13046 CONGR'ESSIONAL !RECORD-SENATE. SEPTEMBER 21, co k County, Miss.; to too Committee oil Public Build~ngs and SENATE. Griound . By :\Ir. HULL: Joint resolution (H. J . Re . 383) authorizing TmmsDAY, September 21, 1922. the 'ecretary of War t-0 sell or I-ease the various G-Overnment­ The Chaplain, Rev. J. J. Muir, D., offered the fol1owing -o ' ned properti · a r near M11 cle. hoals, Ala., and ·so f~rth; n to tbe Committee on l\Iilitary Affairs. p1~ayer: 0 Lord, Thou art lov-e and Ufe to multitu

O'lla1ley; to the OolllIDittee on Claim . Mr. 1 CURTIS. _:Mr. President, I suggest the absence of a ALo, ,a !Jill (H.. R. 12763) for the relief of Sa.rah W. Phip- quorum. pany; to the Committee on Claims. The PRESIDENT pro tempore. The Secretary will call the w By Mr. KLI IE of N York; A bill (H. R. 12766) for the roll. 1 Telief of Lieut. Oornmander Jerome E. Mor , United States The Assistant Secretary called the roll, and the following Nm·y, retired; to the Committee on Naval Aff ·rs. Senators answered to their names: Br 1\J r . .. EAD: A bill {H. Il. 12767) gr.an.ting fill increase Borah Frelingbuy en Mccumber Reed, Pa.. of pension to William A.. WUlia.ms; to the Committee on Pen- Brandegee Gerry McKellar 'Sheppard · Erou ~ a.rd Glass Mc.Lean Shield s:ons. Calder Gooding l\lc..."iary Shortridge Al o, a bill {H. R 127GS) granting n pension to Micha.el Bitt- Cameron Hale Mose Simmons ner; to the ommittee on In•alid Pen. ions. Capper Harreld Nel ·on IDl)Qt By Mr. l\IORGAN: A biU (H. R. 12769) granting an incre~se ~iten;on ~~~I:on ~~:berry ~f!~1t~d of p l ion to Margaret E. Fobes; to the Oommittee on Invalid Cummins Jones, wash. Kichol on Swan.son Pen ions. ' Curtis Kellogg Norbeck Townsend Ily Mr. PURNELL; A bill (H. R. 12770) for the relief of .Dial Keyes Oddie Underwood Dillingham King Owen alsh, Ma ·Michael l\Iarler; to the Committee on 'Military Affair . du Pont La Follette Pepper Warren AJs0~ a bill (H. R. 12771) granting a pen ion to Ra.ch.el E. Ernst Lenroot Phipps Watson, Ind. Diehl; to the Committee on Invalid Pensions. Fletcher Lodge Ran dell WUliams By fr .. S HAW: A. bill (H. R. 12772) grnnting :a pen ion to France McCormick Raw on Ila ·Itel Slnten; to the Committee ·on Invalid Pensions. The PRESIDENT pro tempore. Sixty-three Senators hav.. Al o, a bill ( H. R. 12773) granting an incrrose of pension, to ing an wered to their names, there is a quorum present. An

On yesterday I haen to maintain ' Near East ~ation bill, ancl referring to tlle RECORD, near the bottom of relief' fqnds to. save such remna.nts as might have escaped the sword. page 13047. I :aill: TIME FOR ACTIO~ HERE. I read from the Cincinnati Enquirer, from the issue of Satu:day "The time has come for our Nation to act.. ls there no >Oice to be morning, Octolier ~o. 19::!0, omitting the headline , be-cause ometlDles rai ed in Congress in defense of the outraged people? Is there no in journalism the t ext ting express their inilignation at the latest horrible outbreak of thi country ill t ime of peace, and in case war should come-­ Turkish ferocity at Smvrna., aftP.r all but one of countless such which have urought unspeakable horrors on Christian peoplei and which have and we hope it never will---1:his country will be prepared both een permittellIVll TGRK OF A, Y PoWER U PRO'l.>ECTIXG A HUGE INVESTllJilKT. ASIA ML' OR, HE 'AYS. It ls costing the GoTernment about $4,000,000 ernry month­ Calling upon the American people to take some action to stop th~ " holocaust o.f bate" of the Turk: against Christian men, women, and one-fourth the amount being paid when the present administra­ cbildrt-n in tbP ~ear East, Rev. C. DeW. Brower delivered a sermon on tion took otfice-te guard, keep in repair, and otherwise protect the "Relea se of Power" at the Fir ·t Congregational Church yesterday the interests involvery in. ti net of humanity has demande 84>en the great nations keepi.ng to the Government from the surplus over the given earning~ of th Turkish Empire, the devil's own, alive and letting it :flourish and carry on its work because of the jealousy of those great nations. The the ships under private enterprise, for the mTners retain cmly fear that one might pos ·ess Constantinople, that some highway to the those earnings below a definite percentage. East might pass to another, the holding of Turkish. bonds, has per­ mitted the world's chief shame to go on unrebuked. England co11ld There, of course, remaint:; the unthinkable alternative of ~11- have prevented these shames. France, wit.h some mandate over the ing the ship. for whatever they will bring and throwincr the country, could do 1'0. l'ut equalizing as istance, private enterprise could not Government be able to market the ships (since the subsidy operate them in competition with foreign vessels. would make it po. sible for private capital to operate them The payment of money in subsidies of the money now spent profitably in competition with foreign ships) but also would on maintenance would put them to work in peace time and the b.uilding of the new vessels of the heavy tonnage, rapid make them an arm of national defense in war. transit type, be encouraged. How could the matter be put more conclusively than by stat­ The merchant marine bill offers a aving in taxation to the ing the mere facts? public; an opportunity for the country to widen its foreign How can intelligent and patriotic Americans fail to realize markets and to buiJd up a naval auxiliary to protect us in the meaning and the duty invoh·ed in those facts? time of war. It de erve the support of the country, and hould be paf?Setl by Congre . . Landlubber and eafaring citizens [From the New Albany (Ind.) Tribune, August 3, 1922.J alike should indor e it. SHIP SUBSIDY A NAVAL BILL.

How large is this ship subsidy against which the self-ap­ [From the Successful ~armer, Des Moines, Iowa, September 1, 1922.) pointed watchdogs of the Trea ury rail? THE MERCHANT MARINE. A typical 5,000-ton ship will be paid a sub idy of 25 cents a mile, not much more than the e:x:pen e of operating an automo­ A vast amount of propagand~ on both sides of the ship sub­ bile, all costs considered. sidy question has :flooded the editorial offices of the country. E"Ven when our merchant :fleet is supplemented by the con­ It would take nearly all of a,n editor's time to read it all, and struction of passenger vessels and at last we have a balanced when he was through he would discover that most of it has merchant marine of 7,500,000 gross ton -e\en then the sub­ been chasing around in a circle, getting nowhere so far as sicly will amount to only about $30,000,000. That is just one­ new argument i concerned. There has been much misrepre­ fifth of the sa\ing in Federal expenses attained by scrapping sentation of the facts. our battleships in accordance with the naval disarmament A great deal has been said in the past concerning the slip­ treaty. shod manner in which American-made goods have been packed We shall save $150,000,000 annually by not having those ships for overseas shipment. One would think that no one but the operate. English, German, or Japanese shippers knew how to build a By destroyino- our battleships in process of building, in ex­ shipping era te. There was the evidence-the foreign goods change for Britain's de troying blue prints of ships to be built, came through in fine shape, but the American goods were dam­ we equalize our Navy with hers. aged in shipment, due to faulty packing. Naturally foreign Theoretically. Practically we shall not be equal until we buyers preferred to buy where the goods came through the best. haYe a merchant marine approximately equal with her , to be The secret of this is that American goods were shipped in ready to serve as warships and naval auxiliaries in war time, foreign ships, handled by foreign deck and wharf hands, and and in peace time to train a personnel from which the Navy · purpo ely handled so roughly that no shipping crate could can recruit. stand the journey. These same men handled the goods of their The subsidy aims to encourage the construction of such an own countrymen so that they were not damaged. It was a American merchant marine. black eye to American manufacturers. We are taking $30,000,000, one-fifth of · our savings through If we had an American merchant fleet, our goods would naval disarmament, and applying it to strengthen that branch be handled by American seamen and dock hands and receive the of the Navy in which we are weake t. careful handling they deserve. This would end complaint That is the meaning of the ship sub idy bill as a naval meas- against American shipping crates and damaged goods upon ura • receipt in foreign markets. It is perfectly natural that foreign ships should be in no hurry to get American goods into a com­ [From the Chicaao (Ill.) Journal of Commerce, August 16, 1922.J petitive field. Delays in port, on one excuse and another, are PASS THE MERCHANT MARINE BILL. ea ily provided. Where speed is an object to reach a foreign To the landlubber who dwell in the Central We t it may market and only foreign ships are available, it should not be seem that the pending merchant marine legislation has nothing expected that American goods will be rushed in ahead of for­ of importance in it to them. Theirs are the pursuits of the eign goods. Harnan nature controls busine s. land and the factory, and whether the ship that enter and If we had our own ships, we would find a great difference leave American ports fly the American flag or not may, at in the appearance of our good when they arrive in a foreign fir t thought, eem inconsequential. If they consider the effect port, and a great difference in the speed of delivery, which is of· the pre ent railroad strike upon commerce at home, how­ an important factor in competitive bu iness. When the farmer Her,. they may realize :what the lack of an efficient American get into the exporting game through the United States grain merchant marine means to her commerce abroad. - growers this ·wm become apparent. A control of ve el transportation gives to the nation en­ It is costing Uncle Sam about $50,000,000 a year to support joying it a cendency in competition. By manipulating ocean the Go\ernrnent-owned merchant fleet built for war purposes. freights as the varying conditions suggest, that nation can The ubsidy proposed will co t less by several millions, and practically shut a competitor out of any market. Great Britain, private owners will have the worry and upkeep of the :fleet. having an abundance of ve sels, come close to dominating Uncle Sam did not run the railroads with a saving to the foreign trade; America with an adequate amount of shipping, shipper . It was a very costly experiment in transportation. backed up by her unexcelled natural resources and excess Uncle Sam can not run a merchant fleet as cheaply as private manufacturing, can do the same thing. owners can. "More busine._ s in govemment and les govern­ With a market abroad to absorb exces farm and factory ment in business " was the slogan of President Harding when pro

ba1· to our progress on the seas. Free and open competition is S. 2499. An act to supplement and amend the act entitled a motto, not a fact. "An act to in~')rporate the North River Bridge Co. and to The Shipping Board is empowered by Congress to protect the autho1·ize the construction of a bridge and approaches at Xew interests of American ships. It has made a good beginning. York City across the Hudson River, to regulate -commerce in Before 1916 our steamers bad no recourse when forejgn officials and over such bridge between the States of Xew York and )Iew or steamship lines imposed handicaps. :Now we have a body Jersey, and to establish uch bridge a military and post road," which can act effectively, though in doing this it must have the approved July 11, 1890; support of an enlightened and determined public opinion. Such S. ~983. An act to authorize the Secretary of the Interior to a campaign is not anti-British, anti-German, nor antianything. grant extensions of time under permits for the development of It is simply pro-American. underground waters within the State of Nevada, and for other When the conference of British steamship lines refused to purposes; let Ameiican ships participate in the Egyptian cotton trade, S. 3111. An act to authorize the collection in monthly install­ though they were willing to take the business at a much lower ments of indebtedness due the United States by general pris­ cost, the Shipping Board coerced a compromise by means of oners restored to duty, and for other purposes ; a rate war. United States ships now have 50 per cent of that S. 3641. An act to grant a.nd ronfil'm to the State of Flol'ida trade. · title in and to section 16 within the exterior limits of the area The State Department took the right step when it refused patented to the State of Florida April 23, 1903, and for other to reprimand the consuls at Newcastle-on-Tyne without reason­ purposes; able proof that they had exceeded their authority in aiding our S. 3133 . .An act granting the consent of Congress to the city ve els. Unsigned affidavits do not make legal evidence. There of Warren, in the State of Ohio, its successors and a . igns, is ubstantial reason for the belief that competing steamship to construct, maintain, and operate a dam across the 1\Iahoning llne. had a part in that affair. River, in the State of Ohio; When Australia puts higher duties on goods imported in S. 3793. An act to authorize the Gal'y Tube Co. to construct American than in British or Canadian ships, while our hands a bridge across the Grand Calumet River in the State of In­ are tied by the "jellyfish" treaty of 1815 with Great Britain, diana; it is time to look into the situation and to consider the rension S. 3834. .An act to authorize the Chicago, Lake Shore & Ea t­ of that document. ern Railway Co. to construct a bridge aero ·s the Grand Calu­ When British and Japanese stevedores bungle the delivery met River in the State of Indiana; of 400 tons of tea to an American passenger line in the Orient S. 3938. An act granting the consent of Congress to the county and cause a costly delay, the Shipping Board must find the best courts of Lafayette and Ray Counties, in the State of l\Iis ·ouri, method of correcting the trouble. to con truct a bridge across the l\Iissouri River ; and When a British steamship line at a South African port filled S. J. Res. 216. Joint re olution pro-viding for the consent of the e-rery pier with scows a.nd barges on the day the first .Yes el of Congre s of the United States of Amerka to a compact and a new American line was due fair play was thrown to the agreement between the State of Kansas and the State of l\Iis- wind . The consul who forced an opening for the ship on that ouri :r:especting the erection, maintenance, and operation of the occasion deserves the greatest praise. waterworks plant of the cities of Kansas City, Kans., and When the Italian Government imposes conditions on pas en­ Kansas City 1\Io., the taxation thereof, and exercise of eminent ger liners that can hardly be met by any except Italian com­ domain in ·connection therewith by each State. panies, the Shipping Board must assert its protecti-re power. BILLS INT'RODUCED. Since 1850, when American shipping was the equal of any and car1ied its fair share of our trade, the country has spent Bills were introduced, read the first time, and, by unanimous its energy on internal development. We must now turn a la,rger con. ent, the second time, a.nd referred as follows: part of our attention to foreign fields. Ocean transportation By i\lr. ~~WBERRY: under the American flag is a great factor in that development. A bill ( S. 4016) for the erection of a public building in the The purpose of American steamship men and Go-rernment city of Detroit, Mich.; to the Committee on Public Buildings officials is to transport one-half of our commerce in American and Grounds. vessels. We are entitled to that proportion, and neither petty By :i\Ir. :McKELLAR: annoyances nor regulations by alien interests must be allowed - il bill ( S. 4017) for the relief of l\linta Goike; to the Com­ to go unchallenged. mittee on Claims. A bill (S. 4018) granting a pension to James 0. Cardin; to REPORTS OF THE COMMITTEE ON CL.AIMS. the Committee on Pensions. Mr. ER..~ST, from the Committee on Claim. , to which wa By ~lr. KIXG : referred the bill ( S. 107) for the relief of Robert Edgar A. bill ( S. 4019) providing for the transfer of reel am a ti on Zeigler, reported it without amendment and submitted a report projects to the water users under certain conditions, and for ( 1:ro. 925) thereon. other purposes; to the Committee on Public Lands and Sur­ He als_o, from the same committee, to which were referred veys. the fo11owing bills, reported them each with an amendment By 1\Ir. BURSUU: and :ubmitted reports thereon: A. bill ( S. 4020) to provide for a refund to veterans of the A bill ( S. 1511) for the relief of Sophie Caffrey (Rept. :No. World War of certain sums deducted from their pay for allot­ 926); and . ments and insurance and to pay to such veterans an amount A bill (S. 1600) for the relief of Annie McColgan (Rept. equal to the additional allowan"Ce paid civilian employees of the No. 927). Dnited States during such war; to the Committee on Military. Mr. NEW, from the Committee on Claims, to which was re­ Affairs. ferred the bill ( S. 3923) for the relief of the State of New By Mr. :McCORMICK: York, reported it without amendment and submitted a report A bill ( S. 4021) for the relief of Edna Mae Baird ; to the (.No. 928) thereon. Committee on Finance. He also, from the same committee, to which was referred By Mr. llcKELLAR: the bill (S. 3515) for the relief of the New Jer ey Ship­ A bill ( S. 4022) to amend the revenue act of 1921; to the building & Dredging Co., of Bayonne, N. J., reported it with an Committee on Finance. amendment and submitted a report (No. 929). ME SAGE FROM THE HOUSE. ENROLLED BILLS A.ND JOINT RESOLUTION PRESENTED. A. message from the House of Representatives, by Mr. OTer­ Yr. SUTHERLAl'il), from the Committee on Enrolled BHls, hue, its enrolling clerk, announced that the House had pa sed reported that on September 20, 1922, they pre ented to the a joint resolution (H. J. Res. 382) authorizing payment of the President of the United States enrolled bills and a joint reso­ salaries of officers and employees of Congress for September, lution of the following titles: 1922, on the 23d day of said month, in which it requested the S. 2377. An act to authorize the exten ion and widening of concurrence of the Senate. Ninth Street from Longfellow Street NW. to UnderwoOd Street, The message also returned, in compliance with the request ot and Underwood Street from Ninth Street to Georgia Ave­ the Senate the joint resolution (S. J. Res. 215) proriding for nue NW.; reinvestigation of the tricounty irrigation project, Nebra~ka, 2621. S. A.n act authorizing the President to dispose of cer­ with the accompanying paper~. tain aims and ammunition seized in pursuance of tbe act ap­ proved June 15, 1917, along tbe :;\lexican border; filo.'"llOLLED BILLS SIGXED. S. 2.716. An act to gi>e effect to certain provisions of eon­ The message also announced tbat the Speaker of the House vention with foreign Go>ernments for facilitating the work had signed the following enrolled bill and they --were sul)Se­ of traveling salesmen; quently signed by the President pro tempore. 13050 CONGRESSIONAL RECORD~SENATE. SEPTEl\IBER 21,

S. 2885. An act to authorize the acquisition of lands for mili­ The next amendment was, on page 4, after line 14, to insert : tary purposes in certain cases and mah..i.ng appropriations there­ UNITED STATES COAL COlDIISSION. for, and for other purposes ; To carry out the provisions of the act entitled "An act to e tablisll S. 3890. An act to amend an act entitled "An act for making a commission to be known as the United State coal commi ion for the purpose of ecuring information in connection with qu tiC'nS rela­ further and more effectual provision for the national defense, tive to interstate commerce in coal, and for other purpo ," approved and for other purposes," approved June 3, 1916, as amended by September -ei 1922, including per onal service in the District of Co­ the act of Jtme 4, 1920; lumbia and ewhere, and rent if space can not be a' igned by the Public Buildings Commis ion in other buildings und(>r the control of H. R. 10419. An act Yaliclating certain applications for and that commission, fiscal year 1923, $200,000: Proi·idc.d, That this um entries of public lands; shall not be available for the payment of annual compeu ation in H. R.10766. An act authorizing the construction, repair; and excess of $7,500. pre ervation of certain public works on rivers and harbors, and The amendment was agreed to.- for other purposes ; The Assistant Secretary proceeded to state the next amend­ H. R. 11212. An act to amend an act entitled "An act for the ment, which was, at the top of page 5, unuer the heading "De­ retirement of employees in the classified civil service, and for partment of Commerce," to insert down to line 15. other purposes," approved May 22, 1920 ; and Mr. UNDERWOOD. Mr. President, before we get to tbe R. R. 12377. An act to establish a commission, to be known as item for the Department of Commerce I wi h to moYe an the United States Coal Commission, for the purpose of securing amendment to the bill. I was waiting until the Secretary information in connection with questions relative to interstate reached that point. commerce in coal, and for other purposes. Mr. President, I do not have a CQPy of the bill before me DEFICIENCY APPROPBIATIONS. from which the Secretary is reading, and the paging of the bill I hold in my hand is not the same; but under the heading l\Ir. WARREN. Mr. President, from the Committee on Ap­ " Department of State '' there is a provision in the bill which I propriations I report back favorably, with amendments, the bill have here, on page 4, line 4, which is headed " Mixed claims com­ ( H. R. 12704) making appropriations to supply deficiencies in mission, United States and Germany," which reads as follows: appropriations for the fiscal year ending June 30, 1922, and MIXED CLAIMS COMMISSIO~, UNITED STA.TES AXD GERMANY. prior fiscal ye.ar , and for other purpose , for which I ask im­ For the expenses of determining the amounts of claims against Ger­ mediate consideration. many by the mixed commission e tablished under the agreement con­ There being no objection, the Senate, as in Committee of the cluded between the United States and Germany on August 10, 19:!2, for the determination of the amount to be paid by Germany in satli­ Whole proceeded to consider the bill. factlon of the financial obligations of Germany under the treaty con­ Mr. WARREN. I make the usual request that the formal cluded between the Governments of the United States and Germany on reading of the bill be dispensed with, that it be read for amend­ Augu t 25, 1921, including the expenses which under the terms of such agreement of August 10, 1922, are chargeable in part to th~ United ment, and that the committee amendments be first considered.. States; and the expenses of an agency of the United States to perform · The PRESIDING OFFICER (Mr. FBELINGHUYSEN in the all nece sary services in connection with the preparation of claims chair). The Senator from Wyoming asks that the formal read­ and the pre ·entation thereof before said mixed commls Ion, including salaries of an agent and nece ary counsel and their asRistants and ing of the bill be di pensed with, that it be read for amendment, employees, rent in the District of Columbia, printing and binding, con­ and that the committee amendments be first considered. Is tingent and traveling expen es, and sucb other expenses in the United there objection? State or elsewhere as the President may deem proper, $180,000. Mr. U:l\TDERWOOD. .Mr. President, I have a very important Mr. President, I move that that provision of the bill be amendment which I wish to offer, and I do not want to wait tricken from it, and I desire to addres the Senate on that untH the committee amendments are disposed of. I have no question. objection to the bill being read for amendment, but when we Mr. WARREN. 1\lr. Pre ident, will the Senator state where reach that item in the bill I wish to offer my amendment. the provision to which he refers commence in the bill? Therefore, I object to the committee amendments being first The ASSISTANT SECRETARY. It is found on page 8, beginning cousidered from that point. in line 6, of the bill as reported, under the heading " Mixed The PRESIDING OFFICER. The Senator from Alabama claims commission, United States and Germany." objects to the committee amendments being fast considered. Mr. WARREN. That ls a House item entirely. l\1r. UNDERWOOD. I merely ask that the bill be read for Mr. UNDERWOOD. As I understand, the Senate committee action on the committee amendments, -according to the rule, has not changed the language. but that the amendment I shall propo e may be offered when Mr. President, I will ask tho e Members of the Senate who that paragraph of the bill i reached. are present for their attention for a while in regard to this l\fr. WARREN. The rule provides that there must be a matter, because it is of very serious import. We are asked formal reading of the bill. to make an appropriation for a commission which is about to l\fr. UNDERWOOD. I waive that. be e tablished without warrant of law, for no authority of law The PRESIDING OFFICER. There being no objection to exists for it, and which is in direct contravention of the law waiving the formal reading of the bill, that will be the order. of the land as established in the German treaty of peace which The Secretary will read the bill for amendment. was ratified somewhat over a year ago. It is also in contra­ The Assistant Secretary proceeded to read the bill. vention of the precedents of the Senate, so far as the Senate is The first amendment of the Committee on Appropriations concerned, for 100 years. I do not mean to say that the Execu­ was under the beading "Legislative," on page 2, after line 2, tive has not taken action of this kind at some time in the past, to insert: but, so far as the Senate is concerned, it has always occupied SENATE. the position that in the settlement of war claims and war mat­ To pay Adelaide Curry Crow, widow of Hon. William E. Crow, late ters it should have a voice. a Senator from the State or Pennsylvania, $7,500. l\fore than that, l\Ir. President, there is legi lation now pend­ The amendment was agreed to. ing in the Senate before the Judiciary Committee for an ad­ The next amendment was, on page 2, after line 5, to insert : justment of this question. Hearings have been had, but, on To reimburse the Official Reporters of the proceedings a.nd debates account of the pres :ure of business, I have no doubt, no con­ of the Senate for expenses incurred durin~ the second session of the clusion has been reached by the committee. The chairman of Sixty-seventh Congress, fl.seal year 1923, $4,484. the subcommittee on the Judiciary, the Senator from Iowa [l\1r. The amendment was agi-eed to. CUMMINS], who has had the matter under advisement, has been The next amendment was, on page 2 after line 8, to insert : almost continually occupied since it came before him either To pay Alexander K. Meek for extra and expert services rendered to with the pressing matters growing out of the strike conditions the Committee on Pen ions during the first and second se sions of tbe Sixty-seventh Congres as an assi tant clerk to said committee, by in the country or as Pre iding Officer and ha made no report. detail from the Bureau of Pensions, $1 200. I am not cr·iticizing the Senator at all. The amendment was agreed to. Mr. CUMMINS. Mr. President, I think a word ought to be The next amendment was, on page 2, after line 21, to insert : said at this point. It is true, I am chairman of the ubcom­ EXECUTIVE. mittee of the Judiciary Committee considering the bill intro­ WHITE HOUSE POLICE. duced by the Senator from Alabama. We held one hearing For the following employees from October 1, 1922, to June 30, 1923, upon the bill. Very shortly after that time the Pre ident both dates inclusive, at annual rates of compen ation as follows: First entered into an agreement to which reference has been made serg<'ant. $2,140; 2 sergeants, at $1,800 each; 30 privates, at $1,660 by the Senator from Alabama, and thereupon the question natu­ each : in all, 41,655. For uniforming and equipping the White House police, including the rally arose before the subcommittee, Has the President the power purcha e and issue or reyolvers and ammunition, firscal year 1923, and authority to enter into an agreement of that character? ~9.noo. I made an arrangement for a further hearing upon that ques­ The amendment was agreed to. tion alone, and the committee was to be addressed by a rep- 1922. CONGRESSIONAL RECORD-SENATE. 13051

resentative of the State Depal'tment, by some one selected by Mr. UNDERWOOD. I ask that the whole document may the proponent or the proponents of the bill introduced by the appear in the RECORD, because it shows the salaries and other Senator from Alabama. Before we could arrange for that hear­ expenses that are required to be paid, and I think the Senate illg the Senator from North Carolina [Mr. OVERMAN], who is should be informed in regard to it. a member of the subcommittee, met with an accident, which The PRESIDING OFFICER. It is so ordered. has prevented up to this time his appearance in the Senate. The Assistant Secretary read the marked portions of the The hearing has been postponed for that reason, and for that document (H. Doc. 376, 67th Cong., 2d sess.), which, entire, is reason alone. I thought that ought to be stated, because the as follows: subcommittee was very anxious to conclude the hearing and [Hou e Document No. 876, Sixty-seventh Congress, second session.] subm1t a report to the full committee. Ex.PENSES OF MIXED CLAIMS COMMISSION, UNITED STATES AND GERM.ANY. l\Ir. UNDERWOOD. Mr. President, I am glad the Senator Communication from the President of the United States, transmitting has made the statement. What I said was not in criticism of a supplemental estimate of appropriation for the Department of State for the fiscal year ending June 30, 1923, for :Mixed Claims his action. Commission, United States and Germany, $200,000 . This is a very grave matter involving the rights of citizens THE WHITE HOUSE, • of the United States in connection with foreign governments, Washington, A.ugust 24, 19Z2. involving our treaty rights, and also a judicial question as to The SPEAKER OF THE HOUSE OF REPRESEXTATIVES. whether the Secretary of State has any power to act in this SIR: I have the honor to transmit herewith for the consideration of Congress a supplemental estimate of appropriation for the Depart­ matter at all, which question is now being considered by the ment of State for the fiscal year ending June 30. 1923, f<>r Mixed chief law committee of the Senate. As the Senator from Iowa Claims Commission, United States and Germany, $200,000. has said, his committee have taken it up; they have entered The purpose of the appropriation requested and the necessity there­ for are set forth in a letter from the Secretary of State to the Director of upon hearings, but circumstances Gver. which the Senator from the Bureau of the Budget, dated August 22, 1922, transmitted herewith. Iowa had no control have interrupted the course of the hear­ Respectfully, WARREN G. HARDING. ings. The Secretary of State has left the United States and will not be able to appear before the committee until his re­ TREASURY DEPARTMENT, turn, and one of the important members of the committee-­ B UREAU OF THE BUDGET, the Senator from North Carolina [Mr. 0VEBMAN]-represent­ Washington, August ~. 1912. SIR: I have the honor to transmit herewith for your consideration, ing this side of the Chamber on the committee, has met with and upon your approval for transmission to Congress, a supplemental an unfortunate accident, having broken his foot, and can not estimate of appropriation for the Dep·artment of State for the fiscal year ending June 30.i 1923, for Mixed Claims Commu sion, United attend. Yet in the ·face of that, because the chief of the Bud­ States and Germany, op200,000. get Bureau has asked Congress to appropriate $180,000 in Mixed Claims Commission, United States and Germany : For order to carry out the work of the proposed executive com­ the expenses of determining the amounts of claims against mission-and the members of the commission have not been Germany by the mixed commissi0n establlshed under the agreement concluded between the United States and Ger­ appointed-suggested by the President, under an executive many on Aug. 10, 1922, for the determination of the agreement the Appropriations Committee of the Senate now amount to be paid by Ge1·many in satisfaction of the finan­ proposes to ignore entirely the fact that there is legislation cial obligations of Germany under the treaty concluded be­ tween the Governments of the United States and Germany pending here; that there is investigation going on involving on Aug. 25, 1921, including the expenses which under the the determination of the very delicate and difficult questions terms of such agreement of .Aug. 10, 1922, are chargeable inrnlved. Without further consideration, it is proposed that 1n part to the United States; and the expenses of an agency of the United States to perform all necessary services in Congress shall make an appropriation to inaugurate this work, connection with the preparation of claims and the presen­ without any understanding as to where it may lead us. I tation thereof before said mixed commission, including sal­ wish to say to the Senate that, in my judgment, if we proceed aries of an agent and necessary counsel and their assist­ ants and employees, rent 1n the District -of Columbia, to set up this commission and start it to work, if it is con­ printing and binding, contingent and traveling expenses, trary to the law of the land, as I believe it is, we may involve and such other expenses in the United States or elsewhere as the GoYernment in some very difficult and dangerous ques­ the President may deem proper ______$200, 000 tions, including conflicts between the executive branch of the Government and the Senate of the United State , and in the Estimated end conflicts between the attitude of the German Government for period Object. Rate per Sept.1, and our Government on the subject. It is not a question that annum. 1922, to Total. can be lightly passed over by merely malting an appropria­ June30, tion without consideration. 191.3. I am not saying this in criticiso of the members of the Ap­ propriations Committee. I know they have not considered this Mixed Claims Commission: Expenses of commission (United States matter. It was put in the bill in the House. I am sure that share)- the Appropriations Committee of the House gave not one word Balaries- of consideration to the leial questions and the difficult inter­ Umpire--·---·-···-····-·····-···· $15,000. 00 $6,250.00 2 messengers. _...... _...... 1,000.00 833.35 national questions involved. They sent tllis provision over to 2 stenographers ... _...... _.... _... . 1,400.00 1,166. 70 the Senate, and the Senate committee made the appropriation Traveling expenses of umpire ...... _.. 1,000.00 500.00 as a matter of course, without any consideration of the issues Printing for commission.•...... _... . 500.00 250.00 $9,000.05 involved in this matter-and they are grave issues. Expenses, United States agency- I think we should halt. I am not asking the Senate this Salaries- .. CoID.IlllSs1oner ...... _...... 12,000.00 10,000. 00 morning to decide the question finally. I am only asking the Agent. __ ...... _...... 10,000.00 8,333.35 Senate to strike this appropriation out of this bill and let it 1 counsel...... _...... _...... 7,500.00 6,250.00 stay out until we meet here in December, in order that an op­ 3 counseL _____ ...... ____ . _.... . 5,000.00 12,500.00 3 law clerks ..... _...... 3,000.00 7,500.00 portunity may be given for those to be beard who think this Joint secretary ...... _...... 3,500.00 2,916. 70 is not a legal way to approach this matter, and that the Judi­ Clerk and disbursing officer ..... _. 3,000.00 2,500.00 ciary Committee .of the Senate may have an opportunity to 5 stenographers ...... _ 1,400.00 5,&>3.35 3 messengers __ ...... _...... __ 1,000-00 2,500.00 report its findings before we foreclose the whole situation by 58,333. 40 making an appropriation to start a commission to function­ Rent (including quarters for commis- ing when the Senate has not given any real consideration to sion) ... -· ---· · ---· · -----· · · --· · · · --· ...... 7,000.00 Taking testimony abroad ....•...... 20,000. 00 this question. Printing and binding ..•...... __ ...... _ 5,000.00 Mr. President, I do not think I ought to let the time go by, Reporting proceedings .•. __ ...... _ .... _... _.. . 5,000.00 Furniture·-·····----·--·······-~····--·········-·· 5,000.00 because I do not know what the Senate is going to determine, La.w books .. _.. __ .... _...... _. ___ ...... 2,000.00 without at lea.st putting into the RECORD a -statement in regard Contingent and miscellaneous expenses ...... _•. _... . 25,000.00 to this matter. 69,000.00 Reserve for expenses not practicable The chairman of the committee suggests to me that he has to specify in advance of the organiza- a letter from the Secretary of State and the estimates in re­ tion of the commission ...... •...... 63,666.55 gard to this matter, and it might be well enough to have it read now. I will yield for that purpose. Total...•.•.... ---·······-·-·---·· ...... - .. -- · · --·- -- 200,000.00 Mr. WARREN. I ask the Senator to yield so that we may Further detaih:i concerning this estimate and the rea on for its have read such portions of this letter as appear on the pages submlsslon at this time are set forth in a letter from the Secretary marked. ot Stat~ dated August 22, 1922, transmitted herewith. very respectfully, R. O. KLcRBER, The PRESIDING OFFICER (Mr. BR.J..~DEGEE in the chair). .Acting Director of the Bureau of fl e Budget. The Secretary will read such portions as are marked. The PRESIDENT,

LXII--823 13052 CO GRESSIO J.AJ,i RECORD-SENATE. SEPTEMBER 21,

DEPARJl.'MElNS 011' Sl'AT», Washington, August f.2, 1!J22. Hon. H. M. Lonn, E tima.ted DirectQ"r af the Bu1·cau of t1&e Budget., for t he e­ Object. Rate per riod ep~.1, Tt·eapury D epartment. annum. I 1922, Total. Sm: Under the terms of an agreement concluded August 10, 1~22 , 1 June30, between the Unit d Stat e and Germany a mixed conuni sion is pro­ 1923. Tid d for the determination of t he amount or American claims agafnst ~ermany growing out of the recent war. The agreement providea that a commissioner i · to be named by each Government, and that th~ two MUed Claims. Co.Ill.Illis.tjon-Coniinued.. Government are to agree upon an umpire who is to dec:ide finally Expense~, United States Agency-Contd. upon any qu tion as to which the commi loner may be unahle to Rent (including quarters for commis- agree. 'J;he German Gove:rnment ha.vin expressed a desire. to have a.n sion) ...... S7, 000.00 ..6.mE!rican_ citizen to serve a umpire of the commi ion, the President Taking testimony abruad ••..•. __ -... ..•. , .••.... _ 20,000..00 bas na.m d a umvtre William R. Day., octat JUJ tice of. the United Printing and binding ..•...... _...... 5,000.00 • State 'uPreme Court . This agrePment was concluded to pro-vid a Reporting proceedings ...... 5,000. 00 suitable arrangement to obtaln rights re pecting_ claim,s under tbe Furniture ...... 5,000.00 treat.v of Augu t 25. 1921, between the United State and German!, Law bOQkS ...... · -· .•••. -· •.•.•••.••••• 2,000-.00 securing to tlle United States and its national the rights specified m Contingent and miscellaneous ~n&e.S. , _. _ ••••••••••• 25,000.00 • the join r olution of ongr ss approved July 2, 1921, including. all $69,000.()() the rights and advanta tipulated for the benefit of the Umied Reserv~ i>r expenses not p.ractic b1 States in. tlJ.e t.reatli of Versa.me . . to specify in.a:tvance olthe organiza-- The categories Qf · J~ to b considered includ~ those for A.mer1can tion of the commission ...... 63,666.55 {)'rop rts: Io ·e in Germany sine augu t l, 1914.. othei: lo es 11 tainecl by American citi~ns since July 31, 1914, a consequen ot the war, Total...... 200,000.00· and deb O\viiw t() American citizen. by, the ecman Government or Cerman natio-nu . th e. claims being more fully defined in the treaty oJ: August 21), 1921, between the Dni.ted. State and Germany a,nd the Mr. W A.RRK "', :Mr. President, may I interrupt the Senator treaty of VersailJ ><. 8everal thousand American claims, aggregating in amount probably for a moment at this point'! $300,000.000, are to be conRidered by the con;imissi?n .. Included 9:mo~g Mr. UNDERWOOD. l"es; I yield. these claim nre hu.ndreds for loss of Amencan hfe rn the Lusitania Mr. W ARRE~. The l tter- which has bee.n read was evi­ and other ubmarin disa'Ster · and the destruction of American ve el and cargoe on the high ea , and for the destruction of American prop­ dently the basi upcm which tlle House included this provl­ e ty in tbe ®va tated ru:e~ in. Belgitlm and Fran~. Th.e ~o,er.nment si-On: in the bill. A the Senator knows, it is entirely a Rouse of tb Unit~ ta.t thJ:ough th :S-ur:eau of War Ri. k In uran.ce (V' t­ p1·oyi ion o fur. bl:lt ii met our approval because it seemed to eran/ :C.-ureau ) b.a . n rly. 3~. 00, 00 Qf claim to- pre ut. IQ ord r tba he w r1' of pt~p ring cla1lll for preso tation to th u to carry out the compact between the two Governments. commission may proceed promptly it i . ne · . tba un adequa When the hearing was· ha.d before the House committee As­ Jump-'um awropriatfon he made i:mme concluded h·l been granted to the Congre . between the GoverDm ts of the United States and Ger­ ln order· that the record may properly sho tile issues in­ many on. AU"U.$t 25, 1921, including the expense which, volved~ I want to ask, first that t may have printed m the under the term· of ucb agreement of August 10, 1922, a.re chlil:geable in part to the United Stat ; and tbe ex- REconn in 8-point type, without reading, a copy of a bill I . pense of an agency of the "Qnited. States to perform all in.trod uced oa. the 20th day of July, 1922, to- provide for a necessar.Y services in connection with the preparation of tribunal te> hear antl determine these claims of American citi­ claims and the pre ntation there{)f before- aid mixed com-. mi!! ion, including alarles of an agent and necessary coun­ zens against the German Government. sel and their assistants and employees, rent in the Dis.-. There being no objection, the bill was ordered to, be printed trict of Columbia, J?rlntlng nd binding. e~ntingent and in the RECORD in 8-poin.t type, as follgws·: t raveling expense , and such other expan s. m the l'Jnitad State or el ewhet'e a the .Pr :ident may deem llroper A bill to amend an act entitled "An act to define, regulate.. and (treaty of Aug. 25, 1921; agreement Aug. 10, 1922,; trea- • -0 puni h trading with the enemy and for other purpo es," ap­ tie J.. t ess.• 67th Cong., p. 117)------~- "' 2 0 , 000 proved October o, 1917, as amended. Estimated Be it enacted etc., That an. act entitled ".An act to define, for-the pe­ regulate, and punish trading with the enemy, and for other pur­ Rat per­ riod.Sept. !, Total. poses," appra-ved Octobei: 6, 1917, as amended, be and hereby: Object. annunt-. 1922, to­ June 30, i ~ amended by adding thereto the following sections : 1923. " SEC. 20. (a.) A. commission is hereby created and established to be known as the Enemy Property Claims Com.miss-ion, here­ inafter referred to as the Commission. which shall be composed Mixed Claim.$ Col)lil).ission: EZ1>6nses of commission (United states of siX comm.is ioners, aJl of whom shall be learned in the Iaw, share)- who shall f>e apDQinted. by the Pr.esident,. b~ and with the advice Salaries- and con ent of the Senate. No more than three of the comml".1- l]mpire. ·········-················ $13,000.00 $6,25Q.OO 2'mc sen.~rs ...... l,000.00 !m.35 ioners shall be appointed from the same political party. One 2 stenographers ...... 1,400.00 1,11>6. 70 of said commissioners shall be designated by the terms of his Traveling expenses of umpire •...... 1,000.00 500.00 appointment to be the pre ident of the Commission. PrinUng for commission ...... •.. 500.00 200.00 S!l,000. 05 "(b) The President of the United States, by and with the :tt~nses, nited State agency-- advice and consent- of the Senate, shall fill all vacancies which Salaries-- . . may occur in said Con,u:nission. CoillIIllss1onet .....•....••..•.••.•. 12,000.00- 10-... 000,00 Agent ...... , ...... •.. ro,ooo.oo- S,333.35 " ( c) Any commission~ may be removed by the' Presid:ent for lcounseL ...... 7,500.00 6,250.00 inefficiencY; neglect of duty, or mal'feasance in office-. 3counseL ...... 5,000.00 12,500.00 a law clerlrs ...... 3,000.00 ?,500.0tt "(d)' Each of' the members of tlle Commission. the Assistant Joint secretary ...... _.. -...... 3,500.00 2.916. 70.. . Attorney General, the attorneys, and the clerk l}rovided herein Clei:k and disbw:&ing officer...... 3,Q00.00 2,500.0Q shall be citizens of the United State , and shall talte the oath of 5 stenographer&...... __ •... 1,4.00.QO 5,833.35' 8 messenger.s ...•... , ...... 1,000..00 2,500.00. otlice prescribed· by law to· be taken by officers of the United­ 58:,333.40 States. 1922. CONGRESSIONAL RECORD-SENATE. 13053

" ( e) The Commission shall have a seal with such device as "(g) Each of the said commissioners, and the clerk, and each it may order. of the commissioners to take testimony shall have authority to " ( f) The Commission may sit as a whole, or in two divisions, administer oaths and affirmations and to take the uepositions each composed of three members of the Commission. The Com­ of claimant , parties, and witnesses in all matter penOSe of any money or other property in accoru­ in section 869 of the Revised Statutes of the United States. ance with such award. 13054 CONGRESSIONAL REGORD--SENATE. SEPTEl\IBER 21,

"(b) The power and jurisdiction hereby granted to isaid -or by ny German authorities since July 31, 1914, and prior to C-0mmis 'ion shall be in force and conttnue for the l>eriod of April 6, 1917, or by the Austro-Hungarian Government or ·by \Vo year from the ·date the Commission meets for the first any .Austrian or Hungarian a11thorities since Jnly 28, 1914, and ti.rue, a provided in section 21 hereof, and for no longer time~ prior to December 'I, 1917; I'rorided, That the President may, from tim~ to time, ~xtend "(2) Any civlUa.n citizen of the United States who suffe-red he said period beyond said two re.a.rs, not exceeding six months darn.ages by injnry -or Who, as 'Surviving dependent, suffered in each instance, when in his judgment such extension is neces- dama.ges, by personal injury to or death of civilians, caused by ary to enable the Donunission to complete its work: Ana p1·0- acts of war, including 'bombardments or other attacks on land, 'l idea ftLrther, That in case the CommiSsion shall ha-ve com- on ea, 'Ol' from the air, and all direct consequences thereof, and '{>leW its \Vork before the expiration of the said two years or of all opeTatians of war by the t\vo groups of belligerents any xtension granted by the '.Pre ident he may dis olve said wherernr .arising; -COmmi " ion. Immediately after the Commission shall have "(3) Any ·civilian citizen of the United States who suffered f the Senate, one ll.dditional A istant ternment, or evacuation, of exposure at sea or being forced to Attorney General of the United States, .vho shall hold this labor), wherever arising, ·or who, as surviving dependent of any clfice during the existence .of sai-0. Commission, and the Attorney such civilian victim, suffered damage; Qeneral of the United States is empowered to employ ~nd fiX "(4' Any civilian citizen of the United States who suffered the eompensation of such other attorneys .and -employees as the damage caused by Germany or her allies in their own ·terri- " dutie laid nptm his office by the provisions hereof lln.a~ require. tory, or in 'OtcuplM or im·a.ded territory, as a. \riCtim of all acts It hall be the duty i0f said Assistant Attorney General 1lD.d at- injurious to health or capacity to work, or to honor, or who, as torneys to ·appear as attorney and counsel for the United States a surviving dependent 'Of any such ctrtlian victim su1fered !Under the direction of the Attom~y General and to defend its damage~ interffit in all claims and proceedings before said Dommissi-0n. "(5) Any citizen of the United States or anr person serving "(b) Service of all notices of ciaims and {)etition.s filed here- in the militnry, naml, or air forces thereof who suffered dam­ ru.nder shall be made upon the Attorney 'General at Such time age ·caused ·by any kind of maltreatment by Germany or ber Rnd in such .manner a.s may be prescribed by the Oo-mmission. .allies ·of prisoners of war ; and "(c) The defen e of the United States to any claim shall be "(6) Any ciVilian citlzen of the United States who suffered 'lllade under uch rule nnd r~oUlations as the Commission ma-y 'damage caused by being ft>rced by Germany or her allies to prescribe: Prroeeetl with the case " ( b) 'The following shall be deemed claimants of the second under such rules as 'the Commission ·may adopt; but the claim- .class : 1lnt • hall not in such eases bnve ward for :his 'Claim, or tor "{1) Any citizen of the United States who suffered damage or uny part thereof, unless he ·shall establish the same by proof injury intlicted f Germ.any or her allies on land, on t-a, or from ' ~ c ) Glaims made under this section and ubsections (b) :and 'the 9.ir, or damage df"rect1y in consequence of hostilities or {}f ( c) of section 30 hereof sha.11 be ..filed with the Oommission .a.ny oper.a.:tions -0f war~ and . \v1thin one year after the date the Com.mission meets for the "{3) Any citizen of the United ·states who ha· suffered fi r t time, as provided in -section 21 hereof, or shall be forever through the acts of the Imperial Ge-rman Go\?ernment, or its waived :and barred. .ugents, or the Imperial and Royal Au tro-Hungarian Govern- •• SEC. 28. All money and other property, including the pro-- · ment, or its ·agents, since Jnly 31, 1914, lo , damage, or injury ceecl of the ale thereof, held by the Alien Property Custodian to his person or protJerty, directly or indirectly, whether through 01· the Trea urer of the United States by tirtue 1of the trading the ownetship of sha.l'e of sto-ck in German. Austro-Rungarian, with the enemy ..act, as amended, which at the time it was ~on- American, or other corporations or in con equent'e of ho tilities \eyed, .as igned, transferred, delivered, gr paid over to the : or of -any opel.'ations of war, or otherwise, not b reinuefore Alien Property Custodian or required so to be, or seized by him, ' numerated. l)elonged to any person enumerated in this section) shall be re- ~'(c} The following shall be deemed claimant of the tb.lr turned by the Co~mission to the owner thereof o.i· to bis agent -class: or legal representattve, if the payment of claims which may be "(1) The Go ernment of the United States, repre enting the a1lo'1'"ed by the Commission to claimants under sections 29 and people thereof, for damage cau. ed to the people thereof for all 30 beTeof a1·e othel'Wise satisfied; otherwise, the same shall be its pen ion or compen a.tion in the natu1·e of pen ionR to its .ju ·t subject to the payment thereof as herein provided. The , naval and military ·victims of war (including member of its Alien Property Custodian -shall classify all such money and . :air force), whether mutilated, wounded, sick. or invnl iued, and other property in two li t ; one covering tbat belonging to : to the dependents of such \'ictims, the amount due beino- calcn­ Germanr and its nationals, the 'Other covering that belonging to la~d for -e" ch of them as being the capitalized co t of such A.u triu-Hungary llnd 'lt nationals, a follows~ pensions ·and ·con.tpensation on the ba. i of the cale jn for e ·' Cla 1. Money and other 'Property be1ongtng to the Go em- in France as to Germany at the date of ,.'ovember 11, 1921, and ·ment, or ny political o'r munieipal subdivision thereof, ot any as to Austria :and Hungary at the dat of 1\fay 1, 1919; ftO'e nt or Rgency thereo'f. - . "(2) The Government of the Unit d States foT the cost 'Of · la ·. '2. All other money and property belonging to any per- · assistance by such Government to pri oner <>f war and by tbRir son not enumerated in the foregoing ··las 1, 'the return of which families and dependents·; is not authoriZed by ection 27 hereof. "(3) The Government of the United St.ate for allowances by "(b) No person enumerated in this section shall file claim for such Government to the families ·anu dependents f mobilized -the return of his money or other :property until isuch time as persons or persons set·ving with its forces, the amount due to the Comlilission shall announce it Will receiv-e such claims, pro- "them for ·each 'Calendar year in which ho tilities occurred being videtl that all such clain.ls shall be filed 'With the -OOmmission ca.lclllated for the Government on the basis of the average scale within one ~ar after the date Of 'SUch ru:mouncement by the .for such payments in .fo1·ce in France during that year; Com.mis on, 'Or ~hall be thereafter forever ~ai'ved and barred. "''(4) The Government of the United States, for damage in " ~'Ee. 29. (-a) The following ·shall be deemed claimants of the respect of property !Wherever situated belenging to it, with the lirst class hereunder: ie:xception of naval ·~d military orks or materials, Which hns "(1) Any citizen of the United States who has suffered dam- bMn carried off, seized, 'njnred, or d~rnyed by thn acts -o:l age growing out of acts committed by the German Government Germany or her allies on land, on $ea, 01· from t~ air, or 1922. C01 GRESSIONAL RECORD-SENATE. 13055 damage directly in consequence of hostilities or of any opera­ "SEC. 30. (a) Any person enumerated in section ~7 or section tions of war; and 28 claiming any right, title, or interest in any money or other "(5 The representative of any ci"rilian population of the property which has been com·eyed, transferred, as ~ igned, deli\· United States which suffered damage in the form of levies, ered, or paid over to the Alien Property Custodi::tll, or eizcd fine and other imilar exactions imposed upon them by Ger­ by him and held by him or the Treasurer of the United Stutes many or her allies. by vlrtue of the ' trading with the enemy act,' as amended, may, " ( d) The a ward to any c:laimant under this section shall be as proTided in said sectioll.S, respecti"vely, file with the Commis­ only for the amount of the actual damage which said claimant sion a notice of his claim containing an application for allow- shall prove that he has sustained. Remote or prospective dam­ ance thereof, under oath and in such form and containing sucl1 ages shall not be a warded. The a wards made to claimants particulars ae- the Commission shall require ; and the Commis; under this ection shall include interest at the rate of 6 per sion may order the ·payment, conveyance, transfer, assignment, cent per annum, from the date that the loss, damage, or injury or delivery of the money or other property so held by the .A.lien was sustained by the claimant, until such date as the award is Property Custodian or Treasurer of the United States, or ot J>aid. the interest to which the Commission shall determine said " ( e) All claims under this section shall be filed with the Com­ claimant is entitled, to said claimant, his agent, or attorney. mission within six months afte1~ the date the Commission holds "(b) Any citizen of the United States or his legal representa­ its first meeting, or shall be thereafter forever waived and tive, to whom any debt, which became due prior to July 14, 191!r, barred; provided that the Commission may, in its discretion, may be owing from any person whose money or other property extend the time for filing said claims for an additional period is subject to the payment of claims as provided in section 2t) not exceeding six months. hereof, may file notice of such claim containing an application "(f) Any claim prosecuted under this section shall be pre­ for the allowance thereof, as provided in the foregoing sub ~ec­ sented by petition, containing such allegations and in such form tion ( ~) ; and the Commission may, with the assent of the as the Commission may require. The petition shall be signed owner of said money or other property, and of all persons and be \erified by the affidavit of the claimant, his attorney, or claiming any right, title, or intere t therein, order the payment, agent. conveyance, transfer, assignment, or delivery of the money o:c ·• (g) All persons whom the Commission may require shall be other property so held by the Alien Property Custodian or by made parties defendant, and service shall be obtained upon all the Treasurer of the United States, or of the interest therein parties defendant in accordance with the practice in the District to which the Commission shall determine said claimant i en­ courts. titled, to said claimant, his agent, or attorney. " ( h) In case any a ward is rendered by the Commission to " ( c) Any claimant enumerated in the foregoing subsection claimants under this section, the Commission shall, upon motion (b) who is unable to obtain assent to the payment of the debt of the att<>rney or counsel for the claimant,, allow in addition as provided therein may make application for the allowance ot to the amount thereby awarded such counsel and attorney fees said debt by filing a petition therefor as pronded for claimants to the counsel and attorneys employed by the claimant or claim­ under section 29 hereof, and the Commission shall proceed to ants, respectively, as the Commission shall determine to be just adjudicate upon said claim under the same rules and regulations and reasonable as compensation for the services rendered the as it may pro'Vide for claimants under said section 29~ claimant in prosecuting such claims, which allowance shall be ~ ( d) The Alien Property Custodian and the Trea., urer of the entered as a part of the award in sµch case and shall be made United States shall not comply with any award or order of the epecifically payable to said attorney or counsel as a part of Commi sion allowed to claimants under the foregoing sub,ec­ said award, the payment of which shall be in full compensation tions ( b) and ( c) until all of the a wards of the Commi::-sion to the counsel or attorney for prosecuting such claim; and all to claimants enumerated in section 29 herein ha \e been paid or other liens upon, or assignments, sales, transfers, either ab olute otherwise atisfied. Claimants under said subsection (b) and or conditional, for services rendered or to be rendered, about ( c) shall be entitled to pri01ity of payment according to the any claim or part or parcel thereof, pr°'·ided for in this amend­ time of the filing of their respective claims. ment heretofore or hereafter made or done before such award "(e) All applications for the allowance of claims made to i rendered and payment thereof made, shall be absolutely void the President in accordance with the provisions of tion 9 of and of no effect. the trading with the enemy act, as amended, which ha-re not. at ,, (i) The Com.mis. ion shall order the payment Of an ·claims the time the Commi sion meets for the first time a, provided. in allowed by it to claimants under this section against the nation section 21 hereof, been allowed or disallowed, shall be dell\erecr conterned, insofar as such awards are otherwise unsatisfied, OYer to the Commi sion ; and all applications so pending ball out of the money and other property enumerated in section 28 be deemed to haye been filed with the Corumi ion as of .,uch hereof which shall hare been classified as belonging to it and time. The Commission, upon the receipt of said applications, it nationals; proYided that all the money and other property shall proceed to adjudicate upon such claims in accordance constituting the first class set forth therein shall be exhausted with the provisions hereof: Prov-idea, That after the Commis­ before that constituting the second class shall be subject to sion meets for the first time, as provided in section 21 hereof, suC'h a\rnrds. In event all money and other property classified no further applications for the allowance of claims shall be a · 1J lonafag to one of the former enemy nations and its. na­ received by the President under the said section 9, nor ~ hall tional ·hall be more than sufficient to satisfy all awa1·ds against the President, on his own motion, di pose of any money or ot h~ r it, the balance shall be held subject to the satisfaction of the property under the provi. ions of said section 0. The Commis­ award which may be rendered against the other enemy nation sion is hereby autho1ized to allow any claim for debt which conc:erne as provided in said section 9. No claim shall be prosecuted sa t i ~fy in full awards to claimants of any one of said three before the Commission if such suit in equity has theretofore c:Ja s~ es tlle same and/ or the proceeds thereof shall be dis­ been instituted in such district court of th~ United States or tributed ratably among the se\eral claimant of that class. the Supreme Court of the District of Columbia asserting the ·' ( j) All money held by the .Alien Property Custodian or by same claim; and no suit shall be instituted in sucll dti; trict the Treasurer of the "Cnited States belonging to person in the court of the United States or the Supreme Court of the District clas then subject to the payment of awards under this section of Columbia if the same has theretofore been filed with the Com• hall be exhan ted in the 8atisfaction of such awards before mis ion: Pro,,;ided, That any person who bas heretofore in~ ti· the property held by the .A.lien Property Custodian belonging tuted any such suit in a district court of the United State" or to the same or other per.,ons in the same class be subject to in the Supreme Court of the District of Columbia, the merits liquidation for the payment of such awards. of which suit shall not have been determined by such court at '' (k) So far as such awards shall be parable by the Treas­ the time of the appro\al of this act, may apply to such court urer of the United States, all or any part of same may, at bis for the dismi sal of such suit, and upon the dismissal of t he option, be paid in United States bonds, at par, provided that ame may file his claim before the Commission. any amount of the award of which a $50 bond is not a factor •· SEc. 31. (a) The sole relief and remedy of any per on hav­ shall be paid in currency. ing any claim to any money or other property, or th~ proceeds 13056 CONGRESSIONAL REOORD~SEN ATE. SEPTE:UBER 21,

of the sale thereof, heretofore con-reyed, transferred, assigned, ment of the United States "to the families and dependents of deli'rered, or paid oYer to the Alien Property Custodian, or re­ mobilized persons or per ons serving with its forces." quired so to be, or eized by him, shall be that provided by the Provision is made for the atisfaction of these claims, in term of the trading with the enemy act as amended and the accordance with a stated order of priority, out of the property terms hereof; and in the event that such property has been or of German and Austrian nationals held by the Alien Property shall be sold or otherwise disposed of by the Alien Property Custodian. Custodian shall be limited to and enforced against the net pro­ It is hardly necessary for me to say that I am most anxious ceeds received therefrom and held by the Alien Property CuS­ that a settlement of the claims of American citizens should be todian or by the Treasurer of the United States, and no such promptly effected. You undoubtedly appreciate that' in addi­ money or other property, or the proceeds of the sale thereof, tion to the diificultie which, as a result of political and eco­ liquidation or other dealing therewith so held shall be returned, nomic conditions, have confronted the nations with which the or otherwise disposed of, unless the lawful expenses incurred United States was as ociated in the war in effecting settlement by the Alien Property Custodian in holding and admini tering of claims against former enemy countries the Government the said money or ot.her property to be returned, or otherwise of the United States was obliged to deal with conditions in­ disposed of, are first deducted therefrom or otherwise satisfied. cident to tile conclusion of treaties with Germany, Austria, " ( b) The return of any money or other property, or the p-ro­ and Hungary to reestablish friendly relations with those nu-· ceeds of the sale thereof, or payment of any debt, in accordance tion. with the provisions of the trading with the enemy act as Following the conclusion of such treaties, negotiations were amended, or the proYisions hereof, shall operate as and be a entered into with Germany looking to the adjustment of the full acquittance and discharge of the Alien Property Custodian claims of our citizens pursuant to the rights of the United or the Treasurer of the United States, as the case may be, and States recognized under the treaty conclude<] August 25, 1921, of the United States in respect to any and all claims for or witlt that country. It is contemplated that a mixed commission intere t in said money or other property or compensation or on which Germany will haYe re11resentation will be e tubli bed damage arising from the capture and adm 1nistration of such to determine the amounts of these claims in accordance with property by the President or the Alien Property Custodian. the procedure usual1y governing matters of tbis kind. " SEC. 32. All money or other property held by the Alien I am glad to say tllat de pite the recent een made, and I believe administered as provided in said act as amended until such that a satisfactory convention will hortly bt: signed. The ne­ time as the Commis ion may otherwise order the disposal of gotiation. with the German Gowrnment inllicate a desire on its the same or a Congre s shall otherwise direct: Provided, lunc­ part to move as expedition ly as possible with a view to the e1:cr , That no property hall hereafter be sold except to insure consummation of the plau under consideration. It is manife t the pre-rention of waste and protect such property or to satisfy that legislation uch as that contemplated by the bill in ques­ surh taxes as are provided to be paid in an act entitled 'An tion would be embarrassing to the Executive in dealing with act making appropriations for sundry ciYil expense of the Gov­ the matter of these claims, since the enactment of the bill into ernment for the fiscal year ending June 30, 1919, and for other law would make it nece sary to abandon present plans. purposes,' approved July 1, 1918, or to satisfy claims in accord­ Apart from this effect of the passage of the bill, I may say ance with the awards and directions of the Commis ion." that it seems to me entirely appropriate that the u ual practice Mr. UNDERWOOD. In order that the RECORD may show the should be followed in the determination of internatipnal claims, position of the executh"e department of the Government, I de­ and tlmt Germany should have appropriate representation upon sire to call to the attention of the Senate the fact that on July 29, a mixed claim commi::;sion by which the amount of these seven days after that bill was introduced, the Secretary of State claims shall be asses ed. The bill eems to c.leal with the settle­ wrote a letter to the Senator from Minnesota [Mr. NELSON], ment of claims a · if it were purely a domestic affair. But the chairman of the Judiciary Committee of the Senate explaining claims are tho ~ e of American citizens against Germany, Austria, to him that he expected to negotiate an executive understanding and Hungary, and it has hitlJerto been COT!templated, as the with the German GoYernment, which I think he refers to in joint resolution of Congress approYed July 2. 1921, makes clear, this letter as a treaty, but which was not a treaty, in reference that these Governments shall make suitable provision for the to the settlement of these claims. I ask that that letter, a copy satisfaction of these claims. But if these Gorernments are to of which I hold in my hand, may be printed in the RECORD in make such provision I shoultl regard it as proper that they 8-point type, without reading. so that the RECORD may show the should have the opportunity of being repre ented on the claim facts up to this point. commission by which the amount of the claims is to be fixed. There being no objection, the letter was ordered to be printed I do not see that any different principle should be applied be­ in the REconn in 8-point type, as follows: cause we hold the priYate property of former enemies in pledge, DEPARTMENT OF STATE, but this situation, I hould ·uppose, would rather .make the Washington, July 29, 1922. course to which I have referred, if po sible, still more impor­ The Hon. KNUTE NELSON, tant before resort were hacl to such property for satisfaction. Chairman Committee on the Judiciary, To undertake to exclude a nation in a ca e like the present . from any participation or voice in matters thus vitally affecting DEAR SENATOR NEL ON: I beg to acknowledge the receipt of its interests and to dear with such matter by ex: parte action your letter of July 21, 1922, inclosing a copy of a bill ( S. 3852) would be, in my judgment, at variance with the principles and "To amend an act entitled 'An act to define, regulate, and pun­ practice generally obserwd by nations in their relations with ish trading with the enemy, and for other purposes,' approved each other, and I should think it unfortunate if such a course October 6, 1917, as amended," and requesting in behalf of the were initiated by this Gorni·nment. Committee on the Judiciary of the Senate an expression of my I do not speak of the situation which would be disclosed ·if opinion as to the ad,·isability of the legislation contemplated Germany refused to make an arrangement for a commission by this measure. to act in the assessment of claims in a manner which would For the purpose of indicating my views regarding the bill, be reasonable and satisfactory to our Government. I am, it is unnece ary at this time to enter into a detailed discussion however, speaking of the present situation, in which negotia­ of its provisions. I understand that its general purpose is to tions are pending and where there is every reason to believe provide for a commission composed of American citizens which that they will shortly be concluded. is to pass on certain clas e of claims of American citizens, and I shall not discuss the plan, which the bill sets forth, of also on claims of the Government of the United States, for dam­ confiscating the property in the hands of the Alien Property ages sustained as a result of the acts, during periods described Custodian by providing for its a11plication not only to the pay­ in the bill, of either the former German Government or the ment of the claims of American citizens but also to tbe claim former Austro-Hungarian Governm€nt, · or their authorities, of this Government for pensions and allowances, as de cribed respecti ve1y. in the bill. While the latter class of claims is to be postponed In addition to the claims of the citizens of the United States, in payment to the former, all are to be satisfied under the the bill embraces provision for claims made by the Government pro\isions of the bill, and it is manifest that the entire private of the United States for " all its pensions or compensation in property of former enemy nationals in the hand of the Alien the nature of pensions to its naval and military victims of war, Property Custodian will not be ufficient for the purpo es including members of its air force, whether mutilated, stated. wounded, sick, or invalided, and to the dependents of such vic­ Up to this time Congress has not committed itself to ..a tims " ; also for " the cost of assistance " by the Government of confiscatory policy. In the joint resolution of July 2, 1921, the United States " to prisoners of war and to their families Congress provided that the property should be retained by the and dependents " ; ~nd also for " allowances " by the Govern- United States and no disposition thereof should be made, 1922. CONGRESSIONAL RECORD--SR..~ATE. 13057_ except as had been or might be prmided by law, until such President Buchanan, in sul>mitting the claims agreement time as Germany and Austria and Hungary "shall have re­ with Venezuela, signed January 14, 1859, to the Senate, said: spectively made suitable provision for the satisfaction of all Usually it is not deemed nece ary .to consult the Senate in regard c1aims against said Governments, respectively,'' of American to similar in truments relating to private claims of small amount when citiz ns who have been damaged through the action of these the ag:grieved parties are satisfied with their terms. Governments, as stated, and until compliance with the other The principal executive agreements involving more than one provisions of the resolution. In other words, so far as the claim that have come to my attention are: The agreement with claims of Ameriean citizens are concerned, the -properties 1n Spain of February 11-12, 1871, for the adjustment of certain tbe .bands of the Alien Property Custodian, or their proceeds if claims of citizens of the United States on account of wrongs liquidated, are to be held virtually in pledge until Germany, and injuries committed by authorities of Spa.in in the island o! .Austria, and Hungary, respectively, make suitable provision Cuba; the agreement with Venezuela of February 17, 1903, for for the satisfaction df these claims. the adjustment of all claims owned by citizens of the United As I have said, this implies a fair opportunity to make the States against Venezuela which had not at that time been required provision. When the amount of these claims bas been settled by diplomatic agreem~nt or by arbitration ; and the determined, the question of the satisfaction can be taken up protocol with China of September 7, 1901, for the adjus~ent of at once, Congress, of course, reserving its authority to deal claims growing out of the so-called Boxer troubles of 1900. with the question in the light of the event. I am of the opinion ~o President, to my knowledge, has ever entered into uch that this course can be followed quite as expeditiously e.s the an agreement providing for the adjustment of claims ari ing course contemplated by the bill, and I should hope that in any out of war. I am sure I am co.rrect about That. · case no measure of confiscation would be adopted until there Mr. LODGE. I do not know who is the author of the docu­ had been a failure, after reasonable opportunity, to provide for ment the Senator has been reading. the satisfaction of the claims of American citizens, duly Mr. fil""DERWOOD. I am the author of it. a certain ed. I remain, my dear Senator NELSON, Mr. LODGE. Then, if the Senator will allow me, the Boxer Very sincerely yours, claims arose directly out of a war in which we were engaged. CHARLES E. HUGHES. Mr. UNDERWOOD. No, Mr. President; that is where the Mr. UXDERWOOD. Of course, when I introduced the bill on Senator is making his mistake. tlle Wth day of July I had not heard from any source that tbe fr. LODGE. I do not think I am. Se.cretary of State was negotiating with the German Govern­ l\lr. m"DERWOOD. _The situation was saYed by the adm1ra1 ment in .regard to this matter at all, and, so far as any deter­ in command of the American fleet not firing on the Ohinese mination was arrived at, it had not been determined at that ships when the troops went up the harbor, and we always time, because it was not until some time after the date of the claimed, in the Boxer case, that we had not been in technical letter of the Secretary of State, the 29th of Jnly, that a final war with China. Of course, the other pow~rs occupied a determination was reached between the State Department and different position. the German Government in regard to this matter and the l\Ir. LODGE. We sent troops to Peking, and were the first to executive agreement ilt" regard to the e claims was entered into. storm "the city. That was after the Senate of the United States had taken Mr. UNDERWOOD. We sent the troops to Peking to guard. jurisdiction of this matter; it had been Teferred to the Com­ our embassy. mittee on the Judiciary and the Committee on the Judiciary Mr. LODGEJ. T:OOy blew in the gates in doing it. 11ad entered on an inve tigation of it. So, hroadly speaking, the Mr. UNDERWOOD. Of course, I do not mean to say that matter was pending before the Congress of the United States, some riots did not occur, but the position of our Government in and the executive branch of the Government, by executive reference to this Ohine e trouble has always been that we did agreement with Germany, took it out of the control of the not engage in war, and the result itself was proof. The Chi­ Congres . nese minister remained in Washi°:gton during the entire time, I think it is fair to the executiTe branch of the Government and we never concluded any treaty of peace with Ohina after to say that I haYe heard that befOTe that time the matter was the difficulties were over, and there was no declaration of war, nnder discussion; that there were eon"Versations going on be­ either on the part of the President or of Congress. So, tech­ tween the German Chancellor and the Secretary of State ; but nically spe:ikin~, what I say is correct. no conclusion l1ad been reached before we took juriscUction of Mr. LODGE. Technically it was not a war, but it grew ·out tbL matter. of war just the ame. After the letter of the Secretary of State had been filed With Mr. UJ.l.."DERWOOD. Where we have had a war there has tb enator from Minnesota I wrote a letter to the senior ne\er been an adju tment of claims in the history of this coun­ Senator from Iowa [Mr. CUMMINS], the chairman of the sub­ try, except with the consent of the Congress or of the Senate committee <>f the Committee on the Judiciary, ta.ting my view­ acting with the Executi"rn. point in regard to the matter, and I now intend to make a I repeat, no President, to my knowledge, has e~r entered statement to the Senate which \vill substantially follow what into such 311 agreement pro-viding for the adjudication of claims I said to the Senator from Iowa. I do that because it is a arising out of war. Perhaps this is due to the fact that the more convenient way to make the statement and bring the President, with but a. few nominal exceptions, has never en­ matters to the attention of the Senate, and it will probably take tered into an agreement for the adjustment of a private claiin le-ss time than if I attempted to do it in some other way. of a foreigner against the United States without securing the _ I wish to say at the out et that I do not believe any prece­ approval of the Senate, but I think that it is chiefly because dent exists in our hi tory which may be termed applicable to the settlement of war claims is necessarily part and parcel the present sitnution. Presumably, the President has relied with the treaty of peace which, of course, under our Constitu­ on the fact that representati"fes of the State Department have tion, must be submitted to the Senate for its advice and con­ at divers times in the past entered into certain agreements for sent. the adjustment of claims of American citizens against foreign For a discu ·on of the foregoing question I wish to refer governments, which agreements were not submitted to the the Senate respectfully tn the Digest of International Law, Senate for its ratification. by John B. Moore, volume 5, page 211; Treaties, Their Mak­ Pa sing over the question whether in general such agree­ ing and Enforcement, by Samuel B. Crandall, second edition, ments are binding upon this Nation in the absence of the Sen­ page 108; "The treaty-making powers under the Constitu­ ate's confirmation, I wish to point out that u ually such agree­ tion," by John W. Fo ter, Yale Law Journal, December, 1901; ments ha>e co\ered only pecuniary claims of individuals aris­ " Treaties and executive agreements,'' by John B. l\foore, ing in times of peace. Political Science Quarterly, September, 1905; and "Interna­ I repeat, presumably the President has relied on the fact tional agreement without the advice and c<>n ent of the Sen­ that representatives of the State Department have at divers ate," by James F. Barnett, Yale Law Review, November and times in the past entered into certain agreements for the ad­ December, 1905. ju8tment of claims of American citizens against foreign govern­ Mr. President, I have excerpts here from most of these papers, ments, which agreements were not submitted to the Senate for and they et out the cases where the President has made execu­ its ratification. tive agreement , as well a those where he has not. These Passing O"rer the question whether in general such agree­ excerpts are not entirely my way, but I want the full informa­ ments are binding upon tbis Nation in the absence of the Sen­ tion to go to the enate. I have had them compiled for my in­ ate's confirmation, I wish to point out that usually such.agree­ formation, and I think the Senate is entitled to the information, ments ba\e co\ered only pecuniary claims of individuals aris­ and if the Senate doe not want it, the country is entitled to it. ing in times of peace, have met with the approval of the claim­ So I ask unanimous consent that at the conelnsion of my re­ ants, and ha\e involrnd no obligation on the part of the United marks these papers may be printed in 8-point type as an ap- States other than tlte relinquishment of the claim. pendix. ' '13058 CONGRESSIONAL RECORD-SENATE. SEPTEMBER 21,

' The PRESIDING OFI!'ICER. Is there objection? The Chair which the owner is a national through the clearing office established thereunder i any credit balance in favor of Germany resulting there­ hea1·s none, and it is so ordered. from shall oe dealt "\\"ith as provided in article 243. Mr. UNDERWOOD. An. examination of the . agreements "(2) As regards powers not adopting section 3 and the annex made in relation to private claims against foreign Governments thereto, the proceeds of the property, rights, and interests and the cash a::sets of the nationals of allied or associated powers hlfld by discloses that the practice of their submission or nonsubmission Gern:iany shall be paid immediately to the person entitled thereto or to the Senate bas not been uniform. to his Government ; the ~proceeds o~ the prope_rty. rights, and interests, However, as I said above, I do not think that we can rely a?d the ca.sh assets of German nationals received by an allied or asso­ CI!J-ted. power shall be subj.ect to disposal by such power in accordance upon precedents in the present situation for, needless to say, in w1t;h its laws and regulations and may be applied in payment of the none of the cases heretofore considered in the history of our clarms and debts defined by this article or paragraph 4 of the annex Government were there involved American claims running into hereto. Any property, ri~hts, and. interests, or proceeds thereof or cash assets not used as above provided may be retained by the said · hundreds of millions of dollars, secured by approximately $346,- allied or associated power, a.nd if retained the cash value thereof shall 000,000 worth of collateral. be dealt with as provided in article 243. • • • " Assuming that the President enjoys authority to negotiate Of course, in those treaties it was assumed that the various executive agreements under usual circumstances, I am doubt­ claims set forth as reparations claims would be taken care of ful if he has such authority at the present time with respect through the Reparation Commission. However as such to the claims of our Nation and its citizens against the former treaties confirmed to the United States the right t~ dispose of ·enemy Governments. enemy property as it saw fit, there can be no objection to the It is impossible to divorce the disposition of the enemy prop­ enforcement of reparations claims against enemy property if erty held by the Alien Property Custodian and the settlement the Congress should so elect. of claims of our citizens against the former enemy Govern­ When the Congress passed the joint resolution declaring war ments. to be at an end, which was approved by the President on Congress, in enacting the trading "ith the enemy act, July 2, 1921, it carefully resen·ed to itself all of the rights specifically provided-and I ask the Senate to bear in mind as to the ultimate disposition of enemy property that it had what I am saying here, because here is where I claim the specified in tl1e trading with the enemy act and which had law i that has been ignored by the executive branch of the been confirmed to it by the treaties of Versailles, Trianon, and Government. Congress, in enacting the trading with the St. Germain-en-Laye. Section 5 of that resolution provides that enemy act, specifically provided -in section 12 thereof that all such property should be- any claim of an enemy or ally of enemy to any money or retained by the Unite~l Statei:; of America and no disposition thereof other property received and held by the Alien Property Cus­ made, except as shall have been heretofore or specifically hereafter shall be provided by law until such time as the Imperial German todian or deposited in the United States Trea ury shall be Government and the Imperial and Royal Austro-Hungarian Govern­ settled as Congress shall direct. ment, or their successor or successors, shall have respectively made That is your law. That is the law of your Government. suitable provi ion for the satisfaction of all claims against said Gov­ I :un not criticizing the President personally. He had but ernments- little to do with the matter. It was negotiated by his, Secre­ as specified therein, and shall have complied with the other tary of State. But that is your law, which you passed and conditions therein set forth. . made the law of the land, yet it is ignored entirely in this Now, I want to say another thing in passing. The executive executive agreement, to start and carry out which you now agreement which it is proposed to start to functioning now propose to appropriate $180,000. Is the Executive of the Gov­ only relates to German claims. It does not involve and has ernment above the law of the land? Should we pass the no representation on it of the claims against Au ;tria and matter without consideration when it is pending before a against Hungary, and yet the Alien Property Custodian holds committee of the Senate whicll will later on· have the oppor­ property of tho e citizens in pledge under treaty rights with tunity to properly consider it and report the facts and the legal their Government . Yet you are proposing to start a one· status of tl1e matter to the Senate for its consideration? It sided commission to decide only a part of the matter. You seem to me it would be unwise to rush into the matter with­ JDay not think that is material, but I want to point out to you out consideration before the committee. a class of claims where it will become \err material. Of I ~1r. KING. l\Ir. President, will the Senator yield? course, since introduced the bill I have had a number of l\Ir. UNDERWOOD. Certainly: ~ . letters on the ubject, and a number of claims have been Mr. KING. I am disposed to agt'ee with the Senator in his called to my attention in which I have no interest except that general observation as to lack of authority upon the part of the claimant. are citizens of the United States, coming from the Executive to commit the Government and the nationals of States other than my O'WD, and have a right to a fair day in the Government to the policy to which this protocol or agree­ court in the disposition of their matters. One of those cases ment eems to commit us, but ·if I understand the terms of which is an actual case, is as follows : ' the trading with the enemy act-and it is a long time since There wa a ship of commerce, not a warship, belonging to I read it-my recollection is that it intended to deal with the citizens of the United States and flying the American flag. property of German nationals situated in the United States It was sunk by · an enemy torpedo in the Mediterranean sea. which might be seized under the terms of the provisions of The owners are unable to proYe whether the torpedo came that act, and held by the Alien Prop .rty Custodian, and did from a German or an Austrian source. They knew it was rui not attempt to deal with the claims which American citizens enemy, of course. They were fired on and sunk. They are to be· sent to this one- ided court, which is to be inaugurated might have against the German nationals or the German Gov­ to-day if the pending appropriation bill is enacted into law. ernment because of tort of either the German Government or The burden of proof will be on them to show that their clahn the German nationals. I may be in error. is against G~rmany. Of course, they have a claim. It was a Mr. UNDERWOOD. I have just read to the Senate an ex­ peaceful commercial ship carrying no munitions of war sail­ cerpt from section 12 of the trading with the enemy act. Of ing in the neutral waters of the Mediterranean and wa~ sunk course, I agree with the Senator that when the trading with by an enemy torpedo, but they would be put to the test of the enemy act was pas ed the matter of which he speaks was proving that the torpedo came from a German ship and not the matter mainly in the mind of Congres , but the statement an Austrian ship. If they fail to make the proof-and thev which I have read is in the law. I am not guessing at it. I must fail, because the torpedo boat was under the surface of have read section 12 of the law. the sea-they will then be asked if they have filed a claim While this congressional reservation refers to the claims of against Austria and to prove their case there and that the the former owners of the property concerned, its purpose was torpedo was an .Austrian torpedo, which, of course, they can to insure the retention of such property as a pledge for the not do, whereas, if the bill which I ha~e introduced and is satisfaction of such claims of our citizens as might arise during pending before the Senate is enacted into law, they could prove the war in case Congress determined to so apply it. The in­ that their vessel was shot down by the enemy, and the ques­ separable connection between the disposition of enemy prop­ tion of whether tbe claim was against Germany or Austria erty and the settlement of such claims is further apparent would be a question for those Governments to prove and settle from the consideration given these two subjects in the treaties between themselves. No question of rights of that kind is of Versailles, Trianon, and St. Germain-en-Laye, the pertinent taken care of in the proposed executive agreement. No agree­ section of the first-named treaty being section 4, part 1 from ment with Austria-Hungary has been provided for. When we which I quote the following: ' get through with the German commission, we will then have A!lT. ~97. ~h) Ex~ept in cases where by application of paragraph (f) to go along and appoint some more commissions to take up restitutions m specie have been made, the net proceeds of sales of enemy property, rights, or interests wherever situated carried out the other side of the question instead of having a case settled either by virtue of war legislation or by application of this article by law and having one final settlement of the whole matter. and in general all cash assets of enemies, shall be dealt with as Mr. KING. Mr. P resident, will the Senator f.rom Alabama follows: "(1) As regards powers adopting ectlon 3 and the annex thereto yield to me? the said proceeds and ~sh assets shall be credited to the power of Mr. UNDERWOOD. I yield. 1922. CONGRESSIOKAL RECORD-SENATE. 13059

. Mr. KING. Does the Senator know the terms of the· agree­ invoh·ed here. In a matter affecting thousands of American ment which the President has entered into, and if under the citizens and µ}illions of dollars' worth of claims and millions terms of the agreement the President seeks to bind American of dollars' worth of property, it is proposed to rush on blindly nationals so that if they do not submit their claims before the and organize the court, without lnwwing a blamed thing about proposed commission they will be forever barred? Is there no the issue which is involved. option at all upon their part to refrain from submitting th~ir l\lr. President, this section of the joint resolution was incor­ claims against Germany to a tribunal which they ha-rn no r-01ce porated in the separate treaties of peace with Germany, Aus­ in establishing? tria, and Hungary. It was stipulated in each of· those treaties Mr. LODGE. The agreement is printed in pamphlet form, if of peace, respectirnly, that while the United States W1J.S privi­ the Senator from Utah desires to see it. leged to participate in the Reparations Commission and in any Mr. l JNDERWOOD. I ham the agreement on my desk, and other commission established under the treatie of Versailles, it has been ordered printed as a part of the CoNGRESSIO~AL St. Germain-en-Laye, and Trianon, or any agreements upple­ RECORD. I wish to say to the Senator that the President could mental thereto, the United States was not bound to participate not bind American nationals ; he has no power to do so. He in any such commission unless it so elected. Nevertheless, the does not tr;v to do it. He merely teps in as a good wisher, -Senate in ratifying each of tho ·e treaties of peace reserved without their request, carries them into a tribunal, and invites for legislation by the Congress the matter of the disposition them to come and settle their claims before the tribunal with­ of enemy property and the adjustment of the claims of the out anr authority of law. When a claim shall be settled in United States and its citizens by ratifying such treaties sub­ such manner the settlement will not be binding upon them or ject to a certain understanding. upon anybody else. I should like the Senate to listen to that understanding. I Why thi agreement was made I can not tell. There has think that some votes in the Senate which were cast for the · been no such performance, I think, in the annal" of history, German treaty would not have been cast to ratify that treaty that a gowrnment, without the request of its nationals, ·should if there had not been written into the German treaty the clause inject or force itself into an agreement with an enemy govern­ which it is now proposed to repudiate. I will read it. It is ment or a former enemy government, without the knowledge as follows: of anybody outside tile State Department, for the settlement of That the United States shall not be repre

13060 OONGRESSIONAL RECORD-· SENATE. SEPTE~IBER 21,

that the action of the 'State Department was not with the con- 1 United States-not the Congre s, but the Government-to have sent of the .American claimants. the right to elect whether it would have the matter decided be­ That, Mr. President, makes it a very differeµt case from the fore a mixed tribunal or in some other way. case that may be cited-and a number of which I have already Mr. UNDERWOOD. If the Senator will get that testimony put in the REcoJID-where I as a claimant, for instance, have he will refresh his mind on what Mr. Palmer said. I do not nffered at the hands of the nationals of a foreign country or know what other people have said. Mr. Palmer was the man at the hands of a foreign Government, and I go to the State who represented us in reference to this particular i ue; but Department and ask the State Department to represent me as that does not make any difference. Taking the Senator's con­ EY agent to settle the claim. There are numerous instances of struction of it, he said that it should be decided by the Govern­ that kind, and I have cited a number of them in t~e RECORD, ment of the United States. The only way that the· Govern­ and they will be printed. That, however, is not the issue here. ment of the United States can act is in law. The Pre ident of There is no law to authorize this action by the State Depart­ the United States may act, as Executi\e, as my agent when I ment, and there is no Tequest by the men who have the claims have a claim and present my claim to a t1ibunal; but the Presi­ that the matter shall be dealt with in this way; and, as 1 said, dent of the United States can not act for me and bind me me of the claimants who have lost their fathers and their against my will and consent. mothers believe that the terms of the settlement as J>rovided Mr. IDTCHCOCK. It seems to me that if the United States for by the Secretary of State are not broad enough and full enters into a treaty with another counb·y providing a method enough to allow them to present their cases to the tribunal. of adjusting matters. the President is the one who can take the Do you think they are going to be satisfied if finally the arbi­ initiative in operating under that treaty. trator decides that the terms of the agreement are not broad Mr. UNDERWOOD. Why, certainly, if it does; but the only

enough 1 and they are thrown out? Had you not better stop this treaty It has entered into is the German treaty, and the Germnn - mornin

ina0 or eeking to proceed, were merely executing the terms of course, I take it that they will not amount to that much when th treaty entered into between the United States and Ger­ any tribunal finally reaches -a conclusion, because ome of th m many-terms which devolved upon the President and upon Ger­ are claims sounding in damages for destruction of life and many the procedure which they are now seeking to carry into property, and perhaps they have claimed more than the court effect? wi1.l find due; but when you come as a practical que tion to ~· r. fill)ERWOOD. I do not know what theory somebody operate on this case, your presidential, Executive order com­ mHy entertain, but such a position would be absolutely in con­ mission goes out to function in the matter, and it finds that A travention of everything that has been written into the law or has a claim against the German Government, any the Executive. Ver. ailles relating to this property of American claimants, that The Executive does not claim that be can dispose of it. It is it i a matter for the Congress to determine; yet we find the fixed by law in the Alien Property Custodian, and when you Executive making an agreement, without the request of the come to dispose of it, you have to do so by action of the Congr ~ American claimants, without the request of the Congress, with­ of the United States, with the approval of the President Of out anything in our treaties or the laws to justify it, and going course, the bill that I have introduced proposed to have a com­ on to proceed to consummate it. mission find these claims and give Germany a chance to pay ~Ir. HITCHCOCK. Mr. President, bas the Senator the tes­ them. If Germany pays them and Austria and Hungary pay timony of Mr. Palmer before him? them, give them back their property. That is what the bill I Mr. .1.IDERWOOD. I ha-ve not, but it has been published. have introduced proposes; but if they do not pay them, then we ~lr. HITCHCOCK. I do not remember particularly what he operate on the property that we have here. said. My recollection of the treaty itself, and of the testimony If the claims commission appointed by the President makes that came before the committee, was that the United States a finding and finds that certain American citizens have ju t Government could elect to take its proceeding either under the claims, I take it, of course, that the President will ask the h·eaty or in any other way it pleased. It was not stated that German Government-of course, the Austrian and Hungarian it was for Congress to decide, but for the GoveTnment of the Governments are not yet represented ; they may be at a later United States. time-the President will ask the German Government, so far as Mr. UNDERWOOD. He did say what the Senator says, but those claims are concerned, to pay them ; and if they do not pay that is not all he said. He also said that the final disposition them, wl;i.at are you going to do? Why, if those claims that his of this whole matter rested in the hands of the Congress of the joint commission bolds are good are to be operated on without United States. If the Senator has any doubt about it, while I the German Government paying the money, it will be neces ary have not the document lying on my desk, if he will have a page to come to Congress to get a law to pay them out of his alien get a copy of the hearings on the bill -that I introduced before property. Now, I want you to go with me just a step further. the subcommittee of the Senator from Iowa [Mr. CUY:lllNS] I said we would consider that the claim of A was found good, and read the testimony of Mr. A. Mitchell Palmer, the Alien and the claim of B was turned down by this pre idential com­ Property Cust dian, wbo was first in charge, he will see that mission. Do you think B, your constituent, is going to stay at Mr. A. Mitchell Palmer quoted the position of Mr. Bradley home in his town and consent to the turning down of his claim Palmer, who represented us at "Versailles, and quoted him clis­ by a commission with whose appointment he had nothing to rtinctJy on this point, that it Tras a matter for the Congress to do, that he did not invite, and that be probably will ay was determine. unfair, whether it was unfair or not? You know those ca e . Mr. .HITCHCOCK. illy recollection goes back further than He will proclaim that it was unfair, and he will come here to the testimony of Mr. Bradley Palmer. My recollection goes you and say that when you go to dispose of this German prop­ back to conversations had ''ith those who were present in Paris e:rty be wants you to provide for the payment of his claim out at the time this treaty was negotiated; and all that our nego­ of this property, as well as the other fellow's claim; and what tiators intended to do was not to be bound to submit these will you do? You will have a Pandora's box in the House of claims to a miXed tribunal, but for the G-Ovemment of the Representatives and in the Senate of the Unijed States in con~ • 1922. CONGRESSIONAL RECORD-SENATE. 13061

n~ction with this matter. You know you will. You know what "The agreement may be recorded by an exchange of notes, or claims are. it may be embodied in a protocol or memorandum. Instances Talk ahout a " pork-barrel " bill, as they used to call the river of adjustment and direct settlement are numerous. A notable nnd harbor bill sometimes, when every fellow got in his item. instance is that of the :Mora claim against Spain, finally settled In a situation of this kind where the claims of American citi- by the agreement of August 10, 1895, for the payment by Spain zens to the amount of hundreds of millions of dollars are in- of the sum of 1,500,000 gold pesos. An agreement for the set­ volwcl. you will have something a great deal worse than a pork- tlement and payment of the claim had originally been reached barrel bill. I say that if the Congress of the United States is I by exchange of notes in 1886, but the Spanish Cortes failed to wi~e, it is not going to blind itself and back into this sihiation vote the necessary appropriation. The Congress of the United without knowledge of what is going to happen. It will e tab- States, by a joint resolution approved 1\Iarch 2, 1895, requested Ji:-:h b~· law what it is going to clo and bind not only the the President to insist upon the payment of the sum so agreed Goyernment of the United States, but its nationals. its citizens, upon, with interest from the date when payment should have by the action of Congress before it starts into thi matter, not been made under the agreement.21 Another notable instance afterward . of agreement for direct settlement is recorded in notes ex- Of cour. e, I do not believe in this exeeutive commission ap- changed 1\Iay 28, 1881, between Sir Edward Thornton, British pointed by the President. I think he bas made a mistake. I do minister, and l\1r. Blaine, Secretary of State, in which the Gov­ uot think he has gone at it in the right way; but if you think so, ernment of Great Britain agreed to pay, and the Government if rou think his commission is broad enough to CO'rer this ques- of the United States agreed to receive, the sum of £15,000, in tion; if you think it is the wise -conclusion to reach-that it full satisfaction of claims of American fishermen for injuries shall be a mixed tribunal limited to the terms provided in the sustained in their fishing operations on the coasts of Newfound­ order of the President-then, I say to you, for beawn's ·ake land, with particular reference to the Fortune Bay episode of •·make it the law of the land now by congressional action, so that January 6, 1878. These claims grew out of mob enforcement of it will bind your Government and bind your nationals now. local regulations alleged by the GO'rernment of the United l\lake them go into the court and settle the claims there, once States to have been in violation of the fishery libertie secured anu for all, and do not have this proposition decided without to inhabitants of the United States under the treaty with Great law. without any binding effect, by a mere Executi"re order, and Britain of 1818. 22 il.len ha,·e it come back here to hang around the necks of the "Of important agreements for the submission to arbitration Congre of the United States for the next generation to come. of such claims, made and carried into effect without the advice There is not any question about that, l\Ir. President. I have and consent of the Senate, mention may be made of those re­ mr own vie"·point about it. I think we should decide this ques- corded in notes exchanged, or protocols of agreement signed, as tion in a different 'iYaY from the position taken by the Presi- follows: February 11-12, 1871, claims of citizens of the United dent; but I llo know that if you proceed in this way you bind States against Spain for injuries committed by Spanish au­ nobody. You are only creating trouble; and after a decision is thorities in Cuba; 23 Augu .t 17, 1874, claims of citizens against m:ule by the President's commission, and it come back here for Colombia for the seizure of the Montijo; June 13, 1891, claims finnl action, you will have to make it all over again, and you of American citizens and British subjects against Portugal on will llaYe citizem:; from every part of the United States knock- account of the redsion by the Portuguese Government of the ing at ~·o ur door, demanding your consideration of their claims. concession to the Lourenco Marques Railroad Co.· Julv 6 I nm not as101~ this morning that the Sena~e decide whether 1897, claim of the Cheek estate against Siam; 21 l\Iay' 28, 1884; the President i' right or wrong. All I am asking the Senate to 1\Iay 24, 1888 ; and October 18 1899, claims of Pelletier and clo i to strike out of this bill an appropriation and to give the Lazare Von Bokkelen and Met~ger & Co. respectively against Juuiciary Committee of the Sena~e a~ opport~ty to investi- Haiti;' l\Iarch 14, 1870, claims against Brazil resulti~g from gate aml report on a matter of Iegisl~tion pending before them, the wreck of the Canada; September 6, 1902. claims of Brenner anrl then let that come up anu be presented to the Senate as a et al. against Brazil· April 28 1902 claim of Sala & Co. matter of leg~sl~ti.on, co~sidered by a legislative committ~e, against the Dominic;n Republi~; Ja~uary 31, 1903, certain and not have it lilJected mto the Senate as a mere appropria- questions as to the time and manner of payments to be made tiu11, without warrant of law, by the Committee on Appropria- by the Dominican Republic to the San Domingo Improvement tious. Co. ; February 23, 1900, claim of Robert H. May against Guatemala and the counterclaim of Gautemala against :May; APPENDIX A. March 2, 1897, claims of Charles Obelander and Barbara Mes- [Excerpt from "Treaties, Their Making and Enforcement," by Samuel Senger against l\Iexico; March 22, 1900, amounts to be awarded B. Crandall, 2d edition, at p. 108.] by Nicaragua to Orr and Laubenheimer and the Post-Glover * • * * * * * Electric .Co.; May 17, 1898, amount of damages to be awarded "8Ec. 57. Adjustment and settlement of pecuniary claims of by Peru to Victor H. Maccord; December 19, 1901, claim of citizens against foreign Governments: The President, being in- the Salvador Commer~ial Co .. against ~alvador; Septe~ber 8 tru~ted with the right of conducting all negotiations with for- (Aug?st 26),. 1900, claims agamst R:ussia f?r the detention of eigu Governments, is the sole judge of the expediency of insti- cert~rn American scho_oners by Russian crmsers; May 22. ~02 tnting. conducting, or terminating them in respect of reclama- (ratified _by the. l\feXJ.c~ Senate, 1\Iay ~O, 1902), the Pious tions for injuries sustained by citizen abroad. Agreements I Fu?d claim aga_mst l\~e.:nco ;_ Fe~ruaryT 1,, 1903, the unsettled for the adjustment or settlement of pecuniary claims of citi- clalllls of. American citizens a~amst "\ enezuela ; May 7! 1903, zens against foreign Governments, which meet with the ap- the ~uestion of the. preferential treatment of the claims of prornl of tile claimants, and by which no obligation, except to · cer~arn powers !lgarnst Vene~uela; Februa:·y 13, 1909, _the rel:nquish the claim, is assumed on the part of the United claims of th_e Ormoco Steamship Co., the On~oco Corporat10n2i States, are not usually submitted to the Senate.19 President and the Umted St.ates & Venezuela Co. agamst Ve~ezuel~; Buchanan. in submitting to the Senate, February 9, 1860, an May 25, 1909, claim of George D. Emery Co. against N1ca· ag-reement with Venezuela, signed January 14, 1859, for tile set­ tlement of claims of citizens of the United State as the result " 21 28 Stats. at L. 975; For. Rel. 1894, Appendix I, 364, 450; For. Rel., 1895, II, 1162-1176. 22 of their expulsion by the Venezuelan authorities from the Aves " Proceedings in the North Atlantic Coast Fisheries Arbitration, Island, aid: 'Usually it is not deemed nece~sary to consult III, 736. Many references to the adjustment and direct settlement of claims of citizens may be found in the annual messages of the Presi­ the Senate in regard to similar instruments relating to private dents (See for instances, Richardson, Messages and Papers of the claims of small amount when the aggrieved parties are satisfied Presidents, IV, 263; For. Rel ..i. 1899, p. XV; id., 190-0, p. XXII. See with their term .' In the particular instance, it was thought also For. Rel. 1881, pp. 589-5::11 ; id., 1885, pp. 323, 493 ; id., 1894, p. advi8able on account of the unstable condition of the Venezuelan 287). " 23 In the case of Angarica v. Bayard, it was declared by the Su­ Government to give the agreement a formal ratification with preme Court of the District of Columbia that this agreement was not a the advice and consent of the Senate.20 treaty and that it could not modify the · operation of a statute even it such had been the intention ( 4 Mackey ( 1885) 310). "24. The case of E. V. Kellett, United States nee-consul general in '· 15 See in this relation, veto message of President Jackson, March 3, Siam, likewise submitted to a board of arbitration, involved the ques­ 183n (Richardson, Mes ages, and Papers of the Presidents, III, 146) ; tion of an affront to an American consular offic.er. (Moore, Int. Arb. opinion of Drake, C. J. in Great Western Insurance Co. v. United II, 1862.) States (19 C. Cls. 206, 217, s. c. 112 U. S. 193); decision of William " 20 Only the claim of the first-named company was finally submitted. R. Da:r, at·bltrator, in the claim of Metzger & Co. v. Haiti under the The claims of the others were settled and the settlements recorded in protocol igned October 18, 1899 (For. Rel. 1901, pp. 270-271) ; report pt·otocols signed September· 9, 1909, and August 21, 1909, respectively. of ;\Ir. Bayard, Secretary of State, to the President, January 30, 1887, The claim of A. F. Jaurett was settled and a memorandum of settle­ on the claims of Antonio Pelletier and A. H. Lazare v. Haiti tS. Ex. ment was signed at Caracas by ~fr. Buchanan and the Venezuelan Doc. No. 64, 49th Cong., 2d sess. 2-3, 19-20 ; United States v. Diekel­ minister for foreign affairs, February 13, 1909. A settlement of man (92 U. S. 520, 524); Frelinghuysen v. Key (110 U. S. 63). tbe case of the New York Bermudez Co. was reached on the same date "~ Ex. Journal, XI, 142. See Mr. Cass to Mr. Sanford, October by the claimant acting directly with the Yenezuelan Government. (Sen, 22, 1" 59 ( S. Ex. Doc. No. 10, 36th Cong., 2d se . 472). Doc. No. 13, 61st Cong., 1st sess., 10.) • 13062" co_._ GRESSIO :rAL RECORD-SENATE. SEPTE:~IBER 21,

21 ragua ; and December 1, WOD, the ~6..lsop claim against l'equire the constitutional assent of the Senate. o far R Chile." 21 known no agreement referring to arbitration claims of forei:?'ll­ ers against the United States has eTer been ntered into with­ AP'.PEXDIX B. out the ad-vice and consent of the Senate. [Excerpt from an a11kle entitled " International agreements without 'The following is a list of arbitration agreements which ha,~e tbe advice and con ent of the Senate," by James F. Barnett, Yale been entered into by the President since 1870 and which w-ere Law JoUl'nal, .1. ' ovember and December, 1905, at page 76 of the De­ cember ·' ·ue.] not referred to the Senate : xxx. FOREIGN STATE, DATE, A.SD CHARACTER 0!' CLAIMS. "4. One of tbe principal duties of the Department of State BRAZIL. relate to the protection of Ame-rican citizens abroad. If the '' 1\Iarch 14, 1870: Ship Oanada, w1·eeked through t11e unlaw­ , citizen receive an injury to person or property in a foreign ful interference of Brazilian authorities. country and the local tribunals or other authorities unjustly COLOMBIA. deny him redress the department will as a rule present his "August 17, 1874: Seizure annio against Spain., submitted in 1885 (Moore, Int. .Arb. H, 1055. 1060) ; the claim for the seizure of the Good Ret11,m against VENKZt;ELA. bile, ubmicted in 1873. which was subsequently -settled by direct "February 17, 1903: All claims owned by citizens of the agreement (id., 1466-1468) ; the claim of Henry Savage .against Guatemala, submitted by agreement signed May 4, 1864 (id., 1855, United States against Venezuela which have not been ettled 1857) ; the claim of Doctor Ashmore against China, submitted in 1884 by diplomatic agreement or by arbitration. (id. 1857) ; and the claim of various citizens against Haiti, resulting DOMINICA::-l RlilPUBLIC. from riots in Port au Prince in 1883 (id. 1850). See also For. ReL, 1904;.. p. 368; Moore, Int. Law Digest, I, 50-51. Of claims against "January 31, 1903: Claims of San Domingo ImproYem nt the uovernment of the United States of nominal amounts adjusted by Co. et al., for relinquishment of certain railroad and other the Executive, note may be made of the claims of Zambrano, formally presented by the Mexican ambassado1~ and settled by the Secretary of properties ; also for bonds of Republic owed by claimants. ( 41 State by the payment of $!;00 (For. 1.tel. 1904, pp. 481, 482), and the Moore, International Arbitrators, T. 4687, 4698, 4768, 4770, 480~- claim of Luciano Arestuche, · ettled by the payment to the Cuban Gov­ ernment of 500 (For. Rel. 1905, pp. 276, 277 279). 13y an arrange­ 4808. Foreign Relations of U. S. 1900, Appendix I, 3; ibiu., ment ffected by exchange of note between tne1 lJnited States, Great 1903, 804. CONGRESSIONAL RECORD, February 13, 1905.) Britain. and Germany, in 1900 (For. Rel. 1900, pp. 476, 627 899, "An important international engagement, entered into by the 902). the arbitrator llllder the treaty betw~n tho e powers of Novem­ ber 7, 1899, was requested to include in his awards claims of foreign­ President alone, and which on account of its adjustment of ers not under tbe jurisdiction of the treaty power , to which by the claims of American citizens may be put under this head, WHS treaty be was limited. As the result of this arrangement the United the final protocol signed by the allies at Peking September 7, Rtate was found liable for claims of Danish subjects in the sum of $760 (Sen. Doc. No. 160, 69th Cong., lat sess.), and of French sub­ 1901, after the termination of the Boxer uprising. It con­ jects in the Stim of 3,391.13 (H. Doc. No. 612, 59th Con~., 1st se s.). tained provisions -for the payment of indemnity to American An act of Congress, .approved June BO, 1906, made provision for -the citizens, as well as to the subjects of other power ; it created payment of the e amounts. See for agreement between Great Britain and the United States that each should pay one-half of the amount an international commission to receirn and distribute the in­ found due German wbjects (Sen. Doc. No. 85, 59th Cong. 1st sess.). demnity; and assigned as security for payment the re"°enue of The que tion of the fault of the U. S. S. Smi Jacinto for the1 collision the Ohinese maritime and other customs. It also contained w1th the Frene •brig J'llles et Marie on No"Tember- 3, 1861, was re­ ferred by the Executive to a commission composed of American and provisions of a political character, such as the punishment of French naval officer , with a naval officer of Italy as arbiter. It was Chine e officials involved in the Boxer uprising, the razing of found that the eolll Ion resulted through the :fault of the Ban Jacinto, tbe Taku forts, the prohibition of the importation of ai·ms and and that the Rum of $9,500 would be an equitable allowance to the injured party (Ricba.rclson, Message. \I, 142). By an act approved ammunition for two years, a definition of the limits of the lega­ !>ecember 15, 1862, Congress ma.de provision for the payment to the tion quarter. a reform ill the Chine:::e Ministry •of Foreign Affair , French Government of the amount so found due." (12 Stats. at L. 912.) the improvement of navigation of certain Chinese rivers, etc. 1922. CONGRESSIONAL RECORD-SENATE. 13063 • "Although gtipulating a date for the withdrawal of the mili­ affect the Tital interests, tbe independence, or the honor of tary forces of the allies from Peking, and therefore partaking tb~ two conuacting States and do not concern the interests of of the character of a peace protocol, it can not be so regarded, third parties.' becan: e war in the legal sense lrad not existed between fue °' The second article reads thus : allies and China. As has been poi'nted out, a J)eace J>rotocol ,, 'In each individual case the high contracting parties, be­ does· not require the as ent of the Senate, being an exercise of fore appealing to the Permanent Court of Arbitration, shall con­ the waT power intrnsted to the President. But the agreement clude a special agreement defining clearly the matter in dis­ is preliminal.'Y and contemplates a subsequent embodiment of. pute and the scope of the powers of the arbitrators an-cl fixing its terms in ~ formal treaty. Th-e protocol of September 7, 1901, the periods fro: the formation of the arl>itral tribunal and the wa to all intents and purposes a de:firu"'t:e arrangement." several stages of the procedure.' " 'While the treaties were pending before the Senate various APPENDIX C. questions were •raised as to ·their probable effect. It was sug­ {Excerpt from " The Treaty-Making Power Under the Con titution," by gested, among other things, th.at they might require the United John W. Foster, Yale Law Jou'l'nn.l, ]!)eeember, 19Ql.] States to submit to arblttation claims against same of the " * * * There are a class of execnttve acts of a diplomatic individual States e>f the Union on account of repudiated or Charader which at first glance would seem to be an indepen­ llllpaid debts. In order to obviate this apprehension the Presi­ dent exercise of the treaty-making J>ower but which in a strict dent addressed a letter to Senator Cullom, chainnan of the sense can not 1be so regarded. •Of fhis class are agreements for Foreign 'Relations -Committee ·of the Senate, setting forth his the adjustment of claims of American citizens again t foreign vfows as to the inadmissibility of such claims and giving an go-Yerllments, which a.re often 'made by the Secretary ef State assurance that during his .administration they would not tre wrthout any reference ef the agreements to the Senate. The entertained. A more eriou question afterwards arose. mo t noted of these was the agreement of '1871, made "With "On January -20, 1905, there was signed at Santo Doming.o Spain foT the acIJn.stment by atbitration of the claims of ~ri­ City •lrY Commander A. C. Dillingham, United States NRVY, can ciUzen · arising out of the Cuban insurrection. The agree­ and Mr. Dawson, the American mi.IDster, on the one part, anfl m nt, made by a simple exchange of· notes, is included in an by the Dominicarn Ministe"I" •of Foreign Affairs -0n the other, a official volume of treaties (Treaties of the United States, 1839, protocol under which the United States was to guarantee the p. 1025), but it was neve-r submitted to the Senate '!rlvate clti:zens Kgainst 'foreign 'gov­ found to involve the econd article of the arbitration treaties. ernments a-re subject to political exigencies, and it is witliin the By this axticle,. as we have seen it was prEJvided that the discretion of the Executive to urge them diplomatically ~upon President should in each inaividual case, before appealing to fue foreign government or not; but their -submission is usually the permanent court o-f arbitrati&n, conclude a " special agree­ with the consent of the Claimant. ment," defining the matter in dispute and the sco-pe of the "No ease has yet occt:rrred where the Executive ba-s ente~ mbitrators' powers and fixing tile periods for the formation into an agreement for the adjnstment by arbitration of the of the a:rbitral tribtmal and the -several stages of the procedure. pr~Yate claim of a foreigner against the Uruted States without As announced in the press, tbe position was taken by Senat&rs securing the approval of the Senate in th foTm of a eon en­ that -the "special agreement" required in each case must be tion. The -reason for this may be that the Executi ean not in the form of a treaty duly submitted tc the Senate for its bind the Go~erfi°:Ient to the payment of money. * * * "' adtice and consent. The President, on the other hand, took the ground that the arbitration treaties, if approved by the APPENDIX D. Senate and afterwards ratified., would in themselves constitute [Excerpt from article entitled "Treaties ~ executive agreements," complete legislative acts which it would be within his powers by John B. Moore, Political Science Quarterly, "September, 1905, at a Executive to carry into effect as occasion might arise; and puge 385 et eq.] that if a new t:reaty were required in each particular ease, the 1. Q'uESTIO AS TO GENERAL AB.B.1'.'PRATrON TRE!.TIE '. general treaties would fail to accomplish their primary pur· "Duri'Ilg November and December, 1904, and !January, 1905, pose and would in reality constitute a step backward rather there were signed at Washington ·by Mr. Hay, on the pa.rt of than a step forward in the development of the practice of the L~ited States, and by Ure ministers of various other coun­ international arbitration b-y the United -States. Tl1e e news tries, 10 general tTeaties of arbitration. The treaties first con­ the Pre ident embodied in a letter to Senator Cullom, whieb cluded were those with France and Switze:rtand, which were was in the nature of a protest against the position which Sen­ Signed on November 1, 1904. Then came treaties in the order of ators were nnder toad to have taken. On i·eceiving this let· date with Portugal, Great Britain, Italy, Spain, Anstria-Hnn­ ter the Senate with only seven dissenting otes immediately• gary, Mexico, and Sweden and Norway, that with Sweden and amended the treaties by striking ont of the sec&nd article the Norway being signed on January 20, 1905. All these agree­ word "agreement" and substituting for it th~ word " treaty," m':mt were duly submitted to the s~mate. A similar treaty so that it would be neces ary in each individual case befo1'0 was aftenvards signed with J a pun ; but, in view of the dfffer­ proceeding to arbitration to conclude a special " treaty " defin­ ences which had arisen as to the instruments previously nego­ ing the matter in dispute alld the scope of the arbitrators~ tiated, it was not transmitted to the Senate. powers as wen as fixing the periods tor tl1e formation of the "All the treaties ab01'e mentioned were b ed upon the same tribunal and the several stages of the procedure. When the model, namely, a treaty of arbit:ration between Great Britain treaties as thus amended were returned to the President it and France, which was concluded at London on October 14, was anneunced that he would nat submit them in their 1903. The signing of this treaty was followed by the conclu­ a:menned form to the other Gind the Government of·the United Stat es to, the.. payment of claims.' In February, 1893; ~ ~oster, l\1r-. Blaine's succes:.. money. in the absence of authority of law, the · President has- sor; referring to a. remark made by ' the American· minister at n \"er undertaken to settle- claims against the United States, Madrid as to the possible conclusion; of a 'convention for the except by means. of a treaty 01~ by means of- an· agreement con- adjustment of the 1\Iora' claim and the claims of1 Spanisll elm.led ad referendum to Congress, subjects: against the- United States, said: (2) BY EXECUTIVE AGREE.ME ."T. ''-'The :Mora. claim· has· been regarded by· this Government· as already ID. liquidated and adjusted claim, only awaiting an ap­ " But, a has. heretofore bee.n pointed out,_ pecuniary claims propriation by the Spanish· Cortes' for its final payment. It against foreign govei:nments lk'l..ve con rt;antly-been settled by the should- not therefor be placed in the category of unadjusted ·Pre ideut, and no question as to his. po se sion of such· a claims,' 1\lr: Gre ham, Mr. Foster's-successor; writing to Mr; powe1:, apart from · discus ions as to its possible limitations;, . TaylOr, the American· minister at· l\1adrld, on Jttly; 14, 1893"; appenr ever to have been: seriously raised-. We~· therefor~ declared' that the Uniteci States 'could not recognize. parlia­ fintl in._ the books little: that bears upon the subject;· hut, in mentary difficulties· in the wa'Y of securing an appropriation at lea t one case in which a foreign ·government suught to' ·for the Morn claim as in any way relieving Spain from her qualify an agreement made with. the President; the v.alidity di ti.net and- unconditional obligation to pay that claim.' In and finality . of· his action were- vigorously asserted by the a- note of December 29, 1894; to the Spanish ministru: of state, G argo.­ of tbe mo~t practicable mode of payment; of which due informa- ments of the Spanish Government that the l\lora case was not tion woulcl be given. On December 7, Mr. Curry·, under instruc- 'one of those matters of strict· justice which require- immedl­ tions of his Government, accepted this offe:r ; and a claus.e- was· ate reparation' and that the· agreement to paY, the claim was· inserted in the Cuban budget of 1887'-88- for the payment· of conditional and- not uncondittona-l, reaffirmed· the position that the money. This. budget, however, was not passed; the Cortes the agreement was 'unconditional,' and fllrther: declared that avoiding action upon it by renewing- the appropriations of the· a.U departments of the Spanish· Government were, bound by it preceding year; and when, in April, 1888, the colonial budget and that~ no· one department c-0uld nullify it, and that, whether for 1888-89 was submitted, the provision for payment ~ was the Spanish Government did or did not receive the income omitted-. When Mr~ Curry inquired as to the· reason f<>r the· from Mora's. estates was a question 'immaterial' to th& omission, l\fr. Moret replied that, in view of the- debates: 'rights ' of· the United· States or the 'obligations-' of Spain. which had taken place in the Chamber· of ·Deputies, the Govern- Nevertheless, delay in the payment of the money continued~ ment w-as convinced that the Chamber would not- vote the and· at length. Congress. by a joint resolution approved., Ma..rch· money unle..,s th~ 'totality ' of American claims was settled, 2, 1895; requested the-. President ' to insist upon the- payment' including those of Spain against the United States, At the. of the.. sum- agreed upon. between: the Governments· or Spaiq­ same time l\fr. Moret· deelared that· the Government did· not- and the United States in liquidation of th.e claim of Antonio­ as ume to alter what bad been· a.greed on, but. must judge· when· Maxi.mo Mora:-. against• the GoYermnent-of Spain, with interest it would be opportune to lay the matter before the Cortes; from the time- when the said amount should have been paid' The Government of the United States expressed- its confidence- under the agreement. (For the corre~ponaence and the: jc:>int that 'the Spanish Government would not repudiate the ar- resolution, see Foreign Relations, H394, Appendix· I, PP~ 364-. rangement which was cleliberately concluded in it name and.. 450-; ibid. 1895, Part II, p. 1163'.) by its aut.hority.' Ne·rnrtheless, in consequence of the: oppo- "Instructions in conformity with the re-Folution were sent· sition manife ted in the Cortes- to the settlement ~ which had-' to, the "legation of th'e United: States at l\ladrid, and like--repre- , 13066 OONGRESSIONAL RECORD---SENATE. SEPTEl\IBER 21,,

sentatlons were made to the Spanish minister at Washington, 11 It would be a work of supererogation to attempt to cite all urging an immediate payment on account and an arrangement the cases in which the Executive of the United States has for the early discharge of the remainder, should. Spain be settled individual claims against foreign governments without unable to· pay the full amount at once. On July 20, 1895, the reference to the Senate, but the more important examples may, Spanish minister at Washington handed to Mr. Olney the text be given, including those in which the process of arbitration of a i•esolution of the council, approved by the queen regent, has been employed. in which it was stated that, ' in view of the facts shown of " By a convention signed at Caracas on May 1, 1852, claims of record and of the conclusions formulated by the ministers and citizens of the United States against Venezuela, growing out a subcommittee of reference,' it had been decided to notify of the seizure of certain vessels, were settled for the sum of the United States that Spain, 'in fulfillment of the engagement $90,000 with interest to date of payment. An agreement, con­ contracted by the notes exchanged on the 29th of November cluded seven years later (January 14, 1859), for the settlement and the 7th of December, 1886,' was prepared to proceed to the of claims of citizens of the United States on account of their payment of 1,500,000 pesos in three installments; the form and expulsion from the Aves Islands, was submitted to the Senate date of payment to be determined by agreements. On the 10th President Buchanan remarking that ' usually ' it ·was ' not of the following August an agreement, signed by Mr. Olney, as deemed necessary to consult the Senate in regard to similar Secretary of State, and by 1\1r. Depuy de Lome, Spanish min­ instruments relating to private claims of small amount when ister, and by two representatives of the claimant and other in­ the aggrieved parties are satisfied with their terms,' but that terested per ons. was entered into for the payment, on or before it was thought advisable in the present instance on account of September 15, of 1,500,000 gold pesos, ' in full discharge and satis­ the instability of the Venezuelan Government. (Executive Jour­ faction not only of the principal sum agreed to be pa.id,' but nal, vol. xi, p. 142.) By a protocol signed at Washington on also of any amount that might be claimed to be due as interest. February 17, 1903, all claims of citizens of the United States This payment was duly made. (Foreigii Relations, 1895, pt. ii, against Venezuela, which had not been previously settled by pp. 1162, 1163, 1166, 1170, 1171, 1176.) diplomatic agreement, were submitted to a mixed commission. "The conclusiveness of the settlement was thus finally main­ The claims, }Vith interest, amounted to upwards of $81,000,000; tained, in spite of Spain's contention that the agreement should the awards of the commission, with interest, to $436,450.70. In be treated as having been made subject to the approval of the connection with this settlement the nonblockading powers con­ Cortes. No matter what view might be taken of this con­ curred with the blockading powers, under agreements concluded tention. the way was open to Spain ·to make it, since the coun­ by the latter with Venezuela on May 7, 1904, in submitting to try was in a state of tranquillity and all the departments of The Hague tribunal the question whether the blockading pow­ the Government were in the full exercise of their constitutional ers had a right to the preferential payment of their claims. functions. Had a dictatorship existed and the constitutional "In 1858 it was agreed by an exchange of notes between 1\fr. guaranties been suspended, the case would have been obviously Reed, the American minister, and the Chinese autho1ities that different. Such a condition of things has often existed even a fund of 600,000 taels should be raised in China out of duties in recent years, especially in the countries of Spanish America, collected on American goods and bottoms at three treaty ports where international agreements of the most important char­ for the payment of American claims. This agreement Mr. acter have been entered into and carried into effect by the Reed afterwards modified by concluding the convention of chief executive in the exercise of dictatorial powers. Even November 8, 1858. In 1884 the American minister arranged territorial questions have been so settled. The treaty of com­ with the taotai of Swatow to refer to two of the· foreign con­ merce, navigation, boundaries, and extradition between Brazil suls at that port the claim of an American citizen namemmercial Co. and other was executed and put into effect by President Vasquez, in the citizens of the United States, stockholders in the Salvarrespondence in 1870 it was left to theory on which such settlements rest is simple. Arbitration is arbitrators to assess the damages in the claim of the American in such cases only one of the modes by which the President steamer Lloyd Aspinwall against the Government of Spain on exercises his power to settle claims of individuals against for­ account of the seizure and detention of the vessel by the Spani h eign governments. If, in the exercise of this power, differenc~s authorities in Cuba. By a similar agreement in 1885 the claims arise which apparently can not be directly solved, it is a natural growing out of the seizure of the American bark Masonic by and obvious thing to submit them to the judgment of impartial the Spanish authorities at Manila was referred to Baron Blanc, persons. As early as September 5, 1793, Mr. Jefferson, as Sec­ Italian minister at Madrid. But far more important than these retary of State, when discussing with the British minister the was the agreement effected at Madrid by an exchange·or notes question of losses sustained by vessels unlawfully captured on February 11-12, 1871, under which all claims of citizens of within American jurisdiction proposed as a provisional measure the United States against the Government of Spain for wrongs .that the collector of customs of the particular district and the and injuries committed against their persons and property by British consul. ' or any other person you please,' should ' ap­ the authorities of Spain in Cuba since the commencement of the point persons to establish the value of the vessel and cargo.' insurrection in 1868 were submitted to a mi:x:ed commi sion (American State Papers, Foreign Relations, vol. i, pp. 174, consisting of two arbitrators and an umpire. These claims in­ 173.) .V.Qlved questions of great internatknal importance, including the 1922. CONGRESSIONAL RECORD-SEN ATE. , 13067 validity of decrees of the Spanish Government and of legal pro­ 1897. By an agreement with Russia, signed September 8, 1900, ceedings against both persons and property in Cuba. Qu~tions various claims for the detention of American sealing vessels by analogous to those inrnlved in the Virginia case eventually came Russian cruisers were submitted to arbitration. The submis· before the commission, as well a.s many questions of nationality sion involved important questions as to marine jurisdiction. or citizenship. The commission remained in existence more " One of the most interesting of the arbitrations of the tha.n 10 years. It adjourned December 27, 1882, and the last United States under executive agreements is that relating to awards of the umpire were filed on February 22, 1883. the Delagoa Bay Railway, under a protocol between the United 11 The amount of the claims presented to the commission was States, Great Britain, and Portugal, signed at Berne on June more than $30,000,000, exclusive of interest. The total sum 13, 1891. The railway was constructed under a concession orig· awarded was $1,293,450.55. Immooiately after the conclusion inally granted to an American citizen named McMurdo. Mc· of the agreement Congress appropriated $15,000 for the United Murdo transferred his concession to a Portuguese company, States' share of the expenses. Appropriations were thereafter which was in turn financed by an English company. The tak­ regularly made for the same purpose, the whole amount con­ ing possession of the railway by the Portuguese Government in tributed by the United States being $126,324.59. (Moore, Inter­ 1889 gave rise to interesting and complicated questions as to national Arbitrations, vol. ii, pp. 1019-1053.) the rights of McMurdo, as well as of the English investors. "The seizure and detention of the American steamer Montijo Both the United States and Great Britain intervened for the in Colombia in 1871 gave rise to claims against that Govern­ protection of the interests of their respective citizens, and on ment. These claims involved various important questi6ns, in­ the demand of the United States, which was supported by the cluding that of the liability of a government for the acts of British Government, the case was referred to three Swiss insurgents. They were submitted to arbitration under a pro­ jurists, ·who in 1899 rendered an award in favor of the United tocol signed" at Bogota August 17, 1874, and an award was States ·and Great Britain for the sum of $4,670,000. rendered in favor of the United States. (Moore, International " On several occasions claims against the Dominican Republic Arbitrations, vol. ii, pp. 1426-1446.) have been settled under executive agreements. In 1898 an 11 On several occasions claims against Haiti have been set­ American engineer, acting under such an agreement, rendered tled in a similar manner. The award of the arbitrator in the an award in favor Qf the United States for $74,411.17, with cases of Pelletier and Lazare under the protocol signed at interest at 6 per cent for two and a half years, on account of Washington May 28, 1884, was not enforced, because in the the seizure of the Ozama Bridge by the Dominican Gov.ern­ case of Pelletier the arbitrator misconstrued his power, and ment. On April 30, 1904, an award was made by arbitrators of in the case of Lazare, as it was alleged, he did not have the the sum of $215,812 on account of arms, ammunition, and benefit of certain important evidence. By an exchange of cor­ other articles furnished by the firm of Sala & Co. to the respondence at Port au Prince in 1885 the Am_er~can mini~ter Dominican Government while General Heureaux was President. arranged for the adjustment by a mixed comm1ss10n of claims The arbitral proceeding was conducted under a convention of citizens of the United States against the Government of signed on April 28, 1902. Haiti growing out of riots at Port au Prince. The claims were "By a protocol signed at Santo Domingo City January 31, of small amount. (Moore, International Arbitrations, vol. ii, 1903, provision was made for submitting to a mixed commission p. 1859.) In the case of C. A. Van Bokkelen, a citizen of the the question of the terms on which the Dominican Government United States, against Haiti, growing out of his imprison­ should pay the sum of $4,500,000 which that Government had ment and detention in violation of treaty rights, an award agreed to pay in consideration of the cession to it of all accounts, was rendered in favor of the United States under a protocol claims, and properties of the San Domingo Improvement Co. signed at Washington on May 24, 1888, for the sum of $60,~. and its allied companies, including their rights in the railway (Moore, International Arbitrations, vol. ii, p .. 1809.) The from Puerto Plata to Santiago, and in settlement of all differ~ claim of certain citizens of the United States agamst the Gov- ences, as well as in consideration of the relinquishment by ernment of Haiti, on account of the seizure and sale of their the improvement company of its right to collect the revenues at goods, was adjusted in a similar manner under _a protocol all ports of the Republic. The protocol expressly required signed at Washington on October 18, 1899. The arbitrator, the the arbitrators to fix the mode in which the moneys to be Hon. William R. Day, rendered an award in favor of the paid under it should be collected. By the award rendered on claimant for $23,000. (Foreign Relations, 1901, p. 276.) July 14, 1904, it was decreed that the money should be paid in "The claims of two American citizens named Oberlander certain monthly installments and that in case of default it and Messenger agalnst the Government of Mexico were dis­ should be collected at certain Dominican ports by an agent posed of by arbitration under a protocol signed on March ~. to be appointed by the United States. 1897, by Mr. Olney, Secretary of State, and Mr. Romero, Mexi­ " It thus appears that if we include only the more formal can minister. (Foreign Relations, 1897, pp. 382-388.) Under a settlements there have been 31 cases in which claims against protocol concluded on May 22, 1902, the claim of the Pious foreign governments have been settled by executive agreement Fund of the Californias was referred to the Hague tribunal, and that 27 arbitrations have been held under such agree­ which decided that 1\lexico should pay to the United States ments, as against 19 under treaties, where the settlement em­ the sum of $1,420,682.67, and in each succeeding year in per­ braced claims against the foreign government alone and not petuity the sum of $43,050.99 in money having legal currency against the United States. · in 1\lexico. (Foreign Relations, 1902, appendix ii.) · " In connection with the arbitration under the protocol with "Under a protocol signed at Washington, February .23, 1900, the Dominican Republic of January 31, 1903, it may be pointed a claim of a citizen of the United States named May against out that on various occasions the customs or other specific reve­ the Government of Guatemala for a debt alleged to be due him nues of foreign countries have been pledged for the payment of under certain railway construction contracts with that Govern­ American claims (e. g., conventions with China, November 8, ment and for damages caused by the Guatemalan civil and mili­ 1858, and September 7, 1901; with Colombia, September 10, tary authorities, was· submitt-ed to the British minister in Cen­ 1857, art. 3; with Costa Rica, July 2, 1860, art. 4; with Ecuador, tral America, who awarded the claimant $143,750.73. (Foreign November 25, 1862, art. 3; with Mexico, April 11, 1839, art. 6, Relations, 1900, p. 674.) and January 30, 1843, art. 4; witl! Peru, March 17, 1841, art. 6; " Claims against Nicaragua of small amount were submitted with Venezuela, February 17, 1903, art. 5). Provision has also to arbitration under a protocol signed at Washington on March been made in certain cases for the direct collection of such 22, 1900. (Foreign Relations, 1900, p. 824.) So by a protocol revenues in the event of the failure of the local government to signed at Washington on May 17, 1898, the claim of a citizen of make the stipulated payments; but, as the cases in which such the United States against Peru was referred to the chief justice o:t' arrangement has been necessary have been comparatively in­ Canada. In 1897 the complaint of E. V. Kellett, United States vice frequent, at any rate in the experience of the United States in consul general in Siam, on account of an assault committed upon such matters, it is proper to refer particularly to certain prece­ him by soldiers of that Government, was disposed of by a joint dents in which the subject has been either discussed or prac­ commission. (Moore, International Arbitrations, vol. 2, p.1862.) tically dealt with. _ "In the same year the claim of a citizen of the United States "In 1880 the Venezuelan Government appealed to the United against the Siamese Government growing out of breaches by States for its interposition in difficulties which had arisen be­ the latter of an agreement for the working of the teak forests tween Venezuela and France, because the former Government was submitted under a protocol signed at Bangkok July 26, had fallen into arrears in payments due to the latter on the 1897, to the governor of the Straits Settlements, by whom an settlement of claims against Venezuela effected in 1864. As it award was rendered in favor of the United States for $200,000 was represented that there was danger that France would insti­ in gold. (Foreign Relations, 1897, p. 479; Moore, International tute a blockade of Venezuelan ports and take possession of the Arbitrations, vol. 2, p. 1908.) Certain claims against Chile customhouses for the purpose of collecting the money, and as were directly settled by an agreement concluded on May 24, there were conflicting claims as to preference among for~ign LXII-824 l306S C10NGRESSION AL ,RECORD-SE TE. 8EPTE:Ml3ER .21, credito1·s, Veneznela ·proposed :to deliver centllin rmonthly sums mony .of 'Mr. 'Bradley Palmer nor in the !testimony of anybody to the ;Qovernment of 1he United .States, iwhlch iWas :to dis­ else ,· there a:ny uggestion a to !the method of ascertaining tribute. the mone.y -among all ihe !foreign creditors. l\Ir. :Evarts, the amounts.. All that ·is ·a question of detail. But "it is the who was then Secretary .of State, intimated that the :prop al preliminary step, of course. J:t must be taken. would be fa.v01:ably entertained if it should prove to 1be ac­ 1n all 'Cases, whether the Alabama ·claims, under treaty or ceptable 1:0 all the creditor Governments. Sub equently, no claims under executive agreement, the Governm nt app~ar"' axrangement ha'tiirg been effected, r. :Eval!ts's ·successor, Mr. for the claimant. A '.Private claimant would have a very p r Blaine, iaatin:g in the ·name of the President, Lin t:ructed the experience if he ·attempted to enforce a pI.'ivate claim against American minister at Paris to suggest ;that 'the United •States a foreign •government, becau e it is universal 'for a claimant to would 1place an agent in 10aracas to .receive such 11'1lOnthly be represented by the 6-overnment. mms ·from ¥imezuela as 1might ·be -agreed upon and distribute "This does ·not ·repudiate the law; it does not repudiate trea­ Ulem among ·tb.e creditor nations, and that, in case the Ven­ ties. It Simply provides a method for :ascerta:ining the amount ezuelan Government should ·default for more ithan ·three -months crf the claims as a preliminary tep. No claimant need submit in the ~regulftr ·installmen , the -agent appointed 1by the :United his claim through ·the Government of the United States. Every States should ·be 'authorized to take charge 'Of the custom­ claimant vho desires to do it, of .course, ·has the opportunity. houses at .La Guayxn and :Puerto Cabello, and 1:reserve from He can collect ms claim in ome other way iif po ible. the ·monthly rece.ipm a sufficient -s111Il to ·pay the stipulated TWs_is -an execnti-ve agreement, and all it does is to •provide amounts, with 10 .per cent additional, handing •over •to the au­ a method -of 'ascertaining the amount of the claims. There iB tllorized .agent .of the ;v enezael.an Government all ·the •remainder no question about their merit . That is settled by treaty. Bot collect.ed.' the .amounts mu t l.Je ascertained. " 'It was,' said 1\1.r. Blaine, '·the judgment of the •President ·On that commission are •one American representative, one that an arrangement rof this lkind •would give all •Feasona.ble German repr.esentative, and an American umpire, practicaUy a security to .each of the ,'Creditor ·na:tions;' (Foreign rRelations, third American member. So it is entirely in our control, du t 1 1, :pp. 121.17-1218.l) The French 1Govemment •afterwards •ar­ as 'lllUCh as under the commission ·propo ed ·by the Senator 'from ranged "ts differences directly with 1the ·Venezuelan 'Govem­ ~abama. 1.lh~ ·Only tthlng is ·that the Germans .a:re repre ented, ment •and tbe ,proposal of ·the 1United ~state as ·not ctrrtied which they -wt>ultl hav-e to be in 1a:ny event, by counsel or in into ·effect. some other way. ''.An ·aotoal ·arran"'ement, to wllich .the United 'States Jis •a tJ have not with ·me the letter ·which 1:he Secretary of State pai:ty, for ·tlle collection of moneys from a foreign government wrote in regard to it I have ent for it, and I thought it haU by means.of the sequestration of1cu toms duties is that effected been .printed, but 'Lb.ave not been ttble to ·put my hand on it. by 1the -p.rot-Ocol 1between 1Cbina ,and the ·allied. owers, •which l\lr. UI\"'I)ERWOOD. iI . eut it .to the ae k thi morning. rn.· · "gned 11t .Pelting epternber 1, 901. ".By this .protocol Mr. LODGE. ·1 would ·be very glad if I could .have the Jetter China agreed to pay to the allied power , .one ,of hi"Ch ·was of the ·Secretary .-of State, in •wllich he cited the precedents. 'I the nited ta1es, :an tindenmity of 450,000 000 ttaels 1:0 cover ilave ·ent for it, but 'the tate Department .moves with some he claims of gavernments, aompan:ies, or societies, and prl­ deliberation, and 11 ·11ave •not r-et received it. J only wanted to v :t .indh:iduals. iFor 1the •Ccillection of this debt a -eommis ton 'C.Elll attention briefly to the :precedents 'Of rexecutive .agreements of 1bankers w.a created .on which each ·of the foreign power to ·settle American · c1aim against foreign :governments. There is Teplie ented >lly 'a delegaie, and speeiii'c revenues ·arre -assigned ai-e plenty .of •weeeaents fo1· it. ·ith ·all deference, I do not for th 1payment of :the debt. These revenues :embrace (1} 'the think claims -are affected by a consideration of the fact as to balance of 1:he mvenues ~ of the .imperial maritime customs (the hether tthey ·g1-ew out of a techriical tate of iwar or ·whether foreign 1 enti.ce under -Sir Robert .Hairt) a:fter :payment ()f 'the bey g1-.ew out of war, or any other trouble . amounts :p:re\iou ly pledged •El ecurity for prior loans~ (2.) ·the •F-or in tance, take the t>a e Df the !Boxer rebellion, as ·it ·wa Fevenue -Of :the native rCUStOID , Which ,a:re administered iin the called, fa •Uhina, wl1ich has 'been mentioned. e did not de­ open part by :the impe1ia1 maritime 'CU toms; and (3) the c1are war ·On 'China, ·nor did the other •nations who intervened, ·totnl. r-e:venues uf the salt gabelle exclusive of !the portion •but we ·ent troops out which tormed the city of •Pekin and previou ly · et iaside ior 'Other forehm loans. took po ... ession ofiit. Th n theTe was an-a11Teement·among the ''.A. till later eocample, :wl:ti

As to the rapidity of congressional action, as compared with l\fr. FRANCE. :May I inquire bow Jong it will take to dis­ exec:utiYe agreements, I call attention to the settlement of pose of the deficiency appropriation blll? the French claims, which we got by treaty about a hu:nd!·ed and l\1r. CURTIS. That will have to be answered by the ·chair­ twenty years ago, and which are not all settled yet. They have man of the Committee on Appropriation . I think after the disturbed many Congresses, and about three-fomths of them pending amendment is disposed of it will take but a short have been paid. I instance that as an example of the rapidity time. · with which Congre s deals wHh these questions. I think we Mr. WARREN. I believe ~fter the pending amendment is can trust one commission as well as another. acted on there will be very little more discussion, if any. I can not understand another point that was made, about Mr. FRANCE. I am willing to consent to temporarily laying not including the Ltrni.tania . claims. The Secretary of State aside the unfinished business if it will not be unreasonably de­ says the agreement includes the L'usitania claims. The lan­ layed. I do not think it should be laid aside for any great guage is: length of time. Otber claims for lo s or damage to which the United States or its Mr. CURTIS. As soon as the pending amendment is disposed nationals have been · subjected with respect to injuries to persons or of, which is the only one that is in controversy, I think it will to propert,}. not take very much more time to dispose of the bill. Of course, If taking a man's life is not an injury to a person, I do not a demand for the regular order would bring the unfinished busi­ know what you would call an injury to a person. ness before the Senate. 1\lr. UNDERWOOD. Of course, I do not make that as a l\1r. UJ\1DERWOOD. I do not care to foreclo e my position in statement of. fact. I merely stated that the lawyer represent­ the matter by making any agreement, but I will say for the ing one of the claimants-and, of course, he wanted his claim in­ Senator's information that so far as I am concerned I really cluded-wTote a letter to me before the Secretary made his do not expect at this time to proceecl veu mnch further with statement, ·saying that the language covers only property and the particular item. I think probably after getting a vote on injury to the person of a claimant, and does not cover-- it y,·e can dispose of the bill "ithout very much more discu s~on. Mr. LODGE. That is something read into the language The PRESIDING OFFICER. I s there objection to the re­ which bas no place there. quest of the Senator from Kan as? The Chair bears none, and Mr. UNDERWOOD. I do not say this lawyer is right or the unfinished business is temporarily laid aside. The Senator that he is ''"rong, but he represents a claimant; he is an able from Alabama will proceed. lawyer, and he contends that the language of submission is 1\11' •. UNDERWOOD. The Senator from ~1as~mchm:etts con ­ not as broad as the Secretary of State says it is, ane tribunal gress. Nothing could create so great delay; nothing could be appointed by the President, they need not do so. Of course, so wrong to the claimants, in my judgment, as to stop this they need not do so. No one can compel them to do so. But appropriation and prevent this claims commission from operat­ what I say ought to be uone is to fix the terms of the agree­ ing. I sincerely hope that the amount suggested by the Com­ ment by law. If you think the President has the right, enact mittee on Appropriations will be allowed. a law to sustain him. If bis agreement i · broad enou~h and Mr. UNDERWOOD. l\fr. President, the Senator from l\las­ right enough, enaet a law o that eYerybody will be bound by it. sacbusetts, who of course has had great experience in the mat­ But if you are not willing to do that, then I do not think you ter of treaties and claims, says that the settlement of these ought to appropriate the money. claims without the permis ion of the claimants is a usual Kow, as to the illustration made hy the Senator from Massa­ thing; that the permission of the claimants has nothing to do chusetts in reference to the French claims, it bas nothing in with it. Some two rears ago, when the treaty of Versailles was the world to do ·with this matter so far a. the presentation of up before us, the Senator from Ma sachusetts filed with the Con­ claims is concerned. There was a vast deal of property in­ gress, not a full statement of settlements of claims, or so-callerl jured by cruisers of the French Government 120 year ago and agreements or treaties made with foreign nations, but in order we, as a Government, protesteduced in reference to the e matters provides for almost the call the Chair will put the question to the Senate. identical action that Congress took in reference t-0 the Spanish Mr. SUTHERLAl'IT) (when hi name wa called). I transfer War claims commission. After that tribunal wound up its my general pair with the senior Senator from Arkansas [Mr. work and rendered its verdi~t we never heard of it; that was RoBINSON] to the junior Senator from Vermont [)lr. PAGE], an<1 the end of it, because we had established a tribunal and fixed \Ote "naj." the Terdict by law. Mr. WARREN (when his name was called). I tran fer my There is nothing to bind the claimants in this . case. They regular pair with the junior Senator from Xorth Carolina [~Ir. are injected into this proposal without their consent, without OvER:M.A..:.~] to the senior Senator from New York [Mr. \\ADS­ their desire; but when Congress establishes a court in which W'ORTH], and vote "nay." American citizens may present their claims, and the method ls The ro.ll call was concluded. fixed by law, when a decision is rendered their matters are h1r. KELLOGG. I transfer my general pair with the enior foreclosed. That, however, is not done in this instance. Senator from North Carolina [:Mr. Sru::MONS] to the junior Sen­ Mr. HITCHCOCK. I think tbe action has the force of law, ator from Maryland [l\Ir. WELLER], and vote "nay." for it is taken under a treaty made by the 'United States, and ~lr. DILLINGHAM (when his name was called). I inquire a treaty is the highest law of the land. The President acts whether the Senator from Virginia [Mr. Guss] ha voted? under the treaty in agreeing with Germany upon the selection of The PRESIDING OFFICER. The Chair is informed the a commi sion. Of course, Congress might withhold an appro­ Senator from Virginia has not voted . priation for expen es of the commission and end the matter l\~r. DILLINGHAM:. I have a general pair with that Senator, in that way, but that will only mean further delay. The com­ which I transfer to the Sen tor from Pennsyl--rnnia [Mr. PEP­ mis ion constituted under the terms of the treaty as inter­ PER], and vote "nay." preted by the President will be just as legal and just as bind­ l\1r. McCORMICK (after having voted in the negative). I ing a tribunal to settle claims as would be one created by the transfer my pair with the junior Senator from Wy-0ming [~lr. act of the House and the Senate. KE m:R.IcK] to the junior Senator from Wa hington [Mr. POIN­ :llr. KING. Mr. President, will the Senator yield to me? DEXTER] and allow my vote to stand. Mr. HITCHCOCK. I yield. Mr. CURTIS. I desire to announce the following pairs: l\lr. KIXG. I should like to ask the Senator how the claim­ The Senator from K-ew Jersey [Mr. FRELn"OHUYSD\] with the ants, if an award shall be made in their behalf by this com­ Senator from Montana [l\Ir. WALSH]; mission, will be paid? The Senator from California [Ur. JOHNSO~] with the Sena­ Ur. HITCHCOCK. Undoubtedly they can not be paid until tor from Georgia [Mr. W .A.i'SON] ; Congress acts upon the result. The Senator from Illinois [l\lr. McKINLEY] with the Senator Mr. KING. Well, who will pay them-the German· Gov­ from Arkansas [Mr. CAB.A.WAY]; ernment? The Senator from Missouri [Mr. SPEXCER] with the Senator 1\Ir. HITCHCOCK. If Germany pays and the claimants from Georgia [Mr. HARRIS] ; accept payment, that will end the matter; but if Germany The junior Senator from Ohio [l\Ir. WILLIS] with the senior will not pay, the probability is that Congress will have to pro­ Senator from Ohio [Mr. PoMERENE] ; vide that some of the property now held in trust shall be used The Senator from New Jersey [l\lr. EDGE] with the Senator for the purpose of paying these claims, and Congress ulti­ from Oklahop.ia [lli. OWEN] ; and mately will have to do that, of course, because it ha juri dic­ The Senator from Maine [l\Ir. FERN.ALD] with the Senator tion over the property which is held by the Alien Property from Kew Mexico [1\1r. JoNEs]. Custodian. I wish further to announce that the junior Senator from Ohio Mr. Kll~G. Then it is the theory of the Senator that Con­ [Mr. WILLIS] is detained from the Senate on account of serious gress, after a wards shall have been made by. this comrnission- illnes in his family. 1 am assuming that awards will be made-will by act confis­ The PRESIDING OFFICER. Under the rule, the Chair will cate the property now in the hands of the .Alien Property Cus­ now put the question to the Senate, Shall the Senator from todian, at least to the extent of a sufficient a.mount to meet Iowa [Mr. CuJ.n.cms] and the Senator from South Dakota all the awards that may be made by the commission? [l\lr. STERLING], for the rea ons assigned by them, be excused Mr. HITCHCOCK. 1\1r. President, that is another question from voting on this question? Tho e in favor of excusing and another story, and it is a good way off. W.e can not them will say ''aye." [A pause]. Those opposed "no." [A. reach that now under any theory in this case. What we are pau e]. '.The "ayes" have it, and the Senators are excused to decide to-day is whether we shall make a beginning fqr from \Oting. the purpose of ascertaining claims which have been neglected The Secretary will recapitulate the vote. for four years. I think it ought to be done, and I believe the The vote was recapitulated, and the result was announced­ President is justified in interpreting the Versailles treaty as he reas, 18 ; nays, 39 ; as follows : has interpreted it. YEAS-18. The PRESIDING OFFICER. The que tion i".I on the amend­ Brou ard Heflin Sheppard Underwood Culber on King Shields Walsh, Mas. ment proposed by the Senator from Alabama [Mr. UNDERWOOD]. Dial McKeilar Stanley Williams Mr. UNDERWOOD. I ask for the yeas and nays on my Fletcher Myers Swan on amendment. Harri on Ransdell Trammell The :reas and nays were ordered, and the reading clerk pro­ NAYS-39. ceeded to call the roll. Ball Ernst McCumber Phipps Brandegee France McLean Raw on Mr. CUMMINS (when his name was called). Mr. President, Bur um Gooding 1\kXary hortridge I ask to be excused from voting on this question for the reason Calder Hitchcock: Mo es Smoot that, as chairman of the subcommittee having in charge the Cameron Jones, Wash. Nelson Stanfield Cavper Kellogg New Sutherland measure which the Senator from Alabama [Mr. U?'\-i>ERWOOD] Colt Keye Newberry Townsend has mentioned, it will become necessary for me to pass upon Curti La. Follette Nichol on Warren the same question, directly or indirectly, and I do not want to Dillingham Lodge Norbeck Watson, Ind. prejudge the matter or foreclose myself by voting upon this du Pont McCormick Oddie question. NOT Y-OTING-39. Ashurst Hale Overman f:immons The PRESIDING OFFICER. After the roll c.a11 shall haTe Bo.rah Hllrreld Owen Smith been concluded the Chair will put the question whether or not Caraway Harris Page Spencer Cummins J o~son Pepper Sterling the Senator from Iowa shall be excused from voting. Edge Jone , N. Mex. Pittman Wadsworth Mr. HARRISON (when his name was called). I transfer my Elkins Kendrick Poindoexter Wal b, Mont. general pair with the junior Senator from West Virginia [Mr. Fernald Ladd Pomerene Wat, on, Ga. Frelinghuysen Lenroot Reed, Mo. Weller Er.K!Ns] to the senior Senator from Ne-vada [Ur. PITTMAN], Gen-y McKinley Reed, Pa. Willis and vote " yea." Glass N<>rris Robinson A-fr. STERLING (when his name was called). Mr. President, So Mr. UNnERWoon's amendment was rejected. I am a member of the subcommittee of the Committee on tbe Mr. CUMMINS. Mr. President, I offer the amendment which JUdiciary appointed to consider the bill introduced by the Sen­ I send to the desk. ator from Alabama [Mr. Uxnrawooo]. The cllairman of that The PRESIDING OFFICER. The amendment will be stated. committee, the Senator from Iowa [l\Ir. Cm.i:MINS], has given The READING C:LERK. It is proposed to insert, at the proper his reasons for asking to be excused from T-Oting. Being prac­ place in the bill, the following: tically in the same situation in regard to that bill, I, . for the To carry out the provisions of the act of February 17, 1911, '· To same reason that he gave, ask to be excused from voting. promote the safety ot employees and travelers upon railroads by com- • 13072 CONGRESSIONAL RECORD-SEN ATE. SEPTEMBER 21 pelling common carriers enga "'ed in interstate commerce to equip their The PRESIDENT pro tempore. The Senator from Wyoming focomotive · with safe and uitable boilers and appurtenances thereto," as amended, as follows : asks unanimous consent that the amendment which he now For salaries of 35 additional inspectors who e employment ls hereby proposes be agreed to. The amendment will be stated. authorized for nine months at the rate of $3,000 pei.- annum each, The READING CLERK. On page 7, after line 6, it is proposed $78,750; for per diem in lieu of subsistence fol' said inspectors for nine months, :i;37,800; for transportation foi.- said inspectors for nine to insert: months, $37,800; for allowances to said inspectors for nine months, Relief of American citizens and their relatives: For relief of Ameri­ $15,750; in all, nscal year 1923, $170,100. can citizens and their relatives who have been victims of the recent march on myrna and the burning of that city, to be expended under l\lr. WARREN. Mr. President, that matter has been con­ the directon and supervision of the Secretary of State, to be imme- sidered by the Committee on Appropriations, and was not in­ diately available, $200,000. • cluded in the bill because it brings up a legal question, and The PRESIDENT pro tempore. Is there objection to th~ therefore it was decided that it should be offered from the floor. amendment? The Chair hears none, and the amendment is By all means I think it should be adopted, and so far as the unanimously agreed to. committee is concerned there is no objection on the part of any Mr. W AilREN. I ask that there may be printed, in this con­ member of the committee to the adoption of the amendment nection the Pre !dent's letter and also the letter from the Act­ that is offered. ing Secretary of State. l\lr. CU.l\11\UNS. Mr. President, in view of the very general The PRESIDENT pro tempore. Without objection, it is ·o sentiment of the Senate upon this matter, and in view of the ordered. condition which prevails throughout the country with regard The letters referred to are as follows: to the equipment, especially the motive power, of the railroads, THE WHITE HOUSE, I do not intend to consume a single minute in explanation or Washington, September !O, 19!t . in defense of this amendment. I content myself by saying Hon. FRANCIS E. WARRE:-1, that there never was a time when the work of the inspectors Unitea States Senate, Wa'8hington, D. o. MY DEAR SE'.'IATOR WARREN : 1 am inclosing to you herewith a letter was so neces. ary to the preservation of life, as well as of prop­ which I have just this moment received from Undersecretary Phil· erty, as at this time. The force of inspectors is not sufficient lips relating to the destitution among Americans and American refu· to do the work required of them at any time, least of all at gees who have been the victims of the march on Smyrna and the burning of that city. It is very apparent that we have an obligation thi time; and I sincerely hope that every Senator here will to afford relief which can not be met by private funds of American favor the amendment. I recognize that a single objection would relief organizations. I am writing to request, therefore, if it meet the approval of the Senate, that you add an appropriation of $200,000 defeat it; but I have faith enough in my brother Senators to to the pending deficiency bill which may be expended in nece sai.-y believe that under the circumstances which now exist there relief of American citizens and their relatives. The letter of Undet·· will not be a single voice raised against it. secretary Phillips suggest that the appropriation be made available for expenditure at the discretion of the President, but I think it would 1\fr. HAilRISON. ~fr. President, last week, when the Li­ be quite as well to lodge the disci.-etion in the authority of the Secre­ berian loan joint re olution was being considered, I offered tary 6f State. It i not an important matter either way. I do think an amendment carrying an appropriation of $150,000, I be­ it is desirable to kave available functs with which to meet the pres.·ing need of relief, and I have no doubt that the Congre will concur in lieve, to provide for more inspectors to inspect the locomotives this opinion. throughout the country. I presented at that time facts that Very truly yours, I thought should convince the Senate and the Congress that WARREX G. HARDI~G. immediate consideration should be giv.en to the proposition. I was delighted at that time that the chairman of the Com­ DEPARTl\IEXT OF STATJI, mittee on Inter tate Commerce, the Senator froi:n Iowa [Mr. Washington, ' eptem1> er ZO, JJJi?J. The PRESIDEXT, CUMMINS], voiced sentiments similar to my own, and advo­ The White Hou e. cated the adoption of that amendment, as well as the Senator MY DEAR l\IR. PRESIDEXT: In re ponse to your reque- t for informa­ from Kansas, and other Senators. That amendment is now tion regarding American citizens made de titute a a r ult of the the pending amendment to the Liberian loan joint resolution, disaster in Smyrna and the recent military operation in Anatolia, I beg to inform you of the receipt of the follo,ving telegraphic informa­ having been pending for some days. tion from our officials in t he Kear East. I am very much delighted that this amendment is being On Septembe.I:' 14 Consul General Horton reported hi arrival at offered, and that the committee is going to accept it. When Piraeus from Smyrna with 150 destitute Americans and stated that approximately 350 more American refugees were expected to reach that we get to the consideration of the Liberian loan joint resolu­ port the next day. tion, if this amendment is adopted, I shall withdraw the amend­ On September 15 Con. ul Morris telegraphed from Saloniki that "GOO ment that I proposed to that measure. I think it is quite destitute American-Greek refugees " had arrived from Smyrna. A recent dispatch from Admiral Bristol reports that a numbN· of necessary, and it should be adopted immediately. Americans are arriving in Smyrna from the interior of the country Mr. DIAL. Mr. Pre ident, I am not fnlly posted.· about the and indicates that there are a number of destitute .American till in intention of the amendment; but, while I shall not oppose it, that city apart from those who have already been evacuated to Con­ stantinople as well as to Greek ports. I very much fear that it will cripple the service more than it The department has telegraphed to Constantinople, Athens, and will expedite it. It occurs to me that the railroads ought to Saloniki for detailed information as to the exact number of dt'stitute haT"e enough ability to inspect their own engines ap.d keep Americans whose temporary maintenance or repatriation may be r e­ quired. In the ab ence of replies to the e t elegrams it is difficult to them going. What I fear is that these Government inspectors give final infoi.-mation but it would be safe to assume that the number will interfere with them, and will tie up engines that ought of American citizens m1 need of relief would not be les than 1.000 a nd to be in use, and we need every available engine now to move that this number would be considerably larger if the families and near in relatives of these persons were included. the commodities of the country; but, deference to the Sen­ In view of this situation and considering the fact that the depart­ ator proposing the amendment, I shall not object. ment has no funds available for this purpO'. e, I would suggest the The PRESIDING OFFICER. The question is on agreeing de irability of an appropriation of 200,000, to be expended a t youi­ discretion through American official in the Near Ea t for the relief of to the amendment of the Senator from Iowa. American citizens and their immediate relatives and for the repatria­ The amendment was agreed to. tion of destitute Americans. Mr. WARREN. I a k the Secretary to turn to page 4, line Faithfully yours, WILLIAl\I PHILLIPS. 20, as I desire to make a correction. I ask unanimous consent l\fr. STERLING. Mr. President, I offer the amendment to strike oat the words "approved September -, 1922." which I send to the de k. The PRESIDENT pro tempore. That amendment has been The PRESIDENT pro tempore. The amendment will be agreed to. Without objection, the vote by which the amend­ stated. ment wa agreed to is reconsidered, and it is now open to The READING CLERK. On page 6, after line 16, it is propo ·ed amendment. to insert: Mr. WARREN. I now move to strike out the words I have Spillway and drainage ditch Lake Andes, S. Dak. : For the con­ indicated. struction of a spillway and drainage ditch to lower and maintain the The PRESIDENT pro tempore. The amendment to the level of Lake Andes, s. Dak., in accordance with the act entitled " An act providing for the construction of a spillway and drainage ditch amendment will be tated. to lower and maintain the level of Lake Andes, . Dak.," approved Sep­ The READr a CLERK. On page 4, line 20, it is proposed .to tember 21, 1922, $50,000, or o muah thereof as may be neces ary, to strike out "appro\ed September -, 1922." be immediately available. The amendment to the amendment was agreed to. The PRESIDENT pro tempore. The question is upon agree­ The amendment, as amended, was agreed to. ing to the amendment. 1\fr. W .A.RREJN. l\Ir. Pre ident, I ask unanimous consent to The amendment was agreed to. offer the amendment which I send to the desk. It is a matter l\fr. l\IcCUMBER. Mr. President, on page 6. after the amend­ requested by the Pre ident of the United States-that $200,000 ment just agreed to, I offer the amendment which I nd to t he be included in the bill for the relief of American citizens who desk. · were sufferers in the Smyrna fire. I ask unanimous consent The PRESIDENT pro tempore. The Secretary will tate the for the con iderat.ion of the amendment. amendment. 1922. CONGRESSIONAL RECORD-SEN ATE. 13073

the American forces of Vera Cruz, Mexico, in 1914, as . et forth in The P...EADINO CLE.RK. Following the amendment relative to Senate Document No. 252 submitted to Congress at 1ts pre ent se ·sion, Arnles, S. Dak., just agreed to, on page 6, line 16, insert the $45,518.59. following: The amendment was agreed to. Wahpeton Indian School Wahpeton1 :K. Dak. : For the purchase of The next amendment was, on page 9, after line 7, to insert: additional land for the Wahpeton Indian School, $65,000, the same to WAR DEPARTMENT. be immediately a>ailable. FINANCE DEPARTMENT. The amendment was agreed to. Claims for damages to and loss of private property : For paJIDent .Ir. LEl\ItOOT. Mr. Pre ident, a parliamentary inquiry. of claims for damages to and lo s of private property incident to the The PRESIDE... IT pro tempore. The Senator will state his training, practice, operation, or maintenance of the Army that have accrued, or may hereafter accrue from time to time. $93,163.47 : Pro­ inquiry. v-idea, That settlement of such claims shall be made by the General Ur. LENROOT. Haze the two previous amendments on the Accounting Office, upon the approval and recommendation of the ~ec­ same ubject been agreed to? retar:v of ·War, where the amount of damages has been ascertained by the War Department and payment thereof will ·be accepted by the he PRESIDENT pro tempore. · They bave not been agreed owners of the property in tu.11 satisfaction of such damages: Prorided to as an entirety. further, That this amount ball be available exclusively for the pay­ :\Ir. LENROOT. The Senator from North Dakota asked to, ment of claims in excess of $500 which ·have been approved and haYe the amendment inserted immediately following the one recommended by the Secretnry of War. which has just been agreed to. The amendment was agreed to. The PRESIDK ~T pro tempore. Following the amendment of The next amendment was, at the top of page 10, to insert : the Senator from South Dakota. JUDGME~TS, U~HTED STA.TES COURTS. llr. LENROOT. These amendments have not yet been acted For payment of the final judgments and decrees, including costN of suits which have been rendered under the provisions of the act of upon? March 3, 1887, entitled "An act to provide for the bringing of uits ~Ir. W ARRE:N. They have been acted upon. We had pro­ against the Government of the United States," certified to Congre s ceeded to pagG 7, I understand. during the present session in ·Senate Document No. 255, and which have not been appealed, namely : )fr. LENROOT. I am informed at the desk that that is not Under the War .Department, $9,786.96, together with such additional the fact. sum as may be necessary to pay interest on the respective judgments The PRESIDENT pro tempore. The Secretary will state the at the rate of 4 per cent per annum trom the date thereof until the time this appropriation is made. next amendment of the committee. .For payment of the judgment rendered against the United States by The next amendment of the Committee on Appropriations the District Court f>f the United States for the Di. trict of New Jersey, "\\a:. at the top of page 5, to insert: sitting in .admiralty, and certified to Congress in Senate Document :Xo. 258 of the present session, under the Navy Department, $2,787.65. DEPA.RT.MENT OF COMllERCE. For pay.ment of the judgment rendered.against the United States by BUREAU OF FOREIG~ A!m DOMESTIC COMMERCE. the District Court of the United States for the .Eastern District of China trade act: To carry out the provisions of the act entitled Virginia, sitting in admiralty, and certified to Congre s in Senate " Cbina trade act, 1922," including per onal services in the District of Document No. ~8 of the present ;Session, under the Navy Department, Columbia and elsewhere from October 1, 1922, to June 30, 1923, as fol­ $7,402.45. lows : Registrar at $10,000 per annum, two assistant registrars at The amendment was agreed to. $5 000 per annum each, two clerks at $2,500 per annum each, clerk at $:!;000 per annum, two clerks at' $1;500 per annum. each, and two clerks The next amendment was, at the top of page 11, to insert : at $1 000 per annum each; rent outside the District of Columbia, JUDGYEYTS, COURT OF CLAIMS. , traYel' and subsistence expenses of officers and employees, purchase of For payment of the judgments rendered by the Court of Claims and Decessary furniture and equipment, stationery and supplies, and all reported to Congress during the present session in 8enate Document othe~· nece ary expenses not included in the foregoing, fiscal year 1923, No. 256, namely: ~=~5 . 000. Under the• Treasury Department, $1,410.23 ; Tbe amendment was agreed to. Under the War Department, $619.41 · Under the Navy Department, $119,226.71; The next amendment was, on page 5, ·after line 15, to insert: Under the Post Office Department, $16,584.82 ; INTERIOR DEPARTMENT. Under the United States Shipping Board, $146,193.54; In all, $284,034.71. GENERAL LA~D OFFICE. None of the judgments contained herein.shall be paid until the right Oregon and California railroad lands and Coos Bay wagon-road lands : of appeal shall have expired To enable the Secretary of the Interior, with the co.operation of the The Secretary of the Interior is hereby authorized and directed to Seuetary of Agriculture or otherwise, as in his judgment may be .most pay to Robert L. Owen and associates, ewho are plainti.J'fs in the ease adyi able to establish and maintain a patrol to pre-vent trespass and of Wirt K. Winton, administrator of Charles F. W.inton.1.. dee.eased, and to guard 'against and check fires upon the lands .revested in the United others against Jack Amo and others, in case No. 298~1, the sum of States by the act approveo June 9, ~916, and the lands known as the $175,000, out of any funds now or hereafter due the Mississippi Choe: oo Bay wagon.-road lands involved in the case of Southern Oregon taws under the judgment of the Court of Claims rendered on June 12, Co. r. L'nited States (No. 2711. in the Circuit Court of Appeals of the 1922, in favor of the above-cited plaintlfl'.s against the Mis issippt l\inth Circuit), fi ca.I year 1922, 10,169.57. Choctaws. The amendment was agreed to. The amendment was agreed to. Ur. :\IcNARY. On page 5, before line 1, I move to insert the The next.amendment was, on page 11, after line 21, to insert : followin2' amendment. AUDITED CLAIMS. The PRESIDENT pro tempore. The Secretary will state the -SEC. 3. That for the payment of the following claims, certified to be amendment. due by the General Accounting Office under appropriations the balanees The READDG CLERK. At the top of page 5, before the item of ·which have been exhausted -0r carried to the surplus fund under the pr-0visions of s~tion 5 of the act of June 20, 1874, and uat'ler appro­ "Department of Commerce," insert the.following: priations heretofore treated as permanent, being for the 'Service -0f the DEP..\.R'J:MEKT OF AGRICULTURJl. fiscal year 1920 and prior years, unless otherwise stated, and which The appropriation of $103,600 made for the fiscal year .1923 for the have been certified to Congress under section 2 of the act of Julv 7, enforcement of the future trading act, approved August 24, 1921, shall 1884, as fully . set forth in .Senate Document No. 204, reported to Con­ b available for carrying into effect the prov1 ions of the grain futures gre s at its present se sion, there is appropriated as follows: act, approved September 21, 1922. INDEPmNDmNT OFFICES. For salaries and expenses, Committee on Public Information, $8.36. )fr. WARREN. l\fr. President, the subject matter has been For United States Tariff Commission, $3.20. considered by the committee. ..The amendment provides for no For preservation and collections, National Museum, $22.51. appropriation and should be agreed to. For fuel, lights, etc., State, War, and Navy Department Buildings, $173.47. The amendment was agreed to. For Interstate Commerce Commission, $228.46. The next amendment of the Committee on Appropriations For salaries and expenses Veterans' ..Bmeau, $16.24. was. on page 6, after line 3, to insert: For vocational rehabilitation, Veterans' Bureau, $H.60. 4 IN"DlA.N .&FF.A.ms. DEPABTMENT OF AGRICULTURE. Rapid City Indian School, Rapid City, ·s.. D~.: For rebuilding .and For miscellaneous expenses, Department of Agriculture, $83Al. refurni ·bing the boys' dormitory at the Rapid City Indian School, For general expenses, Bureau of Animal Industry, $89.72. Rapid City, S. Dak., which dormitory was recently destroyed by fire, For meat inspection, Bureau of Animal Industry, $2.40. $50,000, fiscal year 1923, $50,000. For general expenses, Forest Service, ,757.72. For general expenses, Bureau of Chemistry $3.22. The amendment was agreed to. For genera.I expenses, Bureau of Soils, $34.29. The next amendment was, on page 6, after line ·9, to insert: For general expenses, ·Bureau of Entomology, $8.98. For general expeuses, Bureau of Biological Survey, 557.80. Tomah Indian School, Tomah, Wis. : For rebuilding and refurnishing For general expenses, States Relations Service, $4.75. the school building at the Tomah Indian School, Tomah, Wis., reeently For stimulating agriculture and facilitating di tribution .of products, dei:tro;ved by fire, $50.000, fiscal year 1923, in accordance with the $61.02. pron.dons of the act of August 24, 1922 (Public No. 289, 67th Cong.,. DEPABTME)l'T OB' COMMEBCJD. 2d ·e~s.), 50,000. ·For commercial attaches, Department of Commerce, $62.77. The amendment was agl'eed to. 'For general expenses, Coast and Geodetic Survey, 84 cents. The next amendment was, under the heading " Department For party expenses, Coast and Geodetic Survey, $1,129.22. after For repairs of vessels, Coast and Geodetic Survey, $27. of tate," on page 6, line 23, to insert: For motor-driven vessels and lmmches, Coast Survey, $46.50. Payment to nationals of Spain, France, Great '"Britain, Germany, For general expenses, Bureau of St:andar

INT ERIOR DEPARTME. ·T. For Coa t Guard, 2,313.78. For scientific library, Patent Office, $16.35. For pay of acting a sistant urgeon , Public Health Service, $75. For , expenses of special inspector , Depal'tment of the Interior, For fuel, light, and water, Public Health Service, 180.68. $34:16. For books, Public Health Service, 15.04. For protecting public land., timber, etc., 47.63. For pay of per onnel and maintenance of hospitals, Public Health For urveying the public Innil , $61.46. ervice, 1,285.64. For Geological Survey, $35.44. . For field investigations of public health, 24 cents. For testing fuel, Bureau of :Mine , $26.61. For expenses, Dirtsion of Venereal Disease , Public Health Service, For mineral mining investigations, Bureau of Mines, $292.92. 54 cents. For operating mine rescue cars, Bureau of Mines, $30iJ.16. For general expen e of public buildings, $8.88. For increase of compensation, Indian Service, 216.49. For operating force for public buildings, $42.82. For Indian schools, support $35.31. For furniture nod repairs of same for P,Ublic buildinll , 171.37. J!,or Indian school and agency buildings, $505.18. For operating supplies for public bullding , $326.1:18. For In.clian school transportation, $5.33. For indu trial work and care of timber, $20.73. WAR DEPARTMENT, For purchase and transportation of Indian supplies, $5,794.30. For contingent expenses, War Department, 25 cents. For pay of Indian police, $26.36. For increase of compen ation, l\lilitary Establi hment, $6,599.56. For general exoense . Indian Service, $27.36. For civilian military training camp , $52.98. For industry a"mong Indians, $41.11. For registration and ·election for military service, $1,889.70. For soppre sing contagious diseases among live stock of Indians, For Signal Service of the Army, $18,879.79. $1'51. For Air Service, military, 718.62. For water rnpply for stock and increa ing grazing range on un- For Air Service. production 341.57. allotted Indian land .. 3,336.30. For increa e for aviation, hmal Corps, $794.51. For Indian chool, Fort Bidwell, Calif., $300. For pay, etc., of the Army, 751.52. For Indian school, Greenville, Calif., $41.10. For mileage to officer· and contract surge.on , $490.95. For support of Indians, Blackfeet Agency, Mont., $5 4.14. For general appropriation. , Quartermaster Corps, 302.484.67. For highway from Mesa Verde National Park to Gallup, N. Mex., For clothing and camp and gaITi on equipage., $6.50. $330.51. For tran portation of the Army and its supplies, 41.18. J<,or education, Sioux Nation, South Dakota, $119.13. For barracks and quarters, $105.20. For Indian school, Tomah, Wis., repairs and improvements, $22.18. For road , walk , wharve , and drainage, $23. DEPAR'BIEXT OF JUSTICE. For construction and repair of hospitals, $1,346. For supplies, service , and transportation, Quarterma ter Corps, For contingent e:i.-pe.nses. Department of Justice, stationery, $3.35. 273,275.17. For detection and pro ~ ecution of crimes, 3, 719.06. For medical and ho pital department, . 4.799.91, For inspection of prison and pri oners, 22 cents. For engineer, operations in the field , 393.33. For United tates penitentiary, Atlanta, Ga., $2. For ordnance service, 415.82. For salarie , fees, and e.xpen es of marshals, United States courts, For ordnance stores, ammunition, l,839.2ri. $371.54. For manufacture of arm , $288.26. For alaries and expent>es of di trict attorneys, United States courts, For ordnance tores and supplies. 583.88. 1.678.13. For automatic rifles, 3,516.68. For pay of special a si tant attorneys, United States court , $89.17. For arming, equipping, and training the National Guard, $1.037.72. For fees of juror , nited States courts $15. For electrical and sound-ranging equipment, etc., $168.10. For miscellaneous expenses, nited States courts, $6. For gun and mortar batterie , $156.56. For support of pri oners, United States courts, $898.47. For fire control at fortifications, $249.6ti. For fees of commi ioners, Cnited States courts, $97.85. For armament of fortification , $39,316.88. DEPARTME~T OF LABOR. For proving grounds, Arm:v, $4.68. For increase of compensation, Department of Labor, $12.67. For proving ground facilifie , $23.25. For contingent expenses, Department of Labor, $124.47. For fortifications in insuJa1· pos es ions, $75. • For payment of judgments against collectors of customs (Immigration !<'or replacing medical supplies. 27. Service), $379.50. For replacing ordnance and ordnance store , 59.24. For advanced transportation, United States Employment Service, For engineer equipment of b·oops. $5,3 9.94. $12.uO. For Air Service, Army, 10,206.75. For War Emergency Employment Service, $4.80. For repair of arsenals. ~37. 74. For national security and defense, Depal'tment of Labor, $37.97, For library. Surgeon General's Office, $7.39. For Employment 'ervice, Department of Labor, $15.73. For military post exchanges, $6.40. For expense of regulating immigration, $87.19. For quartermaster suppliet>, equipment, etc., Reserve Officers' Train· For miscellaneous ex-pen es, Bureau of Naturalization, $4.24. ing Corp ', 219.18. Fol' maintenance etc., fire-control installation at seacoast defense , NAVY DEP.ARTJ\IE~T. insular possessions, Signal 'ervice, $7. For pay, miscellaneous, $929.55. For dispo. ition of remains of officers, soldier , and civilian em- For increase of compen ation, Naval Establishment, $296.18. ployees, $672.22. For aviation, Navy, 3,690.59. For .i:·ational Home for Di abled Volunteer Soldiers, clothlng, $34.43. For pay, :Marine Corp , $3,468.18. For headstones for graves of soldiel's, $15.37. For maintenance, Quartermaster's Department, Marine Corp , For increase of compensation, iive.rs and harbors, U,323.07. $1.4G9.18. For testing machines, $18.63. For contingent, Marine Corps, $49. For maintenance, United States Military Academy, $48.155. For 1Tan portation, Bure.au of Navigation, $12,091.92. For outfits on first enli tment, Bureau of Navigation, $935.96. POST OFFICE DEPA.RTl\fENT-POST.AL ERVICll, For instruments and supplies, Bureau of Navigation, $167. Fol' clerks, fir t and second class post office , $446.89. For ordnance and ordnance stores, Bureau of Ordnance, $35.84. For railroad tran portation, $11,043.70. For Medical Department, Bureau of Medicine and Surgery, $2.33. For Star Route Service, $165.10. For contingent, Bure.au of Medicine and Surgery, $207.50. For telegraphing, 1.33. For bringing home remains of officers, etc., Navy Department, $4a0.80. For indemnities domestic mail, $239.79. For pay of the Navy, $46,840.61. For Railway Mail Service ( alaries), $19.90. For provisions, Navy, Bureau of Supplies and Accounts, $1,115.44. For Railway Mail Sen-ice (miscellaneous expen e), 61 cents. For maintenance, Bureau of Supplies and Accounts, $269.83. For rewards, $100. For freight, Bureau of Supplies and Account , .$31,888.29. For compensation to postmasters, $283.37. For fuel and tran portation, Bureau of Supplies and Accounts, For indelllJ1ities, international registered mail, 132.57. $6.700.65. For balances due foreign countries, 10.333.11. For construction and repair, Bureau of Construction and Re.pail', For foreign mail transportation, ~2.904.19. $410.83. For compensation to as i tant postma ter, $338.72. For engineering, Bureau of Steam Engineering, $2,674.49. For Mail Messenger Service, $438.87. For Rnl'al Delivery Service, $63.69.- DEPARTMENT OF STAT». For mi cellaneons items, ffrst and second cla post offices, $115. For salarie , charg~s d'a1Iaire ad interini, $961.11. For vehicle service, $498. For salaries of secretariesi Diploma tic Service, $8.85. For temporary city deliver1 carriers, $805.50. For transportation of dip omatic and consular officers, $9,193.35. For city delivery carriers, <11393.56. For clerks at emba ies and legations, $95.83. For special deliver¥ fees, $381.84. For contingent expen:ses, foreign missions, $1,606.30. For post office eqmpmPnt and supplie , $4.50. For salaries, Consulat· Service, $1,251.09. For Village Delivery Service, 3.75. For post allowance to diplomatic and consular officer , $3,339.34. For rent, light. and fuel, $225. For allowance for clerks at consulates, 1,259.24. For clerks, third-class post offices, $75. - For salarie , interpreters to consulates, $3,019.10. For temporary clerk hire, $:?2.40. For relief and protection of American seamen, $2,814.39. For Power Boat and A€roplane Service, $7.27 . . For contin.,.ent expen e~, United States consulate , 2,191.60. For freight on stamped paper and mail bag , $123.35. For repre entation of intere. t of foreign governments growing out For railroad tran portation, 4.04. of hostilities in Europe, $1,183.58. For hipment of supplies, 6.41. For national security and defense, Department of State, $948.80. Total, audited claims, section 3, ~ 935,226.67. TREASURY DEPARTMENT. The amendment was agreed to. For increase of compensation, Trea. ury Department, $39.34. Mr. McNARY. I ask that we turn to page 11, line 21, and For contingent expeu es, Independent Treasury, $5.':l.9. For e.xpen es of loan , act September 24, 1917, as amended, $38,- after the word "Choctaw " in that line I offer the following 292.97. amendment. For contingent expenses, Tre.asur Department; stationery, $128.76. The PRESIDENT pro tempore. The Secretary will state the For collecting the revenue from customs, $29.91. For salarles and expen es of collector , etc., of internal revenue, amendment. $2.89. The READING CLERK. On page 11, line 21, after the word For allowance or drawback (internal revenue), $16,972.25. . " Choctaws " and before the period, insert a semicolon and tlle For collecting the war revenue, 68.61. For enforcement of national prohibition act, internal revenue, following words : f421.09. meeting the deficiency out of the reserve for unpaid Choctaw per For miscelluneou expcn e , Internal Rt-venue Service, $152.0i. capita funds, and reimbursing the a.me out of the funds hereafter For refunding icternal reve.1ue collections, $98.53. due said Mississippi Choctaws per capita. ,...

1922. CONGRESSIONAL RECORD-SENA~E. 13075

1\11·. WAR REN. The committee bas no objection to the Mr. HARRISON. I want recognition if the report is de­ amendment. · batable. I can not understand why it is not debatable. The amendment was agreed to. The PRESIDENT pro tempore. The Chair is not advised of · The bill was reported to the Senate as amended, and the the character of the report. amendments were concurred in. Mr. CURTIS. Let the joint resolution be read. The amendments were ordered to be engrossed, and the bill The PRESIDENT pro tempore. Unquestionably the report is to be read a third time. debatable. The bill was read the third time and passed. Mr. FRANCE. Mr. President, I call for the regular order. l\Ir. WARREN. I move that the Senate insist upon its The Senator from California has the floor, and he is entitled nmendments, ask for a conference with the House, and that the to the :floor. Chair appoint the conferees on the part of the Senate. Mr. SHORTRIDGE. I do not want to insist upon it, but I The motion was agreed to, and the President pro tempore have the floor. appointed 1\Jr. WARREN~ Mr. CURTIS, and Mr. GLASS conferees The PRESIDENT pro tempore. The Chair has recognized on the part of the Se:r;iate. · the Senator from Oalifornia. ORDER OF BUSINESS. l\lr. SHORTRIDGE. I will proceed. .Mr. SHORTRIDGE. Mr. President-- The PRESIDENT pro tempore. The Senator from California The PRESIDENT pro tempore. The Senator from California. yielded to the Senator from Wyoming for the purpose of making l\Ir. HARRISON. l\fr. President, a parliamentary inquiry. a report. The Senator from Wyoming made the report, it has The PRESIDENT pro tempore. The Senator will state his been stated to the Senate, and that report is necessarily de- inquiry. batable. · l\1r. HARRISON. There being unfinished business, is it not Mr. HARRISON. Does the Senator desire to debate the the duty of the Chair to lay before the Senate the unfinished report? I desire to do so, if the Senator does not. business which is the Liberian loan joint resolution? l\fr. SHORTRIDGE. I certainly do not desire to debate the The PRESIDENT pro tempore. The Chair has recognized report, nor would I have yielded if I had ever anticipated that the Senator from California. The Chair does not know for the Senator, for the purpose of delay, I think, wished to debate what purpose the Senator from California rises. this report. l\f r. McNARY. Mr. President-- l\Ir. ROBINSON. l\1r. President, I demand the regular order. The PRESIDENT pro tempore. Does the Senator from Cali­ l\fr. HARRISON. Have I the floor? fornia yield to the Senator from Oregon? The PRESIDENT pro tempore. The Senator from Missis­ Mr. SHORTRIDGE. I yield to the Senator. sippi has not the floor as yet. Mr. McNARY. I only rise with regard to the House amend­ l\Ir. HARRISON. I ask recognition. meuts to Senate Joint Resolution 215. Mr. WARREN. I simply want to state, if I may be per­ l\fL'. SHORTRIDGE. I yield for that purpose. mitted to do so-- The PRESIDENT pro tempore. The Senator from Missis­ TRICOUNTY IRRIGATION PROJECT, NEBRASKA. sippi made a parliamentary inquiry which the Chair answered. Mr. l\lcNAUY. I ask the Chair to lay before the Senate the l\fr. FRANCE. Mr. President, a parliamentary inquiry. H ouse amendments to Senate Joint Resolution 215, which were The PRESIDENT pro tempore. The Senator will state his recalled from the Honse yesterday on my motion. inquiry. The PRESIDENT pro tempore laid before the Senate the l\Ir. FRANCE. Was unanimous consent granted for the con­ amendment of the House of Representatives to the joint reso­ sideration of this report? lution ( S. J. Res. 215) providing for reinvestigation of the tri­ The PRESIDENT pro tempore. The Senator from California county irrigation project, Nebras.ka, which were, on page 1, yielded to the Senator from Wyoming to make a report upou line 3, to strike out " Interior " and insert " Interior, upon a joint resolution. _The report was made, and that report is the payment to him in advance of the necessary funds to de­ debatable. f ray the expenses thereof " ; on page 1, line 4, to strike out Mr. HARRISON. Mr. President-- "a reinvestigation" and insert "an additional investigation"; The PRESIDENT pro tempore. The Senatoi· from Missis- on page 1, line 9, to strike out " the lands of" and insert sippi. . " lands in " ; on page 2, to strike out lines 1 to 3, inclusive, and Mr. CURTIS. l\fr. President, a parliamentary inquiry . .to amend the title so as to read: "Joint resolution providing Mr. WARREN. The report can lie on the table and come up for an additional investigation of the tri-county irrigation again. project, Nebraska." Mr. HARRISON. I ani recognized, I understand. I desire to l\1r. McNARY. I ask unanimous consent to proceed to the make a speech. con ideration of the motion yesterday entered by me that the The PRESIDENT pro tempore. If some of the Senators Senate reconsider the vote by which it disagreed to the amend­ standing in the aisle will take their seats, the Chair may be ments of the House. of Representatives to Senate joint resolu­ able to determine the precedence between them. tion ( S. J. Res. 215) providing for a reinvestigation of the Mr. HARRISON. I understood the Chair to recognize me. tri-county irrigation project, Nebraska, and asked a conference The PRESIDENT pro tempore. The Chair recognized the with the House thereon. Senator from l\fississippi to make a parliamentary inquiry. The PRESIDENT pro tempore. . Is there obj~ction? The l\lr. HARRISON. I rose to debate this joint resolution. Chair hears none, and the motion to recon ider is agreed to. !\fr. CURTIS. Mr. President, a parliamentary inquiry. l\lr. McNARY. I move that the Senate agree to the amend­ The PRESIDENT pro tempore. The Senator will state his ment of the House. inquiry. The motion was agreed to. Mr. CURTIS. As I understand, this was only a report. Is PAY OF EMPLOYEES. a report debatable unless it is called up for consideration? It l\f r. WARREN. Will the Senator from California yield a is my understanding that when a report is made, it goes to the moment until I ask the Chair if there is on the desk a joint calendar unless unanimous consent is asked for its immediate resolution, sent over from the House, providing for the pay­ consideration. ment of employees for this month immediately upon our final Mr. LODGE. Absolutely. adjournment? Mr. HARRISON. Mr. President, I refuse to yield for that The PRESIDENT pro tempore. The Chair lays before the purpose. This is a matter of a joint resolution. Senate a joint resolution from the House of Representatives. The PRESIDENT pro tempore. The report of the committee The joint resolution (H. J. Res. 382) authorizing payment of is not before the Senate. the salaries of officers and employees of Congress for September, Mr. HARRISON. Clearly, I am not mistaken. I heard the 1922, on the 23d day of said month, was read twice by its title. Chair, as I thought, lay the matter before the Senate on the l\f r. WARREN. So that the record may be straight, the joint motion of the Senator from Wyoming, and I understood the resolution should be referred to the Committee on Appropria­ Chair to say it was debatable, and I thought I had recognition. tions. The committee have already considered it I am very anxious to· get out of my system what I have to say The PRESIDE~T pro tempore. It is referred to the Com­ about this joint resolution. mittee on Appropriations. The PRESIDENT pro tempore. Whenever the joint resolu­ ' l\1r. WARREN. I now report fa;orably from the Committee tion comes before the Senate, it will be debatable, but it is not on Appropriations House Joint Resolution 382, authorizing the debatable until it is laid before the Senate. payment of the salaries of employees of the Congress for Sep-- Mr. LODGE. Mr. President, I ask for the regular order. tember, 1922, on the 23d day of said month. · ' The PRESIDENT pro tempore. The Senator from California. l\Ir. HARRISON. Thal report is debatable, is it not? Mr. SHORTRIDGE. Mr. President-- The PRESIDENT pro tempore. The Chair is not advised. Mr. HARRISON. I ~ppeal from the ruling of the Chair. 13076 OONG-RESSION AL RECORD-SENATE. SEPTEl\IBER 21, ~

Mr. CURTIS. Mr. President, a parliamentary inquiry. Mr. ROBTh""SON. The Chair has recognized the Senator f~om Mr. WILLIAMS. Mr. 'President-- Mississippi, and the question of recognition is not debatable. Mr. SHORTRIDGE. Mr. President, is this a senate or an Mr. SHORTRIDGE. I am not -debating; I am stating a few arena? If it is an arena, I have nothing further to say. I 'facts. shall not undertake to consider it as an arena, but as the Sen­ Mr. ROBTh"SON. I make the point of order that the Senator ate. When the Chair recognizes me I assume I have the right from California is ont of order. to pronounce a sentence, and then Senators can raise their Mr. SHORTRIDGE. I submit as a parliamentary inquiry ol}jections. . this question. ' ir. HARRISON. Mr. President, a parliamentary inqu.U·y. Mr. HARRISON. Mr. President-- The PRESIDENT pro tempore. Let the Chair state the par­ The PRESIDENT pro tempore. Whether the Senator from liamentary situation. 'The Senator from California IMr. SHORT­ California has retained the 1loor depends upon the extent to RIDGE] yielded to the Senator from Wyoming [l\Ir. W .A..RREN] which he yielded to the Senato~ from Wyoming. The Chair is to make a report. It as made. That report, whenever it is unable to recall distinctly arid clearly the words used by the laid before the Senate, is debatable. It is not debatable until Senator from California when he yielded. it is laid before the Senate. The Chair recognizes the Senator Ur. SHORTRIDGE. I beg leave, then, to say, i\Ir. Pre i­ from California. dent-- LIBEB.IAN LOAN. Mr. ROBINSON. I make the point of order that a question of reoognition is not debatable under the rules of the Senate. Mr. LODGE. 1\lr. President, I call for the regular order. Mr. LODGE. Mr. President-- Jllr. HARRISON. Mr. President, a parliamentary inquiry. The PRESIDEt.~T pro tempore. The point of order will oo The PRE !DENT pYo tempore. The Senator from Missis- submitted to the Senate. sippi will state the inquiry. Mr. HARRISON. Mr. P.resident-- JUr. HARRISON. Is it in order, with all deference to the The PilESIDENT pro tem_pore. J:t will be-submitted without Chair, fo1· me to have read :the Official Reporter's notes -Of debate. ju t -what transpired at that -particular time, to ee w_bether Mr. 1.HA.RRISON. A "Parliamentary in.qui.Ty. I ha·rn the or not the report was laid before the Senate. recognition of the Chair. The PRESIDENT pro tempore. The Chair thinks that is in Mr. -ROBINSON. If the point of <>rder is submitted to the order. Senate, ft can be debated. Mr. HARRISON. I a~k that that be done. The PRESIDENT pro tempore. The Chair declines to an­ Mr. CURTIS. While the Chair is waiting for the Reporter's swer the parliamentary i.n-quh·y until the question - of order notes may I propound a parliamentary inquiry? raised by the .Senator from Arkansas is decided, and the The PRESIDENT pro tempore. The Senator from Kansas Chair submits that to the -senate. will state the inquiry. · Mr. HARRISON. I want to :make1a parliamentary inquiry. Mr. CURTIS. The unfinished business was temporarily laid Will that action of the -Chair ,take me off the floor if there _aside. The Senator from Massachusetts [l\Ir. LODGE] has de­ should be no point of order raised? manded the regular order. Does not that automatically bting The PRESIDENT pro tempore. The Chair declines to an­ the unfinished bu.sine s before the Senate? swer that inquiry .at the pre ent time. The PRESIDENT pro ternpore. . The Chair is of the opinio:n Mr. SHORTRIDGE. I was upon the point of replying to a th t the unfinished busineB "W'Ould be laid before the Senate question put to .me by the Chair, and that was as to what I upon dernandi and that the demantl-for the regular order brings had .said. if anything, when -the .Senator from Wyoming re­ the urrfinished busine before the Senate. quested permission to .file the report. I now state that my 1\1r. 1WBL"'\'SON. I demanued th.e regular order some time reply was a mere assent, no more and _no less. ago, and I demand the regular order now. Mr. 'ROBINSON. Mr. President, J: rise to a point of order. The Senate, as in Committee of the Whole, resumed the con­ The PRESIDENT pro tempore. ,Those who believe the point sideration of the joint resolution (H. J. Res. 270). 1authorizjng of order made by the .Senator from Arkansas should be sus­ the Secreta1·y af •the Treasury to establish a credit with the tained-which is, whether the Senator from California has the United States for the Government of Liberia. floor or not-- The PRESIDENT pro tempore. The question is npon agree­ Mr. .ROBINSON. 1 respectfully call .the Chair's attention to ing to the amendment proposed by the Senator from l\lissis tppi the fact that that is not the point of order which was maue [l\Ir. Il.ABXISON]. by the 'Senator from Arkansas. 'l'he Senator from Arkan as Mr. HARRISON. l\Ir. P1~sident-- made the point of order that, the Chair having expre ly rec­ The PRESIDENT pro ternpore. The Senator from Mi sis­ ognized the Senator from Mississjppi, the question of recogni­ sippi is recognized. tion is not debatable and the .Senator from California is out Mr. HARRISON. I just want to know exactly where I am. Qf order in attempting to dellate ,the question of .reeognition. What is before the Senate now? The Chair expressly recognized the Senator from Mississippi. The PRESIDENT pro tempore. The Liberian lo:mjoint 1·eso­ . .The PRESID~W pro tempore. The Senator from Arkan­ tion is before the Senate. sas is now debating the question. :\fr. HARRISON. Then I withdraw the request that J: made 1\.Ir. ROBINSON. .The Senator from Arkansas is stating the with reference to the reading of the 1-eporter s notes and ask point of order he made. I made the 'Point of order that the for recognition. Have I the floor now to address the Senate Ohair had recognized the Senator from l\Ilssissippi, and that on the Liberian loan joint re olution? the Senator from California was out of order in debating the The PRESIDENT pro tempore. The Senator _from Mis is­ question of recognition. sippi bas just been recognized. The PRESIDENT pro tempore. The Chair decided to sub­ Mr. SHORTRIDGE. 1\fr. President, a parliamentary inquiry. mit that to the Senate simply because ther.e seems to be a The unfinished business is now before the Senate. I had been controversy with regard to the ·manner in which -the Senator 1·ecognized by the Presiding Officer as having the floor, and I -from California yielded to the Senator from Wyoming. 'Pho e would be glad to be advised when and by virtue of "What act on ·who believe the point of O'rder made by the Senator from my part I was taken from the floor. Arkansas should be sustained will say . " aye." Those Sena­ The PRESIDENT pro tempore. The Senator took himself tors -who believe otherwise will say "no." from the floor by yielding for the purpose of allowing the Sena­ 'Mr. ROBINSON. I call for the yeas and nays. tor frop:i Wyoming to make a · report to the Senate. Mr. HARRISON. Mr. President, I _suggest the ab ence of a Mr. SHORTRIDGE. And as I understand the ruling of the quorum. President pro tempore, I yielded, as indeed I did, for the specific The PRESIDENT pro tempore. The Secretary will call the and limited purpose of permitting the report to be sent to the ·roll. The Assistant Secretary called the roll, and the following ecretary's desk. I did not 'Yield for the pm·po e Of having "Senators an wered to their names: that report immediately or at any time eonsidered. ~ have A hunt Fletcher McLean Shortridge Borah France .l\IcNary Simmons understood up to this moment that the Presiding Officer has so Brandegee Gooding Moses Smoot indicated, tated, and ru1ed. If that be trne, then these ·inter­ Broussard Rarreld Nelson Stanfield vening remarks have not deprived me of the right to the -floor, Bur um Harrison Nicholson Sterling Calder _Heflin orbeck Sutherland for I yielded fur the specific purpo e stated. Now, the fact ,CamerQll Hitchcock Odelle Swanson that the unfini. hed busine has been laid before the Senate-- Capper Jones, Wash. Owen Town end Mr. ROBlli ON. Mr. President, I rise to a point of order. Culberson ·Keyes •Pepper Trammell Cummins La Follette Phipp Underwood Mr. SHORTRIDGE. That fact has not taken me :from thel Curtis Lenr<>ot Bawson Walsh, :\lass. 11oor, with due respect to the Preslding Officer. j Dlal L'Od"'e 'lleetl, Pa. Warren DWingham M~rmick •Robi:DIJoD W.at on, Ind. T~1e PRE 'IDENT ·pro tempore. The Senator from -Al.'kansas dtl Pont McCumber Sheppard w_ill state the point of oruer. E.r.n.s.t _.M.cKellar. ..S.hiel..dJJ I 1922. CONGRESSIONAL RECORD-SENATE. 13077

Mr. SIMMONS. I wish to announce the absence of my col-I Senator from Wyoming .made the. report, it has been stated to the leacrue [Mr. OtERMAN] on account of illness. Senate, and that report is necessarily de~atable. i:. T • • • Mr. HARRISON. Does the Senator desire to debate the report? I The PRESIDENT pro tempore. F1fty-e1ght Senators havmg I desire to do so if the Senator does not. answered to their names, there is a quorum present. Mr. SHORTRIDom. I certainly do not desire to debate that report, nor Mr. HARRISON. Mr. President-- would I have yielded if ~ had ~ver anticipated t;hat the Senator, for ,. . . the purpose of delay, I thmk, wished to debate this report. The PRESIDENT pro tempore. The question IS upon the Mr. ROBINSON. Mr. President, I demand the regular order. point of order raised by the Senator from Arkansas, and that Mr. HARRISON. Have I the floor? uestion is whether the Senator from California is entitled to The PRESIDENT pro tempore. The Senator from Mis issippi has not q the floor as yet. the floor. Mr. HARRISON. I ask recognition. Mr. ROBINSON and Mr. HARRISON addressed the Chair. Mr. WARREN. I simply want to state, if I may be permitted to do lUr. AS"B:UR~T. Mr. Presiden~, I rise to a. point of order. s°Th; PREsmmNT pro tempore. The Senator from Mississippi made a That question i debatable. It has been submitted to the Sen- parliamentary inquiry, which the Chair answered. ate, and, ha\ing been submitted to the Senate, it is debatable Mr. FRAKCE. Mr. President, a. parliamentary inquiry. tmder every decision ever made since the Senate was organized. The PRE~IDENT pro te~pore. The Senat~r will state hjs inquiry .. · · if th Ch . d . . Mr. FRANCE. Was unanimous consent granted for the consideration I w ill read th e d ecis10ns e air esires. of this report? The PRESIDENT pro tempore. The Chair believes the Sen- The PRESIDENT pro te!Dpore. The Senator from Calif~n:nia yieldeq to ator from Alizona is right about that. the Senator from Wyommg to make a. report upon a JOIDt resolution. • ASHURST I thank th Ch ir• The report was mad1!, and _that report IS debatable. M r. . e a . The que tion, then, is Mr. HARRISON. Mr. President-- debatable. The PRESIDENT pro tempore. The Senator from Mississippi. l\fr HARRISON. Now l\lr. PTesident I desire to debate the Mr. CURTIS. Mr. President, a I?arliamentary inquiry. . · ' . ' . Mr. WAltRJ!lN. The report can lie on the table and come up again. pomt of order. Am I recogmzed, Mr. President? Mr. HARRISON. I am recognized, I understand. I desire to make a The PRESIDENT pro tempore. The Senate will be in order speech. before anyone will be recognized. Tbe Chair recognizes on the The PRESIDENT p~o tempore. If so~e of the Senators standing. in the . l\li . . . aisle will take their eats, the Chau may be able to determme the questi on o f ord er the S enat or f rom ss1ss1pp1. precedence between them. l\1r. HARRISON. Mr. President, I desire, before I begin to Mr. HARRrso~. I understood the Chai: to reco.gnize me. disCU!=:S the point of order to ask that the Reporter may read .T~e !?R~SIDENT pro tem~ore. The qha1r. recogmzed the Senator from . ~ . ' . . . Miss1ss1pp1 to make a parbamentary rnquil'y. Just what transpired touching recogmt10n, so that the Senate Mr. HARRISON. r rose to debate this joint resolution. may intelligently vote upon this question. In my time, I want Mr. CURTIS. Mr. President, a parliamentary inquiry. the Reporter to read just what happened The PRESID»NT pro tempore. The .Senator will state his inquiry. . : . Mr. CCRTIS. As I understand, this was only a report. Is a report Mr. SHORTRIDGE. Mr. President, will the Senator yield to debatable unless it is called up for consideration? It is my under- me for a moment? standing that when a report is made it goes to the calendar unless l\Ir HARRISON I will yield for a moment unanimous con ent is asked for its immediate consideration. · · · Mr. LonoE. Absolutely. l\Ir. SHORTRIDGE. I want the RECORD read as to what I . Mr. HARRISON. Mr. President, I refuse to yield for that purpose. said or did not say when the Senator from Wyoming made his This is a matter of a joint resolution. request The PRESIDENT pro tempore. The report of the committee is not be- • T • • • fore the Senate. Mr. HARRISON. I want to have it all read m my time. Mr. HARR1sos. Clearly I am not mistaken. I h~ard the Chair as I The PRESIDENT pro tempore. The Reporter will read as thought, lay the. matter before the Senate, on th~ motion of the 'sena- ,, tor from Wyomrng, and I understood the Chair to say it was de- requeste u. . batable, and I thought I bad recognition. I am very anxious to get The Official Reporter read as follows: out of my system what I have to say about this joint resolution. Mr. SHORTRIDGE. Mr. President-- The PRESIDENT. pro. tempore. Whenever the joint resolution . c~m~s The PRESIDENT pro tempore. The Senator from California. be.fore the Senate it will be debatable, but it is not debatable until it is Mr. HARRISON. Mr. President, a parliamentary inquiry. laid before the Senate., The PRESIDENT pro tempore. The Senator will state his inquiry. Mr. LODGE. ~r. President, I ask for the regular or~er. Mr. HARRISON. There being unfinished business, is it not the duty of The PRESIDENT pro tempore. The Senator from Cahfornia. £j_ge~f~ir1 :~n1j~~~f~~~o~B.~~7ate the unfinished busine • which is the Mr. HARRISON. Now, Mr. President, I suppose that every The PRESIDENT pro tempore. The Chair has recognized the Senator Senator after hearing what transpired will certainly vote that from Californ~a. ~he .Chair does not know for what purpose the Sen- the Senator from California suave as he is and entertaining ator from Califorma nses. 1 '· ' · ·· Mr. McNARY. Mr. President-- a ways as a speaker, and anxious as we are to hear him speak. The PRESIDENT pro tempore. Does the Senator from California yield ought not to have recognition of the Chair, but that, the joint to the Senator from O~·egon? resolution presented by the Senator from Wyoming havincr Mr. SHORTnrnom. I yield to the Senator. b 1 'd h f • S · · · · d Mr. McNARY. r only l'ise with regard to the House amendments to een ai ~e ore the enate for consideration, and bemg e-~ Senate Joint Resolution 215. batable, I was recognized by the Chair; Mr. SHORTRIDGE. I yield for ~hat purpose. l\fr. FRA...~CE. Mr. President-- am1:~a:e~~sA~~· s1e:at~ mnri~11~1~~i~~y 2~~fo~bi~ie "S~a~~cit~l&~: Mr. HARRISON. I refuse to yield for the present. the House yesterday on my motion. ' l\1r. FRANCE. I rise to a parliamentary inquiry. The PRESIDENT pro tempore. The Chair lays be~ore the Senate, at the Mr. HARRISON. I do not yield for any purpose. request of the Senat~r from Oregon, the followmg message from the 1\Ir LODGE The -Senator can not help yielding for a par- House of Representatives. . · . · Mr. MCNARY. Yesterday, Mr. President, in response to a request, liamentary mquiry. the Senate !ecalled the papers, and I move at this time that the Sen- Mr. HARRISON. That was not the case awhile ago when the ate concur m the amendments of the House...... The motion was agreed to. . Chair did not recogmze me for a parllamentary rnqmry. M1·. WARREN. Will .the Senator from California yield a moment until The PRESIDENT pro tempore. The Senator from 1\Iissis- I ask the Chair if t~e,re is on the, desk a joint resolution, s~nt over sippi declines to yield. from the House, providing for the payment of employees for thlS month l\lf FRANCE B t I d . t immediately upon our final adjournment? "-r. . u esire o submit a parliamentary in- .The PRES~DENT pro tempore. The Chair la:rs. before the Senate a quiry, Mr. President. joint resolution from the EJ;oµse of Representatnres : . Mr HARRISON I refuse to yield for the present "H. J. Re . 382, autborizmg the payment of the salaries of em- · . · . . . · ployees of Congress for September, 1922, on the 23d day of said Mr. President, the jomt resolution that was laid before the month." . Senate-- Mr. WARREN. So tl:!at the record may be straight, the joint resolution l\I · C . · · should be referred to the Committee on Appropriations. The commit- r. FRAN E. Mr. President, a Senator has a nght to make tee have already considered it. a parliamentary inquiry. Tb~ ~RESIDENT pro tempore. It is referred to the Committee on Ap- Mr LODGE He has that right at any time and he can not propnation-s. · ' ' Mr. WARREX. I now report favorably from the Committee on Appro- be shut off. priat!ons House .Joint Resolution 382, authorizing the payment of the Mr. HARRISON. I yield only for-the purpose of a parlia- salanes of employees of the Congress for September, 1922, on the 23d mentary inquiry if I have to day of said month. ' . · Mr. HARRISON. That report is debatable, is it not? Mr. FRANCE. Mr. President-- The PRESmENT pro tempore ..T.he ~hair is not ~dvised. The PRESIDENT pro tempore. The Senator from Maryland Mr. HARRLSON. I want recognition if the •eport IS debatable. I can will state bis parliamentary inquiry not understand why it is not debatable. · · Tbe PRESIDFJ~T pro tempore. The Chair is not advised of the char- Mr. FRANCE. If the question of whether the Senator from acter of the i·eport. California or the Senator from Mississippi has the floor is de- Mr. CURTIS. Let the joint resolution be read. b t bl i d ·• t k if th t t' th s t . f · Tbe PRESIDENT pro tempore. Unquestionably tbe report is debatable. a ~ e,. esu~ .° ~s ~pon a ques ion e ena or rom Mr. FRANCE. Mr. President, I call for the regular order. The Sena- Oaliforma, until it is decided, has not the floor? I ask the tor fl'om California has the floor, ~nd he is entitled to the floor. Chair now to rule which Senator has the floor to debate the 60~. SHORTRIDGE. I do not want to insist upon it, but I have the question of the point of order. The PRESIDENT pro tempore. Tbe Chair has recognized the Senator The- PRESIDENT pro tempore. The Senator from l\Iissi - from California. . sippi has the floor. l\fr. SHORTRIDGE. I will ,proceed. . The PRESIDt:!l\T pro tempore. The Senator from California yielded to l\lr. WILLIAMS. Mr. President, I make the point of order the Senator from Wyoming for the purpo e of making a report. The that that is not a parliamentary inquiry. 13078 CO~GRESSIONAL RECORD-SE AT EPTEMBER 21,

:Mr. HARRI ON. Mr. Pre ident, I desire, before I proceed Sena:te. It will make it iru sible f r the enate to do bu i­ further, to make a parliamentary inquiry. I understood the ness. The Chair has the obligation of determining questions Cbair to say that if the regular order was d~manded, that meant of recognition, and when the Chair determines a question of that the unfinished business was laid before the Senate. The recognition, hether the deci ··on in the pinion of the Senate regular order was demanded both by the Senator from Mas­ is right or wrong, the Senate is precluded from di c ino· or sachusetts [Mr. LODGE] and by the Senator from Kansas [Mr. appealing from that decision. "The actlon of the Chair n:ces­ Cmnrs]. I presume, therefore, that in all this mll:-up the un­ .sarily is conclusive upon the subject. finished business that is now before the Senate is the Liberian With all due respect to the pre ent occupant of the ehair, o1 loan joint resolution. whom the present occupant of the floor is very fond, the Chair The PRESIDENT pro tempore. The Chair is of that opinion. has no right to submit questions of recognition to the Sen te. Mr. HARRISON. So, in the discussion, I shall discuss the If this precedent 'is established in time when debate I'UilS Liberian loan proposition, if I may be permitted, and the other high in the Senate and a nilmber of Senators are contesting proposition also. 'for the .floor, there may be a dozen record votes on the que - The PRESIDENT pro tempore. The question before the Sen­ tion as to whetheT the Senator from Indiana or the Senator ate is with regard to the privilege of the Senator from California from Massachusetts or the Senator from Georgia or the Sena­ to hold the floor. tor from Virginia is entitled to the floor ; and, of courge, if the l\!r. ROBINSON. Mr. President, upon the -point of order precedent becomes established, and one Senator reaches the which the Chair stated is to be submitted to the Senate, I conclusion that heis entitled to the ftoor when some other Sen­ made the point of order that the Chair having recognized the ator insists upon occupying the floor, it may be tested out by Senator from :Mississippi, and the Senator from Cali:fo-rnia hav­ a vote. ing risen and proceeded to discuss the question as to whether The Chair held that the matter before the Senate was the J1e was properly taken from the floor and whether the Senator joint resolution, and declared that it was debatable. Upon the fr-0m Mississippi rightfully had the :floor, that is not a debatable refusal of the Senator seek.ing the floor, the Senator from ali­ question. Questions of recognition, under the precedents of the fornia-who had yielded, according to the previous decision Senate, are exclusively within the decision of the Chair, and of the Chair-to discuss the question before the Senate the the Chair can not submit a question of recognition to the Sen­ Senator from Mississippi sought and obtained recognition' nd ate. If the Chair adopts the policy of submitting questions of proceeded to discuss for a little time the que tion befor~ the i·ecognition to the Senate, the Senate may consume its entire Senate; whereupon, upon the Senator from California insisting time in discussing the question as to who is entitled to the tloor, that he was entitled to the fioor, and the pnint of order bein(J' with the resnlt that no one will ever get the :floor and no bu i­ made by myself that the question was not debatable, the Chai; ness wm ever be trans-acted. sought to submit the question to the Senate. I think it i a The precedents of the Senate on this subject are unanimous. very dangerous precedent for the Presiding Officer of this body There is no one to the contrary. It devolves upon the Pre icling to adopt Officer, when a number of SenatoTs address the Presiding Officer, This subject, of course, is debatable. Under the rules of the to determine the question as to who shall be recognized. It is Senate, when the Chair chooses to submit questions of ortler the duty of the Pre iding Officer to exercise that function im­ to the Senate the subject is debatable. We might consume the partially. The rule of the Senate contemplates that the Senator entire remainder of this session, if we chose to do so, in the fir t rising and addressing the Chair shall be entitled to recog­ discu sion of the question as to whether the Senator from nition; but if the Chair should happen to see ano-ther Senator California or the Senator from Mississippi is entitled to the fir t, or hear another Senator .first, the Chair would recognize floor. him. If the Chair decides the question wrongly, if the Chair Th~ PRESIDIDJT pro tempo1·e. The Chair desires to y, chooses to act arbitrarily in the matter, and to recognize a on his own behalf, that in his opinion the question i not Senator who last addressed him instead of a Senator who first whrlher the Senator from California or the Senator from uddressed him, the decision of the Chair on that subject is l\.fississippi has the 1loor. The que tion behind it all is whether condu3ive, and the question can not be submitted to the Senate the Senator from California lost the floor through yielding un

Chair to submit the question of his right to the Senate, and Mr. RARRISON. I do- not want to occupy much of the time have that subject debated at great length in the' Senate, the of the Senate. • Senate may consume its entire timei in the determination of Mr. SHORTRIDGE'. I merely ask for the reason, that if per­ the question as to who is entitled to speak and who is not missible under any rule---- entitled to speak, and thus the business of the Senate may be Mr. HARRISON. I refuse to yield; I d<> not yield for that. unduly deferred. I want to go ahead with this speech. Mr. HARRISON. l\fi'. President, when the vote comes how Mr. SHORTRIDGE. And I want the Senator to do so; and shall Senators voter Shall we pass a.Found secret ballots? If if the Senator from Mississippi will permit me-- I am for the Senator from California occupying the floor, how Mr. HARRISON. I refuse to yield, Mr. President. shall I vote, for instance r Or' if some Senator should think I The PRESIDENT pro tempore. The Senator from Missis­ am entitled to the floor how would he voter sippi declines tO' yield. The Senator from Mississippi will pro­ The PRESIDENT. pro tempore. There would be no diffi­ ceed. culty about that, as the Chair imagines. The question would Mr. HARRISON.. Mr. President, the joint resolution pro­ be upon sustaining the point of order : Sh.all the point of viding for the Liberian loan is before the Senate, and has been order made by the Senator from Arkansas be sustained r In­ considered here for weeks and for weeks. It has become an im­ asmuch, however, as there seems to be a desire that the Chair ,portant measure because we have- incorporated in it an appr<>­ shall rule upon the question, the Chair will withdraw the sub­ pria.tion of $20,000,000 for reclamation and irrigation work for mission to the Senate, if that be permissible ; and the Chair the West,. and I am sure there wohld be no Senator on the other holds that the point of order is well taken and recognizes the side- of the aisle, especially from the far western State of Oali­ Senator from Mississippi. fornia, who would lend his influence. or bis vote to displace this Mr. WATSON of Indiana. Mr. President, a parliamentary very important joint resolution, carrying the $20,000,000 appro­ inquiry. priation for recla.mation and irrigation. Mr. HARRISON. Mr. President, I yield for a question only. Some final action should be taken upon the resolution, with I do not want to be taken off the floor. this amendment, especially the amendment, not necessarily the Mr. WATSON of Indiana. I have no desire to take the $5,000,000 appropriation for the colored population of Liberia, s~nator Qff the floor. before the Congress adjourns to-morrow at :. o'clock. I can l\Ir. HARRISON. I know the Senator has not. not imagine what iB in the mind of my good friend the Senator Mr. WATSON of Indiana. The Chair has rendered, a. de from California. I am very anxious to hear him make his cision. In the opinion of the Chair does an appeal lie frmn speech before the Congress adjourns. It will be, I am sure, a th t decision? gem of oratory, and we shall all be dclighted to hear it. But Mr. ROBINSON. It does not, Mr. President if his purpose was to displace this appropriation of $20,000,000 Mr. FLETCHER. Mr. Pre ident, the authorities hold-­ for reclamation and irrigation work in the West,. then I can Mr. ROBINSON. I have any number of the authorities upon not follow him, as much as I would delight to do so. that proposition· before' me. No appeal Ila There never has Mr. WILLIAMS. Not to mention the $5,000,000 for the been a case in which any Presiding Officer in the Senate has Liberian p.opulation, which was intended to placate the negro ever held that an appeal lies from a decision of the Chair 011 vote just before the election. the question of recognition. Mr. HARRISON. I think the Senator is eminently correct There are before me now Senators whoi are. skilled parlia­ about that, that the $5,000.000 appropriated-- mentarian&, the Senator from Utah [Mr. SMoOT], the Senator Mr. .SHORTRIDGE. I assume that what the seni-Or Senator from Wisconsin [Mr. LENXOOTJ, the Senator from Florida [Mr from Mississippi said is worth hearing. May I ask that it be FLETCHER], the Senator from Virginiai [Mr. SWANSON], and the stated again r Senator from Indiana:. [Mr. WATSON]. Every Senator knows Mr. WILLIA1\1S. I told my colleague please not to forget that when the Chair decides a question of recognition, there is the $5,000.000 for the population of Liberia, which, in my opin­ no appeal from it. Why doe the Senator from Indiana ask ion, is intended to placate the negro votes for the Republican sneh a question? Party in the coming election. Now, I hope the Senator under­ The PRESIDENT pro tempore. The Chair has no doubt stands it. upon that point. If Senators wi:Il permit the. Ohair to make a Mr. SHORTRIDGE. I do, indeed. ruling, the Chair decides that, in bis opinion, thery .President Harding in session on the 15th day of NoYember to compel you to pass the the signing of the profiteers' adjusted compen ation bill; but Shipping Trust adjusted compensation bill that would drain the perhaps the scales now haYe fall&n from their eyes and they Treasury by its terms of $75,000,000 a year for 10 years' time­ haYe seen that the measure is not so popular, and they did not yea, $750,000,000 in all-to go as a subsidy to the shipping inter­ w~nt to attend the final oh equie. of their party. e tn of the c9untry who are to recei"Ve favoritism at the hands l\Ir. WILLIAMS. Does the Senator mean to say they refused of Lasker. the imitation? That' is a fine message to take back to your constituents. l\1r. HAHRISON. I suspect so. At the same time they were, Kot one cent for the American oldier , but millions for the with their special messengers, carr;ying and signing this profit­ shipping interests. . You repudiate the soldiers' adjusted com­ eers' adjusted compensation bill, you who now want to pay pensation bill and resurrect the Shipping Trust adjusted com­ tile faithful employee ·. a ~-ou should, were burying the sohliers' pensation measure. The Government is now too poor to obli­ atljuste

port public, and he continues to sit idly by and allow the stain The PRESIDING OFFICER. The question is on the motion to remain upon the record of those faithful employees. of the Senator from Kansas that the Sergeant at Arms be I ask Republican Senators to go back to their constituents directed to request the attendance of absent Senators. and to tell them how their President has ignored an order of The motion was agreed to. . the Senate of the United States when months and months ago The PRESIDING OFFICER. The Sergeant at Arms will an aroused people, from one end of the country to the other, carry out the order of the Senate. asked Senators to demand of the President by what right he Mr. SUTHERLAND and Mr. PEPPER entered the Chamber and could issue Executive orders setting aside the civil service answered to their names. rules and appointing anybody he chose to the post offices and After a little delay, Mr. McLEAN, Mr. BRANDEGEE, Mr. MOSES, to civil-service positions throughout the country, It is remem­ and Mr. LA. FOLLETTE entered the Chamber and an wered to bered how at Marion Ohio, in order to put a man in office, he their names. wrote out an Executice order and placed him there, and how, The PRESIDING OFFICER. Forty-nine Senators have an­ due to this arou ed and indignant public opinion, petitioning swered to the roll call. There is a quorum present. the Congress of the United States, the Senate by a unanimous The Senator from California has moved that the Senate pro­ vote asked the President to send here a list of such appoint­ ceed to the consideration of House bill No. 13, to assure to ments and his reasons for those appointments wherein the persons within the jurisdiction of every State the equal pro­ civil service laws had been set aside, but from that day to this tection of laws, and to punish the crime of lynching. the President of the United States has failed to respond. Mr. SHORTRIDGE. Mr. Pre ident-- Oh, it is a wonderful record that the Republican majority Mr. HARRISON. Mr. President, a parliamentary inquiry. have made, a splendid record. Let them take it back to their The PRESIDING OFFICER. The Senator from California. constituents. Mr. SHORTRIDGE. Mr. President, I realize, as I am very Mr. President, so anxious am I to see the amendment which sm·e every Senator does, the great importance of this proposed was attached to the bill by the Senate proposing to appropri­ legislation; and upon the very threshold of the few remarks I ate ·$20,000,000 for reclamation and irrigation work in the shall now make I wish to assure Senators individually and col­ West that I am going to yield the floor now in the hope that lectively that nothing that has occuned this afternoon has before 2 o'clock to-morrow, when the Congress of the United disturbed my mind or caused me to feel other than kindly dis­ States shall adjourn, the amendment may be adopted finally posed toward any and all who participated in this afternoon's in the Senate. proceedings. However, Mr. President, before I take my seat I wish to I appreciate that those who oppo e this measure base their make a parliamentary inquiry. As I understand, the unfin­ opposition upon constitutional grounds, as also upon questions ished business now before the Senate is the Liberian loan of State or national poli

Republic the sorrows through which .we have passed, the bitter proud, indeed, of the Hawkeye State. But I can approach this cup whi~h bas been put to our lips. I. re1!1ember. it all, as question with a filial affection for the section and particularly you do. But it is still the same one Constitution, which I must for the State I mentioned a moment ago in referring to the uphold, which you must uphold, and, as Aaron Burr said in the distinguished Senator from Tennessee. · Senate in a room adjoining this in his farewell address- I ought not to introduce these personal thoughts, but I The place where liberty w~l take her last stand in America is here, remember my dear brother John married a Memphis girl who here in the Senate of the Umted States. .... was one of the beauties of that beautiful State. I remember I venture paraphrasing those words, to say that if this Con­ also that certain other of my relatiYes who cut some figure in stitution of 'ours is to survive, to perpetuate the liberties of man Kentucky afterwards moved to Alabama, and that their names and womnn, and if the rights of States and the rights of the will be found in the judicial history of that State. Pardon me Nation as such are to be preserved, if a battle shall come for for these personal allusions, but it was to emphasize the thought the preservation of all that we hold dear, the last stand in the that nothing will occur in the Senate to disturb my feelings, defen~e of these precious things will be in the Senate of the and I trust nothing I shall say will disturb the. feelings . of trnited St:ltes. So feeling, in entering upon this discussion Senators who may oppose my views or oppose this measure. and anticipating much that will be said, I wish it to be under­ In the concluding portion of their report on the bill the stood that I propose to proceed unto the end without any pas­ Judiciary Committee said, and which I think was entirely true: sion. without any unjust refiections upon men or States wher­ The committee hns devoted much time and earnest thought to the consideration of this bill and has reached the conclusion that as eve1; they may be. amended the bill is constitutional and should pass. That conclusion Now, ·Mr. President, I said, speaking without intention to is reached by different proces es of reasoning and by reliance· on do so this afternoon," that it was not my purpose to enter elabo­ different provisions of the Constitution; but whatever proce s of rea­ rately upon a discussion of the questions which are necessarily soning is adopted or whatever provisions of the Constitution are relied on, we hold that the proposed legislation is "appropriate legislation" involved, properly involved, in the bill. But what I had wanted to cure or prev1mt the evil of lynching wherever in the United States to do was to bring up the bill for consideration, to get it before and subject to the jurisdiction thereof that evil exists or is committed. the Senate so that I could listen, as I shall listen-not out of The learning of Senators, of course, will direct their minds to a sense of compulsion but as a matter of duty and to be en­ that section of the Constitution or that portion of the fourteenth lightened-to the learning of the great Senator from Tennessee amendment which speaks of "appropriate legislation," that pro­ [-;,\Ir. SHIELDS], for it may not be improper for me to antic.pate vision which gives to Cong1·ess the power by " appropriate legis­ tllat he for reasons which he will advance, is, and will be, 1 lation" to carry out the purposes of that great amendment. oppo ec1 to this legislation. It is not necessary for me to say The committee proceeds : so to meet the requirements of courtesy, but I do say that I White or black, " all persons born or naturalized in the United States respect his Yiews touching the Constitution and the power or and subject to the jurisdiction thereof are citi.zens of the United States," the competency of Congress to enact the proposed. legislation. and no State may- Whn t degree of weight he shall give to my views of course I And I would arrest the attention of the Senate to these im- can not. nor do I intend to, anticipate. mediate words- But, during the discussion, if we shall bring the bill before and no State may by affirmative legislative, judicial, or executive the Senate, doubtless there will be many Senators, hailing from action, or by failure, neglec!t or refusal to act, deprive any person of different sections of our country, North and South, East and life, liberty, or property wiuiout due process of law, or deny to · a.ny We t, who entertain divergent views upon the bill as a whole person within its jurisdiction the equal protection of the laws. or as to some of its features. I think I am right in saying The committee undertook to express. this thought in that para­ tbat there may be certain Senators here who think that certain graph of the report: The inhibition in the fourteenth amend­ sect!ons of the bill are constitutional, whereas they may think ment running against the seYeral States was, first, as against other sections are doubtful, perhaps entirely unconstitutional. any affirmative legislative, judicial, or executive action which I can well anticipate that there will be elaborate arguments. should deprive any person of life or liberty or property without I beg the Senate to believe me when I say that whereas I due process of law. The committee undertook also to state think the bill is constitutional and that it should become the the proposition that the amendment was broad enougl:_l ancl was law of the land, I am so constituted that I shall listen without intended to operate upon a given State nnd prevent that State, impatience to the arguments attacking my position, and in by its failure or its neglect or its refusal to act, from depriv­ order finally to determine whether my · views are sound. ing any person of life, liberty, or property without due process All this may seem perfectly obvious and scarcely worthy of law, or from denying tc. any person within its jurisctiction of statement, but I trespass upon the courtesy of the Senate the equal protection of the laws. to ay what I have said perhaps by way of excuse or ex- In other words, grounding this case upon that section of the planation of my earnestness in desiring to have the bill brought Constitution for the moment-and it is not the only section before the Senate -for consideration. I shall deplore it be- upon which I ground it-my position is that no State by af­ yond express:ion if the discussion shall develop anything in the firmative action or by nonaction can bring about the depriva· nature of hostile feeling as between or among Senators or as tion of life or liberty or property of the citiz·en without due _between or among or against any State or section of our re- process of law. If a State closes its eyes or if the State simply united and common country. stands idly by, be it my O"Wll State of California or any other Perhaps it may be understood why I say this, because here State, and suffers any human being within the jurisdiction and yonder, l\Ir. President, I have seen intimations that the of the United States to be deprived of his life, his liberty, whicll bill was in the nature of attack upon this State or that sec- is a million times more precious than his property, withouf due tion. Such a purpose is furthest from my mind, and, I think process of law, this mighty and just Nation, under the Con­ I am warranted in adding, furthest from the mind of any stitution, may reach out its arm and protect him in his life, Senator who favors the legislation. No, no, there is no longer in his liberty. any l\1ason and Dixon line in America. If there ever was Mr. SHIELDS. l\1r. President-- such a line it was taken up years ago and wrapped around the · The PRESIDENT pro tempore. Does the Senator from hearts of the American people. In 1898 and in the late great California yield to the Senator from Tennessee? wa1· we proved, if proof were necessary, that whatever had Mr. SHORTRIDGE. I do. been the e$trangements of the past, we were once more a Mr. SHIELDS. The Senator from California bas been read- united, one unified·, one patriotic, and one liberty-loving and ing from the report of the committee, I belie·rn? Constitution-loving people, against whom the world can not pre- Mr. SHORTRIDGE. Yes. mil. In that spirit I wish this bill to be discussed. Mr. SHIELDS. I think it would be fair for the Seun tor to Right here let it be understood that I personally very strongly I state that the report was not unanimous. !l.lld very earnestly agree to everything that is set down in the Mr. SHORTRIDGE. I shall do so. conduding lines of the report of the Committee on the Judi- 1\Ir. SHIELDS. The report was made by a majority of one. ciary. :Mr. SHORTRIDGE. I shall state that. l\Iay I trouble Senators, if it be a trouble, to read a few Mr. SHIELDS. I also wish to ask the Senator-- lines from the concluding portion of the report of the Judiciary Mr. SHORTRIDGE. I am not losing the floor, I presume, I Committee on the bill? I believe that what is here said is will say to the Senator from Tennessee? true as a matter of law and is true as a matter of wise policy Mr. SHIELDS. Certainly not. The Senator is only yield­ for our country, my country. I shall not suffer my mind to ing to me for a question which I desire to ask, and I am cer­ dwell upon some proud memories which I cherish. l\Iy people, tainly not attempting to deprive the Senator of the floor. The from North Carolina and from Kentucky, obscure as they were, rep.ort from which the Senator is reading i 32 pages loni yet loved this Republic. I was not born in the Southland, but and contains but two pages of original matter, the remainde.f I am not ashamed of the State in which I was born; I am being extracts from briefs filed in support of the bill. LXII-825 ~ . !130S4 CONGRESS~ONAL RECORD-SEN.A.TE. SEPTEMBER 21,.,

I am gratified that the Sen~tor has not joined in and has not I grieve to think may p.o sibly be so, it shall not incline approved by copying them into his report-for he submitted through those imme.dfately in charge of its destiny to protect the report for the committee-the vicious, unfounded assaults the rights of the humblest, the poorest, the meanest, the out­ which were made by one Moorfield Storey in his brief against cast, then I am saying that the Federal Government can aid ertain Southern States and their governors and their judicial the State to preserve its name unblemished; can step in to and exeeutfre officers. help it, not to crush it; may stei> in to save those things for Mr. SHORTRIDGE. What my learned brother Senator says whle:rty from Thermopylre until which was submitted by the House Committee on the Jhdiciary this hour. and of certain· portions of briefs which were filed, one of which I wish the National Government-my Government, your Gov­ has been mentioned by the Senator from Tennessee; and there ernment, not a foreign government, not an alien government, is also incorporated what might be termed a brief, which was but my G-Overnment and your Government-for which our boys a letter addressed to the Senator from Idaho [l\Ir. BouH] by have but recently died, I wish my Go-vernment, my one Federal Mr. Herbert K. Stockton. Government, my one National Government, to- go to the assist­ It is also true-which, perhaps, I need not add in order to ance of California or of Tennessee or Alabama or Maine, not corroborate what the Senator from Tennessee 'has just stated­ to invade their territory or to overturn their institutions or to that there have been eliminated from the report certain portions strike dawn the liberty of their people. When this bill is fully of the brief or communication from the Mr. Storey, who bas understood and the purposes of it are clearly stated and appre­ been i·eferred to, which I thought added nothing to the argu­ hended, I think Senators will come to realize, first, that it is ment and were only calculated to provoke a feeling which competent for Congress to enact it; and, second, that it will would be hostile and hurtful to a thoughtful discussion and be wholesome and helpful and beneficial to the individual consideration of the pending bill. States. Being beneficia1 to the individual States, Mr. Presi­ l\Ir. SHIELDS. Mr. President, I am gratified to hear the dent, of course it will be beneficial to our common country. statement of the Senator from California. I did not read the The portion of the repo1·t which I have just rea.d, and thus brief of Mr. Storey, except that portion of it which is copied very briefly referred to, proceeds upon the theory, that Congre. s in the report from which the Senator from California is read­ under the Constitution, that the Nation speaking through the ing. It is vicious enough there in its assault on the States, Congress, and with due regard to the expressly or impliedly I and am glad the Senator from California did not approve reser"\"led rights of the original thirteen States and the other it all. Mr. SHORTRIDGE. Yes, sir; and while it is not necessary States which have come into the Union since its formation­ to say it, because it would be repetitious and tire Senators, I that Congress, with due regard to the Constitution and the have such firm belief in the constitutionality of this measure rights of the Statest is incompetent to enact this proposed leo-is­ or the power of Congress to enact it, and am .so firmly con­ latio°' in order, as stated in the report, " to safeguard and pro­ vinced that it would be helpful rather than hurtful to the people tect those rights to life, liberty, and property which are guar­ of this country, to my State as well as to the States of other anteed by the Constitution of the United_ States." Senators, that I wish to keep out of the discussion anything Before this debate shall have- ended I hope to demonstrate, that may reflect upon the character of man, woman, or child. if others do not-mid I know there are others more competent More may. be said along that line hereafter, but that is the way to do SO' titan I ·am, and I can only hope that they will exer­ I feel; and I hope Senators know me well enough by this time cise their minds and demonstrate-that there are certain rights to appreciate that I speak without any mental reservation or guaranteed by the Constitution of the United States, and that intention to deceive. where the Constitution guarantees a right Congress bas the Mr. CURTIS. Mr. Presiden~ may I ask the Senator from power to safeguard' and protect that right. California a question? Undoubtedly the right to life, emanating from our Creator, Mr. SHORTRIDGE. Yes, sir. is a sacred right; and I shall be surprised if any Senator will lli. CURTIS. We are anxious to have an executive session contend that the Constitution of the United States does not to-night, and I wondered if the Senator was going to conclude guarantee the right of life to every citizen of the United States hi speech in a few moments or whether he would yield now or to every person within the jmisdiction of the United State , and let us have an executtve session? and does not also guarantee the right to liberty to every such 1\lr. SHORTRIDGE. It will take me but a few moments to person, as well 8.lso as guaranteeing the right to property. conclude this pq·rtion of my address. Let me, Mr. President, Then, if that be so, if a given portion of our common country, finish the read:b;i.g of the concluding pages of the report of the divided as the common country is, into several States and Ter­ committee. ritories, shall fail to make good that guaranty · to protect men 1\fr. CURTIS. I do not wish the Senator to yield unless it in life, liberty, and property, either by affi.rmative action or by is perfectly agreeable to him to do so. nonaction, then the Federal Government, through laws enacted Mr; SHORTRIDGE. I understand. by the body set up by the Constitution-namely, the Congres - Resuming, then, the reading from the report: may step in to assist the State in protecting the life and the A careful and dispas iona te study of the provisions of this bill as liberty and the property of the citizen. ame!}.ded will the committee thinks, convince Senators that it is "appropriate iegislation," within the competency of Congress to enact, Mr. SIDELDS. Mr. President, will the Senator state tbe to safeguard and protect those rights to life, liberty, and property provision on which he relies? which are guaranteed by the Constitution of the United States. Mr. SHORTRIDGE. I would rely on the fifth amendment, T beg t110se who care to bear to take note of what the com­ if I remember it; on the fourteenth amendment, for the mo­ mittee there says. In a word, those who join the report claim ment. that this is "' appropxiate legislation,' within the competency I realize. that it is not for us to ov-err.ule in express teTms a of Congress to enact." Addressing intellectual Senators and decision of the Supreme Conrt of the United States; bu~ as I addressing those who have devoted their lives to the study of view my place here, I have the. constitutional right, as have the law and the Constitution of our country, to what purpose you, .to interpret the Constitution accOTding to my view, pay­ do we claim this is appropriate legislation? We cLim that it ing heed to the interpretations tha.t have been placed upon it is within the competency of Congress to enact this. legislation by the Supreme Court, and al.So bearing in mind that, whate"f r in order to safeguard and protect those rights to life, liberty, my interpretation may be, it may be found to be erroneous by and property which are guaranteed by the Cpnstitution of the that other body set up by the Constitution ; for I believe with United States. Marshall and with a great line of great judges who have . I appreciate very fully that right there can spring up argu­ adorned the Supreme Court thnt it is perfectly competent for ments which would take much time to elaborate and justify the Supreme Court of the United States to say and determine upon the one hand or the other. I make no assault upon the tnat our conclusions are utterly null and void, that whatever legal rights of the States ; I attack no quasi sovereignty of we may think is not the law; but at this stage of matter in States. I know, if I know anything, that the Supreme Court legislation I claim the right to consider aJ que tion ab initio, of the United States bas upheld the rights of States and the and to determine in my mind, and for the Senate to determine-, iights <;>f the Federal Government under the Constitution ; nor whethev Congress has the power to enact given legi la tion, nor nm I an entire stranger to the decisions. I make no attack am I to be embarrassed at all by decision which have gone upon the quasi sovereign rights of individual States. On ·the before me. I bow to them; I respect them, becau e of tbe contrary, I wish the Government to go to the aid of individual learning and the character of the judges who have rendered States. . them ; but in a proper sense I am not embarrassed by them in If a State shall be unable to protect the life, the liberty, or my interpretation. Though their reasoning may overwhelm the property of any citizen of the United States, or if, which me, though their conclusions may be different from mine, yet 1922. CONGRESSIONAL RECORD-SENATE. 13085

as a Senator I am not to be foreclosed or estopped by having a I would not favor an attempt to cure an evil by means which decision of the Supreme Court presented before me. were violative of the Constitution. Certainly I would not So under our system, with a National Constitution, with our favor it knowingly, but what we are calling upon the Govern­ 48 States making up one country, with our Territories part and ment to do is, by a firm al}d just exercise of every legitimate parcel of a common country, I claim that whether a citizen of power conferred upon and residing in the Federal Government, the United States shall come from Virginia to California, there to safeguard the right to life, liberty, and property. to abide, or whether he shall go from New York to Louisiana, I suppose in the order of discussion, naturally and properly, there to take up his home, wherever there is a citizen of the Senators would consider first the question of the power of the United States within the jurisdiction of the United States, the Federal Government to deal with the subject matter; then, Federal Government has guaranteed to him certain rights­ second, if it should be determined that under the Federal Con­ the sacred right to life, the precious right to liberty, the valua­ stitution it is competent for Congress to deal with the subject ble right to property ; though I, for one, have grown almost matter, whether this is appropriate legislation; and then, if sick here in the Senate in listening to figures touching money, those two propositions should be determined in favor of the money, money, money. To me, life and liberty are the precious passage of this measure, there would yet remain a matter for and invaluable things; and, as I view this problem, the life and the consideration of all men who love their country and would the liberty of the poorest, the most despised, the- hunted, the assist in presening the peace and the order of every State pursued man within the jurisdiction and protection of the and the life and liberty of every person within every State. United States is ten million times more precious to me than In other words, there would remain the question of policy, all the millionaires in America, than all the profiteers of Wall as to whether this legislation would be helpful to the several Street. States, for I can not but believe that the several States will I do not arrogate to myself any greater respect or reverence welcome this assistance if they can be persuaded or convinced for these rights to life and liberty than is held by other Sena­ that the assistance comes in aid and not in hostility. If the tors; but I have looked on this world some summers and some States of the Union, North and South, can be made to realize winters. I respect the rights of property, or the rights of men that this is an attempt on the part of the Federal Government to that which we call property, for there are no rights of to assist the several States, then, granting the competency or property if you want to talk accurately. Property has no power to enact the legislation, I can see no valid opposition to rights. Men have rights to things; men have ce1tain rights the pas age of this bill. But I realize, as all thoughtful and all to what may be denominated property; but property-inanimate canuid men realize, that we must first demonstrate the compe­ things-has no rights. Men and women have rights to things, tency of Congress to act ; second, that this is appropriate legi - tangible or intangible, which we call property. la tion ; and, third, that it would be wise to exercise tbe power Those rights to tangible or intangible things which we call residing in Congress-in other words, that it would be best or property may be very important and should be-guaranteed and would be helpful to the several States and to the people of the preserved. Otherwise we have chaos; otherwise we have utter several States which in legal contemplation, in law and in demoralization, and we at once are headed back toward bar­ fact, constitute one Nation. barism. But what is the right to property compared to the The report proceed : right to life and to liberty? What I am trying here to make The proposed legislation is not an invasion or subver ion of the perfectly plain is: First, that this bill is dealing with the rights rights of the States, nor is it designed to relieve the States from the performance of their duty to secure to all persons within their several to life and liberty of men and women and children ; second, jurisdictions equal protection of the laws; on the contrary, the pro­ that it is not sectional; that it is not intended to invade or po ed legislation is in aid of the several States and will be impartially overthrow or destroy the legitimate rights of the several State . administered by the people of the several States. Indeed, that is the thought which follows in this report: I would beg to pause there for just one moment to invite the The proposed legislation is not and should not be considered in any Senate's attention to this fact, that if this bill shall be passed sense sect10naL. and shall come to be administered, it will not be administered If it were so I would not be standing here. If I thought that by a hostile people; it will not be administered by stranger this bill was concei"1ed in hostility to any section of my country, people. In a given State it will not be administered by anothet· I would not be troubling you with these poor words now. I State, however cordial and friendly it might be. It will be know that the bill is not sectional in its pmposes, its alms. administered by the people of the given State. The only pos­ I know that the right to life and liberty is just as precious in sible difference would be the forum where the questions at Illinois as it is in Texas, and I think that the right is guamn­ issue woulu be considered and decided. But whether it be teed by the Federal Constitution to the man or woman in Illi­ Texas, or Tennes ee, or Kentucky, or Virginia, or Maryland, nois even as it is guaranteed to the man or woman in every or California, this law would be administered by the people of other section of our country. It may be, l\fr. President and the given State where the offense was committed and where fellow Senators, that this measure, if it becomes the law of the right was involved. So the country ought to know that the land, will be used for the protection of the life and liberty this bill is not designed to invade a given State, to subvert of men and women in other sections than one in our country. the institutions of a given State, to trample under foot the Mr. SHIELDS. Mr. President-- rigllts of a given State, to cleave down the liberties of any The PRESIDENT pro tempore. Does the Senator from Cali­ man, woman, or child in any State. fornia yield to the Senator from Tennessee? I remember, as you all do so well, that Patrick Henry opposed l\Ir. SHORTRIDGE. I do. the ratification of the Constitution. His tongue of flame, his l\Ir. SHIELDS. Does not the Senator think the bill ought to genius, his mighty influence, were all against the ratification. be amended so that it -ri·ould apply to such cases as the Herrin But when that greater voice went out from Mount Vernon, massacre in Illinois? It does not apply to it now, as written. there at Richmond the convention ratified the great . Constitu­ l\Ir. SHORTRIDGE. I answer first, no, l\Ir. President; and, tion. Then it was that Patrick Henry, to whom we owe eternal secondly, I shall be very glad to have the Senator point out, as gratitude, and whose words inspire us with admiration and we proceed, why it does not or may not be made to apply to envy, and almost provoke us to silence, when be saw that the such cases as he refers to; but he will pardon me for not en- Constitution was ratified, said, "I am no longer a Virginian, .1arging upon that now. I am an American." You know his services thereafter, and the Mr. SHIELDS. Very briefly, ~Ir. President, the bill now ap­ love and the confidence Washington reposed in him. You know plies only to mobs making attacks upon persons charged with it ; we all know it. crime, or to prevent crime being committed. In the Herrin massacre the poor men who there were seeking to make a liv­ I invoke his spirit. I want this question to be considered a ing for their wives and children were not charged with any national question, not a State question. There is no foreign crime, yet this bill would not punish the murderers there. Government involved here. The Federal Government is my Gov­ Mr. SHORTRIDGE. If that be so, l\fr. President, I antici­ ernment and yours, and through the instrumentalities of Federal pate· an amendment to be proposed by the Senator from Ten­ grand juries or Federal courts the life and the liberty and the will ~ nessee. property of men will be guarded, and in a given case the law The report proceeds, and I repeat: be administered by the people of the State wherein the evil exists The proposed legislation is not and should not be considered in any or the offense has been committed and the right_ denied. sense sectional. '.rhe evil it is designed to cure is not confined to any So let no m'all, informed or uninformed, here or elsewhere, har­ particular section or State, North or South, East or West. This bor the idea that any of us, least of all myself, humble as I mons~rou s evil, which is a disgrace to the Nation, we should strive to wipe out- may be, has designs to march, so to speak, into a given State, invading and subverting its institutions, or interfering with the I think that is conservative language- just administration of the law. Of course, I stand up for law we. should strive to wipe out by a firm and just exercise of every leg~timate power conferred upon and residing in the Federal Consti­ and order and liberty, regulated liberty, not anarchy, and I tution. welcome any law which will protect the life or liberty or the 13086 co TGRESSION.AL R.ECORD-SE~ATE. SEPTEl\IBER 21} hone tly acquirero tempore. The Senat01· from Califor­ The committee indulged itself in these words: nia declines to yield. It is sincerely hoped and confidently .J>elieved that the early passage Mr. SHORTRIDGE. I would be very glad to have the Sena­ of thi. bill a amended will have a salutary e:trect and go far toward Kansas a uring that "equal protection of the laws." State and Federal, to tor from indicate to me his pnrpo e. which •· all person born or natu.raUzed in the United States and subject Mr. CUR'I!IS. I announced to the Senator about ho lf n to the juri diction thereof " are entitled. hour ago that we would like to have an executive e sion. If 1\lr. Pre"ident, perhaps it is quite unnecessary for me to the Senator will yield to me to make the motion to a-o into waste the time of Senators, \Vhose time doubtless is much more executive session, I would like to bave him do ao; otbe;wi e I valuable than mine, by these rather discursive remarks. 1 shall not preas the request. ha'Ve said, and I want to repeat, not in apology, perhaps in :Mr. SH~R.TIUDGE. Allow me, as a parliamentary inquiry, justification, however, that I want this bill brought up for con­ to be adTISed by the Ohair, if I should yield for that purpo , sideration, at which time I know there are Senators who will would 1 surrender the fioor'l have prepared themselves to discuss this question from all Mr. UNDERWOOD. I do not see how the Senator i e1er points of view, reviewing the history of the country, it may going to get a vote on his motion if he does not stop t !king be, giving theil.' own _views as to the Constitution, reviewing, at ome time. analyzing ; differentiating, it may be, the decisions of the Mr. SHORTRIDGE. I shall stop at the proper time but Supreme Court, Senators who favor the enactment of this that is not the que tion. ' bill as it is amended, and as it comes before the ·Senate. The PRESIDENT pro tempore. · Will the Senator from Cali­ It may be that amendments will be suggested by those not fornia state his inquiry of the Chair? favoring the passage of the bill in its present form. I can Mr. SHORTRIDGE. My inquiry is, If I should yield for tlrn i·ealize that there will be very earnest and very scholarly purpose of allowing the Senate to go into executive se ion arguments made in opposition to the passage of the bill upon would the motion which is now pending have to be renewe,i such grounds as have thus in part been rather anticipated by to-morrow? me, for I understand, Mr. President, that there are learned The PRESIDEl\"'T pro tempore. The Chair is of the opinion Senators here-and I know they are not confined to sections­ that that would depend entirely upon whether the Senate took -who earnestly think that it is not competent for Congre s to a recess or adjour.ned. If it took a recess the motion would be enact this legislation under the fourteenth amendment, or any pending. If the Senate adjour.ned it would not be pending. amendment, or the orisnnal Constitution before being amended. Mr. SHORTRIDGE. Am I to understand that the Senator So they will discuss the question, earnestly and with learn­ from Kansas seeks a recess? ing, and I am sure with since1·ity. l\Ir. CURTIS. It was my intention to move an exeC'uti1e I also realize that we have been in session for some time, session and then we would have to determine later about tal{­ a great many days, weeks, and months; but, so far as I am ing a recess or adjourning. It would depend upon circum­ concerned, I am willing to stay right here until this bill, if stances. If the point of no quorum was made, there is but taken up, is disposed of, however anxious I ·am to breathe one thing we could do, and that is to adjourn if no quonim again the air of California, from which State I have been developed. If a quorum developed, we could take a re e._ . absent until I fear that even my dogs there hITTe forgotten .l\ir. HARRISON. May I sua-gest to the Senator from Kan­ me, though the faithful dog is the last friend on this earth sas and the Senator from California that we take a rea nd to forget his friend. nay vote on the motion now to take up the bill and get tbrou"'b I am anxiou , indeed, to get home ; but it seems to me that with it? e if we should agree to take up this b1ll! and Senators would l\lr. SHORTRIDGE. Oertainly. enter into a gentleman's agreement to discuss it for two or The PRESIDEl\."'T pro tempore. Does the Senator from Cllli­ three d..'lys, each side, if there be ·sides, could advance their fornia yield to the Senator from Kansas for the purpo e be arguments, not to curtail argument, but could give their views, indicated? and that we could come to a vote on the measure certainly Mr. SHORTRIDGE. I shall not yield to anyone at pre ent within a week. I respect the wishes of the House of Repre­ and that with all respect. sentative., and what is perhaps the wish of others. The PRESIDENT pro tempore. The Senator from California Mr. SHIELDS. The Senator knows the bill was discussed decline to yield. . five weeks in the House, does he not? Mr. HARRISON. Let us ham the yeas and nav on the Mr. SHORTRlDGE. I think it was di cu . ed for a long Senator's motion. • time; quite unnecessarily, howeYer. 1\lr. SHORTRIDGE. One moment, Mr. President-- l\Jr. SHIELDS. With the Senator's intelligence and compre­ The PRESIDEl~T pro tempore. Has not the Senator from hension of the condition of affairs in the Senate, \vhen he California concluded his ob ervations? mo-red to take this bill up he did not expect it to be taken up Mr. SHORTRIDGE. I have not. and dispo ed of at this ession, did he? The PRESIDENT pro tempore. The Senator from California Mr. SHORTRIDGE. Things change l'apidly. I answer the will proceed. Senator, if 1t is neces ary, that I was Yery fearful that it Mr. SHORTRIDGE. Mr. President, the bill wa reportetl would not be di :posed of if taken up; that is true. I had favorably by the committee. The motion is before the Sen te hoped to haYe it taken up fully 10 days ago, but there were and I shall conclude by e::q>ressing the earnest hope that the other bills and conference reports, the bonus bill, and the Senate will now vote to t.a.ke it up for immediate consideration. tariff bill, which delayed my asking that the bill be taken up. 1\lr. U.1.ffiERWOOD. I call for the yeas and nay . But this is the fir t time I have felt I had the right to the Mr. CURTIS. .Mr. President, I suggest the ab ence of a :floor Since I came here from California, and I do not want quorum. to abuse that right. I am willing to be guided by the wisdom The PRESIDENT pro tempore. The Secretary will eall lbe of others. I have made the motion that this bill be taken up, roll. ancl that we proceed immediately with its consideration, and The Assistant Secretary called the roll, and the following I have said all I can say, perhaps, in favor of taking it up. Senators answered to their names: I realize that we could go on with argument as to the merits Brandegee France Pepper utherland of the bill, and I should ham stated in briefer fashion the Bur um Jones, Wah. Raw on Swanson Calder McCormick Reed, Pa. Town end purposes of the bill. In any e\ent, I have aid enough-- Cameron M('Kellar Robinson Underwood Mr. HARRISON. lli. President, will the Senator yield? Capper lkNary heppard Warr n Mr. SHORTRIDGE. I remember the Senator from Missis­ Cummins Moses Shortridge Wa.tson. Ind. sippi. For what purpo e does the -senator ask me to yield? Curtis Owen Simmons Mr. HARRISON. I merely wanted to inquire whether the Mr. UNDERWOOD. I do not believe, under the rule of the Senator before be takes his seat is going to ask for the yeas Senate or the Constitution, that we require a quorum to ad­ and nays, so that we can vote on his motion? journ. Mr. HORTRIDGE. Certainly, I a ·k for a vote. I have The PRESIDENT pro tempore. A quorum is not required made the motion. for that purpose. l\lr. HARRISON. Does not the Senator realize that if his Mr. UrmERWOOD. I move that the Senate do now ad­ motion prevails it knocks out the 20,000,000 appropriation journ, and on that I ask for the yeas and nays. whkh the Senate adopted for reclamation work in the \\est? The PRESIDEXT pro tempore. The announcement has not ~fr. SHORTRIDGE. I realize it full well. yet been made. filr. CURTIS. If the Senator from California will yield to 1Ir. ti\DERWOOD. I will allow the announcement to be rue, I would like to moYe-- made. but I do not think it is material. The PR-E !DENT pro tempore. Do . the S nator from Cal­ Tbe PRE. 'lDEl\T pro tempore. Twenty- even Senator. lJaY­ ifornia yield to the Senator from Kansas? ing answered ro their names, there is not a quorum pre ent. •

1922. CONGRESSIONAL RECORD-HOUSE. 13087

Mr. UNDERWOOD. I moYe that the Senate do now ali­ XE.SS.A.GE FROM THE SENATE. journ, and on that question I ask for the yeas and nays. A message from the Senate, by Mr. Crockett, one of its clerks, The yeas and nays were ordered, and the Assistant Secretary announced that the Senate had concurred in the following con­ proceeded to call the roll. current resolution : Mr. STERLING (when his name was ealled). I transfer House Concurrent Resolution 70. my pair with the Senator from South Carolina [Mr. SMITH] to Re~l~d by the House of Representatives (the Senate concurring), the Senator from North Dakota [Mr. LADD] and vote "nay," That there be printed for the use of Congress 80,000 copies of the Mr. WARREN (when his name was called). I withhold my tariff law of 1922 in pamphlet form, indexed, to be apportioned as follows: -vote. Thirty.five thousand copies for the use of the House of Representa­ Mr. WATSON of Indiana (when his name was called). I tives, 20,000 copies for the use of the Senate, 5,000 copies for the use ha\e a general pair with the senior Senator from Mississippi of the Committee on Ways and Means of the House of Representatives, 5,000 co-pies tor the use of the Committee on Finance of the Senate, [1\Ir. WILLIAMS] which I ti:a.nsfer to the junior Senator from 10,000 copies for the use of the House document room, 5,000 copies Maryland [Mr. WELLER] and vote "nay." for the use of the Senate document room, and that the Public Printer The roll call was concluded. be authorized to print for sale such copies ot said la.w as in his dis­ Mr. McKELLAR (after having rnted in the affirmative). I cretion may be necessary. have a pair with the junior Senator from Indiana [Mr. NEW] The message also announced that the Senate had agreed to which I transfer to the senior Senntor from Louisiana [Mr. the reports Qf th~ committees of conference -0n the disagreeing RANSDELL] and let my vote stand. votes of the two Houses on the amendments of the Senate to Mr. SIMMONS (after having voted in the affirmative). I bills of the following titles: have a general pair with the junior Senator from Minnesota H. R. 6750. An act for the consolidation <>f forest lands within {Mr. KELLOGG]~ I transfer that pair to the senior Senator from the Wenatchee National Forest, State of Washington, and for Mi ouri [:Mr. REED l and allow my vote to .stand. other purposes ; and T.he roll call resulted-yeas 10, nays .22, RB follows: H. R.12377. An act to establish a commission to be known YEAS-10. as the United States coal commission for the purpose of securing Ashurst McKellar Sheppard Underwood information in connection with questions relative to interstate Borah Myers Simmons commerce in coal, and for other purposes. Heflin Robinson wanson The message also announced that the Senate had passed the NAYS-22. following order: Brm1degee France Norbeck Sterling Ordet·e