mr. MANN. Why should there be any expenses for stenog shall be reimbursed to the Treasury of the United States from t ime to rQ.phers, when we· haYe 10 stenographers who are not working time as said revenues may be paid into said Treasury until the full during vacation? amount shall have been refunded. .i\lr. HENRY of Texas. I have just made that suggestion Now, as I said, I am advised that this refunding from time in accordance with the gentleman's idea. to time which was contemplated by this act has not been made. Mr. :MOORE of Pennsylvania. The gentleman has just added I am not a bookkeeper, I am not an accountant, and it is my by his substitute an investigation of the iystem of taxation opinion that no member of the District Committee is such, in the District of CQlumbia. therefore we have deemed it ad,1isable to ask this Hou e to Mr. HE:NRY of Texas. Yes. give us an accountant, that he may go and see whether or not Mr. MOORE of Pennsylvania. Let me say to the gentleman the United States Government has been reimbursed to the ex that that is one of the most fruitful fields of inquiry that any tent which it should have been through these long years. In committee of Congress could enter upon, and it would unques other words, this partnership has existed for nearly a third of tionably involve a consideration of the taxation systems pre a century without this question having been inquired into, as vailing in other large cities of the country. Might it not be far as I can find. I believe that an accountant can be obtained necessary, if this Congress is to expect a complete and thorough for less than $5,000 who will go through this. Ml it requires is report looking to a revision of the entire system in the Dis- the appropriation acts of each session and then compare them . 1911. CONGRESSIONAL .RECORD-HOUSE.- f.1721 to the auditor's report, and, as to the rest of the work, the ment of judges to be the ministers and have made the police the agents of their will ; they have organized a militia establishment on members of that committee are more than willing, they assure the basis of an Army corps. me, and I assure you that I myself am just as willing, to go into whatever part of it that we can without a cent of expense This grave indictment, if anywise true, of the late governing to the Government. power of the District becomes at once a lesson and a prophecy Mr. SIMS. May I ask the gentleman a question right ther~? when it is contemplated to vest still broader powers upon the In case Congress adjourns and this committee has to rernam commissioners than those conferred upon the governor and board here and incur expenses that otherwise would not be required of public works. of them-- At that time, when changing from that form of government The SPEAKER pro tempore. Does the gentleman from Ken to that we now have, we find Mr. Townsend, of Illinois, using tucky yield to the gentleman from Tennessee? · this language : Mr. JOHNSON of Kentucky. Most willingly. Now Mr. Speaker, in an investigation which afterwards took place, Mr. SIMS. · Are they not in justice entitled to such expenses of whiCb Senato,r Allison was chairman, the officers and employees of the board of public works were brought before the committee and were as are incurred in that particular investigation just the same examined on oath. I have here the figures which Mr. Oertley, the as if they were taken off to some other city to make that in engineer of the District, swore were the amounts charged against the vestigation? Are they not entitled to that as a matter of Federal G0vernment. in which investigation he stated that the sum justice? charged against the Federal Government and collected for this improve ment on the same six blocks of New York Avenue was $83,187.02. Mr. JOHNSON of Kentucky. I will say this, I do not believe At another time the same Mr. Oertley, the engineer of the board of we are entitled to it. I do not want it snd would not accept public works, states in his sworn testimony, on page 2293 of the re it, and I have not heard an expression from a single member port that there had been collected from the Federal Government for the Improvement of these six blocks on New York Avenue the sum of of the committee who disagi·ees with me on that point. $99,028.85. Although these parties ~ade three different statements of Mr. SIMS. It is very generous on_ your part. I think you the cost of this particular work, yet it will be seen that there was are entitled to it as a matter of equity if you have to stay here. charged against the Federal Government and collected from the Na tional Treasury $84,088.90 more than the board of public works in Mr. JOHNSON of Kentucky. If we can have this done by their official report sent to Congress under the sanction of the Presi December and can find something to report to you, so well and dent of the United 'states, declared was required to be paid by the Gov good. If 'we can find nothing, then I say that all this clamor ernment for this improvement. It also appears that the board charged and collected -from the owners of private property abutting on the should be stopped. Now, in the beginning, when this resolu street and from the ~neral Government, etc., $19,000 more than the tion was first offered, the newspapers here took it up and in entire cost of the improvement, and in addition thereto the sum of great headlines and in double-faced type they undertook to make $67,219.74 was charged to the general fund .and is embra.ced in the funded 3.65 bonds. Thus the board of public works receI¥ed. in . all it appear that this investigation was one that would lead us $207,640.42 for an improvement which only cost, according to its own back of the Shepherd regime, and, consequently, it was such a report, $123,552.26. What became of the excess collected over and monumental piece of work that it should not be undertaken. above the cost of the work? . Having collected from the General Government and private citizens, But now, believing that Congress is going to authorize the etc. they proceeded and did file against the general fund of this Dis undertaking of this work, they begin to minimize it and say, in trict a claim for this improvement of over :i;67,000, which has been substance, that it is of no consequence. In the papers either of funded into 3.65 bonds. These are the figures in regard to a portion of a single street in this city ; and it is a sample of the charges for to-day or yesterday afternoon-I forget which-we find a state improvement on many if not all the other streets. ment that this discrepancy in refunding the debt of the United Facts like these have caused me to rise in my seat and protest States would amount to only three or four thousand dollars. against the passage of this bill containing the section to which I refer until some satisfactory explanations are made in this House. Persons What I did say before that committee was that it amounted to familiar with the facts in regard to these matters will tell you that a between three and four hundred thousand dollars a year, if very large part of the amount funded into the 3.65 bonds is a fraud there is any discrepancy at all. upon the taxpayers of the District, and that if we pledge the .National Government to the payment of the sum already funded, we will fasten Mr. SIMS. To sev.eral million dollars. a fraudulent debt upon the National Treasury to the extent of the Mr. JOHNSON of Kentucky. And to repeat, if I were given amount included in these 3.65 bonds . . the books, I could not do the work. I am not an accountant. If I should not have mentioned this, gentlem~n of the House, the books were turned over to the committee, so far as my except for the newspaper accounts, which, whether intended to I observation goes, there is not a man there qualified to do it. be so or not are misleading. They say that I said that these ·believe all we want is one accountant and possibly a stenogra bonds were fraudulent. I have never said that, because I know pher during a part of the time to go through with this. these bonds are good and binding; but what I have said is Now, I would not go into the question as to the attitude of that, perhaps year after year, for. nearly a third of a century, newspapers respecting this matter except for the fact that the you have been paying half of the mterest on these bonds when newspapers may perhaps have biased the judgment of Members. it was never your debt. You perhaps have been paying half The SPEAKER pro tempore. The time of the gentleman has expired. of the principal of these millions of bonds when it was never your debt. Mr. HE:NRY of Texas. Mr. Speaker, I yield five minutes more to the gentleman. To ooo into that, and to go into other things of equal im The SPEAKER pro tempore. The gentleman from Kentucky portan~e, this resolution bas been introduced, and I earnestly is recognized for five minutes more. hope it will be adopted. [Applause.] Mr. JOHNSON of Kentucky. While the hearing was going Mr. HENRY of Texas. Mr. Speaker, I yield five minutes to on before the Rules Committee one gentleman asked me for the gentleman from Illinois [Mr. FosTER]. what purpose these bonds had been issued. I said to pay the Mr. FOSTER of Illinois. Mr. Speaker, it has occurred to fraudulent certificates which had been issued under the Shepherd me, and possibly to a good many of the Members who were 'here regime, when the District of Columbia had charge of her own in the Sixty-first Cong1·ess, when charges were made upon the affairs and when Congress did not have charge of her affairs fioor of this House that there were inequalities in the assess as now. ment of property in the District of Columbia. I have had To read from a report filed before Congress at that time, when occasion to look into this matter a little, ham had some evi ·the commission form of government was being proposed to suc dence on this point, and when this resolution came before the Committee on Rules I felt that if an investigation of the affairs ceed that prior form of government under which perhaps of the District of Columbia was had it ought to include in it $25,000,000 had just then been misappropriated, this language occurs and this prophecy was made as to the new form of the important matter of the assessments and taxation in this government : District. The governor and board of public works have seized all the elements I believe that we have upon that committee now-not that of power in this District. They have laid their hands upon all the there have not been in the past-men who have taken a great organized forces of the community; they have captured every source of deal of iilterest in municipal affairs, and that whatever is influence, public and private; they have dictated the conduct of the press, controlled the legislature, and manipulated the courts; they have wrong in these assessments and methods of taxation will be demanded the irresponsible disbursement of the public funds; they have corrected by proper laws when the question is investigated and secured the arbitrary appointment of all officials, high and low ; they looked into by the District Committee. have cultivated congressional committees; they have debauched public servants; they have surrounded the President; they have patronized I believe that there is inequality of taxation in the District the rowdy element; they have intimidated the primary assemblages of of Columbia that ought to be looked into and that ought to be the people; they have packed poUtical meetings ; they have conspired to corrected. I believe that there are many abuses that this Con overthrow political organizations; they have imposed their candidates upon the people and driven voters to their support through threats of gress should correct by proper legislation. I have no doubt in starvation; they have suppressed freedom of speech in the District of my mind that there are many people in the District of Colum· Columbia and made liberty of political action an offense; they have bia who have large holdings of real estate who to-day are not seduced the wealthy, tyrannized over the poor, ostracized the honest, and persecuted the independent; they have retained the leading members paying their just proportion of taxation, and that the man who of the bar, subsidized the churches, and schemed for the control of the lives in his little home and is a small property holder is pay school and charitable funds; they have sought the power of appoint- ing more than his just proportion. ti 722 CONGRESSIONAL -REOORD-HOUSE. JUNE 6, So I am glad that this investigation is to be brought about, 1 Mr. MOORE of Pennsylvania. Mr. Speaker my interest in and I believe next winter, when this Congress meets in regular this question arises because of my membershlp in the Com session, if it gets away before that time, we shall have the mittee on the District of Columbia. I have not heard the opportunity of correcting these abuses that have grown uv rumors of mismanagement and improper government upon the he1·e from year to year and that have been brought about by part of those now directing affairs in the District of Columbia n lot of rea.1 estate sharks and tax dodgers in the District ot to which the chairma.n of the committee has referred. Occa Columbia. [Applause.] sional comments have appeared in the newspapers, and now Mr. HENRY of Texas. Mr. Speaker, I yield three minute~ and then we have been told that taxation was unfair in the to the gentleman from Tennessee [Mr. GARRETT]. District; that the rich property owner had an advantage over Mr. GARRETT. Mr. Speaker, I do not care to discuss the the poor property owner, and that the property owner in gen. resolution, but I want to make a suggestion in reference to the eral had some advantage over the property owner outside of statements made by the chairman of the Committee on Rules the District of Columbia. 'But these have been newspaper in answer to an inquiry propounded by the gentleman from reports. Kansas [Mr. MURDOCK], because I think it ought to be stated. Mr. .JOHNSON of Kentucky. Will the gentleman yield? The gentleman from Kansas [MrA l\fum>ocx] inquired of the Mr. MOORE of Pennsylvania. Certainly. . gentleman from Texas, chairman of the Committee on Rules, l\fr. JOHNSON of Kentucky. I said in my remarks before whether in his ·opinion a member of a committee coming here the Committee on Rules, and I wish to repeat it here, that I during the recess, called here from his home or elsewb.ere, to have not the slightest reason to question the probity of the engage in work authorized by the House, could secure any com- present members or the Commissioners of the District of Co pensation for coming. I understood the gentleman from Texas lumbia. I did say, however, then, and I repeat it now, that to reply that he could not. If that be limited to a matter of the commissioners spend all the money. They appoint their compensation, of course the gentleman from Texas is correct, own auditor, and I believe that it is nothing more than a busi but I understand that, under the law and the practice and rules, ness proposition that somebody else go through these accounts. any member of a special or a regular committee who during The law puts them under bonds of $50,000 each. For what recess travels anywhere to engage in investigation or in the purpose? For the purporo that they were willing to trust them work of the House is entitled to his actual traTeling and living no further than we are. .And now, if this were a private busi expenses during that time. ness enterprise in which the gentleman from Pennsylvania and Mr. HENRY of Texas. If the gentleman from Tennessee I were interested, each of UB would want the accounts of the will pardon me-- other invesUguted, especially when the sums of money spent Mr. GARRETT. I will yield to the gentleman. run up into the millions. Mr. HENRY of Texas. The gentleman from Kansas asked Mr. MOORE of Pennsylvania. I am very glad the gentleman me a question and I gave him a categorical answer. He asked has made that statement, and I concede his sincerity in desiring whether a Member serving on a committee during a recess was this investigation. I do not understand him to question the entitled to extra mileage. I said he was not. I did not say integrity of the present commissioners. That is clear, and he that a .Member of Congress would not be entitled to have his has made it clear, but he has suggested here a resolution which expenses paid on these investigation committees, or the varioUB proposes an investigation for reasons that have not been fully commissions that have been organized and upon which Mem- set out to the House except by indirection, and he has rend bers and Senators have been placed. As I understand it, fre- extracts from ancient publications. The fact that " Boss" quently their expenses are paid out of the fund put at the dis- Shepherd once held sway here and came back an honored man, posal of the committee. I did not mean to imply that the ex- perhaps, p.us very lltt17 to do with the question now.. If. there penses of the Members when going to some other place, for 1s anything wrong with the government of the DIStr1ct of instance Philadelphia would not be paid out of the fund. Columbia, of course Congress, which is responsible for the ap- , What I' did mean to ;ay was that no extra mileage could be propriations, ought to know about it. But I was observing that · allowed. except as a comment appears here and there in a newspaper, or Mr. GARRETT. I was sure that that was what the gentle- a gl'ievance arises from some one in the employ of the govern.- man meant, but some gentlemen misunderstood his remarks. ment, who seems to be dissatisfied with his place, unconscious Mr. JOHNSON of Kentuc1.7. Mr. Speaker, if the gentleman of the conditions that prevail elsewhere, or of the superi<;>r from Tennessee will allow me-- advantages of living in the District of Columbia, we know very Mr. GARRETT. I will yield to the gentleman. little about the matter, and it seems to me we ought to have Mr. JOHNSON of Kentucky. I will say that, in so far as I something more substantial before we enter into an in-vestiga am advised, there will be no occasion for the summoning of tion the cost of which we know not. I observe that the substi witnesses outside of the District of Columbia; that all the in- tute which has been offered provides a new subject of investi formation we want can be gotten right here. That is my belief gation, that of assessment and taxation. While the chairman about the matter. of the Committee on Rules was on his feet I made inqliiry as to Mr. MANN. Will the gentleman from Tennessee yield for me this, and found that it was to be added to the original inquiry. to ask a question of the gentleman from Kentucky? Mr. JOHNSON of Kentucky. Will the gentleman yield right l\ir. GARRETT. Certainly. there? Mr. MANN. In reference to the statement the gentleman just Mr. MOOitE of Pennsylvania. Yes. made that no witnesses would be called from outside of the Mr. JOHNSON of Kentucky. Is not the gentleman from District of Columbia. Pennsylvania fully aware of the fact that when this committee Mr. JOHNSON of Kentucky. I said that so far as I was con- was organized a subcommittee upon taxation and assessment was cerned. created in the Committee on the District of Columbia for the Mr. MANN. Does not the gentleman think that if this com- first time in its history? mittee goes into the subject of assessment and taxation it is Mr. MOORE of Pennsylvania. I believe that to be true. I likely to call witnesses from many places; that is, if it goes know the subcommittee was created, and I believe it to have into the subject exhaustively? been the first time in the hi.story o.f the committee that it was Mr. JOHNSON of Kentucky. I will say frankly and freely to created. the gentleman, that I believe all the information we want can l\fr. GARRETT. Will the gentleman permit a question? be obtained on that subject from correspondence. I want to be Mr. MOORE of Pennsylvania. Yes. understood now that I will not faror, but shall strenuously l\Ir. GARRETT. The gentleman thinks the resolution has oppose, the tra-veling of a single mile outside the District of been broadened in the substitute by including a new subject Columbia. matter. Now, that was not the view of the committee, I think Mr. MANN. I have a great deal of confidence, not only in the I may say. It was the intention of the resolution, as the com District Committee, but especially in its chairman and in his mittee understood it, to include that subject, and the gentleman disposition to be fair and economica.L and I have no doubt thnt from Illinois [Mr. MA.NN] very properly suggested awhile ago he will pursue that course if he be allowed to do so, and I hope that it was, in all probability, included under the language of he will be allowed to do so. the original resolution, but the committee thought perhaps it Mr. GARRETT. Mr. Speaker, I understand the law and the was desirable to make it more specific. practice to be in regard to the payment of expenses of special Mr. MOORE of Pennsylvania. Will the gentleman permit me committees that where <;luring the recess :Members travel they to say this: I do not want to be understood as opposing this are entitled to the actual traveling e:rpenses and to their living resolution, because if there is anything that should be inquired expe~ses while in town or city or place in which they may be into or investigated, I am prepared to. join with the majority worlnng. in making that inquiry and investigation. Mr. HENRY of Texas. Mr. Speaker, I now yield five minutes The SPEAKER pro tempore. The time of the gentleman has to the gentleman from Pennsylvania [Mr. l\fooRE]. expired - -· ...... -· ~ ...... _ 1911. CONGRESSIONAL RECORD-HOUSE-. 1723 Mr. HENRY of Texas. Mr. Speaker, I yield five minutes House of considerable importance, dealing with great public more to the gentleman. questions, where it would have been extremely convenient to Mr. MOORE of Pennsylvania. .Mr. Speaker, I am drawing ·send to California for some man to come before us and give the attention of the House to the fact that it is entering upon us his opinion upon something, and yet we never asked that no mean investigation. This investigation may or may not be power from the House. None of the other legislative committees completed within the limit of the expenditure of $2,500 to have asked that power from the House. A.s this resolution $5,000. First of all, we propose to investigate "the operation · was originally prepared it did not ask, in meaning probably, of the government of the District of Columbia." That is a that power from the House. The investigation of accounts, the very broad commission. There are States that are making in- investigation of the expenditure of money is one thing, but the vestigations like that and bringing them up to their legisla- investigation of the subject of assessment and taxation is tures, and some of them are getting through with such inves- purely a legislative proposition. It is controlled by an act ot tigations and some laying them over for another year. Then Congress. The District Commissioners have nothing whatever you are proposing to investigate the management and conduct to do with it except to enforce the law. · of all tb:e public-utility corporations of the District. That in- They have ·very little to do with the enforcement of tlle law. volves water, gas, and light, street and steam railways, and it In that respect, under the law in the case of any proposition involves all of the questions that all of the States to-day are that comes up, a legislative proposition that comes before any wrestling with, at very great expense and at very great labor. committee of the House, is it the purpose of the Committee Now, you are imposing that task upon this committE!e which is on Rules to give to that committee authority to invite confiden to do this work at so moderate an expense. In addition to tllis, tial information, expert information, expert witnesses, expense ' you are imposing on this committee the duty of inve~tigating without control? In this case it was not a committee of the the capital and bonded indebtedness of the District of Colum- House that asked for it. It was the Committee on Rules that bia. That is a question that has invited the attention of all our proposed it-proposed to give to a committee on a legislative cities and States and taken much time and care. And in addi- proposition authority to travel, authority to subpcena witnesses, tion to this, more basically important than all, you are pro- authority to go on junketing trips, authority to do anything posing to impose upon this committee the serious problem of they please, and have the expense paid out of the Treasury. assessment and taxation. Now, I believe that this is the only The SPEAirn:R pro tempore. 'rhe time of the gentleman has question that I have heard entered as a complaint against the expired. management of the District of Columbia, and, of course, it is :Mr. GARRETT. Mr. Speaker, I ask unanimous consent that not chargeable against the management of the District of Co- the time of the gentleman from Texas [l\Ir. HENRY] may be ex lumbia. It is a matter of law. How many cities of this tended 10 minutes-- country have given years of investigation to questions affect- l\Ir. GARNER. Jn order that the gentleman from Tennessee ing assessment and taxation, and in what city has it been satis- may ask the gentleman from. Illinois a question. . -factorily settled? There have been commissions appointed by .i\fr. GARRETT. I ask that the time of the gentleman from States that have gone into this question and have spent years Texas may be extended 10 minutes. in the inquiry. Paid commissions have undertaken the work, perhaps prolonged it because paid; perhaps they have worked The SPEAKER pro tempore. The gentleman from Tennessee sincerely, but the result of it has been the expenditure of time [l\Ir. GARRETT] asks that the time of the gentleman from Texas and labor and money that had to be paid by the municipalities [.Mr. HENRY] be extended 10 minutes. The gentleman from or by the States. •.rexas has already controlled an hour. Without objection, it Whatever we do here in the Disb.·ict of Columbia should be will be so ordered. done so thoroughly and so well, not only with reference to the Mr. HENRY of Texas. I now yield five minutes to the gentle matter of the management of the District, but also with refer- man from Tennessee [Mr. GARRETT]. . ence to the 'timely question of the management of public util- l\Ir. GARRET1.1. The last statement of the gentleman, with ities and the T"ery important and serious question of assess- all deference, is hardly accurate. The Committee on Rules is ment and taxation, as to be a model for all the Nation. Now, not giving to this .::ommittee the power of expenditure. The then, if we are to provide an object lesson for New York, Phila- Committee on Rules expressly refrained from going into the delphia, Chicago, Boston, or Linden, Tenn., or other cities, mu- question of expense. nicipalities, and boroughs that are interested in these prob- Mr. MANN. This gives to the committee the authorization Iems, perhaps we had better undertake the work in a: broader of expenditures-the power to contract obligations. That is and more comprehensive way than is here proposed. Can this the purpose of it. committee cover the ground and bring in a satisfactory report l\Ir. GARRETT. The argument of the gentleman is-and I with the means at hand? I am treating this matter seriously, agree in the main with the statement-that in order to investi because you are imposing a duty upon the District of Colum- gate an assessment it is not necessary to have a resolution from bia Committee, or a subcommittee to be appointed by the chair- the Committee on Rules, because it is a legislative power which man, that is so important and far-reaching that it is a grave the Committee on the District of Columbia already possesses, question whether in the time allotted and with the means pro- having j~risdiction, so that I do not think it adds anything in vided you can obtain the desired results. that respect, or adds but little, if anything; and certainly this Mr. MANN. Will the gentleman yield me a few minutes? does not carry expense. That is, for the Committee on Accounts. Mr. HENRY of Texas. How many? I have only five mi.n- Mr. MANN. The gentleman says this does not carry expense. utes, but r will yield the gentleman three. This does carry expense. That is the purpose of the resolution. l\Ir. l\IANN. We will give you more time if necessary. l\fr. HENRY of Texas. Will the gentleman yield? Mr. HENRY of Texas. .All right; I have no objection. Mr. GARRETT. Certainly. l\ir. 1\IANN. Mr. Speaker, I would like to ask the gentleman l\fr. HENRY of Texas. It seems to me that the additional whether, in his opinion, this authorizes the appointment of va- power, in the way it is put in connection with other clauses of rious subcommittees or only one subcommittee to carry on inves- the resolution, authorizing the committee to compel the attend tigations at the same time? How many subcommittees can be ance of witnesses and the production of books, documents, and created under this resolution? Can each of the subcommittees so forth, is a power which, I think, they would not have unless of the District of Columbia now start out on an independent this resolution is passed. investigation at Government expense, doing what they please, l\Ir. MANN. Very likely. I hope the gentleman will under- under this resolution? stand that I am not finding fault with this resolution or endeav- 1\Ir. HENRY of Texas. Does the gentleman desire me to oring to criticize this resolution, but just to suggest to gentle- answer? men that when these resolutions are introduced, as they will be Mr. MANN. If the gentleman will, in the gentleman's many times before this Congress expires-resolutions designed opinion. sometimes to do very effective work and sometimes to give very Mr. HENRY of Texas. I believe a fair construction of it pleasant trips-they will have to be careful, because they do not would permit the committee to organize several subcommittees advertise the trips on the face of the resolutions. Of course, I l\fr. MANN. ~'hat is the way it seemed to me. Now, I have do not think this resolution, under the leadership of the gentle no objection to the passage of this resolution, but I would like man from Kentucky [Mr. JOHNSON] and the gentleman from to suggest to gentlemen on that side of the House, if they keep Pennsylvania [Mr. MooRE] will be wrongfully used. on with resolutions like this tbey will soon involve themselves l\Ir. JOHNSON of Kentucky. Will the gentleman yield for a into considerable difficulty. Here is a proposition now to give question? to a committee considering a purely legislative proposition Mr. MANN. Certainly. pow.ex to send for witnesses .at the Government's e~pense wher- Mr. JOHNSON of Kentucky. r would like to call the atten- ever they may ple~se and brmg ~em here to be pa~d out of ~e tion of the gentleman and other Members of the House to this Treasury. I presided for a while over a committee of th1~ proposition, that if with my vote or my consent this committee (172~ CONGRESSIONAL RECORD=:-:--HOUSE. JUNE 6, ever goes out of the District of Columbia, for any pm-pose, I will Mr. HENRY of Te.x:as. I will do that, not waiving the point "!1esign my seat in Mr. MANN. Reserving the right to object, I suggest to the they would be offered, except in one case. The Cb.air did not gentleman that the proper method is to ask unanimous con mean to say that the Speaker had said the gentleman from sent for the present consideration of the resolution and the Kentucky was not to be recognized. The Chair recognized the report. gentleman from Kentucky. Mr. HJlli.'!\ffi,Y of Texas. I do not object to that. I have been Mr. MANN. Mr. Speaker, I thought the gentleman from Ken endeavoring to avoid discussion of this point of order. tucky possibly did not remember that several of these reso The SPEAKER pro tempore. Will the gentleman permit the lutions had been introduced and referred to the Committee on Chair to suggest that this is an original resolution, with an Printing and reported back from the Committee on Printing, amendment to it in the nature of a substitute reported by the which is the proper way, although I shall not object to this Committee on Rules? resolution. Mr. HENRY of Texas. And I ask that the substitute and the The SPEAKER pro tempore. Is there objection? report be considered by the House. · There was no objection. The SPEAKER pro tempore. The gentleman from Texas The SPEAKER pro t~mpore. The question is on agreeing asks unanimous consent that the substitute reported by the to the resolution. · Committee on Rules for the original resolution, together with The resolution was agreed to. the report, be considered by the House. Is there objection? LEAVE OF .ABSENCE. Mr. MANN. Mr. Speaker, I see no way to consider the sub By unanimous consent, leave of absence was granted- stitute without havin~ before the House the original resolution, To Mr. McCOY, for one week, on account of important busi because the substitute is an amendment to the original resolu ness. tion.' I again suggest to the gentleman that his request be for To Mr. LLOYD, for fou~ days, on account of important busi the present consideration of the resolution and the report. ness. That waives the point of order. To Mr. MOON of Tennessee for one or two weeks. Mr. HEl\TRY of Te:xas. Well, I will ·put it that way, Mr. iSpealrer, although I am willing to discuss the point of order, ADJOURNMENT. and I think I can sustain my position. Then, on motion of Mr. UNDERWOOD (at 4 o'clock and 48 Tlle SPEAKER pro tempore. The gentleman from Texas minutes p. m.), the House adjourned until Wednesday, June 7, modifies his request and asks unanimous consent that the re~o 1911, at 12 o'clock m. lution and report be considered by the House. Is there objec tion? [After a pause.] The Chair hears none. The question is now on agreeing to the substitute and report. EXECUTIVE COMMUNICA'.rIONS, ETC. Mr. HENRY of Texas. Mr. Speaker, before that question is Under clause 2 of Rule XXIV, executive communications were put, I ask unanimous consent that the substitute be amended taken.from the Speaker's table and referred as follows: by striking out the word " House " in the first line, being a A letter from the Secretary of War, transmitting, in response typographical error. to House· resolution 133, information in regard to contracts for The SPEAKER pro tempore. The gentle.rp.an from Texas Army shoes for the fiscal years 1901 to 1911, inclusive (H. Doc. asks unanimous consent that the substitute be amended by No. 66); to the Committee on Expenditures in the War Depart striking out the word " House " in the first line. Is there ment and ordered to be printed. objection? A letter from the Secretary of War, transmitting, in response There was no objection .. to House resolution 152, informat.ion in reg::i.rd to contracts for The SPEAKER pro tempore. The question now is on agree- Army shoes .for the fiscal years 19-01to1911, inclusive (H. Doc. mg to the substitute. I No. 65); to the Committee on ExpendituTes in the War Depart The question was taken, and the eub3titute was a~eed to. ment and ordend to be printed. The SPEAKER pro tempore. The question is on agreeing to the resolution as amended by the substitute. The resolution as amended was agreed to. REPORTS OF COMMITTEES ON PUBLIC B:!J.LS AND On motion of Mr. HENBY of Texas, a motion to reconsider RESOLUTIONS. the last vote was laid on the table. Under clause 2 of Rule XIII, COMMITTEE ON EXPENDITURES IN THE W AB DEPARTMENT. Mr. PADGETT, from the Committee on Naval Affairs, to which was referred the bill of the Senate (S. 2004) to amend Mr. HELM. Mr. Speaker, I ask unanimous consent for the section 1505 of the Revised Statutes of the United States pro present consideration of the resolution which I send to the 'viding for the suspension from promotion of officers of the Clerk's desk and ask to have read. (H. Res. 195.) Navy it not professionally qualified, reported the same without The Clerk read as follows : amendment, accompanied by a report (No. 43), which said bill Be it resolved, etc. That the Committee on Expenditures in the War Department be, and it is hereby, authorized to have such printing and and report were referred to the House Calendar. binding done for the use of the committee as ls necessary for the con duct o:t its business during the Slrty-second Congress. The SPEAKER pro tempore. Is there objection? CHANGE OF REFERENCE. Mr. MANN. Mr. Speaker, reserving the right to object, I Under clause 2 of Rule XXIJ, eommittees were discharge(} would like to call the attention of the Chair and of the gentle from the consideration of the following bills, which were re man from Kentucky to what I think is the fa.ct, that the ferred as follows: Speaker of the House stated a few days ago that he would not A bill (H. R. 4307) granting a pension to James W. Smith; give recognition for unanimons consent on these resolutions Committee on Invalid Pensions discharged, and referred to the any more; that they would have to go to the Committee on Committee on Pensions. Printing. I think that was the statement made by the Speaker. A bill (H. R. 5819) granting an increase of pension to Ephraim The SPEAKER pro tempore. The Chair will state that the Romine ; Committee on Invalid Pensions discharged, and re present occupant of the chair is not aware of any agreement ferred to the Committee on Pensionil. by the Speaker to recognize anyone, except that the Speaker A bill (H. R. 5821) granting a pension to Nellie V. Cornelius; stated to him that there were several resolutions to be offered, Committee on Invalid Pensions discharged, and referred to the and he stated the name of only one gentleman who was to be Committee on Pensions. recognized. I presumed that the gentleman from Kentucky A bill (H. R. 9390) granting a pension to Michael Mclnery; bad secured the right to recognition. Committee on Invalid Pensions discharged, and referred to the Mr. MANN. I shall not object, although I call attention to Committee on Pensions. that fact. The Ohair can not now help himself, having given A bill (H. R. 10736) granting an increase of pension to Fred recognition. El Savage; Committee on Invalid Pensions discharged, and re Mr. HELM. Mr. Speaker, I desire to say that I was not ferred to the Committee on Pensions. aware of any such statement coming from the Speaker, and that I have understood that these several investigating committees that are having hearings ha-re been allowed to have their hear PUBLIC BILLS, RESOLUTIONS, AND MEMORIALS. lngs printed and such binding as is necessary done. Under clause 3 of Rule XX.II, bills, resolutions, and memo.. The SPEAKER pro tempore. If the gentleman from Ken rials were introduced and severa.lly referred as follows: tucky will indulge the Chair, the Chair did not say that the By Mr. HAMLIN: A bill (H. R. 11157) to amend section 291 Speaker of the House when he left did not include the gentle of the United States Statutes at Large, approved February 9, man from Kentucky among those to be recognized. He said 1793; to the Committee on Expenditures in the State Depart there were several resolutions, without designating by whom ment. 11726 CONGRESSIONAL RECORD-HOUSE.: JUNE 6, By l\Ir. DODDS: A bill (H. R. 11158) for the survey of the specifications for public buildings, etc. ; also to repeal section harbor and waterway at Elk Rapids, Mich. ; to the Committee 34 of chapter 383 of 36 Statutes at Large (p. 699), being an on Rivers and Harbors. act giving to the Secretary of the Treasury power to employ By :Mr. BUCHANA.i.~: A bill (H. R. 11159) to amend section outside architects, etc. ; to the Committee on Public Buildings 4612 of the Revised Statutes of the United States; to the Com and Grounds. · mittee on Interstate and Foreign Commerce. ~Y Mr. ·:BOEHNE: A bill (H. R. 11180) for the relief of cer By Mr. l\IILLER : A bill {H. R. 11160) providing for the tain officers and enlisted men of the volunteer and militia forces payment of the expenses of a delegation of Indians from White who served during the Civil War; to the Committee on Military Earth, Minn., attending first session of Sixty-second Congress; Affairs. to the Committee on Indian Affairs. By Mr. LEWIS: A bill {H. R. 11181) to amend an act en By l\Ir. LINTHICUM: A bill (H. R. 11161) authorizing the titled "An act to provide for refunding taxes paid upon legacies purchase of 15 paintings; to the Committee on the Library. . and bequests for uses of a religious, charitable, or educational Also, a bill (H. R. 11162) requiring the branding of hermetic character, for_ the encouragement of art, etc., under the act of ally sealed oyster cans with the net weight of the oyster m(>at June 13, 1898,. and for other purposes," approved June 27, contained therein, and other provisions relating thereto; to the 1902; to th·e Committee on Ways and .Means. Committee on Interstate and Foreign Commerce. By Mr. RUCKER of Colorado: A bill (H. R. 11182) provid . By Mr. HOBSON: A bill (H. R. 11163) to .reduce the rates ing for the abolishment of the military post of Fort D. A. Rus of customs duties imposed upon imports into the United States; sell, Wyo. ; to the Committee on Military Affairs. to the Committee on Ways and Means. · By Mr. ROBINSON: Resolution {H. Res. 192) declaring the By Mr. DANIEL A. DRISCOLL: A bill (H. R. 11164) to income-tax amendment to the Federal Constitution duly ratified amend an act entitled "An act to prevent cruelty to animals by the Legislature of Arkansas, notwithstanding the attempted while in transit, by railroad or other means of transportation, veto by the goyernor of said State; to the Committee on the from one State or Territory or the District of Columbia into or Judiciary. through another State or Territory or the District of Columbia, By :Mr. CLAYTON: Resolution (H. Res. 193) directing the and repealing sections 4386, 4387, 4388, 4389, and 4390 of the Attorney General to furnish information regarding criminal United States Revised Statutes; to the Committee on Inter- prosecutions against the American Tobacco Co. ; to the Com . state and Foreign Commerce. mittee on the Judiciary. By Mr. JOHNSON of Kentucky (by request of the Commis Also, resolution (H. Res. 194) directing the Attorney General sioners of the District of Columbia) : A bill (H. R. 11165) to to furnish certain information regarding prosecutions against authorize certain changes in the plan for the permanent system the Standard Oil Co. of New Jersey; to- the Committee on the of highways for that portion of the District of Columbia lying Judiciary. west of Fourteenth Street, south of Taylor Street, east of Rock By Mr. TAYLOR of Colorado: Joint resolution (H. J. Res. Creek Park, and north of Newton Street NW.; to the Committee 113) providing for additional lands for Colorado under the pro on the District of Columbia. · visions of the Carey Act; to the Committee on the Public Lands. By Mr. NORRIS: A bill (H. R. 11166) relating to the entry By Mr. LAMB: Joint resolution (H. J. Res. 114) to amend and disposition of certain lands in the State of Nebraska; to an act entitled "An act to enable any State to cooperate with the Committee on the Public Lands. any other State or States, or with the United States, for the Also, a bill {H. R. 11167) regulating the entry and disposition protection of the watersheds of navigable streams, and to ap of certain public lands in the State of Nebraska; to the Commit point a commission for the acquisition of lands for the purpose t~ on the Public Lands. of conserving the navigability of navigable rivers," approved By Mr. FRENCH: A bill (H. R. 11168) extending to the March 1, 1911; to the Committee on Agriculture. members of the Forsyth Scouts the provisions of the pension By Mr. TAYLOR of Colorado: Memorial of the Legislature of acts of June 27, 1890, and February 6, 1907; to the Committee Colorado, asking for a mining experiment station to be estab on Pensions. · lished at Silverton, Colo. ; to the Committee on Mines and By Mr. CRAGO: A bill (H. R. 11169) granting pensions to Mining. widows and minor children of deceased soldiers and sailors of the War with Spain and the Philippine insurrection; to the Committee on Pensions. PRIVATE BILLS AND RESOLUTIONS. Also, a bill (H. R. 11170) for the erection of an equestrian Under clause 1 of. Rule XXII, private bills and resolutiom statue of Col. William Crawford; to the Committee on the were introduced and severally referred as follows: Library. By l\Ir. ALEXANDER: A bill (H. R. 11183) granting an in By l\fr. EDWARDS: A bill (H. R. 11171) to promote the effi crease of pension to Landon Schwyhart; to the Committee on ciency of the Public Health and Marine-Hospital Service; to Invalid Pensions. · the Committee on Interstate and Foreign Commerce. Also, a bill ( H. R. 11184) granting an increase of pension to By Mr. HUMPHREY of Washington: A bill (H. R. 11172) to John McClain; to the Committee on Invalid Pensions. extend the time for the completion of the Alaska Northern Rail By Mr. ANDERSON of Ohio: A bill (H. R. 11185) granting way, and for other purposes; to the Committee orr the Terri an increase of pension to Henry Hunsinger; to the Committee tories. on Invalid Pensions. Also, a bill (H. R. 11173) to authorize the city of Everett, Wash., to purchase certain lands for the securing, establishment, Also, a bill '(H. R. 11186) granting an increase of pension to maintenance, and protection of a source of water supply for said William H. Benner; to the Committee on Invalid Pensions. city; to the Committee on the Public Lands. By M:r. ASHBROOK: A bill {H. R. 111;,87) granting an in By Mr. WILSON of Pennsylvania: A bill (H. R. 11174) to crease of pension to Martin Y. B. Garrison; to the Committee on amend section 5278 of the Revised Statutes of the United States; In valid Pensions. to the Committee on the Judiciary. By l\fr. AYRES: A bill (H. R. 11188) for the relief of Eliza Also, a bill (H. R. 11175) to provide employment in the De beth Riley ; to the Committee on Claims. partment of Commerce and Labor for persons 65 years of age By Mr. BARNHART: A bill (H. R. 11189) granting an in or upward, prescribe the duties and fix the pay of same, and crease of pension to Charles T. Chandonia; to the Committee .for other purposes; to the Committee on Interstate and Foreign on Invalid Pensions. Commerce. . By l\Ir. BLACKMON: A bill (H. R. 11190) for the relief of By Mr. BOEHNE: A bill (H. R. 11176) to prevent the in George P. Plowman ; to the Committee on War Claims. tlmidation, coercion, or undue influence of a Member of Congress Also, a bill ( H. R. 11191) for the relief of the heirs of Philip in the performance of his official duties; to the Committee on S. Fulford, deceased; to the Committee on War Claims. the Judiciary. Also, a bill ( H. R. ll192) for the relief of the heirs of Lewis Also-, a bill (H. R. 11177) to prevent the intimidation, co E. Parsons, deceased; to the Committee on War Claims. ercion, ~r undue influence of employees of individuals, firms, Also, a bill ( H. R. 11193) granting an increase of pension to associations, copartnerships, or corporations during political Linda S. Anderson ; to the Committee on Pensions. campaign11 w at elections; to the Committee on Election of By Mr. BOEHNE: A bill (H. R. 11194) for the relief of Abel President, 'Vke President, and Representatives in Congress. J. Mosby; to the Committee on War Claims. By Mr. RUCKER of Colorado: A bill (H. R. 11178) providing By Mr. BRADLEY: A bill (H. R. 11195) granting an increase for the cession of certain land to the State of Colorado; to the of pension to John Gray; to the Committee on Invalid Pensions. Committee on the Public Lands. Also, a bill ( H. R. 11196) granting an increase of pension to By l\Ir. COX of Indiana: A bill (H. R. 11179) to repeal an Joseph Taylor; to the Committee qn Invalid Pensions. act passed F\~bruary 20, 1893 (27 Stat. L;; p. 468), being a bill Also, a bill (H. R. 11197) granting an increase of pension to authorizing the Secretary of tl;ie Treasury to obtain plans and Stephen Lanning; to the Committee on Invalid. Pensions. 1911. CONGRESSIONAL RECORD-ROUSE. 1727 By Mr. BURKE of Wxsconsin: A. bill (R. R. ll198) granting Also, a bill (H. R. 11238) granting a pension to J<>hn A. an increase of pension ro Joel L. Cndworth; to the Committee Cochran; to the Committee {)n Invalid Pensions. on Invalid :Pensions. Also, a bill (H. R. 11239) granting a pension to Pabick F~ By Mr. CAMPBELL: A bill (H.. R. 11190) for the relief of Flaherty; to the- Committee· on Invalid Pensions. John F. Barkley; to the Committee on Military Affairs-. Also, a bill (H. R. 11240) granting a pension to James Keef; Also, a bill (H. R. ll2.00) for the: relief of Martin N. Wren; te tbe- Committee- ~n Invalid Pensions. to the Committee on Claims. Also, a bill (H. R. 11241) granting a pension to IDram N. Also, a hill (H. R ll201) granting an increa.se of pension to Henry; to the Committee on Invalid Pensions. John W. Fann; to the- Committee on Invalid Pensions. Also., a bill (H. R. 11242) granting a pensio-n to- Henry F. By Mr. CARY: A bill (H. R. ll202) for the relief of Timothy Watkins ; to the Committee on Pensions. · Donnhoe; to, the Committee on Na vru Affairs. Also, a bill (H. R. 11243) granting a pension fo Dennis P. Also, a bill (H. R. 11203) for the relief of John Murray; to Mosely, to the Committee- on Pensions. the Committee on Naval Affairs. Also, a bill (H. R. 11244) granting an increase-of pension to Also, a bill (H. R.. ll204) granting a pension to Frank Tib Emory B. l\Iartin; to the Committee on Invalid Pensions-. hles ; to the Committee cm Pensions. Also, a bm (H. R. 11245) granting an inerease of pension to Also, a bill (H. R 11205) granting- a pension to James H. Francis M. Hill; to the Committee on Invalid Pensions-. Henderson; to the Comm\ttee on Pensions. Also-, a_bill (H. R. 11246} granting an increase of pension to ru:i 1 Also, a bill (H. R. 11206) granting increase of :pension to M. Carlton; to the Committee on Inyalid Pensions. Lonis Sanders; to the Committee- on Inl'."alid Pensions.. Also, a bill {H. R. 11247) granting an increase of pension- to Also, a bill (H. R. 11207) grunting an increase of pension to David Castoe; to the Committee en Invalid Pemi-ons-. Lloyd D. Pocock; to the Committee on Invalid PeD.sions. Also, a bill (H. R. 11248) granting an increase of pension to Also, a bill (H. R. 11208) granting an increase of pension to W e-siey Roberts; to the Committee on Invalid Pensions. · James Lee; to the Committee &n Invalid Pensions. Also, a bill (H. R. ll249) granting an increase of pension to Also, a bill (H. R. 11209') granting an increase of pension to Isaac R. Fain; to the Committee on. Invalid Pensions. J"osepb :M. Lyon; to. the Committee on Invalid Pensions. Also, a bill (H. R. 11250) to correct the military record oi Also, a bill (H. R. 11210) granting an increase- of pension to James Fanning; to the Committee on Military Affairs. Lester L. Carr; t<> the Committee on Invalid Pensions. By Mr. FOSTER of Illinois: A bill (H. R. 11251} granting an By Mr. CLAYTON: A bill (H. R. 11211) granting a pension - increase of pension tcr Samuel G. Trenary; to the Committee on to Alexandel"' Fraze-r; to the Committee on Pensio-ru;, Invalid Pensions. Also, a bill (ll. R. 11212) granting a pension to Sarah F. Also, a bill (H~ R. 11252) granting an increase. of pension_ to Kendrick; to the Committee on Pensions. Bradford R. Gilbert; to the Committee on Invalid Pensions. Also, a bill (H. 11213) for the relief: of Dr. J .. W. Stokes; n. By Mr~ FULLER: A. bill (H. R. 11253) granting an. increase to the Committee ~n War Claims. of pension to Caroline Daley; to the Committee on Invalid By Mr. COX of Indiana: A bill (H. R. 11214) granting an Pensions. inerea~ of pension to George D. .Allhands; to the Cgmmittee vn Invalid Pensions. Also, a bill (H. R~ 11254) granting an increase ot pension to Also, a bill (H. R. 11215) granting an increase- of pension to Abner J. Welch~ to the Committee on Invalid: Pensk>ns. a bill (H. 11255) granting an of •Levi H. Brown ~ t<> the Committee on Invalid Pensions.. Also,. R.. increase pension to By l\fr. CRAGO: A b-ill (H. R. 11216) granting an increase Gilbert W. Ostrom; to the Committee on Invalid Pensions. of pension to John H. Smith; t& the Committee on Invalid By Mr. GEORGE: A bill (H. Il. 11256) granting an increase Pensions-. of pension to Alphonsn M. Baugh; to the Committee- on Invilid 1 Also a bill ( H. R 11217) granting an increase of pension to Pensions. John S. Berry ; to the Committee on Invalid Pensions. By Mr. GILLETT: A bill (H. R 11257) authorizing the Also, a bill (H. R. 11218) granting an increase ot pension to quitclaiming of the interest of the United Sta.tea in ce-rta.in Alfred Inks; to the Committee on Invalid PensiOBS. land situated in. Hampden County, M_a_ss.; to the Committee on Also, a bill (H. R. 11219) granting an increase of pension to Military Affairs. · James L. Pugh; to the Committee on Invalid Pensions. By Mr. GOEKE: .A bill (H. R.11258) for the relief of George .Also, a bill (H. R. 11220) granting a pension to David For R. Gary; to the Committee on. Military Affairs. sythe ; to the Committee- on Pensions. By Mr. GRAY: A bill (H. R 11259) granting a pension to Also, a bill (H. Rr 11221) granting a :pension to Charles J. Alice B. Sherrod ; to the Commi:ttee on Invalid Pensions. Rosenecker ; to the Committee on Pensions. Also, a bill {H. R. 11260) granting a pension to Betsy Breece; Also, a bill (H. R. 11222) for the relief of Otho Dan:; to the to the Committee on Invalid Pensions. Committee on Military Affairs.. Also, a bill (H. R.. ll261} granting an increase tlf pension to By Mr. DICKINSON: A bill (H. R.- ll223) granting an in· Amos Huddleston; to the Committee on Invalid Pensio-ns. crease of pension to Charles Mcintyre; to the Committee on By Mc GREGG of Te-.x:as: A bill (H. n. 11262) for the relief In-valid Pensions. ot the: legal representatives of William W. Browning, deceased; Also-, a bill (H. R. 11224) granting an increase of pension to to the Committee on War Claims. ()hristo-pher 1\1. Shaw; to the Committee on Invalid Pensions. Also. a bill (IL R. ll263} for- the relief: ot the legal repre By Mr. DOUGHTON: A bill (H. R. 11225) granting a pension sentatives of John W. Lockhart, decen.sed; to. the Committee to Nathan H. Williams; to the Committee on Pensions. on War Claims. Also, a bill (H. R. 11226) granting a pension to Julius Dagen By lli. HAl\fILTON of West Virginia~ A bill (KR. 11264) hart; to the Committee on Invalid'. Pensions. granting an increase of pension to Randall Ingram; to the Com· Also, a bill (H. ri. 11227) granting a riension to George W. mittee on Invalid Pensions. Rowell; to the Committee on Invalid Pensions. By Mr. HAYES:: A bill {H. R. 11265) for the relief ot Clyde Also, a bill (H. R. 11228) granting a pension. to Myrtle S. C. Westover, executor of John W. Westover,. deceased; to the Bryan; to the Committee on Invalid Pensions. Committee on War Claims. Also, a bill (H. . R. llm) granting nn increase of pension to By lli~ HINDS: A bill (H. Il. 11266} for tlle relief of Wil Charles S. Houck; to the Committee on Invalid Pensi-ons. liam H. Atkins ; to the Committee on Naval Affairs. Also, a bill (H. R. 11230) for the relief of N. H. Waugh; to Also, a bill (H R. 11267) granting an mcrease of pension to the Committee on War Claims. John Lakin; to the Committee on Invalid Pensions_ Also, a bill (H. R 11231) to correct the military record of Also, a bill (H. R. 11268) granting a pension to James Abraham C. Bryan ; to the Committee on Military Affairs-. Welch; to the Committee on Invalid Pensions. By Mr. DYER: A bill (H. R. 11232) granting an increase of By Mrr HUMPHREY of Washington: A bill (H. R. 11269) pension to Go4frey Ferber; to the Committee on Invalid Pen granting a pension to David L. McStott; to the Committee. on sions. Pensions. · By Mr. EDWARDS: A bill (H. R. 11233} for the relief of Also" a bill {H. R. 11270) granting a pension to. John Daley; Elizabeth T. Belt; to the Committee on War Claims. to the Committee on Pensions. Also, a bill (H. R. 11234) for the- relief of Anna C. Davant; Also, a bill {H. R. 11271) granting an increase of pension to to the Committee o-n War ClaimS'. John W. Conners; to the Committee on Pensions. Also, a bill (H. R. 11235) fo:r the relief of the he-irs at law of Also, a bill (H. R. 11272) granting an -increase of pension to Samuel White; to the Committee on War Claims. -:Michael Denigan ; to the Committee on Pensions. Also, a bill (H. R. 11286) granting an increase of pension to By Mr. KAHN: A bill (H. R. 11273) for the relief of- CaJ}t Jennie Townsend; to the Committee on Invalid Pensions. N. F. McClure, United States Army; to the Committee on Claims.. By Mr. FLOYD of Arkansas: A bill (H. R. 11237) · fo:r the re By Mr. LINTHICUM: A bill (H. R.11274} granting a pension lief of Absalom 0. Phillips; to the Committee on War Claims. to William Bieber; to the Committee on Invalid Pensions. r1128 CONGRESSIONAL RECORD-.HOUSE. JuN°E · 6, .Also, a bill (H. R. 11275) granting a pension to Peter H. Also, a bill. (H, R. 11310) granting an increase of pension to Strumsk.y; to the Committee on Pensions. F. T. Brightman; to the Committee on Invalid Pensions. . By l\fr. McGUIRE of Oklahoma: A bill (H. R. 11276) grant Also, a bill (H. R. 11311) granting an increase of pension to ing llil increase of pension to George Wageck; to the Committee Charles H. Belden; to the Committee on Invalid Pensions. on Pensions. Also, a bill (H. R. 11312) granting an increase of pension to Also, a bill (H. R. 11277) granting an increase of pension to Olive Leach; to the Committee on Invalid Pensions. - William Gibson; to the Committee on Invalid Pensions. .Also, a bill (H. R. 11313) granting an increase of pension to By Mr. McKINLEY: A bill. (H. R. 11278) granting an in Mary Denny; to the Committee on Invalid Pensions. crease of pension to James Bowley; to the Committee on Invalid Also, a bill ( H. R. 11314) granting an increase of pension to Pensions. Sarah J. Rogers; to the Committee on Invalid Pensions. By Mr. MOON of Tennessee: A bill (H. R. 11279) granting Also, a bill (H. R. 11315) granting an increase of pension to an increase of pension to Daniel W. Bressler; to the Committee Frederick Borden; to the Committee on Invalid Pensions. on Invalid Pensions. Also, a bill (H. R. 11316) granting an increase of pension to By Mr. MORSE of Wisconsin: A bill (H. R. 11280) granting Maria L. Greene; to the Committee on Invalid Pensions. a pension to Theodore W. Swan ; to the Committee on Pensions. By Mr. WILLIS: A bill (H. R. 11317) for the relief of F. D. By l\fr. KORRIS: A bill (H. R. 11281) granting an increase Bain; to the Committee on Claims. of pension to Allen Godard; to the Committee on Invalid Pen Also, a bill (H. R. 11318) granting an increase of pension to sions. Andrew J. Surface; to the Committee on Invalid Pensions. By Mr. O'SHAUNESSY: A bill (H. R. 11282) granting an By -Mr. WOOD of New Jersey: A bill (H. R. 11319)° to cor. increase of pension to John T. Newcomb; to the Committee on rect the military record of John J. Flynn; to the Committee Invalid Pensions. on Military Affairs. Also, a. bill (H. R. 11283) granting an increase of pension to Susan Howarth; to the Committee on Invalid Pensions. By Mr. PALMER: A bill (H. R. 11284) granting an increase PETITIONS, ETC. of pension to Benjamin F. Gerhard; to the Committee on Inva Under clause 1 of Rule XXII, petitions and papers were laid lid Pensions. on the Clerk's desk and referred as follows: By Mr. PEPPER: A bill (H. R. 11285) granting an increase By Mr. ALEXANDER: Papers to accompany bill in favor. of of pension to William Ernst; to ·the Committee on Invalid Landon Schwyhart; to the Committee on Invalid Pensions. Pensions. · Also, papers to accompany bill in favor of John McClain; to Also, a bill (H. R. 11286) granting a pension to Adaline the Committee on Invalid Pensions. Fowle; to the Committee on Invalid Pensions. By Mr. ALLEN: Petition of the Eastman, Verkamp, Murphy By Mr. POST: A bill (H. R. 11287) granting all increase of Co. and other Cincinnati merchants, praying for the reduction pension to Vincent H. Gaskill; to the Committee on Invalid Pen in duty on raw and refined sugars; to the Committee on Ways sions. and Means. · .Also, a bill (H. R. 11288) granting an increase of pension to Also, resolutions of· Ohio Valley Druggists' Association, sug Jonathan Bigelow; to the Committee on Invalid Pensions. gesting that if Sherman Antitrust Act is amended, legislation Also, a bill (H. R. 11289) granting an increase of pension to may not be used to crush smaller merchants and trades people; E.W. Welsheimer; to the Committee oil Invalid Pensions. to the Committee on Interstate and Foreign Commerce. . Also, a bill (H. R. 11290) granting an increase of pension to Also, · resolutions of Cincinnati and Cleveland (Ohio) Cham Samuel B. Dump; to the Committee on Invalid Pensions. · bers of Commerce, requesting Congress to amend section 30, . Also, a bill (H. R. 11291) granting an increase of pension to act of Congress, August 5, 1900, by permitting corporations to Matthew F. Stuckey; to the Committee on Invalid Pensions. file report for purpose of taxation as of close of fiscal year; to .Also, a bill (H. R. 11292) granting an increase of pension to the Committee on Ways and Means. Sarah Bray ; to the Committee on Invalid Pensions. Also, resolutions of the Ohio State Division of the Travelers' Also, a bill (H. R. 11293) granting an increase of pension to Protectiv·e Association, requesting repeal of bankrupt law; Theodore Garner ; to the Committee on Invalid Pensions. also protesting against passage of parcels-post bill; to the Com Also, a bill ( H. R. 11294) granting an increase of pension to mittee on the Post Office and Post· Roads. Ephriam W. Johnson; to the Committee on Invalid Pensions. By Mr. ANSBERRY: Resolutions of the Cleveland Chamber By Mr. REILLY: A bill (H. R. 11295) granting an increase of Commerce, urging the amendment of the corporation-tax law of pension to John R. Burdick; to the Committee on Invalid to permit each corporation to make its return at the close of Pensions. its fiscal year; to the Committee on the Judiciary. By Mr. RUCKER of Colorado: A bill (H. R. 11296) gra:nting Also, petitions of C. W. Miller and others, of Convoy, Ohio, a pension to Mary M. Steinback; to the Committee on Invalid in favor of a reduction in the duty on raw and refined sugars; Pensions. to the Committee on Ways and Means. By Mr. RUSSELL: A bill (H. R. 11297) granting an increase By Mr. ASH.BROOK: Resolutions adopted by the Cleveland of pension to Louis Ackerman; to the Committee on Invalid (Ohio) Chamber of Commerce, urging an amendment to the Pensions. corporation-tax law; to the Committee on Ways and Means; .Also, a bill ( H. R. 11298) granting an increase of pension to By Mr. AYRES : Resolution of Cleveland Chamber of Com Jesse W. Kennedy; to the Committee on Invalid Pensions. merce, as to reports under corporation-tax law; to the Com By Mr. SLEMP: A bill (H. R. 11299) granting an increase of mittee on the Judiciary. pension to Wallace J. Harber; to the Committee on Invalid By Mr. BLACKMON: Petition and affidavit to accompany Pensions. bill introduced by Mr. :BLACKMON; to the Committee on Also, a bill ( H. R. 11300) granting an increase of pension to Pensions. Henry Merida ; to the Committee on Invalid Pensions. Also, petition and affidavit in the matter of the heirs of .Also, a bill (H. R. 11301) granting an increase of pension to Philip S. Fulford, deceased; to the Committee on War Claims. Daniel Bice; to the Committee on Invalid Pensions. By Mr. BURKE of Wisconsin: Papers accompanying House .Also, a bill ( H. R. i1302) granting an increase of pension to bill 7621, granting an increase of pension to John J. Dillon; Julia C. Barstow; to the Committee on Invalid Pensions. to the Committee on Invalid .Pensions. - . By ·Mr. STEPHENS of Texas: A bill (H. R. 11303) for the .Also, papers accompanying bill granting an increase of pen relief of Eliza Choteau Roscamp; to the Committee on Indian sion to Joel L. Cudworth; to the Committee on Invalid Pensions. Affairs. By Mr. CARY: Communication from the Milwaukee Phar By Mr. SELLS: A bill (II. R. 11304) granting a pension to maceutical Association, protesting against House bill 8887, pro Andy (). Shipley; to the Committee on Invalid Pensions. viding for a tax on proprietary medicines; to the Committee on Also, a bill ( H. R. 11305) granting an increase of pension to Ways and Means. · Jacob N. Stout; to the Committee on Invalid Pensions. By Mr. COX of Indiana: Petition of sundry citizens of Cory By Mr. TALCOTT of New York: A bill (H. R. 11306) grant don~ Ind., protesting against the parcels post; to the Committee ing a pension to James Sullivan; to the Committee on Pen on the Post Office and Post Roads. sions. By Mr. COX of Ohio: Petition of Chamber of Commerce of By Mr. UTTER: A bill (H. R. 11307) granting a pension to Hamilton, Ohio, protesting against the. establishment of a Sarah W. Wilcox; to the Committee on Pensions. ·parcels post; to the Committee on the Post Office and Post; Also, a bill (H. R. 11308) granting an increase of pension to Roads. Bernard Gough; to the Committee on Invalid Pensions. By Mr. DYER: Papers to accompany bill granting an increase Also, a bill (H. R. 11309) granting an increase of pension to of pension to Go.dfrey Ferber; to the 0ommittee on Invalid John N. Preston; to the Committee on Invalid Pensions. Pensions. 1911. CONGRESSIONAL RECORD-HOUSE. l729· Also, papers to accompany bill (II. R. 3570} granting a pen- amendment of the corporation-tax law; to the Committee on sion to Freda Burow; to the Committee on Pensions. the Judiciary. By Mr. ESCH: Petition of Cleveland Chamber of Commerce, By Mr. HEALD : Petition from members of the Society of urging the amendment of the corporation-tax law to permit Friends of Wilmington, Del., advocating legislation prohibiting each corporation to make its return at the close of its fiscal interstate traffic in liquor; to the Committee on Interstate and year; to the Committee on Ways and Means. . Foreign Commerce. By l\Ir. FLOYD of Arkansas: Petitions of citizens of Arkan- By Mr. HI:NDS: :Memorial of Fabiola Chagnon and 300 other. sas, asking for the reduction of the duties on raw and refined citizens of Biddeford, l\fe., praying for legislation for the estab sugars; to the Committee on Ways and Means. lishment of a national bureau of health; to the Committee on Also, papers to accompany bill for the relief of Dennis P. Interstate and Foreign Commerce. Mosely; to the Committee on Pensions. By Mr. HOWELL: Petition signed by the Utah Pharmaceuti- Also, papers to accompany bills for the relief of Emory B. cal Association, Salt Lake City; Retail Druggists' Association; l\fartiu and Francis M. Hill; to the Committee on Invalid E. C. Schramm; and B. F. Riter, all of Utah, protesting against Pensions. the passage of House bill 8887; to the Committee on Ways and Also, papers to accompany House bill 9589, for the relief of Means. Joe O. Heffley; to the Committee on Military Affairs. Also, petition signed by the Wasatch Canning Co. and other Also, petitions of citizens of Boone County, Ark., asking for firms and individuals of Utah, favoring a reduction of the duty a reduction of the duties on raw and refined sugars; to the on raw and refined sugars; to the Committee on Ways and Means. Committee on Ways and l\Ieans. Also, resolution from Dan B. Colton and citizens of Vernal, By Mr. FOCHT: Papers to accompany House bill 11072, for Utah, favoring the proposed arbitration treaty between the the relief of James B. C. Shaffer; to the Committee on Invalid United States and Great Britain; to the Committee on Foreign Pensions. Affairs. By Mr. FRENCH: Resolution of Pocatello Lodge, No. 198, Also, memorial from the Go"Vernor and Legislature of the State International Association of Machinis,ts, of Pocatello, Idaho, of Utah, petitioning Congress to make certain improvements in favoring Berger resolution in McNamara case; to the Com- the Fort Douglas Military Reservation in Utah; to the Com- mittee on Labor. mittee on Military Affairs. Also, petitions of sundry citizens of Idaho, urging a reduc- By Mr. KAHN: Telegram from F. B. Taylor and six other tion in the duty on raw and refined sugars; to the Committee members of the executive committee California Pharmaceutical on Ways and Means. Association, protesting against House bill 8887; to the Com Also, resolution of Socialist Party of Pocatello, Idaho, favor- mittee on Ways and Means. ing Berger resolution in McNamara case; to the Committee on Also, petition of A. 1\1, J. Badasei and six other residents of Labor. San Francisco, Cal., asking for reduction in the duty on raw By Mr. FULLER: Papers to accompany bill for the relief of and refined sugars; to the Committee on Ways and Means. Caroline Daley; to the Committee on Invalid Pensions. Also, petition of J. B. Eldridge and 33 other citizens of Healds- Also, paper to accompany bill for the relief of Abner J. Welch; burg, Cal., protesting against Senate bill 237 (Johnston Sunday to the Committee on Invalid Pensions. bill) ; to the Committee on the District of Columbia. Also, papers to accompany a bill for the relief of Gilbert W. Also, petition of H. E. Chapman and 36 other citizens of Napa, Ostrom; to the Committee on Invalid Pensions. Cal., protesting against Senate bill 237 (Johnston Sunday bill) ; Also, petition of the Chicago Clearing House Association, to the Committee on the District of Columbia. concerning legislation regulating cold storage of food products; By Mr. LO BECK: Petition from 24 citizens of Omaha, Nebr., to the Committee on Interstate and Foreign Commerce. asking reduction in duty on sugar; to the Committee on Ways Also, petition of Rockford (Ill.) Manufacturers and Shippers' and Means. Association, in opposition to House bill 5970; to the Committee By Mr. MAGUIRE of Nebraska: Resolutions of Commercial on Reform in the Civil Service. Club of Omaha, Nebr., favoring change in time for returns to Also, petition of Charles P. Gant, of Streator, Ill., against be made on corporation-tax law; to the Committee on the House bill 8887, for a stamp tax on proprietary medicines, etc.; Judiciary. to the Committee on Ways and Means. Also, petition of residents of Hallam, Nebr., favoring a reduc- Also, petition of Niagara Alkali Co., concerning- duty on tion in duty on raw and refined sugars; to the Committee on causfic potash; to the Committee on Ways and Means. Ways and Means. Also, petition of the A. H. Andrews Co., of Chicago, protest- Also, petitions of citizens of Plattsmouth, Williams, and Hub- ing against resolution requiring the use of metal in place of bell, Nebr., asking for an investigation into legality of arrest wood in filing cabinets and office fixtures; to the Committee on -in McNamara case; to the Committee on Labor. Public Buildings and Grounds. By .Mr. MALEY: Petition of F. A. Walker and others, pray- Also, petition of Winnebago County Local, Socialist Party of ing for a reduction in the tariff on raw and refined sugars; to Rockford, Ill., favoring the Berger resolu.tion; to the Com- the Committee on Ways and Means. mittee on Rules. Also, petition of residents of Willsboro and Keenville, N. Y., Also, petition of Eugene McAuliffe, president of Brazil Block praying for a reduction in the tariff on raw and refined sugars; Coal Co., favoring House bill 5139, to create a national arbi- to the Committee on Ways and Means. tration tribunal; to the Committee on Labor. By Mr. GARDNER of Massachusetts. Resolutions adopted by By l\Ir. MOON of Tennessee: Papers to accompany bill grant- Plymouth and Bay Conference, Cohasset, Mass., favoring the ing an incre~se of pension. to Daniel W:· Bre ss~er, of Chatta adoption of the proposed arbitration treaty between the United nooga, Tenn.• to the ?°rnn:1i~tee on I~yahd Pensions. States and England; to the Committee on Foreign Affairs. • By M_~· OLMSTED .. Petitions of citizens ?f Lebanon Co~nty, Also, petition signed by Messrs. Bahn & Maloney and six Pa., askmg for reduction of duty on sugar, to the Comnnttee other firms of Amesbury, Mass., protesting against the enact- on Ways a~~ Means. . . . . ment of the proposed bill to place a revenue tax on proprietary Al8?, petitions of sundry citizens of Ha:risburg, Pa., favorrng medicines; to the Committee on Ways and l\feans. a na?onal bureau of health; to the Committee on Interstate and By Mr. HAMILTON of West Virginia: Petitions of sundry Foreign Commerce...... citizens of Gay, w. Va., urging a reduction in the duty on raw B.y l\Ir. P~Llf!l1R: Petitions of citizens of Weissport, Pa., and refined sugars; to the Committee on. Ways and :Means. urgmg reduct10n m the duty on raw and refined sugars; to the By Mr. HART:\fAN: Resolution of Local Camp No. 720, Pa- Committee on Ways and Means. triotic Order Sons of America, of Johnstown, Pa., urging upon By Mr. PLUMLEY: Petition from the Presbytery of Vermont, Congress the immediate enactment of the illiteracy test into for the passage of the Burkett-Siins bill, to forbid interstate law; to the Committee on Immigration and Naturalization. transmission of race-gambling odds and bets; to the Committee Also, petitions of Thomas W. Hughes and F. A. Devereaux:, on Interstate and Foreign Commerce. of Cresson, Pa.; Sherman Reese, Obadiah Reese, and J. B. Also, petition of Champlain Valley Grange, of Burlington, Vt., Farren, of Ebensburg, Pa., asking for reduction in duty on raw protesting against Canadian reciprocity agreement; to the and refined sugars; to the Committee on Ways and Means. Committee on Ways and Means. By Mr. HAYES: Letter of Waiters' Union, Local No. 30, of Also, petition of John 0. Spring, of Bellows Falls, Vt., prote~t- San Francisco, Cal., urging the passage of the Berger resolu- ing against Canadian reciprocity agreement; to the Committee tion in regard to the kid.Ila-ping of John McNamara; to the on Ways and Means. Committee on Labor. Also, resolutions of Graniteville Branch, No. 12, Qua rry Also, resolutions of the San Jose Chamber of Commerce, of Workers' International Union of North America, of Graniteville, San Jose, Cal., urging upon Congress the iinperative need of an Vt., fal'oring the resolution of inquiry in the McNamara mat- XLVII-109 fl730 CONGRESSIONAL RECORD-SENATE. JUNE 1, ter, fu:troti't1ced oy Representative BERoF.R ; · to~ tfi:e €Jommftte·e on He arso· presented' memorials of' sundry· citizens of' Liberal, Labor. , Kans., remenstrating agai'nst the passage of the- so-called Also; petition ef cftizens of Wilmfngton, Vt., requesting a re- Johnston· Sunday rest bill, wllich were ordereQ to· lie oil' the nctiun m. tfie duty on raw and' refined sugars; to the Commit- table. tee on Ways and :Mean . Mr. FLETCHER presented a memorial of the congregll:tion _By Mr. RAKER: Resolutions of the Los- Angeles Chamber of the Seventh-day Adventist Church of E-akela.nd; Fl ., and of Commere on tlie- Alaskan: coal mines, etc.;- to the Commit- :r memorial of the Seventlt-0.ay Adventist Church of Ocala, tee on tfie Public Lands. Fla., remonstrating against the enforced obsenance of Sunday By Mr: SLOAN: Re olution by Commercin.I Club of B'eatrice,. as a day of rest in the District of Columbia, which were or:. Nebr., indorsing the proposed. a:rbitration treaty between. Unfted dered' to Ile on the table. States and other nations; to. the Committee. on Foreign Af- Mr. OLIVER presented a memorial of Sundry druggists of fairs. Frankin County; Pu., remonstrating against the imposition o'f a By Mt: STEPIDINB· of California.. Resolutions ot Southern stamp taY on proprietary medicines, which· was referred to the California 8ongregationnl Conference, indorsing Anglo"'-Ameti- Committee on Finance. can arbitration treaty between. United States and England., tcr He arscr presented a memoriaf of' the· UmtecI Irish Society of the Committee on Foreign Affairs. Philadelphia, Pa., remonstrating against tlie ratification of the Also, resoiution of Humboldt Chamber of 0ommerce, of proposed treaty of arbitration between the United State and Eureka, Cal., requesting tlie Secretary of· the Navy t of Richmond, Ky.1 praying for the· adoption of an amendment to SENATE. the Constitution granting the right of suffrage- ta women, which was referre(ll to· the Committee on the .Judiciary. WEDNESDAY; J-une 'l, 1911. Mr. GUGGENHEIM presented memorials of sundry citizens The Semrte met at 2 o'clock. p. m. : of' Wray; Hyghme, Vidor, Dover~ Nmm, Fort Collins, Pierce, Prayer. by the Chaplain, Rev. IDysses G. B. Pierce, D. D. EJaton, .Auit; Berthoud~ Weld County,_ Denver {lounty, Denver, the and of the congregations of the eventh-da.y Adventists The Secretary proceeded tO' re:rcI Journal of xeste1·da:y's Salida, proceedirrgs, when, on request of Mr: GALLINGER and by unani crrurclles of Hygiene, Ca:non City Bcrcky Ford,, Denver, mous con.sent, the furthei: readihg- was dispensed. willr and the Greeley, Longmont, Victor; Wray, La: Sa-Ile, Arvada, Peaceftrl Valley, Cripple Creell:; Branca, Florence~ Idaho Spring , Niwot, Journal was aJ>nrove