1570 CONGRESSIONAL RECORD-HOUSE.

TEXAS. if consent be given, then I a-sk unanimous consent that the Clinton J. Farrell to be postmaster at Vernon, in the county of stitute be read instead of the bill. Wilbarger and State of Texas, in place of Clinton J. Fan·ell. In­ The SPEAKER. The gentleman from Pennsylvania cumbent's commission expired January 23, 190-!. unanimous consent to consider a bill, the title of which the Clerk VEID£01\""T. will report. John Metcalf to be postma ter at Fair Haven, in the county of The Clerk read as follows: Rutland and State of Vermont, in place of Ira R. Allen, decea ed. The bill (H. R. 8889) to authorize the construction of a bridge across the Monongahela River in the State of Pennsylvania by the Eastern Railroad WASHINGTON. Company. William R. Baker to be postmaster at Colville, in the county The SPEAKER. Is there objection? [After a pause.] The of Stevens and State of Washington, in place of William R. Chair hears none. What is the gentleman's request? Baker. Incumbent's commission expired January 3, 1904. Mr. DALZELL. I ask that the reading of the bill be omitted Judson J. :Merriman to be po tmaster at Lind, in the county of and that the amendment in the nature of a substitute be read. Adams and State of Washington. Office became Presidential The SPEAKER. The Clerk will report the substitute. Januarv 1 190-!. The Clerk read as follows: Jame·s W. O'Connell to be postmaster at Republic, in the That section 4 of an act approved F ebruary 18, 1903, entitled "An act to county of Ferry and State of Washington, in place of John Stack. authorize the construction of a bridge aero t he Monongahela River in the Incumbent's commission expired· December 14:, 1903. State of Pennsylvania by the Eastern Railroad Company," be, and t he John F. Spangle to be postmaster at Cheney, in the county of same is hereby, amended so as to read as follows: " SEC. 4. That this act shall be null and void if aetna.! construction of the Spokane and State of Wa-shington, in place of Alexander Watt, bridge herein authorized be not commenced within one year and completed resigned. within two years from February 18, 1904:." George Vetter to be postmaster at Sunnyside, in the county of The amendment was considered, and agreed to. Yakima and State of Washington. Office became Presidential The bill was ordered to be engrossed and read a third time, was January 1, 1904:. read the third time, and passed. The SPEAKER. Without objection, the title will be amended. CONFIRMATIONS. There was no objection. Exemttive nominations confirmed by the Senate February 9, 1901,. CONSULAR AND DIPLOMATIC APPROPRIATION BILL. CONSUL. Mr. HITT. Mr. Speaker, I move that the House now resolve John Todd Hill, of Connecticut, to be consul of the United itself into Committee of the Whole House on the state of the States at San Juan del Norte, Nicaragua. Union for the further consideration of the bill H. R. 11287, the consular and diplomatic appropriation bill; and, pending that, I RECEIVER OF PUBLIC MOl'I"'EYS. ask unanimous consent that the gentleman from At·kansas [Mr. A. J. Gillis, of Walla Walla, Wash., to be receiver of public DINSMORE] and I be allowed to control the time in general debate. moneys at Walia Walia, Wa-sh. The SPEAKER. The gentleman from illinois moves that the MARSHAL. House resolve itself into Committee of the Whole House on the Charles Lewiston, of Wisconsin, to be United States marshal state of the Union for the further consideration of the diplomatic for the western district of Wisconsin. and consular appropriation bill, and, pending that, he asks unani­ mous consent that the time for general debate be under control POSTMASTERS. of himself and the gentleman from Arkanca [Mr. DINSMORE]. COLORADO. Is there objection? [After a pause.] The Chair hears none. Paul J. Sours to be postmaster at Denver, in the county of Den­ The motion was agreed to. ver and State of Colorado. Accordingly the House resolved itself into Committee of the GEORGIA. Whole House on the state of the Union, with Mr. LACEY in the Mattie H. Hanson to be postmaster at Forsyth, in the county of chair. Monroe and State of Georgia. The CHAIRMAN. The House is now in f'_,ommittee of the Hugh M. Pierce to be postmaster at Moultrie, in the county of Whole House on the state of Union for the further consideration Colquitt and State of G~orgia. of House bill11287, the consular and diplomatic appropriation bill. :mssoURr. Mr. HITT. Mr. Chairman, may I ask the gentleman from Ar- Henry J. Crider to be postmaster at Maitland, in the county of kansas about how much time his side will require for general Holt and State of Missouri. debate? Edward Myers to be postmaster at Appleton City, in the county Mr. DINS~ORE . Since I last conferred with the chairman of St. Clair and State of Missouri. several gentlemen have spoken to me asking for time, and it js John P. Rankin to be postmaster at Higbee, in the county of probable that there will be considerable time desired upon this Randolph and State of Missouri. side of the House. NEW YORK Mr. HITT. One hour or two hours? · . Mr. DINSMORE. I think even more than that; I think about Job~ M . Brown to be postmaster at Port Jefferson, m the county three hours. I suggest that we can probably reach an agreement of S~?lk and State of ~ ew York. . about the time later in the day. · W~ S. McLaughlin to ~epostmaster at Avon, m the county Mr. HITT. Very well, we will go on, and agree as we proceed. of LIVmgston.and State of New York. . I now yield to the gentleman from Connecticut [Mr. SPERRY] :fif- Owel H. Willard to be postmaster at Randolph, m the county I tee::1 minutes. of Cattaraugus and State of New York. 1\Ir. SPERRY. Mr. Chairman, on Monday last our friend from wrscoNsm. . 1\fas achusetts [1\Ir. THAYER] , in his speech upon the Panama Walter C. Crocker to be po.stma ~rat Spooner, m the county matter, referred to a petition from New Haven, which had been of Washburn and State of WISConsm. sent to the Senate as a petition from the representative men of Yale. The petition which he spoke of was sent to the Senator from Massachusetts, 1\ir. HoAR, and contained about twenty HOUSE OF REPRESENTATIVES. names in all. There were among those names some of the pro­ WEDNESDAY, February 3, 1904. fessors of Yale, but a very few in number. I am quite sure that my friend from Massachusetts does not wish to inflict a The House .met at 12 o'clock m. wrong upon any members of Yale, that being the college from Prayer by the Chaplain, Rev. HIDi'RY N. CotJDEN, D. D. which he graduated, and therefore he must take a little pride in The Journal of ye terday's proceedings was read and approved. that institution. CHRIST EPISCOPAL CHURCH, HOLLY SPR~GS , MISS. As I have already said, that petition, containing twenty names, Mr: SPIGHT. Mr. Speaker, I ask unanimous consent to take more or less, was sent to the Senate and presented to that body from the Private Calenda:r House resolution No. 181 and recom­ by the distinguished Senator from Ma sachusetts, 1\fr. HoAR. mit it to the Committee on War Claims. But there was another petition, also from citizens of New Haven, The SPEAKER. The gentleman from Mississippi asks unan­ sent to the Senator from Connecticut, 1\ir. PLATT, signed by imous consent that House resolution No. 181, on the Private Cal­ nearly 100 men, many of them connected with the institution to endar, be t.aken from the Calendar and recommitted to the Com­ which the gentleman from Massachusetts refers. I do not wish to see an injustice done to any person, especially in my own dis­ mittee on War Claims. Is there objection? [After a pause.] trict, or to have them misrepresented. I do not think that my The Chair hears none, and it is so ordered. friend from Ma sachlisetts intended to misrepresent, but he left BRIDGE ACROSS MO. 'ONGAHELA RIVER. a false impres ion upon the Members of the House. Mr. DALZELL. Mr. Speaker, I ask unanimous consent for I wish at this time to send to the Clerk's de k the petition the present consideration of the following bill; and, Mr. Speaker, which I have just refer.red to as the one sent to the Senator from 1904. CONGRESSIONAL RECORD- HOUSE. 1571

Connecticut, that the same may be read. I want the names read, holder upon the petition. I present this petition in justice to the also their profession or business, and when read I wish to make people of my district, some of whom think that the speech of my it a part of my remarks, that these names may be published in distinguished friend from Massachusetts did not present the mat­ the RECORD. ter in its true light and gave a false impression of the sentiments The Clerk read as follows: prevalent at Yale University upon this subject. I wish to add Whereas we, the undersigned citizens of New Haven, Conn., without dis­ that in the columns of the New Haven Register only a day or two tinction of party, believe that the President of the United States was fully ago one of the signers expressed himself upon this subject. I will justified in recognizing the independence of Panama; and read an extract taken from that paper: Whereas that recognition has been followed by that of most all the great powers of the earth; and Prof. Charles H. Sinith, of Yale, head of the department of American his­ Whereas we believe that the proposed Panama Canal will be of inestimable tory:, is a stanch supporter of the belief that the United States Senate should value to this country and to the world: ratify the Panama treaty. He was one of the signers of the recent petition We respectfully petition your honorable body for the ratification of the sent to the Senate for Senator PLATT to present, which forty Yale professors Ha.y-Varilla treaty. and fully as many other distin~hed New Haveners signed. At the request Charles S. Mellen, president New York, New Haven and Hartford of a representative of the Register, Professor Sinith consentBd yesterday to Railroad; Percy N. Todd, vice-president New York, New discuss the reasons why the treaty should be ratified. He believes that there Haven and Hartford Railroad· H. M. Kochersperger, third is a strong moral reason why ratification should be recorded promptly. vice-president New York, New 's:iven and Hartfo~·d Railroad; James A. Hemingway, president Fair Haven and Westville This is fro~ one of the gentlemen whose names have just been Railroad; Arthur D. Osborne, vice-president Second National read at the desk. I sincerely hope, Mr. Chairman, that this peti­ Bank; Samuel Hemingway, president Second National Bank; tion will be treated as it ought to be tJ.·eated, and treated as the Charles S. Mersick, president Merchants' National Bank; George W. Curtis, president City Bank; Edwin S. Greeley, real petition from Yale University. The one to which the gen­ president Yale National Bank; William T. Fields, president tleman from Massachusetts [Mr. THAYER] referred was a petition National Tradesman's Bank; Julius Twiss, treasurer National simply of about twenty names, and there were only a few names Savings Bank; Charles H. Nettleton, president New Haven Gaslight Company; Robert A. Browne, treasurer New HaTeD of Yale professors on it. Savings Bank; E. G. Stoddard, president New Haven County I will also read, before I close, an extract taken from the Hart­ National Bank; George B. Martin, president Union Lea,gue; ford Daily Times, a Democratic paper, under the heading " Stop A. Heaton Robertson, Lynde Harrison, CharlesK. Bush, Henry this nonsense: " Stoddard, John R. Beac~ Jacob B: Ullman, HemyG. Newton, P. W. Chase, Edmund z.acher, Richard H. Tyner, John W. If the Roogevelt Admini.stration has erred in this business, is that any rea­ Bristol, Henry H. Townsend, Edwin C. Dow attorneys at law; son why the Democrats in Congress should commit equally grave or more Newton Dexter, editor Gold and Silver Sinith; Frank C. Bush­ serious blunders? The news from Washington indicates that instead of mak­ nell; Joseph E. Hubinger; William E. Chandler; William J. ing the best use of their opportunity in the present situation the Democrats Atwater; Sherman S. Thompson; Geo. A. Alling; Chas. E. of the Senate are going to make the very worst possible use of it. Burton; J. W. Howe; F. B. Walker; Wm. T. Applegard; F. B. [Applause.] Sinith; Chas. S.Leete; James D. Dewell of J.D. Dewell & Co., wholesale grocers; RollinS. Woodruff, of C. S. Mersick & Co.; Mr. DINSMORE. Mr. Chairman, it is not my purpose to make John T. Manson, of Benedict, Downs & Co.; William H. Doug­ a reply to what has been said by the gentleman from Connecti­ lass.., of Dillon & Douglass; George Hare Ford, of The Geo. H. Fora Company and the Grilley Company; S. S. Adams; Fred cut [Mr. SPERRY] . I listened with attention and interest to T. Bradley, treasurer The English & Mersick Comrnany; Wil· what he read- the petition from his constituents and the excerpts son H. Lee, president Chamber of Commerce; Geo. r. Bradley from a newspaper- upon the subject of the ratification of the of Benedict & Co.·i John C. North; Wm. H. Brewer. professor of agriculture, Ya e College: Thomas R. Lounsbury, profe;;sor treaty with Panama. I merely want to call attention to the fact of English, Yale College; John F . Weir, dean of the art schooli that it does not make any difference whether Republicans or Dem­ Yale College; Fredk. Wells Williams, professor of orienta ocrats join in such a request of Congress. Unfortunately there history, Yale College; Chas. H. Sinith, professor of American history, Yale College; F. A. Gooch, professor of chemistry, Yale are some Democrats who are influenced by the same motives that College; George M. Duncan. professor of philosophy, Yale Col­ influence all the Republican party-that of selfishness and greed lege; Andrew W. Phillips, dean of the graduate department, and a desire to get something, no matter by what means it is ob­ Yale College; Henry P. Wright, dean of the acadelnic depart­ ment, Yale College; H. L. Wells, professor of analytical chem­ tained. I regret it very much myself, and other patriotic citizens istry, Yale College; Frank C. Porter, professor of biblical the­ regret it. The only thing in which I find great comfort is the ology Yale College; Herbert E. Smith, dean of the medical fact that the Democratic party as a party does not do such things. school, Yale College; Charles E. Beecher, professor of historical geology, Yale College; Russell H. Chittenden, director of Shef­ I notice that the gentleman from Connecticut [M:r. SPERRY], in field scientific school. Yale ColleP"e; L. V. Pirsson, professor of reading the extract from the paper , dwelt with peculiar emphasis physical geology, Yale College; tJliver T. Osborne, professor of upon one portion of it in which Prof. Charles H. Smith, of Yale, materia medica~ Yale College; Henry L. Swain, professor of laryngology ana otology, Yale College; Edward L. Curtiss, is credited with having said that there was a strong moral reason professor of Hebrew, Yale College; A. J. DuBois, professor of why the treaty with Panama should be ratified. Of course we civil engineering, Yale College; S, L. Penfield., professor of have nothing to do here with the ratification of the treaty. mineralogy, Yale College; C. B. Richards, professor of me­ Nevertheless, Members of this House have a right to their own chanical engineerin~, Yale College; Williston Walker, pro­ fessor of ecclesiastical theolo~y. Yale College; George B. opinions and to the expression of them upon questions of as great Stevens, professor of systematic theology, Yale College; La· importance as is that. But, Mr. Chairman, instead of hearing fayette B. Mendel, professor of physiological chemistry, Yale College; Addison E. Verrill,profe.ssorof zoology, Yale College; statements read from newspapers, which, if the distinguished gen­ Edward V. Reynolds, professor of corporation and contract tleman from Ohio [Mr. GROSVE..i'WR] were upon this side of the law, Yale College; Morris F. Tyler, treasurer of Yale Univer­ House he would characterize as platitudes, it is unfortunate that sity; Wilbur L. Cross, professor of English, Yale College; Rob­ ert N. Corwin, professor of German, Yale College; George B. we can not get the information and the reasons given which show Adams, professor of history, Yale College; Charles Foster that there is a moral obligation upon us to ratify that treaty. Kent, professor of biblical literature, Yale Colle[_e; Charles G. The distinguished gentlema-n from Ohio [Mr. GROSVENOR] has Torrey, professor of the Semetic lan[!!ag;es, Yale College; George G. BUBh, ex-director of the Shemela scientific school, characterized what has been said upon this side of the House as Yale College; Charles W. Johnson, professor of agricultural platitudes. Of course there were no platitudes in his speech chelnistry, Yale College; E. Hershey Sneath, professor of phi­ which be made on Saturday. It was no platitude for the gentle­ losophlr, Yale College; James M. Hoppin, professor of the his­ tory o art, Yale College; Rev. Dr. Charles Ray Palmer, of the man from Ohio to say that the most brilliant star in the diadem Yale Corporation; Arthur W . Wright, Jlrofessor of experi­ of the present President of the Unit-ed States is his conduct in mental physics;.. Yale College; Edward S. Dana, professor of thjs Panama affair. That is not a platitude; that is merely an physics, Yale uollege; Horatio 1\I. Reynolds professor of Greek, Yale College; John Day Jackson, p1·oprietor of the New inaccuracy, a mistake. [Laughter and applause on the Demo­ Haven Register; Charles Monson, of the Charles Monson Com­ cratic side.] That is all there is to that. When I rose, how­ pany; M. Sonneberg, of M. Sonneberg Piano Company; John ever, Ml·. Chairman, all I desired to say was that it was very Edward Heaton, assistant treasurer Society Colomal Wars. much better to give a body like this-where men are assembled Mr. THAYER. Mr. Chairman, I would like to ask the gentle­ for the purpose of taking into their care and keeping the interests man a auestion. of a great government-instead of declarations of the kind which The CHAIRMAN. Does the gentleman yield? has just been read, reasons, something which appeals to the hu­ Mr. SPERRY. One moment, please, until I get through with man intelligence, something that may guide our conduct. Of my remarks. Then I shall be glad to accommodate the gentle­ course I know that the gentleman from Ohio has a peculiar aver­ man. 1\Ir. Chairman, that petition is not a political one. It con­ sion to platitudes, but I will say that we upon this side do not tains the names of men of all parties, and at least a third of them like platitudes either, especially when it comes to dealing with a are Democrats. My friend the gentleman from :Massachusetts question of as serious importance as is this. [Mr. THAYER] the other day asked what Democratic papers fa­ Names have been read by the gentleman from Connecticut of vored the Panama treaty. people who think that this treaty ought to be ratified. Why, Mr. Mr. THAYER. Not" Democratic"-" influential." I did not Chairman, in my own part of the country there are people who say Democratic. say that thEr treaty ought to be ratified because "we ought to Mr. SPERRY. "Influential," then. Very well. I want to say have the canal; we have got to have it." Why, Mr. Chairman, that one of the signers of this petition is the owner and controller I have bad a constituent of mine say to me-he is a director of a of the New Haven Register, a Democratic paper. I refer to the bank. and I observe that the greater part of these names upon name of Mr. John D. Jackson. the list read this morning by the Clerk of the House, in the paper So far as I can observe, there is not a single national office- sent up by the gentleman from Connecticut, are the names of 1572 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 3, bankers-this gentleman, a director of a bank, said to me, "I am pass such laws as would make it impossible fo-r a State to become glad the President did it; it was a measly sort of a thing to do; the hiding place of violators of the law. It is also provided by but I am glad he did it, because we want the canal." I said the Constitution, clause-18 of section 8, Article I, that- ' Yes; I may need the money that you have in your vaults; but Congress shall have the power to make all law which shnJ.l be necess.'\l'y' you would hardly justify me in taking a jimmy and crowbar and proper for carrying into execution the foregoing powers and all other and going and break'ing open your safe and taking out that powers vested by this Constitution in the Government of the United States money." It looks to me as if the action of our Government in or any Department or office? thereof. this matter, while not quite such as I have just descn1>ed, was Now, by this clause Co-ngress certainly has the power to pass neverthele s reprehensible and not defensible. such laws as will enforce the provisions in regard to fugitives This is all I desire to say. I yield now for one hour to the gen­ from justice. tleman from Kentucky [Mr. JlliESJ. The United States Supreme Court in the case of Mahon t•. Jns· M1·. JAMES. Mr. Chairman, at the beginning of the Fifty­ tice (127 U. S., p. 705), the opinion delivered by Justice Field used eighth Congress I introduced for the consideration of this body this language: . an amendment to the laws upon extradition, which provision I Whether Congress might not provide for the compulsory restoration to desire the Clerk to read, after which I shall make such remarks the Sta.te of parties WJl'ongfully abducted from its territory-upon the applica­ as seem to me necessary upon the subject. tion of the parties or of the State, and whether such provi::.ions would not greatly tend to the public peace along the borders of the scveml St..1.tes are The Clerk read as follows: not matters for present cousidel'tl.tion. It is sufficient now thn.t no means If the go>ernor or executive authority of any State or Territory to wb.icll for such redress through the courts of the United States. have as yet been such fugitive person has fled sh3Jl refuse the demand of the governor or ex­ provided. ecutive authorityoftheStatetrom which saidfug:itfvefied, as above provided, then the go>e:rnor or executive of the tate from which said fugitive fled Now, Mr. Chairman, if Congre s has this power-and it is evi­ may file before any circuit or district judge of the United States of America dently clear to e-very reasonable mind that it was the purpose of a cm·tified copy of said indictment or a.flidavit and a copy of his requisition so the court, by inference at least, in this decision to say that it did m."l.de aud reftiSed in who~e district said fugitive is found, whereupon said judge shall issue a writ commanding the. ma:rshal of said di

The Albany Argus of May 28, 1900, said: of a Republican governor in the name of politics?" No; but he Taylor's flight is nothing but the logical outcome of his whole previous ca­ says: reer. It's the act of the cowardly bully driven to bay. He is the logical candidate in Kentucky. It's a pity that New York is not his chosen refuge, in I shill appear for trial conscious of my innocence and of the ultimate tri· order that our citizens might have a chance to pass judgment on Governor umph of r1ght and justice. Roosevelt's offer to shield a fugitive from justice. W. S. TAYLOR. The Indianapolis Sentinel of April24, 1900, said: There was nothing said then that he could not obtain a fair And now it is reported that Governor Roosevelt will not surrender Taylor, trial, but what happened? Why, sir, in less than two weeks from of Kentuc1.--y, on a requisition from Governor Beckham. It would be inter­ that time we heard· of him in Washington, and in three days of esting indeed to have the head civil-service reformer of the country join in that time we heard of him in New York, in consultation with protecting a fugitive from justice from the process of the courts. Possibly, however, like Hernly, he may think that political assassination is justifiable Governor Roosevelt, and what occurs? Does he come back to if the victims are Demoerats. Kentucky? Does he stand true to his declaration that he would In his message the President says that these bribe givers and never be a fugitive from justice? No, indeed. All this coura. bribe takers should be hunted down; that you ought to cross the geous statement had faded away as his own guilty conscience com· ocean to bring a man back that violated the law. I say, very well menced to tell him that the crime of the great as well as the and good, but let us cross the Ohio River first and bring the mur­ small was subject to the truth of that inexorable axiom," Mur­ derer back to Kentucky before you do that. [Applause.] Why, der will out." Mr. Chairman, I believe this message was in reality given to Con­ I say spurred on by this he sought the State of Indiana, and in gress in a vein of humor. the name of Republicanism he begged its protection. And not­ I notice he talks so much about the violators of the law in Mis­ withstanding four years ago this day one of the brainiest and, as souri and wants to cross the rolling sea to bring them back. I we believe, the bravest and knightliest of all that fought for the read only day before yesterday that Odell, governor of his own common people, died from a wound that the indictment of our State, the master of his political fortunes in New York, gave pro­ court said Taylor procured by offering $2,500 and a pardon to the tection to the millionaire, Mr. Ziegler, charged with bribery and man who fired the fatal shot, he has been protected, walking as corruption in Missouri, from the Missouri courts, and denied the a free man almost in sight of the blue grass under which his vic­ requisition of Governor Dockery. tim sleeps. I believe, Mr. Chairman, that the message of Mr. Roosevelt, in What doas Bradley say-the leader of their party, Taylor's con­ wanting to reach out for criminals and violators of the law across fidential friend, his attorney in the contest, ex-governor of his the sea, is but the bugle call to all the fugitives on the face of the State? Here is what he said on April 23, 1000, that is published earth to come back home, and if they can stand the Republican in the Louisville Commercial, the Republican organ of that State: administrations of New York and Indiana they can be protected [From the Louisville Commercial (Republican), April23, 1900.] there. [Applause and laughter on the Democratic side.] I do not believe the report to be true that he is in New York attempting No such punishment as being an exile from home can be visited to prevent the honoring of the requisition for his return to this State. Gov­ upon a man if he happens to take the life of a Democrat. [Ap­ ernor Taylor has publicly declared that he was not and would never be a fugitive from justice, and that if indicted he would respect the law and meet plause on the Democratic side.] his accusers face to face. Therefore there remains but one course opsn to So, when I contemplate the anomalous position of Roosevelt him, and that is to return as soon as he can and meet the indictment like a. \ the governor and Roosevelt the President, I am forced to declare man. .Any other course would be rank injustice not only to himself but to those of his friends who have been accused of so foul a ~rime. I do not know that another greater than R. Louis Stevenson would have to rise whether an indictment has been found against Go>'"ernor Taylor, but if it to properly characterize a greater than Dr. Jekyll or Mr. Hyde. has I have no doubt that he will promptly surrender himself into the hands of Durbin, the man to-day, giving protection to this violator of the law, and believe any intima.tion to the contrary does him rank injustice. the law, this man that Kentucky, through her grand jury has in­ dicted for the crime of murder, has for more than three long That was issued by William 0. Bradley. I know that it has years denied the right of the sovereign Commonwealth of Ken· been said, in order to excuse this outrage that is daily being per~ petrated, that he could not obtain a fair trial; but, sir, Kentuck~ ~cky to bring that man back and let him stand his trial before a tribunal of her law. And I notice that when Durbin comes to ians are too courageous, their history of one hundred years behind town he is wined and dined by this great Don Quixote upon ex­ them tell in tones too loud that this statement is false. You pro· tradition, who absolutely confides to Durbin the right to give to tected him beeause you said the courts of Kentucky were corrupt. the waiting and anxious world the news that ''HANNA can run for Taylor fled to the State of Indiana about :May 15, 1900, and it the Presidency if he wants to." [Laughter on the Democratic was from Indiana that he made his triumphal tour to the Repub~ side.] lican national convention, where the public press told us that he And when we all read that we again said, " The king can do no received an ovation second only to that of Roosevelt, and there wrong," and as Durbin starts back to Indiana from his confiden­ in the State of Indiana he has since remained. tial talk with the President, we hear him say amid the applause of On January 1, 1901, the Republican party obtained control of all the fugitives of the land, as he spea,ks of his own State of In­ the court of appeals, which court is the court of last appeal in all diana, saying of it: criminal and civil cases in our State. They retained this control of that court till January 1, 1903. Upon that bench were Guffey, Here, here is the land, of every land the ~ride, Durelle, O'Rear, and Burnham, four Republicans out of the seven Beloved by fugitives, o'er every land beside. judges that constituted that court. Mr. Chairman, their excuse for not honoring this requisition Do you tell me that he could not obtain a fair trial where his was that Taylor could not have a fair trial. Let us see whether own party controlled the court to which he had the right to ap~ that proposition can stand the test. What did Taylor say before peal his case? The chief justice of that court was Guffey, his old the indictment was returned, when he heard an indefinite rumor law partner, and this court of appeals would have had the right, in regard to same? I have his own signed statement here, that if this case against Taylor was a persecution instead of a prose­ he gave to the world, and in it he does not say that he could not cution, was one of falsity rather than of truth, one without evi­ obtain a fair trial in that Commonwealth. He does not say that dence to sustain the verdict of the jury, one procured by corrup­ juries are corrupt. He does not say that courts are polluted. But tion, to have reversed the case and rema,nded it to the lower court listen to Taylor himself before he had heard that certain confes­ with directions to dismiss the indictment, which would have been sions had been made. that certain witnesses had been called be­ and remained the law of the case. fore the grand jm-y, that the " cat was out of the bag." And yet, Mr. Chairman, with this condition existing in Ken~ Let us see what he says when he felt secure, little dreaming tucky, the Constitution of the United States, providing that" full that the world would ever know that he offered $2,500 and a faith and credit shall be given to the acts, records, and judicial pardon for a human life; that he said, •' Goebel has but twenty­ proceedings of every other State," was being trampled upon. four hours to live," and with the wisdom of a prophet this awful The provision of the Constitution providing that the governor prophecy became a reality; that he said, ''You must act first and should surrender a fugitive upon demand of the executive was then I will call out the militia,'' and the wounded man had not being grossly violated. With this couTt Republican, the demand been can·ied from the place of his fall until the tramp of the mi­ being made for his extradition, Durbin refused to surrender him litia was heard upon the statehouse grounds; that he had Lsued to the authorities of the State of Kentucky because he said Taylor pardons to men before conviction; that he was the bone and sinew could not obtain a fair trial. · and moving factor in the procurement of Goebel's death. Notwithstanding, if all he said be true, it was in the power of Here is what he said then, on April 7, 1900, and gave it to the the Republican court to have directed the dismissal of the indict­ Associated Press bearing his own signature, and it went through­ ment and let him go as free as the lark that sings in the sky. Why, out the States in the American Union: my friends, take this matter home to yourselves. Suppose that Once for all I desire to say neither directly nor indirectly had I any con­ the murderer of McKinley had been able to flee after he had com~ nection with theassassina.tionofSenator Goebel. I am a citizen of this State, amenable to its laws. I am not a criminal, nor shall I ever become a fugitive mitted that awful crime. Suppose he had come to Kentucky and from justice. Whenever indicted, if such an outrage shonld ever be com­ the governor of Kentucky had as little respect for his oath, for mitted- the Constitution, and for the laws of his country as Durbin had. Does he say, '' I will flee to Indiana and seek the protecting regis Czolgosz would to-day be walking Kentucky's soil, breathing her CONGRESSIONAL RECOR.D-HOUSE. FEBRUARY 3, pure air, and the nation mourning tJe death of one of the greatest understand it, composed of a majority of Goebel Democrats. They of her Presidents. · certified to the election of William S. Taylor as governor and Is that proper? Do you want to make that possible tn our Caleb Powers as secretary of state, and a large portion of the magnificent country? Suppose when you came to us and told us Democratic party, a large share of the Democratic press in that that you wanted to return him so that he might have a trial for State, acknowledge_d and admitted the right of Governor Taylor ·taking the life of your greatest leader, McKinley, the man who and Mr. Powers to the offices to which the people of the State lifted you to the mountain range of popular favor, and suppose we had chosen them. should have said that you shall not have him for trial until the :Mr. SHACKLEFORD. May I ask the gentleman a question? United States Government had brought about a condition which Mr. CRUMPACKER. Yes. will compel a State to return to us our criminal, who took the life Mr. SHACKLEFORD. Is not that just as true of every Demo­ of one we loved, no less than you did your leader. Your indigna­ crat that has come to this House and been thrown out by a Re­ -tion would have known no bounds. Retaliation would have met publican contest? Do they npt come with a certificate of election? with indignation at your hands. Congress would have been as­ Mr. CRUMPACKER. I am glad the gentleman asked that ques­ sembled in extraordinary session, and a law immediately placed tion. We try contested-election C!:l.Ses here, and there is no one upon the statute books such as I propose here. who is acquainted with the habits and temperament of this body Mr. Chairman, the c·:-nduct of Governor Durbin, viewed under that believes for a moment that it has the spirit and capacity to every searchlight, measured by every yardstick, weighed in every administer justice where political questions are involved. This balance, is such an outrage as to properly characterize it the pov­ body passes upon th9 election and qualifications of its own Mem­ ertyof the English language must stand admitted. [ ..A.pplauseon bers in response to the fundamental principle that it must be ab­ Democratic side.] solutely independent of outside control. It is a fundamental safe­ · The greatest right that a State can have is the right to try those guard to the independence and integrity of the House: and that who have violated its law and fled from its dominion. It is an overmastering principle is g1·eater and more important than tho enlargement of State rights. It is the very sovereignty of the right of any individual to membership. After the election in Ken­ State itself. tucky in 189!} William Goebel contested the right of his successful I know, sir, that many epithets have been hurled at the courts opponent to the office of governor, and under t-he laws of that State of Kentucky, but I stand here to defend them, though they need the contest had to be taken before the State legislature, a body no defense at my hands. Their decisions have been quoted and that wa3 essentially partisan, a body that everybody knew in ad­ approved the world around. The judicature of the civilized earth vance would decide according to its partisan majority. The peo­ has been made richer, wiser, and greater by their contributions. ple of Kentucky felt that popular government was at stake and Equity and justice have both alike welcomed their decisions as their indignation over an undisguised purpose to deprive them of examples of their teaching. Innocence in rags, justice without a the right to select their own governor and State officers was aroused friend, weakness without a staff, all in full and rounded measure from one end of the Commonwealth to the other. [Applause on proclaim in tones that defy partisan rancor, and political malice, the Republican side.] t of their incorruptibility. [Applause on the Democratic side.] Mr. SMITH of Kentucky. Will the gentleman yield for a { · And, sir, when mm·derers shall find no longer an Indiana of question? refuge, when requisitions shall no longer be dishonored, when Mr. CRUMPACKER. Yes. those who laid the miserable plot and took the life of William Mr. S1UITH of Kentucky. I understand the gentleman makes 1 Goebel shall have been gathered by that dark messenger that a thrust now at the body that tried the contests for governor and needs no requisition, when those who protected them shall live lieutenant-governor in Kentucky. ·only in infamy,Kentuckycourts-God bless them-willstilllive, Mr. CRUMPACKER. The gentleman may so construe my administering the law in its strength and justice in its purity. remarks. [Applause.] · - Mr. SMITH of Kentucky. You say the legislature· was parti­ · Mr. Chairman, I believe that whether this Congress acts or not: san and incompetent to try a contest. How many States in this whether Kentuckians may assemble this day a year hence around Union are there that have any other contest boards for governor the grave to place flowers upon it in sweet remembrance of the and lieutenant-governor? murdered dead, knowing the chief conspirator is yet unmanacled Mr. CRUMPACKER. I do not know. by the law; recounting the wrong perpetrated by the protection Mr. SMITH of Kentucky. There is not one. of his murderers-! say whether that would occur or not, in my Mr. CRUMPACKER. There is no such procedure in the State judgment Taylor will ha \'e to hunt another place of refuge, be­ of Indiana. That State provides for no legislative conMst of the cause the outraged people of Indiana will rise up in their might election of governor. The courts and not legislatures are the and repudiate the Republican policy by electing a Democratic proper forums in which to contest elections for all executive and governor in that Commonwealth. [Great and continued ap­ ministerial offices. plausQ.] The contest for the governorship in the State legislature in­ Mr. HITT. Mr. Chairman, I yield now to the gentleman from volved the fairness of the election in over a third of the State of Indiana [Mr. CRUMPACKER] such time as he may d~sire. Kentucky. The supporter of :Mr. Goebel challenged the integ­ :Mr. SMITH of Kentucky. Mr. Chairman, I ask leave for the rity of the election in every precinct in the great city of Louis­ gentleman from Kentucky to extend his remarks in the RECORD. ville. They charged in a large number of other counties that the , The CHAIRMAN. The gentleman from Kentucky as-s unani­ ballots were printed upon paper so thin that the mark of the voter mous consent that his colleague may extend his remarks in the indicating his choice could be seen through the baEot. The con­ RECORD. Is there objection? [After a pause.] The Chair hears testee offered to prove and did prove that in ne.:1.rly every instance none. where such ballots were used they were printed and furnished by Mr. JAMES. I yield back to the gentleman from Arkansas Democratic election boards and officers, men who were friends such time as there may be remaining to me. and supporters of Mr. Goebel for governor. :Mr. CRUMPACKER. Mr. Chairman, I have listened with re­ The committee selected to hear the contest made a general re­ gret and amazement to the remarkable address of the gentleman port to the legi lature recommending the eating of Mr. Goebel. from Kentucky [Mr. JAMEs] , and his unwarranted and ill-tem­ and by implication, at least, they justified the exclusion of the pered attack upon the governor of the State of Indiana. I am not votes in one-third of the counties in the State of Kentucky, in­ here to defend the action of the governor of my State. He needs cluding the city of Louisville. no defense among people who are acquainted with his high char­ Gentlemen talk about the assassination of the Commonwealth acter and distinguished ability, and with the history of the elec­ by the failure of the governor of Indiana to surrender Governor tion in the State of Kentucky in the year 1899 and its results, in­ Taylor to the Kentucky authorities for trial for the murder of cluding the assassination of Mr. Goebel, and the prosecutions and Mr. Goebel. Who are the real assassins of the Commonwealth trials following that lamentable affair. in the State of Kentucky( Are they not the men who ruthle sly In 1899 Hon. William S. Taylor was as hone tly and fairly and arbib.'arily overturned the elections in 1899 and unseated from elected governor of the State of Kentucky by the votes of the office men who were honestly and fa:iJ.'ly chosen and put in their sovereign citizens of that State as any man was ever elect.ed gov­ places mep. who were repudiated by the voters at the polls? The ernor in any State. [Applause on the Republican side.] His integrity of the ballot lies at the very foundation of republican election was conceded and certified by the Democratic State elec­ institutions and assaults upon that integrity are death blows to tion board, appointed under what is popularly known as the" in­ popular government. The gang of unscrupulous politicians who famous Goebel law." collected;." Frankfort in the winter of 1900 and conspired to cheat Mr. SMITH of Kentucky. Mr. Chairman, I would like to dis­ the people of the State of Kentucky of their fundamental right abuse the gentleman's mind. The fact is that the election of the to choose their own officers were the assassins of the Common­ governor and lieutenant-governor was to be decided, as it is in wealth. Public officers charged with the administration of justice, every State I know of, by the legislature of Kentucky. who filled the jury boxes with the names of partisan Democrats 1\Ir. CRUMPACKER. The election was canvassed and certified for the pmpose of trying men accused of a political crime, were by the State election board appointed under the Goebel law, a.:s I assassins of the Commonwealth. 1904. - - CONGRESSIONAL RECORD-HOUSE. 1575

· What greater crime than the prostitution of courts to partisan Mr. DINSMORE. Well, the gentleman from Michigan is. ends could be committed against any civilization? I do not claim [Laughter on the Democratic side.] that the institutions and citizenship of the State of Kentucky are Mr. WM. ALDEN SMITH. Yes; he always does. not in ordinary matters of as high a standard as those of any The CHAIRMAN. Does the gentleman from Indiana yield to other State in the country. That State has a splendid history and the gentleman from Kentucky [Mr. STANLEY]? a brave and chivalrous citizenship, but notwithstanding condi­ Mr. CRUMPACKER. I prefer not to now. The organization tions have been such since the election in 1899, in relation to the of the court and jury and the conduct of the trials in the Powers result of that election and the contest following~ that the public case was condemned by honest-minded, cool-headed Democrats, mind in the State of Kentucky has been and still is ·absolutely I will say, and by newspapers that had theretofore been known as unfit to deal with the question of the guilt of those indicted for Democratic papers, throughout the State of Kentucky. Goebel­ the murder of Mr. Goebel with any degree of fairness or justice. ism came to be a political issue in that State. Governors and This condition may not exist in all parts of the State of Kentucky, State officers were elected and defeated on that issue. Candi­ but that it does exist in Scott and Bourbon counties-counties dates for seats in this body were elected and defeated upon the from which the juries were drawn-is true beyond a cavil of a issue of Goebelism. Many will remember that distinguished doubt. Kentuckian, Colonel Berry, who was a Member of the House in Mr. WILLIAMS of Mississippi. May I ask the gentleman a the Fifty-fourth, Fifty-fifth, and Fifty-sixth Congresses. He was question? an anti-Goebel Democrat, and that was his undoing-he is no Mr. CRUMPACKER. The gentleman may. longer here. .... Mr. WILLIAMS of Mississippi. Suppose Taylor was elected, In the empaneling of the juries in the trials of Ca1eb Powers suppose there was a contest, and suppose that Goebel was declared they were packed by his bitter political opponents. At none of elected; suppose that sentiment was aroused; does that justify the trials was there a friend of his-a political friend-or an hon­ assassination? est representative of his party on the jury. Mr. CRUMPACKER. I am not here. M1·. Chairman, to jus­ The CHAIRMAN. Does the gentleman yield. tify assassination. No provocation justifies a crime so foul and Mr. CRUl\iPACKER. I will yield now. dastardly, but I do propose to submit some reasons in explana­ Mr. SMITH of Kentucky. Mr. Chairman, I would like to call tion of the attitude of the governors of the State of Indiana-Gov­ the attention of the gentleman to the fact that he is misstating ernor Durbin and his distinguished predecessor, Governor Mount­ the case grossly. in refusing to recognize the requisition of the governor of the Mr. CRUMPACKER. Well, let us see. State of Kentucky for the return of Mr. Taylor, to be tried in the MI·. SMITH of Kentucky. As a matter of fact, on the first Kentucky courts under conditions then existing. I expect to jury that tried Caleb Powers thera were six anti-Goebel people. J show that Governor Taylor was not a fugitive from justice, but a Half the jury were anti-Goebel. There were four anti-Goebel l fugitive from injustice, oppression, and tyranny. Democrats and two straight Republicans, and he could not be I Mr. WILLIAMS of Mississippi. Mr. Chairman, I will ask the convicted without the verdict of every member of the jury. I gentleman one other question. if he will permit. I would ask Mr. CRUMPACKER. In the first trial the jury was composed whether he"himself doubts that Mr. Goebel was a3sassinated for of eleven Democrats and one alleged Republican school-teacher, political reasons? . who depended upon local Democratic officers for employment-a Mr. CRUMPACKER. Well, I do not know that that has any­ lick-spittle who was worse than any honest Democrat could have thing to do with the question before the committee. [Laughter been. That is my information of the sitn:1.tion. on the Democratic side.] What I may feel or think about the 1\Ir. SMITH of Kentucky. Mr. Chairman, I beg, in a most re­ character of the assassination has nothing to do with the question spectful and emphatic way, to protest against the statement of now under discussion. Everybody admits that it was an execra­ the gentleman from Indiana [Mr. CRUMPACKER] as being abso­ ble crime. During the period of intense excitement in the State lutely without foundation. of Kentucky immediately following the institution of the con­ Mr. CRUMPACKER. Is it not true that one of the jurymen test Republicans and Democrats from all parts of the State met in the first trial was heralded over the country as a Republican at the State capitol to insist that the will of the people should be school-teacher? And is it not true that he was employed by Derr:.o­ carried out, that honest elections should be respected, that un­ cratic school officers in the county in which he taught? scrupulous political buccaneers should not be permitted to take Mr. SMITH of Kentucky. I did not understand the first part away from the people of the State the right to choose their own of the gentleman's question. Will he repeat it? officers, and in the whlte heat of partisan feeling unfortunately Mr. STANLEY. There are few Republicans in Kentucky who somebody shot and killed Mr. Goebel, the contestant. can teach a school. [Laughter on the Democratic side.] I am not here to justify that act. It was a crime, a crime Mr. CRUMPACKER. It is very evident that there is some­ against humanity, a crime against civilization, a crime deplored thing the matter with Kentucky. Nobody seems to have been in every State in this country. Immediately proceedings were set teaching very effectively down there. [Laughter on the Repub­ on foot to hunt out the perpetrators. The political machinery in lican side.] the St ,te of Kentucky was in the hands of the Goebel Democrats. Mr. SMITH of Kentucky. If the gentleman desires an answer A hundred thousand dollars was voted by the legislature to dis­ to his question and will repeat it, I will try to answer it. cover and convict the criminals. Indictments were returned by Mr. CRUMPACKER. I understand the gentleman claims that partisan grand jmies against the Republican governor and secre­ in the first organization of the Powers jury there were six Goebel­ tary of state, amongst others, charging them with the crime. All, ites, f0ur anti-Goebel Democrats, and two Republicans. I say I believe, of the candidates on the Republican State ticket, all of there were eleven Democrats and one Goebel Republican. the men who were elected by the suffrages of the people to State 1\Ir. SMITH of Kentucky. I deny that statement most em­ offices, were included in the indictments, charged with conspiracy phatically; and I wish to make the statement further that that to murder or with being accessories before the fact. gentleman was decidedly against Mr. Goebel, went into the jury Mr. Sl\:IITH of Kentucky. Mr. Chairman, do I understand the box with a decided impression that Mr. Powers wa an innocent gentleman to say that all of the gentlemen who were on the Re­ man, but after hearing the evidence and getting into the jury publican State ticket were included in the indictments? room, I understand he was the first to suggest that the jury find Mr. CRUMPACKER. I may have included too many. I said Mr. Powers guilty. all. There were too many. The governor and the secretary of Mr. CRUMPACKER. Yes; and he was employed to teach for the State I know were indicted. another year, and I think he had his salary increased. [Laughter.] Mr. SMITH of Kentucky . .And that is all. Mr. JAMES rose. Mr. CRUMPACKER. Yes, and thesecretaryofstatewastried Mr. CRUMPACKER. Constant interruptions practically de­ and tried again, and tried a third time, and respectable Democrats stroy the continuity of my argument, but I will yield to the and Democratic papers all ove1· the State of Kentucky denounced gentleman. the character of the trials and convictions as infamous. Mr. JMIES. The gentleman is proceeding on the idea of as­ M.r. STANLEY. Can the gentleman name one respectable sailing the jurors down there. In order that justice may be done Democratic paper that ever did that? upon the question he is raising here as to the selection of the jury, I Mr. WM. ALDEN SMITH. Oh, there are few respectable ask him whether in the first trial and in each of those trials the Democratic papers in that State. [Laughter on the Republican question was not raised before a Republican com-t; and not a single side.] time did the Republican court of appeals of Kentucky sustain the Mr. STANLEY. May I ask the gentleman if that is the spirit contention that the gentleman is now making here. [Applause.l in which he proposes to denounce partisanship, by saying that Mr. CR U:MP ACKER. The question was raised before the loca1 there is not a respectable Democratic paper in the State of Ken­ courts; and on the second trial of 1\Ir. Powers affidavits were filed tucky? by several people of the county setting out the fact that the names Mr. WM. ALDEN SMITH. That is the spirit the gentleman selected by the jury commissioners were all Democrats and Goe­ is manifesting in this controversy this morning. The gentleman belites except, I think, four or five; and the court was asked to is not showing a judicial spiiit. set aside the panel and order the selection of a new list of names. 1576 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 3,

In a county that was nearly evenly divided in politics, there were vided politically? Why were there not three or four real, genuine ninety-five Democratic names in the jury box, and four or possi- Republicans on the jm·y? In the third trial the jury that tried bly five Republican names. Powers was composed of eleven Goebel Democrats and one Goebel The State had five peremptory challenges, so that not a single Republican. The Goebel Republican, the evidence showed, had Republican was allowed to sit on the jury. The case had become voted for Goebel for governor, and had his picture framed hang­ intensely political; it entered into the politics of every township, ing up in the drawing room of his home. county, and Congressional district in the State of Kentucky. Mr. McDERMOTT. Will the gentleman yield for a question? Powers was on trial for a political crime before a jury composed Mr. CR"([MPACKER. I yield to the gentleman from New entirely of his political enemies. Think of such a trial in the Jersey. · twentieth century! The conduct of Judge Cantrill, and the Mr. McDERMOTT. The governor of every State in the Union record he made in that case, considering the advanced st.andards is supposed to be under the State and Federal Constitution. Does of administering justice, makes the tribunal presided over by the gentleman consider that, a requisition being made upon the bloody Jeffreys on the Taunton circuit eminently respectable. governor of any State in this Union to surrender one charged [Applause on the Republican side.] with the crime of murder, he has the right tJ consider the ques- .1\Ir. SHERLEY. I want to ask the gentleman whether he con- tion of whether or not the man so charged will receive a fair or siders that when a man is being tried for murder it is a political an unfah· trial if he is returned to the State from which the question that is on trial? requisition issues? Mr. CRUMPACKER. It may be under some circumstances. Mr. CRUMPACKER. He always must consider that ques- Mr. SHERLEY. It seems to be so under some circumstances. tion, and it is his duty to presume that ordinarily in all the States 1\Ir. CRUMPACKER. It was made a political question in the justice will be administered fairly. He has a right to act upon State of Kentucky. The question of the guilt of Governor Tay- that presumption. He ought to act upon it, and I concede the lor and Caleb Powers was the Democratic slogan at elections. It vital importance under our system of government, in the admin­ was embo:lied in the Democratic State platforms, and was thun- istration of the laws, that State authorities should respectreason­ dered with impassioned eloquence from the hustings. Every man able and proper requisitions for the extradition of fugitives. But who voted the Democratic ticket voted Taylor and Powers guilty where facts are brought to the notice of the governor of a State, of the crime that overshadowed everything else in State politics. where he is informed in advance, that such a condition exists, and the juries that convicted Powers were composed of that kind that such a condition of public excitement prevails that it is of men. Is was a political trial, and fairness, justice, and com- practical assassination to turn theaccusedovertotheauthoritiesof mon decency required that the juries should be equitably divided another State for trial, then the governor is not only justified, but, between the two political parties in the county in which the cases in my humble opinion, it is his duty to deny the requisition. were tried. Mr. McDERMOTT. I beg to suggest this to the gentleman: Mr. SHERLEY. Does not the gentleman know as a matter of That even if it was demonstrated to the governor of a State that law that the question of the political affiliations of a juror is not if the man for whose return requisition had been issued would be l a question that can be brought before the court in the selection of so hied that his trial would amount to absolute ~sassination, \ a jury on the von· dire? nevertheless the governor of the State upon whom the•requisition I Mr. CRUMPACKER. That is true enough, and that is the was made would have no right under our form of government and \ reason the court of appeals failed to take cognizance of that ques- under the Federal Constitution to consider the question of method tion when pre3ented. on appeal, but it can be brought before the of procedure or probable result of trial. jury commissioners, and they can be prevented from packing a Mr. CRUMPACKER. It is fortunate that the gentleman is not jury for the purpose of convicting a man whether he is guilty or the governor of any State. not. [Applause on the Republican side.] Mr. McDERMOTT. I challenge the gentleman to find a writer Mr. SHERLEY. And the evidence in support of that is no. on political economy in this country, I challenge the gentleman to greater than the statement of just such men as the distinguished find a writer on our constitutions, Federal or State, who will sup­ gentleman who is willing, without regard to the facts. to give a dis- port the proposition by one single sentence that any governor is torted version. It is not true that the jm1.es of the State of Ken- allowed to consider what kind of a trial a man will have if he is tucky have been packed to convict men. returned to the State where he is indicted. [Applause on the Mr. CRUMPACKER. I do not charge it as a general propo- Democratic side.] . sition. .Mr. CRUMPACKER. Mr. Chairman, if a leaderof a mob in Mr. SHERLEY. It is not true as a special proposition. a State should apply to the governor of a sister State for the cus- Mr. CRUMPACKER. I charge it in relation to the tdal of tody of a man that he might be tried by Judge Lynch, be tried those indicted for the assassination of Goebel, and I can go to the by a frenzied mob, the gentleman will not pretend that it is the State of Kentuckyandprocureeminent and respectable witnesses duty of the governor of that State to surrender a fugitive under by the hundred, aye, by the thousand, who will justify the state- those circumstances. If the governor of the State is convinced ment I make here. that public sentiment is in such a pitch of excitement that while Mr. WILLIAMS of Mississippi. Will the gentleman put the the court inay preserve the form and procedure of law it is moved proof of some of that in the RECORD when he publishes his speech? by the SIJirit of the mob, I say that the governor is justified in re- 1\Ir. CRUMPACKER. I will. I have newspaper extracts and fusing that requisition upon principles of common humanity. letters by the dozens, and I shall ask the privilege of publishing Mr. McDERMOTT. If the governor is regulated by the Con- some of them in my speech. stitution, if he is regulated by law, no governor has the right to Mr. WILLIAMS of Mississippi. Oh, what newspaper extracts? make any such determination as the gentleman has suggested. Mr. JAMES. You say juries were packed with partisan Demo- Mr. CRUMPACKER. I hope the gentleman will respect the crats for the purpose of convicting those indicted for taking rules of debate and not undertake to make a speech in the time Goebel's life? . assigned to me. Mr. CRUMPACKER. That is the statement. Mr. JAMES. I would like to ask the gentleman a question. Mr. JAMES. Now tell me how it was that a jury that was Mr. CRUMPACKER. TheSupremeCourtoftheUnitedStates packed as you say tried Captain Ripley and acquitted him, and has decided squarely that the governor of a State can not be com­ tried Buck Howard and a.cquitted him of the murder of William pelled to grant a requisition made by the governor of a sist3r State, Goebel? How was that if they were juries that were packed for that the question is discretionary with the governor whether he the purpose of convicting anybody or everybody? How was it that grants it or not. those two gentlemen escaped? 1\Ir. JAMES. I would like to ask the gentleman a question Mr. CRUMPACKER. Those two gentlemen were men of such about what he says, frankly, about the courts. I want his judg­ insignificance in the politics and society of the State of Kentucky ment upon this, as to whether Governor Taylor could not trust that it would be no credit to the Democratic party to land them the court from 1900 to 1903, during which time the Republican in the penitentiary or on the gallows. [Derisive laughter on the party had control of the court of appeals, the court of last resort. Democratic side.] And it is quite probable that some evidence of Mr. CRUMPACKER. Mr. Chairman. I most assuredly say so. guilt, a scintilla of evidence, is required to convict even before I firmly believe it. The governors of Indiana both Governor the juries I have described. Mount and Governor Durbin, entertained that belief. Sub.3equent Mr. SMITH of Kentucky. ·I beg to suggest to the gentleman developments have vindicated their judgment. Therewera three that Captain Ripley is a man in as good standing as any man on trials of Caleb Powers. I do not think that the result of a ingle the Republican State ticket in 1889. one of the trials is entitled to the respect of fair-minded men in Mr. CRUMPACKER. I say this, that in the second trial of this country. Powers, in a county where the political parties were nearly evenly Mr. JAMES. Does he not believe that his statement is unfair, divided, every man on the jury was a Goebelite. It was a political I if not entirely unjust, an injustice piled upon four of the most trial, I reassert, and Powers had no chance whatever for his life Idistinguished Republicans that are in his party in Kentucky? or liberty. That is the proposition I assert here. In the name of Mr. CRUMPACKER. Mr. Chairman, I assume the gentleman C)mmon fairness and common decency why was not the jury di- to be a lawyer, and he knows that while certain questions can be ...

1904. CONGRESSIONAL RECORD-HOUSE. 1577

presented to the Kentucky court of appeals, I presume that court Mr. CRUMPACKER. It is the honest opinion of men who were is organized like the courts of final 1·esort in other States. As a well acquainted with conditions. rule, questions of fact are not reviewable there on appeal. Mr. BREAZEALE. An honest opinion, but not evidence. :Mr. JAMES. If the court was of the opinion that the trial was Mr. CRUMPACKER. Yes. an unfair one and one that is an assault upon this man, or that Mr. BREAZEALE. It is not a serious statement of facts upon the verdict was not sustained by the evidence or was an outrage, which you can base a statement that-- your party, who were in majority in that court, would have the Mr. CRUMPACKER. Mr. Chairman, thetechnical refining of right to have the case remanded back to the court below, saying the gentleman from Louisiana is too unsubstantial for practical that it was an unfair trial, that there was not evidence to justify purposes. . We have the prominent facts that Taylor was fairly the verdict, and instructing the county attorney to dismiss the electe.P, governor; that his political adversaries ousted him from case. that office ancl had him indicted for the assassination of Goe­ Mr. CRUMPACKER. The court of appeals reversed two of bel, along with the secretary of state and others; that the sec­ the judgments convicting Powers because he was not fairly tried. retary of state was tried three times before juries made up of men Mr. JAUES. Not for the Teasons that you have suggested. whowere his bitter political adversaries; thattheyconvicted him Mr. CRUMPACKER. For the reason that they were not fair and the court of appeals reversed the judgment; they convicted trials and were not an honest administration of justice. him again and the court of appeals again reversed the judgment; Mr. JAMES. Not at all. Out of 875 exceptions taken on the they convicted him a third time, and for a third time the case is l I trial only three were sustained by the Republican court and in pending before the court of appeals of the State awaiting a decision. I a vote of ± to 3 from that bench. Mr. BREAZEALE. Now, may I ask the gentleman one more ·, Mr. CRUMPACKER. Thereversalsmusthavebeenfor mate­ question? i rial en-ors at the trial that prevented the. defendant from receiv­ Mr. CRUMPACKER. These are some of the facts upon which ing justice. Pending the appeals the judge who presided at the my opinion is founded. trials was making a canvass of the State for a seat in the United Mr. BREAZEALE. Is not flight a very strong suspicion of guilt? \ States s ~ nate, chiefly on the ground that he had sent Powers to Mr. CRUMPACKER. It depends upon the circumstances. It the penitentiary for the murder of Goebel. is evidence of good sense and prudence on the part of those who t Mr. SHERLEY. I would like to ask the gentleman this ques­ were charged with the assassination of Mr. Goebel. tion. If Mr. Powers had pursued that policy he would have stood a Mr. CRUMPACKER. I yield to the gentleman. better chance for his life than he' does to-day. I have known him Mr. SHERLEY. Do you consider that that opinion of the for fifteen years. He was educated in the town in which I live, l court of appeals reversing that case is such evidence of inability graduating from Valparaiso College. and no one in that com­ '· to get justice in that State as to warrant the governor of Indiana munity was more respected or stood higher as a student or a in disregarding the requisition? citizen than he. We do not believe he is guilty of the crime for Mr. CRUMPACKER. Not by any manner of means. I am which he was convicted. I not complaining of the conduct of the court of appeals, but of the Mr. JAMES. Does the gentleman know from what college ) I conduct of the local court, composed of Judge Cantrill and a Goe­ Guiteau graduated? bel jury. :Mr. CRUMPACKER. I do not. Mr. SHERLEY. The gentleman's own statement shows the Mr. JAMES. The fact that a man graduated from a college, court of appeals review.: d the case and reversed it b2cause there then, is no evidence that he is not a criminal. Now, the gentle­ had been, as the gentleman says, not a fair trial, but what was man seeks to justify the governor of Indiana in refusing to honor in fact not a trial of-- the requisition of the governor of Kentucky by the results of the Mr. CRilliPACKER. It would not make any difference, Mr. Caleb Powers trial. Was not the requisition refused before Caleb Chairman, if the court of appeals had affirmed the judgment. I Powers had ever been tried; and how is it that he knew in ad­ do not believe any faii·-minded man in the country can truthfully vance how the trial would be conducted? say that the three successive trials of CaJeb Powe1·s were fair and Mr. CRUMPACKER. Well, Governor Mount was a man of honest trials. It was a political prosecut1on brought on by polit accurate and reliable instincts. [Laughter.] He was well in­ ical adversa.ries-- formed as to the local conditions surrounding the court, and sub­ Mr. SHERLEY. I claim to be a fair and- sequent developments show that he made no mistake. He knew Mr. CRUMPACKER (continuing). And under the control of what he was doing. Governor Mount refused the requisition. a man who was making a canvass for the United States Senate The voters of the State of Indiana in the election of 1900 fully ap­ on the ground that he was engaged in convicting the assassins of proved of the action of Governor Mount, and they will stand by William Goebel. Governor Durbin as long as conditions remain as they now are. Mr. SHERLEY. I claim to be a fair and honest man and I am Mr. JAMES. Did the same instinct prompt Taylor to issue a willing to stand on the floor of the House of Representatives and pardon to Caleb Powers before he had ever been charged or tried? say to the gentleman from Indiana that there has not been a man [Laughter.] convicted of the murder of William Goebel who, in my humble Mr. CRUMPACKER. Conditions sometimes, when political judgment. both as a citizen and a lawyer, is not guilty of that questions greatly agitate the public mind, are such as to take offense. That is the opinion of the best lawyers and the best men away all sense of fairness and justice from an otherwise honest of the State of Kentucky. [Applause on the Democratic side.] and upright people. During the recent trial of the lieutenant­ :Mr. CRUMPACKER. The gentleman may have the benefit of governor of South Carolina for what appeared to be an unpro­ his tatement ancl he is entitled to anything he can get out of it. voked murder a witness on behalf of the State was asked on cross­ ·Mr. BREAZEALE. Mr. Chairman, will the gentleman yield examination if he had not voted for a Republican candidate for b me for a question? Congress. Objection was made to the question. It was urged on :Mr. CRUMPACKER. I yield to the amiable gentleman from the ground that it tended to impeach the credibility of the wit­ Louisiana. ness;andthepresidingjudge,aftermaturecons:deration,admitted Mr. BREAZEALE. I thank you. Just now you stated your the question, stating that the jury had a right to take into consider­ belief was that a packed jury convicted these people. Have you ation the fact that the witness had voted for aRepublican candidate any evidence upon which you base that belief or is it merely an for Congress as bearing upon his credibility. [Laughter.] impression from loose-jointed statements in newspapers? That is in the record in the Tillman case. It may be that con­ 1\Ir. CRUMPACKER. I have been trying to state, if the gen­ ditions down in South Carolina are such as to justify that ruling tleman pleases, the reasons for my opinion-- of the court. I am not complaining about the result of that trial, :Mr. BREAZEALE. I know- but I am complaining about the results of trials in the State of Mr. CRUMPACKER. Take this one proposition: A county Kentucky. I admit, sir, that as a rule it is the duty of governors where the political parties are nearly evenly divided has a polit­ ?f t~e sever~ States to assist in the extradition of fugitives from ical trial of absorbing interest antl the jury is made up altogether JUstice. It IS necessary that there may be a proper admini tration of men of ad verse politics to the defendant. Would it not excite a of the criminal laws of the country; but where life and libeTty suspicion at least that the action of the jm-y had been forestalled? are involved and a condition of public excitement exists in a State Mr. BREAZEALE. I admit you are justified in the suspicion, such that the courts are unable to conduct fail· and impartial but is that evidence; is that sarious testimony of packing a jury, trials, it is the solemn and humane duty of a governor to refuse a but a mere inference and suspicion which you might have? requisition from that State until reason has resumed its sway and Mr. CRUMPACKER. Now, that is one suspicion; we do not the excitement has abated. · rest our ease on one suspicion alone, but upon a dozen circum­ That the discretion of the chief executive officer can not be con­ stances, and upon testimony of honest Kentucky Democrats, trolled is a corollary of the old ·doctrine of States rights. Yon which I said a moment ago I will submit, if I am permitted to can not compel the chief executive officer of a State to exercise a IJrint it in the RECORD. discretion this way or that without controlling or embarra sing Jllr. BREAZEALE. Is that testimony or mere opinion and the administration of State affairs. That is Democratic doctrine. suspicion? Now, Mr. Chairman, Governor Durbin was elected to the high ·1578 CONGRESSIONAL RECORD-HOUSE. FEBRU.AUY 3,

. office ha now occupies by a majority of nearly 30,000 of the voters upon which he refused to honor the requisition of the governor of the State of Indiana. My recollection is that in the State plat­ of the State of Kentucky. Here is what he said: form in the campaign of 1900 the Republicans of Indiana in­ For the second time requlsitions have been presented to the governor of dorse:l unqualifiedly the administration of Governor Mount, this Commonwealth, issued by your authority, a kin~ for the extradition of including his refusal to surrender Governor Taylor to the Ken­ WilliamS. Taylor and Charles Finley, allegea fugitives from justice from the State of Kentucky and at this time residing in the State of Indiana. The tucky authorities under the then existing circumstances. Governor indictment presented cfuJ:r~es these men with being accessories before the fact Durbin has the reputation in Indiana and throughout this country to the willftil murder of William GoebeL I respectfully decline to honor the of being not only a law-abiding but a vigilant law-enforcing gov­ requisitions. . 'l'he reasons given for a similar action on the part of my predecessor, the ernor. As chief magistrate he has used the power at his com­ lamented ex-Governor Mount, still obtain in a pertinent manner as a basis for mand to arrest and disperse mob after mob in the State of Indiana. this refusal, reinforced as they are by events that have occurred since that In my judgment, he has done Ip.ore in enforcing the criminal time, which only tend to establish the conviction to those who believe in equal and exact justice under the law to all men that the time has not yet arrived laws of the State and protecting life and property against vio­ within the environments of this prosecution whereby an unpreJudiced and lence and lawlessness than any other governor that has honored nonpartisan hearing of a trial could be had. I choose to make use of the right the rosition he occupies since the days of the great Morton. and the duty of the executive of the Commonwealth to exercise a discretion­ ary power of refusal to the end that the purposes of persecution, which seems Governor Mount refused the first requisition, and he was to be the conspicuous feature of this prosecution, may not force these men be­ prompted jn his action in some degree by the sincere belief that fore a court partisan to the very extreme of vindictiveness and a jury organ­ Taylor had been lawfully elected governor of the State of Ken­ ized for conviction in its personnel and impanelment. The assassin.ation of the late William Goebel was a monstrous crime, de­ tucky; that he had been ousted from the office by the high-handed plored, as I believe, by every citizen of Indiana and of the Republic. The and revolution ary proceedings of his political adversaries, and spirit of assassination is the twin of anarchy. If allowed to go unpunished that it would be a recognition of the validity of the contest to sur­ there could be no more serious crime than that a citizen of a State, or the official representative ot the Commonwealth in any capacity, should be foully render the real governor of the State to the one who had unlaw­ murdered as the result of conspiracy or as an individual act. fully usurped his seat. I have given careful and conscientious conside1·ation to the evidence pro­ Besides this, before Governor Mount had had an opportunity to duced in the case already heard of the persons accused of complicity in the murder of William Goebel so far as has been placed in my hands by the at­ act upon the request of Governor Beckham, claiming to be the torneys for the prosecution, and I unhesitatingly a:ffi.rm that conviction chief executive of the State of Kentucky, Governor Beckham had based upon such a mass of self-evident perjury reflects the poisoned passions arbitrarily refused to recognize a requisition issued by Governor of a court and jury and strengthens the belief that were these requisitions honored I would be only aidirig the determination of the prosecution to con­ .Mount for a fugitive then in the State of Kentucky. A number vict these men without any reference to law, justice or fact. of days before the request was made upon Governor Mount to I can not cause a man, from whom the presumption1 of innocence should surrender Governor Taylor to the Kentucky authorities he made never be stripped except by legal methodS, to be subjected to the rapine of political persecution. Kentucky is a Commonwealth revered for its high a requisition upon the governor of Kentucky for the arrest and sense of justice and honor. It has given to the jurisprudence of the country surrender of Rudolph Gossman, a convict who was about to be some of the ablest lawyers of the nation; it has honorable repre entation on released from the Frankfort Penitentiary and who was under in­ the Supreme Bench; it is the birthplace of Abraham Lincoln, the embodi­ ment of justice, who dedicated his life to securing the rights of all men under dictment for a crime in Floyd County, in the State of Indiana. the law. It is a State wherein, very generally, justice has been signally ex­ Beckham, in a letter that implied at least an insult to the governor emplified in the practice and purposes of courtst,~nd this honorable record of Indiana, responded to the requisition as follows: only emphasizes m co~icuous comparison the oaious acts which in the trial court of Judge Cantrill have been permitted in the name of law where the Hon. JAMES H. MOUNT, life and liberty of citizens are at stake. Can a fair trial be had for these men Governor of Indiana, Indianapolis, Ind.: under indictment? What was the object in appropriating 100,000 for the A requisition from you for the arrest of one Gossman, wanted in Floyd conviction of the suspected murderers of William Goebel1 Does not the evi­ County, Ind., has been presented to me. I will gladly honor it if you will dence demonstrate that a portion of this sum has been paid for perjury? · first assure me that any requisition issued by me as governor upon you will In the recent trial of Caleb Powers why should judicial proprieties h8. ve been also be honored. This understanding is desn'ed because of certain expres­ outraged by the refusal of Judge Cantrill to give a change of venue from his sions attributed to you in the press. hearing? Why should a jury of twelve partisans of the late Mr. Goebel be J. C. W. BECKHAM, selected to try the cause at bar? GO'Vernor of Kentucky. In striking contrast to the ultra partisanship of the Kentucky judge and jury, I recall an example of the profound sense of justice that characterized Upon receipt of this letter from Governor Beckham, Governor a case~.largely political in its character, that came before the Federal court Mount wrote him declining to enter into any bargain or compact in Inaianapolis shortly after the war, when party spirit was at its zenith. The Democratic treasurer of Jennings County was on trial. General HaiTi­ respecting the question of extradition of criminals between the sou appeared for the prosecution and ex-Governor Hendricks for the defense. two States, but insisted that it was the duty of a governor to de­ The regular panel of jurymen was in the box. Judge Walter Q. Gresham cide the merits of each application when it was presented to him was on the bench. Mr. Hendricks first appealed to the court for a political poll of the jury, and then for a special jury to be composed of an equal num­ for action. Governor Mount's letter I will now read: ber from the Democratic and Republican parties. He made a most earnest Hon. J. C. W. BECKHAM, Frankfort, Ky.: and eloquent plea that justice to his client and the political character of the case demanded that the jury should be evenly divided between the two leading Replying to your telegram of the 3d instant, I can not enter into any com­ political parties, and no advantage ba given over his client by the insidious pactoragreementthatsball become binding. This would bean unwarranted mfiuencesof a preponderating partisan bias in the jury. Judge Gresham, an departure from executive practice and the law. I must reserve the right to ardent Republican, very promptly granted the request and a new jury was determine each requisition on its merits. impaneled as asked for by Mr. Hendricks. Comparethisactof1 justice, based J .AMES H. MOUNT, on the proposition that no political prejudice or advantage should enter into Governor of Indiana. the jury box, with the record of the court and jury in the cases that have so far had a hearing in the trials of the alleged murderers of Mr. Goebel. In the face of this record, Mr. Chairman, what have gentlemen On this subject Thomas J efferson wrote: 'An officer who is intrusted by to say respecting the conduct of the acting governor of the State the law with the sacred duty of naming judges of life and death for hiS of Kentucky in arbitrarily refusing to honor a requisition by the fellow-citizens, and who selects them from among his political and party friends, ought never to have in his power a second abuse of that tremendous governor of the State of Indiana for a fugitive criminal? The ac­ magnitude." tion of Governor Beckham was based entirely, as he says, upon Does not the action of the court of appeals of Kentucky, in its reversal of gossip. He had not as yet called upon Governor Mount to sur­ the initial convictions in Judge Cantrill's court, emphasize the contention of the governor of this Commonwealth that these men sought to be extradited render the alleged fugitive, but before he would surrender a fugi­ can not secure a fair and just hearing? Jud~e Cantrill, candidate for a United tive from justice from the State of Indiana upon the requisition States Senatorship, instructed a jury that 1t might convict on the testimony of the governor of that State, in order that he might be tried un­ of one alleged accomplice if that testimony was con·oborated by that of an­ other alleged accomplice; that it might convict the defendant for the act of der an indictment regularly returned, he insisted upon a bargain another man, to which the defendant had never agreed, and which was not that the governor of Indiana would in the future when called the necessary or probable consequence of anything to which the defendant upon honor requisitions from the governor of Kentucky, which had agreed. It is remarkable that the trial court compelled the defendant to answer the prosecutor's questions in relation to other crimes than the one agreement the governor of Indiana properly and in a dignified for which he was on trial, and then, over protests, permitted the specially way refused to make. Was Governor Beckham justified in re­ employed attorney for the prosecution to make an impassioned plea. to the fusing to respect the request of the State of Indiana for the. sur­ jury to hang the defendant on accusations entirely outside of the record. To such perversion of justice I will not consent to consign any citizen of this render of Gossman? Did he violate the Constitution of the United 'Commonwealth, be his residence temporary or permanent. States and the fundamental ethics between the States in so act­ The monstrous rulings and instructions of the court, with its vicious par­ ing? When Governor Mount subsequently refused to surrender tisanship further repre en ted by a jury unanimously made up of Goebel Democrats, is of itself sufficient cause for a r efusal of your request; but, Governor Taylor to the Kentucky authorities he had before him added to this I have on file letters and protests from many r epresentative this recent precedent of the governor of the State of Kentucky. Democrats of your State yrominent in the organization of the party, and · Governor Durbin simply followed the precedent set by his la­ from editors of Democrabc newspaper , universally condemnin~ the perse­ cution in the Goebel trials as a t ravesty upon justice, and urgwg that no mented and highly respected predecessor, but before final action requisitions be honored for Mr. Taylor and Mr. Finley until reu.son has re­ he took pains to fully inform himself respecting the real situation sumed sway and the good name of Kentucky, in ts procedw·e under the law in its courts, be restored. sunounding the court in which the indictment against Governor I had hoped the trial of Caleb Powers, just concluded, would demon­ Taylor was pending. He ascertained to his own satisfaction that strate that the efforts of the prosecution were really to determine who the such a condition of excitement existed and such an intense polit­ murderers of Mr. Goebel were in a way that would convince the people of ical hatred against Governo_r Taylor pervaded the functionaries the country of a sincere determination to this endi that the jury would be selected for its integrity rather than its partisanship; that the court would in control of the administration of justice there that it would be remember its obligations as a judge rather than its aspirations for a Sena­ impossible for him to have a fair and impartial trial. He spent toi hip; that the rules of evidence having universal r ecognition in all the in States of the Republic would be followed in this latest trial, especially in view much time making the investigation and reached the conclu­ of the reversal of the oom·t of appeals in the former trials. It is a deep dis­ sion I have stated. I will let him st.ate in his own way the grounds appointment that the utter disregard of justice which mar~ed the previous 1904. CONGRESSIONAL RECORD-HOUSE. '1579

trial was as notorious in the second trial of Powers as in the first. Conse­ Mr. CRUMPACKER. We understand that the facts substan­ quently I can only voice my conderona tion thereof by refusing to honor your requisition, which, in effect, would make me a party to the conviction and tially as stated by him are true. punishment of two reputable citizens of Indiana. The gentleman from Kentucky [Mr. SMITH] admits in his re­ When better assm·ances of a fair and impartial trial of 1\Iessrs. Taylor and marks that there was great excitement in the Kentucky elections Finley shall be given by the trial of those now in Kentucky under indictment for participation in the assassination of Mr. Goebel and the record of the over this question. That is the proposition that I have been un­ procedure shall show that an impartial judge sat on the bench and nonparti­ dertaking to demonstrate in the interrupted course of my speech­ san jurors filled the box, your requisitions will be honored. Until the time that the public mind in the State of Kentucky was at such a pitch comes that justice is meted out to those now under the jurisdiction of the courts of Kentucky a requisition leading to such a travesty upon justice as of excitement and that feeling was so intense that it was impos­ the last trial of Caleb Powers presented Will not be honored by the surrender sible for the men who were accused of responsibility for the as­ of citizens of Indiana by any official act of mine. sassination of Goebel to have a fair trial. That Powers did not Governor Durbin has the confidence and respect of all right­ have a fair trial I believe is admitted by every fair-minded man thinking people throughout this great country. He is one of the in the country who understands the situation. most vigilant and active in enforcing law and order and in pro­ Mr. SMITH of Kentucky. I must protest that tl:l;e gentleman tecting rights of all the chief executives throughout the country. from Indiana is misstating my proposition. I did not say that He has often effectively used the power at his command for the there was any " extraordinary excitement." I said the leaders purpose of suppressing mobs and preventing outrageous exhibi­ of the Republican party injected that issue into the campaign. tions of frenzy on the part of lawless gatherings. In one instance Mr. CRUMPACKER. The gentleman said that Caleb Powers's not a great while ago when a judge of one of the courts-of gen­ speech before the jury was the platform upon which the election eral jurisdiction in the State of Indiana ordered a man accused in the State of Kentucky was settled. of crime brought before him for an early hearing, in order to Mr. SMITH of Kentucky. That is substantially what I said, appease a sentiment of vengeance on the part of the people in and I stand by it. 1 that community. the governor forbade his trial at that time upon Mr. CRUMPACKER. On that admission I am willing to base i the ground that the public mind in that locality was excited to my assumption that no trial of those accused of Goebel's murder , r such a pitch of frenzy that the accused could not have a fair and before a packed partisan jury could be fair or honest. I am in­ impartial trial. Did he reflect upon the people of the State of sisting that Governor Durbin under the circumstances was justi· Indiana in that action? He did a brave and noble thing, and the fied in doing what he did. I concede it to have been an extraor­ ( people throughout the country applauded him for it. He is dinary thing, but the circumstances were extraordinary. His against mob law and mob violence in all its forms, and he has no action was necessary to protect a citizen from conviction by the more respect for the convictions of a court that is prompted by frenzy of the people without regard to his guilt or innocence, and the spirit of a mob than he has for the unauthorized action of a it was justified by every dictate of justice and humanity. · I lawless gathering of infuriated citizens. Mr. SMITH of Kentucky. Now, I should like to ask the gen­ J Mr. SMITH of Kentucky. Mr. Chairman, I understand the tleman a question at that point. If justice was so decidedly upon gentleman to say that Governor Durbin was elected upon a plat­ the side of Messrs. Taylor, Powers,Finleyandcompany. howdoes form that made the protection of Taylor and Finley a political the gentleman explain the fact that the southern peopie of Ken­ issue. Am I correct in that? tucky, when the question was submitted to them-how does the Mr. CRUMPACKER. My recollection is that the State plat­ gentleman explain the fact that the people returned such an over­ form approved the conduct of Goverment Mount in refusing the whelming verdict against Mr. Powers? requisition. Mr. CRUMPACKER. Therearemanythingsabout Kentucky Mr. SMITH of Kentucky. That, of course then, did make it an elections I have never been able to explain. They seem to be ut­ issue? terly inexplainable from any fair and rational standpoint. Mr. CRUMPACKER. Oh, no. Mr. KEHOE. Before the gentleman from Indiana closes, will Mr. SMITH of Kentucky. ~o that extent? he yield to me for a question? Mr. CRUMPACKER. Well, it did to that extent. What of it? Mr. CRUMPACKER. I will. Mr. SMITH of Kentucky. I just wanted to know. I was ask- Mr. KEHOE. The gentleman has stated what he thought of ing for information. the action of Judge Cantrill as the judge presiding at the trial Mr. WILLIAMS of Mississippi. This much of it- when Powers was convicted. Does not the gentleman know that Mr. CRUMPACKER. The action of Governor Durbin rests the death sentence imposed upon Caleb Powers was the result of upon the facts; and, in my opinion, when history comes to write a trial presided over by Judge Robbins, one of the cleanest judges up this lamentable affair in truth and soberness, it will find an that ever sat in a court of justice? abundance of facts to justify that extraordinary proceeding under Mr. CRUMPACKER. I do not know the judge personally. I the extraordinary circumstances and conditions that prevailed. only know that at the last trial there was not a political friend of Mr. WILLIAMS of Mississippi. The gentleman has asked, Powers on the jury; there was no real Republican on that jury. "What of it?" If you will permit me, I will tell him. The evidence shows that there was a Goebel Republican, a friend · Mr. CRUMPACKER. I asked the gentleman from Kentucky of Goebel who had his picture hanging in his home-he wa-s the [Mr. SmTH]," What of it?" · only Republican. I do not care who the judge was; the jury that Mr. WILLIAMS of Mississippi. If the gentleman will permit brought in the verdict determined the question of the guilt or in­ me, I will answer his question. nocence of Powers-not the judge. I do not know whether the Mr. CRUMPACKER. It will take the gentleman too long.' I judge had any control over the machinery for the selection of do not care to yield so much time. jurymen; but if he had, and if he was eminently fair as t4e gen­ Mr. SMITH of Kentucky. It will not take the gentleman from tleman claims, he ought to have said, as Judge Gresham once :Mississippi [Mr. Wn,LUMS] any longer than it will me, and if said when presiding at a political trial in Indiana, that in cases the gentleman from Indiana [Mr. CRUMPACKER] will not permit of that kind juries should be made up of men of opposite politics; the gentleman from Mississippi to answer I will answer myself, and for that reason Judge Gresham set aside an entire panel and and say in answer to the gentleman's question, " What of it?" sent the United States marshal into the country to get a new that it was the gentleman's party in Indiana that made this fact panel, composed of men of both parties, in order that the case a political issue and not the Democrats in Kentucky. [Applause might be decided upon its merits and not by part:san prejudice. on the Democratic side.] Such conduct was demanded, not only for appearances. but for Mr. Chairman, if the gentleman from Indiana [Mr. CRUM­ the sake of fairness and decency in the administration of justice. PACKER] will yield I will very gladly answer the que tions of his Mr. TRIMBLE. I should like to say a word to the gentleman colleague [Mr. I!EMENW AY]. But if he is not willing that I should from Indiana. He seems to be bewildered because of the make­ have fair time in which to answer those questions, then I suggest up of juries in Kentucky, and can not understand it. · that he conclude and let his colleague from Indiana and myself Mr. CRUMPACKER. That is a bewildering proposition. fight the question out upon the floor. I am willing to fight this Mr. TRIMBLE. I can explain it to the gentleman. Nineteen question from start to finish. I think I am reasonably familiar out of twenty of the juries are of the same complexion as in these with the case and I am fairly deliberate about these matters. murder trials, becailse three-fourths of the Republican party in Mr. CRUMPACKER. Mr. Chairman, I had about concluded those counties are negroes and three-fourths of the remainder are my remarks, and there will be an abundance of time for gentle­ illiterate whites and incompetent to sit on juries. men on both sides of the House to discuss this question fur­ MI·. CRUMPACKER. Ah, that statement will not do. I have ther. extracts from papers published in Scott and adjoining counties, Mr. SMITH of Kentucky. The gentleman tempts me to say calling attention to the fact that the jury commissioners and the t~t the _assumption ma~e by his collea!Slle [Mr. HEMENWAY] in sheriff in summoning jurors went by household after household be­ his questions to me are Without foundation; and there I rest until cause they were Republicans,and summoned men on the other side. there shall be a fair opportunity for me to be heard. Mr. TRIMBLE. That is not a fact. Mr. CRUMPACKER. My colleague is able to take care of Mr. CRUMPACKER. I have affidavits that were made and himself. submitted at the time of the trial proving that fact; I have ex­ Mr. SMITH of Kentucky. I have no doubt of that. tracts from papers published in that locality calling attention to 1580 CONGRESSIONAL RECORD- HOUSE. FEBRUARY 3, the fact that there were thirteen hundred white Republican voters Ha.d they desired to kill the Democratic members,. as testified to by Culton. Noa.ks, and Golden, there was nothing to prevent tllem doing so. But not in Scott County, or in the county where the. jury were summoned one word was said that contemplated violence of any kind. at the time, and that they were men of average intelligence and At every conference that Caleb Powers attended where violence was sug­ respectability-that they measured up to the common standard gested he put a stop to it. He even went- so far as to sny: "I have more at stake than any of you, and before I will permit any such action to be t-aken in the county. I will give up-my contest; resign my office, and go home." No amount of assertion, no amount of sophistry will convince Yet this IS the manly man that has beeu convicted under the "forms of the American people that it was possible for those accliSed of the h w" as an "acces.'50ry before the fact" to the murder of Wi.l.llil..m Go bel. It­ was just such a trial as this resulting in a m:iscarri..1.ge of justice under the. assassination of Mr. Goebel to be tried fairly when the jm·y com­ '·forms of la.w," that induced an outraged public to bu1·n the court-house at missioners filled the jury box with names so that the jury drawn Cincinnati', and but for his fleetness of foot and successful evasion '1'-. C. for the trial must be composed entirely of Democrats. It is con­ Campbell's ashes mi~ht have mingled with those of the temple ot justice trary t::> human natura to expect- a. fair and impartial reSlllt of that he had disgraceu. Thi~outrageousfarceisthenaturalresultofGoebel:ism. A_partLc:;a.nsheriff such a case before snch a tnlmnal, and the trials of Caleb Powers partisan ju:ryme:n, selectP.d because their minds were a.lreaay made up, ana1 were tra"Vesties upon justice and are not entitled to the respect of ironclad instructions almost demandinO' the sacrifice of rueb Powers. any justi~e-loving dtizen. Caleb Powers was tried before a. ju'age who made stu:np speeches from the ben:cl?-~ a judge who did not speak to two nnd possib ly three o! th attor­ The court of appeals was composed of four Republicans and three neys for me def~ a.nd who vented his spleen on one of fu m by fining him Democrats prior to the last election, and in both appeals from the twice for an alleged contempt of court that was continuously indulged in by the lawyers for the Commonwealth without comment from the court. o. convictions in the Powers cases the judgments were reversed upon judge who, after four arguments had been made for each sid chan d the­ a party division of tbat high court. The men composing that m:;tructions for fear some loophole had be.tm left by which the defcncL..'\ll.t court were, without doubt, men of high character and ability, but nnghtescape. And this is" justice" in the proud old Commonwealth. God save the mark! political prejudice growing out of the Goebel affair so permeated Might makes r1ght and the weakest go to thewa.ll. Let us destroy our court­ the public mind in the State of Kentucky that no one was free houses, throw away our law books, relegate our court officials to the corn­ from its virn . When the supreme court of the State in both in­ field or the penitentiary, and hang our heads in shame before our sister States:' stances decided the case according to th9 party majority of its Partisan venom has done its wor-k well, and unle&; the higher courts re­ members, it is teo much to expect that an ordinary jnry would verse this decision the liberty of this young man, innocent as n. b be un ho1'11, i rise above partisanship and try the cases according to the law and must be sacrificed to the demand of men who are unworthy to loose the latchets ot his shoes. evidence. A free people have stood and will continue to suffer grievous wrongs for The packing of the juries in those cases with political enemies along time in silence, but the turning point will sometime be reached. For of the accused was an outrage against justice that can never be the present, however, an appeal to our com1:s is a. useless waste of lime a.ud a. gang of usurpers and bloodsuckers, respomible to nobody, occnpies the high forgiven. places in our State gov-ernment. I make no criticism of the State of Kentucky or any other State, North or South, in relation to the administration of justice as a [Editorial in Louisville Dispatch.] j general proposition. I have no doubt that the sense of fairness AN INFAMOUS VEBDIOT. and right in the State of Kentucky is as high and pure as it is in The Dispatch will 110t question the integrity of Judge O.:mtrill. We will not say that he is dishonest Ol' that he willfully exerted his influence to secure the State of Indiana, but I am sufficiently well acquainted with a conviction, regardless of evidence. lle must conclude mat he t".s terely a human nature and with the operations of political prejudices in man of nar-row -r;iews and bitter parti an prejudzce. We must conclude that he is so narrow-minded as to be intellectually incapable of understanding the times of intense excitement to know that a jury made up excln­ grave responsibility of hi's position, and so blinded by prejudice that he was si vely of one party or the other could not po ... sibly do justice be­ unable to see but one side of the ease. We must conclude that he went upon tween the State and the accused, even if it were disposed to try the bench thoroughly convinced that Powers is guilty and equally convinced to do so. If the jnry had been composed entirely of Republicans, that it was his solemn duty to the State to exert all of the power of his posi­ tion, n'~ardless of precedent and rules of evidence, to secure a conviction. who is there that will say that there would have been a convic­ Othermse we would feel it to be our duty to denounce his conduct as in­ tion, regardless of what the evidence might have proven? Human famous. As the Dispatch can not question the integrity of the court we must a.lc;o nature in Kentucky, I assume. is about the same as it is in Indi­ concede the intelligence and honesty of at least a majority of the jurorfl. To ana. To try a person for his-life and send him to the gallows by suspicious minds it m~ty appear somewhat singular thn.t a jury in a. case in courts and juries organized and surrounded as the courts and which six weeks had been consumed in hearing evidence and argument, and in which there was much conflicting testimony, could have reached a. verdict juries were that tried Caleb Powers the last time is prac:tically in twenty minutes. It may seem strange to some, too, th8t a jury to whom judicial a£sassination. Is the governor of a State bound to sur­ the evidence of guilt a;ppeared so overwhelming should have fixed the pun­ render an alleged fugitive to be tried under such conditions ishment at life imprisonment inst-ead of death. We will not point out that Powers,_if guilty, is guilty of one of the foulest crimes in all the history of knowing at the same time that he will have no chance whatever for civilized. nations and if deserving of punishment at all should recei e the ex­ a fair trial? Would his conscience be easy at any time afterwards? treme pena.lty of the Iaw. We merely attribute this pecnliar featuro of the I regret greatly the necessity for saying these things about the verdict to the unaccountable idiosyncrasies of the hum::m intellect. Sur­ rounded by peo~le demanding a. conviction, and confronted with language administration of justice in the State of Kentucky under the ex­ and rulings and instructions f:rom the bench showing so plainly the desire traOI·dinary conditions that SUiround the Goebel trials. The de­ and purpose of the presiding judge, a refusal to convict would 1m e been con­ bate was not of my seeking. It was precipitated upon the House tempt of court. In the presence of this verdict the solicitude of good citizens is for the by the impassioned and vitriolic denunciation of the honored and Commonwealth of Kentucky rnther than for the one man condemned. Free respected governor of the State of Indiana by the gentleman from institut:ons are on trial. In no other American State has popul r go•ern• Kentucky [Mr. JAMES} . I will not remain in my seat and permit ment met the fierce assaults it has encountered in Kentucky within the-last eighteen months. the name and standing of my State and her distinguished gov­ Nowhere ebe in this broad land do the storms of passion :md prejudice ernor to be unjustly attacked and vilified without offering a rage so furiously. This verdict shows to wha.t extreme men of intelligence word in resentment. I sincerely hope that in the future elections and fairness and integrity can be driven in the rancor and excitement of po-­ "\\ names into the wheel, P Alt No. 1 introduced Thomas Corruption-fund Campbell and his satellites, and, as e>ery name has since been drawn out for jury service. it is easy to Dee Almstrong, George Russell, and Thomas B. Cromwell, in their well­ figure out the political complexion of the original wheel from the records of known specialty of disCovering a man with a motive for bringing about the the court. death of Senator Goebel and perjured testimony to give colo~ to the charge. Of the axJ names put into the wheel, out of which it was known Caleb The second a.ct was an alleged examining trial presided over by that able Powers's jury must be drawn in the e•en~ of a second trial, all but 5 turned jurist, "Old Dan Moore." . . . out to have been those of partisan Goebel Democrats_ Of the 5 "black sheep" The third, and, at pr nt, the last act m a prean·anged conVIction under whose names got int-o the box, 4 were Republicnns and 1 ananti-GoebelD m ­ the forms of law concluded Saturday afternoon, when twelve men brought ocrn t. The names have all been drawn out in securing the Power and other in a verdict o-f guilty and fixed the punishment of Caleb Powers at confine­ juries dtn'ing the year, and are matter of record in Judge Ca.ntrill' court. ment in the penitentiary for life. Scott Countypollsabout2.!!00Goebelite votes and ~OOJ Republican and anti­ Judge Cantrill said at Frankfort., when an application for a change ofvenue Goebel Democratic votes. Leaving out of consideration, say, :roo independent was made, that under the conditions then surrounding that city he would Democrats and 700 negroes, there are easily 1,100white Republicans and2,200 not try a sheep-lrilling do,. there. Franklin County has reason to congratu­ Goebel Democrats in the countv. On this basis a jury wheel of ~ n:1mes late itself that the infamous trial was transferred to Scott County and that ought to contain the names of about 100 Re;J?ublica.ns. the latter bailiwick furnished the twelve men who were willing to bring in And now for the significance of the political preponderance of this cott such a shocking verdict. County jury wheel. " There was not one iota of testimony perjured or O-therwise, that connected IncriminalcasesinKentuckytheprosecutionise-ntitled tofiveperemptory Caleb Powers with the assassination or1 Senator GoebeL He admitted bring­ challenges without explana.tion or cause. Therefore. if by some unaccount­ ing the mountain men to Fra.nkfort, and proved conclusively that they were able and almost impossible freak of chance every anti-Goebel name in the not there for murder, but for the purpose of showin<>' the inter t that was jm·y wheel had b~en drawn out during the impaneling of tho PowerR jury, felt all over tho.t part of the State in the contest. then 'being he-ard by the leg­ and not one of them had been excused fol' disqualifying ca. , it would ha.ve islative contest committees. They came for the lawful purpose of petition­ been in the power of the prosecution to peremptorily challenge ev ry one of ing the legislature to stop the contests and permit those who had been legally the five and still insure a solidly Democratic jury. elected to fill out their terms as State officials. The-y did petition the legis­ In taking the names from the wheel for jury service the lone anti-Goobel lature, and when their prayer was refused they qwetly went bad: home. Democrat was drawn for the February term of court; one of the Republicans 1904. CONGRESSIONAL RECORD- HOUSE. 1581

was drawn for the May term, and the remaining three Republican names The other affidavit was that of Caleb Powers, the defendant, which follows: came out during the October term in drawing the Powers jury. Two of .- POWERS'S AFFIDAVIT. these were excused for cause, the third was peremptorily clk1.llenged by the prosecution, and Caleb Powers was left to the mercy of twelve partisan "The defendant., Caleb Powers, now comes and ent.ers this challenge to Goebel Democrats. the panel of jurors and each jm·or tendered him, and moves that said panel This is a mathematical demonstration of partisanship nnder "forms of and each jm·or thereof and the special venire summoned from Bourbon law" that illustra.tes the methods by which Caleb Powers was a second time County be discharged upon the following gronnds, to wit: ·convicted by a" jury of his peers." "That the officers of this com·t directed to summon the special venire from Bom·bon County, by order of this court, entered in this cause, August 5, 1003, and who were sent by the sheriff of this county to perform said service [From the Louisville Evening Post. By C. N. Buck.] did not impartially perform their duties, and did not and have not fairly and impartially selected said jurors, but, upon the contrary, did illegally and in . GEORGETOWN, Ky., August 7. violation of the statutes and constitution of this Commonwealth, and in vio­ Two affidavits were filed yesterday by the defense in the trial of Caleb lation of the ri~hts secured to this defendant as a citizen of Kentucky and as a Powers for alleged complicity in the murder of William Goebel, in support citizen of the united States, under and by virtue of the Constitution of the of their motion for the diScharge of the venire summoned by the Scott County United States, and particularly in viola.tion of the rights secured to him by deputies on the ground that the venire was overwhelmingly Democratic, the fourteenth amendment of the Constitution of the United States, select only two out of ninety-fh·e men being Republicans. and summon all jurors, and the said officers did consciously and purposely 'l'he first affidavit was that of Thomas C. Whaley, of Bourbon Connty, and select jurors of a different affiliation from the political affiliation of the de­ is as follows: fendant, and this they did with the purpose of discriminating against the "The affiant, Thomas C. Whaley, states that he is a citizen and resident of rights of the defendant, and with the intention to deprive the defendant, Bom·bon County, Ky., and has resided therein all his life, and is intimately who is a citizen of Kentuck--y and of the United State!!, of the right to a fair ac9-.uainted with the citizens of said county. and impartial trial by a jury impartially selected, as required oy the laws Restates that he has examined the list of the special venire summoned and constitution of Kentucky and the Constitution of the United States and by Will Rogers, deputy sheriff of Scott County, Ky.1 and that there are the amendments thereto. runety-fil'e names among the special venire, and are as rollows: "The defendant further moves the court, for the reasons and upon the "J. S. Munson, George W. Allison, Goorge Thompson, Ed Turner, Charles grounds hereinbefore stated and set forth, to require the sheriff to designate Penn, J. M. Craig, S.D. Thompson, John W. Thompson, B. F. Hazelwood, other officers than those by him directed to summon the special venire afore­ John Ba. Frank Hazelwood, C. N. Hostetter,John F. Clark, W. F. Heathman, said, to summon petit jurors for the trial of this cause, and that such persons G. Fry, J. F. McDonald, Leslie Hagan, F. P. White, W. E. Stillwell'I..-.William so designated for such service receive u.ll proper admonition and instruction Doty, George Wyatt, Clark Bennett, Newton Current, Dennis 11.andley, from this court in respect to th~ performance of theil· duties. And if the Junius Bolson, Walter Clark, Jesse Berry, John Cain, J. Walker Muir.).. B. B. com·t is unable to grant this motion as indicated, the defendant, for the rea­ Wood, L. J. Mitc-hell, Tom Redmon. R. E. Letton, H. Miller, M. J. \:tlenn, sons and grounds stated, moves the court to designate some other officer or A. B. Denees, H. D. Campbell, R. L. Collins, Clay Estis, William Neal, Albert person other than the sheriff to summon jmors in this cause, ' ::Mitchell, Frank Clay, L. T. Beal, S. J. Kennedy, Charles Barnett, Malcum "The defendant tenders herewith his affidavit." / Boswell, Charles Stevens, A. T. Wright, Varden Stipp, James Earlywine, G. W. Redmond, Robert Stipp, L. D. Harris, Cass Goff, Ed Burk, John Endi­ Mr. DINSMORE. Mr. Chairman, I yield to the gentleman from 1 cott, Andie R:iifett, J. C. Morris, Alfred Bitterton, A. P. Adah', George Estes, Scott Williams, Jeff Kiser, Joel Howard, John Wilson. Charles Wilson, Tom :Mississippi ten minutes, or such time as he desires. . I Estes\ H. C. Roberts, George Tate, Jack Higgins. John Daughty, George Ped­ Mr. WIL.LIAMS of Mississippi. Mr. Chairman, the closing dicoro, Tom Paggett, Nath. Goodman, Newell Snapp, Geor~e Faulconer, Frank Shanks, John Conway, S. P. Oliver, Ora Jones, Jim Fisher, Thomas sentence of the speech just made by the gentleman from Indiana Current, Mote Rankins, Jack Cunningham, Woodson Browig, Berry Bedford, [Mr. CRUliPACKER] was a reiteration of the charge that the juries R. 0. TurnerJohn Johnson, F. B. Thomas, D. T. Wilson, Steel Mars, E. T. in these cases were " packed " by the conduct of the officers in Keller, J. H. Haggard, Lloyd Ashurst, W. A. Hill, jr. lr selecting those juries. Now, Mr. Chairman, it is very easy to "And out of the entire list of names summoned as above set out there ap­ > pears only the names of two Republicans.. The remaining ninety-three venire make loose assertions. This was a law case. There were astute ( men are all Democrats. and shrewd lawyers .on both sides. That very point was made. "Affiant further says that the aforesaid deputy sheriffs, Will Rogers and That very point was reviewable by the court of appeals, consisting z. D. Lusby, were acco!Dpanied when they summoned said sp~c~nl venire by of a majority of Republicans, and they, upon the evidence and Jim Burk, deputy sheriff of Bourbon Connty1 Ky., and Joe Williams, consta­ ble of Born-bon County, Ky.; that said Burk IS an ardent Democrat and sup­ not upon newspaper reports nor upon·· well-confirmed opinion," porter of the late Willlil.m Goebel, as is Joe Williams. as the gentleman states his position now be, decided that that "The affiant further says that, in summoning the said special venire, that to in the city of Paris and on the Millersburg pike said Lusby and Rogers, or charge did not hold water. · one of them. accompanied by said Burk and Williams, or one of them, passed Now, :1\fr. Chairman, politics is one thing, Americanism is and failed to summon James Powers; then summoned John Cain; and then purposely failed to summon Dan Isgrigg, George Leeds, Porter Jett, Thomas another thing, and there ought to be a calm and cool consider- Whaley, all of whom were Republicans, and Dr. T. J. McMillan, independent ation of a grave question like this. . Democrat, who were qualified for jury service; summoned Walter Clark, Ed Winding its way through the country to the Mississippi River Burk, Dennie Handley, Caswell Goff, Democrats, and adherents and admirers of the late William Goebel. He says that the above-named Republicans that runs the narrow thread of the Beautiful River, as the Indians were passed by by said sheriff were all competent and qualified jurors, and called it. On one side are the people of Indiana, on the other side that they lived in said city and on the turnpike roadside where the aforesaid are the people of Kentucky; of the same parentage, the same lan­ Democrats r·esided. "He says that on the Maysville and Lexington and Clintonville pikes that guage, reading the same literature, subject to the same law, with &'l.id Rogers and Lusby, or one of them, accompanied by said Burk and Wil­ the same American traditions, with the same American ideals. liams, or one of them, passed Henry Power, independent Democrat, and And yet to-day every sentence in the gentleman's speech is a quiet George Pepper, W. P. Fox, C. T. Throckmorton, George Taylor, George Jones, H. C. Weathers, Letcher Weathers, Republicans, and summoned Ben assumption that upon the left side of that river the men who con­ Woods, W. F. Heathman, J. F . McDonald, Leslie Haggin, George W. Allison, stitute juries, who, blood of the blood. and bone of the bone, are iden­ J. W. Muir, J. M. Craig, and Ed Turner, all of whom are Democrats and ad­ tical with the men upon the right side of that river, and the men herents and admirers of the late William GoebeL He says that each of the who compose the courts on the left bank of that river are necessarily above-mentioned Republicans are competent and qualified jurors, and that they reside along that portion of the said Maysville and Lexington and Clin­ corrupt, and rotten, and perjured-having taken oath to do their tonville tm-npikes on which the aforesaid Democrats reside tliat were sum­ duty- and that upon the other side of the river there exists but moned. one man who beforehand, when not one word of evidence had "He states that on the Jackstown pike that !!aid Rogers and Lusby, or one of them. accompanied by said Burk and Williams, or one of them, passed and been heard, was competent, simply because he was an Inc:l1.1JliaJ?, purposely failed to summon A. J. Gorey, Lee Devers, and Joe Booth, Re­ and a Republi g n, to decide that this state vf corruption did, or publicans, and summoned only George Redmond, Bedford Devers, Albert rather would, exist. [Applause on the Democratic side.] Mitchell, William NeiL and Robert Collins, Democrats, and adherents and admirers of the late William Goebel. He states that each of the aforesaid Mr. Chairman, in some respects-and I say it in alllriD.dness­ Republicans passed on said Jackstown pike are competent and qualified the speech made by the gentleman from Indiana [Mr. CRIDI­ jurors; that they reside on that portion of ::aid road where said Democrats PACKER] is a disgrace to American civilization and to American reside. "He says that on the North Middletown and Flat Rock turnpikes that said politics. [Applause on the Democratic side.] There has been Rogers and Lusby, or one of them, accompanied by said Burk and Williams, too much of this quiet oozing out of this arrogant assumption of or one of them, passed W. C. Massie, C. J. Daniel, and- Burns, all of whom superiority upon one side of that river and inferiority upon the are Republicans and competent and qualified jurors, and summoned G. W. Wyatt, John J. Redmond, R. E. Lettnn, and M. J. Glenn, Democrats, and ad­ other. [Applause on the Democratic side.] Upon the forum, herents and partimns of the late William Goebel. He says that the afore­ upon the battlefield, upon the bench, in literature, and every­ mentioned Republicans reside on that part of North Middletown and Flat where they have been your equals, if not your superiors. [Ap­ Rock turnpikes that the aforementioned Democrats reside on. "He states that in the town of Ruddles Mills, and on the Millersburg and plause on tpe Democratic side.] Ruddles Mill pike, that said Rogers and Lusby, or one of them, ae.companied Gentlemen, one Edmund Burke, long years ago said that he did by said Bm·k and Williams, or one of them, I>_assedJohn Hamilton, Independ­ not know how to draw an indictment again t a whole people; ent Democrat; William Cherry and C. L. Hough, Republicans, all of whom are competE>nt and qualified jurors and summoned Thomas Current, James but the gentleman from Indiana can teach the great English Fisher, Mort. Rankins, Tom Paggett, George Falconer, S. R. Oliver, John W. statesman how to draw it, and how to draw it by innuendo and Conway, and Nathan Goodman, Democrats, and adherents and parti...::ans of from newspaper reports. the late William Goebel. He says that the aforesaid ReP.ublicans reside in the said town of Ruddles Mills and on that portion of Millersburg and Rud­ Mr. Chail:man, suppose that that courteous gentleman, Wil­ dles Mill turnpike roadside where the aforesaid Democrats that were sum­ liam McKinley, had been assassinated in a State where, by the moned reside. chances of politics, there had come t~ be a m. jority of socialists, ''He says that said Rogers and Lusby, or one of them, accompanied by said Burk and Williams, or one of them, in the vicinity of ClayM Crossroads and the with a socialist governor and suppose that that socialist govem.or territory included by the Clay and Kiser pi.kes and the Georgetown and had declined to surrender his m1.1Iderer u-pon a requisition on the Cynthiana pikes, they pas.«ed and purposely failed tosummonsJ. M. Hughes, ground that be would be surrendered to the tender mercies of the J. Miller Ward, Catsby Woodford, John B. Kennedy, Frank P. Clay, sr., Frank P. Clay, jr.,O. P. Clay, Quincy Ward, Col. E. F. Clay, E. F. Clay, jr., anti-anarchists? Joseph H. Ewalt, Independent Democrats, and Heury Clay, Lan Hume, This thing ~an not stop here. I believe it is the duty of every Monn Uoore, Spea.ra Moore, Republicans, and summoned A. P. Adair. Al­ fred Batterton, and John C. Morris, Democrats, and adherents and partisans governor of el'ery Stat3 in this Union t:. refuse, from this time on of the late William Goebel." until the error is con-ected or apologized for, a requisition from 1582 CONGRESSIONAL RECORD- HOUSE. FEBRUARY 3,

the governor of the State of Indiana. [A.ppl~use on the Demo­ political question. The Republican governor of the adjoining cratic side.] State pretends to feel justified in refusing to obey the spirit of When William .McKinley was struck down there was not a the con titutional mandate which gives "full credence" to the Democratic mother in a household in this broad land that did not courts and procedure of the adjoining State on such a pretext. feel weighed down by sorrow. There was not a Democrat any­ My God, Mr. Chairman, if we have got to a point where men where that did not feel it. In my own little town we held our must be a sumed to be corrupt, capable of bribery, capable of­ meeting, and when I spoke to my people about it tears were in subornation, capable of assas ination through the process of the the eyes of a great many of them. The gentleman has gone a courts, because they are Democrats, or because they are Republic­ little bit further. He has at least admitted Goebel's foul as.. a i­ ans, or because they are Populists, or because they are Kentuck­ nation, his political assassination-and! honor his integrity when ians-and the gentleman has given no other reason-then it would he declines to answer in the negative my question when I asked be infinitely better for us to di solve this Republic of coequnl sister him if he did not know it was a political assassination. States, founded upon mutual respect and mutual credence, a.n.d to He now admits that Goebel is dead and buried and that he has elect or in somehow or other to manage to give the power to some been assassinated. and further that he was assassinated for polit­ great and good man who could manage the country in a fatherly ical purposes. The o-entleman neglects to admit that the shot way. [Applause.] that killed him was fired with smokeless powder from the window Mr. CRUMPACKER. Will the gentleman allow me to ask of the office of the secreta1-y of state. The gentleman neglected to him a question? How does the gentleman explain thl3 fact that mention that immediately upon the perpetration of the crime the in the three trials of Caleb Powers the juries were made up in Republican governor of the State of Kentucky, who is now a fugi­ every instance almost unanimously of ardent political friends of tive from justice in Indiana, ordered the military to keep the civil the late Goebel-Goebel Democrats? officers from searching the premises in order to find the criminal. Mr. WILLIAMS of Mississippi. I explain it by simply saying [Applau eon the Democratic side.] Thegentleman has failed to the gentleman is misinformed as to the facts. [Applause on the mention the fact that the man who was a umed to be guilty by Democratic side.] In the very first trial of that ease-l do not the evidence of his colleagues, the man that probably perpetrated know about these matters in detail- but in the very first trial of the offense, or who was supposed to have employed him who did that case there were six Goebel Democt·ats, four anti-Goebel it was granted a pardon eithe1· the day before or immediately Democrats, and two Republicans, one of whom the gentleman I after the murder. but that he was granted a pardon either before from Indiana says was a Goebel "Republican, about which I know l the murder was committed or else immediately after and before he nothing. was suspected or public opinion had pointed its finger at any man. Mr. CRUMPACKER . Let me a k the gentleman another ques­ Mr. BOWIE. Was he not caught with a pardon in his pocket tion. If I am correct. then in my facts, the gentleman will admit t when he was running away? that the indictment that I have made against the Stat3 of Ken­ :ur. WILLIAMS of Mississippi. The man was arrested with tucky in this particular instance and for this particular occasion the pardon in his pocket, issued before it was known that be wa is well founded? sus-pected; if not before the fatal shot was fired, certainly before Mr. WILLIAMS of Mississippi. I will not. 1 he had been accused. Mr. CRUMPACKER. Aht < A 1\fEMBER. And had $1.300 in his pocket also. Mr. WILLIAMS of Missis ippi. And I will not admit it for a Mr. WILLIAMS of Mi sissippi. The gentleman forgets that reason that is patent and obvious to all men. Whoever asked this man, whoisnowafugitivefromjusticefromKentucky, who e the politics of the men who sat upon the jury which tried the people are as honest and brave as are the people of Indiana-that a sas in of William McKinley? I do not know yet whether they this man who is now a fugitive from justice fled before there was were all Republicans or all Democrats. It was not a case of poli­ any trial or indictment, and that the governor of Indiana must tics, it was a case of murder; and if the gentleman came into the have assumed that there was not going to be a fair trial. The State of Mississippi, let us say, where men are not allowed to assumption runs through the gentleman s speech that, in the trial serve upon a jury unless they can read and write and calculate of a man who happens to assassinate a Democratic governor in simple addition and multiplication and interest-those are the the State of Kentucky it is neces arily a political question which 1·equisites upon which we impanel jurors there-he will find juries is being tried and not a plain murder case. When the gentleman every day trying the case of a Republican suitor upon which there was asked the question he admitted that in the nomination of the would not be a single Republican. It is not a political question, last governor of Indiana a plank was put in applauding and ap­ and the gentleman s question assumes that each of the twelve proving the conduct of Governor Mount in refusing to honor a men who are summoned and sworn upon the jury to try a case of requisition from a State of this Union, notwithstanding the posi­ murder, according to the law and the evidence, are corrupt and are tive constitutional provision which says that "full credence" going to try it not upon the law and the evidence, but upon the shall be given to the courts and procedures of other States. The politics of theca e. The assumption is not only not well taken, gentleman admitted that in answer to a question, said that was but it is unjust to any part of the American people, whether in true, and added, "What of it?" I will tell him "what of it." Kentucky or Indiana, and I for one am not prepared to believe This of it: It means that the Republican party in Indiana has that such a state of absolute degeneracy like that exists anywhere. sunk to a level of parti an rancor so low that they confess that Mr. BOWIE. May I a k the gentleman a question? Is it not the refusal to honor a requisition for a murderer-aye, a murderer, true that the offense for which .Mr. Goebel was assassinated was be­ a foul assassin-of a Democratic governor of Kentucky is a po­ cause he exercised the constitutional right of contest in the man­ litical question in Indiana. [Applause on the Democratic side.] ner provided by the Constitution, a right which has been exercised The gentleman says that 30,000 people in Indiana approved that, without question in the House of Representatives hundreds of and yet there is no man here who does not know that they voted times since this Government was founded? the Republican ticket for other rea ons and not for that reason. 1\Ir. WILLIAMS of Mississippi. Not only that-not only was But in the adjoining Commonwealth, with as brave men and with it the crime of taking a contested-election case to a tribunal pro­ as sweet home-keeping women as the world ever knew! the people vided by the laws of Kentucky for it, but it is furthermore true decided that question as a direct issue, and decided by an equally that in a majority of the States of this Union, in a great many of large majority that, in their opinion, it was assassination, a po­ them at any rate, thatve1-ysa.me tribunal-to wit, the legislature litical assas ination, and yet more, that the political assas in, of the State- is provided for exactly that same sort of contested­ convicted, ought not to be pardoned, and that his colleagues in election case. The gentleman might just as well say that becau e crime ought to be returned to the State of Kentucky. the gentleman from Missouri, or some other gentleman upon the The CHAIRMAN. The time of the gentleman has expired. Democratic side, was turned out of the House of Representatives Mr. WILLIAMS of Mississippi. Just a word or two more. by a committee a majority of whom were Republicans, and in Mr. DINSMORE. I yield to the gentleman such time as he his opinion was unjustly turned out, and becau e he wa swollen de ires. with rw·entment by means of it had assassinated the chairman of Mr. WILLIAMS of Mississippi. Just a word. I want to say the Committee on Contested Elections or the contestant, that this in closing, Mr. Chairman. I am on political issues a parti­ that ought to be pleaded in extenuation of murder. san, but I am not rancorously or otherwise a partisan personally. Mr. POU. Mr. Chairman, may I ask the gentleman a question? I am not now and never have been. My personal feelings do not Mr. WILLIAMS of Mississippi. Certainly. enter into my politics and my politics do not enter into my per­ Mr. POU. I would like to inquire of the gentleman, inasmuch sonal relations. I say that we have come to a strange state of as platforms are made generally to get votes, if he knows of any things in these United States of America when to protect a foul other State in the Union where either political party has sunk so assassin who stands charged to answer for that crime the gov­ low as to put a plank in its platform for the purpose of getting ernor of a State has failed to do his duty in honoring the requisi­ votes which assumes that jurors and judges of the highe t courts tion of a sister State, and even defends him by making a an argu­ in a si ter State have committed pe1·jury in advance of the trial in ment the reply that there was "bad politics ' in the adjoining the court? State, and when indictments grow out of it justify the failure to .Mr. WILLIAMS of Missjssippi. The answer to that question surrender the alleged criminal on the ground that murder is a is so obvious that it needs no answer. Of course I do uot. 1904. CONGRESSIONAL RECORD- HOUSE. 1583

Mr. CRUMPACKER. Did not the gentleman say that it was­ either in their constitutions or statutes. There may be some no, it was the gentleman who preceded him-that in the State of States that do not recognize the right of contest, but Kentuckians Kentucky that was the issue? are too just, honorable, and intelligent to tolerate a system under Mr. WILLIAMS of Mississippi. That was not the issue. which fraud and corruption could not be eliminated in the ascer­ MT. SMITH of Kentucky. The gentleman referred to some­ tainment of even the commonest right of one of her citizens. thing that I said. Therefore, any man who was a candidate for governor or lieu­ Mr. WILLIAMS of Mississippi. The gentleman did not say so. tenant-governor may go before the general assembly and contest The gentleman did not understand the question. The question the right of him to whom the certificate of election has been of the gentleman from North Carolina was this: Whether I knew awarded. I don't know whether our sister State of Indiana has of any State that had made a political question out of the refusal any provision for contest or not. I apprehend from the statement .beforehand of the governor to give credence to a court in a sister of the gentleman from Indiana [1'\fr. CRUMPACKER] that he does State, on the assumption on the part of that governor that the not believe that a man ought to have the right to contest the population of the sister State was degraded, and that its jurors election of another to an office. and judges, therefore-for it could only be therefore-were cor­ If that is his view, all well and good. I do not participate in rupt; and to that I answered, ''No.'' In Kentucky your own party any such opinion myself. I believe that when a man is wronged attempted to make an issue of the prosecution of the mm·derers, in a political race there ought to be a tribunal before whom he and the Democracy met the is ue because your people made it can seek redress. Now, then, coming to the prosecution of Powers first in the very State where it occurred. You went down before and others, I want to- say that in my humble judgment the men it like grain before the sickle, and they are going down forever who have been charged with and tried for the assassination of regardless of the political questions in Kentucky a <:~ long as they William Goebel have had as fair and impartial trials as any men dare flaunt their banner of assassination and murder as a political or set of men ever charged with crime in any State in the Union. issue. [Applause on the Democratic side.] Powers was indicted in Franklin County and took a change of Mr. SMITH of Kentucky. Mr. Chairman, the gentleman from venue to Scott County. The first and second juries were selected Indiana [Mr. HEMENWAY] propounded some questions to me a from the latter, and the third from Bourbon County. The first­ short time ago which I did not at that time have an opportunity trial jury was made up of four anti-Goebel Democrats, two straight to answer, but I will now undertake to answer in as plain, frank, Republicans, and six straight Democrats, and returned a verdict and candid a manner as I am able. I am reasonably familiar, of guilty within an hour's time, or thereabouts. On the third jury I think, Mr. Chairman, with the entire Goebel matter, if it may there was one straight Republican, and no verdict can be returned be designated as such. I have never been inclined to trespass in such cases except by unanimous agreement, so that one juror upon the time of this House for the pm-pose of settling that ques­ can prevent the conviction of an innocent man as easily as eleven. tion here, because I have thought that the people of Kentucky­ The CHAIRMAN. The time of the gentleman has expired. Democrats, Republicans, Populists, and Prohibitionists-are Mr. SMITH of Kentucky. Will the gentleman from Arkansas fully competent to settle all phases of the matter in the proper [Mr. D:rnsMORE] extend my time? forums of that great Commonwealth. 1'\.fr. DINSMORE. Yes, sir. But. Mr. Chairman, since the matter is before the House, I de­ Mr. SMITH of Kentucky. I desire to say to this House and to sire to say, in response to the questions of the gentleman from the country that on the second jury that tried him Caleb Powers Indiana [Mr. HEMENWAY], that in the campaign of 1899 theRe­ had an old schoolmate and boyhood friend; and you, gentlemen, publican party wa~ represented at every precinct in that State, so understand better than I can describe the strong attachment that far as I know, by two members on the precinct election board. binds one schoolmate to another. .AIJ.y man who declares that That was the law then and had been fm· very many years before the magnanimous, the generous-hearted Kentuckian could be in­ that in Kentucky. The precinct officers conducted the election, duced by political prejudice to inflict the verdict of death or life counted the votes at the close of the polls, and certified the same imprisonment upon one whom he had loved and cherished as his to the county board, which in turn ascer..,ained the result in the schoolmate in past years does not understand Kentucky char­ entire county by adding the votes as certified by the precinct acter , does not understand Kentucky manhood,·and does not ap­ boards. The county board certified the result in the county to the preciate the strength, the force, the breadth, and depth of Ken­ State board. tucky friendship. Mr. BURKE. Mr. Chairman, did I understand the gentleman I believe, sir, that that schoolmate of Caleb Powers, Democratic from Kentucky to say that there were Prohibitionists in Kentucky? in politics as he was, would sooner have suffered his good right Mr. SMITH of Kentucky. Oh, yes, a good many of them. If arm to be stricken from his body than to have rendered aver­ it will be any satisfaction to the gentleman, I will say to him that dict against that man had not the evidence shown his guilt beyond nearly two-thirds of the territory of Kentucky is under prohibi­ doubt. tion. We make liquor down there not so much for ourselves as for But now, Mr. Chairman, I desire to answer further a point the people of other States, such as Maine and Kansas. [Laughter.] suggested by the gentleman from Indiana and which I was about Now, Mr. Chairman, I take up the next question suggested by to overlook. He referred to the fact that there had been a great the gentleman, which wa.s that the State canvassing board had reward fund offered by the Commonwealth of Kentucky for the issued a certificate of election to Governor Taylor and his col­ arrest and conviction of the a sassin of William Goebel. I desire leagues on the Republican ticket. to say to him, in answer to that, that out of the hundred thousand It is true that we have a canvassing board, made up of three dollars reward offered less than $8,000 has ever been used in the members, whose duties are merely mechanical-that is, to add up prvsecution of the ~ e cases, and a considerable part of that-as I the returns from the various counties, ascertain who upon the understand, though I do not personally a sert it to be a fact-has face of the returns have received a majority of the votes cast, and been used in procuring and bringing to court the witnesses for issue certificates of election to them. That is what happened in these defendants themselves. this case. On the State election board of Kentucky, in 1899, there The gentleman asked me something about Mr. Campbell, inti­ were W. S. Pryor, ex-chief justice of the State: W . T. Ellis, for mating that I was associated with Mr. Campbell-- three terms a Member of this House. and C. B. Poyntz. of the Mr. HEl\iENWAY. I did not mean to refer to the gentleman city of Maysville. These gentlemen stand as high and posse s as personally, but only to his party. excellent moral characters as any men in Kentucky or elsewhere. Mr. SMITH of Kentucky. I understand the gentleman meant Mr. HEJ'\IENW A Y. I agree with the gentleman that they nothing personal. To speak plainly and candidly, I am informed were conscientious. straight, honorable men, and issued the right that Mr. Campbell was employed by the brothers of the deceased kind of a certificate. William Goebel and looked to them wholly and entirely for his Mr. SMITH of Kentucky. Let me answer further that this compensation in the case. board was asked to question the validity of a large number of J'\.fr. JAMES. Allow me to ask the gentleman whether it is not ballots in certain counties when the matter came before them, true that Mr. Campbell, the gentleman who was employed by the but upon a full consideration they determined that their func­ Goebel brothers to prosecute these murderers, was a Republican tions were solely t o cast up the votes that had been certified to and was an elector at large for the State of Ohio on the electoral them by various county b ~ ards and issue certificates to those ticket eight years ago? prima facie entitled thereto. Mr. SMITH of Kentucky. That is my information, that he So I apprehend, Mr. Chairman, it is in every State in this was in politics a Republican, and that he was an elector at large Union. that there is what we call a canvassing board to ascel'tain for that State at the time mentioned by my colleague. who upon the face of the returns is entitled to a certificate, and Mr. BOWIE. Allow me to ask whether there was a single an­ that there is also a board for contest purposes, if a contest is de­ archist on the jury that tried Czolgosz for the murder of Presi­ sired by any party to the election. dent McKinley? Now, in Kentucky we have had from time immemorial a pro­ ::l'tfr. SMITH of Kentucky. I do not suppose there was; at least - vision in our State constitution requiring the contest for governor I hope there was not. and lieutenant-governor to be tried by the State legislature. I Now, Mr. Chairman, in these matters I am one of those who do know that nearly all States in the Union have similar provisions, not desire to see any innocent man suffer. If I know myself 1584 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 3, ; aright, I would be as far from convicting William S. Taylor or Mr. CRUMPACKER. If you had a safe case, why would it Charles Finley or Caleb Powers. if I did not believe them to be not have been wise to do that? guilty as any man within the Union. 1\fr. SMITH of Kentucky. The gentleman, not content with Mr. JAMES. Will my friend tell the House whether or not Republican evidence, wants Republican juries. there was a single witness of Democratic faith and belief who Mr. HEMENWAY. Put half and half, say. testified to a single material fact against Caleb Powers-whether Mr. SMITH of Kentucky. I want to say to gentlemen on the it is not true that every material fact that was proved against other side of the Chamber that I would not absolutely have been Caleb Powers was proved by Republicans and those who voted afraid to have rested this case on trial with twelve good Repub· for WilliamS. Taylor for governor? licans from any State in this Union. I say to you, gentlemen, I Mr. SMITH of Kentucky. I was coming to that pro;o3ition. thoroughly believe that the evidence was so strong that it would It is a fact that the men who have been convicted of the assassi- have been impossible for twelve men-it would have been impos· nation of 1\Ir. Goebel were found guilty upon the testimony of sible for any one out of twelve even-in any State of this Union Republicans almo ~ t exclusively. that wanted to see the enforcement of law and criminals punished Not only were they Republicans, but active and, many of them, to have refrained from finding a verdict of guilty under the office-holding Republicans under the late Republican administra- evidence. tion of Kentucky. 1\fr. CRUMPACKER. If there had been half a dozen, there Mr. JAMES. Is it not true that William 0. Bradley, ex-gov- would not have been any such question as we are now consider· ernor of the State of Kentucky, testified in the trial of Captain ing. General Durbin would have recognized the requisition. Ripley-a captain of a military company brought there by Tay- Mr. SMITH of Kentucky. We have had Republican on the lor-that Ripley was in authority upon the statehouse grounds jury, and it takes every man upon the jury to find the accused during the trouble, and Ripley told him that Taylor said to him, guilty. We have had two Republicans and four anti-Goebel Dem· "Goebel has but twenty-four hours to live," and Goebel was ocrats on the jury, and they found Powers guilty and one Re· murdered in le~ s than twenty-four from that time? publican (you say one Goebel Republican, and if we had twelve, Mr. SMITH of Kentucky. That is a fact that Governor Brad- I doubt not you would say the whole twelve were Goebel Repub- ley testifie

lican leaders of Kentucky made· the speech of Caleb Powers in amendments of the House of Representatives to the Senate con.. his own defense, before the last jury which tried him, practically current resolution No. 4. and substantially their campaign book in the last election. - When­ The message also announced that the Senate· had passed with ever they have thrown down the gauntlet upon this proposition amendment the bill (H. R. 1()669) to regulate the issue of licenses the brave and courageous Democrats of Kentucky have stood for Turkish, Russian, or medicated baths in the District of C0- ready to accept the challenge, as they ever will. lumbia. We are ready, if it must be fought out before the people, as Democrats of Kentucky, believing in law, order, and tranquillity­ CONSULAR AND DIPLOMATIC A.PPROPRI.A.TIO~ BILL. a cheerful submission to the constituted authority-to fight Jt The committee resUm.ed its session. on t before the plain people and let them return the verdict. If Mr. IDTT. I yield five minutes to the gentleman from Indiana t:te verdict of a Scott County jury or a Bourbon County jury is (Mr. HEliENWA. Y] . not sufficient to convince, we are willing to submit it to the hon­ Mr. HEMENWAY. Mr. Chairman, I do .not care -to go into est, just, and intelligent citizenship of Kentucky. - the merits of this Kentucky matter, but the gentlemen he:I."e-and Now, then, I wish to say briefly in conclusion that in my judg­ I excuse them for having some feeling about the matter-believe ment this Congress can do no wiser thing than to add a supple­ that the man whom they seem to think was elected governor of mental provision enabling the States from which a criminal or Kentucky was assassinated, I do not believe anybody knows by alleged criminal has fled to recover the fugitive and bring him whom. There was great excitement all over the State of Ken­ to trial. Why, sir, if Mr. Taylor is brought back to Kentucky, tucky, and the Democratic party insists on continuing that ex­ I have no doubt he can get an entirely fair trial. citement, on working themselves up to a high pitch, which I believe Thera was a time when he could have come back, had a trial, makes it unfair for the governor of Indiana to send ex-Governor and if he had not received fair treatment in the lower court the Taylor down .into Kentucky for trial. majority of members on the supreme court of the State were his I do not care whether it is in Kentucky, New York, Indiana, or political friends who were able and competent to have protected Ohio, or ·any other State- in the Union, crimes growing out of him. Then why did he not return? He had said that he was not politics can not be divorced from politics, and when a trial comes a criminal and he would not be a fugitive, but he turned out not off there is more or less of politics enter into it. I say it is a fact only to be a fugitive but as clearly a criminal, and in that he is that the gentlemen on the other side were so excited I should protected by the governor of a neighboring State. dislike to be tried by them. Now, if I were charged with a crime Mr. BRICK. Will the gentleman allow me a question? I would be willing to have a jury made up of the Kentucky dele­ Mr. SMITH of Kentucky. ·Yes, sir; I will. gation, for I know I should be treated fairly; but I should not . Mr. BRICK. Does the supreme court of Kentucky try the want to be tried for a political crime by such a jury. [Laugh­ merits of a case upon the facts? ter.] I should rather be a Democrat if I were going to be tried in Mr. SMITH of Kentucky. No, sir. the State of Kentucky. But my friends on the other side feel Mr. BRICK. Then how could the supreme court of Kentucky very deeply about this matter. protect a man from a jury of a court below? Now, I put the question a while ago," Has not Youtsey made Mr. SMITH of Kentucky. The supreme court of Kentucky has more than one statement?" And the answer came back from the authority when a case comes before it upon which there is not several members of the Kentucky delegation, "No." They know sufficient evidence to warrant a conviction to direct a dismissal of he is a confessed liar. The people of the United States know it. the indictment in the lower court. That is the authority and the Every man who has read the newspapers publishing the report of jurisdiction of the court of appeals of Kentucky. the Kentucky trials know that Youtsey is a confessed liar;· that Mr. JAMES. .And is not that held to be the law in the case? · he lied over an'd over and over again. And yet they say that the Mr. SMITH of Kentucky. Yes. only timt;l he told the truth was·when he said that Caleb Powers Mr. JAMES. And was it not so held in the Caleb Powers case? was guilty. lam free to confess that I do not know whether he Mr. SMITH of Kentucky. Yes, sir; a rule once made ina case is guilty or not. I only have the impression that I get from read­ is there, as it is elsewhere, held to be the law of the particular ing- the newspapers. case, although in some other case it may have been held subse­ Mr. KEHOE. Will the gentleman yield to me? quently to have been unsound. Mr. HEMENWAY. No; I can not yield. Mr. JAMES:, That is right. . Mr. KEHOE. Hasn't Taylor made more than one statement? Mr. SMITH of Kentucky. That is the law. William Goebel Mr. HEMENWAY. Possibly he has. I have not followed it was a brave and able advocate of popular rights as against cor­ very carefully. Now, in Indiana this has never been an issue. porate aggression, and no man in Kentucky was ever so hated We never heard of it in the campaign. We indorsed the position by special interests or so loved by the plain people as he. But, in of Governor Mount and Governor Durbin, and we believe it conclusion, let me ask Republicans, Can you personally or as a would not be right at this time, with the excitement that prevails, party afford to uphold the governor of Indiana in his course of to send Taylor back to Kentu~ky for trial. I remember that I lawles ness, his course of ignoring the provisions of the Federal was in the governor's room when Mr. Goebel came there and Constitution? Can you afford as a great party in this country, wanted to argue the question with the governor, and did argue which you are, to indorse the course of· ex-Governor Mount and the question with him. And Governor Durbin received him with present Governor Durbin in ignoring the plainest mandate of the all courtesy. Federal Constitution? I remember one of the questions the governor put to him was Can you afford to take that position either as a party or as citi­ this: The governor had before him a list of the men elected as zens of Indiana? Can you afford to take the chances of making jurors in one county where Taylor was supposed to be tried if he your Commonwealth an asylum for criminals from every quarter was sent back. Every name on the list with the exception of of the globe? I believe the great masses of Indiana are too just, two were Democrats. The governor had before him the state­ too mindful of the rights of a neighboring State to further tol­ ;ment of men of high character that he could rely upon, who erate the action of Governor Durbin. I shall be disappointed in informed him that these men _were Democrats and he put the my high ideals of Indiana citizenship if the public sentiment does question to Mr. Goebel, "Do you believe it is fair for me to send pot soon compel Governor Durbin and his party to do that which Taylor back to Kentucky to be tried by a jury composed of these ought long ago to have been done-surrender Taylor. I thank the men?" And Go.ebel answered, " Yes." committee. [Applause.] , Now, you gentlemen upon that side, as well as upon this side, know that is not fair; you know that there could not be a fair MESSAGE FROM THE SENATE. trial in times of such political excitement, unless the jury were The committee informally rose; and Mr. HEPBURN having taken divided politically. In fact, there ought not to be any trial of a the chair as Speaker pro tempore, a message from the Senate, by man charged with a political crime until the people have cooled Mr. PARKIKSON, its reading clerk, announced that the Senate had off and can give him a fair trial. I sincerely hope, gentlemen, passed without amendment bills of the following titles: that some day in the future we will ascertain who killed Mr. Goe­ H. R. 10421. An act to provide for the reToval of snow and ice bel, and that that man will be punished. I hope for the good name from the sidewalks of the District of Columbia, and for other of Kentucky-and Kentucky has always borne a good name, and purposes; I hope she always will in the future-they will find out who killed H. R. 8688. An act to transfer jurisdiction of reservation No. Goebel, and that the man will be punished for killing him. I sin­ 32. in the city of Washington, D. C.; cel'ely believe that if under the meager circumstantial evidence H. R. 8686 . .An act to amend section 895 of the code of law for upon which Kentucky has convicted Powers, if the State allows the District of Columbia; and him to hang the time will come in the history of that State when H. R. 4344. An actfortherelief ofVincenzo Gerardi, of Wash­ everyone will regret it; when you will wish that you could tear ington, D. C. one page out of your history. The message also announced that the Senate had agreed to the Get away from your political prejudices and excitement; look XXXVIII-100 1586 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 3,

at this as the people of the United States look at it-because you ing the feeling of the gentlemen: who sit on the other side of this can go into any State other than Kentucky and Indiana and get Chamber. the judgment of people of fair and ev~n temper-and you will Mr. ROBINSON of Indiana. Why does not Governor Taylor ~ sea that Governor Durbin is acting ~actly right in keeping Tay­ move around to some of the other States and test the pulse of some lor out of Kentucky_until the political prejudices of the times of the other executive officers? [Laughter and applause.] I have cooled off and he can have a fair trial. Ml·. PAYNE. I am not Governor Taylor's coun el, and I could As for Governor Durbin, he has no feeling in this matter one not tell the gentleman. l way or the other. except to see that Taylor when he does go back Mr. HITT. Mr. Chairma1;1, I now yield fifteen minutes to the to Kentucky, gets a fair trial. When you get in such a state of gentleman from Pennsylvania [Mr. ADAMS]. mind that you can give him a fair trial, there will be no trouble in Mr. ADAMS of Pennsylvania. Mr. Chairman, I think I will getting him out of Indiana. [Applause on the Republican side.] perform a very good office if I address the House on a subject Mr. HITT. I now yield to the gentleman from New York five that may serve as a sort of buffer between those who have been minutes. engaged in this excited debate, and restore the House tothatstate Mr. PAYNE. Mr. Speaker, I take the floor not for the purpose of equanimity in which it is generally found when I address it on of discussing the Kentucky case. but to call attention to what the this subject. [Laughter.] gentleman from Kentucky who fir t addressed the committee said Mr. Chairman, the older Members of this House are often ac­ in the outset. He commenced by reading from the President s cused of having a set speech which they annually inflict upon the mesuage in regard to bringing fugitives from justice to this coun­ patience of the Members. I am not guilty to the full extent of try, and then went on. to intimate that the President was guilty that charge, but there is a subject in which I ha\'"e felt a very of hypocrisy in that utterance in his message because he did not deep interest for many years and upon which I do address the ask Congress to do something with the States that were refusing House once in each Congress. _ to return fugitives from justice, and he spoke of the visit of Tay­ First becau e some of the older Members may have forgotten lor to the State of New York and having a conference with Theo­ the cogent and urgent reasons that I have advanced in its support dore Roosevelt, as governor of the State of New York, early in this and the newer Members have never heard of it at all. trouble. The subject is one that has deeply interested the business com­ I don't know whether Governor Taylor ever saw Governor munity of our Republic, and the p;roposition I have urged has re­ Roo evelt or not. I don't know what wa the subject of their ceived their hearty support. They are on record upon the files of conversation any more than does the gentleman from Kentucky this House in every Congress for many successive years by peti­ . [Mr. J AMEs]; but it is evident, whatever it may have been, that tions and bills for the reorganization of our consular service. Governor Taylor stayed only a couple of weeks, according to the The amount of information that has been furnished by the busi­ gentleman's statement, in the State of New York. ness community on this subject has been vast. The late t ex­ Then the gentleman brought in the fact that Governor Odell pre ion from that portion of the citizens of the Republic has been the other day had refused to accede to a request of the governor through the National Board of Trade, which only a week ago as­ of Mis~ ouri for the removal of one Ziegler, who was indicted for sembled here in the capital of the nation, with business men from bribery in St. Louis, in the State of Missouri; and he might have every State in the Union representing nearly all the comme-rcial mentioned, but he did not, that a few years ago some men in New bodies and boards of trade. York were indicted for conspiracy in the State of Texas, and their Propositions for legislation of this kind have been, as I have case was first brought, according-to my recollection, before Gov.: said, before this body for several sessions of different Congr·es es. ernor Flower, a very excellent governor, although a Democrat, This measure has often got so far as to be reported from the and Governor Flower found out that the men had never been to Committee on Foreign Affairs and to be placed on the Calendar; Texas, that they could not be fugitives from justice, because they but there it has gone to that fate which so often meets worthy had never been under the jurisdiction of the State of Texas, and mea ures, because there have been inscrutable differences that con equently denied the requisition. seemed impossible of reconciliation between the two different Mr. BOWIE. Well, that is where this case differs from the parties. ether The principal basis that is sought in this reorganization is, first, 1\Ir. PAYNE. Oh, wait a moment. I am not talking about the tenure of office; that consuls shall be kept in their offices so this case. The gentleman ought to keep cool and wait and per­ long as they" improve in knowledge ~nd fit themselves more fully mit me to make this statement. for duty. But against this the political objection has arisen, 1 Mr. BOWIE. I am cool. Go ahead. and I may venture to say that as a fact the Democratic party Mr. PAYNE. And a little while afterwards a requisition was absolutely refuses to give its sanction to this feature of the bill. made upon a Republican governor with like results. I saw yester­ There are other points of diversion between the two parties; day in the newspaper that the requisition had been mane from Mis­ but so earnest and so fair are the advocates of this proposition, souri upon Governor Odell for this man Ziegler, and that Gov­ and so fully impressed are they with the necessity of some legis~ ernor Odell had denied it. The paper stated why, and doubtless, lation in this regard that they are now prepared to compromise if the gentleman from Kentucky [Mr. JAMES] got his informa­ on this legislation and to see whether we can not agree upon some tion from the newspaper as I did, he found that it was because measure which shall in part remedy the evils that .now exist in the attorney-general had advised the governor that it was not this service. proper to grant this requisition. I am ca-sting no reflections on the personnel of our service. The attorney-general is Mr. Cuneen, a very eminent lawyer of There are as good men of both political parties in our consular the city of Buffalo. a Democrat all his life, nominated on the service as exist in that of any other country. But it is the law Democratic ticket last fall, indorsed by the Prohibitionists, and and the system which I attack; and so long as the existing system by the combined vote of the Democracy and the Prohibitionists continues no real remedy can be reached in this most important elected attorney-general of the State. So that the general indict­ department of our Government. ment of the Republican party and of the President and of Gov­ I have introduced to-day a bill which is the work of a national ernor Odell falls in this connection. I never have known much committee, of which Mr. Henry A. Garfield, the son of the late about this Kentucky case or about the feeling down there. but if President, is the chairman, representing all the boards of trade and I were Governor Taylor, no matter how good a defense I might chambers of commerce of our country. · have, and was charged with the murder of MI. Goebel, and it This committee was intrusted with the care of the legislation was proved that I was within 40 feet of where the shot was fired, relating to this subject, and the bill which I filed to-day is there­ b 3cause that was my place of duty in the statehouse, and when I sult of theii·labor. I met Mr. Garfield in Philadelphia last Satur­ heard the shot fired I ordered a company of militia to take posses­ day, and he placed this measure in my hands. sion of the building and not let any man out or in, I would not Much as I am interested in the bill which I have been agitating want to submit my case even to the Kentucky delegation, 'fair­ for so many years, I am very glad toabandon itwhenin the judg­ minded as they are. [Laughter.] ment of so many of my colleagues it is pronounced impossible to Mr. SMITH of Kentucky. Or to any other tribunal. pass it. Therefore I am ready to fall back on this much smaller Mr. JAMES. Mr. Chairman, I would like to ask the gentleman measure, which I hope will be a stepping stone and ultimately the this question: Suppose he had been in his place of duty and said foundation for placing the· service on the conditions which we all to the conspirators, having the militia already in arms, "You desire. act first, and thep. I will call out the militia;" and suppose he had My object in speaking to-day is to call attention to this bill. I had that militia waiting there for an hour ready to respond to hope every Member will read it. In doing so he will find that it that order, whenever the shot was fired to take the life of that is limited to two essentials relating to the service. The first is man, should he not be indicted for murder? one which should, I think, appeal to the fairness of every man Mr. PAYNE. If any man said that to save his own skin, and present. went before that jury and swore it was true, and I knew it was It is that the service should be classified, the salaries. more absolutely false and so testified before that jury, still I will say I nearly-equalized, ·and the compensation of all put on a fair footing. would not want to risk my life before a jury from Kentucky hav- As the service now stands, the compensation is most unequal.

. 1904. C.ONGRESSION.AL RECORD- HOUSE. 1587

Some officers of the consular service make to-day I do not know bear upon myself, loth as I was, to force me to recommend a man how much, but certainly as much as $20,000 a year, while others who, in my judgment, was not fully equal to the service. are paid the magnificent compensation of $1,000 a year, a salary Under the pre ent system you can not resist that pressure, and which in my judgment is a disgrace to a country so able as ours that is the reason that the people who are earnestly in favor of to pay to the men who represent it abroad. the improvement of the system want the law changed, so that that It can easily be seen that it is impossible for any man to sup­ pressure can not be brought to bear. When that is done condi­ port himself, much less his family, on this salary and at the same tions will change. time live in the condition which every representative of the Mr. SCUDDER. Will the gentleman yield? United States-over whose door stands the shield of his country, Mr. ADAMS of Pennsylvania. Certainly. and who, wherever he goes, is recognized as the official represent­ Mr. SCUDDER. I should like to say to the gentleman that he ative of his country, and who is expected to maintain that dig­ himself, if I understood him correctly, interjected a political at­ nity-has a right to expect. mosphere into this discussion by stating that on this side of the The object of classifying the service, then, is to equalize the House we were opposed to a reorganization of the consular sys­ salaries; to divide the officers into classes , officers of one class re­ tem. If I understood the latter remarks of the gentleman cor­ ceiving one grade of compensation, the next lower class another rectly, I think perhaps he would like to 1·evise that statement in grade of compensation, and so on down the list. the early part of his speech. The second feature of this bill is that all the fees official and Mr. ADAMS of Pennsylvania. In reply to the gentleman, I unofficial, of these officers shall be turned into the Treasury of stated as a fact, which I said was not political, that the Democratic the United States and in view of the relinquishment of the profits members of our committee have ab olutely refused to support a whicn have accrued to the members of the consular service, these bill making a tenure of office for the consular service. That is a officers shall receive this proposed increase. fact which I think the gentleman will not deny. This will remove the existing inequality; this will remove the Mr. SCUDDER. I would ask the gentleman whether or not temptation of the consuls to charge more than the legal rate; this this tenure of office which he sugge~t s is not a tenure which will remove the annoyance that all travelers and all those who means the keeping in of the men who are now there, instead of have business to do with foreign countries abroad have been sub­ opening the door to all who might wish to come in? . jected to; this will remove the temptation to false invoices or 1\Ir. ADAMS of Pennsylvania. UnderthisbUl, orratherunder other frauds, and will at the same time tend to equalize the com­ the bill that I would propose to the House, the door is open. irre­ pensation of all the consuls. spective of politics, to the men in the civil service, or to the appli­ Mr. SCUDDER. Will the gentleman allow me to ask him a cants who are competent to enter that service. question? Mr. SCUDDER. Is not that what we want to do? Mr. ADAMS of Pennsylvania. Yes. Mr. ADAMS of Pennsylvania. Not that I am aware of. There 1\Ir: SCUDDER. Is it not true that the Democratic party has have been modifications asked. I was refe!Ting to my own bill. in substance-that is. that the Democratic members of the Com­ This is not my bill. This bill comes from the national committee mittee on Foreign Affairs have in substance-offered to report a representing the business interests of the country. bill along the lines which the gentleman now suggests, that they .Mr. SCUDDER. I would ask the gentleman if the Democrats have been willing to do so for several years past, and that the offered to report a bill favoring the classification of the service objection to the reorganization of the se1·vice such as the gentle­ and stop there. and thereby cure one of the evils of the present man proposes has been entirely due to the fact that it would fasten service, without fastening upon the service the mossbacks and the upon the service-the mossbacks and the barnacles now attached to barnacles that are there now? it, and who are largely there, if not entirely there, as the result of Mr. ADAMS of Pennsylvania. The gentleman offered to sup­ the present system of appointments, which, of course, have been port that kind of a bill; but answering him frankly, I myself am made under Republican Administrations? in fav.or of the bill we had before us at that time, and whose de­ Mr. ADAMS of Pennsylvania. I frankly admit the first part velopment continues, and I have not changed my opinion in a of the gentleman·s statement. I could hardly be expected to ad­ single degree. I have reinforced it in my remarks, and the gen­ mit the second half of the gentleman's statement. I have already tleman has reinforced it also by his question. stated that it is the system that I think is responsible for the Mr. SCUDDER. Will the gentleman yield to me for another present conditions and not a political party. question? Mr. SCUDDER. But it is the system which has resulted in the Mr. ADAMS of Pennsylvania. I can not yield any more. I appointment of men whom the gentleman himself concedes should. have answered your point. not be in the service by the fact that he introduces a bill to reor­ The CHAIRMAN. The time of the gentleman has expired. ganize the service. Mr. HITT. I yield the gentleman five minutes more. Mr. ADAMS of Pennsylvania. I will answer the gentleman by Mr. ADAMS of Pennsylvania. Now, Mr. Chairman, to con­ stating t'hat in my opening remarks I said I brought no charge clude in a general way. This is a proposition that can not be against the personnel of the service. I think it is as good as is stated in fifteen minutes, and scarcely in an hour, and gointothe po sible under the present political system of our country and un­ details and illustrate the evils that now exist in our system. del· the law as it stands to-day. But I wish to impress upon the House the important relations Mr. SCUDDER. Will the gentleman yield for another ques­ that this branch of service bears to the commercial success of our tion? As the law stands to-day, I ask him, is it not entirely country. We are entering upon a great era of commercial de­ within the province of the President to appoint the very best men, velopment, and it is absolutely essential that our merchants and and only the best man to each place, and is there any excuse for manufacturers should have trained men able to gather the sta­ the appointment of any bad men, if the President will rise above tistics of the nation, of the Government, that they can possibly and superior to party considerations and appoint good men? have. Mr. ADAMS of Pennsylvania. I will answer the gentleman by All the movements of our country to-day are toward commer~ saying that I am trying to keep party politics out of this discussion, cial expansion. Everywhere we look before us the business peo­ because I am trying to meet the views of the gentlemen on that p~e are alive. The Government is acting. The canal is to be side of the Chamber, and I do not want to drag in past history. built. Navigation laws are to be passed; other matters, all tend­ I can only answer him in a way that I am loath to do. ing toward development of our trade. The State Department, by_ He says he holds the present Administration responsible, be­ unusual wisdom and great foresight, has kept the door in the cause they ought to do better. I do not know how far back his East open against all the machinations that have been placed political memory goes, but I remember the acts of Quincy, who there to keep us out. struck off the heads of nearly all the service when the Democratic I submit to a?y man engaged in business in this country the party came into power, to an extent that had never been done be­ absolute necessity that you shall have accurate and reliable in­ fore, so much so that it was one of the things that reflected most formation from the men who are to gather it in foreign ports. seriously on that Administration. How can men gather statistics and give us information if as That is the reason, I say, that under the present law and under soon ·as they have become capable to fill the great places they oc­ our political system no Administration, be it Republican or Demo­ cupy they are brought home and entire novices are sent out to fill cratic, can rise superior to existing conditions. There is a politi­ their places? · cal pressure that nobody can resist under our system. I stand How can a man gather information if he can not read the pub­ here myself as earnest and honest an advocate as any man can be lic documents and newspapers and the other statistics of the places on this question. to which he is accredited and report them to liis Government? It was brought home to me by personal experience in South Why, he may have aU the energy of the American people, for America long before I came to Congress, and I have been work­ which we are noted; he may have all the push and brightness of ing and writing and speaking and trying to legislate ever since the American people; but if he is hampered, if he can not rea.d for the improvement of this system; and yet I confess to the gen­ the information that lies at his door, if he-can not speak the lan­ tleman that on one occasion sufficient pressure was brought to guage of the country to which he is accredited, if he can not 1588 CONGRESSIONAL RECORD--HOUSE. FEBRUARY 3,

gather the statistics in governme~tal reports and send them on Mr. STANLEY. Ye~, sir. I am answering you now. This to his country in our own language, how can you get your infor­ man was as brave as Taylor is cowa dly-- mation, and how can it be accurate, how can it be reliable? Mr. HEPBURN. Will you answer my question? It is not but right that the brightest men in our country in this Mr. STANLEY. Yes, sir; and those who slew him as cowardly branch of our service should receive more attention. I wish to and false-- . say further that this branch is unique in its character. There is Mr. HEPBURN. Will you answer the question? n'o branch of the service equal to these employees and able to fill Mr. STANLEY. Yes, sir; I am answering you. He imbued the places that have the character of the men in these positions. his hand in the blood of his fellow-man, in defense of his person We should have men that should represent us with dignity as and in defense of his sacred honor, under the clear skies, in the well as with ability. We should have men in it where our coun­ presence of all men in the open street. . try is visited by foreigners or by their own citizens that they should Mr. HEPBURN. And he found an asylum in Kentucky after receive them courteously and attend to their wants. he did it, did he not? - · We should have men everywhere that would uphold the stand­ Mr. STANLEY. No, sir; he found a defense-­ ing of American gentlemen; that is the highest on earth, because .Mr. GOOCH. After he was shot. it comes from instinct of heart and right; and we should have Mr. STANLEY (continuing). He found a defense in the court men who are able to and do fulfill this office in a way that should which will give to Taylor a fair trial. _ No jury, howeverparti an, reflect credit upon our country. Demoprat or Republican, from that day to this, has ever indicted Mr. Chairman, this bill will be a benefit to the country. I be­ him for this offense, and William Goebel himself wore upon his lieve that every American citizen here who sits as a representa­ body the wound of a pistol bullet from the hand of the gamest tive of those who are interested in this subject will support this man and the best shot in Kentucky. meas"Qre. Mr. SMITH of Kentucky. I would like to make one sugges­ This measure, as I say is a compromise, one yielding the ground tion in that connection. Did not Goebel in that case positively that your side of the Uhamber demands, and yielding the best decline a pardon from the governor of Kentucky? judgment of those who have this interest most at heart, for the Mr. STANLEY. Yes. ~ cardinal point that we are carrying out, that we at last can take Mr. KEHOE. A Republican governor? this one step toward the demands of the commercial, business, Mr. SMITH of Kentucky. No. and manufacturing interests of our co;untry in the great era of Mr. STANLEY. I wish to say to the gentleman from Iowa, progress that is now prevailing, their representati\e3 shall not because I know that he would not, unless he were gros ly misin­ be limited to our own shores, but shall extend to the uttermost formed, here in this place, where his voice is to be heard in all parts of the earth. [Applause.] . the land, recognizing as I do his prominence and his power, he Mr. HITT. As I do not see the gentleman to whom I expected would not stoop in order to shield this man Taylor to belittle and to yield, I yield eight minutes to the gentleman from Kentucky besmear with a charge absolutely false the grave of Kentucky's on that side. honored dead. I wish to say to you, sir, that the man whom he Mr. STANLEY. Mr. Chairman, I was not surprised at the assassinated first assailed him in character, first maligned him in speech made a few minutes ago by the gentleman from Indiana the public print. [Mr. CRUMP ACKER]. I was amazed at the utterances of my genial I saw that same William Goebel at Augusta stand mute but friend the other Representative from Indiana [Mr. HEMENwAY]. fearless under the taunts of this same man. He had persecuted To belittle, to traduce, to hold up in a feeble way to contumely him for years. He met him on the streets in Covington; he asked and contempt a great part of this Union, for the simple reason him if he had written an -article containing statements reflecting that it happens to fall within a political division not his own and upon him, and before Goebel could answer his assailant fired a within the horoscope of his long-cherished and long-nourished shot, striking him in the side, which he canied to his death. hate, is enough for the gentleman from Indiana, without regard Goebel then fir~d at his opponent. There were only two shots to the merits of the case. The gentleman does after his kind. fired; and if you will tell me how a man can shoot another after There is not a crimson Magdalen in all this wol'ld who does be­ he himself has been shot through the brain, then I will tell you lieve there is virtue in her sister. There is not an unpunished how Sanford was assassinated by Goebel. thief who finds honesty in mankind, and there is not a blind par­ Sanford fell with a bullet in his brain-through the center of the tisan hater by profession and by political faith who finds virtue forehead. Goebel was found afterwards, 'torn and bleeding by in those who oppose him. the bullet that had plowed its way around his body. You can Partisan measures, partisan strife, partisan denunciations are not assassinate a man that way. There was no window there; part and parcel of his political capital and his political life. I was . there was no smokeless powder there; there was no Marlin rifle amazed, however, to hear the gentleman from Indiana [Mr. 1IEM­ there; there was no fleeing there. He shot him in the city of ENWAY] assail, as he has done, my native State. We are told, Covington where his (Goebel's) most powerful opponents were. Mr. Chairman, that we should keep cool, that we should be serene, The CHAIRMAN. The time of the gentleman from Kentucky that we should express no feeling of anger, no feeling of resent­ has expired. ment; no feeling of pain when the mightiest man in all our Com­ Jtir. STANLEY. I ask unanimous consent, Mr. Chairman, that monwealth falls at the hand of a secret assassin in the discharge I may have five minutes more. · of his duty. I thank God that neither a Democrat nor Repub­ Mr. GAINES of Tennessee. I will yield to the gentleman my lican until the day of Goebel'sassassination ever knew what it was time. to keep cool, to be serene, to be untroubled in such a tragic hour. Mr. HITT. I will yield to the gentleman three minutes more. What would that heartbroken crowd at Buffalo have thought Mr. GAINES of Tennessee. I would like to ask the gentleman, if some one of the learned gentlemen on tho other side had wrapped did not Goebel stand trial by a Kentucky jury? his mantle about him and turned away from the bleeding victim Mr. STANLEY. Yes. Now, I wish to say that the only Re­ of Czolgosz and had said that this, forsooth, was a political crime; publican who ever was and who ever will be governor of my do not get excited. What would you have thought when Lincoln State would be the first to refute that charge, because he was the fell here in this capital, when all the land was anger and amaze­ first to pass an encomium on the manliness of Goebel; the fu·st to ment, if some new disciple of this philosophy, that there is such praise the justice of the offering of that reward of $100,000. I a thing as a political crime, that murder has a political home and wish to say this to the gentleman and to this House, that there assas ination a political refuge; what would you have thought if was never, until Goebel had been assassinated, in any party or he had said, forsooth, that this man who slew the lamented Lin­ any set of people, not even among his bitterest enemies, a living coln was his political foe and this was a political crime? soul that dared to charge that he was an assassin. I deny that there is such a thing as political assassination. I The man he killed-was as gallant and as brave a rebel officer as deny that there is such a thing as political murder so far as my ever rode to the stars and bars. He was absolutely fearless; he par·ty is concerned. I deny that outside of the political confines was a crack shot, and it was thought that to stand before the fire of the State of Indiana there is to-day in any country, free or ·of Sanford was certain death. Such was the man who determined enslaved, under a presidency or under a despot, a single spot on to silence William Goebel and to remove him from the political earth where an assassin can find refuge because of the complex­ arena. He stood the assaults of that man for years with patience, ion, the political faith, of his hapless victim. and at last, driven to the wall, acted absolutely in his own self­ Mr. HEPBURN. Will the gentleman permit me to ask him a defense, and the best friends that Sanford has to-day, including a. question? United States Senator from my own State, who went with the Mr. STANLEY. Why, certainly. dead Sanford to his grave, was the first to admit, the first to recog­ Mr. HEPBURN. Did not this man upon whom you have de nize, and the first to praise the manliness and courage of William li'f:ered such a panegyric himself assassinate a man? Goebel. · Mr. STANLEY. This man- Assassination is comparatively unknown in central and western Mr. HEPBURN. I simply ask the fact. Kentucky. Tliere may be a· disregard, as some see it, for human · I M]:. STANLEY. I wish to answer you, sir. life, but in Kentucky they look each other in the eye when they Mr. HEPBURN. Will the gentleman answer me? fu·e. In all. my life, living in and around. Lexington J.nd western 1904. CONGRESSIONAL RECORD-HOUSE. 1589

Kentucky, in that part known as the "blue-grass" region and the charge from Minneapolis toNew York on export grain was 25 cents "pennyrile," I have never known a man of standing to be even a hundred, or 15 cents a bushel. The Bm·eau of Commerce and· charged with a sassination. I have known but one instance in Labor says railway freight this summer from Chicago to New all that time where assassination was ever committed in that sec­ York has been 9 cents a busheL while the freight charge from New tion of the country. York to Liverpool runs from 3 to 6 cents per bushel. This makes It is for that rea on that we feel this anger now; it is for that a· total freight charge of from 17 to 21 cents per bushel. not fig­ reason tlmt we feel this resentment now· "it is for that reason uring insurance, elevator, or other charges. Still, it is quite usual that when. this question is again discussed and when the bloody to find wheat only from 5 to 8 cents higher in Liverpool than in Min· garments of William Goebel are unveiled before yon, and when neapolis, and it is not so very uncommon to find the price the same. his meniory is assailed by every species of slander, malignity, and Test this question again in this way: Almost any market re­ hate, when falsehood does the work that assassination left incom­ port from Minneapolis will show cash wheat and wheat from the plete-it is then that every Kentuckian, not only within the halls same crop for future deli very about the same in price. In any of Congress, but within the confines of my native State, feels the market where the demand can readily be supplied, the price of blood mount to his cheek and is ready at all times and under all wheat to be delivered in the future should be the cash price with circumstances. with his life if need be, to defend the sacred honor storage and insurance added. Still, cash price in Minneapolis fre­ of his native State and the stainless courage and character of her quently exceeds the price for future delivery. Within the .last martyred dead. [Applause on the Democratic side.] few weeks prices for May delivery at New York and Minneapolis Mr. HITT. I now yield a minute to the gentleman from Ten­ have been within 2 or 3 cents of each other, and I note in the nessee [Mr. GAnrns). Minneapolis Journal that prices in Kansas City, which is not lli. GAINES of Tennessee. Mr. Chairman. in refutation of the affected so directly by our local conditions have been 10 to 14 position stated a short while since by the gentleman from Indiana cents less than in Minneapolis, though the freight charges paid [Mr. CRUMPACKER], I desire to refer the committee to the sixty­ by Kansas Cityto place its wheat upon the so-called world's mar­ fifth United States Reports, in the leading case of the governor of ket is less than that paid by Minneapolis, showing the Minneapolis the State of Kentucky against the governor of the State of Ohio. market at this time to be from 10 to 14: cents higher. I read from the pertinent sections of the syllabus of the case: This situation has been frequently commented on in years past by the northwestern papers. It tends to show that there is a very 5. It was the duty of the executive authority of Ohio, upon the demand made by the governor of Kentucky and the production of the indictment, strong competition for wheat in the Northwest. The Minneapolis duly certified, to cause Lago to be delivered up to the agent of the governor Chamber of Commerce in its report, December 31, 1902, devo~es of Kentucky who was appointed to demand and receive him. con~iderable space to an argument against the tariff on the im­ 6. The duty of the governor of Ohio was merely ministerial and he had no ri~ht to exercise any discretionary power a.s to the nature or character of the portation of Canadian wheat, and uses as its main argument the cnme charged in the indictment. contention that the mills find it difficult to obtain a sufficient up­ 7. The word "duty," in the act of 1793, means the moral obligation of the ply of·wheat on this side of the Canadian border. I quote from State to perform the compact in the Constitution, when Congress had by that act regulated the mode in which the duty was to be performed. - this report: Although full crops have been grown in the Northwest in late years, the So it will be seen that it is a matter of "duty" and not a mat­ millers find it more and more difficult to supply their wants. . ter of" discretion," as the gentleman from Indiana [Mr. CRUM­ Then again they say: PACKER] wrongly stated the law. In the latter year considerable grain was brought in from outside sections, The Constitution and this statute were intended to prevent the and with the increased production it follows that they (the millers) may be exercise of this right of might and prevent the wronO' which the compelled to bring from outside sections not less than wa.s brought in in L9Ul or the mills will have to shut down from want of grain to grind. Millers under­ gentleman says the governor of one State has the right to visit stand this situation and are already anticipa.ting it in paying premiums for on a sister State or States. cash wheat above the price of distant futures. [Here the hammer fell.] Mr. VOLSTEAD. Mr.Chairman Idesiretomakeafewremarks This situation exists to-day. The great banking house of Hem-y upon a subject that appears to interest the Northwest particularly. Clews & Co., of New York, in its review of trade conditions, In a speech delivered some time ago by my distinguished friend December 19, 1903, says: from Minneapolis TMr. LrnD] he took occasion to commend free Leading authorities state positively that the problem of securing an ade­ trade with Canada, and more particularly to urge upon this House quate supply of wheat in the Northwest is a serious one. the importance of the free importation of wheat. I regret that I The Chamber of Commerce of Milwaukee, in its report for can not agree with my friend. I used to belong to his Congressional 1902-3, has. a similar complaint. No one at all familiar with the district, which he represented with so much credit to himself subject can deny the fact. The effect of it is admitted by my col­ and his constituents-the old Second Minnesota. I followed his league [Mr. LL.''m]. He says it is true that the wheat in Minne­ lead then with a great deal of pleasure. I would like to be able apolis has generally been 4 to 5 cents higher than the general to follow him now. I know that he is supported by powerful price. Republican journals and large business interests whose favor I There are many reasons for this situation. The principal might like to court, but this is a subject to which I have given market for the consumption of our surplus wheat is immediately con iderable thought and I feel that he is wrong, though his ear­ south of the Great Lakes and in the North Atlantic States. it nestness and sincerity made his plea very impressive. And while is there where yon find the great industrial centers of this conn- · it would be much better to have some one who is better known try, a busy hive of from twenty to thirty million people. This and whose utterances would can'Y more weight express my views, section produces but a small part of the agricultural products still, as no one seems to have done ~:o, I beg the indulgence of it consumes. It is the greatest market in the world and consumes this House for a few moments while I give my ideas on the sub­ annually from one hundred to one hundred and fifty million bush~ls ject. of wheat. There are only three States east of the Mississippi-Indi­ Inthespeechirefertomyfriend [Mr. Lnm] took occasion to say ana, Illinois, and Ohio-that produce any large excess of wheat that it was abstud to contend that a tariff could have any effect above consumption. This surplus is only between forty and fifty upon the price of wheat, a commodity of which we export mil­ million. It is winter wheat and enters the market in July and lions upon millions of bushels. This is the oft-repeated conten-· August, and is rapidly consumed or exported. Nearly all of it is tion that our price is governed by the price in the so-called disposed · of before t.he spring wheat of the Northwest (which worlds market, or the Liverpool market. This is not true to comes into the market in October and November) can be drawn on the extent generally contended. If the doctrine is true, the price to supply this eastern market. The only other territory raisin~ a of wheat in Minneapolis is the price at Liverpool less freight surplus east of the Rocky Mountains is in the Southwest-1Iis­ charges and expenses for placing it upon the Liverpool market. som-i, Kansas, Nebraska, Oklahoma, and Texas; but much of this Let us see if that is true. Compare the cash price at Minneap­ territory. by reason of its distance, the same as the Pacific cca t, olis with the price at Chicago and you will seldom find it more is at a disadvantage in competing wiih the Northwest for the than 1 or 2 cents higher at the latter than at the former place. American market, which I have jut described. Then, again, This is true, though Chicago is by rail (the only mode of trans­ flour made from wheat raised in the Northwest enjoys a repu­ portation in winter) about 400 miles nearer to Liverpool than tation for excellence of quality that creates for it a derrumd Minneapolis, and has 6 cents per bushel less freight to pay. greater than that enjoyed by flour made from wheat raised far­ Then, again, compare Minneapolis price with New York prices ther south. The one reason why the Northwest can reach t:his and you will often find only a slight difference usually much large American market more cheaply than a large part of the less than the cost of transportation. not to mention elevator and southwestern wheat belt is that it lies close to Lake Superior and other handling charges. This shows that the relative price at enjoys an exceptionally low freight rate over the lakes or rail- :Minneapolis is much higher than at- New York. The New ways competing with lake traffic. . York price is quite largely influenced by the Liverpool price, For the purpose of this discussion it is not material to deter­ though even that is quite often as high as the Liverpool price. mine the causes that produce this keen competition and de­ As .to freight charges, James J. Hill, president of the Great North­ mand for wheat in the Northwest. The fact remains that com­ ern Railway Company, said in a recent speech that the freight petition inside the American market has been so keen in years 1590 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 3,

past as to materially raise the price, a fact generally conceded by is much more potent than the world's demand in raising prices. evervbr.dv. Canadian wheat ground in our mills and shipped to foreign coun­ :Mi·. LIND. Would it emban-as~ my colleague if I should ask tries does not materially affect the local markets. hjm a question? This chamber of commerce refers to the same Canadian territory }fr. VOLSTEAD. No; go on. so eloquently described by my friend from the Minneapolis dis­ Mr. LIND. Then, I ask the gentleman whether, in his judg­ trict. He says that it is larger than Minnesota, Iowa, the Da­ ment, it is not a good thing for our State and theNorthwest that kotas, Wisconsin, ll1inois, Michigan, Ohio, and New York, and the price is as it is at Minneapolis-abnormally high? capable of producing more grain than those States. Here, then, Mr. vOLSTEAD. I am glad of it: and that is just what I is a territory capable of p1·oducing, if the gentleman· is correct, wa.ut to maintain. But I can not see how it is to be maintained more wheat than is produced by the United States, and it is if the situation is changed in the manner in which it is proposed claimed that all thl.s territory is naturally tributary to the North­ to change it. west .and that its products. if permitted, would come through ~Ir. LIND. You approve of the condition of affairs that makes their channels of trade. This country is now developing very the "!'rice hig-h? rapidly, and for years to come will depend upon wheat raising Mr. VOLSTEAD. I approve of it; and I will explain later why as its principal crop. Winnipeg this year received more than I approve of it. 51,000,000 bushels from this territory, an amount largely in ex­ hlr. LIND. Let me ask my colleague another question. Does cess of that received by Chicago. If my friend is right in his he not think it is because of the milling demand at Minneapolis estimate of the amount that can be produced by the Canadian t hat the price is higher there? Northwest, and he is supported in his view by the Minneapolis l\Ir. VOLSTEAD. There is no doubt in my mind that the ex­ Chamber of Commerce, then millions upon millions of bushel of istence of the mills at ~1inneapolis does tend to raise the price; it Canadian wheat would each year be placed upon the American can not be questioned that tho e mills have done a great deal to­ market in competition with that raised by our farmers. ' ward building up the price. The same effect was noticed in the As soon as the tax upon the foreign product should be removed Southern States with reference to cotton when they undertook to the railroads entering Minneapolis, Duluth, and other ....~erican build cotton mills there. The tendency was to raise prices. cities from the Canadian Northwest wunld, in competition with Mr. LIND. It being the fact that the price of wheat is higher the Canadian roads. cut freight rates north of the Canadian fine, in :Minneapolis, and it likewise being desirable that the mills so as to secnre as larO'e a hare of this crop as possible. This should continue to maintain that price, does my frjend believe it wheat would come into our markets ·at a freight rate little if any would be good policy to follow a course which tends to cripple higher than that allowed North Dakota and northern Iinne3ota. and to eventually destroy those milling interests? The wheat would be bought at a less figure than it could on this Mr. VOLSTEAD. It is only by having intense competition for side of the line, as this part_of Canada is essentially new and an the wheat that we maintain that price. Otherwise it would not undeveloped country, where competition would necessarily be very e:dst. I contend that there is an abundance of wheat not only in sma.ll. In the past grain in the Canadian Northwest has usually the Northwest but within almost as easy reach from the South been 8 to 10 cents per bushel lower.than on thi side of the line. a from Canada. They have lately bought millions of bushels of This fact comes to me from people living along the Canadian line wheat from Kansas City, a~d I would rather that they should get whose word I have no right to doubt. - that wheat from Kansas Citv on this .side of the line than up in While my colleague practically recognizes that the demand in Caua(1 a. [Applause on the Republican side.] the Northwest has raised prices, and that this demand could As I was just saying, it is not disputed that local conditions, readily be satisfied from Canada, he justifies his position by con- ' the intensity of local competition, have raised prices from 4 to 5 tending that the wheat in the Ame1ican Northwest is rapidly cents -per bushel. This would mean to the farmers of Minnesota deteriOTating in quality, and that unless we are able to obtain from and the Dakotas an increase in the value of tne wheat crop for the Canadian No1'thwest a supply of wheat strong and rich in 1902 of some eight or nine million dollars, but I do not believe gluten, such as is now raised in the Northwestern State ,. the that sum measures even by half the real increase in prices. millers of Minneapolis will not be able to maintain the reputation In connection with the complaint made by the Minneapolis of their flour; and he asks with a great deal of earnestness what will Chamber of Commerce of the fact that the millers are compelled become of the farmers of Minnesota when Pillsbury's ''A" flour to pay an extra price to secure a sufficient quantity of wheat, they loses its reputation in its world-wide market. This contention -say: has no merit. According to this same report of the Minneapolis There is a.n immense field north of the border that is especially adapted to Chamber of Commerce the three Northwestern States produced wheat growing. That promising fi eld lies in Manitoba and the Provinces of in 1902 about 200,000,000 bushels of wheat. Nearly all of this was Assiniboia, Saskatchewan, and .Alberta. By railroads already in operation a. great part of the vast field in the provinces named lies nearer to Minneapolis of the quality described as strong wheat, rich in gluten. About than to any lake port. It follows that this great tract of wheat land may be twenty million of this would be retained as seed and some thirty made available to the Minneapolis mills if the fictitious theory of a tariff at to forty million consumed in other mills, leaving approximately the border can be overcome. 140.000.000 bushels a-vailable for the Minneapolis mills. Nearly This tariff is not nearly as fictitious as they try to make us be­ eighty-n i.!le million reached Minneapolis, out of which more than lieve. That is, they recognize and say in almost so many words twelve million were reshipped. Forty-two million bushels of the that if the tariff now imposed against the importation of Canadian very best of this wheat were shipped to Duluth and Superior, and wheat should be removed this great demand for wheat would be from thera reshipped farther ea t, not to mention that large quan­ supplied and there would be no necessity of paying the extra price. tities of this wheat went to Chicago, Milwaukee, and other mar­ Mr. LIND. I will ask my colleague whether it is not true that kets. It is idle to contend that the wheat is not there. Even this under existing law our millers can import all the wheat they de­ year, with a crop somewhat less than last year, there is an abun­ sire from Canada and mill in bond? dance for the mixing process. The real meaning of this complaint Mr. VOLSTEAD. I am coming to that. is not that there is any real scarcity of wheat. It is not to maintain :Mr. LIND. · That is a fact, is it not? the standard of the Minneapolis flour in the so-called world's Mr. VOLSTEAD. Yes. I am glad they can. I ain perfectly ma1·ket, but it is to secm·e wheat cheaper than it can now be ob­ ·willing that American labor should have the opportunity to mill tained and for the purpose of selling the flour at a less price in every bushel of it. I am perfectly willing that American rail­ competition with the Ame1ican product. The market for Pills­ roads hould carry every bushel through thi~ country, but I am bury's "A" flour is not to any great extent in foreign countTies. not willing that they should leave any of it here for consumption The market for that flour is in the United States. Out of in thi country unless they pay the tariff, and they can not as the 16,216,105 barrels produced in 1902 only 3,41 0,400 was exported, a law stands. decrease of 1,300,000 barrels in two years. and I am unable to ascer­ '1\fr ..LIND. Will the gentleman yield to another question? tain that any ~as exported last year-perhaps a little to the Orient. Mr. VOLSTEAD. Certrunly. It is not for foreign export that millers ask for Canadian wheat. Mr. LIND. Do you not believe that so long as the United They know full well that they can obtain and grind in bond all States is an expqrting country of wheat and flour that for every the Canadian wheat they desire for export. The law allows th at barrel of flour and the wheat producing that b'arrel of fiom·, now, and these mills avail themselves of the privilege. What that comes from Canada and is ground at Minneapolis-that or they want and what they are pleading for is to sell this Canadian another barrel of flour will be exported from some section of our· flour in our market in competition with the product of the Ameri­ country? In other words, is not this true, that every barrel of can farmer. They do not want to pay the price paid the farmers flour manufactured in the Minneapolis mills which is now con­ whose wheat is shipped to Duluth, but they want to .go farther sumed at home instead of being exported simply results in the north, into the Canadian market, where it can be bought cheaper, export of another barrel of flour from some other section of the ,and haul it right through the fields where Duluth gets its supply. country-probably winter wheat? The ultimate question is its If it is true that the Canadian wheat is of betttlr quality than effect upon the foreign trade. ours, and thattherejsin prospectaninexhaustiblesupply,asiscon­ Mr. VOLSTEAD. No. sir. Canadian flour left in our market tended for by my colleague, then it behooves the American farmer will depress prices here and satisfy the intense local demand, which to insist upon protection. To admit fi·ee such wheat could have .

1904. CONGRESSIONAL RECORD- HOUSE. 1591

but one result. The people of this country will not be satisfied by is, as I have said, one of the greatest markets in the world. It is getting any mixture; they will demand the best, and there will be this market that I desire to preserve for the farmers of theNorth­ hundreds of mills ready to supply that demand. Instead of a de- west. Canada has nothing like it to offer. The proposition made mand for American wheat there will spring up a demand for Cana- is to trade this immense market for what? For nothing. To do dian wheat. This is the market where the highest and best grades so would certainly be the height of folly. Canada has nothing to can always be sold. This Canadian wheat would take the place of offer that could even in a slight degree compensate us for this our wheat, and ours would be compelled to seek another market. opportunity. We al.Teady supply Canada with a very large share To-day the products of the northwestern mills are largely sold of her manufactured products. She will not and can not afford in America, and the farmer is getting an extra price on that to withdraw protection to her factories. Canada has a surplus­ account. The proposition is to largely deprive him of this mar- for export of oats, barley, rye, hay, butter, eggs poultry, and ket. Do you think the farmers of the Northwest are ready to cheese, and is in a position to rapidly and enormously expand its do this without a murmur? To do it would be absolutely unfair. surplus if given a market in which to dispose of it. In none of They have in times past been compelled to pay as high as 50 these articles do we produce much of anything for export. As to cents per bushel to place their wheat on the Liverpool market, these items, no one can seriously contend that the very small pro­ and have patiently waited and hoped to secure a market nearer portionofthetotalproducts which weexportwouldshowthatthe home. To that end they have submitted to a tariff on lumber, coal, tariff is ineffectual. - and a thousand other articles which they greatly need, and now To give some idea of the vast importance of these items let me when the day has come when this market has been created and the call your attention to a few facts. This country produces almost tariff on wheat is of some value to them it is proposed to repeal it a billion bushels of oats annually. About 165,000,000 bushels and destroy the value of this market, and if the tariff on wheat enter the channels of trade. Chicago alone handled 90,000,000 can not be repealed, tochangethelawinregard to shipping in bond, bushels in 1901. Canada could supply a large share of that. We so that wheat can be ground here for reshipment, but allowing the produce about 135,000,000 bushels of barley, of which Wisconsin, bran and shorts to remain free of duty in competition with like Minnesota, and the Dakotas raised about 70.000,000 bushels. products in this country, and with corn! oats, and other feed Very little of the barley produced in the Northwest is exported. products. Thepeople •)fMinneapolishavereceivedinfullmeasure .Some is exported from barley raised on the Pacific coast. the benefit of protection, and it is nothing but fair that they should Canadian barley would create a surplus and depress prices. allow the farmers their share. Labor will not begrudge their co- The flax of the United States is largely raised in the three workeTs on the farm a living profit. The reason for the shrinkage Northwestern States, and is consumed there and in_p oints along in wheat areas of this country is not the lack of suitable soil and the Great Lakes. Only a small amount is exported. Hay is one climate, but it is the fact that it does not pay, and if there is any of the important crops. Chicago received of this crop 191 ,000 class of people that needs the fostenng care of a protective policy tons in 1901, neaTly all of which was consumed there. Chicago it is the farmer engaged in raising wheat. The sneer indulgeu in received the same year almost 8,000,000 bushels of potatoes, of against the tariff upon wheat as of no value since we produce a which it reshipped 2,000,000 bushels. It received the same year smplus does not do away with the admitted facts; the tariff does about 3,000.000 cases of eggs, of 30 dozen to the case, and consumed shut out the Canadian crop for domestic consumption, and it does 2,000,000 cases, worth between twelve and fifteen million dollars. have a tendency to strongly intensify the competition in the Chicago received that year almost 25±,000,000 pounds of butter, Northwest. Let me apply the logic of that sneer to the argument most of which was shipped East for consumption. Practically no against the steel schedule. My colleague says that schedule is butter is exported. Chicagn the same year received 116,000,000 unnecessary, as we produce a surplus in steel goods almost as pounds of cheese. Aboutone-halfwasreshipped. Chicagoalone great as our surplus in wheat. He'complains bitterly against the consumes 10,000,000 bushels of wheat annually. These are a few schedule on steel and denounces it as a graft schedule. raising of the items that would be affected by Canadian competition. In price . No doubt this schedule has some effect in maintaining many localities the Canadian Northwest could readily and at a prices, but the raise can no more be measmed by the schedule in greater profit supply the demand than could the farmers of the one case than the other. The object in each is to preserve the United States who are now supplying it. Over the Great Lakes American market forthe farm.or factory. the Canadian Northwest can reach theAmericanmarketfor these Mr. LIND. But is it not true, if my colleague will permit, products ea ier than can the farmers of the Southwest. Then, that we import steel? We are an importing country so far as again~ the farmers of the Canadian Northwest can afford to pro­ iron is concerned, but we are an exporting country so far as wheat duce these things for sale at a less figure than can tile people of and agricultural products ·are concerned. the United States. Most of the wheat which reaches Minneap- MT. VOLSTEAD. We imported some grain. The relative dif- olis, Duluth, and Superior is raised on land worth from $25 to ference between the import and export of wheat, as compared $50 per acre, while the land in the Canadian Northwest is worth with the import and export of steel is not so very great. from $5 to $10 per acre. Interest alone upon the excess valuation I shall pass by as worthy of practically no consideration the of our land above that of Canada will almost equal 10 cents a contention that it would help the American farmer to have the bushel on wheat. Canadian wheat come into this country, so that it could be offered By an economic law the price of a product naturally tends in European markets as part of our crop instead of having it toward the lowest limit of profitable production. This law tends offered by the Canadians in competition with ours. There is no to eliminate from the field of competition sections not favorably law which prevents the Americans from purchasing and shipping situated for -the production of an article. _We have a striking free of duty through the United States to foreign markets every illustration in this country of the effect of this law. The East bushel of Canadian wheat. Then, again, our crop is not offered was originally agricultural like the West. Its lands were worth as one crop. Hundreds of dealers are offering American crops. as much and generally more than western lands are at present; It it the visible supply which has the largest effect upon the for- but the development of the West di·ove eastern farmers out of eign markets, whether that supply be on this side of the line or business, their lands fell enormously in price, and thousands of in Canada. farms were practically abandoned. The newer and richer quality It is claimed that there is no difference in the character of the of the western lands made it possible for the West to successfully people or in the industrial conditions of the United States and compete with the East despite the handicap in freight charges. Canada that requires a tariff to shut out Canadian products. In It is claimed that the land in Canada has this same advantage this claim I believe my colleague is greatly mi&taken. I believe over om western land. Are we going to repeat the experiment? · there is a vast difference, which not only .justifies but requires a I tell you, sir, I have no ambition to build up Canada, and I am protective tariff. In the first place, Canada produces no agricul- not going to do it at the expense of this country. Open the mar­ tural products that we do not also produce in sufficient quantities kets of, this country to the Canadian agricultural products and for home consumption. I would challenge anyone to name a single that country will build up very rapidly. People will go there by agricultural product that we need to import from Canada. The thousands and tens of thousands where they now go by hundi·eds. importation from Canada of any agricultural product simply They would increase exports of agricultural products very rap­ takes away from the American farmer an opportunity to sell for idly; but leave them alone and let them build their own markets consumption the same article. as we have been co:tnpelled to do, and we will retain our own Canada is essentially an agricultural country. It has very few people, avoid ruinous competition, and help develop this country. cities, and what cities it has are readily supplied from the local We do not owe Canada anything; .she pays us no taxes, owes us no territory surrounding them. The situation on this side of the obligation, and there is no reason why she should be favored. All line is vastly different. Along the Great Lakes and in theNorth- appeals for sympathy with Canada appear unnecessary. My east Atlantic States are, as I have said, 20,000,000 to 30,000,000 sympathy is with this country. - people dependent in a large measure for their subsistence upon It is perfectly evident that the question of free trade in wheat the agricultm·e of distant States. Canada can see south of her, is not local in character, but one that affects agricultme through moving along upon the Great Lakes and railway systems, hun- the whole country. Turn, if you please, to the statistics on agri­ dreds of millions of dollars' worth of agricultural products seek- I culture, and you will find in the years past that whenever the ing a market in the great industrial centers of this country. It price of corn or wheat has been low there has in the years follow- 1592 , CONGRESSIONAL RECORD-HOUSE. FEBRUARY 3,

ing been a decrease in acreage of the low-priced crop and a cor- this House much longer than I ought to, and must make amends responding increase in the acreage of other crops. A high price by closing in a few minutes. . rapidly increases the acreage and a low price decreases it. Allow This is not a question of Canadian reciprocity, 'though I find it the CaiJ a'lian Northwest to produce our wheat and the American is called such by persons who are anxious to conceal the real Northwest will go into stock raising and dairying. · Nearly all issue. It is an effort on the part of local interests to hide under of this country can now raise corn successfully. the name of reciprocity their demand for free trade for certain Minneapolis and Detroit are the two great exponents of Canadian Canadian products, and I find them cracking the party lash with free trade, and sEe in Canada great possibilities for the future. In great vigor, evidently to prevent discussion. - almost the same language they condemn the tariff and argue that I notice in the St. Paul Dispatch, one of the largest Republican trade is naturally along lines of longitude north and south instead newspapers in my State, an editorial in which it makes an atta.,k of east and west. They seem to think that we are violating na- on me personally. It sneeringly suggests that I am going to de­ ture slaw and committing a Clime against its decrees. This is fend my farmer constituents against" that avalanche of wheat," one of those generalities which has in it enough of truth to be which the late Hon. C. K. Davis predicted would come rr m deceptive. Trade must of necessity be between sections of coun- Canada in case the tariff was removed. This paper promptly try that have products for exchange. The people who produce reads me out of the Republican party if I oppose what it choo es and consume nearly all of the exchangeable commodities live in to call" Canadian reciprocity," and suggests that the day of retri­ the temperate zones, which extend east and west around the world, bution is at hand should I have the temerity to oppose it. I am and trade as a consequence is naturally east and west. not disposed to be driven. In the discharge of my duties I am The market for the surplus agricultural products of the United not going to allow the St. Paul Dispatch to dictate my c u e. States and Canada have got to go east to Europe or west to the In this very remarkable edit-orial the paper clearly shows its Orient. The surplus wheat and farm products of the great in- ignorance not only of my attitude but also of the real question terior basin of this continent seeks the ocean over the shortest at issue. It claims that all the protection the tariff affords the and cheapest routes. The Northwestern States find the Great farmers is one-fourth of 1 cent p.~r bushel. This one-fourth of Lakes and the northern railroads. running east and west, the 1 cent is what is paid for the privilege of milling in bond for . highways for its commerce. The Canadian Northwest is acces- foreign export, and has nothing whatever to do with importa­ sible to the same lakes and has railway systems similar to ours tion of wheat for home consumption. It is well aware that overwhichitscommercecanbemoved. Asawhole aleorjobbing theTe is·a duty of 25 cents per bushel imposed on wheat im­ center Minneapolis can not expect to retain Canadian business. ported for home consumption and that it is against this duty that As soon as Canadian business in theNorthwest assumes any large the millers and their friends are contending. No one objects to proportions distributing centers will be established there. against have Canadian grain come through the American market or to which :Minneapolis can not compete, for they will have the ad- have it ground there. provided it is exported to foreign countries vantage of cheaper rates. A rule now fixed in railroading grants for consumption, but we do strenuously object to have it brought a very cheap rate to these distributing centers as compared with here for home consumption in competition with the home products the local rate. It is this law that necessarily limits the territory of our own people, and it is not fair to mislead the public as to the of each city, no matter how ambitious. These centers are found real issue. · scattered within three or four hundred miles of each other all The St. Pa·nl Dispat.ch does not determine what is Republican through the old settled communities. The same rule will apply doctrine in Minnesota. No Republican convention has ever de­ and build in Canada large towns that will reach out for trade, clared for its so-called reciprocity. When this question was sub­ even in territory now controlled by Minneapolis people. The mitted to the last legislature in the State, which, by the way was factory for bu'ilding farm machinery will do there just as it has overwhelmingly Republican, it refused to agree to it, and I can ee done here. It will find a location in some of their wheat fields. no good reason why it should have indorsed it. The State as a The loss in the home market would be infinitely greater than the whole is largely agricultural. Its cities and vi~lages depend for · gain from the Canadian market. their growthandfor~heirprosperityupon the agriculturalclasses. In view of the attitude of Chamberlain in reference to a pro- No one can point out how the agricultural element of the United tective tariff against the importation of our wheat into England, States can be benefited by having free trade with Canada. They it would seem the height of folly to open up our markets for the can not obtain from Canada agricultural implements or mann­ importation of Canadian products. Should the policy succeed, we factured products to any extent, as Canada does not supply its may have to depend very largely upon our own market to afford own markets, but are dependent upon the United States and Eng- the farmers a living profit. land -to supply them. Almost the only articles Canada has to [Here the hammer fell.] offer that we need are coal and lumber and I shall be glad to vote Mr. HITT. I yield the gentleman whatever time he may need for free lumber and free CQal. I do not believe any duty should to conclude his remarks. be levied upon those articles. Lumber is now eight to ten dollars Mr. VOLSTEAD. The time has come when there are practi- per thousand higher than ten years ago, though the saw logs pay cally no new areas of agricultural land open for settlement. no tariff duty and lumber pays but $2 a thousand. Coal is largely · Nearly every foot of land less than 2,000 feet above sea level has a monopoly. and it is perfectly evident, from last year's experience been settled. In the future our increase will depend upon what while free, that it needs no protection. There are other schedules we shall accomplish by irrigation. The Secretary of Agriculture, that I would like to see reduced ana adjusted to suit present con­ in the Yearbook for 1902, calls attention to this fact. The increase ditions. But I am not going to discuss the tariff at this time. in population and in the demand for wheat is more rapid than the If reciprocity with Canada can be had that will afford fair treat­ increase in the supply. For twenty years prior to 1897 there was ment of all classes, I shall be glad to support it at any time. If practically no increase in. the United States. This may seem ·we can do anything toward building up trade with Canada with­ strange to people living in the great wheat belts of the West sore- out doing our elves more· harm than good, I shall be glad to see cently developed, but while the people in this newer country weTe it done. I believe in the reciprocity of Blaine and McKinley, breaking up the virgin soil people in the older States were turn- reciprocity in noncompetitive goods, but not in reciprocity in ing their wheat fields into pastures, corn, or other crops. Dur- competitive goods, which is simply free trade. I believe in the ing that twenty years the wheat area was approximately 38,000,- beneficent policy of Republican protection under which this coun- 006 acres occasionally reaching 40,000,000 and dropping almost try has prospered so marvelously, and under which the farm has to 34,000,000. The acreage rose and fell as the price of grain rose secured this immense home market, but I do not want that mar­ and fell. During the last few years the deve-lopment in the West ket traded away for the benefit of the milling and jobbing inter­ has considerably increased the acreage; still the situation is such ests of a few cities on the border. To take from the farmer this that unless wheat prices allow a living profit the acreage will market without giving him anything in return, as is proposed, is shorten up so as to leave no surplus. The increase in the wheat · absolutely unfair and unjust. acreage in the last six years of 10,000,000 acres has been largely_in I now want to thank the House for the kind indulgence it has the semiarid region. It is this increased acreage that raised the shown me. [Applause.] 150,000,000 bushels or thereabouts that we exported la-st year. Mr. DINSMORE. I yield ten minutes to the gentleman from Cattle raising will no doubt be found a much safer industry upon New York [Mr. HARRISON]. this class of land, and the change is likely to come very soon. Mr. HARRISON. Mr. Chairman, I have asked for a few min- - Still there is no danger of any real shortage of crop. England utes to discuss at this time a subject which is somewhat germane and Germany produce almost twice as much wheat_to the acre as to the diplomatic and consular appropriation bill. I refer to the we do, and there is no doubt that we can largely increase the pro- insulting treatment by the Empire of Russia of American citizens duction wh~mever there is any real demanu for it~ but so long as who are Hebrews and who-come to that Empire with American wheat remains as cheap as it is farmers can not afford to expend passports. the necessary sums for labor and for fertilizers needed for that pur- Now, I have asked for but a brief time in which to discuss this pose. subject, not because I fail to recogni?;e the importance and gravity I feel that I have already trespassed upon the good nature of · of the subject, but because it will be presented to yon later in this 1904. CON GRESSION .A:L RECORD-HOUSE. 1593 session, with much more ability and much more eloquence than I only exists: that he is not allowed to live except in certain cir­ can summon, by my distinguished colleague, Mr. GOLDFOGLE. cumscribed places; that he is not permitted to enter into certain He has introduced a resolution which is now before the Commit­ occupations; that he is not allowed to have his children educated, tee on Foreign Affairs ·and which I wish to incorporate in my except in a very small proportion at each univer ity. remarks. For that purpose I should like to have it read by the We know that thay are crowded along the border in poverty Clerk. and abject distress in many places. In spite of all that, I believe The Clerk Tead as follows: the treatment of this unhappy race is due to fear on the part of Resolved, That it is the sense of the people of the United States that uni­ Russia that if they were to take the Jews int0 the body politic, form treatm£~ntand protection should beaccorded to every American citizen, assimilate them into their Empire, and make them a part of their regardless of race or creed~, when traveling or sojon:rnin~ abroad, and that citizenship, within two generations the Jews would be the owne: s every earnest effort shoula be made by the executive aepartment of this Governn:ent to secm·e from the Imperial Government of Russia such uni­ of all the Russias. formity of treatment and protection, especially in the recognition and honor­ Now, it is not my purpose to enter into a discussion of the whole ing of the passports held by our citizens, to the end that there be no discrimi­ Jewish question here. That is entirely extraneous to the subject nation made by the Government of Russia between American citizens on the ground of their religious belief or faith; and the President of the United of the remarks that I wish to make. But I wish to merely ay States is hereby respectfully requested to take such steps and cause such that from extensive travel myself in Russia-and I have no desire diplomatic negotiations to be set on foot a.s may tend to secure, through to abuse Russian hospitality-! have myself seen some of the con­ means of treaty or otherwise, the honoring and the uniform recognition by the Russian Government and its authorities of American passports, irre­ ditions as to which the Jews of the United States of An:erica spective of the religions faith or denomination of their holders, to the end make complaint. I have myself fortunately escaped from wit­ that every law-abiding citizen provided with a passport dnly i~ued by this nessing those scenes which shocked and filled all the civilized Government shall, regardless of what may be his race, creed, or religious faitht have freedom in traveling and sojourn in the territory of Russia, sub­ world with horror. ject to such provisions in any treat¥, between the Uirited States and Russia I refer to the massacres at Kishenef-outrages upon the Jews­ as are not inconsistent with the spirit an~ intent of this resolution. where men were stricken down before their families, where 1\lr. HARRISON. Now, Mr. Chairman, I think we can all see women were violated and torn to pieces, and where babes were that there is here no question of partisanship. I think, further, dashed against the nearest doorpost-all simply because they were that this is not a question of race or of religion, but simply a Jews and had invited the religious antipathy of the self-styled question of Americanism. It has always been so regarded and Christians of Russia. I do not refer to this to create any strained so treated by the Ad:rrrinistrations, both Democratic and Repub­ feeling between the two countries, but simply to illustrate the lican, which have taken up this question in the past with more or fact that under the treaty which now· exists Am~rican citizens less energy. · of the Hebrew faith in Russia have no more protection under the I have no desire to criticise the present administration in the law than those people who suffered the massacres at Kishenef. State Department upon this subject. Nor do I believe that the If they have any protection at all it is from a little respect for the Hebrews of this countryhaveanythingbutgratitudeforthecour­ American battle ship, or perhaps I might say their desire for the . tesy and attention that they have received when bringing this political friendship of America; and that is all, so fa-r as the law subject before the Department; but, at the same time, to an is concerned. American citizen who applies at our State Department fora pass­ Now, Mr. Chairman, it is almost impossible to realize that here port to journey in Russia it is a striking thing to be confronted in the twentieth century a man may start forth from ·this land with a circular, of which I am going to read one clause: of religious liberty, equipped with a passport ornamented with The laws{)f Russia also exclude from Russian territory, except by special the great seal of the Department of State, and when he gets to permission, all people of Jewish faith, and while this Government has been the borders of Russia, a nation with which we are at peace and endeavoring for some years past to secure a relaxation of this enactment it for whOJ? we have a traditional friendship, he is stopped, he is is only proper to warn those who are within the category to which they ~a­ fer that it has not yet been able to secm·e from the Russian Government a questioned, he is humiliated, and in all probability he is excluded promise of uniform treatment for all American travelers in Russia without admission to the Empire. regard to their religions faith or place of birth. Whatever may have been his reasons for going there, whether That is a very weak admission on the part of a sovereign power a tender feeling of affection for his family there or a desire to the United States of America, that they can not secure equai have business relations with the Russian Empire, or whatever his recognition for all of their citizens while traveling abroad. circumstances in life, whether he be of American stock which I am informed that the present Russian ambassador has ex­ took -part in the Revolutionary war or whether he be the once pressed his willingness to aid as well as he can in the solution of simple peasant returning now to visit his native village in Russia, this vexatious problem. But we might as well wait for an ice­ he is still an American citizen, and we ought to demand that he berg to drift complacently across the equator or for the bear to receive equal recognition with all other American citizens when change his bland and child-like nature as to wait until Russia they reach the Russian Empi.Te. [Applause.] shall take the initiative in a foreign policy entil:ely contrary to I have said, Mr. Chairman, that this is not a matter of partisan­ the internal administration of that Empire. ship. I wish to amend that in so far as I believe it is the Demo­ What we need is another example of the new diplomacy-the cratic~ party that has always accorded the most favorable and American diplomacy which always tells the truth; goes straight equal treatment to foreigners when they transport their lares and ahead and gets what it wants. penates into this country. Ever since the days of Thomas Jeffer­ I would like to read a clause from the treaty which was con­ son, the father of religious liberty in this country, we have been cluded between the United States of America and the Emperor of devoted to the cause of foreigners· who arrive here. Up there all the Russias in 1832: upon the historic mountain at Monticello beneath the trees is the ARTICLE I. simple monument under which lies the body of Thomas Jeffer­ son, containing a few plain words on it summing up his career in ~here sh~ll be ~etween the territori~ o! the hig~ con~acting parties a reciprocal liberty of commerce and naVIgation. The mhabitants of their re­ life. spective Stll: tesf:>hall mutually have liberty to en~r the ports, places, and rivers The chief among those; I believe, he himself would have consid­ of the terntories of each party wherever forrugn commerce is permitted. ered the fact that he was the father of religious liberty in Virginia. Tber, sh.all"J?e at liberty to sojourn an~ resirl:e in all parts whatsoever of said territories, m order to attend· to therr affrurs, and they shall enjoy to that Ever since his day our party has welcomed to this country and as­ effect the same security and protection as natives of the country wherein similated within our ranks all foreigners of every race and of every they reside, on condition of their submitting to the laws and ordinances there religious belief. We have learned from each one- of them some prevailing, and particularly to the regnlations in force concerning commerce. lesson of patience or industry or economy or virtue or patriotism. Now, Mr. Chairman, I do 'not know whether anyone in the And that is why, Mr. Chairman, I hope that when this resolu­ Government at the time of the negotiation of this treaty knew tion, which is now before the Committee on Foreign Affairs, if it anything about the internal affairs of the Empire of Russia. I receive their favorable consideration, comes before this Houses should judge not, from a small piece of history that has come every Member of the House of Representatives, irrespective of down to us in connection with my distinguished but erratic kins­ what _religious belief he himself may have, will unite upon the man, John Randolph of Roanoke. Some two years before this common gro~nd that American citizens, ~hatever their religion, treaty was negotiated he was sent as minister to Russia, but after whatever therr race, whatever their creed, are entitled to equal he had spent three weeks there he came back in disgust because, representation and equal recognition when abroad. [Applause.] as he complained, the people on the streets of St. Petersburg Mr. GOULDEN. Mr. Chairman, the report of the Committee laughed at him. 1 suppose he had as much idea as anybody at on Foreign Affairs making appropriations for the diplomatic and that time in America of the internal affairs of the Empire of consular service is in such able hands that I shall not say anythinoo0 Ru sia. on this subject. Moreover, we had at that time no considerable body of Jews On thi.& occasion, however, I desire to address a few words on living in the United States as American citizens who could safe­ the subject of pensions. I have heard the criticisms of the gentle­ guard the interests of that race in the treaty. Since that date men from Tenne~see [1\Ir. GrnsoN], Indiana [Mr. MIERs]. and matters have changed very much, and we know now, if we did other States on, the management of the Bureau of Pensions. not know then, that in Russia the Jew is not a citizen; that he While I admit there are grounds for the same, I am forced, in 1594 CONG RESSION .A L RECO RD-H 0 USE. FEBRU-:A-RY 3, common justice to the present Commissioner of Pensions, to differ Every churchyard in the loyal part of the country receives weekly additions to the new-made mounds which dot its surface, and these rise above g:allant from my colleagues on this subject. breasts that once stood in the front of battle when the nation's life was In an experience of more than a year, and with a large number assailed. of cases, I have had the greatest courtesy and kindness shown me Every day in _the week hundreds of church bells, somewhere in the land, toll out the sad announcement of the passing of one of the nation's heroes. at all times. It is therefore a duty as well as a pleasure to place The wail of the bereft widow rises hourly somewhere. The tears of the myself on record as to the Bureau and to commend it for the fa­ orphans fall in perpetual rain. cilities afforded .to secure final action on cases presented. This, above all other reasons, is why Congress should waste no time in pass­ ing a service-pension bill to give to these dying men and to those on whom I also desire to express my gratitude to the head of the Record Death has set his fatal seal some measure of the nation's gratitude and and Pension Office of the War Department for the courteous and justice. efficient manner in which the public business of that office has Every week sees a full regiment of men that were once the pride and hope of their country mustered out by that fell sergeant, Death. been dispatched. Every month the country loses a full, strong brigade of men who in their Now, a few thoughts on the matter of pensions. Aside from prime were unequaled soldiers. Every year sees pass away a stronger army the justice of the Government caring for those who saved the than that with which Rosecrans breasted the rebel hordes on the sa.nguirul.-cy hills of Chickamauga, a larger army than that with which Grant attacked nation, who sacrificed their health and faced death on the battle­ Vicksburg or Sheridan cleaned up the Valley. Nearly twice the army that field, is the fact that the amounts paid in pensions yearly is a Grant commanded at Shiloh or Rosecrans at Stone River yearly passes into great and lasting benefit to the country. These small sums go "Those low, green tents whose curtains never outward swing." That between 50,000 and 60,000 veterans die every year is the very best pos­ into hlmdreds of thousands of households, and every community sible index of the physical condition of those who survive. The living are is benefited by these quarterly payments. Much of the prosper­ physically but little better off than those who SS, print re2 arks upon the consular and diplomatic appropriation any argumentB, any editorials, is the simple fact that over 50,000 veterans bill for five legislative days. · are dying every year. That is, the setting of every Saturday's sun is noted by the eyes of fully Mr. IDTT. Can we agree upon the tinie when general debate 1.000 fewer veterans than greeted his rising the previous Sunday morning. shall close? 1904. CONGRESSIONAL RECORD-HOUSE. 1595

Mr. DINSMORE. Well, Mr. Speaker, I think I shall want two additional land office in the State of North Dakota, reported the hours mor·e on this side. We could not anticipate the discussion same without amendment accompanied by a report (No. 703); that we got into this morning. which said bill and report were referred to the Committee of the Mr. HITT. Then we will try and agree upon that in the morn­ Whole House on the state of the Union. ing. Mr. POWERS of Maine, from the Committee on the Teni­ Mr. WILLI.AJ\-IS of Mississippi. - Mr. Speaker, we have hitherto tOlies, to which was referred the bill of the House (H. R. 7274) several times had confusion when the word " days " was used by to amend section 76 of an act entitled "An act to provide a gov­ itself. I suppose the request is for calendar days. ernment for the Territory of Hawaii," reported the same with­ The SPEAKER. "Legislative days" is the way the request was out amendment, accompanied by a report (No. 704); which said put. bill and report were referred to the House Calendar. Mr. WILLIAMS of :Mississippi. I am not particular about it, Mr. CUSHMAN, from the Committee on Interstate and For­ Mr. Speaker, but I want it put one way or the other. eign Commerce, to which was referred the bill of the Senate :Mr. HITT. Is it not true that when a motion is put for so (S. 3341) authorizing the city of Nome, a municipal corporation many days it is construed as legislative days and not calendar organized and existing under chapter 21, title 3, of an act of days? Congress approved June 6, 1900, entitled" An act making further The SPEAKER'. That is a mooted question, but the House provision for a civil government for Alaska. and for other pur­ deals in legislative days. The Journal deals with legislative days, poses," to construct a free bridge across the Snake River at N orne and the RECORD appears only on legislative days. city, in the Territory of Alaska, reported the same without Mr. WILLIAMS of Mississippi. Mr. Speaker, I would like to amendment. accompanied by a report (No. 705); which said bill modify the request, making it calendar days. If I can be indulged and report were referred to the House Calendar. in a moment, I want to s.ay that I have a resolution before the Committee on Ways and Means to define what the word" days " by itself does mean. It has ne-ver been defined thus far. There REPORTS OF CO:Ml\IITTEES ON PRIVATE BILLS AND was a case wbere a gentleman got leave to print for two or three RESbLUTIONS. days before the adjournment on Christmas, and he printed two days after we came back. after everybody had ceased to look for Under clause 2 of Rule XIII, private bills and resolutions of the anything of that sort. There ought to be a limit to matters of following titles were severally reported from committee delivered that kind. I do not care which adjective is put in but I shall to the Clerk, and referred to the Committee of the Whole House, insist that one adjective or the other shall be used, either legisla­ as follows: tive or calendar day . If the gentleman wants the request for Mr. GIBSON, from the Committee on Invalid Pensions, to legislative days, I have no objection providing it goes in. which was referred the bill of the House (H. R 4540) granting a Mr. HITT. I will ask that the request be for five legislative pension to Amanda Skinner. reported tbe same with amendment, days . . accompanied by a r eport (No. 674); which said bill and report The SPEAKER. Is there objection to the modified request? were refened to the Private Calendar. I· (After a pause.] The Chair hears none. Mr. HOPKINS, from the Committee on Invalid Pensions. to which was referred the bill of the House (H. R. 431 ) granting a AD.JOUR~.MENT. pension to David B. Wood, reported the same without amend­ Mr. HITT. Mr. Speaker, I move that the House do now adjourn. ment, accompanied by a report (No. 675); which said bill and r·e­ The motion was an-reed to; and accordin ~ly (at 4 o'clock and 53 port were referred to the Private Calendar. minutes p.m.). the House adjourned until 12 o'clock noon to­ Mr. CA.LDERHEAD. from the Committee on Invalid Pensions, morrow. to which was referred the bill of the Honse (H. R. 3769) granting an increase of pension to Clinton 1\I. Casey, reported the same EXECUTIVE COl\fMUNICA.TIONS. with amendment, accompanied by a report tNo. 676); which said Under clause 2 of Rule XXIV, the followinge:xecntive commu­ bill and report were referred to the Private. Calendar. nications were taken from the Speakers table and referred as Mr. SAMUEL W. SMITH, from the Committee on Invalid follows: Pensions, to which was referred the bill of the House (H. R. 6455) A. letter from the Secretary of the Treasury, transmitting a granting an increase of pension to Abraham W. Cochran, reported copy of a communication from the Secretary of Commerce and the same without amendment, accompanied by a report (No. 677); Labor submitting an estimate of appropriation for expenses of which said bill and report were referred to the Private Calendar. participation in exposition at Liege, Belgium-to the Committee Mr. CA.LDERHEAD, from the Committee on Invalid Pensions, on Appropriations, and ordered to be printed. to which was referred the bill of the House (H. R. 494:3) granting A. letter from the assistant clerk of the Court of Claims, trans­ an increase of pension to Thoma-s Morgan, reported the same with mitting a copy of the findings filed by the court in the case of amendment, accompanied by a report (No. 678); which said bill Hem-y Cooper, administrator of estate of Samuel Cooper, again t and report were referred to the Private Calendar. The United States-to the Committee on War Claims, and ordered Mr. SULLOWA.Y, from the Committee on Invalid Pensions. to to be printed. which was referred the bill of the House (H. R. 11227) granting A. letter from the Secretary of War, transmitting, with a letter an increase of pension to George W. Walls, reported the same from the Chief of Engineers, report of examination and urvey of without amendment, accompanied by a report (No. 679); which Horn Island Pass, Mississippi-to the Committee on Rivers and said bill and report were referred to the Private Calendar. Harbors, and ordered to be printed. Mr. SNOOK, from the Committee on Invalid Pensions, to which A. letter from the Secretary of the Interior, transmitting vol­ was refened the bill of the House (H. R. 10267) granting a pen­ umes 1 and 2 of the Revised and Annotated Statutes of Okla­ sion to Florence R. Russell, reported the same with amendment, homa-to the Committee on the Territories. accompanied by a report (No. 680); which said bill and report were referred to the Private Calendar. Mr. FULLER, from the Committee on Invalid Pensions, to REPORTS OF COMMITTEES ON PUBLIC BILLS AND which was referred the bill of House (H. R. 9791) granting a pen­ RESOLUTIONS. sion to Abram Claypool, reported the same with amendment ac­ Under clause 2 of Rule XITI, bills and resolutions of the follow­ companied by a report (No. 681); which said bill and report were ing titles were severally reported from committees. delivered to referred to the Private Calendar. the Clerk, and referred to the several Calendars therein named, Mr. SNOOK, from the Committee on Invalid Pensions, to which as follows: was referred the bill of the House (H. R. 10640) granting an in­ 1\Ir. PAYNE, from the Committee on Ways and Means, to crease of pension to Horace E. Wood, reported the same without which was referred the bill of the House (H. R. 4074) constitut­ amendment, accompanied by a report (No. 682); which said bill ing Utica, N. Y., a port of delivery, reported the same with and report were referred to the Private Calendar. amendment, accompanied by a report (No. 701): which said bill 111r. BRADLEY, from the Committee on Invalid Pensions, to and report were referred to the Committee of the Whole House which was referred the bill of the House (H. R. 10794) granting on the state of the Union. an increase of pension to Moses Hurlbut, reported the same with­ Mr. 1\icCA.RTHY, from the Committee on the Public Lands, out amendment, accompanied by a report (No. 683); ·which said to which was referred the bill of the House (H. R. 891) granting bill and report were referred to the Private Calendar. certain lots in Gnadenhutten, Ohio, to Gnadenhutten special Mr. GIBSON, from the Committee on Invalid Pensions, to which school district, reported the same without amendment, accompa­ was referred the bill of the House (H. R.10268) granting a pension nied by a report (No. 702); which said bill and report were re­ to Margaret E. Keller, reported the same with amendment, ac­ ferred to the Committee of the Whole House on the state of the companied by a report (No. 684); which said bill and report were ~~ - referred to the Private Calendar. Mr. LACEY, from the Committee on the Public Lands, to Mr. HOPKINS, from the Committee on Invalid Pensions, to which was referred the bill of the Senate (S. 1487) cr·eating an which was referred the bill of the ~ous~ (H. R. 10904) granting 1596 CQNGRESSION.AL - RECORD-HOUSE~ FEBRUARY 3,

a pension to Edson H. Crawford, reported the s~me ~th ~mend- A bill (H. R. 9405) granting a pension to Andrew LonO'-Com­ ment, accompanied by a repo_rt (No. 685); which sa1d bill and mittee on Invalid Ptnsions discharged, and referred to the Com- report were referred to the Pnvate Calendar. . - mittee on Pensions. Mr. LUCKING, from the Committee on Invalid Pensions, to A bill (H. R. 11578) granting an increase of pension to Gahriel which was referred the bill of the House (H. R. 859) granting an Stephens-Committee on Invalid Pensions discharged, and re­ increase of pension to Andrew Barr, reported the same with ferred to the Committee on Pensions. amendment, accompanied by a report (No. 686); which said bill .fo. bill (H. R.11646) for the relief of G€orge M. Smith-Commit.: and report were referred to the Private Calendar. tee on Military Affairs discharged, and referred to the Committee Mr. HOPKINS, from the Committee on Invalid Pen ions, to on War Claims. which was referred the bill of the House (H. R. 1801) granting A bill (H. R. 5725) granting a pension to Grace Dressel-Com­ a pension to James Allen, reported the _same ~th_ amendment, mittee on Invalid Pensions discharged, and referred to the Com- accompanied by a report (No. 687); wh1ch sa1d b1ll and report mittee on Pensions. · were referred to the Private Calendar. A bill (H. R. 11314) granting a pension to :Margaret Flynn- Mr. HOLLIDAY, from the Committee on Invalid P ensions, to Committee on Invalid Pensions discharged, and· referred to tke which was referred the bill of the House (H. R. 1179) granting Committee on Pensions. an increase of pension to Jasper Richey, reported the same with- out amendment, accompanied by a report (No. 688); which said bill and report were referred to the Private Calendar. PUBLIC BILLS, RESOLUTIONS, AND MEMORIALS. He also, from the same committee, to which was referred the Under clause 3 of Rule XXII, bills, resolutions, and memorials bill of the House {H. R. 1352) for the relief of Samuel McClure, re- of the following titles were introduced and severally referred as. ported the same with amendment, accompanied by a report (No. follows: . 6 9); which said bill and report were referred to the Private By Mr. BROWNLOW: A bill (H. R. 11669) to repeal certain Calendar. laws relating to permanent and indefinite appropriation-to the Mr. FULLER, from the Committee on Invalid Pensions, to Committee on Appropriations. which was referred the bill of the House (H. R. 1317) granting a By Mr. JONES of Washington (by request): A bill (H. R.116';'0) pension to Thomas E . .Mcintire, reported the same with amend- to authorize the Nome Improvement Company to open and im­ ment accompanied by a. report (No. 690); which said bill and re- prove the mouth of Snake River at N orne, Alaska-to the. Com- port ~ere referred to the Private Calendar. · mittee on Rivers and Harbors. Mr. SULLOWAY, from the Committee on Inv-alid P ensions, to By Mr. TAWNEY: A bill (H. R.11671) to provide for the per- which was referred the bill of the House (H. R. 36) .granting a formance, temporarily, of the duties of appraisers and assistant pension to Benjamin Pitman, reported the same with amendment, appraisers-to the Committee on Ways and Means. accompanied by a report (No. 691); which said bill and report By Mr. DENNY: A bill (H. R. 11672) to revise the laws of the were referred to t.he Private Calendar. United States relating to trade-marks-to the Committee on Mr. HOLLIDAY, from the Committee on Invalid Pensions, to Patents. which was referred the bill of the House (H. R . 83,9) granting an By Mr. DIXON: A bill (H. R. 116 3) for the survey and allot­ increase of pension to I. B. Wambaugh, reported the arne with ment of lands now embraced within the limits of the Flathead amendment, accompanied by a report (No. 692); which said bill Indian Reservation, in the State of :llontana, and the sale and and report were referred to the Private Calendar. · disposal of all surplus lands after allotment-to the Committee on Jllr. BRADLEY, from the Committee on Invalid Pensions, to Indian Affairs. which was referred the bill of the House (H. R . 8343) granting a By Mr. WILSON of Illinois (by request): A bill (H.- R. 11674) pension to Annie P. Erving. reported the same with amendment; to provide for the cla sification of t he salaries of clerks e~ploy ed accompanied by a report (No. 693); which said bill and report in post-offices of the first and second classes-to the Comnntteeon were referred to the Private Calendar. the Post-Office and Post-Roads. 1.1r. LUCKING, from the Committee on Invalid Pensions. to By Mr. S~IALL: A bill (H. R. 11675) to amend the navigation which was referred the bill of the House (H. R. 7999) granting laws and to secure the safety of vessels-to the Committee on the an increase of pension to David W. Williamson, reported the same Merchant Marine and Fisheries. without amendment, accompanied by a report (No .. 694); which By Mr. DIXON: A bill (H. R. 11676) to ratify and amend an said bill and report were referred to the Private Calendar. agreement with the Indians of the C"'row Reservation, in Montana, Mr. FULLER, from the Committee on Invalid Pensions, to and making appropriations to carry the same into effect-to the . which was referred the bill of the House (H. R. 7814) granting Committee on Indian Affairs. an increase of pension to James G. Andrews, reported the same By Mr. ADAMS of Pennsylvania: A bill (H. R. 11677) to pro­ without amendment, accompanied by a report (No. 695); which vide for the reorganization of the consular service of the United said bill and report were referred to the Private Calendar. States-to the Committee on Foreign Affairs. _ . Mr. BRADLEY, from the Committee on Invalid Pensions, to By Mr. GILLETT of Massachusetts: A bill (H. R.11678) relat- which was referred the bill of the House (H. R. 7712) granting ing-to the compensation of Members of Congress-to the Com­ a pension to Emma Crosier, reported the _same ;vit~ amendment, mittee on Appropriations. accompanied by a report (No. 696); wh10P. sa1d bill and report By Mr. CANDLER: A bill (H. R. 11679) requiring postmas- were referred to the Private Calendar. ters to affix stamps to letters when suffic ~ ent coin accompanies the 1\lr. HOPKINS, from the Committee on Invalid Pen ions, to letters to pay the postage-to the Committee on the Post-Offices which was referred the bill of the House (H. R. 7550) granting and Post-Roads. a pension to Caroline Hurley. reported th~ same_ wit? amendment, By ltlr. GILLETT of Massachusetts: A bill EH. R. 116 0) to accompanied by a report (No. 697); which sa1d bill and report regulate the payment of wages in manufacturing e tablishments were referred to the Private Calendar. operated by the United States Government in the States-to the Mr. SAMUEL W. Sl\IITH, from the Committee on Invalid Committee on Labor. -Pensions, to which was referred the bill of the House (H. R. 69~1) By Mr. DAVIS of Minnesota: A bill (H. R.11810) for the erec- granting a pension to James H. Weston, reported the Eame w1th . tion of a public building at Red Wing, Minn.-:-to the Committee amendment, accompanied by a report (No. 69 ) ; which said bill on Public Buildings and Grounds. and report were referred to the Private Calendar. By Mr. MORRELL: A bill (H. R. 11811) to amend the code of Mr. SULLOWAY, from the Committee on Invalid Pensions, the District of Columbia regarding corporations-to the Commit­ to which was referred the bill of the House (H. R. 6817) granting tee on the District of Columbia. a pension to Ro~a Glass, reported th~ am~ wi~h amendment, ac- By Mr. MARSHALL: A bill. (H. R. 11812) relating to applica­ companied by a report (No. 699); which said b1ll and report were tions, declaratory statements, entries, and final proofs under the refen-ed to the Private Calendar. homestead and other land laws, and to confirm the same in cer· He also, from the same committee, to which was referred the tain cases when made outside of the land district within which bill of the Senate (S. 2542) granting an increa£e of pension to the land is situated-to the Committee on the Public Lands. James E. L~rkin, reported the same without amendment. accom- By Mr. CURRIER: A-bill (H. R. 11813) to establish in tha De­ panied by a report (No. 700); which said bill and report were partment of Agriculture a bureau to be known as the Bureau of refened to the Private Calendar. Public Highways, and to provide for national aid in the improve- ment of the public roads-to the Committee on Agricultm·e. CHANGE OF REFERENCE. By Mr. BROWNLOW: A bill (H. R. 11814) to establish in the Under clause 2 of Rule XXII, committees were discharged Department of Agriculture a bureau to be known as the Bureau from the consideration of bills of the following titles; which were of Public Highways, and to provide for national aid in the im­ thereupon referred as follows: . . . provement of the public r oads-to the Committee on Aoriculture. A bill (H. R. 4194) granting a pens10n to Elizabeth Nellan­ By Mt. BART:GETT: -. Aresolution (H. Res. 199) of inquiry to Committee on Invalid Pensions discharged, and referred to the the Director of the Census relative to appointment under the act Committee on Pensions. · - · · of March 3, ·1903-to the Co:rrimittee on the Census. 1904 . . CONGRESSIONAL RECORD-HOUSE. 1597

By Mr. PEARRE: A resolution (H. Res. 2{)0) referring H. R. Also, a bill (H. R. 11710) granting an· increa ~ e of pension to 6066 for the relief of the heirs of John D. Clemson, with accom­ James F. Walsh-to the Committee on Pensions. panying papers, to the Court of Claims-to the Committee on By Mr. MOON of Pennsylvania: A bill (H. R. 11711) granting Claims. an increase of pension to .Jerome J. Hinds-to the Committee on Also, a resolution (H. Res. 201) requiring the Secretary of the Invalid Pensions. Treasury to reexamine settlement No. 5000,of 1884, reported by By Mr. NEVIN: A bill (H. R.11712) for the relief of Henry L; him in Senate Executive Document No. 5, Fifty-third Congress, Hawkins-to the Committee on Claims. third session-to the Committee on Claims. Also, a bill (H. R. 11713) granting an honorable discharge to Joseph Zuleger-to the Committee on Military Affairs. Also, a bill (H. R. 11714) to remove the charge of desertion PRIVATE BILLS AND RESOLUTIONS. from the record of James D. Moyer-to the Committee on Mili- Under clause 1 of Rule XXII: private oills and resolutions of tary Affairs. . the following titles were introduced and severally referred as Also, a bill (H. R. 11715) to remove the charge of desertion · follows: · from the record of Peter Ehrstine-to the Committee on Military By Mr. ADAMS of Pennsylvania: A bill (H. R. 11681) granting Affairs. an increase of pension to James H. V. Voldo, alias James H. Ve- Also, a bill (H. R. 11716) to remove the charge of desertion nier-to the Committee on Pensions. - from the record of Madison Waldron-to the Committee on Mili­ By Mr. BATES: A bill (H. R. 11682) granting an increase of tary Affairs. pension to David W. Davison-to the Committee on Invalid Pen­ Also, a bill (H. R. 11717) to remove the charge of desertion sions. from the record of Anton Smith, ;;tlias Charles Roehmer-to the Also, a bill (H. R. 11683) granting an increase of pension to Committee on Military Affairs. John H. Gross-to the Committee on Invalid Pensions. Also, a bill (H. R. 11718) to remove the charge of desertion from Also, a bill (H. R. 11684) granting a pension to Margaret Long the record of Albert W. Keller-to the Committee on Military Kim.mel-to the Committee on Invalid Pensions. Affairs. By Mr. BELL of California: A bill (H. R. 11685) to remove the Also, a bill (H. R. 11719) granting a pension to Elizabeth Mur­ charge of desertion against Henry Wilson and to grant him an phy-to the Committee on Invalid Pensions. honorable discharge-to the Committee on Naval Affairs. Also, a bill (H. R. 11720) granting a pension to D. M. Murray­ Also, a bill (H. R. 11686) to remove the charge of desertion to the Committee on Invalid Pensions. against Ernest Brockelman and to grant him an honorable dis­ Also, a bill (H. R. 11721) granting a pension to Lucretia Bart­ charge-to the Committee on Naval Affairs. lett-to the Committee on Invalid Pensions. Also, a bill (H. R. 11687) to. remove the charge of desertion Also, a bill (H. R.11722) granting a pension to Hattie E. McLain­ against P. C. Farrell and to grant him an honorable discharge­ to the Committee on Invalid Pensions. to the Committee on Naval Affairs. Also, a bill (H. R. 11723) granting a pension to Adam Maurer­ Also! a bill (H. R. 11688) granting an increase of pension to to the Committee on Invalid Pensions. Erastus D. Butler-to the Committee on Invalid Pensions. Alse, a bill (H. R. 11724) granting a pension to John Menden­ By Mr. BRICK: A bill (H. R. 11689) granting an increase of hall-to the Committee on Invalid Pensions. pension to James C. Wattleworth-to the Committee on Invalid Also, a bill (H. R. 11725) granting a pension to Robert T. Pensions. Knox-to the eommittee on In-valid Pensions. Also, a bill (H. R. 11690) granting an increase of pension to Also, a bill (H. R. 11726) granting a pension to Robert D. Squire J. Carlin-to the Committee on Invalid Pensions. Bailey-to the Committee on Invalid Pensions. By Mr. BYRD: A bill '(H. R. 11691) for the relief of John D. Also, a bill (H. R. 11727) granting a pension to Harriett Zim­ Ryan, of Meridian, Miss ....!...to the Committee on Claims. merman-to the Committee on Invalid Pensions. By :Mr. CAMPBELL: A bill (H. R. 11692) granting a pension Also, a bill (H. R. 11728) granting a pension to Jennie Fish­ to Mary J. Neely-to the Committee on Invalid Pensions. baugh-to the Committee on Invalid Pensions. By Mr. CRUMPACKER: A bill (H. R. 11693) granting an in­ Also, a bill (H. R. 11729) granting a pension to Ellwood Mul­ crease of pension to Henry C. Johnson-to the Committee on In­ lin-to the Committee on Invalid Pensions. valid Pensions. Also, a bill (H. R. 1~30) granting a pension to James Pusey­ By Mr. DANIELS: A bill (H. R. 11694) granting a pension to to the Committee on Invalid Pensions. George R. Millen-to the Committee on Pensions. Also, a bill (H. R. 11731) granting an increase of pension to By Mr. DEEMER: A bill (H. R. 11695) granting an increase of Konrad Schleicher-t::> the Committee on Invalid-Pensions. pension to Fannie B. Pitts-to the Committee on Invalid Pen­ Also, a bill (H. R. 11732) granting a pension to Georgiana Bal­ sions. lard-to the Committee on Invalid Pensions. By Mr. FORDNEY: A bill (H. R. 11696) granting a pension to Also, a bill (H. R.11733) granting an increase of pension to Job Aglionby Montgomery-to the Committee on Invalid Pensions. S. Inman-to the Committee on Invalid Pensions. By Mr. GUDGER: A bill (H. R. 11697) granting a pension to Also, a bill (H. R. 11734) granting an increase of pension to G. W. Gosnell-to the Committee on Invalid Pensions. John Clifford-to the Committee on Pensions. By Mr. HAY: A bill (H. R. 11698) for the relief of Thomas M. Also, a bill (H. R. 11735) granting an increase of pension to Lippitt-to the Committee on Naval Affairs. Eugene Orr, alias Charles Southard-to the Committee · on Pen­ By Mr. HINSHAW: A bill (H. R. 11699) granting an increase sions. of pension to .A)Jraham A. Croy-to the Committee on Invalid Also, a bill (H. R. 11736) granting an increase of pension to Pensions. James Willson-to the Committee on Pensions. · By Mr. JACKSON of Maryland: A bill (H. R. 11700) granting Aiso, a bill (H. R. 11737) granting an increase of pension to an increase of pension to John Toadvine-to the Committee on Philip Gavin-to the Committee on Pensions. Invalid Pensions. Also, a bill (H. R. 11738) granting an increase of pension to By 1\Ir. JOHNSON: A bill (H. R. 11701) for the relief of John James M. Lowder-to the Committee on Pensions. - R. Switzer--:-to the Committee on War Claims. Also, a bill (H. R. 11739) granting an increase of pension to Also, a bill (H. R. 11702) for the relief of James Y. Pitts-to Charles H. Leaman-to the Committee on Pensions. the Committee on War Claims. . · Also, a bill (H. R. 11740) granting an increase of pension to Also, a bill (H. R. 11703) for the relief of the legal representa­ Henry Adler-to the Committee on Invalid Pensions. ti-ve of Richard Henderson-to the Committee on War Claims. Also, a bill (H. R. 11741) granting a pension to Justine F~ Also. . a bill (H. R. 11704) for the relief of the legal representa­ White-to the Committee on Invalid Pensions. tive of Farley C. Sims-to the Committee on War Claims. Also, a bill (H. R. 11742) granting an increase of pension to Also, a bill (H. R. 11705) for the relief of A. Q. Thompson-to Andrew J. Cassity-to the Committee on Invalid Pensions. the Committee on War Claims. Also, a bill (H. R. 11743) granting an increase of pension to Also, a bill (H. R. 11708) for the relief of Charles A. Parkins­ Charles H. Baird-to the Committee on Invalid Pensions. to the Committee on War Claims. Also, a bill (H. R. 11744) granting an increase of pension to Har­ By Mr. KETCHAM: A bill· (H. R. 11707) authorizing the ap­ ley H. Sage-to the Committee on Invalid Pensions. pointment of Capt. Theodore Frederick Kane, a captain on the Also, a bill (H. R. 11745) granting an increase of pension to retired list of the Navy, to be a rear-admiral on the retired list of Jaco b Wittenbach-to the Committee on Invalid Pensions. the Navy-to the Committee on Naval Affairs. Also, a bill (H. R. 11746) granting an increase of pension to By Mr. LOUDENSLAGER: A bill (H. R.11708) to correct the Isaiah W altman-to the Committee on Invalid Pensions. military record of John H. Hoagland-to the Committee on Mili­ ·Also, a bill (H. R. 1U47) granting an increase of pension to Wil­ tary Affairs. liam A. Ewing-to the Committee on Invalid Pensions. By Mr. LOVERING: A bill (H. R. 11709) granting a pension Also, a bill (H. R. 11748) granting an increase of pension to to Kate Howard-to the Committee on Pensions. Edward E. Curran-to the Committee on Invalid Pensions. 1598 CONGRESSIONAL RECORD-H_OUSE . . FEBRUAR~ 3,

Also, a bill (H. R. 11749) granting an increase of pension to By Mr. PORTER: A bill (H. R. 11791) for the relief of Revi­ Cornelius O'Shea-to the Committee on Invalid Pensions. low N. Spohn-to the Committee on Claims . .Also, a bill (H. R. 11750) granting an increase of pension to By Mr. RIDER: A bill (H. R. 11792) granting an increase of . Rolon M. Clark-to the Committee on Invalid Pensions. pension to Anton Mazzanovich-to the Committee on Invalid .Also, a bill (H. R. 11751) granting an increa e of pension to Pen ions. Charles F. Kimmel-to the Committee on Invalid Pensions. By Mr. RIXEY: A bill (H. R. 11793) granting an increa e of · .Also, a bill (H. R. 11752) granting an increase of pension to pension to August Henning-to the Committee on Invalid Pen­ John 1\I. Chandler-to the Committee on Invalid Pensions. sions. Also, a bill (H. R. 11753) granting an increase of pension to Also, a bill (l;:I. R. 11794) granting a pension to J. M. Jordan­ Nicholas H. Karns-:-to the Committee on Invalid Pensions. to the Committee on Pensions . .Also, a bill (H. R. 11754) granting an increase of penf:lion to By Mr. WM. ALDEN SMITH: A bill (H. R.11795) granting a Benton Eichelberger-to the Committee on Invalid Pensions. pension to Lemuel J. Ward-to the Committ ee on Invalid Pen­ .Also a bill (H. R. 11755) granting an increa e of pension· to sions. Milton Ross-to the Committee on Invalid Pensions. By Mr. SULZER: A bill (H. R. 11796) granting. a pension to Also. a bill (H. R. 11756) granting an increa e of pension to Catharine Darr-to the Committee on Invalid Pensions. John M. Buxton-to the Committee on Invalid Pensions. By Mr. TOWNSEND: A bill (H. R. 11797) granting a pension .Also, a bill (H. R. 11757) granting an increase of pension to to Francis A-M. Pattee-to the Committee on Invalid Pensions. John Hiller-to the Committee on Invalid Pensions. By Mr. WARNOCK: A bill (H. R. 11798) granting an increase .Also, a bill (H. R. 11758) granting an increase of pension to of pension to Barton A. Holland-to the Committee on Invalid John W. Scott-to the Committee on Invalid Pensions. Pensions. · · Also, a bill (H. R. 11759) granting an increase of pension to Also, a bill (H. R. 11799) granting a pension to Mary Austin­ Thom::!. s B. Callahan-to the Committee on Invalid Pensions. to the Committee on Invalid Pensions. Also, a bill (H. R. 11760) granting_an increa e of pension to By Mr. CHARLES B. LANDIS: A bill (H. R. ·11800) for relief James Reynolds-to the Committee on Invalid Pensions. of William H. W. Krebs, late fiTst lieutenant, Seventeent2 In­ .Also, a bill (H. R. 11 dH) granting an increase of pension to fantry, ·United States Army-to the Committee on Military Af­ Edward M. Curtis-to the Committee on Invalid Pensions. fairs . .Also, a bill (H. R. 11762) granting an increa e of pension to By Mr. THOMPSON: A bill (H. R. 11801) for the relief of the John McCarthy-to the Committee on Pensions. estate of James McDonough. deceased late of Chambers County, Also, a bill (H. R. 11763) granting an increase of pension to Ala. -to the Committee on War Claims. Michael Newman-to the Committee on Invalid Pensions. Mr. GOLDFOGLE: A bill (H. R.11802) for the relief of Adolph Also, a bill (H. R. 11764:) granting an increase of pension to Spiegel, as the successor of the firm of Spiegel, Finkelstein & Patrick H. Bergen-to the Committee on Invalid Pensions. Co.-to the Committee on Claims. · .Also, a bill (H. R. 11765) granting an increa e of pension to By Mr. PEARRE: A bill (H. R. ·11803) granting an increase Andrew J. Crisman-to the Committee on Invalid Pensions. of pension to Ross R. Sanner-to the Committee on Invalid Pen- Also, a bill (H. R. 11766) granting an increase of pension to sions. . Thomas C. Mitchell-to the Committee on Invalid Pensions. By Mr. TAYLOR: A bill (H: R. 11804) for. the relief of the Also, a bill (H. R. 11767) granting an increase of pension to legal representatives and assignees of Silvain Nicholas and Regis George Kauffman-to the Committee on Invalid Rensions. · Durette-to the Committee on the Public Lands. Also, a bill (H. R. 11768) granting an increase of pension to By Mr. HITCHCOCK: A bill (H. R. 11805) for the relief of George W. Purcell-to the Committee on Invalid Pensions. the members of the First, Second, and Third Marine Corps, and Also, a bill (H. R. 11769) granting an increase· of pension to for other purposes-to the Committee on Claims. George Hallick-to the Committee on Invalid Pensions. By :Mr. SMITH of Illinois: A bill (H. R. 11806) granting a pen­ Also, a bill (H. R. 11770) granting an increase of pension to sion to Napoleon B. Greathouse-to the Committee on Invalid Samuel W. Cole-to the Committee on Invalid Pensions. Pensions. .. Also, a bill (H. R. 11771) granting an increase of pension to .Also, a bill (H. R. 11807) granting a pension to Elijah Taylor­ Joseph Price-to the Committee on Invalid Pensions. to the Committee on Invalid Pensions. Also, a bill (H. R. 11772) granting an increase of pension to Also, a bill (H. R. 11808) granting a pension to Monroe C. W. H. H. Taylor-to the Committee on Invalid Pensions. Crawford-tO the Committee on Invalid Pensions. Also, a bill (H. R. 11773) granting an increase of pension to Also, a bill (H. R. 11809) for the relief of John, alias Henry, Thomas W. Gibbons-to the Committee on Invalid Pensions. Ridenbaugh, of Pinckneyville, lli.-to the Committee on Military Also, a bill (H. R. 11774) granting an increase of pension to A:ffah·s. Marshall Osborn-to the Committee on Invalid Pensions. .Also, a bill (H. R. 11775) granting an increase of pension to William D. Stephens-to the Committee on Invalid Pensions. PETITIONS, ETC. .Also, a bill (H. R. 11776) granting an incfease of pension to Hugh Mooney-to the Committee on Invalid Pensions. Under clause 1 of Rule XXII, the following petitions and papers Also, a bill (H. R. 11777) granting an increase of pension to were laid on the Clerk's desk and refeiTed as follows: Thomas.McHose-to the Comm1ttee on Invalid Pensions. By the SPEAKER: Petitions of W. R. Bonham and 12 other .Also, a bill (H. R. 11778) granting an increase of pension to voters, James L. Wilcox and 7 other voters, T. M. Ewing and 27 John Gragan-to the Committee on Invalid Pensions. other voters, J. M . Hutchison and 11 other voters, David . S. .Also, a bill (H. R. 11779) granting an increase of pension to McCaslin and 63 other voters, and Henry S. Perlrins and 99 other Jackson Weathers-to the Committee on Invalid Pensions. · voters, all of Hoopsto:rr,lli., praying for the passage of the Hepbm·n­ Also, a bill (H. R. 11780) granting an increase of pension to Dolliver bill-to the Committee on the Judiciary. Thomas Case-to the Committee on Invalid Pensions. Also, memorial of the board of directors of the Chicago Board Also, a bill (H. R. 11781) granting an increase of pension to of Trade, praying for legislation for the reorganization of the William H. Bridgman-to the Committee on Invalid Pensions. consular service-to the Committee on Foreign Affairs. Also, a bill (H. R. 11782) granting an increase of pension to Also, memorial of Kit Carson Post, No. 2. Grand Army of the Fleming Crump-to the Committee on Invalid Pensions. Republic, o~ Washington, D. C., praying for the pas age of the Also, a bill (H. R. 11783) granting an increase of pension to bill S. 3458-to the Committee on Invalid Pensions. Alfred W. Morley-to the Committee on Invalid Pensions. By Mr. BABCOCK: Papers to accompany bill H. R. '>005, grant­ .Also, a bill (H. R. 11784) granting an increase of pension to ing an increase of pension to Alexander J. Hood-to the Commit­ Adam Walter-to the Committee on Invalid Pensions. tee on Invalid Pensions. .Also, a bill (H. R.11785) grantingan increaseof pensiontoJef­ By Mr. BASSETT: ResolutionofNewYork BoardofTradeand ferson R. Martin-to the Committee on Invalid Pensions. Transportation, relative to the harbor of refuge at Point Judith, Also, a bill (H. R. 11786) granting an increase of pension to R. I.-to the Committee on Rivers and Harbors. David Peters-to the Committee on Invalid Pensions. By Mr. BEDE: Petition of residents of Northome, Minn., rela­ Also, a bill (H. R. 11787) granting an increase of pension to tive to amending section 2294 of the Revised Statutes-to the Com- Benjamin F. Weimer-to the Committee on Invalid Pensions. mittee on the Judiciary. • , Also, a bill (H. R. 11788) granting an increase of pension to By :Mr. BIRDSALL: Petition of H. A. Clark and others, of Henry L.' Kyler-to the Committee on Invalid Pensions. - Franklin County, Iowa, protesting against parcels-post bill-to the . Also, a bill (H. R. 11789) granting an increase of pension to Committee on the Post-Office and Post-Roads . David W. Swigert-to the Committee on Invalid Pensions. By Mr. BUTLER of Pennsylvania; Resolution of Wilde Post, By Mr. PATTERSON of Pennsylvania: A bill (H. R. 11790) No. 25, Grand Army of the Republic, of Chester, Pa., in favor of granting an increase of pension to George W. Weidman-to the a service-pension bill-to the Committee on Invalid Pensions. Committee on Invalid Pensions. By Mr. BYRD: Petition of G. B. Harper, administrator, pray- -

1904. CONGRESSIONAL RECORD-SENATE. .1599

ing reference of claim to the Court of Claims-to the Committee tion, relative to the harbor of refuge at Point Judith, Rhode on War Claims. Island-to the Committee on Rivers and Harbors. By Mr. CALDERHEAD: Resolution of Abilene Post, No. 63, By Mr. RIXEY: Papers to accompany claim of Samuel D. Grand Army of the Republic, Department of Kansas, indorsing Fisher-to the COmmittee on War Clajms. bills H. R. 5813 and 7873, relative to service pension-to the Com­ Also, letter to accompany bill granting a pension to J. M. Jor­ mittee on Invalid Pensions. dan-to the Committee on Pensions. By Mr. CAMPBELL: Paper to accompany bill to correct the By Mr. SMALL: Papers to accompany claim of Harmon Mod­ military record of Rankin A. Hutsell-to the Committee on J\fili­ lin, sr.-to the Committee on War Claims. tary Affairs. By Mr. WM. ALDEN SMITH: Resolutions of John J. Bagley Also, papers to accompany bill granting pension to Mary J. Post, No. 97, and William H. Borden Post, No. 211, Grand Army Neely-to the Committee on Invalid Pensions. of the Republic, Department of J\fichigan, in favor of a service­ By Mr. COUSINS: Petition of W. S. Marshall and 15 others, pension t ill-to the Committee on Invalid Pensions. of Toledo, Iowa, and Iowa Soldiers' Home and 44: others, of Mar­ By Mr. STEVENS of Minnesota: Petition of Men's C~ub of shalltown, Iowa, in favor of Hepburn-Dolliver bill-to the Com­ First Methodist Episcopal Church of St. Paul, Minn., relative to mittee on the Judiciary. the nullification of State liquor laws-to the Committee on the Also resolutions of J\farvin Mills Post, No. 212, of Central City, Juiliciary. Iowa, and William Carbee Post, No. 270, of Springville, Iowa, Also, petition of Men's Club of First Methodist Episcopal Grand Army of the Republic, favoring the passage of a service­ Church of St. Paul, Minn., against sale of liquor in G-overnment pension bill-to the Committee on Invalid Pensions. buildings-to the Committee on Alcoholic Liquor TI·affic. Also. letter of J. M. Carney; of Gilman Iowa, urging the pas­ By Mr. SULLIVAN of New York: Re olution of the Merchants' sage of the post-check bill-to the Committee on the Post-Office Association of New York, relative to irrigation-to the Committee and Post-Roads. on Irrigation of Arid Lands. By Mr. DANIELS: Paper to accompany bill H. R. 10196, grant­ Also, resolution of the New York Board of Trade and Trans­ ing an increase of pension to Adam L. Bom·quin-to the Com­ port.:'ttion, relative to the harbor of refuge at Point Judith, Rhode mittee on Invalid Pensions. Island-to the Committee on Rivers and Harbors. Also, papers to accompany claim of George R. Millen-to the Also, petition of Outdoor Art League of California, relative to Committee on Pensions. the preservation of the big tl·ees of California-to the Committee Also, petitions of Rev. B. F. Hewlett and 7 others, Rev. W. F. on the Public Lands. Binney and 40 others, R. B. Larkin and 25 other and William By Mr. THAYER: Resolutions of George D. Wells Post, No. Kai er and 6 others, citizens of Ontario, Cal., favoring the pas­ 28, of West Boylston, and of RowseR. Clark Post, No. 167, Whit­ sage of the Hepburn-Dolliver bill-to the Committee on the Ju­ ensville. Mass., Grand Army of the Republic, in favor of a service­ diciary. pension law-to the Committee on Invalid Pensions. By Mr. DEE:MER: Resolution of Major Keenan Post, No. 349, By Mr. TOWNSEND: Resolution of Edward Pomeroy Post, of J er ey Shore Pa., and Reno Post, No. 64. Department of Penn­ No. 48, Grand Army of the Republic, Department of Michigan, sylvania, Grand Army of the Republic~ in favor of a service­ in favor of a service-pension bill-to the Committee on Invalid pension law-to the Committee on Invalid Pensions. Pensions. By J\Ir. DRAPER: Petition of Cigar Makers' Union No.9, of By Mr. WILSON of New York: Petition of Edward Elijah Troy,N. Y., in favor of the enactment of bill H. R. 6-tothe Com­ Frank, asking protection of the Jewish race-to the Committee mittee on Ways and Means. on Foreign Affairs. - By Mr. FULLER: Petition of Chicago wholesale merchants, in Also resolution of New York Board of Trade and Transporta­ oppo.,ition to a parcels-post bill-to the Committee on the Post­ tion, relative to harbor of refuge at Point Judith, Rhode Island- Office and Post-Roads. to the Committee on Rivers and Harbors. . By Mr. GILLESPIE: Petition of W. L. Taylor and 103 voter.3 Also, petition of John Kissel & Son, of Brooklyn, N.Y., asking of l::>pringtown, Tex., urging passage of Hepburn-Dolliver bill­ for reduction of. tax on distilled spirits-to the Committee on to the Committee on the Judiciary. . Wavs and Means. · By Mr. HASKINS: Resolution of William C. Tracy Post, No. Also, resolution of Merchants' Association of New York, for the 35, and Orville Bixby Post, No. 93, Grand Army of the Republic, repeal of the desert-land act-to the Committee on the Public Department of Vermont, in favor of a service-pension bill-to the Lan~ · Committee on Invalid Pensions. By Mr. WRIGHT: Resolution of Saxton Post, No. 65, Grand By Mr. HEPBURN: Petition of H. D. Dye and 61 others, of Army of the Republic, Department of Pennsylvania, in favor of Humeston, Iowa, in favor of Hepburn-Dolliver bill....,..to the Com­ a service-pension bill-to the Committee on Invalid Pensions. mittee on the Judiciary. By Mr. HOWELL of New Jersey: Resolution of. Captain An- drew Caillaux Post, No. 119, Grand Army of the Republic, De­ partment of New Jersey, in favor of a service-pension bill-to SENATE. the Committee on Invalid Pensions. By Mr. HUFF: Paper to accompany bill H. R. 3907, for there- THURSDAY, February 4, 1904. lief of W. Scott King-to the Committee on J\~ilitary Affairs. Prayer by the Chaplain, Rev. EDWARD EVERETT HALE. ByMr. HUGHESofNewJersey: PetitionofRev.G.W.Smith Th s t ddt dth J al f t d · and 43 others, of Passaic, N.J., in favor of the enactment of the e ecre ary procee e 0 rea e ourn yes er ay-s pro- ceedings, when, on the request of Mr. GALLINGER,° and byunani- Hepburn-Dolliver bill-to the Committee on the Judiciary. mous consent, the further reading was dispensed with. By Mr. KETCHAM: Resolution of the board of supervisors of The PRESIDENT pro tempore. The Journal will stand ap- Greene County. N.Y., favoring passage of the Brownlow good- proved. roads bill-to the Committee on Agriculture. WALES ISLAND PACKING COMPANY. By Mr. LA-FEAN: Resolution of James Dixon Post, No. 83, Grand Army of the Republic, of Fairfield, Pa., in favor of a The PRESIDENT pro tempore laid before the Senate a com- service-pension bill-to the Committee on Invalid Pensions. munication fTom the Secretary of State, transmitting a memorial Also, petition of Tesidents of McSherrystown, Pa;) and vicinity, of the Wales Island Packing Company, a corporation organized p__!'aying for the passage of bill H. R. 6-to the Committee on under the laws of the State of New York and engaged in the Ways and Means. business of fishing and canning salmon and other fish, whose es­ By Mr. LLOYD: Petition of Ministerial Alliance of Hannibal, t.ablishments and interests on Wales Island have, by a decision of Mo., in favor of the Hepburn-Dolliver bill-to the Committee on the Alaskan Boundary Tribunal, been placed on the Canadian the Judiciary. side of the boundary, and stating their losses by this decision; Also petition of J. L. Wett and 13 others, of Granger, Mo., in which, with the accompanying paper, was referred to the Com­ favor of the Hepburn-Dolliver bill-to the Committee on the Ju- mittee on Claims, and ordered 'to be printed. diciary. STATUTES OF OKLAHOMA. By.Mr. PATTERSON of Pennsylvania: Papers to accompany The PRESIDENT pro temporelaid before the Senate acommu- bill granting increase of pension to George W. Weidman-to the nication from the Secretary of the Interior, transmitting, pursuant Committee onlnvalid Pensions. to law, volumes1and2 of the Revised and Annotated Statutes of By Mr. PINCKNEY: ;petition of C. D. Robinson a~d 83 yoters Oklahoma for the year 1903; which, with the accompanying vol­ of.Hemps~ad, Tex., urgm~ _Passage of Hepburn-Dolliver bill-to umes was referred to the Committee on Territories. the Comm1ttee on the JudiCiary. ' By Mr. RIDER: Petition of wholesalers against parcels-post I HOWARD UNIVERSITY IMPROVEMENTS. bill-to the Committee on the Post-Office and Post-Roads. The PRESIDENT pro tempore laid before the Senate a commu- Also, resolution of New York Board of Trade and Transporta- nication from the Secretary of the Treasury, transmitting a letter

I I