4402 CONGRESSIONAL RECORD-SENATE. APRIL 19,

N. Y., in favor of Honse bill No. 7094, to establish a Branch Sol­ charge of desertion from the record of Orange A. Avery-to the diers' Home at Johnson City, Tenn.-to the Committee on Mili­ Committee on Military Affairs. tary Affairs. Also, petition of employees of Armour Station post-office, Chi­ By Mr. ESCH: Petitions of Grand Army of the Republic posts cago, Ill., favoring the passage of Hous~ bill No. 9565, for the of Hixton, Eleva, Arcadia, and Galesville, Wis., in favor of House retirement of civil employees after long service-to the Commit­ bill No. '7094, to establish a Branch Soldiers' Home at Johnson tee on Reform in the Civil Service. City, Tenn.-to the Committee on Military Affairs. Also, petition of the National Pa;per Hangers' Protective Asso­ Also, resolution of the Chamber of Commerce of Milwaukee, ciation, Chicago, Ill., against the passage of the Grout bill to Wis., asking for reduction of internal-revenue tax-to the Com­ increase the tax on oleomargarine, etc.-to the Committee on mittee on Ways and Means. Agriculture. Also, petitions of the Methodist Episcopal, Baptist, and Chris­ By Mr. MORRIS: Petitions of Grand Army of the Republic tian churches of Sparta, Wis., and citizens of Lafayette, Wis., to posts of Duluth, Hewitt, Park Rapids, Gray Eagle, an~Paynesville: prohibit the selling of liquors in any post exchange, transport, or Department of Minnesota, in favor of House bill No. 7094, to es­ premises used for military purposes-to the Committee on Military tablish a Branch Soldiers' Home at Johnson City, Tenn.-to the Affairs. Committee on Military Affairs. Also, resolutions of a pro-Boer public meeting in Eau Claire, By Mr. NAPHEN: Resolutions of the Central Labor Council of Wis., &xpressing sympathy with the republics of South Africa­ Cincinnati, Ohio, opposing the passage of the Grout oleomargarine to the Committee on Insular Affairs. bill-to the Committee on Agriculture. By l\Ir. GARDNER of Michigan (by request): Petition of drug­ By Mr. NEVILLE: Resolution of North Platte Commerdal gists of Charlotte, Mich., for the repeal of the tax on medicines, Club, urging adequate appropriation for hydrograpic survey in perfumery, and cosmetics-to the Committee on Ways and Means. arid regions-to the Committee on Appropriations. By Mr. GLYNN: Papers to accompany House bill No. 6794, By Mr. O'GRADY: Petition of Chili Grange, No. 3~3, Patrons granting a pension to the widow of Capt. James McFarland-to of Husbandry, of New York, to amend the present lawm relation the Committee on Invalid Pensions. to the sale of oleomargarine-to the Committee on Agriculture. Also, papers to accompany House bill No. 7538, for the relief of By Mr. PEARRE: Petition of the estate of John Peacher, de­ Edward P. Quinn-to the Committee on Invalid Pensions. ceased, late of Washington County, Md., praying reference of war Also, papers to accompany Honse bill No. 7536, for the relief of claim to the Court of Claims-to the Committee on War Claims. Ellen Casey-to the Committee on Invalid Pensions. By Mr. RAY of New York: Petition of Ben Marion Post, of Also~ paper to accompany House bill No. 7537, to correct the Walton, N. Y., Grand Army of the Republic, in favor of a bill military record of John Green-to the Committee on Military locating a Branch Soldiers' Home near Johnson City, Tenn.-to Affaira. the Committee on Military Affairs. Also, papers to accompany House bill No. 5654-to the Commit­ By Mr. SHAFROTH: Resolutions of the Board of Trade of tee on Claims. Leadville, Colo., opposing grants of public lands to any parties. Also, papers to accompany House bill No. 6795-to the Commit­ but actual settlers-to the Committee on the Public Lands. tee on War Claims. By Mr. STOKES: Protests of Abraham Lincoln Lodge, No. 445, Also, petitions of N. G. Lyon Post, No. 43, and Eugene Bronk Brotherhood of Locomotive Firemen, of Columbus, Ohio, and of Post, No. 117, Department of New York, Grand Army of the Re­ the Building Trades Council and the Central Labor Council of public, in favor of the establishment of a Branch Soldiers' Home Cincinnati, Ohio, against the passage of the Grout bill to increase near Johnson City, Tenn.-to the Committee on Military Affairs. the tax on oleomargarine, etc.-to the Committee on Agriculture. By Mr. GRAHAM: Resolutions of Omaha (Nebr.) Commercial By Mr. SULZER: Resolutions of the Omaha (Nebr.) Commer­ Club, in relation to the reclamation and settlement of arid lands­ cial Exchange Club, in relation to the reclamation and settlement to the Committee on Appropriations. of arid lands, etc.-to the Committee on the Public Lands. Also, petition of the Drug Exchange of Philadelphia, Pa., urging By Mr. WANGER: Petition of M. Y. Johnson and 32 other the purchase of the Calaveras big trees of California by the Gov­ farmers of Montgomery County, Pa., in favor of the Grout oleo­ ernment and to set aside the grove as.. a national park-to the Com­ margarine bill-to the Committee on Agriculture. mittee on the Public Lands. By Mr. WARNER: Petition of the Christian Endeavor Society By Mr. GREENE of Massachusetts: Petition of vessel owners; of Urbana, 111., for the passage of a bill to forbjd the sale of liquors master mariners, and citizens, relative to improvements in harbor in canteens-to the Committee on Military Affairs. of Fall River, Mass.-to the Committee on Rivers and Harbors. By Mr. WEYMOUTH: Petition of E. S. Clark Post, No. 115, By Mr. HENRY of Connecticut: Petition of Enfield Grange, Grand Army of the Republic, Department of Massachusetts, No. 151, Patrons of Husbandry, of Enfield, Conn., in favor of the favoring the establishment of a Branch Sold~ers' Home a~ John­ passage of House bill No. 3717, amending the oleomargarine law­ son City, Tenn.-to the Committee on Military Affairs. to the Committee on Agriculture. Also, petition of the Union Temperance 1\1eeting and Woman's Also, petition of Enfield Grange, No. 151, Patrons of Hus­ Christian Temperance Union of Bolton, Mat>s., urging the enact­ bandry, of Enfield, Conn., in favor of Senate bill No. 1439, relating ment of the anti-canteen bill-to the Committee on Military to an act to regulate commerce-to the Committee on Interstate Affairs. · and Foreign Commerce. By Mr. J.AMES R. WILLIAMS: Paper to accompany House By M.r. HOPKINS; Petition of Barnes Post, No. 395, of King­ bill for the relief of Faiba Newby--to the Committee on Invalid ston, Ill., Grand Army of the Republic, in favor of a bill locating Pensions . a Branch Soldiers' Home near Johnson City, Tenn.-to the Com­ .Also, paper to accompany House bill for the relief of Andrew mittee on l\iilitary Affairs. J. Miller~to the Committee on Invalid Pensions. By l\1r. JACK: Petition of Mechanicsburg Post, No. 441, of By l\Ir. ZIEGLER: Papers to accompany Honse bill to correct Brush Valley, Pa., Grand Armyof the Republic, in favor of a bill the military record of Abraham Myers-to the Committee on Mili­ locating a Branch Soldiers' Home near Johnson City, Tenn.-to tary Affairs. the Committee on Military Affairs. Also, papers to accompany House bill granting a pension to By Mr. KlTCHIN: Petition of the Representative Meeting of the Albert Wetzel-to the Committee on Invalid Pensions. North Carolina Yearly Meeting of Friends, favoring the enactment Also, papers to a~company House bill increasing tbe pension of of a clause in the Hawaiian constitution forbidding the manufac­ Sarah J. Warren-to the Committee on Invalid Pensions. ture and sale of intoxicating liquors and a prohibition of gambling and the opium trade-to the Committee on the Territories. Also, affidavit to accompany House bill No. 462, gi-anting a pen- SENATE. 2ion to Edward Henry-to the Committee on Invalid Pensions. By Mr. LONG: Resolutions of Haven Post, No. 435, Depart- THURSDA¥, April 19, 1900. ment of Kansas, Grand Army of the Republic, in favor of a bill Prayer by the Chaplain. Rev. w. H. MILBURN, D. D. locating a Branch Soldiers' Home near Johnson City, Tenn.-to The Secret~ryproceeded to read the Journal of yesterday's pro- tbe Committee on Militarv Affairs. h f l\f R db · By Mr. LYBRAND: Petitions of Torrence Post, No. 60, of Del- cee a·mgs, w en,onmotiono r. AWLINS,an yunammouscon- aware, and James Sailor Post, No. 440, of Degraff. Ohio, Grand sent, the further reading was dispensed with. Army of the Republic, in favor of House bill No. 7094, to estab- ThePRESIDENTprotempore. Without objection, the Journal lish a Branch Soldiers' Home at Johnson ()ity, Tenn.-to the Com- will stand approved. mittee on Military Affairs. REPORT ON EDUCATION IN PORTO RICO. Also, petitions of the St. Paul's Methodist Episcopal Church. of The PRESIDENT pro tempore laid before the Senate a com- Delaware, Ohio, and Christian Endeavor Society of Marysviile, munication from the Secretary of War, transmitting, in response Ohio, for the passage of a bill to fo.rbid liquor selling in canteens to a resolution of the 12th instant, a letter from Brig. Gen. George and in the Army, Navy, and Soldiers' Homes-to the Committee W. Davis, together with the report of Dr. Victor S. Clark on edu­ on Military Affairs. cation in the island of Porto Rico; which, with the accompany- By Mr. MANN: Papers to accompany House bill to remove the . ~ng papers, was referred to the Committee on Printing. •

1900. CONGRESSIONAL RECORD-SENATE. 4403

, SCHOONER ORANGE. N. Y., praying for the enactment of legislation to prohibit the The PRESIDENT pro tempore laid before the Senate a com- sale of intoxicating liquors in Army canteens and in any of the munkation from the assistant clerk of the Com·t of Claims, trans- newly acquired possessions of the United States; which were re­ mitting the conclusions of fact and of law filed under the act of ferred to the Committee on Military Affairs. January 20, 1885, in the French spoliation claimssetoutin the an- He also presented petitions of Local Union No. 78, of Syracuse; nexed findings by the court relating to the vessel schooner Orange, of Local Union No. 51, of Utica, and of Local Union No. 97, of John Holman, master: which, with the accompanying paper, was Lockport, all American Federation of Musicians, in the State of referred to the Committee on Claims and ordered to be printed. New York, praying that the United States Marine Band be not SCHOO~ER LITTL~ WILL allo~ed to take away the means of livelihood of civili~~ ba~ds °l?Y . · refusmg leaves of absence for the purpose of participation m The PRESIDENT pro tempore laid before the Senate a com- public events. expositions etc.· which were referred to the Com- m~m~cation from th~ assi_stant clerk of the Court of Claims, trans- , mittee on Military Affairs'. ' mittmg the co~:l~sion of fact and of. la:w filed. under the ~ct of He also presented a petition of Troop C, National State Guard January 20, 1~8<>. m the French spoh_ation claims set out m the of New York, praying for the establishment of an Army veteri, annexed findrngs by the court relatmg to the vessel schooner nary corps· which was referred to the Committee on Military Little Will, William Tallman, master; which, with the accom- Affairs. ' panying paper, .was referred to the Committee on Claims, and He also presented a petition of J.B. Butler Post, No.111, Grand ordered to be prmted. Army of the Republic, Department of New York, of Pulaski, MESSAGE FROM THE HOUSE. N. Y., praying for the enactment of legislation relative to the pen- A message from the House of Representatives, by Mr. H. L. sioning of soldiers and sailors who are incapacitated for the per­ OvERSTREET, oneofitsclerks,announced thattheHousehadpassed formance of manual labor, etc.; which was referred to the Com- the joint resolution (S. R. 114) for relief of Garfield Hospital. mittee on Pensions. The message also announced that the House had agreed to the He also presented a petition of the Civil War Veterans' Associa- report of the committee of conference on the disagreeing votes of tion, Customs Service, Port of New York, praying for the enact­ the two Houses on the amendments of the Senate to the bill (H. ment of legislation relative to civil service and appointments there­ R. 4001) authorizing the adjustment of rights of settlers on tbe under; which was referred to the Committee on Civil Service and Navajo Indian Reservation, Territory of Arizona. Retrenchment. E~ROLLED BILLS SIGNED. Mr. WELLINGTON presented a memorial of the publisher of the Banner of Liberty, of Libertytown, Md., and a memorial of Tbe message further announced that the Speaker of the House the editor of the Temperance Sentiment, of Gaithersburg, Md., re­ had signed the following enrolled bills; and they were thereupon monstrating against the p~sage of the so-called Loud bill, relat­ signed by the President pro tempore: ing to second-class mail matter; which were referred to the Com- A bill (H. R. 5485) providing that the State of Wyoming be mittee on Post-Offices and Post-Roads. permitted to relinquish to the United States certain lands hereto- He also presented petitions of 58 citizens of Maryland, 22 citi­ fore selected and to select other lands from the public domain in zens of Maryland, Virginia. Illinois. and the District of Columbia, lien thereof; and and of sundry citizens of the District of Columbia, praying that A bill (H. R. 8466) to amend an act entitled "An act in relation an appropriation be made to pay the depositors of the failedFreed- to taxes and tax sales in the District of Columbia." man's Saving Bank and Trust Company; which were referred to PETITIONS AND MEMORIALS. the Committee on Finance. Mr. PLATT of New York presented a petition of the National Mr. GALLINGER presented a petition of the Woman's Chris- Confectioners' Association of New York City, praying for the tian Temperance Union of Manchester, N. H., praying for the passage of the so-called pure-food bill; which was referred to the enactment of legislation to prevent the selling of or dealing in Committee on Agriculture and Forestry. beer, wine, or any intoxicating drinks in any post exchange. or He also presented petitic.ns of Jewett Grange, No. 826, Patrons canteen, or transport. or upon any premises used for military pur­ of Husbandry, of Jewett; of Searsburg Grange, No. 494, Patrons poses by the United States; which was referred to the Committee of Husbandry. of Searsburg; of Oak Grange, No. 873, Patrons of on Military Affairs. Husbandry, of Poughkeepsie; of Wright Settlement Grange, No. Mr. TELLER presented a petition of the Trades and Labor As- 706. Patrons of Husbandry, and of Fredonia Grange, No. 1, Pa- sembly of Denver, Colo., praying that all the remaining public trons of Husbandry, of Fredonia, all in the State of New York, lands be held for the benefit of the whole people and that no grants prayin~ for the enactment of legislation to secure to the people of of the title to the same shall be given to any but actual settlers the country the advantages of State control of imitation dairy and home builders thereon; which was referred to the Committee products; which were referred to the Committee on Agriculture on Public Lands. and Forestry. · He also presented a petition of Typographical Union No. 49, of He also presented petitions of Clyde Grange, No. 33, of Clyde; Denver, Colo., praying for the enactment of legislation to limit of t:earsburg Grange, No. 494, of Searsburg; of Jewett Grange, the hours of daily service of laborers and mechanics employed No. 826, of Jewett; of Ripley Grange, No. 65, of Ripley; of Oak upon the public works of the United States, and also to protect Grove Grange, No. 873, of Poughkeepsie; of Wright Settlement free labor from prison competition; which was referred to the Grange, No. 706, and of Fredonia Grange, No. 1, of Fredonia, all Committee on Education and Labor. Patrons of Husbandry, and of the Board of Trade of North Tona- He also presented a petition of the Sheep Breeders' Association wm1da, all in tbe State of New York, praying for the adoption of of Fort Collins, Colo., praying for the adoption of certain amend­ certain amendments to the interstate-commerce law; which were ments to the interstate-commerce law; which was referred to the referred to the Committee on Interstate Commerce. Committee on Interstate Commerce. Be also presented a petition of Coventry Grange, No. 484, Pa- He also presented a petition of the Woman's Club of Grand Junc- tro11s of Hnsbandry,of Coventry, N. Y., praying for the extension tion, Colo., and a petition of the Woman's Christian Temperance of rural free mail delivery, for the adoption of certain amend- Union of Lupton, Colo., praying for the enactment of legislation men ts to the interstate-commerce law, and also for the enactment to prohibit the sale of intoxicating liquors in Army canteens, etc.; of legislation giving States authority to control the sale of imita- which were referred to the Committee on .Military Affairs. tion dairy products; which was referred to the Committee on I He also presented petitions of the congregation of the Methodist Post-Offices and Post-Roads. Episcopal Church of Colorado City; the Woman's Christian Tem- He also presented a petition of the United States Brewers' As- perance Union of ColoradoSprings,andor theNorthEnd \Voman'::i sociation of New York, and a petition of the Onondaga Brewers' Christian Temperance Union, of Co!orado City, all in the State of Cl uh, of Onondaga, N. Y., praying for the repeal of the war- Colorado, praying for the enactment of legislation to prohibit the re>enue tax on bee!' and malt liquors; which were referred to the importation, manufacture, and sale of intoxicating liquors and Committee on Finance. opium in Hawaii; which were ordered to lie on the table. He also presented a petition of the Substitute Letter Carriers' As- He also presented a petition of George G. Meade Post, No. 47, sociation of Detroit, Mich., and a petition of the Substitute Let- I Grand Army of the Republic, Department of Colorado, of Denver, t. er Carriers' Association of Newburgh, N. Y., praying for the en- Colo., praying for the enactment of legislation relative to the pen­ actment of legislation regulating the salaries of substitute letter sioning of soldiers and sailors who are incapacitated for the per­ carriers; which were referred to the Committee on Post-Offices formance of manual labor, etc.; which was refen·ed to the Com- and Post-Roads. mittee on Pensions. He also presented a petition of Fiber Workers' Union No. 7185, Mr. BERRY presented a memorial of sundry citizens of Arkan- American Federation of Labor, of Lockport, N. Y., praying for sas, remonstrating against an appropriation being made for the the enactment of legislation to increase the salaries of machinists continuance of the work of the Philadelphia. Commercial Museum; employed in the Government Printing Office; which was referred which was referred to the Committee on Commerce. to the Committee on Printing. Mr. KENNEY presented a petition of sundry citizens of Dela- He also presented a petition of the congregation of St. Luke's ware, praying for the enactment of legislation granting to the :Methodist Episcopal Church, of Albany, N. Y., and a petition of people of the Philippines the unobstructed right to govern them­ Sheridan Grange, No. 235, Patroo.s of Husbandry, of Sheridan, selves, etc.; which was ordered to lie on the table. •

4404 CONGRESSIONAL RECORD-SENATE. APRIL 19,

Mr. PENROSE presented a memorial of sundry citizens of Pitts­ Porto Rico pending the appointment and qualification of the civil burg and Allegheny, in the State of Pennsylvania, remonstrating officers p1·ovided for in the act approved April 12, 1900y entitled againsttheenactmentoflegislationrelativetotheinternal-revenue "An act temporarily to provide revenues and a civil government tax on fermented liquors; which was referred to the Committee for Porto Rico, and for other purposes," to report it favorably on Finance. without amendment, and to ask for its present consideration. He also presented a petition of the Trades League of Phila­ The PRESIDENT pro tempore. The joint resolution will be delphia, Pa., praying for the enactment of legislation to authorize read for information. the President of the United States to appoint a commissioner from The Secretary read the joint resolution. the retfred officers of the Corps of Engineers, or from civil life, to The PRESIDENT pro tempore. Is there objection to the pres­ appraise the value of the works and franchises of the Chesapeake ent consideration of the joint resolution? and Delaware Canal, with a view to jts purchase by the United Mr. TELLER. I wish to have the joint resolution printed so States for the purpose of making it a free and open waterway and that we may have a chance to see it. for military and strategic purposes; whi.ch was referred to the Mr. FORAKER. It has been printed, but the Senator perhaps Committee on Commerce. has not had a chance to see it. I think if he will look at it in a He also presented a petition of the Woman's Christian Temper­ moment-- ance Union of Warrington, Pa., praying that all the acts of Con­ Mr. TELLER. I have not had any opportunity to look at it; gress now in force relating to bigamy, divorce, etc., be extended to that is certain. the new island possessions of the United States until such time as Mr. FORAKER. That is true, probably. laws can be enacted for their government, and also that the manu­ Mr. TELLER. I hope the Senator will withhold it untH after facture and sale of all intoxicating liquors be prohibited in .those the routine morning business, at least. possessions; which was referred to the Committee on the Judi­ Mr. FORAKER. Very well; I will delay it until that time. ciary. Mr. TELLER. I sha.11 not object to its consideration then. He also presented petitions of the Preachers' Alliance of Carbon­ The PRESIDENT pro tempore. The request is withdrawn for dale; of the Men's Alliance of Wilkesbarre; of the Woman's Chris­ the present. tian Temperance Union of Landisville; of Washington Camp, No. Mr. FORAKER. I will be glad if the Senator will look at it, 203, of New Albany; of the Woman's Christian Temperance Union so that it can be acted on at the session to-da.y. of New Albany; of the Quarterly Conference of the Madison Street Mr. TELLER. I do not desire to object to taking it up after I Methodist Episcopal Church, of Chester, and of the oongregation read it, but I desire to have it laid aside for the present. of the Methodist Episcopal Church of Mount Carmel, all in the State REVENUE CUTTER FOR USE AT PIULADELPIDA. of Pennsylvania, praying for the enactment of legislation to pro­ hibit the sale of intoxicating liquors in the island possessions of the Mr. PENROSE. I am directed by the Committee on Commerce, United States, and in any post exchange, canteen, or transport, or to whom was referred the bill (S. 4197) to provide for the con­ upon any premises used for military purposes by the United States; struction of a. revenue cutter for use at Philadelphia, Pa., to re­ which were referred to the Committee on Military Affairs. port it favorably without amendment, and I ask for its present He also presented petitions of the congregatiops of the Hebron consideration. Lutheran Church, of Leechburg; the Presbyterian Church of The bill was read; and, by unanimous consent, the Senate, as in Leechburg; the Methodist Episcopal Church of Leechburg; the Committee of the Whole, proceeded to its consideration. It First Lutheran Church of Leechburg; the United Presbyterian directs the Secretary of the Treasury to have constructed, or pur­ Congregation of Leechburg-; the Epworth League of Williams­ chase, at a cost not to exceed $50,000, a vessel to be used and port; the congregation of the Lutheran Church of Blairsville; of equipped as a revenue cutter of the third class for harbor service sundry citizens of Blairsville; of sundry organizations of New at Philadelphia, Pa. Holland; of the Sunday school of Elderton; of the United Presby­ The bill was reported to the Senate without amendment, ordered terian Congregation of Elderton; of the congregation of the Bap­ to be engrossed for a third reading, read the third time, and passed. tist Church of Union City; of the Woman's Christian Temper­ ALLOWANCE OF EXCEPTIONS. ance Union of Elderton; of the congregation of the Methodist Mr. HOAR. I am directed by the Committee on the Judiciary Episcopal Church of Elderton; of the Woman's Christian Tem­ to report back favorably with an amendment the bill (H. R. 8366) perance Union of Millc1·eek; of the congregation of the First ·to amend section 953 of the Revised Statutes, and to ask for its Presbyterian Church of Rochester; of the congregation of the immediate consideration. Methodist Episcopal Church of Rochester; of the Young Men's Mr. President, before the bill is read, I desire to say to the Sen­ Christian Association of the Susquehanna University of Selins­ ate that a similar bill passed the Senate the other day without any grove; of the congregation of the Center Cumberland Presbyte­ question. It is a bill which provides that when a judge dies who rian Church, of Slate Lick; of the Christian Endea"°r Society of has sat in a trial before the exceptions are signed, the successor Duncannon; of the congregation of the Episcopal Church of Dun­ of the judge shall pass upon the exceptions. cannon; of the congregation of the Methodist Episcopal Church The House have sent up a bill similar to the one passed by the of Thompson; of sundryorganizations of Corry; of the congrega­ Senate except that they have added a clause that if the judge is tion of the Methodist Episcopal Church of Corry; of the Woman's unable to pass intelligently on the exceptions there shall be in all Christian Temperance Union of Lititz; of sundry organizations cases a. new trial. Our committee thought it was going too far, of Altoona; of the Woman·s Christian Temperance Union of Put­ and therefore l desire the Senate to pass the bill with an amend­ neyville, and of the Loyal Legion Temperance Union, of Putney­ ment str:ik"'ing out the Honse addition, and if the House insists on ville, all in the State of Pennsylvania, praying for the enactment a disagreement to the Senate amendment there will be a conference. of legislation to prohibit the sale of intoxicating liquors in Army That is the whole bill. Let the Secretary read it. canteens, etc.; which were referred to the Committee on Military The Secretary read the bill; and by unanimous consent, the Sen­ Affairs. ate, as in Committee of the Whole, proceeded to its consideration. Mr. HOAR presented the petition of Edwin G. Garwood and 32 The amendment of the Committee on the J udicfary was, on page other citizens of Moorestown, N. J., praying for the enactment 2, to strike out lines 11to15, inclusive, in the following words: of legislation which shall assure to the people of the Philippine But in case said judge is satisfied that owing to the fact that he did not Islands that it is not the purpose of the United States to force preside at the trial, or from any other ca.use, that he can not fairly pass upon them to become subjects or citizens of the United States, but to said motion, and allow and sign said bill of exceptions, then he shall grant a assistthemtoestablishandma1ntainanindependentconstitutional new trial as a matter of conrse to the party movmg therefor. government, pending the establishment of which the United States The amendment was agreed to. will perform the international duties assumed by this Government, Mr. CHANDLER. I desire to say a word about the bill. Is it under the late treaty with Spain, in protecting the rights and se­ a Senate bill? curing the safety of the citizens and subjects of other countries in Mr. HOAR. It is a House bill, as I explai~d before. The bill the Philippine Islands, as well as of those of the United States; was introduced in the same language precisely as the Senate bill, which was 1·eferred to the Committee on the Philippines. with the exception of an addition which has been stricken out. TAX REGULATIONS IN PORTO RICO. l\Ir. CHANDLER. Do I understand the Senator that he pro­ Mr. FORAKER. I presenta paper, beingatranslationmadein poses to ask to have the bill go into conference? the division of customs and insular affairs, War Department, Mr. HOAR. Yes. April, 1900, on the regulations for the levying, administration, Mr. CHANDLER. I only wish to suggest that while the pro­ and collection of the industrial and commercial taxes in Porto visions of the bill seem to be unobjectionable i:;o far as I can see, Rico, promulgated by royal decree of June 9, 1893. I move that the title needs amending so as to describe what the effect of the the paper be printed as a document. law is. The motion was agreed to. Mr. HOAR. I shall move an amendment to the title. The bill was reported to the Senate as amended, and the amend.. GOVERNMENT OF PORTO RICO. ment was concurred in. Mr. FORAKER. I am instructed by the Committee on Pacific The amendment was ordered to be engrossed and the bill to be Islands and Porto Rico, to whom was referred the joint resolution read a thlrd time. (S. R. 116) to provide for the administration of civil affairs in The bill was read the third time, and passed. 1900. CONGRESSIONAL RECORD-SENA.TE. 4405

On motion of Mr. HOAR. the title was amended so as to read: its title, and referred to the Committee on Public- Buildings and "A bill to amend section 953 of the Revised Statutes. relating to Grounds. the allowance of exceptions." Mr. SIMON introduced a bill (S. 4271) granting an increase of REPORTS OF COID!ITTEES. pension to JameS' G. Corben; which was read twice by its title, Mr. WARREN, from the Committee on Claims, to whom was and, with the accompanying papers, referred to the Committee i·eferred the bill (S. 4066) for the relief of Thomas Stack, reported on Pensions. it without amendment, and submitted a report thereon. Mr. SPOONER introduced a bill (S. 4272) granting an increase Mr. GALLINGER, from the Committee on Pensions, to whom of pension to Norman S. Bull; which was read twice by its t~tle, were referred the following bills, reported them each with an and, with the accompanying papers, referred to the Committee on amendment, and submitted reports thereon: Pensions. A bill (S. 4087) granting an increase of pension to Ellen M. Mr. KENNEY introduced a bill (S. 4273) gi·anting certain priv­ Mansur; ileges to the special policemen stationed at street crossings and A bill (S. 1348) granting an increase of pension to Eliza M. intersections in the city of Washington,. D. C.; which was read Stillman; and twice by its title, and referred to the Committee on the District A bill (S. 2190) granting a pension to Emma J. Bidwell. of Columbia. lfr. GALLINGER, from the Committee on Pensions, to whom Mr. HAWLEY introduced a bill (S. 4274) providing for the ap­ were referred the following bills, reported them severally without pointment of assistant surgeons of volunteers; which was read amendment, and submitted reports thereon: twice by its title, and, with the accompanying papers, referred to A bill (S. 4256) granting a pension to James H. Thomas; the Committee on Military Affairs. A bill (H. R. 2728) granting a pension t-0 Thomas T. Garrison; Mr. M.A.. RTIN introduced a bill (S. 4275) for the relief of the A bill (H. R. 4520) granting an increase of pension to George trustees of the Episcopal Chmch at Dinwiddie Court--House, Din­ H. French: widdje County, Va.; which was read twice by its title, and re­ A bill (H. R. 7624) granting an increase of pension to Ple..:i.sant f erred to the Committee on Claims. H. McBride; and Mr. BATE introduced a bill (S. 4276) granting an increase of A bill ( H. R. 4368) granting a pension to Flora B. Hinds. pension to Joel Bowling; which was read twice by its title, and, Mr. NELSON, from the Committee on Commerce, to whom with the accompanying papers, referred to the Committee on was referred the bill (H. R. 9824) authorizing the Secretary of Pensions. \Var to make regulations governing the running of loose logs, Mr. PENROSE introduced a bill (S. 4277) granting a pension to steamboats. and rafts on certain rivers and streams, reported it Albert Wetzel; which was read twice by its title, and, with the with amendments, and submitted a report thereon. accompanying papers, referred to the Committee on Pensions. Mr. MONEY introduced a bill (8.4278) for the relief of Antonia REPORT ON COPPER RIVER. EXPEDITION TO .ALASKA. Q. Lovell and others; which was read twice by its title. and, with Mr. PLATT of New York. I am directed by the Committee on the accompanying papers, referred to the Committee on Claims. Printing to move concurrence in the amendments of the House of Mr. TELLER introduced a bill (S. 4279) granting a pension to Representatives to two concurrent resolutions which are upon the Samuel E. Browne; which was read twice by its title, and referred table of the President pro tempore. to the Committee on Pensions. The PRESIDENT pro tempore. The Chair lays before the Sen­ Mr. CLARK of Wyomjng intI·oduced a bill (S. 4280) granting a ate the amendment of the House of Representatives to a Senate pension to Amanda B. Tisdel; which was read twice by its title, concurrent resolution. The amendment will be read. and referred to the Committee on Pensions. The SECRETARY. Strike out all after the resolving clause and AMENDMENT TO SUNDRY CIVIL APPROPRIATION BILL. insert: That there be printed 4,000copies of the report of Capt. W.R. Abercrombie Mr. RAWLINS submitted an amendment proposing to appro­ on the Coppe1· River exploration expedition to Alaska, transmitted by the priate $4,000 for expenses and clerk hire in the office of the snr­ Secretary of War, of which l,OOOcopies shall befortheuseof the Senate, 2,0CO \eyor-general in the State of Utah for the current fiscal year in copies for the nse of the House of Representatives, and 1,000 copies for distri­ addition to appropriation previously made, intended to be pro­ bution by the War Department. posed by him to the sundry civil appropriation bill: which was Mr. CARTER. In this connection I desire to make a brief ex­ referred to the Committee on Appropriations, and ordered to be planation, and it will be then for the Senate to determine what to printed. do with the resolution. The report referred to is incorporated in a report made upon MILK AND CREAM IN THE DISTRICT OF COLUMBIA, yesterday and ordered printed-the report which came from the Mr. GALLINGER submitted the following resolution; which Committee on Military Affafrs. It may be desfrable to have this was considered by unanimous consent, and agreed to: report printed separately, but it will be printed, I suggest to the Resolved. That the Commissioners of the District of Colmnhia be directed chairman of the Committee on Printing, in the report of yester­ to furnish the Senate with a report from the inspector of dairy products l'howing the quality and condition of milk and cream sold in the District of day from the Committee on Military Affairs. Columbia, and whether same contain any foreign substances deleterious to '.rhe PRESIDENT pro tempore. The question is on concurring health, and it so, giving description o! such subStances~ and what legislation in the amendment of the House of Representatives. is neces.sary to remedy the eviL The amendment was concurred in. MESSAGES AND PAPERS OF THE PRESIDENTS. TREATY WITH SPA.L."l. Mr. CHANDLER submitted the following resolution; which The PRESIDENT pro tern pore. The Chair lays before the Sen­ was considered by unanimous consent, and agreed to: ate the amenclments of the House of Representatives to a concur­ Resol'Ved, That the Committee on Printing be directed to investigate the rent resolution of the Senate, which will be stated. facts connected with tho compilation and publication of the Messages and Papers of the Presidents; the result of the permi'>Sion given to private persons The SECRETARY. In line 2 strike out "twenty" and insert to use the stereotyped plates; the distribution of copies made, gratuitously "nine;" in line 6 strike out "thirteen" and insert ''six;" in line or otherwise. by the Government; the sales made by private persons and the 7 strike out "seven,. and insert "three;" so as to make the con­ methods adopted in making such sales; the circumstances under which the compilation has been copyrighted, and the other material facts surrounding current resolution read: the compilation and distribution of the volumes; and report to the Senate Resolved by the Senatl' (the House of Representatives concun•ing), That there the result of the inquiry and any legislation which may be deemed desirable be printed and bound 9,000 copies of thfi' message of the President transmit· by the committee. ting the treaty of peace with 8pain and the accompanying documents, in one volume, of which 6,000 copies shall be for the use of the House of Representa­ W AR-REVE...~UE RECEIPTS. tives and 3,000 copiea for the use of the Senat.e. The PRESIDENT pro tempore. The Chair lays before the Sen­ The PRE3IDENT pro tempore. The Senator from New York, ate a resolution coming over from a prece

A joint resolution (S. R. 108) providing for the printing of the believe, on Saturday next. It is desirable, I think everybody can report of the governor of Arizona for 1899. see and appreciate, that he should have an opportunity to visit the GOVERNMENT OF PORTO RICO. island and personally examine into the situation, and then recom­ mend to the President what he may deem advisable to do with Mr. FORAKER. If now in order, I desire to call up for pres­ respect to the organization of that government and the necessary ent consideration Senate joint resolution 116. appointments there. · The PRESIDENT pro tempore. The Chair will lay before the Mr. DANIEL. Will the Senator permit me to ask him a ques­ Senate the resolution touching the election case in Pennsylvania. tion? It will be read. Mr. FORAKER. Certainly. The Secretary read the Tesolution reported. by Mr. TURLEY from Mr. DANIEL. In the civil government do not these officers the Committee on Privileges and Elections January 3, 1900, as merely keep their military titles and salaries, or do they draw sal­ follows: aries in addition to their military compensation? Resolved, That the Hon. Matthew S. Quay is not entitled to take his seat Mr. FORAKER. They do not draw any additional salaries. in this body as a Senator from the State of Pennsylvania. They simply draw their military salaries, as I understand it. The PRESIDENT pro tempore. The Senator from Ohio asks Mr. CHANDLER. I should like to ask the Senator from Ohio for the consideration of a joint resolution and that the resolution if there is not a very rigid law on the statute book which would just laid before the Senate be temporarily laid aside. The joint endanger the military commissions of those officers if they went resolution wi.11 be again read to the Senate for its information. on for this short period of time and performed their civil func­ The Secretary read the joint resolution (S. R. 116) to provide tions? for the administration of civil affairs in Porto Rico pending the Mr. FORAKER. Yes; there is on the statute book a section appointment and qualification of the civil officers provided for in which is referrred to in the President's message which prohibits the act approved April 12, 1900, entitled ''An act temporarily to any military officer from exercising any duties as a civil officer provide revenues and a civil government for Porto Rico, and for under the penalty of losing his commission and rank in the Army­ other purposes," as follows: if be does so. Resoh:ed, etc.. That until the officer to fill any office provided for by the Mr. CHANDLER. Therefore it is absolutely necessary, in order act of April 12, 1900, entitied •·An act temporarily to provide revenues and a civil government for Porto Rico, and for other purposes," shall have been to prevent a hiatus, that the military officer should be relieved appointed and quplified, the officer or officers now performing the civil duties from that duty. pertaining to such ottiP.e may continue to perform the rnme under the au­ Mr. FORAKER. It is absolutely necessary. thority of said act; and no officer of the Army shall lose hi~ commission by reason thereof: ProvW.ed, That nothing herein contained shall be held to ex­ Mr. TILL~lAN. Bnt the point has not been elucidated by any­ tend the time for the appointment and qualification of any &'llch officers one, either the Senator from Ohio or the Senator from New Hamp­ beyond the 1st day of August, 1900. shire, as to why this loss of office by the Army officers would take The PRESIDENT pro tempore. Is there objection to the pres­ p}ace. The Constitution of the United States is not there, we have ent consideration of the joint resolution? been told, and it has been hammered into us until I suppose some Mr. TILLMAN. I have no objection to the consideration of the of us have got to consent to the fact, whether it is a law or not, joint resolution, but I should like to ask some questions about it. until the Supreme Court has determined the question. I want to The PRESIDENT pro tempore. The Senator is recognized. kr:ow how it is and why it is that these officers would lose their Mr. TILLMAN. I should like to ask the Senator in charge of pos:tions in a territory outside of the United States under a law the joint resolution why this measure is necessary. I understand that does not apply to that territory. that there will be some difficulty in substituting a civil govern­ Mr. FORAKER. Mr. President, it is not a constitutional pro­ ment for a military government, and that the new governor may vision that makes this legislation necessary in that respect, but a not feel disposed to rush in and seek to organize his civil govern­ statute of the United States. The law providing for a civil gov­ ment without a little time to look around and sort of feel easy in ernment expressly extends to Porto Rico all the statutory laws of his seat and get a little acquainted with conditions. But the point the United States not locally inapplicable, and a statute which I have in my mind is this: Porto Rico is not under the Constitu­ prohibits an officer of the United States .Al:my from holding and tion of the United States, we have been told. It therefore is not exercising the duties of a civil office would be locally applicable subject to any laws of the United States except those which we in Porto Rico as prescribed in that statute. enacted in the bill last wrnk for its government. I should like Mr. BACON. Is not that restricted to officers in the United the Senator to tell me whether, under that act for the government States? of Porto Rico, there is any requirement which would prohibit Mr. FORAKER. No, sir. Army officers from continuing to hold these places for the time Mr. BACON. I would be glad to have the Eenator get the law beincr, and read it to us. Will the Senator refer to the statute? 1\1~. FORAKER. All that is explained in the message sent to Mr. FORAKER. The United States Army is very likely to be the Senate by the President yesterday. outside of the United States. Mr. TILLMAN. I am like other Senators; I have not had time J'\Ir. BACON. But the point I am after is the restrictions as to to examine this matter, and I am trying to get light now. officers, if that is not limited to officers while in the United States. Mr. FORAKER. I have no objection whatever to repeating it Mr. FORAKER. I do not so under.stand it. I will get the Re­ to the Senator as well as I can, though if he would read the mes­ vised Statutes. sage he would find it better stated there than I am able to state it. · Mr. BACON. I think it is in the statute, but the Senator does 'Ihe President calls attention to the fact that the civil govern­ not. ment provided for is to go into effect on the 1st day of May. He Mr. CHANDLER. I really hope the Senator from South Caro­ is required to make quite a number of appointments in order to lina and the Senator from Georgia will rediscuss this question on set the machinery of that government into operation. He calls the Philippine bill, after this joint resolution has passed, because our attention to the fact that there is so little time intervening it is very important that the joint resolution should be passed this between now and the 1st day of May that it is impossible for him morning. to make selections that will be entirely satisfactory to him. He ~lr. TILLMAN. Mr. President, the Senator from New Hamp­ wants additional time. and inasmuch as the law goes into effect shire is always endeavoring to rush something here without giv­ the 1st day of l\Iay and the mil}tary government which is now in ing the Senate an opportunity to understand just exactly what it operation there must at that time necessarily cease, there will be is doing. no authority for anybody to exercise official power there after Now. is it the purpose in having this joint resolution passed so May 1 unless Congress takes some such action as is provided for burr:edly to have the military government there continue for the in this joint resolution. grand pageant that is to come off on the 1st of May, when the in­ The joint resolution provides simply that the officials who are aug-urat~on cf our new goYernor down there takes })lace? now there ex:erc~sing the duties of the various offices they are You have all read in the papers that we are going to have the holding shall continue to exercise those duties until the officers grandest ceremonial that has ever been men in any part of the provided for in the civil government can be appo;nted and quali­ United States on that day, for the purporn, I suppose, of impressing fied in accordance with the requirements of the act. the islanders with the grandeur and greatness of our country as well The joint resolution, however, is not indefinite as to the time as impressing the people of the United States with the new policy that shall be taken by the President therefor, for it contains a of imperialism by which this pro-consul or governor is to take proYiso to the effect that no such official shall continue longer rossession of this little territory of 4,000 square miles and a mil­ than until the 1st day of next August. lion or so of colonists or subjects under the new departure in our I will call the Senator's attention to the further fact that accord­ history. ing to the re;iuirement of the act establishing civil government .After a while, of course. we will have another governor sent to quite a number of appointments must be m ade from the native the PbHippines, and be will be of so much greater importance inhabitants of the island of Porto Rico. The President does not than the governor of the little colony of Porto Rico that I sup­ feel suffic:ently advised with respect to the qualiticatiuns of indi­ pose we will have to have the Navy to escort him acro ~ s the Pa­ viduals there to make those selections. He has appointed a gov­ cific, anu he will have umbrellas, such as the Dey of A lg-iers anLl the ernor. The governor is about to sta1·t to Porto Rico. He sails, I Sultan of Morocco use, held ·over him as he marches forth in the

- 1900. CONGRESSIONAL REOORD-SENATE. 1 4407

gaze of his subjects. So we will have our subject and subsidized States Army on duty in Cuba are many of them receiving very princes down in the Sulu Archipelago, the Sultan, with his numer­ large salaries in addition to their pay as officers of the Army. If ous wives, and the Datos commanding his bodyguard of Mo­ I am wrong in that, of comse I desire to be corrected. hammedans, and all that sort of thing. Mr. CHANDLER. I ask the Senator if he has any definite in­ I presume it is necessary to have a whole lot of brass buttons formation as to that fact? and epaulets, with the paraphernalia of a military procession and Mr. BACON. I have distinctly stated in the heating of the the booming of cannon, and it could not be gotten in readiness Senator from New Hampshire that I did not and that I might be by the 1st of May if we bad to tear up by the roots the present in error in the general understanding which I have. military establishment and substitute therefor a civil government. Mr. CHANDLER. Now, I should like to have the Senator-­ If that is the purporn, I yield wHhout a moment's further obstruc­ Mr. BACON. I should like to have the Senator from New tion to the passage of the ;:oint rEsolution. Let om· people read Hampshire give inforwation on that point if he has it. in the papers of the imperfal pomp and circumstance attending Mr. CHANDLER. I have not any. I should like to have the our new policy and be ready for the impending changes in our Senator offer a resolution calling for information on that point, republican simplicity. for I very much doubt whether any Army officer in Cuba has the Mr. CHANDLER. Mr. President- ri~ht to receive one dollar additional-- The PRESIDENT pro tempore. Is there objection to the pre.s­ Mr. BACON. I will accommodate the Senator. I will submit ent consideration of the joint resolution? There is nothing before a resolution of inquiry on the subject. the Senate for debate. Mr. CHANDLER. And I do not believe he has received one Mr. MASON. Mr. President-- dollar additional. The PRESIDENT pro tempore. Is there objection? Mr. BACON. I do not know that it is the case, and I hope that Mr. MASON. I rose to ask simply for the reading of the joint it is not. resolution. I was not able to hear it. Mr. CHANDLER. I am not aware of it if such is the fact. The PRESIDENT pro tempore. It will be re.ported the third Mr. FORAKER. I have no personal knowledge as to what is time. being done in Cuba. If there is anything being done there that Mr. MASON. To save time, I will object to its consideration. the Senator wants to take exception to, I hope it will be found, The PRESIDENT pro tempore. The ~enator from Illinois upon examination, to be all right, valid, and legal. I do not know ob~rnts. what the facts are, and I express no judgment upon that at this Mr. FORAKER. I hope the Senator from Illinois will not ob­ time. But however that may be, I trust that this joint resolu­ ject to the present consideration of the joint resolution. tion may be allowed to pass, for surely it is necessary that there Mr. PLATT of Connecticut. The Senator can move to take should be such a provision as this to enable an Army officer, after it uµ. the 1st day of May, to perform the duties of any one of these Mr. FORAKER. If the Senator was not present in the Cham­ officers, because he will be then exercising the functions of a civil ber when the joint resolution was read, I hope that it may te office. read for his benefit. Mr. MASON. Will the Senator from Ohio yield to me? The PRESIDENT pro tempore. The Secretary will again read Mr. FORAKER. I yield to the Senator from Illinois. the jo~t resolution. Mr. 1\IASO.N". I was going to make a suggestion. It is stated The Secretary again read the joint resolution. and gem· rally believed, and I have never seen it contradicted, that Mr. FORAKER. Now I renew my request. the Army officers in some of our insular possessions are drawing The PRESIDENT pro tempore. Is there objection to the request pay as Army officers and also as civil officers. If that is the case, of the Senator from Ohio for the present consideration of the joint there could be no objection to this amendment, by inserting be­ resolution? The Chair hears none. tween lines 9 and 10: The Senate, as in Committee of the Whole, proceeded to con- And no officer of the Army shall receive any additional pay or emolu­ sider the joint resolution. · ments for such civil service nor lose his commission by reason thereof. The joint resolution was reported to the Senate. Mr. BACON. Before the joint resolution is acted upon, I would Mr. CHANDLER. There is no objection to that. be very glad if the Senator will read the statute which I think he Mr. FORAKER. I have no objection if the Senator thinks it now has. necessary; but the tenure under this enactment will be so short, Mr. FORAKER. Certainly. The statute referred to in the it does seem to me it is not a matter of very much moment. President's messa&_e, and referred to by me in tile remarks made Mr. MASON. I shall not insist on offering the amendment if ~moment ago, is round in section 1222 of the Revised Statutes, the Senator from Ohio does not think it necessary. and reads as follows: Mr. FORAKER. I would rather the Senator would not offer SEC. 1222. No officer of the Army on the active list shall hold any civil it on this measure. office, whether by election or appointment, and every such officer who ac­ Mr. BACON. I will ask the Senator from Ohio a still further cepts or exercises the functions of a. civil office shall thereby cease to be an question. officer of the Army, and his commission shall be thereby vacated. Mr. MASON. I have not offered, and I do not offer, the amend­ Mr. BACON. The question I asked the learned Senator is ment. I should think, however, that it would be a wise provision. whether or not that did not necessarily refer to offices in the Mr. BACON. I understand, according to my recollection of United States, whether that statute contemplated any other offices? the Porto Rican bill, that there are officers to be appointed under Mr. FORAKER. I do not know what may have been in the that bill who have to be confirmed by the Senate. Am I not minds of the legislative body when they framed that section. That correct? is possible, what the Senator says. But certainly it is broad Mr. FORAKER. Yes, sir; many of them have to be confirmed. enough to apply to any civil office created by an act of Congress Mr. BACON. The point I wish to suggest to the Senator is this: the duties of which are to be exercised elsewhere. It has been published in the papers and has not been denied-on Mr. BACON. Then I will ask the Senator the question whether the contrary. I understand it to be generally conceded-that there it is not true that in Cuba at present the officers of the United has been some expressed desire from the executive department States Army are exercising the duties of civil officers and receiv­ that Congress shall adjourn in June-and that, in consequence of ' ing large salaries outside of their salaries as officers of the Army? that communication to the leading members of the two Houses, Mr. FORAKER. I do not understand that any officer of the there is a well-considered acquiescence on the part of those who United States Army in Cuba is exercising the function of a civil are understood to control the question as to the sessions of Congress office. The occupation in Cuba is somewhat peculiar, we must that we shall adjourn some time early jn June in compliance with all admit; but still it is a military occupation, ilS I understand it. the expressed Executive wish that Congress should be then ad­ :Mr. CHANDLER. The Senator does not understand-­ journed. We have heard it stated upon this floor within the past Mr. BACON. Will the Senator allow me? twenty-four hours, I think, that Congress ought to adjourn by the Mr. FORAKER. The occupation in Cuba is based on belliger­ 1st of June and that it is entirelv practicable that it shall do so. ent right, and whatever duty be is there discharging the officer in While I doubt very much whether that can be done, I have no question, if there be any one in question, he is exercising a military doubt whatever, under the statements which have been mad<, and and not a civil duty. the wishes which have been expressed by the Executive, that we Mr. BACON. The pqint I make is this: Of course if an officer shall adjourn during the month of June, and in all probability in Cuba is there exercising only the office of an officer of the United before the middle of June. States Army, he is only authorized to receive the pay of an officer Mr. President: if that be the case, is not the Senator extending - of the Army; and if he is receiving an additional salary, it must be the limit too far when he fixes the date at the 1st of August for in the exercise of some office other than bis military office. the appointment of the Porto Rican civil officers? In other words, :Mr. FORAKER. Mr. President- if we are to adjourn by the middle of June, and if, as the Senator Mr. BACON. Now, if the Senator will pardon me a moment, from Ohio states, almost all of these officers to be appointed to the Senator spoke of my having some particular person in view. positions outside of the United States are still to.be confirmed by I have not, but it is my general information (and it is entirely gen­ the Senate of the United States, should not the limitation be such eral and may be equally erroneous) that the officers of the United that there can be a reasonable probability that the officers who 4408 CONGRESSIONAL RECORD-SENATE.· APRIL 19,

are to be sent to the island of Porto Rico shall be officers con­ wis& and ju~t_joint resolu~on, and I do not think there ought to firmed by the Senate before they enter.upon their duties? Is not be any oppos1t1on at all to 1t. I hope the Senate will vote for it this an invitation that the nomination of officers for these most with this addition. It seems to me evidently jnst, and with that important and novel duties shall be made subsequent to the ad­ addition I think the legislation is unexceptionable. journment of Congress and after the opportunity for confirma­ The PRESIDENT pro tempore. The- amendment as modified tion by the Senate has been lost? While it may be proper-and I will be stated. aru inclined to think it is;, in fact, I will say that it is proper-that '.l'he SECRETARY. It is proposed to insert at the end of line 13 there should be an extension, ought not that extension to be lim­ the following: ited to a time within a reasonable expectation of the adjournment .And it is further provided, That no officer of the Army shall reeeive any pay or emolument for service rendered in any civil capacity in addition to of the present session of Congress? his salary as an officer. ~r. FORAKER. If the Senator will allow me. I am glad to be able to say that I know that the date of the adjournment of Con­ Mr. CHANDLER. I suggest, after the word "Army " to add gress had nothing to do with the fixing of the date in this joint the words "on the active list." ' resolution; that is to say, it was not fixed at August 1 with a view Mr. PLATT of Connecticut. Do the Senator from Virofoia. ~o having the appointments postponed until after Congress ad­ and the Senator from New Hampshire propose to make a iliffer· Journed. ent rule for the Army than for the Navy? Mr. BACON. I quite agree with the Senator, but that had not Mr. DANIEL. There is no objection to putting ':the Navy" in. occmTed to me. Mr. CHANDLER. Does the Senator object to my suggested 1\fr. FORAKER. It did not occur to me, and I am sure it did amendment? not occur to the Secretary of War, with whom I talked in regard Mr. DANIEL. I do. An officer of the Army is an officer of to it. the Army. and is referred to as such in the statutes. Mr. BACON. I am sure the Senator will not understand meas Mr. CHANDLER. I understand the Senator's amendment to intimating that that is the design or that he had any such purpose. be what the exis~g law now is. I think the law, however, is dif. Mr. FORAKER. In fact, I think most of the appointments ferent as to retired officers, who are allowed to sometimes hold will be made before this session of Congress adjourns, though civil offices. some of them may .not be made that early. I appreciate the sug­ Mr. FORAKER. I understand this to apply to civil offices; gestion of the Senator; but I do not know when Congress will not offices that are held under the military occupation, if there adjourn, and I think the joint resolution had better stand as it is. be a proper distinction to be made. I inquire of the Senator if he Mr. PLATT of Connecticut. We on this side of the Chamber, has any objection to adding the word "hereunder" after the word I think, ought to be 9bliged to the Senator from Georgia [Mr. ''rendered? " B.A.CONl in that he is able to communicate to us what the ex­ Mr. DANIEL. It seems to me the proposition is a good one in pressed" wish of the President of the United States is with refer­ general; but I have no objection to confining it to th.is resolution. ence to adjournment. For one, I feel very much under obliga­ We are not prepared to consider other matters. tions to the Senator. I had not heard of it before. Mr. FORAKER. That is the only reason that I ask it. I have Mr. BACON. The Senator will pardon me. He has not read no objection to the amendment with the modification suggested. the newspapers of the city if he has not heard of it. .M:r. DANIEL. I havenoobjectiontoconfiningittoPorto Rico. Mr. PLATT of Connecticut. Mr. President, I think I might We are dealing with the question of a civil govemmentfor Porto almost say that I had not heard of it if I had read the newspapers Rico. of the city; but I have yet to learn that when the President ex­ Mr. FORAKER. I suggest to insert after the words "service presses a wish to Congress he expresses it through the newspapers rendered" the word ''hereunder." of the city. :Mr. PLATT of Connecticut. The Senator from Michigan [Mr. Mr. BACON. That was not my statement, Mr. President. My McMILLAN] makes inquiry whether this will not apply to the statement was th.at the newspapel'S had announced the fact that Engineer Commissioner of the District of Columbia? the President had communicated that wish to leading members Mr. CHANDLER. The Senator modifies his amendment. of the dominant party in each House of Congress that Congress Mr. DANIEL. If we make it general, it might strike some· should adjourn at an early date. where where we have not investigated, and we should be surprised Mr. PLATT of Connecticut. As I do not reckon myself-­ onrselves to see its effect. We are legislating for Porto Rico. and Mr. TILLMAN. Mr. President-- I would confine this matter to the government of Porto Rico and Mr. PLATT of Connecticut. Just allow me to say one word, not intermix general legislation with the amendment. please. Mr. TILLMAN. I should like the attention of the Senator As I do not reckon myself among the dominant members of from Virginia. We have an island somewhere called Guam, and either party in Congress, it is not surprising that I might not have there is an officer of the Navy who is governor of Guam. We heard of this expressed wish of the President. I am therefore ex­ have another island somewhere else out there-and very few of ceedingly obliged to the Senator from Georgia for communicating us know where it is, and never heard of it until recently-called it to the Senate and to me. Tutuila. The newspapers have made statements in regard to the Mr. BACON. I am sure I am very much gratified to be able to matter; but we are told that they never tell the truth about the serve the Senator. .Administration, although many of them are Republican in their Mr. PLATT of Connecticut. But I do want to say this, how­ politics. It is stated that some officer of the Navy has been de­ ever, in addition, that whatever the President of the United States tailed as governor of Tutuila, and I should like to know whether may think about the wisdom of our adjournment, the propriety Naval officers occupying such positions are drawing additional of it, ancl the possibility of it, with due regard to the business of salaries. We also have along with these numerons high·paid the country, I think, so far as I know.the opinions of Senators, commissions who are traveling around the world, drawing ten or they are all in favor of an early adjournment; and I think, so far fifteen thousand dollars a year salary. Let us try to get this thing e as I know the sentiment of the country, that the country would straight. · be very glad to have us adjourn even before the 1st of June. Mr. McMILLAN. I suggest that there be inserted the words , Mr. BACON. I desire tosarthat I thinktheSenatorisentirely "for service under this act." correct. N otbing can be done at this session of Congress except Mr. FORAKER. I think the amendment is in proper form that which is the work of the dominant party, and the less of it now. It is so restricted. I ask that the amendment be again that is done the better, and the sooner we adjourn without doing stated, as it has been modified. any of it the more gratified the country will be. [Laughter.] Mr. DAVIS. Let the amendment be read as it now stands. Mr. HAWLEY. I think, on the contrary, that the country ex­ The PRESIDENT pro tempore. The amendment as modified pects us to stay here until whatever is essentially necessary and will be stated. important shall be accomplished, I do not care whether it be until The SECRETARY. After line 13 it is proposed to add: And it is further provideffer an amendment to the joint addition to his salary as an officer. resolution. which I send to the desk. . Mr. DANIEL. It seems t-0 me that will answer. The PRESIDENT pro tempore. The amendment will be stated. Mr. TILLMAN. I should like to ask the Senator from Virginia The SECRETARY. After line 13 it is proposed to add~ if he can not make that retroactive? We now are discussing a And it is furthe1· r!rovided, That no officer of the Army shall receive any question on the Alaska bill that seeks to make that proposed law pay or emolument for service rendered in any civil capacity. retroactive, and while I am a little opposed to retroactive legisla­ Mr. FORAKER. I suggest to the Senator to insert "in addi­ tion, I think if any officer of the Army has been drawing a salary tion to his salary as an officer." for performing his duties as an officer of the .Army, and in addi· Mr. DANIEL. "In addition to his salary as an officer." Let tion a salary by reason of his civn. functions. the thing ought not those words be added. to be allowed, and we ought to stop it. Mr. FORAKER. With those words added, I accept the amend­ Mr. DANIEL. It seems to me we had better con.fine ourselves ment. to the matter before us. The information of some Senators is that Mr. DANIEL. It seems to me, Mr. President, that this is a no Army officer haB been receiving any salary for performing 1900. CONGRESSIONAL RECORD-· SENATE.' 4409

civil functions; and I take it for granted tbat such is the case. Mr. McMILLAN. I will give way to the Senatol' from Illinois We ought to deal with cases as to which we are advised, because in a moment. _I only want to get the bill up. otherwise we are led into hasty and ill-considered legislation in Mr. CULLOM. I wish to have the conference report which I t1·ying to accomplish too much. As to Guam and these other onbmitted yesterday considered. islands, it is all right and proper that naval officers should be Mr. CH..d.NDLER. Mr. President, is the routine morning busi­ governors of them. We have annexed the islands; they are under ness finished? military occupation, and the President has not exceeded the pro­ The PRESIDENT pro tempore. It is; and the resolution in re­ priety of his duty in appointing either naval or Army officers to gard to the seat in the Senate from Pennsylvania, which has been their temporary government. Otherwise he would have been laid before the Senate, has been temporarily laid aside. obliged to ship an Army officer to Guam and make him governor, Mr. CHANDLER. Then I ask that the resolution may go over but as a war ship was there, it was more convenient and appro­ until to-morrow morning. priate to make a naval officer the governor nntil such time as Con­ The PRESIDENTprotempore. The Senator from New Hamp­ gress may legislate about the matter. That has been done all shire asks that the resolution touching the Senatorial case from . through our history. It was an appropriate thing to do. We Pennsylvania go over until to-morrow morning. If there be no can not, however, consider all those matters in providing a civil objection, it will be so ordered. government for Porto Rico. If we can get that thing right, or as BALTIMORE AND POTOMAC RAILROAD, near right as we approximately may, we shall have done the best that the case admits of. Mr. McMILLAN. I now ask that Senate bill 1929 may be taken Mr. TILL}4AN. Mr. President, I do not think the Senator up. from Virginia and I differ as to the advisability or the necessity The PRESIDENT pro tempore. The Senator from Michigan of the President having some head or officer in control of those asks unanimous consent for the present consideration of a bill, islands of Guam and Tutuila. The question is in regard to the which will be read to the Senate for its information. payment of those Army or Navy officers for services as civil offi­ The Secretary read by its title the bill (S. 1929) to provide for cers in addition to the pay which they already receive. That is eliminating certain grade crossings on the line of the Baltimore the only point I was trying to make. I was not objecting to the and Potomac Railroad Companyin the city of Washington,D.C.• appointment of a governor for Guam. I know we have got to and requiring said company to depress and elevate its tracks, and have somebody there in authority. It is only a question as to to enable it to relocate parts of its railroad therein. the pay. Mr. CULLOM. If the bill of the Senator from Michigan is now We are starting out on an entirely new programme of imperi­ before the Senate, I ask the Senator to yield to me. alism, and we have got to keep track of the thing as it goes along. The PRESIDENT pro tempore. It is not before the Senate. We do not know what is going to happen unless we do keep track Mr. CULLOM. When it is before the Senate I should like to of the Executive action. Congress at least should know what is have the conference report considered. being done, so that we may know whether it is proper to indorse The PRESIDENT pro tempore. The bill will be read in full it or otherwise. for the information of the Senate, but it will not be before the Mr. CHANDLER. I do not believe a single Army or Navy Senate until the 8enate has consented to take it up. officer has received a dollar for civil services. The resolution the Mr. CULLOM. Then, if the bill is to be read in full, I hope the Senator from Georgia· [Mr. BACON] will offer will bring out that Senator will yield until I can have action on the conference report. fact. The amendment of the Senator from Virginia rMr. DANIEL] Mr. McMILLIN. I shall be glad to yield to the Senator. limits the effect of this joint resolution, and thererore I do not TERRITORY OF HA.WAll. think there can be any sound objection now remaining to its pas­ Mr. CULLOM. I now ask for the consideration of the confer­ sage. ence report, which I submitted yesterday, on the bill providing a Mr. FAIRBANKS. Mr. President, the impression created by government for the Territory of Hawaii. - what has been said on the other side of the Chamber to the effect that The PRESIDENT pro tempore. The Senator from Illinois asks Army officers have been receiving additional salary or compensa­ for the consideration of the conference report submitted by him tion for performing civil duties in Porto Rico is erroneous and yesterday; which will be read. misleading. The testimony of General Davis before the Commit­ Mr. BACON. Do I understand that this is a report of the con- tee on Pacific Islands and Porto Rico refutes that idea absolutely. ference committee on the Hawaiian bill? I read from his testimony: The PRESIDENT pro tempore. It is. All the collectors of customs are Army officers, who receive no salary and Mr. BACON. May! inquire whether or not it has been printed? no allowance. No Army officer in Porto Rico receives any salary allowance The PRESIDENT pro tempore. It has been printed. from the insular funds. Mr. CULLOM. It has been printed, and it is probably on the This is specific and admits of no room for doubt. The compen­ Senator's table. sation which the Army officers receive as such is all that they are The PRESIDENT pro tempore. The reading of the report will paid. be proceeded with. Mr. TILLMAN. Then I call the Senator's attention tothe fact The Secretary read the report as printed in the proceedings of that the statement is made in the newspapers, which never tell the Senate of yesterday. the truth, that Admiral Dewey claimed compensation as a mem­ Mr. COLLOM. There is a mistake in the last clause of the ber of the Philippine Commission; and with these various ques­ conference repo11;, which reads: Section 104, line 3, after the word "section," strike out the word "fifty­ tions, which, as I said, are entirely new, arising every day, there two" and insert in lieu thereof the word ••fifty-three." can be no harm in us keeping track of what is going on. Mr. HAWLEY. Can not that be attended to by some subse­ I failed to correct the error resulting from the numbering of quent legislation and let this business go ahead? the sections. It should be 52. Mr. SPOONER obtained the floor. v Mr. RAWLINS. Mr. President, it seems to me that the amend­ ment offered by the Senator from Virginia [Mr. DANIEL] is ob­ Mr. LODGE. Mr. President- jectionable. The law at present, as I understand it, is that no The PRESIDENT pro tempore. The Senator from Wisconsin military or naval officer detailed for civil service can receive any has been recognized. · additional compensation. This proposed amendment is to the Mr. LODGE. I beg pardon. I was not aware of that. effect that the military or naval officers detailed to perform civil Mr. SPOONER. Mr. President, it is quite impossible to gain service in Porto Rico -shall not receive additional compensation any very definite information from the reading of this report as for that service. That tends to weaken the general law, and im­ to what changes have been made in the bill as it passed the Sen­ plies that military or naval officers detailed elsewhere may receive ate. I should like to have the Senator explain, if he will, briefly such additional compensation. the essential changes, particularly with reference to the provision It seems to me it would be safer, at least, to omit the provision incorporated in the hill by the Senate concerning contract labor. entirely from this joint resolution, and let the matter stand under Mr. CUr'..LOM. Mr. President.- the general law. Mr. BACON. Before the Senator from Illinois proceeds with The PRES 1DENT pro tempore. The question is on the amend­ his explanation, I should like t

Mr. BACON. The last remark I made was that I hoped I might · If the ~enator is very anxious for a liUle time, I wish to inquire have the attention of the Senator from Illinois- whether a couple of hours would be all that is necessary for the Mr. CULLOM. I was trying to give it to the Senator from Senator, or would he want a longer time to look over the two bills? Georgia. Mr. BACON. Mr. President- :M:r. BACON. For the reason that the suggestion I propose to Mr. CULLOM. I desire to say before that is done-- make is for a practical purpose. I was trying to show the diffi­ Mr. BACON. I thihk the same course ought to be pursued in culty of our contrasting the two measures, which it is recognized this matter that is pursued ordinarily, that we ought to bav~ this by every one we should have a fair opportunity to do. We passed measure printed in a way that we can conveniently compare the an elaborate bill upon the subject of the governmE:nt of the Ha­ two. · waiian Islands. We sent it to the House. The House sent us Mr. CULLOM. I was going to say yon can get bills now, if back a bill in the form of a sub~titute. you_desire them, with the Senate bill all stricken out. lines drawn In other words, they sent back what purported to be an entire through its text, but still you can read exactly what the provisions bill. That bill corresponded very largely with the Senate bill; but are. There are ~lenty of those bills which can be secured at any still, from the fact that they sent it back not in the shape of amend­ time. ments to the various provisions of the Eenate bill, but in the shape Mr. BACON. The Senator will pardon me. of a substantive entire bill, it would be with the utmost difficulty Mr. CULLOM. It is very difficult to print this report-be­ that we could take the Senate bill and compare it with the House cause that is what it is now-in any other way than it is printed, bill, for the reason that even where it corresponds with the Senate because it is a substitute, and the substitute was acted upon by bill jt js simply put down as part of the House bill, and where it the conferees, and all the amendments that are in the substitute differs from the Senate bill there is nothing to indicate that that were concurred in by the conferees of the two Houses. I can is something in whicl.i it differs. It is all printed as a new bill, hardly see how you can print the bill so as to give any more light and the only thing that appears to us from this bill by which we upon the subject than you can get now than by getting the Sen­ can form any accurate judgment as to differences is ai:i to amend­ ate bill as amended by the House, strikmg out all after the en­ ments proposed by the conferees to the House bill. In other acting clause and inserting the House bili, except that you want words, the whole of the bill before us, the House substitute, which to get the amendments to the substitute which passed the House, is a bill in its entirety, is printed in the ordinary roman text. because the conferees have amended that measure. The House bill, so far as it has been amended by the conferees, The PRESIDENT pro tempore. The Chair desires to call the has h ad the part rejected stdcken through in the ordinary way, attention of the Senator from Illinois to the last amendment­ and the part substituted printed in it.a.lies in the ordinary way. S3ction IQ.i, line 3, after the word "section," strike out the word "fifty. 'l'he report of the conference committee shows in what the con­ two," and insert in lieu thereof "fifty-three." ferees differ from the provisions of the Honse bill, but there is It is clearly a mistake. nothing in this bill as printed by which we can judge as to how Mr. CULLOM. Yes. far the Senate bill has been changed, and I think it ought to be The PRESIDENT pro tempore. The Chair knows of no way printed in some way so that when we read a section we will be in which it can ha remedied except by the Senator withdrawing able to see that that section is as it left the Senate, or, if that sec­ the· report and having the committee of conference amend it. tion has been changed, it ought fo be so indicated that we can, There is no other way of which the Chair knows. from a perusal of that section, tell in what particular it has been Mr. CULLOM. I think the conferees ou "the part of the Senate changed. As it is now, the only way in which we can compare regarded that as a mistake in writing "three" instead of "two." the bill reported by the conferees with the Senate bill is to take The PRESIDENT pro tempore. It appears very clearly in both the original Senate bill in the one hand and the House bill in the reports, House and Senate, to have been a deliberate striking out other. and possibly requiring that there shall be two engaged in of ''fifty-two" and inserting "fifty-three." A report of a confer­ it at the same time, one reading the provision in the Senate bill ence committee can not be amended, and the Chair knows of no and the other reading the corresponding provision in the House way except for the Senator to withdraw the report and have the bill, for the purpose of determining whether or not there has been conferees correct it. any change in the Senate provision by the House provision, and l\Ir. CULLOM. I am fully aware that an ordinary error can if so, what has been the change. not be changed by any one of the conferees without the consent Now. I fully understand, of course, that the Senator from Illi­ of all, but I regarded this, and I think my colleague on the con­ nois will as clearly and as accurately as it is practicable for any­ ference committee thought so, too, as a sort of clerical mistake, body to do, point out to us the changes; but I do say it is impos­ which might be corrected without referring it back. But if the sible for anyone verbally to point out the changes in such a way Chair thinks differently, of course we will act accordingly. It that it will enable us to determine whether or not they are such was a mistake on the part of the clerk. changes as will meet with our approval. Mr. BACON. · As the report is not to be considered now, I Mr. CULLOM. The Senator from Georgia has stated largely should like to ask the Senator from Illinois whether it is not prac­ the facts as they exist with reference to the conduct of this bill ticable in the interim to have the bill so printed that we can tell from one House of Congress to the other. It is true, as stated, in what particulars changes have been made without having to that the Senate passed a bill. It went to the House, and instead, take the two bills and read them paragraph by paragraph. as we naturally supposed they would do, of their amending the Mr. CULLOM. How would the Senator suggest that it be Senate bill in the ordinary way, they did as the Senator has printed so that it would be any plainer than it is now, with the stated-struck out all after the enacting clause and substituted the bill as it passed the Senate before him? bill called the House bill. That bill. however, was largely the Mr. BACON. I do not know how I can better answer the Sen­ same bill, containing very many of the same sections, without ator than to refer to the su~gestion which he made to me. The amendment, that the Senate passed. For instance. I have here Senator asked rue whether or not two hours would be sufficient a bill not exactly as it passed the Senate, because it is printed for me to take these two bills and retire to some secluded spot and with the amendments made by the House incorporated; and, for compare them. lf I did so, that would not be information for the instance, section 2, section 6, section 7, Aection 8, I believe sec­ balance of the Senate. There are other Senators here as well aa tion 9-- I who want to have this information. I am no~ asking it for Mr. BACON. I would inquire of the Senator whether he is myself alone. prepared to take up the two bills, section by section, and show the Mr. CULLOM. I understand. sections which are identical and those in which changes have Mr. BACON. And it ought to be put in ~hapewherethe Senate been made? will be ad vised of the changes which·are made. We want to know Mr. CULLOM. I can as to most of the bill. I wish to say that two things. We want to know, in the first place, what changes I do not want anything unreasonable in reference to this matter. the House bill makes in the Senate bill. That does not appear by All I want is to get the conference report considered as soon as any printed document we have here, except we have the printed we can consistently, and with all the information that anybody Senate bill and we have the printed House bill, the one to be com­ wants, if we can give it. But there are a large number of very pared with the other. The other thing we want to know is this: inconseauential amendments made to the Senate bill, which con­ After the House, by means of a substitute, bas amended the Sen­ stitute what is called the substitute or House bHl, to which the ate propo3ition, in what particulars has the conference committee Senate conferees agreed; but the substantial provisions of the changed the two propositions? bill, or many of them, are as the Senate passed the bill. For in­ :Mr. CULLOM. That is shown in the bill which the Senator stance, as to the land matter, the Senate :provisions on that sub­ has before him. ject are accepted by the House. As to the· Federal court, the Mr. BACON. I understand that thoroughly. Senate provision was accepted by the Honse-I mean the House Mr. CULLOM. Then why do you ask the question? conferees, not the House itself. So most of the important provi­ Mr. BACON. I am not asking the Question. I am stating sions of the bill as it passed the Senate a1·e i·etained in the bill as what is the issue we have to make. I say there are two things -it comes before the Senate now in the conference report and ex- up_on whi

to show how far the conference committee bas adopted what was Mr. BACON. Showing what was the &nate bill and what was originally the Senate provision or how far it bas adopted that changed? which was the House provis'on. l\:fr. CULLOM. Showing what the Senate did-with the House Mr. TILLMAN. I suggest to the Senator from Georgia and the bill. Senator from Illinois that the usual course has been to number Mr. BACON. The Senator means what the House did with the the amendments to anv bill which the Senate bas sent to the Senate bill. House of Representatives and to point out just what changes or Mr. CULLOM. Showing what runendnrents the House bill substitutions have been made. If that were done in respect to makes to the Senate bill. this bill, we could very easily keep track of it. Mr. BACON. That is all I want. Mr. LODGE. There was but one amendment made to this bill Mr. CULLOM. We could not consider it in that way in con· Mr. CULLOM. By the House. ference, because the bill bef'ore us was the Senate bill with the Mr. LODGE. It is impossible to number the amendments, as number and title only and the House bill in place of all after the the Senator from South Carolina suggests, as there was but one enacting clause. But if it will satisfy the Senator, I am willing amendment, to strike out all after the enacting clause and insert to postpone the further consideration of this matter to-day and to the House bill. All that the conferees could do under that cir­ prepare a Senate bill with every amendment in it made by the cumstance was to report back the amendment with amendments. House. There was no other way of doing it. We followed that method, Mr. BACON. That is everything I could possibly ask. which is the only one open to us. The House bill is in the main Mr. CULLOM. And then that will have to be compared with the Senate bill, and there is no way of getting at the changes ex­ the substitute bill as amended by the conferees. cept by laying the Senate bill alongside the conforence report and .Mr. BACON. As amended by the conferees. The substitute comparing them line by line. bill, in other words, will correspond with the bill which the Sen­ Mr. BA.CON. Could not that comparison, after it was made, ator proposes to prepare. be put in writing, so that it could be printed and brought to us? Mr. CULLOM. What does the Senator want; the Senate bill Mr. LODGE. It is here on your desk. Yon can not do any­ with the House amendments as it pa:;sed the House or the Senate thing except to pnt the two bills together. bill with the House amendments as amended by the conferees? Mr. BACON. I am speaking of the comparison being put in Mr. BACON. That is shown now, Mr. President. The amend­ writing. Take section 8 of the bill; if it is identical, it would be ments of the conferees are shown. perfectly competent by marginal notes to say ''no change." Take Mr. CULLOM. But it would not be on the same paper. section 4; if that has been stricken out and another substituted, it Mr. BACON. So far as the amendments of the conferees are would be perfectly competent to put the stricken lines through concerned there is no trouble acout them. Senate section No. 4, and to put adjacent thereto the House sec­ Mr. CULLOM. No. tion No. 4 which has been substituted therefor. As it is, we have Mr. BACON. Butthetroub1eis thattheSenateconferees agreed the bill in its entirety as it left the Senate stricken through, and to the BouE0 bill with certain changes; and we are unable to see we have the bill in its entirety as it came back from the House what changes have been made in the Senate bill by the Bouse bill, put in italics, but there is nothing by which we can contrast one and if the Senator will prepare that which will show in what par­ section with another. ticulars the Honse bill as it came backfrom the House and before Mr. LODGE. The great mass of the two bills is the same, and it went to the conferees changed the Senate bill, that is all that is the great mass of the amendments are perfectly trivial amend­ necessary. ments, chiefly verbal. The important amendments can be com­ l\Ir. CULLOM. I will undertake to do that to satisfy the Sena· pared by any Senator by laying the Senate bill alongside the tor from Georgia and Senators generally. I will prepare a Senate conference report. There is no other way to compare them. If bill with all the amendments made to it by the Bouse and have it we printed what the Senator from Georgia asks for, it would be printed and before the Senate as soon as I can get it ready. It may simply printing the Senate bill alongside of theconferencereport. be a day or two, as it involves considerable work. Be would have to make the comparison just the same when they Mr. TILLMAN. Do I understand that the Senate conferees were printed together. agreed absolutely to the changes of the House? Are there no Mr. BACON. It would not be the same if each section which changes in the House bill? was not amended was so stated, and if each section which was Mr. CULLOM. 1f the Senator from South Carolina will look amended should be expressed as amended and the amendment at his bill he will see that there are a great many changes. printed in full by the side of it, so that we could see what it is. Mr. TILLMAN. Unless you point out the changes which the Mr. LODGE. There are a grnat mass of amendments. I am House made to the Senate bill and also the changes which the con­ not sure that I understand just what kind of a reprint the Senator ferees made in the House bill, we will ·still be at sea. from Georgia wants; but if I do understand, it would be a very Mr. CULLOM. The bill I reported show:: the amendments made great labor to reprint all those small amendments; to take the by the conferees. So I do not need to go over that any more, I Senate bill, compare it line by line, word by word, with the House should think. substitute and show every change, small and large, and then all Mr. CLAY. I desire to ask the Senator from Illinois whether the amendments made in the co~ference report, which are the it is not a fact now that we have before us the bill as it passed the only important ones. Senate and went to the House, and that which.the House reported Mr. BACON. Let me ask the Senator from Massachusetts a and passed as a substitute, and then the conference report insert­ question, because we are both after practical results. The Senat0r ing certain amendments to that substitute? says the amendments are of two classes; that there are some ma­ Mr. CULLOM. Certainly. terial amendments and some trivial ones, but there are very few Mr. CLAY. We have the two bills printed in one. If you material amendments and many trivial ones. Suppose the House, take up section 1 of the Senate bill and section 2 of the House bill instead of sending us back an entire substitute which expressed can you not compare them and thoroughly understand them? all of its changes, had taken up the Senate bill and had expressed Mr. CULLOM. Certainly. each as a separate amendment, would it not have been perfectly Mr. CLAY. And then simply see the amendments inserted by practicable for the Senate to have printed its bill with the amend­ the conference committee? ments as thus expressed by the Bouse; and if so, is it not now Mr. CULLOM. Certainly; it is all there. practicable? Mr. CLAY. It strikes me we have the bills before us now. Mr. LODGE. The Senate bill would have come back with the Mr. CULLOM. The lines are marked out, according to the House amendments, but the House did not amend it in that way. Printer's rule, but you can read it easily enough. But if it is in­ Mr. BACON. The Senator does not let me finish my question. sisted that I shall prepare the bill as the senior Senator from G eor­ .Mr. LODGE. I beg pardon. I thought the Senator had fin­ gia suggests I am willing to do it, so that it shall be perfectly ished. plain. :Mr. BACON. Is it not now equal1y practicable to take the Sen­ Mr. BACON. I hope the Senator will do that. ate bill and show as to each provision in what way it has been Mr. CULLOM. I withdraw the report for the time being, and amended by the House substitute? Then we could compare it will comply with the wishes of the Senate as nearly as possible as with the conference report. regards the printing. .M:r. CULLO.Jl. Let me make an inquiry, to find out. if I can, PUBLIC SCHOOLS IN THE DISTRICT OF COLUMBIA. 'vha~ would sa.tisfy the Senator. I hold in my hand a Senate bill with the arnendtnents agreed to by the Bouse incorporated in it. Mr. MASON. Mr. President- 8ubsequent to the House bill as a substitute coming here we had The PRESIDENT pro tempore. The Senator from Michigan as the Senator from Massachusetts and I have both stated to con~ [Mr. McMILLAN] is entitled to the floor. sider the substitute instead of the Senate bill as it w~uld be l\Ir. MASON. I merely wish to give a notice on a matter some­ amended if the substitute were all in it. If that would be satis­ what personal, to which I have had my attention called. factory to the Senator. I can preparn a Senate bill with every pro­ The PRESIDENT pro tempore. Does the Senator from Michi­ vision of the House bill as it passed the House in it. Would that gan yield to the .Senator from Illinois? satisfy him? Mr. MASON. It will not take over five minutes. 4412 CONGRESSIONAL RECORD-SENATE. APRIL 19,

Mr. McMILLAN. I yield. grade to the High School. I have tried to leave no branch of the Mr. :MASON. Mr. President, I have had my attention called public schools unattended to, so far as my family is concerned. 19.tely to an amendment to the regular appropriation bill for the Dis- I shall object, if it is not too late, to legislation going on an ap­ trict of Columbia, in regard to the public schools, and I desire sim- propriation bill that seems to change the whole plan of the schools, plytogh-enotice,rnthattbosewhoarepressingtheamendmentwill and especially when it is based upon a report of answern made by understand, that I intend, unless I ham furtherinformationon the young people of this town on subjects in which they have had no subject, to object to the amendment, and if the matter goe3 into training. conference, and it is not too late, I sha~ make the point of ord.,: Mr. GALLINGER. The Senator will perceive that this report that it is new legislation upon an appropriation bill. is part 2. Perhaps he has not read part 1 of the report. Two re- As a reason for that course of conduct, I desire to state that I ports have been made. regard the amendment, from what little opportunity I have hacl Mr. MASON. I do not know how this is marked. I think I to read it, while the situation in which it leaves the schools of have seen two reports. Is there a minority report on the matter? the District may possibly be fair condition, and the whole course Mr. GALLINGER. There is not. Mr. President, I will say to of the investigation, and the report particularly, us rather an un- the Senator that the report is made in two parts. It is not a warranted attack upon the schools of the District of Columbia. minority report in either instance. I have had personal aq.uaintance with the schools of the District The PRESIDENT pro tempore. This discussion is proceeding for perhaps twelve or fifteen years. I have had occasion myself, by unanimous consent. by reason of members of my own family being in the public Mr. MASON. I so understood it. I had the consent of the schools, to visit every dApartment, particularly within the last Senator who was entitled to the floor, and that is all I have to say. three years. I think 1 can speak advisedly from personal observa- However, before I sit down, I have not said that I should oppose tion that the public schools of Washington are the best public this proposition ii it can be shown that it will benefit the schools schools, certainly as good as any in the world, and the best I ever of Washington, and I am exczedingly sorry th~t I can not have visitedt and I never saw better discipline and I never saw more the attention, or at least be permitted to make my own personal faithful attention to duty on the part of the teachers and the stu- statement upon the floor, without so much-- . dents than here. Mr. STEWART. I desire to give the Senator notice that when The report is remarkable in that it goes after the boys and girls this measme comes up properly for discussion, if objection is of Washington and asks them questions about which they have made to the proposed legislation, I shall give additional reasons had no training and expects them to define the different branches why it should te. had, which will be satisfactory, no doubt, to the of the Government, to separate the executive, the legislative, and Senator. It will be satisfactory to all sober-minded, thoughtful the judiciary. people at all e\•ents. There is no time to do it 11ow. The learned Senator who has been conducting the examination The PRESIDENT pro tempore. Has the Senator from Illinois knows that some of the best writers of law in the United States concluded? disagree upon the very question asked our school children. Mr. MASON. No; I have not finished yet upon thfa subject. Upon the matter of spelling, I find that the average that they I want the Senator to understand that if he has some concealed missed according to his own report is less than 3 per cent in a weapons about him by which he intends to attack the public-school hundred words-two and a fraction per cent. I suppose if the boys system and change it here, I am perfectly willing to hear them, and and the girls of the High School were to come into the Senate and if they are fair and if there is any reason for this amendment I put us in a class our general average would be about 5 or 6 per am open to conviction. cent lower than is found in the High School in the city of Wash- .Mr. STEWART. I assure the Senator that the arsenal is full, ington. but there has been no opposition that called forth or created the It is true that there have been some very queer answers given to necessity for bringing out and pointing all the guns. It will be questions as to the formation of the Government, as to what were done if there is sufficient opposition to justify it. the four great countries that have contributed to the settlement Mr. MASON. I give the Senator notice that I am here prepared of this nation; it is true that many queer and strange answers to receive whatever he has in the arsenal against the public-school have come from these young minds, which have not been trained; system. but I regard this whoie thing, this attempt to change the organic Mr. STEWART. Whenever there is any disposition to defend law of the schools of the District of Columbia- that system, then the artillery will be brought out. The arsenal Mr. STEWART. Mr. President-- is full. The PRESIDENT pro tempore. Does the Senator irom Illinois :Mr. MASON. I am prepared and ready now; and if the Sen· yield to the Senator from Nevada? a tor has any facts he should not conceal them and attempt to pass Mr. MASON. Certainly. this legislation through on an appropriation bill. Mr. STEW ART. Is this matter before the Senate for discussion Mr. STEWART. We furnished sufficient to satisfy everybody now? Whenever it is before the Senate, I shall have something else but the Senator from Illinois. to say, but I do not want to take up the time of the Senate now. l\Ir. MASON. Why, Mr. President-- Mr. MASON. There is no doubt about the Senator having Mr. LODGE. I call for the regular order. something to say when it comes before the Senate. ·I simply say Mr. MASON. That is a statement of the Senator, a mere state- that I want to give notice. The matter was put through on an ment. appropriation bill. I supposed there was some legislation pend- The PRESIDENT pro tempore. The Senator from Massachn- , ing in regard to the schools in the Distl:ict of Columbia. It was s~tts demands the regular order. my misfortune. Possibly the Senator thinks I ought to have been BALTIMORE Alm POTOMAC GRADE CROSSrnGs. observing every movement of appropriation bills, but the Senator is well a.ware that a man he1'e has many other duties to performt The PRESIDENT pro tempore. The bill called up by the Sen­ many constituents to serve, and I was not in the Senate Chamber ator from Michigan has been read to the Senate by title. It will at the time this amendment was discussed. be read for the information of the Senate. The Senator from Mr. President, I will say further that I intend to make the point :Michigan asks unanimous consent for the present consideration of order unless I can see some benefit to be derived. I can see no of n. bill which will be read. possible benefit to be derived by changing the present school sys- The Secretary proceeded to read the bill (S. 1929) to provide for tern and having committees of examination to report the list of eliminating certain grade crossings on the line of the Baltimore misspelled words. I regard that as unfair. I do not believe any and Potomac Railroad Company in the city of Washington, D. C., Senator would want to have submitted to him a list of a hundred and requiring said company to depress and e!evate its tracks, and words and then have published to the world the number he mis- to enable it to relocate parts of its railroad therein. spelled. I think it would be more fair if you would report the Mr. PETTIGREW. I should like to know what bill is being ninety-seven words and n. fraction that they spelled correctly. I considered, and how it comes here at this time. think that would be more fair and better treatment of the public Mr. 1\Ic l\lILLAN. I asked unanimous consent to take up the s.chools, becausethepublicschools in Washington are for the boys bili a half hour ago, and the Secretar:y is now reading it. It is to a.nd girls, the youth of the city of Washington. eliminate the grade crossings of the Baltimore and Potomac Rail- I do not know the superintendent very well. I have not spoken road. with him for years. I have no interest in it., for it is one of the Mr. PETTIGREW. 'Ihatis the road that goes across the Mall? rules of my life to let the millionaires and the taxpayers build Mr. l\fcMlLLAN. Yes ~ it goes across the Mall. schoolhouses, and I endeavor to furnish my fair share of the occu- Mr. FETTIGREW. I object to the pre;:;ent consideration of the pants. I have always had six or seven in school in Washington, bill. and I make it my business to see that they are getting the very The PRESIDING OFFICER (l\Ir. HANSBROUGH in the chair). best that this country can give them. The schools of Wa~hington Objection js made to the present consideration of the bill. are, in my opinion, the best graded, the most cleanly. They have Mr. McMILLAN. Will not the Senator consent to have the adopted an excellent system here in all the departments, for I have bill read? children in all of the departments of the schools, from the primary 1 Mr. PETTIGREW. No; that is just what I want to avoid, 1900. CONGRESSIONAL RECORD-SENATE. 4413

because the next time it will be brought up and passed in a half The SECRETARY. A bill (S. 2355) in relation to the suppression minute on the ground that it has heretofore b~n read. I want of insurrection in and to the government of the Philippine Islands, to examine it more fully. I may not object later on; but it seems ceded by Spain to the United Statee by the treaty concluded at to me that Congress ought to get the railroad off from the Mall Paris on the 10th day of December, 1898. entirely and leave that entire space clear. The road would be Mr. LODGE. I ask that that may be temporarily laid aside quite near enough to the city if it were a block or two farther that the Senator from Connecticut may proceed with his bill. south. I object to the present consideration of the bill. The PRESIDING OFFICER. TheSenatorfromMassachusetts The PRESIDING OFFICER. Objection is made. asks unanimous consent that the regular order may be laid aside. Mr. CARTER. I ask unanimous consent-- That will be the order if there is no objection. The question is on Mr. STEWART. I hope the Senator from Montana will allow agreeing to the amendments reported by the committee. me to present a conference report. Mr. PLATT of Connecticut. I ask that that may be disagreed Mr. CARTER. I will yield for that purpose. to, and I propose the following amendment: In line 3, page 1, of Mr. STEWART. It will take bn.t a moment. the bill, after the words "Internal Revenue/' to insert: The PRESIDING OFFICER. The Senator from Nevada pre­ Subject to regulations prescribed by the Secretary of the Treasury. sen ts a conference report. The PRESIDING OFFICER. The Senator from Connecticut N .A. V AJO INDIAN RESERVATION, ARIZ, asks that the committee amendment be disagreed to. Mr. STEWART submitted the following report: Mr. COCKRELL. What committee amendment is it that you The committee of conference on the disagreeing votes of the two Houses want disagreed to? on the amendments of the Senate to the bill (H. R. 4001) authorizing the ad­ Mr. PLATT of Connecticut. I will explain. The amendment justment of rights of settlers on the Navajo Indian Reservation, Territory of Arizona, having met, after full and free conference have agreed to recom­ provides that the conclusions of the Commissioner of Internal mend and do recommend to their respective Rouses as follows: Revenue sbaU, when approved by the Secretary of the Treasury, That the Rouse recede from its disagreement to the amendment of the be final, so that they shall not be upset by accounting officers and Senate, and agree to the same with an amendment as follows: In line I of the auditors. It was thought on consultation at the Treasury Depart­ Senate amendment strike out all after the word "Provided" and insert in lieu thereof the following: .. That all that portion of the Navajo Indian Res­ ment that it would make too much trouble, that the Secretary ervation in Arizona. lying north of 36° 30' north latitude, and west of the one should be obUged to sign and approve every order, and the lan­ hundred and eleventh meridian, be, and the same is hereby0Zpened for min­ guage which I propose, that it shall all be done under rules and ing purposes only and subjooted to the mining laws of the united States;" and the Senate agree to the same. regulations prescribed by the Secretary of the Treasury, was WILLIAM M. STEWABT, thought to be sufficient. GEORGE L. SHOUP, Mr. COCKRELL. I have no objection to that. JOHN L. McLAURIN, Managers on the part of the Senate. The PRESIDING OFFICER. The question is on agreeing to JOHN F. LACEY, the amendment of the committee. JORN H. STEPHENS, The amendment was rejected. CHARLES CURTIS, Mi-. PLATT of Connecticut. Now I propose the amendment Managers on the part of th.e House. which I send to the desk. The PRESIDING OFFICER. The question is on agreeing to The PRESIDING OFFICER. The amendment will be stated. the report. The SECRET ARY. In line 3, page l, after the word "Revenue,'' Mr. COCKRELL. I should like to hear an exnlanation of it. amend by inserting the following: What is the effect of the report? ~ Subject to regulations prescribed by the Secretary of the Treasury. l\fr. STEWART. The bill provides for the extension of an Ex­ ecutive order to take in some woodland that the Indians want. and The amendment was agreed to. it provides for buying the settlers off. That was the original bill Mr. COCKRELL. I should hke to know whether this provision which passed the House. This amendment allows mining only wouJd cover a case of a bill which was referred to the Committee upon a portion of the reservation upon which there are lava. beds, on Finance, introduced by myself, in regard to a book of stamps and where the Indians do not go at all. It js for the benefit of the that was supposed to have been destroyed by the collector of inter­ Indians. and at the same time allows miners to work only in the nal revenue at Kansas City, Mo. lava-bed country where it does no harm. The Honse objected to Mr. PLATT of Connecticut. I think it would. It allows the it because the language might be construoo to open it for other Commissioner of Internal Revenue, where stamps have been de­ purposes, and so the conferees have confined it to mining only. stroyed or lost or.spoiled, to refund upon proper proof being made It is open only to mining. to him. There are a great many of these cases, and I will state Mr. COCKRELL. And nothing else? the necessity for passing the bill. It is a reenactment of the old Mr. STEWART. Nothing else. That was the provision of the law, but the old law has become obsolete as to some portions of House. They limited it as it passed the Senate. the stamps. The only new thing in it is that the action of the The report was agreed to. Commissioner of Internal Revenue shall be final and, under the amendment, when made, according to ru' es and regulations pre­ INTER~AL-REVENUE STA.MPS. scribed by the Secretary. The difticuJ!y is that the auditor sets Mr. CARTER. I ask unanimous consent that the Senate now up to determine questions of fact as we~ l as law.and holds up the proceed to the consideration of Senate bill 3419, known as the conclusions of tba Commissioner of Internal Revenue, who is in Alaska biil. possession of all the facts. :Mr. HOAR. I suggest that the unfinished business be laid be­ Mr. COCKRELL. The reason why I ask about the matter is fore the Senate and laid aside. It is only two minutes of 2. that I asked the Commissioner of Internal Revenue prior to the Mr. CARTER. The hour for laying the unfinished business assembling of Congress to prepare a bill such as would afford relief before the Senate has not arrived, and the resolution relating to in this case, and I was advised by him that a general bill was being the Pennsylvania case went over by unanimous consent, I think, prepared. Now, was this bill prepared in his office? until to-morrow. Mr.PLATT of Connecticut. I think this is the bill; and I think Mr. LODGE. Yes; until to-morrow. it affords relief in the matter which the Senator refers to. Mr. CARTER. I yield to the Senator from Connecticut, who Mr. HOAR. Mr. President, I hope this bill will pass, and I wish desires to call up a bill. the Finance Committee, or some other committee, might at some .Mr. PLATT of Connecticut. I am obliged to the Senator from time bring in a bill which would apply to con·ecting such mis· :Montana for yielding to me. I desire to have Senate bill 2559 takes throughout the Gntiie fiscal service of the country. Every passed, which has been reported by the Committee on Finance, little mistake, or injustice, or accident in a large portion of the and which it is important that it should pass in order to facilitate public service has no remedy except by coming to Congress for business at the Treasury Department. legislation. It ought not to take up the time of Congress, and the The PRESIDING OFFICER. The bill will be read. petitioners have sometimes to come again and again, and a gen~ The Secretary read the bill (S. 2559) authorizing the Commis­ eration is wasted before a man will get redress for some little sioner of Internal Revenue to redeem or make allowance for in­ thing. ternal-revenue stamps; and, by unanimous consent, the Senate, Now, the United States ought to be in the position of an ordi· as in Committee of the Whole, proceeded to its consideration. nary well-managed businP.E_s concern, and somebody ought to be The bill was reported from the Committee on Finance with an trusted. Although there may occasionally be mistakes and pos­ amendment, in line 2, page 3, section 2, after the word "calcula­ sibly sometimes be wrongdoing, it is much better that there tion," to insert "when approved by the Secretary of the Treas­ should be officers who have this power than that Congress should ury." be the place of resort, where there is quite likely to be mistakes, Mr. PLATT of Connecticut. I wish that amendment may be if not wrongdoing. disagreed to. I propose to insert another amendment in the bill Mr. PLATT of Connecticut. I think there is great force in in lieu of it. wh11t the Senator from Massachusetts savs. The PRESIDING OFFICER. The Senator will suspend until Mr. HOAR. I say this not as a criticism of the Senator's bill, the Chair lays before the Senate the unfinished business7 which but in laudation of it. will be stated. Mr. PLATT of Connecticut. If the Senator will prepare such 4414 CONGRESSIONAL RECORD-SENATE. APRIL 19, a 1i11. I know the Finance Committee will be very glad to con- Ireserved the right to object, the Chair understands, later in the sider it. The Secretaries, however, are. to a certain extent, now consideration of the bill. There was no objeetion to its present an,hori ::ed to correct those matters. The Post-Office Department consideration. can correct them to a limited amount; the Secretary of the Treas- Mr. JONES of Arkan8as. I do not know about it. I supposed ury can issue duplicate checks to the amount of $2,5~0; and the!e the Senator from South Dakota did not o~ject. to it. . are other instances. But I have no doubt there might be a bill Mr. WARREN. I hope the Senator will withdraw his present applying to all the oi::erations of the·Government, which would objection. facilitate the business which people have with the Departments Mr. PETTIGREW. I have no objection to hearing the amend­ and which would re"liave them from a great many annoyances ment, and I presume that I may object later on. With that un- that they are now subjected to. I hope the bill will pass. derstanding, I will withdraw my definite objection. Mr. PETTIGREW. I should like to know what the bill is. I The PRESIDING OFFICER. The bill is before the Senate in should Hke to have it explained. What is the particular reason Committee of the Whole. whv it comes here? Mr. PLATT of Connecticut. Now let the amendments of the :Mr. PLATT of Connecticut. Mr. President, the Sena.tor was committee be first read, so that we may know what they are. not in when I called up the bill. The old law-that is, the law Mr. COCKRELL. Yes; let the amendments of the committee which was passed when we had the stamp duties formerly-author- be read. ized the Commissioner of Internal Revenue to make allowance for Mr. PLATT of Connecticut. Let them be reported and not stamps which had been lost or destroyed or spoiled, and to refund acted on now. the money. That law is not applicable to all cases of stamps The PRESIDING OFFICER. The amendments of the Com- which are authorized by the new law. 'l'his is a reenactment of mittee on Public Buildings and Grounds will be stated. tha old law so as to include all the stamps and allow the Com- The SECRETARY. In section 1, page 2, line 5, after the word missioner of Internal Revenue to hear the facts, see whether they "Claims," insert "or for such other purposes as may be deter­ wm·e lost or spoiled, or not used, and tomakeallowanceforthem; mined;" so as to make the section read: and it makes him a final judge as to whether an allowance ought That the Secretary of the Treasury be, and be is hereby, empowered and to be made subject to regulations prescribed by the Secretary of dire~ted to acquire for ~nd in the n~meof the Unite.d States,_for the yurpose T ·easu;·y and 1n the mannerberemafterprov1ded, the followmg-descr1bed rea. estate, the I • . . L • ? with the improvements thereon, known and designated as original lots Nos. l\Ir. PETTIGREW. That IS all there IS abou., it, 5 6, 7, and 8 in square 167, in the city of Washington, D. C., and cuntaining Mr. PLATT of Connecticut. That is all there is in it. 17,733 square feet, lying_and bei!'.lg at the corner ot !'ennsylvania avenue and The bill was reported to the Senate as amended and the amend- Seventeenth street NW., frontmg. on Pennsylvama. a.venue 106 feet and on . ' Se.venteenth street 160 feet, and bemg the property of the Corcoran Gallery ment was concurred ID. . . of Art. ~aid property to b~ used by the Court of Claims, or for such other The bill was ordered to be engrossed for a third readmg, read purposes as may be determined. the third time, and passed. ln section 2, page 2, line 9, before the word "thousand," strike CORCORAN ART GALLERY. out "fifty" and insert "thirty-two," and in line 10, before the word "dollars," strike out "five hundred;" so as to made the sec- .Mr.WARREN. I desire to call up the bill (S. 2610) to author- tion read: ize the purchase of the P1'.0perty known as ~he Corcora_n Art G~l- SEc. 2. That the Eaid Secretary is authorized and directed to acquire said lery, in the City of Washmgton, D. C. It IS a short bill and will property by purchase from the owners at and for a sum not exceeding take no time. I think. $33".3,500, or by condemnation proceedings conducted in accordance with the '11 · Id t th S t "d' th b"ll terms of an act approved June 25, 1890, to provide for an eligible site for a M r. C A. RTER• I Wl yie O e ena or' provi Ing e 1 city post-office in the city of Washington, D. C., with amendments thereto, does not lead to discussion. approved August 30. 1890. The PRESIDING OFFICER. The Senator from Wyoming Section 3, page 2, line 16, 'before the word "thousand," strike asks unanimous consent for the consideration of a bill which will out "fifty" and insert "thirty-two;" and in line 17, before the be read at length for the information of the Senate. word" dollars," insert "fifty;" so as to make the section read: The Secretary read the bill. RREN. There are certain amendments offered by the SEc. 3. That the sum of ~.500 is hereby appropriated for the purpose of Mr. WA carrying out the provisions of this act. committee-- . Mr. COCKRELL. I wish to offer some, to comein before them, On page 2, after line 18, insert the following new section: · 1. - th fi t SEC. 4. That so much of the act entitled "An act to provide for the erec- In ine ::>, on e rs page. tion of a. building for 'the Department of Jm~tice," approved March 3, 1899, as Mr. WARREN. Very well. provides "that said building shall be constructed so as to provide a court The PRESIDING OFFICER. The Senator from Missouri will room and necessary accommodations for the Court of Claims," be, and the suspend until ~he Chair a~certains if ther~ is ?bjection to the pres- same is hereby, repealed. . ent considerat10n of the bill. Is there obJection? Mr. COCKRELL. In other words, this simply makes a purchase Mr. PETTIGREW. I reserve the right to object to the extent of the old Corcoran Art Building for the use of the Court of Claims, of not having the bill read until I know more about it. I should now located in it, and th~ bill, as amended, proposes to appropriate like to hear the Senator's amendment. not exceeding $332,500, but leaves it subject to condemnation. Mr. COCKRELL. The bill has been read. My amendment is in section 1, line 5, to strike out the words "and The PRE:::3IDING OFFICER. The bill has been read for the in the manner," so that it will read "for the purpose hereinafter informa'.tion of the Senate. provided;" then at the end of line 6 to insert ''or for other pur- :Mr. WARREN. But the committee amendments have not been poses, as may be determined: Provided, That the same can be read. secured for a sum not exceeding $332,500;" and then to strike out Mr. PETTIGREW. By that I mean that I do not desire here- the whole of the section authorizing condemnation proceedings; after that the bill shall be called up and a statement made that it so that if they will sell the building for a sum not greater than has been read, and then passed without any consideration. I sup- $332,MO, the purchase can be made; but if they do not, that there pose I have the right to objeet and that it would have to be read shall be no condemnation proceedings. I think that is a fair price over again in full if it were considered hereafter, the bill having for the building, and that it is sufficient. I believe the Court of been simply read for the information of the Senate. Claims ought to have a separate building. The PH.ESIDING OFFICER. The bill is before the Senate as Mr. WARREN. I am willingto accept the amendment offered in Committee of the Whole. by the Senator from Missouri. Mr. JONES of Arkansas. Does the Chair hold that there is no Mr. PETTIGREW. I should like to inquire where this bill objection? It seems to me the right reserved by the Senator from comes from, what is the necessity for it, and who owns the real South Dakota was an objection to the bill, in case he has the right estate? to object. Mr. WARREN. The real estate is owned by the Corcoran Art Mr. PETTIGREW. I object until I know more about it. I Gallery Association, and it is desired by the Department of Justice will object finally now if there is any question about it. for the use of the Court of Claims, now occupying it. Mi·. SPOONER. The Senator has a right to object at any time. Mr. PETTIGREW. Is the bill recommended by the Depart- Mr. WARREN. Mr. President- ment of Justice? The PRESIDING OFFICER. Objection is made. l\!r. WARREN. It is. Mr. WARREN. I did not understand the Senator from South Mr. PETTIGREW. It seems to me we ought to have some plan Dakota to object to the hill at this stage, but he reserved the right in regard to the construction of additional public buildings in this to object to it after it had been fully read if he should choose to city for the accommodation of the Government offices, and that do it. The bill has only been partly read. The amendments have plan ought to involve the beautifying of the city as well as the not yet been stated. construction of suitable buildings. In other words, I do not think Mr. JONES of Arkansas. I understood that was tlie intention we ought to buy a corner here and a corner there, without refer­ oftheSenator from South Dakota, but I understood theChair'srul- ence to any definite plan as to the improvement or the develop­ ing to be that that was not an objection and that the bill is be- ment of the city. We ought to ham some systematic plan which fore the Senate. would result, as I very much hope, in some steps being taken to The PRESIDING OFFICER. · The Senator from South Dakota secure the south side of Pennsylvania avenue for the purpose of 1900. CONGRESSIONAL RECORD-SENATE. 4415

erecting there public buildings with proper space between them, been Teferred to the Commit.tee on Appropriations, and I am di­ so that they will be examples of art as well as of l;ltility. We rected by that committee to report it ·back favorably without ought to profit by the example of some of the other cities of the amendment:- I ask unanimous consent that it·maynow te con­ world who have pursued such a policy, and have thereby contrib­ sidered and put upon its passage. The whole matter is in the dis­ uted something to art as well as to the necessary conveniences for cretion of the executive department. carrying on the business of government. The PRESIDING OFFIC~R. The Senato1· from Colorado asks It seems to me that the purchase of the ground for the location unanimous consent for the present consideration of the joint reso­ of the Attorney-General's Office was a mistake. The area is too lution reported by him, which will be read in full for the informa­ small, and it is surrounded by other tall buildings, so that we can tion of the Senate. not construct a building there that will be a thing of beauty. The Secreta1·y read the joint resolution (H. J. Res. rn.J) author­ It seems to me the Post-Office building which we have con­ izing the exhibit of Government relics at the New York Printing structed on Pennsylvania avenue was a mistake for the same Exposition, from May 2 to June 2, 1900; and the Senate, as in Com­ reason. We ought to have had more space about it, with parking mittee of the Who!e, proceeded to its consideration. and trees surrounding it. Such things would add to the appear­ The joint resolution was reported to the Senate without amend­ ance of the building and would beautify Pennsylvania avenue. ment, ordered to a third reading, read-the third time, and passed. Instead of doing this we have built a barn, a sort of barracks, for the Post-Office Department. It seems to me the building ought CIVIL GOVERNMENT FOR ALASKA. v not to have been constructed so as to cover the entire space. Without following any well-developed plan, we are continuallv The Senate, as in Committee of the Whole, resumed the consid- buying such real estate as people want to sell to the Government, eration of the bill (S. 3419) making further provision for a civil thus ultimately making the city ugly, and making it so that we government for Alaska, and for other purposes. shall at some time want to remove the capital from it, if such a Mr. CARTER. Mr. President, it was not my purpose to fur­ policy shall be continued. ther address the Senate with reference to the controverted matter That is why I object to this bill. I do not think there is any proposed by the amendment of the Senator from North Dakota reason why this particular locality should be purchased. Per­ fMr. HANSBROUGH]. The course of the discussion upon yester­ haps it may contribute to the success of the Corcoran Art Gallery, day afternoon, however, seems to render necessary the placing in and that is the only possible consideration I can see for it. It logical sequence and in regular order of the various facts and cir­ seems to me the space desired is too small. We ought not to con­ cumstances leading up to the present controversy. struct these public buildings and expend vast sums of money upon To begin with, the preparation of the Alaskan code has been a the.m, upon spaces smaller than perhaps a whole block; and we work of continuous and heavy labor. The Committee on Terri­ ought not perhaps to erect public buildings on a space as small as tories devoted much time to the preparation of this code, consist­ ing of three titles, over 600 pages, and in the neighborhood of a whole block where we ~an not secure proper surroundings. Mr. WARREN. I agree to very much, in fact about a11, the 2, 000 sections. Senator has said. But this is the situation as to this proposed Numerous persons appeared before the committee from time purchase: We are in possession of the ground and have heretofore to time, claiming to have been in Alaska or to be interested in made an appropriation to erect a building for the use of the Depart· Alaskan affairs. Persons representing the interests which the ment of Justice. Neither the piece of ground nor the proposed Senator from Colorado fMr. '!'ELLER) so fervently urges here to­ buildiug are large enough to accommodate the Department of day were before the committee and in almost constant attend­ Justice, including the Court of Claims. It is true, as the Senator ance_, and apl?ear~d by attorney and in I?erson. I can not perceive bas said, that the spaces are not always large enough, and it is any 1mpropnety m that, nor do I ment10n the fact that the inter­ to relieve us from that situation in this particular Department Est which opposes this amendment was represented before the that it is proposed to buy the old Corcoran Art Gallery for the committee by attorneys. It is eminentlyproperthat persons hav­ use of the Court of Claims, so that we may not be compelled to ing interests in Alaska should appear before the committee hav­ add, at far greater expense, moro ground and a larger building ing in charge the legislation relating to that district. in that particular block, which has been heretofore secured for The bill was finally reported to the Senate, read;- and placed be­ the Department of Justice. I agree with the Senator about se­ fore the Senate for amendment. The Senator from North Dakota. curing full blocks and about improving the south side of Penn­ challenged the wisdom-and justice of section 73 of Title ill of the sylvania avenue, and I am ready to join with him in the building bill. I am free to say that at the time he drew attention to that up of the city in such a proper way as he suggests. section it had not challenged my attention as calcu1ated to con­ .It used to be said to ns when we were children, "You can not fir-m shady or doubtful titles or to give rights where none existed eat your gingerbread and sell it, too.·• This. however, is an oppor­ under the law. It seemed to me when he drew attention to the tunity to accompiish just that thing. The Government buys this section, however, that it should be st.ricken out, and, further still building and grounu at a less figure than we could get similar that section 72 had no place in the bill. ' ' property for in any other part of the city. And then the public­ Mr. TELLER. What section did the Senator say? the Government, I may say-gets the benefit of every dollar of Mr. CARTER. Sections 72 and 73 •. Title III, of the bilL the money so paid out, because it is to be expended in enlarging Mr. TELLER. On what page of the bill are they? and perpet"Gating the Corcoran Art Gallery School, which is kept Mr. CARTER. On page 469. The two sections objected to open as a day and night school to everybody who desires to attenu which appeared in the biJl as reported to the Senate, read as fol: as well as in purchasing additionai works of art to add to th~ lows: present magnificent collection which is a pride to the city and to SEC. 72. Any alien may acquire and hold lands, or any right thereto or the countrv. interest therein, by purchase, devise, or descent, and he ma.y con>ey mort­ ga~~· an<') devise ~he same, and if he shall die intest::i.te the same shall descend As I said before, the lots upon which we are to erect a buildinO' to ms 1:J.eirs; and mall cases S!-ich_ lands shall be held, co:iveyed, mortgaged, for the Department of Justice will furnish room enough to tak~ or devised. or shall descend m like manner and with like effect as if such care of that Department if we provide for the Court of Claims as alien we1:'o a _native cHizen of the district or of the United States: and any corporation rn_corporated under the laws cf any State in the United States proposed in this bill. Then we can go on in the line the Senator ~r of any fo_rc1gn e-0untr_y not prohiliited b~ law from carrying on business bas indicated in any further bnildings to be erected. 1n the dIStr1ct may acqmre, hold, use, and dISpose or, in the corporate name Mr. PETTIGREW. The ground which we have secured for ~real est~te necessary or conv~nient _to car1:y into effect tho object of th~ mcorporation anu the transact10n of its busmess, and also any mterest in the Department of Justice is admittedly not sufficient, and there­ real estate, by mortgage or otherwise, as security for moneys due to or fore we must add another piece admittedly not sufficient jn order loaned by such corporation. • to make two bad jobs instead of one. I object to the consideration SEC. 73. The title to any lands heretofore conveyed shall not be questioned nor in any manner affected by reason of the alienage of any person from or of the bill. through whom such title may have been derived. The PRESIDING OFFICER. Objection is made to the con­ sideration of the bill, and it goes over. In conjunction with this objec!tion the Senator from North Dakota presented me a communication elated May 25, 1899, ad­ NEW YORK PRINTING EXPOSITION. dressed to the President of the United States, which has been Mr. CARTER. l\lr. President~- printed in part, but not entirely. I wish to have that read as a 1\tr. TELLER. I ask leave to make a report at this time. part of my i·emarks. The PRESIDING OFFICER. Does the Senator from Montana :Mr. SPOONER. What is that? yield to the Senator from Colorado? Mr. CARTER. It is a communication addressed to the Presi­ I\lr. CARTER. I will yield to the bill of the Senator from Col­ dent of the Unitecl States, which will explain itself and which orado, which I hope will be the last. has been. as I have said, partly printed. ' .l\lr. TELLER. A joint resolution came from the House of The PRESIDING OFFICER. The Secretary will read as re- Representatives authorizing the exhibit of Government rP-~ic s at quested. · the New York Printing Exposition, from May 2 to Ji:;ne 2, 1900. The Secretary proceeded to read the paper. It has passed the other House. The people connected with that Mr. TILLMAN. I inquire what is the document which the printing exposition are exceedingly anxious to have the joint reso­ Senator is having read? lution passed at an early date, because the time is short. It has Mr. CARTER. This is a petition which the Senator from North

• 441() CONGRESSIONAL RECORD-SENATE. APRIL 19,

Dakota presented to me at the time he maile his objection t-0 sec­ Sixth. That it is the belief of many persons that the law does not give the tion 73. to which I have referred. right to locate and claim the public mineral lands of the United States to an individual acting through or by an agent by power of attorney, and they are Mr. TILLMAN. How comes it that it was sent to the Presi­ desirous of contesting such right in a court of competent jurisdiction. ·And dent of the United States; and if it was, why did it not get to him? your relator further believes that the only court of competent jurisdiction Mr. CARTER. I presume that the President of the Uni tad States in Alaska to try and adjudicate such question and the q_uestion of land and mineral rights therewith under the law of May li, 1884, 1s the United States i·eferred it, as such matters are generally referred, to the appro­ district court at Sitka, which is some 1,500to1,700 miles distant from this lr ca.­ priate Department. Just how it was referred I do not know; but tion and is, by reason of the rigorous climate, wholly inaccessible for the nine it is a matter which ought to have received the attention of the winter months and almost so during the three snmmer month<>, by reason oi' the distance and poor and irregular means of communication with Sitka, Pre3ident, and I suppose bas received his attention in so far as the where said district court is held. Executive action could reach the situation. Seventh. That one Lieut. E. S. Walker, of Company-, Eighth Regiment, Mr. TELLER. It was referred to a committee here for legisla­ is in command of the military forces of the United States at St. Michaels, in tive action? said Territory, and of tho military reservation under control thereof. 'rhat the said E. S. Walker bas actively engaged in locating mining claims himself Mr. CARTER. It was handed tome bytheSenatorfromNorth and by having agents locate the same for him by powers of attorney, and he Dakota in conjunction with his objection to section 73, to which now owns and claim~ and is interested in a lar_pe number of locations of I have referred. · claims so located (nearly all of them being loca.tea by agents), a list of which claims he owns or is interested in in El Dorado and Discovery mininrr dis­ J\Ir. TILLMAN. I just wanted to know how it got here. tricts is attached hereto and made a part hereof. Relator is informe8 and Mr. NELSON. If the Senator will allow me, I will state as a belioves that he is also largely interested in many claims in other districts, fact that this statement was printed as a part of Senate Docu­ the title to which is in question. and are of the same nature. ment 272. Eighth. That one L.B. Sheppard istbe United States commissioner forthe Territory of Alaska and for the district of St. Michaels, and as such is also Mr. CARTER. As I have already stated, the paper was printed ex officio jllStice of the peace, with the jurisdiction and powers conferred by only in part; and I desire, if there be no objection, to have it read the Oregon statutes where not in conflict with the United States law, and the in full. said Sheppard has also actively engaged in locating mining claims by agents, by powers of attorney, and now owns and claims and is interested in a large Mr. STEWART. I hope close attention will be paid to it, as I number of claims £0 located; that the said Sheppru·d is also interested in a. think it will be shown that none of the people who eigned it speak lari;;e numb3r of claims located by Laplanders, who are in the employ of the of their own knowledge. Umted States Government. C..1.l'ing for its reindeer, and are under contract to be returned to Lapland at the expiration of five yea.rs from the date of said con­ Mr. CARTER. I trust it may be received for what it is worth, tract; that Laplanders are of the Mongolian ra<'e and are prohibited from at any rate. claiming and locating the public mineral lands of the United States. A list Mr. STEWART. I should like to inquire of the Senator if he of the claims in \vhich tho said Sheppard owns or is interested in El Dorado and Discovery mining districts is hereto attached and made a J?art hereof. • knows the distance of that locality, Council City, from Cape Nome 'rhe said Sheppard is also interested in a large number of claims m the other by the ordinary route of travel? districts, the title to which almost wholly rests upon the question of the Mr. CARTER. lam not able to answer the Senator'sqnestion. >alidity of locations by powers of attorney. Mr. STEWART. I understand it is between150and 200 miles. Ninth. That persons believingo such locations, in many instances, to ba illegal and void, and in other cases fraudulent, and being desirous of contest­ Mr. CARTER. The paper, I think, is self-explanatory. ing the same in a court of competent jurisdiction have, in several instances, The PRESIDING OFFICER. The re&,ding of the paper will relocated the ground so attempted to be located fraudulently. be proceeded with, if there be no objection. Tenth. That the said E. S. Walker and L. B. Sheppard, upon learnillg of rrhe Secretary resumed and concluded the reading. The paper such action, as your relator is informed, became fearful of losing a large number of their claims, and knowing of the isolation, the difficulty of the is as follows: people here to reach Sitka, where the district court is held, conspired together COUNCIL CITY, ALASKA, May 25, 1899. and agreed between themselves and a certain nnm ber of the claimants whose supposed rights were to be contested. that the said Sheppard, acting as a jus­ To His Excellency the President of the United States. tice of the peace under the Oregon statutes, would assume to have jurisdic­ SIR: Your relator would respectfull"f represent and show to Your Excel­ tion to try and p::i.ss upon the question of the right of an individual to locate lency the following, upon the informat10n and belief of the members of this the public mineral lands of the United States by an a~ent by power of attor­ association and upon the information and belief gained from the sfatements ney and to try the que3tions of land and of mining rights mixed therewith, of other reliable and reputable citizens, viz: and that a numbe1· of suits were to be commenced by said claimants involving First. That we are located and residing on the banks of the Neuk!uk wch questions, and that he (Sheppard) would, as judge in such cases, decide Rfrer, a tributary of Fish River, about 50 miles north from Golovin Bay, on that locations so made were legal, and thereupon gfre judgment for the the north shore of Norton Sound, Territory of Alaska. plaintiffs, and that if defendants in any way disobey the judgment of said Secoml. About the 25th of April, 1898, gold was discovered in this section court so given, then the military forces of the Unit~d States under command by a party of four men, consisting of A. P. Man daunt, H. L. Blake, D. B. Libby, of tho said E. S. Walker would arrest and imprison any person so disobeying and L. F. Melsing. The report of such discovery was not fully circulated the action or judgment of said court; that under pretense of accommodating until law in the summer of 1898, and dm·ing that fall about 100 people came the litigants in such actions the said court was to be held at Golovin Bay, in and are wintering here. Since then rich discoveries of gold ha"\"e been about 200 miles from St. 1\fichaels at which place some of the "to be" plain­ made in the surrounding country, notably in what is now known as the Cape tiffs resided. As an excuse that the United States military forces should Nome mining district, on the eastern shore of the Bering Sea. We believe appear at that place, it was arranged that a petition should be circolated and these discoveries will attract from 5,000 to 10,000 people, and probably more, signed. to this ~ectiou between this and the 1st of the coming October. Accordingly such petition was prepared by those interested and secretly Third. That five mining districts have been organized, viz, El Dorado, circulated and signed. But some six or seven persons signing knew of it in D!scovery, Bonanza, Blake, and Cape Nome districts. In these districts Council City (where there were about 125 people), the other signers residing some 2,000 mining claims have been located by the original lt!O and oth~r peo­ at Golovin Bay and other places distant from the mine. In response to said ple who have come in from the Yukon and other placesdu1·mg the wmter- petition so prepared as agreed among themsel"\"es, com·t was to be held at Golovin Bay. And during the latter part of January or the first par~ of pr~~~~fh~~i\°~g~h!i~resaid H. L. Blake and one N. 0. Holtberg made the February, 1899, the said E. S. Walker caused to be posted throughout the first discovery of gold during the summer of 1898, in what is now known as different districts notices announcing that L.B. Sheppard would hold com·t Cape Nome mining district, and afterwards imparted the information of at Golovin Bay on or about llforch 5, 1899. And about that day he did soap­ such disco>eries to their supposed friends, H.P. Anderson and H. E. Carl­ pear at that place, accompanied by a squad of seven soldiers under command son, the Swedish missionaries, respectively, at Golovin Bay and p-na~kl~t, of Lieut. 0. L. Suaulding, jr., and on March 7, 1S9!J, suits were commenced at and it was agreed between them that they would return to said district that place in Sheppard's com·t by H. P. Anderson vs. O. J. Comtois, N. 0. , ~foresaid together at a later date and organize a mining district. '!'be mis­ Holtburg vs. A. P. Mordaunt, J. L. Hagelin 'L'S. J. L. Wilson, and the ap:pear· sionaries disregarding thoir promise, secretly and clandestinelv and un­ ance of ioaid defendants was fixed for March 20, 1899. known t~ the said Blake, organized a party consisting of E. Lindbloom, E. Linderberg (who is e.mployed by the United .States Goverm:I?ent in the car? Different questions of law and fact were at issue in said actions, and the of the reiudeer station at Eaton), W. C. Price, and E. N. Kittelsen. and 12 question of the right to locate public mineral land of the United States by Laplanders (whose names are unknown) in the United State.;; Government agent and by power of attorney, and rights to land and of mining rights were employ and sent them to CaJ:>e Nome to locate mining claims in the afore­ involved in al said actions. The trial thereof lasted from .March 20 to JHarch said Cape Nome mining district and organize the same, and they did so lo­ 23, and all three actions were at once decided by said Sheppard in favor of cate many claims and organize said district. 'T'~at at such meeting to so the plaintiffs aforesaid. Defendants requested a jury to try said actions, organize said district there were present 4 white men and 2 Laplanders, which was denied by the court. And during said trials every motion or ob· or "half-breeds," who were not citizens. That at such ::n~e.ting a by-law (so jection made by plaintiffs' counsel was granted or sustained, and every mo­ called) was passed allowing one person to locate placer-m.mmg land and lode tion or objection made by defendants .was overrul~d or ~e~ied. It was claims as ag.ent for another by power of attorney, and smce then hundreds remarked by all present, except those mterested with plamtiffs, that the of claims have been located by power of attorney for persons absent; and trials were a "farce." such powers of attorney have been recorded, together with the notice of the The following will rnustrate the general proceedings on said trials: Derend­ locations made thereunder, and the persons making such locations are now ants filed an affidavit setting forth that tho judge (Sheppard) was interested <:!aiming said lands as bona fide locations. and disquali!ied to try i.ssue.s involved, on the ~round that be was. perso~a.lly Fifth. That a large number of \.be so-called powers of attorney uuder and largely mterested lil the result or the·trials by reason of his_holdmg a. which the aforesaid locations have been made and so recorded are fraudulent, large number of mining claims, the titles to which would be affected by his the same never having been signed by the persons by whom th~y ~re pur­ deci<;ion on the questions involved in the c..'\se before him, and attached as ported to be signed, but were written out and the names of the. prmcipal and "exhibits" powers of attorxey given by himself and his stepdaughter; that witnesses thereto forged to such powers of att-0rney. In manymstal!ces loca­ he held a large number of mining claims located. thereunder, etc., the titles tions would be made during the day and the powers of atto!ney wntten.out to which would be made good if his decision in said actions was givo!l to and the signatures forged thereto to fit and correspond with the locations plaintiffs, etc. He was slow, or did not seem to know what form of order made during the day. That the greatf\r part of the powers of attorney.so to make. When plaintiff's attorney spoke up and said, "Judge, yon want to used in locating are signed by the principal and two witnesses, but such sig­ make an order overruling that motion or objection," the judge responded by natlll·es were never acknowledged before any officer c!'.'mpet~nt to.take ~d saying, "Yes; I overrule this motion." c~rtify acknowledgments, and were never stamped with Umted States m· While the said Sheppard was in Capo Nome mining district, a few d~ys ternal-revenue stamps, as required by law. Your relator believes that all previous to said trial, he informed a. gentleman there that he would decide so-called powers of attorney are illegal and incompetent, and any locations the case of Anderson vs. Comtois in favor of plaintiff, Anderson; and also made thereunder of the UmteCi States mineral lands illegal and void and are previous to said trials, and while at Golovin Bay, he said to another gentle· fraud. Your relator also believes that it is the intention o~ many of the per· man that" he had come over to stop claim jumping," as he called it. Imme­ sons so making such illegal loca!Jons under fraudulen~ and mcompetent pow­ diately upon the conclusion of said trials Lieut. 0. L. Spaulding, jr., called ers of attorney to bold possession of the land and mme the gold therefrom all the aforesaid defendants and one L. F. MeL'>.ing into bis private room and without paying the United States Government therefor in goOd faith, as pro­ informed them that if they or any of them did not respect and obey the de­ vided and intended by law. cision and judgment of tha court in said actions he would arrest and coallne

• 1900. CONGRESSIONAL RECORD-SENATE. 4417 them in the guardhouse and that he would arrest and confine any person crime and preserve peace and good order in the community; protec!; the hereafter who "jumped" a claim, and shortly afterwards, on the same day, rights of its members and all law-abiding citizens. to wit, on March 23, 1899, did arrest and confine one L. F. Melsing. and next A. P. Mordaunt, M. J. McDonald, W. T. Waters. H. Nitoch, Max morning, on March 24:, 1899, he arrested tmd confined one "Jack" Watterson, Godette, D. F. Lane, H. Smieding, Geo. W. Bennett, F. Neu· and conveyed them to St. Michael, where they are still under arrest and con­ stadt, R. L. Rice, E. F. Schumacher, M. Enright, N. L. finement, so relator is informed. Schmidt, J. B. Hart, Carl Tuhl, J. J. Frazen, Chas. Cook, A. Both of said persons are respectable and law-abiding citizens and large Richter, J. H. Whitney, M. Myers0ugust Schultz, W. J. Jones, property owners, and were, at the time of their arrest, quietly attending to Wm. Page, A. Peterson, J. T. victor, A. Schneider, J. L. their own affairs at Golovin Bay and had in no way comm.i.tted any crime nor Wilson, Dr. Kercher, C. Eiles, 0 ..T. Comtois, Geo. Bunn, in any way broken the peace. Such arrests were ma-0.e without any charges Harry Green, Julius Follett, J. C. Nelson, C. 0. Russell, A.. being placed against them, and rela tor is informed that no charges have been Wruck, H. Meinn, W. J. Dick, W. Neirsback, J. Fontaine, F. placed against them. Each had before located a piece of ]and that had been Osborn, C. L. Porter, D. E. Lepine, F. Heidrich, Louis Fie· attempted to be located by a Laplander, and which they believed was fraud­ me_yer, John McDonald. N.R. Barge, W. E. Dean,C. F. Rydell, ulent, and they desired to contest his location thereof in the civil courts. At S. P. Bengtson, G. A. Diamond, S. B. Gleine, et a1. the time of arresting said Melsing, Lieut. 0. L. Spauldin~. jr., said to him: "If you will see Sheppard and arran~e that matter with h1m,and either gi.ve Mr. CARTER. Mr. President. it has been suggested in the comse him&. bill of sale or abandon your claim to that land,Iwillreleaseyou; other­ of the debate that the gentlemen, fifty in number, who signed this wise I will keep you under arrest." Mr. Melsing declined to do this. That was the only reason given for his arrest. The arrest of both of these parties protest or who constitute this law and order league, are disreputa­ was wholly without cause and without charges beinK~preferred against ble, and that the only really reputable people in that country are the them, and such arrest and detention by an officer of the United States Army few Laplanders and aliens who have not declared their intention was an outrage upon the rights of law-abiding citizens. Eleventh. '!'hat during the time that the said L. B. Sheppard was at Golo­ to become citizens of the United States. The Senator from North vin Bay he and one N. T. R. Hatch, attorney for the aforesaid plaintiffs, lived Dakota [Mr. HANSBROUGH I urged that action by Congress con­ at the house of Plaintiff H. P. Anderson (and slept in the same bed), where firming the title to the public domain in persons who had sought the other plaintiffs were also, and they, together with Lieut. O. L. Spaulding, to acquire the title in the manner outlined in this protest or peti­ jr., and other friends of plaintiffs, were in almost constant consultation. Twelfth. That to the trial or said actions it was common rumor in the com­ tion was not in accordance with fair dealing or good public policy. munity, and defendants were informed by different persons who were in a These petitioners merely requested the privilege of being allowed position to know the facts that it was arranged that they were to be "rail­ to go into a court of justice. They requested that a court be estab­ roaded" by the court and judgment given against them, and they then to be arrested by the soldiers if they in any way disobeyed the said court. lished; they requested that a land office be established, to the end Thirteenth. That we belie;e the aforesaid proceedings were had by said that their rights might be legally and regularly asserted. I do officers to prevent citizens from contesting the questions in the proper courts not pretend to say-indeed, I am loath to believe-that an officer by which the said officers as aforesaid and said plaintiffs are holding many and valuable tracts of Government mineral lands, they knowing full well of the United States Army, in collusion with Mr. Sheppard, the the difficulties which citizens would have to encounter in reaching the proper commissioner, proceeded, as outlined in this protest, to hold a courts, and hoping thereby that no contest would be made and they would court, deny a trial by jury, and adjudge the rights of these per­ thereby be enabled to hold their ]ands. Fourteenth. That on or about the 15th of October, 1898, the aforesaid A.N. sons according to the interest of the court and the interest of the Kittelsen commenced an action against one Harry Campbell before said L.B. Army officer. There was, of course, no jurisdiction in the justfre Sheppard, acting as a justice of the peace, and in such action the said Shep­ of the peace to try the title to the land. There was no right in pard, contrary to law, issued a writ of injunction prohibiting the said Camp­ bel! from working his mining claims, and the said Campbell having no means common decency for this justice of the peace to entertain juris­ of defending said action, and being ignorant of the law himself, was unable diction for a moment longer than was necessary to transfer the to defend the same and thereby caused great damage. cause when these defendants set up the fact that he was directly Fifteenth. That the said L. B. Sheppard is in the Elm ploy of the Nor th American Trading and Transportation Company at St. Michael, and has at and largely interested in the outcome of the suit. But it seems various times sold intoxicating liquors to the Eskimo and white men in vio­ that notwithstanding the protest of the defendants, notwith­ lation of the law, and while so holding the office of United States commis­ standing the denial of the right ~f trial of the issue by a jury, the sioner and justice of the peace. Army officer is said, after the judgment had been rendered in this Wherefore your relator would respectfully ask that the said L. B. Shep· pa.rd be removed from the offioo of United States commissioner as aforesaid, farcical proceeding, to have sent out for these poor men and said and that such legal proceedings be instituted against him as provided by to them, "Unless you obey this judgment and submit to it now, law: also, I will arrest you and bring you down and put you in the guard­ That the said E. S. Walker be removed from the office of captain in the United States Army, and such other proceedings be instituted against him house." as the law and Army Regulations provide in such cases; and that Lieut. O. L. Later on it was said that the officer, having made the arrest, Spaulding,jr., be removed from office, etc. said to thepersonsarrested, "If you will now go to Sheppard "-the 'l;'hat a United States land district be created for this section or portion of the district of Alaska, and that a register and receiver be appointed there­ court, the commissioner, the Pooh-Bah of the district-" and give for. with their office at Anvil City, Alaska. him a bill of sale of this property, I will release you." Of course That your excellency 1·ecommend to Congress the passage of a code of these were high-handed proceedings, but, as I have said, I am loath laws for the district of Alaska; also nrovidin~ for the creation of a judicial district for this section 01· portion of -the district of Alaska, and the apJ;>oint­ to believe that any officer wearing the uniform of the United ment therefor of a United States district judge to hold court and reside at States became a party to such proceeding. But the memorial Anvil City, Alaska. proceeds to say, and the statement is vouched for by 50 men, that J. L. WILSON, Ptesident Law and Order League. this Army officer and his superior were themselves interested in A. P. MORDAUNT, the subject-matter of the litigation. Secretary. Mr. STEWART. I should like to inquire of the Senator from Montana, if it will not interrupt him, whether he believes any EXHIBIT A. Army officer was ever guilty of the transaction that the relator states on information and belief. .Mining claims belonging to Capt. E. S. Walker, or in which he is interested, VlZ: 1.Ir. CARTER. A1·my officers have sometimes under circum.. Jn El DC>Tado district, on Ophir Creek.-No.19, above E. S. Walker; No. 1 stances proven recreant to duty. below Sandallius; No. 2, below J. Kennedy; No. 3, below--Rielly. ' Mr. STEWART. Do you believe it? I do not believe a word W~~covery district, on A1elsing Creek.-Rielly, 8andallins, Atchison, E. S. of it. We had an original list made in the handwriting of Capt. E. S. Walker Mr. CARTER. I am, as I have stated, loath to believe that this showing the above 4 claims on Ophir Creek, and 12 claims in Discovery, mak~ officer wasguiltyof the charge here preferred; but the truth or the ing 16 claims altogether. The original list has been lost, and this has been made up from memory to partially substitute it. He is also interested in falsity of the charge is so easy of demonstration that it is scarcely many claims in the adjoining districts. to be believed that these men would make the statement unless they were prepared to support it by the proof. Mr. RAWLINS. Mr. President- EXHIBIT B. Mr. STEWART. I should like to inquire further of the Senator List of claims in El Dorado and Discovery mining districts, which L. B. what on earth that has to do with ~he legislation proposed, if an Sheppard owns, controls, or is interested in, viz: A~y o:ffice_r o~· somebody else committed outrages, which I do not Olairns on Melsing Creek.-Harry Buggee, Jim Dodson, D. H. Hall, J. H. Bush, J. G. Barrett, E. E. McGavacks, Ed. Fallon. beheve-this ngmarole? What has that to do with a bill to take Claims on Ophir Oreek.-Ed. Fallon, E. McDavick, J. H. Bush, J. H. Bouse one man's property and give it to another? Joseph Domes, J. G. Barrett, J. H. Hall, Harry Buggee, L. B. Sheppard, s'. .Mr. CARTER. I yield to the Senator from Utah. Ivanhoff, 8. L. Hansbrough. Claim on Neukluk Rivel·.-S. L. Hansbrough, l\1r. RAWLINS. I should like to ask the Senator from Montana The following claims on Proxy Creek (but by some oversight the location if it be not true that a i·egular1y called meeting of the miners at notices were not presented to the recorder in time): B. B. Earle, E. S. Echols, Cape Nome, while they were in session, wasdispersedat the point H. Buggee, J. G. Barrett, E. E. l\icGavack, J.P. Agnew,E. H. Hanson, Joseph by Domes, J. H. Bush •. J. H. Hall, J. W. Wilson, Ed. Fallon, W. S. Lane, L. B. of the bayonet the soldiers of the United States under the com­ Sheppard, W ..M. Kidston, J. A. Greeham, Ed. Josie, E. Maynard, Harry Sbai­ mand of one of ~hese officers, and that after they had been driven man, J. H. Bu1se. - out of the meetmg and were upon the shore they were still pur­ At the foot of the list Mr. Sheppard makes the following note: sued and dispersed? I have this from very reliable sources, and "Also some claims located by Mr. Hansbrough. Mr. Libby knows about this. L. B. S." I ask the Senator if he has not information to that effect? .Mr. CARTER. Iuformation has reached me similar to that which the Senator from Utah refers to. LAW A?o.TD ORDER LEAGUE, Council City, April 10, 1899. This matter, so far as the Army of the United States is con­ Wo, the undersigned signers, being residents of Council Cit.y, Alaska, do associate ourselves together wider the name of the Law and Order League. cern.ed, !llust be s~bjected to a most searching and thorough in­ The purposes and objects of the formation of this league are the enforce­ vestigation. It will not answer any good purpose to palliate or ment and support of the law by all lawful and regular means; to prevent cover up such gross misuse of the Army power in remote parts of XXXIII-271

. 4418 CONGRESSIONAL RECORD-SENATE. APRIL 19,

our country. I can not believe that there will be a disposition far; that it proposed by legislation to affect conditions in exist­ anywhere to limit or defeat the purposes of an investigation look­ ence and to declare null and void certain transactions which, if ing to an ascertainment of the facts as the facts were brought into found in the court to be as stated, would be declared null and void being from day to day in connection with this phenomenal find by the colll't. But it did seem to me that one portion of the amend­ of gold. ment was necessary to a fair determination of the rights of these Tlie Sena tor from Nevada has suggested that he does not believe miners and American citizens in Alaska-that is, to give unto that an Army officer could have been guilty as charged by these them the right to go into the courts of justice and raise the ques­ memoriaiists. I sincerely hope that his. unbelief may be verified tion as the rights of the other parties to the suit. The reason for by an investigation. That investigation will follow there need that position I will again briefly state. be no doubt, and the investigation will bring to these Army offi­ Section2319 of the Revised Statutes of the United States, adopted cers that just punishment which this outrageous conduct merits, as a part of the mining bill in 1872, prescribes the qualifications if it is found that they a1·e guilty as charged in this memorial. of persons who may locate mining claims on the public domain. Mr. NELSON. Will the Senator from Montana allow me to It reads as follows: ask him a quPstion right here? I will be very brief. All valuable mineral deposits in lands belonging to the United States, both Mr. CARTER. Certainly. surveyed and unsurveyed, are hereby declared to be free and open to ex­ ploration and purchase, and the lands in which they are found to occupation Mr. NELSON. I see this memorial or petition is dated the 25th and purchase by citizens of the United States and those who have declared of .May last. Has it ever been presented to the President? Is it their intention to become such, under regulations prescribed by la,v, and ac­ addressed to him? cording to the local customs or rules of miners m the several mining dis­ Mr. CARTER. I presume it has been. tricts, so far as the same are applicable and not inconsistent with the laws of Mr. NELSON. What action has the President taken in the the United States. matter? In the Cape Nome mining country they could have no rules and Mr. CARTER. I undP.rstand that the officer who was there regulations because it is alleged the Army of the United States has been recalled, but what action is to be taken relative to pro­ dispersed the meeting. Now, under that statute a large number ceedings by the War Departmen.t I am not advised. That pro­ of cases were adjudicated, and these cases in the States and Ter­ ceedings should be taken either by the War Depa1·tment or by ritories held- Congress, to ascertain the truth of these charges, goes without Mr. STEWART. I should like to inquire of the Senator whether saying. they did not adopt rules and regulations and locate their claims Mr. PETTIGREW. I should like to ask the Senator if, after long before the alleged controversy about miners' meetings arose? the soldiers had broken up a meeting of the miners, they did not Mr. CARTER. I will be thankful to the Senator if, while citing prohibit the organization of a miners' union among the miners at these legal authorities, he will permit me to proceed in a somewhat Cape Nome? logical order. Mr. CARTER. I understand from numerous sources, and have The PRESIDING OFFICER. The Senator from Montana de­ been advised by persons in whose veracity I have the utmost con­ clines to yield. fidence, that the soldiers of the United States, under the charge Mr. CARTER. A long line of adjudications followed the en­ of·this same captain, did at Cape Nome disperse an orderly meet­ actment of this law. The Senator from Colorado [Mr. TELLER] ing of American citizens convened for the purpose of enacting claims that it was never held in Colorado that an alien who had wholesome and needed rules and regulations for the gcvernment not dedared his intention could not locate a mining claim. of that camp. Mr. TELLER. I will say to the Senator I did not say that. I Further st1ll, certain members of this union or meeting were said there was a very important case in the United States court subsequently taken to St. Michaels, a distance of one or two hun­ that held that, but that the court of appeals ov&rruled it, and sub­ dred miles, and there lodged in jail, without warrant or color of sequently the tiupreme Court of the United States ove1Tuled it. law, and detained there for an indefinite period of time. If, as a Mr. CARTER. That being conceded-- fact, this officer in his own person by and through the troops of Mr. TELLER. I do not mean to say there may not have been the United States on duty there engaged in the work of locating such an adjudication in the 8tate. I m ean to say, and he admits, mining claims, of making powers of attorney, of grasping all the that that is not the law now and has not been for many years. surface of that country he possibly could, then it follows as the Mr. CARTER. The Senator's statement relieves me from the night the day that the unprincipled officer who would engage in necessity of reading from the Colorado authorities. and indeed-- the business would do anything necessary to bring about the suc­ Mr. TELLER. I should like to say to the Senator that I sup­ cess of his operation. I do not pretend to make the charge, but pose it was considered the rule of law between the time the United the facts will out in time, and if guilt exists the guilty man may States court decided it and the time the court of appeals upset it, now begin to tremble. because that really was the court that tried our mining claims, It seemed only fair, Mr. President, that these people thus out­ and that was the court to which we looked for the law. For a raged under alleged forms of law, thus beset by the authority of time undoubtedly that may have been the rule. the Army, thus abused by an alleged court of justice, should ap­ M.r. CARTER. Certainly. peal to the President. and that their petition, when it reached the Mr. PETTUS. Will the Senator from Montana allow me? Senator, should appeal to bis sympathy and his sense of right and Mr. CARTER. With pleasure. justice. It will not answer now to say these men are entitled to Mr. PETTUS. I will be greatly obliged to the Senator if he no hearing because they are blackmailers, they are scalawags, will read his authorities. It may be satisfactory to the Senator they are jumpers. They are American citizens, so they state, and from Colorado, but we would like to hear them. it will be a. dark and evil day for this country when the badge of Mr. CARTER. I will read, then, from the case of The Golden American citizenship will not be at least as good a cloak for pro­ Fleece vs. Cable Consolidated Company, found in 12 Nevada, tection as the ancient citizenship of Rome was in the days of that 312. It was held: An An alien who has never declared his intention to become a citizen is not a republic. American citizen must not be thrown into prison qualified locator of minin~ ground and he can not hold a mining claim, ruthlessly by the Army office1·s of the United States and then de­ whether by actual possession or by location, against one who connects him­ nied a hearing in the American Senate upon the theory that he is self with the Government title by compliance with the mining law. a scalawag, without a hearing of any kind or character, In the case of The North Noon Day Mining Company vs. Orient Mr. President, in order to give these poor men an opening into Mining Company, in 1 Federal Reporter, page 522, it was held the courts of justice. the Senator from North Dakota (Mr. HANS­ tbat- BROUGH], to his credit be it said, moved by a high sense of duty Under the act of Congress of May 10, 1872, relating to the public mineral to a distant body of his fellow-countrymen, men on an ice-bound lands, none but citizens of the United States and tho~ e who have declared their intention to become such can acquire any interest to such lands by coast 8,000 miles away, introduced the amendment which I will location. ask the Secretary to read. In the case of Tibbets et al. vs. Ab Tong et al., found in 4 Mon­ The Secretary read as follows: tana, page 536, the supreme court of Montana held, in an opinion SEC. 73. That persons who are not citizens of the United States, or who prior· to making location had not legally declared their intention to become delivered by Wade, who was chief justice and one of the ablest SUC'h, shall not be permitted to locate, hold, or convey mining claims in said jurists that ever presided on a bench in this country, as follows: district of Alaska, nor i;hall any title to a mining claim acquired by location That the right to locate and the right to possess a mining claim go t

In Lee Doon vs. Tesh (8 Pac. Rep., 621) this doctrine is an­ may have to make some remarks about it and explain it before nounced: the Senator will understand it. I shall do that after he gets Persons who are not citizens of tho United States or have not declared through. their intention to become such, can not acquire any vested right to the pos­ Mr. CARTER. I shall expect it and would be glad to have the session of a mining claim on United States public lands. remarks made. In Morrison's Mining Rights, ninth edition, a text-book pub­ Mr. TELLER. Later? lished by an eminent member of the Colorado bar, I find, on page Mr. STEWART. Yes; later. 245, under the subtitle of " Ownership of possessory title," the Mr. CARTER. Now, l\1r. President, with reference to the Sen­ following: ator's question, somewhat well drawn out, but still intelligible, The terms of the mining acts (A. C., section 2319) throw open the public notwithstanding the wilderness of words smTou.nding it, we do domai.n for mineral location only to citizens of the United States and persons who ha>e declared their intention to become such. An alien, therefore, can not take from any person any right under this amendment that he not locate a mining claim. now enjoys. We put the statute of the United States into active Numerous authorities are cited. But these authorities, as I operation so that it may be invoked by anyone who is injuriously have heretofore stated, extend through the whole jurisprudence affected by a transgression of the terms of the statute. of the mining States and Territories until this point was reached, It will be seen from the authorities I have cited (and these au­ to wit-- thorities might be supplement€d by the score) that up to a recent Mr. STEWART. Will the Senator allow me a question right date it was uniformly held in the mining 8tates and Territories there? that a party to a mining suit could put the citizenship of the op­ Mr. CARTER. Certainly. posite party in issue and have the issue determined. I have tried, Mr. STEWART. If it is the law now that an alien acquires no I will not say hundreds, but certainly many cases under the min­ rig-hts, why does the Senator want this amendment? ing statutes of the United States, and up to the time the Supreme Mr. CARTER. Mr. President, that question, in the light of Court reversed this rule (the first time it was squarely reversed what I am about to remark, will be fully answered. was in the case of Manuel against Wulff, which I originally tried, Mr. STEWART. Whydoes the Senator want this amendment? which was taken on appeal to the Supreme Court from the State Mr. CARTER. In the course of time, after all these States had of Montana, where we raised the question} it had been generally laid a solid foundation for their jurisprudence upon these estab­ accepted as the settled law that any party to an action might put lished authorities, the Supreme Court of the United States reversed the citizenship question in issue and require that the party claim­ the rule-did not change the principle, but affected the remedy jn ing a right under a location should show that he was qualified this, to wit. it held that while an alien was not a qualified locator primarily to make the location. In contemplation of law that no power could raise the question of his right to possession ex­ requirement exists now. cept the sovereignty itself, the United States Government. l realize that the Senator from Wisconsin [Mr. SPOO~ER], as This rule of law lai.d down by the Supreme Court of the United likewise the Senator from Colorado fMr. TELLER], will invoke on Stat€s operates in practice to repeal the statutory provision of the terms of what is known as the alien land act of 1897. The provi­ act of 1812, which provides that none but citizens or persons who sions of that act so far as they might affect a mining location by have declared their intention to become such may locate mining an alien have never been construed, as far as I know. There is no claims, the Government not being in position, with its multi­ doubt that under the terms of the statute of 1897 if a title was farious business relations, with the numerous cases that are con­ originally acquired by a qualified person malting a location, as stantly arising, to institute inquest of office to ascertain who the was the case in the Manuel 11s. Wulff case, and then a conveyance trespassers on the public domain are. So that relegating the was made to an alien, the title would not lapse or the land be­ right to the. Government defeats the purposes of the statute. come abandoned because it passed to the alien. The Supreme The amendment which I propose contemplat€s reaching this Court held that distinctly, and held further that in that case the point, and I send it to the Secretary·s desk to be read as ape.rt alien having appeared on the day of the trial of the issue in open of my remarks. court to declare his intention to become a citizen of the United The PRESIDING OFFICER. The Secretary will read the States the right would relate back to the date of the making a de­ amendment. livery of the deed or the location, if location had been made. Mr. STEWART. Before that is read, I should like to ask-­ This amendment would only affect those persons who would The PRE:3IDING OFFICER. Does the Senator from Montana refuse, when challenged,· to come into court and declare their yield to the Senator from Nevada? intention. It would not deprive any human being of a right now Mr. CARTER. I desire to have the amendment read, if the Sen­ possessed. It would change the remedy by extending it to the ator will permit me. citizenship of the country instead of confining it to the sover­ .Mr. STEW ART. I should like to say-- eignty iti;:elf, which is equivalent to a repeal of the alien part of Mr. CARTER. I would be glad if the Senator later would re­ the statute of 1872. ply. We only want light. Now, Mr. President, the Senator from Colorado meets this bv The SECRETARY. On page 469 strike out sections 72 and 73 and saying these men who memorialize the President and whose insert: memorial has become a part of the public records of Congress That nothing in this act contained shall be construed as changing the exist­ can not be heard in any court because he elects in a moment of ing mining laws of the United States, but in any suit, action, or pr0<..'eeding temporary excitement to denominate them scalawags, claim hereafter commenced involving the validity- of an unpatented mining location jumpers, blackmailers. Grant it all for the sake of this argu­ on thepublicdomain any party alleginganmterest in the subject-matter may put the competency of the locator in issue, and the court shall determine ment, I say to the Senator from California [Mr. PERKINS], unjust whether the locator was a citizen or bad declared his intention to become a and cruel toward these men as this language may prove, what is citizen of the United States at the time the location was made. he to do with the vast army of American citizens who are now Mr. STEWART. Will the Senator from Montananowallowme? bound toward Alaska from all parts of the United States, going Mr. CARTER. I will conclude in a few moments, and I presume there hopmg, with the mantle of their citizenship about them, to that I can get through more rapidly-- enjoy their birthright on the public domain. Mr. STEWART. I wish to call attention to a point as we are Deny them the right to put in issue the capacity of a Laplander, going along: that is all. or a Chinaman, of a .Japanese, or a Korean, to hold a part of the Mr. CARTER. I yield this time, with the nnde1·standing that mineral land of the United States? Yes; the Senator from Colo­ the Senator will not do so any more. . rado would send them out there to meet all of Asia in open com­ Mr. STEWART. Very well. The Senator, as I understand, petition on land for which we paid money out of the Ti·easurv of tells us that the Supreme Court hold that nobody can take advan­ the United States, which is the common heritage of all the people tage of the location of an alien but the Government; it must be of this country. office-found. It further holds, I would inform him, ·that if the Mr. President, it will not answer for the Senator from Minne­ alien declares intention it avoids forfeiture at any time. Now, sota. [Mr. NELSON] to come forward with a pitiful plea concern­ upon _that basis, that being law-and it has been the law for some ing the Laplanders from the ice-brmnd coast of Lapland, nordoes years-when these investments have been made there is it fair to it add much to say that theirpredecessors fought under Gustavus pass a retroactirn law divesting title that is acquired under and Adolphus, and that. they are good Protestants, and therefore we in pursuance of the decision of the Supreme Court of the United ought to relax the laws. States? Would that be fair? His amendment is certainly retro· Mr. PLATT of Connecticut. Good Republicans. active. Is it not? It wiU apply to all cases wherever they are Mr. CARTER. And good Republicans as well. I suppose they brought before the court. It will apply to the question arising are sure of the here and hereafter in consequence of that combi­ in any cases, and I ask him if it will not disturb many titles in nation. But, 1\1.r. President, we have good Republicans and good that country. Does he know that aliens have not located many Protestants who are American citizens orwho havedeclared their of the claims that are now being worked all along in southern intention to l:ecome such, and for their rights I insist just atten­ Alaska? I am told they have sold them, and it will be impossible tion shall be given. to ascertain whether they were aliens or not. To the Senator from Minnesota I have freely srud, if as a fact, Mr. CARTER. Has the Senator concludeJ his question? in the absence of fraud, with good and honest intent, these Nor­ Mr. STEWART. Yes; I have concluded the question, bnt I wegians aud Laplanders, with a mistaken sense of official power, 4420 CONGRESSIONAL RECORD-SENATE. APRIL 19, went before the United States commissioner and declared their of the United States is not entitled to locate a mining claim on the intention to become American citizens, we will cheerfully cure public domain under the statute, and we should give every citizen the defect which exists because of the incapacity of the officer of the country whose interest is injuriously affected by him the before whom they appeared to receive the declaration. But in right to raise the question. That is all there is in this amend­ this demand for mere remedial legislation to affect a few there is ment. no legitimate justification for throwing open the entire domain of Mr. SPOONER obtained the floor. Alaska to all the people of all the countries in the world without Mr. STEWART. Mr. President, I wish to call attention-­ challenging their right, or gjving anybody the power to challenge The PRESIDING OFFICER. The Senator from Wisconsin their right, to go in and contest the ground with our own people. [Mr. SPOONER] is entitled to the floor. This is not retroactive legislation. From the day the alien made Mr. SPOONER. I yield to the Senator from Nevada. the location he knew that he was making it in violation of the Mr. STEWART. I wish to call the attention of the Senator statute of the United States, and the only question of concern to from Montana to the pleadings in this case. He has been trying him is who shall raise the question of his right to hold it. He so many cases outside of the pleadings that it seems very proper has no right. that we should take a. little view of where we stand. In the first But this amendment is made to operate as to actions commenced place, we have the affidavit of the recorder, Mr. Kittelsen, who is in the future. It does not relate to actions pending. The amend­ vouched for by Senators here as a gentleman of undoubted verac­ ment is fair, it is just, and it leaves but one question for the Sen­ ity. He makes a short affidavit as to the inception of these claims. ate to determine: Will we, in the future, with the judgment of He was not a hundred miles or two hundred miles away. He does the Supreme Court in practical operation nullifying the terms of not appear here as a relator; he does not tell a lot of sensational the statute by leaving the power in the Government alonetoraise stories, for which nobody can vouch. He does not implicate Army the question of citizenship, now meet the situation by providing officers or anything of that kind. There is no scandal in his affi­ that litigants in the future shall, as they have in nearly all the davit. It is as follows: history of the past, raise the question of citizenship in the trial DISTRICT OF COLUMBIA, Oity of Washington, ss: of their suits? It seems to me that this is a remedy of the right Albert N. Kittelsen, M. D., being first duly sworn, on oath says that he is to assert a defense extended; it is not creating a new defense. a citizen of the United States, and has been a. resident of the T erritory of Alaska since 1896; that he arrived at Cape Nome, Alaska.. aboutOctober,1898; ·I do not wish to comment at length upon the remarks of the that prior to that time there were three men located at Cape Nome; two of Senator from Colorado [Mr. TELLER] yesterday evening: I have them were Swedes by birth, but had been in the United States some ten to heard it said that sitting down the Senator is one of the mildest fifteen years; the third was a. Norwegian. Two other persons went there with me; one of them a Laplander and one an American citizen. - mannered gentlemen in the world; standing up he is one of the The Laplander had declared his intention to become an American citizen most ferocious. He had one of his ferocious streaks on hand yes­ in the early spring of that year, and his declaration was filed before L.B. terday evening. His better and calmer judgment, I am very Shepherd, who was a United States commissioner at St. Michaels. The six persons who were then at Cape Nome located claims; some of them had happy to say, led him to eliminate from the RECORD some state­ located previous to our arrival We then formed a mining district and ments which I am glad I did not 1·eply to yesterday evening. The adopted rules and regulations under the laws of the United States. I was position of the Senator from Colorado in this Chamber at this elected recorder. time is a position which any Senator may take without tarnishing A few weeks after that miners from the surrounding country commenced com~~ in.1 and during the following winter the number rose to between 200 him or justifying any man in questioning bis motive. I will not and ow. 1 recorded all their claimB, and in every sense was rtlcognized and proceed to name the men who have importuned me to take the acted as mining recorder. The first Laplander located three good claims­ same position. Speaking of lobbies, these poor fellows, bound in one for himself, one for his brother, and one for an associate, who arrived soon after and took possession and worked the claims. These Laplanders by the snow in Alaska, held by the ice of Bering Sea, are voiceless worked their claims during the working season of 1899, and sold out to Mr. in this Capitol. They are just plain American citizens out on the Lane in the fall of 1899. frontier. The opposition to this amendment, and the demand for One Norwegian located claims on about six different streams and has been in possession of them ever since. 'l'he claimsof these Laplanders, while they a ratification of these spurious and questionable titles, proceeds were in possession and working them, were located by other persons called from the speculator who went into Alaska, rounded up these ques­ "jumpers." tionable claims, and now comes down here and wants us to turn Later on the claims of the Norwegian were relocated by "jumpers" and recorded by me, because it was my duty to record all clauns presented for them into ready cash. I for one do not believe in doing that. Let recordation. I was so instruct ed by the judge of the district court. us have fair play for all hands. In the sum.mer of 1899 three lawyers located themselves at Cape Nome, The mineral treasures of this continent were discovered by a whose names were Hubbard, Beeman, and Hume. These relocators, although they did not take possession or work upon the claims they relocated or ha1·dy, i:wlendid, high-minded, worthy body of men. The Senator "jumped," emplo:red Hubbard, Beeman & Hume as their attorneys. Mr. from Colorado can not for one moment outdo me in paying a Hubbard, of the firm of Hubbard, Beeman & Hume, an attorney for the relo­ tribute of respect to the men who on lonely mountain sides and cators, is in the city of Washington. I met him on the 5th of this month in the committee room of Rena.tor HANSBROUGH. down in the deep, dark recesses of caverns and canyons of the I have no interest whatever in any of the "jumped" or relocated claims, mountains have uncovered the wealth that has been pouring into either as original locator or relocator, and no private interest that would be the Treasury of the United States and to its people since 1849. affected by any of the proposed legislation. They were the trail blazers. They penetrated the Rocky Moun­ ALBERT N. KITTELSEN. tains. The Senator from Alabama [.Mr. PETTUS] knows the class Sworn to and subscribed before me this 6th day of April, 1900, at Washing­ ton, D. C. of men they were. He was of them. They were not aliens. Those [SEAL.] ELKANAH N. WATERS, Notary Public. prospectors are not here asking that we shield them from question. That is the truth from a man on the ground. He does not tell The Senator from Colorado speaks of the splendid camp at Crip­ a lot of roundabout stories about military officers and such sen­ ple Creek, and I will guarantee him to-night that not a single alien sational stuff. He is not pleading in the interest of jumpers. I ever located a claim at Criople Creek, and no alien would be per­ want to can attention to these pleadings. The Senator from North mitted to locate a claim in -that mining camp. No Chinaman can Dakota [.Mr. HANSBROUGH] presented an affidavit here of a man locate a claim there and maintain himself. There is something by the name of Hubbard, of the legal firm of Hubbard, Beeman & in the imperial power of regulated public opinion which sometimes Hume. He is one of the men who made up these pleadings. I tmnscends the judgment of comt and the written law it~elf. . But out in this icebound country of Alaska that splendid pubhc read from the affidavit made by him: DISTRICT OF COLUMBIA, City of Wa~hington, ss: opinion has not yet crystallized ~nto such form as to ma~e _it effect­ Oliver-P. Hubbard, being duly sworn, on oath says that he is a citizen of ive. We, therefore, must put mto the hands of our citizens the the United States, an attorney at law, engaged in the practice of bis pro­ right to question the Chinaman and the Japanese and the Laplander fession at Nome City, in the Cape Nome mining district, district of Alaska, United States of America; that he first went to Alaska in the spring of 1898; who seeks to deprive them of their birthright, the right to explore that be is a member of the law firm of Hubbard, Beeman & Hume, of Nome and locate claims on the public domain of the United States. City, Alaska; that the members of the firm are Edwin R. Beeman, formerly I am for the American miner, Mr. President, whether he be a a practicing attorney of Minneapolis, Minn., and William I. Hume, formerly citizen or a person who has declared his intention to become such. a practicing attorney at Portland, Oreg., and this affi.ant, formerly a prac­ ticing att orney at Chicago, Ill. As between these two classes and all the world I believe our duty Affiant says that the firm of Hubbard, Beeman & Hume are attorneys in iB plain. We have nothing to give away to those people who think a number of mining suits now pending in the Unite d St at es district court for not enough of us or our institutions to declare their intentions to the district of Alaska; that among others are suits brought to r ecover the possession of certain mining claims alleged to h ave bflen staked by alien become citizens and to support the Government in the hour of its Laplanders; that these claims were located by American citizens in the peril. months of November and December, 1898; that an of the all e~e d Laplan der Not long ago the people of this country were given a lesson as and alien locations were located by American miner:i in t he rail of 1898 and the winter of 1898 and 1899; that among the miners who made such locations to these vampires who come into and attempt to draw sustenance were Louis Melsing and John W aterson; that these two miners located claims from the body of our people and the productiveness of the coun­ on Anvil Creek, in said Cape Nome mining district, which, it is alleged, were try. Along in the dark days of the war, both North and South, theretofore located by Laplanders; that, on or about the month of 1\Iarch, 1899, Melsing and Waterson w ere arrested at Chenik, a point on Golvin Bay, we found these fellows sneaking out, claiming that they were and carried to St. Michael under arrest, the arrest having been made by the British subjects, or subje~ts. of Russia, or .some othe~· country. military aut hority, the t r oops being under command of Lieutenant Spauld­ After coming up and enJoymg the splendid prospenty of the ing, who was acting under instruction from Capt. E. S. Walker, in command country until the day of trial came, they left us then to our fate, at Fort Get, etc. and took their goods away. Those are the men who located. Their affidavits wiJI show t.bat The man who will not declare his intention to become a citizen Mr. Lane bought some of these locations, and it was sought by 1900. CONGRESSIONAL RECORD-SENATE. 4421 lawsuits to take l\fr. Lane's title, which was perfect. He had this so-called relation or narrative or petition-there are but two a right to buy them. Everybody understands that. A large who sign it-indict too many people, Mr. President. They charge amount of money had been expended, and the people who are rep­ upon one captain in the Regular Army a course of procedure resented here by Mr. Hubbard merely had their claims recorded. which, if true, would put him not only out of the Army, but They have expended no money upon them; they discovered no beyond the pale of decent association. They charge not simply mines. They could wait until after mines were worth millions of that officer with fraud and oppression, but they charge another dollars, then have their pick of them, lie about mining camps, officer of the Regular Army with conspiracy and participation in pick out the good claims, and try to find defects in the titles. They the outrages which they recite. belong to n. breed of jumpers who have infested every mining That officer is a son of the Assistant Secretary of the Treasury, camp for the last fifty years. They would not relocate a poor Mr. Spaulding, of Michigan. I met him once. He looked like a claim. The Laplander, or whoever it was who found it, devel­ gentleman and a soldier; and I have been told during this sBssion oped it and proved it to be valuable, and then they could record of Congress and before this question arose in the Senate that he is a notice; and their attorney comes here and claims that original a gentleman, as most officers of our Army are gentlemen. It will locators were not American citizens. not do to ask the Senate to pass a condemnatory judgment on offi­ Every one of them had attempted to declare his intention to be­ cers of the Army upon any such statement as this. These officern, come an American citizen, and this proceeding is to take advan­ however, can be investigated. I am in favor of an investigation; tage of the defect in the declaration of the Laplander, who went and if they have violated the law, if they have oppressed men in before the commissioner in good faith and supposed he had com­ .Alaska, they will be punished for it. That, however, has nothing plied with the requirements of the law. That Laplander, even if to do with the question whether the Senate should adopt the be bad not declared his intention to become a citizen, under the amendment proposed by the Senator from North Dakota [Mr. decisions of the Supreme Court of the United States could now HANSBROUGHj, or the amendment, almost equally vicious, in my declare his intention and it would relate back. It is the law that judgment, proposed now as a substitute for it by the Senator from an alien shall not be disturbed of his bona fide possession of real Montana. estate until office-found. That is not only national Jaw but it is They charge also in that memorial, or relation, a large number international law. Courts will not allow an alien to be robbed of of locations by fraud and through forgery. Mr. President, that bis property. It is the universal law, as laid down by the Su­ statement may be true or it may be false. I think the Senator preme Court and decided over and over again, that after suit is from Montana will agree with me that, if it be false, the remedy brought a party may declare his intention to become a citizen and of the men who suffer from it is not to be sought in retroactive the suit will abate. That was before the act of 1897, passed for legislation by Congress, but can be found easily under the pro­ Alaska, which in so many words declared that an ahen might visions of this bill in the courts to be established in that Territory. locate mining claims having title in that way. This bill provides for several courts in that Territory-not justices' Now it is proposed that if suit is brought, the question shall be courts, not courts held by commissioners, but courts held by judges presented to the com·t whether the original locator had a right to appointed by the President and confirmed by the Senate, with all locate. That question can not now be raised. It ought not to be the jurisdiction requisite to enable them to make proper investiga­ raised, and his citizenship ought not to be put in issue. tion, all of the parties being in court, and to render appropriate You can hardly imagine how far this will go. There are thou­ judgment, with the right of appeal to the losing party. I suppose sands of claims in Alaska. Undoubtedly aliens have located and the Senator from Montana will agree with me that if citizens of sold their claims, and there are thousands of lawsuits that could the United States attempt to locate claims fraudulently upon min­ be readily manufactured as to such cases. When a suit is brought eral lands, the parties litigating the validity of those claims have a witness will come forward who will swear that he knew the a right in any court to attack the validity upon that ground. man in Italy, and that he was an Italian; or he knew him in Ger­ This question of the right of the individual to challenge the many, and he was a German; or he knew him somewhere else. validity of location and title does not go at all to the question Such a course would open all the titles in Alaska. The courts pending before the Senate. We give them courts; they are open have never allowed 1mch a thing to be done in all history, and no to them, and if forged location papers have been made up there civilized country has ever allowed such a rule to prevail with re· they will be set aside; if locations fraudulent in any way have gard to real estate. When the Government bas sold the property been made they will be set aside, because fraudulent locations of an alien the proceeds are awarded to the alien. The courts made by American citizens are not protected by the law anymore never disturb an alien in his property in any civilized country than would be fraudulent locations made by aliens, if they are without returning him the proceeds or giving him an opportunity permitted by the law. It is not necessaryin order to protect men to sell. in Alaska against forged powers of attorney, against fraudulent Such harsh laws are against the spirit of the age; they are in mining locations, that the Congress of the United States should direct conflict with the laws of the United States and the decisions change the law, and make it retroactive in a way not only to give of the Supreme Court of the United States. If the policy now undue advantage to litigants in such cases, but to deprive honest proposed should prevail in this case, it may be that a few hundred men, who have acted in good faith, of rights which ought to be thousand dollars will be taken from those who have honestly protected. So that has nothing to do with the question before the bought the claims and are now working them. 8enate. I say the law should protect the men who discover claims. The Nor was it necessary, although in its language it was eloquent, gang who go around and file on them and record them are apes­ for the Senator to defend so warmly the motive of the Senator tiferous gang. They are not regarded in any community as good from North Dakota in proposing his amendment. I have heard citizens, never have been, and never will be. The language of no impeachment of his motive. It certainly never has entered my the Senator from Colorado rMr. TELLER] was not strong enough mind to doubt for a moment that he acted in perfect good faith. in regard to that class of men. The community frowns on them; In what I have bad to say and shall have to say against the amend­ they are regarded as the worst of men. They go about and pick ment, I direct myself entirely to the merits of the proposition flaws in titles, make locations, and get up pestiferous litigation. which he presents here, without in any way whatever suggesting This is what Mr. Hubbard is here doing; and this roundabout or dreaming of any want of good faith upon his part in offering it, story of the military officers and all that is gotten up by a man Mr. President, the Senator from Montana says he is for the who is a relater and who makes his statement on information and American miner. He wishes to confine the power of location of belief. Who he is and what his responsibility is nobody knows. mining claims to the American miner. That is a question of He does not state one word on his own knowledge. He states policy. It is a question certainly open to debate. It is a · very simply that he was there; that these claims were recorded, worked large question, and the mere jingling of words about citizenship on, relocated, and records made. 8uch men, who never do any does not solve it or help to solve it. All American miners are not work upon the claims, now come here and ask Congress to change digging for gold in American territory by any means. Thousands the law and to give them rights to which they are not entitled. I of them have gone into Canada, into British Columbia; thousands say we should not take the property of these men away from them. of them are mining now in British Columbia, permitted thern to Mr. • SPOONER. Mr. President, the Senator from Montana mine as freely, and under the same conditions, as I understand, [Mr. CARTER] made, as is bis wont, a very eloquent speech. It as the subjects of Great Britain are permitted to mine there; and sounded well in the Senate, and it will read well in Montana and it is a question, I think, which the Senate ought to consider­ in the Western country. But I hope the Senator will not think Canada being divided from us only by an imaginary line, thou­ me wanting in due deference to him if I say that the greater por­ s~nds of our people having sought the gold fields there, and being tion of that speech has little, if anything, to do, in my judgment, permitted freely the same rights under their mining laws as are with the question before the Senate. permitted to British subjects-whether we should enact now a law If any officer of the United States Army has perpetrated an excluding all miners, including subjects of the British Empire outrage upon the miners in Alaska or elsewhere, I agree with resident in Canada, from locating and holding mining claims in the Senator from Montana that he should be dismissed the serv­ the United States. ice. I am not ready, however-and I take it the Senate is not­ Millions upon millions of dollars have been invested by Ameri­ to pass judgment of condemnation upon any officer of the United cans in Canadian mines; which are being worked by them now. States Azmy without giving him a hearing. The men who sign Senators ought not to forget that we can not expect the Dominion 4422 CONGRESSIONAL RECORD-SENATE. APRIL 19, parliament or the governing body of any country to treat Ameri­ domain, what business has it in a bill providing a civil code for cans with any greater liberality in respect to mining than we Alaska? treat their subjects. We invite, by such a proposition as this, Mr. CARTER. It meets the Senator's objection. retaliation. It is hardly to be supposed for a moment, if we re­ Mr. SPOONER. If a proposition revolutionizfog the law of the fuse permission by an act of Congress to Canadians to come into United States, well considered, well safeguarded, liberal, and just, our territory and mjne for gold, that they will leave open the is to be enacted, why not bring it in here as an independent bill door for American miners to go into Canada, into British Colum~ and let it be discussed upon its merits, freed from the environment bia, and mine for gold. It is too much to expect. The American which seems to surround the proposition which we consider here miners interested in Canada are entitled to some protection, and as an amendment to the Alaska bill? It has no business here, and I think there is danger that the Senator's proposition, if enacted no reason has been given why Congress should enact a rnle upon into law, may very greatly injure American miners who are at this subject peculiar to Alaska or why Congress in the Alaska work beyond our border. At any rate, it is worth considering. civil code should enact a change in the mining law applicable We might limit this right, if we chose to do it, to the Cana­ throughout all the Territories of the United States. I do not° un­ dians; we might exclude the subjects of othe1· governments if we derstand this attempt to legislate for all the Territories of the chose: but tbe proposition made by the Senator from Mont-ana is country in this civil code of Alaska. at least worthy of consideration and worthy of some question in That is not all there is to it. The act of 1897 proyides that the minds of Senators. where the Attorney-General biings escheat proceedings challeng­ But. Mr. President, what is this proposition? It is a proposition mg the right of an alien to hold land-mining or agricultural which, if I read it aright, is abhorrent to every fair~minded man lands-as I said, he may perfect his title; he may qualify himself and one not called for by anything in the situation so far as I have to hold, pending the suit, by declaring his intention to become a listened to the debate upon this bill. It is a proposition to enact citizen of the United States. But that is not all. The act of 1897 retroactive legislation, which will affect the rights of men far provides that if he failed to declare his intention to become a citi· away and unheard in this tribunal. Civilized legislatures are not zen of the United States; if he preferred to maintain his allegiance in the habit of enacting such legislation. to the Queen of Great Britain, if you please; if he was not willing The Senator from .Montana says that his amendment takes away to part with that allegiance in order to continue to hold the min· no right in any miner which now exists. I think the Senator is ing claim, it could be sold at public auction, not turned over to mistaken. I think his amendment does declare a new rule and some jumper, not turned over to some adverse locator, but it does affect rights which it seems to me do exist. It provides- should be sold at public sale and the proceeds of that sale, after That nothing in this act contained shall be construed as changing the ex­ deducting the expenses, should be paid over to the alien. isting mining laws of the United States- So, if he had discovered a mine, and if he had invested his money ! care nothing for that. I do not criticise that­ in it, if he had expended his labor upon it, if be had developed it but in any suit, action, or proceeding herea.fter commenced- so that it was of value, it should not be taken away from liim at the suit of the Government of the United States simply upon the The Senator from Nevada [Mr. STEWA.RT] read an affidavit or ground of alienage. but that if he were not willing to change his alle­ stat.ementshomngthatanumberofsuitsarenowpendingin which, giance, he should cease to hold it; it should be sold under a judg­ under the law as it now stands, the complainant or the plaintiff, ment of escheat, and the money should go to him less the expenses. wliatever the designation may be, is not permitted to challenge the That is repealed by this proposed amendment, artistically drawn title of a defendant upon the ground of alienage, that right under and simple apparently; and I know the Senator is perfectly sin­ the decisions of the Supreme Court, and that i·ight under the act cere in his proposition about it. of 1897, belonging solely to the Government. It was the common law of England. No one but the King had the right to challenge There is another thing about this amendment. It says: Hnd declared his intention to become a citizen of the United States at the the alien's right or power to hold land. How easy it would be, time the location was made. changing the rule which now exists under the decisions of the That either means this or it means nothing: If, in the case it Supreme Court and which now exist under the statute, even as to shall be determined that he has not declared his intention to be­ the controversies now pending, to withdraw those suits and bring comtj a citizen of the United States before he made the location, them again, in which event they would be ''hereafter commenced;" his location is void, taking away from him, as I have said before, and we would in effect have enacted legislation, without looking this right to declare his intention subsequently and qualify him­ into the merits of the pending causes, changing the rule of law as self to hold the land. to pending cases, and perhaps, Mr. President, depriving men of Mr. NELSON. Will the Senator from Wisconsin allow me to rights which it certainly was not the purpose of Congress to de­ call his attention to the fact that while the amendment purports prive them of. to relate to suits commenced in the future, those suits may involve Nor is that all there is in the Senator·s amendment. The Sena­ any location? tor's amendment. as I understand it, takes away rights, if it be Mr. SPOONER. I was a.bout to speak of that. It i·efers to possible for Congress to do it, which now exist in more respects suits hereafter commenced. I have already called attention to the than one- fact that the suits now pending may be dismissed and hereafter in any suit, action, or proceeding hereafter commenced involving the va­ commenced even in another form, and in that way entirely evade lidity of an unpatented mining location on thepublicdomain.anyparty alleg­ in~ an interest in the subject-matter.may put the competency of th~ l_ocator that part of the Senator's amendment. in L'3sue, and the court sha.11. determme whether the locator was a citizen or Why should it apply to suits hereafter commenced to test the had declared his intention to become a citizen of the United States at the validity on this ground of locations made before the passage of time the location was mo.de. the act? As I understand the law now, the alien ownership can only be Mr. CARTER. Will the Senator from Wisconsin permit me? challenged by the Government. That, I believe, is admitted by Mr. SPOONER. Certainly. the Senator from Montana. That is repealed by this proposed Mr. CARTER. The first proposition, the one made by him just amendment. As I understand the law now, and I think I can not p1·ior to his last, is strictly correct. The language was intended be mistaken about it, if the Government in a suit to escheat upon to provide without quibble or question that a locator must, as a the ground of a1ienage brings the claimant into court and it shall prerequisite to his right to locate a mining claim on the public appear that the locator of the claim or the owner of the claim is domain of the United States, declare his intention to become a an alien. there is not, of course, judgment of escheat. but the stat· citizen, if an alien at the time, to give him a legal qualification ute provides that the alien may declare his intention to become a to act. citizen of the Uni.ted States pendente lite; and if he shall declare With reference to the last proposition presented by the Senator his intention to become a citizen, it relates back and validates his relative to suits, unquestionably in suits hereafter commenced, claim and gives him an express statutory right to perfect his title locations heretofore made could be assai.led under that amend­ even to patent. I think that is taken away by the Senator's ment; but it must be borne in mind that two legal propositions amendment. I think it would be regarded as a repeal of that exist. First, that the Government can now question the right. part of the act of 1897 which confers this right upon the alien We extend the right to raise the question of citizenship. Second, owner of mining lands or of other lands in the Territories of the that an alien locator can not, after another right has intervened, United States. cure his location by declaration of intention. If this be a good rule to adopt, I ask the Senator from :Montana :Mr. SPOONER. If the act of 1897 ought to be repealed; if the why does he limit it to Alaska? Why is it proposed to leave the decision of the Supreme Court of the United States in the Wulff common-law rule declared by the Supreme Court of the United case ought to be overridden by statute-- States and crystallized into the act of 1897 as to the alien owner­ Mr. CARTER. I will call the Senator's attention, if he will ship of land in force in all the Territories of the United States permit-I am thoroughly familiar with the Wulff case-to the except Alaska? fact that the Wulff case did not touch a location at all. In that Mr. CARTER. I call the Senator's attention to the fact that case the locator was an American citizen. He conveyed his title the amendment is applicable to the public domain, whether in to an alien; so that the location was properly made and initiated Alaska or elsewhere. a title. The Supreme Court held that the fact of conveying to an Mr. SPOONER. If the amendment is applicable to the public alien wonld not be equivalent to an abandonment of the land, 1900,, CONGRESSIONAL RECORD-SENATE. 4423

but in that case the grantee, admitted to be an alien, a.t the time the rights referred to in that regard just as if the act had not been of th9 trial in open court declared his intention to become a citi­ passed. zen, and the court held that he had a right to do so if no interven­ Mr. SPOONER. I do not so understand the la,w. In the first ing right had occurred. place it is an amendment of another act. In the next place it ex­ Mr. SPOONER. That does not change the situation at all. pressly says that an alien who shall become a bona fide resident Does the Senator claim that to-day anyone other than the United may acquire and hold land under this act, and then it provides; States can challenge the validity of a location upon the ground of This act shall not be construed to prevent any persons not citizens of the alien age? United States from acquiring or holding * * * any mine orminingclaim Mr. CARTER. I think to-day it is a question whether it can in any of the Territories of the United States. be done by a citizen. The Wulff case did not clearly decide that And then it says: point. It did decide that the conveyance to an alien was not an SEC. S. That au acts and parts of acts so far as they conflict with the pro­ abandomnent. visioll3 of this act are hereby repealed. Mr. SPOONER. That I understand; but I understood the It is either what it seems to be or it is a trap for the unwary. Senator to admit that in the pi-esent state of the law no one but No man could read it without treating it as an invitation, so far the United titates can challenge the validity of a location or an as mining claims were concerned, so far as town lots and city lots alien's right to hold land except the Government. If that were were concerned, to aliens to acquire and hold them if they ch-0se. not true, this amendment authorizing anybody to challenge it ~fr. RAWLINS. If the Senator will permit one other inter­ would be a work of supererogation. That is ti-ue. ruption, the general mining law throws open the mineral lands of Now, what I complain of in connection with this amendment is the United States to exploration and location only to citizens of this: If that ought to be the rule. if the decision of the Supreme the United States, or those who have declared their intention to Court ought to he overridden, if the act of 1897 ought in that par­ become such. That is a privilege limited to that class. Subse­ ticular to be repealed, let it be prospective and not retroactive. quently Congress deals with the rights generally of locating or ac­ It is not fair where men, on the faith of that decision and on the quiring and holding, and it says in respect to that act that noth­ faith of the invitation given by the act of 1897, have gone into ing in it shall be so construed as to prevent the acquiring and the frozen regions of Alaska and located claims, faced dangers, holding of mining claims by certain classes of persons. It seems and endured hardships, to repeal the law in that respect and take to me very clear that there is nothing in this latter act which is away from them the right they now have under the act of 1897 to inconsistent with the limitation to the right of exploration. I un­ save their claim and their labor and their money by declaring derstand the rule to be that this limitation in the general mining their allegiance to the United States. And yet that is what this law is a condition precedent to the right to acquire.any interest amendment proposes to do. Make it prospective. Everyone is in mineral lands by original location. bound then to take notice of it, and no man can be misled. He Mr. SPOONER. Wben the alien land law was first uassed, it was may be mistaken, but he must take his chances on that. He can passed sufficiently broad in terms to exclude aliens aftogether, and not be wr~nged. He will not have a frand and an outrage perpe­ ourfriends from the mining States did not like that. They thought trated npon him by the Congress of the United States cert.ainly. aliens ought not to be excluded. They wished aliens to be per­ The Senator read decisions as to the right of any alien to locate mitted to purchase, to bring their money here, to invest it here, mining claims and to hold mining claims. I am not a mining to buy locations, to develop mines, to furnish work for men who lawyer, but I cali the attention of the Senate again to the act of wanted work, to increase the wealth of the country; and it was on 18i17, which is very clear: their request, as I understand it to be historically true, that the That no alien or person who is not a citizen of the United States, or who has not declared his intention to become a. citizen of the Unitf:'d States in the alien land law was amended so as to p1·ovide that alien bona fide manner -µrovide.d py law shaH acquire title to or own any land in any of the residents might hold lands and that they might acquire and hold 'l'erritor1es of the United States except as hereinafter provided. mines. It is "he1·einafter provided" as follows: !tfr. RAWLINS. If the Senator will permit me in that line, the That this a.ct shall not a.pp!y to land now owned in any of the Territories original mining act was in the nature of a bounty, of course based of the United States by aliens, which was acquired on or before March 3, 1887, upon the diligence and industry of citizens of the United States in so long as it is held by the then owners, their heirs or legal representatives, making discoveries of valuable mines. It was a bounty to the nor to any alien who shall become- · peTsons named in that act-to citizens or those who had declared Not who shall become a citizen of the United States, but who their intention to become citizens. The United States adopted a ah.all become- policy different from that which had been pursued by other coun­ 11 bona fide resident of the United States. tries, which usually reserved tbe mineral lands for the use of the This is affirmative: Government itself. The United States gave it to the citizens upon And any alien who shall become a bona fide resident of the United States, these conditions. They did not intend that bounty for aliens, but or shall have declared bis intention to become a citizen of the United States after a iocation had been made by a person as described, a citizen in the manner provided by law, shall have the right to acquil'e and hold of the United States or a person who haddeclared his intention to lands in either of the Territories of the United States upon the same terms become such, then this subsequent act authorized him to dispose as citizens of the United States. of it for a consideration to an alien, and did not debar aliens from But that is not all. There is something more "hereinafter pro­ buyin~ and paying for it. vided." Here it is: Mr. SPOONER. That is the Senator's opinion about the lan­ This act shall not be construed to preT"ent any persons not citizens of the guage of this act; that is all; and I concede, of course, that his United States from acquiring or holding lots or parcels of lands in any incor­ porated or platted city. town, or village, or in any mine or mining claim, in opinion is entitled to deference. It is not the way I read the act. any of the Territories of the United States. I think the word "acquiring" is a generic word, used in the Could anythlng be plainer than that? generic sense. The alien land law was aimed at holding; and Mr. RAWLINS. Will the Senator permit a question? they said that this act shall not be construed to prevent any per­ Mr. SPOONER. Yes, sir. sons not citizens from acquiring and holding. Mr. RAWLINS. That language is that nothing in that act That any alien who shall hereafter hold lands in any of the Territories of shall be so construed as to prevent the persons indicated from the United States in contravention of the provisions of this act- holding mining claims. It does not say that nothing in other Even in violation of it- acts shall be s.o construed, does it? ma.y nevertheless convey his title thereto at any time before the institution Mr. SPOONER. No; it does not. of escheat proceedings as hereinafter provided. Mr. RAWLINS. If by other acts it is forbidden, then that But, if the Senator is right, what follows? These locations are would not give the rjght, would it? void. There is no proposition here in the interest of the men who Mr. SPOONER. Nothing of the kind intimated by.the Senator made them to validate them, but there is a propositjon here to from Utah is said in this act; and if anything of the kind was said invalidate them. in this act, it would, in my judgment, be an instance of unusual The proposition I made the other day, and I make it again, is Congressional stupidity. If there was an act prior to the passage that whatever the rjghts of these men are, they should be settled of this act of 1807 declaring that no alien should hold a minjng in the courts of the country under the law as it stood when tbose claim in the United States, and Congress provides in a later rights were acquired, and that Congress should enact, upon the act- demand of no one law and order leag1i.e or whatever else the asso­ Th is act shall not be construed to prevent any persons not citizens of the ciation may be called, a retroactivelaw changing their rights, if it United States from acquiring or holding * * * any mine or mining claim be possible for Congress to do it. in any of the Territories of the United t;tates. Then I think, after putting upon the statnte book such languaO'e Tha-t ought to be enough. lt either means something or it as this, whatever we may choose to do as to the future, we ought, means nothing. during its existence as a statute, to deal generously and fairly Mr. RAWLINS. I submit this to the Senator: That phrase with the men who read it as authorizing them to locate and hold only imports, in every case in which it is nsed, that it is thereby mining claims. It is almost no:::isense to say that it was intended n<>t intended by the proposed special act nnder consideration to by this act that an alien could buy a mining claim of the Senator affect the general law as it then exists, and that clause would leave from Nevada, put hundreds of thousands of dollars in its devel· 4424 CONGRESSIONAL RECORD-SENATE. APHIL 19, opment, own it, manage it, take the gold from it, and when his 2,000,000. The Senator from Minnesota [Mr. NELSON] can give right was challenged, and it could only be challenged by the us the statistics. United States, he could do one of two things: He could save it to Mr. NELSON. There are about a million and a half. himself, as its owner, by declaring his intention to become a citi­ Mr. TILLMAN. I knew there were over a million. They in­ zen, or, if he chose not to declare his intention, he could save it, habit a similar teriitory to this very region of which we are now so far as its value was concerned, by receiving the money it brought speaking, and as some pioneers have been brought over here by at a sale on judgment of escheat. our Government for a different purpose and they have gone in Now, why change the law as to past transactions? Congress there, if we· start out to treat those people as outlaws and out­ never intended, I think, to make those safeguards, to authorize an casts; in other words, if we undertake to change our laws now in alien to acquire mining claims, to hold mining claims, and when regard to mines for the benefit of the jumpers of mining claims called on by proceedings of escheat to qualify himself to become and blackmailers the Senator from Colorado fMr. TELLER) spoke an owner even to patent, by declaring his intention, or to take the of yesterday, we at once throw a damper on tbe willingness of value of it out of the registry of the court when sold, and yet not that people to come into our country and add to our citizenship. permit him to locate it. Mr. HOAR. If the Senator will pardon me, I do not wish to It was the policy of Congress to invite aliens to invest in mines, inte1Tupt him, but in that connection I happen to know through or that section would not have been put upon our books. We some English friends that there is a very great effort being made ought to keep the pledge and we ought to keep it fairly and gen­ by- erously, whatever we may choose to do as to the future. If it is Mr. TILLMAN. England. thought wise by Congress to provide that no alien hereafter shall Mr. HOAR. By humane societies in England to get this emi­ acquire or hold a mining claim, well and good. That is one thing; gration to Canada. this is another. Mr. TILLMAN. Undoubtedly. It is as desirable a class of That is not all there is to it. Of course this is general in its emigrants as have ever come to this country. They are a very application. It puts a cloud upon the title to mining claims by high type of the Caucasian race. They are a kindly, industrious, the thousand all over Alaska. It is not directed simply to these religious people, worthy of our respect and admiration, and I claims located by Laplanders, most of whom declared their in­ think we ought to be very careful about any action here which tention to become citizens. and all of whom tried to, and who would in any degree cause a damper or a sense of distrust to arise obtained certificates from the court commisRioner, who thought in the minds of those few already here, who might send back he had the right to issue them, and who paid for the certificates, word as to the advantages of this new country, and thereby we and supposed they had declared lawfully their intention to be­ might indirectly do a great injury to the development of Alaska. come citizens of the United States. But it applies to other por­ Mr. BATE. Mr. President-- tions of Alaska. I am told that there are thousands of claims in Mr. STEWART. Does the Senator desire to go on this evening? Alaska outside of the Cape Nome region worth from fifteen to Mr. BATE. I do not. twenty million dollars, which have been owned and worked some Mr. TILLMAN. I should like to have an executive session. fifteen years or more, the owners of which could not possibly Mr. STEWART. I move that the Senate proceed to the con- prove that the original locator had declared his intention to be­ sideration of executive business. come a citizen of the United States. As it stands now they can The motion was agreed to. not be divested; they can not be deprived. With this amendment adopted, I think they could be; at least it would put a cloud upon WORCESTER, MASS., A PORT OF DELIVERY, the title and interfere greatly with the mineral development of Mr. HOAR. I desire to ask the Senate before going into exec­ that region. utive session to place on its passage a ~ill which will take but a Neither is this a controversy simply between Laplanders and moment. It is Senate bill 32~(;. aliens and American citizens. A great many of these alien The PRESIDENT pro tempore. The Senator from Massachu­ locators have assigned for value their locations. There are citi­ setts asks unanimous consent for the consideration of a bill. zens in my own State, and that is what called my attention to this Mr. HOAR. It is a bill recommended by the Secretary of the subject, who purchased those claims, purchased them in good Treasury and recommended by the Committee on Commerce. It faith; some of them haT"e improved them, and they will be de­ provides for a port of delivery in the city where I live. prived, under this legislation, of the ownership of those claims. Mr. COCKRELL. We can not transact legislative business And the legislation is retroactive. l think we ought to leave the after the Senate has gone into executive session. law as it is, and leave these people to assert their rights as they The PRESIDENT pro tempore. Is there objection to the pres­ are under existing laws, so far as past transactions are concerned. ent consideration of the bill? If the Senator from Montana and other Senators here think we Mr. COCKRELL. I ask if we can under the rule of the Senate ought to change the rule as to alien ownership, change the rule transact business while the doors are being closed? as to the rjght to challenge the validity of alien titles, let us do it, Mr. HOAR. If the Senator will pardon me, my attention was but let us do it making it prospective in its operation and not diverted one moment. I intended to bring the bill up. It is a retroactive. That is all I wish to say. matter about which there can be no possible question. It is to Mr. TILLMAN. Mr. President, I wish briefly to call attention make the city of Worcester, where I myself reside, a city of over to one phase of the subject which has interested me in connection a hundred thousand inhabitants, a port of delivery. It is recom.. with immigration for permanent inhabitants of Alaska. We are mended by the collector of the port of Boston, in whose jurisdic­ only coming to know and to realize what a valuable addition to tion it will come, by the Secretary of the Treasury, and by the our t.erritory the purchase of that region is, and we also know Committee on Commerce; and I should like, for some reasons of that it is so far to the north and so far out of touch with any civ­ personal convenience, to get the measure through to-day if I can. ilization which we have that it is altogether improbable that Mr. COCKRELL. Is the Senate in executive session? there will be any permanent settlers there in the way of develop­ The PRESIDENT pro tempore. It has not been announced that ment from among our own citizens; that after this harvest of the doors shall be closed. . · · gold has been reaped it will be returned to the solitude of the Mr. COCKRELL. Nothing can be done, in my judgment, when northern winter. the same as it has always been. the order is made except to close the doors and until after it has But the experiment with the reindeer and the introduction into been announced that the Senate is in executive session. that Territory of these Laplanders and Finns has opened up a new Mr. HOAR. That has not been announced. • phase to my mind which has some bearing on this question, and Mr. TELLER. It can not be done before. that is that with the present treatment of the Finns by Russia, Mr. COCKRELL. By unanimous consent, after the Senate is the outrageous tyranny (I say outrageous because I feel thatthere in executive session, we can consider the bill as in legislative ses­ has been no action of any government within my knowledge deal­ sion, but we can not transact business, under the rules of the Senate, ing with its own subjects that is more tyrannical and outrageous while the doors are being closed. than the treatment of the Finns by the Russian Government), Mr. TELLER. I think the Senator is right. there are large numbers of those people who are emigrating, and Mr. COCKRELL. I know I am right; I am going to protest there is a threat and a very great probability that possibly half or against taking up a bill while the doors are being closed. two-thirds of those people will expatriate themselves rather than Mr. HOAR. Very well. submit to the abominable Government and the loss of their lib­ Mr. COCKRELL. Now let the bill be taken up and passed in erties and their old institutions, and even their being robbed of executive session as in legislative session. the right to teach their children their own language. If those Mr. HOAR. I ask unanimous consent that as in legislative ses· people choose to cross the ocean and come to this country, it is sion this bill may be considered. more than likely that they will drift into a similar latitude where The PRESIDENT pro tempore. The bill will be read for the they will have, as we all know, the kind of climate to which they information of the Senate. : are accustomed. The Secretary read the bill (S. 3296) to provide for the estab­ Mr. HOAR. Has the Senator any information as to the num­ lishment of a port of delivery at Worcester, Mass.; tmd, by unani­ ber of that people? mous consent, the Senate, as in Committee of the Whole, proceeded Mr. TILLMAN. There are over a million of them, possibly to its consideration. 1900. CONGRESSIONAL RECORD-SENATE. 4425

The bill was reported from the Committee on Commerce with of Berkshire and State of Massachusetts, in the place of A. E. an amendment, in line 5, after the word "that," to strike out: Chamberlin, whose commission expired April 6, 1900. There shall b e appointed at said port a surveyor of customs with a salary Willis M. Wellington, to be postmaster at Oxford, in the county of not exceeding $1 ,800 per annum, to be determined by the Secretary of the of Worcester and State of Massachusetts, the appointment of a Treasury, for the payment of which compen5ation an appropriation is hereby postmaster for the said office having, by law, become vested in made out of any money in the ~·easury not otherwise appropriated. the President on and after April 1, 1900. And to insert: Milton W. Newkirk, to be postmaster at Centrnl Lake, in the The privileges of the seventh section of the act approved June 10, 1880, county of Antrim and State of Michigan, the appointment of a governing the immediate transportation of dutiable merchandise without postmaster for the said office having, by law, become vested in the appraisement be, and they are hereby, extended to that port. Presi dent on and after April 1, 1900. So as to make the bill reaHamilton and State of Ohio, the appointment of a post­ Huston, whose commission expired January 9, 1900. master for the said office having, by law, become vested in the Orick H. Kelley, to be postmaster at North Plymouth, in the President on and after April 1, 1900. county of Plymouth and State of Massachusetts, the appointment John W. Rice, to be postmaster at Weatherford, in the county of a postmaster for the said office having, by law, become vested of Custer and Territory of Oklahoma, the appointment of a post­ in the President on and after Aprill, 1900. · master for the said office having. by law, become vested in the Caleb D. Kinner, to be postmaster at Merrick, in the county of President on and after April 1, 1900. Hampden and State of Massachusetts, the appointment of a post­ John·H. Brubaker, to be postmaster at Elizabethtown, in the master for the said office having, by law, become vested in the county of Lancaster and State of Pennsylvania, in the place of President on and after April 1, 1900. J. G. Hoffman, whose commission expired February 2-1, 1900. Frank E. Nichols, to be postmaster at Warren, in the county of James E. Rupert, to be postmaster at ConneaL1tville, in the Worcester and State of Massachusetts, in the place of Frank E. county of Crawford and State of Pennsylvania, in the place of Nichols, whose commission expired May 2, 1898. (Reappointed.) E. C. McKay, whose commission expired April 2, 1900. Frederic Robbins, to be postmaster at Watertown, in the county Samuel A. Smith, to be postmaster at Indiana, in the county of of Middlesex and State of Massachusetts, in the place of M. J. Indiana and State of Pennsylvania, in the place of Franklin San­ Green, whose commission expired March 9, 1900. som, whose commission expires April 25. 1900. Edwin Smith, to be postmaster at Mittineague, in the county of HuldaJ. Fessenden, to bepostmasteratSaylesville, in the county Hampden and State of Massachusetts, in the place of E. H. Gates, of Providence and State of Rhode Island, the appointment of a whose commission expired March 25, 1900. postmaster for the said office having, by law, become vested in the Martin E. Stockbridge, to be postmaster at Dalton, in the county President on and after April 1, 1900. 4426 CONGRESSIONAL RECORD-HOUSE. APRIL 19,

Joseph Kubler, to be postmasteratCustf'r, in the county of Cus­ Mr. CANNON. I would prefer its consideration now, because ter and State of South Dakota, in the place of W. G. Cubberly, it may take some little time to dispose of the other item under resigned. consideration last evening. Senorita V. Alexander, to be postmaster at Elizabethton, in the The CHAIRMAN. The committee will then rec nr to the para­ county of Carter and State of Tennessee, tha appointment of a graph beginning at the top of page 16, "For ocean and Jake sur­ postmaster for tbe said office having, bylaw, become vested in the veys;" and if there is no objection, the Clerk had better read the President on and after April 1, 1900. · paragraph again. Prince A~ Hazzard, to be postmaster at Colorado, in the.county The Clerk proceeded to read the paragraph beginning at page 16. of Mitchell and State of Texas, in the place of Lou Hazzard, re­ Mr. UNDE.RWOOD. Mr. Chairman, before entering upon signed. that paragraph-- William E. Homme, to be postmaster at Wittenberg, in the The CHAIRMAN. A point of order was re~erved, the Chair connty of Shawano and State of Wisconsin, the appointment of a will state, against the paragraph at the time it was reached in the postmaster for the said office having, by law, become vested in the consideration of the bill. President on and after April 1, 1900. Mr. UNDERWOOD. Beforeproceedingwit.h or entering upon the consideration, I would like to rise to a parliamentary inquiry. CONFIBMATIONS. The CHAIRMAN. The gentleman will state it. Executive nominations confirmed by the Senate April 19, 1900. Mr. UNDERWOOD. When the committee rose last night the COMMISSIONER FOR .ALASKA. Chair had under advjsement a decision as to a point of order raised with regard to appropriations for the Naval School at An­ Hiram H. Folsom, of Alaska, to be a commissioner in and for napolis. the district of Alaska, to reside at Juneau. The CHAIRMAN. The Chair has so stated and is ready to COLLECTOR OF CUSTOMS. make the decision, but thegentleman from Illinois [Afr.CANNON] Robert M:. Wallace, of South Carolina, to be collector of cus­ has suggested that it was agreed, by unanimous consent, that toms in and for. the district of Charleston, in the State of South immediately upon the resumption of the consideration of the bill Carolina. to-day the paragraph beginning at the top of page 16 tShould be considered, as he has stated, for an hour on each side. Under the agreement heretofore made that provision of the bill will now HOUSE OF REPRESENTATIVES.. be before the committee for consideration, by the unanimous consent then arrived at. THURSDAY, .Apri7, 19, 1900. Mr. CANNON. Mr. Chairman, I will yield, out of my time, The House met at 12 o'clock m. Prayer by the Chaplain, Rev. to the gentleman from Massachusetts [Mr. MOODY] twenty min­ HENRY N. CoUDEN, D. D. utes. The J onrnal of the proceedings of yesterday was read and ap~ Mr. FOSS. Before the gentleman proceeds, I wish to suggest proved. that if 1 understand the situation, it is this: CORRECTION OF JOURNAL AND RECORD. The point of order was reserved upon the parag-raph in ques­ Mr. CANNON. Mr. Speaker, I want to ask a correction of the tion. Under that reservation are we to go on and have general Journal as well as of the RECORD. I ask unanimous consent that debate for two hours, one hour on a side? Does the gentleman. both be corrected as indicated in the paper I send to the Clerk's understand that to be the agreement? desk. Mr. CANNON. I understand that we are to goon and havean The SPEAKER. The Clerk will read the request of the gentle­ hour on a side, and then let the matter be disposed of subsequently man from Illinois. under the five-minute rule. The Clerk read as follows: Mr. FOSS. Of course; but I was under theimpre,;sion that the Thatihe Journal and RECORD be corrected so as to show the action yes- gentleman wanted a discussion on the merits of the proposition. terday on Senate aIBendments to H. R. 10449 to have been as follows: Mr. CANNON. That is the merits. Thnt the House agreed to Senate amendments 1, 2, 5, 6, 7, and 8. Mr. FOSS. Of course; but if it should be decided that it is sub­ And agreed, with amendments., to Senate amendments 3 and 4. ject to the point of order, then the discussion for two hours, one The SPEAKER. Without objection. the correction as sug­ hour on a side, would be simply a waste of time. gested by the gentleman from lliinois will be made as indicated. Mr. CANNON. I will state to my friend from Illinois that so There was no objection, and it was so ordered. far as I am concerned, I do not desire to press the point of order, ENROLLED BILLS SIGNED. and I apprehend the gentleman from Massachusetts will not. I Mr. BAKER, from the Committee on Enrolled Bills, reported am quite content, while it is StJbject no doubt to the point of that they had examined and found truly enrolled bills of the fol­ order, to dispose of the matter on the merits. It evidently has to lowing titles; when the Speaker signed the same: be done at some time. H. R. 8466. An act to amend an act entitled '"'An act in relation The CHAIRMAN. The Chair would suggest that the point of to taxes and sales in the District of Columbia;'' and order was reserved; and it was agreed that it should be reserved; H. R. 5485. An act providing that the State of Wyoming be per­ but it can be renewed at this moment by any gentleman who de­ mitted to relinquish to the United States certain lands heretofore sires to do so. selected and to select other lands from the public domain in lieu Mr. FOSS. That is undoubtedly true; but if the gentleman is thereof. willing to withdraw his point of order and have the discussion NA.VAL A.PPROPRI.ATION BILL. straight and fairly upon the merits of the proposition, then well Mr. FOSS. Mr. Speaker, l move that the House resolve itself and good, and so much the better. into Committee of the Whole House on the state of the Union for Mr. CANNON. Well, general debate on this subject, when it the further consideration of the naval appropriation bill. is subject to amendment, is dispensing with the point of order, as The motion was agreed to. I understand it. The House accordingly resolved itself into Committee of the The CHAIR:\IAN. The gentleman from lliinois, chairman of Whole House on the .state of the Union, Mr. PAYNE in the chair. the Committee on Appropriations, is in order if he desires to take The CHAIRMAN. The Honse is in Committee of the Whole the floor in opposition to the proposition. for the further consideration of the naval appropriation bill. Mr. MOODY of Massachusetts. Mr. Chairman-­ At the time the committee rose last evening a point of order was Mr. WHEELER of Kentucky rose. pending on the paragraph of the bill in reference to the appropri­ The CHAIRMAN. For what purpose does the gentleman rise? ation for the construction of buildings at the Annapolia Naval Mr. WHEELER of Kentucky. On the point of order. The CHAIRMAN. The gentleman from .Massachusetts has the Ac~demy. Mr. UANNON. Mr. Chairman, under the agreement of yester­ floor. day I think the first business in order this morning, on the 1·e­ Mr. WHEELER of Kentucky. I desire to make a suggestion, sumption of the consideration of this bill, is the i·ecurrence to if the gentleman will allow me a moment. page 16 of the bill, under the agreement heretofore made. The Mr. MOODY of Massacbusetts. Thia will not come out of my Chair will recollect that it was agreed, by unanimous consent, time. that page 16 would be recurred to this morning, with the privi­ Mr. WHEELER of Kentucky. I just want to make one sug­ lege, if desired, of an hour's debate on each side on the general gestion in theline suggested. If you intend to press the point of topic therein presented. order, let us have a ruling on it. · The CHAIRMAN. That is correct. Mr. CANNON. I send the following amendment up, if the gen­ Mr. FOSS. .That was the understanding. tleman will allow me. I suppose we can set gentlemen at rest by The CHAIRMAN. That order was made by unanimous con­ offering an amendment. sent; and if the gentleman from Illinois desires to press it now, the The CHAIRMAN. The gentleman from Illinois offers an Chair' thinks it would be fir.stin order, amendment, which the Clerk will read. 1900. CONGRESSIONAL- RECORD-HOUSE. 4427

The Clerk reB;d as follows: extend the dead hand of militarism over the sphere that is app1·0- Page lG, strike out all of lines 1to23 and insert in lieu thereof the follow- p1·iate to civihan action, then you begin t.o incur the dangers of lnff: militarism, which have been dreaded from the beginning of the 'Ocean sur\"ey for special general service and the publication thereof, Republic. $10,000." Now, because my time is limited, I am going tostateverybriefiy Mr. MOODY of Massachusetts. Mr. Chairman, I understand the reasons why l think it is unwise to make this change. Every- that my time now begins. body agrees that we ought not to have two coast surveys. If we The CHAIRMAN. How much time does the gentleman yield? establish this military coast survey we ought to abolish the civil­ Mr. CANNON. Twenty minutes, or such portion as be may ian coast survey. We do not want one coast survey for the coast desire. of the continental United States and another coast survey for Mr . .l\IOODY of Massachusetts. I withdraw the point of order our insular posEessions. It would be expensive; it would be un- which I rese1·•ed, and debate this question upon the merits. wise in every respect. We mnst have one or the other, and if Mr. DAYTON. Pardon me just one moment. I want to know we establish this military coast survey to-day we must al)oiish whetl1er that withdraws the point of order made by the gentle- the civilian coast survey to-morrow upon the sundry civil bill, man from Ohio [Mr. BROMWELL]? and we ought to do it. We all agree there ought not to be two, Mr. BROl\1 WELL. I will take just a moment of the gentleman and the choice presented to this House is whether you will con­ from Massachusetts to say that after discussing this question tinue the civilian scientific coast survey or put it in the hands of with the chairman of the Committee on Appropriations [Mr. a military arm of the Government. CANNON] and the gentleman from Massachusetts [Mr. MOODY] We ought not to do this, in the first place, because we are doing we decided that this question should be discussed upon its merits; it upon an appropriation bill. We are changing the policy of a the point of order reserved by the gentleman from Massachusetts century, although our own commission only a few years ago, after should be withdrawn, and I therefore ask permission towithd,v·aw two years' deliberation, reported against it. We ought not to do the point of order that I made. any such indecent thing as that. I say again that the Navy has The CHAIRMAN. The point of order is withdrawn. neither the ships nor the men to do this work. Why, I hold in Mr. MOODY of .Massachusetts. Mr. Cb.airman, very rarely a my band a letter, written yesterday to me by the Secretary of the provision in an appropriation bill contains a proposition of as Navy, in which he says that in order to man the ships we already much importance as the one under discussion. It is very easy to have now under repair and construction and those in the Govern­ conceal great changes which are enveloped in the language of an ment service he wants 1,447 new officers. He wants almost to appropriation bill. Without attempting to recite the language of double the force of officers of the American Navy. the paragraph I will state its effect. We have now a Coast Sur- Is it not a strange thing, Mr. Chairman, that when he comes vey, which has been in existence almost a century. The proposi- and tells us that the Navy to-day, for its own duties, is 1,44-7 offi­ tion contained in this bill is to establish another and a parallel cers short, we should extend the activities of the Navy over a coast survey which shall be not under civilian but under military proper civilian sphere? control. It is proposed, upon a debate of one hour on either side, TheNavyhas not the ships. You cannot do it with the cruisers. to change a great department of the Government service from civ- you can not do it with the battle ships. You must have small ilian to military control and to reverse the deliberate policy of boats, sometimes sailing vessels, vessels that are adapted only to Congress which has prevailed for nearly sixty years. the service of the coast survey, and the Navy has not got them. In order to understand the precise question it becomes necessary All over the world the survey of the coasts is done by vessels that for me, with the utmost brevity, to state the history of the Coast are appropriated to that work and done by men who are experi­ Survey. It was established as a civilian department in the year enced in that work. The Navy has neither the ships, nor the 1807, and remained such until 1818, when it was transferred by men, nor the officers with which efficiently and economically to law to the Navy Department, and there remained, with very un- perform this work. satisfactory results. until the year 1832. Then, upon the recom- I say they can not do it with economy. Bear with me while I mendation of the Secretary of the Navy himself, who pointed out give you two or three instances of the economy of the Navy De­ that, while the work of the naval establishment had been useful, partment when they strike civilian life. I yield to no man in ad­ it had "been very expensive in proportion to its usefulness." It miration forth.a splendid men and officers of our Navy. Where was again transferred to the control of the Treasury Department. they are they are unsurpassed-nay, more, they are unequaled­ In l8l:i4. two years afterwards, it was turned over to the control by the men or officers ot any navy in the word. Let them stay of the Navy Department, and remained there bnttwo years, when there where they shine. Let them leave civil affairs to be admin- it was transferred back again to the control of the Treasury. istered by civilians. Believing that it was necessary to settle for all time thiB long- Now, let us see something about the economy. The Blake bas vexed question, Congress appointed a commission, consisting of been surveying Porto Rico. The Eagle and the Yankton have three naval officers, three Army officers, and three civilians, and been surveying the coast of Cuba under naval control. We can in 1843 they agreed unanimously upon a report that the sub;ect not exactly compare the expense, but taking the coal and person­ of the survey of our coasts was a proper subject for civilian nel we find that the Eagle and Yankton cost per year $4-0,000 activity and should no longer be under tne control of the Navy apiece, while the Blake, the civilian vessel, costs only $25,000, only Department. Accordingly, from that day to this the work of the a little more than half as much as one of those vessels, and they survey of our coasts has been under the control of the Treasuay do three times the work in the same period of time,.according to Department and in the hands of civilians, with the aid of such o:ffi- the testimony which comes to us. cers of the Navy as from time to time have been detailed. At- Then, agam, under the Navy they have to hire the seamen for tempt after attempt has been made to change the system. Con- four years. What the Coast Survey wants is a man for a month, gress has been appealed to time aftt:ir time and has invariably a week, perhaps three months-a man that they can hire upon the refused. spot and discharge when the work is done. For instance, in Porto In 1884 a commission was appointed-a Congressional commis- Rico, hire men who are familiar with the coast, and when they sion was appointed-headed, I believe, by the present senior Sena- get through with them discharge them, instead of employing sea­ tor from Iowa f Mr. ALLISON], and after conside1·ing the subject men for four years; because under the Navy personnel bill he can for two years they reported to Congress that it was unwise and not be enlisted for any shorter time. inexpedient to transfer this department from the control, the When the Spanish war began, our naval officers who had been civilian control, of the Treasury to the military control of the detailed to act in the Coast Survey all left it. They all went to Navy Department; and so it has remained. Now, when we ob- their appropriate duties. Their places were taken by civilian offi­ tained control over the islands which are now under the jurisdic- cers, who are performing the work to-da:v better than the naval tion of the United States, just as we have done in the past, the officers were in their time. The pay and :inowances of the naval appropriations were made for the Coast Survey to survey their officers were 889,000, and their places were supplied from the coasts. They have gone cm and done it. They have completed civilian establishment by men who receive only annual salaries the survey of Porto Rico. They have completed the survey of and allowances of $27 ,500. the Hawaiian Islands with the aid, and important aid, of the Let us go again here to the Naval Observatory, right at our Navy Department. doors, and see how the Navy is administering that. Compare it ';['hey ~ave not be~~ t!ie surveys of the Pbp.ippi_ne Isla~ds. _In with two~~atnaval observatories, one in this country and one in th1s sect10n of the b1ll 1t is proposed to establish, side by side with Great Britain. At the observatory at Greenwich the scientific our civilian coast survey, a coast sm·vey under military rule. salaries are $33,000, and the clerical, skilled. and unskilled sala· Now, for one, I want to begin to resist these attempts, because ries are $6,000. At the Harvard Observatory the scientific sala­ they are coming to us from all sides-to resist them at the very. ries are $39,500, the clerical, skilled, and unskilled labor $2,500. threshold and resist them to the very end. The danger of mili- When we go over here to our Naval Observatory we find that the tarism does not come from an increase of the Army or an increase scientific personnel costs $28,000, and the clerical, skilled, and an­ of the Navy, if they are confined to their proper uses, but it comes skilled labor costs $34, 720. from an increase of the sphere of their activities. When you What sort of an admini.stI·atiou is that in the sense of economy? 4428 CONGRESSIONAL RECORD-HOUSE. APRIL 19,

In the meantime the administration and results of that establish· The Secretary of the Navy, in a letter addressed to the chairman ment are the laughingstock of the scientific world. Why, gentle· of the Committee on Appropriations, stated some facts in connec­ men, we must not expect these naval officers to devote their hours tion with this matter. He says, in substance, Why do you not of retirement from active duty to work in which they have no in­ permit the Coast and Geodetic Survey to resume its original juris­ terest and work for which they have no special fitneEs, but only diction? He says, Let the Navy have its original jurisdiction, and the fitness that is possessed by well-educated, culti-vated men. there will be no question between the two conflicting elements. Now, Mr. Chairman, there is but one other observation, and What we are contending for is the coast surveys of the islands then I am going to stop, because I am not going to multiply of Cuba, Porto Rico, and the Philippine Islands-not for the coast words about this. The naval officers are not as efficient as trained survey of our own country. This is the Navy's jurisdiction. civilians in this work. Many of tlie best hydrographers we have Why, Mr. Chairman, twenty-five years ago, under this general bad in the history of the country have been naval officers. But provision of law, we surveyed the Midway Islands in the P acific that is the exception, not the rule. They are detailed for two Ocean. What do we claim? That it is more economical for the years and two months on an average, as shown by the records Navy to do it than for any other body. What has the Navy been since the civil war. Many know nothing about the work when doing during the last few years in this regard-I mean with refer­ they begin; they have aptitude for learning, but they have no in­ ence to the surveys of the islands? Why, they have surveyed the terest; they are to go somewhere else next year, and by the time principal harbor in the island of Guam. They did not send a they become familiar with the work they are transferred and a vessel there for this purpose. They had one there, doing other new man is put in. They can not do the work as well as men duty-a naval vessel manned by American officers and seamen, trained specifically for it, and it is not to their discredit at all patrolling the coast-and they were directed to make a survey that they can not do it. Every man to his own trade. of the principal harbor of that island while on this other duty. I echo heartily the words ot' my friend from West Virginia [Mr. Manifestly it was a saving to the Government to have it done iµ DAYTON] the other day when, speaking of the naval constructors that manner. What did it cost? Simply $4,000 moreforthe pur­ endeavoring to build ships in the shipyards, he said, "I want the chase of a few surveying instruments, because let me tell yon that sailor on the deck of the vessel at sea." Our officers are taken as every vesael in the American Navy carries a great many survey· boys, trained especially for one end in view. They are educated ing instruments wherever they go, for use in special surveying not for civil life, but away from civil life, and it will be one of the works; but in this case it was necessary to spend a small addi· greatest mistake.s, one of the most threatening steps, if this Con­ tional sum for extra instruments. Would any gentleman claim gress undertakes to abolish a great civilian department and sub­ that it would have cost less to have sent a vessel out there for that stitute for it one that is under military control. purpose? Every officer of the Navy is educated to a certain ex· Mr. GAINES. I would like to ask the gentleman a question be­ tent in this work, and every vessel that leaves our ports carries fore he sits down. surveying instruments and is able to do ordinary surveying. Mr. MOODY of Massachusetts. Well, a very brief question. Well, we surveyed that harbor and the only cost was the sum I Mr. GAINES. I was not here at the beginning of the gentle­ have stated. man's remarks, as I was in the committee room, and I did not hear Again, down in Cuba during the last year we had two vessels his objections to the provisions of the bill. I would be glad if he officered and manned by American seamen-men who were paid would summarize them briefly. out of the naval appropriation. It makes no difference whether Mr. MOODY of Massachusetts. My time has so nearly expired they were employed on the surveying of the islands or otherwise, that I will leave that to somebody else. It will be better done than they would still be paid out of the naval appropriation bill. I can do it, and I yield back my time to the gentleman from Illi· Now, what have we done in Porto Rico? We have had aves­ nois. sel there. the Vixen, which has done some work of surveying; and Mr. CANNON. Mr. Chairman, I will reserve the remainder of in the Philippines we are rigging out six vessels, a part of a fleet­ my time. small vessels, yachts and tugs-to be used for the same purpose Mr. FOSS. Mr. Chairman, I do not quite understand the ques­ at a nominal cost to the Government. They are all there now on tion as the g~mtleman from Massachusetts has put it. the ground ready for the work, patrolling the coast, and they can · Mr. DAYTON. Mr. Chairman, let us have order. be employed without additional cost to the Government for this The CHAIRMAN. The House will be in order. service. Now, shall we build up another naval corps to do the Mr. CANNON. Mr. Chairman, if the gentleman from Illinois same work when our own officers and our own men on the ground will yield to me for a suggestion, I want to say to the members of can conduct these operations without any large additional expense the committee that many gentlemen are asking me to yield a part to the Government whatever? of my hour. I have promised to yield in some instances, and I Mr. MORRIS. Will the gentleman allow me to interrupt him. want to call attention of the committee to the fact that when the for a question? two hours' debate is over, this whole proposition is under the five­ Mr. FOSS. Certainly. minute rule as long as the majority of the committee want to dis­ Mr. MORRIS. Will the gentleman state by what body the sur­ cuss it. veys of the Great Lakes are made, whether by the Coast and Geo­ Mr. FOSS. Mr. Chairman, I do not understand the question as detic Survey or by the Navy Department? the gentleman from Massachusetts has stated it. We are not Mr. SOUTHARD. 'i'here are three surveys made there. seeking to abolish the Coast and Geodetic Survey. All we are Mr. S. A. DAVENPORT. Only two, I think. seeking to do is to bold the Coast and Geodetic Survey to the Mr. FOSS. The work is done by the Navy Department and the original jurisdiction which was given it under the revised Stat­ War Department. utes at Large. This Survey was established in 1807. There bas Mr. MORRIS. Is it not done by the Coast and Geodetic Survey? never been any question between the Navy Department and the Mr. FOSS. I will state to the gentleman- Treasury Department as to the ocean and lake service until when? Mr. CORLISS. If the gentleman will permit me, I would ask Until March 3, 1899, when the Appropriations Committee brought if it is not true that the surveys and charts of the lakes have been in a provision in the sundry civil bill extending the original juris­ duplicated for years by the Army and Navy surveys? diction of the Coast and Geodetic Survey, which was originally Mr. FOSS. I do not so understand. I dare say that so far as confined to the coast of the United States and later to the coast of these Departments are concerned I think they have worked in Alaska. unison, and neither of the Departments has duplicated the work They brought in the sundry civil bill, which became a law,~ of the other. provision providing for the extension of the jurisdiction of the Mr. CORLISS. I will state to the chairman of the committee Coast and Geodetic Survey until it should include the coast of that I have a communication from a member of the Deep Water­ Cuba, Porto Rico, and of the Philippine Islands-" all islands," way Commission who informs me that tlie work is being dupli­ quoting the language of that bill," under the jurisdiction of the cated, and consequently the survey by the Navy is unnecessary United States." The only question here is whether or not the on the Great Lakes and involves an unnecessary expense. American Navy shall have the right to make ocean and lake sur­ Mr. FOSS. I want to suggest. in answer to the gentleman veys which it has done for years. In fact, this provision substan­ from Michigan, that there bas not been a duplication of this work, tially bas been in the appropriation bill for a great many years; so I am informed. ever since the American Navy was established they have always Mr. CORLISS. Let me state to the gentleman that not only made the ocean surveys. Ever since the days of Old Jack Barry the main survey, but the published charts, which are simply a du.. and Essex Hopkins and John Paul Jones, the American Navy, plication of the work, have been made by the Army. charged with the responsibility of conducting these ships over the Mr. HOPKINS. Do I understand the gentleman from Ohio to ocean, have claimed the right to make the ocean surveys and of say that the work on the lakes is the work of the War Department the isles in the ocean. entirely? Now, what is the question? The question is simply as it stands Mr. DAYTON. I understand that the chairman of the Com· to-day by reason of this amendment that was brought in last year mitteeon Rivers and Harbors [Mr. BuRTON], who will speak after and became a law on the sundry dvil bill, extending the jurisdic­ a while, is prepared to give the facts showing that for eighty years tion of the Coast and Geodetic Survey so two Departments of the. survey of all the waters of the Great Lakes, including the Government have concurrent jurisdiction of the same subject. rivers and the harbors opening into them, has been under the 1900. CONGRESSIONAL RECORD-HOUSE. 4429·

contTOl of the War Department and has been made by the Engineer Mr. MOODY of :Massachusetts. Will the gentleman permit a Corps of the Army. correction? l\1r. FOSS. The work which the Navy Department has been The CHAIRMAN. Does the gentleman yield? doing on the Great Lakes, as I understand, has been that they Mr. FOSS. Oh, certainly. have used the Michigan, when it was not used by tbeNavalM.ilitia, Mr. MOODY of Massachusetts. The gentleman stated that the in finding out the shoals and obstructions to navigation. They merchant marine nowhere use the polyconic charts. have never, so far as I have been able to find out, duplicated the Mr. FOSS. I mean the merchant marine of foreign countries. work of the War Department. Mr. MOODY of Massa0husetts. Let me state that a letter was Mr. BURTON. Will the gentleman allow me a question? sent to all those interested in the merchant marine in the United Mr. FOSS. Certainly. States, and the majority repli~din favor of the polyconic, although Mr. BURTON. I call thegentleman·sattention to the language that is not of importance, because the Coast Survey furnishes of this bill on page 16: both. They can take their choice. Continuing the investigation and charting of reported obstructions to Mr. FOSS. Every foreign navy in the world makes its own navigation in the United States waters of the Great Lakes. coast surveys, with the exception of the little navy of Portugal, Now, does not that provision contemplate the doing of work by and our own. Here I have a Navy List which I bought in Eng­ the Hydrographic Bureau of the Navy Department which it has land this summer. What do we find here? We find under the not done heretofore? hydrographic office that the coast survey is under the head of Mr. FOSS. I do not understand that it does. That language Rear-Admiral Sir William Wharton. We find that all Ms chief jg purely explanatory of what the Navy has been doing, as I un- assistants are naval officers. Here are men who are navigating derstand, from the chief of the Bureau. or surveying engineers. In France they have hydrographic engi­ Mr. BURTON. Then why is that language used which does neers. In Germany they have a corps of professors. ln Denmark not appear in any previous bill? and in Sweden and in every country in the world except Portugal Mr. FOBS. It is simply explanatory of the work of the Navy. surveying is under the administration of the navy department. Mr. BROMWELL. And why is provision made for hiring ves- My friend says they have a special corps. Yes; they must have sels if the Alichigan is going to do the work? Why hire additional a special corps abroad. Why? Because they do not educate a vessels if the Michigan is going to continue the work which you naval officer as we educate him. The naval officer in England or say it has done? · in France or in Germany receives a differentiated education on Mr. BURTON. Allow me a further question. certain particular lines. They have navigating engineers; they Mr. FOSS. Certainly. have gunnery engineeTs; they go into differentiation and special- Mr. BURTON. This work is already done by another bureau ization; but in our Navy we train our men in gunnery! in navi- of this Government, and has been for nearly sixty years past, at gation, in surveying. Yes, by the operation of the personnel law an expenditure of nearly $3,000,000. Now, is it a safe experiment oflastyear we train themin engineering. We give them a broad to make an appropriation which looks to the duplication of this and general education. work by the Navy Department? Is it not true that charts have The foreign sailor knows one thing. When unforeseen circum­ been made, some seventy in number, of the Great Lakes-very stances come upon him, when great emergencies arise, he stands complete charts? there and knows not what to do. He is only trained for one thing. Mr. FOSS. Yes, there has been a number of charts made. But when our American officer is called upon to meet emergencie~, Those are made simply for the mariner; they are pilots' charts, when he is called upon to meet unforeseen circumstances, he, by made purely for the mal"iner. reason of the completeness of his education, does not stand there Mr. BURTON. What other use have you for such charts ex- helpless. He becomes the master of obstacles and emergencies cept for mariners? and makes them the stepping-stones to fame, to reputation, and Mr. FOSS. That is all. to glory. Mr. BURTON. Why, then, should the Navy Department make So, I say to you, that the same principle that applies to foreign other charts? navies does not apply to ours, because our officers are trained in l\lr. FOSS. I do not understand that it makes any charts ex- surveying, and they can do this work while we are at peace with cept those necessary to guide the mariners over the lakes. the world without any expense to the Government, comparativelv Mr. BURTON. Is it not true that there are already systems of speaking. w charts for the guidance of the mariner-charts made by the 'Var Now, Iam not trying to take away from the Coast and Geodetic Department, on which, as I say, that Department has been at Survey any of their original jurisdiction. They can go on and work since-1841-charts which have been made at very great cost? survey the coasts of this country, if they want to. And let me Mr. FOSS. There are charts which have been made by the say to you that up to the beginning of the war practically all of \Var Department, but you can not find very many mariners upon the coast surveying under the head of the Coast and Geodetic the sea, or upon the lakes either, who are willing to use them. Survey was done by officers and men detailed from the American ~Ir. BURTON. My question did not refer to the sea. Navy. Now, we have the ships. We have eighty-five auxiliary Mr. FOSS. I say " upon the lakes." cruisers-little boats, converted yachts, tugboats-just the things Mr. BURTON. They have been used in building up one of the to make a survey with. We have the men. We have the officers. largest traffics in the world. If the Coast and Geodetic Survey go into it, they have got to hire .i\lr. DAYTON. Those charts have been so used after they have the men, they have got to buy ships, they have got to hire the been prepared and revised by the Naval Hydrographic Office-not officers, at great expense to the Government. Here in the Book before. of Estimates they are asking for an increase in appropriations this Mr. FOSS. I can not yield longer, as I wish to proceed with my year of $350,000. argument. Mr. LITTLEFIELD. Will the gentleman yield for a question? lam more anxious in regard to the survey of the waters of Porto Mr. FOSS. Yes. Rico and Manila and other places where our battle ships and our Mr. LITTLEFIELD. Does that include the additional expense protected cruisers go. Our sailors are charged with the respon- of the survey of the Philippine Archipelago on the part of the sibility of taking these mighty engines of warfare and safely con- Coast and Geodetic Survey? ducting them over the ocean. I take it gentlemen here are not Mr. FOSS. I am not informed as to what the cost ·of that willing to take away from the American naval officer the right to would be. make those surveys on whatever seas may be to-day uncharted. Mr. LITTLEFIELD. What, in your judgment, would be the I say that out of common decency, out of common honesty, out increase in expense if the Coast and Geodetic Survey take up the of common fairness, if you hold the naval officers responsible for survey of the Philippine Archipelago? the safe conduct of our ships in foreign ports, you will not refuse Mr. FOSS. Well, I do not know exactly. I believe they state to them the right to make the surveys of the uncharted seas. somewhere about $2,000,000. [Applause.] Mr. MOODY of Massachusetts. Who states that? One thing more: The Coast and Geodetic Survey has never till Mr. FOSS. My impression is that Mr. Pritchett states that during the last year made a chart that was pleasing to the naval somewhere; that if you will give him 82,000,000 he can make a officer or to the mariner, so far as I have been able to find out. survey of the Philippine Islands. In our Navy we have our ships They use the polyconic section. That is not used by any navy, by· over there; we have our men over there; we have our converted any merchant marine, that 1 know of or have ever heard of. Take yachts and tugboats and everything of that sort; we have the sail­ the merchant marine, for instance, that sail the ships across the ors and officers over there, everything to go on with the work. Atlantic. They all move on the Mercator section. The Mercator Mr. LITTLEFIELD. And it can be done by the Navy without section is a straight line, and they move on a straight line. The additional expense. polyconic section is a curved line, and one has to sail on a curved Mr. FOSS. Done by the Navy for a trifling expense; and at the line; and nine months or so ago, after protests had been made Isame time we are doing this we are asking for this because the repeatedly before the Coast and Geodetic Survey against this sec- American Navy has always done the ocean survey-always done tion, they adopted the Mercator section. the ocean surveys; and they always considered the islands ;i the 4430 CONGRESSIONAL RECORD-HOUSE. APRIL 19, oceans· belonged to the ocean and properly a part of ocean sur­ Mr. FOSS. N"ot just yet. Wait until I get through, please. veys. Now, here is another point. We do not want to abolish Now, :M:r. Chairman, I do not ask that the Coast and Geodetic the Coast and Geodetic Survey. We think they should confine Survey be divMed up, although that has been the recommendation themselves to their original jurisdiction-the coasts of the United of the last Administration. I do not ask that one part of it be States and the coast of Alaska, 20 leagues from the shore and 5 transferred to the Navy and one part to the Geological Survey. miles inland. We have nothing to do in this bill with the Coast and Geodetic Let me tell you that they have got all the work they can do. SUITey. Secretary Long said, in his letter to the chairman of the They started in 1807 and they have just completed the first sur­ Committee on Appropriations: vey of the Atlantic, Gulf. and Pacific coasts, and they have not Let the Coast and Geodetic Survey stand by its original jw·isdiction, the started on Alaska yet. Now, the Alaska coast line is nearly twice coasts of this country and of Alaska, which will affe>rd it work for a century as long as the Atlantic, Gulf, and Pacific coast lines, and I say to to come, and let the American Navy do the ocean survev. Let it do tllis sur­ you that with the present rate of rapidity of that Bureau a cen­ vey, which it has always done ever since the American Navy was established. tury after you and I are dead and gone they will still be working fLoud applause.] on Alaska. I re::;erve the balance of my time. Mr. DAYTON. They have been nearly a century on the Atlan­ Mr. CANNON. To whom does the gentleman yield? Mr. tic coast. Chairman, how much time have I left and how much time has Mr. FOSS. Now, there have been investigations had upon this. the gentleman left? The gentleman has pointed back to an investigation in 1848. The CHAIRMAN. The gentleman bas forty-four minutes re­ There was an investigation also that he has referred to by a Con­ maining, and the gentleman from Illinois, chairman of the com­ gressional committee of which Mr. ALLISON was a member, but mittee, has thirty-one. I do not remember that Mr. ALLISON stated that he was opposed Mr. CANNON. I will yield five minutes to the gentleman from to turning over the Coast and Geodetic Survey to the Navy De­ Arkansas f.Mr. McRAEl. partment. Here is the opinion of that commission: Mr. McliAE. :Mr. Chairman, I can not discuss this matter as I The members of the commission. finding this l'

Survey do both at the same time. Gentlemen say that this is un­ charts, at the request of and for the use of the Navy Department. necessary work; that it is useless. I say it is useless to think or Some officers may use one and others the other chart. talk about making a complete and perfect survey without taking In conclusion, Mr. Chairman, I want.to repeat that the expense the necesEary information as to topography, and which the Coast of using the Navy Department for the purpose of making coast Survey does. 'fhe naval officers, as I understand, pay no attention surveys so far exceeds that of making them through the present to topography. The water and land smveys must be connected and efficient civil Bureau now organized and in operation that it ought the triangulations and topography be on a par with the s~dings. to be at once conclusive to every Democrat, and to every other Gentlemen say that naval officers are the only people qualified man who wants an economical expenditure of public money, to judge of the hydrography. This I deny. We have 225 com­ So far as I am concerned. I love the Navy for the great battles it bas missioned ships of the Navy, and we have over 3.000 ocean-going won, for the splendid gallantry and the superb courage of its per­ ships engaged in carrying the commerce from and to our country. sonnel, and the glory it has shed upon the American flag, but it Now. the Treasmy Department and this Coast Survey under it should be confined to the purpose for which it was created; for represent this e~"l)anding commerce, and the Navy Department the purpose for which we have recently used it-to protect, not represents the increasing Navy. The civil bureau can and does survey, our coasts, and to repel foreign foes. The officers of our furnish the necessary information to the Navy as well as to the Navy are educated to fight, not to ruake coast surveys. In every merchant marine for at least one-half of the cost that the Navy naval battle in which they have participated they have shown can. Why not let them continue to do it? their capacity to fight. They would, if required, even distinguish Gentlemen say the Coast Sru·vey has been sixty years surveying themselves as surveyors, but it is not necessary for them to do the coast of the United States. Now, that is a most remarkable such work. We have a civil department able and competent to statement to be made by those who insist that the Navy itself have do it. Let us confine the Navy to its original, patriotic purpose, done this work for the Coast Survey. Those who make such in­ and extend, if neeessary. the jurisdiction of the Coast Survey, one consistent statements can take the two propositions and I"'aconcile of the best-equipped and best-managed bureaus of the Govern­ them if they can. Gentlemen forget that much of the work of ment. Let us at every step resist the encroachments of the mili­ the Coast Survey consists of resurveys, which our increased com­ tary upon civil jurisdiction. This is a question of the soldier merce and the changes in our harbors make necessary. against the civilian. [Applause.] Then theysaythatnavalofficersaboard these United States naval Mr. CANNON. I yield five minutes to the gentleman from vessels in our waters can do this survey work as an incident to their Ohio [Mr. BROMWELL]. regular cruising and save expense to the Government. This state­ Mr. BROMWELL. Mr. Chairman, while I fully agree with all ment would appear to be fair, but the idea has been rejected by that has been said by gentlemen who have spoken against this all nations that make maritime surveying. None of them use the provision of the bill, I wish to call the attention of the committee regular naval vessels for their work, and we know that deep­ more particularly to the lines of the bill to which I refen-ed yes­ draft vessels like those in our Navy can not make the surveys of terday, commencing with line 13 and ending with line 18, and our coasts, and particularly of many of our harbors on the At­ which read as f

land, on the sea. It got into Alaska; it went to Porto Rico; it Bureau and the Coast Survey and that this aggression on the bas gone to the Philippines and wants to grasp the work there. powers of the Hydrographic Bureau cease. Now, how are they situated with regard to the Philippine Is­ Mr. FOSS. How much time have I remaining? lands? Why, they have only one vessel fit to go to the Philip­ The CHAIRMAN. The gentleman has fourteen minutes re­ pines to make surveys, whereas the Navy bas already thereto-day maining. from fifteen to twenty gunboats captured from and bought from Mr. FOSS. I suggest that my colleague, the gentleman from Spain, already equipped, only wanting a few surveying instru­ illinois, use some of his time. ments to go on with the surveys in those islands. Mr. CANNON. I yield five minutes to the gentleman from And you here attempt to take these surveys that have always Iowa [l\fr. HEPBURN]. been made by the Hydrographic Office and turn them over to a Mr. HEPBURN. Mr.Chairman, thegentlemanfromNewYork political bureau, the superintendent of which is liable to be re­ is mistaken when he talks about aggressions that have been made moved with every change of Administration. It is a political by the Coast Survey upon the rights of other branches of the Gov­ bureau. The officers of the bureau have no license. ernment. The aggression in this particular matter, I want to tell The CHAIRMAN. The time of the gentleman has expired. the gentleman, comes from the Navy Department. The first time Mr. FOSS. I yield to the gentleman three minutes. that this appropriation appeared or any appropriation of a similar Mr. CUMMINGS. It is a navy within a navy. The present character since 1843 was in 1884, where there was an appropria­ superintendent has adopted a flag, used while he is afloat, which tion for special ocean surveys of $10,000. That appropriation was resembles very much the flag used by Admiral Dewey. [Laugh­ omitted next year. Thus it continued-- ter.] The officers are arrayed in a uniform more gorgeous than Mr. CUMMINGS. The gentleman will allow me right there. any uniform worn at the battle of Manila. I had a letter from Was it aggression on the part of the Navy Department when an old boatswain in the Navy, now employed in the Coast and Secretary Carlisle asked to turn the Bureau over to the Navy De­ Geodetic Survey. I have mislaid it. He is employed in the Coast partment? and Geodetic Survey, but he has served twenty years in the Mr. HEPBURN. I am not discussing that branch of the mat­ United States Navy. He wrote me saying: "CUMMINGS, it is pie. ter. This appropriation was omitted in 1885. It was resumed and Nobody here knows anything about naval matters but me, and I continued at $10,000 until 1891. Then it jumped to 814,000 and have been appointed commander of the vessel, although I was continued until 1899, and then for the first time was this large nothing but a boatswain in the Navy." [Laughter.] appropriation, including these other duties, and if there was any Now, the hydrographic work in every country is done by the aggression being used, it can not be evidenced by the fact that navy. The reputation of our hydrographic work is the finest in the duties of the Coast Survey were extended to Florida, to the the world. At every bran_ch hydrographic office ma1iners ren­ California coast, to Oregon, and to Alaska. Its expansion came ' dezvous, and engineering and marine subjects are discus~ed._ The to them-expansion of the duties because of the expansion of the captains of vessels can buy charts made by the Hydrographic coast, not because of special legislation. But the gentleman says Office, and thoy want no others. Do you propose to abolish these that the reawn why the lake surveys were included was because offices? after the treaty of 1814 the Government was prohibited from hav­ Every surveying ship of the Navy is an armed ship. It serves ing naval vessels on the Great Lakes. Heismistaken about that. two purposes. A ship' is often detached from survey duty to quell It was "armed vessels;" and armed vessels, I take it, are not nec­ : riots and other disturbances in foreign countries. The magazines essary for the coast survey upon the Great Lakes. of these ships are always full and ready for any emergency. The Mr. CUMMINGS. I say "armed vessels!' Vixen was stationed at Bluefield last winter, and did prese1·ve Mr. HEPBURN. But, Mr. Chairman, the gentleman from Illi­ order as well as doing surveying. nois, in the admirable speech that he has just made, has shown that this is an extravagant waste of the public money; that there The Yosemite has made a new survey of the island of Guam, is no necessity for it. He has said, and the gentleman from New and she is now on her way to the Philippines~ The number of retired officers of the Navy employed by the York has reiterated, that the Navy is provided with accomplished Hydrographic Office is 4--2 in Washington, 1 in New York, and scientists to do this work; that it has all the men; that it is amply 1 at Sault Ste. Marie, Mich. They are employed in accordance supplied with ships-just the kind of ships that are needed for with section 1763, Revised Statutes. They are termed nautical this work. experts and have passed the examination before the Civil Service And here, at the very time, it seems to me, that they would enter _Commission and were appointed upon its recommendation. into the performance of this duty, do you understand why they On September 14, 1899, announcements were made by the Civil used over $122,000 last year; and why are you asking for $100,000 Service Commjssion, through all the leading papers of the United now? If you have the men, if you have the ships, if you· have the scientists, if you have all of these elements that are necessary States, including trade and nautical or marine journals, and a for the labor, why do you want $100,000 now? Why do you ask copy of the notice was also given to every newspaper correspond­ that you may expend it in the hire of ships and the employment of ent in Washington, that an examination would be held by the scientists? It seems to me, Mr. Chairman, that the gentleman Commission on October 17, 1899, for nautical experts. Only 4 has made the argument of all arguments disproving the rightful­ candidates presented themselves. The examination was then ness of placing this appropriation upon this bill. There is no rea­ postponed to November 14, 1899, and the widest publicity was son for it, if the gentleman is accurate in his statement. given to the notice. Seven applications were received from this Mr. FOSS. May I ask the gentleman a question? second notice, making 11 in all. Mr. HEPBURN. Yes. Of these 11, 4 were retired officers, 2 graduates of. the Naval Mr. FOSS. Has the gentleman read this provision which pro­ Academy not in the service, 1 an ex-volunteer ensign who served vides for the publication and sale of the i·esults of ocean and lake during the Spanish war. Of the 11 candidates, 7 passed the ex­ surveys? amination-4 retired officers, 2 graduates not in the service, and 1 Mr. HEPBURN. Yes; and that was covered in the appropria­ ex-ensign. This statement proves how well adapted for slirvey­ tion, and never exceeded 814,000 for fifteen years of time. . ing are officers of the Navy. Mr. FOSS. Yes; and the more the surveys the great.er the pub­ Relative to the survey of the island of Porto Rico, it seems that lications. the Coast Survey took upon itself to issue a chart of that island Mr. HEPBURN. But the gentleman does not mean to say, nor in October, 1898, months before the signing of the treaty of peace will he say, that $100,000 this year and $122,000 last year were neces­ with Spain. This chart, I am assured, was an exact reproduc­ sary for the publication of the results of the labor of these gBn .. tion of the Hydrographic Office chart. It is an indication of the tlemen? · manner in which the Coast and Geodetic Survey is extending its Mr. DAYTON. Will the gentleman say that, with a regular jurisdiction. • authorized bureau having control of the whole expense and in It seems that the commanding officers are landsmen not quali­ charge of it in doing this work-- fied or licensed to have charge of vessels at sea. The CHAIRMAN. The time of the gentleman has exph'ed. ·Previous to the Spanish war the accuracy of all charts issued by Mr. FOSS. I yield ten minutes to the gentleman from Maine. the Coast Survey for maritime purposes was vouched for by the Mr. LITTLEFIELD. Mr. Chairman, this question now pend· hydrographic inspector of the Survey, an officer of the Navy. ing seems to be a controversy as to jurisdiction. The first propo­ These charts also bore the names of the surveyor. Recently the sition is whether the Committee on Appropriations shall have charts issued by the Survey bear the name only of the Superin­ jurisdiction of this subject-matter or whether the Committee on tendent, who is neither a surveyor nor a seaman. Naval Affairs shall have it. The second proposition is whether The value of a chart depends upon the reliability of the survey the Coast and Geodetic Survey shall have jurisdiction over this from which it is made. The charts from the Coast Survey are subject-matter or the Navy Department. made by employees who hold their positions purely by the favor ~nasmuch as I am not a member of either of these great com­ of the Bureau, and the average length of service of the Chief of mittees, I can look upon the first question of jurisdiction with the Bureau is about four years. some degree of disinterestedness. No gentleman on this floor will Now, Mr. Chairman, I submit that matters should be allowed make any complaint as to any member of either of these great to rnmam as they are to-day in regard to the Hydrographic committees in their laudable d€sjre to increase the importance XXXIII--2i8 4434 CONGRESSIONAL RECORD-HOUSE. APRIL 19,

and dignity of their seve1·al committees. It is proper; it is de- Mr. MOODY of Massachusetts. I know the gentleman wants fensilJ1e. the ti·uth about this or any other question. When it comes to these othe1· two departments-the Naval De- Mr. LITTLEFIELD. Certainly; always. partment and the Coast and Geodetic Survey-I have n~ attack M.r. MOODY of Massachusetts. Therefo1·e he will a11ow me to or criUcism to make upon any of the gentlemen responsible for call his attention to what the Chief of the Bm·eau of Navigation or connected with the Coast and Geodetic Survey. I presume in tho Navy Department said officially in 1890: that they are now discharging a useful and important service to · "In these localities and in many others the state of our commerce demands the Government, and I deprecate, Mr. Chairman, the necessity trustwortlly charts. but the information on band is not fit to make them (re­ upon the part of the gentlemen repre.senting the Approp_riations ferring to the Spanish main, south coast of Cnba, and tho mouth of the Oro· Committee or the Coast and Geodetrn Survey of standmg and noco River, etc.). In all these cases after vessels bad been detailed the plans have to be laid aside, as it was found that the exigencies of the service re- making an attack upon the personnel of t h e N avy. quired these vessels for other missions, and among them the Th.etis and the If there is any Department connected with the United States Ranger, looked upon as surveying vessels. Government that during the Jast two years bas demonstrated the "From the experience of the past year and of previous years it is clear that · l •t · th naval vessels regularly commissioned for servjce can not be spared from the integrity, the capacity, and the a b i litY o f its personne , 1 IS e larger demands of the general service long enough to render effective assist- Navy. It came through two years of war without a brea~h _of ance in carrying out this work." scandal or any stain upon the name of any man who served m it; That is, survey work. . th' th b h "Therefore I recomll'end as my predecessors have done, that special ves- and it ill becomes the gentl eman represen t mg ISO er ranc sels of the l{avy be equippedfo1·thisservice and permanently assigned to it,_" of the Government to asi:.ail its character, its efficiency, its integ- 1·ity, here and now upon this floor, just for the purpose of trans- Mr. LITTLEFIELD. That is in relation to the Coast and Geo- fel'l'ing the jurisdiction upon this subject. detic Survey. Mr. MOODY of Massachusetts. Will the gentleman be good :Mr. MOODY of :Massachusetts. It has relation to the survey of enough to say who has assailed the Navy? any coast. .Mr. LITTLEFIELD. I understood the gentleman from Massa- Mr. LITTLEFIELD. That 1·efers to the question of the trans- chusetts to say that in connection with the Naval Observatory fer of the work of the Coast and Geodetic Survey. It is dated in the Navy had so conducted itself as to make that institution a 1890, as the gentleman has stated. I have read the statement of laughingstock in the eyes of the world. a rear-admiral, written April 14, 1900, a good deal .nearer to the Mr. MOODY of Massachusetts. The scientific world, and I re- present time than tb,e gentleman's citation. peat that statement. Mr. MOODY of .Massachusetts. What I read does not refer to Mr. LITTLEFIELD. I submit that the personnel of the Navy the Coast and Geodetic Survey; it is in reference to the question needs no defense from me upon this floor. It is recognized in all of surveys by the Navy Department. Christendom, and stands to-day, as the result of its education and Mr. LITTLEFIELD. I will read a little :fm·ther on what the experience, withoutapeer. lthasnoparallelanywhere. Magnifi,.. Navy Department says on this subject. cent as are our ships of war, more magnificent and glorious are To recur to what I was saying, that substantially is the propo- the men that command and man them. [Applause.) sition. I am so informed by a rear-admiral of the Navy. I as- I say I deprecate, in theattempttotransferthe junsdiction, this sume-because I have found these gentlemen to be truthful-that attack upon the Navy. I know nothing about the details con- he states the fact. I have no doubt you can get contrary state­ nected with the suggestions of the gentleman from Massachusetts, men ts from representatives of these different bureaus. and for that reason I can not attempt to reply to them. Now, Let me state the whole proposition. Briefly, it is this: That the just a word as to this proposition. Navy, while it is patrolling and policing that archipelago, can carry Mr. MOODY of Massachusetts. The gentleman from Maine on this hydrographic surv-ey. It is conceded that the Coast and having given me credit for one quotation, ought to give me credit Geodetic Survey, if it takes upon its hands the survey of the for the other-- archipelago, must increase its personnel, must increase its vessels. Mr. LITTLEFIELD. Yes; in the same speech the gentleman Of course they have some vessels now; but are there a lot lying eulogized and criticised the Navy. around now which are not in use? If there ai·e none such, if all Mr. MOODY of Massachusetts. And has not a representative their vessels are now in use, then they have none to spare. Their of the people a right to do that on this floor? vessels used for this purpose are not over there now in that archi- Mr. LITTLEFIELD. Certainly he has. pelago. Mr. MOODY of Massachusetts. If he has not, it is time that The chairman of this committee says that this p1·oposition will we should know it. involve on the part of the Government an expense of about $2,000,- Mr. LITTLEFIELD. I do not find any fault with the gentle- 000. 1 have heard the expensevariouslyestimated-from$500,000 man, but I say it is not necessarily involved in this proposition to a million dollars and $2,000,000; here, and I do not think the Navy will especially appreciate the What the proposition means is to transfer this subject from championship which in the same speech eulogizes and criticises the Naval Committee to the Appropriation Committee, from the and ridicules it. The gentleman bas a right to do it if he wants Navy Department to the Coast and Geodetic Survey, and the re­ to, and I have the right also to refe1· to it on this floor. spective expenditure involved is $100,000. perhaps, for the Navy, Gentlemen have discussed the question of the lakes, but the and in the end 8500,000 or $2,000,000 for the Coast Survey. That great question involved here is, what bureau of this Government is the economical proposition. shall survey the Philippine Archipelago, with its thousands of is- I call the attention of the gentleman from Iowa to his sugges­ lands, its thousands of miles of coast, around which our Navy, tion in regard to the extravagant waste of the public money. I with magnificent ships, must patrol for years to come? I under- am ready to go on record on the proposition that $100,000 for tho stand it not to be denied here that the Navy, with its existing Navy Department is not so extravagant an expenditure of public ships and its existing personnel, can make these surveys with money asa probable expenditure of $1,000,000 or $2,000,000 for the practically no additional expense. Coast and Geodetic Survey. 1\fr. SOUTHARD. Oh. yes; that is denied. Now, just a word as to the work of these two bureaus. What Mr. LITTLEFIELD. This hundred thousand dollars that is does the Coast and Geodetic Survey do? appropriated here is for details of expenditure and all the expenses fHere the hammer fell]. involved in carrying on this Bureau. ~Ir. FOSS. I yield the gentleman the balance of my time. Mr. CANNON. I will state to my friend that I do deny it. The CHAIRMAN. The gentleman has four minutes. One hlmdred thousand dollars may be the expense just here, but Mr. LITTLEFIELD. I have no time to make any quotation, a. million will be the amount elsewhere in the appropriations, not but the Coast and Geodetic t::)urvey until within six months has mentioned here. done what with its charts? I make no c1·iticism of this Bureau. Mr. LITTLEFIELD. Let the gentleman point it out; let him because it is doing its \.Vork according to its ideas of its special show the place. . province and purpose. It has made these charts upon the poly- Mr. CANNON. There must be money for coal, and the pay of conic section plan. The Navy Department has done what? lt has the Navy. the pay of seamen, the cost of ship's equipment, and made its charts upon the plan of Mercator's Projection. · · many other things-" the whole shooting match." [Laughter.] What does that mean? Mercator's Projection is the law of the Mr. LITTLEFIELD. Very well; it is because we want the sea. If there are any men on this floor who are familiar with "shooting match" efficient that we want to leave this matter in navigation, familiar with the men who sail the ocean, they know the hands of the Navy. I read a statement from a rear-admiral that Bowditch's Navigator is to the seaman, the master mai·iner. of the Navy. who says: · what the Bible is to the Christian religion or the Revised Statutes We have the ships,officers\::i-nd men. sur>eywork maybe combined with to the lawyer~ It is the law of the sea. That great book, which ordinary police duties of sm.a.u ships. has been used by maritime nations for a century, is the law of the We have the vessels all over there in that archipelago4 How sea to-day, so far as navigation is concerned. Upon what plan? many of them? There are 17 captured from Spain, with ad.di- Mercator's Projection. tional ships that we sent there. They are now patrolling and That is the plan on which t.he Navy Department does its sur­ policing that coast; and with this expenditure of $100,000 they veying. All who sail the water, who have occasion to approach could go on with this hydrographic sm·vey, our coasts, who realize the dangers which they must meet, who 1900. CONGRESSIONAL RECORD-HOUSE. 4435 appreciate the difficulties they must encounter, are obliged to rely settle the contention; but it did not. It came again and again. upon these charts for their safety. It came in 1884. A joint commission of the two Houses for two Mr. Chairman, the Coast and Geodetic Survey, within their years investigated, and under their report the sm·veys of the coast province, in the performance of the duties assigned to them, have remained as the law then and now provides, with the Coast Survey. never made a chart on Mercator's Projection until within a very So much for that. The Navy is not equipped to do this work-­ few years past, although in a communication fr-0m Commodore Mr. LITTLEFIELD. Will the gentleman r·eld for a minute? C.H. Davis, a member of the National Academy of Sciences and :Mr. CANNON. I have but little time, but will yield. Chief of the Bureau of Navigation, we find the following language, Mr. LITTLEFIELD. I do not know but I may have possibly to which I ask your attention: misapprehended. Do I understand the gentleman to say that the You can not be surprised that I should insist, as a practical navigator, education which naval officers get at the Academy would not upon the use of the Mercator Projection. The Mercator Projection belongs qualify them for this work? to the sea just as the modern compass does, and I ma.v say that it finds its proper and peculiar value only on the ocean. So also the compass and Mer­ Mr. CANNON. That is substantially true, unless they receive cator's Projection belong to each other. further qualifications. . Let me say it is only on the sea that people direct their way by the com­ :M.r. LITTLEFIELD. What do you mean by that? pass both for the moment and prospect. It is only on the sea that they have occasion to project a compass course as a guide, and it is only on Mflrcator's Mr. CANNON. Well, I will explain in a moment. In the first chart tllat such a course or rhumb line can be P.roaected and inspected with­ place, the Navy of the United States, like the Army, represents out calculation. AU this is familiar to yon. as it is to me in principle. the arm of force of the Government. They are a little knot bf It is no reflection, therefore, on the Coast and Geodetic Survey people set off to one side. They do not deal in decrees and judg­ to call attention to the fact to which I have directed your atten­ ments of courts. They are called into the service of the country tion, but it is a recommendation of the Navy, and it seems to me fo1· the purpose of accomplishing the objects of their country as that when they do the work themselves, so that it will be of use an arm of force when everything else has failed, and they are not only to the Navy, but for all maritime people on every occa­ educated from that standpoint. sion when they have to traverse our own coasts and this archi­ Mr. LITTLEFIELD. Just one moment, please. Is it not a pelago, consideration should be given to the recommendation of fact, if the gentleman will excuse me, that they have a thorough this committee. The same method is employed by the greatest education in engineering? maritime nittion in the world, Great Britain. Mr. CANNON. Oh, certainly. Now a word as to what the Navy has been doing in this regard. Mr. LITTLEFIELD. And in navigation? The Hydrographic Office has prepared and issued annually about Mr. CANNON. Oh, certainly. 1,000 charts for the use of navigators. The Coast and Geodetic Mr. LITTLEFIELD. Does not that involve this precise propo­ Survey have issued how many? About 300; and, Mr. Chairman, sition of surveying? these 1,000 charts are issued in accordance with the customs and Mr. CANNON. Oh, yes; but this precise matter of surveying practices in use amongst navigators, in use amongst the men who inYolves something more than that, as I will explain, if the gen­ sail the ocean. This illustration briefly indicates the work of the tleman will listen to me. When he asked the question a moment two departments and the amount possibly which was expended in ago touching the equipment of these people, he wished to know if the work performed by them. they were not liberally educated? Yes; at the expense of the Gov­ fHere the hammer fell.] ernment. For their benefit? Oh, no. This magnificent twelve­ Mr. CANNON. Mr. Chairman, I would ask how much time I million-dollar establishment that we are now constructing to have remaining? educate these naval cadets at Annapolis is not for their benefitJ The CHAIRMAN. Twenty-seven minutes. God bless you. It is for our benefit. We pay them. They are Mr. CANNON. I will crave the attention of the committee, devoted to that service; and, as I said before, it is a service that Mr. Chair~an, for that twenty-seven minutes, and will state as represents the arm of force. briefly as I can what I understand is to be done by the proposed Now, I must jump from one thing to another. I can not speak naval bill that we are now considering and what will be done on of this matter consecutively. The argument was made that the the amendment I have offered if it shall be adopted. Navy has the ships; that it has the men; that it has the seamen; First, let us clear away the underb1·ush and get rid of the vari­ and therefore, as the ships of the Navy and the men of the Navy ous loose statements which have been made-the declamation, the are scattered all over the world, that the Navy can do the coast­ firecrackers-get rid of the pyrotechnics which have been pre­ survey work cheaper and better than anybody else. Well, now, sented in this debate, and get right down to the clean, clear, and just mark how plain a tale shall put that down. One example is absolute facts. That is a business proposition. It does not abound better than an hour of talk. Take the report of Admiral Brad­ in declamation or glory or anything else but common sense. ford of the Bureau of E9uipment. In the current year there was Now, my colleague mom Massachusetts on the Committee on slipped into the naval bill, without notice in the rush, an appro­ Appropriations [Mr. MOODY] has briefly and clearly stated what priation to the Navy to survey Porto Rico, Cuba, Guam, and the the history of the surveys of the coa,sts of the United States has Philippines. There was no law for it, but it abounded in appro­ been. I wish I could take it up and deal with it more in detail priation only. and more fully. But he stated it correctly as far as the time at In pursuing that survey they sent the Bennington to the island his diRposal permitted him to state it. Let me say, however, that of Guam. What did the Bennington do? It is a long way to this effort on the part of the Naval Committee and certain officers Guam. The Bennington steamed over there to that island, and in the Navy-not all the Navy, not a majority of the Navy-but of spent about two weeks in taking a general observation and put­ certain officers in the Navy-notably the one the gentleman from ting up signals. What happened then? Presto, change! The Maine [Mr. LITTLEFIELD] referred to as· a rear-admiral, has been necessities of thf:.\ naval service cansed an order to be served unon trying to do, while in charge, just as his predecessors have been the Bennington to move on; and it went on to the Philippines, trying to do for almost a century. and that coast survey work stopped. The trip to Guam was lost. This is not a new contention. For almost a century this survey Two or three weeks' work in putting up signals was lost. What of the coasts of the United States has been with the Coast Survey next happened? Why, another naval vessel was order to Guam. substantially, under civil dominatfon and administration. Along Has it ever got there? The Lord knows; I do not. in the late 20's it was transferred for a few years to the Navy De­ ~Ir. FOSS. May I ask the gentleman a question? partment, and the Navy Department, as I have the documents l\Ir. CANNON. Certainly. here to show, after six years of survey by that Department, re­ Mr. FOSS. Is not Guam on the route to the Philippines? ported the fact that their sm·veys, as a connected survey, were Mr. CANNON. Well, whether the Bennington was sent from necessarily imperfect and substantially worthless. Now, without the Philippines to Guam, or to Guam from ~omewhere else, I do speaking disrespectfully of that, there was a reason for it to which not know. Does the gentleman? But it does not make any dif. I will refer a little later on. ference, nor is it material. The practical way to survey the coast The work was then retransferred to the Coast Survey, under of Guam is to survey it by a man who is competent to do it, with the Treasury, where it has remained from that time to this. It a crew of native sailors, if they can be hired, on a 200-ton sloop, a was supposed it was finally settled in a contest in the early 40's, sailing vessel. or the smallest kind of a steam vessel, to go in there but up came certain officers in the Navy Department who wanted and put up the signals and survey it and to do the land work at to absorb civil duties, and made the contest again in 1850. I have the same time. not time to read it, but it is a very interesting dIScussion. Mr. That is inexpensive, and brings i·apid results. It would have Jefferson Davis. then a Senator of the United States, led in the been finished in a short time, comparatively speaking. Now, I con test against transferring this service to the Navy in an exceed­ give that as an example. Now, the claim is made that here is all ingly able speech, in which he told the truth about the Navy­ this vast Navy that we have got that can be utilized in this serv· that it was created to fight, educated to fight, to command the ice. l have just shown you one reason why they can not do it. ships of battle in war, and that it was not educated for civil Now let me show you another: 20, 25, 27, or 28 feet of water the duties. ships of the Navy draw; they are wonderfully expensive engines of And finally, when four-fifths of that Congress for the second war, the vessels of our Navy in these latter days, officered by men time turned down the effort to establish a coast survey in the Navy that are trained to the service, manned by seamen that are en­ Department, Mr. Davis expressed the hope that that would finally listed for four years. Now, I would like toseeyourun the battle 4436 CONGRESSIONAL RECORD-HOUSE. APRIL 19;

ship Indiana or the battle ship Oregon into 6, 8, 10, or 12 feet of given attention and study to this question, and I feel that I can water to survey these coasts! say with more certainty than I can ordinarily about public ques­ Mr. FOSS. Eave you ever hea1·d of a battle ship being used for. tions that I know about this service, and 1 am here to state in that purpose? twenty·seven minutes what it has cost me months if not years of Mr. CANNON. The argument is that the .ships of the Navy time to investigate. It is impossible. The gentleman ·wants some can be used wherever they are all over the world. information. I will give him a little bit. It is a fair sample of .Mr. FOSS. Small vessels, converted yachts, and little cruisers. the whole thing. I have it right here . Mr. LITTLEFIELD. Do you understand that the survey is I spoke a moment ago of the Yankton and the Eagle. One made from the deck of a battle ship? would have supposed, with three or four hundred vessels w11ich Mr. CANNON. No, sir; I do not. Somebody has said that a we had scattered all over the world, that it would not have been child can ask more questions in a minute than a wise man can necessary to fit up two coast-survey steamers. You woulcl have answer in a lifetime. supposed they were little yachts and gunboats belonging to the , Mr. LITTLEFIELD. A man can be childish in not undertak­ Navy to hear the gentleman from New York and my colleague ing to answer. from Illinois talk about them, and that all you had to do was to Mr. CANNON. Oh, if the gentleman will rise and address jump on the little yachts and go and survey by the Navy. What the Chair, be will find that he will always be treated with com'tesy happened this year? This is the first year they have 1.Jad this by me. coast survey and that only in part. Why, the first thing they did .Mr. LITTLEFIELD rose. was to fit up at an expense of over S45,000 the Yankton and Eagle­ Mr. CUMMINGS. Will the gentleman allow me to ask him a to do what? To survey down on the coast of Cuba and possibly a question right there? little bit in Porto Rico, commanded by naval officials. Mr. CANNON. Ifmy time can be extended, I will answer. Now, the Blake, a smaller coast-sur>ey ve1'sel, was eng-aged in Mr. CUMMINGS. Do you not know that we have 19 gunboats surveying the coast of Porto Rico under law and under the Coast in the Philippines, some of which are not larger than canal boats Survey. Let me make a comparison, and that will answer the on the Erie Canal? question of my friend from Michigan. 1 h::i.ve it right here. · Mr. CANNON. I suppose there are. Why did you not get The Blake made 70,4.00 soundings at a cost of 35 cents a sound­ some of those gunboats mstead of expending $45,000 to expen­ ing, and in addition to that the BlakP. triangulated and surveyed sively fit out two vessels for the coast survey of Cuba? the coast or land and joinetl the two sun-eys, land and wate-r, to­ Mr. CUMMINGS. Because the Government paid for it with gether. appropriations that you made. Now, what did the Eagle and Yankton do? In the S[lme time Mr. CANNON. Why do you not use them instead of fitting both of these ships, under the command of the Navy, made 25.000 out these new ones? soundings, just a little over one-thil'd of what the Blake did in Now, I want to call attention to what the law is. Sections 4681 the same time, and while each sounding of the Blake cost 30 cents, and 46S2 of the Revised Statutes create the Coast Survey; that each sounding of the Yankton and the Eagle cost $1.08. they shall survey the coast of the United States and 20 leagues at Mr. DAYTON. Will the gentleman pardon me right there? sea; that they shall also survey the land coast as well as the water Mr. CANNON. Yes. and the harbors. Let me make one other observation. There is Mr. DAYTON. - The gentleman does not want to make an un- no other law, and never has been since 1834 or 1836, for survey of fair statement. , the coasts, when the Coast Survey was transferred from the Navy Mr. CANNON. Well, if I can have a little more time, I will Department to the Treasury Department, until this year, and answer the gentleman; it is only a question of time. then only in an appropriation on the naval bill for this year, and Mr. DAYTON. Were these surveys over the same territory it is the only appropriation that authorized the Navy Department and involving the same difficulty in soundings? Does not the to survey the coast anywhere. No man can find it, and yet the gentleman know that one piece of coast may be a thousand times gentleman from Illinois, my colleague, complains because be says more difficult to sound and survey than another? we are trying to take something away from the Navy. Not at all. Mr. CANNON. Yes, it may be; but it was not. [Laughter. l .Mr. FOSS. Does the gentleman mean to say that we did not, Mr. DAYTON. How do you know it was not? · under an appropriation made twenty-five years ago, under the Mr. CANNON. Now, then, if I can have the attention of the provision for ocean and lake surveys, survey Mid way Islands in House- the Pacific? _ Mr. WM. ALDEN SMITH. Were these soundings made the .Mr. CANNON. I undertake to say, except in appropriations same year? for ocean surveys, there is no law and has not been since early in Mr. CANNON. Both the same year. • the thirties authorizing the Navy to make surveys of the United Mr. WM. ALDEN SMITH. Work done at the same time? States coasts until 1890, when you-I will not say surreptitiously, Mr. CANNON. Yes; substantially. Now, some may say that but without notice to the House-for the first time, without at­ I am abusing the Navy. I-am not. The Navy fighting the bat­ tention being called to it, inserted it in the appropriation bill for tles of the Republic aboard ship and behind the guns, doing what ocean "and lake" surveys. You broadened it by adding the lakes, they are educated to do, is the grandest body of men on earth. and this has remained the law from 18!:10 up to the present time, f Applause.] The Navy in civil life, in the performance of civil except the law that is contained in the present appropriation bill duties, with their training and education, are thoroughly incom­ for the Navy for the current year, which extends this service for petent when you get them there, and very expensive until they this year, and for this year only, to Cuba and Porto Rico, Guam, learn the work, and when they learn it the time comes for them and the Philippines. to move on, to bectctaile

Mr. CANNON. I said incompetency in civil pursuits. I will Mr. WILLIAMS of Mississippi. Is it not a fact that the Navy tell my friend-- Department can not get men now for too new men-of-war? The CHAIRMAN. The time of the gentleman from Illinois has Mr. CANNON. Yes; I am going to refer to that. I am going expired. (Laughter.] to astonish this House in some respects, unless members have Mr. CUMMINGS. I ask unanimous consent that the gentle­ studied this question of the size of the Navy more thoroughly man's time may be extended. than I think some of them have. Mr. CANNON. I would be glad, Mr. Chairman, to have thirty Mr. LITTLEFIELD. ls the gentleman ready for me now to minutes. ask my question? The CHAIRMAN. Unanimous consent is asked that the gen­ Mr. CANNON. Yes; I yield. tleman's time be extended thirty minutes. Mr. FOSS. I suggest, if that is done, that we have an equal Mr. LITTLEFIELD. I would like to make this inquiry of.the time on this side. gentleman from Illinois: If, according to his impression, the offi­ cers of the Navy are not qualified to do this water - survey ~ how Mr. CANNON. I have no objection to that-not the slightest. happens it that the Coast and Geodetic Survey has made repeated The CHAIRMAN. Unanimous consent is asked that the time applications to the Navy Department for men to do· this work for debate on this question be extended for one hour-one-half under their jurisdiction? hour for the gentleman from Illinois [Mr. CANNON] and the other half to be at the disposal of the gentleman from Illinois [Mr. Mr. CANNON. I have just answered that question. My friend Foss]. Is there objection? The Chair hears none. must have gone to sieep between the time he thought of that Mr. CANNON. Now I will answer the question of the gen­ question and the time he asked it. [Laughter.] tleman from Maine [Mr. LITTLEFIELD J, and I will answer it in Mr. LITTLEFIELD. Is that all of the gentleman's answer? about two minutes, if the- gentleman will give his attention. Mr. CANNON. The law-your law, my law, the law of the I hold in my hand the Revised Statutes creating the Coast Sur­ Navy Department and naval officers-says it shall be the duty of vey, one provision of which is to this effect: the President in his discretion or of the Secretary of the Navy to detail officers of the Navy to this work. He has not been per­ The President shall carry into effect the plans of the board as agreed upon by a majority of its members, and shall cause to be employed as many offi­ forming that duty. Why? Because he has not the officers to cers of the Army and Navy of the United States as will be compatible with spare. the successful prosecution of the work. Mr. LITTLEFIELD. Now, will the gentleman from Illinois That is the law organizing the Coast Survey. Under that law be kind enough to answer the question-I mean the question of there have been transferred from time to time since its enactment qualification? in 1843 nine or ten hundred officers. The average service of those Mr. CANNON. Oh! Ohl Ohl rLaughter and applause.] . officers in the Coast Survey has been a little over two years, and Mr. LITTLEFIELD. Well, I woUld be glad to have an answer the facts show on examination that this wonderfully intelligent to that. class of men, when taken from their legitimate profession, did not Mr. CANNON. Now, my friend from Maine, elegant and elo­ in the main do much more than get ready to begin the survey quent as he is-ornate, as he always is [laughter], splendid in ability before the time had arrived for them to go to other duty, and they and personal appearance, wants an answer to a question that has were so tran sferred. been answered far back in the·course of the discussion. Why, I Mr. TALBERT. I want to suggest that one evidence of the have no doubt, Mr. Chairman, that in two or three years, after in~qmpetency of naval officers in matters of civil life is that Dewey careful instruction, he would become competent to command one . wants to be President! (Laughter.] of these Coast Survey steamers himself. [Laughter.] . ~r. CANNON. I have a great, a high admiration for Admiral Mr. LITTLFEIELD. I assume that that is intended as a very Dewey. high compliment. [Laughter.] - · . Mr. TALBERT. So have I; but I do not want to see him Mr. CANNON. But, Mr. Chairman, I can not yield further, seated in the Presidential chair, because he is not competent to I want to get into the merits of this proposition. fill it, although he is a great and efficient naval officer, deserving Now, then, let us come to·the matter of cost. That is the essen· the admiration not only of our nation, but of the world. tial matter in the discussion of this proposition. Naval officers . Mr. CANNON. I have a high admiration for every officer detailed prior to the Spanish war-the last year of that war­ and man who fought in the Spanish war or in any of our wars what do you suppose they cost the Government? What was the her~t.ofore. I have so great an admiration and respect for these amount required to pay those who did the Coast Survey service? officers that when I see somebody trying to set them at work And I ask special attention·of members of the committee to this upon something that they can not economically do and can not suggestion: what did it cost to pay them for their entire service sustain themselves in doing, I love them so well as to call a halt. in the Coast Survey, rations and everything else? It costs ~89,000 [Laughter.] · · - per annum. Now, what do yoti suppose it cost to do the same MI. LITTLEFIELD. At this point I would like to ask the service by the employment of civil engineers-men employed from gentleman a question. civil life-that are more competent to do this special work than Mr. CANNON·. If I do not in five minutes answer my friend, were or are the naval officers on the average? I will tell you. · The I will then yield. total cost was just $27,000. That is, the employment of men from Mr. LITTLEFIELD. Perhaps this might facilitate the gentl~­ civil life at the cost of that sum;"tbat is to say, having a man at man's answer a little. work when he is needed and dispensing with his services when he Mr. CANNON. I have the answer right here. is not needed. Twenty-seven thousand dollars is paid for the wot k I have just read the provision of law for the President detailing in one instance and $89,000 in the other; this is the difference of officers of the Navy to the Coast Survey. When did be stop doing cost in the two systems. so? He first stopped in 1860. Why? Because during that great I do not speak, Mr. Chairman, with any purpose of in any man­ war, which lasted for five years, and also for some time after­ ner aspersing the Navy. I call att~ntion to the fact that in the wards, every officer of the Navy who had been doing coast-survey condition of our ·service we can not afford to detail expensive work or who was thought of as suitable for doing that work was officers of the Navy to do the work of this character when we can transferred aboard his ship, under the flag, behind his guns, doing get it done just as well, and sometimes better, and done for one· that for which he was educated and paid and that which brought third of the money otherwise expended. glory upon him and his country. • Now I am coming to the question of whether we have the offi­ . N:ow, when did such officers come back into the Coast Survey? cers to spare. I have got the data here, and they are official. Send In .the late sb<:ties and early seventies. When did they resume to the document room and get Executive Document (Senate doc­ their i·egular duties? When the Spanish war broke out; and they ument) No. 168, and you will find it all worked out for your in· have 1Jeen thus employed ever since. formation. There can not be any detail now. A week or two ago my col­ We find officers on theactivelistin the Navy, 1,751; aggregate pay, league [Mr. Foss] wrote me a.letter in which he informed me 84,000,000 and over; 224 naval cadets, aggregate pay, $142,000 and that the nava~ bill would not carry one cent of appropriation for over; 17 ,500 petty offic~rs, seamen, and enlisted men, the aggregate officers of the Navy to be detailed to the Coast Survey. Why? pay being $6,300,000; 2,500 apprentice boys, S450,000, and so on Because the Department bad not the officers to spare. And that and so on; in all, officers, enlisted men, boys, cadets, and so on, is what the Secretary says; he has not the officers to spare. Now, 2L995, the total pay of officers and men being $11,000,000. in·the name of all that is good, if the Department has not these Now; what else does the Secretary say? He says that on last officers to spare when the law says they shall be detailed, how can February 19 there was at that time on the vessels of the United it }Jave them to spare under the appropriation in the naval" appro­ States Navy a total of 1,032 officers. That left G89 officers on land priation bill for this year, providing that sU:ch officers shall go on duty or somewhere else than on the sea. Now, they have land these two Coast Survey steamers the coming year to shoulder tip and sea service in the Navy. I inquired whether it is a matter of the whole survey of all the coa.sts of our newly acquired territory? Department regulation or law; whether it is necessary to have Mr. FOSS. I will answer the question of the gentleman. six hundred and odd officers on land or not. I do not know. But Mr. CANNON. My friend has thirty minutes of his own. they have them, and they have only 1,062 at sea on our vessels. [Laughter.] · Now, then, the Secretary of the Navy says that there is needed 4438 ·CONGRESSIONAL RECORD-HOUSE. APRIL 19,

to-day-that is, on February 19-to complete the complement of the plates and print them. But they just reprinted them. 1 am officers on these vessels that are at sea 210 more officers. not grumbling about that. It is wen enough. Let the Hydro­ But, Mr. Chairman, tliat is not all. Mind you, he is estimating graphfo OffiCD mark go on the 958 charts. But they a1·e simply 210 more for those vessels that are at sea, while to command ves­ reprints of English, German, and French charts. sels that could be put in commission within thirty days. For Well, now, that leaves some more to be accounted for. Seven­ that purpose he wants 909 additional officers, while as this table teen are compiled from engineers' surveys of the Jakes. What shows, for ships under construction or in repair, it will take 867 engineers' surveys of the lakes? Why, you understand how the officers more, so that it seems 3,048 officers are required to man engineers come up there on the lakes? Since 1840 the engineers the Navy; yet we have only 1,751 officers on the active list-in have been in charge of the lakes. Why? Because there are your other words, we are short on officers just 1,397, and this would rh-er and harbor improvements, changing the channels, and it was not leave a single officer for shore duty. thought by Congress away back nearly sixty years ago that the I say again, we have only 1,751 officers all told. · Engineer Corps of the Army doing that work could make a sur­ Mr. WILLIAMS of Missi sippi. And need nearly twice as vey of the lakes and make the charts. They have made 75 of many. them, and they are printed in the War Department and they are Mr. CANNON. And need nearly twice as many to command on sale. Anybody can buy them at cost, and they are amongst the ships of this magnificent Navy, that my illustrious colleague the best charts that were ever made on earth. is so zealouB in wanting to build up. I agree with him. I hold Now, then, what does your Hydrographic Bureau do? It goe3 up his bands. But, ob, my dear friend and colleague, in the light to work and reprints its charts-repeats them. So to-day you can of these facts. and the shortness of officers here to man tha vessels step into any engineer's office in Detroit or elsewhere and buy a that are now 1n commission and that could be put in commission lake chart, issued by the engineers of the War Department for in thirty days, why, oh why, do you agonize to put on them this the cost of printing; and you can step right across to the next civil duty that somebody else is doing better? [Applause and door or the next building and buy the same chart, no better, at laughter.1 the cost of printing, printed by the Hydrographic Bureau. Now, Mr. FOSS. May I ask the gentleman a question? we are not proposing to interfere with it. Yes; my amendment Mr. CANNON. Well- strikes the lake out and leayes it with the Army engineers. Now, Mr. FOSS. Does he mean to say that the officers and men on with all the surveys that have been made from exploring parties board our ships, using our ships in the Philippines, these smaller and an that }rind of thing, only a little over a hundred original cruisers, these smaller vessels- charts have been printed and made by the Hydrographic Bureau. Mr. CANNON. Makeit short, please, my friend. Now, again the Hydrographic Bureau on the legislative bill, Mr. FOSS (continuing). Can not, while they are doing their not on the naval bill, finds its appropriations. It has 14 branches, naval duty, patrolling the coast, for instance, to some extent spend one at New York, one at Chicago, one at Detroit, and every dollar the larger part of their time in making these surveys? that will maintain the efficiency of the force of these various Mr. CANNON. After a careful study that has lasted off and branch offices is there appropriated for, and every dollar asked on through months and yeru:sr I answer that they can not, do not, for; yet you have been deviled to death by telegrams and letters and never have. from chambers of commerce and eminent citizens asking us to Mr. WILLIAMS of Mississippi. On the average. stand by the Hydrographic Office. Nobody has ever proposed to Mr. CANNON. Yes, I mean on the average. do anything else. Mr. FOSS. Is it not true- I do not propose to abolish the branch offices. They have got Mr. CANNON. Oh! all the money that is asked for in the legislative bill. The truth Mr. FOSS. Well, if the gentleman objects- is they might well be changed over. There is no use in the Hydro- Mr. CANNON. I want to be courteous always tomycolleague, . graphic Office to se1l charts under the law, for a mere clerk, at a and I will yield. salary of $100 a month, can keep these branch offices and sell these Mr. FOSS. That is all right. charts. . There is no use for it; but we do not interfere with it. Mr. CANNON. Now, this is not all, How many men do you There is a naval officer at the head of evel'y one, sometimes there want to man this Navy? Speak again, Mr. Secretary of the Navy. are two, and sometimes a retired officer gettin~ retired pay and We have now 17,500 petty officers and seamen, and, without connt­ civil pay. There is considerable of that kind of thing. I do not ing the V&ssels for coast survey work, it will be required that think it ought to exist. When a man goes on the retired list, at we should have 17,000 additional seamen. Now, how are yon go­ the age of 62 or 72 ytla.rs, after having served his Government, be­ ing to man these coast survey vessels under the.Navy? With sea­ ing educated by his Government, and retired on three-fourths pay, men enlisted for four years. How much of the time can yon as a mark of the esteem of a graklful country for that, it ought to spend in coast survey? Why, about a third of the year, up in be the end of his active duties so far as the Government is con­ Alaska. How much elsewhere? Very ra1·ely more than from six cerned; and some time or other 1 think it would be well to legislate to eight months, anywhere. · that retired officers of the Navy, or of the Army either, should Now, the rule of the Coast Survey is that when the season is not drawthatpay and in addition draw the pay of a civilian ·officer over their contracts with the sailors are up. Two or three weeks · performing civilian duties. ago they were required down at Pensacola to make a survey, and Mr. Chairman, there are many other matters I would be glad to instead of sending an expensive ocean steamer around there they refer to, but my time has almost expired, I will refer to one or went by rail and hired a little sailing vessel and hired the sailors two. then and there, and did that job in about ten days and discharged The Weather Burea~ under the .Agricultural Department, costs , the force. With the red tape and bureauism of our friends of the $1,000,000 annually. It is charged by law with meteorological Navy, in the performance of this civil duty, they would not baye work, and giving warning of storms, and observing the weather, got started in two or three months yet. I speak respectfully. issuing daily, weekly, and monthly bulletins to mariners and They have to work by rule, by regulation, and have their disci- others. It has a thorough organization; it can reach every harbo1' pline and their traditions. · . · on the Atlantic and lake coasts in forty-five minutes. Yet an Now, I want to come to this question of their competency to investigation shows that the Navy Department is duplicating its make charts, and I want the attention of this committee while I work largely, taking its maps and bulletins by the score of pages speak of it. without giving credit, and embodying them in its reports, a most Much misinformation abounds in declamation. There is a expensive duplication and the duplication not as good as the origi­ Hydrographic Bureau, separate from this Coast Survey, under nal work. This should cease. the Navy Department. It has been therG for a great many years, The investigations show and this debate shows that some of these and it is a very proper service, if they would confine themselves Navy people also want to absorb the Life-Saving Service, the to the hydrographic work as the law creates it. The law does Light-House Service, the Marine-Hospital Service, the Revenue­ .create it. I hold it in my hand here. Very briefly, the law is Cutter Service-all the time not having more than half enough that this Hydrographic Bureau in the Navy Department shall officers for naval service proper; and on this very bill they seek to make charts and issue sailing directions and all that kind of duplicate the coast survey service. Some of them' 'would thewhole thing. It does not provide that they shall make smveys, but that world embrace." I say, again, it is time to call a halt and save they shall make charts, issue sailing directions, a-pd so on. · the Navy-protect the Navy-from these wild schemes which Well, now, what have they done in the chart-making line? would destroy it. · Much that is praiseworthy, much that is unnecessary. 1 was Mr. Chairman, how much time have I leit? diverted when the gentleman from Maine [Mr. LITTLEFIELD] said The CHAffiMAN. The gentleman hasfourminutesremaining. that the Hydrographic Office each year made 1,182 charts. Why, Mr. CANNON. Well if I may, Iwillreservethatfourminutes. Lord bless you, in all the years that it has done duty, it never has The CHAIRMAN. The gentleman• reserves the balance of his printed but 1,182 charts. Do yon want to know where they come time. from? Nine hundred and fifty-eight of these 1,100 charts were Mr. CANNON. I will state, however, before doing that, that but reprints of foreign charts, which could have been bought in there are many othe1· things I would be glad to state here but the foreign markets or in New York. as printed from the original there is no time, and under the five-minute rule, when it comes plates, for less money than the Hydrographic Office could make up sentence by sentence and paragraph by ·paragraph, I may

------~~~~~~~~~~~~~~~~- 0. 1900. CONGRESSIONAL RECO~D-HOUSE. 4439 avail myself of the opportunity to S}leak further on this matter. ance of long knowledge and seeks to impress on tills House that it; [L.oud applause on the Republican side.] must be true because he has studied these matters. I want to say Mr. WHEELER of Kentucky. I make the point that the gen­ to him that others have given the best thought that they are capable tleman can not reserve the four minutes and use it under the five­ of in the study of these questions. I want to call members' atten­ minute rnle. tion to the fact that the Coast and Geodetic Survey, from its in­ The CHAIRMAN. The gentleman reserves his four minutes. ception ~u 1807, ninety-three years ago, was organized, ancl under Mr. FOSS. I will yield to my colleague from West Virginia its organic law it was provided that so far as possible the hydro­ such time as he desires. graphic part of the work must be done by naval officers. And it M.r. DAYTON. Mr. Chairman, ifimayhave the attention of has been so done, not by the three or four hundred naYal officers the Rous~. I first want to call attention to the fact that this is not that tha. gentleman speaks of, but by a detail of over 1,200 naval a contest so inuch between the different branches oft~ Govern­ officers since 1 32, and up to last year not one particle of tha. sur­ ment as it is an attempt-and I say it meaning what I say-an vey of the ssa itself was done by any other than a naval officer. attempt, in my judgment, upon the part of the Committ.ee on Ap­ Here is the act. Gentlemen nee(l not take my statement of it. propriations to carry on the same fight that has constantly been Mr. SOUTHARD. Is not that the kind of work that the Sec1·e­ carried on against the Navy Department since tha. consideration tary means to welcome and not the coast survey? of its appropriations have been made separate and apa1·t from that Mr. DAYTON. The very terms of the act Jimited the coast of the general Appropriations Committee. In support of this, I snn-ey to the United States coast, and the lauguage of the Secre­ want to call yom· attention to a statement made by Secretary Gage tary is clear that he recognizes that the work in Porto Rico and himself in regard to this work Hawaii and the Philippine Islands will be so enormous that he I want to emphasize the fact that he himself, the head of the would gladly welcome any work that could be done there by the Department under which the Coast and Geodetic Survey is made, Navy Department. is not asking that that which is being done by the Navy Depart­ .Mr. SOUTHARD. Has the Navy undertaken any topograph­ ment shall be cut off in this summary manner, as demanded by ical work? the gentleman who represents the Appropriations Committee. Mr. DAYTON~ No; it bas been doing the hydrographicwork; There is no division on the part of the Committee on Naval Af­ doing it under a bureau constituted by law. Why, the distin­ fairs. The Committee on Appropriations-representing this Coast guished gentleman from Illinois places himself in direct contradic­ and Geodetic Survey, not the Navy-so far as I know, has heard tion to Webster's Dictionary; he has forgotten the definition and but one side of it. On the other hand, the Committee on Naval the meaning of the word. In 1866 Congress established a Hydro­ Affairs has heard both sides of it, and has extended the same fail' grap~ic Bureau. and honorable consideration to the views expressed by the Super­ Now, he says that was for the sole purpose of publishing maps intendent of the Coast and Geodetic Survey as to those other and charts and sending them out, and not for the survey of the arguments that have been brought in behalf of the Navy's juris­ sea, notwithstanding the very definition of hydrography is that diction of it. it is a. survey of the sea. I have the definition here: uThe act of Mr. VANDIVER. Will the gentleman allow me to ask him a measuring and describing th~ sea, lakes, rivers, and other waters question? with their phenomena; second, that branch of surveying which l\Ir. DAYTON. Cert[l.inly. embraces the determination of the contour of the bottom of a Mr. VANDIVER. I only ask for informatiou. Inasmuch as harbor or other sheet of water, the depth of sounclings, the posi­ the gentleman from West Virginia has stated that both sides were tion of channels and shoals, with the construction of charts ex­ heard, referring to the statement made by the Superintendent of hibiting these phenomena. u the Coast and Geodetic Survey, I would like to ask if he has been That bureau was established as a Bureau of Hydrography in before the committee? connection with the Navy Department, and has been doing this Mr. DAYTON. I understand so; his hearing is here. Why, work since 1866, and this Congress, without a word of objection, certainly. appropriated last year this same sum of money-$100,000-because Mr. VANDIVER. At what time? the gentleman from Illinois up to that time was not in the posi­ Mr. DAYTON. I am not prepared to state the date just now. tion that he is now of being able to extend the- jurisdiction of the Mr. VANDIVER. I think the gentleman from West Virginia Coast and Geodetic Survey, which by the act that created it in is mistaken. 1807 was limited to the United States coast, 20 leagues at sea.. and Mr. DAYTON. Look at the hearings and you will find it there. 5 miles inland. But they gave us an appropriation bill last year Mr. VANDIVER. Who was the gentleman who appeared be­ that by new legislation did extend it, and now he wants to throw fore the committee? out his tentacles and gather in all in sight, as he usually does Mr. DAYTON. Mr. Pritchett. If the gentleman will simply when it comes to a question of controlling legislation on the floor turn to his book of hearings and look to it he will see that he ap­ of this House. peared. Now. I want the House·s attentio!l to what the Secretary Gentlemen, I want to call your attention to the fact that as of the Treasury said in a letter under date of November 11, 1899, members of the Naval Committee we stand here and simply ask to the Secretary of the Navy about this work, from which I read 'for what has been done over and over again. We have made one this: mistake, and only one. That mistake was in not having the chair­ In time the Coast and Geodetic Survey will doubtless publliih charts of man of the Naval Committee standing here last year with all his all those islands, but the Treasnry Department realizes that the survey of material, supervising and seeking to direct and control the legis­ the ex.tended coast line of the Philippines, Ouba. Porto Rico, and the Ha­ lation coming from the Appropriations Committee. Because of waiian Islands in•olves an enormous work. and gla.dly welcomes any survey work that the Navy Department may find it; possible to do. that oversight the jurisdiction of this Coast and Geodetic Survey was permitted to be extended in that way. I throw his challenge back to the chairman of the Committee on It has taken this Bureau ninety-three years to furnish us-what? Appropriations. Here stands the Secretary of the Treasury. the A survey of the Atlantic coast and the Gulf and the Pacific coast. head of the Coast and Geodetic Survey Bw-eau, asking the Navy Now, when you rememberthattheyhavegotAlaska before them, Department te> do this work. Here stands the Navy Department, tell me, in the name of justice and right-tell me, in the name of that has done this work for half a century, the Navy Department, common sense, how long will it take them to survey these islands seekjng to perform its function, and yet the chairman of the Com­ of the sea? mittee on Appropriations demands that this shall not be done, and In the meantime, gentlemen, I want to:eall your attention to the casts reflections on the officers of the Navy, who have always ~act that our vessel~ are over there; a very large part of our fleet done it. lS over there. Charts hava. been handed down to us from Spain­ Now, another thing. I wish the gentleman would listen to this charts false, defective, and in many cases entirely unreliable. As further statement. Up to the last few years not one particle of a re~ult of this we have already lost the Chm·leston, which cost - the survey of the sea has been done except by a naval officer, and us, m round numbers, $1,600,000; and if we wait a century longer he talks about the expense of it and has sought to draw a com­ for the chairman of the Appropriations Committee and his Coast parison as to that expense. Let me tell him further that the only and Geodetic Survey, how many more vessels will we lose there? reason why the expense has been reduced is simply because the Yon can see the reason why the Secretary of the Navy and the vessels have been manned by naval officers and by naval seamen; head of the Bureau of Equipment and the Secretary of the Treas­ and their pay has come out of what? Out of the pay and the ex­ ury all gladly welcome additional work to be done here. You can penses of the Navy and nothing else. see why it is necessary; you can see why it is called for. Mr. CANNON. Will my friend allow me? Ah, but gentlemen say that the Navy Department is ineffective, Mr. DAYTON. The gentleman was not very courteous to me, incompetent to do this work. If that is true-and I hope I may but I will yield to him. have the attention of gentlemen while I read the facts from a Mr. CANNON. If I was discourteous to the gentleman, he will statement made from official sources-if that is true, why has it understand it was not in my inner heart to be discourteous. always done this work? I want to read this because when the Mr. DAYTON. I will yield to the gentleman. gentleman denies it I want to be able to saythat my statements of Mr. CANNON. No; I will take time in my own right. facts come from the RECORD and not from my own faulty recol­ Mr. DAY'l'ON. The gentleman from Illinois speal..-s with assur- lection. When it comes to recollecting things and when it comes 4440 CONGRESSIONAL RECORD-· HOUSE. ' APRIL 19,. to stating personal knowledge, I want to say that the gentleman MESSA.GE FROM THE SEN.ATE. can outdistance anybody on this floor: The committee informally rose; and Mr. MA.HON having taken 'l'here is a well-defined line between the hldrogra:{>hic work and the topo­ graphical and shore work of the Bureau. No work is done by the civil offi­ the chair as Speaker pro tempore, a message from the Senate, by cers of the Coast and Geodetic Survey so far as the survey of the water Mr. PLATT, one of its clerks, announced that the Senate had passed goes. The Coast and Geodetic Survey was at one time under the charge of a joint resolution of the following title; in which the concurrence an officer of the Navy Department. of the House of Representatives was requested: Now, as to the question of cost. The gentleman made jest of S. R.115. Joint resolution authorizing the Secretary of the Navy my question and, as usual, when it comes to answering a question to cause bronze medals to be struck and distributed to certain that answers him so completely that he has no answer to make, he, officers and men who participated in the war with Spain, and for with his long experience, turns off the question with a wave of his other purposes. . ' hand. I say this, my friends-and you will find it out as you go The message also announced that the Senate had passed the fol­ along seeking to break up this Navy of ours-you will find that lowing resolution: some of us,_if we remain here, are determined that the Navy shall Resolved, That the Secretary be directed to request the House of Repre­ not be dismembered into a parcel of little, paltry, petty navies, sentatives to return to the Senate the bill (8. 3436) entitled "An act granting but that it shall be one grand Navy, worthy of the American a pension to Catharine Weinheimer." people. The message also announced that the Senate had agreed to the Here is where your item of expense is concerned. You went on amendments of the House of Representatives to the Senate con­ and referred to the different soundings of the different vessels. current resolution No. 19, "to print and bind 2.000 copie3 of the You wanted to ehow that the coast and geodetic work was the mes~a~~ of the President transmitting the treaty of peace with greater. You knew at the time, or ought to have known, that the Spam, etc. . soundings depended upon the character of the particular piece of The message also announced that the Senate had agreed to the water or coast that was being surveyed; that one piece of water amendment of the House of Representatives to the ::3enate con­ or coast would take sometimes five times as long for the survey as current resolution No. 18, "to print 5,000 copies of the report of another. Capt. W. R . .Abercrombie on the Copper River exploration ex­ But you E:peak about Jack of men. We can get men in the pedition to Alaska," etc. Navy. But what do you lack? I make the statement, and I chal­ The message also announced that the Senate had agreed to the lenge you to deny it, that you have in connection with the Coast report of the committee of conference on the disagreeing votes of and Geodetic Survey but a single poor, pitiful vessel that is capa­ the two Houses on the amendment of the Senate to the bill (H. R. ble of doing this work to-day; and I say to you that unless you 4001) authorizing the adjustment of rights of settlers on the come to the Navy for assistance you have nothing to do this work Navajo Indian Reservation, Territory of Arizona. with. You have not the vessels to put the men on to do the w.ork. The message also announced that the Senate had passed with­ On this point I read from the report of the Secretary of the Treas­ out amendment joint resolution (H. J. Res. 235) authorizing the ury what the head of your Bureau says: exhibit of Government relics at the New York Printing Exposi- The condition of the vessels on the Atlantic coast, owing to their age and tion, from May 2 to June 2, 1900. · hard service, has already been ·reported to the Secretary of the '.rreasury, NAVAL APPROPRIATION BILL, and recognized by him m certain recommendations to Congress; that the steamer A. D. Bassett be rebuilt, and that a small additional steamer for the The committee resumed its session. use of the coast pilot be provided. At present the G. S. Blake is the onlv seaworthy steamer on the Atlantic coast. The rehabilitation of this small Mr. FOSS. Mr. Chairman, I would ask how much time there fleet is urgently required in the interest of economy. is remaining? The CHAIRMAN. The gentleman has four minutes. You may have a vessel or two over in the Philippines. I under­ Mr. DINSMORE. If the gentleman from Illinois will permit stand, however, that you have none. Now, then, gentlemen, let me, I desire to submit some brief observations on this question, me ask you, is it bettflr for us to go out and employ our men regu­ and I wish to suggest, if he does not desire to use the remaining larly through the Navy Department, have them regularly trained time, that he would yield to me at least a portion of it. as landsmen and put on board the vessels of the United States­ Mr. FOSS. I ha.ve but four minutes remaining. is it better for us to do that than for us to go to work and build Mr. DINSMORE. I wish to put the House in possession of one up another navy for the Coast and Geodetic Survey? That is or two matters that I thought were of importance in this connec­ what this question means. That will come along next year, and tion. my friend will then have the pleasure of asking for the construc­ Mr. FOSS. I yield to the gentleman such time as I may have tion of vessels for the Coast Survey. remaining. We are building up too many little side navies, Mr. Chairman. Mr. DINSMORE. Mr. Chairman, I am reluctant to use the We have one, or rather a part of one, which is used for the Coast balance of the time remaining to the gentleman from Illinois. and Geodetic Survev. We are told that we want another for the Mr. FOSS. I yield with pleasure to the gentleman from Arkan­ Fish Commission. ·There is still another desired for the revenue sas. service, and still another for the transport service. All these es! Mr. DINSMORE. Mr. Chairman, I have so much respect for tablishments and branches of the naval service are to be sup­ the judgment and earnestness of the three gentlemen of the Ap­ ported from themain body of the service and to be independent propriations Committee-the chairman [Mr. CANNON], my col­ of it, and to be placed under the control of the Treasury Depart­ league from Arkansas [Mr. McRAE l. and the gentleman from ment, if you please, which comes under the jurisdiction of the Massachusetts [Mr. MOODY]-that I have listened with a great Committee on Appropriations. deal of care to the arguments which they have made to-day in But. Mr. Chairman, I have already consumed more time than I support of their contentions. I know they are earnest; and I intended to. I simply will epitomize the facts: First, that nobody had believed that if I followed their argument I might receive makes this fight here. The Secretary of the Treasury does not some information which might perhaps change the view which make it, but by his own word gladly welcomes the appropriation I already entertained with reference to this question, but I have and asks for it. The Secretary of the Navy welcomes the appro· listened in v~in. I think thic:i work should be done by the Navy. priation and asks for it. The united Committee on Naval Affairs, I think so because the naval officers are more competent to do it, having gone through it all, from one end to the other, recommends rather than incompetent, as contended by the gentlemen, and that it. My friend from Illinois [Mr. CANNON] stands here against the it can be done more chea.ply by the naval branch of the service; judgment of all these. that it should be so done because the law to which the gentleman I believe, Mr. Chairman, that neither he nor anyone else can from Illinois [Mr. CANNON] referred a while ago itself says so. control a matter of so much importance as this. I believe that The language of the law itself is that the hydrographic work is to nothing that he or anyone else can sa~ against the American Navy be done by the Navy and the topography by the Army. can stand in the nature of an assault upon that establishment. It Mr. Chairman, I wanted to put the House in possession of this is competent on land or on sea. His very argument in support of fact: There is not a book upon the subject of hydrography that the position he takes is condemned by the statement I have read, has not been written by a naval officer, neither in the English from the facts and the records showing that the work that he says language nor in any other language. Every book which is used in they are incompetent to do has been done by it for years. And the service was prepared by a naval officer; all the books used by with this statement of the facts in the case I submit this matter the Coast and Geodetic Survey were written by naval officers. for the consideration of the committee, and trust that it will not The officers were selected by the law because they were thonght be misled by these constant assaults upon the recommendation, of to be more competent; and I think, Mr. Chairman, that the gen­ the Committee on Naval Affairs, that has gone to the very bottom tleman from Illinois has but a poor conception of the naval officer of this whole matter and has studied it carefully, thoroughly, and of the United States if he regards him asameregladiator, trained fully, and has stated as earnestly as any other set of men could for the purpose of contest in war. He 1s giveJJ. a high degree of state what they believe to be the best interests of the service in education and fitted for scientific work. This is a part of his this connection. They have given you in their report in regard work. It is one of the best courses known to any of the scientific to this bill their best information and judgment. [Applause.] schools, and these men are especially and specifically qualified for (Here the hammer fell.] it by their educational training. Not only so, Mr. Chairman, but 1900 . . OONGRESSIONAL :REOORD-HOUSE. 4441 ·· ~ naval officers have done the best part of the hydrographic work think that efficiency of work and economy of administration de­ that has been done for this country. mand that work should be conducted by one bureau, under one Mr. BALL. Will the gentleman yield? control. Mr. DINSMORE. I have only a few moments, and I would The question then arises as to whether we sh~ in this bill sanc­ rather not be interrupted. They have done the work, and they tion a provision which creates an additional bureau where one are qualified for it by their education. Gentlemen say that they already exists having jurisdiction of this work, and which neces­ are fine in war. They have great respect for the naval officer, sarily creates a duplication of work and embarrassment of admin­ they say, put he is a mere fighting machine. On the contrary, sir, istration. So far as the contention between the Departments is· in these modern times of progress and civilization, science enters concerned, that contention is as old as the Government. The into warfare, and he is made to use his intellect more than his Coast and Geodetic Smvey was first placed under the control of arms. Even upon his ship his intellect is that which gives force the Treasury Department, and remained there for twenty or to his country's cause more than his arms. This work should be twenty-five years. It was then placed by Congress under the Navy kept where it properly belonga, and that is in the Navy, for the Department, and the administration of it was so unsatisfactory reason, moreover, that it can be done with less expense, as I hum­ there that, upon the recommendation of the Secretary of the Navy, bly believe, contrary to the opinion expressed by these gentlemen it was retransferred to the Treasury Department. who are members of the Commit tee on Appropl'iations. Again. by Executive order, by order of the President of the We do have the ships-but they say now that a short time ago United States, this Bureau was put under the control of the Navy they were not available for use-but it is to be hoped, Mr. Chair­ Department, and by the same President, upon. the transfer of the man, that we may not always be engaged in war. In time of Secretary of the Navy to the Secretaryship of the Treasury, this Bu­ peace these ships can be assigned to this work, and can do it with reau was again retransferred to the Treasury Department. Com­ less expense than new fleets can be fitted out and new officers cre­ missions have sat upon this question and have refused to change ated and commissioned and put into service. Mr. Chairman, there the administration from the Treasury Department to the Navy is behind this-I do not mean to impute this to any gentlemen who Department. The matter has been thoroughly sifted by repeated advocate the cause of the Coast and Geodetic Survey-there is be­ Congresses, by repeated commissions, by repeated joint action of hind it a desire to promote this Bureau, to give it more standing joint committees. We have this capable and efficient Coast and and recognition in the law, looking u1timately to permanent rank Geodetic Survey authorized under the law to call upon the Navy and retired pay. [Applause.] when it has officers to spare for a detail of those officers to hydro­ • [Here the hammer fell.] graphic work, a survey not devoted solely to the hydrographic .Mr. CANNON. Mr. Chairman, in the three or four minutes I work of the coast, but also in the geodetic survey of the shore, have I can only say to my very good friend from West Virginia and I claim that there can be no intelligent administration of the [Mr. DAYTO:N'] that he resorts in his contention not to the merits hydrographic work of the coast unless the control of the surirey of of this provision, but he seeks to make this a question of commit­ the shore itself is in the same hands. tees. I never yet heard that because a man was on a committee The Committee on Naval Affairs propose now to separate these he ceased to be a member of the House. Must! bow and beg par­ practically and to transfer the water work to the Navy, leaving don when I speak to a bill that affects my constituency, a bill the shore work to the Coast Survey. They say that in every other reported by the Committee on Naval Affairs? Must I stop my country in the world, except Portugal and Belgium, the hydro­ judgment and not perform my duty as a. member of the House? graphic work is done under the _control of the navy. That may Clearly not. Now, much has been said about the glory of the be true. It is true so far as England is concerned. Navy by mY' friend from West Virginla [Mr. DAYTON], and I The CHAIRMAN. . The time of the gentleman has expired. really felt very small when he said tMt I was trying to break up Mr. NEWLANDS. I ask an extension of five minutes. · this Navy. Who constituted him the sole defender of the Navy? The CHAIRMAN. Is there objection? [After a pause.] The [Laughter and applause.] It comes with ill grace. Chair hears none. Now, here is a great public service. They say that there never Mr. NEWLANDS. It is true so far as England is concerned. has been a yard of the water surveyed that the work was not But if you propose to inquire further, you will find that the Bu­ done by naval officers. Yet for nearly te.n years, during the civil reau, whilst under the Navy Department and under the control war and after the civil war, no naval officer was upon this work, of an admiral of the Navy, is really a civil bureau: that the offi­ and yet the Coast Survey never did so much work as puring those cers in the Hydrographic Bureau are not men who are detailed to ten years. No naval officer is on this work now, or has been since sea service, but are devoted for life to hydrographic work. Gen­ the war with Spain broke out; and since the war closed the Sec­ tlemen here propose that the naval officers shall have dual duties, retary of the Navy has refused, and to-clay refuses, to comply with their duties as officers to command ships, part of the great ma­ the law and detail an officer of the Navy-not one. He says he chinery of war, being their primary duties, and their secondary has not got them to spare, and proves that he needs fifteen hun­ duties being the duties of this work, which can be discharged by dred more officers to properly care for the ships in commission civilians, by trained civilians, of less capacity than the officers of and that could be put in commission in thirty days. the Navy, men who, by reason of training in a specialty, are better And yet they have organized a partial ooast survey for this year prepared to do this work than are the naval officers by spasmodic by an appropriation in the naval bill for this year and they come and inteITupted effort. now with this . proposition and propose-and I speak advisedly, They have a civil bureau under the control of .the Navy Depart­ after having studied this provision-to organize a coast-survey ment; and I contend that if.you intend to make a change, the log­ service in the Navy that is a duplicate of the coast-survey service ical thing to do is to take the Coast and Geodetic Survey from the under the Treasury, not only as to the newly acquired Territories Treasury Department and place it under the Navy Department, but as to every mile of our coast of the United States proper, and and then you will have no duplication of work and a practical they say that we are interfering. Oh, I am interfering, so far as concentration of control and administration. But I should be op­ my voice and my vote goes, and my commission from my con­ posed to that. I am opposed to the absorption of civil duties by stituency reads exactly the same as the gentleman's commission the military. No one surpasses me in admiration for the great from bis constituency. They say we have been nearly a hundred achievements of our Navy and of our Army, but I believ~ in con­ years in making survey of our coast. Yes, and a hundred years fining both to military duties. more and twice a hundred yeal's will cease before this work is I do not believe in allowing them to abso1·b duties that belong done. to civil bureaus. If you say that this belongs to the Navy, why Why, they have a civil establishment under the Admiralty, does not the revenue marine belong to the Navy; why does not under the naval establishment, and have had in Great Britain for the Light-House Board belong to the Navy? There are three or one hundred and twenty years, and they are doing more survey­ four hundred ships of the Navy and there are three or four thou­ ing of the coast to-day than they did at any other time. The tides sand ships that belong to the merchant marine. I believe that the are constantly changing, the water changes, the channel changes; marine board, the Coast and Geodetic Survey, the Light-House • and I will talk about that,_if necessary, a little later on. [Ap­ Board, all belong to the civil administration of the Government, plause. l and should remain under the control of the Treasury Department Mr. NEWLANDS. An effort has been made, Mr. Chairman, until the department of commerce is organized to relieve the by some gentlemen who have participated in this debate to make ·Department of its superabundance of work and of duty. .. it appear that this is amere contention as to jurisdiction between Now, what do I claim? I claim that this work can be run the Committee on Appropriations on the one hand and the Naval more economically by the civil administl:ation. They speak of Committee on the other; a contest for control between the Navy the Bureau not having ships enough at command. Why, they do Department on the one hand and the Treasury Department on the not have to buy ships or build ships for this purpose; they can other. I take it for granted that so far aS' the members of this employ temporarily small vessels, steam or sailing vessels, and House are concerned it is of little importance to them under which then, the work being accomplished, dismiss them; they can em­ Department this branch of the service is placed. What we are ploy men temporarily and dismiss the~ Besides, recollect that concerned in is an effort to secure an economical administration we are called upon to transfer th~ Bureau to the Navy Department of the work belonging to this Bureau. · We do uot wish a duplica­ at a time when the fighting men of our naval machinery ~re un­ tion of bureaus; we do not wish a duplication of work. We equal to the task imp?sed upon them. Sixteen vessels have gone -,

CONGRESSIONAL REOORD-HOUSE. APRIL 19,

out of commission because the Secretary of the Navy does not of justice, every principle of common decency, every consi.dera· have officers to assign to thellh tion of humanity demands that when yon intrust these armed In a letter from the Secretary of the Navy, which I have seen, cruisers and these battle ships and all the ships of our Navy to the statement is made that thera are about 1,600 officers now in the the hands of naval offieers and seamen and hold them responsible Navy, and that for the ships now in contemplation a force of 3,000 for the safe conduct of the ships over the ocean-when you expect officers will be required. So that to-day, ju<4:,<7'1Dg by the present them to know every rock, and every reef, and every shoal-in the requirements and the req-uirements of the immediate future, there name of common justice you ought to give them the right to make is a deficiency of 1,400 officers filthe naval service. Now, what I the snrveys for the uncharted seas. [Applause.] insist upon is either that one Department or the other should con- Mr. SHAFROTH. Mr-. Chairman, the gentleman who has just trol this work-eitherthe Navy or the Treasury Department; that taken his seat [Mr. Foss] has said that because the shin of the yon should not split the work now; that if it is the sentiment of Navy are in the hands of the naval officers therefore they ought the House that this Bureau should be transferred to the Navy to be given_ the work of the surveys. There is no more analogy in Department~ let it be by a. bill specially brought to the House for such an argument than there would be if one should say that the the purpose, so that the efficiency of the civil part of the Govern· engineer on the train ought to construct the track. These are ment shall not be impeded by a duplicate bureau that will create works of distinct characters, and thel'e is no more reason why an friction and embarrassment between the two Departments of the officer whose duty it is to sail a vessel should make the surveys Government than to say that it should be bis duty to make the ship itself. Mr. FOSS. Mr. Ch.airman,. I have only a few words I want to Mr. FOSS. Do you not think the officer would be a better navi· say, and first I want to reply to the chairman. of the Committee gator if he made the snrve-ys? on Appropriations .. who referred to a letter I had written to him Mr. SHAFROTH. He. can not do everything in the world; he with reference to deta.iling men for the Coast Survey. I desire to I can not have the most perfect knowledge upon all subjects; he is state that the Navy Department has said that it has no more men not omnipotent and omniscient; and for that reason special know!· for detail to the Coast and Geodetic Survey, but while that is true, edge u11on. these matters,, obtained by a lifetime devoted to them, the gentleman will recognize that there is a. difference- between must of necessity, according to human. experience, produce better detailing men and officers of the-Navy for another department to results.. do surveying work and using the men and officers upon their own Mr._ FOSS. Does the gentleman mean to say that the officer ships, in their own. department, fo do the S-lllYey work. Now, Mr. does not get at the Naval Academy an education fitting him for Chairman-- this kind of work? • Mr. SOUTHARD. If the gentleman will allow me, is that Mr. SHAFROTH. Yes; he gets an education, just as we get done anywhere, by anybody in any part of the Navy? an education in our colleges-a very proficient education. But Mr. FOSS. By any other country? what is the aspiration of an officer in the Navy? Is it to do s.ur· Mr. SOUTHARD. Is that method pursued in making surveys veying? No. If we had in the Navy officers with. that kind of by any other country? ambition, they would not be war.th anything. The officer of .a Mr. FOSS ~ Yes. naval vessel, if he is the right kind of a man, has ambition to take Mr~ SOUTHARD. Where? cammand. of a ship, a large ship, a. fleet, to be ultimately an ad· Mr. FOSS. England. miral; that is what makes a good naval officer, and that is the Mr. SOUTHARD. Oh, no. reason he can not devote his time to this special technical work; Mr. FOSS. Every foreign country except Portugal has a dis- that is the- reason the specialist, the man who is skilled i:Q this kind tinctsurvey under the head of the navydepartmen.t~ of work. ought to do bettel' workc Mr. SOUTHARD. Yes;. but their bureau th.ere is entirely Now, Mi. Chairman, as I understand it, we have a law which civilian in personnel. authorizes the Coast and Geodetic Suney to survey th& coast of

Mr. FOSS. Entirely civilian; the gentleman is correct. But Porto Rico, Cuba1 the Philippine Islands, and Hawaii. We find .aoes the- gentleman understand the difference between the edu· in this bill a provision for the Navy Department to undertake the cation of a nava1 officer in this country and the education of a same surveys. If you adopt that provision and it becomes law, naval officer abroad? We educate our naval officers upon the- you are bound to have ~ome duplication of work There is in this broad plan of seamanship, of gunnery,. of navigation,. of survey· section a provision that-part of this appropriation can be spent by ing, and all those things which enter into. the profession cf a naval the Navy Department in making surveys in the Hawaiian Islands officer. Englandspecializes.and, consequently,.shehasnavigating and in Porto Rico; and at the same time I find by the repori of engineers. She has her hydrographic engineers. Germ.any in the Superintendent of the Coast and Geodetic Survey that that her navy has a corps of professors,. but that is due to the: speciali- work has been nearly completed by his department, and will be zation of the education on the part of the naval officers. Our com.'Pleted in. less than four weeks from thls time~ When you naval officers are especially fitted to do this" work; and. because of have two distinct departments-and confer concurrent jurisdiction the fact that they have been doing it in the Coast and Geodetic upon each, yon are necessarily bound to have conflicts. Con· Survey up to the time of the war demonstrates that they are able sequently it is bad policy thus to duplicate the jurisdiction of two to do it.. different. department& of the Government. One or the other Now, Mr. Chairman, we are not trying to abolish. the Coast and ought to fall. There ought not to be such a thing as two bureaus Geodetic Survey. · having jurisdiction over the same subject-matte?, Mr. BARTHOLDT. Will the gentleman pardon me. for a sug· Now, Mr. Chairman, which i~ the better system o.f surveys-is gestion? The gentleman is undoubtedly aware that our Coast the naval process better or_is the system of the Coast and Geo­ an(l Geodetic Survey enjoys the very highest- reputation. abroad detic Survey superior? The Navy Department makes what it among the scientista of Europe, of all civilized countries in Eu- calls hydrographic surveys only-tha.t is, surveys of the surface of rope, who regard that s11rv-ey as ofso high a valne as. to render it, bodies of water- and the :contour of the bottoms thereof. The in my judgment, the pride of every American citizen Coast and Geodetic Survey makes not only hydrographic but Mr. FOSS. I will say that the Hylh'ographic Bmeau of the also topographic surveys-. Which is best for the nation.! Why, Navy Department is infinitely high.er in the estimation of the for- Mr-~ Chairman, although we have a. great regard for the safety of· eign navies than the Coast and Geodetic Sfil'vey Why? Because our Navy, we mlll:)t also have regard for our merchant marine. the Coast and Geodetic Survey has been doing their service upon We must remember that there are 3,000- merchant·marine vessels the polyconic system, which is not recognized in any foreign navy plying to and from our ports, many of which are in coastwise or in any foreign merchant marine. . trade,. landing at insignificant harbors, while the Navy has but Now, gentlemen, we a.re not seeking to abolish the Coast and 225 vessels~ many of them spending the most time in foreign wa· Geodetic Survey. Here are two great Departments having con· ters. We must rememberthatwhen this Coast andG€odetic Sur­ cnrrent jurisdiction in this matter. Under the original act pro- vey makes a survey it does it not only for our naval ves.aels, but viding for the Coast and Geodetic Survey, their services were to also for our merchant marine. be confined to the coast of the Atlantie, the Gulf, and Alaska, and It mllSt be taken into consideration that if naval officers should untiI that provision of law waa put in here on the sundry civil bill make exclusively the surveys under the Navy Department. they by the Committee on Appropriations there was smooth sailing, and would natnrally put more stress and give more importance to the everything went along all right jnst like ''a· painted ship npon a large ports, where thefr vessels are likely to go, and would conse· painted ocean." But when they put that provision in. there they quently slight the other ports where small merchant vessels would extended the jurisdiction of the Coast and Geodetic Sm-vey and land. I do not say this by way of disparagement of our naval took away what has always been the undisputed right of the officers. Such a thing is natural; it is a condition that exists in American Navy-the right to make the surveys of the ocean and human nature. Whatever we regard as most import-ant will re· of the islands in the ocean. ceive the most attention, and we always regard the things we are The CHAIRMAN. The time of the gentleman has expired. most interested in as the most important. That is tru& with Mr. FOSS. I ask un~mous consent that I may have two min· us, and eqnally trne with officers of the Navy. For that 1·eason I ntes more? do not think under the management of the Navy Department the The CHAIRMAN. Is there objection to extending the time of Icoast and harbors visited only by the merchant marine would re. the gentleman for two minutes? The Chair hears none. ceive as much attention as they do now. Mr. FOSS. I say to you, gentlemen, thllt every consideration The CHAIRMAN. The time of the gentleman has expired. ' 1900. CONGRESSIONAL RECORD-HOUSE. 4443

Mr. SH.A.FROTB.. l should like to have five minutes more. a great deal more efficient work than·a man will whose ambition ThP CHAIRMAN. Is there objection to extending the time is something else and whose ambition ought to be sometltjng else. of tl:e gentleman from Colorado for five minutes? The Chair Now, Mr. Chairman, there are two propositions that present hears none. themselves with respect to this matter on which I would like to Mr. SHA.FROTH. Now, Mr. Chairman, what is the difference be heard. First, can you get more efficient service under the between the work of these two branches of the service? As I said Coast and Geodetic Survey? If you can, then we ought to have before, the Navy undertakes the hydrographic surveys only. The it. Second, are the surveys more economical under the Coast Coast and Geodetic Survey undertakes both hydrographic and to- and Geodetic Survey than under the Navy? Those are the two pographic work, doing the two classes of work concurrently. propositions that onght to control us, and if we can convince the They use vessels which are not such as our naval vessels. They House upon those two points, then the amendment proposed by do not take vessels of great tonnage. The tonnage of their vessels the gentleman f:i-om Illinois ought to be agreed to. is small-between 20 tons and 400 tons. They take a party of men The CHAIRl\IAN. The time of the gentleman has expired. and land them on shore, for instance, cm the Porto Rican coast. Mr. SHAFROTH. I should like to have a little more time. Then theykeepacertainnumberofthemenon the vessel. In order Mr. FOSS. I move that debate upo-n this paragraph and the to get the location of theh- soundings, they must reckon from amendment be closed. We have been debating it all day long, points or signals on the land, and while the men on the ve3Sels are and I should like to have a vote. making soundings the men on shore are making topographic sur- The motion was agreed to. veys. They-the two forces-thus go all around the island making The CHAIRMAN. The question is on agreeing to the amend- a complete topographic and hydrographic survey as they go. ment oifered by the gentleman from Illinois. These topographic surveys are of great service to both the Army Mr. FOSS. I ask that the amendment be read. and the Navy. The indication on a map that a certain section of The CHAIRMAN. Without obiection, the Clerk will again the land is marshy or contains deep ravines often becomes of vital report the amendme!tt offered by the gentleman from Illinois [Mr. importance in military operations. From the maps -furnished by CA:N":xox]. the Coast and Geodetic Survey which gave accurate distances and - The Clerk read as follows: elevations relative to Fort Jackson, Admiral Porter was able to On page 16 strike out all of lines 1 to 23 and insert in lieu thereof the fol- bombard that fort with complete effect, although a forest ren- lowing: . . . dered his view of the fort impossible. "Oc~~ surreys: For special ocean sun-eys and the publication thereof, Mr. FOSS. May I ask the gentleman a question? Does he think $l0,000. • • • that we are attempting to abolish the Coast and Geodetic Survey? . Mr. FOSS. I shoulngress had appropna~ a~ one time $500,~0 are going to authC'rize this provision. a!J-d at another time $700,000, or the full Iumt of the appropna- Mr. LITTLEFIELD. Will the gentleman allow me? tion. Mr. SHAFROTH. My time is limited, but I will yield. 1:he Chair h::is. examined the former appropriation bills, !>n Mr. LITTLEFIELD. You can get a little more tim-e. You '!hich appropn!'~ons were made,. and fi_nd~ that those appi:opr:a- say the law now authorizes the Coast and Geodetic Survey to go tions and that lllillt were for specifi~ bmldmgs, none of ~hi~h m­ over this territory. Will you be kind enough to point out to the clude_d cadet quar~rs or quart~rs swta~le fo! cade~, which Is ~he Honse the provision of the statute that authorizes them to survey only ~te~ appropriated for ~ mclnded m this parti~ular pc;>rtigi:ess. The -~hair Mr. SH.AFROTH. The gentleman from Illinois (Mr. Foss] has finds that there have b~en seve~al !Ulings upon slIIlllar prop~1_tions. stated that it was contained in the last general appropriation bill; There W!IB one made .m. the Fiftieth Congr~~s on ~ propoSltion to that it was authorized under the sundry civil bill of last year appropriate for a bnildmg at the West Pomt Military Academy. 1r1r. LITTLEFIELD. That was the first time. · It.was held there by th& then presiding o:fficer and acquiesced in Mr. SHAFROTH. It makes no difference when was the first '!lthout any appeal fyo~ any ~ember of the c_o~mittoo at ~at time. It is the law now. That is the point, and consequently time that t~e appropnation was ~n oi:der. the dec~10n of the Cha1r­ this Coast and Geodetic Survey has the power to do the work man, Mr. Cox, of New York, bemg m the following words:: -unless you cripple it. It would be far better that the Coast and ':l'h~ Chair de<;,ides that within the ip,ea.ning of the pi:ovision j~t read t~e Geodetic Survey should be abolished and that the whole work building proposed .to b~ er~ct~d- firep~f building on site of public . • grounds at W l'!St Point "-is within the purview of the rule. The construc- shonld be m the hands of. the Navy Department, than ~hat we t;ion of.a buili;Iing is an ~cident to the m~tenance of the Academy itself, should have two bureaus, mdependent of each other, with con- the obJe?t beingalreadym ~ro~ess:-the mam object c~ntemplated not only current jurisdiction and each having the right to do the work of by the bill, bat by the very mst1tntion of the Academy itself. the other. Two years ago when a proposition was made in the naval ap- Mr. LITTLEFIELD. Have they done anything under that propriation bill to build some other buildings at Annapolis, the appropriation jn the Philippines? ~ame poin~ of order was raised, and the gentleman who was then Mr. SHAFROTH. I do not know. I think some preparation m the chair, Mr. SHERMAN of New York, ruled as follows: has be~n m'.'lde, but whether it has d~n~ anything or not, the law .The Chair, following the precedent cited, the decision of Chairman Cox, authorizes it, and we can not change it.In this bill. will overrule the point of order. Now, Mr. C~airman, they are continl?-all~ saying that theNavy So that there are these two decisions that were acquiesced in by ~got the ships and that they can do it without any extra cost. the House at the time no one appealing from the decision of the It IS ?-ue the. Navy has a great many ships, but they are not Chair. ' the kmd ?f ships that are used in coast surveys. The ships that The Chair finds that there are other decisions one on an item in are used m surveys by the Coast and Geo~~tic Survey are from the .Indi~n appropriation bill only a short tun~ ago, in 1897, the 2,0 to 400 tons only, and half of them are sa1hng vessels. I should Chair thinks. It was proposed to build a manual training school ~e to see w~e~e Y!JU 'Yould get a contented officer of the Navy at one of t~e Indian reservations, and that was proposed as a part with a~~ a;nbition m him who would want to.spend ~ Y.ear or two of a work m progi·ess, namely, the educating of the Indians. But on a sailino vessel o~ 20 to 400 tons. Mr. Chairman, it IB.not _nat- that pflrlicular proposition was ruled out on a point of order. '??'al !or them to do It. ~ut ~h~n you tak~ a ma.n.who is s~illed '?f course there ai;e the familiar illustrations of propositions to in thIS work_. who makes It his life work, his ambition, he ~ll do build dry docks, which have been held to be not in order where 4444 CONGRESSIONAL RECORD-HOUSE. APRIL 19, . they required the purchase ·of the land, and where the work was Congress I voted for it when it was a matter of much contention, not in progress in any sense of the word. If this was an original although I thought then that the amount,$1,200,000, provided for proposition before the House, the Chair then would not be in ac­ the building then in contemplation was too large; but I was d~ cord with the former rulings, which he has cited above. The sirous of seeing the Naval Academy started, and at that time the Chair is inclined to think that those points were not fully dis­ contention was as to whether it should be started or not, and for cussed before the committee; in neither of these cases was there that reason I voted for the amendment to the bill offered by the much discussion before the committee and in the presence of the gentleman from Maryland, an amendment which was carried in Chair. It is a case of breaking over the rules. Precedents have the House. been established. Now, this measure proposes to appropriate $2,500,000 for cadet The Chair would not, if called upon to rule in the case of a pub­ buildings. I think that amount is too much. When I recall the lic building-of a post-office, for instance, tearing down a post­ simplicity of my college days, I can not but deplore the luxury of office at a given city and building another one on the same lot­ life that has crept into the lives of our students throughout the the Chair would not rule that such a proposition was in order. country, largely as the result of the mistaken generosity of people If this were a new proposition, the Chair would hesitate to declare making large benefactions. I think a life of almost Spartan sim­ it in order, but the Chair feels bound to follow the precedents that plicity is better suited to the health of the youth of thjs country have been set and acquiesced in by Congress, and therefore over- than a life of luxury, and I believe that the best training for a 1·ules the point of order. man who is to enter either the Army or the Navy is a life of Spar­ Mr. CANNON. Mr. Chairman. what is the page? tan simplicity. Such simplicityof life develops the very qualities The CHAIRMAN. It is at the bottom of page 33, and down to that are needed in the men who are to fight our battles-the heroic line 5, on page 34. qualities, qualities of strength and endurance. Mr. CANNON. I desire to offer an amen

The simple fact that confronts you now is this: That you over­ let the other buildings not correspond with the granite boathouse ruled the committee's ideas, and you started upon a complete re­ and the armory? Or if it is absolutely necessary that they should, habilitation of the Naval Academy and its grounds according to let us authorize them to tear down the $1,200,000 worth and make plans that will take, in my humble judgment, as it is admitted in new plans within the six-million limit, rather than go on to the. some hearings, eleven millions and may take eventually $15,000,000. fifteen millions. (ApplauEe.] But you are in this dilemma: You have already provided for two Mr. DAYTON. Mr. Chairman, I will answer the gentleman as buildings according to this plan-this extraordinary and exces­ best I may. I have learned to regard the will of Congress as su­ sive plan that this House determined and embarked upon in the preme. Thjs matter was all explained as earnestly and as fully last Congress. Now, you can not ca1Ty out this plan unless you as we possibly could explain it last year, and your committee carry this appropriation through. fought against it. They thought, and I stated then, as I state Mr. LITTLEFIELD. Are those buildings already contracted now, that there was not a man on the floor who more honestly for and in progress of construction? desired to see a reasonable establishment made there at Annapo­ Mr. DAYTON. These buildings on which Congress overruled lis than myself, but the who!e matter was explained, the plans the committee in the last Congress have already been contracted were brought in here, and the whole thing was shown to the for and are under construction and the money appropriated. House of Representatives, and you adopted that plan; and that You will have a magnificent armory, a magnificent boathouse, in is the reason why we have reported this additfonal building in granite, that will be things of beauty; and if you cut down this accordance with it. I do not see how you can stop now without appropriation, as proposed, you will have a cadet quarters ·that retracting what you did two years ago. will be in no comparison, and will be a thing to be ashamed of, Mr. HILL. Have these other buildings been built? made out of brick. Mr. DAYTON. They are under contract. Mr. LITTLEFIELD. The armory is being built out of granite? Mr. HILL. Is there a single block of granite laid there? Mr. DAYTON. The armory is now being built out of granite, Mr. DAYTON. Oh, yes. acc.:>rding to this plan that was furnished by a private architect, Mr. HILL. There is nothing but the foundation. without any authority on the part of Congress or anybody else, Mr. MUDD. I would like to read from the hearing before the and which this House headlong adopted in the last Congress against Committee on Naval Affairs, from the testimony of Mr. Flagg, the protest of this committee and the members upon the com­ the architect, in order to show that the statement I have made is mittee. correct and that all statements undertaking to show that the re­ Mr. DOLLIVER. Who pays for this plan? construction of this Academy will cost from ten to sixteen nrillions Mr. DAYTON. The architect will get 5 per cent, and in my of dollars, or anything like such a sum, are absolutely false and a judgment his bill will amount to five or six hundred thousand dol­ bold misrepresentation of the facts: lars. Mr. DAYTO:N. Your estimate was for the grounds, building the sea wall, Mr. LACEY. And the more expensive the building the better dredging the basin, and the tearing down of all these quarters, and you esti­ mated it would be $10,000,000? it will be for the architect? Mr. FLAGG. That is a rough estimate. I made as careful an estimate as I Mr. DAYTON. And the more expended the more the architect could, and it was $6,000,000. and the granite $2,000,000; and if you allow for the will get out of it. rise in the price of material, it would be $1,000,000 more. That would be for everything. Mr. LACEY. And the architect's fees will exceed the ordinary Mr. DAYTON. I want to know whether that includes the foundation, and endowment of many of the colleges that graduate more than they does it include the grounds as we11 as removing the old buildings? do at Annapolis? :.. Mr. FLAGG. It is everything. · Mr. DAYTON. I am simply stating the factsr and I am doing That accords entirely with my statement. It was $&,000,000 it in defense of the committee. That which the committee is do­ originally, as estimated by the "Matthews board," to which I ing is nothing Dlore nor less than following your instructions, have refeITed. If you construct all of the buildings, which Con­ given in the strongest possible way, given in the last session, when gress need not do, and construct them all of granite, which Con­ you overruled the committee, when we thought that the matter gress may or may not do, as it sees fit, it would be $8,000.000. ought to be presented in a businesslike way by plan. If the enhanced price of materials, as I have above stated, is to Mr. JONES of Washington. Did Congress contract for the continue, it would be one million more, making nine millions in construction of these buildings? all, providing we construct the cadets' quarters on the original Mr. DAYTON. Congress picked out two buildings and gave estimate of $3,536,000, which Mr. Flagg, in his estimate and in his the appropriation necessary to build them, increased the cost of statement above, had in view and contemplated. But we have them, and provided that they should be of granite, and not of already reduced this estimate $1,036,000, bringing the whole mat­ brick. You can not possibly carry out that plan without appro­ ter, even if, I repeat, we construct all the buildings of granite, priating the sums that are called for, and in the amounts called still within the estimate of $8,000,000. for. In conclusion, I want to say that if my friend from West Virginia Mr. MUDD. I will ask my colleague if he favors the commit­ [Mr. DAYTON], a member of this committee, who, in response to tee report or is against it? my question, declared himself to be one of the friends of this in­ . Mr. DAYTON. I have stood by in the bearings in the com­ stitution-if he is to be considered its friend after his speech and mittee room, and I have sought to solve this proposition and this his statements, then, I say, God save us from our friends! trouble. It has been beyond my ability to do so. Congress, Mr. DAYTON. I am a friend of the institution, but at the which is supreme, has embarked upon this plan which we have same time I want to discharge my duty to this Bouse and-to the adopted, and I stand by the action of the committee, and will vote country. I want to say that in the hearings there are other esti­ for it with the explanation I have made; I do not see what else mates which anybody can refer to if he desires that will sustain you can do, but I do not want to be charged with extravagance my proposition. in allowing an extravagant appropriation to go through without Mr. MUDD. In response to a hostile cross-examination you can explaining to the House that t'he House is responsible for it and get out almost anything you desire. nobody else. Now, if I may be indulged a moment further, I wish to say that Mr. CANNON. Will my friend allow me right there? My the architect's fees as included in these estimates are regulated friend says, if I unde1·stand him, that we have already appropriated by the American Institute of Architects. So far as he has gone Sl.200,000 to build an armory and a boathouse. (and there has been no contract made with him for anything Mr. MUDD. A power house. further) he gets 6xactly what architects employed under the au­ Mr. CANNON. One million two hund1·ed thousand dollars to thority of the Treasury Department get-what is given to the build two or three houses and that that contract has been made architect of the New York custom-house and the Baltimore within that limitation. custom-house and public buildings put up in different parts of Mr. DAYTON. Yes; and according to this plan. this country, the same fees also that are paid for private work­ Mr. CANNON. And if we work out this plan and get all of it exactly what architects get all over the country. to suit the boathouse and the armory, that it will cost, as the hear­ The gentleman from West Virginia knows this to be the fact. ing says, eleven millions, and, as my friend says, possibly fifteen The architect offered to exhibit books which would show satisfac­ millions. torily to members of this House, as has been shown to the satis­ Mr. DAYTON. I do. It shows that it is eight million and some faction of the Secretary of the Navy, that after the payment of dollars without the purchase of additional ground required, and employees and other expenses the fees of the architect would that runs it up to eleven millions, but these estimates are not amount to only $1.36 per cent. All I want is that the facts of this accurate. case be shown to the House, and I think it will then be seen that l\fr. CANNON. Now, these estimates were made when prices the committee in reporting this provision has acted wisely and in were at low tide. exact accord with what is the custom with reference to similar Mr. DAYTON. Yes. fees for buildings constructed under the Treasury Department l\ir. CANNON. Since that time there has been an apprecia­ and other Departments of the Government that may be intrusted tion in material and prices from 33 to 50 per cent, so the estimates with the construction of Government buildings. ought to be, at present prices, from eleven to twelve million dol­ Mr. SOUTHARD. Mr. Chairman, I do not want to be con­ lars. Now, I want to ask my friend if he does not think it wise to sidered an enemy of this institution simply because I object to 4446 CONGRESSIONAL RECORD-HOUSE. APRIL 19, the expenditure of ten or fifteen million dollars f?r its rehabilita­ of this Capitol, could fail to find proper expre:SSion in much hum­ tion. I have no criticism to make of the comm1ttee. w_e stood bler quarters than we now occupy. If necessity and economy are here last year and opposed.wl;iat we knew woul?- comnnt Con­ to be the guide of our conduct, then, sir, apply them not only to gress, or practically commit it, to a scheme which we thought the home of the boys who are to protect the flag on the high seas ought not to prevail. against the attack of other nations, but apply them everywhere. A few vears aO'o a Board of Visitors was appointed to visit the We consti·uct magnificent steamshiJJS. We arrange the offi~rs' Annapolfs Acad~my. The result of a recomme.ndation of that qua1·ters with an eye not only to then· comfort, but the luxnnous Board of Visitors was-the appointment of what is known as the entertainment of the occupant. Matthews board. That board employed an architect, as I recol­ I have never heard it said, sir, that the prowess and courage, lect, to devise plans for the reconstruction of this institution; _and the audacious valor of the officers of the United States Navy have he evolved a magnificent scheme for that purpose. It pr?"."1ded been affected by the luxury of their staterooms, and I should hesi­ for the making of new grounds and the purchase of additional tate to believe that the capacity, fidelity, and efficiency of an offi­ grounds. It provided for an a~mory here, and a boathouse_ th.ere, cer of the United States Navy should be in any wise controlled by with a magnificent structure m the center, and other buildings his environment. located elsewhere. [Here the hammer fell.] As we believed then and believe now, the total cost of carrying Mr. FOSS. Mr. Chairman, I move to close the debate in five out the scheme proposed would not be less than $10,000,000, and minutes. might amount to $15,000,000. Nobody can tell what the to~al The motion was agreed to. cost will be when this scheme is finallyconsummated. Why, sir, Mr. CUIDIINGS. Mr. Chairman, this undertaking is not an the architect's fee-I admit it is the usual architect'~ fee;.n~body undertaking of the Committee on Naval Affairs. The Committee is complaining of the architect who may put up thIS buildmg­ on Naval Affairs came here with a proposition that the whole but the architect's fee alone will be more than the endowment of matter should be submitted to five of the leading architects of the a good many colleges in this country that turn out annua~ly double country, without specifying the five. the number of students that are turned out at AnnapolI.s .. The proposal to rebuild the Naval Academy has been before ·when the appropriations were prop~se~ for the bmlut they were when yon made the first appropriation. Now that the what we were doing; that we were entermg upon_ a scheme which committee have carried out the wishes of the House and have them­ would involve this Government to the extent pomted out to-day. selves cut down over a million of dollars the estimates sent to them I say it is better that we should retrace our steps here and now, by the Navy Department, you propose to destroy ~be. whole plan and or begin to do so, than attempt to ~arry out this extrav:agant to erect some kind of a horse shed-at least, a bmldmg entirely out scheme which is attempted to be fo15ted upon Congress m the of proportion to the other buildings-and to turn down this appro­ wav I have endeavored briefly to indicate. priation. (ffere the hammer fell. l :Mr. PEARRE. "Mr. Chairman, I will not detain the Hous.e Mr. Chairman, this appropriation was not made alone for quar­ more than a few minutes in stating my views upon the proposi- ters for the cadets. The library is to be removed there. The mu­ tion which this Committee of the Whole is now conside:ing. . seum is to be stationed there. It is to be a historical building. It I have listened with a great deal of interested attention to this is to be a building calculated to stan~ the storms of a tho~s~nd years. We have in .the N av_a.1 Committee cut dow~ the or1gmal discussion on both sides; and to my mind the controvers.y seems to plans for that building, takmg. $500,000 off the estimates: :i'he ba.ve resolved itself into this question: Whether the Umted States orio'ina.l plan provided for a wmg on each end of the buildmg. Government shall return to the pristine ''simplicity of the fathers," W~ have agreed to discard them. The building i.s to be con­ which has been expatiated upon so eloquently by the gentleman structed in accordance with the general plans; and if you reduce from Nevada (Mr. NEWLANDS J, or whether this nation, the greatest on the earth entered now upon a career of world power, shall the appropriation, yon will have a granite boathouse, -a brick build­ build almost beneath the shadow of this magnificent building, the ing for the cadets, a slab building for something else, an<;I ~l~ sorts of buildings, like Joseph's coat of many col?rs, on _exh1~ition as Capitol of the United States, a sufficient and decent home for the the great American Naval Academy, for the mspect10n of the na­ futm·e officers of the Navy of the United States. tions of the world. 1 submit that common sense requires that we If we are to be governed in t~is. matter by considera~ons of aboolute necessity and the most rigid economy, I agree with the should give the appropriation which ~he unwilling Naval Com­ gentleman from Nevada, and say, tear do!"ll the old buildings mittee has allowed, in accord with the dictum of the last House. which now disgrace the campus at Annapohs and house the boys [Applause.] in little dog tents. Let them get down to the "simplicity" of The CHAIRMAN. The question is on agreeing to the amend­ Valley Forge. • . . . ment offered by the gentleman from lliinois [Mr. CANNON]. But, sir, if this Congress .18 to ~ut~orize appropr~ations to com­ Mr. CANNON. I desire to withdraw that amendment and to port with the dignity of thlS nations power, then it seems to me offer the following-- there can not be a question as to what is the proper course to be The CHAIRMAN. Without objection, the gentleman can with­ pursued upon the amendment s~ggested .by the gentlemaI_I from draw his amendment and substitute another. Illinois. It is quite true that, if necessity alone be co~1der~d, Mr. WHEELER of Kentucky. hhallobjecttothewithdrawal $50,000, $75,000, or $100,000 may be all that are needed .. It is qmte of the original amendment. I true that you may go even lower tha~ that and P1:0VIde no bar­ Mr. MUDD. I want to hear it read before consent, Mr. Chair· racks and no sufficient comfort or samtary protection for the fu- man. ture officers of the Navy. . The CHAIRMAN. Objection is made. Mr Chairman this Government has not been mfluenced by Mr. CANNON. Then I offer this amendment as a substitute that penny-wise pound-foolish policyin ~he construction of.anyof for the section. its public buildings. It will not be demed that the operations of The CHAIRMAN. The gentleman offers the following as a. the War Department could be successfully and properly Caragraph. Under clause 2 of Rule XXIV, Senate joint resolution of the fol­ Mr. CANNON. Then I will offerit as a substitute for the whole lowing title was taken from the Speaker's table and referred to paragraph. rcries of "Regular order!"] its appropriate committee as indicated below: r.rhe CHAIRMAN. The Chair would be glad for the gentleman to put it in form so that the Clerk can report it. S. R.115. Joint resolution authorizing the Secretary of the Navy to cause bronze medals to be struck and distributed to certain offi­ The Clerk read as follows: cers and men who participated in the war with Spain, and for Insert as substitute for the.Paragraph in line 24:, page 33, and in line5 pacre other purposes-to the Committee on Naval Affairs. 84, the following: ' ., "Buildings and grounds, Naval Academy~ Toward the construction at the ENROLLED 13ILLS SI-GNED. Na.Yal .Academy, Annapolis, Md., of a building suitable for use as cadets' q.uartera. $351),000: Provided, That before any part of this sum is expended Mr. BAKER, from the Committee on Enrolled Bills, reported plans shall be p.repro·ed and approYed by the Secretary of the Navy cove1·ing that they had examined and found truly enrolled bills of the fol­ &11 contemplated new buildings and imnroveme.nts at the Nav:U Academy lowing titles; when the Speaker signed the same: which .Plans shall involve a total expenditure of not more than $6.cxxwoo: H. R. 6959. An act to enend the provisions of an act entitled includin~ the sum of $1.200.000 heretofore appropriated and the sum herein appropriated for said buildings and impro>ements." "An act granting increase of pension to soldiers of the .Mexican war in certain eases," approved January 5, 1893; and Mr. WHEELER of Kentucky. A parliamentary inquiry, 'Mr. H. R. 4001. An act authorizing the adjU&tment of rights of set­ Chairman. tlers on the Navajo Indian Reservation, Tenitory of Arizona. 4448 . CONGRESSIONAL RECORD-HOUSE. APRIL 19,

The SPEAKER announced his signature to enrolled bill and REPORTS OF COMMITTEES ON PUBLIC BILLS AND joint resolution of the following titles: RESOLUTIONS. S. R. 114. Joint resolution for the relief of Garfield Hospital; Under clause 2 of Rule XIII, bills and resolutions of the follow­ and ing titles were severally reported from committees, delivered to S. 2942. An act granting an increase of pension to William the Clerk, and referred to the several Calendars therein named, Padgett. as follows: LEAVE OF ABSENCE. Mr. MIERS of Indiana, from the Committee on Invalid Pen­ By unanimous consent; leave of absence was granted as follows: sions, to which was referred the bill of the House (H. R. 9886) to To Mr. LANE, for one week, on account of important business. restore certain widows to the pension roll, reported th!3 same To Mr. HAUGEN, indefinitely, on account of illness. with amendment, accompanied by a report (No. 1087); which said To Mr. GREENE of MassachusEJtts, for five days, on account of bill and report were referred to the Committee of the Whole important business. House on the state of the Union. Mr. OTEY, from the Committee on the District of Columbia, to WITHDRAWAL OF PAPERS. which was referred the resolution of the House (H. Res. 224) rela­ Mr. ALEXANDER, by unanimous consent, obtained leave to tive to guards and watchmen at the male workhouse in the Dis­ withdraw from the files of the House, wi~hout leaving copies, the trict of Columbia, reported the same without amendment, accom­ papers in the case of N. Ward Cady, Fifty-fifth Congress, no ad­ panied by a report (No. 1089); which said resolution and report verse report having been made thereon. were referred to the House Calendar. CONCORD AND LEXINGTON, Mr. CAPRON, from the Committee on Military Affairs, to which was refened the bill of the House (H. R. 6876) providing Mr. FITZGERALD of Massachusetts. Mr. Speaker, to·day is for the transfer to Post 39, Grand Army of the Republic, of cer­ the one hundred and twenty-fifth anniversary of the battle of Con­ tain guns now in possession of Battery C, Massachusetts Volunteer cord and Lexington. The State of Massachusetts celebrates this Militia, reported the same with amendment, accompanied by a day a public holiday, and I think it is' proper that this House report (No. 1090); which said bill and report were referred to the should not adjourn until the resolution which I have sent to the Committee of the Whole House on the state of the Union. Clerk's desk may be read and its contents made part of the o~cial Mr. HOPKINS, from the Select Committee on the Census, to proceedings of this day. which was referred the bill of the House ( H. R. 10696) relating to the Washington is noted for its monuments to the statesmen and Twelfth and subsequent censuses, and giving the Director thereof patriots of this country. The public squares of the city will con­ additional power and authority in certain cases, and for other tinue to be adorned year after year with the products of the purposes, reported the same with amendment, accompanied by a sculptor's art, commemorating the deeds of some of America's report (No. 1091); which said bill and report were referred to the greatest sons. What worthier subject to call out the skill and Committee of the Whole House on the state of the Union. excellence of one of our great sculptors than the story of the em­ battled farmer, who on the field of Lexington and Concord, on the 19th of April, 1775, fired the shot which was heard around the REPORTS OF COMMITTEES ON PRIVATE BILLS .A.ND world. These were the first American patriots, and here in the RESOLUTIONS. nation's capital, the seat of government of this great Republic, Under clause 2 of Rule XIII, private bills and resolutions of it seems to me fitting that a monument of New England granite the following titles were severally reported from committees, de· should be reared that the present and future generations may be Ii vered to the Clerk, and referred to the Committee of the Whole greeted with concrete evidence of the love and admiration that House, as follows: ·the nation bears these heroes. Mr. MAHON, from the Committee on War Claims, to which The SPEAKER. Withoutobjection, the resolution will be read, was referred the bill of the House (H. R. 383) for the relief of the after which it will be referred to the Committee on the Library. Globe Works, of Boston, Mass., reported the same without amend­ The Clerk read as follows: ment, accompanied by a report (No. 1088); which said bill and Resolved, That there be, and hereby is, approprin.ted, out of any money in the Treasury not otherwise appropriated, the sum of s.50,000 to erect a monu· report were referred to the P1·ivate Calendar. ment in one of the public squares of Washington to commemorate the virtues He also, from the same committee, to which was referred the and the bravery of the embattled farmer whose shot, fired in the field of bill of the Senate (S. 2259) for the relief of Jeronemus S. Under.. Concord and Lexington one hundred and twenty.five years ago to-day, heard hill, reported the same without amendment, accompanied by a around the world, blazed the way for American freedom and made possible the independence of the thirteen States. report (No. 1086); which said bill and report were referred to the Private Calendar. THE TWELFTH CENSUS. Mr. HOPKINS. Mr. Speaker, I have been directed by the Com­ PUBLIC BILLS, RESOLUTIONS, AND MEMORIALS mittee on the Census to report back House bill 10696, with a favor­ INTRODUCED. able recommendation. Under clause 3 of Rule XXII, bills, resolutions, and memorials The SPEAKER. The Clerk w111 report the title. of the following titles were introduced and aeverally referred as The Clerk read as follows: follows: A bill (H. R. 10696) relating to the Twelfth and subsequent censuses, and giving the Director thereof additional power and authority in certain cases, By Mr. MIERS of Indiana: A bill (H. R. 10838) granting pen.. and for other purposes. sions to soldiers, sailors, and marines who have reached the age The SPEAKER. Ordered printed and referred to the Commit­ of 62 years-to the Committee on Invalid Pensions. tee of the Whole House on the state of the Union. By Mr. TERRY: A bill (H. R. 10839) to provide for a macad­ Mr. FOSS. Mr. Speaker, I move that the House do now ad­ amized approach and roadway to the national cemetery at Little journ. Rock, Ark., and for a suitable wall or iron fence around said cem­ The motion was agreed to; and accordingly (at 5 o'clock and 20 etery, and other improvements therein-to the Committee on Mili­ minutes p. IQ.) the House adjourned untilto-morrow at 12 o'clock tary Affairs. noon. By Mr. STEPHENS of Texas: A bill (H. R. 10840) providing compensation to United States commissioners in ound where States-to the Committee on Claims, and ordered to be printed. the depth of water exceeds 17 feet, thence to the mouth and up A letter from the assistant clerk of the Court of Claims, trans­ said river to the intersection of Dog' River, thence up Dog River mitting a copy of the conclusions of fact and law in the case of 3 miles-to the Committee on· Rivers and Harbors. the schooner Little Win, William Tallman, master, against the By Mr. WILSON of Arizona: A bill (H. R. 10843) to amend an United States-to the Committee on Claims, and ordered to be act entitled "An act to amend an act to prohibit the passage of printed. local or special laws in the Territories, to limit Ten-itorial in­ A letter from the assistant clerk of the Court of Claims, trans­ debtedness, and so forth "-to the Committee on the Territories. mitting a copy of the findings filed by the court in the case of By Mr. LEVY: A bill (H. R.10844) to reduce revenue, and for Thomas S. Thrasher, administrator of the estate of Robert K. other purposes-to the Committee on Ways and Means. Thrasher, against the United States-to the Committee on War By Mr. MORRIS: A bill (H. R. 10945) to provide for the relief Claims, and oraered to be printed. of certain settlers upon Wisconalb. railroad lands forfeited under 1900. CONGRESSIONAL RECORD-HOUSE. 4449 the act of September 29, 1890, which lands were treated by the By Mr. ADAMS: Petition of the P~iladelphia Board of _Trade, Interior Department erroneously as Chicago, St. Paul, Minneapol~s favorable to the passage of House bill No. 10035, amendmg the and Omaha indemnity lands-to the Committee on the Public pcstal laws relating to second-class mail matter-to the Committee Lands. on the Post-Office and Post-Roads. By Mr. VANDIVER: A bill (H. R. 10846) to authorize the con­ Also, petition of the Chamber of Commerce Association of. Kan­ struction of a bridge across the Mississippi River at or near Cape sas G'ity, Kans., in relation to the site selected for the ere~t1on of Girardeau, :Mo.-to the Committee on Interstate and Foreign a Federal building in Kansas City, Kans.-to the Committee on Commerce. Public Buildings and Grounds. By Mr. COOPER of Wisconsin: A joint resolution (H.J. Res. By Mr. BINGHAM: Petition of the .Philadelphia Boar~ of 241) to provide for the administratio~ of ci_vil affairs in_ P?rto Rico Trade, opposing the pmchase of the Erie Canal by the Umted pending the ~ppointment and quah~cahon of the. mv1l officers States Government-to the Committee on Railways and Canals. providea for m the .~ct approved April 1~, ~900, entitled "An act Also, resolutions of the Philadelphia Board af Trade, favoring temporarily to provide reYenues and a civil government foi: the the enactment of House bill No. 10035, to amend the postal laws island of Porto Rico, and for other purposes "-to the Committee relating to second-class mail matter-to the Committee on the on Insular Affairs. Post-Office and Post-Roads. By Mr. McCLEARY (by request): A resolution (H. Res. 232) By Mr. BULL: Petitions of Building Trades Council and the requesting certain papers on file in the Att-Orney-General 's Office­ Central Labor Council of Cincinnati, Ohio, against any legislation to the Committee on the Judiciary. increasing the tax on oleomargarine-to the Committee on Agri­ By Mr. FITZGERALD of Massachusetts: A resolution (H. Res. culture. 233) in relation to erecting a monument to commemorate the vir­ Also. resolutions of the Civil War Veterans' Association, Cus­ tues and the bravery of the embattled farmer, whose shot, fired toms Servke, Port of New York, in favor of giving preference in in the field of Concord and Lexington, etc.-to the Committee on appointments to soldiers of civil and Spanish-American wars-to the Library. the Committee on Reform in the Civil Service. Also, petition of Rodman Post, No. 12, of Providence, R. I., • PRIVATE BILLS AND RESOLUTIONS INTRODUCED. Grand Army of the Republic, in favor of a bill locating a Branch Under clause 1 of Rule XXII, private bills and resolutions of Soldiers' Home near Johnson City, Tenn.-to the Committee on the following titles were introduced and severally referred as Military Affairs. follows: By Mr. Bu"'"RKE of South Dakota: Sundry petitions of fa1·mers By Mr. ALEXANDER: A bill (H. R. 10847) granting a pension in the State of South Dakota, to amend the present law in relation to Betsey A. Summers-to the Committee on Pensions. to the sale of oleomargarine-to the Committee on Agriculture. By Mr. BRENNER: A bill (H. R. 10848) granting a pension to By Mr. BUTLER {by request): Petition of the Chester Union, Mary A. Miller-to the Committee on Invalid Pensions. No. 207, Carpenters and Joiners of America, State of Pennsylva­ By Mr. COONEY: A bill (H. R. 10849) granting an increase of nia, for the building of one or more new war ships in Government pension to Elias J. Kenaday-to the Committee on Invalid Pen­ navy-yards-to the Committee on Naval Affairs. ·sions. By Mr. CAPRON: Resolutions of the Building Trades Council By Mr. DRIGGS (by request): A bill (H. R. 10850) to pension and the Central Labor Council of Cincinnati, Ohio, opposing the John W. Smoot-to the Committee on Invalid Pensions. passage of the Grout oleomargarine bill-to the Committee on By Mr. FLYNN: A bill (fl. R.10851) authorizing the Secretary Agriculture. of the Interior to issue patent to the city of Woodward, Okla., for Also, petition of citizens of Norwood, R. I., urging the passage cemetery purposes-to the Committee on the Public Lands. of the Grout bill taxing oleomargarine-to the Committee on By Mr. HAMILTON: Abill (H. R.10852)forthereliefof Joseph Agriculture. Staley-to the Committee on Military Affairs. Also, petition of Joseph H. McCarthy and 13 other substitute Also, a bill (H. R.10853> granting a pension to Lovinia Parker­ letter carriers of Providence, R. I., in favor of Honse bill No. 1051, to the Committee on Invalid Pensions. relating to grading of substitute letter carriers-to the Commit­ By Mr. JACK: A bill (H. R. 10854) granting an increa'ie of tee on the Post-Office and Posi;-Roads. pension to Samuel Reed-to the Committee on Invalid Pensions. Also. petitions of the Woman's Christian Temperance Union Also, a bill (H. R. 10855) granting an increase of pension to of Westerly, R. I.; Christian Endeavor Society of the Roger Wil­ Mary L. Dryden-to the Committee on Invalid Pensions. liams Baptist Church, of Providence, R. I., and R. D. Frost and F. J. _ By Mr. LOUDENSLAGER: A bill (H. R.10856) toincreasethe Nash, of Chepachet, R. I., for the passage of a bill to forbid liquor pension of Sarah A. Robinson-to the Committee on Pensions. selling in canteens and in the Army, Navy, and Soldiers' Homes­ By Mr. McCALL: A bill (H. R. 10857) granting an increase of to the Committee on Military Affairs. pension to Theophile A. Dauphin-to the Committee on Invalid By Mr. ELLIOTT: Petitions of S. B. King and others and A. H Pensions. · Dupre and other citizens of South Carolina. m behalf of the exten­ By Mr. PEARRE: A bill (H. R.10858) fo1· thereliefof Catharine sion of Estherville Minim Canal southwardly-to the Committee A. Talburtt, administratrix-to the Committee on War Claims. on Rivers and Harbors. By Mr. PRINCE: A l?ill (H. R. 10859~ granting a. pensio?- to By Mr. EMERSON: Petition of C. D. Hammond Post, of Crown­ Harriet Osgood Clendenm-to the Committee on Invahd Pensions. point, N. Y., Grand Army of the Republic. in favor of House bill By Mr. SAMUEL W. SMITH: A bill (H. R. 10860) granting a No. 7094, to establish a Branch Soldiers' Home at Johnson City, pension to Charlotte M. Barnum-to the Committee on Invalid Tenn.-to the Committee on Military Affairs. Pensions. By Mr. ESCH: Petition of citizens of Ettrick, Wis., in favor of Also. a bill (H. R. 10861) granting an incrflase of pension to the Grout oleomargarine bill-to the Committee on Agriculture. Edward H. Dickerman-to the Committee on Invalid Pensions. Also, petition of John Flynn Post, No. 77, of La Crosse, Wis., By Mr. SPIGHT: A bill (H. R. 10862) for the relief of the heirs of and Peter Weber Post, No. 257, of Fountain City, Wis., Grand Mrs. Louisa Ragsdale, late of Tate County: Miss.-to the Com­ Army of the Republic, in favor of House bill No. 7094, to establish mittee on War Claims. a Branch Soldiers' Home at Johnson Gl.ty, Tenn.-to the Commit­ By Mr. TAYLOR of .Alabama: A bill (H. R. 10863) to confer tee on Military Affairs. jurisdiction upon the Court of Claims to adjudicate the claim of By Mr. GLYNN: Papers to accompany House bill No 10815, Thomas W. McDonald, as administrator of the estates of James M. granting a pension to Lucius K. Smalling-to the Committee on and Timothy Meaber, and to remove the bar of the statute of lim­ Invalid Pensions. itations therefrom-to the Committee on Claims. Also, paper to accompany House bill No. 10817, relating to the By Mr.VANDIVER: A bill (H. R. 10864) forthe relief of Polly claim of Walter F. Robinson-to the Committee on War Claims. Old, widow of William E. R. Old, deceased-to the Committee Also, petition of P. J. Fitzpatrick and others. of Albany, N. Y., on War Claims. to accompany Honse bill No. 5654. for the relief of Thomas E. By Mr. CALDERHEAD: A bill (H. R. 10865) for the relief of Wilson and others-to the Committee on Claims. Jane Boller-to the Committee on Claims. Also, petitions of William A. Jackson Post, No. 644, of Albany, By Mr. MESICK: A bill 1H. R. 10866) granting an increase of N. Y., and Walter A. Jones Post, No. 371, of Watervliet, N. Y., pension to Henry H. Ancliff--to the Committee on Invalid Pen­ Grand Army of the Republic, in favor of Honse bill No. 7094, to sions. establish a Branch Soldiers' Home at Johnson City, Tenn.-to the Committee on Military Affairs. PETITIONS, ETC. By Mr. GRAHAM: Petition of the Chamber of Commerce As­ Under clause 1 of Rule XXII, the following petitions and papers sociation of Kansas City, Kans.. in relation to the site selected for were laid on the Clerk's de3k and referred as follows: the erection of a public building in Kansas City, Kans.-to the By the SPEAKER: Petition of Aug. Happenworth and 56 Committee on Public Buildings and Grounds. other citizens of Bremer County, Iowa, and Jacob Kerper and 43 By Mr. GREENE of Massachusetts: Petition of fourth-class citizens of New Vienna, Iowa, to amend the pre:sent law in relation postmasters of Barnstable County, Mass., prayi?g for the passage to the sale of oleomargarine-to the Committee on Agriculture. of the Cummings bill increasing the compensation of postmasters

XX:X.III~279 4450 CONGRESSIONAL RECORD-SENATE. APRIL 20,

of the fourth-class post-offices-to the Committee on the Pos t-0.ffice and Post-Roads. SENATE. By Mr. HA11ILTON: Petition of Wadsworth Post, No. 49, of FRIDAY, Ap1'il 20, 1900. Lawrence, ~lich., Grand A1·my of the Republic, in favor of the establishment of a Branch Soldiers' Home near Johnson City, P1·ayer by the Cl•aplain, Rev. W. H. MILBURN, D. D. Tenn.-to the Committee on Milita1·y Affairs. T~e Secretary proceeded to read the Journal of yesterday's pro­ By Mr. KERR: Petition of Miller :Moody Post, No. 314, Grand ceedmgs, when, on request of Mr. GALLINGER, and by unanimous Army of the Republic, of Belleville, Ohio, in regard to pension consent, the further reading was dispensed with. legislation-to tbe Committee on Invalid Pensions. The PRESIDENT pro tempore. Without objection, the Jour­ By Mr. LITTAUER: Petition of Col. Hiram Anderson Post, No. nal will stand approved. 425, of Massena, N. Y., Grand Army of the Republic, favoringthe VESSEL SLOOP ALlIENA. establishmentof a BranchSoldiers'HomeatJohnsonCity, Tenn.­ The PRESIDENT pro tempore laid before the Senate a commu­ to the Committee on Military Affairs. nication from the assistant clerk of the Court of Claims, trans­ By l\1r. L ITTLEFIELD: Petitions of citizens of Wales and mitting the conclusions of fact and of law under the act of January South Waterford. l\Ie., in favor of the bill to increase the tax on 20, l 885, in the French spoliation claims set out in the annexed oleomargarine-to the Committee on Agriculture. findings by the court relating to the wssel sloop Almena, John By Mr. McCALL: Petition of Willard C. Kinsley Post, No.139, Smith, master; which, with the accompanying paper, was referred of Somerville, Ma">s., Grand Army of the Republic, in favor of a bill to the Committee on Claims. and ordered. to be printed. locating a Branch Soldiers' Home near Johnson City, Tenn.-to thA Committee on Military Affairs. VESSEL SCHOO~ER ADAMS. Also, papers to accompany House bill to increase the pension of The PRESIDENT pro tempore laid before the Senate a commu­ Theophile A. Dauphin-to the Committee on Invalid Pensions. nication from the assistant clerk of the Court of Claims, trans­ By .l\lr. McCLEARY (by request): Petition of George L. Hough­ mitting the conclusions of fact and of law filed under the act of ton and affidavits to accompany Honse bill relative to certain January 20, 1885, in the French spoliation claims set out in the matters in the Department of Justice-to the Committee on the annexed findings by the court relating to the vessel schooner Judiciary. Adams, Stephen Brown, master; which, with the accompanying By Mr. McDOWELL. Petitions of Typographical Union No. papers. was referred to the Committee on Claims, and ordered to 69, American Flint Glass Workers' Union No. 30, Iron Molders' be printed. Union No. H>2, Cigar :Makers' Union No. 176, United Brewery MESSAGE FROM THE HOUSE, Workmen's Union No.162, all of Newark, Ohio, for the passage of A message from the House of Representatives. by Mr. H. L. a bill for the equalization of the salaries of letter carriers-to the OVERSTREET, one of its clerks, announced that the House bad Committee on the Post-Office and Post-Roads. agreed to the amendments of the Senate numbered 1, 2, 5. 6, 7, and Also. petition of citizens of Mount Hope, Ohio, to amend the 8 to the bill (H. R. 10-149) making appropriations to supply addi­ present law in relation to the sale of oleomargarine-to the Com­ tional urgent deficiencies in the deficiencies in the appropriations mittee on Agriculture. for the fiscal year ending June 30, 1900, and for other purposes; By Mr. NAPHEN: Resolutions of the Omaha (Nebr.) Commer­ agrees to the amendments of the Senate numbered 3 and 4, each· cial Exchange Club. in relation to the reclamation and settlement with an amendment; in which it requested the concurrence of the of arid lands, etc.-to the Committee on the Public Lands. Senate. By Mr. NEVILLE: Resolutions of Omaha (Nebr.) Commercial The message also returned to the Senate, in compliance with its Club, in relation to the reclamation and settlement of arid lands­ request, the bill (S. 3436) granting a pension to Caroline Wein­ to the Committee on the Public Lands. himer. By l\ir. PEARRE: Paper to accompany House bill for the relief ENROLLED BILLS SIGNED. of Catherine A. Talburtt. administratrix of the estate of George W. Talburtt. deceased-to the Committee on War Claims. The message further announced tba.t the Speaker of the House By Mr. SHERMAN: Petition of J.E. Jenkins Post, No. 526, of had signed the following enrolled b11ls and joint resolutions; and Vernon, N. Y., Grand Army of the Repuhlic, in favor of the es­ they we1·e thereupon signed by the President pro tempore. tablishment of a Branch Soldiers' Home near Johnson City, A bill (S. 2942) granting an increase of pension to William Tenn.-to the Committee on Military Affairs. Padgett; By Mr. SPERRY: Petition of E. C. Seward and other vessel A bill (H. R. 4001) authorizing the adjustment of rights of set­ owners on Long Island Sound, praying for the building of a break­ tlers -on the Navajo Indian Reservation, Territory of Arizona; water and harbor of refuge at Sachems Head, Conn.-to the Com­ A bill (H. R. 6959) to extend the provisions of an act entitled mittee on Rivers and Harbors. ''An act granting increase of penSJon to soldiers of the Mexican By l\Ir. STEPHENS of Texas: Petition of Canby Post, No. 48, war in certain cases," approved January, 1893; of Jacksboro, Tex., Grand Army of the Republic, in favor of a A joint resolution (S.· R. 114) for relief of Garfield Hospital; bill locating a Branch Soldiers' Home near Johnson City, Tenn.­ and to the Committee on Military Affairs. A joint resolution (H. J. Res. 235) authorizing the exhibit of By Mr. SULLOWAY: Petition of Joe Hooker Post, No. 51, of Government relics at the New York Printing Exposition from Raymond, N. H., Grand Army of the Republic, favoring the estab­ May 2 to June 2, 1900. lishment of a Branch Soldiers' Home at Johnson City, Tenn.-to ALLOWANCE OF EXCEPTIO~S. the Committee on Military Affairs. Mr. HOAR. Before the morning. busl.ness, I ask unanimous Also, petition of the Woman's Christian Temperance Union of consent to correct an omission I made yesterday. When the bill Manchester, N. H .. for the passage of a bill to forbid liquor sell­ (H. R. 8::166) to amend section 953 of the Revised Statutes, relating ing in canteens and in the Army, Navy, and Soldiers' Homes-to to the allowance of exceptions, was passed, I stated thatit was my the Committee on Military Affairs. purpose to ask for a conference. I forgot after the bill had passed By Mr. T0.)1PKINS: Resolutions of Post No. 598, of Highland to make the request. The bill has not goneto the House; the Sec­ Falls, N. Y., Grand Army of theRepnblic,infavorof a bHl locat­ retary has retained it; and I now move that the Senate request a ing a Branch Soldiers' Home nea1· Johnson City, Tenn.-to the conference with the House of Representatives on the bill and Committee on Military Affail·s. amendment. By Mr. VANDIVER: Petition of Polly Old, of Missouri, pray­ The motion was agreed to. ing reference of war claim to the Court of Claims-to the Com­ By unanimous consent, the President pro tempore was author­ mittee on War Claims. ized to appoint the conferees on the part of the Senate; and Mr. By Mr. VRE.ELAND: Petition of citizens of Friendship, N. Y., HOAR, Mr. PLATT of Connecticut, and Mr. BACON were appointed. for the repeal of the tax on medicines, perfumery, and cosmetics­ to the Committee on Ways and Means. PETITIONS AND MEMORIALS. Also. resolution of Cottage Grange, No. 829, State of New York, The PRESIDENT pro temp01·e presented a. petition of the Postal in favor of the bill to tax oleomargarine-to the Committee on Clerks' Association of New York, praying for the enactment of Agriculture. legislation to promote the commerce and increase the foreign Also, resolutions of Rossburg Post, Allegheny Post, Tuchna Post, trade of the United States: which was ordered to lie on the table. and Standards Post. Department of New York, Grand Army of Mr. WELLINGTON presented a petition of 74citizens of Mary­ the Republic, in favor of the establishment of a Branch Soldiers' land, praying that an appropriation be made to pay the depositors Home near Johnson City, Tenn.-to the Committee on Military of the failed Freedman'sSavmgs Bank and Trust Company; which Affairs. was referred to the Committee on Finance. By Mr. WILSON of Idaho: Seven petitions of citizens of Nez Mr. DA VIS presented a petition of the Department of :Minne­ Perce County, Idaho, favoring the passage of House bill No. 996, sota, Grand Army of the Republic, praying for the establishment providing for free homesteads-to the Committee on the Public of a national pa1·k at Fort Ridgely. in that State; which was re­ Lands. ferred to the Committee on Public Lands.