1902. CONGRESSIONAL RECORD-HOUSE. 1453

Joel L. Stewart, to be postmaster at Clintonville, in the county Beryl F. Carroll, to be postmaster at Bloomfield, in the county of Waupaca and State of Wisconsin. of Davis and State of·Iowa. Albert L. Scott, to be postmaster at Dickson, in the county of Harry A. Strohm, to be postmaster at Kentland, in the county Dickson and State of Tennessee. · of Newton and State of Indiana. John Q. Royce, to be postmaster at Phillipsburg, in the county Ferdinand K. Hill, to be postmaster at Sunbury, in the county of Phillips and State of Kansas. of Northumberland and State of Pennsylvania. Robert C. Wilcox, to be postmaster at Clarksville, in the county Byron A. Weaver, to be postmaster at Montoursville, in the of Montgomery and State of Tennessee. county of Lycoming and State of Pennsylvania. · Giles Rives, to be postmaster at Brownsville, in the county of Samuel M. Turk, to be postmaster at Parkers Landing, in the Haywood and State of Tennessee. county of Armstrong and State of Pennsylvania . . John F. Cole, to be postmaster at Marshfield, in the county of Eldon Lowe, to be postmaster at Fort Scott, in the county of Wood and State of Wisconsin. Bourbon and State of Kansas. Frank M. Givens, to be postmaster at Fond duLac, in the county Frederich D. Dismuke, jr., to be postmaster at Thomasville, in of Fond du Lac and State of Wisconsin. the county of Thomas and State of Georgia. George D. Breed, to be postmaster at Chilton, in the county of Augustus Loucks, to be postmaster at York, in the county of Calumet and State of Wisconsin. . York and State of Pennsylvania. Robert F. Haun, to be postmaster at Milan, in the county of Willie A. Sheats, to be postmaster at Monroe, in the county of Gibson and State of Tennessee. Walton and State of Georgia. Ellicott R. Stillman, to be postmaster at Milwaukee, in the Frederick W. Collins, jr., to be postmaster at Summit, in the county of Milwaukee and State of Wisconsin. county of Pike and State of Mississippi. Allan Beggs, to be postmaster at Hudson, in the county of St. William G. Henderson, to be postmaster at Biloxi, in the county Croix and State of Wisconsin. of Harrison and State of Mississippi. Robert C. Pugh, to be postmaster at Hayward, in the county Ellis E. Perkins, to be postmaster at Edwards, in the county of of Sawyer and State of Wisconsin. Hinds and State of Mississippi. Adelbert M. Penney, to be postmaster at Waupa~, in the Daniel E. Rosser, to be postmaster at Cleveland, in the county county of Waupaca and State of Wisconsin. of Bolivar and State of Mississippi. John E. Jones, to be postmaster at Washburn, in the county of John M. Garvey, to be postmaster at McCune, in the county of Bayfield and State of Wisconsin. Crawford and State of Kansas. Fred S. Thompson, to be postmaster at Superior, in the county of Douglas and State of Wisconsin. Clara E. Mortimer, to be postmaster at Crystal Springs, in the HOUSE OF REPRESENTATIVES. county of Copiah and State of Mississippi. John T. Wood, to be postmaster at Columbus, in the countyof FRIDAY, February 7, 1902. Lowndes and State of Mississippi. The House met at 12 o'clock m. Prayer by the Chaplain, Rev. Charles S. Moss, to be postmaster at Franklin, in the county of HENRY N. COUDEN, D. D. Williamson and State of Tennessee. The Journal of yesterday's proceedings was read and approved. Charles Burrows, to be postmaster at Rutherford, in the county of Bergen and State of New Jersey. ORDER OF BUSINESS. Dennis W. Mahony, to be postmaster at Passaic, in the county Mr. HEMENWAY. Mr. Speaker, I move that the House re­ of Passaic and State of New Jersey. solve itself into Committee of the Whole House on the state of the Anthony T. Woolley, to be postmaster at Long Branch, in the Union for the consideration of appropriation bills. county of Monmouth and State of New Jersey. The SPEAKER. The gentleman from Indiana moves that the Judson M. Spore, to be postmaster at Rockford, in the county House resolve itself into Committee of the Whole House on the of Kent and State of Michigan. state of the Union for the consideration of the legislative appro­ Arthur L. Thomas, to be postmaster at Salt Lake City, in the priation bill. county of Salt Lake and State of Utah. Mr. MAHON. Mr. Speaker, under the rules this day belongs Charles H. Roberts, to be postmaster at Bingham .Canyon, in to the Committee on War Claims; but the committee do not care the county of Salt Lake and State of Utah. . to interfere with this large appropriation bill and the special order M. J. Ryan, to be postmaster at Escanaba, in the county of on the oleomargarine bill. I therefore ask unanimous consent of Delta and State of Michigan. the House that the day after the oleomargarine bill is disposed of Alonzo M. King, to be postmaster at Plainville, in the county be assigned to the Committee on War Claims. of Rooks and State of Kansas. - The SPEAKER. The gentleman from Pennsylvania, chairman Mark Palmer, to be postmaster at Eskridge, in the county of of the Committee on War Claims, asks unanimous consent that Wabaunsee and State of Kansas. that committee be permitted to have the day immediately follow­ Richard M. Sampson, jr., to be postmaster at Norway, in the ing the disposition of the oleomargarine bill in lieu of this day, county of Dickinson and State of Michigan. which under the rules belongs to that committee. Is there objec­ Abram Babcock, to be postmaster at Morenci, in the county of tion? [After a pause.] The Chair hears none, and it is so or­ Lenawee and State of Michigan. dered. The question is on the motion of the gentleman from John D. Mangum, to be postmaster at Marquette, in the county Indiana. of Marquette and State of Michigan. The question was taken; and the motion was agreed to. William H. Smyth, to be postmaster at Atlanta, in the county LEGISLATIVE, EXECUTIVE, AND JUDICIAL APPROPRIATION BilL. of Fulton and State of Georgia. The House accordingly resolved itself into Committee of the S. Perry Youngs, to be postmaster at Stanton, in the county of Whole House on the state of the Union, Mr. Loun in the chair. Montcalm and State of Michigan. The CHAIRMAN. The House is in Committee of the Whole William Webster, to be postmaster at Sault Ste. Marie, in the House on the state of the Union for the further consideration of county of Chippewa and State of Michigan. the bill H. R. 10847, and the Clerk will read. John F. Barrows, to be postmaster at Lawrence, in the county The Clerk read as follows: of Van Buren and State of Michigan. Territory of Arizona: For governor, $3,000; chief justice and three associ­ David B. Menerey, to be postmaster at Coleman, in the county ate judges, at $3,000 each; secretary, .$1,000; interpreter and transla.tor in the of Midland and State of Michigan. executive office, $500; in a.ll, $17,000. Charles I. Robinson, to be postmaster at Eatonton, in the county Mr. SMITH of Arizona. Mr. Chairman, I move to amend that of Putnam and State of Georgia. section relating to the compensation of the chief justice and three John W. Martin, to be postmaster at Scottsburg, in the county associate justices of the Territory of Arizona by striking out the of Scott and State of Indiana. word " three" and inserting the word " five." Joel F. Thornton, to be postmaster at Greensboro, in the county The Clerk read as follows: of Greene and State of Georgia. · On page 74, in line 8, at the end of the line, strike out the word " three" Mary A. Melton, to be postmaster at Conyers, in the county of and insert the word "five." · Rockdale and State of Georgia. Mr. HEMENWAY. Mr. Chairman, I desire to reserve the Morton Kilgore, to be postmaster at Goodland, in the county of point of order. Newton and State of Indiana. Mr. SMITH of Arizona. All right. I would like the attention Alfred Welshans, to be postmaster at Danville, in the county of of the gentleman from Indiana and the Committee on Appropria­ Hendricks and State of Indiana. tions-as many as are present. The statute gives the chief justice E. 0. Rose, to be postmaster at Angola, in the county of Steu­ of Arizona $3,600. This Congress or one or two Congresses be­ ben and State of Indiana. fore this have given a beautiful lot of salaries to the justices of Charles H. Richman, to be postmaster at Woodstown, in the Hawaii. county of Salem and State of New Jersey. I want to ask the gentleman from Indiana especially, and the 1454 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 7, chairman of the Committee on Appropriations, how it is that in Mr. HEMENWAY. The gentleman from Arizona knows that the Territory of Hawaii the expenses of their courts are $28,700 during the time of Mr. Holman, who happened to come from that in this bill? They have, as you will find on page 76, a governor side of the House, when he was chairman -of the Committee on at $5,000 and a secretary at $3,000, a chief justice at $5,500 and Appropriations! many salaries were appropriated for at less than tyv:o associate justices at $5,000; in alL $28,500. the statutory amount. Something like 150 salaries were treated On page 132 of the bill you will find a little more for the Terri­ in that way. That practice was commenced at that time and has tory of Hawaii; fo1· the payment of the salaries of the clerk and continued since, although there are not so many salaries appro reporter of the United States district court for the Territory of priated for in that way now. Hawaii, $3,000 and $1,200, respectively. In all, for the Territory Mr. SMITH of Arizona. I will ask the gentleman from In­ of Hawaii, just as I said before, $28,500, and for the entire judi­ diana if he approves of the course of that gentleman? cial system of the Territory of Arizona you have $12,000, all Mr. HEMENWAY. It has been approved of time and time told. again. Now, I venture the assertion that there has been more property Mr. SMITH of Arizona. Can the gentleman suggest any reason interest involved and more cases tried in one term of the court of why the statutory amount ought not to be allowed to our judges? Arizona during the last year than in the whole Territory of Ha­ Mr. HEMENWAY. We have allowed you all the statutes waii. The committee bas made this appropriation for Hawaii, give, that is $3,000. and the gentleman is very hasty in making the point of order The CffA.IRMAN. The time of the gentleman from Arizona against my amendment. I make the point of order against the has expired. · appropriation for the Territory of Hawaii. If they have any Mr. SMITH of Arizona. I will a-sk a minute or two longer, Mr. statute to show why they are entitled to such enormous salaries Chairman, and then I will not trouble the committee any further. as compared with the other Territories, they ought to do it. Mr. CANNON. Mr. Chairman, I ask that the time of the I commend to the gentleman the same beautiful economy tha.t gentleman from .AI'izona be extended for five minutes. is shown in cutting off the pitiful little $600 rightfully due the The CHAIRMAN. The gentleman from Illinois asks that the judges in Arizona, New Mexico, and Oklahoma. They have given time of the gentleman from Arizona be extended five minutes. the Territory of Hawaii a regular supreme court, and they have Is there objection? also given it a nisi prius or circuit court. There was no objection. Mr. HEMENWAY. Will the gentleman permit me to inter­ Mr. SMITH of Arizona. Now, the committee has without any rupt him? The legislation in regard to Hawaii does not come consideration whatever, as far as I know-and if it has, the gs."l­ from the Committee on Appropriations. tleman can show it-given to the far-off Territory of Hawaii, be­ Mr. SMITH of Arizona. No. cause it was based on recent legislation, a salary of $5,000, while Mr. HEMENWAY. If the gentleman will permit me to get it has persistently kept off from Arizona, New Mexico, and Okla­ through. homa $500 because it was an ancient wrong. What reason was Mr. SMITH of Arizona. Certainly; but I have the floor. there before the committee for giving $3,000 to the chief justice Mr. HEMENWAY. The legislation came from the Committee of .AI'izona and $5,000 to the Territory of Hawaii? on Territories, and passed this House fixing all of these salaries in Mr. HEMENWAY. Oh, the gentleman from Arizona is con­ Hawaii. tinually making his comparisons with the Territory of Hawaii. Mr. SMITH of Arizona. Did not the legislation come from the Now, you take the State of Tennessee- same Committee on Territories to this same House fixing the sala­ Mr. SMITH of Arizona. We have nothing to do with Ten­ ries in the case of the other Territories? nessee. Mr. HEMENWAY. If the gentleman will just allow me to Mr. HEMENWAY. Let me make my comparison. make a suggestion for a moment? Mr. SMITH of Arizona. I do not want a comparison unless Mr. SMITH of Arizona. But does not the gentleman see that you compare Ten-itory with Territory over which Congress has if the same Committee on Territories reported to this House and jurisdiction. this House passed the bills in regard to the cases of other Terri­ Mr. HEMENWAY. The gentleman declines to have a com­ tories, what reason, what equity, and what justice or what com­ parison made with the g1·eat States of the Union, where they do mon sense can the gentleman say would permit such inequalities more work in a week than they do in a year in .AI'izona. What as this? is the population of Arizona? Mr. HEMENWAY. I want to call the gentleman's attention Mr. SMITH of Arizona. What is the population of that dis­ to the fact that in the case of Arizona we give the statutory sala­ trict you are talking of where they have so much practice in ries in this bill. court? Mr. SMITH of Arizona. You give the statutory salaries, yes. Mr. HEMENWAY. What is the population of .AI'izona? When did you commence that? Mr. SMITH of Arizona. I am not going to be led into a dis­ .fr. HEMENWAY. A bill of that kind was passed a year or cussion of that kind by the ingenuity of my friend from Indiana. tw.J ago. Mr. HEMENWAY. The gentleman declines to answer my Mr. SMITH of Arizona, I think you will find, or the Clerk question. will find for you, that it is probably $3.600. Mr. SMITH of Arizona. I am not declining to answer; but I Mr. HEMENWAY. I think you will find that the bill provides want to know what the gentleman, as member of the Committee the statutory salaries. on Appropriations, has to do with the question what the States Mr. SMITH of Arizona. Not only that, but this vigilant Com­ pay their judges? I am confining myself to the matter of these mittee on Appropriations, that sees, or should see, that no such Territories, a matter over which that committee ha-s jurisdiction. unequal and unjust discriminating laws were passed, no matter I am attem-pting to show to the House that what the committee from what committee they come. Our trial court is also our has done with respect to the Territories is injustice, and to show court of appeal as well. forcing the litigants to appeal from Cresar it by reference to what has been done with regard to other Terri­ unto Cresar, while in this new and beautiful and delectable coun­ tories, as well as Arizona. As it appears, the statute provides a try we find that you give them all the courts that any State has. salary of $3,500 in this case, and I am not going to run up against Mr. RODEY. Including a clerk. the rule or the point of order, and I therefore ask that my amend­ Mr. SMITH of Arizona. Now, I am not complaining because ment be changed so as to name $3,500 as the salary instead of you have done Hawaii justice, bu~ because you are doing the $5,000. I hope the gentleman will waive any objection he may other Territories an injustice. Now, here are four. judges in my have and allow this matter of justice to go through. Territory who do more work than the six justices and two courts Mr. HEMENWAY. I want to call the gentleman's attention in Hawaii. You force them to do more work in a year than they to the fact that the governor of this Territory has a salary fued will possibly be called upon to do in six in Hawaii. You give by statute at $3,500. The judges have salaries fixed at $3,000. them stenographers and clerks, and you give us nothing. We Mr. SMITH of Arizona. If such be the statute, I know that the have to pay for them out of our own pockets. Now, I will ask point of order is good. the gentleman if he has found the law? 1t-Ir. HEM.ENWAY. I refer the gentleman to section 1879. Mr. HEMENWAY. I find that the statutory salary is $3,000, Mr. SMITH of .Alizona. Is the gentleman referring to the Re­ and they were formerly appropriated for at $2,600 for a long vised Statutes or to a. general appropriation bill? while, but the Committee on Appropriations raised the amount Mr. HEMENWAY. The Revised Statutes of the United States. to $3,000. Mr. S:MITH of Arizona. If the statute fixes the salary of the Mr. SMITH of Arizona. Why did not the Committee on Appro­ judges at $3,000 and if the gentleman insists on the point of order, priations use the same humanity toward the courts of Arizona of course the amendment must be ruled out; but I believe the that it did to Hawaii? gentleman wants to be fair. I have one suggestion to make to Mr. HEMENWAY. We followed the recent legislation as to him: I ask him to treat this as a matter of justice upon a fail: Hawaii. statement of the case. Mr. Sl\IITH of Arizona. Recent legislation! Then it is because The gentlemen holding these judicial positions are very good the wrong is old that you persist in perpetuating it? lawyers; they are very hard-worked men. Every one of them 1902. CONGRESSIONAL RECORD-HOUSE. 14.55

belongs to the gentleman's political party, so that I have no -po­ the salaries of the officials of their Territories upon the hypothesis litical ax to grind; I am asking nothing but justice to these judges. that the judges in Hawaii have been receiving more than the We are forced to pay taxes to meet the expense of the transpor­ judges in the Territories which they represent; and therefore they tation of these judges from county to county. say the salaries of the judges in their respective Territories should If the gentleman would withdraw the point of order and agree be raised. Now, I have never heard any just or fair reason why to allow these men at least $3,600, I think it would be an act nq_t the amount of the salaries which are paid in Hawaii should be only of grace, but of justice. A good lawyer in that part of the paid. Hence their arguments are not well founded. country can not afford to give up his practice to sit as a judge for Mr. Chairman, let us see what they paid the officers in our old less than $3,600. I hope the gentleman will withdraw his point Territories .of Florida and Louisiana. I refer now to the organic of order and recognize the justice of my proposition. act of the Territories of the United States, as published by the 1\Ir. HEMENWAY. I must insist upon the point of order. Senate. We find that the judges in these two Territories received The CHAIRMAN. The point of order is sustained. $2,500 a year, and some others much less, and this policy obtained Mr. RODEY. Mr. Chairman, I prepared yesterday an amend­ throughout the Territorial life of Florida and Louisiana. The ment in the same line with that which has been presented by the judges of the Territories of Arizona and New Mexico are receiv­ gentleman frmn Arizona [Mr. SMITH], because of the injustice ing more than the judges of Florida and Louisiana ever did. in that I saw. in this appropriation, giving the governor of Hawaii days when we had no telegraphs, telephones, or raih·oads, when $5,000 salary, as against an allowance of $3,000 salary for gov­ I dare say expenses were much more than they are now in any ernors in other Territories; and giving to the governor of Hawaii one of the Territories west of the Mississippi River. a clerk and incidental expenses amounting to $3,000 additional, Mr. Chairman, I say that it is wrong to increase the salaries of and also giving to the chief justice of Hawaii $5,500 and to the these judges in any of these Territories upon the hypothesis that associate justices $5,000 each, as against $3,000 for the Territorial the judges in Hawaii, who I believe are paid $5,000 a year for judges in New Mexico, Oklahoma, and Arizona. During the dis­ their services, are receiving fair salaries instead of extravagant cussion that took place yesterday I made up my mind that per­ salaries. These judges in Hawaii are not put to any extra ex­ haps, as these salaries in the older Territories are fixed by statute, pense. They sit in Honolulu the year around, as I understand it. I could not get them changed at this time and in this place in Com­ They have splendid court rooms and facilities. And I want to add mittee of the Whole House. The appropriations in this line for ~her, Mr. Chairman, that there is a movement in the Senate to the older Territories, as proposed by the committee, do seem un­ increase the salaries of the judges of the Supreme Court of the just; and they show that if the committee considered that these United States and of the Federal judges of the lower courts, and salaries for the executive and judiciary of Hawaii are right, then I believe the salaries of Senators; and now a movement is on foot it follows that the salaries for the governors and judicial officers here to increase the salaries of these Territorial judges and officers. of the other Territories are too small, supposing the conditions When and where is this salary-grab policy to end? to be equal. I am opposed to such increases, and I shall remain opposed until Because of the condition of things prevailing in the older Terri­ the people throughout this country, in the Territories and out­ toTies, because of the great amount of work that the judges there side of them, from East to West, from North to South, are paid are doing (and as I have practiced law in New Mexico for almost the just claims that the Government of this country owes the twenty years I lrn.ow whereof I speak), we have been forced at dif­ people there for debts long since contracted, for which they, · ferent times to give to our judges. in addition to the salaries allowed hungry and in penury, have been knocking at the doors of Con­ them by the Government of the United States,from$800 to$1,500 gress for thirty or forty years for a settlement. each. Every judge in New Mexico to-day receives $800, I think This Government, with an overflowing Treasury, is delinquent is the amount, in addition to $3,000 appropriated by the Govern­ in paying the just debts of thousands for which it has received ment of the United States. It is because the salaries are insuffi­ full consideration long ago, and yet Congress refuses to pay. I cient that this extra compensation is paid. And therefore I am object to making flesh of one and bone of the other. These peo­ intending at some future time to bring in a special bill or propo­ ple who are pressing these claims are without any perquisites. sition to increase these salaries so as to equal those paid to the They are without any office, some of them without clothing to Hawaiian judges. It is only reasonable that this should be done. cover their backs to come here and appeal for their rights, while I find no fault with the salaries paid to the Hawaiian executive others are without food with which to satisfy their hunger. and judiciary. It is probably just. And yet, 1\fr. Chairman, they are left to appeal here for con­ The gentleman fTom Indiana [Mr. liEM:ENw.A.Y] has made a sideration which they do not receive. An unwilling hand is given statement which would indicate that perhaps the judges in them, when those who are in power, who are drawing high salaries, these Tet·ritorial districts do not do as much work as the State who have begged and pleaded with the appointing power to give judges. But from personal lrn.owledge I will say that in my them the positions which they hold, who have plenty of vacation, opinion every judge of a Territory does in cases even as much who have their mileage, who have clerks given them, who have as twice the work that is done by the State judges, because he everything that we have here in this House, are asking to have not only has to sit as a committing magistrate at times, but as their salaries raised, and I presume they will succeed. I protest a nisi prius judge; and in addition he has to exercise the juris­ against it as long as those who have none of these privileges are diction of a circuit or district judge of the United States, and mistreated and abused and their claims neglected and turned has to sit as an associate justice of the Supreme Court of the Ter­ down from one session to another. To such a policy I am opposed. ritory, so that it has come to be well known that he can not Fair dealing cries out against it. even have a thirty-day vacation during the whole year without The CHAIRMAN. If there is no objection, the pro forma permitting the public business to suffer and his work to get amendment will be considered as withdrawn. behind. [Mr. GOLDFOGLE addressed the committee. [See Appendix.] A salary of $3,000 in the older Territories for the governor and the judges is wholly inadequate, and if the Committee of the Mr. RODEY. If this Congress will relieve New Mexico from Whole shall agree to the amendment of the gentleman from Ari­ a Territorial condition it will relieve it of the necessity of paying zona, then I shall move that the allowance to judges in New Mex­ any salary for governor and these other Territorial officers. ico aJld Oklahoma shall be changed so that the governors of those Mr. GAINES of Tennessee. I am for making yonr Territory a Territories may receive the same salary as the governor of State. [Loud applause.] If you can get your Republican friends Hawaii, and that our chief justice and associate justices may to join us, we will do so. receive the same salary as the Hawaiian chief justice and associ­ Mr. RODEY. And if my Republican friends do less, they will ate justices, with an additional allowance for clerks and addi­ do an injustice to the great Territory of New Mexico. [Renewed tional expenses. applause.] Mr. GAINES of Tennessee. Mr. Chairman, I move to strike Mr. GAINES of Tennessee. The task is your party's. The out the last word. I am opposed to the proposition of the gen­ Democrats are willing, and said so in caucus a few nights ago­ tleman from New Mexico [Mr. RonEY] and of the gentleman not a voice dissenting. from Arizona [Mr. SMITH]. The CHAIRM.AN. The Clerk will read. Mr. HEMENWAY. Mr. Chairman, one moment. . Is there The Clerk, proceeding with the reading of the bill, read as fol­ any amendment pending before the committee? lows: The CHAIRMAN. There is an amendment pending to strike For legislative expenses, namely: For rent, messenger, postage, stationery, fuel, lights, printing, and incidental expenses for secretary's office; for pay out the last word, an amendment offered by the gentleman from of members and officers of the legislative assembly, mileage, rent of rooms Tennessee. forth~ legisla~e a;nd committ~~· furniture, stationery, printing, binding, Mr. GAINES of Tennessee. That is an amendment that is very fuel, lights·, and mmdentals, $24,250. familiar to the tongue of the gentleman from Indiana [Mr. HEM­ Mr. GAINES of Tennessee. Mr. Chairman I move to strike ENW.A.Y]. out the last word. I do this for the purpose of reading from of­ Mr. Chairman, the gentleman who has just addressed the House ficial documents the amount of salaries paid in several of our old [Mr. RODEY], as well as the gentleman from Arizona [Mr. SMITH], Territories in the early days of the Republic. I read from a com­ who prBceded him, have based their arguments for an increase in pilation gotten up by the Senate, entitled" Organic Acts of tha 1456 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 7,

Territories of the United States." It shows that by the act of I feel that.the members on this side, not being responsible for March 22, 1822, in the "Territory of Florida " the following sal­ the salary of Governor Taft, of the Philippine Islands, need not aries were paid: vote for this amendment, that only strikes out the salary of the The governor shall receive an annn&l sal&ry of $2,500; the secretary, $1,500; governor of Oklahoma, although I shall do so. I propose, if my the judges, $1,500 each, to be p&id quarter-yearly out of the Trea.sury of the amendment is adopted, as it must be if the Republican party is United States. The members of the legislative council shall receive ~each consistent on this subject by their votes-! expect to follow it up per d&y during their attendance in council and $3 for every ro miles in going to and returning from any meeting of the legislative council, once in each and ask to have inserted an amendment making it $20,000, so that session and no more. the governor of Oklahoma may be on equal terms with the gov­ In the district of Orleans and district of Louisiana, by the acts ernor of the Philippines. Why give the governor of the Philip­ of 1804, the judges received ·2,000 each, to be paid out of the reve­ pine Islands $20,000 and not give the same amount to the gover­ nues of impost and tonnage accruing within the said Territory. nors of Oklahoma and New 1tie.xico and Arizona? The governor of the " Territory of Wisconsin," by the acts of Thls calls to mind the situation that prevails in all the colonies 1836 and 1838, was paid an annual salary of 2,500 for his services of obr country-a policy of might makes right and greed triumphs as governor and as superintendent of Indian affairs. The chief over all. A few days ago there was presented to this House by justice and his associate justices each $1,800 and the secretary the gentleman from Nevada [Mr. NEWLANDS] a resolution to $1,200, and the members of the legislature $3 a day and $3 for annex or to invite Cuba into the sisterhood of States. It was every mile of travel to and from the sessions of the legislature. upon the gentleman's resolution that Hawaii was annexed. For contingent expenses, $350. Hawaii to-day, by the census report, has a population of 154,000, In the "Territory of Oregon," by the act of 1858, the governor presenting the unfortunate spectacle to this House and to a liberty­ was paid $1,500 as governor and $1,500 as superintendent of Indian loving country, and one whose labor sustains and protects it in affan·s and the judges 2,000 each, secretary 1,500. peace and in war, of 61,000 Japanese, 26,000 Chinese, and 38,000 In the "Territory of Minnesota," under the act of 1849, the Hawaiians, all of which classes are equally dangerous to the in­ governor received 1,500 for governor and 1,500 for superintend­ terests of American labor. I sug~est to the gentleman from ent of Indian affairs, and the judges each $1,800. Nevada that when he sends his inVItation to Cuba to enter our This is in painful contrast with the salary paid the governor in portals that he append below his resolution a little footnote that the Philippines, $20,000; four commissioners $15,000 each, and this is the same old colonial policy of the United States and gov· $5 ,000 for the judges. In Alaska the governor gets $5,000, raised erned by the sentiment, " ' Will you walk into my parlor? ' said from 3,000; andthreejudges$5,000~ch. InHawaiithegovernor the spider to the fly." gets $5,000. In Porto Rico the governor gets $8,000, and a com­ Cuba wi1J find out, as all others have found out that have been missioner of Porto Rico $5,000, and I believe the judges each get annexed to us, indeed as she already has found out, and as the fox $5 ,000; while we see from this bill that the salaries paid these found out in the fable when asked by the lion to go into its den, officers in the Territories west of the Mississippi are from $3l000 that the tracks all lead one way. down to $2,500. Three States of the Union pay their governor The toilers all along the line in the United States will suffer, and $1,500. severely suffer, by this new and dangerous policy. . This is all I have to say just now. It ever will be so, so long as we have a foot of foreign territory The Clerk, proceeding with the readipg of the bill, read as fol­ peopled by a race alien to and different from our own, and which, lows: by reason of such condition, is unfit to bear the responsibilities or Territory of New Mexico: For governor, $3,000; chief justice and four asso­ share the benefits of the Republic. . ciate judges, at $3,000 each; secretary, $1,800; and interpreter and trans!&tor: The Chinese, Japanese, Cubans, FilipinQS, Porto Ricans, and in the executive office, $500; in all, $ro,llX>. the inhabitants of the Danish West Indies are all of this class and Mr. RODEY. Mr. Chairman, for the sake of getting it into should not be brought in competition with Americilon labor. the RECORD, I move to make the salary of the governor of New Mr. Chairman, the payment of these salaries to the officials of :Mexico 5,000, the salary of the chief justice 5,500, and the sal­ the Philippine Islands is justly chargeable to the opposition; so, ary of the associate justices $5,000, so as to put New Me.xico in therefore, to test their consistency and that we may equalize the this regard on an equal footing with the Territory of Hawaii. salaries of the governors. I hope to be supported in this proposi· Mr. HEMENWAY. I make the point of order, Mr. Chairman. tion by the vote of the Republicans. The CHAIRMAN. The point of order is sustained. Mr. HEMENWAY. Imakeapointoforderagainsttheamend· Mr. ROBINSON of Indiana. Mr. Chairman, the purpose of ment, that it changes existing law. this amendment, perhaps, will not be apparent until I shall have The CHAIRMAN. The Chair overrules the point of order. made an explanation. The Committee on the Territories of the Mr. HEMENWAY. Will the Clerk again read the amendment? House has recently had hearings on the subject of the admission I did not catch its purport exactly. of Oklahoma in the sisterhood of States. The testimony of her The Clerk read as follows: distinguished citizens show that in extent of area, in population, In lines 13 and 14 strike out the words "three thousand dollars." and in wealth her right to admissibility to the Union can not be The CHAIRMAN. The gentleman from Indiana does not claim questioned. She is entitied to statehood on all the precedents that that Congress can not refuse to appropriate salaries? can be invoked. The soil is fertile, the climate is salubrious, her Mr. HEMENWAY. I move to amend the amendment so as to people are equal to the best. The governors and officers are the strike out "$3,000" and insert "$5,000." best officials that can be found. Mr. ROBINSON of Indiana. I believe I have stated that if this ltlr. Chairman, the purpose of this amendment is not so much amendment should be adopted, as I have no doubt it will be, it is to discuss the subject of Oklahoma as it is to place upon record my purpose to offer an amendment substituting $20,000, so that the party in power on the subject of consistency, which is many the governor may go on and perform his official duties, and for times said to be a jewel. The governor of Oklahoma rules more the same price as that of the governor of the Philippines. I shall people as governor than does Governor Taft of the Philippine not vote for the $20,000, but present it to the Republicans for con­ Islands, if in the calculation you exclude in the Philippines those sistency. who are within the trochas caused by the severe war measures Mr. HEMENWAY. I suppose the gentleman understands that adopted there, and which include the reconcentrado orders, and on this bill we have nothing whatever to do with the salaries paid exclude the slaves of the Sultan of Jolo and his datos, who should in the Philippine Islands. be excluded for the reason that they are not taxed and should Mr. ROBINSON of Indiana. Surely not; but the question is have no representation. the same in principle. You tax the Philippines, make them pay Mr. Chairman, we want some consistency upon this proposition at the point of the sword, and with .the money so wrung from of pay to governors. We want to see if you consider it about them you pay a governor of your selection 20,000, and I want to right to pay a governor in a domestic Territory $3,000 and one in see whether gentlemen will be consistent and vote the same salary a foreign Territory $20,000. It is a long time since the Repub­ to the governor of Oklahoma, a domestic and deserving Territory lican party placed the salary of the governor of the Philippines of our country. at $20,000, and gave him an official residence in addition, and pro­ Mr. NEWLANDS. Mr. Chairman, the gentleman from Indi­ vided pay to the other officers sent there in like proportion. The ana [Mr. ROBINSON] has brought into this controversy the reso­ country is complaining about extmvagant salaries-a salary list lutions which I had the honor to offer the other day in regard to that pays to the sanitary officers of the Philippines the same Cuban annexation. Debate is now under the five-minute rule and amount that is paid the governor of Oklahoma, a salary list that I shall require more time than the rule allows to properly an~er pays the assistant district attorney and deputy assessor in the the gentleman. I therefore request additional time, say fifteen Philippines a salary equal to that paid to the governor of Okla­ minutes, for this purpose. homa. To give the party in power here a chance to meet the Mr. HEMENWAY. I ask unanimous consent that the gentlEr criticism which may be unjust to them-we shall see by this vote­ man be allowed fifteen minutes to discuss the question. we place the situation of the governor of Oklahoma against the The CHAIRMAN. Is there objection? The Chair hears none. governor of the Philippine Islands and ask for a vote upon that . Mr. NEWLANDS. Mr. Chairman, the gentlem n from In­ provosition. diana [Mr. RoBINSON] has referred to the resolutions regarding 1902. .CONGRESSIONAL RECORD-HOUSE. 1457 the annexation of Cuba which I introduced t,..,e other day, and he a subject colony. Her people are to be citizens of the United has stated that I ought to append to them a footnote that·" this States, not subjects. She is to have a Territorial form of govern­ is the same old colonial policy of the United States." ment under the Constitution, not outside of it, and she is to be I am at a loss to know what the gentleman means by the ex­ entitled to the equal operation of our laws, including our tariff p:ression, " old colonial policy." I was under the impression that laws. She is to have a Delegate in Congress to represent her peo­ the colonial policy was a new policy, inaugurated only within the ple, and she is to have the assurance- last few years, involving an abandonment of the traditional policy that ultimate statehood will be granted when, in the j11dgment of Con­ of the country, which regarded newly acquired territory as in­ gress, it is advisable to admit Cuba, including such other West India islands fant States, to be governed under the Constitution and the equal belon&Wg to the United States as may be deemed advisable, as a single laws of the Republic, its people entitled to citizenship in theRe­ State m the Union, to be called the State of Cuba. public, and enjoying the confident assurance that ultimately, when The annexation of Cuba means the expansion of the Republic, population and wealth justified statehood, it would be accorded not the development of an empire. It follows the time-honored by the Union. policy of the country under which expansion meant the acquisition Under this old and traditional policy the thirteen original States of contiguous continental territory and of adjacent islands, essen­ developed their great Northwest Territory into five noble States; tial to om· military and coast defense, the purpose being to give under that policy Florida was acquired and developed into a State; this country a scientific boundary, to secure the expansion of do­ under that policy the great Louisiana purchase was made, with mestic commerce and to minimize naval and military expense by its development later on into magnificent States; under that securing the control of the natural military outposts of the policy the extreme western ·portion of our continent, including country. California, was acquired by treaty with Mexico, all of it developed What is the occasion for these resolutions? It is represented to into sovereign States, with the exception of Arizona and New us that an economic crisis is approaching in Cuba; not that an Mexico, which, though held for so long a time without statehood, economic crisis exists there to-day, but that an economic crisis is were yet governed under the Constitution, with citizenship to threatened in the near future, and that this economic crisis has their people, under laws equally and beneficially operative wher­ its origin not in the rupture of the relations between Cuba and ever the flag {)f the Republic waved. Nothing was then heard of Spain, or in the late civil war or in the present military occupa­ a subject people. Nothing was then heard of dependencies, of tion, but in the low :price of sugar, the world's price of which is territory appurtenant to and not a part of, and the other phrases lower than it ever has been. Yon all know that until recent years which have been so glibly framed in pursuance of a new policy. the world was supplied mainlywith sugar from the cane. While And if the gentleman will read the resolutions which I have had Cuba was torn by a civil war which reduced her output of sugar the honor to introduce he will find that they contemplate not an from 1,000,000 to 100,000 tons annually, the protected sugars and acceptance of the new colonial policy so recently inaugurated, but the bounty-fed beet sugars of the world took the place of Cuban a return to the old and traditional policy of the early days of the sugars in the world's markets. After the war, when Cuba sought Republic. to restore herself to her former position, she found that the mar­ These resolutions declare: kets which she had supplied were occupied, but notwithstanding Joint resolution (H. J. Res. 142) providing for a reduction of duty on Cuban this she commenced vigorously the production of cane sugar, and sugar and inviting Cuba to become a part of the United States. slie has expanded it this year to 850,000 tons-nearly her maximum Whereas by an act entitled "An act making appropriations for the support of the .Army for the fiscal year ending June 00,1002," approved March 2,1901, output before her civil war-and this increased product has weighed the President of the United States was authorized to leave the government 4own the markets of the world, already overburdened, so that and control of the island of Cuba to its people so soon a.s a government should to-day the international price of raw sugar is only about 11 cents be established in said island under a constitution which, either as a part thereof or in an ordinance appended thereto, should define the future relar per pound. tions of the United States w1th Cuba, substantially as in the said act stated; Now, Cuba seeks-what? She seeks to come into the markets and of this country, the protected markets of this country, a coun­ Whereas on the 12th d$y of June, 1901, the convention organized in the island of Cuba. for the purpose of framing a constitution for the government try which produces only one-third of her sugar consumption, of sa.id island adopted an ordinance making provisions substantially in ac­ and she asks that the tariff barriers be thrown down, that cordance with the requirements of the aforesaid act of Congress; and her product be allowed to enter this country that she may Whereas on the 1st day of October, 1901, said convention performed its re­ maining duty by adopting an electoral law providing for a. general election be enabled to receive, not the international price of sugar to throughout the island of Cuba., to be held on the 31st of December, 1001, to which she is now confined, but our domestic price, raised by a choose governors of provinces, provincial councils\ members of the house protective tariff to double the international price, the price here of ~presentativesl and presidential and senatorial electors; and Whereas such e ectorallaw also provides that from the 24th day of Febru­ for raw sugar being about 3t cents a pound, the international price ary, 1~, the several bodies of electors thus chosen shall meet and elect a being abou~ 1t cents. What does that mean to Cuba? Why, sir, president, vice-president, and senators; and from her present crop she will receive only $25,000,000, not suffi­ Whereas the President of the United States is authorized, after the organi­ zation of the government of the island of Cuba. as aforesaid, to leave the gov- cient, according to her statement, to pay the cost of production. ernment and control thereof to its people; and · If her sugar is admitted free to this country she will receive Whereas it is represented by the military government of Cuba., a.s well a.s double that amount-$50,000,000-and she will thus obtain from by the business men, bankers, planters and other representatives of Cuba 1 1 this country a commercial union that will enable her people to tha.t an economic crisis is pendin~, owmg to the low international price or sugar; that the present crop, coDSlSting of about 850,000 tons, can not be mar­ get $25,000,000 more annually for their sugar product than they keted, and it will be unprofitable to harvest and grind it, and that lack of can get under existing conditions. employment and general distress are sure to follow the failure to harvest and grind the existing crop; and Objection is made by the protected sugar interests of America Whereas Cuba. seeks a commercial union with the United States whereby that reciprocity will so stimulate the production of Cuban sugar sugar and other products of Cuba. may enter the Unit~d States either free of as to seriously affect the protected sugar industry of this country, duty or with a reduced duty in exchange for certain Concessions to be made in the admission of certain American products to Cuba.; and if not destroy it. It is claimed that it is unfair to give Cuba the Whereas it is the opinion of the Congress of the United States that the best advantages of a commercial union with this country without the commercial union between Cuba. and the United States can be accomplished restraints and burdens which a political union would involve, by political union, by the annexation of Cuba. to the United States as a Ter­ ntory, under the Constitution and laws of the United States, with the assur­ namely, subjection to our labor and Chinese-exclusion laws, as ance of ultimate statehood; and well as to the increased cost of supplies in a protected ma.1·ket. Whereas it is represented that the sentiment of Cuba. is favorable to a Under reciprocity Cuba would have free access to the cheap labor political a.s well as a commercial union, but that time is necessary for its ac.. complishment, as there is no government now organized there capable of marts of the world, whilst our sugar producers would be confined assenting to a political union: Now, therefore, be it to the high-priced labor market of the United States. Resolved by the Senate and House of Represe1~tatives of the Un_ited States o.f I have no doubt that an economic crisis is approaching in Cuba. ..tbnerica in Congress assembled, That the Pre8ldent of the Uruted States lS hereby authorized to admit Cuban sugars, produced from the present crop, I have no doubt that unless some relief is given the labor now upon the payment of three-fourths of the presen~ 4uty, in conside~ation of a engaged in grinding the cane and planting the fields will, in the reciproca arrangement upon the part of Cuba, gtvmg to the Amencan prod­ future, be unemployed and that an economic crisis will be at­ ucts entering Cuba. such concessions or preferential duties as he may a.pJ!rove all and deem advisable, such arrangement to continue until the 1st day of Janu­ tended by acute distress. We know what acute distress means ary 1003. in Latin-American countries. We all know that the government SEc. 2. That in the meantime the Republic of Cuba. is invit~d to become a. is held responsible, and that disorder and civil strife follow. The part of the United States of America and her people to become citizens of the lack of employment in Cuba, arising from a financial crisis, would United States, with the assurance that Cuba. will be entitled a.t first to a Ter­ ritorial form of government under the Constitution and laws of the United undo the work of the last three years and subject the new gov­ States, with a Delegate in Congress to represent her people, and that ultimate ernment to all the dangers of discontent and turbulence. statehood will be granted when, in the judgment of the Congress of the United It States, it is advisable to admit Cuba., including such other West India. islands is clear that some relief should be given to Cuba. The ques­ belonging to the United States as may be deemed a.dvicw.ble, as a single State tion is, How can this be done most effectually without injury to our in the Union. to be called the State of Cuba.. own industries? To take Cuba into our commercial union by Does the gentleman find in these resolutions a single line which reciprocity would be to free her from the burdens and restraints indicates tl.1at they are pursuant to the new colonial policy? Cuba of a protective system which has in this country raised the price is to be annexed to the United States with her consent; not by of all supplies and products above the international level, and has violence, but by the free act and will of her people. She is to also so restricted the labor market by Chinese exclusion and im­ become a part of the United States, not a military dependency or migration laws a.s to maintain a higher level for labor than the XXXV-92 1458 CONGRESSIONAL RECORD--HOUSE. FEBRUARY 7, international leveL Thus Cuba would have the advantage of a ing there will be exaggerated. Under reciprocity her population production on the low international level of labor and supplies, five or ten years hence will be much\l.ess desirable for annexation but would sell on the higher level of our protected markets, which, than it is now, composed as it will be of Chinese and other im­ in sugar, would secure to her double the price she would other­ ported cheap laborers. By coming into our political union Cuba wise get. The effect would be to rapidly stimulate the production will immediately secure the highest degree of freedom enjoyed of sugar in Cuba by every device known in the way of cheap labor. anywhere upon the earth, and with it a large market for her Cheap laborers would be imported from Europe. Chinese would varied products. These products will not threaten our sugar in­ be imported, and thus we would put our sugar producers practi­ dustry so seriously as they would under reciprocal trade arrange­ cally in competition with the cheapest labor of the world. ments, for the reasons that the restricted labor laws of this country Wouldit not bemuch bettertoinviteCubatoenterour political will apply and will raise the cost of production to such an extent union, in which she would share all the advantages of commercial as to prevent overstimulation of her industries, while her sup­ union and at the same time be subject to the restraints of our plies will be bought in the high protected markets of this country labor laws and to the expenses of a protected market, and mean­ instead of the cheap markets of the world. while make a reduction in our duty on Cuban sugar of one-fourth, Mr. ROBINSON of Indiana. Mr. Chairman, will the gentle­ confining its operation to one year? This would enable her tore­ man allow me? ceive from her present sugar r.rop six or seven million dollars Mr. NEWLANDS. I beg the gentleman's pardon. I have only more than she would otherwise receive. It will relieve her from a few minutes remaining. her distress. It will enable her planters to grind their p:r:esent Mr. ROBINSON of Indiana. We will extend your time. I want crops, but it will not stimulate, as too much concession would, the gentleman tO be just to himself. excessive planting in the future, which will add to the existing Mr. NEWLANDS. I will yield to my friend later, if sufficient overproduction. time is given me. Cuba asks commercial union with this country. I contend that Now, what does this commercial union mean? What do the the best kind of commercial union that Cuba can have is that beet-sugar men say? What do the cane-sugar men of Louisiana which political union involves. Such union should not be brought say, these men who have been assisted by a protective tariff that about by force or coercion. We must treat with free Cuba. has overstimulated that industry in this country, and which bids Annexation by force would not be justified. It must be accom­ fair to put them all upon stilts, rendering their prostration more plished, if at all, by the free act of the Cuban people. At present disastrous in the future? What do they say? Why, they say that there is no machinery in Cuba by which the popular will can be they would rather have annexation, that they would rather have tested. But the Cuban constitution has been adopted. The Cu­ Cuba in the political union, than have a commercial union which ban congress will meet soon, Cuban government will be organ­ will give her tariff advantages. ked, and the United States will then leave the government and And what is their argument? Why, they say if you strike control of the island to the people of that island. Cuba will then down the barrier of the tariff wall you admit her products free be in a position to express her will~ and it is only necessary to tide into this country. And how does she produce them? She produces over the present emergency by a temporary measure, such as I them by the cheap labor of the world. You will stimulate her pro­ have introduced, reducing the duty on Cuban sugar one-fourth duction so that it will advance by leaps and bounds. Where will for one year and inviting Cuba to become a part of the United she get her labor? She will get the cheap laborers of Europe she States under a Territorial form of government, under the Consti­ will get the cheaper laborers from China. She will get them tution, not outside of it, her people to be citizens, not subjects, under contract, as she did twenty years ago, at the rate of 4 a with the assurance that ultimately statehood will be granted. month, when men were put under contract for eight years, and Thus economic distress will be avoided, and one year will be given their contracts were sold to the highest bidder. for deliberation and action, the result of which can not be doubted, Annexation is bound to come in the future, bound to come be­ for every interest, political, sentimental, and commercial, will cause of the intimate relations of these countries, bound to come point to political union. because Cuba is now our ward and we are bound to protect her. Now you say, Why do we ask Cuba to unite herself to the It is bound to come because Cuba will demand it, and it is bound United States of America? Gentlemen, the people who have been to come because the sentiment of the United States will demand before us representing Cuba and Cuban interests stated to us it. And if it is to come I would rather have it come now than that the tie binding Cuba to this country is a close one, close in twenty years from now. I admit that much of the population of any event by reason of her proximity; closer still by rea-son of the that country is now undesirable; but how much more undesirable exaction of the Platt amendment by this country. They speak of will it be after we have given her reciprocity arrangements which her as a ward of this country, as being under the protection of will stimulate her sugar industry and permit the immigration to this country, and that statement is true;· for under the Platt that country of the cht'J.P laborers of Europe and of the degraded amendment we are entitled to go into Cuba and suppress disorder labor of Asia. I wish to have these negotiations now, so that our which threatens her independence. Under the Platt amendment labor laws can apply to that island, so that they can be restricted we are entitled to take possession of her posts for military defense. in their labor colonization, so that they will be put upon the same We have also placed restrictions upon her treaty-making power; market for their domestic supplies as we are, so that they will not so far a-s commercial treaties are concerned, but any treaty be on a par with our domestic producers in the production of which may involve her ultimate independence. So that she is sugar. now in the position of a ward of this country. I much prefer political union, for that involves the best kind of Certainly no brighter future can be secured to Cuba than that commercial union that can be established between the two presented by ultimately becoming one of the sisterhood of States. countries. Meanwhile she will occupy the position of an infant state, as a Such annexation is entirely in line with the traditional policy territory under the Constitution and equal laws of the United of the country, which has always contemplated the peaceful an­ States-not a mere dependency, like Porto Rico, or a subject ter­ nexation, under the Constitution, of contiguous continental te1·­ ritory, like the Philippine Islands. ritory, and of adjacent islands essential as part of our coast de­ From the standpoint of Cuba's material interests there can be fense. When the time for statehood comes, Cuba, Porto Rico. no question as to the advantage of political union and consequent and other West India islands in our possession can be incorporated free trade with this country. She will immediately profit to the into the Union as one State, thus doing away with the danger of extent of $25,000,000 annually on sugar alone, as the duties on her overrepresentation in the Senate. present crop will amount to that. I do not believe in reciprocity agreements which necessarily in­ It may be urged in objection that the suggestion of present an­ volve favoritism to certain foreign countries and which will nexation is premature; that Cuba must have her experience of necessarily arouse jealousy and secure the hostility of less-favored independent government. My answer is that every year of post­ nations. I believe that there should be but one boundary to the ponement will lessen the desirability of political union with Cuba. Republic•. I I?e~eve that Cuba should be within that boundary, Should she have independence without reciprocal trade relations and that Within 1t we should have free trade and without it we she will be without markets for her product, and economic dis­ should have impartial trade, and that partial trade, such as thttt tress will undo the republic. Civil strife and public disorder will promoted by reciprocity treaties, should as a rule be avoided. reign everywhere. Sanitary precautions will be neglected, and Mr. GAINES of Tennessee. How do you want it to come in-­ Habana will again become the breeding spot of the yellow-fever as a Territory or a colony? pest, and the United States might be compelled to take hold with Mr. NEWLANDS. Not as a colony; that is contrary to my a sti•ong hand. resolution. It provides that Cuba shall come into the United Should she maintain her independence with reciprocity she will States and form a P!lrt of our political union as a Territory, with continue her career as a country of pratically one product-sugar. the assurance of ultrmate statehood when the people of the United The sn.gar industry will be unduly stimulated up to the full point States are willing to concede it, and collect all the e other islands of American absorption. The world will be scoured for cheap in the West Indies into a single State not numerous States thus labor. Asiatic contJ:act labor will be ip.troduced, and all the ob­ doing away with the danger of overrepresentation in the Senahl jectionable conditions of tropical and semi-tropicallife now exist- of the United States. 1902. CONG-RESSIONAL RECORD-HOUSE. 1459

Mr. SMITH of Arizona. And New Mexico was given .that Mr. RICHARDSON of Alabama. We have instances, as I rec­ promise nearly fifty years ago. ollect, in the history of our country where a State was admitted Mr. NEWLANDS. That is true; but New Mexico is going to without the intermediate condition of a Territory. have statehood, though long delayed. It will be long delayed in Mr. RODEY. California? the case of Cuba; but in the meanwhile her people will be under Mr. RICHARDSON of Alabama. California, and Texas wa,s the equal laws of this co"Q.ntry, including the tariff laws. and another, probably. Now, is it not a fact, and do you not believe her government will be under the Constitution and not ou-tside it to be a fact, that the solution of all the troubles that we are of the Constitution; her people will be citizens, not subjects. gathering around our people with regard to reciprocity and tariff' Mr. ROBINSON of Indiana. The gentleman understands the would be to invite Cuba into statehood, and do it upon the basis labor situation here. He introduced the resolution that passed of the constitution that Cuba has already adopted? Why not? the House for the acquisition of Hawaii. What satisfaction does Mr. NEWLANDS. Iwouldnotdeem that advisable, but rather he get out of the annexation of those islands under the Constitu­ than have the present conditions and perpetuate them for all tion? We find to-day that it has 26,000 Chinamen, more than one­ time, with the probability of a civil war and strife there, with half of whom hav~ gone there since the annexation, and there are the probability of a yellow-fever pest, with the probability of con­ 61,000 Japanese, and there are 38,000Hawaiians and mixed blood stant friction, I would be willing to take Cuba on almost any who are no more desirable in competition than the others. Now' terms. But I believe Cuba is prepared now to come into the po­ what satisfaction does the gentleman get out of these facts of his: litical union as a Territory, with the assurance of ultimate state­ tory as a matter of competition with American labor? hood. Such is the statement of those who appeared before our Mr. NEWLANDS. There are not as many Chinese there to­ Ways and Means Committee, and who were competent to speak day as there were at the time of annexation. And the reason for Cuba. why Japanese have increased is because we have not passed a law Mr. RICHARDSON of Alabama. Does not the gentleman be­ to prevent the Japanese from going there. I want to say, however, lieve that the interests of Cubaarethreatened with strangulation that the Chinese have not come into Hawaii since annexation. and destruction on the question of sugar and tobacco? Mr. ROBINSON of Indiana. But the gentleman very well :Mr. NEWLANDS. So it is represented; and if the present knows that they are coming into Hawaii. abnormally low price of sugar remains, I have no doubt that there Mr. NEWLANDS. The Chinese are decreasing to such an ex­ will be an economic crisis. tent as to produce a pressure for labor in Hawaii. Mr. RICHARDSON of Alabama. What relief will Cuba get Mr. ROBINSON of Indiana. They are coming to Hawaii and under a Territorial condition? coming to this country here, and will come as long as we have Mr. NEWLANDS. She will come within the operation of the island pos essions and boats ply between the ports. tariff laws of the United States. That tariff wall will be built Mr. NEWLANDS. They are not coming to the Territory of around Cuba and will fence her into the United States instead of Hawaii. They are constantly diminishing. The Japanese are fencing her out. For the 850,000 tons, her present crop of one coming there, and to this country,-because,as I said, we have no year, for which she can get to-day only $25,000,000, she will get exclusion law regarding them, and they simply come under the $25,000,000 more, and if she continues to produce at that rate general emigration laws. she will get an annual bonus of $25,000,000 by being a part of the Mr. ROBINSON of Indiana. Does not the gentleman from United States. Nevada regard them as an equally undesirable class of immi­ Mr. RICHARDSON of Alabama. Does not the gentleman be­ grants? lieve that if we invite Cuba to come in as a State, under the con­ Mr. NEWL.ANDS~ I do not think the Japanese are as desira­ stitution that she already has, with such changes as should be ble as a white population would be. I favored the acquisition of made to make it appropriate and applicable to a State under our the Hawaiian Islands, although I l:new a large portion of the Government, that all of these troubles would cease to exist, and population was undesirable, for I felt that the advantages of the that Cuba would become more rapidly Americanized than under acquisition of that great military outpost of the Pacific, com­ any other conditions? manding our defensive line, and of the halfway station to the Mr. NEWLANDS. I think that statehood would relieve her commerce of the Orient, would more than compensate for tlie economic conditions just as much as a Territorial form of govern­ disadvantages arising from the acquisition o! an undesirable ment, and no more. But I should regret to see her come at the people. present time into this Government as a full-fledged State. I be­ The population of Hawaii was small, aggregating not more than lieve there is a period of amalgamation through which any coun­ 120,000 people; and let me say that since annexation our Chinese­ try differing with ours in language and institutions should pass exclusion law and our immigration laws have been applied to those before becoming a St-ate in the Union. islands, and have resulted in a very large increase in the wages paid Mr. RICHARDSON of Alabama. But the gentleman does be­ to labor, and that this changewillgraduallyresult in the introduc­ lieve that it would be better for her to come in as a State than to· tion of white labor into those islands. I will further say that, if remain as she is now? the United States will pursue a wise policy regarding the pub­ Mr. NEWLANDS. I do. lic lands of those islands, and will dedicate them to settlement as Mr. ROBINSON of Indiana. Now, just one minute. The gen­ homes in small holdings, there Will be a gradual change in the tleman says that they are not fit for statehood now. They have population of those islands that will amaze the gentleman. been near us since the flood. If it takes them that long to gain a. We have not done our full duty to Hawaii since annexation. knowledge insufficient for statehood, how long will it take them We have not sufficiently inquired into her economic conditions to gain the knowledge to fit them to be American citizens to be and so legislated as to promote independent and self-respectfug entitled to statehood? citizenship there. But improvement has already been made, and Mr. NEWLANDS. That depends on the speed of our Ameri­ improvement will continue to be made, particularly if we gradu­ canization of that island. I believe it would be very rapid, and ally change their system of landed proprietorship and concentrated such was the evidence before our committee, which I would be ownership. glad to quote if time permitted. Under certain conditions I am The CHAIRMAN. The tjme of the gentleman has expired. prepared to vote for statehood, but I believe Cuba. will accept a. Mr. RICHARDSON of Alabama. I desire to ask the gentleman Territorial form of government, and I should prefer to have her a question. for some time in that relation. The CHAIRMAN. But the gentleman's time has expired. Mr. SHAFROTH. Does the gentleman from Nevada think that Mr. RICHARDSON of Alabama. I ask that his time be ex­ she will accept a Territorial form of government in view of the tended. legislation which we are now enacting toward the colonies? The CHAIRMAN. The gentleman from Alabama asks unani­ Mr. RODEY. She will not if the same promises are made to mous consent that the time of the gentleman from Nevada be ex­ her that were made to New Mexico, at lea.st not in the light of tended for five- minutes. Is there objection? [After a pause.] what New Mexico has received in the way of fulfillment of those The Chair hears none. promises. Mr. RICHARDSON of Alabama. Will the gentleman answer Mr. NEWLANDS. The gentleman will note that under these this question? I have listened with a great deal of interest to resolutions she is admitted as a part of the United States, andnot your argument about Cuba. What objection have you, and what as a territory subject to the United States; that the resolution reason is there under your resolution why Cuba should not be ad­ expressly provides that her people shall be citizens of the United mitted to statehood instead of being admitted in a Territorial con­ States, and not subjects. dition? Mr. GAINES of Tennessee. Yes; but did not the Supreme Mr. NEWLANDS. Because I do not think Cuba is as yet pre­ Court hold, under the gentleman's resolution annexing Hawaii, pared for statehood. that Hawaii was not a part of the United States, and the Consti­ Mr. RICHARDSON of Alabama. Why is it not prepared? tution did not extend there? Mr. NEWLANDS. I do not think its people have become suf­ Mr. NEWLANDS. That was before the legislation organizing ficiently familiar with American ideas and Ameri~ institutions Hawaii as a Territory. Under the act of organization she was Lto entitle her at present to become a State of the Umon. placed under the Constitution and not outside of it, and to-day 1460 CONG RESSION .AL -RECORD--HOUSE~: FEBRUARY 7,

our tariff laws apply to her and there is free trade with the States. which we plant.ed ourselves by the utterances of Congress and the Cuba's position would be similar under the resolutions I propose, President at the time of the inauguration of the Spanish war, which are not mere resolutions of annexation, but which fix the to the effect that we were not carrying on a war for territorial status of Cuba and her people. aggrandizement or the greed of conquest? Yet we have violated Mr. GAINES of Tennessee. Under the gentleman's resolution, that declaration. did that coUrt not hold that Hawaii is not a part of the United Mr. NEWLANDS. That is true so far as the spirit of the war States? You will find the opinions in 12 and 13, Hawaii Reports. resolutions is concerned. We have adhered to the lett.er as to Mr. WILLIAl\IS of Mississippi. Did not the Supreme Court Cuba but we have violated the spirit as to the Philippines. We practically decide that New Mexico was not a part of the United made no express declarations regarding the Philippines, however, States, that Arizona was not a .part of the United States under and the resolutions which I have introduced regarding Cuba fix the taxing clause of the Constitution? her status so explicitly as to leave no room for construction or Mr. NEWLANDS. I think it did in effect, though possibly it evasion, and I believe that Cuba can rely upon their enforcement might distinguish between an organized and an unorganized both in honor and in law. Territory. Mr. RODEY. The gentleman from Nevada said that this Gov­ Mr. WILLIAMS of Mississippi. Is there anything in your ernment has not violated its promise as to New Mexico and Ari­ resolution superior to that? zona. I wish to say that when New Mexico became a part of this The CHAIRMAN. The time of the gentleman from Nevada nation the promise of the treaty was that her citizens should be has expired. admitted to all rights and privileges as citizens of the United Mr. WILLIAMS of Mississippi. I ask that the time of the gen­ States at a time to be judged of by Congress. Now, I want to tleman from Nevada be extended five minutes. ask him whether he thinks fifty-five years is a reasonable time The CHAIRMAN. The gentleman from Mississippi asks that within which to have carried out that promise according to what the time of the gentleman from Nevada be extended five minutes. was in contemplanon of the parties to that treaty when it was Is there objection? [After a pause.] The Chair hears none. · signed? Mr. WILLIAMS of Mississippi. I want to say that I am in Mr. NEWLANDS. I think not, as to statehood; but the peo­ sympathy with what I know the gentleman from Nevada intends, ple of that Territory have become entitled to the full privileges but would his resolution, if adopted, put Cuba, as a Territory, upon of citizens of the United States. They are not subjects; they are any higher plane than New Mexico and Arizona now are, as a citizens of the United States, and in pursuance of the original law question? declaration both national parties in the last campaign pledged Mr. NEWLANDS. As a matter of law, possibly not; as a mat­ action regarding statehood, so that though statehood may have ter of honor, yes-- been somewhat delayed, it is assured, and this side of the House Mr. WILLIAMS of Mississippi. Ahl recently adopted unanimously a resolution in favor of giving Mr. NEWLANDS (continuing). Becausethisresolutioninvites statehood to New Mexico. her to come into the Union under the Constitution and laws of [Here the hammer fell.] the United States, her people to be citizens, not subjects. Mr. WILLIAMS of Mississippi. Now, I want to call the at­ APPENDIX. tention of the gentleman from Nevada to this fact, that the Ter­ [Extract from statement of Colonel Bliss, United States AI·my).. collector of ritories of Arizona and New Mexico became a parcel of the pub­ the port of Habana, before the Ways and Means Committee. !::iee Hearing, lic domain-that is as indefinite phrase as I can use-under a pages~ . ] treaty with Mexico, whereby their inhabitants were to become Mr. NEWLANDS. As I understand it, Colonel, the Cuban people wish to citizens of the United States, and they were to become a part of come into commercial union with the United States without being subjected to the burdens that political union would involve, such as exclusion of the the United States. Yet it is contended by the highest authority pauper labor of Europe and restriction of Asiatic immigration. The conten­ upon that side that we have a right to treat them, if we want to, tion, you understand, on the American side, in behalf of the beet-sugar in­ just as we have treated the Philippines or Porto Rico. - dustry and others, is that it would be unfair to have a. commercial union when the Americans are handicapped by restrictive legislation as to immi­ Now, would the gentleman's resolution be any higher appeal to gration and cheap labor, and the Cubans are not. our honor than the treaty with Mexico? Would it put Cuba upon A GENTLEMAN. And the payment of internal taxes. any higher plane legally? . Mr. NEWLANDS. Now, I ask you whether or not the Cuban people are pr~ pared to come into political umon with the United States so that they will Mr. NEWLANDS. Let me state to the gentleman that we stand upon an equality in the production of sugar? - have not violated that understanding with either Arizona or :N" ew Colonel BLISS. I think, judging from my own personal acquaintance and Mexico. from information derived from it, that the great majority of Cubans are ready. Mr. WILLIAMS of Mississippi. But we have asserted the right Mr. NEWLA.NDS. They are ready to come into political union? to violate it. Colonel BLISS. Yes, sir. Mr. NEWLANDS. That is another thing. Mr. NEWLANDS. Do you mean by that that they are willing to come in as a part of the United States under a TeiTitorial form of government under Mr. WILLIAMS of Mississippi. We have no motive to violate the Constitution, their people being citizens, and wait until the United States it, because, as regards Arizona and New Mexico, there has been is ready to admit Cuba to statehood, or do you mean that they would require no sugar or no tobacco interest to stir up Congress to do it. But immediate statehood? Colonel BLISS. From all those people who are interested in any way per­ the sugar and tobacco interests will still continue to operate so sonally in the island of Cuba I have never heard but one statement-that they far as Cuba is concerned. The motive will be there; and we have would be glad to come in as a. TeiTitory, as a colony, or remain under the asserted the right. present military administration, or in any way so as to become r ecognized as a part of the United States. Mr. NEWLANDS. But we can provide for that in these resolu­ Mr. NEWLANDS. Now, then, if the United States Government, in the place tions. I quite sympathize with the gentleman in his view regard­ of tariff concessions, should, by joint resolution adopted by Congress, invite ing the decision of the Supreme Court, to which he refers. I Cuba to come into our political union, first as a Terntory, with the assurance that in due time she would be admitted to statehood, do you think that invi­ regard that decision as unfavorably as the gentleman himself tation would be areepted by Cuba? does. But if these resolutions, which will bind the good faith Colonel BLiss. !think it would; yes, sir. of the United States, expressly declare, as they do, that we * * * * * • * invite Cuba to.a Territorial form of government, with assur­ Mr. NEWL.A.NDS. Colonel, do you -think the Cuban climate is ad~~opted to Americans? ance of ultimate statehood and with a temporary provision for Colonel BLISS. Yes, sir; perfectly. a Delegate in Congress, and that all the privileges and guaran­ Mr. NEWkU.TJ>S. That they can live there generation after generation ties of the Constitution shall apply to her and her people, I do not without degeneration? Colonel BLISS. I can not answer you further than my own generation, believe that the Congress of the United States-whatever may be and, in fact, not for all of that one. I have lived there three years, and have the view of its power-will violate that assurance; and I do not worked hard in all the variations of climate that they have ther e. I feel as believe that to-day you can get the Congress of the United States well now as I did when I went there, and I see no reason to think that if I to pass discriminating laws against Arizona or New Mexico, even were there twenty-five years longer it would make any differ ence. Mr. NEWLANDS. You were spe:~.king a few moments ago r egarding the though the Supreme Court should declare that Congress has the sentiment there as to political union with the United States. Do you derive power to do so. Besides that, I do not believe that Congress could that sentiment from communications with Spaniards, or from communica­ tion with Cubans? violate the provisions of its solemn act inviting Cuba into the Colonel BLiss. With Spaniards, with Cubans, with laboring men, and with Union, or that the Supreme Court would so decide. everybody except a certain class of Cuban ~liticians. Mr. WILLIAMS of Mi sissippi. I admit that there never will Mr. NEWLANDS. That is a small class, is 1t? be any such discriminating laws applied to Arizona and New Colonel BLiss. Comparatively a. small class; yes, sir. Mr. NEWLANDS. Take the leaders in the late war with Spain- the Ouba.n Mexico, because the motive does not exist. If the motive did leaders-what is their sentiment regarding it? exist-if there were any private inteFests to bring about such dis­ Colonel BLISS. I think that, as a matter of fride, a.t least, all of those men crimination-! believe there would be discriminating laws of that would prefer to see an independent Cuba. think-in fact, I know- that there are some of these who have no hesitation in saying that after the pride description, because this Government, as the gentleman knows, of their :{>OOple has been satisfied they will gladly welcome the next step in is run to a very large extent by private interests. the solution of this problem. But what I wanted to ask the gentleman was this: Talking of Mr. NEWLANDS. As a permanent arrangement, do you think they would prefer simply a commercial union with this country, with tariff concessions the matter of good faith, could there be any higher plane of good on both sides. or political union, which, of course, would involve complete faith on which any nation could plant itself than the plane on commercial union? · 1902. OONGRESSIONAL RECORD-HOUSE. 1461 I Colonel BLISS. Th:lt I do not know, sir; bnt I am satisfied that in bring­ Now, the hardship and the ground for criticism, in view of the ing about this commercial union of which you speak, any condition that you choose to impose will be gladly accepted; any modification in any law, or the amount paid, is this, that the judges, local and supreme, in the creation of any new law.< will be gladly made by Cuba to secure that which Philippine Islapds get only $5,000 a year. The climate affects is all she asks no,v, I oelieve, viz, closer commercial relations with the their health just as much, with a $5,000 salary, as it does the health United States. Mr. NEWLANDS. Do you think their disposition as to a political union with of the governor and the commissioners, with their large salaries; this country arises from these commercial considerations; or do other consid- but the Filipino foots the bill. He is taxed, battle scarred, bruised, erations enter into itP · stripped of his property, the victim of war with us the victim of Colonel BLISS. I think it all grows out of the commercial considerations. Mr. NEWLANDS. It is represented here that there iS intense hostility upon the tyranny and outrage of Spain in the past, yet he is footing the the part of Cubans to America. bill, and he says! "Is it fair? Give us soon a government of our Colonel BLISS. There is on the part of a certain outspoken element; yes, own and we will furnish less expensive officers.'' The Americans sir. Mr. NEWLANDS. Is that a large proportion. foot the bill to some extent, in this, that we pay a tariff to get Colonel BLISS. I think it is a very small :proportion, largely represented om· goods into the Philippine Islands. .The Filipino pays it twice. by the political men of whom I speak, whose 1m.mediate hope for the gratifi­ He pays an export duty when he ships goods out, and he pays an cation of their pride and their ambition is in the establishment of an inde­ pendent government. import duty when he ships them in. He pays an export and * • • • • • . • import duty to us to get his goods here; a double tax if the House Mr. NEWLANDS. You have spoken of the American influx that would fol bill becomes the tariff law of that island. low settled conditions there. Do you think Americans there would take hold If of the soil and till it? Do you think they would take up small holdings there? Mr. ROBINSON of Indiana. I may interrupt the gentle­ Colonel BLISS. Oh, yes, sir. man, I want to suggest one further explanation of the amend­ Mr. NEWLA.NDS. Is that climate adapted for Americans in that kind of ment. If this carries, which I think it will, I propose to provide work? that $10,000 of this shall come out of the Philippine treasury. Colonel BLiss. Perfectly; perfectly_. It is warmer in winter and cooler in summer than almostanypartof the United States with which I am familiar. :Mr. GAINES of Tennessee. To be brief, I know the climate. I do not know of a more delightful climate, winter and summer, than the I simply want to state these facts, because I know them of my island of Cuba, so far as concerns any part of the island that I have visited. Of course, the effect that would be produced on a second generation or a own personal knowledge. I have never been in Oklahoma, but third generation is something that I do not know and can not foresee; bnt I you all know that is a healthy country. I know a great many am acquainted with many Americans, Englishmen, Germans, Frenchmen, people from my own country go there, and it seems to me that and Spaniards who have lived in Cuba from a quarter to a half a century, the representative from that Territory FLYNN] is a very and who have suffered no deterioration that I can see, either physical or oth­ [Mr. erwise. I know a good many Americans, small planters, people who have healthy-looking man. So, the question of climate cuts no figure come down and bought 00, 4.{), or 50 acres of land and are raising vegetables in the size of a salary in Oklahoma. There are no climatic or and oranges, who have found tha.t the bm;iness is not successful because they can not export anything to the United States. They find that the price they tropical diseases there to decay the white man's body and mind. get for a barrel of oranges on the wharves of Ha.bana is counterbalanced by There is in the Philippine Islands. the duty they have to pay in New York. Now, what are the official reports of the health conditions in Mr. NEWLA.NDS. Do these Americans labor themselves, or do they employ the Philippine Islands? What does Surg. Charles F. Mason say peonlaborf Colonel BLISS. Oh, those whom I have in mind are people that go out and in General Sternberg's last report. He says: work in the fields themselves. I do not believe there is any such thing as acclimatization of white men in [Additional statement of Miguel Mendoza on behalf of the Cuban delegation tropical climates, and that their health gradually deteriorates and they be­ before the Ways and Means Committee. See hearing, page 403.] come less fit for ~tive service. Mr. NEWLA.NDS. Now, Mr. Mendoza yon heard Colonel Bliss's statement This expert who has studied the diseases of the Tropics, and who regarding the sentiment there as to political union with this country, or an- nexation? · went there for the purpose of investigating them, says there is Mr. ME:SDOZA. Yes, sir; I quite agree with him. no such thing as acclimatization of the white man in tropical [Extract from statement of Henry T. Oxnard, president American Beet climates. Sugar Association. See hearings, page 178.] What does Surgeon Greenleaf state officially in his last report?

Mr. NEWLANDS. Then your contention is1 if a reciprocal arrangement is Seasoned soldiers of proper age, disciplined and intelligent enough to ap­ made with Cuba, the labor of this colllitry Will eventually be competing with preciate the primary rules of hygiene, and moderate in their habits, remain. Chinese labor in Cuba? The proportion of Slckness among such men as these would be surprisingly Mr. OXNARD. Yes sir. . small but for two adverse factors. t Mt·. NEWLANDS. Now, yon said if Cuba is annexed to this country and The first is the inevitable undermining of the strength of the moat robust brought inside of our tariff wall and free trade prevailed, of course- by tropical service. Mr. OXNARD. Exactly. Mr. NEWLA.NDS (continuing). Between all theStatesofthis Union and Cuba. Was there any man ever more robust than Governor Taft, any that those conditions would be such that the beet-sugar interests of this man more robust than Judge Ide, any more robust than. General country could compete with the production in Cuba. On what do you base that? Do you base that on the assumption that American wages will prevail Funston, any more robust than our colleague from Iowa [Mr. there? HULL], who has been sick since he returned from the Philippine Mr. OXNARD. Exactly. Islands? Further, what does another one of these experts say? Mr. NEWLA.NDS. And also the cost of materials and supplies will be the cost in a. protected market, instead of in a free-trade market? Dysentery prevails throughout the year, but there is a marked increase in Mr. OXNARD. Tha.t is my position exactly, and I pointed to the case of the number and severity of the cases at the commencement of the rainy sea­ Hawaii, which, by practical test, greatly increased the cost of J?rodncing son and a progressive increase in both respects until a maximum is reached sugar under annexation. I will let the gentleman from Hawan tell you toward the end of August. It is by far the most serious disease which at­ exactly what it is, but there has been a tremendous increase in the cost since tacks the white soldiers in the Tropics, both as regards its mortality and its it has been making sugar in a protected market. invaliding effects. Out of 32 deaths from disease in the Twenty-sixth United Mr. SWANSON. You would prefer having free trade with Cuba than an States Volunteer Infantry during its first year of service in the Philippine immense reduction in the tariff. I understood you prefer havinE? Cuba an­ Islands, 16 were from dysentery and its complications and 10 more from nexed and have free trade as it is between the States of the Umon than to typhoid fever. have an immense reduction in the tariff? BOILS, ABSCESSES, L"1D LEG DLCERS co :~OIO:S. Mr. OXNARD. I do not hesitate a. minute on that point, not one. Boils, abscesses, and leg ulcers are very common, the latter especially dur­ ing campaign, when it is impossible to keep the underclothing clean. Though Mr. GAINES of Tennessee. Mr. Chairman, my friend from not dangerous to life, these seemingly trifling ailments put a large number Indiana [Mr. ROBINSON] has descanted considerably on the salary of men out of service temporarily and correspondingly swell the sick report. of Governor Taft as governor of the Philippine Islands. Now, DEAFNESS A.ND EAR TROUBLE. as the matter was stated yesterday here by me in debate and to­ Su:ppurative inflammation of the middle ear with perforation of the drlllll:' day by the gentleman from Indiana, there needs to be made an head 1s of frequent o::lcnrrence. It is insidious in its commencement, often explanation, so that we may not be ignorant of the facts when we deafness and sudden discharge of pus baing the first symptoms noticed. criticise this $20,000 salary of Governor Taft. The fact is, as Upon examination an acute catarrhal pharyngitis is usually found. you gentlemen all know, that Governor Taft, when appointed to The· CHAIRMAN. .The time of the gentleman from Tennessee this place, was receiving a salary of $6,000 as circuit judge, which has expired. he resigned. At the urgent solicitation of President McKinley, Mr. GAINES of Tennessee. :Mr. Chairman, I ask unanimous he accepted this office. It is true, it was his own voluntary act. consent to proceed for five minutes. Now, what are the conditions which surround him, and what Mr. HEMENWAY. I ask unanimous consent that the gentle­ are the conditions which surround every other white man in that man have leave to print. We want to go ahead with the bill. climate? The fact is, when he goes there he stares the hospital in Mr. GAINES of Tennessee. I can finish in three minute . I the face; and Governor Taft, although he has not been in the simply want the House to hear the facts on this question, which hospital, has been quite sick, and had to return home on that shows the justice in one sense and injustice in another of this account. We see in the morning's paper that General Funston $2,000 salary. has just come off the surgeon's table for the second time, after The CHAIRMAN. May I ask unanimous consent that the having been only about two years in the Philippine Islands, where gentleman have three minutes' time? he showed himself to be a strong, sturdy, magnificent American Mr. GAINES of Tennessee. I do not want to do or see done soldier. He had to return to regain his health, following the rule any injustice to any man on earth, whether he is under the Con­ a11d practice. Judge Ide is on leave of absence for his health. So stitution or outside of it. that in accepting a position over there Governor Taft, I take it, The CHAIRMAN. Without objection, the gentleman will pro­ verynaturallysaid: '' Thetearegreatrisks formeto run. I want ceed for three minutes. to be paid commensurate with the service." And so they gave There was no objection. him $20,000, and his associa.te commissioners get $15,000 each­ Mr. GAINES of Tennessee. Now, what else does this expert four of them. say? 1462 CONGRESSIONAL RECORD-HOUSE: FEBRUARY 7,

BUBOES AND SUPPURATION PREV~'T. Mr. FLYNN. Mr. Chairman, the legislative assembly of Okla­ Ano~er i~terestu;g condition is ~e prev;a.l!'lnce of buboes, both in the groin homa is composed of 13 members in the council and 26 members nnd axilla, without discoverable pomt of ongm. Frequently a careful exami­ nation of the tributary lymph district fails to reve8.1 any lesion whatever, in the lower house. They are apportioned among the various and this though the bubo may proceed to suppuration. counties of the Territory in proportion to their population. Last Bathing in the waters in the Philippine Islands produces deaf­ August there were 4,000,000 acres of new land opened up in Okla­ ness; it produces the dobey itch, that bores into the flesh and homa, out of which were created three new counties. There is bores to the bone, and continues to bore, which can not be cured no method whereby the people residing in those three counties­ unless you burn it or come back to the cold climate of America and I presume there are from 75,000 to 100,000 people in them­ or go to Japan. It continues, if it is not cured, until it becomes are included in any legislative district, and whereby they can a runnirig ulcer, and that is a condition which occurs to the have even a vote in the next legislature unless there is a reappor­ healthy as well as the weak-white, brown, and black people. tionment made in the Ten-itory. Similar legislation was enacted Now, Mr. Chairman, I have heretofore stated that the death by Congress providing for a reapportionment in the Fifty-third rate in Manila was 30 per cent of the children. I take the figures or Fifty-fourth Congresses. To allow the new counties repre­ I use from General Sternberg's official figures. sentation in the Territorial legislature it is necessary to have such :Manila has a population of 242,730, and the board of health of an amendment as this. Hence I have offered this amendment in Manila reports in the last war report, at page 138 and 139, and fur­ the interest of the people who are there. I believe that they should ther says: be given the same rights of representation that the other people The number of deaths was 8,671, an annual rate of 4-2.54 per 1,000, exclusive have who reside in the various other counties in the Territory. of the Army and Navy. Twelve cemeteries and one crematory are in charge Mr. STEPHENS of Texas. Mr. Chairman, I believe that the of the board of health. amendment is necessary and just. It applies to the three new Out of 254 bubonic plague cases 199 died. From March 10 to counties created by the act, under which a part of the Indian res­ April 10, 1901, the total rA.IID.ber of prisoners of war was 4,149; ervation was opened up, and as the gentleman from Oklahoma total sick, 1,336. Between August 1,1900, and April30, 1901, the ve~ properly say~, there are probably from 75.000 to 100,000 peo­ total number of invalids sent home for treatment was as follows: p~e 1? those counties. who have been added to the territorial juris­ Regulars, 1,132; volunteers, 2,861; total, 3,993. Between April diction. No apportionment was made in reference to the new 30, 1900, and April 27, 1901, there were 526 men sent home from Territory, and it is nothing but just and right that that Territorv disability, and this report states: should be reapportioned. so that these citizens will have the right This is a .la.rge number t{) lose in less than a year's time, but every care to be represented both in the house and in the council. They has been taken to select cases for discharge, and it is not likely that the figures call the senate the council in that Territory and the house of rep­ will be improved upon as new troops come in. resentatives and council makes the legislature; am these threa The average daily report of deaths was 3.6 as compared to 4. 7 in counties under the reapportionment proposed by this amendment the last report (of the War Department) between the months of would be allowed representation in the legislative body. August 1, 1900, and April 30, 1901. The CHAIRMAN. The question is on the adoption of the On page 138 this report states: amendment. The transportation of over !~000 invalids, insane and men to be discharged :Mr. LACEY. Is .tJ:ere no provision.in the original act by which on surgeons' certificate of disaoility to San FranciSCO1 has been successfully carried out, and from what I can unofficially gather, great improvement is you could have additional representatives for these three counties taking place in the condition of the large majority. Deaths have occurred without having this new apportionment? from dysentery and other diseases, but on many occasions after careful J\Ir. FLYNN. The organic act stops that. deliberation and on the urgent prayers of the patient the men were sent home The CHAIRMAN. The question is on the amendment. as a last resort. The question was taken; and the amendment was agreed to. This is from General Greenleaf's report, May 31, 1901. The Clerk, proceeding with the reading of the bill, read as fol- The Philippine climate causes insanity, but the patients recover lows: by returning them home to the United States; that is, 46 out of For repair of granite columns at nortb.east approach to the building, $1,525. 180 which came from the Philippine Islands last year recovered by reason of the sea trip. and coming home. Mr. BELL. Mr. Chairman, I offer the amendment which I send to the Clerk's desk. Colonel Greenleaf says: The Clerk read as follows: Almost all the cases of melancholia. will be found upon examination to be due to nostalgia, and as a rule in these cases the prognosis is very favorable On page 87, after line 21, insert: provided the patient is transferred to the United States. "Tha~ hereaf~r no J>nblic bup.ding or t!I-e approaches the1·eto other thnn the Capit-ol buil~g .and the White House, m ~e District of Columbia, shall Now, let us see what the effect of the climate is on the soldiers be use9- or occ~p1ed m ~Y manner _whatever m connection with ceremonies who go to do battle. The soldiers in China were in the Philip­ atten

1902. CONGRESSIONAL RECORD-HOUSE.. about $3,000, were nearly ruined. Three members of the Cabinet met and asked the commander in charge to demand that this committee. of the District of Columbia make this good. They ~ppealed to the committee to put up $3,000 to repair this entry way to the War Department. The committee ignored the com­ mander. He went back and appealed to the committ-ee, saying that the Secretary of War and the Secretary of the Navy and the Secretary of the Treasury had demanded that this request be heard. that it was very offensive, and that it was not due courtesy to these officers that they should be ignored. They had a meeting, and these private committeemen decided unanimously that they would not contribute one cent to the repair of the damages done by reason of this fire. They said they were not a private corporation, that they were not individually re­ sponsible. Then the Government official said to them: "You haYe speculated on the Government's property, you have paid all of the bills, and now you have $5,000 in the treasury as a surplus; you apply that to making these damages good, and if it is not suf­ ficient we will not ask any more." The CHAIRMAN. The time of the gentleman from Colorado has expired. Mr. BELL. By the consent of the committee it was understood that I should have what time I wanted, not to exceed thirty min­ utes. I want about five minutes more. The CHAIRMAN. Without objection, the time of the gentle­ man from Colorado will be extended five minutes. There was no objection. Mr. BELL. Now, they subsequently ignored the demand of the Secretary of War and everybody else and took that $5,000 and distlibuted it in the District of Columbia, and we are called upon now to make this appropriation for the purpose of rebuilding what this private committee destroyed while they were using this prope1'ty. Here the War Department presents that splendid gate­ way, that splendid approach, before this private committee was permitted to build this platform, and then they show in another column how it was left after the fu-e. flJE DAMAGED GRANITE COL~S IN FRONT OF THR STATE, W.AB, AND NAVY DEPARTMENT BUILDING.

After the flre. The correspondence is extensive, showing the most arrogant treatment from this committee to the entire force of the Govern­ ment in charge. They voted unanimously that they would not apply a dollar to this repair, though they had had the use of this property and had rented it out for large profits, and it was destroyed while so occupied by the committee. Now, as I understand, every member of the Appropriation Com­ mitteewhomihaveheardexpresshimselfisinfavorofthisamend­ ment, and I do not want to go further, except I will ask unanimous consent to further extend my remarks in the RECORD, as I want to print the entire correspondence between this private committee and the officers of the Government, showing their arrogant con­ duct relative to the injury of this magnificent gate and entrance and the gross abuse of the confidence of the officers of the Govern­ ment, and the disposition to heap every possible expense on the Government, whether right or wrong. The CHAIRMAN. The gentleman from Colorado asks unani­ Escutcheon placed on the gates by General Casey, marking them as mous consent to extend his remarks in the RECORD. Is there ob­ the approach to the State, War, and Navy Building. jection? [After a pause.] The Chair hears none. Mr. BARTLETT. What is the gentleman's amendment in brief? . Mr. BELL. The amendment is that hereafter no building ex­ cept the Capitol and White House, nor the approaches to build­ ings, shall be used in these inaugural ceremonies without the ex­ press consent of Congress. Mr. liEM:ENw A Y interrogated Commander Baird as follows: On the top of page 152 you have an item, "for repair of granite columns a-t northeast approach to the building, 1,525." What is the matter with those columns? Commander BAIRD. Those columns were burned. Here is the building as General Casey finished it [exhibiting photographs]. That waa the approach and here is the way the gates looked then. When the inauguration stand was put up, they let it catch fire, and that is the way the columns look now. Here is the escutcheon placed on the gates by General Casey, marking them as the approach to the State, War, and Navy building. You see here the anchor of the Navy Department, the eagle for the State Department, and the gun for the War Department. Mr. HEMENWAY. Under what authority did this com.nllttee erect a stand there at the inauguration1 Commander B.AIRD. There was a resolution, I believe, which permitted them to erect a stand on public reservations. Mr. HEMENwAY. Was their attention called to the damage done by thls fire? Commander BAIRD. Yes, sir; I ha. ve the whole correspondence here, a. copy •of it. . Mr. lilmENwAY. Will you furnish copies to go into the hearing, and you Before the flre. can tell us briefly what they are?

·, 1464 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 7, I

0FFIOE OF SUPERINTENDENT, G. STATE, WAR, AND NAVY DEP ARTliENT BUILDING, OFFICE OF SUPERINTENDENT, Washington, D. 0., March 16, 1901. STATE, WAR, AND NAVY DEPARTMENT BUILDING, The COMMISSION FOR THE Washington, D. C., April ~. 1901. STATE, WAR, AND NAVY DEPARTMENT BUILDING, The COIDIIRSION FOR THE Washington. STATE, WAR, AND NAVY DEPARTMENT BUILDING, GENTLEMEN: I have the honor to report that the fire which occurred last Washington. rught in the observation stand which extends over part of our iron gates, on GENTLEMEN: On the 16th of March I reported that a. fire, which occurred Executive avenue, has seriously damaged the corners and carving on the in one of the observation stands the night before, had seriously injured the granite pylons which carry the gates. granite columns which carry the iron ~tes, the eastern approaches to this These gates were erected out of the appropriation for this building, and, as building. By direction of the Secretanes of State, War, and the Navy, I ad­ approaches, have ever been regarded as part of the building. dressed a. letter to the chairman of the inaugural committee (copy attached I beg permission of the Commission to address the chairman of the inau­ and marked "A"), stating that the Government expected that committee to gural committee, claiming indemnity. repair the damages. With great respect, your servant, G. W. B.A.IRDl The reply of the chairman (copy inclosed and marked "B ") stated that he Commander, U. 8. N., Superintenaent. had no doubt that the action of his committee would be satisfactory to the Approved: Government, and, after a meeting of his committee, he would communicate JOHN HAY, Secretary of State. further with me. ELIHU ROOT, Secretary of War. His committee met and discussed the subject, but he failed to inform me JOHN D. LONG, Secretary of the Navy. of its action, a.nrofits of their observation stands and the ball. Washington. Their stand, which was built of highly combustible material (white pine My DEAR Sm: Your letter of the 16th instant informing me that the Gov­ tarred paper, etc.), was not promptly removed, as had been done before, but ernment would expect the committee to make good the damage to the ~r:anite remained for more than ten days, even though I had requested its prompt pylons in front of your Department, caused by the burning of the Pres1dent's removal. reviewing stand, is received . As the committee no longer replies to my letters, nor in any way signifies .All the circumstances in the ease will be considered, and the matter laid what its purpose is .I beg that ~·ou invoke the highest legal advice as to ita before the inaugural committee, and further reply made to your letter. responsibility, joinuy1 or severally. There is no doubt but what the action of the committee will be satisfactory With great respect, your servant, to the Government. G. W. B.A.IRD, Very truly, JOHN JOY EDSON, Chairman. Commander, U. S. N., Superintendent.

D. H. 0F1l'ICE OF SUPERINTENDENT, STATE, W A.R, AND NAVY DEPARTMENT BUILDING, INAUGURAL COMMITTEE, 1001, Washington, D. C., .April4, 1901. Washington, D. C., .Apt'il f6, 1901. Mr. JOHN JOY EDSON, Commander G. W. BAIRD, Chairman Inaugural Committee, Washington Loan and Trust Building. Superintendent State, War, and Navy Department, City. DEAR SIR: Thanking you for your letter of the 19th ultimo, in reference Sm: Since the receipt of '-our last two letters of the 4th and 5th instants, to the destruction of the stone columns of our iron gates, I beg to invite your calling t'l!-e inaugural co.Illllllttee's .a~ntion to the damage ca.~ed by fire by attention to the remarks in the Evening Star of last night, in which is printed the burnmg of the PreSident's reVIewmg stand, and the resulting damage to the subjectfl your committee proposes considering at its next meeting. In the gates and pylons under your charge, Commissioner Macfarland and this list of subjects I find no mention of our granite columns. I trust you myself have had an interview with the Secretary of War explaining the will not overlook that subject at your meeting. position taken by the inaugural committee. With great respect, your servant, G. W. BAIRD. The inaugural committee, after careful consideration, are of the unani· mous opinion that it should not be expected to pay these damages. Thanking you for the courtesies always extended to the committee during the arrangements for the inaugural ceremonies, I remain, E. Very respectfully, 0F1l'ICE OF SUPERINTENDENT, JOHN JOY EDSON, STATE, WAR, ..U.TD NAVY DEPARTMENT BUILDING, Chairman.. Washington, D. C., .Aprt'Z 15, 1901. JoHN JoY EDsoN, Esq., Chairman Inaugural Committee, 1901, Washington. L DEAR Sm: A month ago, in obedience to the order of the Secretaries of OFFICE OF SUPERINTENDKN'T, State yYar, and Navy, !addressed you a. letter calling attention to the injury STATE, WAR-, AND N A. VY DEPARTMENT BUILDING, done w1 our granite columns by the fire which occured in your observation Washington, D. C., April !7, 1901. stand. . Hon. ELIHU ROOT, In your reply, dated 19th March. 1001, you informed me that the circum­ Secretary of War. stances would be considered and laid before the committee, and further reply Sm: I beg to inclose a. letter just received from the chairman of the in­ would be made to my letter; you added that "there is no doubt that the augural committee, and to invite your attention to my letter of the 22d in­ action of the committee will be satisfactory to the Government." stant on the same subject. It is currently reported that your com.IDlttee had a. meeting about ten days The committee used Government property and space for profit, and now ago and that the subject of the damage to our columns was discussed. has in its possession about $5,000, for which it 'has no other responsibility than It is due to the three Cabinet officers that you inform them, as promised~ to repair the damage done our handsome granite columns; but these gentle­ what action was taken by your committee in reference to our damagea men now declare themselves of "unanimous opinion" that the Governme-nt property. . should not expect them to make good the damage done to om· gates by one With great respect, your servant, G. W. BAIRD, of their employees. Comma11.der, U. 8. N., Superintendent. With great respect, your servant, G. W. B.A.IRD F. Commander, U. S. N., Supe1·inte;dent. Aprill6 Mr. Edson made a personal call upon the superintendent of the State War and Navy Department building in r eference to the superintend­ J . ent's letter 'of the 15th. Colonel Bingham was present. Mr. Edson disclaimed discourtesy to the Secretaries of State War, and WAR DEPARTMENT, Washington, .April 90, 1901. Navy in his delayed replies to their communications, and stated t;hat1 in the SIR: Referring to our conversation the other day about the responsibility interim his business had been greatly neglected and he was trying to catch up. for the injuries to the granite posts and iron gates appurtenant to the State He said his committee could not afford $3,000 to replace the co1umns. The War, and Navy buildi.llg, caused by the burning of the inauguration stan~ l:!l!Perintendent said, "It will not require $3,000," and "If the Secretary of it seems to me that, assuming that there was no negligence or failure of duty War will allow me to set a. piece in the large column. I can then, by cutting on the part of. t~e persop.s_ employed to erect and remove the stands, the ex­ down the larger pieces to make like :parts for the smaller ones, get it done pense of repan"IDg the InJUry ought to be treated as one of the expenses to inside of $1 700." Colonel Bingham srud, "No one would expect you to give be paid out of the fund raised by selling the seats on this very stand and beyond the'means you have in your possession." Mr. Edson stated that he other similar stands, and that the committee ought not to apply that fund to would go with Commissioner Macfarland the next day and lay the matter any other pur_pose,leaving the injury caused by the erection of the stand­ before the Secretary of War. The superintendent understood that the pur­ which gave rise to the fund-to be paid by the Government, under whose pose of the visit to the Secretary was to propose setting the piece in the license the stand was raised. large column to reduce expense of repairs. Instead of this, however, Messrs. · I .su gg~ that the amount necessary should be paid out of the fund, under Edson and Macfarland requested the Secretary of War to remove the col­ a. stipulation that the payment should not be deemed to be acknowledgment v.mns entirely. This the Secretary refused to allow. of any personal responsibility or the discharge of a. personal obligation, but 1902. CONGRESSIONAL RECORD-HOUSE. 1465 the appropriation of a portion of the fund to meet an expense properly and skilled mechanics, 1 at S900 and 1 at $7ro; 2 carpenters, at $900 each; 2 skilled specifically chargeable against the fund itself. mechanics, plumber and electrician, at $900 each; llaborer, $600; 6laborers, Very respectfully, at $480 each; 1 packer, $660; conductor of elevatorJ.. $1ro; 4 charwomen; captain ELffiU ROOT, Secretary of War. of the watch, $1,CXXJ; 40 watchmen; additional to ~ watchmen acting as lieu­ JOHN Joy EDSON, Esq. tenants of watchmen, at $lro each; engineer, $1,200; assistant engineer, $1,00); Chairman Inaugural Committee, 1901, and 7 firemen; in all, $3U,fl0. Washington Loan and Trust Building, Washington, D. C. Mr. CANNON. I offer the amendment which I send to the The conduct of this private committee should be a timely warn­ desk. ing to the Government in the future against turning its property The Clerk read as follows: on the inauguration of a President over to any private parties, In line 7, page 97, insert after the word "dolla.rs" the words "and for ad­ and other unseeming conduct should also cause Congress to make ditional compensation while the office is held by the present incumbent, $1,500." early provisions against future combinations to raise prices on the Mr. CANNON. Mr. Chairman, I do not know that it is neces­ recurrence of these occasions. Now, Mr. Chairman, I ask for a sary for me to state the necessity for this appropriation. It was vote. not reported lw the full committee, although canvassed in the The question was taken; and the amendment was agreed to. committee, but 1 was placed at liberty by the committee to offer The Clerk read as follows: the amendment on the floor of the House. I believe it ought to Contingent expenses of branch offices at Boston, New York, Philadelphia., be adopted. Baltimore; N orfolk Savanna.h, New Orleans, San Francisco, Portland (Oreg.), Portland \Me.), Chicago,1 Cleveland, Seattle Bufi&lo, Duluth, Sault Ste. Ma­ The amendment was agreed to. rie, and Galveston, including furniture, fuei, lights, rent and care of offices, The Clerk read as follows: car fare and ferriage in visiting merchant vessels, freight and express Indian Office: For the Commissioner of Indian Affairs, $l,CXXJ; Assistant charges, telegrams, and other necessary expenses incun·ed in collecting the Commissioner who shall also perform the duties of chief clerk,$} 00); financial latest information for the Pilot Chart, and for other purposes for which the clerk, $2,00); chlef of division, $2,00); principal bookkeeper, $1,SOO; 5 clerks of offices were esta.bli8hed, $30,00). class 4; 15 clerks of class 3; ara.ftsman, $1,600; draftsman, $1,500; architect, $1,500; stenographer, Sl,trn; stenographer, $1,4.00; llclerks of class 2; 26 clerks Mr. JONES of Washington. I offer the amendment which I of class 1; 14 clerks, at $l,CXXJ each; 1 stenographer, and 1 clerk to superintend­ send to the desk. ent of Indian schoo18, at $1,00) each; 17 copyists; 1 messenger; 4 assistant mes­ The Clerk read as follows: sengers; 3laborers; messenger boy, $360; and 4 charwomen; in a.ll, $138,320. In line 23, page 91, strike out " Seattle" and insert "Port Townsend." Mr. MONDELL. I offer the amendment which I send to the Mr. JONES of Washington. Mr. Chairman, the provision in desk. the bill as it now stands is a change of existing law. Under _exist­ The Clerk read as follows: ing law Port Townsend has one of the branches of the Hydro­ In line 22, page 100, strike out the words "one clerk" and insert "two graphic Bureau. The effect of the amendment is to make the pro­ clerks." vision comply with the existing law. The provision in the bill is Mr. MONDEL'L. Mr. Chairman, this amendment is intended subject to a point of order, but I do not wish to make it. to furnish an additional clerk for the superintendent of Indian We have no districts in the State of Washington, but I have the schools. I ask to have read a communication from the Secretary honor to represent in part the whole State. I am endeavoring to of the Interior relative to the necessity for this additional clerk. represent each locality fairly, regardless of size or location. While The Clerk read as follows: DEPARTMENT OF THE INTERIOR, there is considerable rivalry, and commendable rivalry too, among OFFICE OF INDIAN AFFAIRS, the different cities of our State, I am satisfied that Seattle would Washington, NCYVember !0, 1901. not desire to do anything to the prejudice of the city of Port Town­ Sm: I have the honor to request that one clerk of class 2 be allowed the send. Seattle is a large city, Port Townsend is a small one. The superintendent of Indian schools. A clerk of the class named for the BU:{)8r­ people of Seattle are too large hearted, however, ask for this intendent is an absolute necessity, owing to the fact tha.t at the present time to stron~ efforts are being put forth to place the schoolroom work upon a more change. They do not desire to take from any city anything it now practicable basis, as will be seen by the course of study for the Indian schools has, and I am satisfied that they have not requested it. It was recently issued by this Bureau; and in order that the schools may be properly graded the supermtendent is compelled to spend much time in the field. probably suggested by some of the hydrographic force. I am glad to state that the recommendations of this office relative to giv­ Port Townsend is the port of entrance and clearance of Puget ing agricultm·e and industrial occupations the importance that is their due Sound. It is the point where ocean vessels first touch, and where are receiving cordial support throughout the service. Respectfully, ' they first report to the officers of the custom-house. There is a W. A. JONES, Commissioner. Government building at that point, and I suppose that this office The SECRETARY OF THE INTERIOR. could be accommodated in that building without any additional P. S.-I resoectfully request that this matter be made special, as it is de­ expense for fuel, light, rent, etc. sh·ed to have this item incorporated in the estimates befoPe they are printed. W.A.J. I think this change of existing law ought not be made, and that [Indorsement.] the> office ought to be continued at Port Townsend, at least until DEP A.RT:Mn""T OF THE INTERIOR, some strong reason is presented here in favor of a change. November 1!1, 1901. The question being taken, the amendment of Mr. JoNES of RespectfuU¥ forwarded to the honora.ble Secretary of the Treasury ap­ Washington was agreed to. proved, a.nd it IS recommended that the item be incorpora. ted in the estimates Mr. JONES of Washington. I offer another amendment, which of Indian Service for :fiscal year 1900. I ask the Clerk to read. E. A. IDTCHCOCK, Secretary. The Clerk read as follows: :Mr. MONDELL. Mr. Chairman, I think it is not neccessary After the word "building," in line 23, on page 91, insert the following: for me to add anything to what the Commissioner of Indian Affairs "Five copies of any pilot chart issued by the Hydrographic Office shall, on and the Secretary of the Interior have said relative to the neces- requ.est1 be delivered to each Senator, Representative, and Delegate in Con­ sity for this additional clerk. · gress Wlthout charge." I desire to add to my amendment this fmiher clause­ Mr. HEMENWAY. I make the point of order that this is new Amend the total of the paragraph by adding $1,400. legislation. The CHAIR11-IAN. Without objection, the two propositions of Mr. JONES of Washington. I have nothing to say as to that the gentleman's amendment will be treated as one. point of order. Mr. MADDOX. Mr. Chairman, is not this new legislation? The CHAIRMAN. The Chair sustains the point of order. Where are the gentlemen of the Appropriations Committee? They This is evidently a change of law. have been very industrious this morning in making points of or­ The Clerk read as follows: der on new legislation. Where are they now? DEPARTMENT OF THE INTERIOR. The CHAIRMAN. It is rather late to raise a point of order on Office of the Secretary: For compensation of the Secretary of the Interior the amendment. $8,00); First Assistant Secretary, $4,500; Assistant Secretary, $4,00); chier1 clerk. $2,500, and $500 additional as superintendent of the Patent Office build­ Mr. MADDOX. I wanted to know whether this proposition ing and other buildings of the Department of the Interior; additional to 1 was acceptable to gentlemen on the committee. member of board of pension appeals, acting as chief of the board, ~00; 9 mem­ . The CHAIRMAN. The Chair does not know. bers of a board of pension appeals, to be appointed by the Secretary of the Interior, at $2.CXXJ each; for ro additional members of the board of pension ap­ Mr. LITTAUER. I do not think the amendment is subject to peals to be selected and appointed by the Secretary of tlie Interior for the a point of order. It is authorized by law; but the amount to be fiscal'year 1003, at $2,CXXl each; 3 additional members of said board of pension added to the total should be 1,000 instead of $1,400. appeals, to be appointed b¥ the Secretary of the Int~r~or and .to be ~lected from the force of the PellSlon Office, at $2,1XXl each; !!peClalland mspector, con­ Mr. MONDELL. ~ am perfectly willing to modify my amend- nected with the administration of the public-land service, to be appointed by ment in that respect. the Secretary of the Interior and to be subject to his direction, $2,500; 4 special Mr. MADDQX. Is there any law providing for this clerk? inspectors, Department of the Interior, to be appointed by the Secretary of the Interior and to be subject to his direction, at $2,500 each; clerk in charge The CHAIRMAN. The Chair does not know. of documents, S2,CXXJi custodian, who shall give bond in such sum as the Sec­ Mr. MADDOX. Well, I am sure I d,o not. I ask the gentle­ retary of the InteriOr may determine, $2,CXXJ; 7 clerks~ chiefs of division. at men on the other side. $2,00) each, 1 of whom shall be disbm·sing clerk; 4 clerKS, at $2,00) each; pri­ vate secretary to the Secretary of the Interior, $2,200; 14 clerks of class 4; 1i Mr. LITTAUER. It is simply an extension of the service. clerks of class 3; 18 clerks of class 2; 28 clerks of class 1 2 of whom shall be Mr. MADDOX. That is not the question. Has this office had stenographers "Or typewriters; returns office clerk, $1,lri>; female clerk, to-be this clerk before? designated by the President, to sign land patents, $1,1m; 5 clerks, at Sl,CXXJ each; 1 clerk, $900~~ht copyists; 2 copyists or typewriters, at $900 each; tele­ Mr. CANNON. Yes; there is a law providing for this. Sec­ phone opera.tor, p..v; 8 messengers; 6 assistant messengers; 1.5 laborers; 2 tion 161 of the Revised Statutes authorizes an increase of the force 1466 CONGRESSIONAL -RECORD-HOUSE. FEBRUARY 7,

of clerks of classes 1, 2, 3, and 4. It has been uniformly held, so will advocate an amendment making the salary $2,500 in on~ case far as I know, that this is a service which can be increased under and $2,000 in the other, I will withdraw the point of order. the rules. It is always in order to increase the number of clerks Mr. HEMENWAY. I do not want to accept any amendment of the classes referred to in section 161 of the Revised Statutes. at all. If the· gentleman wants to offer an amendment and sub­ So that this amendment is not subject to a point of order. mit it to the House, I suppose he has that right, under the rules. Mr. MADDOX. You are satisfied that it is a proper thing, are The CHAIRMAN. The Chair would like to ask the gentleman you? from Indiana if he thinks the law that he read applies to a super­ Mr. CANNON. I am not informed about that matter. The intendent or to any clerk outside of the classes regularly recog­ gentleman heard the communication from the Secretary read. I nized-that is, classes 1, 2, 3, and 4.? am not in charge of the bill. The gentleman from Indiana is in Mr. HEMENWAY. I think it does. charge of it. The CHAIRMAN. Is there not a separate law regulating the Mr. MADDOX. I do not see him in the House at this moment. salaries of superintendents? Mr. CANNON. Well, the gentleman from New York [11-Ir. Mr. HEMENWAY. There is no law regulating the salaries of LITT.A.UER] is also in charge of the bill. I have no knowledge superintendents. I will state that the salaries carried on this bill about it, except the communication that was Tead at the Clerk s for rural free delivery are followed where they are regulated by de k. statute, and in cases where there is no statute fixing the salary Mr. MADDOX. If you are all content with it, I have no ob­ the Postmaster-General fixes the salary himself. jection to make. The CHAIRMAN. The Chair will-ask the gentleman if the Mr. MONDELL. Mr. Chairman, the amendment is not sub­ salary of the Superintendent of the Money-Order System is fixed ject to the point of order. That the Indian service requires this by law or the superintendent of the free-delivery system or the additional clerk is very evident, from the communication of the Superintendent of the Dead-Letter Ofiice? Commissioner of Indian .Affairs. The superintendent of Indian Mr. HE.MENWAY. The salary of the Superintendent of the schools has charge of all the Indian schools in the United States. :Money-Order Division, I believe, is fixed by law. :Mr. ltfADDOX. If you will allow me, I did notmakethepoint The CHAIRMAN. Is it not a matter of fact that all these of­ of order. I simply inquired if it was not subject to a point of fices that have a statutory existence are fixed by law and are fixed order. at the compensation referred to in the act? Mr. MONDELL. I would say to the gentleman that it is not Mr. HEMENWAY. I did not catch the Chair's question. subject to the point of order. The CHAIRMAN. I will ask the gentleman if the salaries of Mr. MADDOX. The chairman did not seem to know, and I all these officials have not heretofore been fixed by a statutory wanted to bring out the information. law? The amendment was agreed to. Mr. HEMENWAY. I think: not. I think, Mr. Chairman, that The Clerk read as follows: most of them are fixed by an appropriation act, and in that way For rural free-delivery service: Superintendent, $3,0CO; supervisor, $2,750; I think they are fixed by law, as I understand it. chief of board of examiners of rural carriers, 52,250; 3 clerks of class 4; 6 Mr. LIVINGSTON. Practically all of them are fixed by an clerks of class 3; 25 clerks of class 2; 40 clerks of class 1; 50 clerks, at $1,!XXJ each; 115 clerks, at $900 each; 3 messengers; 10 a sistant messengers; 5laborers; appropriation bill. 1 female laborer, $540; 3 female laborers, at $500 each; two charwomen; in all, The CHAIRMAN. The Chair is hardly inclined to hold that $.,.9'j'5,040. the fixing of a salary in an appropriation bill, or even the creation Mr. SIMS. Mr. Chairman, I wish to make a point of order to of an office in an appropriation bill, if it might have been there so much of this paragraph as provides for a superintendent at for an unlimited time, would be statutory law. $3,000 and a supervisor at 2,750. I will suggest that the Chair is 1\Ir. HEMENWAY. There is no doubt, Mr. Chairman, in my better informed on the postal law than myself. I make the point mind that all these places are in order on this bill. The question that these are new offices and that this is new legislation. of the salary where it has not been fixed by statute is a question The CHAIRMAN. Has the gentleman from Indiana anything for the House to determine. I do not pretend but what a gentle­ to offer? man might offer an amendment reducing these salaries or in­ Mr. HEMENWAY. Has the gentleman from Tennessee any­ creasing them because they happen to have been fixed on an thing to say? appropriation bill heretofore. But certainly they are in order on Mr. SIMS. No. this bill, and the salaries provided are in order on this bill, but if The CHAIRMAN. He raises the point of order that it is new any member of the House seeks to change the salary by offering legislation. an amendment to make it less or make it more, I think the amend­ :Mr. HEMENWAY. Section 169 of the Revised Statutes, sec­ ment would be in order. But this provision is not subject to the ond edition, 1878, provides that- point of order, because these employees are properly carried in this bill and belong to this bill. Each head of a department is authorized to employ in his department such number of clerks of the several classes recognized by law, and such The CHAIRMAN. Does the gentleman think that an act cre­ messe~gers, assistant me engers, copyists, watchmen, laborers, and other ating the office of superintendent at a salary of $100,000 would employees, and at such rate of compensation, respectively, as may be appro­ not be subject to a point of order? priated for by Congress from year to year. Mr. HEMENWAY. I do not think it would be subject to the Here is a service established by law, and a force of clerks car­ point of order, but I think that the House would very promptly ried now on the rolls, paid from a lump sum appropriation on the vote it off. I have no information myself as to whether these Post-Office appropriation bill. Under the law we pick them up salaries are too high or too low. I am inclined to think that the and appropriate for them on the legislative appropriation bill, salaries are fixed at about the right amount. They were fixed by fixing their salaries, a,s we are authorized to do, l?Y rec

one, class two, class three, class four, copyists, messengers, and the public service, properly in the public service, and un(ler the other employees. law authorizing their employment. The law carried on the post­ Now, my recollection is that under that section we can supply office and post-roads bill authorizes, out of the sum appropri­ such employees by appropriation, and are authorized to do so un­ ated, the employment of the force to carry on this business. They der the rule. It would be exceedingly difficult to run a public are employed now under the law, and so the continuation of their service without this section of the statute under the rules of the employment under this bill is not subject to a point of order. House. There is a series of sections, commencing with 161 and The CHAIRMAN. If gentlemen have nothing further to sub­ running down to 169, which reads as follows: mit, the Chair is ready to rule. The Chair would hold that an Each head of a department is authorized to employ in his department such appropriation bill may contain anythin-g in relation to employees number of clerks of the several classes recognized by law, and such messen­ enumerated in these several sections; that is, clerks of classes gers, assistant messengers, copyists, watchmen, laborers, and other employees at such rates of compensation, respectively, as may be appropriated for by one, two, three, and four may be employed, as well as messen­ Congress from year to year. . gers, assistant messengers, watchmen, and laborers, to such num­ Now, it !;eems to me that that would include a $2,000 emf>loyee ber as the Appropriations Committee may see fit to provide for. or a $3,000 employee, and it was the very object, as I understand, :Mr. HEMENWAY. Right there let me say- of this legislation in section 169 of the Revised Statutes, that Con­ The CHAIRMAN. The gentleman will excuse the Chair for a gress is at liberty, without further legislation, to appropriate for moment. The Chair thinks the gentleman lays undue stress on such employees and at such salaries as Congress may provide. language which evidently was not used in view of the creation Now, under our particular rnles I do not think Congress could of any division in the Post-Office Department. The Chair will legislate and say there shall hereby be created an office of super­ now hear anything further that the gentleman from Indiana may intendent of mails whose salary shall be $3,000, became that wish to suggest. creates something permanently, whereas this law ·contemplated Mr. HEMENWAY. I only wished to emphasize what has been that Congress should have the power without further legislation­ said. Section 169 of the Revised Statutes provides: and I think the rule was made, in view of this law, to supply the Each head of a dep:l.rtment is authorized to employ in his department such number of clerks of the several classes recognized by law- necessary help to carry on the departments~the only limitation being the discretion of the executive or head of department after N ow, that is one thing- Congress had made the appropriation. and such me .ngers, assistant messengers, copyists, watchmen, laborers- The CHAIRMAN. I will ask the gentleman from Illinois if Now, the statute does not stop there- in his opinion this section 169 is not to be construed in connection and other employees. , with the section which precedes, and that there is no salary in the preceding section exceeding $1 ,800? If that language does not mean what it says, why is it used? Mr. CANNON. No, I think it is something further; because Certain officers of the regular classified service are specified; and the Chair will see that the whole of title 4, down to and including if they had been intended as the only: officers to which the prG­ section 169, refers to clerks and other officials in the Department. vision should apply the language would have stopped there. But So that section 169 refers to all these that were not referred to in the gentleman who drew this statute did not stop there; he went the preceding section, commencing with 161, and has placed these on and said: And other employees, at such rates of compensation, respectively, as may additional words: be appropriated for by Congress from year to year. and ot her employees. and at such rates of compensation, respectively, as may be appropriated for by Congress from year to year. Now, Mr. Chairman, if it be the fact that this statute meant to Now, take section 167, the annual salaries of clerks and em­ include only those in the classified service-that is, classes 1, 2, 3, ployees in the departments, whose compensation is not otherwise and 4, ·and messengers, etc.-what would be the use of this addi­ prescribed, shall be as follows: tional language? It would not mean anything. The gentleman Clerks of the fourth class, $1,800; elerks of the third class, $1,600; clerks of who drew the statute, not stopping at that language, recognized the second class, $]..too- that in the service there are many officers not within the classi­ and so on; then the women employees, and so on, to messengers. fied list, and hence these words: But the concluding section, 169, includes a reference to all of And other employees,_ at such rates of compensation, respectively, 1\S may these, and goes further, and says- be appropriated for by Congress from year to year. at such rates of compensation, respectively, as may be appropriated for by I do not lay so much stress upon that point, Mr. Chairman, as Congress from year to year. upon the point that these places are now in existence. They have So that, so far as the legislation is concerned, read in the been already created. In the bill appropriating for the free rural­ light of the rule of the House, or rather the rule construed in delivery service, you authorized the Postmaster-General to employ the light of the legislation, in my ju~gment, it is quite competent such people in the city of Washington as may be necessary to for Congress to provide for any employee that it sees proper to carry out the intent of that appropTiation. These people under provide for under the general legislation here enacted. that authorization were employed; they are now in the service; I think it is just as competent to provid~ for superintendent the they are in office pursuant to law; and this provision does not coming year at $3,000 and gLv0p there as it is to provide for the propose to create any new place. It simply provides fixed sala­ clerks of class 4. . ries for places already created by law. So that as against these The CHAIRMAN. The Chair will ask the gentleman from Illi­ provisions the point of order can not be well taken. nois, if he were drawing this statute, if he would lay as much stress As to the question of salary, I do not insist that these salaries on the words ' and other employees" coming, as they do, after can not be chan!5ed; they can be changed by proper amendment. " watchmen" and "laborers," as the gentleman seems to? Was The CHAIRMAN. The Chair has no difficulty whatever in that intended to include three and four thousand dollar employees? disposing of the strongest contention of the gentleman from In­ If the gentleman had been drawing the statute, would he have diana-that these offices are authorized by law. They are author­ not placed that first? ized by law for the year; that is, for the life of the appropriation Mr. CANNON. If it stopped there, the construction might be bill. As has been decided time and again by the courts, nothing as the Chair intimates; but it does not. "And other employees, contained in an appropriation bill can live beyond the life of the • and at such rates of compensation, respectively, as may be appro­ bill. priated for by Congress.'' Now, that is clearly an enlargement of Mr. HEMENWAY. I suggest to the Chair that this is the very the other sections; it is not only other employees than those espe­ point which the Chair passed on yesterday, where such employees cially detailed and referred to in the prior sections of the statute, had been authorized upon an appropriation bill for the present but it goes on and says ' and at such com-pensation." It seems year. to me the legislative grant there is plenary and it is a mere ques­ The CHAIRMAN. The Chair did not determine the question tion of discretion under the law to appropriate for employees at to which the gentleman refers. any rate of compensation that Congress, in the exercise of its dis­ Now, the Chair recognizes the danger of overrnling a point of cretion under this law, may provide. And therefore a point of order of this kind. Considerable stress might be laid upon the order does not lie in this case. argument of the gentleman from Illinois in relation to the words Now, if there were a statute-as there is-for instance, that "and 9ther employees;" and that is all that could po.ssibly influ­ fixed the salary of the .Assistant Postmaster-General, it would not ence the mind of the Chairman to overrule the point of order. be in order to move to increase that salary beyond the statutory But the Chair does not believe that it was the intent of the framers salary fixed by express law, because these sections would have to of the law, using, as they did, the words" and other employees, be construed in connection with that section. watchmen, and laborers." to empower the Appropriations Com­ Mr. HEMENWAY. Mr. Chairman, I want to suggest, fur­ mittee to create a new division in an executive department, with ther, that these people are now employed under the law, pursu­ salaries beyond those provided for in sections 167 and 168. The ant to the law, and for that reason are properly on this bill. As Chair feels constrained to sustain the point of order. I said a while ago on the question of salary, an amendment seek­ The point of order involves the superintendent, at 3,500, and the ing to change it is not subject to a point of order; but we are supervisor, at $2,750. If there be no objection, the Clerk will cor­ simply continuing in the public service men that are already in rect the totals of the paragraph. 1468 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 7,

There was no objection. The Clerk read as follows: The Clerk read as follows: On page 103, line 11, strike out "four" and insert" five." Office Second Assistant Postmaster-General: For Second Assistant Post­ master-General, $4c (XX); chief clerk'-$2,100; superintendent of railway adjust­ The question was taken; and the amendment was agreed to. !llentB, $2,500; a.sslStant superintennent of railway adjustmentB, $2,CXX>; super­ Mr. BARNEY. Mr. Chairman, I ask unanimous consent that mtendent of forei~ mails, $3,1XXl; chief clerk, S2,CXX>; chief of division of in­ the total in the paragraph be corrected so as to conform to the s~e.ction, $2,(XX); chief of contract division, $2 000; chief of mail equipment di­ amendment which has just been agreed to. V1Slon, $2,00); 9 clerks of class!; 36 clerks of c~ss 3; 25 clerks of class 2; ste~~~t rapher, $1,600; 21 clerks of class 1; 17 clerks, at $1, each; 6 clerks, at $'.:100 The CHAIRMAN. Without objection, the Clerk will be au­ each; messenger in charge o mails, $900; 6 assistant' messengers; in all, thorized to correct the total. $184:,820. . MESSAGE FROM THE SENATE. Mr. GRIGGS. Mr. Chairman, I offer the amendment which I send to the Clerk's desk. The committee informally rose; and Mr. CANNON having taken The amendment was read, as follows: the chair as Speaker pro tempore, a message from the Senate, by In line 8, page 131, after the word "thousand," strike out the words "one Mr. PARKINSON, one of its clerks, announced that the Senate had hundred'.' and insert" five hundred." passed bills and a joint resolution of the following titles; in which Mr. HEMENWAY. Mr. Chairman, I reserve the point of order. t~e concurrence of the House of Representatives was requested: Mr. GRIGGS. Mr. Chairman, this amendment proposes to in­ S. 256. An act to provide for the purchase of a site and the crease the salary of the chief clerk of the Second Assistant Post­ ~rection of a public building thereon at Tacoma, in the State of master-General from $2,100 to $2,500. Washington; The chief clerk in the office of the First Assistant Postmaster­ S. 460. An act increasing the limit of cost of public building at General is now paid $2,500. The chief clerk in the office of the Newport News, Va.; Second Assistant Postmaster-General, whose salary this amend­ S. 715. An act to provide for two additional associate justices ment proposes to increase, is one of the most efficient officers in of the supreme court of the Territory of Oklahoma, and for other the Post-Office Department. He is in charge of the star-route purposes; _ service. In the absence of the Second Assistant Postmaster­ S. 2782. An act to authorize the construction of a bridge across General he is the Acting Assistant Postmaster-General. He oc­ the Columbia River by the Washington and Orego:u Railway cupies really the most responsible position of any chief clerk in Company; the Post-Office Department, and his salary ought to he made at S. R. 51. Joint resolution to provide for the printing of 8,000 least equal to the salaries of officials of similar duties and less re­ copies of the Annual Report of the Office of Experiment Stations, sponsibility. prepared under the direction of the Secretary of Agriculture for Mr. HEMENWAY. The gentleman is a member of the Com­ the fiscal year ended June 30, 1901; and mittee on the Post-Office and Post-Roads? S. 2170. An act to provide for the purchase of a site and the Mr. GRIGGS. Yes. erection of a post-office building thereon at New York, borough Mr. HEMENWAY. Did your committee recommend this in­ of Manhattan, and State of New York. crease of salary? The message also announced that the Senate insists upon its Mr. GRIGGS. The committee has takennoformalaction on it, amendments to the bill (H. R. 9315) making appropriations to but the proposition has been discussed informally by 12 members supply urgent deficiencies in the appropriations for the fiscal year of the committee, and they are unanimous in the opinion that the ending June 30, 1902, and for prior years, and for other purposes, amendment ought to pass. disagreed to by the House of Representatives to the amendment Mr. HEMENWAY. Doesthatincludethechairmanofthe com­ of the Senate numbered 58, had agreed to the conference asked by mittee? the House on the disagreeing votes of the two Houses thereon, ·Mr. GRIGGS. That includes the chairman of the committee. and had appointed Mr. HALE, Mr. ALLISON, and Mr. TELLER as Mr. HEMENWAY. In view of the fact that a majority of the conferees on the part of the Senate. the Committee on the Post-Office and_Post-Roads, including the LEGISLATIVE, EXECUTIVE, .AND JUDICIAL APPROPRIATION BILL, chairman, want this salary increased, I do not feel disposed to The committee resumed its session. make the point of order; but it can be made by any gentleman in The Clerk read as follows: the House who desires to make it. To enable the Attorney-General to employ such assistant attorneys, agents, Mr. LIVINGSTON. I hope no member will make it. This is stenographers, and experts to aid the United States attorney for said court a very deserving, hard-working man, and he ought to be put on as may be necessary to conduct the business of the Court of Private Land all fours with some other men in the Post-Office Department. Claims during the fiscal year 1~, $(-,COO. The CHAIRMAN. The Chair understands that the gentleman Mr. HEMENWAY. Mr. Chairman, I offer the following does not insist on the point of order. The question is on the amendment: adoption of the amendment offered by the gentleman from Geor­ The Clerk read as follows: gia [Mr. GRIGGS]. On page 133, line 21, strike out the word "two" and insert in lieu thereof The amendment was agreed to. the word "three." Mr. CANNON. Mr. Chairman, I a-sk unanimous consent to Mr. HEMENWAY. It changes the date. That is all. refer to page 118, line 20, under the head of the Postmaster­ The question was taken; and the amend.nent was agreed to. General, and to strike out the words" two hundred and fifty," in The Clerk read as follows: line 20, and insert the words" five hundred." SEC. 3. That the term of temporary service of such additional clerks and The CHAIRMAN. The gentleman from Illinois [Mr. CANNON] other emp.loyees ~·endered necessary because of increased work incident to the ~r With Spam, and under the act of June 13, 1898, providing for war ex­ asks unanimous consent to refer to page 118, for the purpose of penditures and for other purposes, appointed in the various departments of offering an amendment, which the Clerk will report. theGove~ent,shall beextended forthetermof oneyearfromJune 131~ The amendment was read, as follows: without compliance with the conditions prescribed by the act entitled "Ali ~t to regulate and imi_lrove the civil serVIce," approved January 16, 1803 pro- In line 20, page 118, strike out "two hundred and fifty" and insert "five VIded they are otherW1S8 competent. ' hundred." Mr. LITTAUE.R. Mr. Chairman, I offer an amendment. The CHAIRMAN. Is there objection? The Clerk read a-s follows: There was no objection. Amend section 3 by addin~: Mr. CANNON. I do this for the reason that I have received a "Pr01:ided, That the President may at any time transfer clerks and o:.her letter from the Postmaster-General, in which he says he has ap­ employees herein referred to to the classified service." pointed as private secretary a man who has been in his employ­ . [Mr. LITTAUER addressed the committee. See Appendix.] ment for many years, to whom he has paid . 2,500 a year in pnvate life. He asks this increase of $250, with the statement that he The CHAIRMAN. The question is on the amendment. will have to pay it himsel~ if Congress does not. Mr. GAINES of Tennessee. Now, Mr. Chairman, I oppose the For that reason I offer the amendment for the consideration of amendment. the committee. The CHAIRMAN. The gentleman is recognized in opposition The amendment was agreed to. to the amendment. Mr. BARNEY. Mr. Chairman, I ask unanimous consent togo Mr. GAINES of Tennessee. I say, Mr. Chairman, that if we back to page 103, line 11, for the purpose of offe1ing an amend- are to make an employment agency out of the Government of the ment. United States, the gentleman's amendment should be"ome the The CHAIRMAN. The gentleman from Wisconsin asks unani­ law of the land. But, sir, if we are ever to retrench and reform mous consent to return to page 103. line 11, for t)le purpose of if we are ever to cut down the burdens caU.sed by the Spanish offering an amendment, which the Clerk will read. war, we are making a very poor effort if this amendment should Mr. BARNEY. The amendment which I offer is to strike out be adopted. . the word '' four,'' in line 11, and insert the word '' five.'' T~ere is not a clerk in the employ of this Government, whose The CHAIRMAN. Is there objection to recurring to this page semces are needed, who has a better friend than I have been for the purpose of offering an amendment? [After a pause.] The since I have been in this House. I never turned a deaf ear to any Chair hears none. The Clerk will report the amendment. of them or an unwilling hand to assist them; but the gentleman 1902. CONGRESSIONAL R:mCORD-HOUSE. 1469 from New York confesses his case out of court, and I am trying Mr. THAYER. To either. to do my duty by my Government first. Mr. GAINES of Tennessee. The gentleman from Massachu­ Mr. LITTAUER. Will the gentleman from Tennessee allow setts had taken his seat. me to interrupt him? The CHAIRMAN. If the gentleman from Massachusetts [Mr. Mr. GAINES of Tennessee. Yes, sir. THAYER] has concluded his remarks, the Chair recognizes the MI·. LITTAUER. The gentleman said that I said these clerks gentleman from Georgia [Mr. LIVINGSTON]. were upon the roll as temporary clerks because of the increase of Mr. LIVINGSTON. Mr. Chairman, if the gentleman from work brought about by the war with Spain. I also stated that Tennessee [Mr. GAINES] had read the report, he would not have the heads of departments and bureaus where they are now at charged that there has been unfairness on the part of the Appro­ work have said unequivocally to us that their services are needed, priations Committee. We were just as explicit as we could be in and will be needed permanently, because of the increased work. that report in affirming that these temporary clerks are needed, Mr. GAINES of Tennessee. Then why does not the gentleman and therefore they have been provided ·for in the bill. If the bring in a regular bill? Why do yon seek to put it on an appro­ gentleman doubts the correctness of that position that they are priation bill? needed, I will only mention one fact of which I presume he is Mr. LITTAUER. Because it is a fit place to put it. cognizant. While over in the Philippines he doubtless learned Mr. GAINES of Tennessee. The gentleman confessed that it the fact that we have now more than 400 military posts estab­ . was subject to a point of order-- lished in the Philippine Islands that did not exist four ye:1rs ago. Mr. LITTAUER. Oh, I beg the gentleman's pardon. Now, Mr. Chairman, since the Spanish war nobody has been Mr. GAINES of Tennessee. If I had been a member of the sleeping. We state in our report, as we state now on the floor, committee and known it was subject to a point of order, I should that the result of the Spanish war and the treaty of Paris has have made it; but not being a member of the committee, not be­ given into our sovereign hands the control of the Philippine ing familiar with the law in regard to this matter, I was not Islands. Nothing growing out of that war has decreased the aware of the fact; and I asked the Chair if it was subject to a work of the War Department or the Post-Offie9 Department or point c.f order, if there was any law permitting it, and the gentle­ the Navy Department. On the contrary, the work of those De­ man from New York said I was too late. As soon as I could offer partments has been increased immensely. · That is what we say the objection I asked the Chair-- in the report. Hence we have reported an appropriation for these The CHAIRMAN. The Chair will state to the gentleman from temporary clerks, not only for that reason, but for one other: Tennessee that the debate had proceeded for some time before the Every head of a department or bureau that came before the sub­ gentleman from Tennessee asked the Chair the question. committee stated that they did not propose to exchange, or were Mr. GAINES of Tennessee. The gentleman from New York not willing to exchange, these temporary clerks for an equal num­ offered the amendment and debated it himself, possibly to cut off ber selected from the specified service; that they wanted to retain the point of order, and now undertakes to get behind his defense­ these clerks, who have had experience and have become conver­ less and sleeveless proposition. I am making no complaint of the sant with the work in hand. The heads of departments and chiefs Chair. I never made any complaint of the Chair, either as a of bureaus were not willing to exchange these clerks for the clerks chairman or as a member of this body. of the classified service. I do say that there is no necessity for the passage of this amend­ Now, if .we should drop these temporary clerks we should have ment. It is not dealing fairly with the members of the Honse that to authorize these bureaus and departments to take from the the gentleman should seek to put new legislation on an appropri­ classified service an equal number of clerks. There would be no ation bill; to state the proposition and immediately debate it, and money saved, while at the same time you would lose the benefit then when I ask if the matter is objectionable, the gentleman to of the experience and efficiency which these temporary clerks have hide behind his defenseless and sleeveless cause. I could not be acquired. recognized with the gentleman standing on the floor, where he Mr. MADDOX. There is one point I should like to get at. The still stands defending the matter which I think is entirely without gentleman says that we ought not be surprised at the proposition merit. made here, because it has been referred to in the report. Now, Mr. THAYER. Mr. Chairman, I would like to ask the gentle­ the report, as I understand, refers to this only as a temporary man who presented the amendment how many persons are to be measure. · affected by it; provided it should receive favorable consideration? Mr. LIVINGSTON. That is correct, and we propose by this Mr. LITTAUER. I understand there are now in the War De­ provision to make this a temporary force. partment 600, and an appropriation is made in this bill for them Mr. MADDOX. That is the point on which I wanted to hear of $600 000. In the Internal-Revenue Department there is an ap­ the gentleman. propriation made of $550,000, and I suppose there are upward of Mr. LIVINGSTON. So far as the committee is concerned, we 500 clerks to be affected. are not responsible for the amendment.- But the amendment does In the Post-Office Department there are 22; in the Register's not propose to put these clerks in the classified service at all. I office of the Treasury Department there are 6; in the Auditor's might just as well say, without repeating exactly what happened office of- the Navy DeJ:"!lrtment there are 19; in the Auditor's in the committee, that the Appropriations Committee did not put office of the War Department there are 88, and in the Audi­ in a clause providing for placing these temporary clerks in the tor's office of the Treasury Department 7. I would again state classified service. We had the right to report such a provision; that the chiefs of each one of these bureaus stated that their but it would have been subject to a point of order, and we did services were necessary and will be necessary for the proper con­ not do it. But here on the floor of the Honse a gentleman who duct of their offices. happens to be a member of the Appropriations Committee and a Mr. GAINES of Tennessee. Before whom did they make that member of the subcommittee proposes in his own right that the statement? President shall have the power to put these clerks in the classified Mr. LITTAUER. They made it at the hearings to the sub­ service. This Honse, of course, has the power by unanimous committee of the Committee on Appropriations. consent to change that proposition and provide for putting these Mr. GAINES of Tennessee. Is the gentleman from New York clerks into the classified service without any help or suggestion a member of that committee? from the President of the United States. That I would be in :Mr. LITTAUER. I am. favor of doing; I would vote for such an amendment sooner than Mr. GAINES of Tennessee. Is anything said about this in the I would for this. report accompanying the bill? Mr. MOODY of Massachusetts. Mr. Chairman, when this :Ur. HEMENWAY. Yes; on page 2 of the report it reads as temporary force was first created, which was done upon the leg­ follows: islative appropriation bill some years ago, I opposed the provision It is proposed in the bill to continue for another year the temporary force very vigorously. I thought then, and I think now, that this force of employees now in the Treas~y, War, and Post-Office Departments, and might well have been drawn from the ordinary channels of the whose services were, and are still, rendered necessary because of increased civil service. But we could not well deny the requests of the work incident to the war with Spain. · heads of the Executive Departments of the Government when :Ur. GAINES of Tennessee. Is there any legislation permit- they said that this temporary force was absolutely necessary to ting it? conduct the public business. So it was established as a temporary Mr. HEMENWAY. Yes. force, and has been continued from year to year in the legislative :Mr. GAINES of Tennessee. Where is the law? appropriation bills, the provision each year baing subject to a Mr. HEMENWAY. In the bill. It was on the bill last year in point of order. It is therefore by the unanimous consent of the exactly the same language. · - Honse that provision has been made for the temporary force each 1\fr. GAINES of Tennessee. Why did the gentleman have to year up to the present time. The committee this year have re­ bring it in in this way if it is already in the bill? ported a provision continuing that temporary force for one year Mr. LITTAUER. The amendment is not in the bill. longer. The CHAIRMAN. The Chair will ask the gentleman from It has.been said to us from year to year that the growth of the .Massachusetts [Mr. THAYER] to which gentleman he yields? Governme:nt wor~ as the result of the Spanish war has been such 1470 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 7,

that these temporary clerks would be needed permanently. -As a this thing is to be left entirely to the Appropriations Committee, member of the Committee on Appropriations, I have been re­ we had just as well allow them to bring in their bills and, with­ luctant to consent to the transfer of these clerks to the classified out saying a word, have them passed. service; but I have become convinced that the best interests of Mr. LIVINGSTON. I want to suggest to my colleague, the the service require their transfer to the permanent classified force gentleman in charge of the bill [Mr. HEMENWAY], when the' first of the Government at this time. point of order was made and discussed yesterday, right at the I desire to say, Mr. Chairman, that I am not interested in a very incipiency of the whole transaction touching this measure, single one of this force appointed under this temporary provision put the House on notice. and this is about his language: " There of the legislative bill. I made no recommendation for appoint­ are many other increases in salaries in this bill that are subject to ment under that temporary appropriation. I have no interest a point of order, if any gentleman wishes to make it." except that of the public service; but I believe the interest of the Mr. WILLIAMS of Mississippi. Did anybody reserve points of public service at this time will be best subserved by granting the order? unanimous request of every head of a Department in which this Mr. MADDOX. That is the difficulty; where are they? force exists. When that is done, there will no longer be in any Mr. LIVINGSTON. You do the Committee on Appropriations Department a temporary force of this character, which gives rise entirely too much credit when you say they can come into this to irritation and comparisons; and it is desirable, in the best in­ House with a bill and the whole House is blindfolded and knows terests of the Government service, that this should be suppressed nothing about the transactions of the Committee on Appropria­ forever. I hope the amendment of the gentleman from New tions, that they can rush anything or jam anything thl'Ough York may prevail. without your knowing anything-- Mr. MADDOX. Mr. Chairman, this is the amendment: Mr. MADDOX.. This is my speech, and I want my time. Pi·ovided, That the President may at any time ~-ansfer the clerks and [Laughter.] I want to say this, when the gentleman says that I other employees herein referred to to the claSsified service. do them too much-- That makes t~em permanent, as I understand. . 1\Ir. LIVINGSTON. I want to finish the sentence- Mr. LIVINGSTON. It does, provided that the President is . Mr. MADDOX (continuing). Credit. Iwanttosaythatevery willing; but I should like to have that changed to say that he member knows the facts here. I do not care to discredit or to shall. lect.ure, but here we find a member of your own committee who Mr. MADDOX. That he shall transfer them? gets up and offers an amendment, supports it, and debates it", Mr. LITTAUER. I should like to state to the gentleman from and as soon as some gentleman wants to make a point of order Georgia that it does not make them permanent in the sense that he is met with the cry that it is too late. If any other man gets those who are in the departments in the regular classified service up to offer an amendment, we find that the gentleman is standing now are. We shall have to appropriate for these clerks another watching his bill like a hawk, and objects; yet we find new legis­ year. lation allowed to be offered in your bill~ when you know it is Mr. MADDOX. My point is that you are carrying an appro- wholly against the rules of the House. When you want to offer priation in this bill for these temporary clerks. anything you jump up and begin to debate it without anybody Mr. LITTAUER. For the temporary clerks. knowing anything about it. That is the way this whole pocket­ Mr. LIVINGSTON. That is right. book and this whole concern is worked. [Laughter and ap­ Mr. MADDOX. And if I understand my colleague from Geor­ plause.] gia, your committee did not consent to this amendment. l\fy Mr. MOODY of Massachusetts. I want to suggest to the colleague said that the gentleman offered this amendment on his gentleman this, that whatever of merit or truth there may be in own volition, and that it does not come from the committee. the gentleman's remarks they have no application at the present Mr. LIVINGSTON. No. time, for the amendment offered by the gentleman from New Mr. MADDOX. · And if I understand it, it does not meet the York is clearly not subject to the point of order. approval of the committee. Mr. MADDOX. Why did he not give us the chance to make Mr. LIVINGSTON. I think if you would poll the Committee the objection, and have the Chair rule upon it, instead of the on Appropriations you would find we would vote unanimously gentleman from Massachusetts? to classify them. I am not authorized to speak for the other Mr. WILLIAMS of Mississippi. Has any member of the com­ members of the committee, however. mittee made the point of order, if the point of order could be Mr. MADDOX. I do not want to lectm.:e the Committee on· made? Appropriations, but I do want to say this: You gentlemen of that Mr. MADDOX. As soon as we found out what it was, my committee sit there, and when anybody proposes to offer a:h friend from Tennessee rose to make the point of order; but im­ amendment, no matter what, that does not come from a member mediately he was informed he was too late, and by a member of of the Committee on Appropriations, the very minute it is sent to the committee itself. The gentleman began to debate-- the desk one of you gets up and says, "A point of order1 Mr. Mr. WILLIAMS of Mississippi. Withdraw the objection to the Chairman." · point of order and let us see if it is subject to the point of order. Now here comes an amendment from a member of your com­ Mr. HEMENWAY. Mr. Chairman, the gentleman from Geor­ mittee, and it is offered, and immediately a gentleman begins to gia, in a running statement here-- speak. No chance is given for the members on this floor to make Mr. MADDOX. I understand, Mr. Chairman, that we are re­ a point of order. They say it has been debated, and therefore ducing our Army right along-- the point of order will not lie. Why, it has almost got to the Mr. HEMENWAY. I will ask the Chair if the time of the point that nobody outside of the Committee on Appropriations gentleman from Georgia has expired? can be heard about anything, or can make any point at all. Mr. MADDOX (continuing). And at the same time here is a Mr. MOODY of Massachusetts. Will the gentleman yield? proposition to increase the salaries in the War Department. Mr. MADDOX. I want to say right here now, before this The CHAIRMAN. The Chair thought the gentleman from House, that there is no greater outrage, if I may characterize it Georgia had taken his seat, and had recognized the gentleman in that way, that is perpetrated upon the House of Representa­ from Indiana; but the Chair was mistaken, and corrects his mis­ tives than the method that you have of bringing in your appro­ take. priations, reporting a bill like this about this time in the evening. Mr. MADDOX. I was just simply saying- The next morning it is printed with the report. Nobody can get 1r1r. HEMENWAY. I understood that the gentleman from it before 11 o'clock. Georgia had taken his seat and yielded the floor. Mr. HEMENWAY. Will the gentleman permit me, right Mr. MADDOX. The gentleman knows as well as I do that I there? have the floor. Mr. MADDOX. When the House meets, the bill is called up Mr. HEMENWAY. Very well, then; I will take the floor in for consideration. Nobody has had an opportunity to read it; my own right. nobody knows anything about it except the committee them­ Mr. MADDOX. I just wanted to say that you are adding about selves. Now, the bill may have a hundred different points of 600 clerks to the War Department. new lecislation in it, and yet we do not know anything about it. Mr. HEMENWAY. I want to say to the gentleman that he is These gentlemen know that these things are contrary to the rules wholly mistaken. of the House, but they do not say anything about them. Mr. MADDOX. Wait until I get through. Mr. LIVINGSTON. May I correct the gentleman? I know Mr. HEMENWAY. All right. my colleague does not want- Mr. MADDOX. We are going to have peace, according to Gov­ 1\Ir. MADDOX. I believe that if we were to do these things as ~rn?r Taft, and we will. need only· about 1~.000 troops in the Phil­ we ought to do them every man ought to have an opportunity to lppme Islands. Now, m that case, what lS the nece sity for these examine these bills when they come in, and that we ought not to 600 additional clerks in the War Department in addition to what take up an apprt>priation bill, unless it be in a very great emer­ they had before the war? Now, what is the business that makes gencv, for at least three days after it is printed, so as to give it necessary to have them? I asked that question of the gentle­ evecy member of this House an opportunity to examine it. If man and I will yield the floor to him to answer. .

1902. CONGRESSIONAL- REUORD-HOUSE. . 1471

:Mr. HEMENW.A Y. I do n-:>t desire to have the gentleman M:r, SHAFROTH. ·No;· but -at least twenty-foUl' hours should yield the floor to me. I want it in my own right when I can elapse after the printing of the report. . g't3tit. Mr . .HEMENWAY. Twenty-four hours did elapse after the Mr. 1\!ADDOX. All right. printing of the report. The bill was reported Wednesday morn­ 1\fr. HEMENWAY. I want to say that the gentleman, with ing and it was not taken up until Thursday morning. intention or without intention, has misstated the position of the Mr. SHAFROTH. We got the printed report on the same day Committee on Appropriations. He t:~ays we can bring into this that it was taken up. H"Ouse bills and shove them through here without anyone having Mr, HEMENWAY. It was printed on Wednesday ·and the opportunity to know what these bills contain. bill came up on Thursday. .Mr. MADDOX. W-ell, will you allow me to ask you a question? Mr. SHAFROTR. lt was taken up Thursday morning, and Mr. HEMENWAY. I deny it. that was the time we got the report. Mr. MADDOX. Did not you report this bill to the House the Mr. HEMENWAY. Twenty-four hours elapsed between the day before yesterday about this time? report of the bill and the time it was taken up, and here is the re- Mr. HEMENWAY. We r-eported the bill, certainly. port that states every change of law. ' Mr. 1\:fADDOX. Do you not know that it was not printed until The CHAIRMAN. The time of the gentleman from Indiana 11 o clock the followmg day, and it was a bill of about 150 pages; has expired. and do you not know that it is impossible for gentlemen to know .Mr. HEMENWAY. Mr. Chairman, I aslr-unanimous consent what it contains? . that I may have five minutes more. Mr. HEMENWAY. Will the gentleman allow me to answer? The CHAIRMAN. The gentleman from Indiana asks that his Mr. MADDOX (continuing). And you brought it up here for time be extended five minutes. Is there objection? fAfter a consideration the next day. pause.] The Chair hears none. · Mr. HEMENWAY. Will the gentleman allow me to answer Mr. NORTON. Will the gentleman from Indiana -permit me him? The gentleman knows that this bill was where every mem­ a question? ber of the House ·could get it at 9 o'clock, and with the bill is a Mr. WILLIAMS of Mississippi. Now, Mr. Chairman, I would report, covering only 10 pages! that any man who has the intelli­ like to ask the gentleman-- gence that a page ought to have to be on this floor could go over Mr. HEMENWAY. I must yield to the gentleman from Ohio in fifteen minutes and ascertain every change that is in the bill. [Mr. NORTON], who first rose. I call the gentleman's attention to the fact that in the report, un­ Mr. NORTON. Suppose we had all read that report, what is der the head of House of Representatives, every change made in there contained in it that would have given us any information the "CUITent law is given; next, under the head of Library of that the gentleman from NewYorkwas about to offer an amend­ Congress, every ch~n~e made in the current law; next, under the ment? head of Executive umce, every change made in current law; next Mr. HEMENWAY. Absolutely nothing. On the other hand, in the Department of State. what information can a committee give in a.ny report that will Mr. GAINES of Tenn€8See. Is there anything stated in this foretell what any member may offer by way of amendment? .A:ny report about this? gentleman here could have made a point of order. Every mem­ Mr. HEMENWAY. I decline to yield to the gentleman .from ber has an equal right and power to make a point of order against Tennessee. this provision in the bill. As for myself, I want to say to the Mr. GAINES of Tennessee. Is there anything ·about this? gentleman from Mississippi that this whole provision of a tem­ "Mr. HEMENWAY. Every change made in the current law is porary force tha.t has been carried for three or four-years onthese here distinctly stated in the report, covering -only 11 pages; and, appropriation bills has been subject to a point of order. It is in as I say, anyone with the intelligence of a page upon the floor viol-ation of law. The law is that clerks shall be appointed could read this report in five minutes and determine every change through the civil service, but at the time the force was provided which is made in this appropriation bill that carries 135 p~o-es. for we hoped that in a short time there would be no further ne­ I call the attention of the gentleman further to the report here cessity for that force. where every limitation to an appropriation is set out. Every­ Consequently the appropriation is temporary; but as time ran where that we seek to change the cmTentlaw by the change of a on the chiefs of divisions insisted that they needed the fOI"ce, single word it is set out. In my statement to the House yester­ and insisted that they could not get along without it. They say day I called attention to two little items that by oversight did it is a better force than the force they could get through the civil not get into the report; one was an increase of $-60 in a salary, service~ and they asked the committee to put these clerks under and the other was an increase of 5100 in the expenses for public the civil service. buildings and grounds. Now, I called -attention in my statement yesterday to this mat­ Now, then, as to the statement of tbe gentleman from Georgia, ter. I said: that the Committee on Appropriations bring in bills here cover­ The question of temporary clerks now i:n the different departments of the ing many pages and shove them through when people do not Government is taken up on this bill. When this temporary force was granted, the Committee on Appropriations believed that their services would not be know what is in them, there is absolutely nothing in it, because necessary for any great length of time. every change is pointed out in the report. We 'find, however that the services of this temporary force are absolutely :?.Ir. SHAFROTH. Does not the geniilemanTecognize that when necessary to conduct the business of the several departments; and. in fact, in somo of the departments they insist that they not only need all the temporary a bill is printed and ready for distribution at 9 o'clock in the morn­ force, but an additional force. There is only one department where a recom­ ing, the members of the House may have other business to attend mendation is submitted to decrease that force. Tha-t is the War Departm.ent to; that they have to attend committee meetings and to other where they submit a decrease of only $5,(XX) in the total appropriation or1 $600,(XX). Many of the departments have insisted that this force ought to be lr.:lsiness? covered into the civil service; but as we do not legislate on appropriation Mr. HEMENWAY. I call the gentleman's attention to my bills1 no legislation in that regard is placed upon this bill, and the force is opening statement yesterday morning, in which I pointed out to ca.rned as a temporary force for another year. members of the House that there was a report, and that the mem­ I called the atte!!tion of the House to the fact that many were bers could secure the report at the desk, and that in this report, insisting that this force ought to go under civil service. Now, which is very short and very simple, every change in the current the gentleman from New York offered this amendment. No point law is mentioned. of order was made. I believe it was good legislation; and by the Mr. SHAFROTH. But that was a.fter the bill was brought up. unanimous consent of the Honse-- Mr. HEMENWAY. It was at the opening of the general dis­ Mr. MADDOX. Let me ask the gentleman a question: Has he cussion. The general debate continued for some time after that. investigated this mattel' himself so as to be able to say whether The gentleman from South Carolina [Mr. TALBERT] occupied the these clerks are needed or not? time of the House for nearly an hour, and other gentlemen could Mr. HEMENWAY. I have. have had time if they wished it. Mr. 1\f.ADDOX. Does the gentleman state as his belief that Mr. SHAFROTH. Does not the gentleman recognize that if they are needed; that they are necessary for the service? we read the reports it would take some time to impress it on our Mr. HEMENWAY. I do. There is absolutely no doubt minds and consider whether it would be wise or unwise; that it about it. takes time to consider these matters? · Mr. MADDOX. Did you do that before the bill was made up? .Mr. HEMENWAY~ lf the gentleman will take the report and Mr. HEMENWAY. Oh, yes . read it, and will say that he does not understand the bill-- Mr. MADDOX. Then why did you not put it in the bill, forit Mr. SHAFROTH. It is not a question of understanding; it is a is a change -of law? question whether or not it is wise or unwise "that this change Mr. HE:MENWA Y. Well, this House has the power-- should be made. In some instances I think they should be made. Mr. MADDOX. Have you not, according to your own state­ .Mr. HEMENWAY. Would thegentlemanfromColiJradosng­ ment, changed the law time and again on this bill? gest that an appropriation bill t:~hould be brought in here and re­ Mr. HEMENWAY. We have changed it-by unanimous con­ ported and then lie ten days before it is taken up? sent. 1472 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 7, I

Mr. MADDOX. Then why did you not change it in this case, The CHAIRMAN. The gentleman from Wisconsin [Mr. JEN· if you thought it necessary? KINS] has the floor. No other gentleman can offer an amend­ Mr. HEMENWAY. I call the gentleman's attention to this ment while the gentleman from Wisconsin has the floor. Points fact: We can not change one line of law on this bill without his of order are reserved on this amendment. The Chair now recog­ consent. We can not change one line of law on this bill without nizes the gentleman from Wisconsin. the consent of every member of this House who is in his seat per­ Mr. JENKINS. Mr. Chairman, before discussing the amend­ forming his duty; because every line of change that may be pro­ ment offered by myself as a substitute to the pending amend­ posed is subject to a point of order, and any man on this floor has ment I desire to say to the gentleman from Georgia that I am power to make such a point. very willing, as far as I am concerned, to agree to the amendment Mr. SHAFROTH. May I ask this question: Is not the wisdom that he suggests. My substitute is a little broader than the amend­ of the amendment offered by the gentleman from New York de­ ment offered by the gentleman from New York [Mr. LITTA.UER]. pendent to a large extent upon the question whether the army in I am in full sympathy with the amendment offered by the gentle­ the Philippines shall be reduced to 15,000 or whether it shall be man from New York, and I propose to support it; but the differ­ 40,000. ence between the two amendments is this, Mr. Chairman: Under Mr. HEMENWAY. I do not propose to go into that proposi­ the amendment offered by the gentleman from New York it is tion, but to confine myself to the question before the House. optional with the President to place one or more of the clerks now Mr. SHAFROTH. Will not more clerks be needed in the on the temporary roll on the permanent roll or in the classified event-- service. Mr. HEMENWAY. I decline to go into the question of the Under the substitute that I have offered it is not discretionary Philippine Islands. with the President to place any one, less than the whole, on the Mr. WIT.LIAMS of Illinois. Will the gentleman allow an classified roll. I think there should be no favoritism, and that interruption-- inasmuch as the War Department tells us that it needs the services Mr. HEMENWAY. I do not care to be interrupted; I want to of every one of these clerks, and that they are competent, they discuss the question before the House for a few moments before should all be transferred to the permanent roll, and in this way my time expires. relieve the War Department from the embarrassment that must The provision in the bill for this temporary force was subject grow up from the necessity of deciding between those who should to a point of order and has at all times been subject. to such a go on the permanent roll and those who should remain on the point. No point was made against it; and when it was received temporary roll. without any point of order being made, it was subject to an Mr. LIVINGSTON. Mr. Chairman, I move to amend the amendment. The amendment of the gentleman from New York amendment by inserting "nineteen hundred and two or nineteen which was then offered is not out of order, and would not have hundred and three.'' been subject to a point of order if such a point had been made by The C~MAN. The Chair thinks that the point of order any member of the House. The original provision itself wa-s sub­ ought either to be insisted upon or withdrawn before we go much ject to such a point, but no point was made; and the gentleman further in amending this proposition before the House. from New York had the right to do what he did-to offer an Mr. LIVINGSTON. I a-sk, then, for the ruling of the Chair. amendment to the original provision. The CHAIRMAN. Does the gentleman from Tennessee raise Mr. MANN. Will the gentleman allow me a single suggestion? the point of order? The gentleman, as I understood him, in his opening statement on Mr. GAINES of Tennessee. I raise the point of order, Mr. this floor, called attention to this provision of the bill, and said Chairman, and I want to submit, first, that the distingui.ehed that there was no provision in the bill which would make this a gentleman from Indiana [Mr. HEMENwAY], should read his own permanent force or would authorize the President to cover it into speech, which is found in the RECORD, on page 1450, where he said the classified service. that the reason why this amendment was not put in the bill was Mr. HEMENWAY. I did not use the words "permanent because they could not legislate in this bill. Here is his language: force." As long as this force is needed it is as much a permanent Many of the departments have insisted that this force ought to be covered force as the force under the civil service. The idea that the force into the civil service, but as we do not legislate on appropriation bills, no covered by the civil service is a permanent force is erroneous. legislation in that regard is placed upon this bill, and the force is carried as a The members of that force may be discharged whenever their temporary force for another year. services are unnecessary. The gentleman has just read this, and yet failed to make the Mr. MANN. I m.&de a clear distinction between a permanent point of order, although he knew the amendment was subject to it. force and the force under the classified service. The gentleman, Now, Mr. Chairman, the distinguished gentleman from Wis­ as I understood, did say that there was nothing whatever in this consin [Mr. JENKINS], with his usual candor and frankness, says bill which would carry these employees beyond the fiscal year for this amendment is even broader than the one that it proposes to which this appropriation is being made. amend. That is his language. The gentleman from Indiana [Mr. Mr. HEMENWAY. And there is nothing of that kind in it. HEMENWAY], in other words, confesses that this matter is new If this· amendment is adopted, there is nothing of that kind in it. legislation, and that the bill itself provides for the temporary · Mr. :MANN. The gentleman made the statement also that force for another year, to remain as a "temporary force." It there was nothing in the bill which would authorize the President should be kept, if at all, "temporary." to cover these clerks into the classified service. Mr. Chairman, I say in all candor that the war with Spain has Mr. HEMENWAY. Thatistrne. ended, and that now we only have it in the Philippines and that Mx. MANN. Now, a member of the House who might have has been ended several times, as we have been officially informed, been perfectly willing not to have made a point of order upon and yet this amendment, which the committee itself, who report paying these temporary clerks for but a year might have clearly this bill, dare not bring in, is offered here in this way, and they desired to make a point of order on the amendment offered by the dare not make a point of order against it. They knew it wa-s gentleman from New York. Does the gentleman from Indiana subject to a point of order, and yet not one of that committee think it was fair to the House or the Committee of the Whole- raised the point of order, nor did the gentleman from New York Mr. HEMENWAY. Let me answer one question at a time. [Mr. LITTAUER] give us a chance to raise it here. Certainly it Mr. MANN. I have not asked my question yet. was the duty of the committee to deal more frankly and openly Mr. HEMENWAY. I thought you had, at least one question; in this matter. We have little chance to know when the bill and now you are asking another-whether I think it fair to do carries new legislation and when it does not, unless the commit­ something. Let me answer your first question. tee familiar with the bill explain it. I submit, Mr. Chairman, [Here the hammer fell.] . that it is new legislation, and bad legislation at that. Let the Mr. JENKINS. As a substitute for the pending amendment, clerks, if retained at all, be retained as temporary. I offer the provision which I send to the desk. Mr. MOODY of Massachusetts. Mr. Chairman, a parliamentary The Clerk read as follows: inquiry. What point of order is now pending, and to what Provided That the President may at any time during the fiscal year 1900 amendment? transfer an' such additional clerks and other employees herein referred to to The CHAIRMAN. A point of order is pending against the the classified service. substitute offered by the gentleman from Wiscoru in [Mr. Mr. SIMS. Mr. Chairman, I reserve the point of order. I JENKINS]. - think I am in time this time. Mr. MOODY of Massachusetts. But no point of order is pend­ Mr. JENKINS. I will accept the amendment of the gentle- ing against the amendment offered by the gentleman from New man n:om Georgia. York [Mr. LITTAUER]? Mr. LIVINGSTON. With the consent of the gentleman, I The CHAIRMAN. No. move to strike out" 1903" and to make it read" 1902 or 1903." Mr. THAYER. Mr. Chairman- Mr. MANN. I reserve a point of order on that, Mr. Chair­ The CHAIRMAN. Does the gentleman desire to be heard o~ man, until we know what the amendment is. the point of order? 1902. CONGRESSIONAL RECORD-HOUSE. 1473

Mr. THAYER. No; I want to make an inquiry of the com­ report the amendment offered by tb.e gentleman from New York. mittee. I am rather in favor of the amendment of the gentleman The Clerk again read the an1,endment. from New York [Mr. LITT.A.UER], but there is one thing which I Mr. LIVINGSTON. The difference between the two proposi­ do not fully comprehend. tions is this: The gentleman from New York gives discretionary I understand there are now some 500 clerks in the War De­ power to the President to do what he chooses, and exercise a great partment on the temporary list, and his amendment here will deal of partiality~ if he desires to do so. He can put in ten and make those permanent. If they have been retained there three stop there, or put in a hundred and stop there, or he can pick years under this temporary provision, why can you not retain them out and put them in and leave others out. The amend­ -them right along another year in the same way? Why are we ment of the gentleman from Wisconsin authorizes him to put obliged now to make the change? them all in or none-that is the difference. . Mr. LITTAUER. Only to ~ake them permanent, in the sense Mr. GROSVENOR. And a great deal of difference, too. that they would be under the provisions of what we call the civil­ The amendment to the substitute offered by Mr. J&"'KINS was service law. agreed to . . Mr. THAYE.R. I understand that. The CHAIRMAN. The question is on the amendment offered by the gentleman from Wisconsin as a substitute for the amend­ [Mr. LITTAUER addressed the committee. See Appendix.] ment offered by the gentleman from New York. The CHAIRMAN. The Chair will take occasion to say that if The question was taken; and on a division (demanded by Mr. the original amendment was before the Chair with a point of SHAFROTH) there were-ayes 77, noes 39. order pending it would require all the eloquence of the distin­ So the amendment to the amendment by way of substitute was guished gentleman from New York to disabuse the mind of the agreed to. Chair of some prejudice that he might have against that amend­ The CHAIRMAN. The question now is on agreeing to the ment. amendment as amended by the substitute. The Chair is quite clear that if the point had been raised that The question was taken; and on a division (demanded by Mr. the Chair would have sustained it against the original amend­ SH.A.FROTH and Mr. GAINEs of Tennessee) there were-ayes 81, ment. The Chair can not be responsible for the negligen:ce of noes 56. members of the Honse who sleep on their rights. Mr. SHAFROTH. I call for tellers, Mr. Chairman. Mr. GAINES of Tennessee. Who were outraged by other Tellers were ordered; and the Chair appointed as tellers Mr. members of the Honse on this committee. LITT.A.UER and Mr. SHAFROTH . . The CHAIRMAN. The substitute-being in the opinion of the The question was again taken; and the tellers reported-ayes 92, Chair substantially the same as the amendment itself, the Chair noes 61. overrules the point of order, and the question is on the substitute. So the amendment as amended was agreed to. Mr. MANN. Mr. Chairman- Mr. RAY of New York. Mr. Chairman, with the consent of Mr. WILLIA1tiS of Mississippi. Has that substitute ever been the committee and the chairman of the subcommittee, I ask to read to the House? return to page 15 for the purpose of offering an amendment. Mr. MANN. Pending the question of the ruling of the Chair, Mr. HEMENWAY. I desire to reserve a point of order. my understanding was that they accepted the amendment to the The CHAIRMAN. The amendment will be reported before substitute, m&king it apply to the present fiscal year. consent is asked to return to the paragraph. The Clerk will re­ Mr. LIVINGSTON. I am ready to offer that, if I have an port the amendment. opportunity. I move to amend the substitute, making it1902 or The amendment was read, as follows: 1903. / - In line 13, page 15, after the word "Affairs," insert the words "and the Judiciary." In line 14 strike out "one thousand four hundred and fifty-two" Mr. MANN. I raise the point of order upon that. and insert "two thousand one hundred and seventy-eight." The CHAIRMAN. The gentleman from Georgia offers an amendment, which the Clerk will report. The CHAIRMAN. Is there objection to recurring to the para­ The Clerk read as follows: graph for the purpose of offering the amendment? Mr. GAINES of Tennessee. What is the amendment about? Insert after the word "year" the words "1902 or," so as to read "during. the fiscal year 1902 or 1903." The CHAIRMAN. Without objection, the Clerk will again report the amendment. Mr. WILLIAMS of Mississippi. Now, Mr. Chairman, I ask The amendment was again read. unanimous consent that the substitute as offered by the gentle­ Mr. SHAFROTH. What does this amendment relate to? man from Wisconsin [Mr. JENKINs] may be read. :Mr. RAY of New York. I will explain. The CHAIRMAN. Without objection, the Clerk will read the Mr. SHAFROTH. I reserve the point of order, Mr. Chairman. substitute offered by the gentleman from Wisconsin. Mr. GAINES of Tennessee. I reserve the point of order. The substitute offered by Mr. JENKINs, as proposed to be The CHAIRMAN. The question is, first, Will the committee amended by Mr. LIVINGSTON, was read. consent to return to the paragraph? · Mr. WILLIAMS of Mississippi. I desire to make the inquiry, Mr. GAINES of Tennessee. I will not consent, Mr. Chairman, is that the substitute offered by the gentleman from Wisconsin until l-know what the amendment relates to. plus the amendment of the gentleman from Georgia? Mr. RAY of New York. Mr. Chairman, thematterofassistant · The CHAIRMAN. That includes the amendment offered by clerks for three committees was referred to the Committee on the gentleman from Georgia. Accounts, and that committee has recommended that they be Mr. WILLIAMS of Mississippi. Well, I wanted to hear the allowed. This includes an assistant clerk for the Committee on the amendment offered by the gentleman from Wisconsin as a substi­ Judiciary. I did not go to the Committee onAppropriationswith tute. the matter, but it seems that the other two committees did, and The CHAIRMAN. The Clerk will report the substitute as of­ the allowance of compensation for the clerks was put into the a:P­ fered by the gentleman from Wisconsin, and will also report the pmpriation bill. I was not in when that clause of the bill was amendment to the substitute, offered by the gentleman from read, and I simply ask to go back for the purpose of having a pro­ Georgia. vision forthe assistant clerk of the Judiciary Committee inserted The substitute offered by Mr. JENKINS, and ~he amend:roont to in the bill, with those of the other committees. This is but just the substitute, offered by Mr. LIVINGSTON, were again reported. and proper, and carries out the recommendation of the Committee · The CHAIRMAN. The question is on the amendment of the on Accounts. The Committee on Accounts reported the three gentleman from Georgia to the substitute. committees together-- - LITTAUER addressed the committee. See Appendix.] Mr. GAINES of Tennessee. Is this new legislation? Does it (:?\Ir. _change existing law? Mr. JENKINS. My amendment proposes to put them all in Mr. RAY of New York. Oh, I think not. and remove all chance of favoritism. The amendment of the Mr. GAINES of Tennessee. What does the committee want gentleman from New York places it in the discretion of the Presi­ with two clerks? The committee has not reported any business dent to put in one or more when he sees fit. Every one of the this session. clerks is meritorious and every one competent. Inasmuch as the Mr. RAY of New York. I beg the gentleman's pardon. We Department says they need them, I do not know why the amend­ reported five bills this morning, and we have reported a great ment should not be adopted, so as to transfer them all and not many heretofore. We shall report many more. We certainly give an opportunity to select favorites and exclude those who are need thisclerk. just as much entitled to recognition for their services as others. :Mr. GAINES of Tennessee. How many clerks have you had Mr. CRUMPACKER. Mr. Chairman, I ask that the amend­ heretofore? ment offered by the gentleman from New York may be again Mr. RAY of New York. We had this assistant clerk in the read. It was read under such circumstances that many members last Congress; but we have not had one during the present of the committee did not understand its provisions. Congress. In order to have one, it is necessary to get authority The CHAIRMAN. Without objection, the Clerk will again for it. xx.xv-· 93

.' 1474 CONGRESSIONAL-RECORD-HO.USEce FEBRU.ARY 7'

Mr. SHAFROTR. Does this provision make this clerk an an­ the Committee on Appropriations and have a provision inserted nual clerk? in this bill the matter was not attended to. That was simply an Mr. RAY of New York. No; just for the session. oversight on his part. Mr. SHAFROTH. And this is nothing more than you asked Mr. MANN. Was not this proposition originally reported from for last year? the Committee on Accounts and voted down by the House? Mr. RAY of New York. Nothing more than we asked for and Mr. HUGHES. No, sir. had in the Fifty-sixth Congress. :Mr. GAINES of Tennessee. We have not been able to hear the Mr. SHAFROTH. And the salary is the same? explanation of the gentleman from New York [:Mr. RAY]; and Mr. RAY of New York. There is no salary, but a per diem­ therefore, in the absence of information about this proposition, I $6 a day for the session. The amendment proposes to give us object to the request for unanimous consent. only just what we have had and what we need now. Mr. HILL. Mr. Chairman, with the consent of the gentleman Mr. SHAFROTH. How did you get left out in this matter, in charge of this bill, I desire to offer an amendment, to come in anyway? at the end of line 8, page 49. I ask the Clerk to read it. Mr. RAY of New York. I went before the Committee on Ac­ The Clerk read as follows: counts and the proposition was recommended by them. I did P ?'O'I:ided, That for the fi!!Cal year of l.llre and thereafter a full and com­ not go to the Committee on Appropriations. I suppose I was plete list of all officers, agents, clerks~~d other employees of the office of the Comptroller of the Currency, incluaing bank examiners, receivers, and at­ negligent in not going there, but I was busy in the committee torneys for receivers, and clerks employed by such examiners and receivers, room. When this item was passed in the pending bill I was not or any other person connected with the work of said office, in Washington or in the House, but busy in committee. elsewhere, whose salaries or compensation is paid from the Treasury of the United States or assessed against or collected from existing or failea banks Mr. MANN. I understood the gentleman to state that some under their supervision or control, shall be transmitted to the Secretary of time ago the Committee on Accounts made a report covering this the Interior in accordance with the p1·ovisi.ons of an act of Congress, ap­ clerk, with others. proved January 12, 1805, relating to the official register: And provided f ur­ ther, That the Comptroller of the Currency is hereby directed to include in .Mr. RAY of New York. They reported in favor of these three his a.nnnal report to the Speaker of the House of Representatives expenses clerks. These other two clerks for Committee on Military and incurred durrng each year in liquidation of ea.ch failed national bank sepa­ Naval Affairs were inserted i1]. the bill, but not the clerk for our rately. committee, because I suppose I did not go before the committee. The CHAIRMAN. Is there objection? Mr. MANN. I thought the gentleman said he went before the Mr. UNDERWOOD. Mr. Chairman, I should like to ask the Committee on Accounts? gentleman from Connecticut-- Mr. RAY of New Ymk. I did go before the Committee on Mr. HEMENWAY. 1\Ir. Chairman- Accounts, but not before the Committee on Appropriations. Mr. GROSVENOR. I will reserve the question of objection. Mr. MANN. What was the report of the Committee on Ac­ Mr. RICHARDSON of Tennessee. I reserve an objection. counts on your matter? _ Mr. HEMENWAY. Will the gentleman yield? Mr. RAY of New York, They reported in favor of this clerk Mr. RICHARDSON of Tennessee. I will withdraw the objec­ as well as the clerks of the other two committees. tion if the gentleman wishes to make some explanation-if we Mr. MANN. We had before the House some time ago a report can get order. from the Committee on Accounts, which was adopted by the .Mr. UNDERWOOD. I should like to ask the gentleman from House and which was understood to cover everything of this kind. Connecticut-- Mr. RAY of New York. Since that time we went before the The CHAIRMAN. The committee will be in order, please. Committee on Accounts and they have reported in favor of clerks The gentlemen will not proceed until the committee is in order. for these three committees. The Committee on Naval Affairs and Mr. HEMENWAY. Mr. Chairman, I made no objection to the Committee on Military Affairs made application to the Appro­ returning to this point, for the reason that the gentleman from priations Committee to have their additional clerks provided for Connecticut [.Mr. HILL] seeks to cure an a bnse in the office of the in this bill, and they were put in. But I did not think of going Comptroller of the Currency. We have ascertained that in that and did not go before that committee in behalf of the Committee office men have been employed who are not carried upon any ap­ on the Judiciary, and I wa-s busy in the committee room the other propriation bill and are not mentioned in any report from that day when this item was passed in the present bill, so that this re- office to Congress, and that extravagant salaries have been paid. quest was not made at that time. . For instance, a receiver at $7,000 a year has been provided for Mr. 1\IANN. May I ask the gentleman a further question? As there and one at $5,000 a year is now provided for there. I understand from the gentleman's explanation, the Committee Mr. GAINES of Tennessee. Who did that? on Accounts made a report recommending an additional clerk for Mr. HEMENWAY. The Comptroller of the Currency. his committee, as well as for the Naval Committee, and what Mr. GAINES of Tennessee. And there is no law for it? other committee? Mr. HEMENWAY. With a force of clerks under them. They Mr. RAY of New York. The Committee on Military Affairs. also have employed a gentleman at $25 per day, with a force of Mr. MANN. And that was in the report which the Committee clerks under him. The money to pay this force of clerks has been on Accounts submitted to the House? secured from failing banks. They have been assessed, and in that Mr. RAY of New York. It is now included in the report of way the money secured by which these two separate sets of clerks the Committee on Accounts, but has never been acted on by the in the city of Washington and, as I understand it, three clerks in House. the city of Chicago are paid. Mr. ~IANN. Did not the House strike out the provision for Mr. UNDERWOOD. Will the gentleman from Indiana allow those three committees? me to ask a question? Mr. RAY of New York. No, sir. Mr. HEMENWAY. Yes. Mr. MANN. What was done with that report? Mr. UNDERWOOD. I should like to know if the purpose of Mr. RAY of New York. The report is now pending in the this amendment is solely to furnish Congress with information as House, but has not been called np or acted on. to what is being done in that office. Mr. MANN. I remember very distinctly that the House struck Mr. HILL. That is all. out a provision for the Naval Committee. Mr. HEMENWAY. The purpose of this amendment is to pro­ Mr. RAY of New York. If the gentleman will turn to page 15 hibit such a state·of affairs in the future and to require a report of this bill, he will find the following provision: of the number of people employed out of this fund, and the sal­ For an assistant clerk to each of the Coli1mittees on Military Affairs and aries paid. That is the sole purpose of the amendment offered No. val Affairs, at $6 per day each during the session, $1,452. by the gentleman. Those two committees and the Committee on the Judiciary were Mr. RICHARDSON of Tennessee. What bill has been carry­ reported together from the Committee on Accounts favorably. ing the appropriation for these salaries heretofore? The House has not acted upon the matter at all-upon the report Mr. HEMENWAY. There has been no appropriation carried of the Committee on Accounts; it is still pending in the House. for these salaries on any appropriation bill. These people have But gentlemen representing two of these committees went to the been paid out of moneys collected from failing banks that were Committee on Appropriations. I did not go; Ididnotthinkofit. in the hands of receivers. And I was not in the House when we passed over this item I have Mr. RICHARDSON of Tennessee. I see no objection to the just read, which hAs been already adopted by the House. I was amendment. in my committee room at the time. If I had been here I should Mr. SHAFROTH. It seems to me there ought not to be any have brought this proposi tion up. All three committees were objection to it. treated alike by the Committee on Accounts. Here is a member Mr. WILLIAMS of Mississippi. Iwithdrawthe point of order. of that committee who will confirm what I will say. Mr. GATh~S of Tennessee. I insist upon it until I have heard Mr. HUGHES. The gentleman from New York, representing from the gentleman from Connecticut. the Judiciary Committee, came before the Committee on Accounts, Mr. HILL. Mr. Chan-man, it seems to me this proposition and this additional clerk was allowed to that committee; but be­ ought to carry itself. I have before me the Official Register with cause the chairman of the Judiciary Committee failed to go before the law, and as I read it every -employee of the United States 1,902. CONGRESSIONAL RECORD-.HOUSE. 1475

Government, his namo, residence, salary, and so forth, should be Mr. MANN. Are you aware of any payment in excess of $4,000? found in it. I believe that refers just as much to a national­ Mr. HEMENWAY. Yes, sir. bank examiner who is appointed by the Comptroller, and who Mr. MANN. What is it? collects his money from the banks at a specified fee fixed by law, Mr. HEMENWAY. Here is a rate of compensation to one gen­ as to the Comptroller who appoints him. But no such report has tleman of $25 a day, and here is another rate of compensation to been made recently, and the information can not be found in the another gentleman of $7,000 a year, and a rate of compensation to Official Register. The amendment proposes that the names of all another of $5,000 a year. appointees of the United States Government who receive com­ Mr. CANDLER. By what authority of law have these salaries pensation or emolument shall, as provided in the act of January been paid? 12, 1889, be found in that register. Mr. HEMENWAY. I do not believe myself there is any au­ And in addition to that it provides that the report of the Comp­ thority of law for the payment of these salaries. They are troller of the Cun-ency, which is made to the Speaker of the House brought up in this way: When a national bank fails it is placed of Representatives every year, snail contain the expenses of the in the hands of a receiver. Now, it isclaimed bythe Comptroller liquidation of each bank separately. I do not believe it is right that when these banks get to the point when the receiver is dis­ that the creditors of a defunct national bank should have their charged, then their business is finally wound up in the city of money taken for expenses without knowing how much is taken; Washington here in these two departments. Now, at the head and that is all the amendment calls for. It is not a change of of one of these departments is an expert receiving 25 a day, and existing law in any sense. I do not believe that it is subject to at the head of another is an expert receiving $7,000 a year, and the point of order, and if it was, I do not believe there is a man they get their salaries by an assessment upon these banks that on this floor who would want to make it. have failed. Mr. SHAFROTH. It only calls for a report, does it not? Mr. MANN. This provision would apply to all receivers of Mr. HILL. That is all. national banks anywhere? Mr. WILLIAMS of Mississippi. Iwithdrawthepointof order. Mr.HEMENWAY. Yes. Mr. MANN. Doesitapplytoanythinge.xcepttheComptroller's Mr. MANN. Take, for instance, a national bank of Chicago office? which failed a few years ago with assets of $10,000,000. The Mr. HILL. I do not know of any other department of the Gov­ gentleman would limit this so as to apply only to the force em­ ernment where this practice exists, because I know of no other ployed here. department of the Government where officials are paid by assess­ The CHAIRMAN. The Chair would like to hear what is going ments upon defunct institutions. If there were any such, I should on. It is imposssible to do so unless the committee be in order. include it in the amendment. Mr. :MANN. I understand the force in Washington are ap­ Mr. MANN. The reason I aak is because I have been trying to pointed as a temporary receiver of the bank? get some information about the Revenue-Cutter Service, and they Mr. HEMENWAY. Oh, no; it would not affect the receiver. do not publish in the BlueBook or the OfficialRegisterthenames The CHAIRMAN. The committee will not proceed any fur­ of any of the employees. ther with business until it comes to order. The Chair is abso­ Mr. HILL. Then I trust the gentleman will offer a similar lutely unable to hear what is said by gentlemen discussing this amendment when that matter comes np on the proper apJ?ropria­ point of order. tion bill. Mr. MANN. Now, Mr. Chairman, if this bill itself carries the Mr. MANN. The gentleman's statement covered both, and I appropriation out of which these salaries were paid, it is proba­ asked whether his amendment covers them both. ble that the point of order would not lie and the appropriation Mr. HILL. It simply covers a matter that I know about. might be limited in the payment of salaries; but this bill has Mr. GAINES of Tennessee. The purpose of this is first to get nothing to do with the money out of which these salaries are a. report. paid. This is clearly an act of legislation, and while the amend­ Mr. HILL. Certainly. ment of the gentleman from Connecticut has been subject to a. Mr. GAINES of Tennessee. Now, this is the report from the point of order, and that point of order having been waived, it Comptroller of the Treasury, showing the number of officers, who would not make this amendment not subject to a point of order, they are, what they have been paid, who have been appointed to because this is clearly additional legislation; not a restriction do the work, haye done the work, and been paid when there is no upon the money appropriated, but a clear act of new legislation, -work to do. which always changes existing law. This amendment is not ger­ Mr. HILL. Oh, no. mane to the amendment, because the original amendment had no Mr. GAINES of Tennessee. Is not that the fact? contemplation-- Mr. HILL. Oh, no; this is the report for this year. Mr. WIT,f,IAMSof Mississippi. Does not the gentleman think Mr. GAINES of Tennessee. It shows just how little we can the amendment to the amendment is a limitation upon the sub­ hear over here. It is almost impossible to hear. Now ·I with­ ject-matter of the amendment? draw my objection, having obtained that information. Mr. MANN. No. Of course~ like the gentleman from Missis­ The CHAIRMAN. Is there objection? [After a pause.] The sippi, my knowledge of the amendment of the gentleman from Chair hears none. Connecticut is from the gentleman's own statement. His state­ Mr. HEMENWAY. Mr. Chairman, I present the following ment was that this merely called for a report. Now, here is a amendment to the amendment. I think it will be accepted. proposition to fix the salary. Mr. WILLIAMS of Mississippi. I want to reserve the point of Mr. WU,L£A1tfS of Mississippi. Mr. Chairman, the motion of order upon the amendment. · the gentleman from Connecticut calls for a report. The amend­ The Clerk read as follows: ment is that in making the report there shall be no salary above P1·ovided furthel", That hereafter there shall not be paid to any person em­ a certain amount. ployed by m· under the office of the Comptroller of the Currency, from funds Mr. MANN. No; there shall be no salary paid above a certain belonging to insolvent national banks, compensation exceeding at the rate amount. of $4,000 per annum. The CHAIRMAN. The Chair is ready to rule. The Chair has Mr. WILLIAMS of Mississippi. Iwithdrawthepointoforder. no hesitation in saying that the amendment is not germane to the Mr. MANN. I insist upon the point of order, Mr. Chairman. amendment now bef01·e the committee. It is on a different sub­ The CHAIRMAN. What point of order does the gentleman ject-matter. The question is on the adoption of the amendment raise? before the committee. Mr. MANN. That is purely new legislation, Mr. Chairman­ The question was taken; and the amendment was agreed to. a change of existing law. Mr. SMITH of Illinois. Mr. Chairman, I ask unanimous con­ Mr. LIVINGSTON. The amendment had no point of order sent to recur to pages 14 and 15 for the purpose of offering two on it, and therefore an amendment to the amendment is not sub- innocent amendments, and to say that at the time these two para­ ject tothe_point of order. . graphs were read, fora short time, I was absent on account of the Mr. MANN. I also make the point of order that it is not ger­ serious illness of a friend, and could not be present to offer the mane to the amendment. amendments at that time. , Mr. HEMENWAY. If the Chair is in doubt,Iwantto be heard. Mr. HEMENWAY. Mr. Chairman, I regret that I am con- ' The CHAIRMAN. The Chair would be pleased to hear the strained to object. • gentleman from Indiana at the same time he is looking this ov-er. The CHAIRMAN. Objection is made. Mr. HEMENWAY. The amendment offered by the gentleman Mr. GROSVENOR. :Mr. Chairman, I move to strike out the from Connecticut seeks to prohibit the paying of salaries out of last word of section 4. I do it for the purpose, among other things, this fund collected from failing national banks. There has here­ of inquiring of the gentleman from Indiana what authority de­ rtofore boen paid out of this fund salaries of $7,000 a year, of $25 cides the Question that may be raised under this section as to the a day, and $5,000 per year, and so on. Now, my amendment seeks competency and capacity of the clerks in the Treasury and other to limit the amount of salary that can be paid to any one person public offices? . 1out of this fund to which the gentleman's· amendment refers. Mr. HEMENWAY. I call the attention of the gentleman from 1476 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 7,

Ohio to a provision that has been carried on the bill for some time tion the bill (H. R. 10847) making appropriations for the legisla­ that- tive, executive, and judicial expenses of the Government for the The appropriation herein ma.de for the officers, clerks, and persons em­ fiscal year ending June 30, 1903, and for other purposes, and had ployed in the public servi~ shall not be available for the compeilS&tion of directed him to report the same back with sundry amendments, any persons permanently incapacitated for performing such service. and with the recommendation that the amendments be concurred Now, we have struck out the words "permanently incapaci­ in and the bill as amended passed. · tated" and say" incompetent or incapacitated," the object being The SPEAKER. The question is on agreeing to the amend­ this, if the gentleman desires to know: We have had considerable ments reported from the Committee of the Whole. Is a separate trouble in inducing the heads of departments to discharge incom­ vote demanded on any amendment? [After a pause.] In the petent clerks, and when the.question is put, "Why don't you dis­ absence of such a demand, the ChaJ..r will put the question on the charge them?" they say, " Well, your provision states that they amendments in.gross. must be permanently incapacitated.'' So we strike out the word The amendments were agreed to. "permanently" and say "incompetent or incapacitated." The bill as amended was ordered to be engrossed, and read a Mr. GROSVENOR. The gentleman's answer has satisfied me third time; and it was accordingly read the third time, and passed. pretty well on that subject. But I have a letter, Mr. Chairman, On motion of Mr. HEMENWAY, a motion to reconsider the fl'Om a constituent that has given me a good deal of anxiety to­ last vote was laid on the table. day, and I want to call the attention of the House of Representa­ Mr. HE.MENWA Y. I ask unanimous consent that the gentle­ tives, sitting in Committee of the Whole, to what I deem a very man from Nebraska [Mr. BuRKETT] be permitted to extend his important question. I had not thought of it until my constituent remarks in the RECORD. wrote to me, and he writes me a series of interrogatories of this There was no objection. character. He has discovered, what I had not discovered before SENATE BILLS REFERRED. until the letter called my attention to it, that the system of rural free delivery that we have heard something about has been Under clause 2 of Rule XXIV, Senate bills of the following titles placed under the civil-service law of the country, and competitive were taken from the Speaker's table and referred to their appro­ e11e:.minations, academic and otherwise, are to be held for these- priate committee, as indicated below: lection of these important personages who carry the mail. · S. 2170. An act to provide for the purchase of a site and the The wording of the order is of such a broad character that my erection of a post-office building thereon at New York, borough constituent is worried about this view of it. He says the system, of Manhattan and State of New York-to the Committee on Pub­ according to his understanding of the language or something lic Buildings and Grounds. sinilar to that, is made up of three general grand divisions­ S. 2782. An act to authorize the construction of a bridge across firs-.;, the man himself; second, the horse; and, third, the wagon. the Columbia River by the Washington and Oregon Railway [Laughter.] Company-to the Committee on Interstate and Foreign Commerce. Now, he desires to know this, Will these competitive examina­ S. 715. An act to provide for two additional associate justices tions that are to be carried on, as I understand it by a board of of the supreme court of the Territory of Oklahoma, and for other distinguished scientists-veterinary surgeons, blacksmiths, and purposes-to the Committee on the Judiciary. wagon makers [laughter]-will that examination be in gross or S. 460. An act increaSing the limit of cost of public building at in detail? Will there be one concern, one aggregation of man, Newport News, Va.-to the Committee on Public Buildings and horse, and wagon, or will there be three several component parts, Grounds. each of which must stand upon its own merit? [Laughter.] S. 256. An act to provide for the purchase of a site and the Mr. HEPBURN. Of course, this is a merit system. [Laugh­ erection of a public building thereon at Tacoma, in the State of ter.] Washington-to the Committee on Public Buildings and Grounds. Mr. GROSVENOR. It is of the highest importance, and the S. R. 51. Joint resolution to provide for the printing of 8,000 merit system is coming squarely into action. [Laughter.] copies of the Annual Report of the Office of Experiment Stations, Mr. ROBINSON of Indiana. I have tried for a long time to prepared under the direction of the Secretary of Agriculture, for bring this matter to the consideration of the Department, but the fiscal year ended June 30, 1901-to the Committee on Printing. have encountered the same difficulty that the gentleman has. ENROLLED BILL SIGNED. Mr. GROSVENOR. The Department has got me into this Mr. WACHTER, from the Committee on Enrolled Bills, re­ trouble, and I am seeking some method of getting out of it. ported that they had examined and found truly enrolled bill of There is just as much necessity for a meritorious wagon as there the following title; when the Speaker signed the same: is for a meritorious man; and surely nobody will deny that a H. R. 8761. An act to declare the international railway bridge meritorious horse is an imperative necessity in this case. over the St. Lawrence River, near Hogansburg, N.Y., a lawful A MEMBER. And harness, too. structm·e. Mr. GROSVENOR. The issue was presented to me in this WITHDRAWA.L OF P .A.PERS. form: Suppose now that in this competitive examination a com­ Mr. WHEELER, by unanimous consent, obtained leave to with­ petitor, A, should rank No. 1 under the man examination; but draw from the files of the House papers in the case of W. M. A's horse is away down at the foot, and the wagon somewhere Sparks (Fifty-fourth Congress), no adverse report having been between. What is to happen? [Laughter.] It seems to me made thereon. there ought to be a provision that when the man comes into com­ LEAVE OF ABSENCE. petition, he surrenders himself and his horse and his wagon to the judgement of these scientists, and if A should be selected as the car­ Mr. WANGER, by unanimous consent, obtained leave of ab­ rier, B must surrender his right to the horse, if his horse is of the sence for one day, on account of imporl.ant business. best character; and the wagon must take the same course. And then, on motion of Mr. HEMENWAY (at 5 o'clock and 10 Now, I submit to the Committee on Reform in the Civil Service minutes p. m.), the House adjourned. that there ought to be a clear definition sent to the people of the country, advising them where the merit system applies and which EXECUTIVE COMMUNICATIONS. is the dominating factor-the man, or the horse, or the wagon. Under clause 2 of Rule XXIV, the following executive com­ [Laughter.] Which factor is to control inmakingupthisreport? munications were taken from the Speaker's table and referred as It is a matter of magnificent importance, and the whole system follows: is threatened with overthrow on this very ground. [Renewed A letter from the Secretary of the Treasury, transmitting a laughter.] copy of a communication from the Supervising Surgeon-General Mr. LACEY. As I do not see present the distinguished chair­ Marine-Hospital Service submitting a revised estimate of appro­ man of the Committee on Reform in the Civil Service, and as I am priation for clerical service-to the Committee on Appropriations, a member of that distinguished committee, I-should like to ask and ordered to be printed. the gentleman from Ohio whether there is anything in the merit A letter from the Secretary of War transmitting, with a letter system that recognizes increased merit by reason of length of from the Chief of Engineers, report of revised estimate of cost of service of the wagon or of the horse. completing Locks and Dams Nos. 1 and 3 and for constructing Mr. GROSVENOR. There is another trouble. Dam No.2 on Allegheny River, Pennsylvania-to the Committee Mr. WILLIAMS of Mississippi. How about the "veteran" on Rivers and Harbors, and ordered to be printed. horse? A letter from the Secretary of the Treasury, transmitting the The Clerk resumed and concluded the reading of the bill. draft of a bill making an appropriation for support of the Perma­ Mr. HEMENWAY. I move that the committee rise and report nent International Commission of the Congre es of Navigation­ the bill with the amendments to the House. to the Committee on Appropriations, and ordered to be printed. The motion was agreed to. A letter from the Secretary of War, transmitting, with a letter The committee accordingly rose; and the Speaker having re­ from the Chief of Engineers, recommendations in relation to claims sumed the chair, Mr. LouD reported that the Committee of the arising from the burning of the steamer Wynoka-to the Com­ Whole House on the state of the Union had had unp.er considera- mittee on Claims, and ordered to be printed. 1902. .CONGRESSIONAL RECORD-HOUSE. 1477

REPORTS OF COMMITTEES ON PUBLIC BILLS AND By Mr: JENKINS: A bill (H. R. 11054) to provide for the dis­ RESOLUTIONS. tribution of the reports of the United States circuit courts of ap­ Under clause 2 of Rule XIII, bills and resolutionS were sever­ peals and of the circuit and district courts-to the Committee on ally reported from committees, delivered to the Clerk, and re­ the Judiciary. ferred to the several Calendars therein named, as follows: By Mr. CUMMINGS: A joint resolution (H. J. Res. 148) in re­ Mr. JENKINS, from the Committee on the Judiciary, to which lation to prison-ship martyrs at Fort Greene, Brooklyn, N. Y.-to was referred the bill of the House (H. R. 10068) for the creation the Committee on the Library. . of a national bureau of criminal identification, reported the same By Mr. SCOTT: A resolution (H. Res. 124) to authorize the with amendments, accompanied by a report (No. 429); which Doorkeeper of the House of Representatives to appoint Will said bill and report were referred to the Committee of the Whole Apitz a messenger on the soldier roll of the House-to the Com­ House on the state of the Union. mittee on Accounts. 11-fr. STEW.ART of New Jersey, from the Committee on Inter­ By Mr. WACHTER: A resolution (H. Res. 125) authorizing the state and Foreign Commerce, to which was referred the bill of chairman of _the Committee on Enrolled Bills to appoint a com­ the House (H. R. 4381) to authorize the Central Railway of West mittee-room janitor-to the Committee on Accounts. Virginia to build a bridge across the Monongahela River at or near Morgantown, in the State of West Virginia, reported the PRIVATE BILLS AND RESOLUTIONS. same without amendment, accompanied by a report (No. 430); which said bill and report were referred to the House Calendar. Under clause 1 of Rule XXII, private bills of the following titles Mr. LANHAM, from the Committee on the Judiciary, to which were introduced and severally referred as follows: was referred the bill of the House (H. R. 10380) to authorize the By Mr. BABCOCK: A bill (H. R. 11007) for the relief of Capt. transfer to an adjoining district of causes in the district or circuit Herman C. Schumm-to the Committee on Claims. · courts ·of the United States in which the judge of the district By Mr. BURKETT: A bill (H. R.11008) granting a pension to wherein such causes are pending is disqualified, reported the same Annie Woodruff-to the Committee on Invalid Pensions. 'Yith amendments, accompanied by a report (No. 431); which By Mr. COWHERD: A bill (H. R. 11009) for the relief of said bill and report were referred to the House Calendar. William M. Smith-to the Committee on War Claims. Mr. GROSVENOR, from the Committee on the Merchant By Mr. CUSHMAN: A bill (H. R. 11010) for the relief of Marine and Fisheries, to which was referred the bill of the Sen­ Ramon 0. Williams and Joseph A. Springer-to the Committee ate (S. 946) to amend section 4400 of the Revised Statutes of the on Claims. United States, relating to a reciprocal recognition of boiler­ By Mr. CURRIER: A bill (H. R. 11011) granting an increase inspection certificates between the several maritime nations hav­ of pension to Emily J. Tallman-to the Committee on Invalid ing marine-inspection laws, reported the same without amend­ Pensions. ment, accompanied by a report (No. 432); which said bill and By Mr. DEEMER: A bill (H. R. 11012) to correct the military report were referred to the Committee of the Whole House on record of George 0. Pratt-to the Committee on Military Affairs. the state of the Union. Also, a bill (H. R. 11013) granting an increase of pension to Mary Hall-to the Committee on Pensions. . By Mr. DICK: A bill (H. R. 11014) granting a pension to Mag­ PUBLIC BILLS, RESOLUTIONS, AND MEMORIALS. gie E. Johnson-to the Committee on Invalid Pensions. Under clause 3 of Rule XXII, bills, resolutions, and memorials Also, a bill (H. R.11015) to correct the military record of Jacob of the following titles were introduced and severally referred as Ecke~to the Committee on Military Affairs. follows: Also,.-a bill (H. R. 11016) to remove the charge of desertion and By Mr. LACEY: A bill (H. R. 10995) to regulate the introduc­ grant an honorable discharge to Richard Lanigan-to the Com­ tion of eggs of game birds for propagation-to the Committee on mittee on Military Affairs. Agriculture. Also, a bill (H. R. 11017) for the relief of A. B. Ackerman-to By Mr. BOUTELL: A bill (H. R. 10996) to extend the juris­ the Committee on Military Affairs. diction of the circuit and district courts of the United States, and Also, a bill (H. R. 11018) granting a pension to Martha J. Hurl­ so forth-to the Committee on the Judiciary. hut-to the Committee on Invalid Pensions. By Mr. WEEKS: A bill (H. R. 10997) authorizing the Commis­ By Mr. GREENE of Massachusetts: A bill (H. R. 11019) direct­ sioners of the District of Columbia to set apart certain streets in ing the Secretary of the Treasury to bestow medals upon First the District of Columbia as a speed way-to the Committee on the Lieut. David H. Jarvis, Second Lieut. Ellsworth P. Bertholf, and District of Columbia. Samuel J. Call, surgeon, all of the Revenue-Cutter Service-to By Mr. OTEY (by request): A bill (H. R. 10998) authorizing the Committee on Interstate and Foreign Commerce. certain municipal improvements in the District of Columbia, and By Mr. HALL: A bill (H. R. 11020) granting an increase of the anticipation of the revenues of said District on account thereof, pension to Oliver P. Alsbach-to the Committee on Invalid Pen­ and for other purposes-to the Committee on the District of Co­ sions. lumbia. By Mr. JOY: A bill (H. R. 11021) for the relief of Martha A. By Mr. HAUGEN: A bill (H. R. 10999) to provide rules and Murphy-to the Committee on War Claims. · regulations governing the importation of trees, plants, shrubs, By Mr. KEHOE: A bill (H. R. 11022) granting an increase of vines, grafts, cuttings, and buds, commonly known as nursery pension to Jacob L. Miller-to the Committee on Invalid Pensions. stock, and fruits into the United States, and rules and regula­ Also, a bill (H. R. 11023) for the relief of Thomas H. Staple­ tions for the inspection of trees, plants, shrubs, vines, grafts, ton-to the Committee on Military Affairs. cuttings, and buds, commouly known as nursery stock, grown By Mr. LACEY: A bill (H. R. 11024) granting an increase of within the United States, which become subjects of interstate pension to James Poulson-to the Committee on Invalid Pen­ commerce or exportation-to the Committee on Agriculture. sions. By Mr. RIXEY: A bill (H. R. 11000) to amend an act entitled By Mr. LLOYD: A bill (H. R. 11025) granting a pension to "An ad to set apart a portion of the Arlington estate for experi­ Mary A. Carlile-to the Committee on Invalid Pensions. mental agricultural purposes," and so forth, approved April 18, By Mr. MARTIN: A bill (H. R. 11026) granting an increase of 1900-to the Committee on Military Affairs. pension to Dennis F. Andre-to the Committee on Invalid Pen­ By Mr. SCOTT; A bill (H. R. 11001) regulating the duties im­ siom;. posed on articles from Cuba imported into the United States-to By Mr. METCALF: A bill (H. R. 11027) to coiTect the military the Committee on Ways and Means. record of August E. Bouquet-to the Committee on Military Af­ By Mr. JENKINS: A bill (H. R. 11002) to amend an act enti­ fairs. tled "An act in relation to taxes and tax sales in the District of Also, a bill (H. R. 11028) to correct the military title of Fred Columbia," approved February 28, 1898-to the Committee on the R. N ugent-to the Committee on Military Affairs. District of Columbia. By Mr. PADGETT: A bill (H. R. 11029) for the relief of E. C. By Mr. CURTIS: A bill (H. R. 11003) to grant the right of way Overton-to the Committee on War Claims. through the Oklahoma Territory and the Indian Territory to the Also, a bill (H. R. 11030) for the relief of the estate of Andrew St. Louis and San Francisco Railroad Company-to the Committee Scott-to the Committee on War Claims. on Indian Affairs. Also, a bill (H. R. 11031) for the relief of the estate of B. H. By Mr. McCALL: A bill (H. R. 11004) regulating the duties im­ Caldwell-to the Committee on War Claims. posed on articles from Cuba imported into the United States-to Also, a bill (H. R. 11032) for the relief of the estate of Edwin the Committee on Ways and Means. Grant-to the Committee on War Claims. By Mr. OTEY (by request): A bill (H. R. 11005) to regulate Also, a bill (H. R. 11033) for the relief of the estate of F. T. · the production and sale of milk and cream in and for the District McLaurine-to the Committee on War Claims. of Columbia-to the Committee on the District of Columbia. Also, a bill (H. R. 11034) for the relief of the estate of Lemuel . By Mr. MONDELL: A bill (H. R. 11006) providing for a monu­ Long-to the Committee on War Claims. ment to mark the site of the Fort Phil Kearny massacre-to the Also, a bill (H. R. 11035) for the relief of the estate of Jona­ Committee on Military Affairs. than Mills-to the Committee on War Claims. - 1478 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 7,

By Mr. PATTERSON of Tennessee: A bill (H. R. 11036) for Also: petition of Theodore Unger and 24 other clerks of Branch the relief of John Conner, sr.-to the Committee on Claims. G, New York City post-office, for the classification of salaries of Also, a bill (H. R.11037) for therelief of the heirs of 1tfrs. M. L. clerks in first and second class post-offices-to the Committee on Rodgers, late of Memphis, Tenn.-totheCommitteeon War Claims. the Post-Office and Post-Roads. By Mr. HENRY C. SMITH: A bill (H. R. 11038) granting an Also, resolutions of Jewelers' Association and Board of Trade of increase of pension to Martha W. Taylor-to the Committee on New York City, indorsing the action of the recent reciprocity Invalid Pensions. convention-to the Committee on Ways and Means. By Mr. WILEY: A bill (H. R. 11039) granting relief to the es­ By Mr. BRANTLEY: Resolution of the Board of Trade of tates of James H. Judkins and William T. Judkins-to the Com­ Brunswick, Ga., for lighted buoys, light-ship, and range lights mittee on War Claims. for the port and outer ·bar of Brunswick, Ga.-to the Committee By Mr. WILLIAMS of Illinois: A bill (H. R. 11040) granting on the Merchant Marine and Fisheries. an increase of pension to David Holmes-to the Committee on In­ By Mr. BURK of Pennsylvania: Resolution of the Illinois valid Pensions. Manufacturers' Association, for extension of trade between Also, a bill (H. R. 11041) for the relief of Alfred Griffith-to United States and Cuba-to the Committee on Ways and Means. the Committee on War Claims. Also, petition of Ale Brewers' Association of New York and By 1tfr. YOUNG: A bill (H. R. 11042) granting a discharge to New Jersey, asking for the repeal of the war tax on malt liquors­ Samuel J. Matlock-to the Committee on Military Affairs. to the Committee on Ways and Means. Also, a bill (H. R. 11043) granting a discharge to Charles A. Also, resolution of Farragut Association, No. 1, of Philadel­ Thomas-to the Committee on Military Affairs. phia, in support of House bill No. 3097, to reimburse naval volun­ Also, a bill (H. R. 11044) granting a pension to Fanny Korn­ teers for clothing f-urnished-to the Committee on Naval Affairs. doffer, widow of George W. Korndoffer-to the Committee on By. llfr. BURKETT: Petition of William Baumer Post, No. 24, Invalid Pensions. · Department of Nebraska, Grand Army of the Republic, for in­ Also, a bill (H. R. 11045) granting an increase of pension to vestigation of the administration of the Bureau of Pensions-to William Stackhouse-to the Committee on Invalid Pensions. the Committee on Rules. Also, a bill (H. R. 11046) granting an increase of pension to By Mr. BULL: Petition of citizens of Greene, R.I., and vicin­ Thomas W. Rogers-to the Committee on Invalid Pensions. ity, favoring legislation against anarchists and the dissemin~tion Also, a-bill (H. R. 11047) granting an increase of pension to of anarchistic doctrines-to the Committee on the Judiciary. Phoebe Buch-to the Committee on Invalid Pensions. Also, resolutions of Painters and Paperhangers' Union of Prov­ By Mr. WACHTER: A bill (H. R. 11048) for the reli6f of idence, Mule Spinners' Union of Pawtucket, Bricklayers and Samuel B. Marts, managing owner schooner Nellie W. Howlett­ Masons' Union of Providence, and of the Atlantic Coast Seamen's to the Committee on War Claims. Union of Providence, R.I., in favor of the exclusion of Chinese Also, a bill (H. R. 11049) granting an increase of pension to laborers-to the Committee on Foreign Affairs. Louis H. Mayer-to the Committee on Invalid Pensions. By Mr. CALDERHEAD: Petition of the Reformed Presbyte­ Also, a bill (H. R. 11050) removing the charge of desertion rian Congregation of Olathe, Kans., in opposition to the passage from the record of John R. Carroll-to the Committee on Mili­ of the Chinese-exclusion act-to the Committee on Foreign .A1- tary Affairs. fairs. By Mr. HENDERSON: A bill (H. R. 11051) granting an in­ Also, resolution of the Dodge City (Kans.) Commercial Club, crease of pension to Henry E. Williams-to the Committee on condemning the proposed Bowersock land-grazing bill-to the Invalid Pensions. Committee on the Public Lands. By Mr. PERKINS: A bill (H. R. 11052) for the relief Nelson Also, petition of Reliable Flour Company, of Boston, Mass., in Johnson-to the Committee on Invalid Pensions. relation to the taxation of mixed flour-to the Committee on By Mr. MONDELL: A bill (H. R. 11053) providing for the issu­ Ways and Means. ance of patent to the town site of Basin, Wyo., to the municipal Also, resolution of the National Live Stock Association, at Chi­ authorities thereof for the use and benefit of said town-to the cago, Ill., protesting against class legislation directed against Committee on Patents. coloring, manufacture, or sale of oleomargarine-to the Commit­ tee on Agriculture. Also, resolution of the New Orleans Progressive Union; also PETITIONS, ETC. resolution of the Kansas State Board of .Agriculture, protesting Under clause 1 of Rule XXII, the following petitions and against the proposed tariff reduction on Cuban and foreign su­ papers were laid on the Clerk's desk and referred as follows: gars-to the Committee on Ways and Means. By the SPEAKER: Petitions of· Grand Army of the Republic Also, petition of Consolidated and Petroleum Exchange of New Post No. 221, Quenemo, Kans.; Edward Wray Post, No. 209, Linn York, for the repeal of portions of the war-revenue act-to the Creek, Mo.; J. J. McLane Post, No. 50, Dwight. N. C.; Sweet Committee on Ways and Means. Post, No. 195, Sargeant, Nebr.; David Ford Post, No. 11, Ellens­ By Mr. CAPRON: Resolutions of Central Trades and Labor burg, Wash.; Colonel Lennard Post, No. 257, Eldorado Springs, Union Bricklayers and Masons' Union No.1, and the Atlantic Mo.; General Hazen Post, No. 258, Lincoln, Kans., and Rogers­ Coast Seamen's Union, of Providence, R. I.; of Mule Spinners' ville Post, No. 200 Rogersville, Mo., for investigation of the admin­ Union and Painters and Paperhangers' Union, of Pawtucket, isti·ation of the Bureau of Pensions-to the Committee on Rules. R.I., and of Carpenters and Joiners' Union No. 977, of Arctic, By Mr. ADAMS: Resolution of Farragut Association, No. 1, R.I., in favor of the exclusion of Chinese laborers-to the Com­ Naval Veterans, of Philadelphia, in favor of House bill No. 3097, mittee on Foreign Affairs. to reimburse naval volunteers for clothing furnished-to the Com­ By Mr. CORLISS: Resolution of Brass Molders' Union No. 23, mittee on Naval Affairs. of Detroit, Mich., favoring the construction of naval vessels at By Mr. BELL: PetitionofPostNo.101, Grand Army of theRe­ Government navy-yards-to the Committee on Naval Affairs. public, of Hooper, Colo., urging that the navy-yards be utilized for ~ Mr. COWHERD: Petiti<;m of William M. Smith, of Mis­ the construction of war vessels-to the Committee on Naval souri, for reference of war clarrn to the Court of Claims-to the Affairs. Committee on War Claims. Also, resolution of Fruit Growers' Association of Boulder, By Mr. CURTIS: Petition of McPherson Post, No.4, Depart­ Colo., favoring Government reclamation of arid lands-to the ment of .1tfissouri, Grand Army of the Republic, to accompany Committee on Irrigation of .Alid Lands. House bill 4474, for the relief of Maj. M. R. William Grebe of Also, resolution of Carpenters and Joiners' Union of Telluride, Kansas City, Mo.-to the Committee on Invalid Pensions. ' Colo., favoring the repeal of the desert-land act-to the Commit­ By Mr. CUMMINGS: Resolution of the New York Chamber tee on the Publie Lands. of Commerce, in favor of the proposed reduction of the present Also, resolution of the Trades and Labor Assembly of Pueblo, tariff rates on Cuban products-to the Committee on Ways and Colo., against Chinese labor-to the Committee on Foreign Affairs. Means. By Mr. BELMONT: Resolution of the lllinois Manufacturers' By :Mr. DRAPER: Petition of the Central Federation of Labor Association, for extension of trade between United States and of Troy, N. Y., for the reenactment of the Chinese-exclusion Cuba-to the Committee on Ways and Means. law-to the Committee on Foreign Affairs. Also, resolution of the National Live Stock Exchange, protest­ By Mr. GRAHAM: Protest of the Eighth Street Reformed ing against enactment of legislation directed against butterine­ Presbyterian Congregation, of Pittsburg, Pa., against the reenact­ to the Committee on Agriculture. ment of the Chineee-exclusion law-to the Committee on Foreign Also, resolution of New York Odontological Society, favoring Affairs. a dental corps for the United States Navy-to the Committee on Also, petition of Ale Brewers' Association of New York and Naval Affairs. New Jersey, asking for therepeal of thewar taxonmalt liquors­ Also, resolutions of the Central Federated Union of New York, to the Committee on Ways and Means. favoring the passage of House bill 6279 ~ to increase the pay of let. Also, lette.rs of Erasmus ~aw?rth, of Lawrence, Kans., depart­ ter carriers-to the Committee on the Post-Office and Post-Roads. ment geological sm·vey, U ruverSity of Kansas, in relation to grants 1902. CONGRESSIONAL _RECORD-HOUSE. 1479 of land in aid, of the education of the youth of the country in sub- Also, letter and account of claim, to accompany House bill for jects relatin.g to mining and metallurgy-to the Committee on the relief of Samuel B. Marts, owner of schooner Nellie W. How- Mines and 1\fining. lett-to the Committee on War Claims. Also, resolution of the National Live Stock Association, at Chi- By Mr. WADSWORTH: Resolution of Plasterers' Union No. cago, ill., protesting -against class legislation directed against 173, of Niagara Falls, N.Y., favoring an educational test in the coloring, manufacture, or sale of oleomargarine-to the Commit- restriction of immigration-to the Committee on Immigration tee on Agriculture. and Naturalization. Also, resolution of the United Labor League of Pennsylvania, By Mr. WANGER: Resolution of Cigar Makers' Union No. Pittsburg, Pa., in favor of the reenactni'ent of Chinese-exclusion . 446, of Norristown, Pa., for the passage of laws which will pre­ act--to the Committee on Foreign Affairs. vent the immigration of persons who can not read-to the Com­ Also, resolutions of the New Orleans (La.) Progressive Union, ' mittee on Immigration and Naturalization. protesting against reduction in sugar tariff-to the Committee on By :Mr. WILLIAMS of illinois: Papers to accompany House Ways and Means. bill for the relief of Alfred Griffith-to the Committee on War Also, petition of Union No.14, Brotherhood of Electrical Work- Claims. ers, Pittsburg, Pa., in opposition to the passage of Senate bills By Mr. WOODS: Resolution of the Trans-Mississippi Comm.er- 1466 and 2054; also asking for the repeal of the desert-land act cial Congress, for the establishment of a national department of and the commutation clause of the homestead act, etc.-to the mining, etc.-to the Committee on Mines and Mining. Committee on the Public Lands. By Mr. YOUNG: Petition of the Reliable Flour Company, of By Mr. GRIFFITH: Resolution of the Democxatic Editorial Boston, Mass., relating to the taxation of mixed flour-to the Association of Indiana, in opposition to proposition to require Committee on Ways and .Means. weekly publications to pay postage when delivered by carriers- Also~ paper to accompany House bill 11047, for the relief of to the Committee on the Post-Office and Post-Roads. Phoebe Buch-to the Committee on Invali-d Pensions. By Mr. GOLDFOGLE: Petition of the New York Boa;rd of Trade and Transportation, asking that the Indian warehouse be retained in New York City-to the Committee on Interstate and HOUSE OF REPRESENTATIVES. Foreign Commerce. Also, petitions Df the Andujar Company and E. Ra.ffi.oor~ of SATURDAY, February 8, 1902. New York, urging reciprocal relations with Cuba-to the Com­ The House met at 12 o'clock m. Prayer by the Chapla~ Rev. mittee on Ways and Means. Hru-."RY N. COUDEN, D. D. By Mr. HALL: Paper in support of House bill 9992, granting The J ou.rnal of yesterday's proceedings was read and approved. an increase of pensiDn to Dr. W. S. Glenn-to the Committee on Invalid Pensions. BRIDGE ACROSS THE MONONGAHELA RIVER. Also, papers to accompany House bill 11020, for the relief of Mr. DALZELL. I ask unanimom consent for the present con­ Oliver P. Alsbach, Luthersburg, Pa.-to the Committee on In­ sideration of the bill which I send to the desk. valid Pensions. The bill (H. R. 5801) to authorize the St. Clair Terminal Railroad By Mr. JONES of Washington: Petition of H. W. Confield and Company to construct and maintain a bridge across the Monon­ others, of Colfax, Wash., concerning schools of mining and gahela River, was read, with the amendments of the Committee mines-to the Committee on Mines and Mining. on Interstate and Foreign Commerce. By Mr. KNAPP~ Resolution of D. F. Schenck PDst, No. 271, There being no objection, the House proceeded to the consider­ Grand Army of the Republic, Department of New York, favoring ation of the bill. the construction of war ships at the navy-yards-to the Committee The amendments were agreed to, and the bill as amended was on Naval Affairs. ordered to be engrossed :and read a third time; and it was accord- By .Mr. LACEY: Resolution of Friends' Church of Oskaloosa, ingly read the third time, ana passed. . Iowa, against the sale of alcoholic liquors to Filipinos-to the On motion of Mr. DALZELL, a motion to reconsider the last Committee on Alcoholic Liquor Traffic. vote was laid on the table. By Mr. LITTLE: Papers of Pleasant Hixon toaeoompany House UNITED STATES COURT AT CATLETTSBURG, KY. bill 10804, for the relief of James M. Wright--to the Committee on Invalid Pensions. Yr. KEHOE. Mr. .Speaker, I ask unanimous consent fOl' the By Mr. MOODY of Massachusetts: Petition of 0. W. Wallace present consideration of the bill H. R. 10070, as amended by the Post, Grand Army of the Republic, of Rockport, Mass., favoring committee. construction of war vessels in United States navy-yards-to the The SPEAKER. The gentleman from Kentucky asks unani­ Committee on Naval Affairs. mous consent fOl' the present consideratiorr of a bill which the Also, resolutions of Quarry Workers' Union No. 8233, of Lanes­ Clerk will report to the Honse. ville, Mass., advocating the reenactment of the Chinese-exclusion The bill (H. R. 10070) establishing a United States court at act-to the Committee on Foreign Affairs. Catlettsburg, in the eastern district of Kentucky, was read, as Also, resolutions of the Massachusetts State board of agriculture, follows: · favoring the amended Grout bill-tothe Committee onAgricnlture. Be t"'t enacted, etc., That section 9 of "An aet to divide Kentucky into two judici&l districts," approved February 12,1901, be and the same is hereby, By Mr. RAY of New York: Petition of Cigar Makers' Union amended as follows: Insert immediately after the word " year," in next to last No. 125, of Norwich, N.Y., praying for the further restriction of line of a&id section, the words" at Catlettsburg, beginning on the fourth immigration-to the Committee on Immigration and N aturaliza­ Monday in May and the second Monday in December in each year." tion~ Mr. KEHSantiago de Cuba, Unit-ed States for the western district of Kentucky shall be held at the fol­ for extension of tra-de between United States and Cuba-to the lowing times and pla~ , namely: At Louisville, beginning on the second Committee on Ways and Means. Monday in March and the second Monday in October in each year; at Owens­ boro, beginning on the fourth Monday in November and the first Monday in By Mr. SIBLEY: Petition of James Miller and other citizens May in each year; at Paducah, beginning on the third Monday in April and . of Franklin, Pa., for an amendment to the National Constitution the third Monday in November in each year ; at Bowling Green, befPnning defining legal man-iage to be monogamic-to the Committee on on the third Monday in May and the second Monday in necember m each the Judiciary. - Y~~ha.t the regular terms of the circuit and district courts of the United Also, petition of Central Labor Union of Warren. Pa., favoring States for the eastern district of Kentucky shall be h eld at the following times the passage of the Chinese-exclusion law-to the Committee on and places, namely: At Frankfort, beginning on the second Monday in M&rch a.nd the fourth Monday in September in each year; at Covington, beginning Foreign Affairs. on the first Monday in April and the third Mo. nday in October in each. year;. By Mr. STARK: Petition of John Brown Post, No. 76, Grand at Richmond, beginning on the fourth Monday in April and the second Mon­ Army of the Republic, Department of Nebraska, for investigation day in November in each year; at London, beginning on the second Monday in May and the fomth 11fonday in November in each year; at Catlettsburg, of the administration of the Bureau of Pensions-to the Commit­ beginning on the fourth Monilil.y in 1\1ay and the second Monday in December tee on Ru1es. in each year, and at such other times and places as may hereafter be pro­ By Mr. STEWART of New Jersey: Petition of citizens of the vided by law." Fifth Congressional district of New Jersey, for an amendment to The SPEAKER. Is there objection to the present considera­ the National Constitution defining legal marriage to be mono­ tion of the bill? gamic-to the Committee on the Judiciary. Mr. PAYNE. I should like to ask the gentleman how many .By Mr. WACHTER: Petition and affidavit of Henrietta C. additional places this makes for the holding of court? Can·oll, to accompany House biD for the removal of the charge Mr. KEHOE. One, sir. of desertion from the military record of her hllSband, John R. Mr. PAYNE. Only one? Carroll-to the Committee on Military Affairs. Mr. KEHOE. Only one-at Catlettsburg.