1910. CONGRESSIONAL .RECORD-SENATE. 3837
SENATE. , \Civil w_ar, ·and to the widows and .depend-ent relatives of '.Sllch solfilers and .sa11ors. ~flTh"'DAY, March ~B, '![910. 1EN":R"OL'.LED -cTOlNT :BESOLUTION SIGN:ED. "Pnn-yer !lYy the ·Chn.-plffin, Rev~ UlysS"es G. B. Pieree, D. 9 - The message ..fmther .announced that the Speaker .of the 'The 'V.ICTE-f>B!ESIIJE~TT rresum-ed ..fhe chair. House had signed the enroTied Joint resolution (.S. J . .Res. 83) !IJhe S:el!~e.'ta.ry 11>.r.oceeded to :icead the ~otn"Ilnl nf 'the lJl'O.C-eed- -authorizing the nse of .a United .states .army transport .for cer- lngs of Fl.'liiay la.st,. wllen, on irequest of. Mr. ~vmrruIE, '~d . taln _pm:p.oses, and it was thereupon signed 'by .the Vice-:P.resi by unanimotls eunsen:t, the 1fnrther -reading :al; wspense
Mr. PAGE presented -petitions of. sundry citizens- of South against the acceptance of the statue of Gen. Robert E. Lee to Royalton, South Londonderry, Mendon, and North Hartland, be placed in Statuary Hall, United States Capitol, which was all in the State of Vermont, praying for the establishment of a referred to the Committee on the Library. · national bureau of health, which were referred to the Com He also presented memorials of sundry local granges, Pat mittee on Public Health and National Quarantine. rons of Husbandry, of Chatham, La Fargeville, Moravia, and Mr. BURTON presented petitions of sundry councils, Royal Andover, all in the State of New York, remonstrating against Arcanum and Knights of Columbus, of Cincinnati and Cleve the repeal Of the present oleomargarine law, which were re land, in the State of Ohio, praying for the enactment of legisla ferred to the Committee on Agriculture and Forestry. tion providing for the admission of publications of fraternal He also presented a petition of the Periodical Publishers' As societies to the mails as second-class matter, which were referred sociation of New York City, N. Y., praying for the enactment to the Committee on Post-Offices and Post-Roads. of legislation to codify, revise, and amend the postal laws Mr. CLAPP presented a memorial of the Kosciuszko Society, which was referred to the Committee on Post-Offices and Post: Group No. 972, Polish National Alliance, of St. Cloud, Minn., re Roads. monstrating against the enactment of legislation to furthe~ He also presented a petition of Colonel Israel Angell Chapter restrict immigration, which was referred to the Committee on of the National Society, Daughters of the American Revolution Immigration. of New Berlin, N. Y., and a petition of the Saugerties Chapte~ He also presented petitions of sundry councils, Knights of of the National Society, Daughters of the American Revolution Columbus, Royal Arcanum, and Trades and Labor Council, of of Saugerties, N. Y., praying for the retention and strengthen~ Austin, Duluth, New Ulm, Wabasha, and St. Paul, all in the ing of the Division of Information of the Bureau of Immigra State of Minnesota, praying for the enactment of legislation pro tion and Naturalization in the Department of Commerce and viding for the admission of publications of fraternal societies to Labor, which were referred to the Committee on Immigration. the mails as second-class matter, which were referred to the He also presented a petition of the Common Council of Rens Committee on Post-Offices and Post-Roads. selaer, N. Y., praying that an appropriation be made to im Mr. BURKETT presented petitions of sundry councils, Royal prove the channel of the upper Hudson River from Coxsackie Arcanum and Knights of Columbus, of Chadron and Omaha, in to the South Bridge at that city, which was referred to the the State of Nebraska, praying for the enactment of legislation Committee on Commerce. providing for the admission of publications of fraternal societies He also presented a petition of Tonawanda Branch Lake _ to the malls as second-class matter, which were referred to the Seamen's Union, of North Tonawanda, N. Y., praying for the Committee on Post-Offices and Post-Roads. enactment of legislation to prohibit the undermanning and un Mr. OLIVER presented memorials of sundry councils,_Royal skilled manning of American v~ssels, etc., which was referred Arcanum, of Philadelphia, Irwin, Wilmerding, and Vandergrift, to the Committee on Commerce. all in the State of Pennsylvania, remonstrating against the He also presented a memorial of the Young Republican Club enactment of legislation to increase the rate of postage on peri of Brooklyn, N. Y., and a memorial of the National Association odicals and magazines, which were referred to the Committee of Employing Lithographers, of Rochester, · N. Y., remonstra on Post-Offices and Post-Roads. . ting against the printing by the Government of certain matter on stamped envelopes, which were referred to the Committee on .Mr. DEPEW presented a petition of the American Peat Post-Offices and Post-Roads. . ' Society, of New York City, N. Y., praying for the enactment of He also presented a memorial of Sherman Grange, No. 36, legislation to establish a bureau of mines in the Interior De Patrons of Husbandry, of Sherman, N. Y., remonstrating partment, which was ordered to lie on the table. against the repeal of the present oleomargarine law, which was He also presented a memorial of Luther M. Wheeler Post, No. referred to the Committee on Agriculture and Forestry. 92, Department of New York, Grand Army of the Republic, of He also presented a petition of Local Council No. 93, Junior Saratoga Springs, N. Y., remonstrating against the acceptance Order of United American Mechanics, of Sloatsburg, N. Y., of the statue of Gen. Robert E. LM to be placed in Statuary praying for the enactment of legislation to further restrict immi Hall, United States Capitol, which was referred to the Commit gration, which was referred to the Committee on Immigration. tee on the Library. He also presented a petition of the congregation of the Pres He also presented petitions of sundry local councils, Royal byterian Church of Brasher Falls, N. Y., praying for the enact Arcanum, of New York City, Brooklyn, Lockport, Corona, and ment of legislation to prohibit the interstate transportation of Watertown, all in the State of New York, praying for the enact intoxicating liquors in prohibition districts, which was referred ment of legislation providing for the admission of publications to the Committee on the Judiciary. of fraternal societies to the· mails as second-class matter, which Mr. PENROSE presented petitions of Wilford Grange, No. were referred to the Committee on Post-Offices and Post-Roads. 773, of Mi.ffiin; of Progress Grange, No. 1395, of Paxinos; of He also presented a petitiDn of the Audubon Society of the Frenchtown Grange, No. 1181, of Meadville; of Hartstown State of New York, praying for the enactment of legislation to Grange, No. 1228, of Hartstown; of Union Grange, No. 1391, of protect the migratory birds of the country, which was referred Onset; of Covington Grange, No. 1029, of Moscow; of Spring to the Committee on Forest Reservations and the Protection of field Grange, No. 1257, of Girard; of Dicksonburg Grange, No~ Game. 556, of Dickson.burg; of Liberty Grange, No. 1185, of Port Alle He al2o presented a petition of the Flatbush Taxpayers' Asso gany; of Washington Grange, No. 1261, of Nicholson; of West ciation, of Brooklyn, N. Y., praying for the enactment of legis Abington Grange, No. 1200, of Dalton; of Dairy Grange, No. lation providing for the placing of a pneumatic mail-tube service 1308, of West Brownsville; of Coryville Grange, No. 1212, of in the sundry. residential districts of the large cities of the Coryvllle; of Enterprise Grange, No. 963, of Blandon; of Glade country, which was referred to the Committee on Post-Offices Run Grange, No. 1160, of Muncy; of Sewickley Grange, No. 704, and Post-Roads. of Greensburg; of Jeft:erson Grange, No. 1373, of Butler; of He also presented a memorial of the Ossining Branch of the Strawberry Ridge Grange, No. 34, of Strawberry Ridge; of American Society for the Prevention of Cruelty to Animals, of Friendship Grange, No. 1232, of Jamestown; of Hepburn.ville Ossining, N. Y., remonstrating against the enactment of legis· Grange, No. 1339, of Hepburnville; of Ulysses Grange, No. 1183, lation for the prevention and punishment of cruelty to animals of Ulysses; of Union Center Grange, No. 784, of Roaring in the District of Columbia, which was referred to the Commit Branch; of Lawrence Grange, No. 937, of Lawrenceville; of tee on the District of Columbia. Lincoln Grange, No. 914, of James Creek; of Oliver Grange, He also presented a petition of William McKinley Council~ No. No. 1069, of Newport; of Logan Grange, No. 109, of Bellefonte; 125, Junior Order United American :Mechanics, of Lockport, of Hegins Grange, No. 1242, of Hegins; of Spencertown Grange, N. Y., praying for the adoption of an amendment to the immi No. 1035, of Grover; of Loysburg Grange, No. 1104, of Loys grat~on law placing a capitation tax of $10 on all immigrants, burg; of Jobs Corners Grange, No. 1110, of Millerton; of Gran and also for the suppression of the so-called "white-slave ville Center Grange, No. 309, of Granville Center; of Silver Val traffic," which was referred to the Committee on Immigration. ley Grange, of St. Marys; of Bloomingdale Grange, No. 536, of He also presented a petition of West Chester County Associa Broadway; of 0. K. Grange, No. 1303, of Summit Station; of tion, Department of New York, Grand Army of the Republic, of West Branch Grange, No. 136, of Montoutsville; of Horntown Yonkers, N. Y., praying for the enactment of legislation to Grange, No. 1259, of Reynoldsville; of Marvin Grange, No. 223, create a volunteer retired list in the War and Navy depart of Nittany; and of Pomona Grange, No. 6, of Huntingdon, all ments of the surviving officers of the civil war, which was of the Patrons of Husbandry, in the State of Pennsylvania, referred to the Committee on l\Iilitary Affairs. praying for the adoption of certain amendments to the present He also presented a memorial of the Queens County Memorial oleomargarine law; which were referred to the Committee on and Executive Committee, Department of New York, Grand Agriculture and Forestry. Army of the Republic, of Long Island, N. Y., remonstrating He also presented a petition of Bradford Chapter of the 1910. .CO GRESSION.AL :RECO::RD- BENAT.E. -3839
~ati(}na1 -Saclety, 'Daughters uf -the American 'Itewhrtia:n, of caine Association, of Pittsneld~ -N. E., ll.Ild a petihicm of the La Canton, Pa., ;and a petition uf 1.0Jhester County Chapter-Of 'i:b.e Societe des .Art:i.s::m.s Canad.lens Fra.n~li\ .of _Fran:k1.in Fal:ts, National Society, Daughters of the ..American evruntion., of ..N. H., -p:r.aying for the 1enactment of gislation 1JrOviding ..for Pennsy1vania, praying for the retention :and str.engtnening of the _admission of publications of .fraternal societies to the malls ihe Division -0f Information of th.e •Bureau of Im.migra:ti-0n and as second-class matter, which were referred to the Committee T.aturali:zation in i:he Department ·o-f Commerce .and L:lbor; on Post-Offices and .Post-Roads. w'.hieh were referred to the Committee on Immigration. Ee also presented the memorial of .Frank P . Hurrim.an, of Mr. HALE _pre ented a petition of Cascaiie Grange, Patrons Tilton, N . li, :remonstrating .against .the .enactment of legisla .(ff Ha-sbandry, of Oakland, .Me., -praying -tor the ~ab1ishment tion granting pensions by .special act of Congress, whlch was of a national bureau -0f health, which was referred to i:he Oom .referred to the Committee on Pensions. .:mittee on Public "Health and National Quarantine. Re also presented a -petition of -the .American Medical .A:sso He also presented petitions of ~r~sque .isle Council, No4 1970, ciation, of Chicago, Ill., _p:raymg for the enactment of legislation Royal Arcanum, .of Presque Isle; -Of La .Societe ·des .Arti.Bans to mcrease the efficiency and to regulate th-e pay of the .Hospital •Oanadi:ens Fran~ais, No. Bl, of Waterville; Hild .of La '80.c.i.et~ Corps, United States Navy, which was referred to the Oom- des .Artisans Canadiens Fran~ais, No. 344, of W.a.terviUe, all of m.i.ttee on Nav.a.l Affairs. · the State of Maine, -praying Ior the enactment of legishl.tio:n pro JI~ filso _present-ea. a memorial of -sundry citizens of Cordell, viding fur the admission of 1mblieations of fraternal societies Okla., r .emonstratin.g again.st the enactment of legislation pro to the mails as second-class matter, whi.ch were .:refei::red to the viding :for the .observance of Sunday as .a day of rest .in the Committee o-n P-0st-Offices illd Post-Roads. District of Columbia, which was orderoo to lie on the table. He also presented a -:petition of Frances Dighton -Williams He also _presented a petition of s1.l11.dry cttizen-s of the city of Chapter -of the ·National Society, Daughters -of the .American Washington and .a _petition of the congregation of the Gr.ace Revolution, of .Bango-r, l\Ie., ~nd -a -:petition of -ithe il\Iary Bartlett "Baptist Churcll, of the city of Washington, _praying for the-en hn:pter of 1h-e National Society, Daugnters o'f i:he American .actment ·Of 1£gislation to better regulate the traffic in intoxica .:Revolution, of tlt.e d :ty of Washington, praying for the reten ting liquors in ·the District of Columbia, which w.as .11eferred t o tion anil strengthening of the 'Divis.ion of Information of the tb.e Committee ,on the District of Columbia.. .Bmea:u .of .J:mmi:gration and Naturalization in the Department Ir. J:lOOT presented .a petition of the .Flatbush Taxpayers' cl Commerce and "La.box:, w.hich were referred to "the Committee Association Df Brooklyn, NA Y., -praying .fur the -enactment -of Uil Immigra"ti He also presented a memorial of sundry citizens of Newton, agreement, which all seem to think may be made without any Kans., remonstrating . against the water supply of the Hetch trouble, the legislatures at their next session could ratify it Hetchy Valley being used by the city of San Francisco, Cal., and carry out the cession. which was referred to the Committee on Conservation of Na Mr. HALE. Does the Senator think it will accomplish his tional Resources. purpose and that this method is as practicable as to have, first, BEPOBTS OF COMMITTEES. a commission to report under authority from the United States, Mr. BEVERIDGE, from the Committee on Territories, sub and then to legislate along that line for the cession from one mitted a report (No. 454) to accompany the bill (H. R. 18166) State to the other? That has been the usual course. to enable the people of New Mexico to form a constitution and Mr. JONES. I think, m1der the conditions which now exist, state government and be admitted into the Union on an equal this method is far more practicable than that would be. As a footing with the original States ; and to enable the people of matter of fact, they think that they can adjust the boundary Arizona to form a constitution and state government and be without any commission at all and reach an agreement which admitted into the Union on an equal footing with the original will be entirely satisfactory to the two States. I do not see States, heretofore reported by him. that the National Government is specially interested in the Mr. SCOTT, from the Committee on Public Buildings and location of the boundary line. Grounds, to whom was referred the bill (S. 5928) to provide for I should like to call the attention of the Senator to the fol the erection of a public building in the city of Grafton, in the lowing extract from the report of the committee, which accom State of West Virginia, reported it with ·an amendment and sub panies the joint resolution: Certain phases of the question of the boundary dispute between the mitted a report (No. 452) thereon. States of Oregon and Washington have been settled by the Supreme Mr. DEPEW, from the Committee on the Judiciary, to whom Court of the United States in a decision rendered on November 16, was referred the bill ( H. R. 19285) to amend section 773 of the 1908 (211 U. S., 127). The Supreme Court, in denying the petition of the State of Washington for a rehearing of the case, referred to a reso Revised Statutes, reported it without amendment. lution granting authority to the States of Mississippi and .Arkansas to Mr. NELSON, from the Committee on Public Lands, to agree upon a boundary line and to determine the jurisdiction of crimes whom was referred the bill (H. R. 16920) authorizing the Sec committed on the Mississippi River and adjacent territory, and closed retary of the Interior to appraise certain lands in the State of its opinion with the following comment upon the resolution referred to : "Similar ones have passed Congress in reference to the boundaries Minnesota for the purpose of granting the same to the Minnesota between Mississippi and Louisiana and Tennessee and Arkansas. We and Manitoba Railroad Company for a ballast pit, asked to be submit to the States of Washington and Oregon whether it will not be wise for them to pursue the same course, and, with the consent of Con discharged from its further consideration and that it be referred gress, through the aid of commissioners, adjust, as far as possible, the to the Committee on Indian Affairs, which was agreed to. present appropriate boundaries between the two States and their re Mr. SUTHERLAND, from the Committee on the Judiciary, spective jurisdiction." to whom was referred the bill ( S. 7263) to divide the eastern It is the opinion of the authorities that they can adjust. this · and western districts of Oklahoma into three divisions, to fix matter satisfactorily to the States without going to the expense the time and places of holding court therein, and for other of a commission. But of course if they will not be able to do purposes, reported it with amendments and submitted a report that, then I assume that the two States would form a commis- .(No. 453) thereon. sion and try to reach a settlement in that way. · OREGON AND WASHINGTON BOUNDARY LINE. Mr. HALE. Under these conditions, and with the authority the Senator has cited, I will not interpose any objection at Mr. PILES. I am directed by the Committee on the Judi present; but I suggest to the Senator that unless his joint ciary, to whom was referred the joint resolution (S. J. Res. resolution covers the ground and confers ample authority in 88) to enable the States of Oregon and Washfugton to agree the end, he may have to come back to Congress and get au upon a boundary line between said States where the Columbia agreement through a commission. . River forms said boundary, to report it favorably without The VICE-PRESIDEJ'.l.l'T. Is there objection to the present amendment, and I submit a report (No. 451) thereon. I call' consideration of the joint resolution? the attention of my colleague [Mr. JONES] to the joint reso- There being' no objection, the joint resolution was considered lution. . as in Committee of the Whole. Mr. JONES. I ask for the present consideration of the joint Mr. ROOT. l\fr. President, as I caught the terms of the joint resolution. resolution when it was being read I thought it ran " the con The VICE-PRESIDENT. The Secretary will read the joint sent of the United States." May I ask if that is correct? resolution. The VICE-PRESIDENT. The Senator is correct. The Secretary read the joint resolution, as follows: Mr. ROOT. I would suggest to the Senator from Oregon Senate joint resolution 88. that the provision of the Constitution is the "consent of Con Resolv ed, etc., That the consent of the United States is hereby given gress," not the "consent of the United States." The Constitu to the States of Oregon and Washington to enter into such agreement tion does not seem to treat it as a matter of national action, or contract as they may deem desirable or necessary, not in conflict with the Constitution of the United States, or any law thereof, to fix the but to constitute Congress as the agent charged with the specific boundary line between said States where the Columbia River now forms duty of scrutinizing such agreements and determining whether said boundary, and to cede, respectively, each to the other, such islands, sands tracts, or parcels of land, title to which has heretofore been in they shall be made. The joint resolution, I suppose, should dispute· that is to say, consent is hereby given to the State of Oregon read: "That the consent of Congress is hereby given." to cede 'all such islands1• sands, tracts, or parcels of land lying on the Mr. JONES. I suppose it should follow the Constitution. Washington side of the line so fixed and determined to be the boundary The VICE-PRESIDEN'r. Does the Senator suggest that line between said States, and consent is given to the State of Wash ington to cede to the State of Oregon all such islanqs, sands, tracts, or amendment? parcels of land lying on the Oregon side of the line so fixed as the Mr. JONES. Yes; I suggest that amendment. boundary line between said States. And thereafter said line so fixed The VICE-PRESIDENT. The amendment will be stated. shall become and be recognized as the true boundary line between said States. The SECRETARY. On page 1, line 3, strike out the words "United States" and insert in lieu thereof the word "Con Mr. HALE. Let me ask the Senator from Washington wh.at· gress," so that if amended it will read: tribunal will take cognizance of this matter and report what That the consent of the Co.ngress is hereby given to the States of cession shall be made by one State to the other? I think gen Oregon and Washington- erally in cases of this kind the United States has appointed a And so forth. commission to examine the whole subject-matter and report Mr. BACON. As this matter was alluded to by the Senator upon some hitherto uncertain, but to be made definitive, bound from 1\Iaine, it is important that the attitude to be occupied ary._ Now, what is the programme the Senator has in view as in relation to it should be clearly expressed, so that there may to how this shall be brought about and authority given to cede be no confusion in the future. The only necessity for any ac from one State to the other? Unless some tribunal is consti tion on the part of Congress is that found in the words of the tuted that will report what the cession shall be. in order to Constitution-- establish a line, it will, I think, render the movement ineffective. Mr. HALE. It is impossible to hear the Senator, there is so Mr. JONES. I will state· to the Senator that it is the idea much talking in the Chamber. of the officials of Washington and Oregon that, prior to the The VICE-PRESIDENT. The Senate will be in order. meeting of the legislatures of those States next spring, possibly Mr. BACON. I simply remarked, Mr. President, that this the governor of each State, or some of the other officials, any is a matter of some importance in order that the attitude we how, will be able to agree upon a boundary line without having occupy may not hereafter be misunderstood. I was going on any commission appointed, and that the agreement will be to say that the only necessity for any action by Congress at ratified by tbe legislature of each State. The desire was simply all is found in the provision of the Constitution to which the to get the consent of the United States to any arrangement Senator from New York has alluded, and which requires that which might hereafter be made, so that if they did make the there shall be the consent of Congress to any agreement between 1910. CONGRESSIONAL RECORD-SENATE. 38411 two States, for reasons -which are manifest. and which will By -Mr. McCUMBER: readily occur to anyone. It relates not only to agreements A bill ( S. 7 433) granting an increase of pension to Henry A. between two States, but between a State and any other power; Castle (with accompanying papers) ; to the Committee on Pen and, as suggested by the Senator from Washington, the United sions. · States Government or the Congress has no interest in the ques By Mr. BURKETT: tion of this di-viding line. It is a matter entirely competent A bill (S. 7434) granting an increase of pension to David C. for the two States to settle between themselves; and I do not Crawford; to the Committee on Pensions. see tba t anything is required of Congress other than to deter A bill ( S. 7 435) for the relief of the heirs of Leopold A. mine that it is just such a class of agreements as may prop Fredeking (with accompanying papers); to the Committee on erly be made without interfering in any manner with the rela Claims. tions which the_States bear to the United States. By Mr. HEYBURN: Mr. HALE. The precedents are both ways. The funda A bill (S. 7436) granting a pension to Francis M. Massey mental clause that Congress shall consent is of course at the (with an accompanying paper); to the Committee on Pensions. bottom of any· interposition on the part of Congress. In many By Mr. DEPEW: cases under that provision, as in the New Jersey case and other A bill (S. 7437) granting an increase of pension to Charles cases, Congress has initiated the proceedings, giving its consent, I. Rogers (with accompanying papers); to the Committee on by the appointment of a commission. The commission reports, Pensions. and authority is given then to one State to cede to the other. By Mr. ROOT: Now, the other way, and there are precedents for that, is the A bill ( S. 7438) to permit the American Academy in Rome plan selected by the Senator from Washington. I suppose that to change its name to the Academy of America in :ltome, and either may effectuate what is intended. But, as I have said, to permit it to hold real estate and personal property; to the unless the authority is complete in the joint resolution the Committee on the Library. Senator may have to come 'back for further action. But I will By Mr. CLAPP: not interpose any further objection. A bill (S. 7439) granting an increase of pension to Robert H. Mr. BACON. Only in a case of disagreement between two Johnson (with accompanying papers); and States would that be necessary. A bill (S. 7440) granting an increase of pension to Michael The VICE-PRESIDENT. The question is on agreeing to the McAndrews (with an accompanying paper); to the Committee amendment proposed by the Senator from Washington, in line · on Pensions. 3, to strike out " United States" and insert " Congress." By Mr; BRADLEY: The amendment was agreed to. A bill (S. 7441) granting an increase of pension to S. Bur The joint resolution was reported to the Senate as amended, dine; and the amendment was concurred in. A bill ( S. 7442) granting an increase of pension to William· The joint resolution was ordered to be engrossed for a third E. Mitchell ; . reading, read the third time, and passed. A bill (S. 7443) granting an increase of pension to James E. Wood; and BILLS INTRODUCED. A bill (S. 7444) granting an increase of pension to John Sig man; to the Committee on Pensions. Bills were introduced, read the first time, and by unanimous consent the second time, and referred as follows: By Mr. FLINT: . A bill _(S. 7445) to appoint and retire George R. Rogers as a By Mr. . SCOTT: second lieutenant of infantry; to the Committee on Military A bill ( S. 7 419) to provide for the purchase of a site and the Affairs. erection of a public building thereon at Buckhannon, in the State of West Virginia; to the Committee on Public Buildings By Mr. PENROSE: A bill ( S. 7 446) granting an increase of pension to Sarah and Grounds.· Ann .Milligan ; A bill (S. 7420) for the relief of J. Walter Duncan (with an A bill (S. 7447) granting an increase of pension to Levi H. accompanying paper); and Hahn; ' A bill ( S. 7421) for the relief of the heirs or legal representa tives of Stephen M. Holt; to the Committee on Claims. A bill (S. 7448) granting a pension to Matilda Kerns; A bill ( S. 7422) granting an increase of pension to George W. A bill (S. 7449) granting an increase of pension to Hiram Fine (with accompanying papers) ; to the Committee on Pen Rhodes (with an accompanying paper) ; A bill (S. 7450) granting an increase of pension to John sions. Rockwell (with accompanying papers) ; and By Mr. BURTON: A bill (S. 7451) granting a penf:!ion to Mary A. Nailor (with A bill (S. 7423) granting an increase of pension to Julia E. an accompanying paper); to the Committee on Pensions. Welles; A bill ( S. 7452) to correct the military record of Edward M. A bill (S. 7424) granting a pension to Florence R. Hayden; Warren (with an accompanying paper); to the Committee on and Military .Affairs. A bill ( S. 7425) granting a pension to Jane Thompson; to the By Mr. McENERY: Committee on Pensions. A bill (S. 7453) for the relief of Charles E. Fenner, executor By Mr. JOHNSTON: of George E. Payne, deceased; ' A bill (S. 7426) granting a pension to William H. Gorman A bill (S. 7454) for the relief of the heirs or estate of Marie (with an accompanying paper) ; to t}le Committee on Pensions. C. Lebas, deceased (with an accompanying paper) ; By Mr. TAYLOR: A bill (S. 7455) for the relief of the heirs or estate of Adolph A bill ( S. 7 427) for the purchase of a site and erection of a Donatto, deceased (with an accompanying paper); public building at Humboldt, Tenn.; to the Committee on Public A bill ('S. 7456) for the relief of the heirs or estate of Hypo Buildings and Grounds. lite Mallet, deceased (with an accompanying paper) ; By Mr. NIXON: A bill (S. 7457) for the relief of the heirs or estate of Jesse E. A bill ( S. 7 428) for the relief of William B. Mcsherry; to the Lacey, deceased (with an accompanying paper); Committee on Claims. A bill ( S. 7458) for the relief of the heirs or estate of Ade By Mr. DICK: laide E. Lanclos, deceased (with an accompanying paper); A bill (S. 7429) granting an increai!le of pem;ion to John A bill (S. 7459) for the relief of Jeaun Baptice Demass (with Irvin; an accompanying paper) ; A bill (S. 7430) granting an increase of pension to Abram E. A bill (S. 7460) for the relie( of the heirs or estate of Louis Baker; and Broussard (with an accompanying paper) ; A bill (S. 7431) granting an increai!le of pension to John W. A bill (S. 7461) for the relief of Alexis Jaquenan (with an Farmer; to the Committee on Pensions. accompanying paper); By Mr. S:M:OO'r: A bill (S. 7462) for the relief of Darmas Hebert (with an A bill (S. 7432) authorizing the President to withdraw from accompanying paper) ; all forms of settlement, entry, or other disposition any lands A bill (S. 7463) for the relief of Gabriel Sam (with an ac which are or may become chiefly valuable for the development companying paper); of water power, and providing for the acquisition by any State A bill (S. 7464) for the relief of the heirs or estate of John or Territory, under certain conditions, of any lands so with Tullis, deceased (with an accompanying paper); drawn, and for other purposes; to the Committee on Public A bill (S. 7465) for the relief of the heirs or estate of John R. Lands. Temple, deceased (with an accompanying paper); XLV--241 3842 CONGRESSIONAL RECORD-SENATE. l\!A.ROH 28, A bill ( S. 7466) for the relief of the heirs or estate of Joseph ida, to $25,000, intended to be proposed by him to the river and Natile Guidry, deceased (with an 11.ccompanying paper); harbor appropriation bill, which was referred to the Committee A bill (S. 7467) for the relief ·'of the heirs or estate of. P. on Commerce and ordered to be printed. Emile Arceneaux, deceased (with an accompanying paper); Mr. DEPEW submitted an amendment providing for the im· A bill (S. 7468) for the relief of the heirs or estate of Fran provement of Gowanus Bay, New York Harbor, intended to be cois Poupon, deceased (with an accompanying paper); proposed by him to the river and harbor appropriation bill, A bill (S. 7469) for the relief of the heirs or estate of Francis which was referred to the Committee on Commerce and ordered Alleman, deceased (with an accompanying paper); to be printed. A bill (S. 7470) for the relief of the heirs or estate of Octave Mr. SMITH of. Michigan submitted an amendment providing Dejean, sr., deceased (with .an accompanying paper); for the improvement of the harbor at Grand Haven, Mich., by A bill ( S. 7471) for the relief of the heirs or estate of Du widening the entrance channel thereof from Lake Michigan to plessin Broussard, deceased (with an accompanying paper); Mamstee River to a width of 300 feet, etc., intended to be pro A ·bill ( S. 7 4 72) for the relief of the heirs or estate of Alex posed by him to the river and harbor appropriation bill, which ander Nezat, deceased (with an accompanying paper); was referred to the Committee on Commerce and ordered to be A bill (S .. 7473) for the relief of P. Alexis Nezat (with an printed. accompanying paper); . DIPLOMATIC AND CONSULAB APPROPRIATION BILL. A bill (S. 7474) for the relief of the heirs or estate of N. Her mogene Breaux, deceased (with an accompanying paper); Mr. HALE submitted the following report: A bill (S. 7475) for the relief of the heirs or estate of Carme lite Boudreau, deceased (with an accompanying paper); The committee of conference on the disagreeing votes of, the A bill (S. 7476) for the relief of the heirs or estate of Se two Houses on the amendments of the Senate to the bill (H. R. venne Boudreau, deceased (with an accompanying paper); 19255) making appropriations for the diplomatic and consular A bill (S. 7477) for the relief of the heirs or estate of Joshua service for the fiscal year ending June 30, 191L having met, Bond, deceased (with an accompanying paper); after full and free conference, have agreed to rec-0mmend and do A bill (S. 7478) for the relief of Auguste Albarado (with an recommend to their respective Houses as follows : accompanying paper); That the Senate recede from its amendment numbered 7. A bill (S. 7479) for the relief of the heirs or estate of Joseph That the House recede from its disagreement to the amend Bloch, deceased (with an accompanying paper) ; ments of the Senate numbered L 2, 3, 4, 5, 6, 8, and 9; and agree A bill (S. 7480) for the relief of the heirs or estate of Ursin to the same. Bernard, deceased (with an accompanying paper); EUGENE HALE, A bill (S. 7481) for the relief of Joseph Bernard, jr. (with an JOHN KEAN, accompanying paper) ; and . A. s. CLAY, A bill (S. 7482) for the relief of Emerante Arseneanx and 'Managers on the part of the Senate. beirs or estate of Ovignac Arseneaux, deceased (with an accom D. J. FOSTER, panying paper); to the Committee on Claims. J. S. FASSETT, By Mr. HALE: WM. M. HOWARD, A bill (S. 7483) granting an increase of pension to Wright Managers on the part of the House. Bisbee (with an accompanying paper); and . A bill (S. 7484) granting an increase of pension _to Charles The report was agreed to. M. Perkins (with accompanying papers); to, the Committee on l\Ir. HALE. That is the :final disposition of another appro ;pensions. priation bill. We are keeping well up in that regard with the By Mr. KEAN: House. A bill (S. 7485) for the adjudication by the Court of Claims of the claim of Henry A. V. Post individually and as liquidat IMPROVEMENT OF THE ANACOSTIA FLATS. ing partner of the firm of Clar~ Post & Martin; to the Com .Mr. GALLINGER. I present a report of. Hugh T. Taggart, ID.ittee on Claims. special counsel, on the ownership of lands and riparian rights A bill (S. 7486) granting an increase of pension to Wash al-0ng the Anacostia River, In the District of Columbia. It is a· ington W. Watts (with accompanying papers); to the Commit very important paper, and I move that it be printed as a doeu.J tee on Pensions. ment and referred to the Committee on Commerce ( S. Doc. By Mr. GALLINGER: No. 462.) A bill (S. 7487) to require the Chesapeake and Ohio Canal The motion was agreed to. Company to build and maintain bridges, etc., over the Chesa Mr. GALLINGER. In connection with the report, I ask that peake and Ohio Canal (with an accompanying paper); to the the letter of. transmittal from the Comlnissioners of. the District Committee on the District of Columbia.. of Columbia be printed as a part of the report, the report to COURT OF COMMERCE, ETC. follow the letter of the commissioners, and referred to the Com mittee on Commerce. Mr. BURTON submitted an amendment intended to be pro The VICE-PRESIDENT. Without objection, it is so ordered. posed by him to the bill ( S. 6737) to create a court of commerce and to amend the act entitled "An act to regulate commerce," WITHDBAW ALS OF PUBLIC LAND. approved February 4, 1887, as heretofore amended, and for Mr. CHAMBERLAIN. I desire to give notice that to-morrow, other purposes, which was ordered to Ile on the table and be after the completion of the routine business, I will address the printed. Senate on the bill (S. 5485) to authorize the Secretary of the AMENDMENTS TO APPROPRIATION BILLS. Interior to make temporary withdrawals of areas of public Mr. SCOTT submitted an amendment proposing to· appropri land pending report and recommendation to Congress or for ate $250,000 for replacing barracks and quarters, Philippine examination and classification. · Islands, intended to be proposed by him to the sundry civil appropriation bill, which was referred to the Committee on HOUSE BILLS REFERRED. Military .Affairs and ordered to be printed. The following bills were severally read twiee by their titles Mr. BURNHAM submitted an amendment providing that the and referred to the Committee on Military Affairs : pay of any letter carrier on a water route who furnished his H. R. 9197. An act for the relief of Reed B. Granger; own power boat and is employed during the summer months H. R. 18359. An act for the relief of Thomas Cluney ; and be fixed at not to exceed $900 per annum, intended to be pro H. R. 20872. Ail act for the relief of William J. McGhee. posed by him to the post-office appropriation bill, which was re The following bills were severally read twice by their titles ferred to the Committee on Post-Offices and Post-Roads and and referred to the Committee on Pensions: ordered to be printed. H . R. 23095. An act granting pensions and increase of pen sions to certain soldiers and sailors of the civil war and certain AMENDMENTS TO RIVER AND HARBOR BILL. widows and dependent relatives of such soldiers and sailors; Mr. FLETCHER submitted an amendment providing for the H. R. 23217. An act repealing part of the act of March 5, 191.0, survey of Jupiter Inlet, Florida, intended to be proposed by relating to an increase of pension to Jacob Whitlock; him to the river and harbor appropriation bill, which was re H. R. 23371. An act granting pensions and increase of pensions ferred to the Committee on Commerce and ordered to be printed. to certain soldiers and sailors of the civil war and certain He also submitted an amendment proposing to increase the widows and dependent relatives of such soldiers and sailors; appropriation for improving Carrabelle Bar and Harbor, Flor- and 1910. CONGRESSIONAL -RECORD-SENATE. ·3843 H. R. 23376. An act granting pensions and increase of pen The result was announced-yeas 52, nays 4, as follows: sions to certain soldiers and sailors of the Regular Army and YEAS-52. Navy, and certain soldiers and sailors of wars other than the .Ila con Clapp Foster Paynter civil war, and to the widows and dependent relatives of such Bourne Clark, Wyo. Gallinger Penrose Bradley Clay Guggenheim Perkins soldiQrs and sailors. Brandegee Crane Johnston Piles Briggs Crawford Kean Purcell THE CALENDAR. Bristow Cullom Lodge Rayner Brown · cummins Mccumber Root The VICE-PRESIDENT. The calendar under Rule VIII is in Bulkeley Curtis McEnery Smith, Mich. order. 'l.'he Secretary will announce the first bill on the cal Burkett Davis Money Stephenson Burnham Depew Nelson Sutherland endar. Burrows Dixon Nixon Taylor The bill (S. 3724) regulating injunctions and the practice of Burton Fletcher Oliver Warner the district and circuit courts of the United States was an Chamberlain Flint Page Wetmore nounced as the first bill in order. NAYs-:-4. Mr. KEAN. Let the bill go over. Elkins Hale Heyburn Shively The VICE-PRESIDENT. The bill will go over. NOT VOTING-36. The bill ( S. 1630) to provide for the construction of a me Aldrich Dick Jones Scott Bailey DUlingham La Follette Simmons morial bridge across the Potomac River from Washington to the Bank.bead Dolliver Lorimer Smith, Md. Arlington estate property was announced as next in order. Beveridge du Pont Martin Smith, S. C. Mr. KEAN. Let the bill go over. Borah Frazier New lands Smoot Carter Frye Overman Stone The VICE-PRESIDENT. The bill will go over. Clarke, Ark. Gamble Owen Taliaferro The bill (H. R. 12316) to provide for the government of the Culberson Gore Percy Tillman Canal Zone, the construction of the Panama Canal, and for Daniel Hughes Richardson Warren other purposes, was announced as next in order. So the motion was agreed to ; and the Senate as in Com Mr. S~IOOT. I ask that the bill may go over. mittee of the Whole, proceeded to consider the joint resolution. The VICE-PRESIDENT. 'rhe bill will go over. The VICE-PRESIDENT. The Secretary will read the joint The bill ( S. 5485) to authorize the Secretary of the Interior resolution. to make temporary withdrawals of areas of public land pend The Secretary read the joint resolution. ing report and recommendation to Congress or for examination Mr. CLARK of Wyoming. Mr. President, I simply desire and classification was announced as next in order. to make once more, in the presence of Senators, a statement of Mr. NELSON. Let the bill be passed over for the present. the exact purport and object of this joint resolution, which has The VICE-PRESIDENT. The bi11 will be passed over. already been passed by the · other House. The bill { S. 5715) providing for the establishment of building On the 2d of March a year ago, in the consideration of bills lines and special building restrictions in the District of Colum then pending, the co.nference committee agreed to the provision bia was announced as next in order. exactly in the shape in which this joint resolution presents it. Mr. KEAN. Let the bill go over. In some way or other between that time and the time it reached The VICE-PRESIDENT. The bill wHI be passed 9v-er. the President the proportion was changed, so that instead of 20 per cent the enrolled bill read 5 per cent; and in that way it RESURVEYS OF PUBLIC LANDS. was signed by the President. That was entirely contrary to ·The joint resolution (H, J. Res. 116) to amend an act to cor the provision of the conference report as it passed both Houses rect chapter 271 of volume 35, United States Stat'utes at Large, of Congress. This joint resolution is to correct the law in that was announced as next in order. respect, so that the law upon the statute book shall express the Mr. HEYBURN. ·Let the joint resolution go over. will of the two Houses of Congress, instead of the error which '.rhe VICE-PRESIDENT. The joint resolution will be passed crept into the law in the office of the enrolling clerks or other over. wise. l\Ir. CLARK of Wyoming. I move that the Senate proceed Mr. HEYBURN. Mr. President, one would suppose under to the consideration of the joint resolution, notwithstanding the circumstances such as those suggested by the Senator from objection. Wyoming [Mr. CLARK] that there would be a report accom Mr. HEYBURN. I move to amend so that the question shalJ panying this resolution setting forth the facts somewhat in be: Shall the joint resolution go over under Rule IX? detail and with accuracy. We find no such report. We find Mr. CLARK of Wyoming. Mr. President-- no report that suggests any sufficient reason for vacating or The VICE-PRESIDENT. The motion is to proceed to the repealing a law on the ground that somebody, whose name is not consideration of the joint resolution. mentioned, changed the figures. The law that has existed from Mr. HEYBURN. Is that amendable? the beginning, giving absolute verity to enrolled bills, becomes The VICE-PRESIDENT. The Chair thinks that it is not a mere plaything if a joint resolution can declare, without any amendable. evidence being brought before Congress, that some clerk wrote Mr. HEYBURN. Is it neither amendable nor debatable? the wrong figures or the wrong principles into a bill. The clerk The VICE-PRESIDENT. It is not. is not named. •The fa~t is, there is not a scintilla of evidence Mr. HEYBURN. Of course I accept the ruling of the Chair. accompanying this joint resolution in any way that such a I hope the joint resolution will not be taken up, because it will mistake was ever made. occupy the rest of the day. Mr. President, it is a great thing to have power, but it is a The VICE-PRESIDENT. The question is on agreeing to the much greater thing to know how to use it. This joint resolution, motion of the Senator from Wyoming. [Putting the question.] like another matter a few days since, has been forced upon ·The ayes appear to have it. the attention of the Senate under unusual circumstances. Mr. HEYBURN. On that I ask for the yeas and nays. Knowing that a joint resolution of this kind could not be de The yeas and nays were ordered. bated under the five-minute rule when it was before the Senate on a former occasion, I asked that it go to Rule IX, in order The VICE-PRESIDENT. The Secretary will call the roll on the motion of the Senator from Wyoming to proceed to the con that it might be relieved of that restriction. Objection · was sideration of the joint resolution. notwithstanding the objection made. It was insisted that the joint resolution could be con of the Senator from Idaho. · sidered under Rule VIII, with the five-minute limitation. Upon the exercise of the legislative right to object to the considera The Secretary proceeded to call the roll. tion of the joint resolution under Rule VIII, a motion is made Mr. CRAWFORD (when Mr. GAMBLE'S name was called). that it be taken up, notwithstanding the ·objection. If it is My colleague. [Mr. GAMBLE] is necessarily absent. He is paired taken up under Rule VIII, notwithstanding the objection, with the Senator from Maryland [Mr. SMITH]. what becomes of the privilege under Rule VIII of objecting? The roll call .was concluded. If it is not taken up under Rule VIII, is it under any restliction Mr. FLINT (a:fter having voted in the affirmative). I am as to debate? · paired with the senior Senator from Texas [Mr. CULBERSON]. Mr. GALLINGER (in his seat). Absolutely none. I transfer my pair to the senior Senator from Delaware [Mr. Mr. HEYBURN. I take it, as the Senator from New Hamp nu PoNT], and allow my vote to stand. shire suggests sotto voce, absolutely none. Mr. JONES (after having voted in the negative). I wish to Now, you have entered upon a pretty large question. I had ·ask if the Senator from South Carolina [Mr. SMITH] has voted? supposed that the great legislative measure that is the unfin The VICE-PRESIDENT. The Senator has not voted. ished business and some other measures were of such impor Mr. JONES. I have a general pair with that Senator and tance that an ordinary measure would receive no consideration therefore I desire to withdraw my vote. whatever for want of time and appropriate opportunity. It 3844 CONGRESSIONAL RECORD-SENATE. ~MARCH 28, seems that is not true; it seems that Congress is not in a hurry; gu,ests have been invited; their fare has been paid, and their it seems that some of the .strong importunities that have been provender paid for by the Government of the United States. If brought to 'Our notice on one or more occasions, that we were they haT"e eo:me, it has been for the glory of the State; and if not to interrupt the orderly :flow of that great measure and the they have not come, it is doubtless because they are waiting to tide of legislation because the country was standing marking come there or to Idaho. It was no more and no less than the time and breathless for its enactment, were only a dream. duty of the men who represented those States to do what they Mr. President, that being the case, I am eonstrained t~ pro did. It is creditable that they should have conceived the idea ceed to the c-0nsideration of this joint resolution. It seems to of doing it, and that they should have accomplished it, whether be urgently insisted upon by a majority of the Senate that this th,ey were in the legislative or the executive branch of the Gov measure shall now be considered. They are impatiently await ernment. The result is most interesting. I have it here in au ing the deb.ate and the consideration of it. I presume they will official letter. Now, Senators, I want your attention for a mo be as patient in listening to the presentation of it, and give it ment, and I will wait until I have it. I want the attention of that close and careful attention that we might reasonably ex Senators to these figures, because they in themselves are an argu pect from members of this body who demand with such urgency ment. I am going to give you the proportion of each public-lanu and impatience the consideration of this great measure. State that is surveyed and that unsurveyed: I know, in view of the fact that you have expressed your Idaho~ 53 per cent unsurveyed; Washington, 27 per cent un views as to the importance of this measure, that you will give surveyed ; Montana, 45 per cent nnsur-veyed ; Nevada, 44 per its consideration that careful attention that would be indicated cent unsurveyed; Colorado, 2 per cent unsurveyed and 98 per by your vote to take it up in this hour. Why? Is there an cent surveyed; Utah, 50 per cent unsurveyed; Wyoming, 94 per urgent necessity for this legislation? Is the business world cent surveyed and 6 per cent unsurveyed. waiting breathless in order that it shall be determined as to When we were discussing the measure that came O'Ver from what percentage of an appropriation for public surveys shall the House last year we were able to convince the Senate then be expended here or there? I notice in your faces that longing that the proposition of setting aside 20 per cent of the fund ap to know how this great question shall be decided. I noticed propriated for public snrveys to make resurveys was only in the impatience with which you answered to the roll call in the interest of the States that otherwise would not share in it, order that your hearts might be gladdened and your judgment and we objected. The Senate sustained our objection and cut gratified by knowing how this f1111d was going to be appor down the percen.tage of the appropriation to 5 per cent. That tioned among those States-a question of such startling im was the judgment of the Senate a year ago. I trust that it portance. I will show you how important it is, and 1 hope will be the judgment of the Senate now. It was the judgment that Senators who voted for its consideration will feel con of the Senate that it was grossly unfair and unjust to appro strained by a sense of duty to listen carefully in order that they priate 20 per cent out of this fund for public surveys to the may vote intelligently on this matter. A few days since, on making of resurveys in States that had already had their full the last legislative day, the Senate grew very impatient to know share of the appropriation of the past and in which the sur- whether the State of Idaho should hold its constitution as veys had been made. The Senate sustained that proposition a against legislation of this body to take it away, and it occupied year ago. I trust that the wisdom of the United States Senate nearly two hours Qf my time upon this :floor-a labor that I has in no way diminished since that time. I trust and believe could ill affo1·d to expend upon it-to prevent a vote as to that the Senate of the United States is as wise to-day as it was whether or not the constitution of Idaho should be repealed a year ago; that it is as just to-day as it was a year ago. because somebody thought it should have been otherwise when I am invoking that sense of justice. I am not asking Senators enacted; in other words, you seemed anxious, fellow-Senators, to ehange their votes ; I am asking them to sustain the justice that these questions that atiect the State of Idaho alone shall they administered then. It is within your power to say that be settled promptly and quickly when the demands come from to those who have shall be given, and to those that have not outside of the State ot Idaho. The solieitude that you display shall be taken away, and you proba-bly would find some kind in regard to Idaho's affairs is something remarkable, and, under of doctrine in support of that proposition, but I doubt if it is some circumstances, would be very gratifying. applicable under the Constitution of the United States. I can understand· why the State of Wyoming and the State Mr. Presid~nt, we have 28,583,000 acres of land unsurveyed in of Colorado-although the State of Col-0rado seems to have, in the State of Idaho, and we want the money to survey them in my judgment, a more reasonable view of this matter-but why order that a leg-al status shall be attached to them that will the State of Wyoming should insist that it should share again in enable the settler to take them and live upon . them. That is .. public appropriations that it has already had its share in. I all we are asking. Montana is in the same position. I can think I shall be able to show the reason, if you will pardon my hardly conceive of her differing from Idaho in this matter. deliberate consideration of the question, and probably throw Wyoming is not. Wyoming ate at the first table, and she ate a some light npon it. · full meal. She wants to come back, the feast not being over, Public surveys are the basis of title to all lands in our State, and have the same proportion of this fund . in whieh she has and were onee the basis of title to all lands in all the States. already participated as those who are just sitting down to the Until they are completed no tiUe can be acqu;ired. The State table. I do not believe that the Senate will support such a con whose lands are surveyed can gain in population and in wealth, tention. and the State whose lands are n6t surveyed can not. The I repeat, for the benefit of Senators-and I intend to stand States whose lands are not surveyed stand still, because no here and discuss thi.s question until every Senator has at least title can pass to the settler before survey. had an opportunity of knowing the facts before he vot.es-I The great State of Wyoming was very anxious some years .again call the .attention of Senators to the fact that a year ago ago that her lands should be open to settlement, as she thought they voted as I ask them to vote now, and nothing has occurred the whole world was standing at the gate waiting to enter a.nd in regard to this question since. take those lands and build homes upon them. This great State Mr. President, a map is not a convenient thinO' to handle in of Wyoming represented to the Congress of the United States debate upon the :floor of the Senate, but I am going to give every that, if they 1orndQ, that you may was tvue. .call upon the county sun·eyor .to locate them; and .he do.es it The -Senn.tor :b-.om Wyoming stated un 1l. .former occasion that .officialzy., certifies it, and his certificate is evidence in court. .he did not .serve npon "that conlference :eammittee. Am I rigllt? Last year, or the year ·before perhaps, there was a large ap- Mr. CLARK of Wyoming. The Senator i s absdlutely comieet. propriation of a gross sum for resurveys alone-more than we But I suppose the Senator, aE well as the Senate itself, will :take received fo.r original surveys-in the State of Colorado, and J: :o.ffi:cial .knowledge :of the }Jroeeedings of this body. The Sena.'t<0r think in the State of Wyoming~ ~ think they Teceiv;ed inde- very well knows 'that, :a:s a matter o·f fa.ct, the conference report ;pendent of this· blll a •greater amount .than we .received for the was ~ The signature of the President of this body; the signature ln t)le States below and the percentage of the latter, I have the honor to of the Speaker of the House; and the signature of the Presi- advise you that, according to my last annual report, the acreage up to June 30, 1909, is as follows ; dent of the United States give absolute verity and truth to this measure as against a charge that some unnamed clerk Area. Surveyed. Unsurveyed. juggled with figures. There is not a word in the record to justify it. . Why did not the Speaker of the House, or some Member of the House, call attention io this fact when they Acres. Acres. Acres. 58,618,560 25,034,676 28,583,884 were contending for the enJarged amount and were supposed 42, 775,040 31,564,498 11,210,542 to be on the alert for it? Why did that body place its seal and 93,296,640 51,700,402 41,500,238 signature upon the bill that changed the rule it adopted as to 70,285,440 39,331,500 30,953,847 66,341,120 65,204,977 1,136,143 the division of these funds? While it plight be said that the 52, 597,760 25,007,140 26,900,620 s~nate was not on the alert, yet would not the House and the 62,460,160 58,734,804 S,725,356 committees of the House and the Speaker of the House be on the alert to see whether or not they could not retain the bill The ~ercentage of unsurveyed land is as follows: as they had passed it? Would they not be ready to criticise a Per cent. ~~~~~~~~~~~~~~~~~~~~~~~~~~ ~y~~~~g~~~~~~~~~~~~:~_:~_~_::_~=-==-==-==-==-==-==-~=-==-==~-~-~=-==-==_=:~_:~-~-~~-~=-==_::~-~--~-~=-==-~~-~=----~_-=_::_~~=_=_~:~_=_: !! this body and the Committee on Enrolled Bills of this body 6 seem not to have found anything irregular in its enactment or Very respectfully, FRED DENNETT, Oo11imissi oner. any ground to believe that the will of Congress, expressed Mr. HEYBURN. l\Ir. President, the public-land question is through the accepted channel, had been tampered with. It one of the most important of all public questions, and has been only seemed like a short cut for them to come here with a so considered from the beginning. The great speech made by joint resolution and charge a mistake in legislation; that the 1\Ir. Webster in another hall in this building was made during Congress would say, "certainly; if we have made a mistake, a great controversy over the public lands of the United States let us correct it." Ordinarily we would; but the interests at a time when that great section of the country where this involved, considering their nature and character and extent, question now arises was an unknown, unnoticed, and condemned promptly awoke a suspicion that this measure ought to be care- country; and that great orator, speaking upon that occasion, fully scrutinized and thoroughly considered and discussed. favored the yielding up of all that part of the United States That is what we are proceeding to do; that is, one member west of the Rocky Mountains to whoever would take it, in order of the Senate is proceeding to do it. that this Government might be relieved of a burden that could I would not for a moment stand in my place and attempt to never be profitable. filibuster against a measure that I thought came fairly and In Richardson's Beyond the Mississippi, a book of my boy squarely before this body and represented an honest sentiment, hood, I read the other day where he spoke of this country, and entitled to the respect of the people, and when I say that I say he said it may some day be a grazing country, but as for it without any invidious reference to any person. But I refer raising any kind of crops upon it, there is no possible hope in to the entire scheme of overreaching one part of the people in the future. There had been some mines there, he said, but he the interest of another. It is not my intention to be charged thought they had been worked out. We have produced more ever with having exercised my full duty and power in behalf than $500,000,000 out of those mines since that time, and the of or in opposition to legislation in this body other than upon lands that he condemned constitute to-day as fertile a section my conscience. of the world as the sun shines upon. · I feel that to enact the joint resolution, changing the law of In the State of Idaho, as shown upon the map, there are see- the land, would be a crime against the people of my State, be- tlons that looked as barren as the Desert of Sahara to those cause it closes the door against the settler, because it locks up men skilled in statecraft, wise in history and knowledge of the the Treasury against the public schools of the State, because it events of the past. They could see nothing good in them. No delays the settlement of great questions as to our public-land· one ever went to that country upon the recommendation of 1\Ir. system and its application to the State. Webster, or l\Ir. Richardson, or Mr. Colfax, or any of those men. Mr. President, I am going to ask unanimous consent that in They went there through the impulse that brought their ances- connection with my remarks these maps presenting a picture tors across the ocean. · of tbi outrage be inserted in the RECORD. They went there under the impulse that made those old pio- Mr. CLARK of Wyoming. The Senator refers to maps of neers of the Atlantic shore withstand the storms of winter and Idaho? the freezing blasts in their little open boats upon the sea and l\Ir. HEYBURN. Yes; I refer to maps showing the surveyed they founded an empire. 1\Ian has placed his mark upo~ it· ands and the public school lands. government has attached its hand of control to it; the spirit 1\Ir. CLARK of Wyoming. In Idaho? of justice hovers over it; and we only appeal that its flight Mr. HEYBURN. Yes; in Idaho. These maps show the vast may not be tampered with. Give us even justice. areas of public lands within the unsurveyed portion of our I will not say I am astonished at the Senator from Wyoming State and which are therefore made unavailable, unless one [Mr. CLARK], because, as I have said before, his patriotism out takes the chance to have made private surveys, which may ·be runs sometimes the kindlier feeling of justice, and Idaho lies found when they come to be checked with the general scheme of beyond him. Wyoming gets the sun first. We get it after public surveys not to fit. Wyoming is through with it. Mr. President, perhaps sometime The PRESIDING OFFICER (Mr. PAGE in the chair). Does the Senator will claim that Wyoming should have the Public the Senator from Idaho prefer that request at this time? Treasury first and that Idaho should get it after Wyoming has Mr. HEYBURN. Yes; I prefer it now. basked in its sunshine to its heart's content. The PRESIDING OFFICER. The Senator from Idaho asks I wonder what the position would be if the sun should rise unanimous consent. that the maps presented by him may be in the west for a little while, or if the doors of the Treasury made a part of the RECORD. Is there· objection? The Chair of the United States should swing open first in Idaho. I want hears none, and it is ordered. to try it a while. Senators sit here calmly-and my criticism Mr. HEYBURN. I also ask to have inserted in the RECORD is not an unkind one-and force this question up, and force the a letter received from the Commissioner of the General Land question of endurance in its behalf. Mr. President, I have never Office, under date of 1\Iarch 17 of this year, giving the areas yet faltered in a fight for my faith, and I have never yet fal surveyed and unsurveyed and the percentage of surveyed and tered because it was t<>o heavy a burden to stand for the right. unsurveyed lands in seven of the public-land States. Sometimes the right comes to us as the sunshine from heaven The PRESIDING OFFICER. Without objection, it is so or- or the balmy breezes in the mornmg, without effort on our dered. part, and at other times we are compelled to stand against the The letter is as follows: sternest blasts of adversity, compelled to meet the silent and AMOUNT OF' S URVEYED AND UN S URVEYED AREA IN IDAHO, llfO~TANA, unexplaining opposition of men who will not listen to the call WYOMING, NE VADA, UTAH, WASHINGTON, AND COLORADO. of right, who will not rest their eyes upon the balance of jus- DEPARTJllENT o F THE INTERIOR, tice, to determine where it swings. But the man who shirks GENERAL LAND OFFICE, the harder task is apt to gain little by tbe lesser. 11 1910 Hon. w. B. HEYBURN, Washi ngton, D. a., Maroh ' ·- I would not stand here and offend the ears of Senators with United states Senate. mere declamation in the interest of any cause. I would stand MY DEAR SENATOR; In compliance with your request of the 16th here as long as my human strength would endur.e ~o P.rotect th.e Instant to be advised as to the amount of surveyed and unsurveyed area people whom I have sworn to represent from an mJustice of this 1910'. CONGRESSIONAL RECORD-SENATE~ 3847 kind. The man in public. life- who marlrs the smile of approval .. We. fincl ourselves: in that" position,. why? Because this is a and. shrinks from the frown, of disanp:i::obation had. better go great question of state, one involving the destiny of the coun Im.cl;;: into the forest. and li.Ye alone~ He is not fit for public try? No; but because- I. fear· they overestimate their capacity controversy. to force tt through. The time may come when. my· strength Mr. Presfdent;. we are asked by tlie· joint :r.esolntion. ta: negative may fail, but it will not fail before-2 o'clock tu-day, Mr; Presi a law tlLa t has stood the test ancl passed the scrutiny. o:fi the Con dent; and it is my intention,. if necessary.. after that hour to gress of the United States. Whew was the Committee on En speak on the land-court bill; which is an amendment to the roiled Bflls? Are- you going tu charge it with neglect" of duty most important: measure relative: to- interstate commerce.. now ur with, incompetence? It is: the duty of that committee,. be pending as the unfinished business. fore bills are- presented to the- presiding officers: fin.• signature~ The land-court bill is a "Very imrrortunt measure; It is in ta compare them with the process of enactment at every stage. tended that in that tribunal questions relative to the ownership A man who can stand up here: and1 charge that a commJttee in or right to occupy the public- lands of the United States or: to this body a:ncf the cori:espondfug committee of thee ether Honse acquire-title to them shall be-determined.tin courts ot law, where were neglectfnl of their-duty should bring- some evidence of it the pa.t'ties meet each other before a. triimnalcompetent to deter That the trick of figures, the trick of- statement that ma:y work mine every question:. in controversy; and certify it as other com·ts its way into the report of a conference ·committee should be certify their· decision.a in the shape of a judgment: roll. that shall weighed, against :r ivote upon tlie record' o-r· this and the otfier come to the executive department of the Government~ and that body, the signature ot t1ie officers of the respectfve bodies ancf of· there shall be nO! right to question: or cavil as: to it. No in the President· of the United· States, would: establish a nrecedent spector shall be sent out to-see whether or not the. court's judg so dangerous that there would not be that stability of the law ment is. su:sta.i:ned by the facts; no special ofiicers are to· be· sub as it is sent out to the people contemplated I>y the founders-and stituted for the· court in determining this- question~ but a neces.sary for. the security of. the peo-ple. rt might be-a: law rela tribunal whose judgment shall. be final and upon. who~e judg.. tive to- a. reasonably small sum for 1.mblie surveys or it might be ment the. rights of the settler shall rest;. and the rights. of the a law upon which the peace or safety of the-co11Il.ti:y rested. We Government shall attach as the grantor of a. title. have these- cummittees of inspection of bills in. order that- there That is the amendment nowpending:to the interstate-commerce may be na miscarriage of: justice-or defeat to the wiII of tlie bill, and it is the· only thing: now pending before the S-enate in Senate. regard to that bill. It has not been. discussed. I think when the Mr. President, it was announced. on the last legislati.ve· day distinguished Senator in charge of that bill a few days· ago gave that this. day would be occupied with. tl:ie consideration of such a lucid explanation of its provisions he overlooked th.e great measmes supposed to- affect the transportation ques amendment under considera:tiDn. I have not. charged him with tiorr, the commerce of the Nation. There- is a measure· on the doing it ~ecause he .is· not in sympathy with. it, for I sincereiy calendar that will be in order in fifteen minntes, reported from hope and almost believe that when the time- comes he will cast the Committee on Interstate Comm.ere~ said to ha:ve originated his vote in favor o.f that amendmen~ But, Mr.:. President,. I. um withirr the sacred precincts of some branch of the executive unable at this hour to say whether or not that measure wfll be department o:t the Governmen4, wha presented their wisdam presented.. for the consideration of the Senate in more. than the to a. committee of this body who found merit and. virtue- in fermal way, to be laid aside temporarily. I merely mention it it and were wtllfng to rec.ommend to this bod.:x that it be because were this qµestion, forced in· this· unholy manner upon enacted'. into Iaw~ The importance of th-at- legislation. has been the- Senate this morning, ta be the- business under. conside:rati:on extolled and. magnified upon the floor- of. this body day after this afternoon, I think I would· take- occasion to discuss· the day, generally by those- who- are opposed to it. That bill is- a amendment to the railroadi transportation. bill. sort of a Gessler's. hat, which ia- raised up from. behfud the ~ P_resident~ I i;;incerely hope that this measure· will not" be barricade to receive the worS:hip· of the people. r have not passed. I have presented a number of reason& why it should seen or believed any great aggregation of" people around: the not be· passed. I have shown that to pass it would be a: stJ:Iltifi bases- of the Alpine hills- gazing with· awe upon tfiat hat. I cation of the action' of the· Senate a year ago, when it vuted have not heard anyone calling the attention of his fellow-citi against it and did. then what I want. done to-day. I warrt the zens to: that emblem of sovereignty and sovereign will and law that was submitted in its present form: to.the inspection of power. It stands there unworshlped thiS: mo.ming because, the Committee on. Enrolled BiJls: in. the Iilouse· and in the Senate forsooth, a member of this body objects to a measure· that and by them compared with.the · proceeding. to which: the Senato~ threatens- only a little portion of the United States, in the from Wyoming app~ed and found in conformity with it, and judgment and estimation of other portions of- it, but w.llich which received the - ~ignature of the presiding officers of Con represents- ta. those people what life represents to.- any man gress and of'the President-of the United States, to be given that anywhere. vericy that it is entitled to under the· law. That is an I ask_ I We have on, the calendar for consideration--anff I. heard am not asking to change the law: r am defendi:bg the· Ia w· and the chairman insi&ting that ea:tly consideration. be given it r am defending it UIJOn the record of the law. If we ever' open the statehood bill, where the fate of the people of two of this door, you will filler somebody somewhere with ingenuitv the Territories of the United States. i.s: in the balance, where enough to show that you may go behind the record of a bill and the question is whether they shall participate in the sov defeat. it, and that is what this attempt is. It i& an attempt to ereignty enjoyed by the people of the United States. That go behind tfie record not of a single procedure, but the record of le important always, except when a question of this kind a bill, durfng wliich time it was under consideratiDn. for weeks. arises:, and some one or some cumbiruttion of ones undertak-re How it is that no one discovered this ima.ginar;y defect dnrin~ to force it through under the supposition that such. terror all the time the bill was- under consideratio~ and the conferenc~ will be inspirecl into1 th-e hearts o.f those who dare. oppose it report, the enrolled. bill in the Rouse and in the Senate, before ~nd such fatigue be engendered as. will enable them to ride the Committee on EilroITed Bills, with the action of the confer down the opposition because of its weakness. ence before them, for the purpose of comparing them. to see Well, Mr. President, it is ratlier- astonishing; aimost appalling, whether or not the bills were enrollecl in conformity-- · that this- same State, through anather representative; should [At this point the Presiding Offfcer announced tha.t the hour within two legislative days undertake to push aside the rights of 2 o'clock Ii.ad arrived, and laid the unfinished business before of its neighbor and disregard the rights of the neighbor· for. the Senate.] their own imaginary benefit. I stood here on Friday ot last week to prevent the enactment of a law only just a little more OOURT OF COMMERCE, ETC. unjust, a little more outrageous than this, either of them so The PRESIDING OFFICER. The hour of 2 o'clock having much so as to prevent the possibility of my yielding. On last arrived, the Chall:. lays before the Senate the unfinished busi Friday they proposed to substitute the power of the Secretary nessr which is Senate bill 6737. of the Interior to the constitution of the State of Idaho mid. to The Senate, as in Committee of the Whole, resumed the corr allow him to base action upon r.ules and regulations. Tliat is sideratiori of the bill (S. 6737) to create a court of commerce, and the sum total of that controversy. TP.en they thl:nk they wm to amend the act entitled "An act to regulate commerce," ap bring a pressure to bear on me, and I get something over 400 proved February 4, 1887, as heretofore amerrded, and for other words of a telegram : purposes. Your constituency regard your action with sm:.prise: and. dismay in The PRESIDING OFFICER. The pending question is on the opposing the Warren bill- amendment submitted by the Senator from Idaho' '[Mr. HEr And things like that from men who never saw a copy ot the BURN]. bill and have no adequate conception of its efi'ect should it be Mr. KEAN. Let" the amendment be read. enacted into a law. They are friends of mine,, and I do not The PRESIDING OFFICER The Secretary will read the speak with· any disrespect at all. amendment. 3848 CONGRESSIONAL RECORD-SENATE. :MARCH 28, Mr. HEYBURN. It has been read once. I do not care to THE TARIFF BO.A.RD. have it read. The VICE-PRESIDENT laid before the Senate the following The Secretary proceeded to read the amendment. message from the President of the United States ( S. Doc. No. Mr. BORAH. The amendment has been · read once. I sug 4~), which was read, and, with the accompanying paper, re gest to the Senator from New Jersey that unless he wants to ferred to the Committee on Finance and ordered to be printed: kill time there is no use to have it read again. Mr. HALE. Let us have a vote on it. To the Senate and House of Representatives: l\Ir. HEYBURN. If the amendment comes up I shall have . In my annual message in discussing the tariff act of August to speak on it. 5, 1909, I referred to the maximum and minimum clause and The PRESIDING OFFICER. Does the Senator from New _discussed the power reposed in the President in that clause and Jersey insist on having the amendment read? expressed the opinion that it would enable the President and Mr. KEAN. No; I do not insist on it. the State Department, through friendly negotiations, to secure The PRESIDING OFFICER. . The question is on agreeing the elimination from the laws and the practice under them in to the amendment submitted by the Senator from Idaho. any foreign country of that which is unduly discriminatory Mr. SHIVE.LY. Let the amendment be fully read. agains,t the United States. I am glad to say that negotiations The PRESIDING OFFICER. The Secretary will read the under that clause are now substantially completed with all the amendment. nations of the world, with results that are. satisfactory; and I The Secretary resumed the reading of the amendment. come now to the further functions of tlte tariff board appointed Mr. SHIVELY. After consultation with Senators, I with by virtue of the power given the President in the maximum and draw iny request for a further reading of the amendment. minimum clause. Upon the subject of this tariff ·board I used The PRESIDING OFFICER. The request for a further the following language: reading of the amendment is withdrawn. The question is on The new tariff law enables me to appoint a tarilf b~ard to assist me the adoption · of the amendment proposed by the Senator from in connection with the. Department of State in the administration of the minimum and maximum clause of the act a.nd also to assist officers Idaho [l\Ir. HEYBURN]. of the Government in the administration of the entire law, an examina Mr. HEYBURN. Mr. President, certainly the bill is not in tion of the law, and an understanding of the nature of the facts which shou.ld be considered in discharging the functions imposed upon the Ex a position to call for a vote on the amendment. ecutive show that I have the power to direct the tariff board to make a Mr. HALE. Does the Senator desire to go on now? comprehensive glossary and encyclopedia of the terms used and articles Mr. HEYBURN. No; I do not desire to go on, but if forced, embraced in the tariff law, and to secure information as to the cost of production of such goods in this country and the cost of their produc I will do so. tion in foreign countries. I have therefore appointed n tariff board Mr. HALE. I do not think the Senate will oblige the Senator consisting o.f three members and have directed them to perform all the to go on. The chairman of the committee, as far as I know, duties above described. The work will perhaps take two or three years, and I ask from Congress a continuing annual appropriation equal has no arrangement for any other Senator to speak, and there to that already made for its prosecution. I believe that the work of fore I will venture to move that the Senate proceed to the con this board ·will be of prime utUity and importance whenever Con~ess sideration of executive business. shall deem it wise a.gain to readjust- the customs duties. If the racts secured by the tariff board are of euch a character as to show generally Mr. ELKINS. Before the motion is put let me state that I that the rates of duties imposed by the present tariff law are excessive supposed the Senator from Idaho would have · been ready to under the· principle.s of protection as described in the platform of the proceed with the discussion of his amendment to the bill, but-- successful party at the late election, I shall not hesitate to invite the attention of Conip~ess to this fact and to the necessity for action predi Mr. HEYBURN. The Senator from Idaho is prepared, but I cated thereon. .Nothing, however, halts business and interferes with do not believe the Senate desires the discussion ·of the amend the course of prosperity so much as the threatened. revision of the ment at this time. I am prepared to take it up at a minute's tariff, and until the facts are at hand, after careful and deliberate in vestigation, upon which such revision can properly be undertaken, it notice or less, but I do not know that that is any reason why I seems to me unwise to attempt it. The amount of misinformation that should be compelled to go on now. creeps into arguments pro and con in respect to tariff rates is such as Mr. ELKINS. I do not want to compel ,the Senator to go on to require .the kind of investigation that I have directed the taritr board to make, an investigation undertaken by it wholly without re at this time. spect to the etl'ect which the facts may have in calling for a readjust Mr. HALE. That is the reason why I made the motion for ment of the rates of d~ty. an executive session. Upon consulting the members of the tariff board I find that Mr. ELKINS. I have no desire, I will state to the Senator, to carry out the purpose announced in my annual message it to insist that he shall speak to-day. · will be necessary to have an appropriation by the Congress, im EXECUTIVE SESSION, mediately available, for the current and the next fiscal year, of Mr. HALE. I move that' the Senate proceed to the considera $250,000, and I respectfully urge upon Congress this appropria tion of executive business. tion. I have directed the Secretary of the Treasury to submit The motion was agreed· to, and the Senate proceeded to the an estimate of the same in the statutory method. The state consideration of executive business. After fifteen minutes spent ment of _the shairman of the tariff board, showing the necessity in executive session the doors were reopened. for the amount asked, is herewith submitted. WM. H. TAFT. PRESIDENTIAL APPROVALS. THE WHITE HOUSE, March 28, 1910. A message from the President of the United ~tates by M. C. THE PHILIPPINE COMMISSION. Latta, one of his secretaries, announced that the President had approved and signed the following acts: The VICE-PRESIDENT laid before the Senate the following On March 24, 1910 : message from the President of the United States, which was S. 6721. An act permitting the building of a railroad bridge 1·ead and ordered to be printed, and, with the accompanying across the Mississippi River at Bemidji, in the State of Min documents, referred to the Committee on the Philippines: nesota. To the Senate and House of Representatives: . On March 26, 1910 : I transmit herewith, for the information of Congress, the S. 6851. An act authorizing the village of Taylors Falls, annual report of the Philippine Commission for the year ended Minn., and the villag.e of St. Croix Falls, Wis., to construct a June 30, 1909, and a copy, of the laws passed by the government bridge across the St. Croix River; of the Philippine Islands between August 23, 190~, and June 26, S. 6286. An act to authorize the Copper River and North 1909. western Railway Company to construct a bridge across the WM. H. TAFT. Copper River, in ·the district of Alaska, and for other purposes;, THE WHITE HOUSE, March 28, 1910. and S. 6229. An act to extend the time for the completion of a AARON CORNISH-VETO MESS GE. bridge across the Missouri River at Yankton, S. Dak., by the The VICE-PRESIDENT laid before the Senate the following Yankton, Norfolk and S~uthern Railway Comp_any. · message from the President of the United States ( S. Doc. COURT OF COMMERCE, ETC, No. 464) which was ordered to be printed, and, with the accom panying bill, c;>rdered to lie on the table. Mr. BORAH. I ask for a reprint of the bill (S. 6737) to create a court of commerce and to amend the act entitled "An 1.'o the Senate: act to regulate commerce," approved February 4, 1887, as here · I return herewith, .without approval, Senate bill No. 4671, tofore amended, and for other purposes, showing all amend entitled "An act to amend the military record of Aaron Cor ments opposite the section to which they have been offered, to nish," for the reasons stated in ·the following report of the gether with the name of the Senator proposing each amend- Adjutant-General of the Army: · ·ment, except the amendment submitted by the Senator trom The facts in the case of Aaron Cornish, for whose relief the ·accom Idaho [Mr. HEYBURN], which is pending. __ ,_ panying bill ( S. 4671, 61st Cong., 2d sess.) . was passed, an• fully The VICE-PRESIDENT. Without objection, it is so ordered. set forth in the statement made by this office February 5, 1908, and 1910 . . CONGRESSIONAL RECORD-SENATE. 3849 printed in the inclosed Senate Report, No. 66, Sixty-first Congress, sec CONFIRMATIONS. ond session. The bill Is objectionable because, if approved, it will require that for Ea;ecutive nominations conjir1ned by the Senate March 28, 1910. all purposes that are controlled by the laws of the United States, Aaron Cornish shall be held and considered to have been honorably discharged SURVEYOR OF CUSTOMS. as assistant surgeon from the Ninety-seventh New. York Volunteer In fantry. But it is a fact that Assistant Surgeon Cornish was dismissed George H. Holliday to_be surveyor of cu'stoms at Knoxville, from the military service of the United States as of the organization Tenn. mentioned September 8, 1862, ln pursuance of an 01·der issued by com petent authority. In addition to this the approval of this bill will PROMOTIONS IN THE NA VY. require an alteration of historical records that should be kept inviolate. Ensign Simeon B. Smith to be a lieutenant (junior grade). If approved the bill will also require the issuance of a certificate of honorable discharge in the case of an officer who, as a matter of fact, Lieut. (Junior Grade) Simeon B. Smith to be a lieutenant. was not honorably discharged from the military service. It is impos The following-named lieutenant-commanders to be lieutenant- sible to discharge Cornish honorably now, because both he and the commanders: organization of which he was a member passed out of the military service of the United States and beyond military control more than Gilbert Chase, forty years ago. And to issue a certificate to show that he is now, or Walton R. Sexton, was at some previous time, honorably discharged from the military Walter M. Falconer, service of the nited States would be to issue a false certificate.. It is easily possib1e, without any alteratiort of historical records and Henry N. Jenson, without the issuance of a discharge cer.tificate that is contrary to the Andrew T. Graham, fact, to confer upon Aal"On Co1·nish, or any other person claiming under Arthur St. C. Smith, him, any right or benefit to which he, or such other person, would have been entitled, if it were a fact that he actually was honorably dis Austin Kautz, charged from the military service of the United States. If, as is pre Hilary Williams, and sumably the case, .it is desired to give him, or some other person claim William C. Asserson. ing under him, a pensionable status, of which be or such other person is now deprived by reason of the fact that he was not honorably dis The following-named paymasters with the rank of lieutenant- charged, that object can be accomplished with certainty, without requfr commander: lng any alteration of records and without the issue of an incorrect dis j ona than Brooks, charge certificate, by enacting a law providing as foilows: "That in the administration of the pension laws, Aaron Cornish, who Eugene F. Hall, was assistant surgeon, Ninety-seventh New York Volunteer Infantry, Franklin P. Sackett, shall hereafter be held and considered to have been discharged honor David M. Addison, ably from the military service of the United States as a member of said organization on the 8th day of September, 1862." William T. Wallace, Victor S. Jackson, WM. H. TAFT. John R. Sanford, and THE WHITE HOUSE, March 28, 1910. Herbert E. Stevens. Mr. HALE. I move that the Senate adjourn. Naval Constructor Henry T. Wright, with the rank of lieu The motion was agreed to; and (at 2 .o'clock and 25 minutes tenant, to be naval constructor with the rank of lieutenant p. m.) the Senate adjourned until to-morrow, Tuesday, March commander. . 29, 1910, at 12 o'clock meridian. Lieut. Commander Oscar W. Koester to be a commander. The following-named en~igns to be lieutenants (junior grade) : Erneiit A. Swanson, • NOMINATIONS. Charles H. Shaw, R. E:cecutive nominations received by the Senate March 28, 1910. Earl Shipp, Harold G. Bowen, JUDGE OF THE POLICE 0oURT. William T. Lightle, James L. Pugh, of the District of Columbia, to be judge of Ross S. Culp, and the police court of the District of Columbia,-vice Ivory G. Kim Sylvester H. Lawton, jr. The following-named lieutenants (junior grade) to be lieu- ball, whose term has expired. tenants: ISTHMIAN CANAL CoMMISSIONER. Ernest A. Swanson, Maurice H. Thatcher for appointment as a member of the Charles H. Shaw, and Isthmian Canal Commission, provided for by act of Congress Earl R. Shipp. approved June 28, 1902, -entitled "An act to provide for the Snrg. Francis W. F. Wieber to be a medical inspector. construction of a canal connecting the waters of the Atlantic Lieut. Commander Albert L. Norton to be a commander. and Pacific oceans." Ensign Grafton A. Beall, jr., to be a lieutenant (junior grade). . Edmund A. Brodmann, a citizens of Illinois, to be a chaplain UNITED STATES ATTORNEY. m the navy. Farish Carter Tate. of Georgia, to be United States attorney, POSTMASTERS. northern district of Georgia. (A reappointment, his term hav ing expired December 17, 1909.) GEORGIA. APPOINTMENT IN THE ARMY. W. J. Roberts, at Arlington, Ga. James 0. Varnedoe, at Valdosta, Ga. MEDICAL RESERVE CORPS. Frank Le Moyne Hupp, of West Virginia, to be first lieu ILLINOIS, tenant in the Medical Reserve Corps, with rank from March Joseph M. Arnin, at Columbia, Ill. 24, 1910. ·John Biggs, at Westfield, III. PROMOTIONS IN THE NAVY. Peleg A. Coal, at Gibson City, Ill. The following-named paymasters in the navy with the rank John H. Creager, at West Chicago, Ill. of lieutenant-commander to be paymasters in the navy with the William L. McKenzie, at Elizabeth, Ill. rank of lieutenant-commander from the 20th day of February, 1910, to correct the dates from which they take rank as pre MARYLAND. viously confirmed : George l\f. Evans, at Elkton, Md. Charles R. O'Leary, Robert S .• McKinney, at Taneytown, Md. Charles W. Eliason, Cuthbert J. Cleborne, MICHIGAN. John D. Robnett, Clayton L. Bailey, at Mancelona, Mich. George W. Pigman, jr., Aaron W. Cooper, at Fowlerville, Mich. George W. Reeves, jr., George W. Dennis, at Leslie, Mich. Ray Spear, and Edward D. Skeels, at Whitehall, Mich. Christian J. Peoples. A.. Brink Tucker, at Otsego, Mich. The following-named assistant naval constructors in the n:tvy Aaron R. Wheeler, at St. Louis, Mich. with the rank of lieutenant (junior grade) to be assistant 1mval constructors in the navy with the rank of lieutenant from the MISSOURI. 31st day of January, 1910: James C. Harrah, at Jamesport, Mo. Lee S. Border, DaYid R. Walker, at Ozark, l\Io. John C. Sweeney, jr., James 0. Gawne, and MON:r'AN~. Alva B. Court. Campbell C. Chaffin., at Hamilton, :Mont.- 3850 CONG~ESSIONAL RECORD-HOUSE. MAR0H ·2s,. NEW J'EB.SEY. DIPLOMATIC' AND CONSULAR APPROP.BIA.TION BILL, ·Alexander C. Yard, at Trenton, N. J. Mr. FOSTER of Vermont. Mr. Speaker, I present a confer PENNSYLVANIA. ence report for printing under the rule. Fred J. Andrus, at Cross Fork, Pa. The SPEAKER~ The gentleman from Vermont presents a William L. Gouger, at Danville, Pa. conference report for printing under the rule. The Clerk will George W. Schoch, at Mifflinburg, Pa. report the title. The Clerk read as follows : A bill (H. R. 19255) making appropTiations for the diplomatic and WITHDRAWAL. consular service for the fiscal year ending .Tune 30, 1911. Exectt..titve nomination withdrawn from the Senate March ~8, 1\Ir. TAWNEY. Mr. Speaker, I desire to ask the gentleman 1910. from Vermont if this is a final report. 1\Ir. FOSTER of Vermont. It is. George P. Hoover, of the District of Columbia, to be judge Mr. TAWNEY. What disposition was made of the amend of the police court of the District of Columbia. · ment which the gentleman stated, in effect, the House would have an opportunity to vote upon, $250,000 for the United States of Colombia? HOUSE OF REPRESENTATIVES. Mr. FOSTER of Vermont. I win say, Mr. Speaker, that that amendment remains in the bill. • MONDAY, March ~8,_ 1910. · Mr. TAWNEY. The conferees have agreed to it without giv The House met at 12 o'clock n<'on. ing the House an opportunity to vote upon it. Prayer by the Chaplain, Rev. Henry N. Couden, D. D. The conference report (No. 878) is as follows: The Journal of the proceedings of Saturday, March 26, 1910, was read and approved. CONFERENCE REPORT. CALL OF THE HOUSE. The committee of conference on the disagreeing votes o! the Mr. DWIGHT. Mr. Speaker, I make the point. of order two Houses on the amendments of the Senate to the bill (H. R. that there is no quorum present. 19255) making appropriations for the diplomatic and consular The SPEAKER. The gentleman from New York makes the service for the fiscal year ending June 30, 1911, having met, point of order that there is no quorum present · The Chair after full and free conference have agreed to recommend and will count. [After counting.] One hundred and seventeen do recommend to their respective Houses as follows : Members are present, not a quorum. That the Senate recede from its amendment numbered 7. Mr. DWIGHT. Mr. Speaker, I move a call of the House. That the Honse recede from its disagreement to the amend The SPEAKER. The question is on a motion of the gentle ments of the Senate numbered 1, 2, 3, 4, 5, 6, 8, and 9; and man from New York, that there be a call of the House. ag1·ee to. the same. The question was taken; and on a division (demanded by D. J. FOSTER, Mr. HUGHES of New Jersey) there were-ayes 64, noes 25. J. S. FASSETT, So the motion was agreed to. WM. M. HOWARD, The SPEAKER. The Doorkeeper will close the door, the Managers on the part of the House. Sergeant-at-Arms will notify absentees, and the Clerk will call EUGENE HALE, the roll. JOHN KEAN, The Clerk called the roll, when the following Members failed A. S. CLAY, to answer to their names: Managers on the part of the Senate. Alexander,,N. Y. Edwards, Ky. Hinshaw Peters Ames Ellerbe Houston Plumley DONATIONS FOB A BBANOH LIB.BA.BY. Andrus Esch Howard Pray Ansberry Fairchild Hull, Iowa Reeder Mr. SMITH of Michigan. 1\-Ir. Speaker, I move that the Barchfeld Fassett Humphreys, Miss. Reynolds House resolve itself into the Committee of the Whole House on Barnard Fitzgerald .Johnson, Ohio Rhinock the state of the Union for the consideration of District of Co Bartlett, Nev. Foelker Kitchin Riordan lumbia business. Bennett, Ky.. Fordney Kronm.iller Rucker, Colo. Bingham Fornes Lamb Sabath The motion was agreed to. Borland Foulkrod Langley Saunders Accordingly the House resolved itself into the Committee ot Broussard Gnllagher Legare Sharp Burke, Pa. Gardner, Mruis. Lindsay Simmons the Whole House on the state of the Union for the consideration Calder Gardner, N . .T. Lundin Slemp of District of Columbia business; Mr. GAINES in the chair. Capron Garner, Pa. McDermott Small Mr. SMITH of Michigan. Mr. Chairman, I call up the bill Carlin Gill, Md. McHenry Snapp 4624. Cocks, N. Y. Gilmore McKinlay, Cal. Southwick s. Conry Godwin McLachlan, Cal. Taylor, Ala. The CHAIRMAN. The gentleman from Michigan calls up Cook Goldfogle Maeon Taylor, Colo. the bill which the Clerk will report. Covington Gordon Miller, Kans. Townsend The Clerk read as follows: Cox, Ohio Grant Moon, Pa. Turnbull Cravens Griest Moon, Tenn. Wallace A bill (S. 4624) to authorize th.e Commissioners of the District of Co· Crow Guernsey Moore, Pa. Weisse lumbia to accept donations of money and land for the establishment Denver Hanna Mudd Wiley of a branch library in the District of Columbia, to establish a com Dickson, Mlss. Hardwick Murdo'ck Willett mission to supervise the erection of a branch library building in said Driscoll, D. A. Heflin Palmer, A. M. Woodyard District, and to provide for the suitable maintenance of said branch. Durey Hill Palmer, H. w. Young, N. Y. Be it enacted, etc., That the Commissioners of the District of Colum- bia be, and they are hereby, authorized to accept from Andrew Carnegie Mr. GARRETT. Mr. Speaker, my colleague, Judge HOUSTON, a donation not exceeding $30,000 for the purpose of erecting a suitable is confined to his bed by illness. I therefore move that he be branch library building in Takoma Park, subject to the approval of the commissioners and the public library trustees, and to accept conveyance excused on this call. of unencumbered land considered suitable by the said commissioners The motion was agreed to. and library trustees as a site for a branch library !or Takoma Park. Mr. BARTLETT of Georgia. Mr. Speaker, my colleague [Mr. And authority ls hereby conferred upon a commission, to consist of the Commissioners of the District of Columbia. the chairman of the HAru>wrcK] is absent on account of sickness in his .family. He committee on branch libraries of the library trustees, and the librarian was called from the city on Saturday evening by telegram, say of the public library of the District of Columbia, to supeTVise the erec ing that a inember of his family was sick. I therefore move tion of said branch library building: Provided, That such branch library building shall not be opened for public use until Congress shall here that he be excused on this call. after provide for the necessary expenses. of . ma in taining said branch The motion was agreed to. librar~ when the same shall be completed and ready for such use. Mr. STURGISS. Mr. Speaker, I have a telegram here from Mr. SMITH of Michigan. Mr. Chaimmn, I yield to the gentle the gentleman from K~ntucky [Mr. LANGLEY], dated this morn man from New York [1\Ir. OLCOTT]. ing, saying that he had been called home by illness in his family. Mr. OLCOTT. Mr. Chairman, the purpose of this bill is ex I therefore move that he be excused on this call. plained by the bill itself. It authorizes the Commissioners of The motion was agreed to. the District to accept a gift of $30,000 from Mr. Carnegie to The SPEAKER. The call of the roll shows present 283 establish a branch library in that portion of the District which Members, a quorum. is commonly known as Takoma. There are in that district Mr. OLMSTED. Mr. Speaker, I move to dispense with fur approximately 10,000 population. Some years ago there was ther proceedings under the call. given to the Government for the use of the city of Washington The motion was agreed to. the sum of $375,000 by Mr. Carnegie to establish the central The SPEAKER. The Doorkeeper will open the doors. library. Mr. Carnegie's stipulation in off~ring this gift wa11 1910. CONGRESSIONAL RECORD-HOUSE. 3851 that Congress should apply 10 per cent of the cost of the build· maintenance of the library would probably cost not more than ing for the annual maintenance of the library. In 1903 Mr. $2,500 a year. Carnegie made an offer to provide $350,000 for the establishment Mr. MADDEN. I wish to ask the gentleman if it i.s his of branch libraries, when in the wisdom of the commissioners belief that we should continue the policy of accepting dona it was thought that the time had arrived for such establishment. tions from Mr. Carnegie for the erection of public buildings? A bill a uthoriZing the acceptance of the second proposed gift Mr. OLCOTT. It is most thoroughly my belief that we of Mr. Carnegie was passed by the House of Representatives, shou~d accept money given under this general idea of Mr. Car· · but failed in passing in the Senate. From time to time separate negie whenever sections of the District of Columbia seem to bills ,have been introduced for this particular branch which it make it wise so to do. is now designed to establish under this bill. The citizens in Mr. MADDEN. Does the gentleman thin)r we ought to es that portion of the District known as Takoma have provided tablish a new library every time we have a location that has a site, which is entirely suitable and adequate in the minds of 10,000 people in it? the commissioners, and they seek now to obtain, as a portion Mr. OLCOTT. I will not go so far as to say that necessarily of this $350,000 designed by Mr. Carnegie as a gift to the city that is so; but I do want a new library established here, and of Washington, the sum of $30,000 to be used in the establish· I want the precedent established that the people in that lo· ment of this particular library. cality shall give the site for the library, so that hereafter if it Mr. MADDEN. Will the gentleman yield? is ever asked that we should pay for both site and mainte· Mr. OLCOTT. · If the gentleman will first allow me to make nance we will be able to point to this precedent. my statement, I will then answer any question he may desire. Mr. MADDEN. Does the gentleman think that the present In connection with this matter I would say that the central public library in the District of Columbia affords all the fa. building now here has outgrown its capacity. Last year there cilities required by the public? were very nearly 850,000 visitors to the central library. That Mr. OLCOTT. I am absolutely certain it does not. I think means approximately 71,000 a month, or over 2,300 people a there are a great many people who would use the branch day. Takoma is 6 miles away, and the people of that district library that would not have the small amount of money neces· need this additional facility. I should have stated in that con· sary to go to the central library in the evenings and get back nection, besides the large number of visitors to the central home. library, that 600,000 volumes were in circulation. The question Mr. MADDEN. I understand this donation is made upon the naturally comes up as to what the cost of maintenance will be. notion that we give at least 10 per cent of the amount of the Predicated on the cost of the maintenance of the central library, donation every year for the maintenance of the building? and taking the views expressed by the librarian, it is estimated l\Ir. OLCOTT. The original grant of $375,000. that the first stock of books that will be necessary will be The CHAIRMAN. The time of the gentleman from New $1,000. The maintenance of this library, it is estimated, will York [Mr. OLCOTT] has expired. not be more than $2,500 a year, the detail of such expenditure Mr. OLCOTT. I ask for five minutes longer. being as follows : For a branch librarian, $720 ; for a page, Mr. SMITH of Michigan. I yield to the gentleman from New $360; for a janitor, only part of his time being utilized, $240; York such time as he desires. fuel, light, telephone, and so forth, $480; annual expenditure Mr. MADDEN. The thing I would like to have the gentle· for books and periodicals, $700, or an amount of $2,500. man answer to the committee in this, especially, whether he Mr. MADDEN. Will the gentleman now yield for a question? thinks it is wise to legislate in favor of the erection of public Mr. OLCOTT. I will now yield to the gentleman. libraries for the accommodation of people of the various States Mr. MADDEN. Does the gentleman know how much it costs out of the Public Treasury of the United States? to maintain the present public library? Mr. OLCOTT. I do not. Mr. OLCOTT. It now costs about $54,000 a year; that was Mr. :MADDEN. Then the gentleman admit~ the last appropriation. Mr. OLCOTT. Please ask your question. Mr. MADDEN. Does the gentleman know how many people Mr. MADDEN. I am going to ask you a question, but I there are in the territory to be served by the proposed public want to preface it. The gentleman admits that this library branch library? will serve a large population living in the State of Maryland. Mr. OLCOTT. Approximately 10,000. In view of that admission, does the gentleman believe it is wise Mr. MADDEN. Does the gentleman know how many of these for the Federal Government to establish the library at this people live in Maryland? location? Mr. OLCOTT. None of the 10,000, I think. Mr. OLCOTT. I would say in regard to that, that the gen· Mr. MADDEN. I beg the gentleman's pardon. There are tleman from Illinois knows perfectly well that there are a large about 40 per cent of the people who are to be served by this number of people who use the Congressional Library who liv~ library who live in .Maryland. in the near·by States. They visit the central library, too. People Mr. OLCOTT. I am quite ready to answer that question. who live in Maryland and Virginia and the near vicinity, people As to the gentleman's objection that some of the people live in who are employed here, or people temporarily delayed here, Maryland, I will say that of the 800,000 people who visit the away from their homes, use the library constantly. I am glad library here in Washington many live in Maryland and many of it. I think the United States should maintain and continue in Virginia, and all are welcome to go to that library. the principle which it has laid down. I think it is for the best Mr. :MADDEN. Does the gentleman believe that it is the interest of the public, for visitors as well as residents. business of the District of Columbia to establish public libraries Mr. MADDEN. This is not a question of visitors. Does the for Maryland and Virginia? gentleman think there ought to be a library built in the State Mr. OLCOTT. I did not make any such statement. A great of New York, in the State of Illinois, in the State of Pennsyl· number of people that live in that portion of Takoma that is vania, or any other State of the Union, for the accommodation over the Maryland border are employed in this District. of these people; built by the United States out of the pockets Mr. MADDEN. The gentleman just stated a few minutes ago of the people of all the United States? that none of the people, none of the 10,000, live in Maryland. Mr. OLCOTT. I do not think that a library should be erected Mr. OLCOTT. I said I thought there were 10,000, without in the State of Illinois out of the pockets of the people of the the other people, who would benefit by this library. United States. I am not asking you to vote for this bill because Mr. MADDEN. I make the statement based on information such an idea is contemplated. furnished to me by the librarian of the public library. Mr. MADDEN. It is embodied in the bill. Mr. OLCOTT. Very well, then; I will take your figures. Mr. OLCOTT. I am asking that a library be built in the Mr. MADDEN. And I do not think his statement is correct. District of Columbia for the use of the citizens and residents Mr. OLCOTT. I yielded for a question. of the District, and if perchance visitors are here, that they Mr. MADDEN. Does the gentleman think the Government of shall have the liberty to use the library. the United States ought to accept donations from Andrew Car Mr. MADDEN. It is not a question of visitors; it is an negie for the purpose of constructing public library buildings? attempt to establish a number of these branch libraries. Mr. OLCOTT. I do. That has already been determined by Mr. OLCOTT. It never occurred to me that if the State of the acceptation of $375,000. It has been determined by this Illinois had a library on the border line between Illinois and House, several Congresses ago, by the acceptance of the $350,000 Missouri that the gentleman from Illinois would hold that the of which I have spoken. people of the State of Missouri were not welcome to use that - Mr. MADDEN. Does the gentleman know how much it is library. going to cost per capita to maintain this library? Mr. MADDEN. The people of Illinois supply their people Mr. OLCOTT. In view of the fact that the gentleman has with libraries out of their own money, and there ought not to be called into question my figures as regards the population, it a demand made on the United States that it shall build public would be difficult for me to give that; but I do say that the libraries for Virginia and Maryland~ 3852 OONGRESSIONA.L RECORD-HOUSE,. 1\iAROII 28, Mr. QiiC My object 1.n offering the amend.nmnt was that ex:perienrary itself will to induce a desire to study and a love for great books; and -to stand within a few hundred feet of the District line, and is sub maintain -a proper respect for the sanctity of home and for stantially 1'or the benefit of the 'I)e{JP1e -of the wllo-1e community? law and order among the -peopl.e as through the good books Mr. GARDNER of Michigan. Certainly. the people get -and read from these free drculating libraries: Mr. DOUGLAS. Why shonld mn; the people outside of the I think their establishment by law is wise legislation; the line contribute something to the support of the 111>:rary? money for their ,maintenance well expended; and all for the Mr. GARDNER of Michigan. Nearly all th~ people li-ving on benefit of the masses, and destined beyond doubt to promote the the l\faryland side of the line derive their means of Bustenance general welfare. All honor and all praise to Andrew Carnegie; from the city of Washington; that is, they have their work and all success and all prosperity to the free circulating libraries here in Washington, but have gone ·across the line to live :be he is establishing in .America. [Applause.] ca'llse they can b-uy or build cheaper tnan they can in the 1\Ir. Sl\!ITH of Michigan. Mr. Chairman, T yield two minutes District o.f -Oolambia. to the gentleman frm:n Kentucky [Mr. JorrNSON]. Mr. SMITH of Michigan. 'Mr. .Chairman, I yield five min Mr. JOHNSON of Kentucky. Mr. Chairman, I jnst sent up utes to the gentleman from New York [M-r. SULZER]. to the Clerk's desk and .had read for information an amend Mr. SULZER. 1\Ir. Chairman, this 1.s a good bill in the in ment. Lnter on I 'Shall ask that -amendment to be ·treated as terest of education, and, in my opinion, there should be no oppo offered. It relates to line 5, page 1, of the bill. There is a pro sition to it. Let us see for a mnment just what the bill does. vision that Mr. Carnegie shall not be permitted to gi-ve more Mr. Andrew Carnegie, ·a public-spirited and philanthropic citi than $30,000. I have offered that amendment t-0 provide that zen of our country-and ~ say all honor to him-is willing -to bef°'re this work is undertaken he shall give no less than $30,000. give $30,000 to build a library in Takoma Park, one of the In other words, he may send down here a cheek for $5,000 suburbs ·of the District of Oohrml>ia. The citizens living in and under that the commissioners could ·go ahead and build. that place are willing to donate the site, and all that the Con If this bill passes in its present shape, and Mr. Carnegie do gress is asked is to allow it to .be done. Why should we refuse? nates any sum that he chooses less than $30,000, a cheap house The bill appropriates no money at present out ot the Treas may be constructed -eut there and the Government will be called ury. All that we are asked to do is to accept this donation upon to furmsh it wi-tb 'books and to hire people to stay there from Mr. ·Carnegie in 1:he interest .of education. 'The people 'Of and take care of it. In my judgment, this ·should not be done. Takoma P.ar'k are dona ting the land, and all Congress wm have Mr. OLCOTT. ·wm the gentleman yield a moment& to do in the tuture is to maintain the library. T.llat is what Mr. JOHNSON o-f 'Kentucky. Yes. the citizens in every -city of this country are doing in regard Mr. OLCOTT. I was in charge of this bill when the -gentle to libraries donated by ,the generosity of Mr. 'Carnegie. The man from Illinois [Mr. MANN] first made his suggestion. I said District of Columbia should certainly i:lD the same. I was willing to accept that as an ·amendment at the proper The necessity for public libraries is everywhere aek-nowl time. edged. They supplement the school system and are an integral Mr. JOHNSON of Kentucky. I did not 'SO understand. factor 1n popular education. When it is considered that only There is one other feature of this bill that I desire to call at a small percentage of the population continues in school after tention to, and that is that these people who are seeking to tbe compulsory period has been reached, it is easy to ' Se~ what have this library established have, with a great deal of foresight, a free circulating library may do in helping a man to continue located the lat 1lpon which it is to be built just a few feet his education 'by reading ; to study along the lines of his trade within the District of Colnmbia. I can not understand why or business; to improve his minil; and increase hls ,earning they should not have located that lot in the heart of the city capacity by a greater knowledge of matters of .moment. of Takoma rather than in the District of Columbia if they were As an effective educational institution the public library of not seeking to impose upon the District of Columbia the mainte the Distriet of Columbia is ranked among tbe very 'first in the nance of the library, 1n order to let the Takoma people escape country. During the last 'fiscal year it ha-0 a cuculation of any part of the cost of its maintenance. 600,000 volumes and an estimatea attendance of 850,000. It Mr. SMITH of Michigan. Mr. Chairman, I yield three serves well tile people of the D1strict. It can' not, however, minutes to the gentleman from Massachusetts [Mr. WEEKS]. reach those who 1ive 1ong distances from the building. If a Mr. WEEK'S. Mr. Chairman, in substantially its present man needs a book, be can, of ·course, get nn a ca-r and travel form I think this bill ought to pass. I am not greatly taken back and fortb for it. ·But the work which the central library with the proposition which has been offered by the gentleman does in be1pi:ng school children with their class work, debates, from Illinois [Mr. MANN], and which has · just been indorsed and so forth; all the literature it puts at the disposal "Of me by the gentleman from Kentucky [Mr. JOHNSON]. It will 'be ehanics, business men, government employees, and its wide noticed that the c-hief obligation the GOTernment assumes in -variety of patrons is largely restricted to the population living this matter is that of maintaining the library. The larger the in a radius of 2 miles from the library. building, the more expense Mr. Carnegie is put to, the larger The people wbo live in Takoma Park are 6 miles from this the annual appropriation will be necessary to maintain the central library. They can use the library, at best, with great 'library. I do not know whether $10,000 or $20,000 or $30,000 difficulty. Their children are now practically without library is a suitable amount for a buililing, but I should say that service. "These ·people 'Rre anxious for Ubrar-y privileges. They $30,000 wotild be ample and prob.ably more than will be nec~ have taken active steps to obtain a branch library and have sary, and appropriating 10 per cent of that each year for main united in securing a very well-located and excellent site. tenance would require $3,000 when possibly $2,000, or 10 }>er When citizens actually take practical steps like this it indicates cent on $20,000, would be sufficient. that they feel the need and are doing their best to have it sup Mr. MANN. Will the gentleman yield? plied. We sbould help them. To do otherwise will be as short Mr. WEEKS. If 1 have more time. sighted now as it will be contrary in the end to sound public Mr. MANN. I will grant the gentleman all the tlme 'be potlcy. wants after a while. 38&4 CONGRESSIONAL RECORD-HOUSE. Mr. JOHNSON of Kentucky. Will the gentleman please miles from that suburb to the present library in the heart of call attention to the provision of the bill which says that the the city. There seems to be no good reason why this bill cost of maintaining this library shall be 10 per cent? Where should not pass and why a beginning should not be made in does that appear in the bill? establishing branch libraries throughout Washington. Mr. WEEKS. I do not know that it does appear in the bill, Mr. SMITH of Michigan. Mr. Chairman, I yield five minutes but I have understood that was Mr. Carnegie's method of giv to the gentleman from Maryland [Mr. PEARRE]. ing money to communities, that they should be obligated to Mr. PEAR.RE. Mr. Chairman, I rise to say I am heartily in appropriate 10 per cent of the gift annually for the mainte favor of this bill, and I have not yet been able to understand nance and development of the library, and I presumed that was that any serious or reasonable objection has been made to it. the condition in this case. One of the objections that has· been suggested, Mr. Chairman, I want to add, Mr. Chairman, in the city where I live, New is that this library may possibly be of benefit to some of the ton, Mass., there are about 40,000 people. It ls a scattered people of Maryland. I am surprised, Mr. Chairman, to hear community, a collection of villages. There is a library in one that suggestion come from gentlemen on the other side of the corner of the city. There are four or five branch libraries in aisle, or, indeed, from any gentleman in the House of Repre different villages from 1 to 2 miles from the main library. It sentatives. There should be a very decided "entente cordiale,'' is the policy there to establish a branch library substantially Mr. Chairman, between the people of Maryland and the people each mile from the main library building. It is a good policy, of the District of Columbia, and particularly the people of the because it encourages people to use the library when otherwise United States, and those especially who live at the capital of the they might not be able to do it. They have at comparatively United States should be kindly disposed and favorable toward easy walking distance a branch library where they can get all .the people of the State of Maryland, Mr. Chairman, if for no the benefits of the library itself. I think that policy should other patriotic reason than for the substantial and national rea be followed in the city of Washington. It does not :frighten son that the capital at Washington, all the public buildings at me at all that some of the people who may use this library Washington, including this great Hall and this great Capitol of happen to live in Maryland. If there are 5,000 or 10,000 people the United States and all the public offices, are located upon in that community who would be benefited by the establishment ground not sold by the State of Maryland to the Government of of a branch library at Takoma Park there ought not to be any the United States, but in the largeness of its patriotism and gen question about the adoption of this bill. erosity ceded, conveyed, and delivered as a gift to the people of There is now pending before the committee of which I am the the United States and all the people thereof, including, Mr. chairman, the Committee on the Post-Office and Post-Roads, a Chairman, citizens of the great State of Ohio and even citizens library post bill There are a great many people in the United of the great State of Kentucky. States who think that a library post should be established, and I say, Mr. Chairman, it does not lie with decency in the that without delay. The establishment of these branch li mouths of gentlemen on the other side of this Chamber to crit braries is along that line and will be less expensive. I hope icise the fact that the library provided in this bill may be of that not only will this bill pass, but that other branch libraries some incidental benefit to the people of Maryland. If we re will be established in the city of Washington so that all of the member, Mr. Chairman, this is simply along the line o:f sugges people may be able to have the same :facilities they would ~f tions which are made by members of the great party which 1S they lived within a mile or a mile and a half of the main the dominant party in the State of Maryland, that certain por library building. tions of the population of the State of Maryland, who are now Mr. HUGHES of New J"ersey. llr. Chairman, this proposi voters, under an amendment to the Constitution of the United tion, as I understand it, is to enable the commissioners to take States adopted by the people of a requisite number of the State, $30,000 of the money now controlled by Mr. Carnegie for the under constitutional requirement, should be deprived of the purpose of building a library. If it were possible to effect it right of suffrage because they are not sufficiently edueated. by a germane amendment to this bill, I would like to see this Therefore, I say to my good friends on the other side, in the $30,000 restored to its rightful owners, the hard-working toilers name of conscience and reason, why do not" you help to en of Pennsylvania, from whose unwilling muscles it was wrung lighten and educate those whom the contreres o! your party in by the gentleman who now proposes to so generously distribute the State of Maryland say should be deprived of the right of. it as a sort of advertising. It is not possible to do this, how suffrage by reason of their lack of intelligence and lack of in ever, and this is perhaps as good a way as could be devised to formation upon public subjects, as was said by a distinguished put this money to some use. The present proposition-- Senator from the State of Maryland in his recent campaign for Mr. SULZER. Will my friend yield to me for a moment? reelection to the Senate, to the extent, if necessary, of cuWng Mr. HUGHES of New Jersey. Certainly. ns close to the Constitution of the United States as was safe, Mr. SULZER. Do I understand the gentleman from New without violating "it to deprive certain ignorant classes of the Jersey to object to Mr. Carnegie giving away his money? American right of suffrage? Mr. HUGHES of New Jersey. I have not up to this point. Now, Mr. Chairman, if that condition of affairs exists in the Mr. SULZER. I wish he would give more away. · State of Maryland, and is so acute and so emphatic that our Mr. HUGHES of New Jersey. I wish it had been beyond his Democratic friends feel justified in suggesting and submitting power. I wish this House had so acted and the Senate had so amendments to the constitution of the State of Maryland to de acted and this Government had so acted that it would have been prive certain citizens of that State of the right of suffrage on impossible for Mr. Carnegie or any other man to have accumu account of their ignorance, why should we not enlighten our lated in his lifetime so tremendous a fortune wrung from the citizens of the good State of Maryland? people of the United States. Mr. Chairman, if this site has been purchased near to the Mr. SULZER. But he has it now; let us help him give it dividing line between the District of Columbia and the State of away. Maryland, it was not done for any ulterior purpose. It was Mr. HUGHES of New Jersey. I am not objecting to this par selected, sir, not by the citizens of the State of Maryland living ticular method of restoring it to the people. The object of in that portion of Takoma which is within the confines of the this bill is to establish a library and place books in that library State of Maryland, but by the citizens of that portion of Takoma so that the books placed in that library can reach the people that is within the District of Columbia. of the United States in part. So far, so good. Let us hope If they be satisfied, Mr. Chairman, and have selected a site, that the effect of this library, the effect of the reading of the which, I presume, they thought was the best site to meet the books upon the people who utilize that library will be that in requirements of the situation-and, perhaps, another considera the future the people will be educated to such an extent that tion was involved, namely, the cost of the site--why should the it will be impossible for other Carnegies to amass such wealth people of Maryland be blamed, or why should any gentleman, in by enforced taxation upon the people of this country to such the spirit of hypercriticism of this proposed measure, object to a degree that it will be a problem to give the money away. it because, forsooth, some incidental benefit may flow to people [Applause on the Democratic side.] of other States? · Mr. SMITH of Michigan. Mr. Chairman, I yield two min The CHAIRUAN. The time of the gentleman has expired. utes to the gentleman from California [Mr. KAHN]. Mr.· PEAR.RE. I would like two minutes more, Mr. Chair • Mr. KAHN. Mr. Chairman, it is the policy of many of the man. cities of this country to establish branch libraries in the va Mr. SMITH of Michigan. I yield two minutes to the gentle rious sections of those cities. That bas not been done hereto man. fore in the city -of Washington, and I hope that a beginning Mr. PEARRE. Why, Mr. Chairman, there is not a single pub will be made. The suburb of Takoma every year bas many lic institution in the District of Columbia which does not inci thousands of people coming to it when the Seventh-day Ad dental1y benefit the people of the State of Maryland and the ventists have their encampment there. A library of this char people of the State of Virginia, aye, and the people of the acter will be of great advantage to the people, because it is 6 State of Ohio, who have come here under various Republican 1910. CONGRESSIONAL RECORD-HOUSE. 3855 administrations in la.rge numbers~ as- patriots,. willing and rea Mr. OLCOTI'. The -District· Commissioners, subject· to the The amendment as modified was agreed to. action of this body. Mr. SMITH of Michigan. I move that the bill as amended Mr. MANN. Would not the District Commissioners have be laid aside and reported to the House with a favorable rec charge anyhow, as tl)ey are in control over the buildings in ommendation. the District of Columbia? What is the object of putting in The motion was agreed to. here a provision to confer authority upon a commission, to LETTER FROM THE ATTORNEY-GENERAL. consist of the Commissioners of the District of Columbia, and Mr. BENNET of New York. Mr. Chairmn.n, I ask unanimous the chairman of the committee on branch libraries of the consent to have read from the Clerk's desk the following letter library trustees, and the librarian of the public library of the from the Attorney-Ge.neral. District of Columbia, to supervise the erection of said branch The CRAIB.MAN. The gentleman from New York asks library building? Have we not a District architect? unanimous consent to have read a letter from the Attorney· Mr. SMITH of Michigan. Yes; but I suppose it was put in General of the United States. Is there objection 1 this bill the same as it was in the bill for the central library. There was no objection. Mr. MANN. But we did not have a District architect at that time. The Clerk read as follows: OFFICE OF' THE ATTOR:NEY-GE~"ERAL, Mr. SMITH of Michigan. What objection is there to letting Washingtori, D. 0., March 28, 1910. the Commissioners of the District, and this committee, com Hon. WILLIAM s. BENNET, posed of Theodore W. Noyes, the president; B. H. Warner, Ho-u3e of RepresentaU1ie3. Herbert Putnam, S. W. Woodward, R. Ross Perry, Wendell P. MY DEAR MR. BENNET: I read In the CONGRESSIONAL RECORD of March 25 a statement made by a Member from Colorado to the effect Stafford, Charles J". Bell, J"ohn B. Sleman, jr., and John B. that " the former attorney of the sugar trust is at the head of the Larner, all leading and enterprising citizens, supervise the Department of Justice of the present administration;" and, later on, what purports to be a quotation from a newspaper editorial, reading, erection of the building? "Attorney-General Wickersham, the former attorney o:f the sugar Mr. MANN. All worthy men. trust • • •." Mr. SMITH of Michigan. They are the gentlemen named in In order that such statements may not gain any currency, I should like to state, through you, that I never was attorney for the sugar -the bill here. trust-by which, I understand, Is meant the American Sugar Refining Mr. MANN. They are the public library trustees. They do Company and Its allied or subsidiary corporations-nor had any pro not have anything to do with this except the chairman of the fessional or business relation to it. The only possible foundation for such a statement Hes in the fact that one of my partners was, some trustees. three years ago, retained as one of counsel for the American Sugar Mr. SMITH of Michigan. That would be Theodore W. Noyes, Refining Company in a single lawsuit brought against it, and, pm·· the president of the board of trustees, and I am quite sure the sunnt to such retainer, he assisted in the defense of the company in that action, and on an appeal taken from a jo.dfment in its favor; but gentleman would not take any exception to any of the gentle in that lawsuit I was neither consulted nor did render any service. men named. Very truly, yours, Mr. MANN. The gentleman would not. Now, what is the G1il0. W. WICKERSHAM, reason for putting in a provision which takes out of the con A. ttorne11-Gene1"aZ. trol of the people who now have the control of the erection of During the reading, buildings in the District and propose to give it to someone else, Mr. BARTLETT of Georgia. Mr. Chairman, is this by it there be any reason for 1t? unanimous consent, or is it a part of the debate? Mr. KAHN. It the gentleman w1ll permit me, it seems to The CHAlliMAN. It is being read by unanimous consent. me that the parties referred to in the bill are all connected with The Clerk resumed and completed the reading of the letter. large libraries, and the pr~omptlon is, therefore, that they will CLOSING PART OF FORTY-FIRST STREET NW. better understand the needs of this library than anybody else. Mr. SMITH of Michigan. Mr. Chairman, I call up the bill By their experience in other libraries they know exactly what ( S. 5252) to authorize the closing of a part of Forty-first street is required, and in the construction of this building can adapt NW., in the Di.strict of Columbia, and for other purposes. the knowledge to the requirements and the needs of this library The bill was read, as follows : building. Be it enacted, etc., That the Commlssloner8 of the District of Colum Mr. MANN. That explanation is perfectly satisfactory to me. bia be, 11.nd they are hereby, authorized and directed to vacate a.nd Mr. SMITH of Michigan. Mr. Chairman, I ask that the abandon Forty-first street NW. between Warren and Yuma streets, and upon the abandonment of said portion of said street the same shall Clerk now read the amendment offered by the gentleman- from revert to the property abutting thereon. Michigan [Mr. GARDNER] • . The CHAIRMAN. Does the gentleman from Michigan [Mr. With the following committee amendment: Add in 11ne 8, page 1, after the word "thereon," the following: GARDNER] offer his amendment at this time? ''lProvided, however, That nothing in this net shall destroy the ease- Mr. GARDNER of Michigan. Yes; I desire to have it read ment for a street by dedication or otherwise which the District of .Co by the Clerk. lumbia now has over the property hereby a1Iected, but that such easement shall survive and revive at any time hereafter when this The CHAIRMAN. The Clerk will report the amendment property shall no longer be used for religious or educational purposes, offered by the gentleman from Michigan [Mr. GARDNER]. as it is now used." The Clerk read as follows : Mr. SMITH of Michigan. Mr. Chairman, if there are no Amend by inserting after " upeneee," in line 9, page 2, _the follow I ing: questions, ask that the bill be laid aside to be reported to the "And provided further, That the appropriation for such expenses House with a favorable recommendation. shall not exceed In any one year the sum of 10 per cent of the total Mr. MANN. The committee amendment has not been cost of sueh building." voted on. The CHAIRMAN. The question is on agreeing to the amend The CHAIRMAN. The question is first on agreeing on the ment offered by the gentleman from Michigan. committee amendment. Mr. MANN. Mr. Chairman, I think that does not come in The committee amendment was agreed to. where the gentleman from Michigan intends to have it come. The bill was laid aside to be reported to the House with a Mr. SMITH of Michigan. Ought it not to come in at the favorable recommendation. end of line 11? WAGES IN THE DISTRICT OF COLUMBIA. Mr. MANN. It ought to come In at the end of the proviso, because in the way that it is proposed to be inserted it reads: Mr. SMITH of Michigan. Mr. Chairman, I call up the bill (H. R. 18409) regulating wages in the District of Columbia. Provided, That such branch library bullding shall not be opened for public use untll Congress shall hereafter provide for the necessary The bill was read, as follows : expenses: And pt·ovidea further, That the appropriation for such ex· Be it enacted, etc., That all labor for the public benefit, such as penses shall not exceed in any one year the sum of 10 per cent of the trenches for water mains and sewers, building of streets and alleys, total cost of such building of maintaining said branch library when the collection of garbage, cleaning streets and alleys, parking, planting same shall be completed and ready for such use. trees, and all other common labor done by the District of Columbia, or by the United States Government for the District of Columbia, which Is And the gentleman will see that that combination of words not already fixed by law, shall be paid for by the week, and that the does not make sense. rate shall be not less than $2.02 per day for common laborers, and that Mr. GARDNER of Michigan. There is no objection to put eight hours per day shall constitute a day's labor under the provisions of this act. ting it at the end of the eleventh line instead of after the word SEC. 2. That this act shall go into effect thirty days after its passage, " expenses," in the ninth line. and any person who violates the same shall, upon conviction, be subject The CHAIRMAN. The Clerk will report the amendment as to a penalty of $300 tine or twelve months in prison. modified. With the following committee amendments: The Clerk read as follows: Page 1, line 10, after "dollars," strike out "and two cents." Add at the end of line 11, page 2: Add after the word .. act," in line 12, page 1, the following : "And provided f urther, That the appropriation for such expenses "Provided, however, That nothing in this act shall prevent the Com shall not exceed in any one year the sum of 10 per cent of the total missioners o:f the District of Columbia from continuing in thel.r employ oosi of such building." ment any laborer,.s who have worked falth:fully for the District ot Colum- 1910. CONGRESSIONAL .RECORD-HOUSE. ·3857 bia for a long period of ·years or employing at the rate of ·wage now Mr. MANN. That is for the entire District? paid such laborers any who have been rendered less useful by reason of age or Infirmity." 1 l\fr. NYE. Yes; for these laborers, as I understand it, af fected by this bill. MESSAGE FROM THE SENATE. l\lr. JlifANN. This includes all the common laborers and char The committee informally rose; and l\fr. CURRIER having taken women, which ·the gentleman has not mentioned, and this bill the chair as Speaker pr·o tempore, a message from the Senate, by requires them to be paid $2 a day, -although they only work· .Mr. Crockett, one of its clerks, announced that the Senate had four hours a day, and there is probably nothing for them to do agreed to the amendment of the House of Representatives to the for the other four hours. joint resolution of the following title: Mr. NYE. Eight hours a day is the legal day now fixed by S. J. Iles. 83. Joint resolution authorizing the use of a United law. States Army transport for certain purposes. l\.Ir. MANN. What does the gentleman say a bout the char The message also announced that the Senate had passed bill women? That is common labor, so called, and they work prob of the following title, in which the concurrence of the House ably three or four hours a day. of RepresentatiYeS was requested: Mr. NYE. This bill permits the exercise of discretion. S. 4GDO. An act for the relief of George W. Brown. l\fr. MANN. I do not see how it does. The message also announced that the Senate had agreed to Mr. NYE. I think it does; they would not hire them for all the report of the committee of conference on the disagreeing day if there was only four hours' work for them. · votes of the two Houses on the amendments of the Senate to the l\Ir. M.ANN. Where is the discretion? bill (H. R. 19255) making appropriations for the diplomatic and Mr. PEARRE. Will the gentleman yield for a question? consular service for the fiscal year ending June 30, 1911. Mr. l\lAl\TN. Certainly. WAGES IN THE DISTRICT OF COLUMBIA. Mr. PEARRE. Is it a fact that charwomen do not work eight hours a day in the District'/ The committee resumed its session. ,; Mr. l\fANN. Certainly it is a fact. Mr. SMITH of Michigan. Mr. Chairman, I ask for a v-ote on Mr. PEARRE. Is it not a fact also that the regular day now the commatee amendment. fi,xed ·by law is eight hours? Mr. MANN. Mr. Chairman, I should like to ask the gentle l\.1r. MANN. I do not know how far the eight-hour law fixes man from Michigan a question. the wages of charwomen, but I know that charwomen are now Mr. S:\HTH of Michigan. I yield to the gentleman from paid by the Government $20 a month and do not work eight.hours Illinois. · · a day. Under this bill the day would be eight hours, although l\fr. MA~"'N. I notice a provision in the bill here providing they might not work eight hours, and they would be paid $2 a for the payment of $2 a day for the _common labor- day. done by the District of ·Columbia or by the United States Government Mr. PEARRE; Do they not now use discretion in reference for the District of Columbia. . to the employment of charwomen, and if they do not work I take it from that that there is more or less work dorie by eight hours they do not pay them for a full day? the United States Government for the District of Columbia. Mr. MANN. I do not think the eight-hour law applies to In the sundry ci"vil appropriation bill we carry certain appro charwomen. priations, which are paid for, half out of the District funds 1\Jr. NYE. Does the gentleman think we would pay $2 a day and half out of the TreasurY. of the United States, and a part for less than eight hours' work? of that work is performed by United States Government em Mr. MANN. I think you would under this bill. ployees. Now, is. it the inte~tion of the District Committee. to Mr. NYE. I do not so understand it. This is raising the pay regulate the salaries of United Sta.tes employees or to provide 25 cents a day in some cases and 50 cents in others, and the day that, where employees of the United States or of some depart- is eight hours. . ment of the United States do some work for the District of Mr. HUGHES of New Jersey. Will the gentleman yield for . Columbia, they ·may, perhaps, be paid a different amount from a question? what they are paid when they are doing other work for the l\fr. MA1\1N. I will yield to the gentleman. United States? . l\Ir. HUGHES of New Jersey. I do not see any language in Mr. NYE. My understanding was that this related only to this bill that would justify the inference drawn by the gentle the District employees. I had not thought particularly about man from Illinois. Does the District of Columbia employ char that clause. before. I was not in the committee when it was women? discussed; but I referred the matter to the engineer's office to Mr. l\IANN. It employs a part of them . . ascertain how .many laborers within the District this ~ill wou!d Mr. HUGHES of New Jersey. I take it the charwomen in affect, and I ha ye here a letter from the engineer, which I will the House Office Building are employed by the House. read and put in the RECORD. I will read it : Mr. l\1ANN. That has nothing to do with this bill. This bill OFFICE OF THE ENGI?.""EER COMllUSSIONER applies only to District work. It applies to work performed by OF THE DISTRICT OF COLUMBIA, Washington, Mar·ch 28, 1910. the United States Government for the District, and might Hon. FRANK M. NYE, operate to change the scale of pay of the United States em House of Representati-ves, United States, Washington. ployees while temporarily working on Dist~ict work. I referred DEAR SIR: In accordance with your request for information ln con to· the case of charwomen, but I never understood that under nection with H. R. 18409, a bill regulating wages in the District of Columbia I have to advise you that the records covering present em the eight-hour law a man was required to put in an entire eight ployees of the water department, sewer department, electrical depart hours to obtain a day's pay. That certainly is not the case in ment street-cleaning department, office of trees and parking, . street reference, for instance, to the letter carrjers of the country. maintenance and paving department, bridge department, and county roads construction and repair indicate in the aggregate the following The letter carrier is not permitted to work more than eight number of employees : hours a day under the existing regulations, but if he gets through in seven hours he is not docked an hour because he does not work eight hours. Mr. PEARRE. Let me call the gentleman's attention to lines 9, 10, and 11 of the bill : The rate shall not be less than $2 per day for common laborers, and It must be understood that these numbers are variable within con- eight hours a day shall constitute a day's labor. · slderable limits, and are frequently very much in excess of .the above Does not that answer the gentieman's suggestion in regard during the busiest portions of the year and very much below during h ? the closed season for outside work. They represent simply the presl'!nt to c arwomen · state of the labor force of the departments named. Mr. HUGHES of New Jersey. l\fr. Chairman, I desire to di- Respectfully, E. M. MARKHA~I, rect the gentleman's attention to another thing in the bill which Oaptain, Corps of Engineers, u. B. Army. seems to me to confirm the inference that he draws. This bill Per R. s. B., · E=ays that the labor shall be paid for by the week. Assistant to Engineer Com.missioner, District of Oolttmbia. l\Ir. RODENBERG. That simply means a weekly pay day. • I understood from this official with whom I coll'rersed that l\Ir. HUGHES of New Jersey. I do not know how they pay, this statement would represent a pretty fair av-erage, and as whether that is what is proposed. It looks to me as though there are at present of the class receiving $1 a day and $1.25 they might make weekly contracts. a day practically none there are two classes affected IJy the l\Ir. 1'"'YE. That means to -be paid weekly. bill, one receiving · $1.50 a day and the other recei-ring $1.75 Mr. BENl'c"'ET of New York. The way this bill is drafted, is a day. These are raised, respectively, to -$2 per day. If that it not perfectly plain that a well-intentioned man who works, represents a fair average, the h1crease · would be for the two sn.y. six hours. and draws less than. a week's pay would come classes $357 per day. 1 under the penal provision_s o~ the bill. - ~d I would like to ask XLV--242 "3858 CONGRESSIONAL RECORD-HOUSE. :MARCH 28, further whether the pay under this bill is $12 a week or $14 a they pay $1.50 fo some men and $1. 7o to- others-, and the men \veek? It says that the labor shall be paid for by the week. whom they pay $L 75 here do more work or harder work or There is nothing in the bill to authorize the payment for less more dangerous work~ or, in some respects~ more disagreeable than a week~s work, and: a week is seven days. work than those men who get $1.50. Why would you put both JI.Ir. SMITH of· Michigan. Not seven working days. at the same flat price of $2 7 . l\.Ir. BENNET of New "York. There is. no statute in the Dis~ Mr. NYE. It does not necessarily put them both at the same trict of Columbia prohibiting labor on Sunday. They work here flat price. We say that the "minimum" wage to be paid to on Sunday the same as any other day. these poor people shall be $2. I have been anxious to obtain ~fr . .lll.ANN. May I ask further, in reference to the committee the floor just to say one word as to the merits of this bill and amendment, what is the reason for putting in the provision: I want to say, Mr. Chairman, that I became interested in this _Pr_ov ided, however, FJ;hat nothing ln this act sha.Il prevent the Com subject in the Sixtieth Congress. Several poar people who do nuss10ners of the Distnct of Columbia from continuing in their employ thi~ class of· work, such as digging the trenches, digging ditches, ~en t any laborers who have worked faithfully for the Distri.ct of Colum- bia for a long period of years. . and wor~ on the parks, sweeping and cleaning, the necessary Why is it necessary in enacting a law to provide that the Dis work which perhaps we may call the basic labor of this coun trict may continue in its. employ faithful employees? try, importuned me in the last Congress and I believed that some Mr. PEARRE. I will say to the gentleman that if he will thing ought to oo done in the direction of humanity to help these refer to the lette1· of the commissioners-- people out. l\Iuch more do I feel now, in view of the well in Uving be Mr. MANN. Oh, the letter of the commissioners ' refers to known increase- the cost of 1 that this should done the balance of the proviso-- and should be done speedily. These people have almost on the average five in the family. Most of them are married with or employing at the rate of wages now paid sueh laborers, any who have men been rendered less useful by reason of age or infirmity. wife and children.. It is impossible, it seems to me, for a man who works to get the necessary food-three meals a day-at That has nothing to do· with the. foregoing, because this is the- lowest figures,, as it was. claimed to us by one: of those men, in the alternative. · 20 cents a meal, which would be 60 cents a day. The support l\fr. PE.ARRE. I may say to the- gentleman that as I under~ and maintenance o.f the wife or mother,. who cooks the meals stand it the amendment was made to comply with the sugges and cares for the household, at the· lowest posSible figure he tions contained in the: letter of the commissianers. said would be 40 cents, and he figured that the three children, Mr. MANN. Tbat explanation. satisfies me. I have no ob if there be three, that the lowest amount on which they could jection myself to saying that the commissioners shall continue subsist or live would be 15 cents apiece, or 45 cents. That 1n their employ laborers who have worked faithfully for the would make $1.45,, with nothing for house rent, nothing for fuel, District, although I assume they would have that right with nothing for clothing. nothing for medical aid in case of sickness. out putting it in. the bill. If we had said they should not con Now, this is simply a proposition that is humane. ti1me to employ those who had not worked faithfully for the I want to say,. somewhat in reply to the gentleman from New District, I could see the point,, but if the District Commission York, that I believe that this Government1 honestly and eco ers are authorized to employ laborers. at all I assume they nomically managed, can afford to pay its workingmen, its pub would be authorized to employ laborers who had heretofore lie servants, well and with some- degree of generosity, and if it worked faithfully for the District~ shall be the means of fixin.g a.ny higher· rate of wages in the Mr. PE.ARRE. I would say this applies to the amoU:t of country generally,, then I,. for one" in view of the cost of living, wages and gives the commissioners the right t<.> employ at a less would welcome such a condition. [Applause.} I believe that wage than $2 a day men of long and faithful service. · this is. a. good example; I believe that in the great question of .'.Ur~ MANN. That is an alternative proposition. I call the labor and compensation for labor the Government can well attention of the gentleman to the fact that there are two propo set an example that shall give to the laborer· a reward accord sitions i_n the proviso. separated by the word " or " and not the word "and." ing· to the work that he does,. and I hold, Mr. Chairman, that this bill should not be questioned~ that we should not hesitate l\Ir. P.EARRE. That is right. There are two classes, and to do what is right. the: provision is intended to cover both. l\.Ir. HINSHAW. If I may ask the gentleman, is not it true MANN. But Mr. it does not cover both. in your. State- and mine that the common e-veryday laborer re 1 Mr. ~:!ALBY. Will the gentleman. from Illinois yield? l\fr. MANN. Certainly. ceives at least $2. a day'l NYE. I will say Ur. MALBY. I notiee, on page 1, line 11, that eight hours Mr. That would be: my judgment, but not I per day sb:a.ll constitute a day's labor under the provisions of that run absolutely up on that question. Mr. HINSHA.W. I think that is true in the section of the this act. l notice also, on line 9 ~ that any :person who violates the same, upon conviction. shall be subject to a penalty of $300 country in which I live.. fine and twelve months.' imprisonment. This bill purporting to l\fr. NYE.. I think in my State I do not know of any man fix a day of eight hours, I would like to inquire of some one doing any kind of work of this character who is not paid at having it in charge as to what would happen if a man should least $2. Now, that is an I desire to . say. work nine hours. l\fr. GOULDEN. I · would like to ask the gentleman why that l\Ir. MANN. I might say to my distinguished friend from proviso was. placed in the bilI, if you were in favor of paying New York that this shows how minds. catch up the same idea. a higher rate of. wages, namely,. $2 a day? Why did you put I had not cnugbt that,. because I had not read the second sec that proviSO- in the bill, which appears on page 21 I simply tion of the bill, but the gentleman's colleague-, the gentleman desire that for imo1·mation. from New York [Mr. BEN~TET], made the identical inquiry as lli. NYE. When this was finally acted upon by the. full com to whether, under this provision, people- who- worked less than mittee I was not present. The gentleman from Marylap.d [l\Ir. eight hours or more than eight hours might not be guilty of a PEARRE] drew the amendment, and he can answer that propo penal offense. sition better than I can. Mr. MALBY. If the gentleman will pardon me: for. a m-0ment, Mr. PE.ARRE~ I will say to the gentleman that this amend that is not the chief objection, in my judgment ~ to this bill. ment was prepared for the purpose- of endeavoring-to meet the The chief objection to this bill is that it undertakes to regulate · suggestions made by the commissioners fn their letter,. a por the price which the United States Government in the. District tion of which. he will find on page 2 of the report, and which is of Columbia is to pay for labor, which is tO' be regarded as estab to this effect : lishing a price for similar labor, probably, throughout the The effect of this biIT would be to put all laborers on the srune- foot United States; that is all. ing, regardless of their abilities ru.· energies, and would also increase the cost of work done for the District of Columbia, both by the District Mr. 1\IANN. May I ask the gentleman in charge of the bill itself and. by eonti·actors for the District. whether he would have any objection. to striking out lines 7 and 8, "or by the- Go-vernment of the United States for the District Mr. GOULDEN. Let me inquire of the gentleman if there is of Columbia.1 1 which apparently seeks to affect wages paid by not enough money appropriated annually to pay these men the United States Government for temporary work for the Gov decent wages? If they are old. and have been long in service, ernment ? why can not we afford to pay them the regular wages of $2 Mr. NYEJ. No; we will accept sueb an amendment. a day? Mr. MICHAEL E. DRISCOLL. Mr. Chairman, I would like Mr. PEARRE~ The purpose of the bill is to do tllat, anct I to ask the gentleman a question. think the gentleman is in favor of paying them fair wages. It lUr. NYE. I "yield to th~ gentleman from New York. is the intention t<> pay them $Z a day. Mr; MICHAEL El DRISCOLL. The gentleman from l\Iinne 1\Ir~ GOULDEN. It is. not. a discrimination against men who sota, eithei· in a letter read or in his statementl said that wages have been in the service a long time and who have been faith.. are $1.50 and $1.75 per day now for laborers. I assume that ful. - 1910. CONGRESSIONAL RECORD-HOUSE. _ 3859' Mr. BENNET of New York. I would like to ask my colleague Mr. NYE. That is very good. [Mr. GoULDEN], who has just spoken, to refresh my recollection Mr. BENNET of New York. I offer that amendment. as to whether or not it is correct that in our city the rate of The Clerk read as follows : wages for this work is $2 a day or more and we have an eight After the word " that,'' in line 11, insert the words " pot more than," hour day. so as to read "not more than eight hours per day." Mr. GOULDEN. That is 'correct. The city of New York The question was taken, and the amendment was agreed to. pays good wages to its employees for an eight-hour day. Mr. BENNET of New York. I just desire to offer an.other The CHAIRMAN. The question is on agreeing to the com amendment: On page 2, line 4, after the word " employment," mittee amendments. the last part of which is on that line, insert the words "at the The question was taken, and the committee amendments were rate of pay which they are now receiving," which I think was agreed to. the purpose of the original amendment of the committee. Mr. HUGHES of New Jersey. Mr. Chairman, I move to The Clerk read as follows: strike out the last word. I want to call the gentleman's ·atten After the word "employment," in line 4, insert "at the rate of pay tion to that amendment and I desire to make a suggestion which they are now receiving." . which I think will perhaps cure the defect pointed out by the Mr. PE.ARRE. That is already implied in the bill. gentleman from Minnesota [Mr. NYE]. I have been reading Mr. BENNET of New York. I do not think so. The criti the bill, and I think perhaps that the language carried is much cism of the gentleman from Illinois is practically correct, that broader than the gentleman intended, and I would suggest, on these four lines, without that amendment, constitute one class of line 6, page 1, of the bill, the insertion of the word " such " for laborers, and if the bill pass in its present form they ,are simply the word "all," so that the bill will read "and such other com permitted. to continue faithful employees in the service. This is mon labor," thereby limiting the operation of the actual labor the only way to get in a new class "any of whom have been enumerated. rendered less useful by reason of age or infirmity." What I Mr. NYE. That is in line 6? think the gentleman desired to effect was this, that they should Mr. HUGHES of New Jersey. Yes, sir; that would limit it care for them. If we pass the gentleman's bill, these faithful so as to take out charwomen and other people whom it was employees would get $2 a day; but there are a number of men never evidently the intention of the author of the bill to include. in the service who have grown old, to whom the commissioners Mr. NYE. We want to make it comprehensive. We want are paying less than $2 a day, and they would dispense with to include all we can in it. their services and employ younger men at $2 a day. I do not Mr. HUGHES of New Jersey. Do you want to include char think they ought to be discharged. I think the amendment women, who are engaged on an entirely different basis, not en which I offer is only the effect intended to be accomplished. gaged by the week-- Mr. PEARRE. I agree entirely with the purpose of the Mr. NYE. This bill does not include them, I think. gentleman's amendment, but I must differ as to the fact. The Mr. HUGHES of New Jersey. This is a trifling amendment amendment drawn as it was in the bill covers the suggestion and I do not wish to urge it-- he makes. There are two classes ·distinctly recognized in this Mr. NYE. Tfiis says, "not less than $2 per day." amendment; but the gentleman will observe that they are sep Mr. HUGHES of New Jersey. I call the gentleman's atten arated by a comma in the effective and final clause, "or em tion to the language in line 6, which reads "and all other com ploying at the rate now paid such laborers, any who have been mon labor." My amendment is that it shall read " and all such rendered less useful by reason of age or infirmity." They are common labor." both qualified by the words " rate now paid such laborers." Mr. NYE. I prefer to ham it "all other common labor," Mr. BENNET of New York. I do not agree with the gentle instead of "all such." man. I will ask him to follow the reading of the- bill as I Mr. BENNET of New York. Would it not be even better if read it: the line read " other similar common labor? " That nothing in this act shall prevent the Commissioners of the Mr. HUGHES of New Jersey. I think so, and I think it will District of Columbia from continuing in their employment any laborers carry out the gentleman's object better than the language that who have worked faithfully for the District of Columbia for a long be has in the bill. period of years- Mr. Chairman, I offer my amendment, as modified by the ·wi thout having it show that they do not get $2 a day. My suggestion of the gentleman from New York. theory is that if you make the $2 applicable to these faithful Mr. BENNET of New Y.ork. I suggest "all other similar old men, they will be dropped and younger men employed. common labor." I think unless my amendment is adopted you will let out of The CHAIRMAN. The Clerk will report the amendment. employment in the District the very class you desire to pro The Clerk read as follows : tect, men who have grown old and able to do nothing except Line 6, after the word "other," insert "similar," so as to read: to work for the District government; but this amendment will ''All other similar common labor." allow them to work for less. Mr. NYE. I accept that. Mr. WILSON of Pennsylvania. If the gentleman's amend The CHAIRMAN. The question is on agreeing to the ment is agreed to, is not there also the possibility ·that the old amendment. employees will be continued at a less rate thaI;l $2 a day for The question .was taken, and the amendment was agreed to. a long time, and it may be thereby exclude others at $2 per Mr. MANN. I move to strike m;it in lines 7 and 8 the words day, or, in other words, make the rate of those who are at the " or by the United States Government for the District of present time in the employment of the District receive less Columbia." than $2 per day, continuing the old rate to the present em The CHAIRMAN. The Clerk will report the amendment. ployees and only making $2 a day to those employed thereafter? The Clerk read as-follows: Mr. BENNET of New York. I will say to the gentleman, Lines 7 and 8, strike out the words "or by the United States Govern frankly, that is a possibility. I think the gentleman will agree ment for the District of Columbia." with me that when you have men who have grown old in the The CHAIRMAN. The question is on agreeing to the service, who are not capable of doing a full day's work, and amendment. they are working at $1.50 a day, when you make a $2 rate, it The question was taken, and the amendment was agreed to. follows as a possibility that they will get a younger class of Mr. OLMSTED. Mr. Chairman, I move to strike out the men, which will operate to put these old men off the pay rolls, words " by the week," in line 9, and insert in place thereof the and in many cases it would mean nothing else but the poor word "weekly." house. Mr. NYE. That is correct. I accept that. Mr. WILSON of Pennsylvania. The gentleman will observe The CHAIRMAN. The Clerk will report the amendment. that this bill provides for the class that are employed in ·this The Clerk read as follows: service to-day. Well, if the amendment suggested by the gen Line 9, strike out the words "by the week " and insert the word tleman is agreed to, it makes it apply to all the· old employees "'weekly," so as to read: whether they are old in age or otherwise, and they will have ·"Shall be paid for weekly." a less rate of pay than $2 a day. The CHAIRMAN. The question is on agreeing to the amend Mr. BENNET of New York. I think the gentleman is entirely ment. in error, because the second clause applies only to men who are The question was taken, and the amendment was· agreed to. newly employed, employed for the first time, but who have not Mr. BENNET of New York. I move to strike out the last their total degree of efficiency. word, for the purpo§le of asking the gentleman from Minnesota Mr. PEARRE. Mr. Chairman, I ask that the amendment of if there ought not to be after the word " that," in line 11, page the gentleman from New York be reported. 1, the words "not more than," so that the line will read "not The CHAIRMAN. The amendment has not yet been reported. ' more than eight hours per day shall constitute a day's labor." The Clerk will report the amendment. · 3860 CONGRESSIONAL RECORD- HOUSE .. _MARCH 28, The Clerk read as follows: can obtain for $2 a day, and I beg to say that that labor is Page 2, line 4, a!ter the word " employment " Insert : not the character of labor now usually employed in the District ".At the rate of pay which they are now receiving." of Columbia. What is the character of common labor through Mr. BENNET of New York. That makes it read·: out the United States which is the best that can be obtained From continuing in· their employment at the rate of pay which they ordinarily for $2 a day? It is usually the Italian labor. All are now receiving, any laborers who have worked faithfully for the over the country where you find'corporations and other people District of Columbia- employing common labor from which they expect the best re- And so forth. sults it is usually the Italian laborers. That was your intention? If this bill becomes a law, it is more than an even chance Mr. PEARREJ. The committee accept that amendment. that the common labor in the District of Columbia will soon · Mr. HUGHES of New Jersey. Mr. Chairman, I want to ask be Italian labor imported by the contractors, who will seek to the gentleman a question: Does this amendment make this sec- obtain the best labor that they can get for $2 a day. tion read that nothing shall prevent the Commissioners of the Mr. CAMPBELL. Would not that be in violation of law? District of Columbia from continuing in their employment any l\Ir. MANN. What would be in violation of law? laborers who have worked faithfully, and so forth, at the rate Mr. CAMPBELL. To import labor. of wages they are now receiving? · Mr. MANN. Oh, I do not mean to import them from Italy, Mr. BENNET of New York. Yes. but from New York and other places in the country. You do Mr. HUGHES of New Jersey. .A.ta less rate than $2 a day? not bring them here now because you do not pay the scale of Mr. BENNET of New York. Yes. prices that would bring them. We all know that the common Mr. HUGHES of New Jersey. That would seem to fix it so labor employed in the District now is not white labor; it is that those who have worked faithfully for a long time can not colored labor. It is very good of its class, but it is not of the participate in this increase. same class as the Italian labor, so far as getting the best re- Mr. BE~TNET of New York. Oh, no; it gives them the dis- sults at the least cost is concerned. And while the gentleman cretion to co.ntinue in their employment the class of laborers and all of us have the fear in our minds as to the labor with which the gentleman, who comes from a large city, and I, vote_:_ the remembrance of home-the .gentleman must remember coming from a large city, are unfortunately familiar; men who that although New York City may retain aged people in its have reached the age of 73, 74, or 75 years, who have done noth- employ at $2 a day because they can vote, nobody votes in the ing but manual labor; men who in the village where I was · District of Columbia. There will be nobody retained in the born were said to be doing" corporation work." Those men do employ here because he votes, because they do not vote here. not do a full day's work. I very much fear that the result that gentlemen seek will not Now, if you raise the rate, so it is the same as it is in the city be the result which they will obtain by the passage of this bill. of New York, $2 a day, there will be a constant temptation be- Mr. NYE. Mr. Chairman, I know of but one question in this fore the commissioners, coming as they must before this Con- case, and that is whether, in the abstract and on principle, it is gress for appropriations, to put on the younger men, possibly to right to raise the wages of these men. How far or in what reduce the force and drop these old. men on the idea that they manner it may affect contractors I do not know, but I do be ca.n not do a day's work. I do not want to see these old men lieve that most contractors would at least prefer to employ dropped off, because it seems to me that in many cases it will local laborers in the city of Washington. But whatever the mean that if they are dropped from this employment they can effect, it seems to me the question for us to determine is whether get no other employment, and they will have to secure the aid it is right that these men should have this increase of wages. of charity or something of that kind. I have never made any demagogic speech here and have no Mr. GOULDEN. Is it not a fact that in the city of New York thought of it. It is a matter .that attracted my attention in the they continue these old men and pay them the full rate of Sixtieth Congress, being on the District Committee, and I felt wages? then that the Government ought to be more generous in its pay.: Mr. BENNE'.r of New York. The $2-a-day system was ini- ment to these men, and now it seems to me as if the reason is tiated in New York City so long ago that I am not familiar with much stronger than it was then. what happened immediately after it was inaugurated. Upon reflection it seems to me that there is something in the Mr. GOULDEN. I will say that we do. point .raised by the gentleman from Wisconsin [Mr. KOPP]. It Mr. BENNET of New York. We do now, yes. strikes me that.the amendment offered by the gentleman from Mr. KOPP. I will ask the gentleman if his amendment would New York might almost emasculate this bill, for while it pro- not authorize the commissioners to continue any men that they vides that the minimum shall be $2 a day it provides, under saw fit, if they have been faithful, and so forth, whether they this amendment, I fear, or it will be so construed, that neverthe be old men or young men, at the present rate? less the commissioners may keep the force at the less rate and Mr. BENNET of New York. Unquestionably. That was the apply it to all the men affected by the bill. So it seems to me purpose of the amendment which the commissioners suggested. that the section with the gentleman's amendment would almost Mr. KOPP. Suppose they have a number of young men there neutralize the first section. receiving $1.50 a day; they will not have the benefit of this The CHAIRMAN. The question is on agreeing to the amend- increase. ment offered by the gentleman from New York [Mr. BENNET]. Mr. BENNET of New York. That was the intention of the The amendment was agreed to. amendment, but they can not employ any new men at less than Mr. .M.A...~. Mr. Chairman, I move to strike out the second $2 a day. section. . Mr. PEAiiRE. It is then left in the discretion of the com- The Clerk read the amendment, as follows: missioners as to whether they will pay them the rate of wages On page 2 strike out section 2. ~hey are now gett}ng, or i!1e $~ a day minimum.. I thin~ the The CHAIRMAN. The question is on agreeing to the amend- centJeman from New York [l\Ir .. BENNET] !J-as cm:rectly mter- ment offered by the gentleman from Illinois. preted the purpose of the committee. I will . say to the other The question was taken, and the amendment was agreed to. gentleman. [~. K~PP] th~t as I. understa.:id it the purpose of The bill as amended was ordered to be laid aside with a the commis ~oner~ m maJr?.Ilg th_e~ sugge&tion, and the purpose favorable recommendation. of the. c~~ttee Ill a~optt:ig this amendmen~ was to allow the Mr. SMITH of Michigan. Mr. Chairman, I move that the comnnss10ners to continue. n; employment old men. at th? rate of committee do now rise and report back the several bills as wages they are ~ow r~eivmg, ~ho by age and infirmity have amended to the House, with the recommendation that the lost a part of the~ efficiency, which purpose I have no doubt the amendments be agreed to and that the bills as amended do pass. gentleman appro-v es. . . . . The motion was agreed to. l\.Ir. MANN. Mr. Chairman, while I run m sympathy with a . . . . proposition to increase the rate of pay, I wish to say that I Accordingly ~e committee rose' :ind the Speaker ha~mg re- very much fear that the result of this bill, if enacted into law, sumed the chair, l\!r. GAINES, Chairm~ of the CoIIlIDlttee of will very greatly surprise gentlemen who are now urging it. the ~ole House on the state ~f the .umon, repor~ed that t_hat The proposition of the gentleman from New York now is to committee ha.d had under .coD:sideration su~dry bills, r~por~ed permit the District Commissioners to retain in the employ of b~ the Committee on the District of Columbia, ~d had directed the District aged employees. But that will not extend to con- hJ.?1 to rep.ort the sam? back to the House, with amendments, tractors who may do •any work for the District of Columbia.. with the reco~mendation that the amendments be agreed to What, then, will be the effect? You propose to raise the rate and that the bills as amended do yass. . of pay in the District of Columbia from $1.50 and $1. 75 a day The SPEAKER. The Clerk will report the bills. to $2 a day, not only for the District Commissioners but for BRANCH LIBBABY. contractors. Contractors do not now probably pay as much as The Clerk reported the bill ( S. 4624) to authorize the Oom- the District of Columbia p.~ys for common laborers. What will missioners of the District of Columbia to accept donatjons of result? The contractors will seek the best labor which they money and land for the establishment of a branch library in 1910. CONGRESSIONAL RECORD-HOUSE. 3861 the District of Colnmbiar to establish a cofilmission to super PA.RT II. vise the erection of a branch library building in said District, OBLIGATIONS AND RIGHTS OF WAREHOUSEMEN UPON THEIR RECEIPTS'. SEC. 8. Obligation ot warehouseman to deliver : A warehousEman, in and to provide for the suitabre maintenance of' said branch, the absence of some lawful excuse provided by this aet, is bound to with amendments. - deliver the goods upon a demand made either by the 1?-older of a !e The SPEAKER. Is a separate vote demanded on the amend ceipt :for the goods or by the depositor, i! such demand is accompanied If wltb- ments? [After a pause.] not, the vote will be taken en (a) An offer to satisfy the warehouseman's lien; gross. The question is on agreeing to the amendments. ( b) An otier to surrender the receipt i!. n~otiable, with. such indorse The amendments were agreed to. ments as would be necessary for tbe negotiati.on ot the receipt; and . (c) A readiness and willingness to sign, when the goods are deliv The bill as: amended was Ol"dered t<> be read the third time, ered, an acknowledgment that they haTe been delivered, i! such slgna- was read the third time. and passed. 1 tu1j; ~a~!q~~~~~h~';e!~h:1:8r:e-~r fails to de-liver the goods in CLOSING FORTY-FmST STREET NW. compllance with a demand by the· holder or depositor so accompanied, The Clerk reported the bill ( S. 5-25.2) to authorize the closing thi! burden shall be upon the warehouseman to establish the existence ot of a part ot Forty-first street NW., in the District o:f Columbia, a M1E~~ ':fu:c~~o!11~ ~~~3Q1iiseman in delivering : A warehouseman and for other purposes, with amendments.. I ts justified in delivering the goods, subject to the provisions of the The SPEAKER. Is a separate vote demanded on the amend three following sections, to one who ls- (a) The person. lawfully entitled to the possession of the goods or his ments? [After a pause.] If not, the vote will be taken en agent; gross. The question is on agreeing to the amendments. (b) A person who ls either himself entttled to delivery by the ~rms of a nonnegotiable reeeipt issued for the goods, or who ha& wntten The question was taken, and the amendments were agreed to. authority from the person so entitled either indorsed upon the receipt or The bffi as amended was ordered to be read a third: time, written upon another paper ; or was read the third time, and passed. (c) A person in possession. ot a negotiable receipt by the terms of which the goods are. deliverable to him or order or to bearer, or which WAGES IN DISTRICT OF COLUMBIA. bas been indorsed to him or in blank by the person to whom delivery The Clerk reported the bill (H. R. 18409) regulating wages was promised by the terms of the receipt or by his mediate or imme diate lndorsee~ fn the District of Columbia, with amendments. S:&c. 10. Warehouseman's liability for misdeUvery ~ Where a ware The SPEAKER. Is a separate vote demanded on the amend fu>useman d.elivers the goeds to one who ls not in faet lawfully entitled to the possession o! them, the warehouseman shall be liable as for co.n ments? [After a pause.l If not, the vote will be taken en versf-on to all having a; right ot preperty or possession in the goods. it gross. The question is on agreeing ta the amendments. he delivered the g-oods otheFWise than as auth~»rized by subdivisions The amendments were agreed to. (o) and {c) of the preeeding secti-On, and though he delivered the goods as authorized by said subdivisions he shall be so liable, if p1'1.or to such The bill as amended was <>rdered t<> be engrossed and read a delivery he ha.di either- third time. was read the third time~ and passed. ( a) B~n requested, by or on behalf" of the person lawfully entitled to a right of property 01'. possession in the goods, not t01 make such deliv W AREH01J'SE' BECEil'TS. ery; or (b) Had information that the dellvery about· fo be made was fo one Mr. SMITH of Michigan. Mr. Speaker, I call up the bill not lawfully entitled to the possessi.on of the goods. (S. 4032') to make uniform the law of warehouse receipts in SEC. 11. Negotiable i·eceipts must be canceled when goods delivered : the Distri~ af Columbia, whieh :r send to the desk and ask to Except as provided in section 36, where a warehouseman delivers goods j for which he: had issued a. negotiable receipt, the negotiation of which ?lave read. I would transfer the right to the possession of the goodsr and tail& to take The Clerk read a:s follows: :i up. and cancel the receipt,. he shall be liable to anyone who purchases B'e it enacted, etc., Th t the following provisions tCt make un±form for va.lue in good faith such receipt for tarrure to deliver the goods to the law of. warehouse recetpts in the District ot Columbia: shall be in himr whethei: such purchaser acquired title to the receipt before or after ,._ t and aft th 1 4' this t 1 the delivery of the goods by the. warehooseman. eiu::c on er e approva o... ac • name Y: SEC. 12. Neg-otiahle receipts must be canceled or marked when part PART' L of goods delivered : Except as. provided in section 36, where a ware- ,, houseman delivers part of the goods tor which h~ had issued a nego- THE ISSlJE OF WABEHOUSJil RECEIP'.l'.S ttable receipt and fails eitfler to take ·ui> and cancel such receipt or to. SECTION 1. Pei::sons who may issue receipts.: Wal!'eirouse receipts may place plainly upon it a statement of what goods or packages have been be i sued by any warehouseman. delivered he shall be liable, to anyone who purchases for value in good EC. 2. Ii'rom the receipts-Essentmll terms : Warehouse receipts need faith such receipt, for failure to deliver al thi! goods specified in the not be in !1:°ht particular- form, but every sueh receipt mnst embody · receipt, whether such purchaser acquired title to the receipt before or within Its en or· prln.ted terms-- · after the delivery of any portion of the goods by the warehouseman. a) The· location of the warehouse- where the goods are stored; SEC. 1:3. Altered' recei:tyts: The alteration of a Feceipt shall not excuse b) The date of issue of the reeeipt; the warehouseman who issned ft from any liability it such alteration c) The consecutive number· of the receipt; , wa.s- d) A statemen~ whether the goods received will be delivered to- (a) Immaterial, the-lbearer, to a specified person, or to a specified person OJ.'. his Oi'der; (b) Autborlzed, or (e) The rate: of storaire charges; , (c) Made· without fraudulent Intent. (f) A description o~ the goods or ot' the packages contafning them; 11' the alteration. was authorized, the warehqusemzn: shall be- liable (g) The signature of the ·warehouseman, whkfi may be ma-de IJy according to the tenna o'f. the receipt as altered. If the altel'ation wag his authorized agent; unauthorized', but made without fraudulent Intent.. the wuehouseman (h) If the receipt is issued for goodS of which the warehouseman shall be liabf~ n:cCOEding to the terms of the receipt as they were be ts owner, either solely or Jointly or in common wfth others, the fact ot fore alteration. such. ownership-; lllld Material and fraudulent alteration of a; receipt shall not ex:en.<;e the (1.) A statement of the amount of ad.vanees: made and o1 liabilities, warehouseman who issued ft from liability to deliver, according ta the Incurred for which the warehouseman clatms- a Uen.. It the precise terms of the receipt as originally issued, the goods for which it was amount of such advance-s ma~e or of such liabilities incllln:ed is., at the i sued,. but shall excuse him from n.ny other liability. to the persun wh-0 time of the issue of the rec.e1pt, unknown to the warehouseman or. to made the alteration. and to any person wh-0 took with noti<:e of the his agent who issues it, a statement of the fact that advances have alteration. Any purcha er of the receipt for value without notice of been mada O'I' liabilitleS' in.curred and, the purpose thereot fg, sufficient. the nlteFatlon shn.11 acquire the same rights. against the warehouseman A warehouseman shall be liable to any person injured thereby for wbieb such purehaser wouldi have acquired if the receipt had n-0-t. beem all damage caused by the omission tram a negotiable receipt of any altered at the time of the pureliase. ot. the terms herein reguired. SEC-. 14. Lost or destroyed: receipts : Where a negotiable receipt has SEC. 3. Form of receipts-what terms may be Inserted: A warehouse- been. lost or destroyed~ a aourt of competent jurisdiction may o.rder the man may insert in a receipt issued by 1iim any other terms and condi- delivery of the goods upon satisfactory proof or such I.oss or destruc- tions, J!rovlded that such terms and conditions shall not- tlon and upon the giving ot. a bond with sufficient sureties, to be ap- (a) Be contrary to the provisions of this act; proved by the court, to protect the warehouseman from any liability or (b) In anywlse impair his obligation. to exereise. that degree of" care expense which he or any person injured by such delivery may incur by' In the safe-keeping of the goods intrusted to him which a reasonably reason o1 too original receipt remaining outstanding. The court may carl.Uul man woutd ex:ercise in regard: to similar goods of his own. also in its ruscretion order the payment of the warehouseman's reason SEc. 4. Definition of nonnegotiable receipt: A receipt in which if. fs able costs and counsel fees.. stated that the goods received will be delivered to th-e depositor o1• to The delivery of the goods un11er an order of the court as provided in. an:v other specified person, ls a nonnegotiable receipt. • this section shall not relleve the warehouseman from Ilability to a per- SEC. 5. Definition of negotiable receipt: A receipt in whlch u is son to whom the negotiable receipt has been or shall be negotiated for stated that the goods received will be delivered to the bearer, or to the value without notice o:f the proceedings or of the delivery of the goods.. order of any person named in such receipt, is a negotiable. receipt.. SEC. 15. Effect of dnplicate receipts: A receipt upon the face of No provision shall be inserted in a negotiable receipt that it is non- wh1ch the word " duplicate" is plainly placed is a representation and negotiable. Such provision, if inserted, shall be void. . warranty by the warehouseman that sucll receipt is an. accurate copy SEC. 6. Duplicate receipts mu:st be s.o marked: When more than one of an origin.al receipt properly issued and uncanceled at the date Gf. the negotiable receipt ilf"'issued for the same goods, the word "Duplicate" issue of the duplicate. but shall impose upon him no other liability. shall be plainly placed upon the face of every sueh receipt, except. the SEC. 16. Warehouseman can n.ot set up title in himself: No title or one first issued. A warehouseman shall be liable for all damage caused right to the possession of the goods, on the part of the warehouseman,· by bis failnre so tO' do to anyone who purchased the subsequent receipt unless such title or right is dei:ived directly or indireetly from a trans tor value, supposing it to be an o.Diginal, even. though the purcliase be fer made by the depogitor at the time of or subsequent to the deposit after the delivery of the goods by the warehouseman to the holder of for storage,. or from the warehouseman's lien,. shull excuse the ware the original receipt. houseman from liability for refusing ta deliver the goods. ateording to SEC. 7. Failure to mark' "Not negotiable~" A nonnegotiable receipt the terms of the receipt. shall have plainly placed upon its face by the warehouseman issuing it SEC. 17. Interpleader o:t adverse claimants : If more than one person .. Nonnegotiahle'" or "Not negotiable... In case of the warehouseman's claim the title or possession of the goods, tha warehouseman ma:v, either failure so to do, a holder of the receipt who purchased it for value as a defense to an action brought against him for nondelivery of the supposing it to be negotiable, may,. at his optl.on, treat such :receipt as goods, or as an oci~ suit, whichever is appropriate, require all imposing upon the warehouseman th~ same liabilities he would have known claimants to Lnterprea.d. lncuued had the receipt been negotiable. SEC. 18'. Warehouseman has. reasonable time to determine validity o.t This section shall not apply, however, ta letters. memoranda, or claims: If some one other than the- depositor or person claiming under mitten acknowledgments of an. illform:il. character. him has u claim to the title or possession of the .gooda, and the ware-- 3862 CONGRESSIONAL RECORD-HOUSE. MARCH ~8, , houseman has information of such claim, the warehouseman shall be (a) .An itemized statement of the warehouseman's claim showing excused from liability for refusing to deliver the goods, either to the the sum due at the time of the notice and the date or dates when it .depositor· or person claiming under him or to the adverse claimant, became due ; , until the warehouseman has had a reasonable time to ascertain the va ( b) .A brief description of the goods against which the lien exists • lidity of the adverse claim or to bring legal proceedings to compel all (c) .A demand that the amount of the claim as stated in the notice claimants to interplead. · and of su.ch further claim as shalI accrue, shall be paid on or before a SEC. 19. Adverse title ls no defense, except as above provided: Ex day mentioned, not less than ten days from the delivery of the notice cept as provided in the two preceding sections and in sections 9 and 36, if it is personally delivered, or from the time when the notice should no right or title of a third person shall be a defense to an action reach its dest~nation.. according to the due course of post, if the notice brought by the depositor or person claiming under him against the ware is sent by mall; ana houseman for faflure to deliver the goods according to the terms of the ( (b) The direct obligation of the wnrehousemnn to hold po session of right to the pos.sessfon ot 11uch goods is outstanding and uncanceled, the goods for him acco1·ding to the terms of the receipt as fully as if without obtaining the possession of such receipt at or before the time the iVarebouseman bad contracted directly with hlm. of such delivery, shall, except in the cases provided for in sections SEC. 42. Rights of person to whom a receipt has been transferred: 14 and 36, be found guilty of a crime, and upon conviction shall be A person to whom a receipt has been transfer-red but not negotiated punished for each offense by imprisonment not exceeding one year, or acquires thereby, as against the transferrer, the title to the goods, by a fine not exceeding $1,000, or by both. subject to the terms of any agreement with the transferrer. SEC. 55. Negotiation of receipt for mortgaged goods : Any person If the receipt is nonnegotiable, sueh person also acquires the right who deposits goods to whieh he ha.s not title, or upon which there is a to notify the warehouseman of the transfer to him of such receipt, and lien or mortgage, and who takes for such goods a negotiable receipt thereby to acquire the direct obligation of the warehouseman to hold which he afterwards negotiates for value with intent to deceive and possession of the goods for him according to the terms of the receipt. without disclosing his want of title or the existence of the lien or ·Prior to the notification of the warehouseman by the transferrer· or mortgage, shall be guilty of a crime, and upon conviction shall be pun transferee of a nonnegotiable receipt, the title of the transferrer to the ished fpr each offense by imprisonment not exceeding one year, or by a goods and the tight to acquire the obligation of the warehouseman may fine not exceeding $1,000, or by both. be defeated by the levy of an attachment or execution upon the goods. PART V. by a creditor of the trn.nsferrer, or by a notification to the warehouse man by the transferrer or a subsequent purchaser from the transferrer INTERPRETATION. o! a ~ubsequent sale of the goods by the transferrer. SEC.. 50. When rules of common law still applicable: In any case not SEC. 43.. Transfer of negotiable receipt without indorsement : Where provided for in this act, the rules of law and equity, including the law a negotiable receipt la transferred for value by delivery, and the in merchant, and in particular the rules relating to the law of principal dorsement of the transferrer is essential for negotiation, the transferee and agent and to the eft'.ect of fraud, misrepresentation, duress, or coer acquires a right against the transferrer to compel him to indorse the cion, mistake, bankruptcy, o.r other invalidating cause, shall govern. receipt, unless a contrary intention appears. The negotiation shall SEC. 57. Interpretation shall give effect to purpose of uniformity : take effect as of th~ time when the indorse.ment is actually made. This act shall be so interpreted and construed as to effectuate its gen SEC. 44. Warranties on sale of reeeipt : A person who fo1· value ne eral purpose to make uniform the law of those States which enact it. gotiates or transfers a receipt by indorsement or delivery, including SEC. 58. Definitions: First. In this act, unless the context or subject one who assigns for value n claim secured by a receipt, unl$S a con matter otherwise requ..lres- trary intention appears, warrants-- "Action" includes counterclaim, set-oft'., and sult in equity. a) That the receipt is genuine ; "Delivery" means voluntary transfer of possession from one person b) That he has a legal right to negotiate or transfer it ; to another. . o) That be has knowledge of no fact which would impair the valid "Fungible goods" means goods of which any unit ls, from its nature ity~ or worth of the receipt ; and or by mercantile cUHtom, treated as the equivalent of any other unit. (d) That he has a right to transfer the title to the goods, and that " Goods " means ehattels or merchandise in storage, or which has the goods are merchantable or fit for a P.artfcular purpose whenever been or ls about to be stored. such warranties wonld have been implied, if the contract of the pa1·ties " Hdlder " of a receipt means a person who has both a.ctual possession bad been to transfer without a receipt the goods represented thereby. of such receipt and a right of property therein. SEC. 45. Indorser not a guarantor: The indorsement of a receipt " Order " means an order by indorsement on the receipt. shall not make the indorser liable for any failure on the part of the " Owner " does not include mortgagee or pledgee. warehouseman or previous indorsers of the receipt to fuliili thfil re " Person" includes a corporation or partnership o.r two or more per- spective obligations. sons having a joint or com.m.011 interest. SEC. 46. No wa.rra.nty implied from aeeeptlng payment of a debt: A To " purchase " includes to take as mortgagee or as pledgee. mortgagee, pied.gee, or holder for security of a receipt who in good faith " Purchaser" includes mortgagee and pledgee. demands or receives payment of the debt for which such receipt is •• Reeelpt" means a warehouse receipt. security, whether from a party to a draft drawn for such debt or from "Value" is any consmeratlon sufficient to support a simple contract. any other person, shall not by so doing be deemed to represent or to An antecedent or preexisting obligation, whether for money or not, con warrant the genuineness of such receipt or the .quantity or quality of stitutes value where a receipt is taken either in satisfaction thereof or the goods therein described. as security therefor. SEC. 47. When negotiation not impaired by frand, mistake, Ol' duress: "Warehouseman" means a person lawfully engaged in the business The validlcy of the negotiation of a receipt is not impaired by the fact of storing goods for profit. . that such negotiation was a breach or- duty on the part ot the person Second A thing is done " in good faith " within the meaning of this making the negotiation, or by the fact that the owner of the receipt was act when 1t is in fact done honestly, whether it be done negligently induced by fraud, mi.sta.ke, or duress to intrust the possession or cw;tody or not. <>f the receipt to such person, if the person to whom the receipt was SEc. 59. Act does not apply to existing receipts : The Erovisions ·of negotiated, or a person to wbom the receipt was subsequently negoti ~c:e;f dih~oi~f ply to receipts ma The SPEAKER pro tempore. Two hundred and twenty-eight The reports are as follows: Members have answered to their names on the roll call [House Report No. 702, Sixty-first Congress, second session.] Mr. OLMSTED. Mr. Speaker, I move to dispense with fur LAW OF WA.REHOUSE RECEIPTS. ther proceedings under the call of the House. Mr. CAMPBELL, from the Committee on the District of Columbla, sub mitted the following report to accompany S. 4932 : The SPEAKER pro tempore. The gentleman from Pennsyl· The Committee on the District of Columbia, to whom was referred vania moves to dispense with further proceedings under the call. the bill (S. 4932) .to make uniform the law of warehouse receipts in the District of Columbia, report the same back to the House with the rec· The question was taken, and the motion was agreed to. ommendation that it do pass. The SPEAKER pro tempore. The Doorkeeper will open the The commissioners on uniform state laws, In national conference hi' doors. 1904, took under consideration the advisability of drafting an act to make unilorm the law of . warehouse receipts, and before that confer· Mr. SMITH of .Michigan. Mr. Speaker, I desire to say to ence adjourned engaged Prof. Samuel Williston, of the Harvard Law the Members of the House that the bill (S. 4932) to make uni School, and Mr. Barry Mohun, of the Washington bar and author of Mohun on Warehousemen, to make the draft. A first tentative draft form the law of warehouse receipts in the District of Columbia, was submitted to the con!erence at its meeting at Narragansett Pier In in my judgment, is one of the most important bills that has been August, 1905. A number of changes were there made, and the act was before this Congress, and that the members of this ·committee recommitted to the draftsmen for the preparation of a new d.raft. During the ensuing winter and sprmg the act was carefully consid thought we ought to have the presence and aid of every Mem ered by the American Warehousemen's Association in annual meeting, ber of the House in seeking to perfect this bill, if we wish it to and by a committee of that association and a committee of the Ameri become a model for every State in the Union. can Bankers' Association, at which the draftsmen and members of the committee on commercial law of the conference were present to explain Mr. LIVINGSTON. Are these receipts negotiable? the provisions of the act. At this meeting suggestions as to the usages Mr. SMITH of Michigan. Some are and some are not. . in the warehouse business and as to the necessities of commerce were made by the warehousemen and bankers. With the added light fur Mr. LIVINGSTON. They can not be uniform if some are and nished by these suggestions and criticisms a third tentative draft was some are not. prepared and submitted to the conference at St. Paul in August, 1906. This draft was considered section by section.by the committee on com Mr. SMITH of Michigan. Well, we can discuss that when we mercial law and by the com.missioners in conference assembled, and come to that feature of the.bill. I now yield to the gentleman after the incorporation of some changes was adopted and recommended from Kentucky [Mr. JOHNSON] twenty minutes. to the legislatures of the several States for passage. This la'!: as adopted, ha.s recelved the unqualified anproval of the Mr. JOHNSON of Kentucky. Mr. Speaker, as has been said American Har Association, the American Warehousemen.,s Association, by the chairman of the Committee on the District of Columbia, the American Bankers' Association, the American Civic Federation, the this is one of the most important pieces of legislation that has National Board of Trade, and many other national ·and state organi zations, such as boards of trade and chambers of commerce. It has come before the Committee on the District of Columbia at this received the approval of 18 legislative bodies and become the law ot session, or perhaps during several former sessions. It is my 17 of the principal commercial States of the country, namely: Cali purpose to criticise unfavorably a number of the sections of the fornia, Connecticut, Iowa, Illinoist.Kansas, Louisiana, Michigan, Mas sachusetts, Nebraska, New Jersey, New York, Ohio, Pennsylvania, Rhode bill. Before doing that I wish to say on behalf of the committee Island, Tennessee, Virginia, and Wisconsin{ and also the Territory of that when the bill was before the committee, it came there with New Mexico. In the District of Columbia t has been approved by the such a distinguished parentage, and having passed an able Commissioners of the District, by the local bar association, and by the Washington Board of Trade. The passage of this measure is recom· committee at the other end of this Capitol, that the committee mended by the Commissioners of the District of Columbia in a letter. ' took, in my judgment, too much foF granted because of it hav of which the following is a copy : ing passed the Senate and because of its distinguished parentage OFFICE COMMISSIONERS OF THE DISTRICT OF COLUMBIA, with which it came recommended to us. On behalf of the com Washington, December 6, 19f11. Srn: The Commissioners of the District of Columbia have the honor mittee, I wish to say that the bill went through th:;it committee to transmit herewith drafts of a bill to· make uniform the law of ware rather hurriedly, for the reason that I have just given, rather house receipts In the District of Columbia and of a bill to make uni than after a close inspection or close investigation of the pro form the law of sales in the District of Columbia, and recommend their enactment. · visions of the bill. I myself sat here upon two occasions when The drafts of these bills were prepared under the suJ,>ervision of the the bill was ready and could have been brought up for passage conference ot commissioners on uniform state laws, which ls composed when I would not have offered any criticism whatever of it, for . of commissioners from several States and three from the District of Columbia. , the reason that tny attention had not then been ipvlted to· The commissioners also transmit herewith copies of the drafts of what I consider some of the very serious defects in the bill. these bills, as submitted by the commissioners on uniform state laws, My attention was called to it by accidentally reading one section which contain the text of the bllls as transmitted and annotations appurtenant thereto. of it which I discovered to be very detective, and which, in my HENRY B. F. 'MACFARLAND, judgment, is defective because the draftsman of the bill did President Board of Oommi8Biqners District of Columbia. not have the technical knowledge of the subject treated. Now, The purpose of the act is, as shown in its title, to make unilorm the then, for the purpose of discussing it, Mr. Speaker, I_ask that law of warehouse receipts. · Part I of the act, embracing sections 1 to 7, states who may issue both the Senate report and the House report be inserted as part warehouse receipts, gives the form- of such receipts, the essential and of my remarks, and also that sections 1, 2, 3~ 4, and 5 be in permissible terms, defines negotiable and nonnegotiable receipts, and determines when duplicate receipts may be issued. serted in my remarks. Part II sets forth the obligations and rights of the warehousemen SECTIO:N' 1. Persons who may issue receipts : Warehouse receipts may upon their reeelpts. In section 8 it provides the obligations of the be issued by any warehouseman. warehouseman to deliver goods in his possession, and in section 9 SEC. 2. Form of receipts-Esii;entia.l terms: Warehouse receipts need provides his justification for making delivery to certain persons. not be in any particular form, but every such receipt must embody Section 10 provides his Uabillty for misdelivery. within its written or printed terms- · · Sections 11 and 12 require that negotiable receipts must be canceled (a) The location of the warehouse where the goods are stored; when .all goods covered by it are delivered or deliveries noted upon it ( b) The date of issue of the receipt ; in cases of partial dellvery. (o) The consecutive number of the receipt; Section 14 directs procedure ln case of lost or destroyed receipts. (d) A statement whether the goods received will be delivered to the Section 15 provides the liability assumed by warehousemen ln issu bearer, to a specified person, or to a speclfied person or his order; ing duplicate receipts. (e) The rate of storage charges; Section 16 debars a warehouseman from setting up title in himself (f) A description of the goods or of the packages containing them; as an excuse from liability for refusing to deliver goods according to (g) The signature of the warehouseman, which may be made by bis the terms of the receipt except in certain cases. authorized agent ; Sections 17 18, and 19 give warehousemen, In case of adverse (h) It the receipt is issued for goods of which the warehouseman is claimants, right to require all known claimants to lnterplead and owner, either solely or jointly or in common with others, the fact of reasonable time to determine validity of claims. · · such ownership ; and Section 20 makes the warehouseman liable for nonexistence or mis (i) A statement of the amount of advances made and of liabilities descrlptlon of the goods in his receipt. incurred for which the warehouseman claims a lien. lf the precise Section 21 provides the rule of llabiHty for the care of goods in his amount of such advances made or of such liabilities incurred is, at the custody as that which a. reasonably careful owner of similar goods time of the issue of the receipt, unknown to the warehouseman or to his would exercise. agent who issues it, a statement of the fact that advances have been Section 22 requires goods to be kept separate so as to permit the made or liabilities incurred and the purpose thereof is sumcient. Identification and redelivery of tb-:i goods deposited. A warehouseman shall be liable to any peTson injured thereby for all Sections ~3 and 24 provide when a warehouseman may commingle damage caused by the omission from a negotiable receipt of any of the goods and states his liability to the depositor under such commingling. terms herein required. Sections 25 and 26 provide the creditors' remedies against ware SEC. 3. Form of receipts--What terms may be inserted: A ware· housed goods upon which a negotiable receipt has been issued, and houseman may insert in a receipt issued by him any other terms and denies the right to him of attachment, by garnishment or otherwise, or conditions, provided that such terms and conditions shall not- levy under execution, unless the receipt be .first surrendered to the (a) Be contrary to the provisions of this act; · warehouseman or its negotiation enjoined. (b) In anywise impair his obligation to exercise that degree of care Sections 27 to 36.: inclusive, relate to the lien of warehousemen ; how in the safe-keeping of the goods intrusted to him which a reasonably it may be en!orcea, how lost, how satisfied, etc., and the effect of careful man would exercise in regard to similar goods of his own. enforced sale thereunder. SEC. 4. Definition of nonnegotiable receipt: A receipt in which it is Sections 37, 38, and 39 provide how a receipt may be negotiated and stated that the goods received will be delivered to the depositor, or to transferred. - any other specified person, is a nonnegotiable receipt.· Section 40 provides who may negotiate a receipt. SEC. 5. Definition of negotiable recepits: A receipt in which it ls Sections 41 and 42 define the rights of a person to whom a receipt stated that the goods received will be delivered to the bearer, or to has been negotiated or transferred. the order of any person named in such receipt, is a negotiable receipt. . Section' 43 gives the holder of a negotiable receipt transferred to him No provision shall be , inserted in a negotiable receipt that it ts non by delivery the right to compel the transferrer to indorse the receipt Deg-0tiable. Such pr~vision, if inserted, shall be void. unless a contrary intentJou appears. • 1910. CONGRESSIONAL RECORD--HOUSE. 3865 Sections 44, 45, and 46 provide the warranties on sale of receipts Mr. JOHNSON of Kentucky. I can not say, but I sincerely and the lack of them in certain cases. Sections 47 and 48 provide when negotiation of a receipt is not im trust that it has not. If it has it will bring ruin to the com paired by fraud, mistake, or duress. mercial interests of the Si'ate _which has adopted it. Section 49 makes a seller's lien or right of stoppage in transitu of Mr. STAFFORD. I have here-- no etfect where a negotiable· receipt for the goods in question bas been negotiated. Mr. CAMPBELL. May I answer tha.t questicn? It has been Sections 50 to 55 make it a criminal offense to issue a receipt for adopted by 18 of the States of the Union in exactly the form in goods not received; for the issue of a receipt containing false state which it is presented to this House, among them being the State ments; for the issue of a receipt by a warehouseman for. goods belong ing to himself which does not state that fact of ownership, and provide of Wisconsin. the penalties; also for delivery of goods without first having obtained Mr. STAFFORD. I have here the session laws of 1909 of the negotiable receipt ; and for the negotiation of a negotiable receipt Wisconsin, as well as the session laws of the State of Illinois covering mortgaged goods. Sections 56 to 58 give interpretation to words and clauses used. of 1907, where the same act was passed, but I have not had time Sections 59 to 62 are enacting sections. to see whether it is in the exact phraseology to that which is In addition to the recommendation of the District Commissioners embodied in the bill under consideration. above referred to, they further approved a similar bill (H. R. 16887) submitted to them by this committee during the present session. Mr. CAMPBELL. It is reported to me the phraseology in The following is their letter : this is exactly the same-- OFFICE CoMMISSIONEBS OJ' THE DISTBICT OF CoLUMBU, Mr. JOHNSON of Kentucky. Mr. Speaker, I object to the Washington, January 11, 1910. gentleman taking up my time, as I am afraid that I will not Sm: The Commissioners of the District of Columbia have the honor ha ye time sufficient as it is. to recommend favorable action upon H. R. 16887, entitled "A bill to make uniform the law of warehouse receipts in the District of Colum Mr. SMITH of Michigan. We will give the gentleman more bia," which was referred to them at your instance, and to invite atten time. tion to their letter to you of January 22, 1909, with its inclosures, in Mr. JOHNSON of Kentucky. The first section to which I regard to Senate bill 1474 of the first session of the Sixtieth Congress on the same subject. The word " transferrer," in line 13, page 21, call attention is section numbered 6, on page 3. That section, . should be " transferee." as well as the preceding ones, I wish to incorporate in my re Very respectfully HENllY B. F. MACFARLAND, marks, so that my criticism of it may be the better understood: President hoard of Oommi3si-Oiiers District of Ool.uml>ia. SEC. 6. Duplicate receipts must be so marked: When more than one Hon. SAMUEL w. SMITH, negotiable receipt is issued for the same goods, the word " Duplicate " OhGirman Oommittee on tM District of Columbia, shall be plainly placed upon the face of every such receipt, except the House of R epresentatt-ves. one first issued. A warehouseman shall be Hable for all damage caused by his failure so to do to anyone who purchased the subsequent receipt for va.lue, supposing it to be an original, even though the pur [Senate Reporl No. 78, Sixty-first Congress, second session.] chase be after the delivery of the goods by the warehouseman to the UNIFORM LAW OF WABEHOUSE RECEIPTS, DISTBICT OF COLUMBIA. holder of the original receipt. · Mr. G.ALLINGEB (for Mr. DILLINGHAM}, from the Committee on the District of Columbia, submitted the following report (to accompany Section numbered 6 treats of duplicate warehouse receipts. s. 4932} : . Everybody knows, who has ever had anything to do w.ith ware The Committee on the District of Columbia, to whom was referred the bill (S. 4932) to make uniform the law of warehouse receipts in house receipts· or has any knowledge of warehouse trans the District of Columbia, having considered the same, reporl thereon actions, that duplicate warehouse receipts are the source of the with a recommendation that it pass. greatest frauds . now committed through commercial paper. A similar bill (S. H74) was introduced in the Senate during the Sixtieth Congress, reported favorably, and passed by the Senate. Just a few weeks ago in the State of Maryland they had a The report, which your committee adopt, wu as follows : ·warehouseman who falled, and upon the failure there were The Committee on the District of Columbia, to whom was referred found to be issued more than $300,000 in duplicate warehouse the blll (S. 1474) to make uniform the law of warehouse receipts in the District of COiumbia, beg leave to reporl the same with the recom receipts. mendation that it do paes. This section of the bill provides that duplicate warehouse re The committee nre informe 3866 CONGRESSIONAL RECORD-HOUSE. l\1ARCII 28, Mr. JOHNSON of Kentucky. Yes, sir; and those two fines ~~ hol.der ., of the receipt or to " the depositor r, of the goods, excuse him. That is why I object to it. Those two lines exeuse provided th.at the demand is accompanied by certain conditions. him from responsibility, and I do not think they Qught to be In my opinion this right should be given to no one except to the there. holder of the receipt. You will find a definition of holder on Now, then, we come to section 8. You will fin(! in line 21 page 28, line 3. · that the warehouseman may deliver the goods to the " holder" I wish to invite further attention to 8ection 9, line 13. There of the receipt or he may deliver the same goods to the " depos yon will find that the warehouseman is justified in delivering itor." Under that section he has an option as to which he will the goods subject to the "-provisions of the three following sec de1iver the goods to, the " holder" of the receipt or the u depos tion.s." That must mean all three of the following sections. itor." I say that he ought to be limited in thee delivery to the But, in my judgment, there should be an amendment in line 13, "'holder " of the receipt. If a man goes to a warehouse and so that it would read~· the warehouseman is justified in deliver deposits goods and gets a receipt, whether it is negotiable or ing the goods ' subject to any one ' of the provisions of the nonnegotiable, he should be estopped from coming back and three following sections." claiming the goods without producing the receipt. To sell that Then, in line 13, at the end thereof, it should not be " sec receipt or hypothecate it by borrowing money upon it, and then tions,'' but "subsections," because this is the only section which be allowed to go back and get the goods, notwithstanding he has treats o.f that subject. · passed the receipt into somebody else's hands, should not be At the end -Of line '20 the word " or " should be changed to the tolerated for a moment.. word " and/' unless the change is made in line 13. The word Now, then, one of the three conditions by which the ware "or," howe-ver, is correct, so line 13 should separate the condi houseman is compelled to surrender the goods is an " off er· to tions under which he would be justified in delivering. satisfy " the warehousem.an's lien, instead of real satisfaction of I pass, now. to section 13~ line 23, page 7: that lien. The second condition is an "offer to surrender the SEC. 13. Altered receipts: Th-e alteration of a receipt shall not ex cuse the warehouseman who issued it from any liability if such altera negotiable receipt,,, instead of requiring an actual surrender oi tion was- the receipt. (a) Immaterial, Under this second condition (b) the warehouseman might (b) Authorized, or (c) Made without fraudulent intent. be compelled to surrender the goods and leave outstanding a . If the alteration was a:uthorized, the warehouseman shall be liable nonnegotiable reeeipt in the hands of an innocent holder, for according to the terms of the receipt as altered. If the alteration was the reason th.at that condition ( lJ) provides for the surrender unauthorized, but made without 'fraudulent Intent, the warehouseman 0 shall be liable according to the terms of the receipt .as they were before of a ''negotiable receipt only. That would leave a non alteration. negotiable receipt in the hands of the man who deposited the Mat erial and fraudulent alteration of a receipt shall not excuse the goods. If a question of veracity were to arise between the warehouseman who issued it from liability to deliver, according to the terms of the receipt as originally . issued, the goods for hieh it was warehouseman and the holder of a nonnegotiable receipt as to issued, but shall excuse him from any other liability to the person who whether or not the goods had been surrendered, the holder of made the alteration -and to any person who took with notice of the the receipt would be given credence before a jury, because he alteration. Any purchaser of the receipt for value without notice .of the alteration shall .acquire the same rights against the warehouseman would still hold the receipt · whlch such purchaser would have acquired it the receipt had not been Mr. HINSHAW. How can there be an innocent holder of a altered at the time of the purchase. · nonnegotiable receipt'/ The word "and" should be changed to nor." This section 1\fr. JOHNSON of Kentucky. Do you 'understand a non treats of the change in the warehouse receipts by the ~re negotiable receipt to be one that can not be passed to another houseman or somebody else, where the chm::~.ge is " immaterial,'' for a consideration? or where it is " authorized,~' or where it is u made without Mr. HINSHAW. Yes. fraudulent intent.., Then in line 23, when the draftsman comes Mr. JOHNSON. of Kentucky. Under line 2 of condition (b) a to speak of two or these conditions, he speaks of the "mate negotiable receipt, when -surrendered to the warehouseman ri.al and :fraudulent" act. In my judgment it ought to read upon delivery of the goods, is required to be indorsed. Mark "material or fraudulent," either being ample reason to h-0ld the that. · warehouseman bound. If it has ne-ver been negotiated, or has never passed into the .SECTION 14. hands of another·holder, why should it be 1ndorsed when it is In line 13 the word " sureties" is used. This should be sin presented to the warehouseman for the delivery of the goods? gul.ar and not plural, for the reason that the plural word would Under this provision the warehouseman woul4 have in his pos be held to mean more than one, while one, particularly 1f a session a regularly indorsed negoti.able -receipt.tor go.ods not in guaranty eompany, would be sn:ffi.cient surety. fraud the warehouse. T.hls would open up an avenue tor upon In line 15 the word " expense '~ should be taken out, for the the part of the warehouseman by making the 1ndarsed receipt reason that the one who has been so unfortunate as to lose his and himself negotiating it. Why not simply take up the re receipt, or have it destroyed by unavoidable casualty, should ceipt without indorsement? Then it can not possibly be used. not be put to the expense of employing an attorney for the Th~n. o~ tine 4, it requires a "readiness and w:fllingness.., to warehouseman, in order to preserve the warehouseman's legal sign an acknowledgment that the goods have been delivered. rights. No doubt in many cases a lost or destroyed receipt Instead of u willingness" why not reqntre the" actual*' signing? could be taken care of under this section without the ware SEC. 8. Obligation of warehouseman to deliver .: A warehous:eman, In the absence of some lawful excuse provided by this 11.ct, ls bound to houseman having an attorney. Yet under this section he could deliver the goods upon a demand made either by the holder o! a receip.t favor some friendly attorney with an unnecessary fee to be for the goods or by the depositor, l.f such demand ls a.ceompan.ied with- paid by the unfortunate owner <>f the lost receipt. In further ( a) . An Dfl'er to satisfy the warehouseman's lien; (b) An offer to surrender the .receipt if negotiable, with such fndorse ance of this contention, I insist that beginning with the word ments as would be necessary tor the negotiation of the .receipt ; and "the," in line 17, all thereafter should be stricken out, in (c) .A readiness and willingness to sign, when the goods are delivered, cluding lines 18and19. an acknowledgment that they have been delivered, it such signature ls requested by the warehouseman. . . The provision set out in lines 20 to 24, inclusive, should be In case the warehouseman refuges or .tails to deliver the goods In by all means stricken out. If the warehouse receipt has ac compliance with a demand by the holder or depositor so accompanied, tually been destroyed. it can not be in the hands of anyone, the burden shall be upon the warehouseman to establish the existence of a lawful excus.e for such refusal. v either with or without notice of the court proceedings. If the In line 8, page 5, the words ·" or depositor " sholll.d be :stricken alleged loss is only a fraudulent c.oncealment of the receipt, and out, as the right to demand the goods should be given to the is negotiated to another, the warehouseman should not be com owner or the legal holder of the receipt, and not to either him pelled to make double delivery, one under th~ order of cou.rt and another afterwards~ to the holder, without notice, although or the depositor. the one who assigned it may have done so fraudulently. SEC. 9. Justification of warehouseman In dellverlng: A warehouse man ls justified ln deUverlng the goods, subject to the provisions of the SECTION 15. three following sections, to one who ls- In my judgment th.ere is no cireu.mstanc.e or condition which ( a) The person lawfully entitled to the possession of the goods or his agent; would warrant a "duplicate" warehouse r~i pt to be issued, (b) A person who is either himself entitled to delivery by the terms unless ordered by the court, as provided for in section 14, and crf a nonnegotiable receipt issued for the goods, o:r who has written au then this duplicate should contain the statement that. it was thority from the person so entitled either ind<>rsed upon the receipt or written upon another paper; or issued under order of the court, and the name .of the court, and (o) A person in possession ·of a negotJable receipt by the terms of the style and number of the cause should also be stated in the which the goods are deliverable to him or order or to bearer, or which duplicate receipt. has been lndorsed to him or in blank by th~ pers.on to whom delivery was promised by the terms of the receipt or by his mediate or immediate SECTION 16. lndorsee. This section denies the right to the warehouseman to with I wish to invite attention to section· 8, lines .S and 9. Under hold delivery . of the goods .according to the terms of the re these lines the warehouseman must surrender dther to the ceipt, with provision made for three exceptions. The three 1910~ CONGRESSIONAL RECORD-HOUSE. 3867 exceptions are (1) title or right derived directly or indirectly Ino provision for "outage" or for loss or gain in proof. Upon . from a transfer made by the depositor to the warehouseman at this barrel would be the marks and brands put there by the the time of the deposit; the second exception is when such Government, showing how many gallons the barrel originally title or right is derived by the warehouseman subsequent to contained, and these marks would also show the proof of the the deposit; and the third exception is the warehouseman's spirits, as ascertained by the United States gauger. Now, it is lien. I contend that the first exception should be stricken out, a well-known fact, one recognized by the federal law, that the because whatever title or right is given to the warehouseman longer whisky remains in a barrel the less the volume becomes. at the time the goods are deposited should be stated in the It is also a well-known fact that a change of storage from one receipt, so that subsequent owners of the receipt may know place to another will most likely change the proof of the spirits. that the warehouseman has no right to the property other than If a barrel of whisky should be stored in a low, damp place, the that which is expressed in the receipt. The second of these ex- whisky will absorb the dampness of the atmosphere and thus ceptions should also be stricken out for the reason that if the lose proof. If, however, it should be stored in a high, dry warehouseman is given any title or right to the property sub- place, the proof will increase. Therefore a man may deposit sequent to the -deposit of the property in the warehouse the a barrel of whisky for storage 1n one of these warehouses, at receipt should also show that. Under this section it would be 100 proof, and it may, without fraud upon the part of anybody, possible for the depositor to concede title or right to the ware- come out of that warehouse at as low as 90 proof or as high as houseman while the receipt has been transferred, and is then 110 proof, or even with a greater variance up or down. the property of somebody else. So, in my judgment, the only Mr. CAMPBELL. But whisky is reputed to increase in value one of the three exceptions which should excuse the warehouse- as it decreases in volume. Can the gentleman give us any in. man from making the delivery of the goods to the holder of formation as to the correctness of that claim? the receipt is the warehouseman's lien, and this should also Mr. JOHNSON of Kentucky. I would say that if it were be clearly set out in the receipt. stored where the proof would decrease, there would be a Joss SEC. 17. Interpleader of adverse claimants: If more than one person in value. c1aim the title or possession of the goods, the warehouseman ;may, Mr. CAMPBELL. But it is claimed that it makes up in value either as a defense to an action brought against him for nondehvery h t •t · b lk of the goods or as an original suit whichever is appropriate require W a i 1oses 1Il U · • all known claimants to interpleaa.: ' Mr. JOHNSON of Kentucky. Not if it decreases in proof. In section 17 line 17 after the word "title" and before the If it decreases in proo:t', as marked on the barrel, the owner of word "or" the' word "to" should be inserted. Beginning with it is hurt. How many gentlemen are t;here upon this floo~ who, the last word iu line 19 are the words " or as an original suit," if they were to store a barrel of whisky at 100 proof m one which have no clear meaning to me. If these words are in- of these w~rehouse8! would ~ot seek damages from the war~ tended ·to mean an eriginal suit, brought by the warehouseman houseman if, when it was w1thdra":° from the warehouse, it to determine which one or more claimants is entitled to the was found to be only 90 proof? Agam, how many of you, after property the word " by " should be used instead of the depositing a barrel of whisky containing 45 gallons, would be word ";.s." satisfied after a storage of seven years to receive 31! gallons, Sec. 18. Warehouseman has reasonable time to determine validity of notwithstanding the fact that .the f_ederal la'! makes allowance claims: If some oue other than the depositor or person claiming under for that much loss where whisky is stored m ·a bonded ~are him has a clai1!1 to the title or possess~on of the goods, and the ware- house for that length of time? If it is stored for a shorter houseman bas mf~~mation of s"!lch claim, the warehouseman shall be period of time the federal laws allow for a loss of a soaka.,.e excused from liabillty for refusmg to deliver the goods, either to the . ' "' depositor or person claiming under him or to the adverse claimant, or eT"aporabon of 3! gallons at the end of one year, 5! gal until the warehouseman has bad a reasonable time to ascertain the Ions at the end of two years, 7! gallons at the end of three val!dity of the adverse claim or to bring legal proceedings to compel all years 9 gallons at the end of four yeatl'l 10! gallons at the end claima~ts to interplead. • • • of fiv~ years, 12 gallons at the end of s~ years, and 13! gallons ~ect10n 18, pa~e 1~, _lme 5.: Here the wi:rehousem~ is given at the end of seven years, upon which no tax is charged and a reasona~le time . m ~hich ~? ascertam ~e ':~lld1o/ o! an which is a usual outage. ~dverse claim~ or he is given a reasonable tim.e. to mstitute This section is objectionable in another respect. It permits tegal proceedin~s Jor the pur~ose,, o~ asc~i'tammg t~e. real negotiable receipts to be issued upon goods " said to be " of a owner.. Wh~t is . reasona~le time m which to begm legal certain character. I contend that a negotiable warehouse re proceedmgs is easily determmed. ~a~ w:ould be the ~ext sue- ceipt should not be issued upon goods " said to be in the pack ~eeding term of court of competent Jurisdiction for which serv- age." For this character of goods nothing but a nonnegotiable ice could be had. . " . ,, warehouse receipt should be issued. The words " said to be " But by .who~ and by what rule is a reasonable time to would no doubt be printed in a receipt for general use; and if be determmed m case the warehouseman may undertake to as- they were printed in the same way that information is printed certain who is ~e legal own~r without bring_ing s~it? If the upon the back of a telegraph blank or on the back of a railroad '!are~ouseman is to be the Judge of w~a! is a reasonable bill of lading it, in all probability, would never be found by time, the ow!1-er of the ~oods could be mJured by an unrea- many of the purchasers of the receipt. sonable delay m s~rrendermg ~em, or the warehousemall: cou~d Mr. STEPHENS of Texas. Is it not also true that in issuing even work hardship upon the rightful owner of the goods m this these receipts they become negotiable as soon as they are way : Suppose the rightful owner of the goods had· them sold issued? to be delivered at a sp~ified time, and the warehouseman in- Mr: JOHNSON of Kentucky. Oh, yes; as soon as a negotiable duced another ~o la~ claim to .t~e good~, and the wareho~seman receipt is issued it may be negotiated - took his own time m determmmg which of the two claimants · 'tl d t th d d this time so ta.k b h · SEC. 23. Fungible goods may be commingled, if warehouseman au- was en t 1 e o e goo s, an en Y rm ex- thorized: If authorized by agreement or by custom, a warehouseman tended beyond the day of delivery, the one who sold the goods may mingle fungible goods with other goods of the same kind and could not make specific performance of his contract. Besides, grades. In such case the various depositors of the mingled goods shall the warehouseman who had thus connived at the defeat of the own the entire mass in common, and each depositor shall be entitled contract made by the owner of the goods could himself go and ~h~~:h portion thereof as the amount deposited by him bears to the make sale of his own goods to the disappointed purchaser of the other man's goods. Referring now to section 23, page 11: In my judgment, after SEc. 20. Liability for nonexistence or misdescription of goods: A the word " by " and before the word " agreement," in line 19 warehouseman shall be liable to the holder of a receipt for damages the word "written" should be inserted. Then there could b~ caused by the nonexistence of the goods or by the failure of the goods no dispute about whether the warehouseman had the right to to correspond with the description thereof in the receipt at the time mix the goods being deposited with other goods already de of its issue. I!, however, the goods are described in a receipt merely by a statement of marks or labels upon them, or upon packages contain- posited or which may thereafter be deposited. This section ing them, or by a statement that the goods are said to be goods of a further provides that fungible goods may be mixed if authorized ·certain kind, or that packages containing the goods are said to contain by custom. The question arises as to the locality of the cus- goods of a certain kind, or by words of like purport, such statements, •t f th if true, shall not make liable the warehouseman issuing the receipt, tom. The depos1 or o e goods, residing in one State, may although the goods are not of the kind which the marks or labels upon not be familiar with the custom in ·another State. Even if the them indicate or o.f the kind they were said to be by the depositor. custom is conceded to be the locality of the warehouse, a de- Section 20 makes the warehouseman liable to the holder of a positor living in another State could be wronged by being receipt for damages if the goods described in the receipt fail to charged for separat~ storage instead of for bulk storage. I correspond exactly with the description in the warehouse re- therefore believe that no fungible goods should be mixed with ceipt. That provision is a most excellent one generally, but other fungible goods without the written consent of the owner there should be exceptions, the benefit of which the warehouse- of the goods. , man should have. For instance, suppose a barrel of whisky is Mr. COX of Indiana. I did not catch the amendment the deposited with a warehouseman, and the warehouseman makes gentleman sugg:ests. I want to keep up with his suggestion. 3868 CONGRESSIONAL RECORD-HOUSE-. MARCH 28, Ur. JOHNSON of Kentucky. My suggestion was- that sec l\~. JOHNSON of Kentucky. Now, Mr. Speaker, I call at !?-on . 23, page 11, should have inserted, ini line 19, the word tention to page 16. Those who are following me in this bill will written" before the word "agreement." please take a; pencil and mark the words to which I call atten SEC. 24. Liability of warehouseman to depositors o~ commingled tion, so that they can readily find them. goods : The warehouseman shall be severally liable to each depositor This section is for the purpose of making provision for the for the care and redelivery of his snare or such mass to the same ex tent and under the same circumstances as if the goods had been kept ~areho!:s~man to collect storage. In subdivision B the word separnte. place 1s used seven times-once in line 7 again in line 8 Section 24, page 12 : Inasmuch as fungible goods are not again_ in line 9,. again in line 13, again in lin~ 15 again in lin~ entirely disposed of in section 23, and seem to be referred to 18, and in line 20. ' again in section 24, I suggest that after the, word "mass," and Th~ word " ~lace," while used seven times, has three distinct before the word " to," in line 4, there be inserted the following me~gs. A literal cm1struction of lines 7 and 8 and 9 would words : ' As is described in section 23." ~eqmr~ the sale to be in the war.ehouse or in some suitable- place ~ediately near to the warehouse, while the use of the word SEC. 25. Attachment or levy upon goods for which a negotiable re ceipt has been issued : If goods are delivered to a warehouseman by the m Imes 13, 15, and 18 appear to apply to a city or town. The owner or by a per on whose a.ct in conveying the title to them to a use of the word in line 20 may apply to either a city or a town purchaser in good fa ith for value would bind the owner, and a nego or to the warehouse, or to its immediate vicinity. tiable receipt is i sued for them, they can not thereafter, while in the po session of the warehouseman, be attached by garnishment or other This subdivision of the section is so uncertain in its meanfnO' wise, or be levied upon unde:c an execution, unless the receipt be first that many different constructions may be given. to it. It ~ surre houseman to advertise the sale of property stored in the ware added the words "or impounded," as is provided for in section house. In this subdivision it is intended to fix locate and make 14. After the word " enjoined," in line 15, should be added the certain the place of sale. The place of sale ~hould 'be so defi words " by a court of competent jurisdiction." I take it for nitely fixed that anybody could immediately locate it and go to granted this was intended by the draftsman, yet technically i~. In this subdivfsion it could be fixed almost anywhere in the speaking the word "enjoin " could be· construed to be an admoni city of New York or the city of Chicago, if the warehouse were tion of an order from an individual as well as from a court. located in either one o~ these cities; and, as this bill is to ap ply to the District of Columbia, under that section by the indis SEC. 26. Creditors' remedieS' t Passing over to page 20, section 41, subdivision B, after the will dispute that if a horse is lost or stolen or taken by robbery word "receipt," line 24, there should be added these words: from its owner that the owner may follow and take his horse ".And of this act." The reason is quite apparent, and as I have wherever found, regardless of the fact that an innocent pur such limited time, I shall not undertake to comment on it now. chaser may then have it in his possession. All this being SEC. 43. Transfer of negotiable receipt without indorsement: Where beyond dispute, I see no reason why a warehouse receipt, repre a negotiable receipt is transferred for value by delivery, and the in· senting valuable property, when wrongfully gotten possession of dorsement of the transferrer is essential for negotiation, the transferee acquires a right against the transferrer to compel him to indorse the should protect the innocent purchaser any more than an inno receipt, unless a contrary intention appears. The negotiation shall take cent purchaser of a horse should be protected which has been effect as of the time when the indorsement is actually made. ~tolen or taken by robbery. Page 21, section 43, line J 9, where a negotiable receipt is I would like before passing to section 48, page 23, to go :fur transferred for value, by delivery, and the indorsement of the ther into the meaning of the word "duress." The authorities transfer is essenfial for negotiation, the transferee acquires a define "dure~s of imprisonment" as existing where a man actu right against the transferrer to compel him to indorse the re ally loses his liberty. If a man be illegally deprived of his ceipt, unless a contrary intention appears. This section does liberty nD:.til he sign and seal a bond or the like, he may allege not provide whether the transferrer should be compelled with a this duress and avoid the bond. But if a man be legally im shotgun or by an order of court. In either event it does not go prisoned, and, either to procure his discharge or on any other far enough, for the reason that when the transferee undertakes fair account, seals a bond or a deed, this is not by "duress of to use compulsion the transferrer may then be dead. Under imprisonment," and he is not at liberty to avoid it. Where the this section, in lines 1 and 2-- proceedings at law are a mere pretext, the instrument may he .Mr. CAMPBELL. Mr. Speaker, I would suggest that this ap· a\oided. Duress per minas is defined as that which is either plies only to the District of Columbia and not to the State of for fear of loss of life or else for fear of mayhem or loss of Kentucky, so that the natural inference would be that it would limb. Lord Coke enumerates four instances in which a man be by order of court. may a void his own acts by reason of menaces-for fear of loss .Mr. JOHNSON of Kentucky. Mr. Speaker, if the police rec of life, of member, of mayhem, of imprisonment. ords are any criterion by which a man can judge, there are Now, passiilg to section 48, page 23. This section provides many times more arrests in the District of Columbia for every that where a warehouse receipt bas been sold, mortgaged, or offense that can be named than there are in three times as pledged, and it continues in the possession of the one so dispos much territory in the State of Kentuc1.7. [Applause.] ing of it, that he may make a second disposition of it and defeat Mr. STEPHENS of Texas. Does not this change the law of the rights acquired by the one to whom it was first sold. If negotiable instruments in this, that it is a matter of contract this were permissible because .of the laches of the first pur as to how the instrument shall be transferred? • chaser, there could be some reason.for it. But there is no excep Mr. JOHNSON of Kentucky. Yes; it does. tion made to this rule, notwithstanding the fact tba.t the first JUr. STEPHENS of Texas. And as to the liability of the purchaser of the warehouse receipt failed to get possession of it transferee? because of force or duress practiced by the one from whom he l\fr. JOHNSON of Kentucky. Yes; it does. purchased. In either event it does not go far enough, as I said, for the Now, on page 24, of section 50, this section makes fine and reason that when the transferee undertakes to use compulsion, imprisonment the only penalty against the warehouseman for either by order of court or otherwise, the transferrer may then be fraudently issuing a warehouse receipt. He sh-0uld also be dead. Under this section, in lines 1 and 2, page 22, the transfer held liable in damages for each and every result of his fraud. does not take effect until the indorsement has actually been It may be contended that this could be done in a court of law obtained. Consequently, th~ transferee would have no rights, or equity without the provision; but if this act is to com either in equity or at law, until an indorsement of the reecipt pletely and entirely cover all transactions in wai·ehouse re is actually had. At least, that is the effect of this provision. ceipts, the warehouseman should be made answerable in dam I can see no good reason why negotiation should not be com ages as well as by penalty by this act. plete at the time the consideration is passed, provided no inno What I have just said relative to section 50 should be made cent man is hurt. applicable to sections 51, 52, 53, and 54. Section 56, page 27, SEC. 47. When negotiation not impaired by fraud, mistake, or duress: provides that the rules of law and equity not provided for in The validity of the negotiation of a receipt is not impaired by the fact this act shall also be the law relative to warehouse receipts that such negotiation was a breach of duty on the part of the person making the negotiatfon,. or by the fact that the owner of the receipt was where there is no conflict with this act. · induced by fraud, mistake, or duress to intrust the possession or cus SEC. 57. Interpretation shall give effect to purpose of uniformity· tody of the receipt to such person, if the person to whom the receipt This act shall be so interpreted and construed as to effectuate its aen: was negotiated, or a person to whom the receipt was subsequently ne eral purpose to make uniform the law of those States which enact i't. gotiated, paid value therefor,_ without notice of the breach of duty, or fraud, mistake, or duress. In considering section 57 it must be borne in mind that Now, Mr. Speaker, I wish to call attention to section 47, page what I have said in considering section 47 relative to fraud 23, and I desire to say this is a very important section of the and duress would not be treated under other rules of law and bill. In this section we find the word " duress " used twice, equity, but under this act, which in PJany instances legalizes once in line 9 and again in line 14. By the use of this word fraud and duress which would be unlawful under common law. the negotiation of a negotiable warehouse receipt would be Now, we come to page 28, where the definitions occur. legalized if the owner of the receipt were compelled by "d,uress" Mr. JOHNSON of South Carolina. May I interrupt the gen to turn over to another person his receipt, and this other person tleman? took it and negotiated it, although it had come into his posses JUr. JOHNSON of Kentuc1..7. I will gladly yield. sion by tort. Duress means more than persuasion or coverture ; Mr. JOHNSON of South Carolina. On page 27, section 57, it it just as well means force or imprisonment. Consequently, if provides that this act shall be so interpreted and construed as the negotiable warehouse receipt were forcibly taken away from to effectuate its general purpose to make uniform the law in the a man, and by this wrongdoer, taken and negotiated to an inno different States. Is that a direction to the court not to apply cent purchaser, the act of robbery would, by this section, be com the ordinary rules of construction, but to adopt a construction plete, and the rightful owner of the receipt would be without that a court in some State may have adopted? remedy. Mr. JOHNSON of Kentucky. I am compelled to confess to Mr. MARTIN of South Dakota. In that connection, follow the gentleman that after one bas read the 56 sections of this ing the gentleman, it seems that "duress" is placed upon pre bill so wonderfully and fearfully put together it is difficult to cisely the footing as fraud or mistake. determine just what was meant. Mr. JOHl~SON of Kentucky. The word "duress" ought to M1·. ROBINSON. I would like to ask the gentleman a ques go according to its actual meaning, and the legal meaning of tion. Suppose that this act should be enacted by the 45 States, "duress" is personal restraint or fear of personal injury or and that every one of the 45 States should place a different con imprisonment. struction on the provisions o! the act, how in the world could Mr. MARTIN of South Dakota. Is there anything in that this act be considered so as to make uniform the laws of the section which changes the usual meaning of the word " duress? " State which enacted it? . Mr. JOHNSON of Kentucky. Oh, no. Mr. JOHNSON of Kentucky. If this were adopted by a Mr. l\IA.RTIN of South Dakota. I fail to see it, 1n a hasty State it would repeal all the other laws on the subject; and if glance. this were adopted there would be no end to the law suits. Now, Mr. .JOHNSON of Kentucky. Nobody will dispute that if a then, the answer may come :from somebody that this bill has bond is wrongfully taken from its owner by a robber or thief, been adopted by some of the States, but the answer to that is that as Jong as he can identify that bond, by number or other the time in which legislation can grow up has not yet arrived, wise, he can recover it, although the bond should have passed for the reason that it is a new bill in every State which has into the hands of an innocent purchaser. Again, no lawyer adopted it. '3870 CONGRESSIONAL RECORD-HOUSE. l\!ARCH 28, Mr. ROBINSON. I am very much interested in the very Mr. JOHNSON of Kentucky. I will ask the gentleman if his excellent, sincere exposition which the gentleman has made of report does not show that the preparation of it was begun many sections of this bill, and from the incongruities and the about four years ago? ambiguities to which he has called attention it appears that Mr. CAMPBELL. No, no. many different constructions may be made to many of these sec Mr. JOHNSON of Kentucky. And that a tentative copy of tions. How can the· Congress require a court, then, to construe it was submitted to the committee at Atlantic City, there re· an act so as to make it uniform to effectuate its general purpose vised, and afterwards a tentative copy submitted to some law and make uniform the laws of those States that have enacted yers and bankers at another place, and then it was again re it? Is not that an impossible requirement from the gentleman';S vised? But my opinion is-- view of it? Mr. C.AltfPBELL. I listened to the gentleman for something Mr. JOHNSON of Kentucky. I am inclined to agree with like an hour, and I ~hould like to proceed. the gentleman. Mr. JOHNSON of South Carolina. Mr. Speaker-- Mr. GOULDEN. Will the gentleman yield? Mr. CAMPBELL. I will yield to the gentleman for a ques- Mr. JOHNSON of Kentucky. Yes. tion. · Mr. GOULDEN. I heard you state a moment ago that suffi Mr. JOHNSON of South Carolina. Do I understand that the cient time had not elapsed in the different States in order to 18 States that have passed this bill passed it without amend- test this matter. How much time does the gentleman think will ment? · be required? Mr. CAMPBELL. They have; it is a uniform law. It has Mr. JOHNSON of Kentucky. I will say to the gentleman been adopted in all the States without amendment. that it is my observation that when any new law becomes Mr. JOHNSON of South Carolina. Will the gentleman state effective in a State that several years must elapse before the what States? final courts are reached on questions which arise under it. Mr. C.AltfPBELL. It passed in the State of New York, in the Mr. GOULDEN. My State, the State of New York, adopted State of Massachusetts, in the State of Wisconsin, and in the this law in 1907, three years agQ-,-identically the same law. ' State of Illinois. Mr. JOHNSON of Kentucky. What time in 1907? Mr. JOHNSON of South Carolina. Is it not possible that the :Mr. GOULDEN. About February, 1907. high authorities who framed this bill might have induced the Mr. JOHNSON of Kentucky. It has been in operation in legislatures to pass it without examination? Is it not possible? your State-- Mr. CAMPBELL. I hardly think it is possible that a legis Mr. GOULDEN. Three years, which would be " several," lature charged with the responsibility of passing an important according to the gentleman's definition. law of this character would pass it without giving it some con Mr. JOHNSON of Kentuclty. If every defect in this bill has sideration. been taken advantage of in your State, I have no doubt that Mr. JOHNSON of South Carolina. Mr. Speaker, I have many men have been wronged. known some things to go through the American Congress with Mr. GOULDEN. We have had no trouble with it whatever. out consideration, upon the statement of high authorities in the Mr. JOHNSON of Kentucky. Does the gentleman say there House. has been no litigation concerning this bill? Mr. CAMPBELL. It does not seem that this bill is going to Mr. GOULDEN. None that I have heard of, sir. get through without consideration. I think it is unfair to the Mr. JOHNSON of Kentucky. I am glad that you put in the legislators of the several States that have enacted this law to latter words, "heard of." suggest that they have enacted it without giving it the consider Mr. GOULDEN. It is identically the same law, word for ation that its importance requires. word. Mr. STAFFORD. Can the gentleman state in what State the Mr. JOHNSON of Kentucky. Mr. Speaker, I have said what law was first adopted, and when? I will ask him also whether I have in regard ·to this bill for the purpose of inviting general he has ascertained whether it has been in practical effect any attention to it, and if there is a man upon this floor who will -length of time? take it and study it and does not find that there is vital defect Mr. CAMPBELL. It passed in the State of New York three in at least some of the instances to which I have called ·atten years ago, and I am informed by a gentleman here who was in tion, if not in all of them, I am ready to go with him and help the legislature of that State, which he has just left to come pass the bill. But, in my judgment, it is the worst bill I have into this body, who was there when this law was enacted, ever seen. that there has not been a single objection nor a single amend Look at the definitions on page 28. I am not going to discuss ment offered to the bill or to the law of the State of New York; them. I simply wish you gentlemen to read them and think of and I am also informed that it has worked to the entire satis them for yourselves. faction of the people of that State. Take, for instance, the word "owner." That does not in Mr. GOULDEN. That is absolutely correct. clude mortgagee or pledgee. Then jump down to the word Mr. C.AltIPBELL. A.s stated by the gentleman from New " purchaser." I~ the purchaser of a warehouse receipt is not York [Mr. GOULDEN]. the "owner" of it, what is he? Now, the word "purchaser'' Mr. GOULDEN. The statement I wish to make, if the gentle does include the words " mortgagee" and " pledgee," and yet, man from Kansas will permit me, is that I am a member of the the word " owner " does not include mortgagee and pied.gee. National Board of Trade, which has been in existence nearly There are so many of these confusing and confounding things fifty years, and is one of the most carefully organized and one that appear all through this bill, I am perfectly willing to leave of the most influential bodies in this country. After a careful it to the tender mercies of those who can find something in it. examination of the subject they indorsed this bill in toto. [.Applause.] Mr. CAMPBELL. I thank the gentleman. The bill has not Mr. SMITH of Michigan. How much time have I remaining, only been indorsed by the National Board of Trade, but has Mr. Speaker? been indorsed by the Association of Warehousemen, the Amer The SPEAKER pro tempore. The gentleman has thirty ican Bankers' Association, and the American Bar Association. minutes remaining. I will state to· the gentleman that this bill was considered sec Mr. SMITH of Michigan. I reserve the balance of my time. tion by section at the meeting of the American Bar Association Mr. C.Alt:IPBELL. Mr. Speaker, the criticisms made of this in the city of Minneapolis in 1906. bill by the gentleman from Kentucky [Mr. JOHNSON] simply Mr. COX of Indiana. Will the gentleman yield for a ques -show that an able lawyer can take up almost any statute or tion? any court decision or any contract and make an interesting Mr. CAMPBELL. Yes. criticism of it. This bill has been under consideration by emi Mr. COX of Indiana. The mere fact that it was considered nent Ia wyers and publicists for many years. A conference of by that bar association does not signify, does it, that the bill is the commissioners on uniform laws, representing the· several perfect? States of the Union, have spent years in the preparation of this Mr. CAMPBELL. Oh, no; there is nothing perfect that is bill. It was first suggested by the American Bar Association to made by imperfect man. I doubt if we have ever enacted a the States that they select commissioners upon uniform laws perfect law in this country. . notes and bills, divorce, and warehouses, and so forth. The Mr. COX of Indiana. I may, possibly, agree with the gentle uniform law for notes and bills was prepared a number of years man to that extent; but does the gentleman plant himself on ago, and has been adopted by many of the States. This bill his own doctrine to this extent, . that he believes because the was prepared some four years ago, and has been adopted in 18 bill has been indorsed by the American Bar Association, there of the States. They are not States without business of this fore it is so perfect that this House would not be justified in character. undertaking to amend it? 1910. CONGRESSIONAL RECORD-HOUSE. 3871 Mr. CAMPBELL. I do not confine my indorsement of the I would like to make this suggestion on the question of uni bill to the .American Bar Association's indorsement. It has form laws: There is a doubt in the minds of some of us whether been indorsed by the judiciary committees of 18 States of the Congress ought to attempt to pass a law designed to become Union, and by the houses of representatives in those 18 States, uniform by enactment of state legislatures on subjects that and by the senates of those 18 States, and has had the indorse Congress has not the power to enact legislation upon or to ment of the governors of 18 States. It has had the indorse be made effective in a State; that if any particular subject ment of the warehousemen's associations in the United States Congress has the jurisdiction of-·- and of the .American Bankers' Association and of the Associa Mr. O.A.MPBELL. Oh, I can not yield to the gentleman for a tion on Uniform Laws. speech on states rights. l\fr. COX of Indiana. I see that is what your report says. Is Mr. ROBINSON. I am not going to make a speech on states not this ordinarily true, that we profit by the experience of rights, but I want to call attention to the fact that if Congress our mistakes in the past; and because some States have already should enact uniform legislation in relation to matters of which adopted this bill, is that proof conclusive that we ought not to States have jurisdiction, an amendment to the Constitution undertake to amend it now? · ought to be made. Mr. CAMPBELL. Does the gentleman from Indiana have in Mr. CAMPBELL. I will suggest to the gentleman from .Ar mind the particular amendment which he desires to propose? kansas that it is not incumbent upon any State to enact this Mr. COX of Indiana. I listened to a criticism against law unless the members of the state legislature in that State the bill by my able friend from Kentucky [Mr. JOHNSON], which see fit to enact it. We simply say that so far 18 States have struck me as being a very sensible one. seen fit to enact it. Kentucky does not have to enact it in its Mr. CAMPBELL. I will state to the gentleman from Indiana, present form, or in any form, neither does the State of Ar who, I take it, is a good lawyer-I am sure he is-that this bill kansas. was prepared by two eminent lawyers in the first instance, one Mr. ROBINSON. Will the gentleman yield for a further a publicist and the other a professor of law. The bill sought question? to enact the best-considered decisions in the various States on Mr. CAMPBELL. Yes. the subject, and took the statutes that seemed to have been Mr. ROBINSON. Has the gentleman any further answer to best considered in the different States and embodied them and make to the many criticisms made of the bill by the gentleman the principles of the common law. from Kentucky except by saying that it has been enacted }Jy 18 Mr. COX of Indiana. Will the gentleman yield for another States and has been approved by the .American ~ar .Associa question? tion? l\Ir. CAMPBELL. Yes. Mr. CAMPBELL. I will state that the gentleman could have Mr. COX of Indiana. I understood the gentleman to say that taken the bill and made just as liberal criticism upon it as that this bill had been adopted by 18 States. which was made by the gentleman from Kentucky. It is the Mr. CAMPBELL. Yes. easiest thing in the world to criticise and find fault with some Mr. COX of Indiana. Literally, in the same wording and thing that another man has done or has attempted to do. It phraseology? · is far easier to find fault with what the other man has done or Mr. CAMPBELL. Yes; this is a uniform law. is doing than it is to suggest a better way of doing it. Mr. COX of Indiana. I quite appreciate the gentleman's l\Ir. ROBINSON. If the gentleman will pardon me, the gen position in trying to get a bill passed by this body that will tleman from Kentucky made many suggestions which, accord be a uniform measure, such. as the other States should adopt. ing to his statement, made the bill objectionable. Mr. CAMPBELL. Such as they have adopted-such as 18 Mr. CAMPBELL. The gentleman from Kentucky will not of the other States have adopted. This is not the initial move say that he made .any amendments except criticisms of the bill, ment. except a few minor amendments.. Mr. COX of Indiana. But, if I mistake not, in the first session l\Ir. JOHNSON of Kentucky. I will say that when I first of the Sixtieth Congress there was an attempt made to pass began to consider the bill it was with a view of making amend an employers' liability law, and the argument was made that we ments, and I prepared a number of amendments, but I found wanted a bill that would be sufficient for the States to adopt. there were so many objectionable things in the bill that nothing But I think later the Supreme Court of the United States held would do except to prepare a general substitute for it. that law to be unconstitationaL So I do not know whether or Mr. CAMPBELL. But the gentleman has not offered a sub not it would be wise for us to undertake to legislate here in the stitute. way of getting a uniform law that will operate throughout all Mr. JOHNSON of Kentucky. The bill came into my hands the States the same. so late, as I said in my remarks, that I did not have time to Mr. CAMPBELL. Eighteen of the States have beat us in undertake it. At half past 11 this morning I had not com enacting this law. pleted a full examination of the bill. Mr. COX of Indiana. Then we are following the States. Mr. CAMPBELL. All of which corroborates what I stated Mr. CAMPBELL. · We are following these 18 States in its to the gentleman from Arkansas. The gentleman from Ken enactment. tucky has merely criticised rather than suggested amend Mr. COX of Indiana. If any good amendment could be ments to it. pointed out to this bill, I am sure the gentleman would wel Mr. JOHNSON of Kentucky. But the criticisms are just, come it. and it is a matter for the House. Mr. C.A.~iPBELL. I confess I have not heard any amendment Mr. CAMPBELL. As to whether criticisms are just that is yet which seemed to me to be a good one. a matter of opinion. Now, as to sections 40 and 47, the two Mr. COX of Indiana. But the gentleman, I take it, is still sections should be considered together. A warehouse receipt .open to conviction? may be negotiated: Mr. CAMPBELL. I am always open to conviction. (a) By the owner thereof ; or l\lr. COX of Indiana. I thought so. (b) By any person to whom the possession or custody of the receipt Mr. ROBINSON. Will the gentleman yield? has been lntrusted by the owner, if, by the terms of the receipt, the warehouseman undertakes to deliver the goods to the order of the Mr. CAMPBELL. Certainly. person to whom the possession or custody of the receipt has been Mr. ROBINSON. The gentleman from Kentucky [Mr. JOHN lnt;rusted, or l! at the time of such intrusting the receipt is in such SON] called attention a few moments ago to a large number of form that it may be negotiated by delivery. amendments which he thought ought to be made to this bill. That ls of fundamental importance. It goes to the rights of Mr. CAMPBELL. He made some criticisms rather than the holder, and it is familiar law in regard to bills and notes, amendments. the gentleman from Arkansas [Mr. RoBINsoN] and the gentle l\Ir. ROBINSON. He suggested some amendments. man from Kentucky [Mr. JOHNSON] both being familiar with Mr. CAMPBELL. I think his amendments were confined to that principle of law. striking out " or " and inserting " to " or striking out " to " Now, take section 47: In that connection the validity of the and inserting " or,'' but his criticisms were against sections and negotiation of a receipt is not impaired by the fact that such he discussed them rather than offered amendments. negotiation was a breach of duty on the part of the person Mr. ROBINSON. For illustration, he referred to section 47 making the negotiations or by the fact that the owner of the page 23 of the bill, in which a warehouse receipt which is ob: receipt was induced by fraud, mistake, or duress to intrnst the tained from the owner by duress is made negotiable, and sug possession or custody of the receipt to such person, if-" if "-the gested tha.t in a case where a person was forced to surrender person to whom the receipt was negotiated or a person to whom his warehouse receipt the instrument ought not to be negoti· the receipt was subsequently negotiated paid vulne therefor able, and that it ought not to be of value in the hands of the without notice of the breach of duty or fraud or mistake or purchaser for reasous that he went into in detail. duress. 3872 OONGRESSION AL RECORD-HOUSE. . 1\{ARCH 28, Mr. STEPHENS of Texas. Will the gentlenrn.n yield? sold at private sale where the warehouseman can be both the Mr. CAMPBELL. Certainly. purchaser and ·the seller. Mr. STEPHENS of Texas. Is not that the law on negotiable Mr. MADDEN. What I wish the gentleman from Kansas to paper now? answer, if he will, is whether or not there should be some Mr. CAMPBELL. Yes. clause in this section which would require the warehouseman Mr. STEPHENS of Texas. As recognized by all of the courts? to get authority from some official in the district before he Mr. CAMPBELL. Yes. That is the common law, ancl has can proceed to sell goods without advertising or to dispose of been enacted into statute by almost all of the States that have them in any other way. codes. l\Ir. CAMPBELL. Oh, I do not think the warehouseman Mr. STEPHENS of Texas. And is recognized . JJy all the ahould go to any authority in the district to get authority to courts? sell. If he has goods i.n his warehouse that are inflammable, · Mr. CAMPBELL. Yes. that are deteriorating in value, or that are leaking, or that are Mr. STEPHENS of Texas. Then why write it into this injuring or destroying other property stored in his warehouse statute? there, he ought to have the right to give notice to the party in Mr. CAMPBELL. To simply make it apply in these mattPrs, whose name the goods are stored, or to the owner of the goods, simply enacting the common law. We have a very imperfect to remove them. warehouse-receipt law in the District of Columbia. There are Mr. MADDEN. This does not specify the man to whom only about four sections of it, which give neither the warehouse- notice has to be given. man nor the owner of the goods very much information of what Mr. CAMPBELL. No- . his rights are under the law. So that disposes of the criti- Mr. MADDEN. And it does not make it certain that the cisms of section 47. person to whom the notice is given receives it, but this places . Now, speaking of these sections and what they do, the act has within the power of the warehouseman the right to sell the been carefully prepared and divided up into three parts and goods without incurring any liability whatever for selling them. subdivided into sections and subsections. Part 1 embraces sec- It takes away from the owner of the goods the right to recover tions 1 to 7 and states who may issue warehouse receipts, giving for any loss which he may sustain by reason of the action of the the form of the receipt and the essential and permissible terms warehouseman. of the receipt. Mr. CAMPBELL. No, no; by reason of his own action by Mr. ROBINSON. Will the · gentleman yield for a question refusing to remove the goods from the warehouse upon notice. there? Mr. MADDEN. If we assume that he receives the notice. Mr. CAMPBELL. Yes. Mr. CAMPBELL. We go upon the assumption that he re- Mr. ROBINSON. Can the gentleman give any reason why ceives the notice if the notice was given him. some particular form of receipt was not fixed, since there are Mr. l\IADDEN. Suppose the owner of the warehouse simply some nine particular requirements made in that first section as drops a letter in the mail, and suppose the letter was mis to what the receipts shall contain. Why not fix the form of the carried. receipt, if you want uniformity? Mr. CAMPBELL. That would not be notice. Mr. CAMPBELL. I have the form of the receipt adopted in l\1r. MADDEN. Who says that will not ·be notice? the State of New York, which embodies the principles here l\ir. CAMPBELL. No court would say that would be notice; required. , no attorney would say that would be notice. Mr. ROBINSON. What I am asking the gentleman is why a l\Ir. l\fA?DEN. ~ a~ not eithe! a court or ~ttorney. I am 100 f · f · t t d 0 pt d What is the objection to pre- ~mly k!ng at thi~ _from a ~usmess standpomt, and asking or~.o re~eip was no ~ ? e · · if the man who origmally owned the goods and stored them scnbmg the form of receip~: · · . and paid the storage charges ought not to have some protection, Mr. C.Al\~PBELL. I fea~ if we had adopt~ a fo~m of receipt l and if the· man who stored them ought not to be held account here ~e might have been liable to attac_k for imposmg upon the able to some extent for the rights of the man who paid the intelligence of the warehouseman and his attorney: . storage charges and owned the goods. Now, I do not think Mr. ROBINSON. Yes; but you have made rune particular this section covers that because- requirements. . . Mr. CAMPBELL. This section was taken almost literally Mr. CAMPBELL. Yes; to be embodied rn the warehouse re- from the laws of Massachusetts, section 69. ceipt. . . . Mr. MADD~~. The gentleman would not undertake to say, Mr. ROBINSON. Would it not have been Sllllpler to have pre- because it was taken from the laws of the State of Massachu scribed the form of the receipt, if it is uniformity the gentleman setts or any other State that it is not susceptible of being is after? improved? Mr. C.Al\IPBELL. Not at all. We simply state what the Mr. CAMPBELL. Oh, no;- not at all; but the goods de- receipt shall embody. scribed are inflammable goods or goods that will deteriorate Mr. MADDEN. Will the gentleman yield? rapidly in value; they are perishable goods, and the warehouse- Mr. CAMPBELL. Yes. man must protect himself and protect the people who serve l\Ir. MADDEN. I wish the gentleman would turn to section notice•that he must get them out. · 84 and look it over, and I want to ask the gentleman whether Mr. MADDEN. Now, why does he not get them out? he thinks · the section ·protects the owner of the goods, which Mr. JOHNSON of Kentucky. The owner· is no longer inter- may be of an inflammable nature or may deteriorate greatly in ested; as he has sold his warehouse receipt. value. Mr. C.Al\fPBELL. There is no knowing that he has; the Mr. JOHNSON of Kentucky. They could be sold at private warehouseman does not know. . sale. l\Ir. JOHNSON of Kentucky. But the warehouseman know!!! Mr. MADDEN. I would like to know where the protection he has issued a negotiable receipt, and it is more than likely comes in in case the warehouseman undertakes to sell them, and it has been hypothecated. whether or not the warehouseman ought not to be obliged to Mr. CAMPBELL. It is possible that he has, but the receipt get the judgment of some person who is an expert in values states upon its face what the contents are, and any purchaser as to the real value of the goods before he is permitted to make of a warehouse receipt takes notice of the perishable nature of the sale. · the goods. · Mr. CAMPBELL. The section provides that if goods are of I Mr.. MADDEN~ Will the gentleman allow one further a perishable nature, or by keeping will deteriorate greatly in question? · · value, or by their odor, leakage, inflammability, or explosive Mr. C.Al\IPBE~L. Yes. . · nature will be liable to injure other property, the warehouse- Mr. MADDEN. Would the receipt state whether the goods man may give such notice to the owner or to the person under were inflammable or perishable? . whose name the goods are stored as is reasonable and possible Mr. CAMPBELL. · Oh, yes; the receipt must state the nature under the circumstances to satisfy the lien upon such goods of the goods. and to remove them from the warehouse, and in the event of Mr. MADDEN. Well, it would not state they were inflam- the failure of such person to satisfy the lien and to remove the mable, would it? . . . goods within the time specified, the warehouseman may sell Mr. CAMPBELL. It wou.ld state that it is whisky or gaso- the goods at public or private sale without advertising. line or a bale of cotton. Mr. JOHNSON of Kentucky. Now, if the gentleman will Mr. JOHNSON of Kentucky. Do you believe a man who re- pardon me there just one moment, I will call his attention to ceives a barrel of gasoline for storage and issued a warehouse the fact that this notice is given to the man who deposited the receipt for .that ought afterwards be permitted to sell that goods, whereas the holder of the receipt may be in a distant barrel of gasoline because it is in.flammable? He should never State and know· nothing of this transaction and his goods be have received it in the beginning. 1910. CONGRESSIONAL RECORD-... HOUSE. 38.7-3-. Mr. CAMPBELL. Certainly that is true; and if it should not were there made, and the net was recommitted to the draftsmen be received, it is stated on the face of the receipt, and that for the preparatio_n of a new draft. · would be notice to all persons to whom that receipt was offered During the ensuing winter and spring the act was carefully thereafter. considered by the· American Warehousemen's Association in Mr. l\IADDEN. Will the'gentleman allow me to ask him one annual meeting, and by a committee of that a·ssociation and a· more question? committee of the American Bankers' Association, at which the Mr. CAMPBELL. Yes. draftsmen and members of the committee on commercial law · Mr. MADDEN. Ought not this section to provide the length of the· conference were present to explain the provisions of the of the notice to be given, and ought it to leave within the judg act. At this meeting suggestions as to the usages in the ware- · ment of the warehouseman entirely the question of whether house business and as to the necessities of commerce were made he should sell at private or public sale? Ought not he to be by· the warehousemen and bankers. With the added light fur required to haTe some official pass upon the kind of a sale nished by these suggestions and criticisms a third tentative which should be made? draft was prepared and submitted to the conference at St. Paul Mr. CAMPBELL. A court of equity would pass upon it, or in August, 1906. This draft was considered section by section a court of law would pass upon it, if he had not carried out by the committee on commercial law and by the commisSioners the spirit and letter of this act. . - in conference assembled, and, .after the incori>oration of ·some · Mr. .l\IADDEN. That does not protect the man who has changes, was adopted and recommended to the legislatures of owned the goods and has sustained the loss with the protection the se•eral States for passage. _ that he ought to have until the end of the lawsuit, and maybe This law, as adopted, has received the unqualified approval not then, because the warehouseman may have failed before of the American Bar Association, the American Warehouse that time. men's Assocfation, the American Bankers' Association, the Mr. CAMPBELL. A great many things may happen to de American Civic Federation, the National Board of Trade, and prive a man of his rights, and we can not enact laws that guar many other national and state organizations, such as boards of antee a man that be will never suffer a wrong. trade and chambers of com~ei;ce. It has r~ceived the approval : Mr. RUSSELL. If I understood the meaning of the sec of 18 legislative bodies and become the law of 17 of the principal tion you repose in the judgment of the warehouseman, in the commercial States of the country, namely: California, Con- · first instance, to determine the fact ~hether the goods are in necticut; Iowa, Illinois, Kansas, Louisiana, Michigan, Massachu flammable, as to whether they are perishable, and as to whether setts, Nebraska, New Jersey, New York, Ohio, Pennsylvania, they are deteriorating in value, and other circumstances which Rhode Island, Tennessee, Virginia, and Wisconsin, and also the would authorize the sale. You also repose that solely in the Territory of New Mexico. In the District of Columbia it has discretion of the warehouseman, without the supervision of any been approved by the_Commissioners of the District, by the local body. In the second place, you repose in the judgment of the bar association, and by the Washington Board of Trade. The • warehouseman the determination of the fact .as to whether the passage of this measure is recommended by tlie Commissioners · sale is made at public sale or prtrnte sale. You then repose, of the District of Columbia. further, in him the discretion of determining whether the sale The purpose of the act is, as shown in its title, to make uni- shall be made with notice or without notice. form the law of warehouse receipts. · Mr. CilIPBELL. It must be made with notice. Part I of the act, embracing sections 1 to 7, states who may Mr. RUSSELL. But even waiving that-- issue warehouse receipts, gives the form of such receipts the Mr. CAMPBELL. He was notified to take them out. essential and permissible terms, defines- negotiable and 'non Mr. RUSSELL. Do _you not think that by reposing powers negotiable receipts, and determines when duplicate receipts may of this kind in the warehouseman, you ought to supplement be issued. that by having it under the direction or discretion of some Part II sets fortlt the obligations and · rights of the ware- · authority in the Dish·ict to determine whether the warehouse housemen upon their r~ceipts. In section 8 it provides the man ought to be permitted the sale; and if so, how he should obligations of the warehouseman to deliver goods in his posses be permitted to make it? In other words, I think you could sion, and in section 9 provides bis justification for making de obtain all the remedial legislation you expect to get in this bill livery to certain persons. - and yet have the wareh(\ilseman conduct it under the super Section 10 provides his liability for misdelivery. vision of some lawful officer in the District. Sections 11 and 12 require that negotiable receipts must be Mr. CAMPBELL. The trouble about it is the quality and canceled when all goods covered by it are deli'rered or deliveries condition of the goods that we are handling'in this section. noted upon it in cases of partial delivery. .Mr. RUSSELL. But you let your warehouseman determine Section 14 directs procedure in case of lost or destroyed re- _ whether they meet those conditions, without any supervision ceipts.- from any source. Section 15 provides the liability assumed by warehousemen in Mr. CAMPBELL. But the section itself states what kind of issuing duplicate receipts. goods will come within that section. Section 16 debars a warehouseman from setting up title in Mr. RUSSELL. But who is to determine the fact as to himself as an excuse from liability for refusing to deliver goods whether the goods are of the class described in the section? according to the terms of the receipt except in certain cases. Mr. CAMPBELL. The presumption is that the warehouse- Sections 17, 18, and 19 give warehousemen, in case of adverse man will do exactly what the statute requires him to do. · claimants, right to require all known claimants to interplead Mr. RUSSELL. Now, if we could always indulge those pre and reasonable time to determine validity of claims. sumptions, there would be no need of having any particular Section 20 makes the warehouseman liable for nonexistence conduct under anybody's supervision. or misdescription of the goods in his receipt. Mr. CAMPBELL. We do indulge those presumptions. We Section 21 provides the rule of liability for the care of goods go upon the presumption that every man will do _his duty. in his custody as that which a reasonably careful owner of ~Ir. ROBINSON. Will the gentleman yield just for a state similar goods would exercise. _ ment? Section 22 requires goods to be kept sep_arate so as to permit 1\fr. CA'UPBELIJ. Yes. the identification and redeli>ery of the goods deposited. Mr. ROBINSON. The statute requires the warehouseman to S~c tions 23 and 24 provide when a warehouseman may com give such notice as is reasonable and possible under the circum mingle goods and states his liability to the depositor under stances as to satisfy the-lien upon such goods, and to remove such commingling. them from the warehouse, and, if that is not done, it especially Secti XLV--243 , 3874 CONGRESSIONAL RECORD-HOUSE. l\1ARCH 28, Section 43 glveB· the holder of a negotiable reeeipt transferred tlon. In foreign countries. I have therefore. appointed a taritr board consisting of three member.a and have directed them to perform all the to hi.ID by delivery the right to compel the tranfil.errer- to in- duties abov& described. This work will perhaps take two or three dorse the reeeipt unless a contrary intention appears. years-, and I ask from Congress a continuing· annnal appropriation equal Sections 44, 45, and 4~ provide the- warranties on sale of to that already made for its prosecution. I believe that the work of this board will be of prime utility and importance whenever Congress receipts and the- lack of them in certam eases. shall deem it- wise again to readjust the customs duties.. If the facts Section& 47 and 48 provide when negotiation of a receipt is secured by the tariff board are of such a character as to show generally not impaired by fraud, mistake, or duress. that the rates of duties imposed by the present tariff law are e:xcesslve under the princiQles of prote.ction as describ~ in the platform o-f the Section 49 makes a seller's. lien or right of stoppage, in. trans. successful pa:rty at the late election, I shall n~t hesitate to tmrite- the itu of no. effeet where a negotiable receipt for the goods in. ques-· attention of Congress to this fact. and to the necessity for action predl· tion has been negotiated. cated thereon. Nothing, however, halts business and interferes with the course of pro perity so much as the threatened revision ot the Sections 5.0 to 55 make it a criminal offense: to issue a receipt tariff, and until the facts are at hand. after careful and deliberate in· for- goods not received; for the issue of a receipt containing vestigation, upon wbfch sueh revision. can properly be undertaken. it false statements; for the issue of a r:eeeipt by a waFehouseman seems to me unwise to attempt it. The amount of misinformation that creepa into arguments pro and con in respect to tariff rates is such as fo.r goods belonging to himself whi-cb does not state that. fact of to require the kind ot· investigation that. I have directed the ta.riff ownership, and provide the penalties; also for delivery of goods board to. make, an investigation undertaken by it wholly without re with-0ut first having obtained the- negotiable receipt; and foc the spect to the elfect which the facts may b.ave iri calling- for a readjust- negotiation of a negotiable re£eipt covering mortgaged goods ment of the rates of duty. · Sections 56 to 58 give interpretation to- works and clauses. Upon consulting the members oi' the tariff board I find that used.. to carry out the purpose announced in my annual me sage it Sections 59 to 62. are enacting sections. will be necessary to have an appropriation by the Congress~ im In addition. to the recommendation. ot the District Comm.i& mediately available, for the current and the next fiscal year, of sioners ab0ve referred to, they further approved a similar bill $:250,000, and I resJJectfulcy urge UJJOn Congress this appro-pria (H. . R. 16881) s.uhmitted to thfilll l:>y this committee during the tion. I have directed' the Seeretary of the Treasury to submit present session. an estimate of the same in the statutory meth-0d. The state Mr. . SMITH of Michigan. Will the gentleman from Kansas. men.t of the chairman of the tarifr' boaFd, showing. the neee sily (l!t1lf. CAMPBELL} be willing to. res~ve his time?- for· the amount. asked, is herewith submitted. ME. CAMPBELL. I will oe willing- to reserYe the balance WM. H. TAFT. of my time.. THR WHITE. Hous.E, March 28, 1910~ Mr. SMITH o.f Miehigan.. Ml"~ Speaker, it iB very evident that we can not conclude this bill to-night, and I move that the CHANGE' OF DEFERENCE-IDA A. CHE\V. House do now adjourn. By unanimous consent, change of reference of the bill (S. The SPEAKER. The Chair will ask tfie gentleman to with 6887) for the relief. of" Ida A. Chew, owner of lot 112, square • ]¥>M his request for a few minutes. 721, Washington, D. C.~ with regard to a sessment and payment ANNUAL BEPOBT OF PHILIPPINE COMMISSION FOR 1909-. o:f damages on account of changes of grade due to construction The SPElAKER la:id before the HQuse the following mes of. the Union Station,. District of Columbia, was niade ftom the. sage from the President of the Ullited States which was read Committee on Claims: to- tlle Committee on the District of and,. with accompanying papers, referred o the Committee on Columbia. Insul r Affairs and ordered to be printed: LEAVE OF ABSENCE. To the Senate ~a House o.f Re:rn-esentatives-: By unanimo.us consent, leave of absence was granted as.. fol I transmit herewith, for the information ot the Congress, the lows-: annuql r port or the Philippine Commi ion for the year enfl.ed To Mr. LANGLEY, for one week, on account of illness in family. jnne 30,. 1909, and a copy of the laws passed by the govern To- Mr. HARDWICK, indefinitelyr on account of sickness in ment of the Philippine Islands between August 23, 190 , and family. J'une 26, 1909. ADJ REPORTS OF COMMITTEES ON PRIVATE BILLS AND He also, from the same committee, to which was referred RESOLUTIONS. Bouse bill 15562, reported in lieu thereof a resolution (H. Res. Under clause 2 of Rule XIII, private bills and resolutions 521) referring to the Court of Claims the papers in the case of were severally reported from committees, delivered to the Clerk, the St. John's Hospital, at Springfield, Ill., accompanied by a and referred to the Committee of the Whole House, as fallows: report (No. 855), which said resolution and report were referred Mr. HAUGEN, from the Committee on War Claims, to which to the Private Calendar. · was referred the bill of the House (H. R. 19343) for the relief He also, from the same committee, to which was referred of Addison L. Brown, reported the same without amendment, ac House bill 18537, reported in lieu thereof a resolution (H. Res. companied by a report (No. 841), which said bill and report 522) referring to the Court of Claims the papers in the case of were referred to the Private Calendar. George Davis, accompanied by a report (No. 856), which said He also, from the Eame committee, to which was referred the resolution and report were referred to the PJ.·ivate Calendar. bill of the House (H. R. 19344) to pay Velvia Tucker ~rrears He also, from the same committee, to which was referred of pension due her father, William N. Tucker, reported the same House bill 8665, reported in lieu thereof a resolution (H. Res. without amendment, accompanied by a report (No. 842), which 523) referring to the Court of Claims the papers in the case of said bill and report were referred to the Private Calendar. J. H. Willis, accompanied by a report (No. 857), which said Mr. PLUMLEY, from the Committee on War Claims, to which resolution and report were referred to the Private Calendar. was referred the bill of the Senate ( S. 4399) for the relief of He also, from the same committee, to which was referred Maj. Pierre C. Stevens, reported the same without amendment, House bill 19165, reported in lieu thereof a resolution (H. Res. accompanied by a report (No. 843), which said bill and report 524) referring to the Court of Claims the papers in the case of were referred to the Private Calendar. the estate of Robert Simms, accompanied by a report (No. 858), Mr. McLACHLAN of California, from the Committee on War which said resolution and report were referred to · the Private Claims, to which was referred the bill of the House (H. R. Calendar. 9315) for the relief of James Easson, reported the same with He also, from the same committee, to which was referred out ame~ent, accompanied by a report (No. 876), which said House bill 9863, reported in lieu thereof a resolution -(H. Res. bill and report were referred to the Private Calendar. 525) referring to the Court of Claims the papers in the case of Mr. HAUGEN, from the Committee on War Claims, to which George H. Witten, accompanied by a report (No. 859), which was referred House bill 22078, reported in lieu thereof a resolu said resolution and report were referred to the Private Calendar. tion (H. Res. 510) referring to the Court of Claims the papers He also, from the same committee, to which was referred in the case of the legal representatives of Henry Collier, de House bill 4007, reported in· lieu thereof a resolution (H. Res. ~~ased, accompanied by a report (No. 844), which said resolu 526) referring to the Court of Claims the papers· in the case of tion and report were referred to the Private Calendar. the heirs of William Gee, deceased, accompanied by a report He also, from the same committee, to· which was referred (No. 860), which said resolution and report were referred to the Rouse bill 23023, reported in lieu thereof a resolution (H. Res. Private Calendar. till) referring to the Court of Claims the papers in the case of He also, from the same committee, to which was referred Charles Dahling, accompanied by a report (No. 845), which said House bill 5827, reported in lieu thereof a resolution (H. Res. resolution and report were referred to the Private Calendar. 527), referring to the Court of Claims the papers in the case of He also, from the same committee, to which was referred the heirs of Gideon F. Mann, accompanied by a report (No. 861), House bill 19095, reported in lieu thereof a resolution (H. Res. which said resolution and report were referred to the Private 512) referring to the Court of Claims the papers in the case of Calendar. C. C., T. W., and A. J. Hodges, accompanied by a report (No. He also, from the same committee, to which was referred 846), which said resolution and report were referred to the House bill 21637, reported in lieu thereof a resolution (H. Res. Private Calendar. 528) referring to the Court of Claims the papers in the case of He also, from the same committee, to which was referred Hector Damask, accompanied by a report (No. 862), whtch said House bill 22023, reported in lieu thereof a resolution (H. Res. resolution and report were referred to the Private Calendar. 513) referring to the Court of Claims the papers in the case of Mr. FOCHT, from the Committee on War Claims, to which the estate of John R. Poplin, accompanied by a report (No. 847), was referred House bill 15442, reported in lieu thereof a resolu which said resolution and report were referred to the Private tion (H. Res. 529) referring to the Court of Claims the papers Calendar. in the case of the State of Pennsylvania, accompanied by a re He also, from the same committee, to which was referred port (No. 863), which said resolution and report were referred House bill 14078, reported in lieu thereof a resolution (H. Res. to the Private Calendar. 514) referring to the Court of Claims the papers in the case of Mr. HAUGEN, from the Committee on War Claims, to which George W. Leonard, accompanied by a report (No. 848), which was referred House bill 6977, reported in lieu thereof a resolu said resolution and report were referred to the Private Calendar. tion (H. Res. 530) referring to the Court of Claims the papers He also, from the same committee, to which was referred in the case of James B. Houston, accompanied by a report (No. House bill 12639, reported in lieu thereof a resolution (H. Res. 864), which said resolution and report were referred to the 515) referring to the Court of Claims the papers in the case of Private Calendar. Julius C. Zanone, accompanied by a report (No. 849), which He also, from the same committee, to which was referred • said resolution and report were referred to the Private Calendar. House bill 2550, reported in lieu thereof a resolution (H. Res. He also, from the same committee, to which was referred 531) referring to the Court of Claims the papers in the case of House bill 20876, reported in lieu thereof a resolution (H. Res. the trustees of Steep Bottom Baptist Church, accompanied by 516) referring to the Court of Claims the papers in the case of a report (No. 865), which said resolution and report were re George A. Tucker, accompanied by a report (No. 850), which ferred to the Private Calendar. said resolution and report were referred to the Private Calendar. He also, from the same committee, to which was referred He also, from the same committee, to which was referred House bill 18125, reported in lieu thereof a resolution (H. Res. House bill 20877, reported in lieu thereof a resolution (H. Res. 532) referring to the Court of Claims the papers in the case of 517) referring to the Court of Claims the papers in the case of Ed. D. Steger and J. E. Labatt, accompanied by a report (No. James Holliday, accompanied by a report (No. 851), which said 866), which said resolution and report were referred to the resolution and report were referred to the Private Calendar. Private Calendar. He also, from the same. committee, to which was referred He also, from the same committee, to which was referred House bill 20878, reported in lieu thereof a resolution (H. Res. House bill 5601, reported in lieu thereof a resolution (H. Res. 518) referring to the Court of Claims the papers in the case of 533) referring to the Court of Claims the papers in the case of James G. Yates, accompanied by a report (No. 852), which said William M. Underwood, accompanied by a report (No. 867) resolution and report were referred to the Private Calendar. which said resolution and report were referred to the Privat~ He also, from the same committee, to which was referred Calendar. House bill 15874, reported in lieu thereof a resolutiou (H. Res. l\Ir. FOCHT, from the Committee on War Claims, to which 519) referring to the Court of Claims the papers in the case of was referred House bill 13852, reported in lieu thereof a reso Peter Keveney, accompanied by a report (No. 853), which said lution (H. Res. 534) referring to the Court of Claims the papers resolution and report were referred to the Private Calendar. in the case of The State of Rhode Island, accompanied by a He also, _from the same committee, to which was referred report (No. 868), which said resolution and report were re House bill 21007, reported in lieu thereof a resolution (H. Res. ferred to the Private Calendar. 520) referring to the Court of Claims the papers in the case of Mr. HAUGEN, from the Committee on War Claims, to which Absalom' C. "Phillips, accompanied by a report (No. 854), which was referred House bill 4732, reported in lieu thereof a resolu said resolution and report were referred to the Private Calen ction (H. Res. 535) referring to the Court of Claims the papers dar. in the case of the heirs of Thomas G. Flagg, deceased, accom· 3876 CONGRESSIONAL RECORD-ROUSE. MARCH 28,_ panied by a report (No. 869), whlch said :resolution and report PUBLIC BILLS; RESOLVTIONS, .A.ND MEMORIALS. ere referred fo the Private Calendar. Under clause 3 of Rlile XX1I, bills, resolutions, and memo· He also, fi'om the sa.me committee, to which was. :c:eferned rials of the following titles weie introduced and severally re House bill 22548, reported in lieu theneof a resolution (Hi. Res. ferred as follo"W's: au"6) referring to the Court o1l Claims tile" papers in. the case of By Mr.. BURGESS: A bill (H. R.. 23634) to authorize the the heirs of Nicholas White, deceased, accompanied. by a re-port llockpoot and Aransas Pass Railway Comprrny to construct a ~No. 10) , w hieh said resolu.ti-0n and report. werei referred to brtdge--to the Committee on Interstate and Fo1·eign. Commerce- the PriTate Calendar. . By Mr. DIC.KINSON: A. bill (H. R. 23635) to amend section Ile also, from the saine committee, to whieh was refe:rre 8 of an act entitled "An ct to regulate the sale 0:£ intoxicating, House bill 2243, reported in lieu thereef a resolution {H. Res. liquors in the District of Columbia," a:pprovoo l\fa.rch 3, 1803,. 531') re:ferrin,(T to the Court o:f Claims- th~ papers relative. to pay as am.ended, by sub ellUent a-eta-to- the Committee on the Dis ing. all. :tledfial old.iers- honorably discharged 2 a day while- con trict of Columbia. ( tl.ned. in con.federate military pi::ison.s thirty days or more, ac By Mr. TAWNEY: A bill (R.. R. 23006) to amend section eompa:nied by a report (No. 871),. which saidi resolution and S63 of the. Revised Statutes o:fl the. United States-to the- Comw report. were refeTred to the Private CaJendar. mi ttee on. the J udiciacy He al ~ from the same eo.mmittee; to hich was referred By Mr. .MORGAN ot Missouri: .A. bill (H. R 23637} provid H ouse bill la276, reportedi in lieu thereof a resolution fH.. Res. ing for the- erection: of a publie building at Aurora, Mo.-to the 53 ) refel!tin00 to the Court of Claims the pa.-pers i.ni the- case o:f Committee on Public Buildings and G.raund . Eli W. Owens, of Barren By Mr. D~ER: .A. bill (H. R. 23657) granting an increase PETITIONS, ETC. of pension to Jn.cob Mosby-to the Committee on Invalid Pen Under clause 1 of Rule XXII, petitions and papers were laid sions. on the Clerk's desk and referred as follows : Also, a bill (H. R. 23658) granting an increase of pension to By Mr. .ALEXANDER of- New York: Petition of the Audu Mary L. Thompson-to the Committee on Invalid Pensions. bon Society of the State of New York, favoring House bill By l\Ir. DICKINSON: A bill (H. R. 23659) granting an in 10276 to protect migratory birds of the United States-to the crease of pension to Philip Cline-:--to the Committee on Invalid Committee on Agriculture. Pensions. By Mr. ANDERSON: Papers to accompany bills for relief of Also, a bill (H. R. 23660) granting an increase of pension to Mahlon C. Bennett, Simon E. De Wolfe, David Alcutt, and John Gregg-to the Committee on Invalid Pensions. Daniel Reineck-to the Committee on Invalid Pensions. By Mr. DWIGHT: A bill (H. R. 23661) granting an increase Also, petition of Tiffin Coun.cil, No. 608, Knights of Columbus, of pension to Richard Miller-to the Committee on Invalid for House bill 17543-to the Committee on the Post-Office and Pensions. Post-Roads. By Mr. FOCHT: .A. bill (H. R. 23662) granting an increase Also, petition of C. 0. Probst, secretary state board of health, of pension to John W. Gillan-to the Committee on Invalid of Columbus, Ohio, favoring Senate bill 6049, national depart Pensions. ment of health-to the Committee on Expenditures in the Inte By Mr. GARRETT: A bill (H. R. 23663) gr~nting an incr_ease rior Department. of pension to Mrs. L. M. Hill-to the Com.Dllttee on Pensions. Also, paper to accompany bill for relief of John Latham-to By Mr. GILMORE: A bill (H. R. 23664) for the relief of the the Committee on Invalid Pensions. estate of John Carr deceased-to the Committee on Claims. . By Mr. ANSBERRY: Petition of Van Wert (Ohio) Council, Also, a bill ( H. R. 23665) to refund certain taxes pa~d by No. 196, Royal Arcanum, fa\oring House bill 17543-to the the Southern Redistilling and Rectifying Company (Lllillted), Committee on the Post-Office and Post-Roads. of New Orleans La.-to the Committee on Claims. By Mr. ASHBROOK-:: Petition of Hon. C. 0. Probst, secretary By Mr. GRAFF: A bill (H. R. 23666) granting an increa~ of state board of health of Ohio, indorsing the establishment of pension to Robert S. Erwin-to the Cbmmittee on Invalid of a national department of health-to the Committee on Ex-. Pensions. penditures in the Interior Department. By Mr. HELM: A bill (H. R. 23667) granting an increase of Also, paper to accompany bill for relief of Mrs. Margaret pension to James T. Terhune-to the Committee on Invalid Heater-to the Committee on Invalid Pensions. Pensions. Also, resolution of the striking employees of the Bethlehem By Mr. JAMIESON: A bill (H. R. 23668) grantin~ an in Steel Company, of South Bethlehem, Pa., in favor of Senate crease of pension to William C. Miller-to the Committee on bill 5578 and House bill 15441, known as the eight-hour law Invalid Pensions. to the Committee on Labor. By Mr. McCALL: A bill (H. R. 23669) granting a pension By Mr. BARTLETT of Georgia : Petition of Anchor Council, to John Good-to the Committee on Invalid Pensions. No. 145, Royal Arcanum, of Macon, Ga., for House bill 17543- By Mr. MA.DISON: A bill (H. R. 23670) grai:ting an increa~e to the Committee on the Post-Office and Post-Roads. of pension to John G. Parker-to the Committee on Invalid By Mr. BARTHOLDT: Petition of 100 citizens of St. Louis, Pensions. Mo., favoring an eight-hour law on government works (H. R. By Mr. MILLER of Kansas: A bill (H. R. 23671) granting an 15441)-to the Committee on Labor. increase of pension to Daniel L. Ingraham-to the Committee By Mr. BENNET of New York: Paper to accompany bill for on Invalid Pensions. relief of George M. Brennan-to the Committee on Invalid Pen Also a bill (H. R. 23672) granting an increase of pension to sions. Emery' Hughes-to the Committee on Invalid Pensions. Also, petitions of Samaritan Council, No. 1359; Harlem Coun By l\Ir. MORGAN of Missouri: A bill (H. R. 23673) granting cil, No. 624; and Audubon Council, No. 1611, Royal Arcanum, an increase of pension to John J. Boles-to the Committee on all in the State of New York, favoring House bill 17543-to the Invalid Pensions. Committee on the Post-Office and Post-Roads. By Mr. NYE: A bill (H. R. 23674) granting a pension to By Mr. BURKE of South Dakota: Petition of Phil Kearney William C. Winslow-to the Committee on Pensions. Post, No. 7, Department of South Dakota, Grand Army of the Also, a bill (H. R. 23675) granting a pension to Nora C. Republic, of Yankton, S. Dak., against the Lee statue-to the Reid-to the Committee on Invalid Pensions. Committee on the Library. By Mr. OLMSTED: A bill (H. R. 23676)" granting a pension By Mr. BURLEIGH: Petition of Cascade Grange, No. 92, to Isaac E. Walker-to the Committee on Invalid Pensions. Patrons of Husbandry, Oakland, Me., for a national health bu Also, a bill (H. R. 23677) gran,ting a pension to Martha J. reau-to the Committee on Expenditures in the Interior Depart Miller-to the Committee on Invalid Pensions. ment. By Mr. ,A. MITCHELL PALMER: A bill (H. R. 23678) By Mr. CALDER: Paper to accompany bill for relief of Alex granting an increase of pension to Thompson Decker-to the ander H. Britton-to the Committee on Invalid Pensions. Committee on Invalid Pensions. By Mr. CARY: Communication from Van Wert County Hu By Mr. PRATT: A bill (H. R. 23679) granting an increase of mane Society, Van Wert, Ohio, and from State Humane Asso pension tQ William S. Withers-to the Committee on Invalid ciation of California, protesting against House bill 22231 and Pensions. Senate bill 2799-to the Committee on the District of Columbia. By Mr. PRINCE: A bill (H. R. 23680) granting an increase By Mr. CLARK of Florida: Petition of Everglade Chapter, of pension to David M. Holsted-to the Committee on Invalid of Miami; Fla., !or retention of the Division of Information of Pensions. the Bureau of Immigration and Naturalllation in the Depart By lllr. RODENBERG: A bill (H. R. 23681) granting an in ment of Commerce and Labor-to the Committee on Immigra crease of pension to Clark K. Denny-to the Committee on In tion and Natmaliza.tion. yalid Pensions. By Mr. COOPER of Wisconsin: Petition of German Grange, Also, a bill (H. R. 23682) granting a pension to Charles Mc- No. 785, and Curfew Grange, No. 1052, Patrons of Husbandry, Auliffe-to the Committee on Pensions. · for Senate bill 5842, governing traffic in oleomargarine-to the By Mr. SHEFFIELD: A bill (H. R. 23683) granting an in Committee on Interstate and Foreign Commerce. crease of pension to William H. Case--to the Committee on By Mr. DICKINSON: Paper to accompany bill for relief of Invalid Pensions. Anna Rogers-to the Committee on Invalid Pensions. By Mr. SLEMP: A bill (H. R. 23684) granting an increase of By Mr. ESCH: Petition of citizens of Wisconsin, against any pension to Charles H. Bliss-to the Committee on Invalid Pen change in the oleomargarine law-to the Committee on Agricul sions. ture. By Mr. SMITH of California: A bill (H. R. 23685) granting By Mr. FLOYD of Arkansas: Paper to accompany bill for re an increase of pension to Cyrus B. Adams-to the Committee lief of Mary E. J. Fallin-to the Committee on Invalid Pensions. on Im·alid Pensions. By l\Ir. FOELKER: Petition of Winchester Post, No. 197, De By Mr. SMITH of Michigan: A bill (H. R. 23G86) granting partment of New York, Grand Army of the Republic, favoring an increase of pension to Chancy Lewis-to the Committee on Senate bill 4187 and House bill 18899, relative to volunteer Invalid Pensions. officers' retired list-to the Committee on Military Affairs. · By l\1r. SPERRY: A bill (H. R. 23687) granting an increase By Mr. FULLER: Petition of striking employees of the Beth of pension to Frederick S. Way-to the Committee on Invalid lehem Steel Company, of South Bethlehem, Pa., favoring tbe Pensions. passage of House bill 15441, for an eight-hour law, etc.-to the By Mr. THISTLEWOOD ~ A bill (H. R. 23688) granting an Committee on Labor. increase of pension to John L. Baird-to the Committee on Also, petition of Grand Army Post, No. 868, of Streator, ill, Invalid Pensions. favoring the passage of the proposed dollar-a-day pension to 3878 CONGRESSIONAL RECORD-SENATE. MARCH 29, honorably discharged soldiers of the civil war, etc.-to the com bill 17543, pertaining to the transmission through the mails of mittee on Invalid Pensions. fraternal publications-to the Committee on the Post-Office and By Mr. HAYES: Paper to accompany House bill 19745, Post-Roads. granting an increase of pension to John J. Carroll-to the Com Also, petitions signed by numerous citizens and business men mittee on Invalid Pensions. of Fort Morgan, Sterling, Brush, Greeley, New Windsor, Fort By l\fr. HELM: Paper to accompany bill for relief of estate Collins, Longmont, Boulder, Louisville, 'Lafayette, Littleton, of Harrison Swango-to the Committee on War Claims. Golden, Arvada, Berthoud, and Loveland, all of the First Con By Mr. HOLLINGSWORTH: Petition of C. 0. Probst, secre gressional District of the State of Colorado, protesting against tary of state board of health of Ohio, for a national bureau the passage of any Jaw by Congress having for its object the of health-to the Committee on Expenditures in the Interior enactment of legislation providing for the establishment of the Department. parcels post-to the Committee on the Post-Office and Post Also, petition of striking employees of the Bethlehem Steel Roads. Works, favoring an eight-hour workday on all work done for the By Mr. SHEFFIELD : Paper to accompany bill for relief of Government by contract or subcontract-to the Committee on John S. Roberts-to the Committee on Invalid Pensions. Labor. By Mr. SPARKMAl~: Petition of Lake Bird Local, Farmers' By Mr. GARRETT: Paper to accompany bill for relief of Union, Taylor County, Fla., favoring the Scott antigambling Mrs. L. M. Hill-to the Committee on Pensions. bill (H. R. 7521)-to the Committee on Agriculture. Also, petition of Memphis (Tenn.) Builders' Exchange, for By Mr. SULZER: Petition of California Women's Heney repeal of the oleomargarine-tax law-to the Committee on Agri Club, against use of the Hetch Hetchy Valley, California, as a culture. water reservoir for San Francisco-to the Committee on the By Mr. GRAHAM of Illinois: Petition of United Spanish War Public Lands. Veterans, favoring pension for John R. Kissinger, late of the Also, petition of Tenth Assembly District Republican Club Hospital Corps of the Seventh United ~tates Cavalry-to the of Kings County, asking for eight-hour law on government Committee on Pensions. work-to the Committee on Labor. By Mr. GRAHAM of Pennsylvania: Petition of Philadelphia Also, petition of Elkhart Association of ex-Volunteer Officers Chamber of Commerce, favoring the holding of preparation of of the Civil War, for Senate bill 4183 and House bill 18899, fa Pilot Charts in the Navy Department-to the Committee on voring volunteer officers' retired list-to the Committee on Appropriations. . · Military Affairs. Also, petition of Aspinwall Council, No. 1744, and Twin City Also, petition of the striking employees of the Bethlehem Council, No. 456, Royal Arcanum, favoring House bill 17543-· Steel Company, favoring Gardner eight-hour bill (H. R. to the Committee on the Post-Office and Post-Roads. 15441)-to the Committee on Labor. Also, petition of Philadelphia Chamber of Commeree, protest ing against Senate bill 5106, subjecting water transportation to · jurisdiction of Interstate Commerce Commission-to the Com SENATE. mittee on Interstate and Foreign Commerce. TUESDAY, March ~9, 1910. By Mr. LANGHAM: Petition of striking employees of the Bethlehem Steel Company, favoring the passage of bill for The Chaplain, Rev. Ulysses G. B. Pierce, D. D., offered the eight-hour day on government work (H. R. 15441) and asking following prayer : . that no government contracts be given to said company until the Our heavenly Father, God of all comfort and consolation, in present difficulties are settled-to the Committee on Labor. our deep and sudden sorrow we turn to Thee, whose compas By Mr. O'CONNELL: Petition of striking employees of the sions fail not. Thanks be to Thee, our Father, that amid all Bethlehem Steel Company, against any award to said company life's changes Thou art ever the same and Thy love knows no by the Government until strike difficulties are adjusted-to the end. Of death as of life Thou are Lord, seeing that Thou art Committee on Labor. not God of the dead, but of the living. We rejoice in the as Also, petition of Winthrop Council, No. 538, and Boston Coun surance that neither life, with its sad surprises, nor death, cil, No. 4, Royal Arcanum, State of Massachusetts, favoring with its lingering sorrows, can separate us from Thee. We House bill 17543-to the Committee on the Post-Office and Post know, indeed, that neither height nor depth shall separate us Roads. · from Thee. For if we ascend into heaven, Thou art there; and Also, petition of National Organization of Blue Jackets' if we make our bed in the grave, Thou are there. Friends, asking better conditions for the enlisted men in the Help of the sorrowful, Comforter of them that mourn; be with navy-to the Committee on Naval Affairs. those, we pray Thee, whose is the greatest share in the sorrow By Mr. OLCOTT: Petition of New York Board of Trade and we feel. Comfort them by the sympathy of friends, and much Transportation, against the Moon bill (H. R. 21334) relative to more by Thy heavenly grace. Consecrate to us this experience, injunctions-to the Committee on the Judiciary. and grant that what is dark and mysterious in it may lead us By Mr. A. MITCHELL PALMER: Petition of Hudsondale to Thee, with whom -is the path of life, and in whose light we Grange, No. 1032, Patrons of Husbandry, of Weatherly, Pa., shall see light. favoring the Pemose bill for regulation of traffic in oleomarga And unto Thee, our Father, from whom the darkness of death rine-to the Committee on Agriculture. hideth not, but with whom the night shineth as the day, be Also, petition of Lehigh Council, No. 356, Royal Arcanum, glory now and forever more. Amen. for House bill 17543-to the Committee on the Post-Office and THE JOURN AL. Post-Roads. · The Journal of yesterday's proceedings was read by the Sec Also, petition of Lehigh and Delaware Valley associations, retary. Royal Arcanum, and Star Council, No. 155, Royal Arcanum, for Mr. HEYBURN. Mr. President, I think there should be a cor House bill 17543-to the Committee on the Post-Office and rection made. In the order to print Senate bill 6737, with the Post-Roads. amendments, there was an exception as to the amendments that Also, petition of Trinity Council, No. 313, Knights of Colum were to be printed. I requested that the amendment I have bus, for House bill 17543-to the Committee on the Post-Office offered, and which is under consideration, be excepted from the and Post-Roads. order to print the amendments opposite the sections, inasmuch By Mr. PARKER: Petition of Corinthian Council, No. 644, as it is an amendment to the entire bill, and it should be at the Royal Arcanum, for House bill 17543-to the Committee on end as an amendment to the entire bill. the Post-Office and Post-Roads. The VICE-PRESIDENT. It was so understood. The bill By Mr. ROBINSON: Paper to accompany bill for relief of will be printed in the manner suggested by the Senator from David Hubert-to the Committee on Pensions. Idaho, and the Journal will stand approved, if there be no ob~ Also, papers to accompany House bill 23361, a bill to author jection. The Chair hears no objection. ize the sale of certain property in the city of Hot Springs, Ark., to Hot Springs Lodge, No. 62, Ancient Free and Accepted Ma USELESS PAPERS IN THE TREASURY DEPARTMENT. sons, in restitution for the dispossession of its holdings on the The VICE-PRESIDENT. The Chair lays before the Senate - . permanent Hot Springs Reservation by the United States Hot a communication from the Secretary of the Treasury, trans Springs Commission-to the Committee on Public. Buildings and mitting schedules of papers, documents, and so forth, on the files Grounds. of the department which are not, needed in the transaction of · Also, paper to accompany bill for relief of H. C. Chase-to the the public business and have no permanent value or historical Committee on the Post-Office and Post-Road~. interest. By Mr. RUCKER of Colorado: Petition and memorial signed The communication and accompanying paper will be referred by the president and secretary of Denver Council No. 593, Royal to the Joint Select Committee on the Disposition of Useless Arcanum, of Denver, Colo., praying for the passage of House Papers in the Executive Departments. ·