1908. CONGRESSIONAL l{ECORD-SE~ATE .. 629

Also, petition of W. N. Haywood, for the Littlefield bill-to SENATE. the Committee on Interstate and Foreign Commerce. By 1\Ir. HINSHA.W: Petition of Grand Island Council, No. 1\foNDAY, January 13, 1908. 13-!, United Commercial Travelers, of Nebra_ska, against a parcels-post law-to the Committee on the Post-Office and Post­ Prayer by the Chaplain, Rev. Enw ARD E. HALE. Roads. The Secretary proceeded to read the Journal of the proceed­ .Also, paper to accompany bill for relief of Henry H. Martin­ ings of Thursday last, when, on request of Mr. KEAN, and by to the Committee on Inyalid Pensions. unanimous consent, the further reading was dispensed with. By Mr. HARDWICK: Memorial of mayor and council of The VICE-PRESIDENT. The Journal stands appro\ed. Brunswick, Ga., for survey of Atlantic and Great Western SENATOR FROM ALABAMA. Canal-to the Committee on Rivers and Harbors. Mr. JOHNSTON. Mr. President, my colleague, Mr. Bank­ By Mr. HOWELL of New Jersey: Petition of Capt. J. W. head, whose credentials have been heretofore presented, is pres­ Conover Post, Grand Army of the Republic, of .Freehold, N. J., ent, and I ask that the oath be administered to him. for the Lafean pension bill-to the Committee on Invalid Pen­ The VICE-PRESIDENT. The Senator-elect from the State sions. of .Alabama will present himself at the' Vice-President's desk By Mr. HUMPHREY of Washington: Paper to accompany and take the oath prescribed by law. 1 bill for relief of the estate of Harris Barnes-to the Committee Mr. Bankhead was escorted to the Vice-President's desk tiy on 1Yar Claims. l\.Ir. JoHNSTON, and the oath prescribed by law having been ad­ By Mr. JAMES: Petition of citizens of Murray and Calloway ministered to him, he took his seat in the Senate. counties, Ky., for legislation making all liquors shipped into any State subject to operation of the State law-to the Committee TRADE CONDITIONS IN COLOMBIA. on Interstate and Foreign Commerce. · The VICE-PRESIDENT laid before the Senate a communica­ By Mr. LEE: Papers to accompany bills for relief of Noah tion from the Secretary of Commerce and Labor, transmitting, Hugate and John W. Gillian-=-to the Committee on War Claims. pursuant to law, the report of Special Agent Charles M. Pepper Also, paper to accompany bill for relief of John Laugh­ on trade conditions in Colombia, which, with the accompanying miller-to the Committee on Invalid Pensions. paper, was referred to the Committee on Commerce and ordered .Also, papers to accompany bills for relief of Damascus Bap­ to be printed. · tist Church and Calhoun Baptist Church, of -to the IMMIGRATION STATIONS. AT BOSTON AND PHILADELPHIA, Committee on War Claims. T:b.e VICE-PRESIDEJ'o.'T laid before the Senate a communi­ By Mr. LEVER: Paper to accompany bill for relief of Carrie cation from the Secretary of Commerce and Labor, transmit­ C. Nunn-to the Committee on Invalid Pensions. ting, ip. response to a resolution of the 7th instant, certain in­ By Mr. MACON: Paper to accompany bill for relief of Frank formation relative to the cost of construction of new immigrant H. Wells-to the Committee on Invalid Pensions. stations and suitable buildings therewith at the ports of Boston By Mr. OVERSTREET: Petition of deaf soldiers of the dif­ and Philadelphia, which was referred to the Committee on ferent companies and regiments, for a pension of $50 per month Appropriations and ordered to be printed. for soldiers totally deaf-to the Committee on Invalid Pensions. CHESAPEAKE AND POTOMAC TELEPHONE COMPANY. Also, petitions of Woman's Home Missionary Society; Fletcher Place Methodist Episcopal Church, of Indianapolis, The VICE-PRESIDENT laid before the Senate the annual and Womanrs Home Missionary Society of Roberts Park report of the Chesapeake and Potomac Telephone Company, of Church, for the Littlefield bill (H. R. 13655)-to the Committee the District of Columbia, for the fiscal year ended December 31, on Interstate and Foreign Commerce. 1907, which was referred to the Committee on the District of By Mr. RAUCH: Petition of Local No.7, Commercial Teleg­ Columbia and ordered to be printed. raphers' Union of America, for Congressional investigation of GEORGETOWN BARGE, DOCK, AND ELEVATOR RAILWAY COMPANY, the methods of telegraph companies in the -to The VICE-PESIDENT laid before the Senate the annual re­ the Committee on Interstate and Foreign Commerce. port of the Georgetown Barge, Dock, and Elevator Railway By Mr. REYNOLDS: Paper to accompany bill for relief of Company for the fiscal year ended Decemeber 31, 1907, which Blair W. Peck-to the Committee on Pensions. was referred to the Committee on the District of Columbia and Also, papers to accompany bills for relief of Annie E. Lin­ ordered to be printed. ton and Annie S. Jones-to the Committee on Invalid Pensions. FRENCH SPOLIATION CLAIM, By Mr. RIORDAN: Petition of Grand Army of the He­ The VICE-PRESIDENT laid before the Senate a communica­ public Post No. 67, of Erie, Pa., for increase of pay of officers tion from the assistant clerk of the Court of Claims, trans­ and men of Army and Navy-to the Committee on Military mitting the findings of fact and the conclusions of law filed Affairs. under the act of January 20, 1885, in the French spoliation By Mr. ROBINSON: Paper to accompany bill for relief of claims set out in the annexed findings by the court relating to Katie B. Whitmore, heir of Charles W. Belknap-to the Com­ the vessel schooner Fortune, William Hubbard, master, ·which. mittee on War Claims. with the accompanying paper, was referred to the Committee By Mr. SHACKLEFORD: Petition of merchants' associa­ on Claims and ordered to be printed. tions of different Missouri cities, against parcels-post law-to the Committee on the Post-Office and Post-Roads. FINDINGS OF THE COURT OF CLAIMS. Also, petition of California Saengerbund, against H. R. 0086, The VICE-PRESIDENT laid before the Senate communica­ to prohibit manufacture and sale· of liquor in the District of tions .from the assistant clerk of the Court of Claims, trans­ Columbia-to the Committee on the District of Columbia. mitting certified copies of the findings of fact filed by the court By Mr. SHERMAN: Paper to accompany bill for relief of in the following causes: James H. Berry-to the Committee on Military Affairs. In the cause of the trustees of the Christian Church of Har­ By Mr. SMITH of Arizona : Paper to accompany bill for risonville, 1\fo., v. United States; relief of Nestor Jarmillo-to the Committee on Military Af­ In the cause of the trustees of the Cumberland Presbyterian. fairs. Church of Waverly, Tenn., v. United States; and AJ so, papers to accompany bills for relief of Cornelia H. In the cause of the Christian Church of Atlanta, Ga., v, United Keyes, Bert 0. Brown, George W. Karter, John LoYe, Elbert W. States. McLaughlin, and Alice I. Simpson-to the Committee on Invalid The foregoing findings were, with the accompanying papers, Pensions. . referred to the Committee on Claims and ordered to be printed. By Mr. STERLING: Papers to accompany bills for relief of MESSAGE FROM THE HOUSE. Henry Lucas and James H. Arrowsmith-to the Committee on A message from the House. of Rep-resentatives by 1\Ir. W. J. lnYalid Pensions. BROWNING, its Chief Clerk, announceU. that the House had By eMr. TIRRELL: Paper to accompany bill for relief of passed the joint resolution (S. R. 14) extending the time al­ Charles Joy-to the Committee on Invalid Pensions. lowed the organized militia of the several States and Terri­ Also, paper to accompany bill for relief of Martin V. B. tories and the District of Columbia to conform to the provisions Da Yis-to the Committee on Invalid Pensions. of section 3 of the act approved January 21, 1903. By 1\I.r. WALLACE: Petition of Mound Prairie Presbytery of The message also announced that the House had passed the Presbyterian Church, of Foreman, Ark., against the National joint resolution (S. R. 1) amending an act relative to the public Goyernment permitting retail liquor dealers in dry territory to printing and binding, approved March 1, 1907, with an amend­ pay special tax-to the Committee on Interstate and Foreign ment, in which it requested the concurrence of the Senate. Commerce. The message· further announced that the House had passed 630 CONGRESSIONAL RECORD-SEN·ATE. J.A.NU ARY .1 3,

the following bills, in which it requested the concurrenc~ of the He also presented a resolution adopted by the North Wash­ Senate: . ington Citizens' Association, of Washington, D. C., favoring the H. R . 3923. An act to fix the limitation applicable in cer- action of the board of education in its dismissal of Doctor tain cases; . Chancellor as superintendent of the public schools in the Dis­ H . R. 4777. An act restricting in certain_ cases the right of trict of Columbia, which was referred to the Committee on the appeal to the Supreme Court in habeas corpus proceedings; District of Columbia. . H. R. 4891 . .An act to authorize the city of Burlington, Iowa, He also presented a petition of the Takoma Park Citizens' to construct a bridge across the Mississippi River ; Association, of the District of Columbia, praying for the enact­ 1I. R. 6231 . .An act to attach Shelby County, in the State of ment of legislation providing for the regulation and control of Texas, to the Beaumont division of the eastern judicial district street railway companies by the Commissioners of the District of said State and to detach it from the Tyler division of said of Columbia,. which was referred to the Committee on the Dis­ district; trict of Columbia. H. R. 7618. An act to authorize the Benton Water Company, He also presented a petition of the Maritime Association of its successors or assigns, to construct a dam across tJ:!.e Snake the Port of New York, of New York City, N. Y., praying for the River in the State of Washington; enactment of legislation to promote the efficiency of the Life­ H . R. 90 7. .An act to amend an act entitled ".An act to au­ Saving Service of the United States, which was referred to the thorize 'Vashington and Westmoreland counties, in the State Committee on Commerce. of Pennsylvania, to construct and maintain a bridge across the He also presented a petition of the Chamber of Commerce of :Monongahela River, in the State of Pennsylvania," approved Pittsburg, Pa., praying for the enactment of legislation to re­ February 21, 1903 ; • establish the ,American merchant marine, which was referred H. R. 9121. Ail act to authorize a bridge across the Missouri to the Committee on Commerce. River, at or near Council Bluffs, Iowa ; and 1\Ir. PLATT presented a petition of the Maritime Association H . R. 10519. .An act to authorize the Nashville and North­ of the Port of New York, praying for the enactment of legisla­ eastern Railroad Company to construct a bridge across Cumber­ tion for the establishment of a light and fog signal in New land River at or near Celina, Tenn. York Bay at the southeasterly end of Governors Island, ENROLLED JOINT RESOLUTION SIGNED. which was referred to the Committee on Commerce. · The message also announced that the .Speaker of the House Mr. HANSBROUGH presented a petition of sundry citizens had·signed the enrolled joint resolution (H. J. Res. 80) author­ of Oliver County, N. Dak., praying for the passage of the so­ ·izing. the Secretary of War to receive for instruction ·at the called " parcels-post bill," which was referred to the Committee Military Academy at West Point, Mr. Hernan Ulloa, of Costa on Post-Offices and Post-Roads. Rica, and it was thereupon signed by the Vice-President. Mr. WARNER presented a memorial of sundry citizens of Carthage; Mo., remonsh'ating against the passage of the so­ PETITIONS .AND MEMORIALS. called " parcels-post bill," which was referred to the Committee The VICE-PRESIDENT presented a petition of the mayor on Post-Offices and Post-Roads. and council of the city of Brunswick, Ga., praying that an ap­ He also presented a petitlon of the Navigation Conference of propi'iation be made for a survey of a route for the Atlantic New York City, N. Y., praying that an appropriation be made and Great Weste'rn Canal, which was referred to the Committee for the improvement of the national harbor of refuge at Point on Commerce. Judith, Rhode Island, which was refen'ed to the Committee He also presented a petition of the National Woman's Chris­ on Commerce. tian 'I'emperance Union, praying for the enactment of legisla­ Mr. GAMBLE presented a petition of the Sioux Indians tion to provide for an increase of pay in the Army, Navy, Ma­ residing on the Pine Ridge Indian Reservation, S. Dak., pray­ rine Corps, and Revenue-Cutter Service, which was referred to ing for the enactment of legislation allowing them to prosecute the Committee on Naval Affairs. their claims for pay for horses stolen by thieves, and also for He also presented a petition of the American Association for horses taken by the military authorities as a military precau­ the Advancement of Science, praying for the enactment of leg­ tion, etc., which was referred to the Committee on Indian islation to prohibit the unnecessary waste of the mineral re­ Affairs. . sources of the country, which was referred to the Committee on Mr. BOURNE presented the petition of" Albert G. Rockfellow, Mines and Mining. of A~hland, Oreg., praying for the enactment of legislation to l,Ie also presented a petition of the American Association for increase and equalize the pensions of the veterans of the Indian the Advancement of Science, praying for the enactment of legis­ wars of 1855 and 1856, which was referred to .the Committee lation providing for a biological survey of the Panama Canal on Pensions. Zone, which was referred to the Committee on Interoceanic Mr. LATIMER presented a petition of sundry members of the Canals. Baptist Church of Orangeburg, S. C., praying for the enactment He also presented a petition of the American Association for of legislation to regulate the interstate transportation of in­ the Advancement of Science, praying for the enactment of legis- toxicating liquors, which was referred to the Committee on the ·lation providing for the establishment of the Southetn Appa­ Judiciary. lachian and ·white Mountain Forest Reserve, which was referred 1\Ir. BEVERIDGE presented petitions of sundry citizens of to the Committee on II'orest Reservations and the Protection of Shoals, of the Woman's Home Missionary Society of the Game. li.,letcher Place Methodist Episcopal Church, of Indianapolis, and He also presented a petition of sundry colored women of the of the Woman's Home Missionary Society of the Roberts Park United States, praying that an investigation be made iiftO the Church, of Indianapolis, all in the State of Indiana, praying for causes and extent of lynchings in the United States, and also the enactment of legislation to regulate the interstate trans­ for the enactment of legislation to secure a trial by jury of per­ portation of intoxicating liquors, which were referred to the sons ·accused of such crime, which was referred to the Com­ Committee on the Judiciary. mittee on the Judiciary. He also presented a petition for . the pension examining ·1\lr. E'RYE presented a petition of sundry citizens of Lewis­ board, of Grant County, Ind., praying for the enactment of ton, Me., and a petition of sundry citizens of Auburn, 1\Ie., pray­ legislation to increase the pay of members of pension examin­ ing for the enactment of legislation to cre..'lte a volunteer retired ing boards, which was referred to the Committee on Pensions. 'list in the 'Var arid Na-vy Departments for the surviving officers He also presented a petition of sundry ex-soldiers of the civil of the civil war, which were referred to the Committee on Mili­ war of Frankfort, 'Ind., praying for the passage of the so-called tary Affairs. "Lafean pension bill," which was .referred to the Committee on Mr. GALLTNGER presented the petition of Mrs. Isadore F. PPnsions. Reed, of Franklin, N. H., praying for the passage of the so­ He also presented a petition of Local Union No. 7, Commercial called "Kittredge coyprlght bill," which was referred to the Telegraphers' Union of America, of Indianapolis, Ind., praying Committee on Pate!lts. that an investigation be made of the methods employed by the He also presented a petition of the .Monadnock Shoe Com­ telegraph companies in the transmission of messages durftlg· the pany, of Keene, N. H., praying for the enactment of legislation recent telegraphers' strike, which was referred to the Committee to regulate the interstate transportation of intoxicating on Interstate Commerce. · liquors, which was referred to the Committee on the Judiciary. He also presented a petition of sundry business men of Ha­ He also presented the memorial of 1\Iiss Cynthia Varney, of gerstown, Ind., praying for the enactment of legislation to pro­ Gilmanton, N. H., remonstrating against the ado11tion of cer­ tect bank depositors, which was referred to the Committee on tai,n amendments to the pre ent copyright law relating to mu­ Finance. sical compositions, which -was referred to the Committee on 1\Ir. HALE presented a petition of the Passamaquoddy Minis­ Patents. terial Association, of Eastport, Me., praying for the enact- 1908~ -c-oNGID1.'*3ION ATI RECORD-=-8EN.ATE. '631

ment of legislation to regulate the fnteustate- transpoitatioi'li o1l 1\.lr~ BTJRKETl' presented a memorial: o:f LoeaJJ Council No. intoxicating llquars,_ whiefi was referred: to the Committee · on 134, United Cemmereiru Travelers: 6f America, of Gr3:nd Island, the Judiciary. Neb:r., and a memo-rial: of Loe3:1 Cmm.eil No. 120, United Com- 1\fr. HEMBi"l'"WAY presenfed a: memorial of Post E, 'J?ravelers~ mer.cial T]iavelers of Ame1rkm, o1l Norfolk, Nebr.r remonstrating

Protective Association1 of Lafayette~ Ind., remonstrating against! agamst th~ pa:ssag.e o! the so-called '·' pa:reels-post b-ill," whicll the passage of tile so-caNed "parcels-}!ost bill," which was re- were referred to the Committee on Post-Otlices and Post-Roads. ferred to the Committee on Post-Offices and Post-Ro:ld'S. Mr~ MARTIN presented a petiti-on or 4~4.91 citizens in the .rifr: STONE p.ireserrted a petffion of the West End Business District of Columbia, praying for the enactment of legislation 1\Ien's Asso·eiation of St Louis-, M.o., praying ·for- the enactment j to authfrrize a cross-town street car line in north. and east of legislation to secure: the construetion of a comprehensive · Washington. which was refe-rred to· the. Committee on the Dis- system of inland waterways in t~e United States, whieh was . trict of Co-lumhia~ · ref~rred to the Committee on COmm.erce. 1 1\I~. BROWN presented a memorial &f the Grain_ Exchange He also presented a petition of Local lJrrion No-. 225, Western o~ ~maha , ~~r.., reJru).nstrating against the enactment of legis­ Federation of 1\Iiners, of Flat River, 1\Io., prayfug for the enact- lation _PTO':-ding, for the inspection of grain_ under Fed-eral ment of legislation providing for the remo-Yal of Federal troops control, which was referred to the Committee on Agriculture from Goldfield, Nev., which was referred to the Committee orr and Foresby~ the Judiciary. · He also presented a petition of the Navigation Conference of He alse presented: a petition of the Commercial Club of Jop- . New Yo:k City, N. Y., p:raying that an appropriati~n be made lin,. 1\lo-, praying· for the enactment of· legisla:tio·n providing for ~he 1mpro:vement. of ~ national harbor of refuge at Point Fedei'::tl aid in tne teaching of m-echanical arts,. a:gricaltuue,, and. Judith, Rhode Island, wmch wa:s referred to tll:e Committee an home economies in high schools which \Yas referred. to the Com~ , Commerce~ mittee on Education and. LaboF: He alro presented a petition of. Hoskinson Camp, Nor 31, He- also presented! a memorial of the St. Louis Hotel 1\fen's United Spanish ~ar- . Vetera~s, of Erie, Pa." pra:ying f0r the Association of St. Louis, 1\Io., rcmo:nstrating against the enaet- enaetment of_ ~egJ:slatlan . to- lllCrease and equali:e the pay af ment of legislation to prohibit the sale of into.:dcating liquors officers and enlisted J?eD! of ~e Army~ Navy,, 1\Iarme Corps,. and in the District of Columbia, which was referred to the Com- Rever:~Cutter ~rnce, wlhch was referred to the Committee mittee on the District of Columbia:. on. Military .AJ'fai1rs. He also presented a petition 0f the Southwestern J!rfissom·i He also presented a ~tition of the Farmers' lnstitute gf Medical Association, of' Springfield, 1\Io., praying for the enact- B~ok;~ Bow., Nebr., pra~mg for the e~actment o~ legislation ment of legi:alatfon to establish m new Executive Department to pro_VIdmg for the establishment of agricultural h1gh schools, be known as the "Department of Public Health"' which was: whreh was refer.Led to the Committee on Agriculture and referred to the Committee on Public Health and Nati'6llal Quar- . Forestry~ antine. He also. p-t:esented a memorial o.t Loca1 Co.uncil No... 134, He also presented memoTiais of sundry citizens ef Sedalia,. United Commercial . Travelers of Am~rica, of Gran.d ISla:nd, Jefferson City, Joplin,. Springfield, and St. Josepll~ all in the Nebr:, and. a me~onai of ~car Cou,_ncll No. ~20r Umted Co~­ State of llissouri,. remtlnstrating against the passag,e of the so- ~:rc 1:_1 _Tmvele.rs of ~rlca, of. N.o:rfo-lk, "Nebr., rem-onst:a~: called·~ parcels-post hill," which we1'e: referred to the Committee m,. agams.t the p~ssal!>e of the so-c:aned parcels-post b~ on Post-Offices and Post-Roads. which were referred to the Committee on Post-Offices- and He also presented memorials -of the Board of Trade af St. Post-Roads. . Joseph, Of Local Union No. 5146, American Society of Equity,. INTERSTATE_ RAILWAY RATES~ of Mareeliue,. and of the Board of: Trade of Kansas City,_ all T Mr. BROWN pre;sented a lettel' from the- seereta:ry of the in the State of Missouri', remonstrating against the enactment Nebraska State, railway commission., which was referred to o.t legislation te- prql,libit boards o:f trade from b.uying and. sell- th~ Ca.D?-mtttee on. Interstate: Commerce· and ord-ered to be ing grain for future delivery, which were referred to th~ Com- . J.H!mted m the: REco:IID, as-follows: mittee on AgricultuFe- and Forestry. NEBRASKA STATE RAILWAY Co~ JIIH~:siON, He also _presented a petition at Lieut. 'I'.- D. Neal Post, No. Han. Nonrus- BROWN', Lin,co.ln, Jan.tt.ar.y 9, 190&. 124, Department of 1\lissom·i, Grand Army of the Republi-c, Uniteci Btg;tes Senate, Wa.shington, D. o. of Bethany, Mo.,. praying for the paBsage of the so-called ' ~ La- DEAR Sm : I mn reques-ted by the- commission to can to your a.tten- fean ·pension bill." whkh was referred to the Committee on tio~ a bill recently introduced in the Sena te by Hon. c. w. FuLTo::s, P . Umted States Senator from Oregon, which is desi.,.ned to amend the enswns. ~terst~te-commerce act· SO' that no increase in an °interstate- rate, or He alSO· presented petitions of Dr. W. S .. Allee; of Olean; of dlSc, and therefore respectfully request ~uu H e a lso preseJJ..Led an a · VIt to accompany th~ blll (S. 1728) to lJSe your influence and vote in support of its. passa"e granting an:_ increase of pension to Warner: P. Price; which was Very truly, yours, "'· referred to the Committee on Pensions. NEB'RASK:A:. STATE RAILWAY COMMISSION~ l\.Ir. DOLLIVER presented a petition, o:£ the Home, Social and CLAnK P:mmrr~s. See·retary. Literary Club of Cedar Falls, Iowa, pra-ying for the enactment ESTATE OF AARON VAN CAMP, DECEASED. of legislation to regulate the employment o:fi chil-d labor, which lli. ~rcCU:MBER. I present a paper from the Washington was referred to the-Committee on Education and Labor. Loan :md Trust Company, af Washington, D. C.,. relati've t()l the Mr. LODGE presented a petition. of the National Institute- estate of Aaron Van Camp, deceased. I move that the paper be of Arts and Letters, praying for the enactment o:f legisfution to printed as .a document. remove the duty on works of art; which was referred to. the: The· Dlk>tHm was, agr-eed to. Co.mmittee On. Finance. REPORTS OF COMMITTEES. Mr. CURTIS presente-d a memorial of the Commercial Club· 1\fr. GALLINGER. I am directed by tile Committee on the ef Ellinwood, Kans., remonstrating against the' passage of the- District of Columbia, to- whom was referred the bill {s. so-called "parcels-post bill," which was referred to the Com- 902} authori:zing certain extensions to. be rn.ade in the lines. of mittee on Pest-Offices a:ndf Post-Roads.. · the City and S'nburnarr Railway ef Wasb:ingtoJ4 the Washing- 632 CONGRESSIONAL RECORD-SENATE~ JANUABY 13,

ton Railway and Electric Company, the Anacostia and Potomac Francis River at or near the town of Madison, in said ·county and State, in accordance with the provisions of the act entitled "An act to River Railroad Company, and the Capital Traction Company, regulate tbe construction of bridges over navigable waters," approved in the District of Columbia, and for other purposes, to report March 23, 1906. · it favorably with amendments, and I submit a report thereon. SEc. 2. That the right to alter, amend, or repeal this act is hereby I desire to giYe notice that at the earliest possible opportunity expressly reserved. I shall call up this bill for consideration. The VICE-PRESIDENT. Is there ~bjection to the present The VICE-PRESIDENT. The bill will be placed on the consideration of the bill? Calendar. Mr. TELLER. I gave notice the other day that I would ob­ l\fr. GALLINGER, from the Committee on the I)istrict of ject to taking up bills on the day when they come from com­ Columbia, to whom was referred the bill (S. 29) to provide for mittees. This is a purely local bill, and one that no one could registration of all cases of tuberculosis in the District of Co­ object to, and therefore I do not desire to enforce the rule lumbia, for free examination of sputum in suspected cases, and against its consideration to-day. for preventing the spread of tuberculosis in said District, re­ There being no objection, the bill was considered as in Com- . ported it with an amendment, and submitted a report thereon. mittee of the Whole. He also, from the same committee, to whom were referred The bill was reported to the Senate without amendment, the following bills, reported them severally without amendment, ordered to a third reading, read the third time, and passed. and submitted reports thereon: PRINTING OF STATISTICAL MATTER. A bill (S. 37) to transfer jurisdiction of the Washington 1\fr. PLATT, from tlie Corilmittee on Printing, to whom was Aqueduct, the filtration plant and appurtenances to the Com­ referred the resolution submitted by Mr. PENROSE on the 7th missioners of the District of Columbia ; and instant, reported it without amendment, and it was considered A bill (S. 2295) to extend the time within which the Wash­ by unanimous consent, and agreed to, as follows: i.Iigton and Western .Maryland Railroad Company shall be re­ Resolved, That there be p1·inted 5.000 copies of the " Statistical Rec­ quired to complete the road of said company, under the provi­ ord of the Progress of the nited States, -1800--1907, and Commercial and Financial Statistics of Foreign Countries." (From Statistical sions of an act of Congress approved March 2, 18 9, as amended Abstract of the United States.) by _an act of Congress ap11roved June 28,' 1906. · · Mr. GAMBLE, from the Committee on the District of Co­ PERMITS TO RETAIL LIQUOR DEALERS. lumbia, to whom was referred the bill (S. 2028) to amend sec­ 1\fr. ALDRICH. The resolution submitted by Mr. TILLMAN, tion 605 of ·the Code of' Law for the District of Columbia, re­ December 17, 1907, which was agreed to, directe-d the Com­ · lating to corporations, reported it without amendment, and sub- mittee on Finance to consider the question of Government per­ mitted a report thereon. · mits to retail liquor dealers where local option prevails. It is Mr. CARTER, from the Committee on the ,Distrjct of Co­ the desire of the Committee on Finance that the Judiciary Com­ luPlbia, to whom were refer;t·ed the following .bills, asked to be mittee shall consider the question ; and I therefore move to discharged .from their further consider'ation, and that ·they be reconsider the vote by which the resolution was agreed to, in referred to the 'Committee on Public Buildings and Grounds, order that the subject may be considered by the Committee on which was agreed to: the Judiciary. A bill (S. 158) for the establishment of a park at the june­ The motion to reconsider was agreed to. . tion of Maryland avenue, Fifteenth street, arid H street; NE., 1\fr. ALDRICH. I move that the resolution be amended by Washington, D. C.; and · · substituting "Judiciary" for "Finance." · A bill (.S . 33) to _provide a public park on Georgetown The motion was agreed to, and the resolution as amended was Heights, in the District of Columbia. _ . agreed to, as follows : l\lr. JOHNSTON, from the Committee on the District of Co­ Resol1:ed, That tb'e Committee on the Judiciary be instructed to consider and report whether it is practicable for the National Govern­ lumbia, to whom was referred the bill (S. 1476) to authorize ment to discontinUe the issuing of permits to retail liquor dealers in the Commissioners of the District of Columbia to accept dona­ States or counties and municipalities where local option prevails pro- tions of money and land for the establishment of a branch hibiting the sale of liquors. - · library in the District of Columbia, to establish a commission ELIZABETH UNDERW: OOD. to supervise the erection of a branch library building in said :Mr. KEA...~, from the Committee to Audit and Control the District, and to pro>ide .for the suitable maintenance of said Contingent Expenses of-the Senate, to whom was referred the branch, reported ·it without amendment, and submitted a. report resolution submitted by l\fr. WHYTE on the 9th instant, re­ thereon. ported it without amendment, and it was considered by .unani­ Mr. HOPKINS, from the Committee on Commerce, to whom mous consent, and agreed to, as follows: was referred the bill ( S. 1576) for permanent consular im­ Resolved, That the Secretary of the· Senate be, and he is hereby, au­ provement and commercial enlargement, asked to be discharged thorized and directed to pay to Elizabeth Underwood, widow of Stephen nderwood, late a laborer in the engineer's department of the United from its further consideration and that it be referred to the States Senate, a sum equal to six months' salary at the rate he was Committee on Foreign Relations, which was agreed to. receiving by .law at the time of his demise, said sum to be considered l\Ir; BURKETT, from the Committee on the Di~trict of Co­ as including funeral expenses and all other allowances. lumbia., to whom was referred the bill (S. !>03) to amend sec­ BILLS INTRODUCED. tion 2, chapter 433, Thirtieth Statutes at Large, entitled "An 11ir. FRYE introduced the following bills, which were sev­ act to confirm title to lots 13 and 14 in square 059 in Washing­ erally read twice· by their titles and referred to the Committee on, D. C.," reported it with amendments and submitted a report on Pensions : thereon. A bill (S. 3496) granting an increase of pension to Patrick 1\Ir. MARTIN, from the Committee on Commerce, to whom A. Galvin; was referred the bill (H. R. 251) to amend an act entitled "An A bill ( S. 3497) granting an increase of pension to Maria L. act to authorize the city of St. Louis, a corporation organized Roberts ; and under the laws of the State of Missouri, to construct a bridge A bill ( S. 3498) granting an increase of pension to Leonard across the .Mississippi lliver," approved February 6, 1907, re­ L: Rose (with accompanying paper). ported it without amendment. Mr. CULLOM introduced a bill ( S. 34!>0) to amend an act ST. FRA "CIS RIVER BRIDGE, ARKANSAS. entitled "An act to regulate commerce," approved June 2!>, 1906, Mr. MARTIN. I am directed by the Committee on Com­ which was read twice by its title and referred to the Com­ merce, to whom was referred the bill (H. R. 194) to authorize -mittee on Interstate Commerce. the county of St. Francis, in the State of Arkansas, to construct He also introduced the following bills, which were severally a bridge across St. Francis River at or ·near the town of 1\Iad­ read twice by their titles and referred to the Committee on ison, in said county and State, to report it favorably without Pensions: A bill (S. 3500) granting an increase of pension to John amendment. · ' S. :McNair (with an accompanying .paper) ; Mr. CLARKE of Arkansas. I ask .unanimous consent for A bill (S. 3501) granting an increase of pension to Absolem the present consideration of the bill just reported by the Sen­ Newenham (with an accompanying paper); ator from . A bill ( S. 3502) granting a pension to Effa M. Rule ; Mr. TELLER. Let the bill be read. A bill ( S. 3503) granting an increase of pension to David H. · The VICE-PRESIDEXT. The bill will be read for the in­ Mead (with an accompanying paper); formation of the Senate. A bill ( S. 3504) granting an increase of pension to Henry The Secretary read the bill, as follows : Schmidt (with an accompanying· paper); and . B.

Carter, which was read .twice by its title and referred to ~e :Mr. GORE introduced the following . bills, which were sev­ Committee on Claims. · erally read twice by their titles and referred to the Committee Mr. GALLINGER introduced a bill (S. 3507) to fix fees and on Public Buildings and Grounds: . · , costs in the probate court of the District of Columbia and to A b-ill ( S. 3530) to provide for the erection of a public build­ provide for the collection and payment of the same, and for ing at Oklahoma City, Okla.; other purposes, which was read twice bv its title and referred A bill (S. 3531) to provide for the erection of a public build­ to the Committee on the District of Columbia. . ing at McAlester, Okla.; Mr. GALLINGER. I have an interesting letter from the reg­ A bill ( S. 3532) to provide for the erection of a public build- ister of wills. of the District of Columbia in support of the bill, ing at Ardmore, Okla.; • which I ask may be printed as a Senate document if there be A bill ( S. 3533) to pro"\" ide for the erection of a public build­ no objection. ing at Tulsa, Okla. ; The VICE-PRESIDENT. Is there objection? The Chair A bill ( S. 3534) to provide for the erection of a public build- hears none, and it is so ordered. The letter will be referred ing at Vinita, Okla.; . with the bill to the Committee on the District of Columbia. A bill ( S. 3535) to provide for the erection of a public build­ l\fr. GALLINGER introduced a bill (S. 3508) to provide for a ing at Chickasha, Okla.; change in the existing plans for street extensions tn a .portion of A bill ( S. 3536) to pro1ide for the erection of a public build­ the District of Columbia, which was read twice by its title and jug at Lawton, Okla.; referred to the Committee on the District of Columbia. A bill ( S. 3537) to provide for the erection of a public build- He also introduced a bill (S. 3509) for the relief of the legal ing at Muskogee, Okla.; and . representatives of George W. Soule, which was read twice by A bill ( S .. 3538) to provide for the erection of a public build­ its title and referred to the Committee on Claims. ing at Enid, Okla. He also introduced the following bills, which were severally He also introduced a bill (S. 3539) authorizing national read twice by their titles and referred to the Committee on banking associations to conform to State laws levying a tax ·Naval Affairs: ·or assessment to secure depositors, which was read twice by its A bill ( S. 3510) to create in the Navy Department a roll to title and referred to the Committee on Finance. be known as" the Navy and l\Iarine Corps civil war retired list," He also introduced a bill. ( S. 3540) ·granting an increase of to authorize placing thereon with retired pay certain. surviving pension to Christian Schwendener, which was read twice by officers of the United States Navy and the United States l\Iarine its title and referred to the Committee on Pensions. Corps of the civil war, and for other purposes; and . He also introduced a bill ( S. 3541) vesting in the city of A bill ( S. 3511) for the relief of certain retired officers of the Enid, Okla., for park, school, and other public purposes, title Navy. to block 1 of McGuire's approved plat of the southwest quarter l\1r. l\IcCUl\fBER introduced the following bills, which were of the northwest quarter of section 8, township 22 north, of severally read twice by their titles and referred to the Com­ range 6 west, of the Indian meridian, which was read twice mittee on Claims: by its title and referred to the Committee on Public Lands. A bill (S. 3512) for the relief of Capt. F. B. Shaw, United ~Ir. ELKINS introduced the following bills, which were States Army; severally read twice by their titles and referred to the Com- A bill ( S. 3513) for the relief of the heirs of Lieut. R. B. mittee on Pensions: · Calvert, deceased; A bill (S. 3542) granting an increase of pension to William A bill (S. 3514) for the relief of Capt. Evan l\1. Johnson, T. l\IcBee: ; and A bill (S. 3543) granting an increas~ of pension to Nathan A bill ( S. 3515) for the relief of Capt. W. \V. Quinton, W. Lane: United States Army. A bill ·(S. 3541) granting an increase of pension to Travilla He also introduced a bill (S. 3516) granting an increase of A. Russell; . pension to Antonette St~wart, wh_ich was read twice by its title A bill (S. 3545) granting an increase of pension to Alexander and referred to the Committee on Pensions. P. Hart; He also introduced the following bills, which were se1erally A bill (S. 3546) granting an increase of pension to George read twice by their titles and, with the accompanying papers, Blake; referred to the Committee on Pensions: A bill ( S. 3547) granting an increase of pension to Jacob A bill (S.· 3517)" granting an increase of pension to Norman Hilfinger; Lebo; · A bill (S. 3548) granting an increase of pension to C. C. A bill ( S. 3518) granting an increase of pension to Samuel Aills: · Dailey; A bill (S. 3!549) granting an increase of pension to CyruF A bill ( S. 3519) granting an increase of pension to Hugh l\1. Trough; McCurry; A bill (S. 3550) granting an increase of pension to Joseph A bill (S. 3520) granting an increase of pension to :Nelson B. Holesteine ; W. Armstrong ; · A bill (S. 3551) granting a pension to Samuel B. Swartz; A bill ( S. 3521) granting an increase of pension to Celia A. A bill ( S. 3552) granting a pension to George l\Iyers; Smith; A bill (S. 35153) granting a pension to J. H. l\ficheal; A bill (S. 3522) granting an increase of pension to Henry A bill (S. 3554) granting a pension to John W. Smith (with J. Porter; and the accompanying papers) ; A bill ( S. 3523) granting an increase of pension to Joseph A bill (S . .3G55) granting a pension to Julia A. Johnson; \Voodland. A bill ( S. 3556) granting a pension to America Lawrence; l\Ir. PLATT introduced a bill (S. 3524) providing for the A bill (S. 3557) granting a pension to Achilles McGinnis; . appointment by the Secretary of the Treasury and fixing the A bill (S. 35ti8) granting a pension to Bridget Mcintire (with compensation of deputy collectors, deputy naval officers, and an accompanying paper); deputy sur-reyors of customs, assistant appraisers and exam­ A bill (S. 3559) granting a pension to A.dam Radabough·; iners of merchandise, examiners of tea, and examiners and spe­ A bill ( S. 3560) granting a pension to Hiram S. Shahan ; cial exami.n._ers of drugs, which was read twice by its title and A bill ( S. 3561) granting an increase of pension to Michael referred to the Committee on Finance. Hinds; He also introduced a bill (S. 3525) granting an increase of A bill (S. 3562) granting an increase of pension to George pension to Joseph D. Donnellen, which was read twice by its Blake; . title and referred to the Committee on Pensions. A bill ( S. 3563) granting an increase of pension to Alexahder 1\lr. KEAN introduced a bill ( S. 3526) to amend section Thacker· 876 of the Revised Statutes, which was read twice by its title A bill' (S. 3564) granting an increase of pension to Robert and referred to the Committee on the Judiciary. Horner; · He also introduced the following bills, which were severally A bill ( S. 3565) granting a:n increase of pension to George read twice by their titles and referred to the Committee on ,V. Parsons (with the accompanying papers) ; and Claims: A bill (S. 3566) for the relief of Capt. Isaac Alt's company A bill (S. 3527) to carry into effect the findings of the Court (B), Forty-sixth Regiment West Virginia Volunteer Militia. of Claims in the matter of the claim of the estate of Clifford He also introduced the following bills, which were seYerally C. Pearson, deceased ; and read twice by their titles and referred to the Committee on A bill ( S. 3528 ). for the relief of Durham W. Stevens. Claims: He also introduced a bill ( S. 3529) granting an increase . A bill ( S. 3567) for the relief of Harmon Snyder ; . of pension to Winnifred Flynn, which was read twice by its A bill (S. 3568) for the relief of the estate of George W. title and referred to the Committee on Pensions Bromley, deceased; 634 CONGRESSIONAL RECORD-SENATE. JANUARY 13,

A bill (S. 3569) for the relief of the estate of Sarah J. Rone­ A bill (S. 3600) granting an increase of pension to David L. mous, deceased ; Jones; A bill ( S. 3570) for the relief of Joseph R. Howell; A bill ( S. 3601) granting an increase of pension to William A bill (S. 3571) for the relief of the estate of Moses W. Burr, S. Marriott; · deceased; A bill ( S. 3602) granting an increase of pension to Henry A bill ( S. 3572) for the relief of Henry Snider; Fightmaster ; A bill (S. 3573) for the relief of the estate of Jacob J. Fore­ A bill (S. 3603) granting an increase of pension to George man, deceased; Paul; A bill (S."3574) fdr the relief of Mrs. C. A. Grose; A bill (S. 3604) granting a pension to Nancy Jane Frazee; A bill ( S. 3575) for the relief of Alexander P. Hart, heir of A bill ( S. 3605) granting an increase of pension to Thomas J oseph Hart, deceased; · Williams; A bill (S. 3576) for the relief of the estate of David Black­ A bill (S. 3606) granting an increase of pension to Hugh R. man· Schoonover; A bill (S. 3577) for the relief of Justus M. Curtis; A bill ( S. 3607} granting an increase of pension to Ransom A bill (S. 3578) for the relief of the estate of Edward Naret, L. Harris; · deceased; A bill (S. 3608) granting an increase of pension to James M. A bill (S. 3579) for the relief of the heirs and estate of James McKain; Watson, deceased (with an accompanying paper); A bill (S. 3609) granting an increase of pension to George 0. A bill (S. 3580) to reimburse the estate of Samuel Caldwell, Stedman; deceased; A bill ( S. 3610), granting an increase of pension to Otis H. A bill (S. 3581) to carry into effect the findings of the Court Shurtliff; of Claims in the matter of the claim of 1\Iary E. Buckey; and A bill (S. 361~) granting an increase of pension to John P. A bill ( S. 3582) to carry into effect· the findings of the Court Martin· of Claims in the matter of the claim of the estate of James W. A bill (S. 3612) granting an increase of pension to Joseph D. Myers, deceased. Vandel; He also introduced a bill ( S. 3583) for the establishment A bill ( S. 3613) granting an increase of pension to William of a national park and forest reserre in the Appalachian Baldwin; and Mountains, and to provide for the conservation of the water A bill (S. 3614) granting an increase of pension to Robert A. that flows down the Potomac watershed, and to provide laws McNutt. for its sanitary policing, etc.; to include all parts of the States · 1\fr. TELLER introduced a bill (S. 3615) for the relief of Hip­ of West Virginia, Pennsylvania, Maryland, Virginia, and the polyte Girardot, which was read twice by its title and, with the Dish-ict of Columbia that contribute to form the complete accompanying paper referred to the Committee on Claims. watershed of the Potomac River from its head to and including 1\lr. CRANE introduced the following bills, which were sever­ the District of Columbia ; and for the primary purposes of pro­ ally read twice by their titles and referred to the Committee on viding a sufficient and pure water supply for the District of Pensions: Columbia; also to embrace the western slope of the Appa­ A bill (S. 3616) granting an increase of pension to James :Mc­ lachian Mountains to the River included in the States of Laughlin ; and · 'Vest Virginia, Pennsyl'rania, and , and embracing the A bill (S. 3617) granting an increase of pension to Enoch S. watersheds of the Monongahela, Big Kanawha, Little Kanawha, Eastman. and Big Sandy rivers and their tributaries, and to prevent over­ Ir. TILLI\_IAN introduced a bill (S. 3618) for the relief o:t :i:lows and denudation of soil; for the establishment of reser­ George 1\I. Stackhouse, which was read twice by its title and voirs, canals, lakes, ponds, and ditches, and for all other useful referred to the Committee on Naval Affairs. purposes to which water can be put when supplied in abun­ Mr. DAVIS introduced a bill (S. 3619) to p1·ohibit any per­ dance, which was read twice by its title and referred to the son or corporation, for themselves or for or in the interest of Committee on Agriculture and Forestry. any other person or corporation, directly or indirectly, from de­ He also inh·oduced the following bills, which were severally livering, receiving, or h·ansmitting, and from being interested read twice by their titles and referred to the Committee on in, or aiding in any manner, the receiving, deliv-ering, or trans­ Afilitary lUffairs: mitting by mail, telegraph, telephone, or other means whatever, A bill (S. 3584) to place upon the retired list of the Army in any State, district, country, Territory, or place over which the riames of the surviving officers who were mustered out the sovereignty of the United States of America now exists, under the provisions of the act of Congress approved July 15, any message, information, intelligence, letter, writing, card, de­ 1870; and vice, sign, symbol, cipher, or other thing whatsoever, the sub­ A bill ( S. 35 5) granting an honorable discharge to Asher ject of the senses, or any of them, whereby intelligence or in­ 111. Phillips (with an accompanying paper). formation may be conveyed or understood, relating to or in any 1\fr. DEPEW introduced a bill (S. 3586) granting an increase manner or form concerning any transaction or proposed or sug­ of pension to Menzo Wixson, which was read twice by its title gested transaction, scheme, or plan to speculate or gamble, or and referred to the Committee on Pensions. gain or lose sums of money called margins, which gains or Mr. DOLLIVER introduced the following bills, which were losses, respectively, are made to depend upon the future in­ severally read twice by their titles and referred to the Com- crease or decrease of the market price of any product of the mittee on Pensions: · soil, provided that at the time of such transaction, propo ed A bill ( S. 3587) granting a pension to Orlando Collins; transaction, scheme or plan for so speculating or gambl.ing any A. bill (S. 3588) granting an increase of pension to Thomas such product of the soil be the subject of interstate commerce, Fisher; or the subject of commerce from or by and between the J>eople A bill (S. 3589) granting an increase of pension to William of the United States of America and the people of any foreign H. Fisher; country, which was read twice by its title and referred to the · A bill (S. 3590) granting an increase of pension to David Committee on the Judiciary. Sharp; Mr. BURROWS introduced a bill (S. 3620) making an ap­ A bill (S. 3501) granting an increase of pension to Mila P. propriation for enlarging the Government building at I.~anslng, Deisz; Mich., which was read twice by its title and referred to the A bHI (S. 3592) granting an increase of pension to Amos Committee on Public Buildings and Grounds. Stewart; He also introduced the following bills, which were severally A bill (S. 3593) granting an increase of pension to William read twice by their titles and referred to the Committee on 1\I. Higby; Pensions: A bill ( S. 3594) granting an increase of· pension to Jasper N. A bill (S. 3621) granting a pension to Frederick Burdick; Milliken; and A bill ( S. 3505) granting an increase of pension to William A bill (S. 3622) granting an increase of pensio::J. to Wilson "T· H. Eaton; Brown (with accompanying papers). A bill ( S. 3596) granting an increase of pension to Charles Mr. MARTIN introduced a bill (S. 3623) to provide for ac­ Hussey; quirement by condemnation of lands at Cape Henry, Va., for A bill ( S. 3507) granting an increase of pension to Ross the purpose of fortifications and coast defense, which was read Wheatley; twice by its title and referred to the Committee on Coast A bill ( S. 35!) ) granting an increase of pension to William Defenses. J. Conrad; He also introduced the following bills, which were severally A bill ( S. 3599) granting an increase of pension to Isaac N. read twice by their titles and referred to the Coinmittee on Stotts; Naval Affairs: 1908. CONGRESSIONAL RECORD-SENATE. 635'

A bill ( S. 3624) to place the name of William S. Shacklette Commission to make rules and regulations with respect thereto, on the retired list of the Navy as pharmacist; and to further regulate commerce among the several States, A bill ( S. 3625) to appoint Holmes E. OfHey upon the retired was read twice by its title and referred to the Committee on list of the Navy with the rank of lieutenant; and Interstate Commerce. A bill ( S. 3626) providing for the promotion of Chief Boats­ Mr. CARTER introduced a bill (S. 3645) for the relief of wain Patrick Deery, United States Navy. persons who have conveyed lands to the United States under He also introduced the following bills, which were sev­ certain condition~, which was read twice by its title and re­ erally read twice by their titles and referred to the Committee ferred to the Committee on Public Lands. on Military Affairs: Mr. ANKENY introduced a bill ( S. 3646) granting an in­ A bill (S. 3627) to establish the Fredericksburg and Adjacent crease of pensions to soldiers and widows of the Indian· wars, National Battlefields Memorial Park, in the State of Virginia; under the acts of July 27, 1892, and June 27, 1902, which was and read twice by its title and referred to the Committee on Pen­ A bill ( S. 3628) to place Dr. Henry Smith on the retired list sions. of the Army. • Mr. PILES introduced a . bill (S. 3647) for the construction He also introduced a bill (S. 3629) to remove from the of a steam vessel for the Revenue-Cutter Service, for duty on estate of William J. Cussen, deceased, and from any real the Pacific coast, which was read twice by its title and referred estate aliened by him during his lifettrne, a cloud resting on to the Committee on Commerce. · the same by reason of a stale judgment of the United States of He also 'introduced a bill ( S. 3648) for the relief of the America, which was read twice by its title and referred to the estate of Joseph Brannon, deceased, which was read twice by Committee on the Judiciary. its title and referred to the Committee on Claims. He also introduced a bill (S. 3630) for the erection of a He also introduced the following bills, which were seyerally keeper's dwelling to be attached to the fog-signal station at read twice by their titles and, with the accompanying papers, the harbor of Cape Charles, Va., which was read _twice by its referred to the Committe~ on Pensions : title and referred to the Committee on Commerce. A bill ( S. 3649) granting an increase of pension to James He also introduced the following bills, which were severally N. Blakeley; read twice by their titles and referred to the Committee on the A bill (S. 3650) granting an increase of pension to Augustus Library: J. Moonert; A bill ( S. 3()31) for the erection of a monument to the mem­ A bill (S. 3651) granting an increase of pension to Jack ory of Matthew Fontaine Maury, of Virginia; and Sommer; and A bill ( S. 3632) for the erection of a memorial on the grounds A bill (S. 3652) granting an increase of pension to Charles of William and Mary College, Williamsburg, Va., in honor of Paul. Ron. Peyton Randolph, first president of the Continental Con­ l\Ir. KITTREDGE introduced a bill (S. 3653) granting an· in­ gress. crease of pension to Samuel A. Kimball, which was. read twice Mr. FRAZIER introduced the following bills, which were by its title and, with the accompanying papers, referred to the severally read twice by their titles and referred to the Com­ Committee on Pensions. mittee on the Judiciary: Mr. PERKINS introduced the following bills, which were A bill (S. 3633) to authorize the President of the United severally read twice by their titles, and referred to the Com­ States to suspend the collection of certain custom duties and mittee on Pensions : to protect the American consumer against unfair discrimination A bill (S. 3654) granting an increase of pension to John W. in prices on the part of certain unlawful combinations or trusts; Kidd; and A bill (S. 3655) granting a pension to Ellen Antoinette A bill ( S. 3634) to limit the effect of the regulation of com­ Bagley; merce between the several States and Territories in certain A bill (S. 3656) granting an increase of pension to Fannie W. cases. Reading; · Mr. BOURNE introduced the following bills, which were A bill .( S. 3657) granting an increase of pension to George severally read twice by their titles and referred to the Com­ Young; and mittee on Pensions: A bill ( S. 3658) granting an increase of pension to Franc~s A bill ( S. 3635) granting an increase of pension to Mary M. 0. Kash. . Wells (with an accompanying paper) ; He also introduced a bill (S. 3659) for the relief of 1\fartin A bill ( S. 3636) granting an increase of pension to George L. Jeffries, which was read twice by it~ title and, with the accom.: Freeman (with accompanying papers); and panying papers, referred to the Committee on Claims. A bill (S. 3637) granting a pension to Elizabeth S. Hensley. He also introduced the following bills, which were severally He also introduced a bill (S. 3638) for the relief of the read twice by their titles and referred to the Committee on heirs of Thomas J. Miller, deceased, which was read twice by Commerce : - · its ti.tle and referred to the Committee on Claims. - Mr. DIXON introduced a bill (S. 3639) to amend the home­ A bill (S. 3660) to establish a light and fog signal on the outer stead laws as to unappropriated and unreserved lands in the end of the breakwater, San Pedro, Cal.; and . State of Montana, which was read twice by its title and re­ A. bill ( S. "3661) to establish a -light and fog signal at or near ferred to the Committee on Public Lands. Punta Gorda, in the State of California. He also introduced a bill ( S. 3640) to amend . sections 9 and Mr. WARNER introduced the following bills, which were 14, chapter 149.5, Statutes of the United States of America, severally read twice by their titles and referred to the Commit­ e~titled "An act for the surTey and allotment of lands now tee on Claims : embraced within the limits of the Flathead Indian Reservation, A bill (S. 3662) for the relief of Joseph Hemmerback (with i,n the State of Montana, and the sale and disposal of all sur­ an accompanying paper); and plus lands after allotment," which was read twice by its title A bill (S. 3663) for the relief of James Brice. and referred to the Commi.ttee on Indian: Affairs. He also introduced the following bills, which were severally lie also introduced a bill (S. 3641) for the relief of 1\lalcolm read twice by their titles and referred tC> the Committee on Gillis, which was read twice by its title and, with the accom­ Pensions: panying papers, referred to the Committee on Post-Offices and A bill (S. 3664} granting a pension to William S . .Judkins; Post-Roads. A bill (S. 3665) granting a pension to Jared E. Smith (with He also introduced a bill ( S. 3642) granting an increase of the accompanying papers) ; pension to John Burkman, which was read twice by its title A bill ( S. 3666) gral!ting a pension to George B. Suttee (with and, with the accompanying paper, referred to the Committee the accompanying papers) ; on Pensions. A bill (S. 3667) granting_an increase of pension to .John A. He also introduced a bill ( S. 3643) to remoTe the charge of Pond; • desertion standing against the military record of Joseph Willett, A bill (S. 3668) gra~ting an increase of pension to John H. which was read twice by its title and, with the accompanying Estes; paper, referred to the Committee on Military Affairs. A bill (S. 3669) granting an increase of pension to William Mr. CULBERSON. I introduce a bill and ask its reference P. Sparks; to the Committee on . Interstate Commerce. It is intended to A bill (S. 3670} granting an increase of pension to Abraham take the place of Senate bill 483 introduced by me on December Walk (with an accompanyin~ paper); . 4 last. A bill (S. 3671) granting an increase of pension to Joshua The bill ( S. 3644) to require railroad companies engaged in Oldfield (with the accompanying papers) ; interstate commerce to promptly furnish cars and other trans­ A bill (S. 3672) granting an increase of pension to Samuel portation facilities, and to empower the Interstate Commerce Owings; 636 CONG~ESSIONAL RECORD-SENATE. JANUARY 13,

.A bill (S. 3673) granting an increase of pension to Nathaniel A bill (S. 3706) for the relief 'Of the heirs and estate of Hurst (with the accompanying papers); William D. Wright, deceased; A bill (S. 3674). granting a.n increase of pension to John H. A bill (S. 3707) to carry into effect the findings of the Court Ormsby (with the accompanying papers); and of Claims in the matter of the claim of the estate -of Henry M. A bill ( S. 3675) to amend section 3 of the act approved Baker, deceased; June 27, ).890, as amended by the act of 1\!ay 9, 1900. A bill (S. 3708) to carry into effect the .findings of the Oourt .Mr . . GAMBLE introduced the following bills, which were of Claims in the matter of the claim of the ~state of John H • severally read twice by th~ir titles and referred to the Com­ Baker, deceased; mittee on Pensions : A bill ( S. 3709) to carry into effect the findings of the Court A bill ( S. 3676) granting a pension to Frank N. Burdick; of Claims in the matter of the claim of the estate of Robert N. A bill ( S. 3677) granting an increase ,oi pension to Alpheus Blake, deceased; E.IGrnney; and · A bill (S. 3710) to carry into effect the findings of the Court A bill (S. 3678) granting an increase of pension to Oscar F. of Claims in the matter of the claim of Fra.ncis M. Brabham ; Miller. . A bill ( S. 3711) to carry into effect the findings of the Court l\lr. BULKELEY introduced a bill (S. 367-9) granting an in­ -of Claims in the matter of the claim of Caroline Carter; crease of pension to Harriet E. Whiton, which was read twice A bill ( S. 3712) to carry into effect the findings of the Court by its title and referred to the Committee on Pensions. of Claims in the matter of the claim of Francis F. Curtis; Mr. KNOX introdl!ced a bill (S. 3680) granting an increase A bill ( S. 3713) to carry into effect the findings of the Court of pension to Mathias Ault, which was read twice by its title of Claims in the matter of the claim of the estate of Mary Lut­ and, with the accompanying papers, ref~rred to the Committee holtz, deceased ; · on Pensions. A bill (S. 3714) to carry into effect the findings of the Court lli. HOPKINS introduced the following bills, which were of Claims in the matter of the claim of Sarah Lou Smith and severally read twice by their titles and refered to the Com­ .others; mittee on Pensions : A bill ( S. 3715) to carry into effect th~ findings of the Court A bill (S. 36 1) granting an increase of pension to James D. of Claims in the rna tter of the claim of Robert 'Vater ; Meeks; A bill ( S. 3716) to carry into effect the findings of the Court A bill (S. 3682) granting a pension to William Mathis; of Claims in the matter of the claim of the estate of Henry A bill (S. 3683) granting an increase of pension to Ira Bacon Fitzhugh, deceased; • (with an accompanying paper); A bill (S. 3717) for the relief of James and William Crooks A' bill ( S. 3684) granting an increase of pension to George (with an accompanying paper); W . .Campbell, alias George 1V. Smith; A bill (S. 3718) for the relief of the Richmond Locomotive A _bill (S. 3685) granting a _pension to Clara J. Swain; and WorkS, successor oi the Richmond Locomoti'm .and :Machine A bill ( S. 3686) granting a pension to Ira Howell. Works; and lli. LATIMER introduced a bill (S. 3687) to declare the A bill (S. 3719) for the relief of the estate of John W. Stone, Savannah River nonnavigable above the mouth of the Broad deceased (with an accompanying paper). River of Georgia, which was read twice by its title and referred l\fr. HANSBROUGH introduced a bill {S. 3720) for there­ to the Committee on Commerce. lief of the families of certain Indian policemen who were killed He also introduced a bill (S. 3688) for the relief of Joseph dnring the engagement at Sitting Bull's <:amp, on Grand River, Thompson, which was read twice by its title and referred to the December 15, 1890, -and for th~ relief of Alexander lliddle, who Committee on Claims. was wounded in said engagement, which was read twice by its 1\lr. RICFl.ARDSON introduced a bill (S. 3689) granting a title and referred to the Committee on Pensions. pension to Charles J. Smith, which was read twice by its title He also introduced a bill (S. 3721) to authorize the allotment and referred to the Committee on Pensions. of 160 a~res of L:'llld to each Indian belonging on and occupying 1\fr. McCREARY introduc~ the following bills, which were the Fort Berthold Reservation, N. Dak., now living and to severally read twice by their titles and referred to the _Com­ wh-om no allotment has been made, .and for other purposes, mittee on Claims: which was rea..d twice by its title and referred to the -Committee A bill (S. 3690) for the relief of the heirs of James H. Wood­ on Indian Affairs. hall, deceased ; He also introduced a bill (S. 3722) to amend section 3 of A bill (by request) ( S. 3691_) for . the relief of the 'heirs -of the act entitled "An act providing for second and additional Oharles l\I. Sb.·ader, .James Thompson, and oth~rs; homestead entries, and for other purposes," approved April 28, A bill ( S. 3GD2) for the relief -of the heirs of Caroline 1904, which was read twice by its title and referred to the Com­ Thompson, deceased ; and mittee on Public Lands. A bill (S. 3693) for the relief of th~ estate of William He also introduced a bill ( S. 3723) for the relief of the Claunch, deceased (with accompanying papers). Farmers .und Merchants' Bank of Mandan, N. Dale., which was He also introduced a bill ( S. 3694) granting an increase of read twice by its title and referr-ed to the Committee on Claims. pension to Zachariah T. Elkins, which was read twice by its He also introduced a bill (S. 3724) making Dunseith, N.Dak., title and, with the accompanying paper, referred to the Commit­ a subport of entry, which was read twice by its title and re­ tee on Pensions. ferred to the Committee on Oommerce. 1\lr. DANIEL introduced the following bills, which were sev· Mr. BACON introduced a bill (S. 3725) for the relief of the erally read by their titles and referred to the Committee on estate of Oornelius P. Cassin, decea ed, which was read twice Pensions: by its title and, with the accompanying paper, referred to the· A bill (by request) (S. 3695) granting an increase of pension Committee on Claims. , to Elliza.beth Whitty ; and 1\fr. CLAY introduced a bill (S. 3726) to authorize the Twin A bill (S. 3GD6) granting a pension to Ada A. Harris. City Power Company to build, operate, and maintain two dams He also introduced the following bills, which were severally across the Savannah River, above the city of Augusta, in the read twice by their titles and referred to the Committee on State of Georgia, which was read twice by its title and referred Claims: to the Committee on Commerce. A bill ( S. 3697) for the relief of Virgil A. Fitzgerald (with He also introduced the following bills, which were severally an accompanying paper); read twice by their titles and referred to the Committee on A bill (S. 369 ) for the relief of William J. Lewis (with Claims: accompanying papers) ; A bill ( S. 3727) for the relief of Mrs. V. E. Sykes (with an A bill (S. 3600) for the relief of Frederick Hughson (with accompanying paper) ; an accompanying paper); · A bill (S. 3728) for the relief of Mrs. Laum Barrett (with A bill (S. 3700) for the relief of the estate of Thomas John­ ·an accompanying paper); and ------son, deceased (with an accompanying paper) ; A bill (S. 3729) for the relief of the heirs of Aaron Wilbur, A bill (S. 3701) for the relief of David R. Mister (with deceased. accompanying papers) ; Mr. JOHNSTON introduced a bill {S. 3730) to correct the A bill ( S. 3702) for the relief of :Mrs. Sarah Miller ; military record of Robert Mauser, which was read twice by its A bill ( S. 3703) for the relief of the heirs and estate of James title and refen-ed to the Committee -on Military Affairs. L. 1\Iilier, deceased; Mr. OVERMAN introduced a bill (S. 3731) to provide for A bill ( S. 3704) for the reli~ of the heirs and estate of the purchase of a site and the erection of a public building William B. Ott, deceased; thereon at Oxford, N. C., which was read twice by its title A bill ( S. 3705) for the relief of the heirs and estate of Susan and referred to the Committee on Public Buildings and Richards, deceased; Grounds. 1908. CONGRESSIONAL RECORD-SENATE. 637

He also introduced a bill ( S. 3732) regulating injunctions Mr. BAILEY (by request) introduced the following bills, and the practice of the district and circuit courts of the United which were severally read twice by their titles and referred to States, which was read twice- by its title and referred to tp.e­ the Committee on Claims : Cornmittee on the. Judiciary. A bill (S. 3767) for the relief of John F. Byars; and l\lr. FLI~"'T introduced the following bills, which were sev­ A bill ( S. 3768) for the relief ot Mrs. Martha J. Couchman. . erall~ read twice by their titles and referred to the- Committee 1\fr. HEMENWAY introduced a bill (S. 3760) for the relief on Pensions : of the estate of John A. Heard, deceased, which was read A bill ( S. 3733) granting an increase of pension to Hattie twice by its title and referred to the Committee on Claims. L. Collins ; and He also introduced th~ f<;>llowing bills, which were seYerally A bill ( S. 3734) granting a pension to Robert El. Dillon. read twic~ by their titles and referued to the Committee on .Mr. GALLINGER introduced a bill (S. 3735) authorizing Pensions: the pm·chase of a site for a building for the accommodation of A blll ( S~ 37'ro) granting an increase of pension to George the Supreme Court of the United States, which was read twice L. Masters ; by its title and referred to the Committee on Public Buildings A bill ( S. 3771) granting an increase of pension to Louis and Grounds. P. Sicer; · l\lr. DICK introduced the :following bills, which were sev­ A bill (S. 3772) granting an increase of pension to Joseph erally read twice by their titles and referred to the Committee B. Graham; on Pensions : A bill (S. 3773) granting an increase of pension to John A bill (S. 3736) granting a pension to Perry Duncan; H. l\lcConnell; · A bill (S. 3737) granting an increase of pension to James A bill (S. 3774) granting· an increase of: pensi<>n to George V. Brough; l\1. Whitney; and A bill (S. 3738) granting an increase of pension to Ellanora A bill ( S. 3775) granting an increase of pension to Laure hl. Hollis; E. P.dtcha.rd. A hill ( S. 3739) granting an increase of pension to William He also introduced the following bills, which were seT'erally IT. Manson; read twice by their titles and referred to the Committee on A bill ( S. 3740) granting an increase of pension to Zachariah Mill tary Affairs: T. Houseman ; A bill (S. 3776) to correct the military record of Thomas A bill (S. 3741) granting an increase of pension to Eli Conn; Fitzgibbons ; and A bill (S. 3742) granting an inerease of pension to Joseph A bill ( S. 3777) to remo-ve the charge of desertion from C. Flickinger ; the military record of Nicholas Rullis~ A bill ( S. 3143) granting an increase of pension to Samuel Mr. CLAPP introduced a bill (S. 3'Z78) for th-e relief of the W. Hart; Minnesota and Ontario Bridge Company~ which w.as read A bill ( S. 3144) granting an increase of pellsion to Timothy twice by its title and referred to the Committee- on Claims. D. McGillicuddy; He also introduced the following bills, wll.ich were se-verally A bill (S. 3745) granting an increase of pension to Charles read twice by their titles and referred to tl!e Committee on Pen­ Miller-· sions: A bi'u (S. 3746) granting an inc1:ease of pension to Morris A. bill (S. 3779.) granting an increase of' pension to- H. A. E. Leighty ; and Bickford; A bill· (S. 3747) granting an increase of pension to George A bill (S. 3780) granting an increase of pension to John A. Albright. Houston (..,:ith the accompanying :papers); and He also (by request) introduced a bill (S.~ 3748) for th~ re­ A bill ( S. 3781) grrcnting a. pension to- Lydia M~ SaUsbucy lief of the Logan Natural Gas and Fuel Company, of Columbus, (with an accompanying paper). Ohio, which was read. twice by its title and referred . to tlle l\Ir. BURKETT introduced a bill ( S. 3782} granting an in­ Committee on Claims crease of pension to James Whitaker, which' was read twice He also introduced a bill (S. 3740) to proYide for the ap­ by its title and referred to the Comnnttee on Pensions. pointment, compensation, and retirement of civilian professors 1\f:Jr. CURTIS introduced the following bills, which were sev­ and civilian instructors at the Naval Aeademy, which was erally read twice by their titles and referred to the Committee read twice by its title and referred to the Committee on Naval on Pensions : Affairs. · A bill ( S. 3783') granting ::rn increase of pensi.ol!l to William A.. He also introduced the following bills, which were severally Wallace (with th~ accompanying :papers) ; read twice by their titles and referred to the Committee on A bill ( S. 3784) granting a pension t& C. K J"ones; and Military Affairs : A bill ( S. 3785) granting an· increase of pension. to John A bill (S. 3'ro0) to empower the Secretary of War to allow TreZJise (with the- accompanying papeFs). burial of wiVes of deceased enlisted men in national cemeteries Mr. HALE introduced a bill (S. 3786) granting an inc1:ease in the same graves as deceased soldiers; of pension to: Arthur Ricker, which was read twice by its title A bill (S. 3751) authorizing the Secretary of War to issue and referred to the Committee on :Pensions. discarded arms to camps of the United Spanish War Veterans; Mr. BROWN intreduced the following bills, which were sev-. A bill (S. 3752) to rem<>ve the charge of desertion against erally read twice by their titles and referred to the Committee Adam B Ackerman; on Pensions ~ A bill (S. 3753) for the relief of William W. Johnson; A bil1 ( S. 3787) granting an increase of pension to Ira D; A bill ( S. 3754) for the relief of Theodore D. l\IcCaddon ; M.arston ; and A bill (S. 3755) for the relief of John F. Lewis; A bill ( S. 3788) granting an increase of pension to Thomas S. A bill (S. 3756) for the relief of William H. W. Krebs; Wineteer (with an aceompa:nying paper). A bill (S. 3757) for the reli~f of Jehn W. Lewis~ l\Ir. SCOTT introduced a bill (S. 3789) granting an increase A bill ( S. 3758) for the relief of John A. Wanless~ of pension to J o.hn H. Crumbaugh, which was read twice by its A bill ( S. 3759} for the relief of Harlow L. Street; title and referred to the Committee on Pensions. A bill ( S. 3760) fer the relief of Edward Byrne ; Mr. MARTIN introduced the following bills, which were A bill (S. 3761) to correct the military record of Samuel severally read twiee by their- titles and referred to the Com­ Cole; .mittee on Pensions: A bill ( S. 3762) to correct the military record of William C. A bill (S. 3790) granting a pension to Mattie Allen; and Hawkesworth; and A. bill ( S. 379.1) granting an increase of pension to Chades A bill ( S. 3763) to correct the military record of George G. A. Raine, jr. Patterson. He also introduced u. bill (S. 3792} to correct the naval record He also introduced a bill ( S. 3764) to apply a portion of of Joseph Alfred Guthrie, which was read twice by its title and the proceeds of the- sale of public lands· to th~ endowment of referred to the Committee on Naval Affairs. schools or departments of mines and mining and to regulate He also introduced the following bills, which were severally the expenditure thereof, which was read twice by its title and read twice by their titles and referred to the Committee on referred to the Committee on :Mines and Mining. Claims: • Mr. BRANDEGEE introduced a bill (S. 3765) granting a A bill (S. 3793) for the reliei of William Hodgson; pension to Helen E. Fish, which was rend twice by its title and A bill ( S. 3794) .to carry out the findings of the Court of. referred to the Committee on Pensions. Claims in the case of Edward J. Gallagher, administrator of lie also introduced a bill (S. 3766) to remove the cha.rge of Charles Gallaghe-r, deceased (with the accompanying papers); desertion against John White, which was read twice by its title A bill (S... iri~3) for the relief of the heirs of E. W. Cabaniss and referred to the Committee on Military Affairs. (with the accompa:nsing papers.) ; CONGRESSIONAL RECORD-SENATE. J .A.NU ARY 13,

A bill ( S. 3796) for the relief of Benjamin P. Loyall; STENOGRAPHER FOR COMMITTEE ON THE UNIVERSITY OF THE UNITED A bill (S. 3797) for the relief of St. Stephen's Lutheran . STATES. Church, of Shenandoah County, Va. (with the accompanying Mr. HEl\.IENWAY submitted the following resolution, which papers); was referred to the Committee to Audit and Control the Contin­ .1\. bill (S. 3798) for the relief of Abraham Kellar (with an gent !Uxpenses of the -Senate: accompanying paper); ResoZvedJ That the Committee on the University of the United States . A bill ( S. 3799) for the relief of the heirs or estate of Samuel be, and the same is hereby, authorized to employ a stenographer, to be Sheetz, deceased (with an accompanying paper) ; paid from the contingent fund of the Senate, at the rate of $1 020 per A bill ( S. 3800) for the relief of Mary Cornick ; annum, said employment to continue during the Sixtieth Congr'ess. A bill ( S. 3801) for the relief of the legal representative of - ELLEN F. BARTLETT. William C. Read; and Mr. LODGE submitted the following resolution, which was A bill (S. 3802) for the relief of the vestry of St. Paul's referred to the Committee to Audit and Conh·ol the Contingent Episcopal Church, of Alexandria, Va. Expenses of the Senate : :Mr. HOPKINS introduced a bill (S. 3803) granting an in­ Resolved, That the Secretary of the Senate be, and he is hereby crease of pension to Corena Stewart, which was read ·twice by authorized and directed to pay to Ellen F. Bartlett, widow of Joseph its title and, with the accompanying paper, referred to the W. Bartlett, late a clerk in the office of the Secretary of the United Committee ou Pensions. States Senate, a sum equal to six months' salary at the rate he was receiving by law at the time of Ws demise, said sum to be considered , l\Ir . .McCUMBER introduced a joint resolution (S. R. 26) to as including funeral expenses and all ~ther allowances. print special report on the diseases of cattle, which was read twice by its titre and referred to the Committee on Printing. HEARINGS BEFORE THE COMMITTEE ON AGRICULTURE AND FORESTRY. Mr. KEAN introduced a joint resolution ( S. R. 27) to re­ Mr. PROCTOR submitted the following resolution, which store the status of Company A, New Jersey Militia, who served was referred to the Committee to Audit and Control the Con­ from April 16 to July 16, 1861, which was read twice by its tingent Expenses of the Senate: title and, with the accompanying papers, referred to the Com­ Resoh:edJ That the Committee 'on Agriculture and Forestry be, and . is hereby, authorized to employ a stenographer from time to time, as mittee on Military Affairs. may be necessary, to report such testimony as may be taken by the Mr. BURNHAM introduced a joint resolution ( S. R. 28) au­ committee or its subcommittees in connection with matters before thorizing and directing the Secretary of War to donate certain them, and to have the same printed for its use, and that such stenog­ cannon, with their accessories, to the State of New Hamp­ rapher be paid out of the contingent fund of the Senate. shire, which wa's read twice by its title and referred to the EMPLOYERS' LIABILITY LAW. Committee on Military Affairs. . On motion of Mr. KNox it was 1\Ir. DIOK introduced a joint resolution (S. R. 29) to provide OrderedJ That there be printed for the use of the Senate 2,000 for the temporary government of the Isle of Pines, which was copies of the opinion and the dissentin~ opinion of the Supreme Court read twice by its title and referred to the Committee on Pacifi-c j.n the cases of Howard, administratrix, v. Illinois Central Railroad Company, and Brooks, administratrix, v. Southern Pacific Company, Islands and Porto Rico. . being decisions of that court relating to the constitutionality of the He also introduced a joint resolution (S. R. 30) providing for employers' liability law. · the erection of a statue of the late Hon. Edwin M. Stanton, Secr·etary of War under Presidents Lincoln and Johnson, which SUB~IARINE TORPEDO BOATS IN STATE OF WASHINGTON. was read twice by its title and referred to the Committee on Mr. ANKENY submitted the following resolution, which was the Library. · · . considered by unanimous consent and agreed to: 1\Ir. HEYBURN introduced a joint resolution (S. R. 31) au­ Resolved, That the Secretary of the Navy be, and be is hereby, di­ rected to cause to be made a report to the Senate as to the cost of thorizing tl,le State of Idaho to purchase additional lands under two submarine torpedo boats to be stationed on Puget Sound, and one the Carey Act, which was read twice by its title and referred submarine torpedo boat to be stationed at Grays Harbor, State ot to the Committee on· Public Lands. Washington; and whether in his opinion such submarine torpedo boats are necessary for the proper protection of the waters heretofore named. AMENDMENTS TO APPROPRIATION BILLS. FINANCIAL · STATISTICS. Mr. KITTREDGE submitted an amendment providing for Mr. CULBERSON. 1\.lr. Pr-esident, several weeks ago the reimbursement to registers of United States land offices for the Committee on Finance of the Sen_ate reported a resolution of amounts of all fees for notices · of cancellation authorized to inq-uiry, directed to the Secretary of the Treasury, and I should be paid to them by the act of May 14, 1880, etc., intended to be be glad to know of the Chair if there has yet been submitted proposed by him to the sundry civil appropriation bill, which . an answer to that resolution! was referred to the Committee on Public Lands and ordered to The VICE-PRESIDENT. What was the date of the resolu­ be printed. tion? Mr. NELSON submitted an amendment relative to per diem Mr. CULBERSON. It was passed preceding the holidays, .expenses actually incurred for traveling and attendance of dis­ but I do not remember the exact date. It is a resofution i·eported trict judges for the purpose of holding court at places outside by the Committee on Finance. The Senator from South Caro­ of their districts, etc., intended to be proposed by him to the sun­ lina TM:r. TILLMAN] seems to have a copy of the resolution. dry ciyil appropriation bill, which was referred to the Com­ 'Viii he kindly give the date of it? mittee on the Judiciary and ordered to be printed. .Mr. TILLMAN. It was reported from the Committee on l\Ir. FORAKER submitted an amendment providing that here­ Finance by the Senator from Rhode.Island [Mr. ALDRICH] on after all inmates of any soldiers' or sailors' homes, or other the 12th day of December, and is Senate resolution No. 33. 'institutions maintained by any State for the benefit of depend­ Mr. ALDRICB:. I did not hear the first part of the state­ ent or other disabled volunteer soldiers, shall have their pen­ ment of the Senator from Texas [Mr. CULBERSON]. sions paid to them directly, etc., intended to be proposed by him l\1r. CULBERSON. I simply stated that a resolution had been to the pension appropriation bill, which was referred to the adopted by the Senate, and inquired if there had been an Committee on Pensions and ordered to be printed. answer to it sent to the Senate. The VICE-PRESIDENT. The Chair understands there has OLAIMS SETTLEMENT BETWEEN THE UNITED STATES AND NICARAGUA. been- no answer to the resolution to which the Senator from 1\Ir. DEPEW submitted the following concurrent resolution, Texas refers. which, with the accompanying papers, was referred to the Com-. Mr. ALDRICH. I will say for the information of the mittee on Foreign Relations: Senator from Texas that I called at the Treasury Department Resol

The VICE-PRESIDENT. To the request for unanimous con­ LEAVES OF ABSENCE TO HOMESTEAD ENTRYMEN. sent objection was interposed by the Senator from New Jersey The VICE-PRESIDENT. Is there further morning business? [1\fr. KEAN]. If not, morning business is closed. Mr. TELLER. If the bill is not before the Senate, I have 1\fr. BURKETT. I ask unanimous consent for the present nothing further to say. consideration of Senate bill 507. Mr. KEAN. Mr. President-- 1\Ir. KEAN. Let us have the regular order. . The VICE-PRESIDENT. Does the Senator from South Caro­ The VICE-PRESIDENT. The Senator from New Jersey de­ lina yield to the Senator from New Jersey? mands the regular order, which is the Calendar under Rule 1\Ir. TILLMAN. Certainly. VIII. The Secretary will state the first bill on the Calendar. l\fr. KEAN. I merely wish to correct the Ohair somewhat The bill (S. 550) providing for stated leaves of absence to in that the Senator from New Jersey merely asked for the entrymen under the homestead laws "Was announced as the first regular order. business in order on the Calendar, and the Senate, as in Com- The VICE-PRESIDENT. The regular order is morning busi­ mittee of the Whole, proceeded to its consideration. · ness. ·l\Ir. FULTON. I do not wish to object to the bill, but I do STOCK OWNERSHIP OF INTERSTATE-COMMERCE CORPORATIONS. not quite understand its scope. Is the bill general in its nature? 1\fr. NELSON. If the Senator from Oregon will allow me, I .l\Ir. TILLMAN. I desire to call up Senate resolution 45, will explain it. It is the object and effect of the bill simply to and I ask that it may be put on its passage. It comes over allow homesteaders to be absent during the hard part of the from a previous day and has the right to be discussed. winter-January, February, and 1\farch-and it provides that The VICE-PRESIDENT. The Ohair lays before the Senate in con ... equence of such leaYe they shall not be deprived -of their n resolution coming over from a former day, which will be homestead rights. That is the whole scope of the bill. read. 1\Ir. FULTON. I think the bill is all right. The only ques­ The Secretary read the resolution submitted by Mr. TILLMAN tion in my mind is whether it includes all the States, or only December 1 , 1907, as follows: a few. If only a few, 1 wish to have the State of Oregon in­ Resol1:ed, '!'bat the Inte1·state Commerce Commission be directed to inform the Senate whether any corporations engaged in interstate com­ serted. merce are the owners of any of the capital stock of other corporations l\Ir. NELSON. It is a general bilL which nre transporting passengers and freight; and if so, the Com­ l\Ir. E'ULTON. Very well. I understood that it had been mission is further directed to transmit a statement showing the extent and details of such ownership so far as the facts now appear in the amended. office of the Commission, and to state in what cases the corporations EXECUTIVE SESSION. whose stock so owned have been competitors for traffic with the cor­ porations owning their stock. · l\Ir. ALDRICH. I move that the Senate proceed to the con­ l\fr . .A.LDRIOTI. Mr. President, when this resolution was last sideration of executive business. before the Senq.te I objected to its consideration, as I then 'The motion was agreed to, and the Senate proceeded to the feared it would take up too much of the time of the Interstate consideration of executive business. After twenty-three min­ Commerce Commission. I now find that the reports of the Com­ utes spent in executive ·session the doors were reopened. mission contain this information for a series of years, and I REVISION OF PENAL LAWS. haye no doubt the Commission have in their possession informa­ l\fr. HEYBURN. I ask that the unfinished business be pro­ tion which will bring the matter up to date. I therefore with­ ceeded with. draw my objection to the adoption of the resolution .. The VICE-PRESIDENT. The hour of 2 o'clock having ar­ Mr. TILLMAN. I am very much obliged to the Senator, rived, the Ohair lays before the Senate the unfinished business, because it sayes me the trouble of explaining why I introduced which is Senate bill 2982. the resolution. The Senate, as in Committee of the Whole, proceeded to The resolution was agreed to. consider the bill (S. 2982) to codify, revise, and amend the COMMITTEE SERVICE. penal laws of the United States. l\fr. CULBERSON. I moYe that the Senator from Alabama The VICE-PRESIDENT." The Secretary will proceed with [1\fr. BANKHEAD] be assigned to the following committees: the reading of the bill. Agriculture and Forestry, Post-Offices and Post-Roads, Public The Secretary proceded to read the bill. Lands, Privileges and Elections, Education and Labor, Trans­ l\Ir. NELSON. I understand that this is the formal read­ portation Routes to the Seaboard, Railroads, Coast and Insular ing of the bill, and it is not now being read for amendment. Suney, and Industrial Expositions (Select). The VICE-PRESIDENT. This is the formal reading of the The motion was agreed. to. bill. The understanding of the Senator from Minnesota is cor­ rect. EXPOSITION ,AT QUITO, ECUADOR. The Secretary resumed and concluded the reading of the bill. The VICE-PRESIDENT laid before the Senate the following Mr. HEYBURN. I move that the Senate adjourn. message from the President of the United States, which was The motion was agreed to, and (at 3 o'clock and 23 minutes read, and, with the accompanying papers, referred to the Com­ p. m.) the Senate adjourned until to-morrow, Tuesday, Janu:. mittee on Foreign Relations and ordered to be printed: ary 14, 1908, at 12 o'clock meridian. To the Senate and House of Representatives: I t1·ansmit herewith for the consideration of the respective Houses of the Congress a letter from the Secretary of State representing the NOUINATIONS. appropriateness of early action in order that in response to the invita­ tion of the Government of Ecuador the Government of the United States Executive nominations received by the Senate Janu(tt·y 13, 1908. may be enabled fittingly to participate in the expo ition which is to COLLECTOR OF CUSTOMS. be opened at Quito on August 10, 1909, in celebration of the hundredth anniversary of the independence of Ecuador. This will be our first op­ George F. Roth, of New York, to be collector of customs portunity to join with one of our sister American Republics in com­ for the district of Genesee, in the State of New York. (Re­ memorating and honoring a centennial which in the annals of each Refrublic of the American hemisphere is the most cherished. appointment.) :rhe recommendations of this report have my hearty approval, and PROMOTIONS IN THE REVENUE-CUTTER SERTICE. I hope that the Congre s will see fit to make timely provision to enable the Government to respond appropriately to the invitation of the Gov­ Second Lieut. Eugene Blake, jr., to be first lieutenant in ernment of Ecuador in the sending of a commissioner and a Govern­ the Revenue-Cutter Service of the United States, to rank as ment exhibit, and in the erection of a building at this exposition. . such from August 23, 1907., in place of Richard Owens Crisp, THE WHITE HOUSE, Ja1Hta1'1J 18, 1908. promoted. EXPORTS FROM GERMANY TO THE UNITED STATES. Second Lieut. James Freeman Hottel to be first lieutenant in the Revenue-Cutter Service of the United States, to rank as The VICE-PRESIDENT laid before the Senate the following such from September 4, 1907, in place of Frederick Gilbert message from the President of the United States, which was read Dodge, promoted. and, with the accompanying papers, referred to the Committee Second Lieut. Philip Henshaw Scott to be first lieutenant on Finance and ordered to be printed: in the Reyenue-Cutter Service of the United States, to rank as To the Senate: . such from September 2, 1907, in place of Godfrey Lynet Carden, I transmit herewith, in response to a resolution of the Senate of promoted. the lOth of December last a report of the Secretary of State, with ac­ eompanying papers, in relation to declared exports from Germany to Second Lieut. William to be first lieutenant the United States in the months of July and August, 1906 and 1907, in the Revenue-Cutter Service of the United States, to rank as respectively, and also similar information regarding the months of such from June 23, 1907, in place of Ellsworth Price Bertholf, September, October, and November, 1906 and 1907. THEODORE ROOSEVELT. promoted. THE WHITE HOUSE, January 18, 1908. Third Lieut. James Louis Ahern to be second lieutenant in

XLII---41 642 OONGRESSION AL RECORD-SEN ATE. JANUARY 13, the ne,e.nue-Cutter Service of the United States; to rank as COLLECTOR <>F CUSTOMS. such from Murch 17, 1907, in place of Herman Howard Wolf, William H. Jordan, of Massa.chusetts, to be collector of cus­ promoted. toms for the district of Gloucester, in the State of Massa~ '.rhird Lieut. Lloyd Toulmin Chalker to be second lieutenant chusetts. in the Revenue-Cutter Service <>f the United States, to rank .as RECEIVERS OF PUBLIC MONEYS. such from March 20, 1907, in place of Franklin Bache Harwood, res1gned. ..John P. Dickinson, of Colorado, to be receiver of public Third Lieut. Edward Darlington Jones to be second lieuten­ moneys at Hugo, Colo., his term having expired December 7, ant in the ReYenuc-Cutter Service of the United States, to rank 1907. as such from June 23, 1907, in place of William .Joseph Wheeler, Frank Davey, of Oregon, to be recei'rer of public moneys at promoted. Burns, Oreg. Third Lieut. Stanley Vincent Pm.·ker to be second lieutenant Fred P. Cronemiller, of Oregon, to be receiver of public in the Revenue-Cutter Service of the United States, to rank as moneys .at Lakeview~ Oreg. such from August 23, 1907, in place of Eugene Blake, jr., pro- Albert A. Roberts, of Oregon, whose term will expire Janu­ moted. · ary 18, lOOS, to . be receiver of public moneys at La Grande, Third Lieut. Archibald Howard Scally to be second lieuten­ Oreg. ant in the Revenue-Cutter Service of the United States, to rank .John C. Bryan, of Plankinton, S.Dak., to be 1:~eiver of public as such from March 2, 1907, in place of Walter Aquila Wiley, moneys at llitchell, S. Dak. promoted. Lemuel B. Laughlin, of South Dakota, to be receiver of public Third Lieut. Russell Randolph Waesche to be second lieuten­ moneys at Chamberlain, S. Dak. ant in the Revenue-Cutter Service of the United· States, to rank Thomas C. Burns, of South Dnkota, -now receiver of public as such from September 2, 1907, in place of Philip Henshaw moneys at Mitchell, to be register of the land office at Mitchell, Scott, promoted. · S.Dak. Myron Willsie, of Rapid City, S. Dak., to be receiver of public PROMOTIONS IN THE NAVY. moneys at Rapid City, S. Dak. Capt. Harrison G. 0. Colby, on the active list of the Navy, to be a rear-admiral on the retired list from the 28th day of Janu­ REGISTERS OF 'IHE LAND OFFICE. ary, 1908, the date upon which he will be retired in accordance John L. Burke, of South Dakota, to be register of the land with the provisions of an act of Congress approved .June .21J, office at Rapid City, S. Dak. · 1906. . Lyman w. Wakefield, of Tucson, Ariz., to be register of the Commander Abraham· V. Zane to be a captain in the Navy land office at Phoenix, Ariz. from the 6th day of December, 1907, vice Oapt. Nathan Sar­ w. Hall Irons, of Plankinton, S. Dak., to be register of the gent, deceased. land office at Chamberlain, S. Dak. . Lieut. Francis L. Chadwick to be a lieutenant-commander in Paul D. Kribs, of Columbia, s: Dak., to be register of the land the 1 Tavy from the 1st day of July, 1907, vice Lieut. Commander office at Aberdeen, S. Dak. Robert F. Lopez, promoted. Frank C. Bramwell, of La Grande, Oreg., to be register of the Boatswain Belmar H. Shepley to be a chief boatswain in the land office at La Grande, Oreg. NaYy from the lith day of April, 1907, upon the completion of John N. Watson, of Oregon, to be .register of the land office six years' service in his present grade. at Lakeview, Oreg. Lieut. Alfred A. Pratt to be a lieutenant-commander in the Cornelius N. Van Hosen, of Missouri, to be register of the Navy from the 1st day of July, 1907, vice Lieut. Commander land office at Springfield, Mo. Thomas W. Kinkaid, promoted. APPOINTMENTS IN THE ARMY. WITHDRAW.ALS. GENERAL OFFICEI!. Executiv e nominations withdratmt from the Senate Janua1·y 13, Col. l\Iedorem Crawford, Coast Artillery Corps, to be briga~ 1908. . dier-general with rank from January 3, 1008. James F. Tracey, of New York, to be a member of the Philip- · To be second lieutenants ~liith ?'anlv from Janua1·y 3, 1908. pine ·Commission and secretary of finance and justice in the COAST ARIILLERY CORPS. government of the Philippine Islands. George Meredith Peek, of Vh·ginia. Gregorio Araneta, of the Philippine Islands, to be an associate Perry Mozart Gallup, of New York. justice of the supreme court of the Philippine Islands. To be second lieutenants ~vith rank from Jantwry 4, 1908.

CONFIJ;tMATIONS. ~LD ARTILL~RY. Exec-utive _nominations confinned by the ·senate, January 13, John Nesmith Greely, of .Massachusetts. 1908. Webster Allyn C.apron, of Virginia. . . SURVEYORS-GENERAL. COAST AniiLLERY CORPS. John W. 1\Iarch, of Estancia, N. Mex., to be surveyor-general William Pegram Wilson, of Michigan. of New Mexico. Charles Laurence Williams, of New York. Frank S. Ingalls, of Yuma, Ariz., to be surveyor-general of Alexander James Stuart, of Michigan. Arizona. Chester Jennings Goodier, of New York. Clark B. Alford, of Huron, S. Dak., to. be surveyor-general John Edward Townes, jr., of Vh·ginia. of South Dakota. Robert Emory Vose, of Ohio. ASSOCIATE JUSTICE, SUPREME COURT OF 1\"EW MEXICO. Dean Hall, of Massachusetts. ·william H. Pope, of New Mexico, to be associate justice of John Stuart Williams, of Pennsylvania. the supreme court of the Territory of New Mexico. George Ruhlen, jr., of the District of Columbia. John Edward Mort, of Virginia. DISTRICT JUDGES. Junnius Pierce, of New York. Ralph El. Campbell, of Oklahoma, to be United States district INFANTRY ARM. judge for the eastern district of Oklahoma. John H. Cotteral, of Oklahoma, to be United States district John Waring Simons, jr., of South Carolina. judge for the western district of Oklahoma. Jubal Anderson Early, of Virginia. Charles Pope Hollingsworth, of Maryland. UNITED STATES ATTORNEY. Edward Graham Taylor, of t~e District of Columbia. William J. Gregg, of Oklahoma, to be United States attorney To be second lieutenants with 1·anlv frorn Jam.ca1·y 5, 1908. for the eastern dish ·ict of Oklahoma. FIELD ARTILLERY. MARSHAL. John R. Abernathy, of Oklahoma," to be United States mar­ Thomas· Donaldson Sloan, of New York. shal for the west ern dish·ict of Oklahoma. Frederick Monroe Barrows, of New York. COAST ARTILLERY CORPS. CONSULS. Henry Wirt Thomas Eglin, of Virginia. M~"Well K. Moorhead, of Pennsylvania, to be consul of the INFANTRY A.R i\L United States of class S at Acapulco, Mexico. Alfred Henry Erck, of Massachusetts. SURVEYOR ·OF CUSTOMS, Fred Philip Jacobs~ of Colorado. George L. Godfrey, of Iowa, to be surveyor of customs for Walter Scott Grea·cen, of Kew York. the port of Des Moines, in the State of Iowa, CarY. Ingram Crockett, of Virginia. 1908. CONGRESSIONAL RECORD-SENATE. 643

To be second lieutenants with rank from- Janua1·y 1, 1908. Second Lieut. Charles A. Hunt, Twelfth Infantry, to be first FIELD AltTILLERY. lieutenant from October 23, 1907. Sergt. John Gavin Tyndall, Troop A, First Cavalry. Second Lieut. Leo B. Dannemiller, Eleventh Infantry, to be Sergt. Alfred Lawrence Pearson Sands, Troop F, Third first lieutenant from October 28, 1907. Cavalry. Capt. Edward H. Fitz-Gerald, chaplain Twenty-second In­ Sergt. Charles Peaslee George, jr., One hundred and eight­ fantry, to be chaplain with the rank of major from December eenth Company, Coast Artiiiery Corps. 14, 1907. COAST AltTILLERY CORPS. CAVALRY AltM. Master Gunner Thomas Franklin McNeill, Coast Artillery Second Lieut. Edward R. Coppock, Third Cavalry, to be first / Corps. lieutenant from December 16, 1907. INFANTRY AltM. POSTMASTERS. Mast& Gunner Thomas Mayne Reid Herron, Coast Artillery ALABAMA. Corps. Walter H. Harkins to be postmaster at Fayette, Fayette To be seconcZ lieutenants with mnk from January 2, 1908. County, Ala. FIELD ARTILLERY. CALIFORNIA. Sergt. Charles William Harlow, General Service. William C. Campbell to be postmaster at Los Gatos, Santa Sergt. Harold Steelman Naylor, Troop L, Fourth Cavalry. Clara County, Cal. Pri"Vate William Henry Rucker, Troop M, Fourteenth Theodore W. Leydecker to be postmaster at Alameda, Ala­ Ca..-alry. meda County, Cal. Sergt. William Henry Shepherd, Sixth Company, Coast Ar­ Cabot A. Yerxa to be postmaster at Sierra Madre, Los An­ tillery Corps. geles County, bal. Sergt. Marshall Guion Randol, Battery F, First Field Ar­ CONNECTICUT. tillery. Warren W. Averill to be postmaster at Pomfret Center, Wind­ INFANTRY AltP.I. ham County, Conn. Corp!. Frank Wilson Braden, Company A, Eighth Infantry. William H. Brown to be postmaster at Jewett City, New Sergt. John Delbert Reardan, Eighty-fifth Company, Coast London County, Conn. Artillery Corps. Edmund :m. Crowe to be postmaster at South Norwalk, Fair­ Sergt. Ernest Leonard Pell, Company G. Twenty-ninth In­ field County, Conn. fantry. Samuel E. Louden to be postmaster at Riverside, Fairfield Sergt. Joseph C. Batie, Company D, Thirtieth Infantry. County, Conn. PROMOTIONS IN THE ARMY, James R. :Meigs to be postmaster at Madison, New Haven PAY DEPAltTUECI/T. County, Conn. Lieut. Col. John C. Muhlenberg, deputy paymaster-general, to John R. Merrick to be postmaster at Totoket, New Haven be assistant paymaster-general with the rank of from County, Conn. January 1, 190 . Rufus H. Seymour to be postmaster at Ridgefield, Fairfield Maj. Hamilton S. Wallace, paymaster, to be deputy paymas­ County, Conn. ter-general with the rank of lieutenant-colonel from January DELAWARE. l, 1908. Harry B. Johnson to be postmaster at Wyoming, Kent County, Del. COAST ARTILLERY CORPS. ILLINOIS. Capt. John P. Hains, Coast Artillery Corps, to be major from William Clemans to be postmaster at Mansfield, Piatt December 27, 1907. · County, ill. First Lieut. David Y. Beckham, Coast Artillery Corps, to be W. E. Hawthorne to be postmaster at Granville, Putnam captain from December 27, 1907. County, Ill. Harry E. Spear to be postmaste-r at Polo, Ogle County, Ill. INFANTRY Altl\I. IOWA. Lieut. Col. Hobart K. Bailey, Twenty-fifth Infantry, to be Daniel 4--llderson to be postmaster at Lamoni, Decatur colonel from December 23, 1907. County, Iowa. Maj. William R. Abercrombie, Thirtieth Infantry, to be lieu­ tenant-colonel from December 23, 1907. Charles H . .Aus~ to be postmaster at Lineville, Wayne Capt. Leon S. Roudiez, unassigned, to be major from Decem- County, Iowa. F. V. D. Bogert to be postmaster at Paullina, O'Brien County, ber 23, 1907. . Iowa. Capt. William C. Wren, Twenty-third Infantry, to be major A. J. Cleyeland to be postmaster at Pleasanrrille, Marion from January 1, 1908. County, Iowa. First Lieut. Frederick R. De Funiak, jr., Eleventh Infantry, Walter M. Cousins to be postmaster at Alden, Hardin County, to be captain from December 11, 1907. Iowa. · Maj. Frank B. Jones, Ninth Infantry, to be lieutenant-colonel Charles A. Reynolds to be postmaster at Harlan, Shelby from October 4, 1907. County, Iowa. Maj. Charles Byrne, Thirtieth Infantry, to be lieutenant­ KANSAS. colonel from October 25, 1907. Capt. Robert H. Noble, Third Infantry, to be major from John Grant to be postmaster at Ellinwood, Barton County, October 4, Hl07. Kans. Capt. Benjamin C. Morse, Twenty-ninth Infantry, to be major Florence Lowe to be postmaster at Turon, Reno County, Kans. from October 20, 1907. Harvey J. Penney to be postmaster at Hays, Ellis County, Capt. John P. Finley, Twenty-seventh Infantry, to be major Kans. from October 23, 1907. KENTUCKY. Capt. Frederick n. Day, unassigned, to be major fi·om Oc­ Thomas Boggess, jr., to be postmaster at Ashland, Boyd tober 25, 1907. County, Ky. Capt. Carl Reichmn.nn, Seventeenth Infantry, to be major Frank A. Mitchell to be postmaster at Vanceburg, Lewis from November 8, 1907. , County, Ky. First Lieut. Henry A. Hanigan, Thirteenth Infantry, to be MAINE. captain from October 4, 1907. - Lindley H. Folsom to be postmaster at Greenville, Piscataquis First. Lieut. Earnest 1\1. Reeve, Fifteenth Infantry, to be County, Me. captain from October 20, 1907. First Lieut. Hjalmer Erickson, Seventh Infantry, to be cap­ MASSACHUSETTS. tain from October 23, 1907. Paul R. Bridgman to be postmaster at Ware, Hampshire First Lieut. James W. Ii'urlow, Eleventh Infantry, to be cap­ County, Mass. tain from October 28, 1907. Charles F. Hammond to be postmaster at Nantucket, Nan­ First Lieut. John W. Wright, Fifth Infantry, to be captain, tucket County, Mass. f1·orn November 8, 1907. George H. Seymour to be postmaster at Monson, Hampden Second Lieut. Robert L. Weeks, Thirtieth Infantry, to be first County, Mass. lieutenant from October 4, 1907. MINNESOTA. Second Lieut. Albert G. Goodwyn, Twenty-ninth Infantry, to Fay Cravens to be postmaster at Milaca, Millelacs County, be first lieutenant from October 20, 1907. Minn.

I 644 CONGRESSIONAL. RECORD-HOUSE. JANUARY 13,

Henry 1\I. Henderson to. be postmaster at Verndale, Wadena RHODE ISLAND. County, ~linn. William 1\I. Gorham to be postmaster at Bristol, Bristol -Raleigh 1\I. Pope to be postmaster at Mora, Kanabec County, County, R. I. Minn. Benjamin B. l\la~·tin to be postmaster at Warren, Bristol Justin lit Stiles to be postmaster at Wells, Faribault County, County,· R. I. Minn. SOUTH DAKOTA. MISSOURI. Allen l\I. Nixon to be postmaster at 1\Iill>ank, in the county of Isaac N. · Barnett to be postmaster at Piedmont, Wayne Grant and State of South Dakota. Co-unty, :Mo. John W. Jordan to be postmaster- at Pr-esho, in the county d William E. Burns to be postmaster at · Appleton City, St. Lyman and State of South Dakota. Clair Cotmty, Mo. John W. S. Dillon to be postmaster at Grant City, Worth WASHINGTON. County, Mo. - :Minor McLain to be postmaster at Ferndale, Whatcom Thomas J. C. Fagg to be po-stmaster at Louisiana, Pike County, Wash. County, Mo. WTSCOXSIN. """illiam J. Godt to be postmaster at New Haven, Franklin Wilbur H. Bridgman to be postmaster at Stanley, Chippewa County. Mo. County, Wis. Leo W. McDavitt to be postmaster at La Pla~ Macon Edward B. Mattoon to be postmaster at Sheboygan, She­ County, Mo. b-oygan County, Wis. Frank C. Miller to be postmaster at Oran, Scott County, Mo. H. B. Quimby to be postmaster at Reedsburg, _Sauk County, DaYid B. Ormiston to be postmaster at Linne-us, Linn County, Mo. · - Wis. Edwin Pidgeon to be postmaster at Ferguson, St. Louis County, Mo. STATUS OF NATURALIZED CITIZENS. William A. fiery to be postmaster at Elsberry, Lincoln County, 1\Io. The injunction of secrecy was removed January 13, 1U08, Frank L. Wilson to be postmaster at Bowling Green, Pike from a convention signed at Rio de Janeiro on August 13, 1906, County, Mo. by the delegates of the Governments represented at the Third International Conference of American States, establishing the :NEVADA. status of naturalized citizens who again to'lke up their residence J. A. Rogers to be postmaster at Winnemucca, Humboldt in the country of their origin. County, Nev. NEW HAMPSHIRE. Charles E. Buzzell to be postmaster at Lakeport,. Belknap County, N. IL HOUSE OF REPRESENTATIVES.. George L. Stockeli, jr., to be postmaster at Exeter,. Rocking­ ham County, N. H. 1\{oNDAY, January 13, 1908. NEW JERSEY. Henry S. Garretson to be postmaster at Dunellen, Middlesex The House met at 12 o'clock m. County,. N~ J. Pt·ayer by the Chaplain, Rev. HENRY N. CoUDEN, D. D. . Richard Willard Sloat to be postmaster at Hudson Heights, The Journal of the proceedings of Saturday, January 11, 1908-, Hudson County, N. J. was read and approved. :1>"-EW MEXICO. SECOND HOMESTEAD ENTRIES. Bonifacio Lucero to be postmaster at Santa Rosa, Guadalupe l\lr. GllONNA. Mr. Speaker, I ask unanimous consent for County, N. 1\fex:. the bill (H. R. 300) providing fer second homestead entries, NEW YOUK. with an amendment, which I send to the- desk and ask to have Luciu-s R. Doty to be postmaster at Catskill, Greene COlmty, read. N.Y. . The Clerk read as follows: George T. Eveland to be postmaster at Franklin, Delaware Be it enacted, etc., That any person who, prior to the passage of this. act, has made entry under the homestead laws, but from any cause has County, N. Y. lost or forfeited the same, shall be entitled to the benefits of the home­ Seraph E. Wolcott to be postmaster at Keeseville, Essex stead law as though such former entry had not been made, and any County, N. Y. person applying for a. seeond homestead under this act shall furnish NORTH DAKOTA. the description and date of his former entry. The report of the committee (inserted by unanimous consent) Hans A. Aim to be postmaster at Hankinson. Richland is as follows : County, N. Dak. REPORT. John E . Jenks to be postmaster at Souris, in the county of [To accompany H. R. 300.] Bottineau and State of North Dakota. The Committee on the Public Lands, to whom was referred the bill _ Charles Leathart to be postmasteJ.· at Fairmount, Richland (H. n. 3DO) providing for a. second homestead entry, report the same bacl>: with the recommendation that it do pass. County, N. Dak. 'l'he necessity for and advisability of legislation from time to time Harry Leighton to be postmaster at Cavalier, in the county providing for second homestead entries in cases where the entryman of Pembina and State of North Dakota. has been unable to perfect title to the land covered by his first entry Charles N. 1\Iurphy to be postmaster at Neche, in the county has long been recognized by Congress. In 188!) and again in 1000 legislation of this character was had, and as time passes and the public of Pembina and State of North Dakota. lands subject to homestead entry are largely in regions where the per­ Harry A. Nicholson to be postmaster at Crary,. in the county fecting of homestead entries is surrounded by many difficulties the of Ramsey and State of North Dakota. - necessity for the legislation increases. The American homesteader is constantly pushing forw::u-d from the August H. Wahl to be postmaster at Washburn, in the county confines of s-ettlement on to new lan1ls, and passing beyond the region. of McLean and State of North Dakota. of assured and plentiful rainfall he has, from time to time, invaded Hartwick a; jWestby to be postlllliste-r· at Maddock, in the territory where conditions were such as to render it impossible for him in many cases to retain his land and obtain title to it. Years of ex­ county of Benson and State of North Dakota. treme drought a.nd other conditions-sometimes permanent in character, OKLAHOMA. sometimes temporary-have often co-mpeTl.ed him to give up the strug­ gle, and yet the spirit of the pioneer is so strong in the breast of Joshua F. Farris to be postmaster at Billings, Noble County, many of these men that after a lapse of a few years, during which Okla. time they have been a.ble to somewhat r-ecoup their fortunes, they desire to again make an effort to secure a home on the public lands. PE~NSI:LVL"'I'I.A., These men make the best and most successful homesteaders in the Joseph M. Bloss to be postmaster at Titusrule, in the county regions where conditions are trying for the pioneer. They have had of Crawford and State of Pennsylvania. . experience which qualifies them to cope with the conditions more suc­ cessfully than the man who has never made the attempt a.nd is unfa­ Caleb S. Brinton to be postmaster at Carlisle. Cumberland miliar with conditions in the region in which he desires to settle. County, Pa. In th,e past few years the adoption of improved methods of cultiva­ John N . Dearsam to be postmaster at McKeesport, in the tion and the introduction of crops suitable to semiarid regions have encouraged the settlement of lands which a few years a~o were con­ county of Allegheny and State of Pennsylvania. . sidered valu€less 5Cept for gra.zing purposes. To cope With the situ­ George S. Mullin to be postmaster at Hyndman, Bedford ation in such regions no man is so well qualifted as he who has hacl County, Pa. experience under somewhat similar circumstances. This bill was refe-rred to the Secretary of the Interior, and his Clayton F. Miller to be _postmaster at North Girardt in the favorable report on the legislation a.ccompanies and is. made part of' cow1ty of Erie and Sta-te of Pennsylvania. this report. ·1908. CONGRESSIONAL R.ECORD-HOUSE. 645

DEPART~::'lans in vogue from time to time for such openings and The amendment that I offered this morning makes it impossible select amidst the fiercest competition. Shall you reward the for anyone who has relinquished his former entry for a consid­ men who ha-ve once tried and are willing to try again; or eration to be entitled to take a homestead under this bill. shall you say that an honest effort not only does not avail but I yield fi\e minutes to the gentleman from Oklahoma [:Mr. on the contrary does deny a chance to try again? FERRIS]. The Government loses nothing. If the homeseeker has never l\Ir. FERRIS. Mr. Speaker, as a. member of the committee acquired title to the land surely the Government has lost noth­ ~at dealt with the bill under consideration, I desire to say that I ing. On the- contrary, in each case they have profited thereby think it pre erves e\ery interest manifest in the provisions of the from fees paid by the homesteader for the entry or filing. Let homestead law. . I take it that this House is eminently quali­ the bill pass and no violence will be done to heart or con· fied and likewise has a true . anxiety to protect the spirit of science. Let the bill pass and honest effort will be rewarded the homestead law, and anything that deviates from a true with another trial. Let the bill pass and thereby furnish protection of its wise and beneficent provisions would, I take homes to men who know the conditions and will make the West it, meet with painstaking opposition from the Members of this prosper and improve. House. On the other hand, I feel that if this proposed meas­ Members who are unfamiliar with the provisions of the bill ure lends dignity, uniformity, aid, and assistance to the present may say that "It permits too many chances. They may have provisions of the homestead law, and in addition thereto re­ sold out and received valuable consideration for their former wards unfortunate and honest home seekers and prospective entry." This measure, my friends, deals fully with that, for borne builders who have honestly and faithfully tried to pro­ in the second section it provides that in cases where the former cure and establish a home on the public domain, but by reason entry has been canceled for fraud or· where the first and origi­ of accident, mistake, inadvertence, or other unfortunate cir­ nal entry was disposed of for a valuable consideration then and cumstances have failed, then, and in that event, I am quite in that event the applicant can not avail himself of the p1~ sure it would meet with appro\al at the hands of this House, visions of this measure. and they would at once become friends of this measure. Once more let me urge you to remember that the class of The proposed measure provides that any person who priot· citizens that this measure affects has never acquired title to to the passage and appro\al of this bill has entered Govern­ any Government land in the past. Never title to one foot ot ment land, but for any cause has lost or forfeited his rights the Government domain through the provisions of the home­ thereunder, totally failing to acquire title to any part of the stead law. Further, that the class of citizens for whom this public domain, shall have the right to take or file again. This bill is proposed is now clamoring to obtain a home, and I sub­ is the first part of the measure. The amendment or second mit that is a holy undertaking in any land and in any clime. part of the measure is the entryman shall only be allowed to Again let me reiterat-e that if this class of citizens have take again or a vail himself of the provisions of this mea sure received nothing from the Government but a thwarted oppor· where he has not recei\ed anything of value for the former tunity surely the Government has lost nothing, but maintains - entry and where his former entry has not been canceled for her equilibrium as before. fraud. This feature of the measure is an ample safeguard Friends of this measure accepted the amendment thereto, not against any possible wrongdoers, and I am sure will allay the as a rebuke or a repudiation of the committee that reported suspicions and anxiety of any :Member who seeks to oppose the it; neither with the intention of burdening the Department, provisions of this law. who has to pass on each individual case before a second entry I ha\e an abiding faith that the l\femhers of this House ha\e can be made, but because we believe that the bill as amended true and well-defined ideas to reward the bona fide home seeker will render a marked and material assistance in itS present and home owner and think, further, that for the benefit of some form and the relatively small number that would be affected of the gentlemen who have not li\~ in the Western public-land by it. countries, where homesteading has prevailed for a series of Congress has heretofore legislated on three different occa­ years, and must of necessity be largely unfamiliar with the sions on this subject-to wit, in 1889, 1900, and 1904--and minutia of the different openings, a word to them explanatory ne\er before has it been considered wise or necessarv to bur· would not be out of place. den the officers in charge with a showing from each hidividual In the former openings many novel and weird ideas have pre­ applicant for second entry, the cases of canceling for fraud being vailed. Some of the openings haxe been by horse race, where so rare and the investigation so circuitous. In view of the tbe speed of the horse determined the quality of the home se­ foregoing, I will say, frankly, that I liked the bill better as the lected. In others by a lottery, where it was purely a game of committee reported it from the committee room, but in its chance. pre~ent form it will fm·nish homes to the homeless, furnish Time, consideration, and judgment could not be consulted in hearthstone and roof for the home seeker, will reward an this manner of opening public lands, and the home seeker de- honest but thwarted effort with a second chance, and will let 646 CONGRESSION... L\..L RECORD- HOUSE. JANUARY 13,_· the western districts who have Government land prosper and QUITO (ECUADOR) EXPOSITION. improve. The SPEAKER laid before the House the following message I hope this measure will not· receive further opposition from from the President of the United States, which was read, re­ either ~ide of this House, for I believe it a just one and an ferred to the Select Committee on Industrial .Arts and Exposi­ important one. I think I can offer as a reason for the faith tions, and ordered to be printed: that is in me the fact that my entire life has been spent in To the Senate and House of Representati,;es: public:-Jand countries, and I know of their wants, hopes, as­ I transmit herewith for . the consideration of the respective Houses pirations, and desires. Their homes are founded on the foun­ of the Congress a letter from the Secretary of State, representing the dation of deprivation, their li>es ha>e been one of aspiration appropriateness of early action in order that in response to the invita­ tion of the Government of Ecuador the Government of the United and hope, their efforts have made the West what it is to-day, States may be enabled fittingly to participate in the exposition which and without them the West would be a punting ground and a is to be opened at Quito on An~.nist 10, 1909, in celebration of the waste. hundredth anniversary of the independence of Ecuador. This will be ~mr first opportunity to join with one of our sister American Republics The West invites them. The West wants them. The West m commemorating and honoring a centennial which in the annals of can use them. The West can furnish homes for them. The each Republic of the Amerkan hemisphere is the most cherished. The recommendations of this report havl! my hearty approval. and home is the greenest of green spots. Gentlemen, let this meas­ I hope that the Congress will see fit to make timely provision to enable ure pass. [Applause.] the Government to respond appropriately to the invitation of the Gov­ Mr. HENRY of Texas. Mr. Speaker, having examined the ernment of Ecuador· in the sending of a commissioner and a Govern­ amendment, which seems to be entirely proper, I do not wish to ment exhibit, and in the erection of a building at this eKposition. THEODORE ROOSEVELT. make any objection to the passage of the bill. THE WIIITE HOUSE, Janttary 13, 1908. The SPEAKER The question is on agreeing to the amend­ REVISION OF CRIMINAL CODE. ment. The question was taken, and the amendment was agreed to. Mr. l\fOON of Pennsylvania. l\Jr. Speaker, I now move that The SPEAKER. The question now is on the engrossment and the Il{)use resolve itself into the Committee of the Whole third reading of the l;>ill as amended. House on the state of the Union for the further consideration The bill was ordered to be engrossed and read a third time, of the bill H . R. 11701. read the third time, and passed. The motion was agreed to. On motion of Mr. GnoNN.A, a motion to reconsider the last vote The House accordingly resolved itself into the Committee of was laid on the table. the Whole House on the state of the Union for the further co_nsideration of the penal codification bill, with Mr. BANNON MESSAGE FROM THE SEN .ATE. in the chair. .A. message from the Senate, by Mr. PARKINSON, one of its The Clerk read as follows: secretaries, announced that the Senate had agreed to the amend­ SEC. 22. If two or 'more persons in any State, Territory, or District orf consph·e to prevent, by force, intimidation, or thi·eat, any person from ment of the House of Representatives to joint resolution the accepting or holding any office, trust, or place of confidence under following title: the United States, or from discharging any duties thereof; or to in­ Joint resolution (S. R. 1) amending an act relative to the duce by like means any officer of the United States to leave any State, 1, 1907. Territory, District, or J?lace where his duties as an officer are required public printing and binding, approved March to be performed, or to mjure him in his person or property on account The message also announced that the Senate had passed with­ of his lawful discharge of the duties of his office, or while engaged in out amendment bill of the following title: the lawful discharge thereof, or to injure his property so as to molest, H. R. 194. An act to authorize the county of St. Francis, interrupt, hinder, or impede him in the discharge of his official duties, each of such persons shall be fined not more than $5,000 or imprisoned in the State of Arkansas, to construct a bridge ac1:oss St. Fran­ not more than six years, or both. cis River at or near the town of Madison, in said county and Mr: DE ARMOND. Mr. Chairman, I would like to ask the State. gentlemen who ha>e this bill in charge something about the SEN .ATE BILL REFERRED. change made in this provision, which I understand is also made Under clause 2, Rule XXIV, Senate bill of the following title in a good many others, namely, the elimination of minimum was taken from the Speaker's table and referred to its appro­ punishments. priate committee as indicated below: ~fr . .MOON of Pennsylvania. I did not hear the gentleman. S. 1192. An act to amend an act entitled "An act to amend Mr. DE ARMOND. I wish to ask somebody who knows section No. 2324 of the Revised Statutes of the United States, about this bill as to the elimination of minimum punishments. relating to mining claims-to the Committee on Mines and I understand that this policy runs all through the bill. Mining. Mr. MOON of Pennsylvania. Yes. COMMITTEE ON THE CENSUS. Mr. DE .A.R~fO:ND . I would like to hear about it. l\Ir. CRUMPACKER. Mr. Speaker, I ask unanimous consent Mr. l\fOON of Pennsylvania. I made a full discussion, Mr. for the present consideration of the resolution which I send Chairman, the other day upon that question. ·unfortunately, to the Clerk's desk. my voice is scarcely in a condition to speak very extensively 'I'he SPEA.KER. The Clerk will report the resolution. to-day. Does the gentleman desire to hear those arguments The Clerk read as follows: repeated? We have set forth in the report the reasons why Resol,;ed, That the Committee on the Census be authorized to have the committee recommended the abolition of minimum punish­ such printing and binding done as may be required in the transaction ments. of its business during this Congress. 1\lr. DE .A.Rl\fOND. ~1r .- Chairman, I do not believe this is a The SPEAKER. Is there objection? wise departure. 'l'here m;e gathered into this revision a large There was no objection. number of sections, some passed at one time and some at an­ The SPEAKER. The question is on agreeing to the resolution. other; some have been long in the statutes and some are com­ The question .was taken, and the resolution was agreed to. parti>ely new. Now, those who passed these various acts at JAMES W. NELSON. various times evidently were of the opinion that a minimum as well as -a maximum limit should be prescribed. The effect Mr. CRUMP.ACKER . 1\Ir. Speaker, I ask unanimous consent of this change is by wholesale to substitute the judgment, the that the Committee on Invalid Pensions . be discharged from varying judgment, of this or that Federal court for the delib­ further consideration of the bill (H. R. 11444) granting an erate judgment of the legislative body which enacted these increase of pension to ·James W. Nelson, and that that bill do various statutes. It is presumed that the Congre. s for good lie upon the table. reasons provided that in certain cases there should not be a The SPE.A.K.ER. Is there objection? less punishment than so and so. Now, what good reason can There .was no objection. there be for remitting all to this or that Federal court? There COMMITTEE ON THE DISTRICT OF COLUMBIA, is just as much reason for fixing a minimum punishment as Mr. SMITH of Michigan. 1\fr. Speaker, I ask unanimous con­ there is for fixing a maximum punishment, and the question sent for the consideration of the resolution which I send to the of uniformity, it seems to nie, has on this point no weight as Clerk's desk. . an argument. It is a notion of the Commission, reenforced, no The SPEAKER The Clerk will report the resolution. doubt, by views of judges of the Federal court, that it would The Clerk read as follows : be a desirable thing to have uniformity, which increases the Resol~;ed, That the Committee on the District of Columbia be author- power and the option of the Federal judges. ized to sit during the sessions of the House. These statutes are made from time to time. Congresses and The SPEAKER. Is there objection? the Members who compose them come and go. When a par­ There was no objection. ticular statute is passed and it is the judgment of those who The SPEAKER. The question is on agreeing to the resoluT enact it to fix a minimum punishment there is no reason why tion. a commission should revise and reverse that deliberate judg­ Tbe question was taken, and the resolution was agreed to. ment of the lawmaking body for the sake of uniformity, Now. 1908. CONGRESSIONAL RECORD-HOUSE. 647 as far as I am concerned, I woulq like to legislate in the direc­ or assurance that he shall be punished but lightly. It may be tion of giving the Federal judges just as little option as possible, that we would gain something in convictions that way. Yet and nothing beyond necessary powers. [Applause on the Demo­ there is no good reason for it. cratic side.] Danger lies in the abuse of power by Federal I am aware that a number of the Federal judges are in favor judges and Federal courts-in the abuse of discretion by of this change. Every man lo-.es power, and a man does not them-and this legislation tends to increase their power and lose that characteristic when he goes upon the Federal bench. control, not directly over the persons who from time to time By putting this power in the hands of the Federal judge he may be placed upon trial in the courts, but o>er the body might make the punishment so light as to be a travesty on jus­ of the law itself. Why, in this section, for instance, the origi­ tice; a laughing matter, if you please. But somebody suggests nal section 5518, now in the statutes as we ha>e-- that he will not do that, and that no harm will be done. How [Here the hammer fell.] are they to be better judges of what should be law than the Mr. DE ARMOND. Ur. Chairman, I ask some additional lawmaking body? This is a part of the lawmaking power. time. "W'!ly not reruoye also the maximum punishment, if you give The CHAIRM~~. How much time does the gentleman de­ jurisdiction to the judges to impose light and trivial punish­ sire? ment for what the legislative body deems a grave and serious Mr. DB ARMOl\TD. I would like five minutes. offense? Why not give them jurisdiction to impose an adequate The CHAIRMAN. The gentleman from Missouri [Ur. DE punishment, extending as high :md as far as the merits of the ARMoND] asks unanimous consent for additional time of five case warrant? Why make a change as to the minimum and minutes. Is there objection? not as to the maximum? The reason for one is a reason also for hlr. PAYNE. Does the gentleman offer any amendment to the other. A reason for the remoyal of one limit is an equally. the section? good reason for the removal of the other. The CHAIRMAN. The gentleman has not done so. The CHAIRMAN. The time of the gentleman has expired. Mr. PAYNE. Then the whole debate is out of order. Does the gentleman withdraw the pro forma amendment? The CHAIRMAN. There was no objection made. Mr. DE AR.M01\iD. I propose to offer an amendment for hlr. DE ARl\101\"'D. hlr. Chairman, I move to strike out the this punishment provision. last word. The CHAIRMAN. The Clerk will report the amendment of­ Mr. PAYNE. 1\fr. Chairman, I think we had better proceed fered by the gentleman from .Missouri [Mr. DE ARMOND] . in order. The Clerk read as follows : .l\lr. DE ARl\IO~TD . I would like to oblige by being in order. Amend section 22 by striking out all afte1· the word "persons," in line 24, and inserting in lieu thereof the words " shall be punished I move to strike out the penalty affixed in this section and by a fine of not less than $500 or more than $5,000, or by imprison­ restore that which was in the original law. ment not less than six months nor more than six years, or by both 1\fr. MOON of Pennsylyania. Which section does the gentle­ such fine and imprisonment." man refer to? Mr. DE ARMOND. And I desire to insert also the words Mr. DE ARMOND. We are now upon section 22, as I under­ " with or without hard labor." stand. Mr. WILLIAMS. 1\fr. Chairman, I am very sorry to feel The motion is to strike out what this Commission has put compelled to oppose the amendment offered by the gentleman in by way of amendment with reference to penalty and insert from 1\.I l\!souri [Mr. DE ARMOND], but I shall give my reasons what is now in the law. very briefly for the opposition. - The CHAIRMAN. The gentleman from Missouri moves to In the fu·st place, I do not believe, as a general principle, in strike out what is provided in the section and insert in lieu limiting the power of the court in the direction of mercy in fix­ thereof what is provided for in the original law. The Chair ing a penalty. thinks the amendment of the gentleman should be reduced In the second place, Mr. Chairman, this statute is one of the to writing. few remaining relics of reconstruction times. It was put upon .Mr. DE .A.RlUOND. Very well; I will have it written up and the statute book to meet the Kuklu:x: conditions of those davs. send it to the desk, and to save time, if I may be indulged-­ It really ought not to be upon the statute book any longer. The The CHAIRMAN. If the gentleman desires to proceed, he occasion of it having passed, the statute ought to have passed can do so on the pro forma amendment. with the occasion. If the provision as reported by the com­ Ir. DE ARMOND. Very well; we shall have a discussion mittee in the bill now pending before the House be adopted, on the pro forma amendment, then. then in case of proceedings under the law the man who is be­ Mr. Chairman, as this policy runs through this bill, this is fore the court may be fined as little as 25 cents or a dollur, and a matter that is worthy of some consideration at this point. he may be imprisoned as short a time as one hour or one day. Now, I do not propose to criticize the Commission, but I do If the motion of the gentleman from :Missouri shall prevail, believe that the Commission took upon itself a tolerably im­ then the court will be compelled to fix a fine of not less than IlOrtant function when it went into the business of changing $500, and will be compelled to fix an imprisonment, if it fixes eyery atom of criminal statute with reference to minimum pun­ any imprisonment at all, of not less than six months. So that ishments provided by existing law. It was suggested the other so far from the proposition of the Commission being a propo­ day, when sections 10 and 20 were under consideration and sition to do away with a minimum punishment, the proposition amendments were offered, that it is a serious thing to endeavor to of the amendment is to do away with a minimum punishment break in upon this revision by offering new provisions, and yet and fix a heavy fine that must be levied as a minimum, and this revision is absolutely full of new provisions, and, as to a grave imprisonment that must be inflicted as u minimum. this particular matter, very important. It will be in the power For these reasons it seems to me that the amendment ought of the judge of the lPederal court if the minimum punishment to be defeated. be abolished to impose a fine of 1 cent, or imprisonment for I think we have had ,enough of this old anti-Southern legis­ one second, and make a farce out of the law. It is not very lation. 1\Iy own opinion is ·that section 22 ought to be stricken long since there was a.. happening in Nebraska which I think out, and that a motion to strike it out ought to be made; and at fully illustrates a possibility of this kind of legislation. There the proper time I shall make that motion, without any further was a conviction there and a punishment merely nominal was argument of it than that which I have now made, to wit, that iml)osed, and was permitted, I ·suppose, in that particular case, it is a relic of reconstruction and sectional-hatred times, and by the law applicable, no minimum being fixed. Now, we are that it ought to puss with the conditions that gave rise to it. about to provide that policy for all Federal offenses. I do not But if it is to remain on the statute book, then, speaking for think it ought to be done. It may be that sometimes the mini­ my section and for my people, I want it to remain possible, as mum is wrong and the maximum not the wisest and best. . But the Commission's report makes it possible, for the court to be certainly it is well enough when these are matters which go to lenient in the sentencing of the defendant. the liberty and property rights of a citizen, meaning, maybe, com­ The CHAIRMAN. The question is upon the amendment of parative affiuence or beggary, that there be some kind of legis­ the gentleman from Missouri [Mr. DE ARMOND] . lative judgment exercised in the matter. Now, there is the The amendment was rejected. judgment of the lawmaking body that certain offenses should Mr. WILLIAMS. Mr. Chairman, I now move to strike out not be punished by less than some minimum fine or imprison­ section 22. ment. Why take that away entirely and submit it to this or that The question being taken on the motion of Mr. WILLIAMs, on judge, here, there, and everywhere, now and for the future? a division (demanded by Mr. WILLIAMs) there were-ayes 92, This seems to me to be a bad legislati-ve proposition which ought noes 107. not to find support here. It may bring convictions; but what Mr. WILLIAMS. .Mr. Speaker, I ask for tel.Iers. of that? A man may be coerced into a plea of guilty to es­ Tellers were ordered, and the Chairman appointed Mr. l\IooN cape present bankruptcy, by. holding out to him an intimation of Pennsylvania and Mr. WILLIAMs, 648 CONGRESSIONAL RECORD-HOUSE. JANUARY 13,

1\Ir. WILLIAMS. Mr. Chairman, I ask that the gentleman 1\fr. MOON of Pennsylvania. The gentleman says "and for from Ohio [Mr. ANSBERHY] may act in my place. that purpose only." The CHAIRl\IAN. The gentleman from Ohio [Mr. .A.Ns­ 1\Ir. WEBB. Yes. nERRY] will act in the place of the gentleman from l\IississippL The OH.A.IRl\IAl~. The Chair hears no objection. The ques­ The committee again divided, and the tellers reported-ayes tion is on the motion of the gentleman· from North Carolina 114, noes 12D. ' that section 21 be amended by inserting the word "willfully" Accordingly the motion of Mr. WILLIAMS was rejected. in line 2, page 13. 1\Ir. WEBB. l\Ir. Chairman, I ask unanimous consent to re­ The question was taken, and the motion was agreed to. turn to ~ection 21 for the purpose of offering a slight amend­ The Clerk read as follows: ------ment, which I think the committee will accept. SEc. 23. No citizen possessin"' all other qualifications which are or may be prescribed by law shail be disqualified fot· service as grand - The CHAIRMAN. The gentleman asks unanimous consent or petit juror in any court of the United States or of any State ·on to return to section 21 for the purpose of offering an amend- account of race, color, or previous condition of servitude ; and any ment to that ·section. • officer or other person charged with any duty in the selection or sum­ l\1r. PAYNE. I object. moning of jurors who shall exclude or fail to summon any citizen for the cause aforesaid shall be fined not more than $5,000. 1\Ir. WILLIAMS. 1\Ir. Chairman, I ask unanimous consent that the gentleman from North Carolina may state what his l\Ir. BARTLETT of Georgia. Mr. Chairman, I move to amendment is. aniend by striking out, on line 4, page 14, of the section, the The CHAIRl\I.AN. The gentleman from Mississippi asks words "or of any State." unanimous consent that the gentleman from North Carolina The CHAIR~IAN. The Clerk will report the amendment. may be permitted to make a statement as to what his pro- The Clerk read as follows: • r c:::ed amendment is. Is there objection? Page 14, line 4, strike out the words " or of any State." Mr. PAYNE. l\Ir. Chairman, I do not know why we should Mr. BARTLETT of Georgia. Ir. Chairman, I think this not go on with the bill. "hole section ought to be stricken. .As I said on Saturday, The CHAIRl\L~. N. Objection is maQ.e. it is a relic of the legislation of the reconstruction period and l\Ir. DE .AR~IOND. Mr. Chairman, I offer the following was passed when the feeling between the North and the South amendment. "as very bitter. We have lived to see the day when that The Clerk read as follows : feeling has passed away and when there is no lon&er any neces­ Amend by striking out the word "five," in line 24, and inserting the sity for the maintenance upon our statute books of these bar­ word "one;" a.nd by striking out the word "six," in line 25, and in­ baric sections, but if those who differ with me desire that this serting the word " one:" section or any part of it shall remain to control or regulate or 1\fr. DE .A.Rl\IOXD. Mr. Chairman, that amendment, if punish the commissioners or officers authorized by law to select adopted., would make the fine $1,000 instead of $5,000 and the jurors in the Federal courts or in the Territories or other term of imprisonment one year instead of six years. That is _places over which Congress has exclusive jurisdiction, I am all there is to it; it reduces the maximum fine from $5,000 to content for it to remain. But it does occur to me that in this $1,000 and reduces the maximum imprisonment from six years enlightened period it is contrary to all the doctrines of this · to one year. I do not care to say anything more about it· I Republic and the rights of the States to say that the commis­ think it ought to be adopted. ' sioners or officers of the State who select jurors for the trial The CHAIRMAN. The question is on the amendm~t offered of cases in the State courts shall be subject to a fine or punish­ by the gentleman from Missouri. ment because of the alleged violation of a section like this. The question was taken, and on a division (demanded by l\Ir. l\Iy State, and I know there are quite a number of States which DE ARMOND) there were-ayes 104, noes 123. have similar laws, has a con titutional provision with reference 1\Ir. DE ARMOND. I demand tellers. to the selection of grand and traverse jurors. The commis­ '.fellers were ordered, and the Chair appointed as tellers Mr. sioners are selected by the judges of the superior court, the MooN of Pennsylvania and Mr. DE ARMoND. highest court known to our law except the supreme court, The committee again divided, and the tellers reported that and our constitution requires them to select from the tax list there were-ayes 107, noes 118. "upright and intelligent men" for the travers jurors and "up­ So the amendment was rejected. right, intelligent, and experienced men" for grand jurors. Mr. WEBB. l\Ir. Chairman, I move to strike oirt the last Yet, if the provision with reference to officers of the State re­ four words of section 22. A moment ago I asked unanimous main on the statute books, it either must r emain to be ob olete consent to return to section 21 to insert as an amendment after or disregarded, as it now is, or must stand there as a menace the word "custom" in line 2 the word "willful." I think the to the officers Df the State in carrying out the demands and committee would agree that that should be put in because, requirements of the constitutions of the various States. So, mark you, the statute does not apply to the South alone, but :Mr. Chairman, I have made the motion to strike from this pro­ to any judicial officer, any magistrate in the United States who vision the requirements that if any officer shall exclude from makes a mistake in construing the State law. A mere violation the jury box of a State court a colored man he shall be pun­ by making an error makes him guilty under this statute. Every ished. Let us leave it to the -judgment of the State as to the one would agree that a severe penal statute of this sort ought right to conduct the business in the State court, as it has been to have a proposition that the offense should be committed will­ reserved to them under the Constitution of the Unitetl States. fully, intentionally, or knowingly. You find the word "will­ It occurs to me, :Mr. Chairman, that in this day, ·when we are fully " in section 54 and you find the word " knowingly " in fast tending to centralization of all power in the General section 59. Government, it is well for us to strike from this section this Mr. MOON of Pennsylvania. Mr. Chairman, the committee prov5sion, which makes it a felony for the officer. of the · State has no objection to the insertion of the word " willfully " in in selecting jurors for the h·ial of cases in the State courts to section 21, as the gentleman proposes. fol1ow the State laws. I therefore move to strike out those Mr. WEBB. Then, l\Ir. Chairman, I ask unanimous consent words that I have indicated, and I hope that we may relegate that the word "willfully" may be inserted after ~he word "cus­ it, with the bitterness from which it sprang, to the dead and tom" in line 2 of section 21, page 26, and the committee agree forgotten past. [Applause on the Democratic f'ide.l to it. 1\lr. HARDY. 1\lr. Chairman, I wish to say that in making The CHAIRMAN. The gentleman from North Carolina this talk I desire to appeal to the gentlemen of the committee, be­ should first obtain unanimous consent to return to section 21. cause I believe that there are level-headed men on the other side 1\fr. MOON of Pennsylvania. I should object to that, Mr. of this House, men who are not here for the purpose of making Chairman. formal objections, or for political effects, and I believe there are Mr. WEBB. I do not want to make that request, I ask men here who rise to the patriotism of a Corporal Tanner or of unanimous consent to insert it. a William McKinley. I had intended to make just the motion The CHAIRMAN. The Chair rilles that the gentleman must which the gentleman from Georgia [Mr. BARTLETT] has made, first obtain unanimous consent to return to section 21 before but I have changed it to a motion to sh·ike out section 23, which the amendment can be proposed. makes it a crime against the United States for any officer hav­ Mr. WEBB. I understand that we can do most anything by ing to do with the selection of jurors in State or Federal courts unanimous consent, and if no one objects to my request I do to be influenced in such selection by the race, color, or previous not see why it should not be enacted. condition of servitude of a citizen. Before I urge any reason The CHAIR~IAN . Does the gentleman from North Carolina for that motion I want to say that if the position, in substance, ask unanimous consent to. return to section 21 for the purpose of the gentleman from New York is to prevai1, it will be an­ of making an amendment ·by inserting the word "willfully'' other evidence that love of freedom is giving way to the de­ after the word " custom " in line 2, page 13? · mand for expediency. I do not believe that a motion to amend Mr. WEBB. Yes; and for that purpose only. or strike out any section of this bill is any attack on the pa- 1908. . \ CONGRESSIONAL RECORD-HOUSE. 649 ------.r------~------triotism or ac 'on of tpe committee which ·reported it. Perhaps This law was only intended to affect the South. It has no they did well to report it as it is. place on the Federal statute books. It seeks to go into the very I do not think so, but I believe they thought so. If they were sanctuary of the State courts and tell them how they shall appointed to collate and digest existing laws, they should have select their juries and enforce their laws. done so and made no change in existing law; but this is not You can not enforce it. We have no laws by which a negro is true, because it is a bill to revise and amend the penal laws of excluded from jury service or from any social or legal right. the United States, and they have seen fit to make certain We do not need, we do not want such laws. We only want that, changes and to report to us a complete code, which they ask us with the constitution of our own States as well as the Con­ to adopt, section by section. Yet they insist that we ought not stitution of the United States guaranteeing to the negro every to try to correct this code in passing it, but ought to pass it, legal right, we be left alone to work out the joint destiny of right or wrong, now. That if it contains sections that are relics the white' man and the black man in the South as God shall of a generation gone and a period of sectional animosities and give us wisdom; and we will not treat him worse than you war-time issues, or that are subversive of liberty and contrary would were you there. to the conscience of the individual Member, nevertheless we Kow, I appeal to you to help us bury the past, not by telling ought to vote for each section as it is read, because it is a us to forget it and break up the solid South, but by actions part of the code-it is a part of the law as it now stands, and it that show we are one. Politically you might lose a few colored w~uld take too long to go through the whole code.and vote con­ votes in the Korth by striking out this section, but I do not sCJlentiously for or against each section. If a more farcical think you will, for the negro is as prone to go to you in politics comedy was ever rehearsed in a law-making body than was had as he ·is to come to us in trouble. [Applause and laughter on o1er section 20 last Saturday, it would be worth dramatizing. the Democratic side.] That section was actually defended by no one. The gentleman 'l'he CHAIRUAN. The time of the gentleman has again from l\Iaine [Mr. LITTLEFIELD] said if it meant what it was expired. afterwards conceded to mean, it was unconstitutional and could Mr. HA.RDY. .Mr. Chairman, I ask unanimous consent to do no harm, and on that ground, for a while, he defended it. proceed for fi>e minutes more. After it was shown that it might likely be constitutional he The CHAIRl\IA.N. Is there objection? ceased to defend it. Others m;ged its retention to save time of Mr. DALZELL. I object. discussion; and the section stands, on the vote of numbers of Mr. SHERLEY. Mr. Chairman, I do not rise to oppose Members who seem to be opposed to it in principle. In fact the either the amendment offered by the gentleman from Georgia gentleman from Illinois [Mr. MANN] declared that on a sepa­ [Mr. BARTLETT] or the amendment snggested by the gentleman rate bill for that purpose he would vote to strike out that sec­ from Texas [1.\fr. HARDY]. I do ari e, however, for the pur­ tion. This code, he says, must be passed section by section, but pose of putting my position as a member of this committee not with care to be right. We must pass it and adopt it prac­ right before the Committee of the Whole House, and, as I be­ ticalJy with all its defects and whatever iniquities the present lieve also, to properly present the views of the other members laws may have. · l\lr. President, whatever is worth doing is of the committee. worth doing well, is worth doing right. I for one have never taken and never shall take the position l\Ir. Chairman, whenever a Member of this House urges the that because a committee reports a bill to a Committee of the adoption of a measure that may destroy freedom because the Whole House that no amendment or perfection of that bill House hasn't got time to correct it, or it would take too much ought to be had, or that the House should accept the work of time to correct it, he is losing that love of liberty which in my that committee absolutely. That, carried to its logical result, section stands above all other political loves, and which Pah·ick would authorize the House to dispense with the reading of Henry once placed higher than love of life. I do not know what the bill in the Committee of the Whole and to pass it as it others may thiiik, but as for me, I think there is no time too carne from the special committee reporting it. l\ly position is long for me to take before I cast a vote to rivet a chain or simply this: That an amendment looking to the perfection of bind a fetter upon a freeman. the text or looking to the elimination of any section is a proper The CIIAIRl\IAN. The time of the gentleman has expired. amendment to be. considered by the Committee of the Whole, Mr. WILLIAMS. I ask unanimous consent that the gentle- and I shall never, for one, object to the consideration of any man have five minutes more. amendment of that sort. On Saturday I did criticise certain The CHAIRMAN. Is there objection? amendments because I did not think they were properly within There was no objection. the scope of this bill and did not properly pertain to the section l\lr. HARDY. Mr. Chairman, you adopt this code under the then nnder consideration. That is always a question upon which pleasing fiction that with separate single bills you can correct men may differ; but I do not want any Member of this House with ease its iniquities, and you are walking in a fool's paradise. to .believe that I have the egotism to think that the work of a I fear there is a deathlike sleep for many a bill of worth and committee that I am a member of is of such excellence that it merit affecting more people than many of these sections do, in could not be improved and should not be improved by members the waste basket of committees. Bills, too, that could they of the Committee of the Whole. but reach a vote would pass this House. Vote for a law tru t­ Mr. BARTLETT of Georgia. 'l'be gentleman has certainly ing to repeal it later? Hold out my bands to be voluntarily misunderstood me if be bas gathered from anything that I have bound, trusting to be released after I am in prison? Not while said concerning any amendment that I ha1e criticised him in I love liberty and right. You have clothed, so it is said, the any way. Speaker with dictatorial power. and placed all legislation in .Mr. SHERLEY. I have not misunderstood the gentleman the bands of a few committees. I fear we have forgotten the from Georgia, and I am not referring to anything the gentle­ lesson that eternal vigilance is the price of liberty. :Kow, l\Ir. man from Georgia [l\Ir. BARTLETT] said, but the gentleman Chairman, I come to this section 23. It bears on its face the from Texas [Mr. HARDY] stated that he thought the argu­ earmarks of its origin. It was the outgrowth of those bitter ments that had been made in regard to leaving the bill as it years when the South lay prostrate in the ashes of desolation, came from the committee were of that nature and were not when the iron heel was on her neck and the iron hand was at valid arguments. I do not think the committee intended to her throat,"and the unctuous righteousness and mistaken zeal of convey any such impression. It would be monstrous if we the victorious forces of one section of this great la~d were should say to the Committee of the Whole: "You must accept seeking to place an untutored race of former slaves in authority this bill and get through with it and pass it as we brought over their own brethren of another section and to force an it to you." What we do ask is that every Member shall, in the unwilling association of a proud people with · a race they re­ consideration of this bill, deal with it and with us frankly, and garded as inferior. whenever an amendment looks to the perfecting of the bill, or For forty years this law has been on the statute books, and to- the elimination of sections that ought not to be kept, I for · to what end save ends of bitterness? It has been a law that one will be glad to have the fullest advice of all the membership every white State judge, sheriff, or jury commissioner in the of the Committee of the Whole; and I want to say this in S

Mr. WILLIA~S. I will. colored man. No statute of the State of Texas or any other Mr. HEPBUl:N. Does a citizen of the United States have Southern State deprives him of the right to serye on jurie~ but the right to a tria-l by a jury of his peers? this law goes into the State court to help the State court ad­ Mr. WILLIAMS. Yes; he has. minister the State law, and that is the iniquity of it. Mr. HEPBURN. That is one right, isn't it? If you will read this law you will see that it is not intenitude; but this motion is made because section tion of this bill, I do not support every section of the 342" sec­ 23 does not establish the right in question. That right is tions reported. I do not approve them all. I have demonstrated established by the amendments to the Constitution adopted my position on this by voting in favor of amendments that have after the war. No State can deprive one of that right, but this been offered to this bill to strike out these sections of law en­ section seeks to take the hand of the Federal Goyernment and acted in the reconstruction days, known as the "civil rights go to the State court and there probe the consciences of the bill," or parts of it. I shall do so again when amendments State officers and to declare a penal offense--if any officer of the meet my approval, notwithstanding the fact that I haYe signed State has, in the opinion of the Federal official, in his secret this report and have submitted no minority report. It could motive and purpose been influenced in his selection or non­ not be expected that a minority report could be made upcn selection of jurors by the fact that a man is· colored or white. every proposition that any Member might not indorse on all the In other words, this law does not establish any right of the 342 sections. 652 I CONGRESSIONAL RECORD-HOUSE. J AN·(JlLRY 13, ------.------~------J\Ir. SIMS. Mr. Chairman, I would like to ask the gentleman The question was taken, and the motion was n.greed to .. a question. Mr. BARTLETT of Georgia. .;\fr. ChairmaL, I want to say The CHAIRMAN. Does the gentleman yield? one word in reference to this criticism tha has been maue by .Mr. HO STON. With pleasure. the gentleman from New York [::Ur. D&rscoLL] and the gentle­ 1\Ir. SIMS. Mr. Chairman, I fully appreciate the position man from Iowa [Mr. HErBURN] upon the effort some of ns are of the gentleman and what I am going to ask is meant in no making to amend this bill. The idea that it is too sacred to be unkindly spirit. Members of the committee have a right to amended will all be dispelled if we read the title of the bill. first recognition, and the minority members, and especially The title of the bill is "To codify, revise, and amend the penal those who come from the South, would add weight to these laws of the United States." The purpose of this bill is to amend amendments if they would make them themselves. That or repeal the laws of the United States, and we are simply: would indicate to us that we are not antagonizing the com­ exercising a prerogative which we ha-ve anyhow and which we mittee. ha1e under the very title of the bill. Mr. Chairman, I thlnk I :Mr. HOUSTON. I am very glad, Mr. Chairman, that that can not do anything better to illustrate my objection to this sug"'estion has been made. It brings to my mind a thought provision than to read the language of a celebrated Democratic much emphasized by the present turn of affairs. That thought judge of the Supreme Court of the United States when one of is that I doubt verY. much the wisdom of offering some of the the e like provisions was before the court for decision. I refer amendments that have been offered to this bill. I doubt very to the opinion of Justice Field in the celebrated case of Ex much the good that will be accomplished. The discussion on parte Virginia (100 U. S. R., 36D-370). These are his words: the :fl.oor of this House of these measures can do no good, can Those who regard the independence of the States in all their re· accomplish no good purpose. Yet when these amendments are served powers-and this includes the independence of their legislative, judicial, and executive departments-as essential to the successful offered they call for the independent and honest action and maintenance of our form of government, can not fall to view with the >ote of every Democrat and Republican upon this :fl.oor upon gravest apprehension for the future the indictment in a court of the each independent proposition. So I say it is a question of United States of a judicial officer of a State for the manner in which he has discharged his duties under her laws, and of which she makes doubt in my mind whether it is wise to offer amendments that no complaint.. The proceeding is a gross offense to the State; it is an bring up a di cussion of this nature, that stir up party preju­ attack upon her sovereignty in matters over which she has nHer sur­ dice and excitement and bitterness which had better be let I"endered her jurisdiction.. The doctrine which sustains it, carried to its Joo-ical results, would degrade and sink her to the level of :.t mere alone and let sleep-especialJy in view of the fact that no harm local municipal corporation, for if Congress can render an officer of a is being done by any of the e statutes. Their fangs ha-ve been State criminally liable for the manner in which he dischar.~es his duties drawn from them by judicial construction and by conditions undet· her laws, it can prescribe the nature and extent of me penalty to that are natural among free men. This J?articular section that which he shall be subjected on conviction; it may imprison him for life or punish him by removal from office. And if it can make the exclusion we are now considering is a dead letter, so to speak, and for of persons from jury service on account of race or color a criminal that reason I shall -vote for the amendment offered by the offense, it can make their exclusion from office on that account also gentleman from Georgia [l\Ir. BARTLETT] to strike it out, be­ criminal; and, adopting the doctrine of the district judge in this case. the failure to appoint them to office will be presumptive evidence of cau e I believe it unwise to keep upon the statute books laws their exclusion on that ground. To such a result are we logically led. that are not• enforced. There is nothing that so much breeds The legislation of Congress is founded and is sustained by this court, disrespect and disregard for the law as statutes on the statute as it seems to me, upon a theory as to what constitutes the equal pro­ tection of the laws, which is purely speculative, not warranted by any books that are not obeyed and not respected. experience of the country, and not in accordance with the understanding 1\Ir. HARDY. Will the gentleman yield for a question? ~~ethdo~~J~e~~.to the meaning of those terms since the organization of 1\Ir. HOUSTON. Certainly. Mr. HARDY. If we were to go along without voting against Mr. Chairman, this statute, which was denounced by a judge these amendments, would it not in future be brought up against of the Supreme Court of the United States in 1875, ought to-day us, as the gentleman from New York just now quoted, or the receive the same condemnation at the hands of the Congress of gentleman from Pennsylvania [1\Ir. MooN]-would it not be the United States. It should go to the regions of the past and said that we Democrats had voted for these measures when be relegated simply as a memory of those dark and unfriendly the Democrats in a majority Congress might seek to repeal days which disgraced this great Republic. [Applause.] them hereafter? 1\Ir. DRISCOLL. Mr. Chairman, I rise to oppose this special Mr. HOUSTON. If that be true, we would be furnished with amendment. I ha1e been opposed to all the amendments which an ample reason for our course in not so raising the question ha-ve been offered, and will be opposed to any material amend­ and precipitating a partisan discussion when we are utterly un­ ments which may be offered to this chapter, for I am aware able to carry our point and might defeat our whole work of there are gentlemen on this :fl.oor who are strivinol, and who reyision. Just as the course which has just been referred to will stri-ve, to eliminate section by section, and piecemeal, the was justified by conditions then existing, just so can we justify pro1isions of these ten sections from the nineteenth to the twen­ our course in not raising these questions now. ty-eighth, inclusi--re, which were enacted for the purpose of l\Ir. HARDY. Then hereafter we would be put upon the de­ enforcing the fifteenth amendment of the Federal Constitution. fensive and made to explain our actions. The gentlemen who faYor this particular amenllment are, in Mr. HOUSTON. Whenever the time comes, and I hope and my judgment, mistaken in their construction of this section, tru t it will soon come, when we will be responsible for legis­ which reads as follows : lation on this and all other subjects, then we will have no SEC. 23 .. No citizen posses ing all other qua.lifications which are or trouble in explaining and defending what is right. may be prescribed by law shall be disqualified for service as grand or petit juror in any court of the United States, or of any State, on ac· The CHAIRMAN.- The time of the gentleman has expired. count of race, color, or previous condition of servitude; and any officer 1\Ir. MOON of Pennsyl,ania. Mr. Chairman, I move that all or other person charged with any duty in the selection or ummoning debate on this section and amendments thereto cease in five of jurors who shall exclude or fall to summon any citizen for the minutes. cause aforesaid shall be fined not more than $5,000 .. .Mr. BARTLETT of Georgia. Make it ten minutes. I would It does not provide that the United States shall formulate and like to have three minutes of that time. lay down laws and regulations for the qualification of jurors 1\Ir. 1\IOON of Pennsylvania. WPJl, let us· go on and then in the e1eral States, but it does provide that when States do you may ask for unanimous consent. enact laws and formulate rules and regulations for the qualifi­ Mr. BARTLETT of Georgia. I understand the gentleman to cation of jurors there shall be no discrimination on account of withdraw his motion just now? race, color, or previous condition of servitude. It was inte:1ded Mr. ~lOON of Pennsyl-vania. I want to say to the gentleman to protect negr o citizens against unfair treatment on the part from Georgia that I do not want to use any of that time myself. of white citizens. In fact, all these nine ections were 11Iuced The gentleman can have it. on the books for the purpose of protecting black men in the Mr. BARTLETT of Georgia; But the gentleman from Penn­ ts gi1en them by the fifteenth article of our Constitution. sylvania can not gire it to me. hese ten sections of the proposed codification, from lD Mr. MOO~ of Pennsylvania. I do not want it myself. 28, inclusive, were, as the title of thi chapter indieates, 1\Ir. BARTLE'l"'T of Georgia. Mr. Chairman, I ask that the enacted for the protection of citizens in their political nud g ntleman withholn. it for fh·e minutes. civil rights. They were passed in rather strenuous times Mr. LI'l'TLEFIELD. The gentleman can take the :fl.oor in and immeiliately after the adoption of the fifteenth amendment his own right. to the Constitution. They were supplemental to that amend­ l\Ir. MOON of Pennsylvania. 1\Ir. Chairman, I move that the ment and were intended for its enforcement. It is also 11rob· motion read ten minutes instead of five minutes. able that in the minds of the men who drafted these sections The CHAIRl\IAJ,. Is there objection? they were to have special and local application, because the There was no objection. need of them was local, and, judging from the source from The CHAIH.MA...... ~ . The question is on the motion of the gen­ wllich the op_position to them comes now, they were correct in tleman from Pennsyl\ania [Mr. 1\looN]. their views. 1908. CONGRESSIONAL RECORD-HOUSE. 653

Section 19 provides for the punishment of bands of conspira­ Mr. BARTLETT of Georgia. Division! tors who, by ·violence or intimidation, preyent colored citizens The committee divided, and there wer~ayes 61, noes 83. · from ~oting. Mr. BA.RTLETT of Georgia. Tellerst Mr. Chairman. Section 20 provides for the punishment of those conspirators Tellers were ordered. who commit muTder, II,lansfuughter, or other crimes in their The CHAIRMAN. The gentleman from Georgia [Mr. BART­ efforts to pre~ent those colored citizens from voting. LETT] and the gentleman from Pennsylvania [Mr. MooN] will Section 21 provides that colored people shall be accorded the take their places as tellers. same rights and privileges before the la. w as other people. The committee again divided, al\d tellers reported-ayes 77, Section 22 provides for the protection of negro officers in the noes 93. service of the United States in the discharge of their official So the motion was lost. duties. Those who conspire to prevent them from accepting or Mr. DRISCOLL. I ask unanimous consent to extend my re­ holding such offices and those who terrorize them and dTiYe marks in the RECORD. them from their positions and homes shall be punished. The CHAIRMAN. Is there objection? [After a p~use.] Section 23 was intended to protect colored citizens in their The Chair hears none. right to sit on grand and petit juries; not that the United 1\fr. HARDY. Mr. Chairman, I move to strike out the entire States Government should prescribe the qualifications of jurors, section. but the States having prescribed the qualifications, there '.rhe CHAIRMAN. The gentleman from Texas offers an should be no discrimination against colored citizens. amendment which the Clerk will report. Section 24 provides for the punishment of any and every The Clerk read as follows : military, nantl, or civil officer of the United States who orders Strike out all of section 23. troops or armed men to election places, except such as are The question was taken, and the motion was rejected. necessary to repel armed enemies of the United States or to The Clerk read as follows: keep peace at the polls. It looks as if this was intended for the SEC. 24. Every officer of the Army or Navy, or other person in the protection of whites as well as blacks in their right to Tote. civil, military, or naval service of the United States, who orders, brings, keeps, or has under his authority or control any troops or Sections 25, 26, and 27 are to the same effect as section 24 armed men at any place where a general or special election is held in and are amplifications of it. The purpose of all these sections any State, unless such force be necessary to repel armed enemies o! was and is to protect all legally qualified citizens in their right the United States or to keep the peace at the polls, shall be tined not of suffrage and to secure for them a fair vote and honest count. more than $5,000 and imprisoned not more than five years. Section 28 prondes for the further punishment of those found Mr. WEBB. Mt. Chairman, I desire to offer an amendment. guilty of the offenses prescribed in the preceding sections. The Clerk read as follows : Notwithstanding the general terms in which some of these After " polls," in line 15, add "when the President is called upon by sections are couched, the clear intent and purpose of them all the legislature of the State, if in session, or by the governor if the were to protect all qualified citizens, and especially colored citi­ legislature be not in session. zens, in their right to vote, and to protect legally appointed and 1\Ir. K.EIFER. I would like the Clerk to read the section as elected officers in the discharge of their official duties. The it would be amended. object of this particular legislation is so manifest that riders The Clerk read ·as follows: or amendments in the form of labor and industrial legislation, Insert after the word " polls," · in line 15, the following : which may be wise and good in themselves, should not be incor­ "When the President is called upon by tbe legislature of the State, if in session, or by the governor if the legislature be not in session ; " porated into it. Such legislation is not germane or pertinent. so that it will read: "To keep the peace at the polls, when the Presi­ It would mar the symmetry of this chapter and would give the dent is called upon by the legislature of the State, if in session, or by courts much trouble in its construction and application. the governor if the legislature be not in session." Why are certain gentlemen so determined that this chapter Mr. WEBB. Mr. Chairman, I assure the House that this be repealed, as a whole or in part? Simply because it has par­ amendment is not offered out of a spirit of resentment or rancor ticular application to ·their part of the country. It is claimed growing out of the cinl war. That war was fought forty-two that these sections should be repealed because they ha~e fallen years ago. Most of us younger men on this side of the House into innocuous desuetude, and it is urged that their recodifica­ were born after the fearful days of those unhappy times, and we tion will revitalize them. I admit that they have not been kept can not quite enter into some of the feeling displayed by some fresh and green and enforced in the vigorous manner expected by Members on both sides; and we do hope that that kindly feel­ the Congress which enacted this law. I admit they have been ing which is uniformly shown by Members on both sides of the e~aded, avoided, and broken times without number. I admit House in private c~nversation will manifest itself during the that if all the men who have transgressed these laws were discussion of these statutes. visited with very mild punishment an the jails in the country I ha~e offered this amendment, 1\Ir. Chairman, for the pur­ would not accommodate the prisoners. But what is true of pose of giling the legislature, the governor, or the President these sections is equally true of the fifteenth amendment to the if called ripon, an opportunity to have troops keep the peace Federal Constitution. According to that the right of citizens of at polls. Now, mark you, we will all agree that Federal troops the United States to vote should not be denied or abridged by would ha~e no right to keep the peace at the polls in the State the United States or by any State on account of race, color, or of my friends from Maine [Mr. LITTLEFIELD or Mr. PoWERs] previous condition of servitude, and that Congress should ha~e in case a prohibition election were held and the peace were power to enforce that article by appropriate legislation. Unless being disturbed; yet this statute gives Fed~ral troops that you are ready to repeal the fifteenth ameullmcnt do not repeal po~er to interfere in purely State elections unless you adopt this law, which applies to that article of the Constitution and the amendment I ha~e offered. Now, if a President, Member of which was provided for its enforcement. Congress, or amendment of the Constitution of the United Mr. BARTLETT of Georgia. Will the gentleman allow me to States were being voted for, that power might be exercised and ask him a question? this statute then would operate; but in no case where a pri­ 1\Ir. DRISCOLL. I have only a minute. Why don't you gEm­ vate prohibition law or other private election-purely a State tlemen stand up here before Congress and before the country election-is being held should the Federal troops be allowed to· and agitate for the repeal of the fifteenth amendment? Some interfere unless asked for by the governor or the legislature. of you, in your own localities, may make the repeal of the It ought to be repugnant to the States rights idea of every fourteenth and fifteenth amendments parts of your particular Republican, I think, on that side of the House. No harm can platforms in your particular districts, but no great party ·has come to your State by placing this amendment on the statute. ever yet had the temerity to insert it as a plank in its national It provides that Federal troops shall not be used at the polls platform, and I am surprised that any man on this floor, on unless the President is called upon by the legislature when in either side, who does not represent a district included within session or by the go~ernor when the legislature be not in the reconstructed States, should presume or dare to vote for session. the repeal of this law, which means in effect the repeal of the Mr. 1\IANN. Will the gentleman allow me to ask him a fifteenth amendment. For what force or effect can the pro­ question? visions of that article have if there is no law by which it can l\Ir. WEBB. Certainly. be enforced, and if no punishment can be inflicted upon those l\1r. l\fANN. Does the gentleman think it practicable to who Yiolate it? This law was enacted as a supplement to and codify the laws and at the same time correct all the crudities as appropriate legislation for the enforcement of that amend­ in the criminal laws? ment, and both should live or die together. [Applause.] 1\lr. COCKRAN. That is the object of revision. The CHAIRM.A...l~. The question is on the amendment offered Mr. WEBB. In answer to my friend ,t:rom Illinois, I main­ by the gentleman from Georgia. tain that this committee, able and painstaking as it is and has The question was taken, and the Chairman announced that been, is absolutely unable to carefully codify, revise, and tbe noes appeared to have it. amend the mass of law as it should be on the statute books, and 654 CONGRESSIONAL RECORD-HOUSE. . JANUARY 13,

that it ought not to be taken -as an offense against the ability ~r. MANN. A practical reenactment in one way; a theo­ of the committee to present bona fide amendments. rehc~l r~enactment, of course. The law will never have ceased. Mr. MANN. Nobody questions that. It WI!J give them no additional force, not in the slightest degree. Mr. WEBB. The gentleman from Pennsylvania [Mr. MooN] It Will. not make them live laws. It will not change their and the gentleman from Kentucky [Mr. SHERLEY] in their open­ status m any way whatever, and the only question is whether ing speeches invited proper amendments to this measure. And we will put the penal code in one volume or whether we will if this law should be amended, we can do it now as well as any scatter it through thirty or forty. time. This will be the last codification we will have in many Mr. COCKRAN. I beg to differ with the gentleman as to years to come. In a multitude of counsel there is wisdom. the effect of reenactment here specifically, as to judicial con­ .Mr. MANN. Sometimes. struction. 1\fr. WEBB. That is the theory of this Government anyway, Mr. WEBB. My friend from Illinois assumes too much. He that the majority should rule, and that in a multitude of CO"':In­ assumes that this is a partisan amendment. I do not propose sel there is wisdom. . to introduce a single partisan amendment to this entire bill .Mr. MANN. But you are not willing for the majority to and I can not for my life see ·how the gentleman from Illinoi~ rule, because · you have discovered that the majority of this can reach the conclusion that this is a partisan amendment. House does not sustain these propositions ; yet they are still It affects his State just as much as it affects North Carolina­ brought up here to tal>:e up time. both sovereign Commonwealths. I should think it would ap­ Mr. WEBB:- I beg my friend's pardon. He will not say, pe~l to every ~epub_lican as well as to every Democrat who surely, that I have filibustered for a moment, or that I have believes that his legislature or his governor ought to be con­ offered a single amendment to these statutes that has not been sulted on everything affecting his own State affairs. accepted. . Mr. MANN. The gentleman's amendment may not be par­ Mr. MANN. I am not speaking of the gentleman in that tisan, but when the House divides all the Democrats will vote respect. for the amendment and all the Republicans against it. Mr. WEBB. I hope he will not, because I have no purpose Mr. COCKRAN. The gentleman's side can correct that. to retard the House in passing this bill. It ought to be passed, and I am acting in entire good faith in offering these amend­ Mr. MANN. Oh, yes; we can correct it, but it is not for that ments. I hope the gentleman will not charge me with any side to correct anything. · other motive. l\Ir. WEBB. The gentleman from Illinois is assuming too Mr. MANN. Does the gentleman believe this bill will ever m?ch when he says that if the House divides-which I hope it be passed, iLwe take time to correct all the little things in the WLll not-that all the Republicans will vote against the amend­ law that ought to be corrected? ment and all the Democrats for it. He will find on that side I Mr. WEBB. I will say to the gentleman that we have six believe, Members in favor of this amendment. None of the~, months, about every other day, in which to discuss these I dare say, would dare oppose such an amendment before their measures, and he is a good lawyer, and there are a great many people. good lawyers in this House, and we ought not to go along care­ Mr. MANN. The gentleman knows that no one on that side lessly and pass a jumble of measures if any of them ought to ever votes for a proposition coming from this side. be amended. Mr. WEBB. You have never offered one, nor has your side Mr. MANN. If the gentleman will pardon me-l do not ?ffered. one so fa~ in the consideration of this bill. l\fy friend wish to take his time- IS makmg a partisan matter of a measure which I introduced . Mr. WEBB. Go ahead. in good faith. If gentlemen do not want to vote for it they can Mr. MANN. There was a commission appointed to bring kill it, but I have no partisan rancor in my breast. It seems in a report for the codification of the laws. That commission to I?e that it is an amendment that every Republican ought to reported. be m favor of; every man who regards the wisdom of his own Mr. WEBB. And did well, I think. legislature and his governor ought to be wi.lling to support an Mr. MANN. Did extremely poorly, in the opinion of most of amendment providing that no troops shall come into his State to the Members of the House. interfere in the affairs of his State unless requested by the Mr. WEBB. Not in my opinion, however. . legislature or the governor of the State. I hope the O'entlernan l\Ir. MANN. That commission reported not a mere codifica­ will not try to mystify and throw dust on this ame;dment by tion of the law, but a revision of the law, and when it was pre­ saying that it is a partisan measure. sented to this body it was looked upon with great suspicion, I was born seven years after the war closed. Another war and never was entertained seriously for a moment so far as has been fought since then, and my State furnished the first its passage was concerned; and thereupon the Committee on blood shed under the flag that was threatened in 1898, and if Revision of the Laws commenced its work, and a joint com­ war e\er comes again, you will find from North Carolina and mission was appointed to codify the laws, and in the debate from every Southern State men who will give their· best blood which took place in this House it was repeatedly stated that for the flag of the Republic. [Applause.] . it was hoped that the new commission would confine itself to · Now I hope my friend from Illinois-because I know his the codification of the law, and not attempt to revise the law. usual fairness toward the South-will not try to make Mem­ Now the gentlemen are proposing to revise the law. bers \ote on this side or that side against the amendment on . The CHAIRl\.L\N. The time of the gentleman bas expired. the ground that it is partisan. I hope that he will not assume l\Ir. MANN. I ask unanimous consent that the gentleman that it is a partisan issue. I assure him that it is not, and he have five minutes. ought not to make such an argument before this House. The CHAIRMAN. Unanimous consent is asked that the gen­ Mr. KEIFER. Mr. Chairman, in a somewhat modified form tleman have five minutes longer. Is there objection? the motion of the gentleman from North Carolina [Mr. \VEBB] There was no objection. brings up the most memorable question in some respects that Mr. WEBB. Now, Mr. Chairman, let us get back to the orig­ was ever before the Congress of the United States. Twenty­ inal proposition; and I want to ask my friend from Illinois nine years ago, when the Democratic party was just coming a question. Do you oppose this amendment p~oviding that into power before the Forty-sixth Congress, the united Democ­ Federal troops shall not interfere with purely State elections racy of both Senate and House resolved that this section that unless called upon by the legislature through the President, or it is proposed to reenact in this codification and other sections by the governor of that State through the President, to do so? of like character of our Revised Statutes should be repealed. Mr. MANN. I oppose every amendment that is offered that At the close of the session of the Forty-fifth Congress we found is partisan in its nature, on a codification of the law, when it the then Democratic Senate voting against all the general ap­ is proposed to change a law that has ·been on the statute book propriation bills in that Congress on the ground that it would for many years, ana the gentleman has never introduced a bill never vote for another appropriation bill in this country to to make a change. I shall vote against every proposition of that carry on .the Government unless this section and section 2002 kind until I believe the codification bill has gone up in smoke. and other kindred sections were repealed. · Then I am perfectly willing-- Their proposition boiled down was that it should become a Mr. COCKRAN. Will- the gentleman yield for a question? law and rule of the United States that the Army and Navy l\Ir. MANN. If the gentleman from North Carolina yields to might be used to keep the peace, put down riots, preserve order me. on every day in the year except one, and tbat was the sacred Mr. WEBB. Yes; certainly. day when elections were held, and on that day nobody was to :Mr. COCKRAN. Suppose a statute has become obsolete, as interfere with the Democratic party in having or keeping up a number of these statutes have become. Will not the passage riot and bloodshed if it so desired. That was the grave propo­ of ,them here now be a practical reenactment of them? Sition then. 1908. CONGRESSION-AL RECORD-ROUSE. 655

Whe Forty-fifth ·Congress adjourned without maldng nec-essary I presume the committee and the House will agree mth them. appropriations, .and a special session of the Forty-sixth Con­ I merely wish to say for myself that I think it is not as .good gress was •called. The Forty-sixth Congress came in under a phraseology. While ·they have Eaved a few words, r think -call of Presiuent Hayes, and I heard a distinguished ·gentle­ that the composition is not so good as it was b·efore, and the man on that side ·of the :floor, on the opening of that special mere -economy of a few words in the print is a small considem­ session, say that the Democrats ·would stand llere until the tion wben ·put against what seems to me to be the better ex­ marble of "the Capitol crumbled into dust "before -they would -vote pression. Neither do I think there Is any improvement in another ·dollar to carry on the Government unless this section saying ''shall be fined and shall ~ be imprisoned." I believe it of -the law was repealed, £0 1hat they could have their -elections is ·better to ~ollow the old phraseology, "shall be punished by free from Federal interfe-rence. in the South. But when they fine," " shall be ·punished by imprisonment." I think that in got hungry, the legislative bill not having passed, their pockets both particulars, while we have change and while we hRve got empty, and they let in one bill to ;pay the Members comparative brevity, we have no improvement. [laughter], and, from time to time, although under the veto In order to get the matter in a little more -concrete form, I power ·of the President, the attempts to repeal the sections move to ·amend by .sb·iking o-ut :the words " or both" and in­ failed. We did not get enough appropriations to carry on the serting " or 'by both such punishments." Government; and this section is ·the law· of the land to-day. The CHA1RMA.l.~. The dle1'k will -report the amendment. It has gone through all the intervening years and Congresses, ·The Clerk read as follows : but now :my friend :frem North Carolina [1\fr. "'\V.EDB] ~vants to On page 1'8, line 4, -f>trike out the words ·" or ~both " and insert th·e modify it. Then was the day for modificau

of the United States, any deed, power of attorney, order,. certificate, decision in the Williamson case, which is exactly the reverse receipt, contract, or other writing, in support of, o.r in relatwn to, ~ny account or claim, with intent to defraud the Umt~d States, knowmg of the suggestion of the gentleman from New York. . the same to be false, altered, forged~ or counterfeited, shall be fined :Mr. PARSONS. The gentleman is mistaken. It depends not more than $1,000 and imprisoneu not more than ten years. upon whether the regulation is within the purview of the Mr. KEIFER. I would like to ask a question of the chair­ statute or not. It would have been an improper regulation. man of the committee. I notice in this section 31 that the 1\fr. BONYNGE. That is the distinction. word "contract " appears in several places. I do not know Mr. CRUMPACKER. · It depends on the question as to why it is put in unless it was not included in the other. Was whether the regulation is within the purview of the statute there any good reason for inserting it now in view of the lan­ and whether the regulation is for the )9urpose of carrying out guage used in the original section, where it_used the words "or the statute, and if it is that character of regulation it is a other writing?" Why -put in the word "contract" now and regulation required by law and is covered by other language enlarge the specification of the section? of the section. It is required by law. But here we have a pro­ Mr. MOON of Pennsylvania. The gentleman will realize vision predicating a crime upon a violation of a regulation. that a contract is an. important thing to protect, and therefore Unquestionably we have numerous regulations that are outside it was felt that the Government needed that protection respect-­ of statutes and that are not made for the purpose of carrying ing the forgery of a contract as well as a deed. Now, with re­ out statutes. They can not be made the basis of criminal pros­ spect to the words " or other writing," the gentleman knows ecutions. the general construction is that general language of that kind is Mr. PARSONS. Will the gentleman yield to a question? confined and limited to the enumeration that precedes it. It is :Mr. CRUMPACKER. Certainly. a general employment of language to coyer any other writing Mr. PARSONS. Would not the interpretation of this section of that kind. mean that it referred only to a regulation that was required by Mr. KEIFER.. I do not know as much as is attributed to me. law? I think the words " or other writing " were 11ut in the original 1\fr. CRUMPACKER. Well, I do not know. In the William­ section to include unenumerated writings not specified in the son case that was decided on Monday of last week, the United original act, but putting in the word "contract" may not be States circuit court upheld an indictment and conviction for objectionable unless it operates i.n, some way as a limitation. I subornation of perjury in the making of an affidavit that was think " conb·act" was always included under the words " or required by a regulation promulgated by the Commissioner of other writing~" nut I wish to ask another question. Looking to the top of the General Land Office, that authorized the Commissioner to page 19, in italicized words I find this: "Shall be fined not make a regulation for the purpose of carrying into effect that more than $1,000 and imprisoned not more than ten years." I statute to be good, but the Supreme Court of the United States have not had time to look at the original section to see its lan­ held in that case the regulation was not made in pursuance o:t guage as to the fine. Is that the same provision relating to law, was not made for the purpoEe of carrying out the law, and punishment that was in the original act? in a sense was supplemental to the law. A regulation may be Mr. .MOON of Pennsylvania. The original act is right be­ a requirement to carry into effect some detail that perhaps fore the gentleman. There was an alternative punishment. can not be carried into effect any other way. But I do not The alternative punishment in the original act is this: " Shall be believe any regulation ought to be made the basis of a criminal imprisoned at hard labor for a period of not less than one year prosecution when the law itself does not di close what the or more than ten years, or shall be imprisoned not more than crime is. The criminal laws of the country ought to embody five years and fined npt more than one thousand dollars." Now, the crime in clear and distinct terms; everything prohibited by it was the sense of the committee that there ought to be a law ought to be disclosed, so that the ordinary citizen may know uniformity and that there was no need for that alternative form what he may do and what he may not do. I do not believe of punishment. that a Department regulation, that may be changed oyernight; 1\fr. KEIFER. I have no objection after the explanation, that may be subject altogether to the whim of a bureau chief, but I think it is always well to inquire when we find new ought to be made the basis of criminal prosecution, and, there­ legislation. fore, of course I am against this proposition that has no quali­ fication. If a qualification should follow the words "or regu­ Mr. 1\IOON of Pennsylvania. Oh, there is no question about lation" such as "in pursuance of law," it might possibly be a thnt. valid provision. The Clerk read as follows: ·The CHAIRMAN. The time of the gentleman has expired. SEc. 33. Whoever, being an officer authorized to administer oaths or to take and certify acknowledgments, shall knowingly make any false l\fr. SHERLEY. 1\fr. Chairman," with most ·of the argument acknowledgment,_ certificate, or statement con<:erning the appearal?-ce made by the gentleman from Indiana [Mr. O&ubn>ACKER] I am before him or the taking of an oath or affirmat101:! by any person with in thorough accord. Like him, I do not like to see penal respect to any proposal, contract, bond, undertakmg.J.T o_r other matter, submitted to, made with, or taken on _behalf of, !he umted States, and statutes based upon departmental regulations; but I do not concerning which an oath or affirmatwn 1~ reqmred by _la'! or regula­ think -the particular section under consideration comes prop­ tion, or with respect to the financial standmg of any prmc1pal, .surety, erly within the criticism made by the gentleman from Indiana. or other party to any such proposal, contract, bond, undertakmg, or other instrument, shall be fined not more than $2,000 or imprisoned What that section punishes is the making by an officer author­ not more than two years, or both. ized to administer oaths of a false acknowledgment, or certifi­ 1\lr. CRUIUPACKER. 1\Ir. Chairman, I move to strike out cate, or statement, concerning the appearance before him of the words ''or regulation" in line 19, page 19. any person who is required to take an oath. Now, the regula­ The Clerk read as follows: tion must provide for the taking of an oath, and this section simply punishes any officer who certifies falsely to the taking Line 19, page 19, strike out .the words "or regulation." of an oath; and surely that ought to be punished, no matter · The Cll.A.IRl\IA.l~. The gentleman is recognized for five when that is made. minutes. 1\Ir. CRUMPACKER. Let me ask the gentleman. Suppose, 1\lr. CltUUPACKER. Mr. Chairman, the objection I have to now, the oath is required by a regulation that is not made in these words is that the section undertakes to make a criminal pursuance of law? offense predicated upon a regulation made by a department or a Mr. SHERLEY. Then my answer to the gentleman is that chief of a bureau. We are now engaged in a codification of the there can not possibly be any punishment of an officer for the penal code of the Federal Government, and this section is alto­ making of a false statement in regard to a matter that the law gether a new section, so that the arguments that have been does not touch. . made by members of the committee against making changes in Mr. CRUMPACKER. That is exactly the position of the the context, of course, can not apply to this section. In my court in the Williamson case. judgment the words" or regulation" in the section are nugatory. Now, another question, if the gentleman will permit. If the I do not belie-v-e that Congress has power to delegate to a_ depart­ regulation is made in pursuance of the law, then it is an oath ment or to a bureau chief authority to make regulations which that is required by law, and your provision would cover it, shall be the basis of a criminal prosecution. The first require­ leaving out those words? ment of a criminal statute is certainty. There ought to be--- l\Ir. SHERLEY. I am not entirely sure that the word Mr. PARSONS. lias it not been decided that in cases where "law" in this penal statute, which is to be construed strictly, the statute authorizes the department to promulgate a regula­ would be held to embrace an oath required by regulation. Now, tion on any of these questions we can provide that a violation the use of the word "regulation" can do no harm, because if of the regulation shall be a crime? the regulation is not in accordance with law, but is a usurpa­ Mr. CRUMPACKER. Well, it depends upon the character of tion, then the certifying falsely to an oath made pursuant to the regulation. that regulation can not be made a penal offense, whether we Mr. BONYNGE. Will the gentleman pardon me2 I have the declare it or not ; and it seems to me that these words simp1j" . 1908. CONGRESSIONAL RECORD-HOUSE. 657i

make more certain the intention, without endangering in any a matter that his oath of office does not require him to make a way the rights of anybody. certifi.,cate about at all. That is the purpose of my amendments, Mr. CRUMPACKER. The gentleman has in mind the fact so as to confine it to the official acts or conduct of the officer. t hat it cost several citizens of the State of Oregon a couple of The draftsman of this bill has simply drawn it in a spirit of years' time and a great deal of expense to have the question de­ desire to reach the very question I suggest, and not make the termined that an oath made in pursuance of a regulation that thing sought to be made criminal an offense simply because the was not promulgated in pursuance of law did not constitute a man is an officer. crime. That is, the subornation of perjury in the taking of an Mr. SHERLEY. .Mr. Chairman, the purpose of this section oath of that kind. It involved certain citizens in a good deal of is to punish any man who is authorized to administer an oath embarrassment, trouble, and expense, and I do not believe we or take an aclmowledgment who does administer an oath or ought to enact a penal statute so loosely. I think the question take such acknowledgment, in matters where they are required of regulation ought not to go in as a basis of crime at all. If by law, and then makes a false return. Now, a notary public the regulation is not in pursuance of law, then it is no law. If is nev·er required by law to administer an oath in matters that it is in pursuance of law, then it is law, and you do not need come within the puniew of this section, but he is glad to ad­ any regulation provision. minister an oath for the fee that he gets for doing it. If, as Mr. SHERLEY. The court would surely consh·ue the word an officer qualified to administer an oath, he falsely admin­ "regulation" to mean a lawful regulation, and if it was not, istered it, the fact that he is not required by law to act in then there would be no crime committed. the matter has nothing to do with it; he ought to be punished 1\Ir. CRUMPACKER. But we are confronted all the time if he falsely certifies to an oath, and the very amendment that with the case that was decided a week ago Monday. The low~r the gentleman offers would vitiate the whole purpose o:f the court decided otherwise, and it reguired the Supreme Court of section, and the amendment ought to be voted down. the United States to undo the mistake. Should the citizen be Mr. KEIFER. I want the gentleman f1·om Kentucky to subjected to such uncertainty as that in a penal statute? understand the purpose of my amendment. The statement of Mr. SHERLEY. I am more than willing to have any proper the gentleman from Kentucky as _to the object of the section restriction placed on the word" regulation," but I am inclined to is undoubtedly right, but the section itself would be open to think the effect of the gentleman's amendment, if adopted by the construction that if the certificate was in reference to any­ the committee, would be to exclude those cases of false certi­ thing not required by law he would still be punishable. The fying where the oath was properly required by regulation, and section, if left to stand as it is in the -bill, would be indefinite, that the gentleman does not desire to do, I am sure. and it would require the courts to construe it in litigation, and Mr. PARSONS. I should like to call the attention of the all that. gentleman from Indiana to the further fact that this section The CH.A.IRMAl~ . The question is on the amendment offered only punishes the officer who knowingly makes a false acknowl­ by- the gentleman from Ohio. edgment concerning the appearance before him, or the taking The question was taken, and the amendment was rejected. of an oath or affirmation by any person. It is not a case where The Clerk read as follows: he is in default on. some regulation that he did not know about. SFJC. 41. Whoever shall promise, offer, or give, or cause or procure It is a case where he knowingly does something which, morally to be promised, offered, or given, any money or other thing of value, at least, is wrong. or shall make or tender any contract, undertaking, obligation, gratuity, or security for the payment of money, or for the delivery or convey­ The CIIAIRMAN. The question is upon the motion of the ance of anything o:l.' value, to any officer of the United States, or to gentleman from Indiana [Mr. CRUMPACKER] to strike out the any person acting for or on behalf of the United States in any official words "or regulation," in line 19, page 19. function, under or by authority of any department or office of the Government thereof, or to any officer or person acting for or on behalf The question being taken, on a division [demanded by 1\!r. of either House of Congress, or of any committee of either House, or CRUMPACKER], there were--ayes 20, noes 40. both Houses thereof, with intent to influence his decision or action Accordingly, the amendment was rejected. on any question, matter, cause, or proceeding which may at any time be pending, or which may by law be brought before him in his official Mr. CRUMPACKER. I move now to amend the section by capacity, or in his place of trust or profit, or with intent to influence inserting after the word "regulation," in line 19, on page 19, him to commit or aid in committing, or to collude in, or allow, any the words "made in pursuance of law." ft·aud, or make opportunity for the commission of any fraud, on the United States, or to induce him to do or omit to do any act in violation The CHAIRMAN. The Clerk will report the amendment. of his lawful duty, shall be fined not more than three times the amount The Clerk read as follows : of money or value of the thing so offered, promised, given, made, or On Page 19, line 19, after the word "regulation," insert the words tendered, or caused or procured to be so offered, promised, given, made, "made in pursuance of law." · or tel!dered, and Imprisoned not more than three years. Mr. MOON of Pennsylvania. That is all right. Mr. RUSSELL of Missouri. l\fr. Chairman, I offer the fol­ Mr. CRUMPACKER. I understand the gentleman in charge lowing amendment, which I send to the desk and ask to have of the bill has no objection to that amendment. read. The amendment was agreed to. The Clerk read as foll~ws: Mr. KEIFER. Mr. Chairman, I offer the following amend­ Page 24, in lines 10, 11, and 13, strike out the following : " Three ment. times the amount of money or value of the things so offered, promised, given made, or tendered, or caused or procured to be so offered, The .Clerk read as follows: promi1s ed, given, made, or tendered," and insert in lieu thereof the Insert after the word "acknowledgments," in line 12, section 33, following: "$10,000." page 19, the words "required of him by law;" and insert after the word "make," in line 14 of the same section, the word "therein." 1\Ir. RUSSELL of Missouri. Mr. Chairman, in offering this amendment, I am not inspired by any hostility to the com­ Mr. KEIFER. Mr. Chairman, I would not presume to mittee that has introduced this bill, nor is it my purpose to amend a section of the code of law that had stood the test of criticise the work of that committee. I am at this time a mem­ time and been construed by the courts, unless there was some­ ber of the Committee on the Revision of the Laws, but was not thing extraordinary about it. But this section 33 seems to be a member of that committee when this bill was prepared, and new throughout; certainly in the matter of its language. It may hence claim none of the credit due for the provisions that it con­ fairly be read to make penal a certificate made by an officer tains. I believe that this bill is a very great improvement upon authorized to administer oaths, whether it be one he is re­ the criminal law as it now stands, and will greatly simplify quired to make by law or not. If he happens to be an officer and improve the present criminal code. The greater part of authorized to administer oaths and makes a false certificate this bill I gladly indorse, and will with pleasure support. But about something else than the law requires of him in his offi­ as the worlc of human hands is never perfect, neither is this cial character, he is still, under the language used, to be sub­ bill perfect, but I believe will be greatly improved by the adop­ ject to a large fine and imprisonment as the section now reads. tion of this amendment. · I call the attention of the committee to this. My desire is to I understood the gentleman from Kentucky [Mr. SHERLEY] have it read so there will be no doubt about it. If my amend­ last week in his able address, explaining the work of this com­ ment is adopted it would read like this: mission and the provisions of this bill, to invite the membership Whoever, being an officer authorized to administer oaths or to make and cert ify acknowledgments required of him by law, shall knowingly of this House t<> examine it carefully and to cooperate with the make therein any false acknowledgment, certificate, or statement con­ committee in trying, if possible, to make it more perfect. cerning the appearance before him, etc. The amendment that I now. propose is offered in good faith, If he is an officer authorized to administer oaths, then, if my and I think is one that ought to be adopted. This section of amendments are agreed to, it must b~ some certificate he makes the statute is aimed at bribery, and in the light of recent reYela­ as to that administration of the oath or some other certificate, tions in the United States it is a crime of the grayest import and if the law provides for any such for the officer to make. I do one that I believe the people of this country desire to snppresR. not want to make it a penal offense against a notary public The municipalities of the United States, from ocean to ocean, that he shall be punished for making a false certificate about have been found teeming with official corruption and a great

XLII-42

---· ··- ---: 658 CONGRESSIONAL RECORD-- HOUSE. JANUARY 13,

many officers of tbe different cities haye been prosecuted and Mr. RUSSELL of .MissourL I answer that you can bribe a convicted of accepting bribes. man with a railroad pass, but how will y-ou determine the 1alue State legislators haTe been accused of crimes, and some of of that pass? The Yalue of the pass depends upon how much them have been indicted and convicted. Within the last five you use it. If it is not used at all, it has no value, but if it is y.ears four United States Senators have been indicted for mal­ u.sed frequently :and extensh·eJy, it has a great >alue. feasance in office, and two of them have been convicted by B1ibes might be offer~ or giyeu, in some el!aruci.er of prop­ juries. I believe that officials as a rule are honest and consci­ erty, as a cane, a ring, or a watch, where the Yalue of the re­ entious, but recent _events haY"e ·established the fact that some ward thus given would be a matter requiring the inYestigation are not. I know that the great majority of the ..American people of the court trying the case before it could de.te.rmine the maxi­ :1.re honest and that they want honest officers. It is the desire mum fine that .should be imposed. of the people of -this country to adequately punish and .suppress Mr. Chairman, I insist that the .fine to be inflicted for a crime official corruption and to purify the public .service, and I belieYe so gra1e as the bribing of a public officer ought to be fixed at that much has been done in' late years by the agitation of that some definite Sllll1, say $1,000, $5,000, or $10,000, but do not question that has been going on throughout the length and fix it at three times the amount of the bribe offered, because breadth of the country. ~!any men, ~ and officials, have been that is uncertain, indefinite, and can not be accurately ascel.'­ promoted to higher offices of honor and trUBt because of thcir tained. zeal and their fidelity to the cause of the people in the pmse- Mr. PARSONS. The difficulty with the gentleman's amend­ cution <>f criminal offieial.s. · ment is illustrated by the Greene and Gaynor cases, where they The present go1ernor of the State of New York won his obtained seTeral hundred thousand, dollars and were fined, I popularity, which made him go1ernor of that .State, by un­ believe, se1eral hundred thousand dollars in addition to im­ earthing and exposing the extra...-aganre. the frauds, and the prisonment. Now, in tho.se cases a punishment of only $10,000 mism:magements .of some of the great insurance companies of fine would be no fine at an., and would not compare with the the rountry. . offense. In the State .fJ:om which I come, and which I ha1e the .Mr. RUSSELL of Missouri. Then Illilke the maximum fine honor in part to retJresent, the imperial State of Missouri, larger ; make it $100,000 if $10,000 is not large en<>ugh. the present governor of that State· won the popularity and If a railroad pass is offered ro a man as a bribe for his T"ote distinction that made him the chief ex.ecutive of that great or other official action yon could not under thi.s Jaw fine the Commonwealth by his honesty, fidelity, and zeal in tlle prose­ bribe giver eyen $1-0 without showing to what extent he cution <>f o:fficial eorruption in the city or St. Louis .as its cir­ had used the pass, as that alone would establish its value. cuit attorney. :Many men in recent years have been made This would require a separate investigation by the court and Presidential possibilities by reason of their prosecution of .crime proYe to be Yery difficult, if not impossible, to fairly arrive at in official life and by respecting .and defending the rights antl the value of the bribe given. the safety of the people. Mr. HUGHES of New Jersey. ·what would the gentleman The effect of this amendment is simply to make de:finite and say to a suggestion to make the fine not less than $10,000? certain the punishment for this offense. The punishment as Mr. RUSSELL of .Missouri. I ba.Ye no objections to that. now provided by this bill is fi>e years' -imprisonment and a fine l.Iy amendment is asking to make the maximum $10,000, but of three times the amonnt of the bribe <>ffered. I wm be satisfied with any other definite sum that is large Mr. PARSONS. Will the gentleman yield? enough to be commensurate with this character of crime. Mr. RUSSELL of Missouri. Yes, sir. Mr. Cha!.rman, I for <>ne am not willing that this, the Sixtieth !\lr. PARSONS. I would like to ask the gentleman where Congress, shall announce to the world that It is disposed to in the existing law the punishment he refers to is to be found'? weaken or lightly consider the law creating the crime of official :&It·. RUSSELL of Missouri. It is found in the preceding bribery, nor to impose a fine that is triYial, indefinite, or inade­ section. quate for its infraction. [Applause.] Mr. PARSONS. Yes; and the preceding section gives just [Here the hammer fell.] the punishment which is found in section 41, which has been Mr. COCKRAN. fr. Chairman, 1 desire to offer an amend­ read. The preceding section referred to is section 5450, brib­ ment to the amendment offered by the gentleman from Missouri ery of Members of Oongress, :md there the punishment is just [1\fr. llUSSELLj . the one we .pro>ided in this section. Mr. RUSSELL of Missouri. 1'\lr. Chairman, I ask unanimous The CHAIRMAN. . The time of the gentleman from Missouri ronsent to extend my remarks in the RECORD. [Mr. RussELL] has expired. The SPEAKER. Is there objection? [After a pause.] The Ur. LLOYD. Mr. Chairman, I :ask unanimous consent that Ohair hears none. the time of my -collea-gue be extended for fi>e minutes. The Clerk read as f<>llows: The OHAIRMAN. Is there objection? Strike out the words "three yoo.rs." in seetion 41, page 24, n.nd in­ There was no objection. sert " ten years, and shall be disqualified thereafter from holding any Mr. RUSSELL of Missouri. · If I am in error it is the fault office of honor or pront under the _GoT"ernment of the United States." of this b~ as 1 read from the preceding section as it here 1\Ir. COCKRAN. Mr. Ohairman, the object of this amend­ appears; but whether that is correct or not the punishment as ment is to increase the penalty imposed by the section as it pro-.;-id.ed is fixed at three years' imprisonment and a maximum stands for the heinous crime of bribing an officer of the United :fine of three times the amount or >alue of the bribe~ that is States, a penalty which, in my judgment, is wholly inadequate, offet·ed. or at 1east may be wholly inadequate under such circumstances ~I r. P .ARSONS. The pnni.shment now under section 5451, of us the gentleman from Missouri has suggested. I think the which this is a paraphrase, is the same a.s it was in section section is open particularly to objection in that it lean~s a per­ 5450 ; 5451 provided that the punishment for bribery of any son who has corrupted a public officer, and thus debauched the United States officer should be the same as in the preceeding Goyernment, eligible to hold the highest office under the same section, which is section 5450, and that is the section relating Government. Under the· 1aw as r eported by the committee, to bribery of Members of Congress, and the punishment there while the bribe taker would be excluded from the public sen·ice, reads thu.s : the bribe gi>er would remain entirely eligible. I believe the Shall be fined not more than three times the amount o:r money or bribe giver quite as b.-'ld and often V~~orse than the bribe taker. value ot the thing so offered, promised. given, made, or tendered, or I think it would be monstrous to leave the bribe taker disquali­ cause to be pro.cured to be so offered, promised, given, made, or ten­ fied and the bribe giver eligible. I think both should be con­ dered, and imprisoned not more than three years. demned to the same infamy, and for that reason I press my That is the Tery language we have inserted in this section. amendment. We had to insert it in this section because what was the pre­ Mr. WILLIAMS. Mr. Chairman, this language reads that ceding section in the Revised Statutes is nqw placed under the man who violates the provisions of this statute shall be another chapter, and we conld not refer to it here; so we had fined " not more " than three times the amount of the money to insert the punishment verbatim. or the Talue of the thing offered as a bribe. That leaves it Mr. RUSSELL of l'IIi.ssOlll'i. Whether this proposed bill with the court to fine him anything less than three times the changes the existing law or not can make no difference' with amount. The court might fine him $1. the point that I make. The fine· ought to be made a fixed sum Now, 1\f.r. Speaker, all free institutions in a country resting and ought not to be, as this bill now read.s, three times the upon popular suffrage 1·est upon the intelligence and the integ­ amount of the bribe that may be offered, for the very good and rity of the citizen~ In a · certain sense, therefore, the highest sufficient reason that the value of the bribe offered may not be crime that can be committed in a country like om·s, except susceptible of accurate ascertainment. actually waging war against the Constitution, would be cor­ l\lr. LITTLEFIELD. How can you prove the bribe without rupting legislation or the n.dministrators of justice. Now, this proving the amount? is a fine that may be next to nothing; may be 25 cents .

• 1908. CONGRESSIONAL RECORD-HOUSE. 659

Mr. Speaker, the old law read, when it got down to where this I now read from an opnnon of the Supreme Court of the language comes, " shall be punished as prescribed in the preced­ United States delivered in 1874, Trist v. Child, 88 U. S. Reports, ing section," and that punishment prescribed in the preceding 441 to 453. Trist had a claim against the Federal Government. section was not more than $10,000 nor imprisonment more than He employed Child to collect his claim from Congress. They five years. were both men of good character. Child was to be paid nothing :Mr. 1\IOON of Pennsylvania. We cut out the preceding sec:­ if he failed to collect. The claim was collected and Child had tion-5450. to sue for his commission. The lower court allowed him pay l\fr. WILLIAMS. I beg your pardon. The chairman of the for his services, but the Supreme Court dismissed the bill be­ committee informs me that the preceding section referred to in cause he had lobbied with Congress to procure the appropria­ this was cut out. tion. The proof showed 'that Child did "lobby." 1\fr. Justice :Mr. MOON of Pennsylvania. Put in another place. Swan, for the whole court, in dismissing the_ bill on lobbying 1\fr. WILLIAMS. I do not know, therefore, what the penalty and lobby contracts, with great force said: in the preceding section sh·icken out was. But there iS an objection Of STILL GREATER GRAVITY TO THE AP- Mr. MOON of Pennsylvania. Exactly this. PELLEE'S CASE. : Was the contract a valid one? It was, on the part of Child, to pro­ .Mr. LITTLEFIELD. The same penalty. cure by lobby service, if possible, the passage of a bill p"roviding for l\fr. WILLIAMS. But the chairman tells me it was the same the payment of the claim. The aid asked by the younger Child of as occurs now in section 40. Trist, which indicated what he considered needful, and doubtless pro­ posed to do and did do himself is thus vividly pictured in his letter Mr. HOUSTON. The same as in section 41. to 'Irist of the 20th February, 1S71. After giving the names of several Mr. MOON of Pennsylvania. That is existing law exactly. members of Congress from whom he had received favorable assurances, .Mr. WILLIAMS. 1\fr. Chairman, I understand now that the he proceeds : " Please write to your friends to write to any Member· of Congress. Every vote tells, and a simple request may secure a vote, ]5receding section at the tiroe ·that this was taken up by the he not caring anything about it. Set every man you know at work, Commission prescribed the same penalty as is now prescribed in even if he knows a page, for a page often gets a vote." the section that I am discussing. That changes ttte comparison In the Roman law it was declared that " A promise made to effect a base purpose, as to commit homicide or sacrilege, is not binding." In that I was going to make, but it does not change my objection our jurisprudence a contract may be illegal and void because it is con­ to the language of this penalty, which is " not more than three trary to a constitution or statute, or inconsistent with sound policy It and good morals. Lord Mansfield said: "Many contracts which are not times the amount or value" of the thing offered as a bribe. a.gainst morality are still void as being against the maxims of sound seems to me it ought to be "not less than three times the policy." amount." Next to treason itself this is the greatest crime in a It is a rule of the common law of universal application that where a contract, express or implied, is tainted with either of the vices last free republic. Nay, it is even a form of treason, because it named, as to the consideration or the thing to be done, no alleged right poisons our institutions at the fountainhead of the river. founded upon it can be enforced in a court of justice. If the present motion is voted down I shall move to strike out Before considering the contract here in question it may be well by the word " more " and to substitute the word " less." way of illustration, to advert to some of the cases jlrcsenting the ~ub­ Mr. MOON of Pennsylvania. l\Ir. Chairman-- ject in other phases in which the principle has been adversely applied. The CHAIRMAN. The gentleman from Pennsylvania. The court further says : Mr. GAINES of Tennessee. 1\fr. Chairman-- Within the condemned category are: An agreement to pay for supporting for election a candidate for The CHAIRMAN. The gentleman from Pennsylvania was sheriff ; to pay for resigninl'l a public position to make room for recognized and has the floor. · another; to pay ~or. not biddmg at a sheriff's sale of real property; Mr. GAINES of Tennessee. I ask for recognition. to pay for not b1ddmg for articles to be sold by the Government at auction ; to pay for not bidding to a contract to carry the mail on a The CHAIRMAN. If the gentleman from Tennessee desires specified route ; to pay a person for his aid and influence in procuring the floor, he is entitled to it. an office, and for not being a candidate himself ; to pay for procuring .Mr. MOON of Pennsylvania. I yield to the gentleman from a C~f!-tract from the Government; to pay for procuring signatures to a petitiOn to the governor ·for a pardon ; to sell land to a particular per­ Tennessee. son, when the surrogate's order to sell should have been obtained; to 1\fr. GAINES of Tennessee. Mr. Chairman, we are here leg· pay for suppressing evidence and compounding a felony ; to convey and islating upon the bribing of Members of Congress. If anything assign a part of what should come from an ancestor by descent, devise,­ or distribution; to pay for promoting a marriage; to influence the dis­ of that kind has been done for a long time I am not aware of position of property by will in a particular way. it, but this is a good law and ought to be enforced. I haYe The question now before us has been decided in four American this in mind: We should not only ptmish the man who takes cases. They were all ably considered, and in all of them the conh·act was held to be against public policy and void. We entertain no doubt the bribe and the man who gives the brib~, but the lobbyist who that in such cases, as under all other circumstances, an agreement, ex­ helps the bribe giver and is possibly the bribe giver himself. press or implied, for purely professional services, is valid. Within this Now, I want to ask my distinguished friend in charge of this category are included drafting the petition to set forth the claim, attending to the taking of testimony, collecting facts, preparing argu­ bill, Is there any Federal law on the subject of lobbying? Does ments, and submitting them orally 'or in writing to a committee or my friend from Pennsylvania know of any? other proper authority, and other services of like character. All these 1\Ir. MOON of Pennsylvania. I do not know that I exactly things are intended to reach only the reason of those sought to be in­ fluenced. They rest on the same principle of ethics as professional know what the gentleman· means by the term "lobbying." services rendered in a court of justice, and are no more exceptionable. There is no such language in the penaJ statutes of the Unjted But such services are separated by a broad line of demarcation from personal solicitation and the other means and appliances which the States. correspondence shows were resorted to in this case. There is no rea­ Mr. GAINES of Tennessee. Then I beg the indulgence of son to believe that they involved anything corrupt or different from the committee. I do not want to take up too much of your what is usually practiced by all paid lobbyists in the prosecution of their business. time. Just let me read now, in your hearing, s'omething that The foundation of a republic is the virtue of its citizens. They ar':! you ought to hear. at once sovereigns and subjects. As the foundation is undermined, Bouvier treats the subject thus: the structure is weakened. When it is destroyed, the f abric must fall. Such is the voice of universal history. The theory of our Government LOBBYIST. is that all public stations are trusts, and that those clothed with the;:;'! One who makes it a business to procure the passage of bills pending are to be animated in the discharge of their duties solely by considera· before a legislative body. tions of right, justice, and the public good. They are n ever to descend One " who makes it a business to ' see ' members and procure by to a lower plane. But there is a correlative duty resting upon the persuasion, importunity, or the use of inducements, the passage of citizen. In his intercourse with those in authority, whether execu· bills, public as well as private, which involve gain to the promoters." tive or legislative, touching the perfprmance of their functions, he is (1 Bryce, Am. Com., 156.) bound to exhibit truth, frankness, and integrity. Any d eparture from A contract for the employment of personal influence or solicitation the line of rectitude in such cases is not only bad in morals, but in~ to procure the passage of a public or private law is void (21 Barb., volves a public wrong. No people can have any higher public interest, 361; 16 How., 314; 34 Vt., 274; 15 Oreg., 330) as contrary to morals except the preservation of their liberties, than integrity in the ad­ and tending to inefficiency in the public service (93 Wis., 393) ; if ministration of their government in all its departments. by its terms or by n ecessary implication it stipulates for, or tends to, The agreement in the present case was for the sale of the influence corrupt action or personal solicitations (60 U. S., 45; 98 Ind., 238; and exertions of the lobby agent to bring about the passage of a law 36 N. Y., 235 ; 45 id., 543 ; 127 id., 370 ; 18 Ohio St., 469 ; 149 Pa., for the payment of a private claim, without reference to its merits, by 375). And, if the con tract is broad enough to cover services of any means which, if not corrupt, were illegitimate, and, considered in con­ kind, either secret or open, honest or dishonest, the law pronounces nection with the pecuniary interest of the agent at stake, contrary to a ban upon the contract itself. (2 McArth., 268.) It is not r equired the plainest principles of public policy. No one has a right, in such that it tends to corruption. If its effect is to mislead, it is decisive circumstances, to put himself in a position of temptation to do what is against the claimant. It may not corrupt all, but if it corrupt or regarded as so pernicious in its character. The law forbids the in­ tend to corrupt some, or-if it deceive or tend to deceive some, that is choate step and puts the seal of its reprobation upoJJ. the undertaking. sufficient to stamp its character with the seal of reprobation before a If any of the great corporations were to hire adventurers who make judicial tribunal. (5 W. & S., 315; 7 id., 152; 59 Pa., 19; 100 id., market of themselves in this way to procure the passag3 of a general 561.) But it has been held that though the contract contemplates law with a view to the promotion of their private interests, the moral the use of personal solicitation, yet if no personal influence is brought sense of every right-minded man would inst_inctively denounce the e:n­ to bear upon the members, and no dishonest, secret, or unfair means ployer and employed as steeped in corruption and the employmeilt as employed, to accomplish the object, it is not illegal. ( 86 Cal., 542.) infamous. Where the agreement is for compensation contingent upon success, If the instances were numerous, open, and tolerated, they would 1t suggests the use of sinister and corrupt means fol' the accomplish­ ' be regarded as measuring the decay of the public morals and the de­ ment of the desired end. The law meets the suggestion of evil and generacy of the times. No prophetic spirit would be needed to fo1·etcll strikes down the contract from its inception. (69 U . .s., 45; 98 Ind., the consequences near at hand. The same thing in lesser legislation, 238.) if not so prolific of alarming evils, is not less vicious in itself nor less 660 CONGRESSIONAL RECORD-HOUSE. JANUARY 13, to be condemned. The vital principle of both is the same. The evils understood the gentleman from New York [1\Ir. CoCKRAN] to of the latter are of sufficient magnitude to invite the most serious consideration. The prohibition of the law rests upon a solid founda­ indicate a moment ago that a bribe giver was worse than a. tion. A private bill is apt to attract little attention. It involves no bribe taker. great public interest, and usually falls to excite much discussion. Not Mr. COCKRAN. About as bad. unfrequently the facts are whispered to those whose duty it is to in­ Mr. MACON. We are now dealing with a provision of law vestio-ate, vouched for by them, and the passage of the measure is thus secured. that affects each and every one of us as Representatives, and I desire to let it be known that there is at least one Member Mr. Chairman, I do not think that this subject 'has been dis­ upon this floor that insists that a bribe taker is worse than a cussed during my term of service in the House. I have been bribe giver. When I entered upon the discharge of the duties intending and shall yet introduce a bill on this subject. The of a Representative I took a solemn oath that I would support people- ha\e the right to "petition" or "remonstrate" with the Constitution and the laws of this nation, especially the Congress. A petition is a written instrument, signed by the Constitution. Therefore, should I accept a bribe -from the petitioner and filed with the committee or filed with the court bribe giver I have in addition to having disgraced myself by or with the clerk of the court, or filed with Congress. It is accepting a bribe, violated the sancity of my oath, and in ad­ then open to the public. It does not mean this thing of going dition to that, sir, I have seriously insulted the integrity, the around through public places here and in the States and going honor, and the good name of every man, woman, and child in behind closed doors, or riding out at midnight in automobiles, the district that I represent. Whenever a Representati\e ac­ or working "under cover" to bring about legislation that cepts a bribe, he. not only degrades his own name and character, should or should not be passed. Lobbying is in derogation of but he reflects upon the integrity and the honor of every in­ public morals and the public safety, and should not be allowed. dividual within the confines of his district, while upon the The Supreme Court so declared in this case. I continue to read other hand the bribe giver only disgraces his own name and from that decision: character. Of the two, Mr. Chairman, I would a thousand tin1es If the agent is truthful and conceals nothing, all is welL If he prefer beillg a bribe giver to that of being a bribe taker, and I uses n efarious means with success, the springhcad and the stream of legislation are polluted. To legalize the· traffic of such service would believe the gentleman from New York would, too. open a door at which fraud and falsehood would not fail to enter and Mr. COCKRAN. The gentleman from Arkansas [1\Ir. 1\IACON], make themselves felt at every accessible point. It would invite their having made some reference to me, perhaps I should explain pre ence and offer them a premium. If the tempted agent be corrupt himself and disposed to carrupt others, the transition requires but a that the amendment which I have offered does not in any way single step. Ile has the means in his hands, with every facility and a mitigate the penalties denounced against the bribe taker, while it strong incentive to use them. The widespread suspicion which pre­ does impose disqualification from holding office upon any man vails and charges openly made and hardly denied lead to the con­ clusion that such event are not of rare occurrence. Where the avarice convicted of corrupting an officer of the United States, in addi­ of the agent is inflamed by the hope of a reward contingent upon suc­ tion to the other penalties inflicted on him by the measure as it cess and to be graduated by a percentage upon the amount appropri­ stands now. The statement of the gentleman concerning the ated, the dano-er of tampering in its worst form is greatly increased. It is by reason of these things that the law is as it is upon the solemn responsibility assumed by 1\Iembers of Congress-- subject. It will not allow either party to be led into temptation where Mr. 1\I.ACON. If the gentleman will yield, I will say that I the thing to be guarded against is so deleterious to private morals and am in favor of his amendment. so injurious to the public welfare. In expressing these views we fol­ low the lead of reason and authority. 1\Ir. COCKRAN. . The gentleman being in favor of my amend­ We are aware of no case in English or American jurisprudence like ment, it is perhaps unnecessary to prosecute the discussion the one here under consideration where the agreement has not been adjudged to be illegal and void. _ further. This much, however, I am moved to say by the tenor '\Ve have said that for professional services in this connection a of his speech: It is twenty years since I was first honored by just compensation may be recovered. But where they are blended and a seat on the floor of this House. I have sened in six Con­ confused with those which are forbidden the whole is a unit and gres~es. all indivisible. That which is bad de troys that which is good and they During that service I have never discerned an act perish together. Services of the latter character, gratuitously ren­ or heard a whisper that could justify th slightest suspicion dered, are not unlawfuL The absence of moti've to wrong is the foun­ that any ~lember of this House was capable of stooping to ques­ dation of sanction. The tendency to mischief, if not wanting, is greatly lessened. The taint lies in the stipulation for pay. Where that exists, tionable conduct, much less to consider an offer of a bribe. I it affects fatally, in all its parts, the entire body of the contract. In bal"e not, therefore, attempted to discuss the penalties which all such cases, protior conditio defendentis. Where there is turpitude, should be denounced against such a crime. 'l'he malefactors at the law will help neither party. whom I am aiming are men of immense re ources, who might The old~:>r agent in this case is represented to have been a lawyer of ability and high character. The appellee is said to be equally perhaps Ol"ercome the virtue of some poorly paid officer of the worthy. This can make no difference as to the legal principles we United States, and while profiting enormously from his fall, have considered nor in their application to the case in hand. The law is no respecter of persons. would yet escape with a lighter penalty if the offense wer Decree reversed and the case remanded, with directions to dismiss disco\ered and both con\icted under the law as the committee the bill. reports it. I think it would be monstrou if the guilty official Mr. Chairman, I thank the committee for this indulgence. I were disqualified from e\er again holding office under the Unite1l di like to read from books. I could ha\e given you my ideas States, while the corruptionist V~ho had tempted him to his fall about "lobbying" much more quickly than I ha\e been able would remain eligible to fill the very office which had b en to express them through the words of the Supreme Court, but I defiled and beh·ayed through thi depra\ity. 'l'he \ery idea wanted the highest authority to speak for me to you. A man has a of corrupting a 1\Iember of this body Reerns to me unthinkable, right to go before a committee and argue his case and he has as was narricide among the Greeks. I would not be just11led a right to petition and the right to remonsh·ate and the courts in taking the floor to discuss the penalties to be denounced against ha\e so declared, but to "lobby" is not his right. It is a a crime that is improbable-almost inconceivable. But, ·ir, nuisance at common law [laughter]-yes, or any other law. there are other officials ,-.hom the records of our courts show 1\Ir. LITTLEFIELD. I would ask the gentleman if these to ha\e been susceptible to the wiles and seductions of skilled remarks apply as well to what is known as the "peoples corruptionists, and I renew an expression of hope that this com­ lobby?" mittee will incorporate into this penal code a disqualificatioa Mr. GAIJ\'ES of Tennessee. Oh, I hit evil where\er I see it. from holding office for every briber ·who may succeed in cor­ That "lo!Jby " exists because of the elite's lobby. Sometimes rupting an officer of the United States and thus becloud the I see evil on the outside of Gongress as well as on the inside, credit of our Government. but \ery rarely is my friend from Maine [Mr. LITTLEFIELD] in ;\Ir. MOON of Pennsylvania. l\Ir.• Chairman, on behalf of error. We have honest differences of opinion, of course. the committee I object to the amendment. I object to it be­ J. Tow, 1\Ir. Chairman, here we are fixing to punish the bri!Je cause this ~ ection is the existing law. :Many ~Iembcrs have c:ri\er and the bribe taker. I have put my finger here upon a been misled because in printing it it appears in italics. It up­ ~rying evil, "lobbying," that every Member of this Congress pears in italics because new to that section. That arose from knows in a general way, I may say, at least, is being carried the fact that in the existing law it says he shall be puni lled as on in the District of Columbia; and, I may say, it is carried under the preceding section. The prece

lfr. l!100:N" of Pennsylvania. Heretofore, as I am informed, is doubly important that we who frame tho. e laws should be tlle portion of this sentence imposing a fine has been used for guided by the utmost caution and rigid rules in their enactment. the purpose of recouping the Government for a loss sustained. The section to which my amendment relates attempts to pro­ I nm not Ilere to now discuss refined distinctions between dif­ vide two classes of penalties, one in the nature of a fine and ferent degrees of culpability. the other in the nature of imprisonment. In the matter of im­ Mr. PERKINS. But the law should be based upon a proper prisonment tho verdict of guilty is sufficient warrant for the theory of criminality. You would not inflict upon a man who judge to sentence. In the matter of the fine, however, the offers a small bribe the same punishment as you would upon penalty provided. is three times the value of the thing given or a man who offers a large one. received. Mr. MOON of Pennsylvania. I repeat, 1\fr. Chairman, I am Suppose the article given or received is not cash, and of un­ not here to e.::plain different degrees of culpability. I am here certain value, by what process docs the judge fix the amount of to reenact the present law as it stands, as it was enacted by the fine? Congrcs.c:;, and as it has been upon the statute books a great If the value of the article is laid in the indictment as one number of years. nut I may say that tile distinction between amount, which is the T"alue :fixecl by the prosecutor, and this grand all(l petit larceny which exists in nearly all codes is Yaluc in tile minds of the jury be wholly different, while that based upon just this distinction. of the juuge still differs from both the prosecutor and the j -...... - J-, ~·ow rcferri:og to disqualific-ation to hold office, it seems to be who :finally fixes the amount? Is it a question of law or a ques­ ihe polic.'Y of the Government to visit disqualification to hold tion of fact? Clearly not one of law, and therefore not for the office only as a punishment for malfcasunce in office. There­ court. Necessarily, it lteing a question of fact, it should be fore sections containing such provisions are confined I think for the jury, and for that reason the jury should be given wholly in tile :Federal statutes to the betrayal of a public duty. sr1ecific authority to ascertain it and certify it as part of its Tlwre was an exception in the case of section lD. The gentle­ verdict. Otherwise the guilty will escape for want of adequate D.l1lll from 1\Iis ·ouri and tlle gentleman from New York will re­ legislation, anu to provide against such deficiency I believe this member that section 19 provided for conspiracy to deprive a amendment sboulu prevail. man of his rights guaranteed by the Constitution and laws. Mr. MOON of Pennsylvania: Mr. Chairman, I feel consti·ained There was in that section a disqualification to hold office, and to oppose that amendment. It is a change of existing law, and because it did not come under that general classification and I confess that I am not able, under the circumstances of (lis­ l.Je~'lURe it was an exception to the general principles of law­ cussing this bill upon the floor of the House, to measure the full making as here referred to, the committee accepted an amend­ extent to which it might change the law. This law has stood ment and permitted that clause to be stricken out. Future sec­ for a number of years, and no weakness of tile kind suggested tions will he found in which officeholders and persons in 110si­ by my colleague has ever yet been developed, as far as I know. tion of trust and responsibility accepting a bribe are visited In a trial of a case for bribery the essential feature of that trial with this disqualification. This is existing law. I hope that is, Did or did not the man receive a bribe? Is he guilty under thls amendment will be T"Oted down. tho law? Now, in the question of an inquiry by a jury trying The CHAIRMAN. The question is on the amendment offered the question of guilt or innocence the additional inquiry by the by the gentleman from 1\Iissouri. . same jury as to the amount of the bribe might, under the rnles .Mr. COCKHAN. 1\fy resolution was offered as an amendment of evidence, not be competent, and in the infliction of punish­ to the amendment of the gentleman from Missouri, but I am ment after a conviction the court has always the fullest oppor­ perfectly willing, with tlle consent of the committee, to with­ tunity of making an independent investigation to ascertain the draw it and offer it again. I withdraw it for the present, and amount of tho bribe. Therefore, as it changes existing law, I will renew my motion after the vote is taken on the amendment am opposed to the amendment. of the gentleman from .Missouri. The CHAIRMAN. Tile question is on the motion of the gen­ The CHAiilliA.N. Without objection the amendment offered tleman from Pennsylvania [1\Ir. BunKE]. by the gentleman from New York will be withdrawn. The question being taken, the amendment of l\Ir. DuRrm was Mr. COCKRAN. Temporarily. rejected. The CHAIRMAN. The Clerk will report the amendment of The Clerk read as follows : SEC. 42. Whoever shall take and carry away, without authority from the gentleman from Missouri. the United States, from the place where it has been filed, lodg-ed, or The Clerk read as follows: deposited, or where it may for the time being actually be kept by au­ Amend by striking- out of section 41 all of said section between the thority of the United States, any certificate, affidavit, deposition, written WCI'd " than," in the lOth line, and the word " and," in the 13th statement of facts, power of attorney, receipt, voucher, assignment, or lln and inserting in lieu thereof the words "ten thousand dollars." other document, record, file, or paper prepared, fitted, or intended to be used or presented in order to procure the payment of money from or by The question was taken, and the Chairman announced that the United States, or any oillcor or agent thereof, or the allowance or payment of the whole or any part of any claim, account, or uemand the noes appeared to Ilave it. against the United States, whether tile same has or has not already Mr. RUSSELL of Missouri. DiYision, 1\fr. Chairman. heen so used or presented, and whether such claim, account, or de­ The committee divided, and there were-ayes 32, noes 43. mand, or any part thereof, has or has not already been allowed or paid ; or whoever shall present, use, or attempt to use, any such document, So the amendment was rejected. record, file, or paper so taken and carried a.way, in order to procure The CIU..IR1IAN. The Clerk will report the amendment the payment of any money from or by the United States, or any officer offered by the gentleman from New York. or agent thereof, or the allowance or payment of the whole or any The Clerk read as follows: part of any claim, account, or demand against the United States, shall ~~ %~tg. not more than $5,000, or imprisoned not more than ten years, Insert a.fter "years," line 13, "and shall be disqualified thereafter I from holding any office of honor or profit under the Government of the 'United States." 1\Ir. RUSSELL of 1\lissouri. I wish to offer an amenument to section 42. I move to amend by inserting the word " fra ndu­ Th; question was taken, and the Chairman announced that lently" in line 21, between the word " to " and the word " pro­ the noes seemed to have it. cure," and to insert the same word in line 5 on page 24, be-­ 1\fr. COCKRAN. I ask for a division, 1\fr. Chairman. tween "to" and the word " procure." The committee divided, and there were-ayes 51, noes 64. The CHAIRl\1AN. The Clerk will report the amendment. Mr. COCKRAN. Mr. Chairman, I ask for a vote by tellers. The Clerk read as follows : 'l'ellers were ordered. Sectfon 42, page 24, line 21, between the words " to " and " pro­ The CHAIRMAN. The gentleman from New York [1\fr. cure," insert the word "fraudulently." On pa.ge 25, line 5, after the CoCKRAN] and the gentleman from Pennsylvania [Mr. MooN] second word, insert the word "fraudulently." will take their places as tellers. l\Ir. RUSSELL of Missouri. l\1r. Chairman, I do not desire The committee again divided, and tellers reported-ayes 71, to take the time of the committee, except to say that under noes 75. this law as now written n man might in good faith take docu­ So the amendment was rejected. ments belonging to tile Government and yet violate tilis section ~lr. BURKE. Mr. Chairman, I ha....-e an amendment to sec­ of tile statute. It seems to me that the question of frauuulent tion 41. intent ought to exist before any man is convicted of crime. I The CH.\.lllllAN. The gentleman fTom Pennsylrania offers ask simply to insert the word "fTaudulently," so that jt will an amen

Mr. RUSSELL of l\lissouri. Some officer of the Go\ernment You will note the words "or other commercial corporation." ihat has charge of papers might take them, not having the Will anybody for an instant contend that an interstate railroad right to do it, but thinking he had the right to do it, and act is not a "commercial corporation?" Why of cour e it is. in perfectly good faith, and in that case ought not to be guilty The amendment is entirely germane and only elaborates the law of a crime. If there was no intention to defraud in taking the and it ought to be a law. papers, I insist that he ought not to be found guilty of a crime. I remember in the history of my own time here in Congre~ Mr. GARRETT. Do not the words "without the authority of a distinguished lawmaker, a Member of the other body of of tlle United States" conr your objection? Congress, an attorney for a noted interstate commercial cor­ Mr. ROSSELL of Missouri. No; a man might take them poration which was being attacked at the time, as I remember without authority and still might do it in good faith. Tie the facts, before the United States courts for some wrong might think he had authority to do it, and he might be mis­ done-possibly a restraint of the interstate trade-and he was taken. the chief counsel and the counsel of record. 1\Ir. Chairman, of 1\Ir. GARRETT. Would not the gentleman's proposition course, I am not now discussing the parliamentary proposition, make it much more di1ficult to punish an officer for stealing but while I have the floor I want to say this, that under our vapers? interstate antipass law l\lembers of Congress are not allowed, a9 · :=..Lr. RUSSELL of 1\Iissouri. I think he ought not to be con­ :Members, to use free passes in interstate traYel, but if they arc Yicted unless he takes them with the intent of defrauding-unless l\Iembers of Congress and also "railroad lawyers" they can and he intends to do some wrong. If he takes the papers in good do use free interstate passes, I am told. At all events the news­ faith without intending to reap any b8!Ilefit from them, without papel'S state that as a fact. I think the matter has come to the intending to get any money from the Government wrongfully, attention of the Interstate Commerce Commission. it seems to me he ou~ht not to be convicted. If a man is a member of Congress, 1\fr. Chairman, he ought 1\Ir. GARRETT. Did the gentleman ever have any experience to be a disinterested lawmaker, and how can he be a disinter­ as tile custodian of court papers? esteu lawmaker, whether he is a. Democrat or a Hepubllcnn, 1\Ir. RUSSELL of Missouri. No; I neyer had any experience . if he is the retained counsel of any interstate commercial cor­ as tile custodian of court papers. I do not see what harm it poration, anu particularly one that recei>es its franchises, 1t can do if the officer takes them in good faith. If he simiJlY land grants, its privileges, its legal existence, under and by makes an honest mistake, he ought not to be con\icteu of a virtue of the :Federal Government·? I introdnceu a bill a few crime. ·If he does it fraudulently, tllen he ought to be con­ days ago to prohii.Jit this. Are we not here every day, or cer­ victed. tainly every session, dealing with francilises that the Federal Mr. GARRETT. If the gentleman from 1\Iissouri will par­ Goyernment grants to interstate concerns-tel(lgraphs, tele­ don me, it is always difficult to pro-re the doing of an act fraud­ phones, railroads, and steamboats? And I say, l\Ir. Chairman, ulently. The man might plead that he took the papers in com­ that in justice to the high office that a. 1\fember fills, in justice to plete forgetfulness, and it could not be proveu that it was done the public service, he should be entirely disinterested--discon­ with a fraudulent intent. nected f-rom hi · client. Wily, in the old days, us I recollect it­ Mr. ROSSELL of Missouri. Our State statutes are full of anu if I am wron~ somebody will correct me-a direntor or thing ..· of that sort. The man who forges a note or other e,·i­ stockholuer in a national bank was not allowed to be a l\Iemoer dence of debt witilout intending to defraud anybody coulu not of Congress. SUIJPOSe, now, that was tile lrtw no\\·. How man~ be cmwicted in our State courts. He must intend a wrong to Members of Congress would be driven out of Congre · '? How somebody. Now I submit tilat under this section of the law a many would be eligible for reelection 'l I do not mean to sal' man might in goou faith be the custodian of a paper and take that because a man is a banker and a lUember of Con~ress a• it wrongfully under the law and not intend any wrong. If Ile the :-:nme tlmc he is dishonest-not by a long shot; but I do "'ny did not intend any wrong, I do not think he ought to be con­ that when he is n banker and has to deal wit.h n f,'TC'ut bunkin~ victed. It will improve the section to insert the word "fraudu­ QUestion, sucll as we bave to-uay confronting us, he hirnse!t lently."' should not I.Jc a stockholder in a national bank an1l a member ot The CHAIRMAN. The question is on the amendment of­ tlle Banking anu Currency Committee. John Quincy AdarJ::J fereu by the gentleman from Missouri. sold his bank stock uefore lle 'vould take the oath as a ~Iemh~'r The question was taken, and on a division (demanded by of this House. It has been stated, :Mr. Chairman, in a magazino hlr. RussELL of Missouri) tllCre were-ayes 34, noes 53. in tile last few weeks, which I read myself, tila t a leadin~ So the amendment was lost. lawmaker in the other enu of the Capitol, a member of a com­ The Clerk, proceeding with the reading of the bill, read as mittee, Ileltl a million dollars of stock in the " tobacco truRt ,. __ follows: Mr. NOltRIS. Will the gentleman yield to a QuestioH? SEC. ·~3. No officer or agent of any corporation. joint stock company, Mr. GAI... ,.ER of Te ~ messee. Certainly. or association, and no member or agent of any firm or person directly ot· indit·ectly interested in tbe pecuniary profits or contracts of such :Mr. 1\0llU.IS. Dju I u11<1crstand tile ~entl man to ~:~ay thnt corporation, joint stock company, association, .or fir!ll shall be employed a num wilo wns a director in a national llnnk could not be a or sllnll a ct as an officer or agent of the Umted l::;tates for the trans­ action of business with such corporation, joint stock company, asso· :Memher of Congre~s '! ciatlon, or firm. Whoever shall violate the provision of this section }!r. GAi t' ]<~' of TennesRee. No; I enid away Lack yonder, shall l>c fined not more than $2,000 and imprisoned not more than two before citller of us wa boru, way back before the civil wnr-­ year a. ~rr. 1\0IUUS. I untierstood the gentleman Mi1l tilnt a 111nn 1\Ir. BRODHEAD. Mr. Chairman, I desire to offer an who was a direc-tor in a national bank was diRqnnlifiell. amendment. Mr. GAINES of 'l'ennesl"ee. No; I "'erything on the farm ll.ut tobnceo. This section does not relate to the election of Members of Con­ )[r. FOSTER of Vermont. Then it does not Ilit the gc:J.tlemml. gres!=! in any way whatever, but simply to the matter of wilo Mr. G.:\l1 ' ES of Tennessee. Ancl I want to sny, fnrtherniore, sllall tranmct ibe business with the Government. The object that if the tobacco bill which rmssed the House llad bt:en rc­ of the amendment is to introuuce into this sectiem some legisla­ ferrC'!l to me ns a committeeman anu I hau stock in the to­ tion on a matter to which the section does not in any way bacco trust, as was the case with some in the otller end of the relate. Cavitol, this magazine article states, I woul

Mr. DE ARMOND. Well, now, Mr. Chairman, inasmuch as of a Member that in any way touches upon the question whether the Chairman recognized me and took me off my feet, I would he may practice before one of the Departments, and yet we like to say a few words, anyhow. know that quite lately a Member of the body at the other end The CHAIRMAN. The gentleman may ask unanimous con- of this Capitol resigned after indictment and conviction for sent. violating a Federal statute against such employment and serv­ 1\fr. DE .ARMOND. No, sir; I was on my feet. ice after he became and while he was a Member of Congress. The CHAIRl\IAN. Then the gentleman may take an appeal. Talk about that being a question of eligibility or constitutional Mr. DE .ARMOND. I wa.s on my feet and W'as recognized qualification! Notwithstanding the ruling which the Chairman by the Chair and recognized on the point of order. Now, I made, I think improvidently and without properly considering want to know why the Chair took me off my feet. the merits of this case, I do not wonder at the gentleman from The CHAIRMAN. The Chair said he would hear the gentle­ New York [l\Ir. PAYNE] showing a readiness to withdraw the man very briefly, and then the gentleman who offe~ the point point of order, which has absolutely nothing in it. LCries of of order asked to withdraw it. The Chair was prepared to " Vote ! -'' " Vote ! "] I have no doubt a vote would be a very rule. good thing, but a correct decision of this subject would be a Mr. DE ARMOND. Yes; but the point I am on is this- better thing. [Applause.] 1\lr. DALZELL. Regular order! "The CHAIRMAN. Section 43 does not refer to Members of Mr. DE ARMOND. This is the regular order. Congress at all, but refers to officers and agents of corporations. The CHAIRMAN. The gentleman is out of order. The former ruling of the Chair will be adhered to. Mr. DE .ARl\IOJ\TD. What I desire to say is this: I was l\Ir. BRODHEAD. I appeal from the decision of the Chair. upon my feet addressing the Chair upon the point of order The CHAIRMAN. The gentleman from Pennsylvania ap­ and was recognized by the Chair for that purpose. He said peals from the decision of the Chair. The question is, Shall he would hear the gentleman from Missouri; then he took me the decision of the Chair stand as the judgment of the com­ off my feet. _ mittee? The CHAIRMAN. The Chair stated he would hear the The question being taken, on a division (demanded by l\Ir. gentleman very briefly, and heard him briefly, and has been BRODHEAD) there were--ayes 73, noes 5!). prepared to rule and has ruled; but the Chair will hear the l\Ir. BRODHEAD. I call for tellers. gentleman. Tellers were ordered, and the Chairman appointed l\Ir. MooN 1\Ir. DE ARMOND. Very well. This is very largely a mat­ of Pennsylvania and Mr. BRODHEAD. ter of vindication of parliamentary ·rights. I will not address The committee again divided, and the tellers reported-ayes myself to the point of order with the hope of the chairman 79, noes 62. changing his mind, for we all know how tenacious we are of Accordingly, the decision of the Chair was sustained. our own opinions and judgment after we ha-ve announced the The Clerk read as follows: opinion and pronounced the judgment; ne-vertheless I submit SEc. 45. Whoever shall procure or entice any .artlcifier or workman that the amendment offered by the gentleman from Pennsyl­ retained or employed in any arsenal or armory to depart from the vania is not a proposition to add to or change the qualifications same during the ·continuance of his engagement, or to avoid or break his contract with the United States, or whoever, after due notice of of a 1\lember of Congress, but goes solei to his conduct while the engagement of ~uch wor"kman or artificer, during the continuance lJ.e is a Member of Congress. _ of such engagement, shall retain, hire, or in anywise employ, harbor, Perhaps the chairman may not appreciate the particular dis­ or conceal such artificer or workman, shall be fined not more than tinction, but it is -very clear in my mind. There are certain $50, or imprisoned not more than three months, or both. things, of course, which Congress can prohibit with reference l\Ir. WILLIAMS. 1\Ir. Chairman, I mo-ve to strike out the to 1\lembers of Congress as well as with reference to other last word. I want to call the attention of the committee to the people. The question as to the qualifications of Members of fact that this section provides that- . Congress goes to their admission after they have been elected. Whoever shall procure or entice any artificer or workman retained or employed in any arsenal or armory, to depart from the same dur­ Questions tha,t go to the condu~t of a Member of Congress, ing the continuance of his engagement, or to avoid or break his contract while a~ting as such, have nothing whate-ver to do with the with the United States; or whoever, after due notice of the engagement constitutional requirements to make him eligible for election to of such workman or artificer, during the continuance of such engage­ ment, shall retain, hire, or in any wise employ, harbor, or conceal such Congress. artificer or workman, shall be fined not more than fifty dollars, or Now, the propos,ition submitted by the gentleman from Penn­ imprisoned not more than three months, or both. sylvania is this, that a Member of Congress, in the judgment I call the attention of the House to that statute for this of Congress, if this amendment were adopted, would so far reason: The Attorney-General of the United States has recently, depart from his duties as a Member of Congress, if he ,..,-ere I understand, indorsed a report of a special ao-ent which de.: also to serve a corporation engaged iii interstate commerce, clared that a statute of the State of l\Ii sis ippi precisely on as that his dereliction ought to be denounced and punished all fours- with this, except that it applies to men who ha-ve under this section. If that has anything to do with the ques­ made a contract for a year to work a cotton crop and to those tion of how old a man shall be, how long he shall have resided who shall persuade or entice them to depart from the same in this country, or anything else that goes to constitutional during the continuance of the contract or shall "hire or em­ qualification, I confess my inability to see it. I do not know ploy·, them during the continuance of the contract, is in effect whether the Chairman would care to consider the matter, but peonage_. That statute has been denounced as a statute author- if he does I should like to direct his attention plainly to this ~ing peonage. · point, that there is not a thin()' in the amendment that goes to Here isla statute of the United States applicable to work­ the question of qualification for membership here; that it goes men-not soldiers, not sailors, but workmen engaged in an solely to the conduct of the qualified person after he is a industrial pursuit, and it prescribes punishment for precisely Member here. the same defined offense as does this Mississippi statute. I Now, if i.t is competent for Congress to legislate upon the want the country to know that if the Mississippi statute of subject of what a man may do or what he may not do here, employment be peonage, the United States statute for the then it is competent to legislate in regard to this matter. If workingmen employed by the United States in arsenals and it is competent for Congress to provide that one who is here armories is also peonage. [.Applause.] as a Member and who also has the relationship of employment, Mr. WEBB. l\Ir. Chairman, I offer the following amend- or close identification in some other way, with a corporation ment. ' engaged in interstate commerce, shall be prohibited from voting The Clerk read as follows: upon a proposition in-volving the very company with which he Insert after "armory," in line 2, "while war exists between tte is connected and his own interests, it is also competent for nited States and another power." Congress, by legislation, to provide that he shall not have that Mr. WEBB. Mr. Chairman, that amendment will relieve connection at all while he is here. He is not compelled to come the section of an objectionable feature somewhat. and relie-ve to Congress; but tmder this provision, if adopted, he would be it from being construed strictly as a peonage section. But as compelled to choose between the antagonistic corporation em­ tlte section stands it is one of the peculiarities that we find in ployment and the public duty of a Congressman. It may be the Federal law. It certainly smacks of peonage, which cer­ that that goes to the qualifications of a Member, and it may be tain parties seem anxious to destroy in the South. Lawyers that it does not. I ·think it does not. will notice that an accessory is denounced by this section, while Ur. FII\'LEY. The gentleman is well aware, I am sure, that the man who breaks the coutract-tbat is, the principal-is Congress has enact cl a law making it a crime for a :Member of guilty of nothing. In other words, the principal, the person who Congress to prac.tice befor~ the Departments. breaks the contract, is guilty of no offense, but the man who Mr. DE ARl\IO .... TD. I think the suggestion made by my persuades him to quit work and break his contract is guilty friend ·from South Carolina is very pertinent. There is nothing of a misdemeanor. There is nowhere in our statutes any law in the constitutional provision in regard to the qualification against a man who quits work in an armory as an artificer 01' 1908. CONGRESSIONAL RECORD-HOUSE. "665

workman, whether he quits voluntarily or upon enticement, in salaries paid from lump sums in the Department of Agri­ but it is a crime under this section to induce him to leave. culture for the calendar year _1907-to the Committee on Ex­ There ought not to be such an incongruity in our statutes. It penditures of the Department of Agriculture. was passed in 1800. You might as well imprison one who in­ A letter from the Acting Secretary of War, transmitting re­ duces robbery and let the robber go free. You ought either to ports relating to the claim of D. E. Gilchrist, of Portsmouth, adopt this amendment to make it a crime for the artificer to N. H., on account of damages to the steamer Queen GUy­ quit during war, or repeal the whole section. It is a dangerous to the Committee on Claims and ordered to be printed. section as it stands, and therefore I have offered the amendment, A letter from the assistant clerk of the Com·t of Claims, .trans­ which provides that if the inducement oceurs while war exists, mitting a copy of the findings filed by the court in the case of he shall then and there only be guilty of a misdemeanor, and Joseph H. Bean, administrator of estate . of Joseph Bean, I do not see why the amendment should not be adopted. The against ~'he United States-to the Committee on War Claims whole section should be stricken out, but the adoption of my and ordered to be printed. amendment will pull its worst fangs. A letter from the assistant clerk of the Court of Claims, trans­ 1.'he CHAIRMAN. The question is on the amendment offered mitting a copy of the findings filed by the court in the case ot by the gentleman from North Carolina. 1\li:'s. ~annie Cogswell, Oscar W. Cogswell, John K. Cogswell, The question was taken, and on a division (demanded by Mr. and Emma CogswelJ, heirs of estate of 0. H. Cogswell, against WEED) there were-ayes 39, noes 62. The United States-to the Committee on War Claims and So the amendment was lost. ordered to be printed. 1\lr. l\IOON of Pennsylvania. Mr. Chairman, I move that the .A. letter from the Secretary of War, transmitting, with a let· committee do now rise. ter from the Chief of Engineers, report of examination of the The motion was agreed to. Ohio River-to the Committee on Rivers and Harbors and or· Accordingly the committee rose, and Mr. DALZELL having dered to be printed, with illustrations. resumed the chair as Speaker pro tempore, Mr. BANNON, Chair­ man of the Committee of the Whole House on the state of the Union, reported that that committee had had under considera­ CHANGE OF REFERENCE. tion the bill (H. R. 11701) to codify, revise, and amend the · Under clause 2 of Rule XXII, ·committees were discharged penal laws of the United States, and had come to no resolution from the consideration of bills of the following titles, which thereon. were thereupon referred as follows : LEAVE OF ADSENCE. A bill (H. R. 8760) granting an increase of pension to Emily Mr. BUTLER of Pennsyl'rania, by unanimous consent, was vV. Tilley-Committee on Invalid Pensions discharged, and re­ gi\en leave of absence indefinitely, on account of illness in his ferred to the Committee on Pensions. family. A. bill (H. R. 12976) to correct the record of discharge of WITHDRAWAL OF PAPERS. Capt. Amos Dahuff-Committee on Invalid Pensions discharged, Mr. BONYNGE, by unanimous consent, was given leave to and referred to the Committee on Military Affairs. withdraw papers filed in support of H. R. 233, Fifty-ninth Con­ A bill (H. R. 12977) to correct the military record of Paris gress, no adverse r.eport ha>ing been made thereon. R. Winslow-Committee on Invalid Pensions dis<;h:Irged, and re­ ferred to the Committee on Military Affairs. JOI T BE SOL UTI ON PRESENTED TO THE PRESIDENT FOR IIIS APPROVAL. A bill (H. R. 12978) granting an increase of pension to Shad· 1\Ir. WILSON of Illinois, from the Committee on Enrolled rack Hudson-Committee on InYalid Pensions discharged, and Bi1ls, reported that this day they had presented to the President referred to t.be Committee on Pensions. of the United States, for his approyal, the following joint reso­ A bill (H. R. 12SG5) granting an increase of pension to l\Iary lution: B. Rice-Committee on Invalid Pensions discharged, and re­ H. J. Res. SO. Joint resolution authorizing the Secretary of ferred to the Committee on Pensions. War to receive for instruction at the Military Academy at West Point Mr. Hernan Ulloa, of Costa Rica: PUBLIC BILLS, RESOLUTIONS, AND 1\fE~IORIALS. HOUSE JOINT RESOLUTION 88. Under clause 3. of Rule XXII, bills, resolutions, and memor­ Mr. SCOTT. Mr. Speaker, I ask unanimous consent for the ials of the following titles were ·introduced and severally re­ present consideration of . House joint resolution 88. ferred as follows : Mr. WILLIA1\1S. Mr. Speaker, without knowing what the By 1\Ir. STEEl'.TERSON: A bill (H. R. 13428) to provide for resolution is, it is now after 5 o'clock, and for that reason I ob­ increasing the limit of cost of the public building authorized tc ject. be erected at Crookston, Minn.-to the Committee on Public Mr. SCOTT. I withdraw the request. Buildings and Grounds. ADJOURNMENT. By Mr. GREGG: A bill (H. R. 13429) to provide for remodel­ I\Ir. MOON of Pennsyl\ania. 1\fr. Speaker, I moye that the ing and enlarging the post-office and custom-house and apprais­ Honse do now adjourn. ers' stores building and the erection of a new building for the The motion was agreed to; accordingly (at 5.,o'clock and 1 custom officials at Galveston, Tex.-to the Committee on Public· minute p. m.) the House adjourned.· Buildings and Grounds. By 1\Ir. CRUMPACKER: A bill (H. R. 13430) to authorize the Chicago, Indianapolis and Louisville Railway Company to EXECUTIVE COi\fMUNICATIONS. construct a bridge across the Grand Calumet River in the city . uud.er clause 2 of Rule XXIV, the following executive com­ of Hammond, Ind.-to the Comm~ttee on Interstate and Foreign munications were taken from the Speaker's table and referred Commerce. as follows: By 1\Ir. EDWARDS of Georgia: A bill (H. R. 13431) to ap­ A letter from the Acting Secretary of War, transmitting, propriate certain money for improvement of harbor at Sa­ with a letter from the Chief of Engineers, report of examina­ vannah, Ga., and the Savannah River-to the Committee on tion of Sab1ne Riyer, Texas; ana Louisiana-to the Committee RiYers and Harbors. on Rivers and Harbors and ordered to be printed. By Mr. CLARK of : A bill (H . .R. 13432) to provide A letter from the Acting Secretary of the Treasury, trans­ for the erection of a subtreasury building and the establishment mitting a copy of a letter from the Secretary of War submit­ of a subtreasury at Jacksonsille, in the State of Florida-to ting an estimate of appropriation for clothing and camp and the Committee on 'Yays and Means. garrison equipage for the Army-to the Committee on Military Also, a bill (H. R. 13433) for a survey of the Suwanee RiYer, Affairs and ordered to be printed. in the S_tate of Florida-to the Committee on Rivers and Har­ A letter from the Acting Secretary of War, transmitting, bors. . with a letter from the Chief of Engineers, report of examina­ By l\Ir. FULTON: A bill (H. R. 13434) for the erection of a tion and survey of shoal off Stuyyesant Harbor, Hudson Riyer, public building at Anadarko, Okla.-to the Committee on Pub­ New York-to the Committee on Rivers and Harbors and or- lic Buildings and Grounds. dered to be printed with illustrations. · Also, a bill (H. R. 13435) for the erection of a public build­ A letter from the Clerk of the House of Representatives, ing in Alva, Okla.-to the Committee on Public Buildings and transmitting a list of reports to be made to Congress by public Grounds. officers during the Sixtieth Congress-to the Committee on AJso, a bill (H. R. 13436) for the erection of a public building Rules and ordered to be printed. at El Reno, Okla.-to the Committee on Public Buildings and A letter from the- Secretary of Agriculture, transmitting a Grounds. statement of promotions, appointments, and other changes made Also, a bill (ll. R. 13437) for the erection of a public buildinl: 666 CONGRESS! ON AL RECORD-HOUSE. JANUARY 13,

at Oklahoma City, Okla.-to the Committee on Public Buildings ing at Darlington, S. C.-to the Committee on Public Buildings and Grounds. and Grounds. Also, a bill (H. R. 13438) for the erection of a public building By Mr. GRAHA.M: A bill (H. R. 13459) to provide for the at Woodward, Okla.-to the Committee on Public Buildings erection of a public building at Sewickley, Pa.-to the Com­ and Grounds. . mittee on Public Buildings and Grounds. By 1\fr. D.A VENPORT: A bill (H. R. 13439) to provide for By 1\fr. 1\f.A..l'lli: A bill (H. R. 13460) supplemental to the the construction .of a military road at the United States ceme­ food and drugs act,. June 30, 1906-to the Committee on Inter­ tery at Fort Gibson, Okla.-to the Committee on Military state and Foreign Commerce. Affairs. By 1\fr. LEE: A bill (H. R. 13461) appropriating $20,000 to By Mr. ADAIR: A bill (H. R. 13440) to provide for the pur­ construct a Government road from Chickamauga National Park chase of a site and the erection thereon of a public building at to the Government rifle range, in Catoosa County, Ga.-to the Alexandria, in the State of Indiana-to the Committee on Pub- Committee on Military Affairs. lic Buildings and Gro~nds. . By 1\Ir. WEEMS: A bill (H. R. 13462) for the erection o:f a Also, a bill (H. n. 13441) to provide for the purchase of a Federal building for the United States at Steubenville, Ohio­ site and the erection of a public building thereon at Winchester, to the Committee on Public Buildings and Grounds. in the State of Indiana-to the Committee on Public Buildings By Mr. RYAN: A bill (H. R. 13463) amending section 4463 and Grounds. of the Revised Statutes of the United States-to the Committee Also, a bill (H. R. 13442) to provide for the purchase of a on the 1\Ierchant Marine and Fisheries. site and the erection of a public building thereon at Decatur, in By, 1\fr. MOORE of Pennsylvania: A bill (H. R. 13464) the State of Indiana-to the Committee on Public Buildings. and granting a service pension to all officers and enlisted men of Grounds. the United States Army, Navy, and Marine Corps, both llegu­ Also, a bill (H. R. 13443) to provide for the purchase of a lar and Volunteer, who have been awarded medals of honor or site and the erection of a public building thereon at Elwood, who may hereafter be awarded such medals, under acts of in the State of Indiana-to the Committee on Public Buildings Congress approved December 21, 1861, and so forth-to the Com­ and Grounds. mittee on Invalid Pensions. Also, a bill (H. R. 13444) to provide for the purchase of a By Mr. KALANIANAOLE: A bill (H. R. 13465) to amend site and the erection of a public building thereon at Bluffton, the laws concerning transportation between ports of the Terri­ in the State of Indiana-to the Committee on Public Builillngs tory of Hawaii and other ports of the United States-to the and Grounds. Committee on the Merchant Marine and Fisheries. Also, a bill (H. R. 1344.5) to provide for the purchase of a site and the erection of a public building thereon at Portland, in By Mr. MUDD: A bill (H. R. 13466) authorizing the Presi­ dent of the United States to purchase the Chesapeake and the State of Indiana-to the Committee on Public Buildings and Delaware Canal-to the Committee on Railways and Canals. Grounds. By 1\Ir. BENNET of New York: A bill (H. R. 13467) con­ By Mr. PORTER: A bill (H. R. 13446) for the erection of a stituting a commission to investigate diplomatic and consular public building at North Tonawanda, Niagara County, N. Y.-to affairs-to the Committee on Foreign Affairs. the Committee on Public Buildings and Grounds. By Messrs. DALZELL, BURKE, BARCHFELD, and GRA­ By Mr. RICHARDSON (by request) : A bill (H. R. 13447) HAM : A bill (H. R. 13468) providing for the erection of a to amend section 549 of the postal laws of the United States, post-office building at Pittsburg, Pa.-to the Committee on paragraph 3-to the Committee on the Post-Office and Post­ Public Buildings and Grounds. lloads. R. By 1.\fr. ACHESON: A bill (H. R. 13448) to authorize th~ By 1\Ir. ALLEN: A bill (H. 134G9) for the purchase or counties of Allegheny and Washington, in the State of Pennsyl­ construction of a vessel or launch for the customs service at vania, to change the site of the joint county bridge which now and in the vicinity of Portland, Me.-to the Committee on In­ ·crosses the Monongahela River at Monongahela City, Pa., and to terstate and Foreign Commerce. construct a new bridge across said river in the place of said By 1\Ir. CRAWFORD: A bill (H. R. 13470) authorizing a present bridge upon a new site-to the Committee on Interstate public building at Hendersonville, N. C.-to the Committee on and Foreign Commerce. Public Buildings and Grounds. By Mr. LEAKE: A bill (R. R. 13449) to bridge the Newark By Mr. LAMAR of Missouri: A bill (H. R. 13471) prohibit­ Bay-to the Committee on Interstate and Foreign Commerce. ing work in the District of Columbia on the first day of the Also, a bill (H. R. 13450) to establish a light and fog signal week, commonly called Sunday-to the Committee on the Dis­ in New York Bay at the entrance to the dredged channel at trict of Columbia. Greenville, N. J.-to the Committee on Interstate and Foreign By Mr. Sl\IAJ.JT.J: A bill (H. R. 13472) to increase the limit Commerce. of cost for the acquisition of a site and the erection of a public By Mr. SABATH: A bill (H. R. 13451) to provide a tax building thereon at \Vashington, N. C.-to the Committee on upon all dowries, gifts, settlements, or advances of property Public Buildings and Grounds. made in consideration of or in contemplation of marriage by By l\Ir. GLASS: A bill (H. R. 13473) to amend section 3 of citizens or subjects of the United States of America to persons the public bu'lding act of .Tune 30, 1906, so as to increase the other than citizens or subjects of the United States of Amer­ cost of enlarging the public building at Roanoke, Va., to ica-to the Committee on Ways and Means. $100,000-to the Committee on Public Buildings and Grounds. By Mr. JONES of Washington: A bill (H. R. 13452) author­ By Mr. SMITH of Iowa: A biil (H. R. 13474) to amend the izing and directing the Secretary of the Navy to consn·uct and act of February G, 1907, granting pensions to certain enlimed equip subsurface or submarine torpedo boats to be stationed men, and officers, who served in the civil war or the war with in the waters of Puget Sound, State of 'Vashington, and for Mexico-to the Committee on Invalid Pensions. other purposes-to the Committee on Naval Affairs. By Mr. LANGLEY: A bill (H. R. 13475) to establish a By Mr. BOWERS: A bill (H. R ..13453) to distribute the sur­ United St.·'l.tes court at Jackson, in the eastern district of Ken­ plus in the Treasury of the United States to the several States tucky-to the Committee on the Judiciary. and Territories and the District of Columbia for the sole pur­ By Mr. MOORE of Pennsylvania: A bill (H. R. 13476) for pose of improving the roads therein-to the Committee on Ways the relief of the State of Pennsylvania-to the Committee on and Means. War Claims. Also, a bill (H. R. 13454) to appropriate $500,000 for the By 1\lr. ALEXAl\TDER of New York (by request) : A bill prosecution and extension of the work of the Bureau of Soil (H. R. 13477) to amend an act entitled "An act to amend an act SuHeys in the Department of Agriculture-to the Committee entitled 'An act to promote the safety of employees and travelers on Agriculture. upon railroads by compelling common carriers engaged in inter­ By 1\fr. ROBINSON: A bill (H. R. 13455) to authorize and state commerce to equip their cars with automatic couplers and provide for the investigation and surv!9y of swamp, wet, and continuous brakes and their locomotives with driving wheel overflowed land, and to devise plans and systems of drainage btakes, and for other purposes,' approved March 2, 1 D3, and therefor-to the Committee on Agriculture. amended April 1, 1896, approved 1\farch 2, 1003 "-to the Com­ By Mr. HAYES: A bill (H. R. 13456) to amend section 3255 mittee on Interstate and Foreign Commerce. of the Revised Statutes of the United States-to the Committee By Mr. GREENE: Resolution (H. Res. 140) authorizing the on Ways and 1\Ieans. Committee on the 1\ferchant l\Iarine and Fisheries to print-to By Mr. ELLERBE: A bill (H. R. 13457) to provide for the the Committee on Printing. erection of a monument to Brig. Gen. Francis 1\Iarion-to the By Mr. Al\TDREWS: Resolution (H. Res. 141) for the addi­ Committee on the Library. tional payment of the two me sengers in the office of the dis­ Also. a bill (H. R. 13458) for the erection of a public build- bursing clerk of the House-to the Committee on Accounts. 1908. CONGRESS! ON AL RECORD-HOUSE. 667

By 1\Ir. HASKINS: Resolution (H. Res. 142) authorizing Also, a bill (H. R. 13508) granting an increase of pension to the appointment of a stenographer to the Committee on War James S. Wigmore-to the Committee on Invalid Pensions. Clairn:- to the Committee on Accounts. Also, a bill (H. R. 13500) granting an increase of pension to BJ· ::\Ir. WILSON of Illinois: Resolution (H. Res. 143) for Clarence D. Hess-to the Committee on Invalid Pensions. the nppointment of an assistant clerk to the Committee on En­ Also, a bill (II. R. 13510) granting an increase of pension to rolled Bills-to the Committee on Accounts. 1\Iary A. Davidson-to the Committee on In>alid Pensions. .AJso, resolution (H. Res. 14-1) for the appointment of a Also, a bill (H. R. _13511) granting an increase of pension to janitor to the Committee on Enrolleu Bills--to the Committee John Spies-to the Committee on Invalid Pensions. on Accounts. Also, a bill (H. R. 13G12) granting an increase of pension to By ::\[r. HOBSON: Joint resolution (H. J. Res. 98) to pro­ Tllomns Connelly-to the Committee on Invalid Pensions. vide a consecuti>c na>al programme-to tho Committee on Also, a bill (H. R. 13513) granting an increase of pension to Na >al Affairs. John G. Heckman-to the C'Ommittee on Invalid Pensions. Also, a bill (H. R. 13514) to remove the charge of desertion from the military record of John J. McNaughton-to the Com­ PRIVATE BILLS AND RESOLUTIONS. mittee on 1\lilitary Affairs. Under clause 1 of Rule L""'CII, pri>ute bills and resolutions of Also, a bill (H. R. 13515) grunting a pension to Oliver 1\l. tile following titles were inh·ouuced and severally referred as Reid-to the Committee on Pensions. follo,-,s: Also, a bill (H. R. 13516) granting a pension to Laura New­ By Mr. ACHESON: A bill (II. R. 13--178) grunting an increase man-to the Committee on Invalid Pensions. of vension to John W. Buchanan-to the Committee on Invalid By 1\Ir. CUSHMAN: A bill (ll. R. 13517) granting an in­ Pen:;: ions. crease of pension to William Ogan-to the Committee on In­ B'l ~lr. ALE...~'DER of 1\fissouri: A bill (H. R. 13470) yalid Pensions. gra~ting an increase of pension to John Q. Hickman-to the Also, a bill (H. R. 13()18) granting an increase of pension to Committee on In>alid Pensions. Charles D. Spencer--to the Committee on Invalid Pensions. Bv ~r. ANDREWS: A bill (H. n. 13480) grunting a pension Also, a bill (H. R. 13::319) for the relief of David P. Robin­ to Jlarris B. Smith-to the Committee on In>alid Pensions. son and Thomas H. Robinson-to the Committee on Claims. Also, a bill (H. R. 13481) granting an increase of pension to Also, a bill (H. R. 13520) for the relief of George Drake and II. A. Ynn Epps-to the Committee on Invalid Pensions. Lillie Nelson-to tile Committee on Claims. By .Mr. BONYNGE: A bill (H. R. 13482) granting a pension By 1\lr. DARRAGH: A bill (H. R. 1S521) granting an in­ to Amos Jenh'y-to the Committee on Pensions. crease of pension to Edwin D. Childs-to the Committee on AJso, a bill (II. R. 13483) granting a pension to H. C. Doll­ Invaliu Pensions. to tlle Committee on Invalid Pensions. By :i\Ir. DAYEXPOUT: A bill (II. R. 13522) granting a pen­ .AlRo, a bill (H. R. 13484) granting a pension to Sebald V. sion to Simon McKenzie-to the Committee on Invalid Pen­ Sclllessinger-to the Committee on Pensions. sions. By Mr. BHADLEY: A bill (H. R. 13485) granting an in­ Also, a bill (H. R. 13523) granting an increase of pension to crease of pension to Samuel 1\I. Henderson-to the Committee Charles E. Livingston-to the Committee on Invalid Pensions. on In>alid Pensions. By 1\Ir. DRAPER: A bill (H. R. 13524) granting a pension B~ ~r. CALE: A bill (H. R. 1348G) for the relief of Albert to Catharine Shovelanu-to the Committee on Pensions. n. Heilig-to the Committee on Claims. Also, a bill (H. n. 13525) granting an increase of pension to By .Mr. CALDWELL: A bill (II. R. 13487) granting an in­ 1\fary A. 1\fcDowell-to the Committee on Invalid Pensions. crease of pension to Calvin 1\f. Partlow-to the Committee on By 1\Ir. ED\VARDS of Kentucky: A bill (H. R. 13526) grant­ Invalid Pensions. ing an increase of pension to Tarandocty Owens-to the Com­ AJE!o, a bill (H. R. 13488) gmnting an increase of pension to mittee on In>alid Pensions. James P. Hill-to the Committee on Invalid Pensions. Also, a bill (H. R. 13527) granting an increase of pension to AJso, a bill (H. R. 1348!)) granting an increase of pension to Elizabeth Baker-to the Committee on InvaliLl Pensions. Valentine B. Hummel-to the Committee on Invalid Pensions. Also, a bill (II. R. 13ti28) grunting an increase of pension to Also, a bill (H. R. 13490) granting an increase of pension 1\Iary A. Farmer-to the Committee on Invalid Pensions. to )Iichael Walsh-to the Committee on Invalid Pensions. Also, a bill (H. R. 13520) granting an increase of pension to AJgo, a bill (II. R. 13401) granting an increase of pension to Ira 1\lcCrury-to the Committee on Invalid Pensions. .Abralmm Pevylwuse--to the Committee on Invalid Pensions. Also, a bill (H. R. 13()30) grunting an increase of pension to .Also. a bill (H. n. 13492) removing charge of desertion against James K. Wesley-to the Committee on Invalid Pensions. Johll Young-to the Committee on 1\filitary Affairs. Also, a bill (II. R. 13531) granting an increase of pension to .-\Jso, a bill (H. R. 13403) removing charge of desertion against Thomas J. Taylor-to the Committee on Invalid Pensions. John n. Butler-to the Committee on 1\Iilitary Affairs. Also, a bill (H. R. 13()32) granting an increase of pension to nv ~Jr. CALDER: A blll (H. R. 13404) granting a pension Benjamin J. Bowman-to the Committee on Invalid Pensions. to Sidney Raphael-to the Committee on Pensions. Also, a bill (II. R. 131333) grunting an increase of pension to nv :.\lr. CAl\iPBELL: A bill (II. R. 13405) for the relief of Hiram 1\Ioore-to the Committee on InYalid Pensions. Wiljimn T. Grady-to the Committee on Military A:t'Cairs. Also, a bill (H. n. 13334) granting an increase of pension to Bv ~lr. CA~TDLER: A bill (H. R. 1349G) granting a pension Thomas l\I. Floyd-to the Committee on Invalid Pensions. to :\rnttie B. Homsey-to the Committee on In>alialid Pensions. increase of vension to Charles Holmes-to the Committee on Al"o, a bill (H. R. 13G01) granting an incrense.of pension to Invalid Pensions. Chnrles l\1. Anuerson-to the Committee on Invalid Pensions. By 1\lr. FERRJS: A bill (H. R.13540) to remo>e the charge of Also, a bill (H. R. 13G02) granting an increase of pension to desertion and correct the military record of James Wilson-to William A. ::\fathes-to the Committee on Invalid Pensions. tile Committee on l\Ii1itary Affairs. .Also, a bill (IT. R. 13ri03) granting an increase of pension t_o By 1\Ir. FOCHT: A bill (II. n. 1~541) granting an increaE=e William ·w. Templeton-to the Committee on Invalid Pensions. of pension to William 1\Iartin-to the Committee on Invalid AlEo, a bill (IT. n. 13504) granting an increase of pension to Pensions. ..A..rHlrew J. White-to the Committee on In>alltl Pensions. By 1\Ir. FORJ\"'ES: A bill (H. R. 13542) for the relief of the Dy ::\fr. CRUl\IP.\.Cirnrt: A bill (H. R. 1850u) grunting an estate of Ramsey Crooks-to the Committee on Indian Affairs. increase of vension toN. A. Chamberlain-to the Committee on Also, a bill (H. R. 13543) for the relief of the estate of 1nv:.11id Pensions. Ramsey Crooks-to the Committee on Indian Affairs. .Al~o, a bill (H. R. 18506) granting an increase of 11ension to Also, a bill (H. R. 13544) grunting an increase of pension to Charles C. nroiVll-to the Committee on Invalid Pensions. Bridget Murphy-to the Committee on Im·alid Pensions. Al ~o, a bill (II. R. 13507) granting an increase of pension to By l\Ir. FOSTER of Vermont: A bill (H. R. 13G45) for the .Asher Diltz-to the Committee on Invalid Pensions. relief of n. Jackman-to the Committee on Claims. 668 CONGRESSIONAL RECOR.D-ITOUSE. JANUARY 13,

Also, a bill (H. R. 13i316) granting an increase of pension to a pension to B. F. DuniTin-to the Committee on Invnllll Pen­ Charles Von Steinberg-to the Committee on Invalid Pensions. sions. Also, a bill (H. R. 13547) granting an increase of pension to Also, a uill (H. R. 13:-570) granting an incrcnse of l)Cnsion to Henry B. Allen-to the Committee on lnTalid Pensions. Hczckiah "rilliams-to the Committee on Invalid Pen ioh.'. Also, a bill (II. n. 133-:18) granting an increase of pension to Also, a bill (H. R. 135 0) granting au inl!rease of pe1Uon to Sidney A. Ladd-to tho Committee on lnTalid Pensions. Francis M. Kittrell-to the Committee on Invaliu Pensions. lly Mr. GAINES of Tennessee: A bill (H. R. 13549) granting Also, a bill (H. n. 13[) 1) granting an increase of llC'n. ion to an increase of pension to Nancy E. Robinson-to the Committee Moses H. Dans-to the Committee on Invalid Pensions. on Pensions. Also, a bill (H. R. 13G82) granting au increase of pen<:ion to By Mr. GARRETT: A bill (H. R. 13550) granting a pension J. T. Huitt-to the Committee on Invalid Pensions. to b1Jby U. J. Hay-to tho Committee on Pensions. Also, a bill (H. R. 13583) to correct the military record of By :llr. GLASS: A bill (H. R. 13:351) for the relief of heirs V. B. Gatewood-to the Committee on Military AD'air". of James Jones, deceased-to the Committee on War Claims. By Mr. LA]lB: A bill (II. R. 13584) granting an incrcnse of Also, n bill (H. n. 13rl;::i3) to carry out the findings of the pension to Gny Warren Schell-to the Committee on Pensiom:. Court of Claims in the case of Margaret 1\1. Donnelly, widow of By .Mr. LORIUER: A bill (H. R. 13iJ 5) for the relief of Ed-ward ,V. Donnelly, deceased-to the Committee on War William P. Ryan-to the Committee on Claim . Claims. By :Mr. LOUDE.~.-SLA.GER: A bill (H. 13386) for the re­ By 1\Ir. GR.\.FF: A bill (H. R. 13553) for the relief of the n. lief of William llnclclille-to the Committee on Claims. Chicago, Peoria and St. Louis Rail~Yay Company of Illinois­ By l\Ir. LOWDEN: A bill (H. R. 13587) granting an increase to the •ommittee on Ways and :Means. of l)ension to John A. Binninger-to the Committee on Invalid Also, n bill (H. R. 13554) for the rellef of D. M. Sprague and 'Villiam Tilton-to the Committee on War Claims. Pensions. Also, a bill (H. n. 13555) granting an increase of pension to By Mr. 1\IcKINLEY of Illinois: A bill (H. R. 13588) grant­ Joseph :N. Dawson-to the Committee on Invalid Pensions. ing an increase of pension to J. S. Prose-to the Committee on By ~Ir. GREE:NE: A bill (H. R. 13GGG) granting a pension to Invalid Pensions. Sarah .... 1. Chadwick-to the Committee on InTalid Pensions. Also, a bill (H. R. 13580) granting an increase of pcm;ion to Also, a blll (H. R. 135G7) granting a pension to Jennie F. George :1\I. Bence--to the Committee on Im·alid Pen ious. Blcflins-to the Committee on Pensions. Also, a bill (H. R. 133!l0) granting an increase of pen~ion to Also, a bill (H. R. 1335 ) granting an increase of pension to Margaret A. 1\IcPhecters-to the Committee on Invalid Pensions. Abby A. Brightman-to the Committee on Pensions. Also, a bill (H. R. 135!)1) granting an increase of pension to By Mr. HACKETT: A bill (H. H. 1355!)) for the relief of George W. Drummond-to the Committee on Invalid Peusions. heirs of William Haynes Kilby, deceased-to the Committee on ..Also, a bill (H. R. 13502) granting an increase of pension to ·war Claims. Aaron Stevens-to the Committee on Inv:::tlid Pensions. By ~Ir. HALE: A bill (H. n. 13uGO) granting an increase of By Mr. l\1ARSHALL: A bill (II. R. 13G03) authorizing the pension to Rufus :M. Liggett-to the Committee on lnTaliu Pen­ Secretary of the Interior to permit entry by Georg-e W. Grinnell, sions. jr., John Grinnell, Charley Grinnell, and Ellen Grinnell, heirs of By l\fr. HASKINS: A bill (II. R. 135Gl) for the allowance George W. Grinnell, deceased, of 640 acres of land--to the Com­ of certain claims reported by the Court of Claims under the mittee on the Public Lanus. proTi ions of the acts approved l\Iurch 3, 1883, and March 3, By Mr. 1\IUDD: A bill (H. R. 135!)4) granting a pen ion to 1 7, and commonly known as the Bowman anu the Tucker An

Also, .a bill (H. It. 13615) granting a pension to D. B. By Mr. ASHBROOK : Paper to accompany bill for relief of Crews-to the Committee on Invalid Pensions. Joseph 1\larshall-to the Committee on Invalid Pensions. By :Mr. PAGE: A bill (H. R. 13616) for the relief of the Also, paper to accompany bill for relief of Andrew J. Hogee­ heirs of Joseph Graham Howie-to the Committee on Claims. to the Committee on Invalid Pensions. By 1\Ir. PAYNE: A bill (H. R. 13617) for the relief of Ed­ By Mr. BRUNDIDGE : Paper to accompany bill for relief of ward W. Clark-to the Committee on Military Affairs. ChaTles W. Fowler ("previously referred to the Committee on Also, a bill (H. R. 13618) granting an increase of pension to Invalid Pensions)-to the Committee on :Military Affairs. Richard Welch-to the Committee on In\alid Pensions. By Mr. BURLEIGH: Petition of Wholesale Merchants' Asso­ Also, a bill (H. R. 13619) granting a pension to Matilda ciation of Portland, Me., for a reclassification of second-class Gams-to the Committee on In\alid Pensions. mail matter-to the Committee on the Post-Office and Post- Also, a bill (ll. R. 13620) granting a pension to Anna Conk- ­ Roads. · lin-to the Committee on Invalid Pensions. By Mr. CALDER: Papers to accompany bills for relief of Also, a bill (H. R. 13621) granting a pension to Francis Catherine Le Roy and Frank Burt-to the Commiii:ee on In­ Polm:mteer-to the Committee on Invalid Pensions. valid Pensions. By Mr. PUJO: A bill (H. R. 13622) granting a pension to Also, petition of Maritime _t\.ssociation of Port of New York, Fannie L. McVey-to the Committee on Invalid Pensions. for Senate bill (S. 25) to promote the efficiency of theLife-Sa\ing By 1\Ir. REID: A bill (H. R. 13623) granting a pension to Service-to the Committee on the Merchant Marine and Fish­ William A. Pollard-to the Committee on Pensions. eries. By Mr. RIORDAN : A bill (H. R. 13624) granting an increase Also, petition of Maritime Association of Port of ?\ew York, of pension to 1\Iarzio Martini-to the Committee on Pensions. for H. R. 31, for a light and fog signal in Kew York Harbor, on By l\fr. ROBINSON: A bill (H. R. 13625) granting an in­ Govenwrs Island-to the Committee on the Merchant lUa:rine crease of pension to Stephen Konicka-to the Committee on and Fisheries. Pensions. Also, paper to accompany bill for relief of William E . By 1\Ir. SHACKLEFORD: A bill (H. R. 13626) granting an Brown-to the Committee on Invalid Pensions. increase of pension to Lewis G. ll,orbes-to the Committee on By Mr. CHANEY : Papers to accompany bills for relief of Inyalid Pensions. William W. Templeton and Isaac Crouch-to the Committee on Also, a bill (H. R. 13627) granting an increase of pension to Invalid Pensions. George A. Osborn-to the Committee on Invalid Pensions. By 1\fr. COOK of Pennsylvania: Petition of National Guard .Also, a bill (H. R. 13628) granting an increase of pension to Association of Pennsylvania, against wearing uniform of Army James C. Simmons-to the Committee on Pensions. or Nary by unauthorized persons-to the Committee on l\Iili­ Also, a bill (H. R. 13629) for the relief of Samuel P. Dresser-· tary Affairs. to the Committee on Wa1· Claims. By Mr. DARRAGH: Petition of the Business Men's Associ­ By Mr. SHERWOOD: A bill (H. R. 13630) granting a pen­ ation of Traverse City, Mich., against a parcels-post law-to the sion to Samantha Flint-to the Committee on Pensions. Committee on the Post-Office and Post-Roads. .Also, a bill (H. R. 13631) granting an increase of pension to By 1\Ir. DAVIS of Minnesota : Paper to accompany bill for Thomas Jackson-to the Committee on Invalid Pensions. relief of Rose Barton-to the Commiti:ee on Invalid Pensions. Also, a bill (H. R. 13632) granting an increase of pension to By Mr. DAWSON: Petition of Henry Siebert Post, No. 250, Wilson W. Brown-to the Committee on Invalid Pensions. Grand Army of the Republic, of Wilton Junction, Iowa, for Daw­ Also, a bill (H. R. 13G33) granting an increase of pension to son bill to increase widows' pensions-to the Committee on Levi Ely-to the Committee on Invalid Pensions. Invalid Pensions. Also, a bill (H. R. 13634) granting an increase of pension to Also, petition of Frank Jones, of Maquoketa, Iowa, against a Wesley Pontious-to the Committee on Invalid Pensions. parcels-post law-to the Committee on the Post-Office and Post­ By Mr. SMITH of Iowa: A bill (H. R. 13635) granting an Roads. increase of pension to Wallace J. Hill-to the Committee on In­ By 1\Ir. DRAPER: Petition of Maritime Association of Port valid Pensions. of New York, for H. R. 31, for a light and fog signal on Go\­ By Mr. STERLING: A bill (H. R. 13636) granting an in­ ernors Island-to the Committee on the Merchant Marine and crease of pension to James W. Mcl'.Iillen-to the Committee on Fisheries. · Invalid Pensions. Also, petition of Maritime Association of Port of New York, By Mr. STURGISS: A bill (H. R. 13637) for the relief of for Senate bill ( S. 25) for a more efficient life-saving service­ the heirs of Lydia A. Hockensmith, deceased-to the Committee to the Committee on the Merchant 1\Iarine and Fisheries. on War Claims. By 1\Ir. DUNWELL: Petition of Maritime Association of Also, a bill (H. R. 13G38) for the relief of the heirs of James Port of New York, for H. It. 31, for a light and fog-signal sta­ L. Geaslen. deceased-to the Committee on War Claims. tion on Governors Island, New York Harbor, and Senate bill 25, By Mr. TOWNSEND: A bill (H. R. 13639) granting an in­ for more efficient life--saving service-to the Committee on the crease of pension to Hann~h A. Arnett-to the Committee on Merchant Marine and Fisheries. Invalid Pensions. Also, paper to accompany bill for relief of Catherine McHale­ By 1\Ir. WATSON: A bill (H. R. 13640) granting an increase to the Committee on Invalid Pensions. of pension to Frederick LofHer-to the Committee on In1alid By Mr. EDW.A.RDS of Kentucky: Papers to accompany bills Pensions. for relief of Tarandocty Owens, Thomas M. Floyd, and Cobb T. By 1\fr. WEEKS: A bill (H. R. 13641) granting an increase Berry-to the Committee on Invalid Pensions. of pension to Martin Gibbons-to the Committee on Invalid Pen­ By Mr. ESCH: Petition of Maritime Association of the Port sions. of New York, for H. R. 31, for a light and fog signal in 1\ew Also, a bill (H. R . 13642) granting an increase of pension to York Bay, -on Governors Islarid-to the Committee on the Mer­ Samuel W. Brown-to the Committee on Invaliu Pensions. chant Marine and Fisheries. Also, a bill (H. R. 13643) granting a pension to Margaret .Also, petition of Maritime Association of Kew York Hn.rbor, O'Brien-to the Committee on Invalid Pensions. for Senate bill 25, for promotion of efficiency of Life-Saving By Mr. WEEMS: A bill (H. R. 13644) for the relief of the Service-to the Committee on the Merchant :i\Iarine and Fish­ Bridgeport National Bank, Bridgeport, Ohio-to the Committee eries. on Claims. Also, a petition of Chamber of Commerce of Milwaukee, By Mr. WILEY: A bill (H. R. 13645) for the relief of John against House bill 10576, prohibiting speculative dealings in S. May-to the Committee_on Military Affairs. grain-to the Committee on Interstate and Foreign Commerce. Also, petition of National Association of State- Uni\·ersities, PETITIONS, ETC. for national forest reserve in Appalachian and White moun­ Tinder clause 1 of Rule XXII, the following petitions and tains-to the Committee on ·Agriculture. papers were laid on the Clerk's desk and referred as follows: By 1\Ir. FITZGERALD: Petition of 1\faritime Association of By 1\Ir. ACHESON: Paper to accompany bill for relief of Port of New York, for Senate bill 25, to promote efficiency of Lindsay Roop-to the Committee on Invalid Pensions. Life-Saving Service-to the Committee on the Merchant l\Iarine By Mr. ADAIR: Petition of Commercial Telegraphers' Union and Fisheries. of America, for Congressional investigation into the affairs of By Mr. FOCHT : Papers to accompany bills for relief of the telegraph companies-to the Committee on Interstate and Elizabeth Sheaffer and Martin L. Protzman-to the Committca Foreign Commerce. on Invalid Pensions. By Mr. ALEX..--\..~DER of Missouri: Papel,' to accompany bill By Mr. FOSTER: Petition of A. J. Moody and 15 others for relief of John Q. Hickman-to the Committee on Invalid citizens of Ontario, Cal., for change in rules and regulations Pensions. governing administration of Chinese--exclusion laws so far as CONGRESSIONAL RECORD-HOUSE. J ANUARY 13' those laws relate to excepted classes of Chinese--to the Com­ favoring the Hamilton pension bill, g1·anting $1 per day to all mittee on Immigration and Naturalization. soldiers who served eighteen months or over-to the Committee By Mr. FULLER: Petition of F . A. Denney, of R ockford, Ill., on Invalid Pensions. for a parcels-post law and postal savings bank-to the Commit­ By Mr. MOORE of Pennsylvania: -Petition of Pennsylvania tee on the Post-Office and Post-Roads. Pharmaceutical Association, for amendment to Sherman law, so Also, petition of National Association of State Universities, that reasonable trade agreements and associati"re efforts may for a forest reserve in the Appalachian Mountains and White be recognized and protected-to the Committee on Interstate Mountains-to the Committee on the Public Lands. and Foreign Commerce. Also, petition ofT. S. Terry Post, No. 463, Grand Army of the Also, petition of National Guard Association of Pennsylvania, Republic, of Shabbona, Ill., for the McKinley pension bill against the improper use of the uniform of the United States­ (H. R. 4862)-to the Committee on Invalid Pensions. to the Committee on 1\Iilitary Affairs. By Mr. GAINES of Tennessee: Paper to accompany bill for Also, petition of Joint Executive Commission on the Im­ relief of Mrs. Nancy E. Robinson-to the Committee on Pen- provement of Harbor of Philadelphia, for appropriation for ~oo& . 35-foot channel from Allegheny avenue to deep water in Dela­ Also, paper to accompany bill for relief of heirs of James ware River-to the Committee on Rivers and Harbors. Marshall-to the Committee on War Claims. Also, petition of Post No. 1, Pennsylvania Division, Trav­ Also, paper to accompany bill for r elief of Sarah H. Morton­ elers' Protective Association of America, against a parcels­ to the Committee on War Claims. post law-to the Committee on the Post-Office and Post-Roads. By 1\fr. GARRETT: Paper to accompany bill for relief of Also, petition of Joint Executive Commission on the Im­ Ebby M. J. Hay-to the Committee on Pensions. provement of Harbor of Philadelphia and Delaware and Schuyl­ By Mr. GOULDEN: Paper to accompany bill for relief of kill Rivers, for appropriation for survey to deepen Delaware Ann E. Pape-to the Committee on Invalid Pensions. Ri,er from Allegheny avenue, Philadelphia, to Trenton, N. J.­ By Mr. GRAHAM: Petition of National Guard Association to the Committee on Rivers and Harbors. of Pennsylvania, against wearing United States Army and By Mr. MOORE of Texas: Paper to accompany bill for re­ Navy uniforms by unauthorized persons-to the Committee on lief of P. Gilbert-to the Committee on Im·alid Pensions. Military Affairs. By 1\fr . .MUDD: Petition of National Corps, Army and Navy Also, petition of Pharmaceutical Association of Bedford Union, for increase of pay of officers and men of the Army and Springs, Pa., for amendment of Sherman law, so that reason­ Nnvy-to the Committee on 1\Iilitary Affairs. able trade agreements and associative efforts may be recognized By Mr. NORRIS: Petition of Grand Island Council, No. 134, and protected-to -the Committee on Interstate and Foreign United Commercial Travelers, against · a parcels-post law-to. Commerce. the Committee on the Post-Office and Post-Roads. By Mr. -GREENE: Petition of Navigation Conference, for a By Mr. PADGETT: Paper to accompany bill for relief of national harbor of refuge at Point Judith, Rhode Island-to the W. D. Kelly-to the Committee on Invalid Pensions. Committee on Rivers and Harbors. Also, paper to accompany bill for relief of l\Irs. Emma Wy­ By Mr. HACKETT: Paper to accompany bill for relief of mer-to the Committee on Pensions. estate of W . Haynes Kilby-to the Committee on War Claims. Also, paper to accompany bill for relief of D. B. Crews-to By Mr. HAGGOTT: Paper to accompany bill for relief of the Committee on Invalid Pensions. Pete Jalovac (previously referred to the Committee on Invalid By Mr. PATTERSON: Papers to accompany bills for relief Pensions)-to the Committee on Claims. of heirs of Philip Kitching, G. R. Smook, heirs of W. F. Mat­ By Mr. HASKINS: Petition of retail dealers of Springfield, thews, and heirs of Allen Fanning-to the Committee on War Vt., against a parcels-post law-to the Committee on the Post­ Claims. Office and Post-Roads. By Mr. PEARRE : Petition of Baltimore Chamber of Com­ By Mr. HAWLEY: Paper to accompany bill for relief of Col. merce, for appointment of a nonpartisan tariff commission-to James Jackson-to the Committee on Military Affairs. the Committee on Ways and Means. Also, paper to accompany bill for relief of James Walker By Mr. REYNOLDS : Papers to accompany bills for relief of (previously referred to the Committee on Invalid Pensions)­ Henry C. Weaver, Anna Veach, Ambrose Lindsay, and Henry to the Committee on Military Affairs. Eash-to the Committee on Invalid Pensions. By Mr. HAYES: Paper to accompany bill for relief of Pat­ By l\Ir. RIORDAN : Petition of Maritime Association of the rick Dolan-to the Committee on Invalid Pen~ons. Port of New York, for H. R. 31, pro·dding for a light and fog By Mr. HINSHAW : Petition of Nebraska State Railway signal in New York Bay-to the Committee on the Merchant Commission to amend interstate-commerce act so as to gi\e Marine and Fisheries. broader po~ers to the Interstate Commerce Commission-to Also, petition of Maritime Association of Port of Kew York, · the Committee on Interstate and .Foreign Commerce. for Senate bill (S. 25) to promote efficiency of the Life­ Also, paper to accompany bill for relief of Dessa Clough-to Saving Service--to the Committee on the Merchant 1\Iarine and the Committee on Invalid Pensions. Fisheries. By Mr. HOBSON: Paper to accompany bill for relief of John By Mr. RYAN: Petition of National Association of Audubon Thompson-to the Committee on War Claims. Societies, for additional appropriation for Bureau of Biological By Mr. HOWELL of New Jersey: Paper to accompany bill Survey-to the Committee on Agriculture. for relief of Combs Hendrickson-to the Committee on Invalid Also, petition of Chicago Association of Commerce, for bill Pensions. . improving the consular service--to the Committee on Foreign By 1\lr. HULL of Iowa: Petition of Commercial Club of Des Affairs. Moines, Iowa, for amendment to interstate rate law to prevent Also, petition of Chamber of Commerce of State of New York, chan"'e in rates without supervision of the Interstate Commerce for appropriation to improve Pearl Harbor, Hawaiian Islands­ Co~ssion-to the Committee on Interstate and Foreign Com­ tQ the Committee Gn Rivers and Harbors. merce. By Mr. SLAYDEN : Petition· of William A. Rowan and 14 By Mr. OLLIE M. JAMES: Paper to accompany bill for re­ other volunteer officers of the civil war, for creation of a vol­ lief of John w. B. Huntsman-to the Committee on Invalid unteer retired list-to the Committee on Military Affairs. P ensions. By Mr. SPERRY : Petition of Connecticut Christian En­ Also, paper to accompany bill for relief of John C. Johnson- dea \Or Union, for \arious bills in behalf of temperance--to the to the Committee on Pensions. Committee on Alcoholic Liquor Traffic. Also, paper to accompany bill for relief of J ames W . Can­ By Mr. STERLING: Paper to accompany bill for relief of non-to the Committee on Invalid Pensions. Ada Hammond l\Ia:x::well-to the Committee on Invalid Pensions. Also paper to accompany bill for relief of Green River Bat­ By 1\fr. STEVENS of Minnesota: Petition of C. C. Andrews talion 'of Kentucky Capital Guards-to the Committee on Mili- and 130 other volunteer officers of the civil war, for the re­ tary Affairs. . ation of a civil war officers' volunteer retired list-to the Com­ By Mr. KELIHER: Petition of National Guard Association, mittee on Military Affairs. in favor of legislation providing for extra officers in the Army­ ·By l\lr. VREELAJ\"'D : Petitions of citizens of Olean, N. Y.; to the Committee on Military Affairs. and Merchants' Exchange of Olean, N. Y.; also V. E. French By Mr. LA.l\1B : Paper to accompany bill for relief of Mrs. and 22 others of Cuba, N. Y., and Business Men's Association . Gay Warren Schell-to the Committee on Pensions. of Wellsville, N. Y., against a parcels-post law-to the Com­ By Mr. McCALL: Petition of Society of Arts of the Institute mittee on the Post-Office and Post-Roads. of Technology of Boston, favoring forest-reserve bill-to the By l\fr. WASHBURN: Paper to accompany bill for relief of Committee on Agriculture. Delia E . Ahern (previously referred to Committee on Invalid By Mr. McKINNEY : Petition of 37 soldiers of La Harpe, Ill., P ensions)-to the Committee on Pensions.

( I 1908. CONGRESSIONAL RECORD-SENATE. 671

By Mr. WEEl\fS : Papers to accompany bills for relief of American Federation of Labor, all in the· State of New Jersey, Jacob Mercer, John T. Mercer, Nixon B. Stewart, and John L . praying for the adoption of an amendment to the present pure Smith-to the · Committee on Invalid Pensions. food and drug law r elative to the labeling of all materials used By 1\Ir. YOUNG: Petition of L. S. Trobridge and 238 other in paints, which were referred to the- Committee on 1\Iannfac­ volunteers of the dvil war, of. Michigan, for the creation of a tures. volunteer retired list-to the Committee on Military Affairs. Mr. KNOX presented a petition of the Presbytery of the Westmoreland United Presbyterian Church, of New Alexandria, Pa., praying for the enactment of legislation to place the motto SENATE. "In God we trust" on all coins of the United States, which was referred to the Committee on Finance. TuEsDAY, January 14, 1908. He also presented a petition of the Navigation Conference, Prayer by the Chaplain, Rev. EDwAim E. HALE. of New York City, N. Y., praying that an appropriation be The Secretary proceeded to r€ad the Journal of yesterday's made for the improvement of the national harbor of refuge at proceedings, wlien, on request of Mr. SCOTT and by -cinanimous Point J udith, Rhode Isla:nd, which was referred to the Coillillit­ consent, the further reading was dispensed with. tee on Commerce. The VICE-PRESIDENT. The Journal stands approved. He also presented petitions of 85 citizens ·of Lycoming Coun­ ty, 20 citizens of Union County, 53 citizens of Chester County, REGENT OF SMITilSONIAN INSTITUTION. 33 citizens of Concord Township, Delaware County, sundry The VICE-PRESIDENT appointed Mr. BACON a member of citizens of A.Itenwald; sundry citizens of c~mton Township, the Board of Regents of the Smithsonian Institution, as pro­ Bradford County, sundry citizens of Ward Township, Tioga vided in section 5581 of the Revised Statutes of the United County, sundry citizens of Potter County, sundry citizens of States. Dauphin County, sundry citizens of :Montgomery County, sun­ MESSAGE FROM THE HOUSE. dry citizens of Northumberland County, sundry cltizens of A message from the House of Representatives, by 1\Ir. W. J . Granville Summit, West Branch Grange, Patrons of Hus­ BRoWNING, its Chief Clerk, announced that the House had bandry of Germania; Oriental Grange, No. 165, Patrons of passed .a bill (H. R. 300) providing for second homestead en­ ~usbandry, of .Mill City; McKeansburg Grange, No. 1216, Pa­ tries, in which it requested the concurrence of the Senate. trons of Husbandry, of McKeansburg; Fairview Grange, No. ENROLLED DILL SIGNED. 817, Patrons of Husbandry, of Nelson, sundry citizens of Sus­ The message also announced that the Speaker of the House quehanna· County, sundry citizens of York County, Chestnut had signed the enrolled bill (H. R. 194) to authorize the county Ridge Grange, N0. 1133, Patrons of Husbandry, of Washing­ of St. Francis, in the State of Arkansas, to construct a bridge ton County; Coryville Grange, No. 1212, Patrons of Husbandry, across the St. Francis River at or near the town of Madison, of Caryville, all in the State of Pennsylvania, praying for the in said county and State, and it was thereupon signed by the enactment of legislation to remove the tax of 10 cents per Vice-President. pound upon colored oleomargarin~t and placing it upon the same footing with the uncolot·ed product, which were referred PETITIONS AND :UEMORIALS. to the Committee on Agriculture and Forestry. 1\fr. CURTIS presented petitions of sundry ex-volunteer He also presented memorials of l\Iount Carmel Council, No. officers of the civil war of Lean~nworth, Topeka, Kansas City, 628, Order of Knights of Columbus, of Mount Carmel; Ebens­ Wamego, Ottawa, Parsons, Abilene, Junction City, C-ouncil burg Council, No. 522, Order of Knights of Columbus, of Ebens­ Grove, Marion, Yates CCnter, Lyn-don, Neosho Falls, Blue burg; Damien Council, No. 598, Order of Knights of Columbus, Rapids, Clay Center, Riley County, and Manhattan, all in the of :Mauch Chunk; Honesdale Council, No. 363, Order of Knights State of Kansas, praying for the enactment of l~gislation to of Columbus, of Honesdale; Great Bend Council, No. 356, Order create a volunteer retired list in the War and Navy Depart­ of Knights of Columbus, of Hallstead; Bristol Council, No. ments for the surviving officers of the civil war, which were 906, Order of Knights of Columbus, of Bristol; Corry Council, referred to the Committee on Military Affairs. No. 425, Order of Knights of Columbus, of Corry; Shenandoah Ur. GORE presented a petition of sundry members of the Council, No. 618, Order of Knights of Columbus, of Shenan­ Choctaw and Chickasaw nations of Indians, praying for the en­ doah; Chartiers Council, No. 875, Order of Knights of Colum­ actment of legislation providing for an allotment of land to the bus, of Crafton; West Philadelphia Council, No. 344, Order children of said nations of Indians, which was referred to the of Knights of Columbus, of Philadelphia ; Monessen Council, Committee on Indian Affairs. No. 954, Order of Knights of Columbus, of Monessen; Butler :M:r. BUIGGS presented petitions of sundry citizens of New­ Council, No. 866, Order of Knights of Columbus, of Butler; ark, Bayonne, lled Bank, Colliers Mill, Morristown, and Jersey Erie Council, No. 278, Order of Knights of Columbils, of Erie; ·City, all in the State of New Jersey, praying for the adoption Franklin Council, No. 1020, Order of Knights of Columbus, of of certain amendments to the present copyright law relating to Franklin; Trinity Council, No. . 313, Order of Knights of Colum­ musical compositions, which were referred to the Committee bus, of South Bethlehem; Beaver Valley Council, No. 604, on Patents. Order of Knights of Columbus, of Bea-ver Falls; Meadville He also presented the petition of B. Fernow, of Togus, 1\Ie., Council, No. 388, Order of Knights of Columbus, of Meadville; pr~ing for the enactment of legisl.ation pro-dding for a retired Clearfield Council, No. 409, Order of Knights of Columbus, of list in the ·war and Navy Departments of surviving officers of Clearfield; Austin Council, No. 693, Order of Knights of Co­ the civil war, which was referred to the Comm ittee on Military lumbus, of Austin; Ridgway Council, No. 1064, Order of Affairs. Knights of Columbus, of Ridgway; Sharon Council, No. GS-1, He ali:>O presented memorials of New Brunswick Council, No. Order of Knights of Columbus, of Sharon; Warren Council, 257, of · New Brunswick; of Lafayette Council, No. 514, of No. 964, Order of Knights of Columuos, of Warren; Braddock Dover; of Olive Branch Council, No. 463, of Kewark; of Bay­ Council, No. 911, Order of Knights of Columbus, of Braddock; ley Council, No. 629, of Elizabeth; of St. Anthony's Council, No. Plymouth Council, No. 984, Order of Knights of Columbus, of 943, of Butler; of Elizabeth Counen; No. 253, of E lizabeth; of Plymouth; Allentown Council, No. 528, Order of Knights of Trinity Council, No. 747, of Hackensack; of Princeton Council, Columbus, of Allentown; Isabella Council, No. 328. Order of No. 636, of Princeton; of Bloomfield Council, No. 1178, of Knights of Columbus, of Frankford, Philadelphia; Carbondale Bloomfield; of Warren Council, No. 474, of Phillipsburg; of Council, No. 329, Order of Knights of Columbus, of Carbon­ Kearny Council, No. 402, of Star of Bethlehem Council, No. 416, dale; St. Lawrence Council, No. 841, Order of Knights of Co­ of Hoboken Council, No. 159, of Belleville Council, No. 835, of lumbus, of Philadelphia ; Reno-vo Council, No. 5-12, Order of Belleville ; all of the Order of Knights of Columbus, in the Knights of Columbus, of Renovo, all in the State of Pennsylvania, Stat e of New Jersey, remonstrating against the enactment of remonstrating against the enactment of legislation providing _legislation providing for the redaBsification of second-class for the reclassification of second-cla~s llliiil matter and the mail matter and the rates of poBtage th~reon, which were re­ rates of postage thereon; which was referred to the Committee ferred to the Committee on Pcst-Offic~s and Post-Roads. on Post-Offices and Post-Roads. He also presented a memorial of the C. A. Woolsey Paint He also presented a petition of the joint executiye committee and Color Company, of .Jersey City, N. J., remonstrating against on the improvement of the Harbor of Philadelphia and the the passage of the so-c..'llled " parcels-post bill," which was re­ Delaware and Schuylkill rivers, of Philadelphia, Pa., praying ferred to the Committee on Post-Offices and Post-Roads. for the enactment of legislation providing for a survey of the He also presented petitions of the New .Jersey St.ate Associa­ Delaware River for the purpose of determining the feasibility tion of Master Painters and Decorators, of Jersey City; of the and cost of securing a channel of adequate width and 25 feet Master Painters and Decorators' Association, of Trenton; of deep at mean low water, from Allegheny avenue, Philadelphia, the Master P-ainters' Association, of Arlington, and of the West to deep water in the Delaware Bay, which was referred to the Hudson Master P.ainters' Associ.ation, of Arlington, of the Committee on Commerce.