1912. CONGRESSIONAL REOORD--SENATE. . 10259 the judiciary ; to the Commrtte.e on Interstate and Foreigp SENATE. Commerce. By Mr. LI:NDSAY :· Memorial: of Regufar Colored· Demoeratic 'FuESDAY, August 6~ 191E. Association, of Brooklyn, N. Y., favoring passage of Senate bill The Senate met at 10 o'clock a.. m. No. 180 relative to celebration of fiftieth anniversary of the free- Prayer by the Chaplain:, Rev. Ulysses G. B. Pierce, D. D. ing of the negro ; to the Committee on Industrial Arts and Ex- Mr: BACON took the chair as President pro tempore under positions. the previous order of the Sena-te . .Also, memorial of board of managers of the New York Pto- The Secretary proceeded to read the Journal of yesterday's duce Exchange, favoring passagl' of House bill 25572, to amend. proceedings, wben, on request of Mr. SM-OOT and by unaoimous the laws relating to the judiciary; to the Committee en Inter.- consent, the further reading was dispensed with and the Journal state and Foreign. Commerce. was approved. Also, memorial of American Association of Dairy, Food, and l\Ir. OVERl\IAN. l\lr. President, I suggest the absence of a Drug Officials, favoring passag-e of the Gouid weight and quorum: · measure bill; ta the Committee on Interstate and Foreign. Cbm- The PRESIDENT pro tempore. The Sen.a.tor from North merce. · Carolina suggests the absence of a quorum. The Secretary will By .!\Ir. 1\IcCOY: Petition of Order of Railway Conductors of proceed to eall the roll. America, Division No. 175, against passage of employers' liatiil·· The Secretary called th{\ p>11, and the folk>wing s~na.tars ity :md workmen's compensation act; to the: Committee on the answered te their names: V J'udiciary. . Ashurst Culberson Mart!-n·, Va:. Smith, ..!.riz. Also, memorial of Hebrew Vetemns of the War with Spain, B~on Cullo~ Martine, N. J. Smith, s. C. · · tin · · ti to th C Bailey Cummms Massey Smoot against passage o f bills restr1c g mumgra on ;. e om-· · Bankhead Gallinger Myers. Sutherland mittee on Immigration and Naturalization. · Borah Gronna :Nelson Thornton . . fii Bourne J-0hnston, .Ala.. Overman. Townselld By Mr. McDERMOTT: Memorial of freight tra c com- Brandegee Jones Page Warren mittee of the Chicago Association of Commerce, faToning_ :ons- Bristow Kenyon. Perkins Works sage of House bill 25572, to amend the laws relating to the· Bu~nham Kern Reed judiciary; to the Committee on Interstate and Foreign Oom- ~~gg;: ~f~igtimber - ~f~~e~ merce. l\Ir. THORNTON. I desire to rumounce the necessary ab- By Mr. PARRAN: Memorial of F. D. Pastoritis Council, N-0. sence of my colleague [Ur. FosTER]. I. ask that this unnounce- 1, and Greb1e Council, No, 13, Order Independent Americans, of ment may stand for the day. Philadelphia, Pa., favoring passage of House bill 2530-9, relative l\lr. BOURNE. r desire to announce that my colleague [Mr. to di playing fl..::tg of United States on llghth-0uses, etc.; to the· CHAMBERLAIN] is unavoidably detained on a con:feren-ee, and Committee on Interstat-e and Foreign Commerce. that' he has a general {>air with the junior Senator from Penn- By Mr. PATTEN of New York: Pettpon of Inventors' Guild sylvania [l\1r. OLLVER]. I will let this announcement stand for of New York City, relative to changeS-in patent laws; to the the day. Committee on. Patents. The PRESIDE.NT pro tempore. On the call of the rcll of the ATuo, memorial of Inven:tors' Guild of New York City, rela- Senate, 41 Senators ha-ve answered to thei:u names. A quorum of tive to change in patent law; to the Committee on Patents. the Senate is not present. Also, memorial of the National Association or Thlking-l\fu- Mr. WARREN I ask that the names of the absentees be· chine Jobber , Pittsburgh, Pa., against pllilsage of House bill called. 23417,. known_ as the Oldfield bill, relati've to change in patent The PRESIDE.NT pro tempore. Withou-~ objection, the Sec- law; to the Committee on Patents. retary will call the names of absent Senators. .Also, mem-0rial of the St. Augustine Board of Trade, of St. The Secretary called the names of the absent Sena.tors, and Augustine, Fla., favoring passage of bill providing for use as a Mr. SMITH of Michigan answered to his name when called. park for city of St. Augustine of the powder-house Iot ;· to the .Mr. CLAPP and Mr. CHAMBERLAIN entered the Chamber Committee on Military .Affairs. and answered t<> their names. Also, memorial of New York Produce Exchange, of N-ew York Mr. . JONES. I desire to state that my col1eague [Mr. Porn- City, favoring passage of House bill 25572, to amener laws re- DEXTER] is out of t,b..e city on important business. I will let this la ting to the judiciary; to the Committee on Interstate and . announcement stand for the day. Foreign. Commerce. .!\Ir: SUITH of Georgia entered the Chamber and answered By l\1r. RAINEY: Petition. of citizens of East St. Louis, Ill, t-0 his name. favoring passage of the excise-tax bill with amendment relative l\Ir. LODGE. If there is no quorum as yet, I move that the to domestic building and. loan associations; to the Committee Sergeant- at Arms be directed to request the attendance of on Ways and l\lean . absent" Senators. Also, petition of Herman Engleba.~h and others, of Arenzville, The PRESIDENT pro tempore. The Chair has not yet a.scer- Ill., against passage of a parcel-post. \aw; to the Committee on. tained whether there is a quorum and can not make the an- the Post Office and Post Roads. n.ouncement until the Secretary reports. By l\IT. RAKER: Memorial of Chamber of Commerce of Sac- Mr. BAILEY. I thought the Senator from Massachusetts ramento, Cal., favoring passage of House bill 357, relative t:o desired to submit some motion. investigation o:f foreign and domestic fire insurance companies; Mr. LODGEl. I did; that the Sergeant at Arms be directed to to the Committee on Interstate a.nd Foreign Commerce. request the attendance of absent Senators. Mr. BAILEY. That requii;es a motion. By l\fr. SULZER: Memorial of Regular Colored Democratic Mr. LODGE. r make that motion. Association of Brooklyn, N. Y., favoring passage of Senate bill Mr. BAILEY. I did not under.stand that the Chair put the 1 O, for exposition to celebrate the fiftieth anniversary of the motion. freeing of the negro; to the Committee on Industrfal Arts and Mr. LODGE. No; the. Chair has not made the formal an- Expositions. noun cement. Also, memorial of' New York Produce Exchange, of New York The PRESIDENT pro tempore. Upon the call of the roll-- City;. favoring passage of Hous~ bill 25572, to amend the laws Mr. POMERENE entered the Chamber and answered to his relating to the judiciary; to the Committee on Interstate [..Il.d name. Foreign Commerce. The PRESIDE:t-.TT pro tempore. Forty-six Senators only are .Also, petition of J . .1\I. Johnson, of New York City, favoring pTesent, including the name of the Senator just called.. interua.tional conference on the cost of living; to the Com- Mr. LODGE. Then I move- mittee on Foreign Affairs. Mr. BAILEY. This is what comes of trying to meet at 10 By Mr. UNDERHILL: Petition of Inventors' Guild of New o'clock, before Senators can attend to their correspondence. and York City, favoring commission to consider change in -patent department work.' If the Senate wants to proceed. with due laws; to the Committee on Patents. dispatch it will revoke the order about meeting at 10 o'clock Also, memorial of the St. Augustine Board of Trade, of St. and meet at 12 and have a night session. Then we wm be able Augustine, Fla., fa. Yoring passage of bill providing that powder- to put in 9 or 10 hours a day. house lot be used as· :i park by tile· city of St. Augustine; to the The :eR.ESIDENT pro tempore. The Senator from Massa- Oommittee on Military Affairs. chu.setts moves that the Sergeant at Arms be directed to request A.Jso, memorial of Nation.al Association of Talking Machine- the presence of absent Senators. The question is on the motion Jobbers, of Pitt burgh, Pa., against _passage of House bill 23417,, · of tile Senator from l\Iassa~usetts. known as the Oldfield bill; to the Committee on Patects. The motion was.. agreed to. . 10260 OONGRESSION AL RECORD-SENATE. AUGUST 6,
The PRESIDENT pro tempore. The order of the Senate will the adoption of certain amendments to the bill (S. 5173) to be executed by the Sergeant at Arms. promote the efficiency of the Life-Sa v:ing Service, and ( S. 7061) l\lr. CRAWFORD and Mr. McLEAN entered the Chamber to create the coast guard by combining therein the existing Life and answered to their names. . saving Service and Revenue-Cutter Service, which was referrfd The PRESIDENT pro tempore (at 10 o'clock and 20 min to the Committee on Commerce. utes a. m.). Upon the call of the roll of the Senate 48 Senators HISTORY OF THE FEDERAL ELECTIONS. have responded to their names. A quorum of the Senate is Mr. BORAH, from the Committee on Education and Labor, to pre ent. · .,.,_ - ~~· _ which was referred the amendment submitted by Mr. CULLOM l\Ir. LODGE. I move that the order dfrecting the Sergeant on the 25th ultimo, proposing to appropriate $6,250 to purchase at Arms to request the attendance of absent Senators be re-. 25,000 copies of the history of the Federal election , etc., in scinded. tended to be proposed to the general deficiency appropriation The motion was agreed to. bill (H. R. 25970)~ reported it without amendment, submitted a DERRICK SCOW "EDNA" (S. DOC. NO. 901). report (No. 1018) thereon, and moved that it be printed and The PRESIDENT pro tempore laid before the Senate a com referred to the Committee on Appropriations, which was munication from the Secretary of the Treasury transmitting a agreed to. letter from the Secretary of the Navy reporting, under the C'OOSA RIVER DAM, ALA. provision--0f the naval act of June 24, 1910, that the Navy De Mr. MARTIN of Virginia. From the Committee' on Com partment has considered, ascertained, adjusted, and determined merce I report back favorably, with amendments, the bill the claim of the owners of the derrick scow Eclna for damages (S. 7343) to authorize the building of a dam acro ~s the Coo~a arising out of the collision with the navy-yard tug Hercules in River, Ala., at a place selected for Lock No. 18 on said ri"rer, the hnrbor at the navy yard, Norfolk, Va., March 12, 1912, and and I submit a report (No. 1017) thereon. I call the attention found the sum of $1 3.76 due the claimants as owners of the of the Senator from Alabama to the bill. scow, which, with the accompanying paper, was referred to the Mr. BANKHEAD. I ask unanimous consent for the present Committee on Claims and ordered to be printed. . consideration of the bill. MESSAGE FROM THE HOUSE. l\Ir. BURTON. Mr. President, I shall not object to- the pres ent consideration of the bill, but I desire to be heard at some A message from the House of Representatives, by J. C. South, length on it, if it comes before the Senate. I hnYe certain lts Chief Clerk, announced that the House had passed the bill amendments to propose; and, unless - those amendments are ( S. 4 38) to amend ection 96 of the act to codify, revise, and adopted, I shall desire to oppose the bill. ::imend the laws relating to the judiciary, approved March 3, Mr. GALLINGER. Why not object to its consideration? 1911. Mr. WARREN. I hope the Senator from Alabama, if that is The message n.Jso annotmced that the House had passed the bill to be the case, will not ask for the consideration of the bill at ( S. 6354) to perpetuate and preserve Fort McHenry and the this time. grounds connected therewith as a Government reservation un Mr. BA.1'\TKHEAD. Jtdo not think the Senator from Ohio will der the control ·of the Secretary of War, and to authorize its consume very much time with his amendments. This is a very partial use as a museum of historic relics, with amendments, in important matter to us. If it is not passed now, the probabilities which it requested the. concurrence of the Senate. are that we shall not be able to have it passed at this session. The message also announced that the House had passed the Let us try it. · following bill , each with an amendment, in which it requested Mr. WARREN. I yielded the :floor yesterday for a matter of the concurrence of the Senate: 5 or 10 minutes and was not able to recover it during the entire s. 7012. }.n act to permit the construction of a subway and day. 'J'herefore I feel as if r must insist upon the privilege, at the maintenance of a railroad under the post-office building at least, of asking that this conference report come up in the or near Park Place, in the city of New York; and regular way and not allow the day to drift along in matters s. 7195. An act to authorize the Great Northern Railway Co. that should come up from the calendar. I want very much to to construct a bridge across the Missoµri River. accommodate the Senator from Alabama, but I do not feel that The message further announced that the House had passed I can do so under the circumstances. Of course, if the bill ·will the following biHs and joint resolutions, in which it requested in-volve any debate-I have no objection to debate at prover the concurrence of the Senate: . times-but if t11ere is to be debate now I must obJect to the H. R. 10169. An act to provide for holding the district court present consideration of the bill. of the United States for Porto Rico during the absence from the Mr. B.AJ\TKHEAD. Do I understand the Senator from Wyo island of the United States district judge and for the trial of ming to object to the consideration of the bill? cases jn the event of the disqualification of or inability to act Mr. WARREN. Under the circumstance that the statement by the said judge; . . . is made that amendments will be offered and that there will be H. R.14053 ..A.n act to increase the pensions of survivmg sol long debate, I shall be compelled to object. diers of Indian wars in certain cases; Mr. BA.1'\TKHEAD. Then, Mr. President, I move that tho H. R. 17256. An act to fix the status of officers of the Army Senate proceed to the consideration of the bill. and Navy detailed for aviation duty, and to increase the effi The PRESIDEli.~T pro tempore. The motion is not now in ciency of the aviation service; order. Pending morning business, that can not be done except H. R. 22199. An act to extend the limits of the port of entry by unanimous consent. . of Galveston, Tex., to include Port Bolivar, in that Sta~e; - " Mr.· LODGH One objection takes the bill over. H. R. 22526. An act to amend section 8 of an act entitled An The PRESIDENT pro tempore. The Chair has just stated act for preventing the manufactu~·e, sale, or transp?rtation of that fact. adnlterated or misbranded or poisonous or deleterious foo~s, Mr. LODGE. I beg pardon; .I did not so understand. drugs, medicine , and liquors, and for regulating traffic therem, l\lr. BANKHEAD. A parliamentary inquiry, Mr. President. and for other purposes,'' appro\ed June 3~, 1906; -. The PRESIDEl~T pro tempore. The Senator will state it. H. R. 25073. An act to authorize the l\Iolme-Bettendorf Bridge Mr. BANKHEAD. Under ordinary conditions in the Senate, Co. to construct a bridge across the ~Iississippi River between when will it be in order to consider this bill, either by unani- Moline Ill., and Bettendorf, Iowa ; mous consent-- . H. n:.25764. An act to subject lands of former Fort Niobrara The PRESIDENT pro tempore. At any time except during Military Reservation and other lands to ~omesteall ent~·y; the morning hour. The motion, however, if made when there H.J. Res. 327. Joint resolution requestmg the Pr~siden~ ~f is a special order, must be made in a way to displace the spe the United States to direct the Secretary of State to issue mv1- cial order in order to get consideration; but notwithstr.nding, tations to foreign GoYernments to p~rticipate in the ~ourth at any time during the morning II.our after morning business International Congress on School Hygiene; and is closed, unless there is a special order, the motion would be II. J. Re . 333. Joint resolution to authorize the loan of ?bso in order. Jete Springfield rifles, etc., to the Historical Pageant Committee, l\Ir. BANKHEAD. My motion will now be in order, I under- Philadelphia, Pa. stand, l\Ir. President. PETITION. The PRESIDENT pro tempore. The Chair has not yet de- The PRESIDENT pro tempore presented the petition of Wil clared morning business closed, but was about to do so. . liam w. Latham, assistant to Ille superintendent of construction l\fr. w AilREN and l\fr. BA1'\TKHF...AD addres ed the Chair. of the Life-Saving Service, and Andre Fourchy, ~ssistant. to the The PRESIDENT pro tempore. The Senator from Wyoming. superintendent of construction of the Life-Savmg Service, on Mr4 WARREN. I ask that the Senate resume the considera · bf:'h&lf of themselves and other assistants to the superintendents tion of the conference report on the legislative, executive, and ot c0nstruction, United States Life-Saving Service, praying for judicial appropriation bill. 1912'. I CONGRESBION"AL RECORD-- SENATE: 1026!
Ur: RAJ\!rIIEAD. r had ·the floar, llr; President, ana asked The- PRESIDENT pro tempore. The notice of the motion · of. :i:ecognition of the Chair wita ~ suggestion that the Chair the Senator from Missouri to reconsider is withdrawn. Is there has announced. furtlier morning business? If not, that order is closed. The PRESIDENT pro tempore. The- Senator from Alabama POST-OFFICE SITE AT PERTH. AMBOY, N. J . had addressecl the Chair before the 'morning buSin:ess . was an M'r. MARTTh"E of New Jersey. I ask unanimous consent for nounced as clo ed, but that did not give him the floor for ta~ the present consideration of calendar No. 879, House. bill puri;iose indicated. The Senator from Wyoming then addressed 21888_ the Chair, but the Chait~ will ask. the Senator from Wyoming tu The PRESIDENT pro tem11ore. The Senator from New withdraw his request in order that there may be no c.ontro Jersey asks unanimous consent for the present consideration. of Ter.sy 011 the subject, so that the Chair may recognize the Sena tor from Alabama. With the. consent of the Senator from a bill the title of which will be. stated. ,Wyoming, the Chair wm recognize the Senator from Alabama. 'I'he SlwKErrARY. A bill (H. R. 21888) providing for the sale of the United States. unnsed post:-o:ffice site at Perth Am Mr. BAl~EAD. Then I move that the Senate proceed boy, N . J. to the eonsideration of the bill reported by the Senator from The- PRESIDENT pro tempeTe. Is there objection to the Virginia: [Mr. MARTIN}. request of the Senator from New -Jersey for the present con Mr. LODGE. I make the point o.f. order that if one objec- tion is made to a bill on the day it _is reported it can not again sideration of the bill? Mr. W .A.RREN. Mr. President, r shall reserve the privilege be taken up on that- same day. of objecting- if the bill leads to any debate. The I?~SIDENT pro tempo.re. The Senator is correct. The Mr. MARTINE of New .Terse-y. I desire, if I may be permit motion of the Senator from Alabama is not in order, and one ted', to say that the bill provides for the sale of the unused objection will carry the bffi. over until to-morrow. site of- a former post office at Perth. Amboy, N. J~ There are Mr. BANKHEAD. Then, Mr. President,. one further inquiry: parties who are ready tu purchase it, and the bill authorizes Will it .be in order to-morrow morning after the morning busi the Secretary- of the Treasury to make the sale. ness to make the motion that I: hava now submitted to the The PRESIDENT pro tempore. The Secretary will read the Senate? bill for the in-formation of tlie Senate. The PRESIDENT pro tempore. If the Senator makeS' it at The Secretary read the bill; and there- being no objectiorr, the proper time it will be in order~ the Senate, as in Committee of the Whole, proceeded to its. Mr; BANKl:IEAD. Will the Cha.ii: kindly inform me wherr consiueration. the proper time will be? The bill was reported to the Senate without amendment; The PRESIDENT pro tempore.. The Chair does- not feel ordered to a third reading; read the third time, and passed. called upon. to suggest when the proper time will come; but if the present occupant is in the Chair: it will then be decided. FIVE CIVILIZED TRIBES IN OKLA.HOMA-VETO MESS.AGE ( S. DOC. The Ohair: has already, in response to a previous inquiry by the NO. 899). Senator from .A.lahama, stated the time when the motion would The PRESIDENT pro tempore laid before the. Senate the fol be in order. lowing. message from the. President of. the United States, whieh Are there further reports of committees? If not, the intro was read: duction of bills and joint resolutions is. in order •. To tll.e S"enate : BIL"LS INTRODUCED. I return. herewith, without my approval, Senate bill 4948, en Bills were introduced, read the first time, and, b~ unanimous : titled "An aet relating to inherited estates in the: ·Five Civilized consent, the econd time, and referred as follows: Tribes in Oklahoma." By l\fr. SMITH of Michigan : The reasons for my action:. are stated in the accompanying A. bill ( S. 7422.) to remove the ch:rrge ot desertion from the letter from the Secretary of the Interior, dated August 5, 1912. military record of Conrad Springer;_ to the Committee on Mili WM. H. TAFT. tary Aifuirs. THR WHITE HOUSE,_ August. 5, 1912r By Mr. O''GORMA...~ - : the A bill ( S. 7423) for relief· of Frances A. Bliss; ta the Cam DEPARTMEN'I! OF 'l'RE lNTElUOR, mi ttee on Claims. Washington, August 5~ 1912. By Mr. MARTIN of Virginia _ ~ MY DEAR: l\I:R. PRESIDENT': By- reference from the White House I am A bill (S. 7424) to amend an. act approved. ruly 20, !912, ~ ln receipt of Senate- bill 4948, as passed by both Rouses- of Congress and entitled "An aet relating to inherited estates in the Five Civilized titled ';.An act to authorize ..Arkansas: & Memphis Railwny Bridge Tribes in Oklahoma." I am requested to inform you_ whether· any ob & Terminal Co. to construct; ma.in.ta.in, and operate a bridge jection is known to its anproval. The bill reads as follows: across the Mi..,sis ippi Rive1"""; to the Committee on Commerce. "Be it· enaated, eto., Tliat conveyances of. inherited allotments by full blood Indian heirs, members of the Five Civilized Tribes· in Oklahoma, By Mr. WARREN: made subsequent to May 27, 1908, in eases- of. allottees dying pTiol" to A bill (S. 7425) giving a new right of homestead entry ·to May 27, 1908, shall have the am.e effect as if the allottee had died former homesteaders-; to the Committee on Public Lands. subsequent' to :May 27, 190 , and shall_ not require the approval of the Seeretary of the Interior: Provide ·1:ideil further, That the provisions of section 23 of the act of April retary and other departmental officials upon many meetings of congres ·26, 1906, as amended by this act, are hereby made applicable to ·au sional committees. In particular, during the past year there have been wills executed under this section." extraordinary demands upon ·the office force of the Indian service by It will be noted that this section reads; "That the death of -any investigating committees of the House. allottee of the Five Civilized Tribes shall operate to remov-e all restric On June 17, 1912, without waiting for a report from the department, tions," etc. The question having arisen as to wb~ther such restr.ic the H<111se bill was called up, and after some discussion was passed. tions were removed by the death of an allottee which occurred prior Subsequently-on the same date, however-the Senate bill 4948 was to the passage of this act, the matter was submitted to the Attorney c li ed up and all after the enacting clause was stricken out and the General for an opinion. He exhaustively· considered section 9 of the language of the House bill substituted. '£he order by which the House act of May 29, 1908, and held that where allottees bad died ·prior to bill had been passed was then vacated. In the discussion of the House the date of that act, conveyances by their full-blood heirs of lands bill the following statement was made: inherited from such allottees required the approval of the Secretary "Mr. CARTER. Mr. Speaker, I want to repeat ~at I said some time of the Interior in order to insure their validity, even though the con ago in the discussion on the Indian aopropriation bill. We have iii veyances might be made subsequent to the date of the act. . In a Oklahoma what we call a State boe,rd of charities and corrections. In later opinion, r endered June 7, 1911, the Attorney General agam con that board there has been organized a special bureau for the specific sidered at lenlrth this matter in the case of an attempted conveyance purpose of looking after this very character of case-minor children's made April lI, 1906, and held that the land was inalienable. The allotments and inherited estates. That department is very ably pre question having arisen in the local courts of Oklahoma, State and sided over by a young lady named Miss Katie Barnard, and her assist Federal, two decisions were r endered which were not in accordance ant in charge of this specific work is Dr. J . II. Stolper, and the grafter with the opinion of the Attorney General, but the United States was who gets anything past the vigilant eye of these two guardsmen will not r epresented in the suits, and the different classes of cases requiring have to show something better than they have ever yet conjured up." consideration in the several tribes do not seem to have been con In view of the reference thus made to the recent establishment in sidered. From the opinion r endered in the United States district Oklahoma of the State board of charities and corrections this depart court in Oklahoma it appears that the decision of the judge went ment promptly. on June 19, wrote to Miss Barnard, inclosing a marked upon the ground that no _reason appeared why Congress should b~ve copy of the CONGRESSIONAT, RECORD covering the discussion. and in intended to distinguish between conveyances where the ancestor died quired as to the extent of her authority in these matters ana whether prior to May 27, 1908, and conveyances where the ancestor died subse she bad in fact exercised any supervision over the class of cases re quent to that date. It is believed that a full consideration .of tbe ferred to. Her suggestions were also re-ouested with a view to making far-reaching effect of his construction of the law ~d er the diffe~ ent a further report to Congress if the conditions seemed to justify. To conditions, and different statutes and agreements relatrng to the various this communication a reply from the assistant commissioner . was re tribes would have disclosed such a reason and mi!;ht have led the coUI·t ceived in this deoartment on July 26, 1912, and I inclose herewith a to a different c9nclusion. At all events, the Oklahoma decisions above copy. I shall call particular attention to some featnres of this letter r eferred to have not been regarded locally or in this departn_ient as later. Before it was received, and on July 13. 1912, the Senate bill finally determining the law, and on J anuary 30, 1912, the bill now -was again called up in the Senate and a motion made to concur in under consideration was introduced in the Senate. the substitute amendment of the House of Representatives, with the In its then form the bill simply amended the act of May 27, 1908, following additional amendment, which was offered from. the floor to be by adding to section !) thereof the words, " This section shall apply to ins1>rted at the end of the bill as It had been passed by the House: the lands of all deceased allottees who died prior to the passage of "Prnv ided, That no conveyance of any interest by a full-blood heir this act." The bill was referred to this department for a report, and of inherited allotted land heretofore or hereafter made shall be valid on February 26, · 1912, a report was made recomme~ding that. the unless approved by the county court. sitting in probate. of the county proposed legislation be not enacted. In that report . it w~s pom~ed wb1>re the deceased allottee was a resident at tbe time of his death." out that " the very purpose of the proposed amendment is to give section Th& purpose of the proviso was stated to be to make certain that 9 of the act a retroactive operation so as to annul the. effect ?f the the deeds in question must be passed on by the county court. Objec Attorney General's opinion of Au.,.ust 17, 1909, and to validate, without tion was made upon the specific ground that this amendment had never departmental approval, all deeds which were illegally taken by pur been submitted to the Department of the Interior for a report. Sen chasers of Indian lands inherited prior to May 27, 1908. Many a tor S MOO'!' said : fraudulent transactions would be legalized by the passage of this bill." "This is a very, very dangerous way of legislating." It was also pointed out that there was no reason for opposition to Senator LoDGE said: the existing law requiring the approval of this department in such "I do not think it is a wise way to legislate on any bill. The Sen ate has passed the bill and the House has amended it: and it is now ~a;;~;pt by those who seek to avoid the payment of .an adequate c~n proposed that we, without consideration, without understanding the sideration for the lands received, as the department is now approvrng purport of it, in a complicated matter, shall amend the amendment deeds executed by full-blood Indian heirs, conveying lands of deceased and send it back to the House. It seems to me it ought to take the allottees of the Five Civilized Tribes 'Yho died prior to May 27, 1998, regular course." · whenever it appears that the transaction has been made in good faith The bill was sent back for conference with the House. No reoort and for an aaequate consideration." · from this department was asked for by the conferees, nnd on July There are, however, many ca s~ s now p~nding before the department ·19, 1912. a conference report recommending that the Senate agree for approval which would be validated without ap~roval by. tpe Secre to the House bill with the amendment which had been proposed in tary of the Interior if Congress should P.ass an act rn the or1gmal for~ the Senate was submitted to the Senate and on the same day· was of S. 4948 upon which the above depar.:mental report was made, or if agreed to without discussion. On the same day the conference report that bill in the form in which it was actually passed by Congress was presented in the House and led to a considerable discussion. in should now be permitted to become a law. Among these cases are many which objections to the bill as it was ·then worded were forcefully where conveyances have been sanctioned by the local Oklahoma courts, pointed out. Nevertheless, the conference report was agreed to. · but where the price paid to the Indians ha~ been so inadeq~ate tJ:iat The bill as thus passed removes all necessity for securing the ap this department has insisted upon a reappra.1sal, a?~ the white cla~ proval of the Secretary of the Illterior to conveyances of inherited allot ants are now tendering substantial amounts rn addition to those which ments of full-blood Indian heirs, members of the Five Civilized Tribes. they have already paid. They are being disposed of in the department made subsequent to May 27, 1908, in cases of allottees who had died as rapidly as they- can be properly co~sidered. prior to that date. . This is subject to all of the objections urged in the Notwithstanding the specific statement in the report of the depart report of this department on the original measure, and to other addi ment above quoted that "many fraudulent transactions wo~ld be tional objections. legalized by the pa'sage of this bill," on April 2. 1912, the bill was It will be noted that section 9 of the act of May 27. 1908, Provided r eported out of the Senate Committee on Indian Affairs without making " That no conveyance of any interest of any full-blood Indian heir in any . r eference to the report of this department, and on the same. day such land shall be valid unless approved by the court havin~ jurisdic the bill was called up and passed by the Senate. In the meanwhile, a tion of the settlement of the estate of said deceased allottee." bill on the same subject had been introduced in the House as H. R. The proviso to the present bill intrusts this approval to " the county 22083. This bill was not in form an amendment to section 9 of the court. sitting in · probate. of the county where the deceased allottee was act of 190 , but read as follows: a resident at the tinle of his death." "Be it enacted etc., '£bat ' conveyances of inherited allotments by It is stated that many of the Indians who would be affected by this full-blood Indian heirs, members of the Five Civilized Tribes in Okla legislation have removed permanently from Oklahoma. The result homa made subsequent to May 27, 1908, in cases of allottees dying of this proviso in the pending bill would be to transfer all questions prior 'to May 27, 1908, shall have the same effect as .if the allottee bad relating to the approval of convexances in such cases by the heirs of died subsequent to May 27, 1908, and shall not require the approval of the deceased to courts far remove from the land itself and unfamiliar the Secretary of the Interior." with its value and the conditions under which conveyances of this On May 14, 1912, the House bill was reported out from the Com character are, made. · mittee on Indian Affairs without having been referred to this depart But the proviso bas a much more serious etrect than that. It is ment. and the committee simply stated that the bill was simila! to sweeping in its terms and does not provide for a new approval by any , enate bill 4948, and quoted the report of the Senate committee court of deeds of the character herein given. An approval heretofore already mentioned. Two days later, however, the chairman of the made possibly at a tinle when the court assumed that the matter House Committee on Indian Affairs requested a report from this would be passed on by this department, would nevertheless validate department on the House bill. In view of the record then existing the conveyance. Previous approvals of the Oklahoma courts have it was clear to the department that the matter required the most been given in many~ cases where the conditions are those forcefully careful consideration, and a letter was written to the Attorney Gen described in the letter from the State Board of Charities and Correc eral asking him for an expression of the views of the Department of tions of Oklahoma. The Department of the Interior is now obtain Justice. I inclose herewith a copy of its reply. I would say, in ing for the Indians substantial sums in settlement of just such cases. addition to the objections vigorously expressed by the Department I am glad to believe that, due to the efforts of Miss Barnard's depart of Justice that great eonfusion is almost certain to arise from the ment and to other causes, conditions in thls regard in Oklahoma adoption of ihe pending bill. 'l'he Secretary of the Interior, acti~g are now greatly improved, but this will be of no avail where approvals under the advice of the Attorney General above referred to, has m have already been given by the local courts. I invite special atten many cases not only refused his approval to deeds which would be tion to the letter of the Oklahoma Department of Charities and Cor validated by the pending bill, but has approved deeds to lands in rections in this connection. It adds to the explanation given on the cases where pre-;rious deeds, which he had not approved, would be floor of the House as to the reason why " there is very little market validated by it. There are many other possible complications too for this class of titles." The letter, as already stated, was not received numerous for detailed mention here. until J"uly 20, which· happens to be the very day upon which the The careful consideration due to the importance of the subject and engrossed bill was sent to the White House for your approva,l. the pressure of departmental business caused a little delay in sending It fhakes clear- , a report to the House committee. In V"iew of occasional criticism of (1) The appalling extent to which Indian heirs in Oklahoma have such delays it should be stated that the Department of the Interior has been imposed upon in transactions of this character. made approxinlately 1,000 reports on pending legislation to the present (2) That the State commissioner of charities and corrections bas not Congress. This does not include the mass of _special pension legislation been and is not now given the assistance necessary to cover the groun · ( 4) That until the State commissioner of charities and corrections may properly take unto itself and exercise directly this power which has been given adequate assistance the scope of the act of May 27, 1908, it has vested in him. But, as just indicated, that is not what this bill should not be extended. is intended to accomplish. It is not based upon such an examination The complaint of the lack of cooperation from the tribal attorneys is into the merits of the transactions as the Secretary would be required now being given consideration by the department. to make, or upon any examination at all. I am not here concerned I recommend that the bill be returned to Congress without your with the question whether such a measure if passed and approved approval. could be technically supported by resort to a presumption that it had Respectfully, yours, WALTER L. FISHER, been preceded by a proper examination. The inquiry now respects the Seoretary. essential nature and effect of the legislation as determined by the facts The PRESIDENT, as they are. · . . The White House. I would suggest, therefore, that before this bill is submitted for passage it might ~ell receive t,he scrutiny of the Judiciary Committee. DEPARTMENT OF .JUSTICE, In so far as this or any similar measure may be designed to operate Washington, D. 0., May 2B, 1.912. prospectively, I have nothing to say beyond this, that such legislation The SECRETARY OF THE INTERIOR. inevitably adds t~ ~he number of ignorant and incompetent Indians bereft of the protection of the Federal law and subjected to the mercy , Srn: I am in receipt of a letter dated the 17th instant from the First of unscrupulous speculators. Assistant Secretary of the Interior, in which he requests an early ex · Ve1·y respectfully, pression of the views of this department concerning H. R. 22083, enti For the Attorney General 1 tled "A bill relating to inherited estates in the Five Civilized Tribes in Oklahoma." ERNEST KNAEBEL, This bill in substance declares that conveyances made by full-blood Assist.ant Attorney General. members of the Five Civilized Tribes after May 27, 1908, of allotments inherited by them before that date shall have the same effect as if the STATE OF OKLA.HOMA, allottee had died subsequently to that date, and shall not require the DEPARTME~T OF CHARITIES Al\'D CORRECTIONS, approval of the Secretary of the Interior. Oklahoma . retary of the Interior : Prn1iided, That no conveyance of any interest by know, about tWo years in advance, the maximum tolls which a full-blood heir of inherited allotted land heretofore or hereafter made shall be valid unless approved by the county court, sitting 1:n probate, of they are to be charged. We are already somewhat behind n the county where the deceased allottee was a resident at the time of his safe margin of time in informing the commercial world of the death. propo_sed tolls, although, in anticipation of the appropriate CHAMP CLARK, Speaker of the House of Representati.1ieB. machinery and in cooperation with committees of Congrees, the J. H. GALLINGER, War Department has been collecting da.ta under expert direc President of the Senate pro tempore. tion as to the proper rates of toll and the formulation of work I certify that this act originated in the Senate. ing rules as to the basis on which they shall be fixed. CHAS. G. BENNETT, Finally, an indispensable factor in the success of the canal Secreta111. By H. M. ROSE, is the certainty to the shipping world of securing necessary Assistant Secretary. coal and marine facilities at reasonable prices at the canal. Mr. GALLINGER. Mr. President, I believe the Senator from ~he ab1lity to recoal at the Isthmus, instead of carrying coal Oklahoma [Mr. OWEN] was particularly interested in that bill. m ballast to tbe diminution of income-earning cargo, may be I ask that the message with the ac~ompanying papers lie _on a decisive factor in the availability of the Panama route. The the table and be printed, in the absence of that Senator. same is true of docking facilities. Such facilities can not be The PRESIDENT pro tempore. It will be so ordered in the improvised, and express authority should be given at once in absence of objection. order to commence ·with the necessary construction. l\Ir. CULBERSON.· Mr. President, I ask that the letter from Congress is now in possession of the fullest information neces the Secretary of the Interior upon which the veto message sary for immediate action in regard . to these essential points. just read is based appear in the RECORD, together with the Fortunately, there is no serious controversy as to the :policy message. ~hich enters into either of them. The subject is, happily, out The PRESipENT pro tempore. It will be so ordered. The side of the sphere of party ·differences. The discussions and Chair understood the motion of the Senator from New Hamp d..ifferences of opinion which have arisen as to other phases of - shire to embrace that. canal policy should not, in my opinion, be allowed to delay l\Ir. GALLINGER. My motion was that the message and action on these vital and pressing subjects, which are by their the' accompanying papers be printed. nature entirely distinct and severable. The PRESIDENT pro tempore. The Ohair so understood, I earnestly again invite your attention to these matters in and it ls so ordered. order that the necessary legislation may be obtained before the coming adjournment of Congress, and in order that the THE PANAMA CANAL (H. DOC. NO. 900). great work which has been so successfully carried on thus far The PRESIDENT pro tempore laid before the Senate the fol may not be marred in the hour of its completion. lowing message from the President of the United States, which WM. H. TAFT. was read and referred to the Committee on Interoceanic Canals THE WHITE HOUSE, Augu,st 6, 1.912. and ordered to be printed : MISSOURI BIVEB BRIDGE. To the Senate and House of Representatives: The PRESIDENT . pro tempore laid before the Senate the In my annual message of December 6, 1910, I recommended amendment of the House of Representatives to the bill (S. legislation directing the Executive to fix, within limits estab 7195) to authorize the Great Northern Railway Co. to construct lished by law, the rate of tolls for vessels using the Panama a bridge across the Missouri River, which was, on page 1, in Canal. I then said : lines 8 and 9, to strike out " to be selected by said company The present consi -Mr. WILLIAMS. n you were going to fix a retirement list, ances upon this floor that this conference provision would carry and you were going to put men on half or quarter pay when us back to the old spoils system. :Men seem to forget that these they reach a superannuation, you would be compelled to fix men can not get into the service after this provision any more a year. It would be rough and approximate but the only than now by any other route than the civil-service examination way of legally de ignating superannuation. route. Now, one of the good things about this provision is that you 6. Under the law and the rules and regulations of the Civil Service ara not compelled to fi'x a year which frequently sounds false. Commission, as i't now is, any head of a department can now remove an employee who is superannuated and not up to a proper standard of to the fact. I go on with the reading: ~lii~~~Yag~t the trouble is the heads of the departments through pity Who were appointed prior to September 1, 1912, shall cease and deter mine, unless previously separated from the service, within one year after the 31st day of August, 1919, the particular date of such termina Now, it is not their pity alone. Do not blame them. You tion within said year to be determined by the head of the department may say the head of a department ought, under his oath as a concerned, and on the basis of the length of service1 · within the classi public officer, to say when John Brown is not rendering good fied service, of each such person prior to September .i, 1912. seryice that he ought to be discharged, but not only does he pity Now, here follows the provision: · the man but you pity him and I pity him, and all of us pity Provided, That all persons separated hereunder from the classified him, and we all go down there now and exert every bit of in service shall be eligible for and may, in the discretion of the head of the executive department, be reappointed without examination f01: ad- fluence we have in individual instances to procure the retention ditional pei:iods of seven years if- · of the inefficient, superannuated. public servant. In that far And so forth. we are also neglecting a strictly construed duty and not abiding Now, this measure has not only been misunderstood upon the by our public duty any more than is the department chief. The floor, l>ut it has been very much more seriously misunderstood, only excuse for it is that human nature has in it a great deal and therefore misrepresented-and when I use the word "mis of the milk of human kindness, and that the average man never represented" I do not mean anything offensive by it; I assume does execute a law unless he _is forced to it up to the point of that the misrepresentation has come honestly from misunder cruelty to the man against whom he executes it, except in cases standing-in the public .prints here in the city of Washington. where the guilt of the Yictim is involved-some absolute moral You would not gather from reading the editorials in any one ~k . . 'I. Under th~s provigion, by operation of the law and the rules of the of the three papers that I have read here that anything of this Civil Service Commission, the separation takes place, and it is believed sort was in the law at all-" be reappointed without examina tha.t it will be easier for the head of the department to free the service tion "-nor that all without exception would have a right to re of those who are found by the Civil Service Commission to be wholly examination. superannuated or inefficient. If .85 or 90 per cent of these people have become separated Now, upon that the only comment to make is that that is not from the service before the expiration of the seven-year period only true, but under the operation of this proposed provision prescribed here by either death or resignation, and there were fewer of these pitiable cases would present themselves. As I only 20 or 15 per cent who would be left, it is fair to suppose said a moment ago, if the man thought that at the end of seven that any honest man executing the law would reappoint perhaps years he might have to go, he would not be a child, as he is now, three-fourths of those left in on their efficiency record. This relying upon some governmental provender, but he would h"y provides for an efficiency record; this language, " herein pro to take care of himself by saving a little per week and per vided for," in the bill, to which this is a provision, means that; month and per annum, and at the end of the time, even if old, and it is to be taken for granted that where no self-interest he would not be necessitous, as he is now. interyenes to misguide public officials they are going to obey the 8. Under the existing civil-service requirements imposed by the Ex ecutiTe all appointmffits are for probationary periods of 6 or 12 months, law in its spirit. The spirit of this law is that when a man at the expiration of which it is optional with the appointing power c r ecognize fully that some method must be adopted to rid lhe employees according to the grade reached in the efficiency rec service of the inefficient and, so far as possibie, of the super ord, is a most admirable improvement of our:. system. I· can annna ted. ' not, however, agree with the provision of this amendment which I haYe always strongly opposed civil pensions; I should with iB called section 5- in the report. I think it would be most in great reluctance go so far even as to support a scheme for in jurious to the morale and the efficiency of the system, and I surance; but I am not going to entel' upon that large field now. can not agree to any report which contains that provision. I want to call attention simply to the defect, to the danger, of Mr. WILLI.A.l\IS. l\lr. President, before the Senator from this provision, howernr good its purpose may be. New York takes his seat I want to call his attention 'to the fact In section 4, as agreed on by the conferees, and to which that the very provision to which he adverts and of which he so nobody seems to have paid much attention, there is a very wise highly approves is made a part of this conference report by J?.rovision which, I think, largely meets the di:ffi~ulty. It says: the language " hereinafter prescribed." Such system shall provide a minimum rating of efficiency which must 1\fr. ROOT. I understand that. be attained by an employee before he may be promoted. Mr. WILLIA.MS. So that the rule by means of which the It also provides a rating. I drop out the word "maximum,'~ executive department shall at the end of the seven-year period which I understand is left out in the agreement. It reads: guide themselves in attempting a reappointment without exami- It shall also provide a rating below which no employee may fall . nation of employees is the rule prescribed in that fourth sec without being demoted. tion-I think it is, or wherever it is-which the Senator has By which I suppose they mean "reduced"- just read, and of which he so highly approves, and which was also so highly approved by the Senator from Massachusetts It shall further provide for a rating below which no employee may fall without being dismissed for: inefficiency. [l\Ir. LODGE].. Therefore that is part and parcel of this con ference agreement as much as if it were set forth in so many That provides an automatic system requiring the removal of words in it. the inefficient as fast as they fall below a certain rating, giving Mr. ROOT. I understand. that, Mr. President, and I should the head of the .department no choice. I recognize that the be sorry to lose it; but there is nothing in these provisions right of removal exists; I recognize, as the Senator from Mis which imposes the observance of that efficiency record upon the sissippi [Mr. WILLI.A.Ms] has pointed out, the unwillingness of head of the department who makes the reappointments or re any man on his own motion to put in force the removal, and that fuses to make them in his discretion. He can reappoint whom he should be given a system which compels him, and, therefore, he pleases and leave out whom he pleases; and it is a complete helps him to do it. The error of this clause, the trouble is, subversion of the principle that faithful and efficient service that it does not require the· head of the department or bureau shall be a title to continued employment. to reappoint the efficient; that is the mischief of it. This pro Mr. l\fcCUl\il'ER. I wish to ask the Senator from New York vision does not read " that all persons separated hereunder. a question in reference to the matter about which he has been from the classified service shall be· eligible for, n.nd shall be speaking. It is stated that there are 250,000 employees under renppoJnted without examination if they fulfill the conditions the civil service. How many are upon the waiting list upon of efficiency." It says "may." It is all left to the discretion which the spoils system could operate? Is there now or is there · of the head of the bureau or the department. likely to be upon the waiting list certified for appointment one 1\.Ir. WILLIAMS. Mr. President-- half of 1 per cent of the whole number? If that be· the case The PRESIDENT pro tempore. D-0es the Senator from what opportunity is there then for the spoils system to operat~ Massachusetts yield to the Senator from Mississi'ppi? upon them? We at least could have only 1 perhaps out of 250 Mr. LODGE. Yes. and if 15 per cent were to be discharged where would the d; l\Ir. WILLIAMS. Does not the Senator from Massachusetts partments secure others to take their places? It seems to me think, howe>er, that if the provision had been worded in that from the very nature of the case all of those, or practicaJiy all way it would have been trenching upon the constitutional power of those, who are efficient would be compelled to be reappointed of removal by the ExecntiYe? Perhaps that was the reason that in order to maintain the service. this language was put in, the conferees belie-ving that these executive officers would obey the spirit of the law without· at Mr. SMITH of Georgia. l\Ir. President, I desire to say a tempting to circumscribe- the constitutional power of removal word in opposition to section 5. I sympathize with much that vested in the Executive. has been said by the Senator from Mississippi [Mr. WILLIAMS]. l\Ir. LODGE. Yes. I am pointing· out the error, the great I have no doubt that the real object of this proposed legisla mischief of this provision, which is that it leaves it in the tion is to get rid of the inefficient and to put a block in the way discretion of the Executive, of the head of the bureau, or who· of the effort to establish a pension list. I believe there ought ever it may be, to remove all of these men. That will have but to be some more practical and certain way to get the inefficient one effect. The people who are threatened with removal at the out of the service, and I am not prepared to support a pension end of the seven-year period will all be gathering together all list for the old or the incompetent. I think we have gone too the forces they can to bring all the pressure that is possible far already with pension lists on account of old age and incom upon the appointing power to retain them~ It occurs every day petency; but I will not now enter into a discussion of that and all the time; and it is the most inefficient who bring the question. heaviest pressure. Under the present system the efficient clerks My objections are twofold to this section. I think it weakens never come up here for assistance; it is the inefficient who come the value of section 4, for when it prescribes a seven-year period for· political help. W.e should not, in my view, put this limita for the term of office section 4 will be used much less effectively tion on. It does not add in the slightest degree to the good to remove the inefficient. There will be a disposition to carry effect that will be produced by section 4, but it seems to me them over the entire seven-year period of their appointment that it will deteriorate the whole service, and it will make those and there will be a hindrance to the prevention of the retentio~ men just struggle to keep sufficient force behind them to hold of the inefficient, the inefficient all having a seven-year com their places at the end of seven years, whereas if they should mission. When legislation upon this line is to be passed, if a have over them a provision like section 4, it would oblige them term of office is to be fixed, I think it should be much leEs than constantly to attain a certain rating, or otherwise they would seven years. Four years at the most would be long enongh. lose their places automatically. There you have the effect of I object to the provision that the efficient shall require the the probationary period that would make them work to retain discretion of the head of the department or the head of the their places. If you throw them all upon a reappointment at bureau to be reappointed. If the provision declared for a four the end of seven years,. they are bound to introduce political year term and required at the end of that time that only those pressure. That is not a full restoration of the spoils system, who have made a record for excellency should be reappointed but it is a reintroduction of the worst feature of the spoils and provided that those who have made the record should posi: system, which is the outside political pressure to enable a man tively be reappointed, then the measure would be valuable. to retain his place. Section 5 does not go. into effect for seven years. There is., l\fr. President, I am not going into the details of tlle matter. therefore, no necessity for hurrying it through ·on an appr6pria I have taken more time now than I wished to take. I only tion bill We have seven years in which to legislate to meet desired to record my protest against this clause, because I be any need that section 5 proposes to. meet. lieve that its adoption would be very injurious to tlle Govern Mr. WILLIAMS. l\Ir. President, will the Senator from ment service. Georgia yield to me for a moment? l\fr. ROOT. Mr. President, I wish to say that I think the The PRESIDEl~T pro tempore. Does the Senator from provision of the Senate amendment, section 4, as it appears in Georgia yield to the Senator from: Mississippi? the House print of the bill, and. which is now the first part of Mr. Sl\.IITH of Georgia. Certainly. the present section in the conference report, is very &dmirable. Mr. WILLIA.MS. The Senator has just stated that bis ob I think the provision for an efficiency record, for regulating jection would cease if there was a positive requirement that in promotion and demotion. and for automatically dropping the one event the .employee should be reappointed and in the other 10270 CONGRESSIONAL RECORD- ·· SENATE. AUGUST 6, ennt that he should be dropped. Does the Senator think that said that, subject to appointment on call, are only the three any possible action by the Congress of the United States could highest on the eligible list. They must first be taken, and those· deprive the President of any constitutional power that he pos must first be exhausted. Therefore when you begin the opera sesses?" The Executive has the discretion to appoint and to tion of "the spoils system" you do not operate it upon the remoTe, and it is only pursuasively and in so far as he is guided 60,000 or 70,000 that may be upon that list, but it must operate by rules and regulations to which the Executive himself by his upon the three highest upon the list as it is presented at particular conduct becomes a party that these rules are carried the time the application is made for another civil-service out, because if a President of the United States, or a Secretary appointment. of the Treasury with the approval of the President, chooses to Mr. BURTON. Mr. President, will the Senator yield for discharge a man, he would be discharged, civil-service rules or another interruption? no ciYil-service rules. John G. Carlisle brought that point to Mr. l\IcCUl\fBER. Certainly. an is ue under Cleveland's administration. He made it too Mr. BURTON. The fact that the appointing officer bas the plain for argument and acted upon it, the Civil Service Commis right to name one of the three does not mean that the other sion to the contrary notwithstanding. So that when we merely two will be rejected. The wllole list is eligible and if one sav that this is in the discretion of the Executive we are add having the appointive power should habitually reject the two ing nothing to what would exist, anyhow, no matter what we highest and choose the third be ought to be called down for it. said. Mr. l\IcCUMBER. Oh, l\fr. President, undoubtedly be woul We came to the Senate with that, and, as the Senator·remem on this subject save- 5, and on those occasions I was-with other }Jer~. there .was a good deal of debate. It was passed in that committees, _principally that on Naval Affair , and . I doubt if way and we went to conference with it. Thereupon in con this attendance record was excelled by any other member of the ference we met tho e . from the other side who had a Jetter committee except the chairman, and I have closely followed the considered to be of equal importance from the Chairman of the discussion in this Chamber from the beginning. ·Board of Civil Service Commissioners proposing, as the other · I wish to briefly state my conclusions on two important mat member had done, something in place of section 5, showing that ters pertaining to the Panama Canal bill, which are productive . th~re was a division of opinion. as oftentimes and generally of great dirersity of opinion in the Senate, viz: First, the right there is a divi ion here. In the conference, both of these prop of the United States to permit the free use of the canal to any ositions were before the conferees, and the final determination ship~ sailing under the American flag, while collecting tolls was that which is now before us. ' from the ships of all ·other nations; and, second, whether admit- · l\fr. CUMMINS. I understopd all that. I was trying to ting the ·1ight to thus exempt ships sailing uuder her own flag, vindicate the judgment of the Appropriations Committee of it would comport with public policy to extend this privilege to the Senate in accepting the views of Mr. Mcllhenny, and I am all such ships. trying to say that the Senate, with deliberation and after a Able arguments in favor of and against the right of control 'good deal _of argument, adopted the views of the Senate com- of the United States in this matter haYe been made on the floor mittee, which were the views of l\Ir. Mcllhenny, speaking for of this Chamber during the· discussion, and to me it seems won the commission at that time. I am endea-rnring, with all the derful that the Hay-Pauncefote treaty, the construction of 'earnestness I possess, to persuade the Senate to stand by its which has produced such discordant views, a document treating •Appropriations Committee in its original action and stand by of matters of such great interest to the world in general and to its original decision with regard to this important matter. tlle United States in particular, should have been so drawn that 1 Mr. WARREN. Right there, I wish to make only an observa different Senators seem compelled to look at it from such illffe1: tion. I hope the Senator will credit the conferees on the part ent angles and draw diametrically opposite conclusions from a of the Senate with standing by through many a long day an · The neit question of di1rerence is whether American ships with their operation, for independent steamship lines can easily engaged in transoceanic trade, owned· or controlled by railron.ds, enter into a combination between themselves that will prevent shall be permitted to use the canal if they also engage in coast competition; and it is in evidence before the committee that no wise trade. competition exists between the foreign lines between New York There are some who fear that if such permission is given it and Europe nor in the coastwise trade on the Atlantic coast, will result in a monopoly of the trade by the railroad owned or and yet these are· not railroad-owned ships. controlled ships and that independent steamship lines will be I do ·not believe in prohibiting these railroad-owned shlps driven out of the coastwise trade through the ·stifling of com- from using the canal, but I believe in regulating them if their petition. · use of it should appear to be against the public interest. There is at this time only one American steamship line doing And in this view I am in pretty good company, for the com either a trans-Atlantic or trans-Pacific business. mittee hearings show it is shared by the President of the This line is the Pacific Mail Co., which has four fine ships United States, who has changed his previous views on the sub operating between San Francisco anQ. the Orient, competing ject, and by the Secretary of War, and by Prof. Johnson, the with the heavily subsidized Japanese lines. Government Special Commissioner of Panama Canul and tolls, This company has been in existence for many years, but it was and by Col. Goethals, and by the officials of the Panama Rail owned by private persons until 1900, when 51 per cent of its . road, and by the directors of the port of Boston, and by the stock was acquired by the Southe~n Pacific Railroad, which Chamber of Commerce of the State of New York, and by the still owns that amount of stock, the remaining 49 per cent being Arkwright Club of Cotton Manufacturers, and by otllers. distributed between some 1,100 stockholders. I expressed my sentiments in this matter speaking to a wit This Pacl:fic Mail Co. is the only railroad owned or controlled ness before the committee when I said I wished all the ships steamship line that appeared before the committee asking to be possible to go through that canal and the more American-built allowed the use of the canal, and in the nature .of things it ships and ships flying the .American flag the better I would would seem to be the only Ame1ican railroad owned or con- be pleased, provided always that it did not conflict with the trolled steamship line that would wish to use it. · general public interest. The great bulk of the business of this company is a pas That is my feeling about it, ancl I wish to see American ship senger business between San Francisco and the Orient, where yards and American ships given a chance in this matter. it is operating four splendid steamers. The majority of the committee voted to give · to railroad What it now wishes to do is to build four more splendid, fast owned or controlled ships the right to use the canal on the terms steamers, making eight in all, and have one to leave New York desired, but on the condition that one-half of their cargoes for tile Orient once every two weeks, making no stop until going or returning should be freight consigned to or from the reaching Colon, the Atlantfo entrance to the Panama Canal, Orient. where it will t~ke on freight for the Orient that has been I object to this proviso, considering that it is impossible of brought to Colon by smaller steamers from the Gulf port&; practical execution, because subject to contingencies beyond then proceed through the canal, touching at Los Angeles, San the power of the ship to control; and I should like to see that Francisc0. and over the sea to Honolulu, on to Yokohama, provision struck out of the bill. Japan, Manila, and Hongkong, and thence back to New York by I believe that all American ships should be allowed Ole use same route, a voyage of 25,000 miles. of the canal on equal terms and that these Pactfi.c Mail Co. Four new ships, costing $12,0007 000, are to be immediately railroad ships should either be allowed to use the canal without contracted for in American shipyards, if the company is per conditions or not allowed to use it at all. ·1 tnitted to use the canal. But I should wish to see them allowed to use it in the begin The company will have to depend on its passenger traffic to ning, at least, and then let their continued use of it be con make the enterprise pay, but wishes to supplement this by tingent on the fact whether results proved such use was bene getting such freight for the Orient as it can pick up at Colon, ficial or detrimental to the public service. Los Angeles, and San Francisco. I fully agree with the Secretary of War when, in discussing Yet there is opposition to this plan based on the fear that this question before the committee, he said: it will stifie competition, although the outside cargoes of freight My general principle bas been that I would not kill a child for fear carried by these boats could not exceed 200,000 tons per year, that it was going to he.Te the mumps. I would not kill a.ny merchant while it is estimated that several millions of tons per year will marine that we have. pass through the canal. . And I likewise :fully agree with the statement made during I do not see how competition on the great highway of the the committee hearings to a witness opposed to railroad ships ocean cun be stifled in this way. by the Senator from :Michigan [l\fr. TOWNSEND] : I wish to help American shipyards, employing thousands of I am looking at the thing to find the solution of the problem that is best for the people. I do not give a rap for your boats or for any other American workmen, by all legitimate means that I can; and I boats. I do not think we are here to legislate for your benefit or for the wish to see the American flag flying from all the ships possible; benefit of the railroads, but we are here to legislate for the benefit of and these ships must be built in American shipyards and must the people if we can get at it. · sail under the American flag. Later on during the hearings I said to the same witness that I would not for n. moment be willing for them to use the Senator TOWNSEND expressed the sentiment of the whole com canal if they could thereby destroy competition, but I have no mittee when, speaking for himself, he said that he did not · fear that they can do it or that they will attempt to do it, care either more or less for a ship line because it was owned knowing as they do that the same go>ernmental agency that by a railroad or by an independent line, but the question was permits them to use the canal will be invoked to forbid its use how best to conserve the general public interest, and, speaking for them if they try to abuse the privilege. for myself, I thought that on general principles the more ships. Congress is in session practically all the time and could, use the canal the better the public interest is apt to be con whenever deemed necessary, forbid the use of the canal to any served. railroad owned or controlled ship that sought to act in a man Those were my views then and they are uncha·nged. ner detrimental to the public interest. Mr. JO~"'ES. Mr. President, the United States owns a strip of It is useless to say that if these ships are once allowed to use territory across the Isthmus of Panama 10 miles wide. It is ours the canal it will not be possible to ever revoke the permission, by grant from the Republic of PanRma; no one disputes our title for we all know that in ·this country the antirailroad side is and no one can dispute it. Over it flies the flag of the Republic the popular side. representing the sovereignty and proprietorship of the Nation These ships could be put under the jurisdiction of the Inter just as it represents that sovereignty and proprietorship over any state Commerce· Commission, if necessary, from the outset, and other territory belonging to the United States. We have estab that would certainly remove the possible danger of attempting lished a government. Order is maintained; our courts admin to strangle competition. · ister justice; civil rights are enforced, and all the rights and I know the Interstate Commerce Commission does not desire powers of sovereignty are being exercised. to be vested with this jurisdiction, but that is no reason it Through and across this strip of territory, and wholly within should not be if deemed necessary, and it is idle to say that it its limits, we are building with our people's money, and will is not practicable to do it, for it is a matter of administration soon have completed, a great canal · through which will pass that could be certainly worked out: . much of the world's commerce. This canal will be built by us But I do not think it is necessary to .do so, for the knowledge and by our money. It will be operated by us. We will protect · of the company that it would be denied the·. use of · the canal it. It is ours. It will be built through ou:r territory; our by Congress if it acted against the public interest ·would be Nation owns it. Can we say how we shall use it? That is the sufficient in itself to make it careful. qllestion which meets us at the threshold of the consideratioi;i Personally I believe that th~re w9uld be ;wore" dangeJ' to Qf this bill. · _I have no doubt as to what the American people cori:lpP.tition without the operation of tiiese railroad ships than think about it. There is no doubt as to their answer to the 10274" CONGRESSIONAL RECORD-SENATE . AUGUST 6 '··I question; in fact, they arc 1ery likely to be surpri ed that such insure equal treatment among them without depriving itse11 a question should arise. It has never entered their mind t~at of any of its sovereign or proprietary right und without recog.. ; this Go>ernrnent could not use its own property and deal wlth nizing the right of a.ny people to interfere or question its it own people as it sees fit without asking the consent of any treatment of its own people in regard to its own property and other go>ernment or people. ten'itory. Some contend, however, that although we bought the terri Ever since Balboa stood on the crest of the Cordilleras at the tory, built the canal, and own them both, we mu t use the Isthmus of Panama and gazed upon the placid waters of the canal for the benefit of others and to the disadvantage of our Pacific the people of the' world have dreamed of a canal across sel>es and our own people. I this so? Cun we exerclse only the Isthmus connecting the two oceans. From the independ··· tho e rights of a sovereign and of a proprietor that benefit other ence of the Spanish~.A.merican Republics the American people nations at the expen e of our own people and deny thelll: the have interested tbemsel ves in this great undertaking. In 1 35 the prilileges and 'benefits wbich every sovereign and proprietor Senate instructed the President to ~nter into negotiations with ordinarily can extend to his own? If I believed that we were the Governments of Central America and New Granada, witb limited in our treatment of our own people and our own v~sse~s, the view of affording protection to individuals or com11anies as. some haye contended, I would not discuss the question l~ proposing to construct such a canal and to insure the free use open se sion, but if I felt compelled to adYocate sucb. a posi -and navigation of it to all nations. The Nicaragua route came tion, I would do it only in executive se sion, where no record into favor, and franchises were secured by various parties look would be made that could be used against our Government and ing to the construction of such canal throuah Nicaraguan terri people in any conh·oversy that may hereafter aris.e. I do not tory. Prior to 1850 Great Britain asserted a claim to a pro. say this in criticism of those who have publicly discussed ~nd tectornte over the Mosquito coast country. Gold was disco>ered advocated this slde of the controversy, but simply as expres 1ng in California, and renewed intere t in the canal was taken by my own -.iews as to the proper action to take. In any cont.ro the United States. In 1850 the Clayton-Ilulwer treaty was versy that may arise between our Government and a ~ore1gn made and ratified. power, where there is room for doubt I wil~ neyer admit that This treaty, by express terms, had reference only to the canal my Government is in the wrong except withm tbe secret walls to be constructed "by the way of the River San Juan de Nica· ' <>f this historic Chamber. . ragua and either or both of the lakes of Nlcaragua or Managua In my judgment, however, we can use this territory and thIS to any port or place on the Pacific Ocean," but it recognized in canal just as we can u e any other territory or any other water the eighth section the possibility of the construction of such way of the country. We can permit our ships and our people canal by way of Tehauntepec or Panama. This treaty did not to use, it and occupy it just as we per~it _them ~o u e_any of contemplate the construction of the canal by either Government,• our other waterways or territory. This is derned, how:ev~r, but, on the contrary, expressly declared that neither the United because of a treaty between this Goyernment and Gr~at Br1tam, States nor Great Britain "will ever obtain or maintain for under which it is claimed that we can not permit our own itself any exclusive control over the said ship canal." No forti people to use this canal except upon exactly the same. terms fications were to be erected or maintained by either Government that we allow the people of Great Britain and other nations to in connection with or in the icinity of the canal, nor was either use it. The American people are jealous of their rights, but Government to acquire any rights or adva.ntages for itself or its they also hold sacred their promise. citizens in regard to commerce or navigation through the said However unfair and however burdensome any treaty sol canal not enjoyed by the other. Both Governments obligated emnly made and ratified ruiiy be, it will be sacre<'.!lY kept until them elves to protect any persons constructing the canal from abrogated, and I yield to no one in upholding at any cost ti;e "unjust detention, confiscation, seizure, or any violence what Nation's honor. soever." Is there any treaty that restricts our power to permit the Article 5 of this treaty reads as follows: use of this canal by our own people upon such terms as we The contracting parties further engage that when the said canal see fit to impose? Could any treaty be made that limits and shall have been completed they will protect it from interruption, seiz restricts the power and right of the Government. to deal with ure, or unjust confiscation, and that they will guarantee the neutrality its own people and i~s own property? In my JUdgm.ent. the thereof, so that the said canal may forever be open and free and the capital invested therein secure. Nevertheless, the Governments of the treaty-making power can not take away or cede a way this right. United State~ and Great Britain, in according theft· protection to the The Senate and the President can not deprive _ the United construction of the said canal and guaranteeing its neutrality and se States of any of its rights of sovereignty, and that is what curity when completed, always understand that this protection and guaranty are granted conditionally and may· be withdrawn by both this would be doing. If it be said that this is not ceding n.way Governments or either Government, if both Governments or either Gov ~overeign rights, but it is giving or granD?g proprietary rights, ernment should deem that the pe1·sons or company undertaking or I say this can not be done by the. President and the. Senate managing the same adopt or e tablish such regulation concerning the traffic thereupon as a.re contrary to the spirit and intention of this in the exercise of the treaty-makmg power. The right to convention, either by making unfair discrimination in favor of the com use our canal and the territory through whlch it runs as merce of one of the contracting parties over the commerce of the other we may desire is a property _right, an~ the establ~shment of or by imposing oppressive exactions or unreasonable tolls upon the pas sengers vessels, goods, wares, merchandise, or other articles. Neither rules respecting the use of this canal is !he establishmen~ of party however, shall withdraw the aforesaid protection and guaranty rules in respect to the property or territory of the Umted witho'ut first giving six months' notice to the other. States and under section 3, Article IV, of the Constitution only In other words, the United States and Great Britain guar "the Congress," and not the Senate and the President, "shall :mtee the neutrality of any such canal, but such neutrality and · ha >e power to dispo e of and make all needful rules and. regu equal use are granted conditionally upon equal obligations, and lations respecting the territory or other property belongmg to either Government might withdraw from such obligations if the United States." Any treaty purporting to make rules and those managing the canal should make " unfair discrimination " reimlations respecting that canal or the territory through which or impose "oppressive exactions or unreasonable tolls." it :mo. purporting to restrict its use by the uuited States ~Jnsses It will be noted that under article 5 the United States and is beyond the power of the President and the Senate and not Great Britain simply provide for securing fair and equal treat binding upon the GoYern01ent 01· the people of the United States. ment to themselves by those operating the canal. In order, It will not be presumed that an attempt was made to do what howeYer, that other nations might ha.Ye the benefit of the canal there was no constitutional power to do. upon equal terms, but also with equal obligations, article 6 Does the Hay-Pauncefote treaty assume to depri>e us of our obligated the contracting parties "to invite e,·ery State with ri"'ht to deal with and treat our own sllips in the use of our which both or either have friendly intercour e to enter into . o;n canal as we deem best? I do not think so. Surely, no stipulations with them similar to those which tlley have entered one will contend that the President and l\Ir. Hay, who negotiate_d into with each other, to the end that all other States may share that treaty, and the Senate, whic~ ratified it, intended to give up our right to allow our own ships to use our own ca.nal and in the honor and advantage of having contributed to a work of our own territory as we might deem best. They were patriotic such general interest and importance as the canal herein con men de>oted to the welfare of our country and jealou of its templated." rights and the rights of its citizens, and I will not believe that Article 8 is as follows : they intended anything of the sort. If the people of this coun The Governments of the United States and Great Britain having not only desired, in entering 1~to this conventtc:rn, .to accomplish a particular try believed that they intended to give up such rights, no words object but also to estabhsh a general prrnc1ple, they hereby agree to could express their indignation, and such a deliberate intention extend their protection, by treaty stipulations, to any other practicable would be regarded as little short of faithlessness to the great communications, whether by canal or railway, across tbe Isthmus which connects North and South America, and especially to the lnteroceanic trust reposed in them. If they had thought so when this treaty communications, should the same prove to be practicable~ whether by was pending, such a waTe of indignation would have swept the canal or railway, which are nc;>w proposed to be establishea by the way country as would have buried such treaty in oblivion. I am sure, of Tehuantepec or Panama. In gr.anting, however, their joint protec tion to any such canals or railways as a.re by this article specltled, it and the people believe, that they simply agreed that the United is always under tood by tbe United States and Great Britain that the States would treat all nations with absolute impartiality, and parties constructing or owning the same shall impose no other charges 1912. OONGRESSION AL RECORD-SENATE. 1027.5 or conditions of traffic thereupon than the a"foresaid Uovemunents sh-a.TI While but li-ttle attention had been paid t o the -Cln yton-B tl'.lwer approve of as just and eguitable ; and that the .same 'canals or :railways, being .open to the £Citizens Ml.d subjects of .the United States a.nd Great treaty it had never been formally abrog:i.ted. Under that t resty . Britain on equal terms, shall n.l so- be op·en on ;Jike terms to the citiz-ens t the Governments of the United States and G11eat Britain had and subjects -0f every other State which 1s willing to grant thereto such · declared thu.f neither would " e~ er -obtain ·or maintain fo r it elf protection as the United S.ta.tes .and Great Britain engage to afford. any exelusive control,_, o-nu· any ·canal eon tructed across the This, in brief, is the Clayton-Bulwer treaty made in 1850. It Isthmus. It had become evident that the United States must is not wort'.h while here to discuss why any recognition was construct the canal or _gmrrantee its construction, and in so given, if given, to the claims of Great Britain in Nicaragua .or the doing it would be nec.essa:r:y for it to hn:ve ex.d mfrrn control o>er Mosquito Ooast coUJJ.try contrary to the Monroe doctrine. Nothing it. The a.brogation c0f_ .fhe Clayton Bl:lhve-r ;tr.eaty was sought was said concerning such claims in this treaty, but it did recog- tty the Umted States. That t reat y, if it amounted to anythlng. nize for some .reason or other Great Britain's illterest in the was so1ely a hindrance to the construction of thB .canal. It -was construction of a canal connecting the two .oceans, and Great of no benefit to England, whose ·f}retensions t o the Mosquito Britain and the United States assumed equal obligations in re- coast and Nicaragau at the time had lon g smce l n.-p sed. In lation to such canal and were to receive equal treatment. The consenting to its abrogation England :gaTe np n ot hing except canal was to be constructed tocough territory foreign to -both of the pretext of 'Obstructing the ibnilding of the cann.1 'by the these Governments, and was to be constructed by private :par- United States if it desired to do -so. While some con tend that ties or companies. Both natio.ns were desirous that such canal Great Britain made or -gave up valuable eonees ions in t he should be consttructed and were anxious to further .such eon- abrogation of the Claytoo-Bulwer n·eaty, and while they may struction in every way possible. The abject of this treaty was be right, I can not myself agree to fillis. At ~Y :r ate, the to promotB the ·construction of the canal -by .encour.aging, assist- Clayton-Bulwer .treaty was expressly abrogated by t he treaty ing, and protecting those who were engaged in the great center- :of :November 18, 1901, transmitted ·by President Roo evelt to prise and to insure !i.ts neutrality wherever located and to the Senate DecB-mber 4, 1901, and ·:ratified Dec.ember 1:6., 1901, guarantee equal treatment by those ope-rating the canal to all by a vote of 72 yeas :and 6 na.ys. 'This treaty is known ns the nations entering into stipulations similar to those between Great Hay-Pauncefote treaty. Brita.in and the United States. The treaty was enter:ed into "to This t~ea!f:y was expressly 'declared m its ·preamble to be tor accomplish a !Particular objeet"; that is, the construction ,of a , the pur_pose ·of ~acilitating .the construction of the canal to con canal connecting fhe waters of the two oceans :and also to es- . nect the Atlantic and Pacific Oceans ·bY whatever route might tablish "a general principle"'; that is, that such·cana1, wherever be con~dered expedient and. "to remove .any objection which constructed, should be a neutral canal as among all nations en- may .arISe ·out of tl).e convention of tlie 19th of April, 1850, com tering into stipulations si:milaJ: to those ,.agreed to .between Great monly -called the -Cla-yton~Bulwer treaty, and the construction of Britain and the United States. such canal under the augpices of. the GoveTilillent '()f the United After the ratification of the Olayton-Bulwer treaty -varlous · - ~ta.tes, wi~0-ut .u;npairi~ the 'general princi~lB :. of ne.utmliza steps were taken .and Rule 1 is as follows : • than the United States; in other words, by " those observing The canal shall be free and open to- the vessels of commerce and of these rules." war of all nations observing these rules on terms of entire equality, . Again, it provides that "vessels of war of a belligerent shall so that there shall be no discrimination against any such nation or its not revictual, except so far as may be strictly necessary, in the citizens or subject in respect of the conditions or charges of trafllc or otherwise. Snch conditions and charges of traffic shall be just and canal." Does anyone suppose for a moment that a war vessel equitable. of the United States going through the canal could not re 'l'he canal shall never be blockaded, nor shall any right of war lie victual to any extent desired, even though the United States exercised, nor any act of hostility be committed within it. The United States, however, hall be at liberty to maintain such military police mig~t be at war with some other nation? Is it possible that along- the canal as may be necessary to protect it against lawlessness there is territory under the Stars and Stripes in which our war and disorder. vessels can not stop to revictual? I can not think so. Our It is plain to me that this rule refers to nations other than people will ne-ver admit it. the ·nited States. The United States stands on one side as the It is further provided that "the transit of such vessel through maker of these rules. · The other nations of the earth are the canal shall be effected with the least possible delay in those who stand on the other side and who are to observe the accordance with the regulations in force and with only such rules and for whose observance the rules are ma.de. This is the intermission as may i·esult from the necessities of the service." natural and ordinary construction to give to this language in This clearly refers to nations at war with nations other than connection with the preceding declaration that the "Unitecl the United States. The regulations in force would be regula States adopts" these rules. tions made by the United States for the purpose of governing · The owner of a ferry promulgates rules for the use of hi~ the passage of ships of belligerent nations through the canal. ferry to be observed by his passengers, not by himself, and when It is ridiculous to suppose that a war vessel of the United he says that "all persons observing these rules Il'.illY pass his States would have to pass through the canal any more rapidly hor. e and cows over this ferry" no one would understand that or expediti usly than the United States itself would desire. the terms " all persons observing these rules " includes himself Again, it is provided "no belligerent shall embark or disem and that he would charge himself for crossing his hor es and bark troops in the canal." It also is provided in rule 5 that cows on the ferry. If the owner of certain lands puts up a Vessels of war of a belligerent shall not remain in such waters- sign '~All hunting on these premises is prohibited," no one would contend that he could not hunt thereon. So it is with the lan .:}:teferring to waters adjacent to the canal, within 3 mari·ile miles of either end, and which are owned by the United guage of this rule. States--- · It is a rule. made by the United States for and under which longer than 24 hours at any one time, except in case of distress, and in all other nations or "all nations," if you please, "observing" such case shall depart as soon as possible. the rules shall be admitted to the use of the canal, so that when the United States says that the canal shall be free and open Were -these rules made to apply to vessels of the United to the vessels of commerce and of war of all nations observing States? Must our war vessels leav;e our own territory within the e rules it is the same as the ferryman saying that "all per 24 hours? If so, wh~re will they go? 'it is too plain to admit sons· paying him 25 cents" will be transported across the stream of argument that these rules were not made by the United on which his ferry operates, and there is nothing in the world States to govern themselves, but were made to be observed by that makes it a discrimination against any of these nations to the nations that were to use the canal on terms of equality. It permit our ves els to go through the canal free, while they pay, is unthinkable that we would agree to a treaty that required any more than it would be for the ferryman to carry himself our warships to leave our own territory within 24 hours, and across without charge. yet that is what we have done if any other construction is This rule s'imply says that all those nations observing the given to this treaty. rules laid down by the United States will be treated without Mr. BRISTOW. Mr. President, referring to the matter of the any discrimination the one against the other. This is in har landing of troops, the Senator is aware, of course, that, as a mony with the "general principle" contained in section 8 of matter of fact, we are now constructing barracks and expect the Clayton-Bulwer treaty. The United States is the only nation to maintain on the Isthmus and along the canal some two or upon which any obligations are imposed in connection with the three thousand American soldiers all the time. construction, operation, protection, and maintenance of the Mr. JONES. Certainly; and we expect and have voted to canal. All other nations are free from any obligations of any fortify the canal, and England has not made any objection. kind, and according to that "principle" the nations . without Mr. MASSEY. Mr. President-- obligations are to be treated alike, while the nation with obli· The PRESIDING OFFICER. Does the Sene'cor from Wash gations may receive different treatment. ington yield to the S~ator from Nevada? It seems to me that there is no room for argument and no l\Ir. JONES. Certainly. room for construction. The language is plain and the meaning l\Ir. MASSEY. I merely want to interject the remark that is clear, and there is not an American citizen with average we are fortifying it for offensive and defensive purposes, so far intelligence who will take any different view as to the obliga as this Government is concerned. tions and as to the rights of the United States in this respect. ~fr. JONES. Certainly; we are dealing with it just as if it While the meaning of this article and of this rule must be were our own, as indeed it is. arrived at from the language used, the construction that I Mr. POMERENE. Mr. President-- have given to it is confirmed by what would result from any The PRESIDING OFFICER. Doe~ the Senator from Wash different construction. If we are to hold that the United States ington yield to the Senator from Ohio? can show no preference to its own vessels, then we must say to Mr. JONES. Certainly. the people of this country that their money has built the canal; Mr. POMERENE. Mr. President, the Hay-Pauncefote treaty they must maintain it and operate it at their own expense· was made before we acquired title to the Panama strip. The they must protect it from disorder, from lawlessness, and fro~ Senator's position, as I understand, is that we have the right to damage; they must maintain its neutrality . at the possible ex fortify the canal and to blockade it, as we see fit. pense of much blood and treasure; and, notwithstanding all Mr. JONES. We have the right to do with it as we please. this, the vessels of war of the United States can not go through The provision against blockading does not apply to the United the canal except upon the same conditions, with the same re States, because no Government would blockade its own ports. straints, and the same charges which the vessels of war of any Mr. POMEREl~. Very well. In other words, we have the other nation must bear and pay", and that the vessels of citizens right to control it. When the Hay-Pauncefote treaty was before of the United States can not go through the canal without pay the Senate for consideration, the Senator from Texas [Mr. ing the same charges that are paid by the vessels of the citizens CULBERSON] offered the following amendment: of other countries who have no obligations and who have been It is agreed, however, that none of the immediately foregoing condi· tions and stipulations in sections Nos. l , 2, 3 4, and 5 of this article to no expense in connection with the canal. If any other con shall apply to measures which the United Stai::es1 may find it necessary struction is advocated, we must admit to our people that the to take for securing by its own forces the defense of the United States President of the United States, who· made this treaty, and the and the maintenance of public order. Senators who ra.ti:fied it, had no regard for the rights and inter I take it there is nothing in this proposed amendment which · ests of the people of the United States in framing this treaty. would be inconsistent with the position now taken by the Sen This I will not admit. ator from Washington. It certainly would have added to the A further examination- of these rules makes it certain that clearness of the contention which the Senator is now making. they were adopted by the United States for the observance of Can the Senator explain why, in view of at least a certain other nations. It is said that the canal " shall never be block amount. of obscurity which there is in the treaty, this proposed aded." The United States would never blockade its own canal amendment was defeated? or tlle canal or ports within its control. This .can mean nothing Mr. .JONES. Mr. President, I do not concede that there is except that the canal shall never be blockaded by nations other ·any obscurity in it. . It is just as plain to my mind as it is now :10278 CONGRESSIONAL RECORD-SENATE. AUGUST 6, worded as it would be wit}l that language in it. I have no kind• through the territory of the Central American States in doubt that those amendments were voted down by the Senate on accordance with which. it would put in the canal or see that it the theory that the treaty was plain and that we had that right was constructed. Negotiations had been had from time to time already, just the same as in the matter of fortifications. , . ·.... with Nicaragua, and negotiations were even pending with Co- Mr. O'GORMAN. Mr. President-- __ ,.. ;...:. ; ·• ' lombia at the time the treaty was made for such concessions, The PRESIDING OFFICER. Does the Senator from Wash- and, under date of January 23, 1903, Pre ident Roosevelt trans- ington yield to the Senator from New York? ~:..~.~>.'>~~-:~_:,~_;~~it-:-.,)~· mitted to the Senate a treaty made with the Republic of Co- Mr. JONES. Certainly. ·· - - ,..-,,.y.. -··- -. ~ ... =_ 1ombia under which the United States was given "the ex Mr. O'GORMAN. Confirming the view of the Senator from elusive right for a term of 100 years, renewable at the sole and , Washington, the statement has been made repeatedly during absolute option of the United States for periods of similar the discussion of this bill that the amendment .referred to by duration, so long as the United States may desire, to excaTate, ; the Senator from Ohio [Mr. PoMERENE] was voted down at the construct, maintain, operate, control, and protect the maritime l time under the belief that there was no need of amplifying tbe canal, with or without locks, from tl1e Atlantic to tile Pacific '. language of the treaty; that the treaty as it stood was suscep- Ocean to and across the territory of Colombia,'' and for this tible only of the interpretation that is now being argued for by purpose the Republic of Colombia granted to the United States the Senator from Washington. The Senator from Massachusetts for the term of 100 years, renewable as above provided, the [Mr. LODGE] has stated during the discussion that when he re- use and control of the territery along the route of the canal ported the Hay-Pauncefote treaty it was his belief that the pro- 5 kilometers in width on either side of the same. This grant, . visions referred to respecting the rules that were to be ob- however, amounted to nothing more than a perpetual Je :i se, nnd served by all nations were rules that were not intended for the was granted upon the conditions set out in the tre:i ty. The control of the United States; that it was the United States that United States bound itself to pay Colombia 10,000.000 on rati prescribed the rules which were to be observed by all foreign fl.cation of the treaty and an annual payment of 250,000 dur powers that sought the use of the canal upon the terms pre- ing the life of the treaty, beginning nine years after its date. scribed by this country, the country that built the canal. It wns expressly provided in article 4: Mr. JONES. Mr. President, that is my position exactly. I do The rights and privileges granted to the United States by the terms not think that we have any right to infer because certain of this convention shall not a1Iect the sovereignty of the Republic of ffered and voted down, that they· were Colombia over the territory within whose boundaries such rights and amendments Were O privileges al'e to be exercised. voted down because1of opposition to the substance of the amend- The United States freely acknowledges and recognizes this sov ments themselves. I would prefer, where no record was made, ereignty and disavows any intention to impair it in any way whatever to infer that they were voted down, because they were not con- or to increase its territory at the expense of Colombia or of any of the sister Republics in Central or South America, hut, on the con sidered at all nece sary, but that the same ground was Cffvered trary, it desires to ctrengthen the -power of the Republics on this con by the treaty itself. I can not in fact conceive, Mr. President, tinent and to promote, develop, and maintain their prosperity and in why any Senator should vote against those amendments unless dependence. he thought that the treaty as it was then worded accomplished When this treaty was negotiated no thought was entertained that very purpose. To think otherwise would be to reflect on of acquiring the title and sovereignty to the lands through his intelligence and patriotism. which the canal was to be constructed. Mr. PERKINS. Mr. President-- ··.~--·-- The canal, however, was built under conditions never con- The PRESIDING OFFICER. Does the Senator from Wash- templated by anyone at the time of the making of the Hay- ington yield to the Senator from California? Pauncefote treaty. The essential conditions underlying the Mr. JONES. Certainly. treaty are entirely Jacking. The canal was to have been built Mr. PERKINS: I wish to state that Senator Davis, of Minne- under concessions secured from other countries when using &ota., was at that time chairman .. of the Committee on Foreign foreign territory. It has been built, however, through territory Relations. He was, as is conceded by all, an authority on in- owned by the United States and over which the United States• ternational law, and took the view stated by the Sena!or from has full sovereignty. The canal is the actual property of the New York and that stated by the Senator from Washington. United States, built in and through the territory of the United There is no question about it, that the rules we did make were States. We own a strip of territory across the Isthmus of to govern other nationH than ourselves. Panama 10 miles wide, acquired from the Republic of Panama Mr. JONES. J\Ir. President, it seems to me i'c would be a by a treaty concluded November 18, 1903, ratified by the Senate, great reflection upon the intelligence and patriotiEm of Senators and final1y proclaimed February 26, 1904. By this treaty- who voted against those amendments to accept any different The Republic of Panama grants to the United States in perpetuity consh·uction. the use, occupation, and control of a zone ~f land and land under . Ur. President-- water for the construction, maintenance, operation, sanitation, and Mr. TOWNSEND.i. -'- protection of said canal of the width of 10 miles extending to the The PRESIDING OFFICER. Does the Senator from Wash- distance of 5 miles on each side of the center line of the route of the ington yield to the Senator from Michigan? canal to be constructed, the said zone beginning in the Carribean Sea 1\fr·. JONES. Cer·trim' ly. 3 marine miles from mean low-water mark and extending to and across JJ .. u the Isthmus of Panama into the Pacific Ocean to a distance of 3 Mr. TOWNSEND. Another thought has occurred to me, Mr. marine miles from mean low-water mark, with the proviso that the President, in reference to that proposition. If the amendment cities of Panama and Colon and the harbors adjacent to said cities, enator from Texas at that time had prevailed. which are included within the boundarie of the zone above described, Offered by the S shall not be included within this grant. The Republic of Panama it would certainly have excluded the other proposition, namely, further grants to the United States in perpetuity the use, occupation, the right of the Go.-ernment to admit its own vessels engage~ and control of any other lands and waters outside of the zone above in the foreign trade throu!?:h the canal without toll. It would, described which may be necessary and convenient for the construction, ~ maintenance, OJ.>eration, sanitation, and protection of the said canal then, in that case, be recognized as having limited the power or of any aU.xiliary canals or other works necessary and convenient of the United States simply to vessels engaged ]n its coastwise for the construction, maintenance, operation, sanitation, and protection · h f · of the said enterprise. traffic a.nd have excluded those engaged ill t e ore1gn trade. The Republic of Panama further grants in like manner to the United Mr. JONES. But why multiply words? The treaty is plain. States in perpetuity all islands within the limit of the zone above de Its purpose is clear. There is no ambiguity about it. The canal scribed, and in addition thereto the group of small islands in the Bay is to be built under" the auspices" of the United States. It is to of Panama named Perico, Naos, Culebra, and Flamenco. assume all the obligations in connection with the canal-to pay As showing beyond question the absolute character of the the money, to bear the cost, to protect it, to insure its neu- grant and the transfer of sovereignty from Panama, article 3 trality-and the nations of the world, who have been to no ex- of the treaty reads as follows: . t' •th f t The Republic of Panama grants to the United States all the rights, pense and who are un d er no o bliga 10ns WI re erence o the power, and authority within the zone mentioned and described in article canal, will be treated impartially and without discrimination if 2 of this agreement and within the limits of all auxiliary lands and they observe the rules prescribed for them by the United States. waters mentioned and described in said article 2 which the United is all there is to it. That is our a2'.reement. States would possess and exercise if it were the sovereign of the terri- That ~ tory within which said lands and waters are located to the entire If this canal had been constructed under the "auspices" of exclusion of the exercise by the Republic of Panama of any such sov the United States, as contemplated when this treaty was en- ereign rights, power, or authority. tered into, it is clear to me that it would be at perfect liberty Jn other words, the United States is, by the express terms of to give a preference to its own vessels and citizens using the the grant, made the sovereign and proprietor of the land canal, and we might well stop here upon this proposition. There through which and in which the canal is built. These 10 miles is another phase of it, however, which appeals to me. across the Isthmus of Panama are the territory or property of When this treaty was entered into there was no thought upon the United States. As such, its control and its use is a matter the part of anybody that the United States would acqt1ire the of domestic concern with which and about which no foreign title to and sovereignty ove,r lands on the Isthmus through nation can interfere. · which the cnnal could be built. This treaty was made on the r_t'he Hay-Pauncefote treaty did not contemplate, and could basis that the United States would secure concessions of some ~ not contemplate, this state of affairs, and even if under the ~ 1912. CONGRESSIONAL RECORD-SENATE. 1027-9 terms of the treaty the United States would have been pro has any concern and with which we will tolerate no interference hibited from giving a preference to its own vessels if the canal whatever upon the .part of any other govern.merit. We may had been constructed under the conditions contemplated by the quibble and split legal hairs all we please here, but the people of treaty it can not apply to the present situation and to its rights the country know that this canal is ours, that it passes through in its own territory. our territory; and they know that, being ours and passing through As I have said before, it wQuld be beyond the power of the our territory, we can use it as we please and permit its use to President and the Senate by treaty to prescribe rules and regu our citizens upon such terms as we see fit to impose, and they lations with reference to the use or in respect to the propert;y will brook no interference with our rights in this respect by any or territory of the United States. That can be done only by nation on earth. Congress. What they could not do they will not be presumed l\Ir. President, foreign countries never hesitate to protect their to have attempted to do, and this, in my judgment, is a con own. Foreign statesmen deem it their duty to promote the in clusive argument against the contention that under the treaty terests of their own citizens rather than those of other people. the United States is prohibited from giving a preference to its They assert their own claims rather than the rights of others. own vessels passing through the canal. We will do likewise. We will observe our treaties with scrupu Hon. Hannis Taylor, a high authority on international law, lous honor, but we will insist upon our rights with unyielding writing to the Washington Post under date of July 24, 1912, firmness. The title to our territory, the integrity of our sov states that under international law- ereignty, will be maintained at· any cost. The American people It is well settled that a treaty becomes " voidable," not void, when will be fair, just, and impartial toward the nations of the earth, ever a change has taken place in the fundamental conditions existing but interference in the control of their domestic affairs and their at the time it was made. Hall, the highest English authority on in treatment of their own people will not be tolerated. When we ternational law, has thus stated the matter: " SEC. 116. The principle which bas been mentioned as being a surrender to, a foreign power the right to determine the treat sufficient t.est of the existence of obligatory force or of the voidability ment we shall accord to our own citizens, then we have sur of a treaty at a given moment may be stated as follows: Neither party rendered the Nation's strength and we will become a "his ing to a contract can make its binding effect dependent at will upon condi tions other than -those contemplated at the moment when the contract and a byword " among the nations of the earth. was entered into, and on the other hand a contract ceases to be If we llave tlle right to relieve our coastwise shipping from binding so so9n as anything which forms an implied condition of its the payment of tolls, as I am firmly convinced we have, -should obligatory force at the time of its conclusion is essentially altered. If this be trne-and it will scarcely be contradicted-it is only necessary we do it? It has been our policy to relieve domestic commerce to determine under what implied conditions an international agree from restrictions and burdens rather than to increase them. At ment is made. When these are found the reasons for which a treaty one time tonnage taxes were imposed, but in their imposition may be denounced or disregarded will also be found." In my own work on international law I have stated the matter in our own vessels were always favored as against foreign ships. this way: "After the validity of an international agreement has been Now no tonnage duties are imposed on vessels in the coastwise firmly established by the concurrence of such antecedents it may become trade. These burdens were not removed for the sole purpose voidable th1·ough the operation of subsequent events, which might not have such an effect in the case of private contract. So unstable are of benefiting shipping, but -more for the benefit of the people, conditions of international existence, and so difficult is it to enforce because such taxes were a greater burden on the consumers a contract between States after the state of facts upon which it was than they were on shipping. · formed has substantially changed; that all such agreements are neces sarily made subject to the general understanding that they cease to be To impose tolls on our coastwise trade passing through the obligatory as soon as the conditions upon which they were executed canal is to discriminate in the coastwise trade. It is claimed are essentially altered. In 1870, wlien Russia determined to repudiate some of the vital provisions of the treaty of Paris relating to the that about 10 per cent of our coastwise trade would pass Blacl{ Sea-by which she bad been fettered at tbe close of the Crimean through the canal. This would pay tolls. The other 90 per War, and which her subsequent development had rendered unbearable cent will be entirely free. While this 90 per cent does not go she rested her case, in part, upon that ground in the circular ' ad dressed to the powers asserting that the treaty of March 30, 1856, had through the Panama Canal, it goes on rivers and into harbors not escaped modification to which most Eurnpean transactions have and through canals upon which the Government has just as been exposed, and in the face of which it would be difficult to maintain surely expended hundreds of millions of the people's money. I that the written law founded upon the respect for treaties as the basis can conceive of no reason why tolls should not be charged on of public ri~ht and regulating the relations between Stat.es, retains the moral validity whkh it may have possessed at other times.'" these rivers, at these harbors, and iri these canals that does not . The two great humiliations to which Russia had been subjected by apply to the Panama Canal. We can not afford to begin now the treaty of 1 56 consisted of the forced surrender of her protectorate over the Eastern Christians and of the abrogation of her rights to keep the policy of discriminating in our coastwise trade. Millions war vessels in the Hinck Sea and to maintain naval arsenals on its have been spent at the Soo Canal; 50,000,000 tons of commerce coasts. So keenly did Russia feel the restraints placed upon her pass through it in a year without the payment of a dollar of sovereignty by the stipulations last named that the moment the ally who had aided England in imposing them upon her was stricken down toll. Why? Because it is and has ·been our policy for many she notified the other signatory powers, in a circular issued in October, years not to impose such burdens on domestic commerce. It is 1870, that it was impossible for her to be longer bound either by the said that to remit the tolls on the Panama Canal would be a gift objectionable artlcles of the treaty of 1856 or by the convention of the to shipping. Straits, really a part of it. To save appearances England deemed it best to call a conference in which the demands of Russia could be Is this a gift to the shipping interests of the Great Lakes? duly ratified. '.l'he representatives of the powers, who met in London No; because if tolls were levied, it would be a legitimate in January, 1871, after declaring that no State can break or modify a treaty without the voluntary assent of the other contracting parties, charge against consumers. No; it is in the interest of foe- neo fin.ally annulled, on March 13, articles 11, 13, and 14 of the treaty ple, of the consumers and producers of the United States, of the of Pads, while Russia and Turkey, by a separate agreement, abrogated .Middle West, and the East that no tolls are charged. No; it is the special convention mad ·~ between them at that time as to the size and numl>er of armored vessels the two riparian proprietors might rather in the interest of the whole Nation, because the whole maintain for police purposes. Nation is benefited thereby. The Soo Canal is a great national. The radical change wrought in c6nditions existing at the time of the work. While it may be of special benefit to certain secti9ns of making of the Hay-Pauncefote treaty by the transformation of the Canal It Zone from foreign territory into domestic territory of the United the country, it ·is of benefit to all. was pnt in by the Nation's States beyond all question renders the treaty "voidable" at the in ·money, and it is a narrow view that sees no benefit except to stance of the United States, under the principles of international law the immediate territory served. The people of the Pr ..: ific coast l!'tated above. Apart from our peculiar position and rights under the did their part toward paying the cost of this impro-, ~ment, as Monroe doctrine, how can we permit the European powers so far to interfere with our domestic affairs as to dictate the regulations to be well as the cost of improving the harbors of the Atlantic and made of the tolls to be charged in a domestic waterway built exclu the Gulf and the rivers of the East and the great Middle West. sively with our money and within our own territory? Certainly no patriotic American statesman or publicist should ever consent to the We are glad to do it, because these are great national works of submission of _such purely American and domestic interests to the national benefit. · arbitrament of The Hague tribunal, which will always be dominated by The Panama Canal is a national work and a national benefit · European jurists naturally hostile to us on questions of that character. the more nearly national of any work ever undertaken by th~ This treaty does not apply to the canal as constructed. If we Government. Why should not the domestic commerce passing had acquired the 10-mile strip we now own, the treaty would through it also pass through free the same as it does through never ha>e been _entered into. We would have gone on and the Soo? If we impose tolls on the commerce passing through built the canal without consulting any other nation on earth. the Panama Canal, what objection can be urged against impos If we want to build another canal or promote its building ing .taxes on the commerce through the Soo? Freedom of through foreign territory this treaty would apply, but so far domestic commerce is a national policy and was placed in the as the canal is now built is concerned it is just as if the treaty statute law in 1884, when it was provided- had never been made. · That no tolls or operating charges whatsoever shall be levied •or But, in any event, under the plain terms of the treaty we are not collected upon any vessel or vessels, dredges, or other passing water prohibited from giving a preference to our own ships, and by rea craft through any canal or other work for the improvement of naviga son of the changed conditions not contemplated in the making of tion belonging to the United States. the treaty by which the canal is our own absolute property, con This law applies to the Panama Canal unless repealed. It was structed in and through our own territory, the treatment of our enacted as a wise governmental policy. Its wisdom has never vessels is a purely domestic matter, with which no other nation before been questioned, and I submit that it is unwise, unjustly XLVIII---646 :ro2so CONGRESSIONAL RECORD-SENATE~ AUGUST 6; ~ 'discriminatory, unpab·iotic, and un-American to single out this, as to allow the ocean waters to go over it of sufficient deptb. the greatest of American internal improvements, and the Amer to float the largest ships. This we can not have, and the near ican commerce that may pa s through it, and impose upon it a est to it is a canal with the fewest and lightest possible burdens. burden that is ·not borne by commerce passing from port to Why should we impair this competitive agent by imposing port under similar conditions. burdens upon it at the very beginning'? Why not give it a fair We have boasted of the freedom of our internal trade. To test-a fair trial-and see just what the effect of its competi this freedom we have attributed much of our wonderful growth tion will be on railroad rates? and development. No partisan differences have arisen as to the I believe, and I think the country believes, that water trans .wisdom of this policy. The products of the East and of the portation is far cheaper than -railroad transportation and that West, of the North and of the South, go to any port of our water competition will do more to lower and maintain railroad great country untrammeled and unvexed by governmental tolls, rates at a just level than any other influence that can be taxes, or exactions. Under this powerful stimulus great cities brought to bear. Let us gi'rn it a fair test and see whether or . have been built, vast sections of the country have been popu not this is true. If it does not brin"' about the re ult expected lated and culti-vated, heavy forests have been leveled and given we can then impose such burdens as we think the traflic will place to fruitful farms and prosperous homes, deserts have been stand without passing them on to the people. reclaimed, and the fertility and energy of the ages have been Levy tolls on American shipping passing through the canal turned into wealth for the happiness and comfort of thousands. and you impose just that much of a tax, not «m the shipping, The continent has been crossed, rivers have been spanned, moun but on the people of the country, on the con umers of products tains have been tunneled, and great tran portation lines con carried through the canal just as the consumers of products structed from coast to coast. Under its benign influence billions carried on the railroads pay the freight. You may argue all of waalth have been created, millions of people have been at you please that these tolls would be so small that if distributed tracted to our shores, and the greatest commercial and national to the pound and the ton they would be so light that no one development of the world's history has been attained in a little would feel them and the same would not be collected from the more than a century of time. Under this influence the develop people, but we know that in the year's business they will be ment and civilization of the Pacific coast have made the Pan collected from the consumers just the same as any other legiti ama Canal a military, commercial, and national nece~sity, and mate expense. it would be nothing short of national folly to impair the ef But this is not all. · Every burden by way of tolls placed on fectiveness of that canal by the imposition of financial burdens. this competitor of the transcontinental railroads diminishes the What is the objection to free passage of American ships efficiency of that competitor just to that extent. This, it seems through the canal? This: It is urged that to relieve shipping to me, is axiomatic. Do the people . of the country want the of these tolls amounts to a gift to them, and that this is unfair efficiency of the competitor they have created at such a tre to the American people, who have built the canal; and it is mendous cost diminished by the imposition of tolls? I can not pointed out that $400,000,000 of the people's money will be ex think so. Again, and this. to· my mind is the most important pended, in the construction of the canal and that it will cost con ideration in connection with the question of levying toll , from ten to fifteen million dollars each year to maintain it; and all tolls laid Qll the competitor of the railroads enables the the question is ·a sked, Why should the people bear this burden? railroads to maintain their rates at a higher level than they Why should not the ships passing through the canal bear their could if there were no tons. This is certainly true if the share? If the ships use the canal why should they not pay Panama Canal is a real compector with. the railroads. How for it? It ought to be a sufficient answer to say that if pay much higher the railroads couid. maintain their rates no one ment is exacted of the ships passing through the Panama Canal can tell. It probably would not be the amount of the tolls per why not from . hips at the Soo, on the l\fississippi, on the Colum ton but in the aggregate it doubtless would amount to far more bia, on the Ohio, at New York, Galveston, and all other ports than the aggregate of the tolls collected on the Isthmus. We which have practically been made by the people's money and know this, too, that a tax levied on a competitor is often made for which we appropriat~ each year for maintenance and an excuse for charging more by the nont..'l.xed competitor on further improvement millions of the people's money'? No sug his products than he otherwi e would charge, and oftentimes an gestion is made, however, that this should be done, or that the excuse for charging a greater amount even than the tax itself. law to which I have referred should be repealed, and I venture To levy tolls on domestic ships going through the canal is to to say that ·if it were proposed to impose tolls on the ships make the people pay not only these tolls in the increased cost passing to these ports through the canal and on these rivers of the things they buy transported by the ships, but it also there would be determined opposition to it; but just a.s sure as will make them pay a far greater amount in freight rates to tolls are impo ed upon American ships passing through the the railroads of the counb·y. This is not only true as to the Pana ma Canal so sure has the end come to the free passage of coast-to-coast business, but it also will be true of the interior ships through domestic ports and .channels of transportation business of the country. Water routes from coast to coast made and impro·ved by the people's money, and those who favor affect the raih·oad rates far inland, and the more effecti"rn the the imposition of tolls at Panama might just as well understand coast-to-coast competitor the farther inland will railroad rates now that they will have to face that proposition. be affected. I do not favor no tolls at the Panama Canal as a special bene Mr. GALLINGER. l\Ir. President, some years ugo I spent a fit to shipping. It is significant that those interested in shipping delightful hour watching American shipping go through the transportation who appeared before the committees when hear Sault Ste. Marie Canal, which, I assume, goes through free of ing were held did not attach very much importance to the toll. I noticed what is well known to most people, that the question as to whether shipping should be free or not. This Canadian Government bas built a parallel canal to ours, throu'gh indifference, in my judgment, came from the fact that in the which Cauadian ships also go free. end the shipowners would not pay the tolls. They would pass l\fr. JO~"ES. I think so. them on to the consumers as they do other operating expenses. Mr. GALLINGER. If that Canadian canal had not been built, This is the very reason why I am opposed to imposing tolls, and would we have exacted tolls from the Canadian shipping if it it lies as the basis for the law to which I have called attention. had passed through our canal? I oppose these tolls in the interest of the people, of the consum Mr. JO~TES. I should think so, unle s some other a1Tange ing public, who, in the end, must pay them, and not in the ment were made by the two Governments. intere t of shipping. Mr. TOWNSEND. No. If I believed the burden of paying the tolls ended with the Mr. GALLINGER. Would the Canadian shipping have shipowner, I would not be so much opposed to levying tolls; but passed through our canal free of toll? I do not believe it. The business interests of the country do 1\1r. TOWNSEND. Our treaty with Canada provides for the not believe it. They know that it is a burden on them and free mutual use of international waters and of Lake 1\Iichigan upon their consumption, and this is the reason why they are by the signatory nations. Under it the Sault Canal, the almost universally against it, and this is the reason why, in Welland Canal, the St. Clair Canal, and the St. Lawrence 1884, we enacted the law relieving all domestic commerce from Canals are open to the boats of both countries. Part of these the e burdens. waterways are wholly in American territory and some are en One great object in the consb·uction of the Panama Canal, tirely in Canadian territory, and the treaty gives the benefits aside from its military benefit, was to secure the shortest pos of navigation in all four to both countries. sible unobstructed water route from coast to coast in competi Mr. GALLINGER. So there was reciprocity as between the tion with the transcontinental railroad lines; not to destroy two countries? them, but to regulate and control their rates. Such a controlling Mr. TOWNSEND. There was. 1nfluence is very desirable and of the greatest benefit tO the Mr. GALLINGER. Then we would get a quid pro quo for people of every section of our gr~t country. The ideal water any benefit . we mig_ht give the Canadian shipping. I simply ronte would be secured by leveling _the Isthmus of Panama. so wanted to clear that in my own mind, because I did not know 1912. CONGRESSION:A.L RECORD-SENATE_._ 10281 exactly what the rules were there. I very strongly sympathize commerce thrQugh our canal across our territory on the Isthmus with the position the Senator has taken and is so ably advo of Panama. We ask that no toll gatherer be stationed at the cating to-day, and.I will join with the Senator in endeavoring portals of this the greatest of all national works to halt and to get our vessels through the Panama Canal free. I think we burden our own ~hips seeking to use our national waterway, ougllt to legislate in that direction, and not burden our Amer and especially those going from one American port to another ican shipping on the ground that we are 1:.Wd up by some treaty loaded with American products for American consumers. YV e that never would have been made had the same conditions ask that this great competitor of the transcontinental lines be existed at that time as existed when the canal was built. unfettered and untrammeled to do the ·great. work of lowering Mr. JONES. Knowing the broad and patriotic view the Sen and controlling rates in the interest of the great American con ator from New Hampshire takes with respect to all great prob suming public. We ,nsk that its cost and expense be borne by lems, I was satisfied that he would take that position in refer the Nation, as the cost and expense of all similar works are ence to this matter. borne in order that all the l)eople -of the Nation may receirn So, as I view it, if we should levy $1,500,000 annually as the blessings and benefits that we expect to flow from it. We tolls on .American shipping going through the canal this would ask that the flag of our country mn~· mean the 1mme on all be paid in the first instance by the shipping interests and, American ships passing through this canal that it means on an if it stopped there- and if they alone bore thi§ burden there American ship in any other American waterway-equal oppor could not be much objection to it, but it would not stop there tnnity, eqnar i·ights, equal benefits, equal treatment to all our for at the end of the year they will have collected from the people and to every section of our beloved land, and no interfer people of the country this $1,500,000. Tb.e people wm have ence by any foreign power. paid it. In addition to this the railroads of the country will The other impoi:tant question in this bill is the one as to ha l'e been enabled to collect from the consumers of the products whether or not we should exclude railroad owned or controJled transported by them many times $1,500,000 in additional ships from the canal. They are deserving of fair treatment and freight rates that they have been enabled to collect because of just consideration, the same as any other great !:rnsiness. They the imposition of tolls on their competitor through the canal. have been a tremendous influence in the wonderful development The business interests of the country know this and they look of our country. They have had much to do with produclng the to us to relieve them from this burden. The railroads are not civilization of whlch we are so proud and are lasting monu to be condemned for taking advantage of such a situation. ments to the nerve, confidence, ability, and genius of American They are not to be condemned for looking with apparent indif enterprise. They furnish to-day a service that is keeping pace ference upon our attitude upon this important question, al with the demands of a rapid-living people, and nowhere in the though I am satisfied that they are doing all that they can to world are accommodations so excellent, the senice so perfect, encourage the sentiment favoring the levying of tolls. We, as or the rates so reasonable as in the United States. the representatil'es of the people, ought to be condemned, in my The railroads are quasi public agencies.· They perform gov judgment, if we allow this burden to be placed upon the people ernmental functions, and as such they should be confined to the of the country by our legislative action. We should not permit purpose for which they are built, to wit, the transportation of the charge that we are favoring the shipping interests at the pa~sengers and freight on land over the lines constructed and expense of the Federal Treasury to swerve us from what we operated and under Government supervision and control. While believe to be for the real and lasting benefit of the people of owned and operated by private individuals they secured their the -country. franchises through the Government, State or National, for a And right here, as I have done before, and as I expect to do particular purpose, and they ought to be restricted in their nt every opportunity, I want to refer to the intolerant spirit operations to the particular service for which they are org~nized. that sees wrong motives in everyone who does not agree with Because of the abuses whic}j. have grown out of their engag us. I note on the part of those who are in favor of free tolls ing in other than transportation business legislation has been the charge and suggestion that those opposed to free tolls are enacted to eliminate their ownership and dealings in commodi the tools of the railroad interests of the country. Their motives ties in conjunction with their transportation business, and such are questioned, and the impression is given to the people that legislation has met the approval of the people. Railroads are the Senators and Representatives who are opposed to free tolls operated by men moved by the same purposes and impulses as are willfully and purposely working for the railroad interests. dominate those engaged in other enterprises, and it is not to be This is not true. Their motives are just as honorable and just wondered at that they strive to mqnopolize transportation. · It as patriotic as are the motives of those who favor free tolls. is natural that they should seek all the business and profit pos They believe their opposition is in the interests of the people, sible. They are big enterprises and big men, powerfui men, and any suggestions to the contrary are wholly unfounded and domineering men, and they bend their energies ..to securing the unjust. On the other hand, I note that it is charged that those profits that accrue to the business and also keenly enjoy the fa\oring free tolls are working for the benefit of the shipping feeling of conquest that comes from the Ol'erthrow of a rival interests und the suggestion is made to the people that these competitor. Senators and Representatives are diSregarding the interests of It has been the policy of the railroads in the past to stifle. the people and are purposely aiding :md promoting the shipping control, and to minimize water transportation. As a result industry to the detriment of the people's good. This is unfair, transportation on our rivers has practically disappeared. In unjust, and unwarranted. The differences on this great ques many cases it has been driven out of existence by the cutthroat tion are honest differences upon the part of Representatives rates made by railroad lines for that very purpose. So often and Senators who are all reaching for a common goal, and that had this been done that two or three years ago legislation was is legislation which will be of the greatest good to their people enacted to prevent it. It also is generally known that the prin and their country. I am for no tolls not because this will cipal steamship lines of the Great Lakes and the Atlantic and benefit shipping, not because it will injure the railroads, but Pacific coasts are to-day under the control and operated by because it will benefit the people and I believe this is the railroad lines, and the result is that there is no great difference motil'e actuating every Senator in his action on this bill. between the rates charged by the railroads and those charged The levying of tolls will decrease the use of the canal to a by the water lines for the same service. This result has come greater or lesser extent; how much no one can say. The people about not by the reduction of railroad rates but by the raise wa.nt the greatest possible use made of it. We can get this only of water rates. by relieving the shipping of all possible burdens. The greatest In the opinion of the Interstate Commerce Commission, in the possible use of the canal by domestic shipping means the great case of the Jennison Co. et al. v. The Great Northern Railway est possible influence toward lowering railroad rates. It is con Co. et al., rendered l\Iarch 15, 1910, and involving rates on the tended by some that if tolls are charged on American ships Great Lakes and corresponding railroads, the commission says: no ships will be built to use the canal. This statement I be Certain railroads with lines reaching from Chicago to the seaboard, lieve to be too strong. There will be no inducement to build or from Buffalo to the seaboard, own and control practically all of the railroad mileage between Chicago and the seaboard, and also own or ships for the foreign trade but there may be, and doubtless control all of the regular lines of package-freight-carrying boats on the wm be, business sufficient to induce the building of addi Great Lakes. Therefore practically all of the tonnage of wheat and tioual ships for the coastwise trade. I ha-ve no doubt, however, wheat products that is transported either all-rail or lake-and-rail, or rail-lake-and-rail from Minneapolis or Duluth to the seaboard or to but that no tons will mean the building of many more ships New England is transported in whole or in part by these carriers. than would be built if tolls were levied. If this is true, it would Prior to the absorption of the lake lines the mil-lake-and-rail and be a great national benefit in the employment of additional labor lake-and-rail rates on flour had fluctuated considerably, but. in general, in 'American yards at American wages and more happiness and the rail-lake-and-rail rate was a well understood and established differ ential of 5 cents per 100 pounds under the all-rail rate. Early in 1898, comfort in American homes. after the railroads had secured control of most of the lake lines, that We ask no favors, but we do ask that the policy of more than differential was narrowed to 3 cents by increasing the rail-lake-and rail rate, and in April, 1902, after the railroads bad completed their a quarter of a century toward our domestic interstate commerce (control of the lake lines it was narrowed to 2 cents by another increase in our rivers, harbors, and canals be applied to our domestic in the rail-lake-and-rail rate. Sixty-five per cent of the product of the . 10282 CONGRESSIONAL RECORD-SENATE . AUGUST 6. ' Minneapolis mills that goes to tlle territory east of Bufralo or Pitts In ~ s!lme vein can be cited my oW-0 peTsonal experience on the burgh is shipped rail-lake-and-rail. Columbia River between Portland and the head of naviaation for vessels * * p lying out of Portland on the Columbia River, namely~ The Dalles. In In 1900 the *rate on fl.our * via 1ake* and rail* from Milwaukee* to New 1903 I inaugurated service between these points by placing the steamer York was 24 cents per barrel, and in 1907 it had been increased to 31 Charles R. _Epencer on the run. A figlrt was immediately commenced cents per barrel, while during the same period the rate on wheat via by the Regulator Line, who had theretofore. been more or less inti the Lakes from Milwaukee to Bu1falo was reduced. mately connected with the 0. W. & N. Co. through traffic agree ments. When the Greaf Northern interests commenced to build their * * * * * The traffic manager of* one of ihe defendants herein expressed* the road down the north bank of the Columbia from Spokane to Portland opinion that 3 cents per 100 pounds would be a fair difference between they secured a controlling interest in the Regulator Line. The river all-rail and rail-lake-and-rail rates on fl.our, and admitted that, because transportation, both as to freight and passengers could be carried of common ownership between the all-rail and lake-and-rail carriers, p:ro:fitably at a less rate than the railroad company' were charging for if a 5-cent differential were agreed upon it could be maintained. An the same business. When the North Bank Railroad was placed under other traffic officer of one of the defendants expressed the opinion that the control of tbe operating department the steamboat line which had a differential of 2 cents is not sufficient. been used for the construction of the road, was utilized to drive the rem.aining vestI~es Qf river competition into oblivion. I contended This is sufficient to show what has been done on the Great against these oads until th.e summer C!f 1910, when I was forced by !Lakes. the. utt er lack of returns m a financial way to withdraw from the busmess and to sell the steamer. Since that time this same line of I also desire to call your attention to the statements made by · s~eamers has. been running in oppo ition to the Open River Transporta Hon. J. N, Teal, of Portland, Oreg., before our committee. Mr. tion, Co. This company was formed and promoted by the business men Teal represented the various organizations and business inter of 1 ortland and the Cclumbia River Valley to utilize the natural ad van,tages afforded by the .Columbia River for the transportation of farm ests of the Pacific coast and has giyen special attention to the products and farm supplies to and from Portland and upper Columbia matter of railroad and w a ter r a tes. He says: Valley points in connection with the State Portage Road, built by the Let me give you an illustration in which I have said I am inter State of Oregon ~o!IBd The Dalles Rapids. from the Big Eddy to Celilo. e ted. I may not be able to speak about it understandingly, but I :J;his x:oad was on~mally .built by the State of Oregon to assist water can speak feelingly, because I have helped pay for it. We have on Imes ~ tra~portID~ freight in direct competition with the railroad the Columbia River a boat line that was -started by the people for comp~mes and has s1_n~ been extended to 'l:he Dalles, Oreg., because of the purpose of operating on the Columbia River. Upon one bank better connectin.g facilities. At the completion of the Cellio Canal, now of that river runs the O. W. R. & N. Railroad and on the other bank ~~~~~o~~~uction around The Dalles Rapids, this portage road will be the Spokane, Portland & Seattle Railway. The latter railway com pany also operates a boat line upon the same river between Portland If the competing lines of railroads, one the 0 . W.R. & N. Co. on the south and The Dalles in competition with itself and in oompetition with ba~k of the Columbia River, and the ether the Spokane, Portland & Seattle this boat line. Let me show you the result when you are operating Railroad •. a child of the Greath Northern Railroad, on the north bank, against this kind of a propos0ition. You have a railroad owning a are permitted to own and operate steamboats in competition with those boat line, or rather two railroads owning a boat line-the Great operated by 1~cal companies, there can be but one result: The present Northern and Northern Pacific--with an income of not less than c~mpany, wJ:Uch ls fighting for its existence will be driven from the $130,0-00,000 or 140,000,000 a year, and, on the other hand, you nyer :ind wi~ retire a f?.nanc~al wreck. Railroad-operated steamboats have a boat line operating on the same river simply to get. the traffic will then begm to curtail their service until it will become so inade and to get it on reasonable terms. I will submit to the committee q~ate .and such poor accommodation to the farmers in the upper Colum that if rates are put so low as to be nonremunerative and the rail bia R1.ver Vallf'.!Y that rather than be subjected to the delay in trans roads lose $100 a day running their boat line on that river they could portation and infrequent service they will ship their goods by railroad take this insignificant sum out of their $130,000,000 or $140,000,000 at much higher rates. When this result has been accomplished and it and not miss it. On the other hand, suppose some steamboat com will not take a great :period of time, the railroad-owned steamers will pany or some .small organization that is trying to operate a legitimate be tied up ~mewhere m win~r quarters and they wlll not be brought line has to go down into its pocket every day and dig up $100 to meet out .and again placed in operation until some private steamboat interests the deficit, how long would it ln. t? When this boat line was started, agam hav~ the nerv~ and audacity to reestablish a new line of steamers. in 1905, the rate on cement to The Dalles was 10 cents . per hundred At t~t time the railroad-owned steamboats will again be brought into and the rat e on cement to Salida was 13 cents. The rate to The operation and but fo1· the one proposition-to drive out honest and Dalles has been reduced to 6 ?ci cents by rail, and the railroad boat line legitim.ate competition. has hauled it as low as 4 cents per hundred to The Dalles, or 80 cents a ton. If you gentlemen understood the river as some of these It appears tha~ this control is so complete on the Atlantic· Senators do, you would understand what these rates mean; but this coast that the business and the territory are divided or dis is the kind of competition you meet in attempting to establish boat lines all over this country. tributed so that the boats of one line stop at one port and the Dr. Johnson stated that he was not familiar with the fact of boat boats of another line pass that port by and stop at another llnes being operated in competition with railroad lines, but from the terminal, so that there is absolutely no competition. report of the Union Pacific Railroad Co. of 1911 it appears this rail road company owns all of the stock of the San Francisco & Portland With these conditions known to all we face the question of Steamship Co., which is a steamship company operating between allowing r ailroad-owned ships to pass thrqugh the canal or to Portland and San Francisco. The report further shows the owner ship of the steamships by the Union Pacific and an explanation that exclude them. I do not like to exclude an American ship f r om they are operated by the San Francisco & Portland Steamship Co. the canal, however owned, but I do n,ot want to see one of between San Francisco and Portland, the charter for which has not the prime purposes of the canal throttled. We have always :vet been agreed upon. You are familiar with the fact that the Southern Pacific Co. operates a line of railroad between San Francisco looked upon the canal, when constructed, as a great regulator and Portland and that the Southern Pacific and the Union · Pacific and leveler of railroad rates. We have expect ed it to be the Railway Co. are closely merged and affiliated institutions, and I give one great free highway of commerce, afe from raih·oad con you th at simply as illustrative of the situation. trol and domination. The people of this country are almost Mr. Teal also submitted a letter from Mr. :ID. W. Spencer, from. universally against its use by railroad owned or controlled which I quote-it may be stated that Capt Spencer was in the ships. The business interests generally and those directly con steamboat busin s on the Ohio RiYer as well as the Columbia nected with the business of the canal are especially for their RiYer and other rivers of the West for many yea.rs: exclusion. The people who are to be serrnd are for their ex A subject of legislation which is of very great importance to ·the in clusion, and the sections of the country directly affected are for dependent transportation interests is that which would tend to prohibit the ownership of steamboat and steamship lines by the railroad interests such exclusion. On a matter of this kind I am willing to accept whel'e there is any competition whatsoever between rail and water the judgment of the people. I have great confidence in the tran portation. The railroads of the United States owe their very ex wisdom of the u ltimate aggregate j udgment of the people of the istence to the right of eminent domain. Tllis right was granted them by their customers, the shippers, and has been usurped by them and country and believe in enacting it into law. I wish the rail used by the larger interests to throttle small independent railroads and roads had not given the people cause to feel this way toward water transportation facilities, to the detriment of the shippers. them, but they have. The people are satisfied that the con During the 38 years that I have been interested in water transportation struction of the canal across the Isthmus was delayed many in the Pacific Northwest my experience has been that wherever a good paying line of steamers has been established that the railroad companies years by great railroad influences. They now fear that this and those interested with them have inaugurated rival and competing great work, being nbout accomplished, that these same in lines of steamers, and the competition thus begun has always tended fluences are seeking to control it. They do not want this done to the depletion of the financial interests of the weaker water lines and to their utter extermination. and, in view of their influence on other waterways, and in Th irty years ago there were plying on the Willamette River from view of the almost universal sentiment of the country, I feel Portland to upper Willamette Valley points. such as Salem, Corvallis, that we should keep the Panama. Canal as free from railroad Dayton, Eugene, and intermediate points, nine steamboats. Those in terests, now represented by the 0. w. R. & N. Co., Inaugurated steamers influence as we possibly can by legisla tion. in competitio!l with the established steamboat lines and the O. & C. ' I shall take this course, not in any special antagonism to the Railroad Co., later the Southern Pacific Railroad Co. Later the O. W. railroads of the country, but giving them full credit for being R. & N. Co. and their connecting steamer lines were absorbed by the same interests that absorbed the Southern Pacific. Since that time the the greatest agency in the building up of our splendid civiliza ruinous rates put into effect by the railroad interests have driven these tion and for doing mpre to bring all the people the many com steamers out of the profitable business of the Willamette Valley, until forts and blessings and the great prosperity they now enjoy now there are but two craft plying on the Willamette River, and these are giving very poor and infrequent service. This state of affai.rs than any other agency. I believe it is for the best interests of exists, in spite of the fact that the Willamette Valley has been develop. the people as a whole that they should be excluded from tile Ing year by year and is one of the largest producing sections in the canal This should be done now. we wait until they build State of Oregon. No other reason can be attributed for the cessation If of water transp,ortatlon on the Willamette River than that of J:ailroad their .ships, establish their service, and secure their business, owned steamboats- No small operator can aft'.ord to install a steamboat we will not exclude them except after a tremendous struggle, line in competition with the railroad interests ono tws river without if at all. We know what influences can be brought to bear, it resulting in crippling him financially and in accomplishing his utter ruin. The vast wealth behind the railroad interest is too strong t o what arguments advanced, and what fears aroused against a buck against. disturb ance of established conditions. . It w ould take a political CONGRESSIONAL RECORD-SENATE. 10283 revolution to do it. There is no business to I>e disturbed no'w, try, of course, and pot in tlre 'llllmc of an· American, but they will be no property \alues to be impJ;l..ired, and no injustice will be done. to all. intents and purposes forefgn ships. It may be a fact, not per haps important here, I.mt yet one of genera.I interest, that when there It is m.·ged that if we do not let railroad ships pass through wa.-; a; likelihood of the subsidy bill being passed by Congress the the canal the waterway wil1 be idle. I do not believe this. foreign shipowners sent to the shipyards of Ameriea and asked, with The very moment we decide that such ships can Il-O't ga through no conditions or anything: " How soon can you build us 20 ships? .. That was from one line. If canal traffie is left unrestrained the the canal in the coastwise trade independent capital will begin danger ot stifling eompetitiO'Dl in the eanal will not come trom American to prepare to handle the business between the two ce>asts that railroads, but from foreign capital. all kuow will be waiting the opening of the canal.. The pre entl Mr. GALLINGER. Mr. Presiclent-- eonstwise business will not be disturbed by the withdrawal of The PRESIDENT pr© tempore. Does tlle Senator froni the ships now engaged in it, and our shipyards will be put to Washington yiefd to the· Senator- from New Hampshh-e? work to build the hips to curry the traffic that all well know M to be waiting. If we allow railroad ships in the canal many r. J 0 NES. Certainly. of those now in tbe coastwise business will go into this trade M.r. GALLINGER. I desire information. Will the Senator, and the present service will be lowered and all0>wed to de- as briefly as may be, state precisely what harm is to come· teriorate. By excluding them we will indttce more shipbuLld: from permitting so-called rajlroad-owned ships passing through ing with all that that means in the employment of American the Panama Canal? The people of the country, the men and labor and the purchase of American supplies. women of the country, own these railroads. ·what harm ex- I realize that we may not be able to keep the railroad-owned actly is to come? The Senator speaks of tllrottling competition. ships of Canada from the canaL I wish we could and hope we Are they going to redµce rates to. a nonproductive point and may devise some way to do it; but these ships will not act in thus make it impossible for pri"rnte-owned ships to profitably conjunction with the railroads of this country, and they will be navigate the canal, or what are they going to do? What is the more active competitors with our railroads trum their own ships danger? would be, and so this may not be entirely bad. That is one of the Mr. JONES. Ur. President, I thought I had pointed out evils we may have to bea.r and ma,y offset some of the disad- some of the dangers th-at I apprehend. One is, of course, as I vantages that some seem to think Canada will be und~r by said, based on the experi-ence we have had in reference to water reason of free tolls. lin~ of transportation and what heretofore apparently has I know of but four railroad~ontrolled ships that are now been the policy of the railroads~ Congress became so convinced proposed to be b-uilt-the Pacific Mail, controlled by the South- of the policy of the railroads in this connection that we r~rrt em Pacific, under the advice of Mr. Schwerin, who says it wants a provision in the last railroad bill to prohibit them from cut to build four steamers for the transoceanic trade, witb the privi- ting rates fOO!" the purpose of destroying water competition. lege of doing some coastwise business. This proposa1 is at- They-the railroads-have cut rates to destroy water transpor tractive to me. I admire the ability, energy, enthusiasm, andl tation, and when that was done they have put rates back to patriotism of Mr. &hwerin. I believe he is sincere in his- pa- what they thought the traffic would stand. triotic purpose to fly the American flag over these vessels in The fear is, also, as stated h~ll'e by Capt. Dollar, that if we the foreign trade. I do not believe, with some, that he has an allow railroad-owned-ships to go through the canal independent ulterior motive. I can appreciate the patriotic pride of a man ship.ping interests will be afraid, to put it that way, to build like him in being instrumental in having constructed four great ships for that trade, that it will prevent the establishment of steamers to fly. the American flag across the seas in foreign new lines for the operatiQD of independent ships. ports, bearing from our shores the products, of our farms and Mr. GALLINGER. I want that particular point clear. The factories. I would vote for it in a minute if the ghosts of ·danger that is in the Senator's mind and in the minds of those throttled water lines did not come before me from the rtvers and who agree with him, including Capt. Dollar, is that the rail lakes and harbors of my country and protest against it. roads will reduce rates to a point so disastrous that private- r hope we may shut out the rfillroad ships, and I earnestly owned ships will not be able to compete with them? hope that the Pacific Mail will separate itself from the South- Mr. JONES. No.; if the S'enator will permit me, that was not ern Pacific and that Ur. Schwerin can get the money to build exactly the point I made. 'l'he f>Oint wa,s that if we allow rail these great ships and see the American flag flying at their mast- road-owned ships to go through the canal, independent ship heads in oriental ports. ping, because of their experience heretofore, will not be con- If Congress decides now that railroad-owned and railroad- strncted to engage in that trade. Possibly they will be afraid controlled ships can not use the canal, I believe money cn.n be , to do it because they will fear that rates would be put down secured for the building of these four ships as well as others nnd dri e them out. The reduction of rates under such condi tha t may be needed in and demanded by the business that will tions would be onJy temporary. When the independent ships desire to use the canal. Do I know where? Of course not. But a.re driven out the rates would be again raised. If we had Capt. Dollar, an experienced shipping man, said ill his testimony assurance- that the rates would be kept down, I would not worry before us: · much about the J!'ailroa.d-owned ships going through. - Senator BRISTOW. Suppose that the railroads were not permitted to Mr. GALLINGER. . I think the suggestion I made is in strict have any steamship that used th~ canal and it was left open tree from accord.a.nee with the view the Senator holds, that the only dan: competition with the transcontinental railway companies' ships, do you 2'.er to the inden.:mde:nt shippin!! interests is that railroads "'ill think there would be a traffic developed, so good a traffic, that it would ~ v~~ ~ .. insure the investment of money in ships to hand.le the business via the navigate their ships through the canal at a cheaper rate than caca;;t. DOLL.A..R. Yes; I feel quite sure of it. :prtrnte. partiE!°S can do. ~e buildin~ of ships. I do. no~ think Senator BRISTOW. It has been said to us here by a: number of per- ~ enters mto the computation. The railroads will build JUSt as sons that unless the railroads build these shtps nobody else would build many ships, if the trade demands it, as· private interests will. them, and that the canal would ~10t be used by anybody else. Se> I do not think tba.t would make any difference Capt. DOLLAR. Ii I had a certamt_Y, or even a prospect, of bucking up 1( TOWNSEND I th t t• ~ • ~ against the railroads there, I certamly would not build any ships. If ll1 L .!.' • n a connec lOu, may I ask the Senator I had a fairly good certainty of getting a square deal, I would not from Washington. can he conceive of any reason a railroad hesitate to build ships for that bus.iness. company would have in constructing boats to run through the Senator BRISTOW. Then, as a shrpowner and an operator and builder ' . . . of ships, you would not want to get up against such competition as canal to compete with ~emsel"n~s. to take their own busmes3 railroad-owned steamship lines could give you in this --coastwise traffic; away fro.m them, unless it was e"Ventually to help the raiiroada you would not want to risk yow: capital in. that enterpris~, would you? by destroying competition? · Capt. DOLLAR. No, sir. That lS the sentiment of all shipowners wtth whom I have come in contact. Other than the ships nowadays con- l\lr. JONES. I can not myself conceive of any different pur· str:ucted for th~ American-Hawaiian Line, there me no ships being pose from that. bml t to en,gage m the canal traffic. GALLINGER I ted t t · · Senator BRISTOW. Your opinion is then as I understand it that if Mr. · · wan o ge a clea:r Idea of what the. it were known that th~ railroads would nOt be- permitted to .eii.gage- in contention was. This matter of railroad-owned ships, I conies::; .that trnffic, and that it would ~e free and. open to. steamship men to I have: not made a study of at all. If the1·e is a reasonable fear use, that steamships would be built. and put rn there by other ? • ·ll t tifi · · . · · Capt. DOLLAR. I think so, sir; there are a great many ships buildin"' that it W.L operate o s e competition and destroy pnvat'} now to engage in the coastwise trade on the west coast of South Amer!: E:nterprise, of course I am against it, but I want to get the Sen- ica-there are quite a number of ships being built for that trade. ator"s view been.use he has given it close study, I have no doubt. Mr. Evarts, who appeared in behalf of the Pacific Mail, and 1\1r. BRISTOW. M1·. President-- who is the counser of the Southern Pacific Railway Co .• made The PRESIDENT pro tempore. Do.es the Sen.ator from Wash· this significant statement before the committee: fngton yield to the Senator from Kansas? If th~ eanal' is not regulated, the real danger will not be that ships Mr. JONES. Certainly. owned by railroads are going to sUfte. eompetition. in the canal and Mr. BRISTOW. With the permission of the Senator from drive out other business. If unregulated!,. the danger. will come from Washington, if when we get to section 11 the Sena.tor from the aggi:e~ations ot fo~eigy;i capital now e_ngaged in shipping, that are New Hampshire wiU be patient enoncii to Iisten to a few re- now waiting and cons1dermg and prepa:n.ng and planning to- go into ~ the cana.L These foreign lines !lire backed by enormou amounts o1! marks that I hope to make on it, I believe I can convince him capital. Their ships for the coastwise trade wil1 be built in this coun- that the danger which the Senator from Washington anticipates 1 10284 .CONGRESSIONAL RECORD-SENATE. AUGUST 6, will be very limited. I shall certainly be very glad to submit The PRESIDENT pro tempore. Does the Senator from some facts to him along that line. Washington yield to the Senator from Kansas? Mr. JONES. The Senator from Kansas can go into the de Mr. :JONES. I do. tai1s in that matter much better than I can. Mr. BRISTOW. I would suggest to the Senator that foreign Mr. GALLINGER. If the Senator will permit me, I wi1.1 capital is solicitous to construct our railroads for us, and prob anticipate listening to the Senator from Kansas, who is always ably the road which Mr. EYarts represents has millions of for entertaining and instructive. eign capital invested in it. Why should not foreign capital like Mr. JONES. I expect to go more into details myself when wise be invested in steamship lines as well as in railroads? we come to consider section 11 of the bill. Mr. JONES. I think that is true, e~ecially when they op Mr. BRANDEGEE. Will the Senator from Washington yield erate in our coastwise trade and under coastwise conditions. to me for a moment? · Mr. BRISTOW. And under American laws and by American Mr. JONES. Certainly. seamen. Mr. BRAJ\TDEGEE. On page 575 of the hearings before thE' Mr. JONES. Yes. If we can get that additional capital committee the Senator from Kansas [Mr. BRISTOW] asked added to our own capital, it will be used largely in the em Capt. Dollar: ployment of American labor. · Mr. GALLINGER. Does anybody object to that? Certainly Are you familiar with section 11 of the House blll now under dis- cussion'! • I do not. Capt. DOLLA.R. I have glanced through it, but I am ne>t very familiar Mr. JONES. No; but I am simply presenting that to rebut with it. · the proposition that if the railroads are not permitted to con Senator BRISTOW. Do you favor it or not? Capt. DOLLAB. That provides, does it not, for the Interstate Commerce struct ships to go through the canal there will be none con Commission regulating it? structed. To exclude railroad ships does not mean an idle Senator BRISTOW. It prevents the railroad-owned ships from using the canal. Ships wlll be built, the canal will be used, business de canal, and provides that the Interstate Commerce Commission- shall de termine whether or not it is a competing ship. mands will be met, the free use of the canal and American The CHAIRMAN. It prevents any railroad from being interested in any capital, energy, and industry, independent of railroad domina steamship which does or may compete with it. tion, will sti_mulate our shipbuilding industry, furnish employ Senator BRISTOW. And permits the commission to determine whether ·or not that railroad ship is a competitive steamship line with the rail- ment to th6usands of Amelican workmen at good wages, in road's rail; that ls it. . crease the market for American. products, promote great steam Capt. DOLLAR. I would be in favor of regulating it. I do not think ship lines from coast to coast, and reduce and hold railroad it would be right to cut them out altogether. I think they have jm1t as much right to run boats through there as I have, provided they do charges at a lower rate, lessen the burdens to oar consumers, not run all competitors off the route. de-velop and build up the business, cities, and civilization of the two coasts, and relieve the interior of many exactions now borne So he is in favor of regulating them and letting them go by it and fulfill the hope of our people that this stupendous en through. · terprise would be the most beneficial triumph of war or peace. l\Ir. BRISTOW. l\Ir. President-- Mr. President, this is the most momentous legislation of this Mr. J01'TES. I yield to the Senator from ~ansas. Congress and of many years. We must assert our right to Mr. BRISTOW. If the chairman of the committee will, when develop with our own, for our own as we deem wise and proper we get to section 11, bear with me, I hope to show that what without interference by any foreign power. We must deny the Capt. Dollar anticipated would inevitably and surely happen ; right of the treaty-making power to surrender to any other that is, they would all be run off except those that conformed nation the right to control the use we shall make of our own to the demands of the railroad lines. property or the treatment we shall accord to our own people. Mr. JONES. Of course, it has been my observation that The flag which flies over the Panama Canal must mean there where a man is on the witness stand before an investigating the same as it does in any other Territory of the Republic. committee any considerable length of time upon a very particu No toll gatherer should stand· at its portals and exact tribute lar and complicated matter we can find something in his testi from American ships and American commerce any more than at mony somewhere to sustain almost any position anyone de the entrance of any other Government work. This greatest of sires to take. But the statement I read from Capt. Dollar all national undertakings must be kept free from railroad con awhile ago in reference to his views in regard to whether trol and preserved as the most efficient defender of American new ships would be 'built or not was right in line with Capt. enterprise and American business from monopolistic exactions. Dollar's business experience, and I believe the statements Built by American capital, completed by American energy and ' I read as given by him show a just ground for fear as to pluck, operated and controlled by the American Republic, with the effect of the railroad-owned ships. But that is a matter, justice to our own people and impartiality toward all nations, as I said a moment ago, in regard to details that I expect this greatest achievement of the ages will glorify us and bless to go fully into when we get to the particular section. I all mankind. am simply summing up my general views in reference to the Mr. BRANDEGEE. Mr. President, I do not know of any matter. other Senator who wishes to make an address on this subject Mr. BRANDEGEE. It seems to me if I thought a witness at this time. Therefore I assume we shall very shortly proceed would take almost any position anybody wanted I would not to vote on the amendments to the bill. I do not think, with the cite him as a very high authority on any point. .. present slim attendance, we ought to attempt that, and I there Mr. JONES. I did not intend to convey that impression at fore suggest the absence of a quorum. all. I think the Senator understand~ what I meant to convey The PRESIDENT pro tempore. The Senator from Connecti with reference to the testimony of witnesses. You can take a cut suggests the absence of a quorum. The Secretary will call detached _statement from a witness's testimony and construe the roll. it to support almost any particular contention you m~y ~esire. The Secretary called the roll, and the following Senators A careful examination of the statement from Capt. Do1iar is not answered to their names : in any great conflict with what I read, if carefully considered. Ashurst Clark, Wyo. Lodge Sanders Bacon Crawford Mccumber Simmons The statement which I have just referred to from Mr. Evarts Bailey . Culberson l\fcLean Smith, Ga. is a statement from a man who should know what he is talking Bankhead Cullom Martine, N. J. Smith, S. C. Bourne Cummins Massey · Smoot about. Bradley du Pont My:ers Sutherland If foreign capital is ready to build ships and operate them in Brandegee Fletcher Nelson Thornton our coastwise trade, and should do so, it would have to build the Bristow Gallinger O'Gorman Townsend Bryan Johnson, Me. Overman Warren ships in Amer·ican shipyards, out of American materials, and Burnham Johnston, .Ala. Page Wetmore with American labor, and operate them und~r Amer~can laws Burton Jones Perkins Williams and conditions. While I would prefer American capital, I do Chamberlain Kenyon Pomerene Works not see very much objection to the use of foreign capital in this Clapp La Follette Root country for this purpose. In fact, it s~ply adds that _much The PRESIDENT pro tempore. Fifty-one Senators have re more capital to our own wealth and, as it must be used m ac sponded to their names. A quorum of the Senate is present. cordance with our laws and our labor and industrial conditions, Mr. BRANDEGEE. Mr. President, I should like to inquire it is a benefit rather than an injury. If foreign capital is ready what was the last amendment which the Senate agreed to yes to be invested under these conditions,. why can not American terday before adjo~rnment? capital be secured? The same intelligence and business capacity The PRESIDENT pro tempore. There is a pending amend that would use foreign capital advantageously certainly can be ment, which the Secretary wlli state. reliec.1 on to use home capital under exactly the same conditions Mr. BRANDEGEE. Let it be stated. and for the same· purpose profitably. The SECRETARY. The pending question is on the amendment l\Ir. IlRISTOW. Mr. President-- offered by Mr. CUMMINS to the amendment of the committee, on f9t2 . CO-NGRESSIONA.L RECORD--SENATE. 10285 page 4, line' 20, after the word- "reorganized,'' fo inserf "and :-Mr. SIIDI0:~7-S. I do not understand the parliamentary situa who hall have sole control of the maintenance and operation of tion. The snbJect before the Senate is the House bill and this the canal," so that if amended it will read: is an amendment of the committee to the House bill. ' I under To reduce the membership of the commission to three, · one chosen staud the Senator from Connecticut now proposes to offer an from the.. Corps uf Engineers of'the Army, who shall be president of the amendment in place of the Senate amendment. That seems to commission as so reorganized, and who shall have sole control 'Of the maintenance and operation of the canal-- me to present rather a remarkable parliamentarv situation. . Mr. BRA1\1DEGEE. I was laboring unoor the impression The PRESIDENT pro tempore. The Chair understands that that the amendment to the amendment just stated by the Sec the Senator frnm Connecticut proposes to substitute a new sec retary had been agreed to. If not, it is perfectly satisfactory tion for the entire section~ Is the Chair correct? · Mr. BRANDEGEE. After the House text has been modified to me and, so ~ar as I can do so, I will accept it. The PRESIDE1'TT pro tempore. The question is on agreeing to suit the Tiew · of the Senate by the adoption or rejection -0! to the amendment to the amendment. such amendments as the Senate chooses to put upon the section, l\lr. CULBERSON. I ask that the amendment to the amend- I pr-0pose to offer the House provision as a substitute for the ment be again stated. . · section as amended ·by the Senate, if that be in order. The PRESIDENT pro tempore. The Secretary will again The PRESIDENT pro tempore. The Chair would inquire of state the amendment to the amendment. the Senator from Connecticut whether the amendment which is The Secretary .again stated l\Ir. CUMMINs's amendment to proposed is identical with the House provision? Mr. BRA.NDEGEE. No; it is not identicaL There were some the amendment of the committee on page 4, line 20~ The PRESIDENT pro tempo.re. The question is upon the changes made in it yesterday. It is printed here. adoption of the amendment offered by the Senator from Iowa l\fr. BilISTOW. Mr. Pi·esident-- [l\.fr. CuMMINS] to the amendment proposed by the committee. The PRESIDENT pro tempore. If the Senator from Kansa<:i Without objection, the amendment is agreed to. will pardon the ChaiI· a moment, as a parliamentary inquiry has The Chan· would · suggest that on page 4, line 21, after the been made, the Chair would hold if the a endment were iden word " Tropics," the comma should be changed to a semicolon. tically the same, that simply Toting .against the committee Without objection, that amendment will be made. The Chair amendment would be the same thing as voting for the House hears none. -provision, but if it is not identical, then the motion of the Senator from Connecticut will be in order after the s ti.on has l\.fr. BRANDEGEE. Mr. President, If T may be allowed to been perfected. make a ~uggestion, I would say that I think it will facilitate matters if the other amendments proposed by the committee Mr. SIMMONS. I understood the question before the Sen-ate inay be considered and acted upon. Then I will state that I was the Senate committee amendment to the Honse provision. offered yesterday, and had printed, an amendment proposing to The PRESIDENT pro tempore. Undoubtedly; and the Sen· restore substantially the House provision instead of section 4, ator from Connecticut [Mr. BRANDE.GEE] will not offer the the House provision being the scheme of ene governor for the amendment w:hich he proposes until the Senate has first acted canal and the Oanal Zone, and the Senate provision being a upon the amendments proposed by the committee. They have scheme for a commission of three to gov-ern the zone. I think not yet been eQIIlpleted. most people will agree if we are to have a commission -0f three, Mr. BRISTOW. Mr. President, I desire to state that in sec as provided in the Senate amendment, that the committee tion 4 there are two distinct propositi-ons : One is that the present commission shall he abolished whenever the President amendments indi~ted here should be agreed to. If there then be "Other amendments, of course, they may be proceeded with. sees fit to do so; and the other is, that the present commission Then I shall offer my .amendment as a substitute for the .section. shall remain intact until the construction of the canal is com pleted. The Senate yesterday passed upon that proposition, and Mr. SIMMONS. ~fr. President, I understand that the Sen ator frnm Connecticut now proposes to offer the House pro so amended section 4 as to provide for the continuance of the vision for the -Senate amendment. Is that what I am to under- present eommissi-0n until the construction of the canal has been stand? · c-0mpleted. We are now considering an amendment which pro 1\ff-. BRAJ\'TIEGEE. That -is correct. vides that after the canal is completed it shall be operated and l\Ir. SIMMONS. Does the Senator d-0 that as for the com the Canal Zone shall be governed by a commission of three. . mittee? instead of by a single governor. The amendmait contained in the words "as now constituted," in line "9, page 4, and the 1\1r. BR.A.i~EGEE. Not at all. The majority of the com mittee proposed the amendment which is indicated in the bill. italics from line 18, on page 4, dawn to and including .the words I was one of the minority who voted against it. The amend ,, the canal," in line 6, on page 4, is the amendment that is now ment as proposed by the committee is now being perfected as in before the Senate. Committee of the Whole of the Senate. After it is perfected, The PRESIDENT pro ·tempore. The amendment before the I am going to offer, on my indi-vidual .responsibility, an amend Senate, as stated on yesterday, includes as a part of the general ment. amendment, the amendment on line 9, page 4, striking out the Mr. SIM.l\IONS. I did not know whether the Senator from word ~·unnecessary " and inserting the words " as now con Connecticut was offering the amendment for himself or for the stituted," and the amendment striking out the words beginning committee. · with the word "by," in line 9, down to the word "-canal," in Mr. BRANDEGEE. Oh, no, Mr. President; I was not offering line _18, and inserting the words in italics from line 1,8, page 4, it for the committee. to line 6, page 5, as it has been amended by the amendment l\Ir. SIMMONS. I was going to say, as a member of the -0ff-.ered by the Senator from Iowa [l\1r. CUMMINS]. The ques committee, that I had no notice of a rec~ssion from our original tion now is upon agree!ng to th.at amendment .as amended. amendme.11t. · Mr. SIM.l\!ONS. Mr. President, being a member of the com ·Mr. BRANDEGEE. Since the committee reported the bill mittee and not having been able to be at the sessions very with amendments, the.re has been no meeting of the committee regularly on ace<>unt of other business daiming my attention, and no tmderstanding that anybody has authority to speak for I confess I do not exactly yet understand this matter, and I the committee further than as indicated in the Senate print of want to make some further inquiry. I understand that the the bill, as I understand the situation. Senate committee recommends as a substitute for the Honse 'rhe PRESIDENT pro tempore. There is now pending no plan of .a single-man go-vemment in the Canal Zone the eon amendment to the committee amendment. tinuance of the commission after the canal is completed, but Mr. .BRA1'"DEGEE. Not to the committee amendment but reduces the commission to three from the present number. there are committee amendments pending to the section. ' Now, the Senator from Connecticut proposes to substitute for 'l'he PRESIDENT pro tempore. Yes. the commission provided for in the Senate .amendment the Mr. .GALLINGER. The Senat-or from Connecticut does not House plan. want tl.10~e amendments adopted before the substitute is offered. · ~Ir. BRISTOW. Mr. President, 'the chairman of the com Mr. BRANDEGEE. 'The Senator from New Hampshire says mittee, who is opposed to the eommittee amendment, has an sotto voce that I did not ask that the committee amendments be nounced that if the Senate sees fit to support the committee adopted at the present time, but I suppose, nuder the rulinO' of amendment .and incorporate that amendment in the bill, then .the Chair -yesterday, that .after section. 4, as it i.s printed int>the he proposes again to try to defeat the wishes of a majority -0f bill, has been perfected by the adoption or rejection of the·com the committee ·by offering to substitute practically the language mittee amen-dments, it would be in rorder for me to present the which the committee has rejected and which, if the Senate House provision as n substitute :for the whole section. If I a.m sustains the committee, the Senate will have rejected. . in error about that, I should· like to be ·corrected. .Mr. SIMMONS. Exactly. The PRESIDENT pro tempore._· 'Ille ~ amendment now sug- . Mr. BRISTOW. But the question now before the Senate gested by the Senator from -00.nnecticut--. is whether -0r not the amendment recommended by the com- 10286 CONGRESSIONAL RECORD-SENATE. AUGUST 6, mittee shall be incorporated in the bill, and that is what we ment and control of the canal. While I have great admira are now to vote upon. tion for the ability of Col. Goethals, I do not think. that what Mr. SIMMONS. We are not voting, then, on the proposition he knows about running civil government, if published, would of the chairman of the committee? constitute anything like as large a book as Greeley's Almanac; Mr. BRISTOW. Oh, no. and if he were to publish what he knows about sanitation it Mr. SIMMONS. Very well. would be even a much smaller document. Mr. BRANDEGEE. I have not yet offered any proposition, I do not believe in making the civil power subordinate to the Mr. President. military power. I do not believe in a military satrap. Expe Mr. NELSON. Mr. President, without desiring to take up rience has taught -us that men who are Regular Army officers the time of the Senate unnecessarily, it seems to me, if we exercise a species of tyranny that is exercised by few other have the welfare of the administration of the Canal Zone in men. If Col. Goethals is to control the canal, that should be view, we ought to retain the provision of the House bill for the end of his power; but to allow him to control the sanitation one head instead of three. To-day, before the session opened, would be ridiculous, because he has not shown himself to be I saw a gentleman upon whom I rely who is familiar with con possessed of any ability in that respect;_and to allow him to ditions in the Canal Zone, and he informed me that there has control the civil government would be, if possible, more ridicu been more or less friction-mild, it is true, but nevertheless lous and would result only in failure. friction--existing between Col. Goethals, the head of the com We were told yesterday that there were but two cities in the mission, and the head of the sanitary department. With three zone. In addition there are various towns in the zone lying coequal heads the unity and balance of the administration will along the railroad and along the banks of the canal from Colon be destroyed, whereas with one head, as the House proposes, to Ancon. These towns and cities have to be policed, not by there can be easily appointed under him a man to take charge military officers but by the civil authorities. of the sanitary affairs, and as for the civil business there is I think it would be a grave mistake to ·undertake to consoli no occasion for any ommissioner, because all the civil business date all power in one man. It would lead to misgovernment in that is necessary to be transacted can be transacted through the zone. I quite agree with the distinguished Senator from the courts. To provide three coequal heads to manage the North Carolina in saying that the government there ought to canal I regard as a very dangerous experiment. I have no. be divided, the president of the commission, of course, having interest ~ saving any of these commissioners, in having them supreme control of the-management of the canal. keep their places. I do not care whether they are turned out Another matter to which I call attention is that some of these of office or not; the main thing is the welfare of the canal. commissioners have been working on the canal for years. The Mr. BRISTOW. Mr. President, I should like to ask the Sena language of the amendment proposed by the Senator from Con tor from Minnesota if the present commission as organized has necticut, as I understand it, is: not done good work? That when in tlie judgment of the President thl.' c1Jnstruction of the Mr. NELSON. In a way they have done good work, but the Panama Canal shall be sufficiently advanced toward completion to ren der the further services of the Isthmian Canal· Commission unneces only two men who have done any special work are Col. Goethals, sary, the President is authorized, by Executive order, to discontinue the the head of the engineering department, who has had charge Isthmian Canal Commission. of the construction of the canal, and the man who has been at l\Ir. President, every member of that commission should be the head of the sanitary division. Outside of those two, if you all.owed to hold his office until the canal is completed. Every can point to anything extraordinarily good that has been accom one of them should be permitted to reap the distinction he has plished by the commission I should like to be informed what justly earned in connection with this great work. A portion of it is. them should not be tnrned out and this canal turned over for Mr. OVERMAN. Mr. President, I resent what the Senator the glorification' of one individual; and I believe that when the from Minnesota has said. While I would not detract in any canal is completed and a government is established there perma way from Col Goethals, because I know he is a man of great nently, the departments should be retained as provided in the ability and a great executive officer, the men who are building Senate bill. that canal are Col. Sibert, from Alabama, who has had char~e New, as this amendment has been reported by the committee, of the con::;truction of the Gatun Dam and the locks on the why should the Senate repudiate H and adopt the substitute Atlantic side; Col. Williamson, a Virginian, who has had charge provision which will be offered by the Senator from Connecti of the lock construction on the Pacific side ; Col. Gorgas, also cut Jl\fr. BBANDEGEE], and which is substantially the provision of of Klabama, who has had charge of the sanitation of that canal, the House bill? This .)I1atter has been discussed and this one of the greatest physicians in the world, who will go down amendment is about to be voted upon. It has been improved by in history as one of the greatest men of his time ; and the man the amendment offered by the Senator from Iowa [Mr. CUM who is in charge of the work on the great Culebra cut, Col. MINS], and the House proposition has been rejected by a Gaillard, of South Carolina. majority of_the comm~ttee. I see no good reason for repudiating I say that the cause of the friction which has been referred the action of the Senate committee, and I hope it may not be to is that the officers have not been called together, but have done. submitted to one-man power there. There have been too many Mr. SIMMONS. Mr. President, the canal and the Canal Zone comm1ss10ners. I believe in dividing these powers. With the up to the present time have been managed and governed by a adoption of the amendment of the Senator from Iowa, giving commission. 'Ve have heard from time to. time that there wa8 an engineer of the Army charge and control of the mechanical more or less friction down there, as there is npt to be when part of the canal itself, let us have a civilian who will manage there is a partition of duties and of power; but, notwithstand the financial part of it, the schools and matters of that kind, ing that slight, incidental, and, I think, necessary friction, the and a man like Dr. Gorgas in charge of sanitation, through work has gone on admirably under the present commission. I whose efforts the building of the canal had been made a success. doubt very much whether any similar work was ever more I heartily indorse the amendment of the committee which pro successfully prosecuted and more speedily brought to comple- vides for a commission of three. I do not believe in one-man tion than this will be some time during next year. . power; I do not believe in having a dictator on that IstLmus. Now, the provision which the committee has adopted as au As I have Said, I think the powers ought to be divided, b'" t the amendment to the House bill is not to go into effect until the commission ought to act under the President of the "'C nited canal is completed. At that time the number of commissioners, States. according to the Senate committee amendment, will be reduced l\Ir. BRADLEY. Mr. President, I also desire to resent the to thre~. The present head of the commission will continue to statement which has been made by the Senator from Minne ·be the head of the smaller commission, who are to manage this sota [Mr. NELSON]. In the first place, I will indoi·se the re zone after the canal has been completed and is open. I under marks made by the Senator from North Carolina [Mr. Ovim stand it is expected that Col. Goethals will continue to be MAN], and I will add to them that the man who has been chairman of the commission. and now is at the head of the civil government in the Canal l\fr. BRANDEGEE. Will the Senator yield to me for a mo Zone bas fully and ably discharged every duty imposed upon ment? llim. Under his management edncational interests have been Mr. SIM.MONS. Certainly. - given °Teat impetus and force; roads have been constructE>d; l\fr. BRANDEGEE. Col. Goethals told me down on the the police system in the cities properly attended to; · and all Isthmus that under no possible circumstances would he take the various other dnties growing oat of tbe civil administration the government of the zone after the canal is completed; that of the zone have been satisfactorily and efficiently performed. ·he was nearly crazy with the responsibility and the efforts be I belie>e that witll the amendment proposed by the distin had made there; and he proposes to go a.broad and stay for guished Senator from Iowa there can be no friction among two years and try to recuperate. - · these men. .li civil engineer is to be appointed president of l\Ir. SII\fl\IONS. I arri very sorrjr .to hear that. So much the the commis~ion and is given complety power in the manage- worse, however, because if Col. Goethals, ·who ha.s proved his ~ c'oNGRESSIONAL "RECORD-SENATE. 10287 capacity and his :fitness for control and administration, is to great departments of momentous interest to the Government, retire, then, if we are to have but one man in control of the some of business, some affecting the life and liberty in the citi zone, it is likely that he may be an inexperienced man. z~n, some affecting the health of the citizen, I want each one Mr. President, the Government business on the Canal Zone to have a fit representative in its control. naturally subdivides itself into· three parts. After the canal Therefore, Mr. President, I am opposed to ·the House proposi is completed it will require supervision by capable engineering tion to turn over all these great interests to one man, and that upon it, and it will be an important part of the Government man an engineer of the Army. __,, business down there to look after, care for, govern, supervise, Mr. BRISTOW. Mr. President, I can not refrain from speak and control the canal proper. But there is a strip of country ing a word in behalf of the engineers who If.ave devoted the best on either side of the canal which belongs to the Government years of their life to the work of the construction of this canal. of the United States, 5 miles in width on either side. There I would not take from Col. Goethals any of the honor that he are towns already located on the line of the canal. There are so richly deserves. I am glad the Senator from Minnesota [Mr. people living along the line of the canal. The -population will NELSON] did not refer to Col. Gorgas as one of the men who had · increase from what it is to-day. I am not able to state how contributed nothing of consequence to thl3 construction of the many people are living there to-day, but a considerable number canal. As I said yesterday, Col. Gorgas was assigned to the are living there and a considerable numb~r will continue to Isthmus of Panama when we first took possession of the strip live there. It is necessary, therefore, that there shall be in and began our work. He has been there in charge of the sani augurated upon that canal a civil government. We have pro tation down to the present time, and no criticism has ever been vided for the establishment of courts; we have provided for the offered against him to my knowledge. appointment of magistrates; we have provided for a system But I want to speak specially in behalf of the men who have of laws for the government of the people who are to live along been in charge of these divisions, whom the Senator from Min the canal. This is a part of the business of the United States nesota thinks have contributed nothing to the construction of Government upon the canal, and is wholly separate and dis the canal. Col. Sibert has been in charge of the construction tinct from the management of the canal considered as an entity. of the Gatun Dam, which is the greatest enterprise of its kind Then, l\Ir President, there is another important work that that mankind has ever undertaken, and it will 'Soon be com the Government has to do there in order that this enterprise pleted and stand as a monument to his energy and genius. I may be carried to its fullest potentiality and in order that the want to speak a word in behalf of Col. Hodges, who, I am told, canal may be continued in a sanitary and habitable condition, is the best-equipped man in regard to canal locks probably that and that is that the work of sanitation which was commenced there is in the United States. He was selected by President and has been prosecuted with such mar>elous success by Col. Roosevelt because of his great ability demonstrated in the line Gorgas shall continue. This part of the business is of itself of. of duty as an Army engineer. I want to speak a word in behalf great importance. The work of sanitation in the climatic con of Col. Gaillard, who has had charge of the excavation at the ditions which exist down there is a work of tremendous con Culebra Cut, and the work of organization and the detail over sequence in connection with the success of the canal and the which he has authority and upervision have been performed, I health of the people who live along the canal. So, naturally, might say, without fault. the management of the canal divides itself into three parts It is unfortunate that remarks were made in the United one the management of the canal, the other conti:ol of the civil States Senate which intimated that these men, who have de government, and the third the sanitation of the Canal Zone. voted the best years of their lives, have not contributed any The committee having this matter under consideration, feel thing commendable in the construction of this great enterprise. ing that it was not necessary to continue the present large com It is not the man who is in the limelight who always deserves mission, thought it was wise policy to reduce the number to the greatest credit. I care not how great a man may be, unless three---one to control the canal, who is at the head of the his immediate subordinates, his lieutenants, are equal to the commission, another to have charge of affairs connected with task imposed upon them, the man in charge will fail. the civil government of the Isthmus, and the third to have I have no sympathy with the spirit that seems to prevail now control of the great and important work of sanitation in the in some quarters that it is desirable to get rid of these men Canal Zone. who ·have devoted years in that climate to this work as quickly Now, Mr. President, it is proposed to place the control of the as possible. If there is any friction there I am certain that civil government of the zone in whose hands? Let me read they are not to blame for that friction. If there is any fric from the provision : tion there it is because some men are desirous of having their own way about some detail matters when probably it is not To reduce the membership of the commission to three, one chosen from the Corps of Engineers of the Army, who shall be president of best that they should. the commission as so reorganized. What we ought to do is to preserve the condition as it is, not to do anything that will in any way humiliate the men who Mr. President, if we have one manager down there he will have done such fine work, but to contribute as much as we can be a civil engineer and nothing .else but a civil engineer. If he to their honor, and credit them with the achievement that they were to be of the high grade of Col. Goethals that would help have worked out. the matter, but we are told that Col. Goethals is to retire; and I trust that the amendments submitted by the committee will we are to place, according to the House provision, the whole prevail, beca~se I am not in f~vor of establishing a bureaucracy interest of the government of the canal and the people and the in any of our possessions. I know that fundamentally the sanitation of that Isthmus under the control and the sole con judgment of three men is better than one on any proposition. trol ·and management ,of an Army engineer. The PRESIDENT pro tempore. The question is on the amend Mr. President, I have the highest respect for the Army engi ment proposed by the committee as it has been amended. neers of this country. They are generally able and highly edu Mr. REED. Mr. President, I was trying to prepare a substi cated men. They have done their work magnificently in what tute for· the amendment, and I suggest to the chairman of the ever line they have been required to perform work for the peo committee that this matter be passed over temporarily and some ple and the Government. But the last thing that I want to see other part of the bill taken up, and that we return to it a little in this country is a civil government anywhere where the flag later. of the United States floats under the control of an Army engi Mr. BRANDEGEE. Did the Senator from Missouri address neer. That is one reason why I am opposed to this government an inquiry to me? by .one man, this single head, this absolute control in one man. Mr. REED. Yes. I know under the circumstances and conditions that that man Mr. BRANDEGEE. I did not hear it. will be an Army engineer, and he is, I hold, utterly unfit by Mr. REED. I was asking if this particular clause which is reason of education and training to perform the functions and now under discussion could not be passed over temporarily and duties that pertain to civil government. There is to be a civil returned to later, and other parts of the bill taken up. I desire government of importance there. The people upon that Isthmus to draw a substitute for it and submit it. will multiply. There are a great many of them there now. Mr. BRANDEGEE. I would hesitate to agree to that propo There will be prosperous towns, and possibly cities, along the sition unless the Senate voted for it. We have been on this Isthmus who are to be governed, and I want them to be gov matter now for two afternodns. The other parts of the b!Jl ' are erned, as has been the custom of the Anglo-Saxon race from the just as important as is this. If the Senator desires to prepare beginnipg, not by a man of military training, of military exiieri a substitute I will say to him he was not present when I said ence and instincts, beginning, as they do, with an arbitrary dis I am going to offer a substitute, and if that is agreed to, or position, but I want them to be governed by a man trained in whether it is or not, the Senator will have plenty of time before the affairs of civil government. the bill goes into the Senate to prepare his substitute and offer I am perfectly willing, Mr. President, to vest what you might it. As we go along· r should/like to feel that what is behind-us ~all the_chief power in· the hands of one man, but with three is behind us. I suppose the Senator . could move to reconsider / CONGRESSIONAL RECORD-SEN ATE. AUGUST 6; later on and offeT bis subStitute. Y sholild like to have a vote· payment of pensions is repealed to take reffect from · and after ·Deeem·. ber 31, 191-2." . . . on this matteT if no Senator cares to speak further on it. '1.'hnt the Honse recede from its disagreement to the amendment of l\fr. .OVERMAN. The Senafor from .l\fissouri can ·give notic~ · the Senate numbered 3, and agree to the same with !in amendment, as that be will offer his amendment in the Senate. follows~ Omit the matter inserted by -said amendment and restor.e the matter stricken out amended to read .as follows : Mr. REED. Of course I can do that; but when the bill .gets " For clerk hire, and other service at 18 pension agencies during in the .Senate no one will desire then to stop and debate it at the first half of the fiscal year mm and at 1 pension agency during· length again. It did not seem to me to 'be an unusual request the last half ot the fiseal year H>l3 and including not ex>eeeding 10,000 for ex:penses of consolidating and removing records and equip to pass O"rnr this amendment.now and take up some Q{her mat ment of pension agencies, 350,000, or so much thereof as may be ter and return to it this afternoon. It will only :take a few neees ary : Pro1Jided, That estimates in detail shall be submitted for minutes to prepare my sub titute, and I want to prepare it right. the ftscal year 1914 and annually thereafter for clerks :ind otht!rs em e, up ployed in the pension agency, and the amount$ to be paid to each." . I, of cour can tand here now and take time talking a.bout 'l'hat the House recede from its disagreement to the amendment of it, but I do not want to do that. the Senate numbered 4., and agree to the same with an amendment, ns Mr. SIMMONS. Mr. President, I suggest the absence of a · follows: Jn lieu of the sum named in said rune.ndment in &t "$2,225." quorum. • 'l'hat the House insist on its disagreement to the amendments of the The PRESIDENT pro tempore. The Senator from North Sen.ate numbered 5, 9, 10, :and 11. Carolina suggests the absence of a quorum. The Secretrrry will Mr. McCUMBER. Mr. President, I move that the Senate proceed to call the roll. disagree to tl)e amendments of the House to the am.endments Tile Secretary called the roll, and the following Senators an of the Senate, that the Senat~ ask for a conference upon the swered to their names : disagreeing votes of the two Hou es, and that the Chair appoint .A.-shurst Crawford MoCumber Simmon the conferees on the part of the Senate. Bacon Culberson McLean Smith, Ariz. I wish to say, Mr. President, that this matter comes over Bailey Cullom M.artine, N. J. Smith, Ga. to us .again in substantially the same shape as it was before, Borah Cummins Massey Sm1th, Mich. Bourne du Pont Myers Smith, S. C. with the exception that the Hou e has adopted what seems to Brndley Fall Nelson Smoot me at least to be a novel procedure, and that is the matter Branuegoo Fletcher O'Gorman Stone of amending a conference report. The result, I understand, is Bristow Gallinger Overman Sutherland B1·yan Gronna Page Swanson fa effect that that action discharges the conferees on the pnrt Bm·nham Johnson, 1.Ie. Penrose Thornton of the House and leaves it to the Senate to adopt the House Borton Johnston, .A.la. Perkins '.fownsend measure, or, refusing to adopt it, to ask for a conference upon Catron Jones Pomerene Warren Chamberlain Kenyon Recd W-e-tmore its part. Clapp La Follette Root Williams I have assumed that to be the parliamentary status, and I Clark, Wyo. L-Odge Shively W-0rks have made my motion to conform to it. I d-e ire to say simply Mr. WILLIAMS. I wish to state that my colleague [Mr. in explanati-On that there has been no change in the proposition PE&aY] is absent necessarily -0n important business. of the House, with the exception instead of an immediate aboli The PRESIDEXT pro tempore. Upon the call of the ~roll of tion of the ngencies they propose to abolish them on the 31st Senators, 60 Senators have responde'd to thf'ir names. A quorum day of December, and approprintions are made up to that time. of the Senate is pTesent. Mr. SMITH of Georgia. Mr. President, is this matter open for discussion now or an objection? .MESSAGE 'FROM THE HOUSE. to The PRESIDEI\'""T pro tempore. If the Senate decides to A message from fue House of Representatives, by J". C. South. proceed to its consideration, it is. its Chief Dlerk announced that the I:Iouse had agreed to the Mr. BRANDEGEE. If the matter is going to. provoke dis report of the c~mmittee of conference on the disa.greeing votes cu sion, I shall have to insist upon the regular order. of the two Houses Qn the amendments of the Senate to the Mr. A!cCUMBER. I desire simply to say to the Senator bill (H. R. 189 5) making appropriations for the payment of from Connecticut that I hoped it wol.lld not lead to any ex invalid and other pensions of the United States for the fi cal tended discussion. We are now se-veral day behind in the year enaJng June 30, 1913, and for other pm·poses, receded matter of the payment of pensions, nnd the action of the House from its disagreement to the -amendments -of the Senate nmn leaves the matter in abeyance, so that there are no conference bered 2, 3, and 4, and agreed to the sam~ with an amendment to on the part of the House. We will hurry the matter through, each, in which it reque ted the eoncurrence of ~e Senate, and and also make a final disposition of it by sending the bill again further insists upon its disagreement to the amendments of to conference as soon as pos. ible. the Senate numbered 5, 9, 10, and ll to the biH, upon which Mr. SMITH of Georgia. My own view, Mr. President, is that the committee of conference have been unable to agree. the Senn te shQuld recede and accept the action -0f the Honse. ENROLLED BILLS SIGNED That is the reason why I object to the appointment of conferees. The message also announced that the S~aker of the House l\Ir. McCUMBER. That motion could be made now and voted had i!!Iled the following ep..rolled bills, and they were there on. I do not see the necessity of further di cus ion. . upon signed by the President pro tempore: Mr.. Sl\IITH of G~orgia. I ask that the regular order be con_ H. R. 21952. An act for the relief of James E. Baer; and tinued this afternoon, and if by insistin-g upon the regular order H. R. 22195. An act to reduce the ~uties .on wool 3:-fid manu it :will continue, I do insist upon it. factw·es of wool Mr. McCUMBEil Then I will ask the Senator having the· PENSION .APP:ROPRIATION BILL. :anfinished business in charge if be will consent to Jay it tem porarily .aside until we can dispose -0f this matter. I make this , The PRESIDENT pro tempore laid before the Sen.ate the requ.~st in behalf of a great army of veterpns who are bei.ug dis action of the House of Representatives agreeing to th~ report commoded, at least, if n-0t further than that, in not receiving of the committee of conference on the disagreeing votes of the their pensions. two Houses on the amendments of the Senate to the bill (H. R. Mr. BRA1~DEGEE. The Senator from :rorth Dakota knows 18985) making appropriations for the payment of invalid ~nd that the regular order can be demanded by a ingle Setl3 tor. other pensions of the United States for the fiscal year ending It take unanimous com:eut to temporarily lay aside th.e Panama June 30, 1913, and for other purposes, receding from its dis Canal bill. Tbe regular order hn.s been demanded. whieh is agreement to the amendments. of the Senate num.bered. 2, ?• equivalent to an objection to the request for unanimous con ent and 4, and agreeing to each w1tn an nmendment, m ~~ch. it to temporarily lay the bill aside. requested the concurrence of the Senate, and further mSlSting Mr. l\fcCUMBER. I thought if the Senator having the bill in upon its disagreement to the amendments of the Senate num charge would indicate on his own part a williugne to lay it bered 5~ 9, 10, and 11, upon which the committee of conference aside possibly we might meet the objection tbat otherwise would have been unable to agree. be interposed. The Secretary read as follows: 1\Ir. GALLINGER. Mr. President, a parliamentary inquiry. IN THE HOUSE O:F REPRESENTATITES, August 5, 1912. My impression is tJ:\at the ruJe of the Senate is that when a Senator asks for the consideration of a conference report and ReBolved, That the Hou e recede from its disagreement to !he amend ment of the Senate numbered 2, ar:d agrees to tl!e same with amend· objection is made the question shall be submitted to the ,Senate. . ments, ns follow : Omit tbe matter inserted by said amendment and in Am I correct? . . lieu of the paragraph stricken out insert; . " For salarie of ·18 agents for the payment of pensions at the rate The PRESIDENT pro tempore. The Chair would undoubtedly of $4.000 per annum each during the ftrst half of the fiscal year 1.913, so hold were it not that the Senate is engaged in the regular order. So ·l-0ng as the regular order is · before the, Senate the $3~,i~~- salary of 1 agent for the payment of pensions, at the rate of demand one Senator will necess]tate the continuanse of that; $4 000 per annum for tile last half of the :fiscal year 1913, $2,000; of and. 'fr"m nnd after the 31st -day of December, -if.912, there shall be order, unless the· Senate by a majority vote sbould otberwi~ only o~e agent .for· the p:iyment of pensions, to be appointed. in the 011der. in which.case the regular order. would be dispJ~ced. manner nflw provided by law, and wbo shall teceive a ~alary .at th~ l\fr. GALLINGER. I wish h~ve ~ i rate of $4 000 per annum; and section 4780 -of the Revised Statutes would not tq that go1;re. of the United States authorizing the appointment of agents for the had an impression that the rule is pretty clear that a confer- 1912. CONGRESSIONAL RECORD-SENATE. 10289. ence report having been submitted to the Senate a.nd the Sena some 17 pension agencies in this country. It must haye been tor having it in charge asking that it should be considered, if apparent to everyone that the simple form of sending out pay an objection was made the question of consideration should be ments of pensions was a thing t.ha t could be transacted from submitted to the Senate. 1 office even better than it cpuld be transacted from 17 sep The PRESIDENT pro tempore. The Senator is correct as arate offices. There · is not a business :::oncern on earth that, to the general proposition. The Chair simply added that that charged with duties as simple as the payment of pensions, would could only be done in a way which would displace the regular ever think of establishing more than one office for the pmpose of order if the motion to proceed to its consideration sh~uld be distributing those 'funds; yet when we caine to be asked to adopted. abolish these places we fC>und a solid party vote arrayed for Mr. LODGE. If the Chair will permit me, if the question of the preservation of the jobs that now exist. consideration is submitted and prevails, of course that sets aside We are now about to take the initial step toward the estab and displaces the regular order. lishment of a government in the Canal Zone. It is ·a strip of The PRESIDENT pro tempore. It displaces the regular order. land 10 miles wide and about 50 miles long. I am not sure Mr. McCUMBER. I assumed that that would be the case, that I ani correct as to the length, but it does not embrace more and that is the reason why I sought to find a way out by getting than one-quarter of the territory that is embraced in the ordi the Senate to agree that the unfinished business might be tem nary county of an ordinary State. It does not embrace in porarily laid aside, so that we could dispose of this matter in population anything like tbe number of people contained in the a short time and facilitate the purpose of securing money for ordinary counties of an ordinarily populous State. It has very the payment of the pensioners. . few white people who are there permanently; perhaps we might Mr. BRANDEGEE. T-Oat has already been objected to. The almost say none who are there permanently. ·Senator can bring it up in the morning hour to-morrow. I Now, it is proposed to set up a machinery of government more would accommodate the Senator if I could. complicated and more eitensive than that which is established in the great States of this country-a governor, with a salary of THE PANAMA CANAL. $10,000 a year, yet the governors of most of the States.. of this The Senate, as in Committee of the Whole, resumed the con Union do not receive to e.'rceed $5,000 a year, and in many States sideration of the bill (H. R. 21969) to provide for the opening, they receive less. Two other governors at $9,000 a year each maintenance, protection, and operation of the Panama Canal, are provided for. We are about to divide this government of · and the sanitation and government of the Canal Zone. the Canal Zone into three parts. It looks to me a great deal The PRESIDENT pro tempore. The question is upon the like the same kind of division that was once made of Gaul when adoption of the amendment of the committee as it has been it was divided not so much for the purpose of government as amended. :for the purpose of revenue. Mr. THORNTON. l\Ir. President, before putting the question The argument for this complicated machinery is grouped to a vote I ask the indulgence of the Senate for a time not ex- around a very seductive thought, one that appeals to every one ceeding two minutes. . of us, namely, that there should not be a military government It seems to me that the real question in controversy in this over the people in their civil affairs, and I grant that argument matter is as to who shall have the appointment of the officials with all the force with which it was uttered; but it seems to me charged with the administration of affairs in the Canal Zone. that it does not, therefore, follow that we should have a sani We must all admit that there will be three departments at tary governor and a canal governor. -It-strikes me that this is work there. the engineering department, the sanitation depart a very simple proposition. There are some people living along ment, and the civil government part. the Canal Zone there; not very many; I do not know what the · Those who prefer the House provision wish to have the per population is- son who is designated as governor of the zone to appoint the Mr. SIMMONS. Mr. President-- officials to carry out that work, for necessarily he must appoint Mr. REED. Just one second, if the Senator will pardon me. others to do it, for he can not be expected to do it himself; Can some one here enlighten me as to the total population of whereas we who favor the Senate committee amendment think the Canal Zone when our employees shall have moved out? that the President of the United States should be charged with Mr. TOWNSEND. Mr. President, it is estimated by Col. the power and responsibility of appointing those offici~ls. That, Goethals that not to exceed 2,500 people will be required to I believe, is the real difference between us. operate the canal, and it is proposed to move all the remainder Mr. BURTON. Will the Senator from Louisiana yield for a of the people from the Canal Zone excepting, of course, the question? . families of the employees. A great portion of that territory will Mr. THORNTON. I have finished. . be covered by the lake, and it is necessary to remove them. The l\Ir. BURTON. I wish to read from page 5 of the bill, be best-advised men down there say that they all should be re ginning in line 17. After stating that the governor of ·the Pan moved. Of course that is a mooted question; but there are ama Canal shall be appointed by the President, by and with practically no white people down there, as the Senator from the advice and consent of the Senate, the following is the House Missouri suggests, except those who are engaged in the c;on provision : . struction of the canal. All other persons necessary for the completion, care, management, maintenance, sanitation, and operation of the Panama Canal shall Mr. REED. The Senator from Michigan speaks now of em be appointed by the President, or by his authority, removable at his ployees, but, in addition to employees, what will be approxi pleasure and the compensation of such persons shall be fixed by the mately the population? President, or by his authority, until such time as Congress may, by appropriation act or other law, regulate the same. Mr. TOWNSEND. There is no white population down there in addition to the employees. Mr. THORNTON. I will ask the Senator from Ohio to what Mr. REED. About how many are there- of the other kind? portion of the bill he is referring? 1\Ir. TOWNSEND. Well, it is very difficult to say how many Mr. BURTON. That is found on page 5, beginning with line are there who are not engaged in the operation or construction 17, immediately after the provision for the appointment of the of the canal, but not to exceed a few thousand. governor. It would seem that the contention of the Senator 1\Ir. OVERMAN. I am surprised to hear what the Senator from Louisiana is secured by the provision of the House bill. from Michigan says about the number of people in those towns Mr. THORNTON. The House bill provides that- in the Canal Zone. When I was there it was pretty thickly The President is authorized thereafter. to complete and ·operate the settled, though those I saw may have been employees. There Panama Canal or cause it to· be completed and operated through a gov ernor of the Panama eanal and such other persons as he may deem were some merchants, and I was told that a good many young competent to discharge the various ·duties connected with the com men had bought plantations there and gone into the coconut pletion, care, maintenance, sanitation~ op~ration, and protection of the business. I visited the Isthmus and I saw a great many people canal. in the towns, owning houses, many of them beautiful houses. I take it for granted, Mr. President, that the governor of the · l\fr. TOWNSEND. To what town is the Senator from North canal is the one who will really appoint and have the sole au Carolina referring? thority over these other officials, and that is the point that I l\fr. OVERMAN. Of course, that was in Panama. am objecting to in this provision. · Mr. TOWNSE~"'D. I am not speaking of the termini of the Mr. HEJ!.ll>. Mr. President, I feel a great deal of regret at canal-Colon and Panama. taking a moment of the Senate's time to discuss this matter. I 1\Ir. OVERMAN. That is what I am speaking of. would not do so if it did not appear to me that we are multiply Mr. TOWNSEND. At ·colon and Panama, while we -are, in ing the machinery of the Government in a wholly unnecE:ssary a measure, responsible for the government we are not in con way. It is very easy to create a great many positions, but when trol of the people. They have governments of their own, q,ncc created it is almost impossible to abolish them. We had except, of course, that we have been acquiring a large portion an experience of that kind the other day. Report after report of Colon, and that may eventually be considered as a part of had been filed stating that it was wholly unnecessary to have .the population. 0 10290. CONGRESSIONAL RECORD- SENATE. AUGUST 6, l\Ir. REED. But we do not exercise soyereignty over the Mr. CUl\IMINS. Mr. President-- part the Senator is referring to. · The· PRESIDENT pro tempore. Does the Senator from l\lis· Mr. TOWNSEND. Not yet. souri yield to the Senator from Iowa? l\Ir. REED. Well, when we get a larger sovereignty it will Mr. REED. Yes. be time enough to talk about the officering of that part of it;· Mr. CUMMINS. Whoever stated that I believe to have been but we may never get sovereignty. mistaken. It is the estimate of the commi sion, I believe, that Mr. SIM.MONS. Will the Senator allow me to make an in- it will require 2,500 men to operate and maintain the canal. , quiry of the Senator from Michigan 'l That estimate does not include the families of the men, nor does Mr. REED. Ye$. it include those who will be engaged in some kind of business l\Ir. Sil\11\IONS. I ha-rn not been to the Isthmus, and 1 at either end of the canal or in the towns that may be necessary Jmow nothing about it from personal observation, but I was and will erist a.long the route of the canal. I believe there is under the impression that on the Isthmu. , along the line of the no dispute with regard to the facts I have just stated. It is canal. there were several very thrifty little towns. I run told inconceivable to me, having recently visited the Isthmus, that that on the map there are 10 towns marked out; and I was there can be less than twenty-1i"rn or thirty thousand human under the impre sion that there was quite a little population beings at the termini of the canal and along tl;le route of the there outside of those who are engaged in work upon the canal. canal. I should like to know about that. . l\fr. REED. Ur. President, before the Senator takes his seatF l\fr. TOWNSE}."'D. I have not been at the Isthmus during he has been down and investigated, and I know the Senator the past three years. I was there prior to that time ; but in from Iowa is so fair that he will give us his candid views. Ile discussing the matter with members of the commission and speaks, however, of the towns at the it;ermini. Does he mean others who have been there, I have been led to believe that to include in his statement any people living outside of the we have not any considerable permanent white population down territory over which we exercise sovereignty? - there, except at the termini of the canal-at Panama and Colon. l\fr. CUMMINS. I do not. The termini to which I refer :Mr. REED. And that part the Senator refers to we do not are Cristobal, on the Atlantic side, and Ancon, or, rather, exercise soveTeignty over? Balboa, as it undoubtedly will be ultimately named, upon the Mr. TOWNS".EJ1'"'D. Except, as I say, in a measure, in Colon, Paci.fie side. where we own or are acquiring property. . . Mr. REED. The Senator's estimate of the population is Mr. REED. But I am speaking of governmental sovereignty. 25,000? Mr. TOWNSEND: We do not, except to maintain order for Mr. CU.1\llUNS. I have said that it seems to me that there purposes of canal construction. can not. be less than that number there. l\1r. BRISTOW. l\Ir. President- - l\Ir. REED. Very well. The PRESIDENT pro tempore. Does the Senator from Mis Mr. CUMMINS. There may be many more than that num· souri yield to the Senator from Kansas? ber. l\Ir. REED. Yes. l\fr. . REED. I will take the estimate of the Senator from Mr. BRISTOW. Do I understand the Senator from Michigan Michigan of 2,500. to maintain that we will not exercise sovereignty over the popu l\Ir. TOWNSEND. 1\lr. President, I think the record will lation of Balboa and Cristobal? show that I said there would be 2,500 persons employed on the l\!r. TOWNSEl'il). I was not discussing that. canal. . l\fr. BRISTOW. And over towns or cities that are develop Mr. REED. But the Senator further said that he thought ing at the termini of the canal? there would be very few white people outside of that. I do not .,l\Ir. TOWNSEND. The Senator did not understand me to ca.re to be critical about it, but whether the Senator from Michi say anything of that kind. I wa3 not discussing that; I was gan be corr.ect in his estimate or the Senator from Iowa be discussing the question of Panama and Colon. That was the correct in his, makes no difference in the deduction I am about question the Senator asked me. to dra":. Even if there should be 50,000 people there, still the Mr. SD.fl\IONS. Mr. President, if the Senator from Missouri popula.tion would not be greater than that of a city very will permit me, I started to interrupt him a little while ago moderate in size, and 25,000 or 10,000 or 15,000, whateyer it but de isted. The Senator bas been discussing the salaries of may be, is still a small population, such as we find in our little officials and the partition of power and -jurisdiction on the cities scattered throughout the country. Isthmus. I want the Senator to understand that my chief ob Now, it is proposed to establish a civil government. What jection to a sin~le head there has been the conviction that I is necessary to that end? Do we need more. than one man for have had that that head would be a military man. If he were that civil government? l\Ianifestly not. If the great city of to be a civilian, if the law required that he should be a civilian, New York can be put under the control of one man, its mayor, a large part of my objection would be removed ; but if we had if the other great cities of this country can be put under the a civilian head, he would, of course, have to be paid a salary. control of one man, if the Philippine I lands can be put under I understand we have to pay somewhat higher salaries down the control of one man, then why can not this little narrow strip · there than we do here. · of land, at the present time almost without population, except As to the other two officers, the manager of the canal wouid those who are there employed by the Government, be put under haye to be, I understand, a high-class man, and the man in the control of one man? Why do we need more than one man charge of sanitation would have to be a high-class man. Even for the civil government? That man, because he deals with if he were a mere subordinate, appointed by the governor or ctvil government, and with the rights of the people in their. appointed. by the President subject to the governor, he would civil relations to each other and to the government, ought to b2 have to be a high-class man, and we would have to pay him a civilian. I agree with all the Senator from North Carolina probably a salary something like the salary that we have been [l\Ir. -SIMMONS] said when he inveighed again t ever placing a paying the president of the canal commission, and something military governor over people engaged in the peaceful pursuits like the salary we have been paying Col. Gorgas, who bas been of civil life.. So I am agreed to a governo£ who shall be a at the head of the sanitary work down there. So I do not civilian. see, from the economical standpoint, that the situation would Now, let us see what else there is down there which requires be very much changed. any other office of government. We have constructed at en.or· Mr. REED. I was about coming to that, and will in a mo mous expense this great -canal. It is distinctly the property of ment. I do not think the Senator from North Carolina and the G-Overnment. It is the most expensive pjece of governmental myself are very far apart in our fundamental views in regard property we have or that has ever been built in the history of to this question. It frequently happens, when a plan is brought the world. It is of vast importance to our commerce and to in and we begin discussing the plan, we never pause to con our Nation and to the world. But it was constructed by sider whether the plan itself is the right plan, and thus we officers of the United State A.rmy. Its maintenance involves begin considering that particular plan which is submitted in no greater degree of care, no greater degree of skill, than does Yarious lights and phases, when it may be fundamentally the maintenance ot other great pu,blic works of this country, wrong. and the best management, the best maintenance, the be t guar If the Senate will pardon me for going back, I was saying dianship you can establish over it is to ha\e the President of this is a very small strip of ground, about one-quarter of the the United States designate a high-class engineer of the Army size of. an ordinary county in an ordinary State. Its popu and place him there in control of the canal proper, without any lation, it appears, is not equal to the population which would governmental power, without any governmental function, but exi t in the same strip of territory in an ordinary State. In in charge of the canal tbe same as the commander of a fortress deed, we are now told that when our Government shall have is in charge of a fortress. withdrawn its surplus force there will be about 2,500 people I say it is utterly wrong, in my opinion, not to use a harshe! living "·ithin tha.t territory over. which the Government now term, to talk about appointing a man as governor of the canal; exercises so-rereignty. it is as useless as talking about appointing a man ' governor of 0 1912.' OONGRE_SSION AL RECORD-SENATE. Fortress l\Ionroe; it is as useless as it would be to appoint a man The SECRETABY. On page 4, line 20, after the word " reorgan-1 · governor of Fort Riley. It is absolutely without any virtue. ized," and after the comma, insert : What the Pr~ident ought to do is to designate a high-class, And who shall have sole control of the maintenance and operation of skilled, wise Army engineer and put him in supreme control of. the canal. , the canal itself, with all its locks and all its valuable property, So that if amended it will read: ·' and that should be done merely by detail, and no man should One chosen from the Corps of Engineers of the Army who shall be be put down there to stay forever. No man should be put president of the commission a.s so reorganized, and who shall· have sole down there for the salary. He ought to be put down there at control of the maintenanc.e and operation of the canal. _ the salary he receives in his position, with a liberal and proper l\Ir. CUMMINS. Will the Secretary please read the entire allowance for his expenses. sentence, so that it may be more fully understood 1 Now, that takes care of that. What else is there? We are The Secretary read as follows : told that there are difficult problems of sanitation. But who SEC. 4. That when the construction of the Panama Canal-- solved them? Was he not an Army officer, and have we not Mr. CUM.MINS. "The entire sentence. I meant to begin at· given in our Army profound and careful thought and study to the amendment of the Senate committee and read the first · the great question of sanitation, and do we not bo.ast that we sentence. ~ know the former part of the sentence but it will have solved many of these difficulties, and that to-day the not aid in the present situation. ' officers charged with the sanitation of our Army are abreast of The Secretary read as follows : the foremost in the world? If that be true, why should not the Oi;ie chosen from the Corps of Engineers ot the Army, who shall be Pre ident designate to serve under the civil governor, but with president of the commission as so reorganized and who shall have sole broad powers, an officer of the Army, who may have charge of ~ontrol of the maintenance and operation of the canal one experienced lD the work of sanitation in the Tropics, and one a ciVllian. the sanitation? What have you got there? The simplest plan in the world Mr. REED. The rest of the paragraph stands unchanged? a civil governor to set up civil government, to establish courts, The PRESIDENT pro tempore. Up to this time. and manage the civil affairs of those people. When it comes to Mr. REED. Now, Mr. President, of course the amendment of the control of the canal, two <>fficers of the Army to be des the ~ei;iator from Iowa takes away from the Army engineer ignated by the President for that purpose. Why have three the c1v1l control, but the commission of three still exists that governors? Why have this machinery? Why set up this ex ?-oes e:rercise supreme control over all parts of the Canal Zone. pensive and complicated system? rncludrng the canal ; and this Army officer-and there may be Mr. BRISTOW. Mr. President-- two Army officers still exercise control because they are mem- The PRESIDENT pro tempore. Does the Senator from Mis bers of the board. - souri yield to the Senator from Kansas? Now, the Senator from Kansas stated-I am sorry he has l\Ir. REED. Oertainly. left th_e Chamber-that my plan was the same plan. It is a Mr. BRISTOW. I think if the Senator had been present very dif!=er~t proposition. One is a government of the canal by yesterday he would have understood that this commission in a con;uniss10n, two members of which may be, and one of which fact provides for exactly what he rays <>ught to be there. There certarnly must be, a member of tlie Army-an Army officer; is an Army officer, and the provision which the Senate commit and ti;ie8:e Army officers exercise a predominating control in the tee recommends provides that a member of the Oorps of comm1ss10n. Thus you have a military government of the Engineers of the United States Army shall be in charge of the Canal Zone, or at least you have a government of the Oanal operation and maintenance of the canal, as the Senator has Zone by the military. Then you have a board of three engineers, suggested. The. committee amendment provides that there shall and you have three salaries aggregating, I believe, $28,000 be one commissioner appointed from civil Jife, who shall be a year. charged with the civil affairs, and then a sanitary officer who is The proposition I make i-s almost diametrically the opposite to do the work which is to correspond with the work that has of that. It is to have a civil governor, one man, who shall .have been performed by OoL Gorgas as sanitary commission.er. The charge of the civil aff.airs of the Oanal Zon.e, .and that ends the provisions which the Senator says ought to be in the bill are government question. The President shall detail a skilled provided for in the bill. Army engineer, who shall have charge of the works of the canal l\Ir. REED. The one that is printed? itse~f, and if necessary the President shall detail another Army Mr. BRISTOW. Yes. engmeer or officer skilled in the business of .sanitation, who Mr. REED. Oh, no, Mr. President. It is a very different sh.all look after the sanitation .of the CanaJ Zone. scheme. This provides for the continuance of a commission. What have you got then? You have simply detailed two That is just the thing you do-the reduction of the present com A~my officers to do that kind of work which they are doing in mission to three members, one chosen from the Oorps of Engi this country, and you have put one man, a civilian, as governor. neers of the Army, who shall be president of the commission of this little -strip of ground, and you have saved a lot of money · as so re<>rganized. and a lot of red tape and a lot of machinery, and you have civil Mr. BRISTOW. If the Senator will permit me, that pro officers administering civil government. I can see no objection vision has been amended by an amendment offered ·by the Sen to that plan. ator from low.a placing him in complete charge of the operation i\Ir. SIMMONS. l\.fr. President-- of the canal .and its- maintenance. The PRESIDENT pro tempore. Does the Senator from Mis Mr. REED. I suppose the Senator refers to the discussion. souri Yield to the Senator from North Carolina? Very well. I have not the benefit of t.hat amendment. I was Mr. REED. Certainly. not here when it was offered. But does it propose to put .an Mr. SlillIONS. The Senator in his remarks spoke a.bout the Army officer in control? size of the territory and the number of the people, and he said Mr. BRISTOW. It proposes to put a member of the Oorps what is true, that in this country yre have mayors governing of Army Engineers in control of the operation of the canaL great cities. The Senator recognizes the fact that while in Mr. SIM:MONS. I do not understand· that. this country the mayor governs a great city, the mayor does Mr. REED. I should like to have it reported. I should like not appoint all the officers. The people elect the officers who to hear it. are to perform the duties under the mayor. l\Ir. Sll\11\IONS. I do not understand that. The civil affairs Now, that was one of the conditions the Sen.ate committee was of the Isthmus are put under the control of one of the com trying to meet by this amendment. Under the House provision missioners. all the subordinates who were to perform the actual functions fr. BRISTOW. The one chosen from the Corps of Engineers of government were to be .appointed by the President. There of the Army, who shall be president of the commission as so was a governor, and all other persons necessary to the govern reorganized ; and then it was amended so as to provide that-he ment of the zone, appoi.ilted by the President or by his author is to have control of the operation and maintenance of the ity. That meant by his authority. It m€ant that the President canaL · should vest in the governor the right and the function of ap Mr. SIMMONS. Yes. Then there is another one of the com pointing all subordinate officials. mis ioners who is in -charge of civil affairs. Bnt we sought to get rid of that, and to give the commission Mr. BRISTOW. Certainly. But the Senator from .l\Iissonri the authority to appoint. But let me ask the Senator a ques asked if this governor would be in charge of the operation and tion. I like his plan. It is the plan of the Senate somewhat maintenance of the canal, and my answer was that he wouJd be. reversed, and bBtter. He proposes a civil head. Then he pro Mr. REED. No; the Senator is mistaken. At least the Sen poses to put the canal under the c<>ntrol of a subordinate, and ator is mistaken ·or I do not understand it. I may be mistaken. to put the work of sanitation under the control of a subordinate. I should like to llave this amendment that has been offered re I grasp that, of course. I like that better. ported. It has not been p.rinted, and I have not SE:~n it. If the Senator's plan is adopted, who will appoint these offi The PRESIDENT pro tempore. The Secretary will report cers-these subordinate officers outside, I mean, of the head the amendment. o~ the Oanal Zone; the manager of the canal and outside the 10292 CONGRE88IONAL RECORD- SENATE. manager in charge of sanitation? Who will appoint the other down again. If you appoint three governors there, with fat officers? Is it expected that the President will appoint them salaries, they will be there until the youngest man in the Senate or that the civil governor will appoint them? We have tried has been gathered to his fathers. I am opposaj. to it, and I to ayoid putting into the hands of one man the right to· appoint , offer as an amendment the following-- all the officers of that zone, whether they are engaged in work 1\Ir. SL.'\fMONS. Will the Senator permit me to say, before connected with the civil go\ernment or in work connected with he reads his amendment, that _I agree entirely with him about sanitation or in work connected with the Canal Zone. Under the matter of salaries, but I d.o not see that his plan will a void the plan proposed by the Senator, who would make those ap the difficulties on that score which confronted the committee. pointments? I think that is a very important consideration. I think the salaries will have to be· maintained at about the Mr. HEED. Of course the only ·difference now between the same rate whether we adopt the committee's plan or the Sena plan submitted by the Senate committee and the plan I suggest tor's plan. upon the one point is who shall appoint the subordinate officers I want to say, if the Senator will permit me, that I am not of the gO"rnrnment, excluding from the term subordinate the satisfied with the House plan; neither was I satisfied with the manager of the canal itself and the inspector or manager of plan adopted by the committee; and that was the rea{on why I sanitation; that is to say, the inferior officers, by which, I pre was trying to aid the Senator a little while ago to get time in sume, it means perhaps the policing and the other work that order to frame something that would more nearly meet the goes with government. The only difference between the Senate situation. committee's plan and my plan as it stands here now is that Mr. REED. I understand the Senator's position and that he the Senate committee \ests it in a board of three, while my does not specially prefer one plan o>er the other, but he thinks plan would vest it in one man. But the Senate committee plan the bill might be improved. sets up a board of three, two of whom are Army officers, and Mr. Sil\Il\IONS. That is right. I would rather leave the entire appointment in civil government Mr. REED. Mr. President, I am sorry I have not had time to one officer selected from civil life than to leave it to a board to write it out-the amendment-in proper form, but I mo\e to the majority of whom are selected from the Army or Navy. amend section 4 so that it shall read as follows: I say that with due respect to the Army or Navy. I agree with That when in the judgment of the President the construction of the the sentiments expressed by the Senator from North Carolina. Panama Canal shall be completed so as to rendet· unnecessary the fur ther services of the Isthmian Canal Commission as now constituted, the These men are good men, skillful men, brave men, splendid men, President is authorized by Executive order to discontinue the Isthmian but they have been trained to the business of the Army and Canal Commission, which together with the present organization, shall Navy and not to the business of common civil life, and I am then cease to exist ; and the President is authorized thereafter to com plete and operate the Panama Canal or cause it to be completed and unwilling that they shall exercise, except in a time of actual operated through such officer or officers of the United States Army as danger, control over the civil affairs of the people, either here he may deem competent to discharge the various duties connected with or elsewhere. the completion, maintenance, and operation of the said canal. The President shall appoint a civil governor of the Canal Zone who shall Mr. President, answering a little more in detail the statement be a civilian, and shall receive a salary of $7,500 per annum. All of the Senator from North. Carolina, for it was more a state other persons necessary for the care, maintenance, and sanitation of ment than an interrogatory, and I thank him for it, I would be the Canal Zone shall be detailea from the military or naval forces of the United States. The governor shall have power to appoint such unwi11ing, if we are ever to ha>e any considerable population assistants and employ such aids in the conduct of the civil government in the Canal Zone, to confer arbitrary power upon either a board of the Canal Zone as may be hereafter authorized by Congress. Officers of men or upon one man. I think when you get down to the of the United States Army or Navy detailed for service in the Canal Zone may, in the discretion of the President, be allowed a compensation question of really establishing a government there that is to be in addition to that now fixed by law not to exceed 25 per cent of the permanent in its character, we must pass some necessary laws salary now paid. Upon the completion of the Panama Canal the l're i giving to the local population some rights of setting up their dent shall cause the same to be officially and formally opened for use local government. I am unwilling that any part of the world and operation. which is American territory shall be permanently placed under The PHESI DE1'1T pro tempore. The Chair understands the a guardianship established here in Washington. Of course to Senator to offer that as a substitute for the paragraph. have a go>ernor is one thing, but to absolutely give to that Mr. REED. As a substitute. go>ern.or the entire right of control and government is quite The PRESIDENT pro tempore. The substitute offered is in a different thing. order, but before it is put it is proper to perfect the original Mr. SIMMONS. Will the Senator allow me? In the House section by acting upon the amendment that has been proposed plan the Senator will see that exactly that point was involved, or amendments that may be proposed. The pending amendment and that is what the committee was confronted with: is that reported by the committee to the orjginal section. After All other persons necessary for the completion, care. management, the section has been perfected the amendment proposed by the maintenance, sanitation, :md operation of the Panama Canal shall be Senator from Missouri to strike out and insert will be in order. appointed by the President, or by his authority, removable at his First, the amendment now proposed to the section as it stands pleasure. will be acted upon and then the question will be presented to the That meant of course in the last analysis that they would Senate on the amendment· offered by the Senator from Missouri. aU be appointed by this one man. That is one of the difficulties The question now is on the adoption of the committee amend in the whole situation. ment as it has been amended by the amendment offered by the Mr. REED. Sometimes a bad plan will start traveling along Senator from Iowa [Mr. CUMMINS], the amendment extending a certain road and those who follow it will never get down to only to and including the word "canal," on the sixth line of consider the right plan. We go in a direction because we the fifth page. That is the amendment now before the Senate. started that way sometimes. But the Senator did not read all 'rhe question is on agreeing to the committee amendment as of the House plan. Reading, beginning where he did, and fol thus amended. [Putting the question.] The ayes appear to lowing on: have it. The ayes have it, and the amendment ns amended is All other persons necessary for the completion, care, management, agreed to. The next amendment of the committee will be stated. maintenance, sanitation, and operation of the Panama Canal shall be The SECRETARY. On page 5, lines 6 and 7, the committee pro appointed by the President, or by his authority, removable at his pleasure and the compensation of such persons shall be fixed by the pose to strike out the words " as aforesaid" and to insert President, or by his authority, until such time as Congress may, by " under the provisions of this act." appropriation act or other law, regulate the same. The amendment was agreed to. Whether that means to be limited to salaries or not I am not The PRESIDENT pro tempore. The next amendment of the certain. At first glance I thought not, but it may be that that committee will be stated. is the meaning. HoweT"er that may be, the fact that the House ~'he SECRETARY. In line 8, after the word "military," insert in its bill did not provide for a government is no reason why the word " naval." we should not do it. There is no insuperable obstacle pre Mr. LODGE. Do I understand that the vote was taken on sented here to-day for the amendment of this measure so that the main amendment suostituting a commission? I thought not. a government shall be established. But I take it that this is a The PRESIDENT pro tempore. The question was taken on temporary measure at best and at worst, and all we are under the amendment reported by the committee to this section, end . taking to do now is to provide a temporary government. I see ing with the word "canal," line 6, page 5 . no special wrong in vesting in a civil go\ernor _these powers at Mr. BRANDEGEE. But not on the section as amended. the present time. Certainly I would as willingly do that as I The PRESIDENT pro tempore. But not on the section itself: would vest it in a board two-thirds of which were military. simply on the amendment proposed by the committee as it had Then as soon as the canal is open surely Congress can pass a been amended by the Senate. law that will provide for. the other functions of government that Mr. JONES. We adopted the amendment . providing for a must be employed. commission of three? I have taken a great deal of time here in discussing this mat The PRESIDENT pro tempore. We adopted that as an ter, to the weariness undoubtedly of ~e Senate, but I am un amendment. willing to set up macb.mery that we will never be able to t ake Mr. LODGE. That surely has not been adopted. · 1 1912. CONGRESSIONl\L. RECORD-SEN.ATE. 10293 The PRESIDENT-pro tempore. That is not the adoption of [1\Ir. BRANDEGEE] had simply given notice of an intention to all the section. offer such an amendment. Therefore the substitute proposed· Mr. JONES. But we adopted that amendment. by the Senator from Missouri will be the first one to be acted 1\Ir. LODGE. When was it adopted? upon. If that should not be carried, then the amenclrnent pro l\fr. JONES. Just now. posed to be offered by the Sen:ttor from Connecticut will be in Mr. LODGE. It was not understood. I had no idea that order for The PRESIDENT pro ternpore. The next amendment re The PRESIDENT pro tempore. The question is on agreeing ported by the committee will be stated. to the amendment. The SECRETARY. In section 4, page 5, line 20, after the words The amendment was agreed to. ' by the," it is proposed to strike out " President, or by his The PRESIDENT pro tempore. That completes the com authority" and to insert the wof·d "commission." mittee amendments to the section. Mr. LODGE. Mr. President, that seems to me, under any Mr. BRANDEGEE. Now, Mr. President, I assume the sub circumstances, whether we have a commission or a single gov stitute offered by the Senator from Missouri [Mr. REED] is in ernor, a most objectionable amendment. I should like to ask order. the chairman of the committee whether the amendment just The PRESIDENT pro tempore. It is. stated, in line 20, which, I repeat, I think is a most objection l\fr. REED. I should like to have it stated, Mr. President. able amendment, is covered by his proposed amendment? :( am not certain as to the form of the amendment. · I undertook . Mr. BR.AJ\TDEGEE. The House bill provides that the Presi to dictate it here, and I suppose the Secretary did his work dent shall appoint all the other persons neces ary upon the all right; but I am not sure that I did mine. zone, and inasmuch as the Senate committee amendment con The PRESIDENT pro tempore. The amendment will be templates the government of the Canal Zone by a commission, stated. the sen ·e of the committee was that the commission should The SECRETARY. In lieu of section 4 it is proposed to insert have the authority to appoint the other persons necessary for the following : the government of the zone. That when, in the judgment of the President. the consh·uction of the l\Ir. LODGE. If by the House provision the appointments are Panama <;:anal shall be completed so as to render unnecessary the fur ther sern~:!s of the Isthmian Canal Commission as now constituted, resen·ed to the President when there is only one head, I think the President is authorized by Executive order to discontinue the Isth it is even JTiore desirable that the power of appointment ought IJ?.ian Canal Commission, which, together with the present organiza to be reserYed to the President when there is a commission. I tion, shall then cease to exist; and the President is authorized there after to complete and operate the Panama Canal or cause it to be think responsibility ought to be lodged somewhere as to the men completed and operated through such officer or officers of the United who are to manage the canal, and I think to giye to the commis States Army as be may deem competent to discharge the vru:.ious duties sion the power of appointment would be most unfortunate. connected with the completion, maintenance, and operation of the said canal. Tb~ President shall appoint a civil governor of the Canal Zone Mr. ROOT. Mr. President, the effect of this provision would who shall be a civilian and shall receive a salary of $7,500 per annum. be that the man in charge of sanitation and the man in charge All other persons necessary for the care, maintenance, and sanitation of the ciYil government could absolutely deprive the man who is of the Ca~al Zone shall be detailed from the military or naval forces of the Umted States. The governor shall have power to appoint such responsible for the operation of the canal of all power wh~tsoever. assistants and employ such aid in the conduct of the civil government Mr. BRA.l~EGEE. Mr. President, I think if a commission is of the Canal Zone as may be hereafter authorized by Congre s. Offi provided for, two members of_the commi sion, _if they should cers of t:ie United States Army or Navy detaileu for service in the Canal Zone may, in the discretion of the President, be allowed a com disagree with the chairman, could deprive him of all power. peusation in. addition· to tb~t now fixed by law not to exceed 25 per That is the reason I am opposed to the commission plan. cent of the salary now paid. Upon the completion of the Panama. Mr. REED. I should like to ask the Senator from New York Canal the President shall cause the same to be officially and formally whether, in his opinion, this great canal ought not to be kept opened for use and operation. . directly and at all times under the immediate control of the l\fr. REED. Mr. President, I have only a few words to say in President and be in charge of an officer of the United States addition to the-remarks I have already made. I will try to con Army? dense what I want to say in three or four minutes' time. Mr. ROOT. I think it should. · I belie>e that the· civil affafrs of the Canal Zone, the civil Mr. REED. I think so, too. rights of the inhabitants of the canal, ought to be safeguarded Mr. ROOT. I think, through the exercise of the power of by a civil officer. I believe that the sanitation of the Cnnal appointment by the President of the United Stat.es, this G?v Zone is so important that it probably ought to be conducted e:rnment should keep its hand upon all matters m connecbon under an expert appointed by the President direct. I believe with the canal instead of leaving it to a commission on the that th~ canal itself is not merely a commercial enterprise; that, I sthmus composed of three men, two of whom, by the exercise vast as its value may be to the commerce of the world and of the power of appointment, can render powerless the man who great as the benefits· from a commercial standpoint will be to is responsible for the successf,vl operation of the canal. I think, this country, the chief value of the canal in the last analysis to Mr. President, that we are making such arrangements that we our country is its strategic value in time of nation!ll danger. I hazard being humiliated before the world by a miserable failure believe that we ought not to divide the control of the canal any in the administration of the canal. more than we would divide the control and management of one Mr. BRISTOW. Mr. President, I desire to state, for the in of the great fortresses standing guard at the gatewtus of the formation of the Senator from New York, that during his ab Republic; that the management of the canal ought to be ln sence an amendment was adopted on motion of the Senator the President of the rn1ited States; and that one of the most from Iowa [Mr. CUMMINS] giving the president of the com skillful and wise officers of the Army ought to constantly act mission the complete control of the operation of the canal; and, there for the President as the Commander in Chief of tlle Army so far as I am concerned, as a member of the committee who of the United States. voted originally in favor of this amendment, if the other mem I can readily see that a condition might arise when immediate bers of the cominittee who agreed with me at the time would be action would be necessary. I can readily see that a conditiou satisfied, I would be perfectly willing for that amendment to might arise when a division of counsel and a war of 01 inions be disagreed to. among three go>ernors, with divided re~ponsibility and di.vided Mr. ROOT. The amendment providing for the appointment opinions, might result in serious consequences to our Govern of officials by the commission? ment. This canal may be the great_gateway through which we Mr. BRISTOW. The one amendment in line 20, striking out shall send our vessels to the rescue of our country; it may be the words "President, or by his authority," and inserting the the gateway through which the enemy can reach our shores. word " commission." It ought to be regarded as a military post and should be directly Mr. ROOT. That would be a very great improvement. in ·the control of the President of the United States. Mr. JONES. I desire to say that I opposed that amendment The amendment I have offered has not been perfected as I in the committee. I think we should leave these appointments would like to have it, but it covers this question, and I think to the President, either directly or by his authority. So I has been fully as well considered as has the bill now before us. ~hould like to see the amendment striking out the words " Presi l\fr. BRANDEGEE. l\fr. President, I send to the desk an dent, or by his authority," and insert~g the word "~ommis amendment which I intend to propose to this section as a sub sion," disagreed to. stitute, and will ask the Secretary to read it in my time, in order The PRESIDENT pro tempore. The question is on agreeing that Senators may see whether and to what extent it coyers to the amendment proposed by the committee, striking out the the points made by the Senator from l\1i souri. words "President, or by his authority," and inserting " com The PRESIDENT- pro tempore. The Secretary will read as mission." requested. The amendment was rejected. . The SECRET1illY. As a substitute for section 4, it is proposed The next amendment of the Committee on Interoceanic Canals to insert the following : was, on page 5, at the end of line 20, to strike out the word SEC. 4. That when in the judgment of "the President the construction " his " and insert " its." of the Panama Canal shall be sufficiently advanced toward completion to render the further . ser.vices of the Isthmian Canal Commission un Mr. J01'TES. That should be disagreed to. necessary the President is authorized P.Y Executive order to discontinue Tbe PRESIDENT pro tempore. Without objection, follow the I sthmian Canal Commission, 'which, together with the p1:esent or ing the other amendment, that amendment will be disagreed to. ganization, shall then cease to exist; and the President is authorized thereafter to compl.ete, govern, and _ operate the Panama Canal and The next amendment of the Committee on Interoceanic Canals Canal Zone, or cause them to be completed, .governed, , and operated, was, in line 23, to strike out the words "appropriation act or through a governor of the Panama Canal and such other pers·ons as be other." ·may deem competent to discharge the various duties connected with the 1912 ~ CONGRESSIONAL B,~C ORD-SEN ATE. 10295 completion, care, maintenance, sanitation, operation, government; and Mr. CULLOM (when his name was called). I have a general protection of the canal and Canal Zone. If any of the persons ap pointed or employed as aforesaid shall be persons in the military or pair with the j unior Senator from West Virginia [l\fr. CHILTON] naval service of the United States, the amount of the official salary and therefore withhold my vote. If he were present, I should paid to any such person shall be deducted from the amount of salary vote" yea." or compensation provided by or which shall be fixed under the terms of this act. The governor of the Panama Canal shall be appointed by the 1\Ir_ LODGE (when Mr. DILLINGHAM's name was called) . President, by and with the advice and consent of the Senate, commis The Senator from Vermont is absent from the city. He re sioned for a term of four years, and until his successor shall be ap quested me to announce that he is paired with the Senator' pointed and qualified : Provided, That he be subject to removal at the will of the President. He shall receive a salary of $10,000 a year. All from South Carolina [Mr. TILLMAN], and if he were present and other per ons necessary for the completion, care, management, main permitted to vote, he WOUld On this YOte \Ote "yea." . tenance, sanitation, government, and ope-ration of the Panama Canal and Canal Zone shall be appointed by the President, or by his authority. l\fr. SHIVELY (when l\Ir. KERN'S name was called). My removable at his pleasure, and the compensation of such persons shall ~olleague [l\Ir. KERN] is necessarily absent from the Chamber on be fixed by the Pre ident, or by his authority, until such time as Con important business. He is paired with the junior Senator from gress may by law regulate the same, but salaries or compensation fixed Pennsylvania [Mr. OLIVER] . hereunder by the President shall in no instance exceed by more than 25 per cent the salary or compensation paid for the same or similar l\lr. 1\IcCUl\fBER (when his name· was called) . I have a services to persons employed by .the Government in continental United general pair with the senior Senator from Mississippi [Mr.. S,tates. That upon the completion of the Panama Canal the President shall cause the same to be officially and formally opened for use and PERCY]. I am informed tbat the junior Senator from Massa operation. - chusetts [Mr. CRANE], if present, would vote " yea." I there-. fore transfer my pair with the senior Senator from Mississippi Ur. CULBERSON. I will ask the Senator from Connecticut [l\lr. PERCY] to the junior Senator from Massachusetts [Ur. jf tile amendment he proposes is not sub tantially the House bill'! CRANE] and will vote. I vote " yea." Mr. BUAl\"'DEGEE. It is almost identical with the House l\fr._REED . 'l'he PRESIDENT. pro tempore. The next amendment of the agree to indemnify the owner of it for all loss or dnmage sus· committee will be stated. tained by it? ' The next amendment was. on page 6, section 5, line 10, after Mr. BRANDEGElil I have it not before me at present.. I the words" Panama Canal," to insert a colon and the following: · will look it ·up and inform the Senator. There is a section Prot:ided, That· no tolls, when prescribed ::ts llbo.ve, shall be cha~ged, which provides that any claim made by a ves el for damage except six months notice thereof shall have been given by the President going through shall be adjudicated, and it pro>ides the court in by proclamation. which the claim shall be presented. I will refer the Senator to The PRESIDENT pro tempore. Without objection; the it a soon as I have taken my seat and have had an opportunity amendment is agreed to. to find it. l\lr. BURTON. I rise to a parliamentary inquiry. Did the Senator from North Carolina rise to make an in The PRESIDENT pro tempore. The Senator from Ohio. quiry? l\lr. BURTON. I take it it is in order for amendments other 1\Ir. SIM.MONS. I simply wanted to make an inquiry of the than those proposed by the committee to be offered during this Senator. I understood the Senator to say there is a grent deal reading of the bill? . reqQ.ired to maintain the locks, to bear the expense of furnish The PRESIDENT pro tempore. What is the inquiry of the ing coal and supplie , and we should not allow American sbips Senator from Ohio? to pass through free. In our interior waterway doe the Sena Mr. BURTON. It is whether the bill is open to general tor know where the Government has built a lock canal that it amendment. does .not maintain the lock canal and permit the free · pas age The PRESIDENT pro tempore. As the sections are read, the of ves els without charO'e? Chair understands amendments are in order. Mr. BRANDEGEE. l\Ir. President, I will say to the Senator :Mr. BURTON. Then I move to strike out line 13 and the from Tew York that the provision I referred to occurs on page first fi ..rn words in line 14, on page 6, reading: 8, lines 7 to 19, inclusive. · No tolls shall be levied upon vessels engaged in the coastwise trade of -the United States. Now, in answering the inquiry of the Senator from North Carolina, I will say that I do not consider this Panama Canal l\Ir. BUANDEGEE1 Before the vote is taken upon that ques to be at all on a parity with our inland waterways. I see no tion, I want to suggest in. the italics just read, to change the analogy whatever between them but the fact that they are both word "except," in line 11, to " unless," so as to read " unless six waterways upon which ships saiL I do not regard it as a months notice," and so forth. part of our coast line, as some Senators do. Two foreign coun The PRESIDENT pro tempore. The amendment having al tries intervene between our country and the canal. To my mind ready been adopted, that change will be made, if there is no it is no more a part of our coast line than the Straits of Ma objection, by unanimous consent. gellan would be. It is simply a question of degree as to the The next committee amendment will be stated by the Secre distance. tary. l\Ir. SMITH of South Carolina. l\fay I ask the Senator from The SECRETARY. In lines 20 and 21-- Connecticut, then, upon what authority have we ju t pas ed Ur. BURTON. What disposition was made of my amend legislation to establish a civil government for that zone? ment? l\Ir. BR~1DEGEE. I was talking about the canal. We Tlle PRESIDENT pro tempore. The Senator from Ohio organize a civil government for the Canal Zone upon the presents an amendment, which will be stated. authority under the treaty with a foreign country to which I The SECRETARY. In lines 13 and 14 on page 6, the Senator have alluded. from Ohio proposes to strike out- l\Ir. SMITH of South Carolina. Then the Senator will admit, No tolls shall be levied upon. vessels engaged in the coastwise trade I presume, that as under the treaty we appoint a civil gov of the United States. ernor within that zone, and the canal happens to run through it, The PRESIDENT pro ternpore. The question is on agreeing all the riparian rights there are as much ours as is the coast of to the amendment proposed by the Senator from Ohio to strike America? out the words which hm·e just been read. l\fr. BRA1\1DEGEEl. I am talking about what signification Mr. Sil\IMONS. On that I demand the yeas and nays. shall be given to the word" coastwise." I am not di cussing the The yeas and nays were ordered. extent of our sovereignty there. As I said the other day, it Mr. BRA.1\'DEGEE. Mr. President, of course that brings up does not, in my opinion, have any relevancy to this di cussion. the whole question whether coastwise trade shall be exempt The sole question with me is with what moral force does the from toll charges or not. That has been discussed a good deal appeal come to the Congress of the United States as representa by Senators in their general speeches on the bill. tives of our States here and the people from a private ship I do not intend to tuke up more than one minute of the Sen owner, who already has a monopoly of our coastwise trade, to ate's time. appear from the Atlantic or Pacific Oc~n and sirnal to the I want to state that from the beginning I have been, and am now, operatives of the' canal upon which we have spent $400,000.000, in favor of the amendment proposed by the Senator from Ohio the interest charge of which is ·some $11,000,000, the annual [1\Ir. BURTON]. I do not see any reason why a \essel engaged in the maintenance of the operation of the two and a half or tbJ.·ee coastwise trade of this country that wants to get from the At- million dollars-with what right in equity does that man say • !antic to the Pacific Ocean, or the, reverse, should have any to us : "You have saved me some 8,000 miles of travel around right to come to that canal and say to the United States, which the Straits of l\Iagellan, and you allow me to sail over this has already paid $400,000,000 for the construction of the canal : water as you would a harbor, but in addition to that I de "Here, get to work. Burn up the coal you have bought with mand that you shall keep .it equipped, that you shall go into Treasury funds; maintain your operating force; transport me; the market and buy coal, that you shall carry it down there . not only gi"\"e me the use of the waterway which you have pro and burn it in running the machinery for my peculiar benefit, vided at this enormous expense, as you would in the case Qf a and I will keep the tolls, the amount of money which the service harbor but pay the expenses of transporting my vessel across is worth to me." the co~tinent, and also insure her against any accidei;i.t," for as 1\fr. BRISTOW. Mr. President-- the Senators who have read the bill know, it provides that the The PRESIDENT pro tempore. Does the Senator from Con vessel must absolutely put itself in the hands of the operating necticut yield to the Senator from Kansas? force of the United States. · l\Ir. BRANDEGEE. Qertainly. If any accident happens to it or damage results to it, the l\Ir. BRISTOW. Since.we have expended $120,000,000 on the United States is responsible in damages for that vessel. I improvement of the Mississippi River, why should we not understand the claims that Senators malrn who believe the charge for its use? . other way, but to me there is. no moral claim whatever. Any l\Ir. BRA.J\"'DEGElE. That is practically the ~ame question in shipping engaged in our coastwise trade, which already has a another form that the Senator from North Carolina put to me monopoly in the business, has bound the Government not only as to the interior waterways. I do not see any analogy between ~o S\'end the money. collected in taxes from al~ the p~ple in .a the two things. special ervice to it, but also to guarantee it and msure it We had for years a Panama railroad down there, and it ~d a rrainst damage if a ve sel is injured. I am heartily in sym as far as it could the-same business that thls canal is going to p~ thy with the amendment of the Senator from Ohio. do, only the cargo-es of hips had to be transferred from ~b.e 1\Ir. O GOillf.AN and l\fr. SHU.IONS addressed tl?-e Chair. ship to the railroad. We never put the cargoe of tp.e ships The PRESIDE~"'T pro tempore. Does the Senator from Con throu"'h free on the railroad. On the contrary, we charged them necticut yield, and to 'vhom? for the service performed. l\lr. BUANDEGEE. I yield to the Senator from New York. : I could talk about it for half an hour· or an hour, I suppose, Mr. O'GOR-;\IAN. I should like to ask the Senator from Con but if Senators do not grasp my i_dea about it or the wa·y I necticut in what section of the bHI it is that the United States feel about it after what I have said, they would not after an 1912. CONGRESSIONAL RECORD-SENATE. 10297 hour, and I am not saying this to change anybody's opinion. foreign tonnage-that is, American ships engaged in foreign Senators are just as well qualified to have an opinion about it trade, such few as remain-to pay the tolls. If tolls are to be as I am, but that is my view of it, and that is the reason why exacted, there is much more reason for exacting them from the I shall vote for the amendment of the Senator from Ohio. coastwise trade, which has an absolute monopoly, than from l\lr. STONE. l\lr. President, I should like to make an in the few vessels we have engaged in the foreign commerce quiry. If I understand the Senator from Connecticut, he is which are struggling for their lives without any help whate\er, opposed to the passage of vessels through the canal without the not only against the competition of the worl 1\Ir. STO~XE. That is very important. Mr. BRI STOW. If the Senator from New Jersey will read l\fr. LODGE. And our vessels will be required to pay tolls the italics b eginni~ in line 25, on page 6, and on do\'irn to in the canal we built and which is ours. We own the zone and line 14, on page 7, he will see that the provi ion of which he we govern it, and we will be paying tolls while the other ves speaks is contained in the italics. sels of foreian powers will be passing through our canal with l\fr. .M.ARTI1'.~ of New Jersey. I now notice that. I did their tolls paid. Our \es els will be under a burden of taxa not at first grasp it. I thank the Senator from Kansas. That tion put by our own Government upon them against all the entirely meets with my approbation. rest of the ve el of the world. There may be a difference of l\fr. LODGEJ. Mr. President, there is no relation between a method as to getting rid of that, but I say it would be a dis subvent.Wn and these tolls. They are perfectly distinguished grace if the Government actually ta.~ed our own ships and in. the French contract, which I ha1e read, and which I wlil allowe The eighteenth article of that treaty provides: ing through the canal free, but likewise protests against our The canal, when constructed, and the entrances theteto shall be neu Government reimbursing them? tral in perpetuity, and shall be opened upon the terms provided for by section 1 of article 3 of, and in conformity with all the stipulations of, l\lr. LODGE. So I understand from the published statement. the treaty entered into by the Governments of the United States and I have not seen the original. Great Britain on November 18, 1901. . Mr. GALLINGER. It is a most extraordinary position in That is the Hay-Pauncefote treaty. So we take all the rights view of what is happening at Suez. we have on the Isthmus expressly under· a trust to observe in 1\fr. LODGE. Of course it is. E>cry nation that pays the respect thereto the provi ions of the Hay-Pauncefote treaty. tolls of a vessel going through the Suez Canal, of course, de And, sir, I know of no higher rule of ethics or of interest than stroys a~ once the equality which is pledged under the agree that which requires nations to observe the good faith of treaties. ment with the Khedive, the original contract between De Mr. LODGE. 1\1r. President, it all goes back to the Hay Lesseps and the Khedive, and the subsequent firman of the Pauncefote treaty. I was aware, of course, of the treaty with Sultan. Panama. I do not think it adds anything to the force of the 1\lr. Sl\IITH of Georgia. I wish to ask t.he Senator from Hay-Pauncerote treaty. .Massachusetts if he does not recognize the fact that the House. Mr. ROOT. I referred to it as showing that whatever the provisfon, by simply applying to coastwise >essels, does not Ilay-Pauncefote treaty binds us to we are still bound by. We offer a distinction between our -,essels and foreign ,es el . hav can not escape from the provisions of that treaty. ~g in vie~, of course, the further fact that any ves el at any Mr. LODGE. That is not to be disputed. time admitted to the coastwise trade would fall within the Mr. ROOT. It has not been disputed. same provision? The policy of this Go>ernment being to ex ·Mr. LODGE. I certainly did not intend to dispute it: I was clude. all but ~<\.m. erican \essels from doing coastwise trade, not aware that I had disputed it. But I do say that the pro Am.erican \essels alone would ha>e the privilege; but if that visions of the Hay-Pauncefote treaty in regard to the equality pollcy were changed, then the vessels of other counh·ies uer of tolls is open to more than one interpretation. I think it is mitted to enter our coastwise trade would be admitted to -the a clause of doubtful interpretation. My own opinion has been canal free of toll. clear from the beginning. But I do not want, as I said the In this connection I wish to mention the fact that the Su first day I spoke upon this matter, to put the United States preme Court in the Galveston case, to which I en.Deel attention in an attitude where its action can be questioned-where its the other day, held that the Clayton-Bulwer treaty, requjring good faith can be questioned-by any nation on earth. no distinction between our own vessels and foreign vessel"l, WflS That is the reason I am unwilling to vote for the exemption not violated by discriminations general1y in favor of coastwise from tolls for American -,essels. I see no other way of meeting ves~els. it except by the Government paying the tolls into its own Mr. LODGE. In that connection, I have secured the facts in Treasury. It is n-0t a subvention. The vessel gets nothing; it regard to the coastin00 trade of other countries, and the coast goes free. That conforms to the letter of the treaty, as I was ing trade is resen·ed like ours, unless reciprocal arrangements about to say a few moments ago. - are made, in all countries except Great Britain and Turkey, I resent, as I said before, this attempt to go behind the treaty where it is open to foreign vessels, except to foreign steam pas and asking, " Where did the vessel get the money?" If France sage boats. It is partially reserved there. So the reserv:ition comes over here and chooses to pay the tolls on her vessels, of the coasting trade by the United States is not unusual. I or England, or any other country, it would be mere imperti will ask to ha-v-e this printed. nence to inquire where the money came from and to say, "You The PRESIDENT pro tempore. Without objection, the mat can not pay the tolls for your own ships." At the same time ter referred to by the Senator from Massachusetts will be it produces the case which I , described in answer to the printed in the RECORD. Senator from Missouri-there is no escape from it-where it The matter referred to is as follows: .will end that in our own canal, built by us-and what we got Statement submitted on June 17, 1902. by the British foreign, office. with from Great Britain in giving up the Clayton-Bulwer treaty additions supplied by the board of trade, to the select committee of uid not amount to a snap of your finger. Great Britain gave the House of Commons on steamship subsidies. up nothing ; the treaty was worthless; there was nothing left ST.ATEllENT OF COASTING TRADE OF V .A.lUOUS FOREIGN COUNTRIES, of it-- • WHETHER RESERVED OR OPEN TO GREAT BRITAIN. l\fr. BRISTOW. l\lr. President-- AUSTRIA-HUNG.A.RY. The PRESIDENT pro tempore. Does the Senator from Massa-. Treaty, article 2, April 20, 18G8: National treatment, a so open to certain colonies. chusetts vield to the Senator from Kansas? BELGIUM. 1\Ir. LODGE. I do. Treaty, article 11, July 23, 1862: Coasting trade reserved. (Treaty Mr. BRISTOW. Great Britain makes the same . protest expired, but system in force continued by exchange of notes of July against the proposition made in the amendment suggested by 27, 1898.) the Senator from Massachusetts. BOLI\I.A.. Mr. LO~GE. I am aware of that. Treaty, article 2, September 29, 1840: Coasting trade reserved. (Bo Mr. BRISTOW. Then, is it not better for us to meet this livia at present has no seaboard.) proposition squarely on the ground that England has no busi DR.A.ZIL. ness to interfere with our own canal? We are not evading the Constitution, 3, 13: Coasting trade reserved. controversy. BULGARIA. Mr. LODGE. The Senator will excuse me. If we pay the Arrangement, July 12-24, 1 97: Coasting trade to British vessels toll, that is purely a domestic question, and no nation can take during arrangement of July 12-24, 1897. cognizance of the question. CHILE. Mr. BRISTOW. Is it any more of a domestic matter than if Convention, article l, May 10, 1852: Coasting trade reserved by we exempt our own vessels from the tolls which we ourselves treaty, but now foreign ships engage in the trade. (See Sir B. Cusack Smith's telegram 1, commercial, June 29, 1901 : British ships engage in would collect? coasting trade without restriction.) Mr. LODGE. We say in the Hay-Pa'1.mcefote treaty that the CHI:N"A. • . tolls shall be equal. The dispute arises on the words " all na 1863, etc.: Coasting trade between open ports opened by treaty, tions "-whether the term "all nations" governs us when we COLOMBIA. are making a treaty, or whether it does not. But it applies Treaty, article 9, February 16, 1866: Coasting trade reserved. only to tolls, and nothing else. If the tolls are equa1, there is COST.A RIC.A.. nothing more under the treaty that anyone is pledged to. Treaty, article 2. November 27, 1849 : Coasting trade reserved. Mr. BRISTOW. But England, in the note, makes protest DE~MAilK. against either way. .Why not meet the controversy in a direct Law, April 14, 1868 : Coasting trade allowed by reciprocity in Den way, and refuse to arbitrate? I think it is preposterous to mark. have European nations pass upon the question what we shall Law,__ April 17, 1868 : Coasting trade allowed in case of Iceland and collect as tons upon our vessels passing through the canal which Faroe 1-slands by reciprocity. we llave built. DOMINICAN REPUBLIC. Decree, December 30, 1858 : Coasting trade reserved except at certain Mr. GALLINGER. .!\fr. President-- ports. The PRESIDENT pro tempore. Does the S~n~tor from EGYPT. Massachusetts yield to the Senator from New Hampshire? Convention, article 5, October 29, 1889: Coasting trade reser>ed. J\lr. LODGE. I do. ECUADOR. l\Ir. GALLINGER. I have not had the privilege of reading ?1~~~~)g trade open to foreign vessels. (Mr. Lawrence, No. 8, Sept. the note of the British Government. I want to ask the Senator 22 if I am correct in assuming-and I gather it from discussions FINL.AND. here-that England not only protested against our ships ~ass- (No information in library.) Probably covered by Russia. 1912. CONGRESSIONAL -RECORD-SENATE.1 10301 FRANCE. ·-those few American yessels engaged in the foreign trade. The Treaty, article 9, February 28, 1882 : Coasting trade reserved. language of the treaty is " all ves els." There is no distinc Note, December 28, 1898 : Coasting trade, Madagascar, l ~ft open. tion drawn in the treaty between what trade one vessel is GERl\IANY. engaged in and what another is. - Law, May 22, 1881: Coasting trade reserved except where granted by treaty. The canal shall be free and open, in time of war as in time of peace, Law, May 11, 1898: Most favored nation treatment. to t~e vessels of commerce and war of all nations. Decree, December 29, 1881 : Opened to British vessels sub~ect to Mr. SMITH of Geotgia. On equal terms. reciprocity. l\fr. LODGE. "On terms of entire equality." GREECE. Treaty, article 7, November 10, 1886: Reciprocal national treatment. Mr. SMITH of Georgia. "On terms .of entire equality." Mr. LODGE. "So that there shall be no discrimination GUATEMALA. . See treaty, article 2, February 20, 1849: Coasting trade res-erved. against any nation or its citizens or subjects in respect of the .(Treaty has expired.) , conditions or charges of traffic, or otherwise." HO~l>URAS. Mr. SMITH of Georgia. Would it be any discrimination Treaty, article 3, January 21, ;J..887 : "Vessels of both countries placed against any other nation for us to carry the House proyision, on national footing in every respect. 1 that the coastwL~ vessels should pass through free? It would ITALY. be no discrimination against any nation, because the coastwise Law, article 15, "December 6, 1885: Coasting trade reserved. trade is a matter of domestic policy, and we have already de- .TA.PAN. termined that it shall be done alone by our vessels. · Treaty, July 16, 1894 : Coasting trade between open ports to British ves els during treaty. Mr. LODGE. It would be a discrimination against the MEXICO. Canadian traffic, which is at the bottom of this wllo1e difficulty Treaty, articles 2 and 4, November 27, 1888: Most favored nation that has been raised, through the canal from one CanadJan port treatment. (Coasting trade not mentioned, but, as a fact, foreign ves to another. You give the advantage to th& American coasting sels do participate.) trade, which can take at Portland or Boston or any near point JllOROCCO. 1 Treaty, article 8, December 9, 1856: Coasting trade allowed. to the Canadian frontier, through goods, sent under bond, and carry them through the canal and land them at a point on our NICARAGUA. Dpcn to British vessels. (See Mr. Corbett's No. 9, of Aug. 11, 1872.) western coast, where they can again go under bond to Van couver; and thereby the American coasting trade is at one~ PARAGUAY. Protocol, October 16, 1884: Coasting trade opened. given, by being free of tolls, an ad:vantnge as against the Cana dian trade. That is the bottom of all this trouble. PERU. Decree, August 31, 1886 : Coasting trade reserved. (But see Mr. l\Ir. BRANDEGEE. Will the Senator from Massachusetts Beauclerk's telegram of June 30, 1901 : Coasting trade allowed to steam yield to i:pe? ers obtaining Government authority.) Mr. LODGE. Yes. PORTUGAL. Mr. BRANDEGEE. Article 2 of the Hay-Pauncefote treaty Decree, April 31, 1895 : Coasting trade reserved. not only provides that it shall be on terms of entire equality as POR'.rUGAL ( COLO~IES). to tons, but provides that- Decree, October 21, 1880 : Coasting trade of Macao and Timor and between those ports and ports of the Portuguese colonies opened to There shall be no discrimination against any nation, or its citizens foreign vessels. or subjects, in respect to the conditions or charges of traffic or other- Decree, August 18, 1881 : Coasting trade between ports of Portuguese wise. transmarine provinces and of Guinea, St. Thomas, and Principe opened to foreign vessels. Now, it seems to me that if we are bound by that treaty, if Law, April 16, 1885: Coasting trade between Portugal and the trans the treaty applies to ns, it is a discrimination for us to attempt marine provinces to the east of Cape Good Hope (Mozambique, India, to exempt our coastwise vessels from tolls, in this sense : A Macao, and Timor) opened to foreign vessels. Law, April 16, 1885: Coasting trade, Portugal and adjacent islands British yessel, from Liverpool via the canal to San Francisco, and Portuguese West Africa reserved. has to pay the ·tolls, while an American >essel from San Fran Dec1·ee, December 29, 1892: Mozambique coasting trade thrown open. cisco to New York, going via the canal, does not have to pay (Mozambique tariff, art. 14.) Decree, April 30, 1895 : Coasting trade Portuguese ports a.nd Madeira any tolls. If Great Britain has a market in San Francisco, we opened. are able to have just that much preference in the retail prices RUSSIA. or the wholesale prices there by the fact that our yessels go Treaty; article 8, January 12, 1859 : Coasting trade reserved. (Trade through the canal free, while theirs are charged, and it might between Russia and her far eastern possessions reserved. Law of 1897 operating f:rom ;ranuary, moo.) result, if the margin was close enough, in transferring the trade SPAL'f. from old England to New England. Decree, article 26, November 17, 1852: Coasting trade reserved. Mr. GALLINGER. Those tolls are paid by Great Britain. SWEDEN. Mr. BRA.NDEGl!IB. What does that matter? Proclamation, Augl!st 15, 1854 : Coasting trade opened to British l\fr. LODGE. Under those circumstances one vessel could vessels. be run profitably and another could not. NORWAY. (No information in library.) Mr. BRANDEGEE. Of course, foreign vessels are subsidized; TURKEY. and the Senator from New Hampshire says the remission of the Coasting trade open to foreign vessels (except to foreign steam pas tolls would put them upon equal terms. sage boats). l\1r. LODGE. The Senator from New Hampshire did not say UNITED STATES. anything like that He objected to putting an additional Coasting trade reserved to United States ships. burden upon. them. UltUGUAY. Mr. GALLINGER. That is right. Treaty, article 3, November 13, 1885 : Coasting trade reserved. Ur. PAGE. I should like to ask the Senator from :Massa \E~EZUELA. chusetts if, in his opinion. it would be a discrimination if we Decree, February· 20, 1871: Coasting trade reserved.· should sa:v that vessels running from the coast of Africa l\lr. SMITH of Georgia. Can we not plant ourselyes upon the through the Panama Canal should pay $1 per ton and all vessels proposition that permitting free passage to coastwise vessels from Europe $2 per ton? would in no sense be a discrimination against vessels of other Mr. LODGE. Obviously, that would be a discrimination. countries? Mr. PAGE. But not a discrimination between nations. Mr. LODGE. That distinction I am unable to make. There Mr. LODGE. Does the Senator mean to make it apply tu is a distinction in the practical importance of it which was all nations alike? drawn by the London newspapers, which stated at the begin l\fr. PAGE. All nations. ning of this matter-I had the quotations here the other day -Mr. LODGE. That would not be a discrimination. but I have mislaid them-that they had no objection to th~ Mr. PAGID. It would not? Then why would it be a dis~ coasting trade going through the canal free, because Great crimination between nations to say -that- no tolls shall be Britain could not enter it and could not compete with us at any charged upon vessels engaged in the coastiyise trade of the rate; but as a matter of principle under that treaty I do not United States? We do not say we will charge a British or an see that the coastwise trade differentiates it from a vessel in American yessel more or less-it is true we have a law which the foreign trade. says that a British ship shall not engage in the coastwise Mr. SMITH of Georgia. Would it not be more entirely free trad~but if we are to beat the devil around the stump, it from criticism than to require all to pay and at once take the seems to me that would be the better way to get at it. money and hand it back to them? . Mr. LODGE. I can not draw any distinction between l\fr. LODGID. I do not know how about the criticism, but if American vessels engaged in the coastwise trade and those in we let through American coasting vessels, there is no reason, foreign_ commerce. They are all alike, it seems to me, to come as far as the treaty is concerned, why we should not let through . under the first clause of article 3. · The doubtful question is ·~ 10302 :CONGRESSIONAL RECORD-SEN ATE. AUGUST 6,- whether in making that treaty when the United States said, Mr. REED. Mr. President-- "of all nations," the United States intended to inclpde itself. Mr. LODGE. Very well, that is for each Senator to decide That is the whole question there. Some of us believe that it for himself. I yield to the Senator from Missouri. did not and some of us believe that it did. Mr. REED. Can the Senator conceive of a discrimination l\Ir. SIMMONS. Mr. President-- against a man or a nation unless some right or privilege to The PRESIDENT pro tempore. Does the Senator from which that nation is entitled or to which that man is entitled Massachusetts yield to the Senator from North Carolina? is taken away? l\fr. LODGE. Certainly. Mr.· LODGE. That is rather a large que~tion. To conceive l\Ir. SDIUONS. I understood the Senator from Massachu of such a case I think you would have to postulate what the setts to say that in his mind there was but little doubt that the Senator says, that some right our country is entitled to is taken other maritime nations would pay the toll of their ship8 away, to constitute the discrimination. through the canal. · l\1r. REED. Applying that, we have agreed, according to one Mr. LODGE. Other foreign nations. construction, not to discriminate against the commerce or Mr. SIMMONS. That is what I mean-other foreign nations; shipping of Great Britain, but if Great Britain has no rights in and it would put American shipping on a great disadvantage our coastwise trade then how is it discriminated against when if our Yessels ha-ve to pay toll. we permit that trade in which it has no right, which it can not l\fr. LODGE. Yes; unless we pay their tolls or let them go engage in at all, to go through the canal without charge? through free. l\Ir. LODGE. Assuming, of cour~, as yo·u must, that the inter Mr. snn.roxs. In that conditions of things, bringing about pretation is correct-that is, for the Senator's proposition-we this discrimin:!tion against American shipping in favor of for will assume that the view is correct that we have not the right eign shipping passing through the canal, if it were not for our to discriminate in tolls. I think giving it to the coa.stwise trade treaty obligations the Senator would think that we ought to of America is discriminating in favor of the whole coastwise allow our vessels to go through free? trade of America as against a portion of the h·ade of the British l\Ir. LODGE. Certainly. Dominion. I do not thinlc the fact that it is given to an entire Mr. SIMMONS. The Senator's second proposition, as I un trade, an entire merchant marine or coastwise traffic, alters the derstood him, was that the treaty is subject to more than one discrimination. construction. Under one construction we would not have the l\Ir. REED. Let me state it in the concrete. No yessel can right to relieve our vessels of tolls and under another construc engage in the coastwisc trade of the United States except a tion we would have the right to relieve our vessels of tolls. vessel registered as an American vessel. When we Jet- that Mr. LODGE. That is correct. vessel go through without paying any tolls we do not discrimi Mr. SI lM:O ... ·s. Now, the proper and legitimate legal con- nate against any British vessel engaged in the coastwise trade, struction is a matter of doubt. • for there can be no such vessel. Mr. LODGE. Yes. l\fr. LODGE. No; but we disc1iminate against a ves~l en l\fr. SDI.MONS. Shall we solve that question of doubt in the gaged in another trs-tde. interest of American commerce to relieve it of this discrimina tion or shall we sol\e it against American commerce and im l\Ir. REED. We simply permit a vessel to go through free pose this discrimination? when Great Britain can not huve such a vessel and can not Mr. LODGE. The doubt certainly ought to be solved in favor engage in such a trade. The Senator speaks of the Canadian of American commerce but the moment you solve that doubt in trade; that is to say, a vessel could leave a port of Canada on favor of Americau commerce you are obliged to go to The the Atlantic coast, go through the canal, and land its goods at Hague, as is requireu under our treaties of arbitration. a Pacific Canadian point; but our coastwise ve els could not Mr. SIMMONS. That is the question. do that. They could not compete with Canada for that trade, Mr. LODGE. In other words, we can not solve the doubt. and if they did carry that trade they would not be permitted, It has to be solved elsewhere. • under the bill as it is now proposed, to go through the canal at all unless they paid the tolls. The minute they go into com Mr. SIMMONS. But if there is a doubt we ha·rn to solve it petition with the Canadian h·ade and haul Canaclia.n goods they h ere against ourselves or we have t~ solve it for ourselves and takP, tlle chances. of The Hague tribunal. are not engaged in our coastwise trade, but they are engaged l\Ir. LODGE. Certainly. in a general shipping business. Is not that correct? l\Ir. SIM:l\ION S. The question I ask is, Does the Senator hpld l\fr. LODGE. They may take Canadian goods at any of our that we should solve that doubt as tp the proper construction ports where Canadian goods are put in bond and be in the coast of the treaty against American shipping interests, or should we wise trade. They can compete with Canadian vessels, of course. solve that doubt in favor of American shipping interests? Mr. REED. Do I understand the Senator to say that our Yes Mr. LODGE. l\Ir. President, I do not think that I favor mak sels engaged in our coastwise trade would be permitted, under ing a test case, because, as I said, there is a possibility of get the bill as it is now proposed, to go to Canada and load? l\Ir. LODGE. Ko; they can take Canadian goods at American ting but one decision from a tribunal where the judges will be ports. furnished from nations whose interest it is to pay tolls on their own ships and force us to collect tolls from ours. There is Mr. REED. Goods that had already been shipped into our no use in going to a h·ibunal constructed in that way, but, un country? fortunately, we are supposed to go to it under another treaty l\1r. LODGE. Coming in under bond. Just the same, the com for the promotion of peace and good feeling, and if we are petition is there. There is no ·mistake about it. It is just as forced to go there we shall find oursel.-es in the position of hav direct competition as could possibly be devised. ing to exact tolls from our own vessels, and there will also be Mr. REED. It seems to me that when the goods get into an the imputation .that we have not acted in good faith. To that American port and are then taken by an American vessel en I do not care to expose the country. <>'a <>'ed in the coastwise trade it becomes American coastwise Mr. Sll\fMONS. Then the Senator would solve the doubt tr;de. We come back to the technical point again. You are about this-matter against American shipping? not taking away from England any right or making a discrimi l\Ir. LODGE. No; I should not. nation against a.n English vessel, because you are not taking l\Ir. Sil\IMOXS. How are you going to get to The Hague? away from that vessel any right which it can enjoy under the Mr. LODGE. I should simply do as other nations. I should law. take the tolls and pay them or remit them as they go through, l\fr. LODGE. The discrimination in competition seemed "lery takin..,. the tolls of the vessels at one end and handing it back a t clear to me and \ery direct. I think they feel it very much in the other end~ or whate1er way you choose. It is what every Canada. other nation on earth will do for its vessels except ours. Mr. BRAl,TDEGEE. Mr. President-- l\Ir. Sll\I~IONS . That solves ·the doubt against us, I think. Mr. LODGE. I yield to the Senator from Connecticut. Mr. LODGE. How? It would _not cost the Govel'nment a cent any more than a free vessel, but of course I understand EX~CUTIVE SESSION. how profound the terror is that in some way the Government of Mr. BR.Aj\T))EGEE. We have been here since 10 o'clock thiH this country may help what remains of American shipping. I morning. I move that the Senate proceed to the consideration have not been here all these years without learning that. of executi\e bu iness. Mr. SIUl\fONS. The Senator certainly does not understand The motion was agr~ed to, and the Sep.ate proceeded to the me as desiring to do anything against American shipping. I consideration of executi\e business. After eight minutes spent want to sol1e it by letting these vessels go through free, and if in executive session the doors were reopened, and (at G o'clock that makes a case for The Hague tribunal .I can not help it, so and 20 minutes p. m.) the Senate adjourned until tD-morrow, far as my vote is concerned. . Wednesday, August 7, 1012, at 10 o'clock a.· m. · 1912. .OONGRESSION AL RECORD- HOUSE. ~ 1 0303 NOMINATIONS. WISCONSIN. 1JJa:ecutive norninat.ions received by the Senate .A.ugiist 6, 1912. Fred W. Kubasta to be postmaster at Merrill, Wis., in place ' APPOINTMENTS IN THE ARMY. of Christian N. Johnson. Incumbent's commission expired J une 1, 1910. GENERAL OFFICER. Col. Edgar z. Steever, Fourth Cavalry, to be brigadier gen· eral from August 5, 1912, vice Brig. Gen. George F. Chase, CONFIRMATIONS. retired from active service July 29, 1912. Executive nominations confirrned by th.e Senate A1.lgitst 6, 1912. ADJUTANT GENERA.L'S DEPARTMENT. UNITED STATES DISTRICT JUDGE. Col. George Andrews, adjutant general, to be The Adjutant Arthur J . Tuttle to be United States district judge for the General with the rank of brigadier general for the period of eastern district of Michjgan. four years beginning August 5, 1912, vice Brig. Gen. William P. UNITED STATES ATTORNEY. Hall, retired from active service June 11, 1912. Clyde I. Webster to be United States attorney for the eastern CAVALRY ARM. district of l\fichiga,n. To be colonels. PROMOTION IN THE PUBLIC HEALTH AND MARINE-HOSPITAL Lieut. Col. Horatio G. Sickel, Twel:f'.th Cavalry, to be colonel SERVICE. from July 30, 1912. Grover A. Kempf to be assistant surgeon. Lieut. Col. Herbert J. Slocum, Cavalry, unassigned, to be POSTMASTERS. colonel from August 2, 1912.• ILLINOIS. APPOINTMENTS, BY TRANSFER, IN THE ARMY. John l\lurvin, Louisville. Second Lieut. 1\fax Stanley l\Iurray, Coast Artillery Corps, MARYLAND. to be second lieutenant of Infantry, with rank from June 12, 1912. Frank T. Buckingham, Woodbine. Second Lieut. Earl Barlow Hochwalt, Sixth Infantry, to be Robert R. Walker, Easton. second lieutenant in the Coast Artillery Corps, with rank from MISSOURI. June 12, 1912. Dwight L . Bishop, Garden City. PROMOTIONS IN THE ARMY, John T. Farmer, Atlanta. CAVALRY ARM. Chester R. Peck, Malden. Lieut. Col. William D. Beach, Cavalry, unassigned, to be Jacob W. Schempp, Appleton City. colonel from July 30, 1912, vice Col. Henry P. Kingsbury, un- · MONTANA. assigned, detailed ns Inspector General on that date. . Benjamin Urner, Harlowton. Lieut. Col. William A. Shunk, Cavalry, unassigned, to be NEW YORK.. colonel from August 2, 1912, vice Col. George H. G. Gale, unas signed, detached from his proper command. Alfred Cox, Hawthorrle. Maj. Thomas B. Dugan, Fourth Cavalry, to be lieutenant John H . Odell, Ardsley. colonel from July 30, 1912, vice Lieut. Col. Harry C. Benson, OHIO. Fifth Cavalry, detached from his proper command. Charles E. Bake, College Corner. l\faj. John B. McDonald, Fifteenth Cavalry, to be lieutenant SOUTH CAROLIN A. colonel from August 2, 1912, vice Lieut. Col. William A. Shunk, Henry W. Des Portes, Ridgeway. unassigned, promoted. Capt. Michael 1\f. McNrunee, Fifteenth Cavalry, to be major VIRGINIA . from July 30, 1912, vice Maj. Thomas B. Dugan, Fourth Cavalry, Richard R. Farr, Fairfax. promoted. . Capt. Ralph Harrison, Cavalry, detailed qnartermaster, to be WITHDRAWAL. major from August 2, 1912, vice l\Iaj. John B. McDonald, Fif Executive nomination ioithdraivn August 6, 19112. teenth Cavalry, promoted. .. ]'irst Lieut. Frederick J. Herman, Ninth Cavalry, to be cap Lawrence 0. Wines to be postmaster at Maywood, in the tain from July 30~ 1912, vice Capt. Michael M. McNamee, Fif State of Illinois. teenth Cavalry, promoted. FIELD ARTILLERY ARM. HOUSE OF REPRESENTATIVES. Second Lieut. Wilbur Rogers, Fourth Field Artillery, to be first lieutenant from July 31, 1912, vice First Lieut. Donald C. TUESDAY, August 6, 1912. Cubbison, First Field Artillery, detached from his proper com The House met at 12 o'clock noon. mand. The Chaplain, Rev. Henry N. Couden, D. D., offered the fol COAST ARTILLERY CORPS. lowing prayer : Lieut Col. Willoughby Walke, Coast ArtilJery Corps, to be 0 Thou Great Spirit, Father Soul, ever susceptible to the colonel from August 3, 1912, vice Col. William H. Coffin, who wants of Thy children and always responsive to those who seek died August 2, 1912. Thee in faith and confidence, take away from us all guile; pour PROMOTIONS IN THE NAVY. down upon us Thy spiritual gifts; and grant us every blessing, in Jesus Christ, our Lord, that Thy kingdom may come and Thy Lieut. Stafford H. R. Doyle to be a lieutenant commander in will be done in all our hearts. Let Thy blessing be upon all who the Navy from the 1st day of July, 1912, to fill a vacancy. Lieut. (Juillor Grade) Matthias E. Manly to be a lieutenant are in sorrow. Comfort, we beseech 'Thee, the wife of our Presi in the Navy from the 1st day of July, 1912, to fill a vacancy. dent who mourns the loss of her distinguished father. Grant Ensign Emory F . Clement to be a lieutenant (junior grade) that she and all those who mourn with her may be comforted in tlle Navy from the 7th day of June, 1912, upon the completion in the blessed hope of Him who said, " I am the Resurrection of three years' service as an ensign. and the Life." And to Thee we will ascribe all praise now and William C. l\facCrone, a citizen of Michigan, to be a second evermore. Afuen. · lieutenant in the l\Iarine Corps from the 12th day of July, 191'2, The Journal of the proceedings of yesterday was read and to fill a vacancy. approved. POSTMASTERS. MESSAGE FROM THE SENATE. ILLINOIS. A message from the Senate, by l\fr. Crockett, one of its clerks. Harry H. Nichols to be postmaster at Maywood, Ill., in place announced that the Senate had passed with amendments bill of Harrison P . Nichols, deceased. of the following title, in which the concurrence of the House of Representatives was requested : MISSOURI. H. R. 24121. An act to pay certain employees of the Govern Henry Oehler to be postmaster at Bismarck, Mo., in piace of ment for injuries received while in the discharge of their duties, Stephen D. Bryan. Incumbent's commission expired March 10, and other claims. 1912. . The message also announced that the Senate had passed with NEW MEXICO. out amendment bill of the following title : . N. Faustin Gallegos to· be postmaster at Clayton, N. l\le.x., in H . R . 21888. An act providing for the sale of the United place of Robert E. Wherritt. (Admission of Territory as State.) States unused post-office site at Perth Amboy, N. J .