1910. CONGRESSIONAL RECORD-SENATE. 1957

&tlUNITED STATES. Prescott, Mich., favoring parcels -post and against abolishing the TRENTON, N. J., Februa1·11 7, 1910. rural free delivery-to the Committee on the Post-01fice and To the ·legislature: On the 26th roposed amendment, If adopted by the requisite number of States, will confer npon Congress the power to levy a direct tax, in ter and for a general par<:!els post-to the Committee on the the nature of an income tax, upon the property of persons in the several Post-Offi.ee and Post-Roads. States without regard to the inhibition now in the Federal Constitution By Mr. McCALL : Petition of Broadway Congregational against laying any -direct tax " unless in proportion to the census of enumeration,., by that instrument directed to be taken. Church, of Somerville, Mass., for the Bur-kett-Sims bill forbid­ The Supreme -Court of the United States sustained in principle the ding interstate transmission of race-gambling bets-to the Com­ laying of an income tax in two cases, namely : Hylton v. United States mittee -0n the Judiciary. (3 Dall., 171) and Springer v. United States (102 U. S., 586). But 1n 1894 that court, 1n Pollock v. Farmers' Loan and Trust Com· Also, petition of Broadway Congregational Church, of Somer­ pany (157 U. S., 429), reversed these former decisions and declared ville, Mass., for the Mccumber-Tirrell bill against liquor selling the income tax imposed nnder the act of Congress in that case uncon­ on property of the United States-to the Committee on Alco­ stitutional, because the tu.x was not in proportion to the census ·ol." enumeration directed to be taken under the Federal Constitution. The holic Liquor Traffic. effect of this last d.ecision is to practically destroy the laying of any ta:x: Also, petition ot Broadway Congregational Church, of Somer­ wnatever upon income unless based upon some principle ot ca.pllati.on. ville, Mass., favoring the Johnson bill preventing liquor -selling A tax laid upon any such basis as that would be of little if any value, and would fail to reach persons with large incomes, who should in Haw.ail-to the Committee on Insular Affairs. be the ones to bear the burden of such taxation. By Mr. :l\fALBY: Paper to accompany bill for relief of Wil­ An income tax is the most 3ust :and equitable tax that can be levied. · liam M. Cordwell-to the Committee on Pensions. It imposes the ossessed, by reason of its very meagerness, is easily found by the assessor, and when the tax is levied it is satisfied. This can not Also, petition of Nebraska Dairymen~s Association, for House be said, however, of those who nre essentially rich and whose holdings bill 15422, .for agricUltural extension-to the Committee on are large. It has been stated, with some semblance of certainty, that Agriculture. over 80 per cent of all the vested wealth of this country is owned and controlled by 3,000 estates, corporations, and individuals. It is obvi­ By Mr. MILLINGTON: Petition of Local Union ..N<>. 1016, of ous that 80 per cent of the annual taxes levied is not borne by the Rome, N. Y., United Brotherhood of Carpenters and Joiners, for group just mentioned. It may be that this estimate is inaccurate. The i·eenactment of House bill 15441, for a government -eight-hour casual observer, however, is convinced that the burden of taxpaying is borne very largely, and out of all due proportion~ by the citizens of mod· day by contract or subcontract-to the Committee -011 the Judi­ erate means. ciary. The taxes laid upon real estate are out o! all proportion to its relative value to .a.11 the other property owned by our citizens. This Also, petition from various residents .of Vienna, N. Y.~ pro­ results in the man with the small home bearing his full share of tax testing against the passage of Senate bill 404, providing for the exactions, while the ma.n of many times as great wealth escapes a observance of Sunday as .a day of rest in the District of Colum­ large -share of just taxation. The taxation of personal property is limited because of the -difficulty to -discover it, while real estate, which bia, and against the passage of House joint resolution il7, pro­ is always discoverable, is fully taxed. posing ft certain amendment to the Constitution-to the Com­ An income tax is a tax which is sure to reach all classes of property, mittee on the District of Columbia. real and personal. The United States should possess the unquestioned power to tax By Mr. .MOORE of Pennsylvania: Petitions of the German­ incomes. 1t may not be necessary to use the power, but if emergency .American Hosiery Company and the Smaltz-Goodwin Company~ should arise which requires it, the right to tax should exist. of Philadelphia, against corporation~tax law-to the Committee Criticism of the :amendment herewith transmitted is made upon the ground that under it the income upon state or municipal securities on Ways and Means. might be taxed. Wlly this should not be I am quite unable to -see. By Mr. MORGAN of :Missouri: Petition of Post N-0. 17~ Grand The argument made is that a tax upon incom~s -from this source might Army of the Republic, of Cameron, Mo., against display of any (1) decrease the value of such securities in the market; (2) that Con­ gress might, through such a tax, impair the power .of the States. insignia recognized by the confederacy in the confederate ceme­ Neither of these suggestions seem to me to have force. tery in Springfie1d, l\Io., in ease it is taken over by the Gov­ Suppose 1 per cent of tax were to be levied upon incomes. Under ernment-to the Committee on Military Affairs. such a tax the holder o.f a $1,000 4 per cent state or municipal bond would pay an income tax on $40 per year, which would a.mount to 4() .Also, petition of F. M. Sponable, W. '.ffi. Robbins, and 15 other cents per annum. 'Citizens of Alba; Mo., against postal savings-bank law-to If the patriotism of our citizens and the interest of our financial in­ the Committee -on Banking and Currency. stitutions, wh-0 take and hold state and municipal securities, is at so low an ebb as to cause such a tax to affect the value of state or By Mr. REEDER: Petition of citizens of Grant, Kans., for municipal securities, we are, indeed, in an unfortunate condition in the legislation against gambling in farm products-to the Commit­ Repubtlc. No one can believe that such a condition exists. tee on Agriculture. As to the claim that the Federal Government might injure the States, as such, by taxing state bonds under an income tax, there are Also, petition of citizens of Paradise, Kans., against postal two satisfactory answers: savings banks-to the Committee on the Post-Office and Post- First. The Congress is representative of the States and elected by Boads. the citizenship thereof, and the remedy ls in the hands of the people By l\lr. VREELAND : Petition of Council No. 919, Knights of of the States by not returning such Con.gressmen. Second. The patriotism of our people is such that no Congress could Columbus., Wellsville, N. Y., favoring House ·bill 17543--to the be elected that would lay any tax with a view of destroying the .Power .Committee on the Post-Office and Post-Roads. - or integrity. of the States. If this be not true, the relation of our '1958 CONGRESSIONAL RECORD-SENATE. FEBRUARY 16,

States to the Republic is surely of much less importance than many of He also presented petitions of sundry citizens of New Phila­ us have hitherto supposed. · Under a republican form of government the people rule, and they delphia, Columbus, Cleveland, Dayton, Newark, Amanda, Penin­ can be safely trusted to see that their Representatives make no unjust sula, Toledo, Lorain, Zanesville, Sandusky, Barberton, and exactions in the way of taxation or in the curtailing of the rights of Mount Vernon, all in the State of Ohio, praying for the enact­ the State or otherwise. Nor am I inclined to accept the statement that the Supreme Court of the United States might construe the words ment of legislation providing for the admission of publications " from whatever source derived," as found in the pending amen.dment, of fraternal societies to the mails as second-class matter, which as justifying the taxing of the securities of any other taxing power. were referred to the Committee on Post-Offices and Post-Roads. '.Chere is no express provision in the Federal Constitution at present prohibiting the Congress from imposing an income tax upon the securi­ Mr. OLIVER presented a memorial of Old Glory Chapter, ties of a State. Yet in the Pollock case (supra) the court held, speak­ No. 58, American Insurance Union, of Pittsburg, Pa., remon­ in?, through Chief Justice Fuller, at page 583, as follows : strating against the enactment of legislation to increase the 'The Constitution contemplates the Independent exercise by the Nation and the State, severally, of their constitutional powers. As rate of postage on periodicals and magazip.es, which was re­ the States can not tax the powers, the operations, or the property of ferred to the Committee on Post-Offices and Post-Roads. the United States, nor the means which they employ to carry their He also presented a memorial of sundry citizens of Pittsburg, powers into execution, so it has been held that the United States have no power under the Constitution to tax either the instrumentalities or Pa., and a memorial of sundry citizens of Donora, Pa., remon­ the property of a State. A municipal corporation ls the representative strating against the passage of the so-called "postal savings­ of the State and one of the instrumentalities of the state government. bank bill," which were ordered to lie on the table. It was long ago determined that the property and revenues of municipal corporations are not subjects of federal taxation." He also presented a petition of the congregation of the Tenth 'l'o support this opinion of the Chief Justice numerous cases are United Protestant Congregational Church, of Pittsburg, Pa., reviewed and cited. \. and a petition of the First Presbyterian Christian Endeavor I think the principle or law thus quoted, which ts founded upon public policy, would obtain in construing a constitutional provision Society, of Crafton, Pa., praying to enact legislation to prohibit equally as firmly as in the construction of an act of Congress. Words the sale of intoxicating liquors in the Territory of Hawaii, in a constitution are no more forceful, nor are they dUferently con­ which were referred to the Committee on Pacific Islands and strued, than the same words in a lawfully enacted statute. The Supreme Cow·t of the United States, up to this time, has been the sure Porto Rico. reliance, not only of the Nation, but of the States. The future may be He also presented a petition of the First Presbyterian Chris­ safely rested there. tian Endeavor Society, of Crafton, Pa., and a petition of the 'l'he inability to impose an income tax, 11 the necessities of the Gov­ ernment required it, would amount to a national calamity. congregation of the Tenth United Protestant Congregational The Congress practically unanimously adopted and submitted this Church, of Pittsburg, Pa., praying for the enactment of legisla­ proposed amendment. It is vital to the safety and security of the tion to prohibit the interstate transmission of race gambling Republic in time of need, and is without danger in the power conferred. It is submitted to the legislature for its action in the fl.rm conviction bets, which were ·referred to the Committee on the Judiciary. that its approval is in the interests of a just and equitable method of He also presented a petition of the Tenth United Protestant taxation. Congregational Church, of Pittsburg, Pa., and a petition of the Respectfully submitted. First Presbyterian Christian Endeavor Society, of Crafton, Pa., JOHN FRA 'KLIN FORT, Govet·nor. praying for the enactment of legislation to prohibit the sale of intoxicating liquors in government buildings and ships, which [S. J. Res. 40. Sixty-first Congress of the United States of America, at the first session, begun and held at the city of Washington on Mon­ were referred to the Committee on Education and Labor. day, the 15th day of March, 1909.] Mr. CULLOM presented a memorial of sundry citizens of Joint resolution proposing an amendment to the Constitution of the Cuba, Ill., remonstrating against the passage of the so-called United States. "postal savings-bank bill," which was ordered to lie on the ResoZ,,;ed by the Senate ana House of Representatives of the United tabJe. States of Ame1·ica in Congress assemblea (two-thirds of each House concurring therein), That the following article is proposed as an He also presented a petition of Local Union No. 26, Interna­ amendment to the Constitution of the United States, which, when tional United Brotherhood of Leather Workers, of Quincy, Ill., ratified by the legislatures of three-fourths of the several States, shall praying for the passage of the so-called " eight-hour bill," be valid to all intents and purposes as a part of the Constitution: "Article XVI. The Congress shall have power to lay and collect taxes which was referred to the Committee on Education and Labor. on incomes, from whatever source derived, without apportionment Mr. FRYE presented a petition of P. Gillise Council, No. among the several States, and without regard to any census or enu­ 1888, Knights of Columbus, of the State of Maine, praying for meration." the enactment of legislation providing for the admission of the J. G. CANNON, Speaker of the House of Representatives. publications of fraternal societies to the mails as second-class J. s. SHERM~, matter, which was referred to the Committee on Post-Offices Vice-President of the United States and President of the Senate. and Post-Roads. Attest: Mr. OVERMAN presented a memorial of sundry citizens of A. McDOWELL, Greensboro, N. C., remonstrating against the passage of the Clerk of the House of Representatives. so-called "postal savings-bank bill," which was ordered to CHARLES G. BENNETT, Secretary. lie on the table. · By HENRY H. GILFRY, Mr. SHIVELY presented a petition of sundry labor organiza­ Chief Clerk. tions of Logansport, Ind., praying for the passage of the so­ I certify that this joint resolution originated in the Senate. called " eight-hour bill," which was referred to the Committee CHARLES G. BENNETT, Secretary. on Education and Labor. By HENRY H. GILFRY, He also presented a memorial of sundry publishers and busi­ Chief Olerk. ness men of Indianapolis, Ind., remonstrating against the en­ PETITIONS AND MEMORIALS. actment of legislation to increase the rate of postage on period­ The VICE-PRESIDENT presented resolutions adopted at a icals and magazines, which was referred to the Committee on meeting of the Citizens• Association of Takoma Park, D. C., in­ Post-Offices and Post-Roads. dorsing the resolution of the Senate calling upon the Attorney­ Mr. FLINT presented a petition of the Los Angeles Chapter, General for information regarding the capitalization of the California Society of the Sons of the American Revolution, Washington Gaslight Company, which were referred to the praying for the retention and strengthening of the division of Committee on the District of Columbia. information of the Bureau of Immigration and Naturalization Mr. NELSON presented a memorial of the Farmers• Institute in the Department of Commerce and Labor, which was referred of Redwood Falls, Minn., remonstrating against the repeal of to the Committee on Immigation. the present oleomargarine law, which was referred to the Com­ He also presented a memorial of the Hypatia Women's Club, mittee on Agriculture and Forestry. of San Francisco, Cal., and a memorial of Fairfield Circle, No. Mr. BURTON presented memorials of sundry citizens of 25, Ladies of the Grand Army ·of the Republic, of Pacific Grove, Cleveland, Washington Court House, and Bloomingburg, all in Cal., remonstrating against the use of the water supply of the the State of Ohio, remonstrating against the passage of the so­ Retch Hetchy Valley by the city of San Francisco, Cal., which called "postal savings-bank bill," which were ordered to lie on were referred to the Committee on Conservation of National the table. Resources. He also presented a memorial of Commodore Farragut Post, He also presented a petition of the Iron Trades' Council, No. 2, Department of Ohio, Grand Army of the Republic, of of San Francisco, Cal., praying for the enactment of legisla­ Lorain, Ohio, remonstrating against the erection of a monument tion to maintain and support the proposed. Meyer pJan of " to the substitute for President Lincoln in the civil war," which operating the navy-yards of the country, which was referred to was referred to the Committee on the Library. the Committee on Naval Affairs. He also presented a petition of the congregation of the Dis­ He also presented a petition of the Chamber of Commerca ciple Church of Salem, Ohio, praying for the enactment of legis­ of Los Angeles, Cal., praying for the enactment of legislation lation to prohibit the sale of intoxicating liquors in the Terri­ to chap.ge the present law governing the immigration and tory of Hawaii, which was referred to the Committee on residence of Chinese in this country, which was referred to the Pacific Islands and Porto Rico. Committee on Immigration. 1910. CONGRESSIONAL RECORD-SENATEI\ 1959

He also presented a petition of sundry corporations of Wat- carrying immigrants between the United States and foreign sonville, Cal., praying for the repeal of the corporation income- ports, which was referred to the Committee on Immigration. tax law, which was referred to the Committee on Finance. He also presented a petition of the Volunteer Officers' .A..sso- Mr. GALLINGER presented a petition of the Baptist Min- ciation -of Dubuque, Iowa, praying for the enactment of legisla­ isters Conference of Washington, D. C., praying for the enact- tion to create a volunteer retired list in the War and Navy de­ ment of legislation to regulate the traffic in intoxicating liquors partments for the surviving officers of the civil war, which was in the District of Columbia, which was referred to the Com- referred to the Committee on :Military Affairs. mittee on the District of Columbia. :Mr. DEPEW presented a memorial of sundry citizens of He also presented a petition of the Takoma Park Citizens' Lyons, N. Y., remonstrating against the passage of the so-called Association of the District of Columbia, praying for the en- "postal savings-bank bill," which was ordered to lie on the actment of legislation to extend the tracks of the Baltimore table. and Washington Transit Company from Third and Kennedy He also presented a petition of the Downtown Taxpayers' streets to Thirteenth street and Ohio avenue, which was Association, of Brooklyn, N. Y., praying for the passage of the referred to the Committee on the District of Columbia. so-called " eight-hour bill," which was refer-red to the Com- He also presented a petition of the Brightwood Park Asso- mittee on Education and Labor. ciation of the District of Columbia, praying for the enactment He also presented a petition of Local Union No. 217, Inter­ of legislation providing for the issuance of bonds for permanent national Longshoremen's .A.ssociaticm, of Ogdensburg, N. Y., improvements in the District of Columbia. wihch was referred praying for the enactment of legislation extending the eight­ to the Committee on the District of Columbia. hour law so as to include work done for the Government by Mr. MARTIN presented a memorial of sundry citizens of contractors and subcontractors, ·which was referred to the Bristol, Va., remonstrating against the passage of the so- Committee on Education and Labor. called "postal savings-bank bill," which was ordered to lie on He also presented a petition of Local Council No. 39, Junior the table. Order United American Mechanics, of Bay Shore, N. Y., and Mr. BURKETT presented a memorial of the Ben Franklin a petition of Local Council No. 50, Junior Order United Ameri­ Club, of Lincoln, Nebr., remonstrating against the printing by can Mechanics, of Buffalo, N. Y., praying for the enactment the Government of certain matter on stamped envelopes, which of legislation to further regulate the immigration of aliens was referred to the Committee on Post-Offices and Post-Roads. into the United States, which were ordered to lie on the table. Mr.· BOURNE presented a petition of sundry citizens of He also presented a petition· of the board of trustees of the Kerby, Oreg., praying for the passage of the so-called "rural Chamber of Commerce of Albany, N. Y., praying for the repeal parcelS-post and postal savings-bank bills," which was referred of the publicity clause in the tarifr law, which was referred to the Committee on Post-Offices and Post-Roads. to the Cpmmittee on Finance. · Mr. OWEN presented a petition of sundry officers and mem- He also presented a petition of Local Council No. 473, Knights bers of the Shawnee tribe of Indians of the Cherokee ·Nation, of Columbus, of Oneida, N. Y., praying for the enactment of of Oklahoma, praying for the enactment of legislation granting legislation providing for the admission of publications of them relief for depredations committed during the war of the fraternal societies through the mails as second-class matter, rebellion, which was referred to the Committee on Indian which was referred to the Committee on Post-Offices and Post- Affairs. Roads. He also presented a petition of sundry citizens of the Creek APACHE PRISONERS OF WAR. Nation of Indians, of the State of Oklahoma, praying for the Mr. OWEN. I present the memorial of S. M. Brosius, on enactment of l~gislation providing for the equal~tion of Cr~ek behalf of the Indian Rights Association, in regard to the allot;ments, which w. as . referred to the Committee on Indian I Apache prisoners of war now confined at the Fort Sill Military Affairs. . Reservation, Okla. It is very short, and I should like .to Mr. SCOTT pr~sented a memorial of. the Ohio Valley Trades have it printed as a document for the information of the Sen­ and Labor Council Assembly, of Wheelmg, W. Va., rernonstrat- ate. I make that motion. ing against any increase in the rates of postage on second-class The motion was agreed to. mail matter, which was referred to the Committee on Post­ Offices and Post-Roads. DIPLOMATIO AND CONSULAR APPROPRIATION BILL. He also presented a petition of Local Branch No. 77, Glass :Mr. HALE. I report back from the Committee on Appropria­ Blowers' Association of United States and Canada, of Fair­ tions, with sundry amendments, the bill (H. R. 19255) mald:ng mont, W. Va., and a petition of Local Lodge No. 1. Amalga­ appropriations for the diplomatic and consular service for the mated Association of Iron, Steel, and Tin PJate Workers, of fiscal year ending June 30, 1911, and I submit a report (No. 226) Follans.bee, W. Va., praying for the passage of the so-called thereon. I shall ask the Senate early to-morrow morning to " eight-hour bill," which were referred to the Committee on take up the bill. Education and Labor. I take this occasion, Mr. President, to say that, with one ex­ He :tlso presented a petition of the Woman's Home Mission­ ception, this brings the Senate up even with the House on ap­ ary Society of St. Paul's Church, of Grafton, W. Va., praying for propriation bills. The appropriation bill for the Agricultural the enactment of legislation to prohibit the sale of intoxicating Department is with the Committee on Agriculture and Forestry, liquors in the Territory of Hawaii, which was referred to the and that is the only appropriation bill now before the Senate Committee on Pacific Islands and Porto Rico. or in committee. As I have said, this brings the Senate up Ur. DOLLIVER presented memorials of sundry citizens of even with the House with that exception. I shall call up the Boone, Ogden, Minden, Toronto, Oxford Junction, and Traer, bill to-morrow morning. all in the State of Iowa, remonstrating against the passage of The VICE-PRESIDENT. The bill will be placed on the the so-called "postal savings-bank bill," which were ordered to calendar. lie on the table. REPORT OF A COMMITTEE. He also presented .a petition of the Woman's Christian Tem­ Mr. M:cCUMBER, from the Committee on Pensions, to whom perance Union of Page County, Iowa, praying for the enact­ were_ referred certain bills granting pensions and increase of ment of legislation to prohibit the sale of intoxicating liquors in pensions, submitted a report (No. 227) accompanied by a bill government buildings and ships, which was referred to the Com­ ( S. 6431) granting pensions and increase of pensions to certain mittee on Education and Labor. soldiers and sailors of the civil war and certain widows and He also presented a petition of the Farmers' Institute of dependent relatives of such soldiers and sailors, which was read iWatertown, Iowa, praying for the enactment of legislati-0n re­ twice by its title, the bill being a substitute for the following quiring elementary agriculture to be taught in the rural schools Senate bills heretofore referred to that committee: of the country, which was referred to the Committee on Agri­ S. 43. Max Reidel; culture and Forestry. S. 47. John Todd; He also presented a petition of the Commercial Club of Daven­ S. 208. Alonzo Blood; port, Iowa, praying for the repeal of the corp<>ration income-tax S. 359. John H. Sims; law, which was referred to the Committee on Finance. . S. 364. Stephen A. Toops; He also presented petitions of sundry citizens of Iowa, pray­ S. 368. Thomas Williams ; ing for the enactment of legislation to prohibit the sale of in­ S. 387. Edward Everett Henry: toxicating liquors in the Territory of Hawaii, and also to pro­ S. 443. John M. Spangler ; hibit the interstate transmission of race-gambling bets. which S. 472. George W. Gibson; were referred to the Committee on Pacific Islands and Porto S. 521. Isaac B. Doolittre; Rk~ . S. 605. Jacob Buchman; ' He also presented a petition of sundry citizens of Iowa, pray- S. 684. Jacob Martin; ing for the enactment of legislation providing for the appoint­ S. 685. Annie E. Shout; ment of surgeons, immigrant inspectors, and matrons on vessels S. 741. . Charles Davis; 1960 CONGRESSIONAL RECORD-SENATE. FEBRUARY 16,

S. 747. John H. Johonnett; THANKS TO GOVERNMENT OF ITALY, S. 840. Edgar A. Kent; Mr. CULLOM. From the Committee on Foreign Relations I S. 1228. Allen Rhodes; report ·back without amendment the joint resolution (H. J. Res. S.1740. Edward H. Short: 93) authorizing the President of the United States to convey S.1812. David N. Heatherly; thanks to the Government of Italy for certain gifts, and I ask S.1813. Thomas J. Craven; for the immediate consideration of the joint resolution. S.1909. David Bartlett; The Secretary read the joint resolution, and, there being no S. 2199. Elwood D. Harold ; objection, the Senate, as in Committee of the Whole, proceeded S. 2313. Harvey W. Cory; to its consideration. S. 2374. Alfred J. Henry; The pr·eamble recites that the Government of Italy, as an ex­ S. 2508. Emily S. Beale; pression of its gratitude for the action of Congress and of the S. 2531. William H. H. Morris;· American people in behalf of the sufferers from the earthquake S. 2537. Niram N. Buttolph; of December, 1908, presented to the Library of Congress a copy S. 2617. John Otto; of each engraving seen in the Catalogue of the Best Prints and S. 2645. William Armstrong; Engravings in Copper which Exist in the Royal Copperplate S. 2803. Frederick Bill ; Collection. S. 2834. Alexander Phillips ; The joint resolution authorizes the President to convey to the S. 2838. Fredel'ick Heinemann ; Government of Italy the thanks of the Government of the S. 2856. Abram McCoy ; United States for the gift, valuable from the standpoint of art, S. 2886. Ja.mes W. Paschal; and more valuable as an expression of the good will of the Gov­ S. 2887. William H. Hopkirk; ernment and people of Italy. S. 2897. Joseph E. Stanley; The joint resolution was reported to the Senate without S. 2907. Harvey J. Shoulters; amendment, ordered to a third reading, read the third time, and S. 3099. Mary A. Medley; passed. · S. 3210. Sarah Cryan ; The preamble was agreed to. S. 3265. John C. Steele; S. 3282. Harlow l\f. Hall; MESSAGE FROM THE HOUSE. S. 3283. William H. Hanscom ;· A message from the House of Representatives, by W. J. S. 3299. Philip Bessor ; Browning, its Chief Clerk, returned to the Senate, in compliance S. 3340. John H. Davidson ; with its request, the bill (S. 3544) to grant right of way over S. 37 49. William H. Blanchard; the public domain in the State of Arkansas for oil and gas pipe S. 3771. Robert T. Goodwin; lines. S. 3846. Wesley A. Cain ; The mes.sage also announced that the House had passed a S. 4376. Bailey D. Judkins; bill (H. R. 20686) making appropriations for the construction, S. 4382. William L. Conner ; repair, and preservation of certain public works on rivers and S. 4383. Thomas S. Bonar; harbors, and for other purposes, in which it i·equested the con­ S. 4412. Charles Leonidas Fowler; currence of the Senate. S. 4414. James R. Sage; S. 4487. Warren F. Williams; ENROLLED BILLS SIGNED. S. 4489. Samuel Walton; The message further announced that the Speaker of the S. 4592. Rufus P. Stokely; House had signed the following enrolled bills, and they were S. 4604. Susan T. Sailor; thereupon signed by the Vice-President: S. 4616. George S. Greenwood; H. R. 7900. An act for the relief of Thomas B. Pope; S. 4637. Henry H. Moulton ; H. R. 11989. An act to provide for the removal of present S. 4638. James W. Saunders; grade crossing and construction of a new grade crossing on the S. 4673. Eliza C. Noble; line of Q street NE., District of Columbia ; S. 4706. Francis W. Pratt; H. R.16324. An act to authorize the extension of Park place S. 4761. Edward Day; NW.; S. 4770. Peter Schrofer; H. R. 16328. An act for the extension of Franklin street NE. S. 4 771. Jefferson Lee ; from its present eastern terminus east of Twenty-fourth street S. 4782. William S. Eberman; to the Bladensburg road; S. 4874. Louis Schmidt; H. R.16329. An act to provide for the extension of Newton S. 4893. Frank N. Blackstone; place NW., from New Hampshire avenue to Georgia avenue, S. 4896. Jason L. Doten; and to connect Newton place in Gass subdivision with Newton S.4903. Mary J. Wentworth; place in Whitney Close subdivision; S. 4905. Freeman F. Walker; H. R. 16336. An act authorizing certain changes in the plan S. 4929. Edward M. Duff; for the permanent system of highways for that portion of the S. 4983. WiJJiam H. Veasey ; District of Columbia lying west of Rock Creek Park, north of S. 5077. Annie A. Masker; Klingle road, east of avenue, and south of Ellicott S. 5135. John E. Hill ; street NW.; S. 5176. Claudius B. Miller; H. R. 18411. An act to authorize the Thacker Coal Mining S. 5196. Samuel Lilly ; Company to construct a footbridge across the Tug River at S. 5239. William H. Hicks ; Thacker, Mingo County, W. Ya.; S. 5356. Mortimer A. Wilbur; H. R.18592. An act to amend an act authorizing the construc­ S. 5360. Edwin F. Hendricks; tion of a. bridge across the Missouri River at Kansas City, Mo.; S. 5430. Charles R. Dodge; H. R.18695. An act to revive an act to authorize the construc­ S. 5598. William R. Dye ; tion of a bridge across Tug Fork of Big Sandy River, West S. 5599. Joseph Hall; Virginia; S. 5638. Lemuel Karr; H R.18806. An act to authorize the construction, mainte­ S. 5646. Enos Gordon ; nance, and operation of a bridge across t}:ie Black River near S. 5687. Joseph H. Graham; Paroquet, Ark. ; S. 5701. Jane Pieper; H. R.18807. An act to authorize the construction, mainte­ S. 5726. George A. Miller ; nance, and oper.ation of a bridge across the St. Francis River S. 5736. Henry S. Webster; near Parkin, Ark. ; and S. 57159. Enoch W. F. Felt; H. R.18808. An act to authorize the construction, mainte­ S. 5 20. Asaht~ R. Baker ; nance and operation of a bridge across the White River at S. 5822. Henry L. Stafford; Augusta, Ark. S. 5 23. Isaac Crist; BILLS INTRODUCED, S. 5 24. Barnard Hassing; S. 5848. Catherine T. Hutchison;· Bills were introduced, read the first time, and, by unanimous S. 5941. William A. Miles ; consent, the second time, and referred as follows : S. 5942. William Farnsworth; By Mr. FRYE: s. 5959. Hugh l\farshall ; A bill ( S. 6432) granting a pension to Adelford Lajoie; S. 6039. Thomas Brownlee; and A bill (S. 6433) granting an increase of pension to Joseph S. 6094. William H. Baugher. A. Libby; and 1910. CONGRESSIONAL RECORD-SENATE. 19611

A bill (S. 6434) granting a pension to Patrick Doyle (with an A bill (S. 6463) granting a pension to Celia Jenks (with an accompanying paper); to the Committee on Pensions. accompanying paper); to the Committee on Pensions. By Mr. DAVIS: By Mr. GORE~ A bill ( S. 6435) for the relief of the firm of Bertrand & Scull; A bill (S. 6464) granting an increase of pension to Daniel and T. Rose (with accompanying papers); to the Committee on (By request.) A bill (S. 6436) for the relief of the estate of Pensions. J. H. Moseby, deceased; to the Committee on Claims. (By request) A bill (S. 6465) to validate certain titles to By Mr. SHIVELY: lands in the Creek Nation, Indian Territory, sold under order A bill ( S. 6437) to correct the military record of Christopher of the United States court by decree of said court; to the Com­ C. McCamment and to grant him an honorable discharge (with mittee on Indian Affairs. an accompanying paper) ; to the Committee on Military Affairs. By Mr. GALLINGER: A bill ( S. 6438) granting an increase of pension to Gideon A bill (S. 6466) to provide for the condemnation of streets R. Chrisman (with an accompanying paper); to the Committee or parts of streets under the plan for the permanent system of on Pensions. highways for the District of Columbia (with an accompanying By Mr. FLINT: paper) ; to the Committee on the District of Columbia. A bill (S. 6439) establishing regular terms of the United By l\Ir. SCOTT: States circuit and district courts of the southern district of A bill ( S. 6467) granting an increase of pension to George W . . California at San Diego, Cal.; to the Committee on the Judi­ Johnson (with accompanying papers); to the Committee on ciary. Pensions. By l\Ir. McCUMBER: By l\1r. TALIAFERRO : A bill (S. 6440) to provide that petty officers and enlisted A bill ( S. 6468) granting an increase of pension to Charles men in the Navy and Marine Corps on the retired list who have M. Long (with an accompanying paper); to the Committee on had creditable civil-war service shall receive ·the rank and pay Pensions. of the next higher grade; to the Committee on Naval Affairs. A bill (S. 6441) granting an increase of pension to Hen­ GOVERNMENT FOB NEW MEXICO AND ARIZONA. rietta A. Barnes; . J\.Ir. SMOOT submitted an amendment intended to be pro­ A bill ( S. 6442) granting an increase of pension to James posed by him to the bill (H. R. 18166) to enable the people of Haley (with accompanying papers) ; New Mexico to form a constitution and state government and A bill ( S. 6443) granting an increase of pension to Jefferson be admitted into the Union on an equal footing with the original Stanley (with accompanying papers); States; and to enable the people of Arizona to form a constitu­ A bill (S. 6444) granting an increase of pension to Aaron tion and state government and be admitted into the Union on an Chandler (with an accompanying paper) ; equal footing with the original States, which was referred to A bill ( S. 6445) granting an increase of pension to William the Committee on Territories and ordered to be printed. K. Marv-el (with an accompanying paper) ; AMENDMENT 'IO POST-OFFICE APPROPRIATION BILL. A bill ( S. 6446) granting an increase of pension to George Mr. BANKHEAD submitted an amendment providing that E. Nichols (with an accompanying paper); and hereafter rural free-delivery carriers shall be diTided into ten A bill (S. 6447) granting an increase of pension to Samuel K. classes, etc., intended to be proposed by him to the post-office McGinnis (with accompanying papers); to the Committee on appropriation bill, which was referred to the Committee on Pensions. Post-Offices and Post-Roads and ordered to be printed. By Mr. NE.LSON: A bill ( S. 6448) permitting Hans Anderson Ryppe to make a AMENDMENTS TO RIVER AND HARBOR BILL. second homestead entry ; to the Committee on Public Lands. l\Ir. FLETCHER submitted an amendment proposing to in­ By Mr. CLAPP: crease the appropriation for the improvement of Carrabelle A bill ( S. 6449) permitting the building of a railroad bridge Bar and Harbor, , to $50,000, intended to be pro­ across the St. Croix River between the States of Wisconsin and posed by him to the river and harbor appropriation bill, which Minnesota ; to the Committee on Commerce. was referred to the Committee on Commerce and ordered to be By l\fr. OVERMAN: printed. A bill (S. 6450) granting a pension to M. B. Smith (with ac­ l\Ir. FRAZIER submitted an amendment providing for a pre­ companying papers) ; to the Committee on Pensions. liminary examination and survey of the Hatchie River, Ten­ By Mr. BRADLEY: nessee, intended to be proposed by him to the river and harbor A bill ( S. 6451) granting an increase of pension to Levi Chap­ appropriation bill, which was referred to the Committee on Com­ pell; and merce and ordered to be printed. A bill ( S. 6452) granting a pension to George C. l\Iiddaugh; Mr. KEAN submitted an amendment providing for a 6-foot to the Committee on Pensions. channel at mean low water from West Tuckerton landing to By Mr. OWEN: the milldam at Tuckerton, N. J., intended to be proposed A bill (S. 6453) to adjust and settle the claims of the loyal by him to the river and harbor appropriation bill, which was Shawnee and loyal Absentee Shawnee tribe of Indians; referred to the Committee on Commerce and ordered to be A bill ( S. 6454) providing for the settlement of the claims printed. of the Shawnee and Dela ware Indians ; and He also submitted an amendment proposing to appropriate A bill (S. 6455) appropriating money to satisfy a judgment $10,000 for a channel in Elizabeth River, New Jersey, from the of the United States Court of Claims in favor of the Choctaw Long Branch Railroad bridge to the channel in Staten Island and Chickasaw nations; to the Committee on Indian Affairs. SoQnd, intended to be proposed by him to the river and harbor By Mr. GORDON: . appropriation bill, which was referred to the Committee on A bill (S. 6456) for the relief of the estate of M. L. Strong, Commerce and ordered to be printed. late of Monroe County, Miss. (with an accompanying paper) ; He also submitted an amendment proposing to appropriate A bill (S. 6457) for the relief of the estate of E. Strong (with $171,018.10 for improving the channel of the Hackensack River, an accompanying paper); and New .Jersey, intended to be proposed by him to the river and A bill ( S. 6458) for the relief of the estate of Rebecca Jen­ harbor appropriation bill, which was referred to the Committee nings (with an accompanying paper); to the Committee on on Commerce and ordered to be printed. Claims. l\fr. NELSON submitted an amendment proposing to appro­ By Mr. CHAMBERLAIN: priate $22,555 for improving the Mississippi River in Minnesota A bill (S. 6459) to correct the military record of Thomas J. benveen Brainerd and Grand Rapids, intended to be proposed Mathews (with an accompanying paper); to the Committee on by him to the river and harbor appropriation bill, which was Military Affairs. referred to the Committee on Commerce and ordered to be By Mr. WARREN: printed. A bill ( S. 6460) for the relief of Mrs. Libbie Arnold ; to the He also submitted an amendment proposing to appropriate Committee on Claims. $61,200 for improving the Mississippi River in Minnesota by A bill (S. 6461) providing for the retirement of certain pro-· constructing a canal between Lake Winnibigoshish and Leech fessors of the United States Military Academy with one grade Lake, intended to be proposed by him to the river and harbor above that actually held by them at time of retirement; to the appropriation bill, which was referred to the Committee on Committee on Military Affairs. Commerce and ordered to be printed. By Mr. DILLINGHAM: Mr. BOURNE submitted an amendment proposing to increase A bill (S. 6462) granting a pension to Hattie A. Sears (with the appropriation for the improvement of Coquille River, Ore­ accompanying papers); and gon, to $50,000, intended to be proposed by him to the river and 11962 CONGRESSIONAL RECORD--SENATE. FEBRUARY 16, hnrbor appropriation bill, which was referred to the Committee I would be glad if the bill could be passed over until I am here, on Commerce and ordered to be pTinted. retaining its place on the calendar. I ask unanimous consent He also submitted an amendment proposing to appropriate to that effect. $213,000 for the improvement of the Siuslaw River, Oregon, The VICE-PRESIDENT. The Senator from Minnesota asks intended to be proposed by him to the river and harbor appro­ unanimous consent that Senate bill 5485 be passed over from priation bill, which was referred to the Committee on Commerce day to day as reached until the Senator from Minnesota. is and ordered to be printed. present. · Mr. SIMMONS submitted an amendment proposing to in­ Mr. NELSON. And can take charge of it. crease the appropriation for the waterway from Pamlica Sound The VICE-PRESIDENT. Is there objection? The Chair to Beaufort Inlet, North Carolina, to $20,000, intended to be pro­ hears none, and the order is entered. posed by him to the river and harbor appropriation bill, which BILLS PASSED OVER. was referred to the Committee on Commerce and ordered to be The VICE-PRESIDENT. The first bill on the calendar, printed. under Rule VIII, will be stated. · He also submitted an amendment proposing to increase the The bill (S. 3724) regulating injunctions and the practice of appropriation for improving Northeast, Black., and Cape Fear the district and circuit courts of the United States was an­ rivers, N.orth Carolina, to $14,000, intended to be proposed by nounced as first in order. him to the river and harbor appropriation bill, which was re­ ?t1r. HEYBURN. I ask that the bill may go over. ferred to the Committee on Commerce and ordered to be printed. Mr. OVERMAN. Let the bill be passed over without preju­ He also submitted an amendment proposing to increase the dice. appropriation for improving the Neuse and Trent rivers, North The VICE-PRESIDENT. The bill will be passed over. Carolina, to $48,000, intended to be proposed by him to the The bill ( S. 1630) to provide for the construction of a me­ river and harbor appropriation bill, which was referred to the morial bridge across the Potomac River from Washington to Committee on Commerce and ordered to be printed. the Arlington property was announced as next in order. He also submitted an amendment proposing to appropriate Mr. SMOOT. I ask that the bill may go over. $1,600 for improving Swift Creek, North Carolina, intended to The VICE-PRESIDENT. The bill will go over. be proposed by him to the river and harbor appropriation bill, The bill (S. 3360) to amend an act entitled "An act to pro­ which was referred to the Committee on Commerce and or­ vide a government for the Territory of Hawaii,'' approved dered to be printed. April 13, 1900, was announced as next in order. HOUSE B.Il.L REFERRED. Mr. BORAH. I ask that the bill may go over. -H. R. 20686. An act making appropriations for the construc­ The VICE-PRESIDENT. The bill goes over. tion~ repair, and preservation of certain public works on rivers The bi11 (S. 1035) authorizing and directing the Secretary of and harbors, and for other purposes, was read twice by its State to examine and settle the claim of the Wales Island Pack­ title and referred to the Committee on Commerce. ing Company was announced as next in order. PENSIONS AND INCREASE OF PENSIONS. Mr. OVERMAN. Let the bill go over. The VICE-PRESIDENT laid before the Senate the amend­ The VICE-PRESIDE1''T. The bill goes over. ments of the House of Representatives to the bill ( S. 5574) grant­ The bill ( S. 5876) to establish post.al savings depositories for ing pensions and increase of pensions to certain soldiers and sail­ depositing savings at interest~ with security of the Government ors of the civil war and to certain widows and dependent rela­ for repayment thereof, and for other purposes, was announced tives of such soldiers and sailors, which were, on page 23, line as next in order. 22, to strike out " thirty " and insert " forty ; ,, on page 31, line Mr. CARTER. Let the bill be passed over for the present. 3, to strike out "thirty" and insert "forty." The VICE-PRESIDENT. The bill goes over. . Mr. McCUMBER. I move that the Senate concur in the PAN AMA. CAN AL, ETC. amendments of the House. The biJI (H. R. 12316) to provide for the government of the The motion was agreed to. Canal Zone, the construction of the Panama Canal, and for PENSIONS TO CERTAIN SOLDIERS AND SAILORS. other purposes, was announced as next in order, and the Secre­ The VICE-PRESIDENT laid before the Senate the amend­ tary proceeded to read the bill. ment of the House of Representatives to the bill (S. 5237) Mr. MONEY. I ask that the bill may go over until to­ granting pensions to certain soldiers and sailors of wars other morrow. than the civil war and to certain widows and dependent rela­ l\Ir. FLINT. I will ask the Senator from Mississippi to per­ tives of such soldiers and sailors, which was, on page 2, to mit the bill to be read, and then it can go over. strike out line 22, down to and including line 2, page 3. Mr. MONEY. If the Senator from California prefers that Mr. McCUMBER. I move that the Senate disagree to the course, very well; but I supposed it would be better to have it amendment of the House of Representatives and request a read when it is considered. Just at this moment there are conference on the disagreeing votes of the two Houses thereon, several Senators interested in tlle bill who are not in the and that the conferees be appointed by the Chair. Chamber. I have no objection to finishing the reading, if the The motion was agreed to, and the Vice-President appointed Senator prefers. Mr. MCCUMBER, Mr. SCOTT, and Mr. TALIAFERRO the conferees Mr. CULLOM. Let it be read. on the part of the Senate. Mr. FLINT. I ask that the reading may be proceeded with. · The Secretary resumed and concluded the reading of the bill, PENSIONS AND INCREASE OF PENSIONS. which had been reported from the Committee on Interoceanic · The VICE-PRESIDENT laid before the Senate the amend­ Canals with amendments. ment of the House of Representatives to the bill (S. 5573) l\lr. HEYBURN. Mr. President-- granting pensions and increase of pensions to certain soldiers Mr. FLINT. On the re

CRIMINAL JURISDICTION OVEB CORPORATIONS. The amendment was read, as follows: The bill ( S. 5899) to amend section 1014 of the Revised Stat­ The President is authorized to bring into coordination and coopera­ tion with the Corps of Engineers of the .Army the other scientific or utes of the United States was announced as next in order. constructive services of the United States that relate to the study, de­ Mr. CUMMINS. This bill was quite carefully considered at velopment, and control of waterways and water resources and subjects a former time. I would be very glad to have it disposed of now. related thereto and to the development and regulation of interstate and foreign commerce, with a view to uniting such services through a ' The Senate as in Committee of the Whole resumed the con­ board or boards in investigating questions relating to the development, sideration of the bill. improvement, regulation, and control of interstate and foreign com­ The VICE-PRESIDENT. The bill has been read in full, and merce, including therein the related questions of irrigation, forestry, swamp-land reclamation, clarification of streams, regulation of flow, an amendment offered by the junior Senator from New York control of floods, utilization of water power, prevention of soil waste, [Mr. ROOT] is pending. cooperation of railways and waterways, and promotion of transfer Mr. KEAN. Let the amendment be read. facilities and sites, and in forming comprehensive plans for the de­ velopment of the waterways and water resources of the country for The VICE-PRESIDENT. The amendment will be again read. every useful purpose by cooperation between the United States and the The SECRETARY. On page 2, line 8, of the bill, before the word several States, municipalities, communities, corporations, and indi­ "shall," insert the words "when indorsed by the judge of such viduals within the jurisdiction, powers, and rights of each, respectively, district," so that, if amended, the clause will read: and with a view to assigning to the United States such portion of such development, promotion, regulation1 and control as can be properly un­ Such notice shall be directed to the marshal of any district of the dertaken by the United State:; by virtue of its power to regulate inter­ United States in which service may be made, and when indorsed by the state and foreign commerce and by reason of its proprietary interest in judge of such district shall be served upon such offender agreeably to the public domain, and to the States, municipalities, communities, cor­ the methods prescribed by law for the service of civil process upon porations, and individuals such portion as properly belongs to their artificial persons in the district in which such service is made, and not jurisdiction, rights, and interests, and with a view to properly appor­ less than twenty days before the time of such hearing. tioning costs and benefits, and with a view to so uniting the plans and works of the United States, within its jurisdiction, and of the States Mr. CUMMINS. As I stated when the bill was before the and municipalities, respectively, within their jurisdictions, and· of cor­ Senate at a former time, while I do not regard the amendment porations, communities, and individuals, within their respective powers and rights, as to secure the highest development and utilization of the proposed by the Senator from New York as necessary, I have waterways and water resources of the United States; and he is au­ no objection to it. I have no power to accept it, although the thorized to- appoint as members of such board or boards such engineers, bill is in my charge. I hope that the Senate will accept the transportation experts, and constructors of eminence as he may deem advisable: Provided, however, That until further authorized by law amendment and proceed with the consideration of the bill. the total expenditure under this provision shall not exceed ___, The VICE-PRESIDENT. The question is· on agreeing to the dollars. amendment proposed by the Senator from New York. Mr. NEWLANDS. I ask that the amendment lie on the Mr. HEYBURN. Mr. President, this is the measure that was table, and I give notice that I shall to-morrow address the under discussion for a considerable time. I have sent for a Senate on the subject. copy of the bill. Mine has become displaced from my file. I The VICE-PRESIDENT. The amendment will be printed had a marked copy of the bill. I do not believe we are ready and lie on the table. The Secretary will state the next bill on to vote upon the bill. I will ask that it go over. the calendar. The VICE-PRESIDENT. On the request of the Senator from EXTENSION OF MORRILL ACTS TO THE DISTRICT OF COLUMBIA. Idaho, the bill goes over. Mr. CUMMINS. I hope it will go over without prejudice, re­ The bill (S. 530) to amend an act entitled "An act donating taining its place on the calendar. public lands to the several States and Territories which may The VICE-PRESIDENT. The bill goes over without preju­ provide colleges for the benefit of agriculture and the me­ dice, retaining its place on the calendar. chanic acts," approved July 2, 1862, and the acts supplementary thereto; so as to extend the benefits thereof to the District of HOMESTEAD ENTRIES IN THE STATE OF WASHINGTON. Columbia, was announced as next in order. The bill ( S. 44 77) providing for the homestead entry of cer­ Mr. BUR~"'HA.M. I ask that the bill may go over. tain lands in the State of Washington, and for other purposes, The VICE-PRESIDENT. The bill will lie over. was considered as in Committee of the Whole. · The bill was reported from the Committee on Public Lands, CERTIFICATES OF INDEBTEDNESS AGAINST RECLAMATION FUND. with an amendment on page 2, after line 13, to strike out sec­ The bill ( S. 5705) to authorize the issue and sale of certifi­ tion 2, in the following words : cates of indebtedness against the reclamation fund was an­ Smc. 2. That after said survey and the approval thereof by. the Com­ nounced as next in order. missioner of the General Land Office the plat thereof shall be filed in Mr. KEAN. Let that bill go over. the office of the register and receiver in the manner provided by law, The VICE-PRESIDENT. The bill will go over. and thereafter any settler who is in actual occupation of any portion of the lands described in section 1 hereof aLthe date of the passage of Mr. CARTER. Mr. President, I a.sk Senators to permit the this act who has settled thereon in good faith for the purpose of se­ bill to be read for the information of the Senate. curing a home, and ls by law entitled to make a homestead entry, shall Mr. KEAN. I have no objection to its being read for the in­ be entitled to enter the land so occupied, not exceeding 20 acres in a body, according to the government surveys and subdivisions thereof, formation of the Senate. upon payment to the Government of the sum of $2.50 per acre for each Mr. CARTER. Then, let the bill be regularly read, Mr. acre entered by him, and upon showing residence and cultivation of such President. lands in the manner and for the length of time required by the home­ stead laws of the United States. The VICE-PRESIDENT. The Secretary will read the bilL The Secretary proceeded to read the bill, and read section 1. And to insert in lieu thereof the following: Mr. DAVIS. I ask that that bill go over, Mr. President. SEC. 2. That after said survey and the approval thereof by the Com­ The VICE-PRESIDENT. The bill will go over. missioner of the General Land Office the plat thereof shall be filed in the office of the register and receiver in the manner provided by law, Mr. FLINT. l ask that the bill be placed under Rule IX. and thereafter any settler who was in actual occupation of any portion Mr. CARTER. Mr. President, I asked that the bill be read, of the lands described in section 1 hereof on the 1st day of December, 1909, who made actual settlement thereon in good faith for the pur­ and the Secretary is proceeding to read the bill under the per­ pose of securing a home, shall, if qualified to make a homestead entry, mission granted. be entitled to make a homestead entry of the lands so occupied, not The VICE-PRESIDENT. The Chair thought the Secretary exceeding 20 acres in a body, according to the government surveys and subdivisions thereof, upon payment to the Government at the had finished the reading. The Senator from New Jersey [Mr. time of such entry of the sum of $2.50 per acre for each acre entered KEAN] having objected to its being considered, the Senator by him, and within five years from the date of such entry he shall be from Montana [Mr. CARTER] asked unanimous consent that the required to submit proof showing residence and cultivation of such lands in the manner and for the length of time required by the home­ bill be read in full, with the understanding that at the con­ stead laws of the United States, and failure to make such showing clusion of the reading it would go over. The Secretary was shall be deemed sufficient cause for forfeiture of all rights to the land reading the bill by unanimous consent. and to the money paid, and in case of any such default the land shall be offered at public sale. Mr. DAVIS. The bill, as I understand, involves about $50,000,000 ; and I do not think it ought to be hastily consid­ The amendment was agreed to. ered. The bill was reported to the Senate as amended, and the The VICE-PRESIDENT. It is now simply a question of the amendment was concurred in. bill being read by unanimous consent. The bill was ordered to be engrossed for a third reading, The Secretary resumed and concluded the reading of the read the third time, and passed. bill, which is as follows: WATERWAYS A.ND WATER RESOURCES. Be it enacted, etc., That to enable the Secretary of the Interior to Mr. NEWLAJ\TDS. I submit an amendment to the river and complete and properly extend reclamation projects already begun the Secretary of the Treasury is authorized to borrow from time to time, at harbor bill. I ask that it be read. a rate of interest not exceeding 3 per cent per annum, such sum or The VICE-PRESIDENT. The Secretary will read the pro­ sums as in the judgment of the Secretary of the Interior may be neces­ posed amendment as requested. sary to complete the reclamation projects heretofore begun, including necessary extensions thereof by the Secretary of the Interior, and to :Mr. NEWLANDS. I give notice that on to-morrow, during issue therefor certificates of indebtedness in such form as he may pre­ the morning hour, I shall speak upon this amendment. scribe and in denominations of $50 or of multiples of that sum; and 1964 CONGRESSIONAL RECORD-SENATE. FEBRUARY 16,

each of said certificates, together with interest thereon, shall be paya­ Mr. BEVERIDGE. I suggest that the Senator move to pro­ ble out of the reclamation· fund created in pursuance -of the "P1'0vis1ons of an act of Congres approved .Tune 17~ 19-02, entitled "An net ap· ceed to the consideration of the bill p,ropriating the !receipts from the sale and -disposal of public la..nds in Mr. LODGE. A motion to take up the bill, if agreed to, certain States and Territories to the construction of irrkation works would displace the unfinished 'business of course, and such a for ,the ,reclamation of arid lands,,, and such payment is nereby guar­ anteed by the United State9: Provided, That the s.ggregate issue of motion is always m order. such certificate shall not exceed $30,000,000, -and the provisions and Mr. HEYBURN. Not before 2 o'clock. I still do not think · pena..ltl of existing law respecting counterfeiting and other frauilulent that the motion 1s in -Order. The postal savings-bank bill was praetic are hereby made applicable to the eertitleates of indebtedness authorized by this act. Interest -on ·auch certificates shall be paid passed over this morning in the regular order of business, and qu.:irt-e.rl,y, and each certificate shall be pa_yable, with interest thereon the only motion that can J>roper1y be made is to take it up for accrued, at such time after .five years from the date of its issue as the consideration. It may or may not then become the unfinished Secretary of the Treasury may prescnoe. That said eertiflcates ()f in­ debtedness may be disposed of by the Secretary of the Treasury at not business. I tluln par under such regulati()ns as he may prescribe, giving all The VICE-PRESIDENT. The Chair so understands. The citiEens of the United States .an equal -Opportunity to ·subscribe there­ Chair understands that is the motion. for; but no commission shall be allowed, .and the interest .on said .cer­ tificareB and any upenBe incident to PNPRring, adver.tistng, and issuing Mr. HEYBURN. I misunderstood the Senator from Mon­ the same shall be paid cut of the reclamation fund and shall in due tana, it that 1.s true. I understood the motion-- course be restored to said fund by incl:uding the same with all otlli?.r The VICE-PRESIDENT. The request that the Senator from expenses in future estimates of construction, operation, or maintenance. Tbe certificates authorized by this act shall be exempt !rom taxes in Montana [Mr. CABTEB] first made has been disposed of by the any form by or under st.ate, municl,pal~ or loeal authority. That all Chair sustaining the point of order raised by the Senator from money borrowed under authority of this act shall be devoted exclusively Idaho [Mr. HEYBURN]. Thereafter the Senator from Montana to the completion .of work -0n projects her-etofOTe begun. SEc. 2. That, beginning Jive yea.rs after the date of the issue o1 the moved to consider the bill. first certificate of indebtedness authorl~ed by this act, 50 per eent of the Mr. BEVERIDGE. ls it not true that this whole matter annual .receipts of the reclamation fund shall be applied to the 11ayment is determined by the 1ast provision of Rule VIII, which says: ot said certi.fieatee, which shall be -canceled wh-e:n paid. But 1f the Senate shall proceed with the consideration o! any Mr. FLINT. I move that the bill be placed .on the calendar matter notwithstanding an objection, the foregoing provisions touchlng debate shall not apply. under Rule IX. All motions made befo.re 2 o'clock to proceed to the .consideration o! The VICE-PRESIDENT. The question is on the motion of any matter Bhall be determined without debate. the Senator from California, that the bill which has just been The VICE-PRESIDENT. Certainly. That is correct, and read be placed on the calendar under Rule IX. 'that was about to be done. · The motion was not a.greed to. Mr. BEVERIDGE. As I understand, the proper motion was Mr. FLINT. Mr. President, the reason I asked to have the to move to proceed to the consideration of the bilL bill placed on the calendar under Rule IX was that my time is Mr. CARTER. Mr. President, the question is on making very largely -taken up in connection with the sessions of an the postal savings-bank bill the unfinished business of the investigating .committee which is now "Sitting. I desire to be Senate. That, I understand, can be done by unanimous con­ heard with reference to this bill before it is disposed ot, ·and sent I have not encountered anything that can not be done I ask the Senator from Montana to notify me when the bill is by unanimous consent of the Senate. Unanimous consent was to be called up, :so that I may discuss it. I am not opposed to

CONFIRMATIONS. chusetts · John Luther Long, ·of P ennsylvania; T . R. Lounsbury, of Connecti~ut; Robert Morss Lovett, of Illinois ; Charles F. Lummis, of Executive nominations confirniea by the Beruite February 16, 1910. California; H. W. Mabie, of New J ersey; Percy Mackaye, of New Hampshire; A. T. Mahan, of New York; Edwin Markham, of New 0oINER OF THE M!NT. York· Edward S. Martin, of New York; D. G. Mason, of New York; Brander Matthews, of New York; St. Clair McKelway, ot New York; Jn.bin B. Baldwin to be coiner of the mint of the United States John Bach MeMaster, of Pennsylvania; Joaquin Miller, of California; at Denver, Colo. John A. Mitehell, of New York; Langdon E. Mitchell, of Pennsylvania.; W Vaughn Moody, of Illinois; Paul Elmer More, of New York; Harri­ POSTMASTERS. son S Morris, of Pennsylvania; John Torrey Morse, ;tr., of Massachu­ ARK.ANS.AS. setts: John Muir, of California; T. 'I'. Munger, of Connecticut; Meredith Nicholson of Indiana; Thomas Nelson Page, of the District of Colum­ Frank B. Bumgardner, at Fort Smith, Ark. bia ; Will' Payne, of Illinois ; William Morton Payne of Illinois ; Harry James W. Slover, at Harrison, Ark. Thurston Peck. of New York; James Breck Perkins, of New York; Bliss Perry, of Massachusetts; Thomas Sergeant Perry, of Massachu­ GEORGIA. setts; A. S. Pi~rr of Massachusetts; James Ford Rhodes, of Massachu­ setts; James Wmtcomb Riley, of Indiana; Edward A. Robinson, of New Frederick G. Boatright, at Cordele, Ga. York; , of New York; Josiah Royce, of Massachu­ Charles W. Moxley, at Wadley, Ga. setts; Montgomery Schuyler, of New York; Clinton Scollard, of New York; Henry D. Sedgwick. of New York; Frank Dempster Sherman, of MISSOURI. New York; William Al. Sloane, of New York; F. Hopkinson Smith, of Jasper L. Geer, at Campbell, Mo. \ New York; Frederic J. Stimson, of Massachusetts; Charles W. Stod­ dard, of California ; Thomas Russell Sullivan, of Massachusetts ; Booth Ezekiel A. Sample, at Fredericktown, Mo. Tarkington, of Indiana; Augustus Thomas, of New York; Ridgely NEW HAMPSHIRE. ,- Torrencel of New York; William P. Trent, of New York; Henry Van Dyke o New Jersey; John C. Van Dyke, of New Jersey; Barrett Ben 0. Aldrich, at Keene, N. H. Wendell, of Massachusetts; Andrew ·Dickson White, of New York; Charles E. Slate, at Winchester, N. H. Stewart Edward White of California ; William Allen White, of Kansas; Charles G. Whiting, or1 Massachusetts; Jesse Lynch Williams, of New OKLA.HOMA. Jersey; Harry Leon Wilson, of Indiana; Woodrow Wilson, of New Jersey; Owen Wister, of Pennsylvania; George E. Woodberry, of Mas­ William S. Hartshorn, at Yale, Okla. ; sachusetts; Edwin A. Abbey, o.f New York; Herbert Adams, of New William J. Krebs, at Kaw, Okla. Hampshire; John W. Alexander, of New York; George F. Babb, o.f Sherman M. Smith, at Woodward, Okla New York; Hugo Ballin, of New York; George Gray Barnard, of New York; Paul w. Bartlett, of New York; J. Carroll Beckwith, of New PENNSYLV .A.NIA. York; Frank W •. Benson, of .Massachusetts; Edwin H. Blash.field, ol New York; Richard E. Brooks, of New York; George De Forest Brush, Frank R. Holt, at Rochester, Pa. of New York ; William Gedney Bunce, of Connecticut; Daniel Hudson Philip D. Foster, at State College, Pa. Burnham, of Illinois; Francis D. Millet, of New York-; H. Siddons _, Mowbray, of Connecticut ; Leonard Ochtman, of Connecticut; Maxfield WISCONSIN. Parrish, of New Hampshire; Robert S. Peabody, of Massachusetts; Jorgen C. Jacobson, at Elroy, Wis. ( Charles Sprague Pearce, of Massachusetts; Joseph Pennell, of Penn­ sylvania; Charles A. Platt, of New Hampshire ; George B. Post, of Alfred W. Trevitt, at Wausau, Wis. New York; Edward Clark Potter, of Massachusetts; A. Phi.mister Proctor, of New York; Howard Pyle, of Delaware; Edward W. Red­ fiel~J of Pennsylvania; Robert Reid, of New York; Frederic Remington, HOUSE OF REPRESENTATIVES. of .New York; F. W. Ruckstuhl, of New York; Albert P. Ryder, of New York; John S. Sargent, of Massachusetts; W. E. Schofield. of Penn­ sylvania ; Walter Shirlaw, of New York; Edward Simmonf', of New WEDNESDAY, February 16, 1910. York; William T. Smedley of New York; Lorado Taft, of Illinois; Edmund C. Tarbell, of Massachusetts; Abbott H. Thayer, of New The House met at 12 o'clock noon. York ; D. W. Tryon, of New York; Elihu Vedder, of Massachusetts; Prayer by the Chaplain, Re-v. Henry N. Couden, D. D. Frederick P. Vinton, of Massachusetts; Lionel Walden, of Connecticut; The Journal of the proceedings of yesterday was read and Henry Oliver Walkert..of New Jersey; J. Q. A. Ward, of New York; Whitney Warren, of .New York; J. Alden Weir, ot New York; Irving approved.. R. Wiles, of New York; Emil Carlsen, of New York; John M.. Carr~re, I ORDER OF BUSINESS. of New York; William M. Chase, of New York; Timothy Cole, of New York; Walter Cook, of New York; Kenyon Cox. of New York; Frederic The SPEAKER. Thi.s is calendar Wednesday, and the call Crowninshield, of New York; William T. Dannat, of New York; Frank rests with the Committee on the Library. Mil6's Day, of Pennsylvania; Joseph De camp, of Massachusetts; l\ir. BURKE of South Dakota. Mr. Speaker, the chairman Charles Mehi.lle Dewey, of New York; Thomas W. Dewing, of New York; Frederick Dielman, of New York; Paul Dougherty, of New York; of the Committee on the Library communicated with me this Frank Duveneck, of Kentucky; Ben Foster, of New York; Daniel C. morning by telephone, saying that he was sick, and requested me French, of New York; Walter Gay, of Massachusetts; Charles Dana to ask unanimous consent of the House that the Committee on Gibson, of New York; Cass Gilbert, of New York; Charles Grafl.y, ot Pennsylvania; Eliot Gregory, of New York; Jules Gu&in, of New the Library be passed without prejudice and that it be called on York; H. J. Hardenburgh, of New Jersey; Alexander Harrison, of the next calendar day. His request is based on illness. Pennsylvania; Birge Harrison, of South Carolina; Childe Hassam, of Mr. MANN. I object. I may say to the gentleman that it is New York; Thomas Hastings, of New York; Robert Henri, of New York; Winslow Homer, of Maine; John Galen Howard, of California; understood that committees will not be passed without prejudice William Henry Howe, of New York; Samuel Isham, of New York; any more. Francis C . .Tones, of New York; H. Bolton Jones, of New York; W. Sergeant Kendall, of New York; Bancel La Farge, of New York; NATION.AL INSTITUTE OF ABTS AND LETTERS. John La Farge, of New York; Francis Lathrop, of New York; Louis Mr. BURKE of South Dakota. Mr. Speaker, I am directed by Loeb, of New York; Will H. Low, of New York; Frederick Macmonnies, of New York; Carl Marr, of Wisconsin; Walter McEwen, of Illinois; the Committee on the Library to call up the bill ( S. 609) incor­ Herman A. MacNell, of New York; William Rutherford Mead, of New porating the National Institute of Arts and Letters, on the York; Gari Melchers, of New York; Willard L. Metcalf, of New York; House Calendar. H. K. Hadley, of New York; Victor Herbert, of New York; Edgar Still­ man Kelley, of California; Cha.rles M. Loeffler, of Massachusetts; Mr. FITZGERALD. Mr. Speaker, has not the Committee on Horatio W. Parker, of Connecticut; Harry Rowe Shelle!J of New the Library occupied two d.ays? York ; F. Van der Stucken, of Ohio; Arthur Whiting, of .New York; The SPEAKER. No; only one day. Arthur Bird of Massachusetts; Dudley Buck, of New York; G. W. Chadwick, of Massachusetts; F. S. Converse, of Massachusetts; Walter The Clerk read the bill, as follows : Dam.rosch, of New York; Reginald De Koven, of New York; Arthur Be it enacted, etc., That Brooks A.dams, of Massachusetts; Charles Foote, of Massachusetts; W. W. Gilchrist. of Pennsylvania; their Francis Adams, of Massachusetts ; Henry Adams, of the District of Co­ associates and" successors duly chosen, are hereby incorporated, consti­ lumbia; Geor~e Ade, of Indiana; Henry M. Alden, of New Jersey; tuted, and declared to be a body corporate of the District of Columbia, Rkhard Aldrich, of New York; James Lane Allen, of New York; by the name of the National Institute of Arts and Letters. Simeon E. Baldwin, of Connecticut; Arlo Bates, of Massachusetts; John SEC. 2. That the National Institute of Arts and Letters shall consist Bigelow, of New York; Robert Bridges, of New York; W. C. Brownell, of not more than 250 ordinary members, and the said corporation hereby of New York; John Burroughs, of New York; Richard Burton, of Min­ constituted shall have power to make its own organization, including nesota; George W. Cable, of Massachusetts; Madison J. Cawein, of its constitution, by-laws, and rules and regulations; to fill all vacancies Kentucky; John Vance Cheney, of Illinois; Winston Churchill, of New created by death, resignation, or otherwise; to provide for the election Hampshire ; Samuel L. Clemens, of Connecticut; James B. Connolly, of of foreign and domestic members, the division into classes, and all Massachusetts; Royal Cortissoz, of New York; F. Marlon Crawford, of other matters needful or usual in such institution, and to report the New York; Samuel McChord Crothers, of Massachusetts; Charles same to Congress. de Kay, of New York; Theodore A. Dodge, of Paris, France; Finley P. SEC. 3. That the National Institute of Arts and Letters shall hold an Dunne, of New York; Maurice F. Egan, of the District of Columbia; annual meeting at such place in the United States as may be desig­ Henry T. Finck, of New York; John Huston Finley, of New York; nated. Worthington C. Ford, of Massachusetts; John Fox, jr., of Virginia; SEC. 4. That the National Institute of Arts and Letters be, and the Henry B. Fuller, of Illinois; Horace Howard Furness, of Pennsylvania; same is hereby, authorized and empowered to receive bequests and Hamlin Garland, of Illinois; Richard Watson Gilder, of New York; donations and hold the same 1n trust, to be applied by the said institute Basil L. Gildersleeve, of Maryland; William Gillette, of Connecticut; in aid of Investigations in art and literature and according to the will Lawrence Gilman, of New York; George A. Gordon, of Massachusetts; of the said donors. Robert Grant, of Mussachusetts ; Ferris Greenslet, of Massachusetts ; W. E. Griffis, of New York; A. T. Hadley, of Connecticut; Edward The following committee amendments were read: Everett Hale, of Massachusetts; Arthur Sherburne Hardy, of Connec- In line 7, page 1, strike out the words "New York" and insert in tlcut; Robert Herrick, of Illinois; T. W. Higginson, of Massachusetts; place thereof the word "Kentucky; " in line 11 of the same page, before Julia Ward Howe, of Massachusetts; M. A. De Wolfe Howe, of Massa- the word "George," insert the words "Nicholas Murray Butler, ot chusetts; W. D. Howells, of New York; Henry James, of Massachu- New York;" in the same line, after the word "Massachusetts," insert setts; R. U. Johnson, of New York; George Kennan, of New York: the words "Bliss Carmen, of Canada;" in line 12, same page, after Henry Charles Lea, of Pennsylvania; Nelson Lloyd, of New York; the word "Kentucky," insert the words "R. W. Chambers, of New George cabot Lodge, of Massachusetts; Heru·y Cabot Lodge, of Massa- 1 York; " in the same line strike out the word " Illinois " and inse.rt in