.12368 CONGRESSIONAL RECORD-HOUSE.
NOT VOTING-55. The SPEAKER Send it up to be reported by the Clerk and Borah Golf McCum~r Smith, Ga. then the Chair will pro11ound the question. Brady Got·c McLean Smith. S.C. BriRtow Hitchcock Nelson Smoot The Clerk read as follows: Bm·Jeigh Hollis Norris Stephenson 01·dered, That on Tuesday night, July 21, the House stnnd in recess Burton Hughes O'Gorman Sterling from 5 p. m. until 8 p. m.; that a e ion be held from 8 p. m. to 11 Clark. Wyo. James Oliver Sutherland p. m. for the consideration in the House as in Committee of tbe Whole Clarke. Ark. Johnson Owen Thompson of bil:s on the l 'rivate Calendar which are not objected to, commencing Colt Kenyon l'age Tillman witb No. 318 on said calendar. Cra·wforu Kern renrose Townsend Culberson La Follette Pittman Warren The SPEAKER. Is there objection? Dillin!!ham Lea. Te'ln. Robinson WPeks 1\lr. l\1A.KN. Mr. Speaker, resening the right to object, I du l'ont Lewis Root Williams understood it was the desire to finish at least general debe~te on Fall Llpnitt Sherman Works Fletcher Lodge Shively the dam bill to-morrow, and as this might interfere with that I object. So the Senate refused to adjourn. The VICE PRESIDENT. The Sergeant at Arms will carry 1\lr. POU. Will the gentleman be willing to put it Wednesday evening? out the instructions of the Senate. Mr. SDHIOXS. I moYe tbat tbe Senate adjourn. 1\lr. 1\IANN. Well, Wednesday is Calendar Wednesday. The YICE PRESIDEXT. The Senator from Xorth Carolina The SPEAKER. A recess c-.m not Le taken on Calendar Wed mo>es that tbe Senate do now adjourn. [Putting the question.] nesday. The noes seem to ba ve it. The noes ha-re it. Mr. POU. Then, I will ask Thursday evening. Mr. SHAFROTII. I call for a div-ision. 1\Ir. :hlAi\'"X. I do not know now what is going to come up The VICE PRESIDENT. The Chair has decided the ques Thurgduy under the pre ent situation. We may have up the tion. dam bill on Thursday under the fi>e-minute rule, and I am sure Mr. SMITH of Michigan. I move that the Senate adjourn. the gentleman \Yill not wish to interfere with that. The motion was agreed to; and (at 5 o'clock and 10 minutes 1\Ir. TJ?\DERWOOD. I would like to state to the gentleman p. m.) the Senate adjourned until to-morrow, Tuesday, July 21, from North Carolina tbat my sympathies are entirely with him 1914, at 12 o'clock meridian. in hi efforts to have the e pri vn te claims disposell of. but ·if the gentleman would put his request off for a dny Ol' two we may get clo~er to a point where "''e can possibly reJch an agreement HOUSE OF REPRESENTATIVES. which will be more satisfactory. · Ur. POU. I would lil{e to say to tbe Hou e, by unanimous ~fONDAY, July ~0, 1914. consent, that the Committee on Claims during this entire Con· gress has bnd about two hours to pnss bills whlch are con The Hou, e met at 12 o'clock noon. tested. Of course I ha-.;-e no personal intere::c;t in this matter. N. The Chaplain, Rev. Henry Couden, ·D. D., offered the fol I Hill trying to get this request for the accommodation of Mem lowing pr:lyer: bers here who are interested in these clnirus. TIJere bns not 0 Tbon who bast made us after Thine own image and hast been a single bill pf the Committee on Claims that bas bet>n given us dominion over the work of Thy bnnds and thus put through this session in any otber way than by unanimous crowned us with glory and honor, if we wm, help us to ~ub consent ~ow, the & · ion goes on, and we are toltl every time due our passions. and put under our feet all selfish and i~noble there will be opportunity later on. I merely want to wurn the desires, that we may rise dny by dny to the dignity tbns con· Hou e tbat the chances are. if we continue to put off the con ferred upon us nnd pro-.e our. elves worthy of such preferment, sideration of the Prin1te Calendar, that the session will cnu in the name of Him who taught us how to be men. And Thine and nothing will be done. be the glory. Amen. The SPEAKER. I' there objection? Tlle Journal of the proceedings of Saturday, July 18, 1914, !\Ir. UAXN. l\Ir. Speaker. I object. was read and approved. The SPEAKER. The gentleman from Illinois objects. ORDER OF BUSINESS. EXTENSION OF REMARKS. 1\Ir. FLOYD of Arkansas. Mr. Spenker, I desire to malre an announcement to the House. I cte ire to announce that on 1\Ir. CRAJ\ITON. 1\fr. Speaker, I ask unanimous consent to Thursdny next I will call up a privileged report from the Com extend my remarks in the RECORD by inserting a letter which I mittee on the Judiciary touching the ~onduct of Representative have receiYed pre~enting certain information with reference to .1\lcDEBMOTT, provided the general dam bill shall have been dis the effect of the irnpo ·ition of penalities nnder the incowe-tux posed of Ly thnt Ume. In cnse the dam bill bas not been finally law, and whieb I desire to have the Hou e consider-- dh;posed of at that time, I give notice that immedintely after the The SPEAKER. The gentleman from ~Iichig : m asks unnni conclu ion of the consideration of that bill I will call up this mous con ent to extend his remarks by in~erting a letter about pri >i Jiged report. penalties in reference to the income-tax law. Is there objec Mr. FOSTEll. Will the gentleman permit? tion? 1\Ir. Fl.. OYD of Arkansas. Certainly. Mr. CRAMTON. And I desire to ask its consideration in 1\Ir. FOSTER. There is a rule which I have been instructed connection with the Smith resolution for a waiwr of such pen by the Committee on llules to report to the House, and the alties. understnncling "·as with the Speaker and some other l\lembers The SPEAKER. Is there objection? of the House that it should be done as soon as tbe dam bill was Mr. UXDEllWOOD. 1\Ir. S11eaker, reseiTing the right to ob completed-- ject, my nttention was di tracted for a moment, and I did not 1\lr. FLOYD of Arkansas. I do not object to that hear tbe gentleman. 1\lr. FOSTEH. I wnnt to say to the gentleman that will not 1\Ir. CRAMTO .. ~. .Mr. Speaker, it is simply a letter pre;;;enting consume a great length of time. in my judgment. some information as to tbe effect of the imposition of penultie · Mr. FLOYD of Arkansas. I do not ohject to that. under the income-tax law. this letter reciting f11cts ns to the hlr. MURDOCK. The gentleman did not state which rule situntion in Oldnbomn somewhat as I ha-.e alre
shorter route we secured through 'a treaty of peace, amity, Colombia that grave con~equences might follow her rejection of navigation, and commerce,' negotiated in 1846, in which it was the treaty.' A cable was sent to Bogota saying, ' The treaty stipulated as follo'\\S: must not be modified or amended;' and then followed a mandate " 'The Government of ... ~ew Granada guarantees to the Gov saying, 'ratify the treaty or you will regret it.' Imagine Great ernment of the United States that the right of way or transit Britain adfu·essing such threats to the Senate of the United across the Isthmus of Panama upon any modes of transporta States when it was about to consider a treaty signed, subject to tion '\\hich now exist. or that may be hereafter constructed, shall the approval of that body, between the British ambassador at be open and fTee to the Government and citizens of the United Washington and our Secretary of State. Is it sh·ange that un States, and for the transportation of any articles of lawful com der the sting of such threats the Colombian Senate should have merce belonging to the citizens of the United States. refused to ratify tile treaty in question on August 12, 1!)03? "'As compensation for that privilege (priceless at that time) "On August 31, Mr. Beaupre sent to Mr. Hay the following the United States promised "as an especial compensation for telegram, recently published in Diplomatic History of the the said advantages and for the favors they have acquired by Panama Canal ( S. Doc. No. 474, 03d Cong., 2l1 sess., p. 43 ) : the fom·th. fifth, nnd sixth articles of this treaty (articles which "MR. BEA.UPllE TO MR. IIAY. secure to the lJnited States reciprocal privileges of importation [Telegram.] and tonnage dues and equal customs duties) the United States ''UNITED STATES LEGATIO~, guarantee, po itively and efficaciously, to New Granada, by the "BOGOTA, August 31, 1903. present stipulation, the perfect neutrality of the befor~men (Received September 5.) tioned Isthmus, '\\ith the view that the free transit from the one to the other sea may not be interrupted or embarrassed in any ".August 31, 1903, 2 p. m. I had an intervi~w with Senator future time while this treaty exists; and, in consequence, the Obaldia to-day. He informed rue that he is willing to remain United States also guarantee in the same manner the rights of so long as thece is hope for the treaty, but he is convinced that so~;ereiynty and property whlch ~ew Granada has nnd pos there is none, and will leave, therefore, on the Gth proximo. sesses o>er the said territory." ' Confirms Gen. Reyes's statement concerning pre •illcntial candi "In the message in which President Polk submitted the treaty date, and says that the next Senate was made certain for the in question to the Senate he said, in regard to the right of treaty; that he bears instructions to Govs. Iusiguares and transit thus won: • The importance of tills concession to the Barrios concerning the elections which will be held next Decem commercial and political interest of the United States can not ber; that in accepting governorshlp of Panama he told tlle be overrated;' and in a special message of February 10, 1847, President that in case that the department found it nece '!:lar~· only two months after the initiation of the treaty, he said: to reYolt to secure canal he would stand by Panama; but ltc "'There does not appear any other effectual me!lns of secur added if the Government of the United States 1cill wait for the ing to all nations the advantages of this important passage, but nar.ct session of Congress canal can be ecurecl without a t·cz:o the guaranty of great commercial powers that the Isthmus lution. Senator Campo, from the Cauca, is about to leave, shall be neuh·al territory. * * * thinking the treaty gone. "'The guaranty of the sovereignty of :Kew Granada over the "Confidential. 1\Iy opinion is that nothing atisfactory can Isthmus is a nntural consequence of this neutrality. * * * be expected from this Congres~. Caro's party has been joiuert. New Grannda would not yield this Province that it might be~ by Velez and Soto and their followers, con tituting a deci ive ·come a neutral State; and if she should, it is not sufficiently majority against the h·eaty. Gen. Reyes ~eem: to still enter populous or wealthy to establish or maintain an independent tain hopes. sovereignty.' "BEAUPRE. "Thus by the most solemn guaranty known to the family of ".And here the fact should be emphasized that the constitu nations the United States pledged itself, by er.cpt·ess contract, to tion of Colombia expressly forbade the alienation of any part respect and uphold the sovereignty of New Granada over the of the national domain until the Congress hac.l first exprel ly Istlmms of Panama, a plain duty already due to New Granada authorized the same. under the general principles of international law. "In the light of the evidence now available it can not be " In emergencies other than the disturbance of interoceaonic doubted that only President Roosevelt's unreasonable haste pre transit or peril to the persons and possessions of American citi vented the ratification of the treaty by the Colombian Senate. zens, there might be no intervention in the affairs of New Gra He has himself quoted a high official of Colombia who, on nada, reestablished as the United States of Colombia in 1863. November 6, 1903, said in a note to the American minister at - By the terms of the treaty, and by the principles of interna Bogota that on certain conditions- tional law Colombia, as the successor of New Granada, was the "'The Colombian Government will declare martial law and, sovereign peer of the United States, which, save for the purpose b; virtue of vested constitutional authority when public order of protecting free transit, might no more land forces on .Colom is disturbed, will appro>e by decree the ratification of the canal bian soil or even threaten such landing than she might land treaty us signed; or, if the Government of the United States such forces on the shores of France or England. .After a careful prefers, will call an extra session of Congress, with new anLl examination of the subject a competent expert has said that friendly members next ~fay, to approve the treaty.' during the 40 years that intervened between the establishment "THE OP:f.:RA BOL'FFE RETOLUTIO~ OF NOYE:UBER, 1903. of Colombia in 1863 and the Panama imbroglio of 1003 United "The delay occasioned by the exercise of Colombia's con States forces were employed in only seven instances, and for a stitutional right to deliberate upon a treaty before its ratifica period of 164 days, and in each instance with Colombia's ap tion precipitated the opera bouffe revolution of November, 1903. proval. In no case was there fighting, the mere precautionary Colombia had been at that time an independent State for 93 measures being sufficient years, and for 77 years had been so recognized by us. On u THE SPOO:iEU ACT OF 1902 A....'\D HAY-HERR.A.:S COC\.YE~TIO~ OF 1903. November 3, 1003, the Republic of Colombia was at peace with " In 1902 was passed the Spooner .Act, providing for the the United States, and 'the treaty of pence, amity, navigation, construction of an Isthmian canal and arming the President an
Mr. :MADDEN. The interest on that at 4 per cent would be rippled from the Atlantic all the way to the Rio Grande and $3,000 a y(>nr; at 3 per cent it would be $2,250 a year. far up to the Missouri: beneath its folds there rallied a devoted Mr. PARK. Congress has authorized it. throng of planters and plainsmen, men from field, city, shop, 1\fr. MADDEN. I know; but I call attention to the fact that and profession, all with a common impulse and prayer on their they could probably rent a suitable place for a thousand doilars lips, swearing, as they came, that where that flag led they that would be as good as this building · if erected. What has would dare to follow and to die. been done in connection with the purchase of the site and the Alongside the South Carolinians and their "rattlesnake flag" erection of the building? · with defiant motto, ·• Don't tread on me," ranged Texans ar:d 1\Ir. PARK. They have paid $9,000, I think, on the site-the· their azure banner with single central star, and \var memories · pref.:ent site. Now they want an addHion of 56 feet by 140 feet. ' of Goliad and San Jacinto tenderly but firmly tuning their Mr. MADDEN. Why do they want more ground? heartstrings to battle. )fr. PARK. To make a park there. · And so the conflict came. The army of Korthern Virginia Mr. MADDEN. Why should they make· a park around the clashed with the army of the Potomac, and· the flash and roar public building? Why should they do that? and roll of battle scourged the lnnd during four eventful years. Mr. PARK. There is a good reason for it-to commemorate At its close was the usual wreckage-the armless slee,·e. the the services of my predecessor. wooden leg, the shattered constitution-and his vi-rid imtlgina- ~ 1\fr. MADDE:N. All right; I shall not object. tion beheld " the warrior's banner take its flight to greet the The SPEAKER. Is there objection? warrior's soul." The South fought and lost all saye -honor and 1\fr. MA:NN. Reserving the right to object, I understand the a few defeated but unconquered heroes. Nothing was left but gentleman wanted to make an explanation of it. As I under the land and a mourning people, amidst whom ranged at wlll stand it, the amendment that the gentleman has had read for loosed with a pen stroke, 4,000,000 of half-savage people, mad~ information is to be attached to this bill that is now pending? .unruly by men unworthy of the great East and North whence Mr. PAHK. Yes. they came, and who whispered words of delusive hope into Mr. 1\IA)..'N. I would not be willing to consent to the con their willing ears. sideration of the bill. For nore than a dec~de in wretchedness the people of the Mr. P.\RK. Will the gentleman reserve his objection until South suffered, struggled, and prayed for deU.rerance, and none I can rna ke a little discussion of it? but the Anglo-Saxon of pure blood could have stood the strain. ~Ir. 1\IAXN. Yes. Born during the decade succeeding the war, consider my prede Mr. PARK. Mr. Speaker, on a former occasion when the bill cessor as he opened his eyes upon the light and grew fl'om boy was under consideration the great Illinoisan, 1\Ir. MANN, ob hood into manhood's estate, and heard the eloquent story of jected on the ground, as I understood it, tl1at we could not those he honored, the story of the terrible conflict, belie-ring they afford to appropriate money to dedicate a monum£>nt or a park were right. And as Memorial Day succeeded Memorial Day he to each l\lernber of the House as he passes on his way. learned to feel keenly in his sensitive nature the sufferings of The idea uppermost in his mind, I deem, was apprehension the people he most loved. He saw daily around him women lest a precedent be set that might in years to come umvar who had been delicately nurtured, clad in faded, patched, and rantably drain the Treasury. worn calico, turning their hands to the most menial tasks. He If passage uf· this bill with an appropriation to acquire fur saw gray-bearded men in faded, patched gray bending to the ther space to crente a little memorial park will set a precedent plow, fighting n sterner battle alone and unfriended than they then I agree with him. or their companions fought from l\Ianassns all the way through I haYe much admiration and respect for the well-considered Spotsylvania and the Wilderness to sad but hallowed Appomat opinions and judgment of this great statesman. tox. As he grew older his con\ictions grew stronger, and when A.s a slight tribute of my esteem I say that I haYe sat under pension legislation was enacted and there was added to the the wand of the magician, entranced by the witchery of his wit overburdened Southland in her wreck and ruin greater burdens and the char.n of his logic-and I may add that his superb than they could bear, he felt that the yanquished were driyen eloquence bas more than once lifted himself and his party, and b! the la":" of the sword to contribute of their poYerty to pen-· members of otber parties. to a state of feeling exalteu beyond swn the nctors, and there was "no pity, no relenting ruth"; partisnn standards. reaching true statesmanship--and, knowing and his honest, earnest spirit indignant rose at the real or his keen perception and broad patriotism, I can not but feel fancied wrong, and when he carne here he came with fnll that through my inefficiency on the last occasion when this belief that there was great injustice done his people. aucl with bill was presented an understanding was not reached of great determination to right the wrong, with his slight body the exact purvose and reasons therefor in my mind. I am and great spirit, he felt he would o>ercome in part and raUy constrained to further explain the causes and conditions upon others to him, and would finally O\ercome what he considered which I base this request. and by reason of which I contend cruel injustice. So believing. he entered the li ts and struck · no precedent cnn be e tabli. bed by the passage of this bill. the shield of the doughtiest of bis opponents with lance point, Precedents are made from causes and conditions, and unless and attacked boldly pension legislation where>er he found a Ynl succeeding causes and conditions are similar there is no prec nerable point in the armor. He thought about it. pondered 0\·er edent for them. it, argued for it, and carne to the floor and fought, and sometimes No person born and reared or who bas li>ed outside of in won in single instances, and sometimes won in more than single instances, and by his determined stand belieYed he would accom fluences which exist below the old hla~on and DLYon's line since the CiYil War can know or appreciate the feelings and emotions plish a mission. At length his frail body, in which the St)irit that throb in the breasts of southern men. · was bigger than the frame that held it, rose and expanded i~ his Mr. Speaker, go with me a half C'entury and more in the mighty efforts to the bursting p::>int, and the finger ~ of Almighty past, to the period preceding and during my predecessor's life, God lightly touched the tricuspid valve of his heart and there and consider the atmosphere into which he was born and was a purplfng of the lips, a bluing of the finger nails, a paling breathed and fed upon until his ad>ent to this Hall. of the face-those infallible tokens of regurgitation of the ulood He was familiar with the history of conditions that preceded into the chambers whence nature had forced it into the life4 his birth. when slaYery and secession were creating discord giving circuit and threnteuing to disrupt the Union_ Circulation became slow, the brain and body grew weaker Men of great intellect and of stern conyictions on both sides and weaker. His spirit was still strong to fight, but he knew of the question were drawing apa rt and preparing for what ap on the instant that the dusky wing of .the death angel was peared a coming great conflict. A United States Senator, after hoYering him under. Although he struggled on, shortly he wa rds President of the Confederacy, withdrew from the Senate retired to his home at Thomas\ille, with full knowledge that with a speech memorable and immortal on his lips. Such men his task was ended though unfinished. and there he met the as Robert Toombs, of Georgia, William L. Yancey, of A.labama, fate which awaited him, and await ~ all, with the cool, naked and others took the same ·fiew. their Yiews being combated by courage with which he met obstacle~ here and elsewhere. men of equal intellect and com·ictions on the opposite side. In llelie>ing as I do and feeling as I do, that he recei\ed the ci\'"il and military life a di-rision wus rapidly drawn. Robert E. injury which caused his death "·bile battling here; for thnt Lee, then in the sen·ice of the Union, withdrew his blade from reason. I say, and for these ca uses and circumstances I h:wo that service mJ. Yes; &he, too, mnch fndolged thy fond pursuit; She sowed the seed. but Death has reaped the fruit. LANDS IN OREGON. So the struck eagle stretcb'd upon the plain, No more through rolling clouds to soar again, The next business on the Calendar for Unanimous Consent View'd hi~ own feather on the fatal dart was the bill (S. 49) to provide for the exchange with the State And wing·d the shaft that quiver'd in his heart. of Oregon of certain school lands and indemnity rights within There will not be in a century, if ever, circumstances, facts, the national forests of that State for an equal area of national and causes that wlll make another instance which can point to forest land. this act as a precedent. Feeling that here where he recei\ed the The Clerk read the title of the bill. mortal blow is where the sign of remembrance should be set up, Mr. SINNOTT. 1\.Ir. Speaker, I ask unanimous consent that I ask again, in this brief and faulty explanation .to this Honse, this bill be pas ed without prejudice. that they vote the passage of this bill with the amendment in· The SPEAKER. The gentleman from Oregon [llr. SINNOTT] corporated therE>in. [Applause.} asks unanimous consent that this bill be pa sed without preju. The SPK\ KER. Is there objection? dice. Is there objection? Mr. ~IAXX. neserYing the right to object, :Mr. Speaker, I There was no objection. 'vould like to say to my friend from Georgia [~1r. PARK] that INTERSTATE TRANSPORTATION OF I !MATURE CALVES. I would not be willing to have the Go,ernrnent purchase- land The next business on the Calendar for Unanimous Consent as a po~t-office site for the purpose of using it as a park. If was the bill (H. R. 1818} to regulate the interstate transporta. the people of Thomasville desire to present this land to the tion of immature cah·es. Government in connection with the post-offire site. I would have The bill was read, as follows: no objection whatever to letting the Secretary of the Treasury J!e it enacte~, etc., That no person, firm, or corporation shall ship or permit the city of Thomasville to maintain it as a park at dehvet· for shipment, nor shall any common carriet· nor the rece1ver their E'Xpense. trustee, or lessee thereof, receive for tran. portation or transpo1·t from one State or Territory or the District of Columbia into or through Mr. PARK. Then, Mr. Speaker, considering the gentleman's anothe1· State or Territory or the Distl·ict of Columbia any live calf objE>ction. I offer tllis amendment to meet l!is objection. not accompanied by its mother unless the same is G weeks old or over: Pro~;ided, That the Secretary of Agriculture may make rules and ~'he SPEAKER. The time has not yet arrh·ed for that. regulations perrr1itting, in cases of emergency only, the shipment in 1\lr. l\1A:\'"N. Let it be read for information. interstate commerce of live calves less than 6 weeks old; and the Mr. PARK. I present the amendment for information, l\Ir. Secretary of Agricu1tu1·e may also permit. under such t·estrictions as he may deem proper, one shipment in intet·state commerce of live Speaker. calves less than 6 weeks old and over 3 weeks old when the entire The SPE4\.KER. The Clerk will read it for information. time consumed in such interstate shipment to final destination, includ The Clerk read as follows: ing time of loading and unloading, does not exceed 12 hours. SEC. 2. That any pet·son, firm, or corporation, or any common carrier Strike out al1 after tbt;> enacting clause and insert in lieu thereof the or the receiver trustee. 01· les ee thereof, who shall violate any of the tollowing: provisions of this act shall, upon conviction, be deemed guilty of a mis "That the said post·offire site, except where boi1dings, further addi demeanor and shall be pun! bed by a fine of not less than :!0 not· more tion, and approaches are now or may hereafter be located, may, i_n than 50 fot· each calf offered for shipment, shipped, or rPceived for the discretion of Lhe Se('1·etary of the Tt·easury, be used as a pnbhc transportation or transported in violation of any of the pr·ovisions of park to be known as Roddenbery Park, to be ma.lntalned by the city this act. of T'noma~ville under regulations prescribed from time to time by the Secretary of tne Treasury. 1\Ir. GARNER. .Mr. Speaker, I desire to make a suggestion to "That the Secretary of the TrE>asmy be, and be is hereby, authot· the gentleman from Michig<..tn [Mr. HAMILTON J, the author of lzt>d in hls dlsrretion, to accept conveyance of title to the land betwel:'n the bill. the 'post·office site and Madison Stt·el:'t in the city of Thomasville, Ga .. and the sairt land so acquired shall thereupon become a part of said Mr. H..UHLTON of .Michigan. What is the gentleman's sug. post-offict> site: Prodded, That the said enlarged post-office site, except gestion? where buildings, further additions, and approa<.>bes are now or may hereafter be located, may, In the dh:cretion of the Secretary or the Mr. GAR?-."'ER. In order to save time, I ask unanimous con· Tt·easury, bE> used as a public park, to be known as Roddenbet·y Park, sent that this bill go m·er without prejudice. to be maintained by the city of Thomasville under regulatio~s to be The SPEAKER. The gentleman from Texas [Mr. GARNER] prescribed from time to time by the Secretary of the Treasury. asks unanimous consent that the bill go over without prejudice. Mr. MA:\TN. Mr. Speaker, I understand from the gentleman Is there objection? that if the bill is now considered, he proposes to offer tha.t l\lr. HA~ULTO~ of !Uichigan. l\Ir. Speaker, of course, if Lhe amendment? gentleman from Texas insists upon it, I am in no position to Mr. PA.llK. Yes; and withdraw the other. resist; but I want to ask the gentleman if it is not possible for The SP:E....\KEH. Is there objection? [After a pause.] The him to suggest an amendment to the bill which will meet such Chair he11rs none. 'This biU is on tbe Union Calendar. objection as he may hav~ to it? .Mr. PARK. ~lr. Speaker, I ask unanimous consent that the Mr. G.ARXER. Mr. Speaker, in response to the suggestion of bilJ be ronRidered in the House as in Committee of the Whole. the gentleman from Michigan I will say that I feel quite con· The SPEAKER. The gentleman from Georbia asks nnan· fident from the correspondence I have _had with gentlemen in imous consent tha.t this bill be considered as in Committee of Texas interested in the cattle industry that we will be able to the Whole. Is there objection? come to some definite conclusion, and that there will be no There was no objection. objection per se to the bill the next time It comes up. But, Mr. Speaker, I want to say in this connection that this bill is Mr. MA~~. 1\lr. Speaker. I notice that the amendment starts out, "That the said post-office site." It ought to read: not intended to affect, and does not particularly affect, the cat- tle industry. No gentleman can rise on the fioor of this House That the post-office site In the city of ThomasvUle, Ga. and point to a single instance, so far as I know, where men .1\Ir. PARK. I accept the amendment, Mr. Speaker. engaged in the cattle industry for the purpose of producing The SPEAKER. The question is on the amendment offered beef ha\e ever abused the pri'lilege of selling and transporting by the gentleman from Illinois [~Ir. I.1ANN] to the amendment cal\es or ha\e caused the thing which is sought to be remedied of the gentleman from Georgia [Mr. PARK}. by this bill. The Clerk read the amendment, as follows: Mr. HA....\IILTON of Michigan. The gentleman 1s quite right In line 1 of the amendment strike out the words " said post-office site " about that. and inse1·t in lieu thereof the words "post-office site in the city of Mr. GAR~""ER. This bill is intended entirely to reach the Thomasville, Ga." dairY interests of this country. I may say in this connection that the indentical remedy is within the hands of each State in The amendment to the amendment was agreed to. tile Union. The SPEAKER. The que tion is on the amendment offered Mr. HAMILTON of Michigan. Oh, no. by the gentleman from Georgia [.Mr. PARK] as amended by the 1\Ir. GARXER. 'Ihe States simply refuse to exercise the right. Mann amendment. The gentleman from Michigan shakes his head. I do not The amendment as amended was agreed to. believe there is any State in the Union that can not, under the The bill as amended was ordered to be engrossed and read a public·health provisions of its con titution, adequately take third time, and was accordingly read the third time and passed. care of the situation. But I am not going to argue that point Mr. ~L!..NN. Mr. Speaker, I suggest that the title be amended with the gentleman. I know there ou~ht to be some legislation in accordance with the amendment to conform to the text of the along this line in order to prevent the d<1iry people abusing the bill. right which now exists, of killing young calves. Therefore I The SPEAKER. If there be no objection, the title will be feel confident that the cnttlemen of the country who desire to nmez..ded to conform to the text of the bill. have the public health protected., and who al o desire legislation Ther~ was no objection. from a humanitarian st..tndpoint, will be willing to agree to an On motion of Mr. P_\RK, n motion to reconsider the last vote amendment which I am sure will be satisfactory to the gentle- was laid on the tnble. man from Michigan [Mr. ILUITLTON]; but to-day I would like The announcement of the result "'as received with applause. 1 to have the bill go O\er. 1914. CONGRESSIONAL RECORD-HOUSE. 12375 Mr. HAMILTON of Michigan. l\Ir. Speaker, so that the mat meat ls water soaked and dropsical and becomes a fertile place ter may be fully understood by my friend from Texas and by of deposit of the germs of disease. those whom lle represents, I should like to make a very brief There is another thing that they do. They can this meat statement. I ask unanimous consent to address· the House for and label it "potted chlcken," and when you think you are two minutes. eating potted chicken you are really eating the carcasses of The SPEAKER. The gentleman from :Michigan asks unani immature calves. It is an abuse that ought to be stopped not mous consent to address the'House for two minutes. Is there only because it is cruel, but because it is dangerous to human objection? life. There was no objection. Mr. COX. It is the dairymen that are guilty of this kind .Mr. HA~HLTO.N of 1\lichlgan. When the bill was under of miscondu Mr. KETTXER. His opinion was in the "first report. Mr. WEBB. It crentes simply an additional district judge The SPEA.KER. The Clerk wi 11 read the amendment of the for the southern district ot California. That is all there is to gentleman from North Carolina for information. the bill. Mr. i\IANX Mr. Speaker, I would like, first, to know what 1\Ir. MURDOCK. What is this amendment that the gentleman wns the opinion of the Attorney General. If there was an has offere1 ? opinion it ought to have been in the report. 1\Ir. WEBB. Four years ago Congress cren terl an additional ~lr. WEBB. I will st1y to the gentleman from Illinois that district judae for the district of :1\faryland, with the provision I do not recall that the Attorney General ever specifically in that when the senior judge died his successor s~onlrl not be dorsed the bill creating u new judgeshlp in the sbuthern dis appointed. That law wns carried forward in the judicinl cocle, trict of California. The gentleman from Arkansas [:\Ir. FLOYD] and_in reenacting the judicial code that same section of the was chairman of the subcommittee that held the hearings on the code was copied in thi'S bill; but since thnt time tlle senior bill. There is no objection to the bilL so far as we have h(\:ll'tl. judge in Maryland has dieU. antl unless the bill be amended in from the Department of Ju.ctice. There is a universal demand the particulilr which I state it would pro\·ide for an additional among the judges, district attorney. lawyers. litigants. and citi judge in Maryland, which is not wanted. My amendment cures zens of the southern district of California for this new district that difficulty. juflgeship. Mr. MURDOCK. So that this really does not eliminate a Mr. RAKER. Mr. Speaker, will the gentleman yield? district judgeship at all? 1\Ir. WEBB. Certainly. Mr. WEBB. Oh, not at all. That judge is it ·seems to me• .tf I liNt make a brief statement of the work tlut has I\Ir. STEPHJDTS of California. Mr. 'Speah--er, if the gentle been done by tho court during the last two not unusun1 bnt \ery typienl man from North Carolina will permit me to unBwer the gentle weeks: nmn from K!lnsas nnd other l\lembers who desire informnti<>n On the 2d of April, with the jury out in one criminal C!lse, Judge Wellborn impaneled a jury .and proceeded at once with the trial of ftll· about this matter, I will sDy the purpose of thi bill, ~· ~5. is other criminal case, the United tates v. wtlliam B. Edwards and five to ~ create a new Federal judgeship for the southern district <>.f other defendants, lndicted on a charge of conspiring to injw·e, oppreRs, California. Perhap ne"\'"er before bave the facts und condi etc., dtizens in the exercise of civil ;rights, in violation of section 19, Federal Penal Code of 1910. Many witnesses for tlle Governmt>nt and tions so clearly warranted the making of a new Federal office for the defendants have been sworn and examined. and as the case and the nnmin"g of u n.ew Federal officer. Involves some new ::tnd important questions, thl! trial has been .a pro Tbere are 17 California -counties, comprising an area equal longed one, and will not be concluded until to-morrow. Jud~e WeTiborn bas interrupted this trial to bear his Jaw and motion calendars on Mon to that of the States of Kentucky and Tennessee combined, ·in days, each calendar comprising from 30 to 40 matters, demurt'ers, pleas, this one juclicial district, and the growth in population and in ::md motions. lle bas also during recesses concluded the hearing of one court business since the present district judge was appointed case tried before him without a jury, and begun another. He bas ulso received at dU.ferent times durin,z that period three repo1·ts of the has been very gre:1t indeed. United States grand jury for tbts di trict. which returned with the thi·ee Jndo-e Olin Wellborn, our district judge, was once a Member reports 18 indictments. He has also imposed sentences in four c Continued because the court could not give consideration to pani~s. whlch companies had made use of the United States mails and it the rncrease of Federal business in connection with the ocean shipping them at that time, owing to the business before at the and transportation which bas sprung up in this district during the last moment- five years, in addition to the increase which bas arisen in all lines of and I find the fees paid to the witnesses at the time the cases were business, wbic~ business is of the charactet· bad by other courts ; and continued for trial on account of the impossibility of trying them Whereas th1s association did cause another committee to be ap amounted to $4,450.10. Thls is merely the fees of witnesses in these pointed on the 21st day of March, 1913, to urge upon Congre s the four cases paid under the circumstances just indicated. It does not in neces ity of granting an additional United States jud""e for the south· clude other expenses to whkh the Government was put. There were, ern district of California, and that committee has cau ed to be pre however, other cases continued for the same reason during that year, sented to Congress information showing the condition of the court and and there have been some continued for the same reason during the the necessity for the appointment, and all the Federal Representatives year 1913. from the State of California having urged upon Congress the appoint ment of such additional judge; and Mr. Speaker, I desire to call the attention of the House to the Whe_reas .a bill creating an ~dditional judge for the southern district following facts : of Cahforma was introduced m the United States Senate by the Hon. Since the appointment of the present district judge the popu JoH~ D. WORKS, Senator from the State of California and bas been passed by the United States SenatC?. and said bill bas been transferred lation of the district has increased nearly 4()0 per cent, and the to the House and referred to the '-.:Ommittee on Judiciary and is now number of cases of all kinds brought in our Federal court has there pending: Now, therefore, be it grown to more than six times as many per annum, to wit, 117 Resolved, 'l'hat this association does most respectfully mge upon Con gress that it do pass the bill at the earliest opportunity, in order that in 1895 and 745 in 1913. the relief may be given to this district to which it is justly entitled. Our Federal district adjoins the Republic of Mexico, and in it I, the undersigned, secretary of the Los Angeles Bar As ociation, necessarily arises a tremendous number of cases involving the hereby certify that the fore~oing is a true copy of a resolution passed by that association at a meeting of the trustees thereof, held on the 6th neutralit-y and extradition laws of the United States and Mexico, day of November, 1913. besides a large and wonderfully increasing number of inter A. J. CoPP, Jr., Becretm·y. national commerce, customs, and immigration cases. Resolutions of the Los Angeles (Cal.) Wholesalers' Board This district has in it the first thousand miles of the United of Trade: States seacoaRt on the Pacific. It has a number of harbors of commerce which, after the Panama Canal is opened, will quad Whereas there is now pending before the Congress of the .United States a bill for the creation of another judgeship for the southern district ruple the usual number of adrtliralty and customs cases. of California ; and This district has 28 Indian reservations, 7 national forest Whereas the ~rowth of population and of business in the southern dis reservations, and part of 2 natiQnal parks. trict of Cruifornia bas been such that it is impossible for the busi ness to be transacted by one judge ; and The GoYernment still owns thousands of acres of public land Whereas the business interests of this district are suffering from delays that have caused, and will continue to cause, innumerable suits, caused by the congestion of the calendar in that court, notwithstand because of homestead, desert, reclamation, irrigation, water ing the constant work of Judge Wellborn in his endeavors to dispatch power, mineral, and oil claims. business. Resolved, That the Los Angeles Whole alers' Board of Trade com Perhaps more than others this dish·ict is populated by eastern pos~d of the wholesale merchants and banks of this city~,. urge' upon families who still have large property-corporate and other Congress the immediate passage of the bill creating said juoge hip. interests at their old homes in other States. Federal litigation Resolved, That a copy of this re olutlon be sent to lion. WILLIAM D. STEPHE::\'S, Congressman from this district, and that be be requested naturaUy follows. to urge the passage of this measure. The rapid growth and tremendous increase of population in Adopted at a regular m~ting of the board of directors of the Los this distlict has caused many get-rich-quick schemes to use the Angeles Wholesalers' Board of Trade, held September 18, 1913. United States mails. Constant litigation has ensued in conse H. B. LANE, Secretary. quence. Mr. Speaker, I desire now to read a telegram received July Mr. Speaker, I know of no objection to this bill. It is urged 3 from several of the leading law firms of Los Angeles, to wit: hy all our people, and as an evidence of that fact, I will now LOS ANGELES, CAL., July 8, 1914. read in turn the resolutions pa sed by the California State Bar Hon. WILLllM D. STEPHE::\'8~M. ~., Association, the Los Angeles (Cal.) Bar Association, and the washmgton, D. 0.: 'Vholesalers Board of Trade of Los Angeles. Congestion in Federal court is denying to citizens here their right to be even beard on matters requiring immediate relief. An additional Resolutions of the California State Bar Association: judge is absolutely neces ary. Whereas a nPcessity exists for the creation of an additional United O'MELVE::\'Y, STEVENS & l\1ILLIKE~. States district judge for the southern district of California on account GIBSO~J DUNN & CRUTCHER. of the magnitude of the business transacted in tbat court and the large MOTT ~ DILLON. increase In the population within that district, and this condition bas IlA.As & Du}rniGL'i. been called to the attention of the Congress of the United States and a H. H. TROBRIDGFJ. bill creating an additional judge for that district has been transferred ALBERT LEE STEPHENS. to the House and referred to the Committee on the Judiciary and is DE!'l"IS & LowE~THAL. now there pl'nding : Nowi therefore, this association does urge upon that committee that .Mr. Speaker, I have no personal motive in advocating this the bil be reported favorably to the House at the earliest opportunity additional judgeship. I am not a lawyer, I ha\e no case before and requests the House to pass the bill as soon as possible thereaftet· in ordet· that relief may be given to this district to which it is justly this or any other court, I have no candidate for the place. entitled. The appointee will come from another party than my own. I I, the undersigned. secretary of the California nar Association, here am working solely for the public good. I express the hope of by ceJ•tify that the foregoing is a true copy of a resolution passed by that association at a meeting of said association held on the 22d day all southern California, regardless of politics or party, that this of November, 1913. bill may pass the House at this time. T. W. ROBINSO::\', Secretm·y. The SPEAKER. Is there objection? [After a pause.] The Resolutions of tile Los Angeles (Cal.) Bar Association: Chair hears none. This bill is on the Union Calendar. Resol1•ed, That whereas it became evident to this association in the Mr. KETTNER. Mr. Speaker, I ask unanimous consent that year 1908 that a neces ity existed for the creation of an additional the bill may be considered in the House as in Committee of the United States district judge for the southern district of California on account of the magnitude of the business transacted by t.he United Whole House on the state of the Union. States court in thi district at that time and the congestion which then The SPEAKER Is there objection to the request of the gen was becoining burdensome, and this as ociation did at that time cause a tleman from California? [After a pause.] The Chair hears committ<><> to be appointed to investigate the ~ubject and make a re port thereon, and the committee of this association did, on the 30th none. The Clerk will report the commHtee amendments. day of September, 190 , report that the public interest, and particularly The Clerk read as follows : the interest of the litigant in the Federal courts fot· this district, de manded immediate relief in the way of an additional judge for the Strike out, on !_)age 2, line 1, " the district of Maryland," and strike southern district, and the committee of this association did secure out all after the word " Prov·ided," in line 8, page 2, down to the wor-d letters from the Hon. E. 1\I. Ross, judge of the United States Circuit " that," in line 12. Court of Appeals and from the lion. Olin Wellborn, judge of the United States District Court for the Southern District of California, and The question was taken, and the amendment was agreed to. others, showing the neces ity for such additional judge, and caused The bill as amended was ordered to be read a thinl time, was the said information to be laid before Congress, and this association has eamestly endeavored ever since said time to secure an additional read the third time, and passed. United Stntcs district judge to relieve the congestion which has been On motion of Mr. KETTNER, a motion to reconsider the -rote by increasing since that time; and which the bill was passed was laid on the table. Whereas the busine s of the Federal courts in this district has practically doubled since the year Hl08 and the population embraced .Mr. STEPHENS of California. 1\fr. Speaker, I a~k unani witllln the boundaries of that district bas doubled, having increased mous consent to revise and extend my remarks. from approximately 750,000 to 1,500,000 since the year 1908 ; and Mr. KETTNER. .Mr. Speaker, I make tile same reque t. \YlrerPas the litigation has more than proportionately increased in the Federal courts ince that time, owing to the international ques The SPEAKER. Is there objection? [After a pau~e.] The tions arising on account of the civil war in tbe Republic of Mexico, the Chair hears none. boundaries of which extend along. the southern boundaries of this dis trict, and on account of the litigation arising over mineral claims, and COAL AND OIL llE OLUTIONS (H. DOC. NO. 1124). particularly oil locations, and the position taken by the "Cnited States The SPEAKER. The Chair lays before the House a communi Uovernment in relation thereto, and on account of the numerous enter prises which have sprung up in Los Angeles, owina- to the great local cation from the Hon. James S. Harlan, chairman of the Inter growth, seeking to sell real e tate and stock through incorporated com- state Commerce Corumis ion, making a report ill reference to 1914. CONGRESSIONAL RECORD-HOUSE. I certuln resolutions, and· also a short· Ietter1 which the Clerk · pa~sed by the- Sena.te.. in lieu. of: the: Rouse bilL Is there oljiec- wm report ; tion? The Clerk read as follows: Mr. MANN. Regerving the right to object, I would like to ask IN'IERSTAT» Co::u.MEni::E Cb11rMxssro~, if the Senate bill is in the House..- WMhington, D. V., June9, 19U. 1\!r. DECKER. Yes. U is No. 260 on· the calendar. u:'O TilE PnES1Dl1NT- OF . THE S"E~AT~ AND TilE SPEAKER Oli' THE HOUSE 011' 'J."'he SPEAKER' pro tempmTe. The gentleman from Illlnois REPRESEI\7ATIVES Oli' TltE UNITED STA'rES. [Mr. MANN] wants,to know whether the Senate bill as it paiised Stu : 1 have tbe honor to submit tbe followiJ?g report of the Inter is in the House. state Commerce Comnrtssion, responsive- to the JOln.t re otutlon of. the Senate and House of Representatives. a copy of which precedes tbe r~ Mr. DECKER. Yeg. port. The commission has heretofore s~bmi~ted ~eports under ~1s· 1\Ir. MA!\"N. f ha\e-no objection. re olutton in connection with Its investigations 1.n vanous fit>~ds tbrou,.,h The· SPEAKER pro tempore. The Clerk will' report the Sen out the country. The report submitted hereWith. bas parti~l:u" refer ence to the coal and coal roads irr the State of Illlnois- and mcidentally ,ate bill. to roads extendin~ into adjacent Indiana coal fields. Tile Clerk read as follows: Respectfully submitted. JAYES S: H.AnriAN; Oha£rman. An act (S. 5462) to authorize tho county of Barr-y, State of Mis ouri, to construct a bridge aero s the. White River in Barry County, l\fo., 'fhe SPEAKER. Ordered printed and referred to the- Com at or near a point known ag Goldens Ferry. mittee on Interstate· and Foreign Commerce. Bu it enacted, etc., That· the county of Barry, State of Mis ourt, and its assigns be, and is hereby, autnortzed to construct, maintain, and o:per GENERAL DEFICIENCY BILL. ate a bridg.e and approaches tbereto across the White River at a: point Mr. FITZGERALD. • Mr. Speaker, I ask unanimous· consent suitable to the interests of navigation, at or near Goldens Ferry, more tully described a the crossing on Golden and Ca llle public road, irr to take the general deficiency bill from the Speaker's table, sectio.n 6, townsh1p 21, range- 25 west, fifth principal mer1dlan, irr the diEngree to Senate:-amendments, and ask for: a conference. county of Barry, in the State of Missouri, in accordance with the pro The SPEAKER. The gentleman from New York asks unan visions of the act entitled "An act to regulate the construction of bridge over navigable water ;'' approved March 23, 1906. imous conc:ent to take from the Speaker's tn:ble the general SEc. 2. Thar tbe- right to alter; amend; or t•epeal thi act is lfereby ex:. deficiency bill, disDgree to the Senate amendments, alld ask for pre sly reserved. a: conference~ IS there objection? The SPEAKER pro tempore. The question is on the- thiru 1\Ir: MAJ.~. Mr. Speaker, reserving the right to object, I reading of the Senate bill. would like tCJ ask the gentleman from · New York what is- the 'l'he bill was ordered to a third, reading, was read the thirrr &tatus of the sundry civil bill in conference.? time,. and pas ed. MIT. FITZGERALD. We are. prepared to. make a report to~ On motion of Mr. DECKER, a motion to reconsider the vote by day mth five or six items in disagreement which the bill was passed was laid on the--table. ' .Mr~ 1\IANN. Will that probably come up to-morrow? 1\!r. MANX. Mr. Speaker, r ask" unanimous consent thnt Mr. FITZGERALD. To-morrow, I think. The Senate must House bill No. 1G19Tbe laid on the. table. act on the report first. _ The SPEAKER pro tempore. Without objection, it is so or.:. The SPEAKER. Is there- objection? [After a lllliuse.] The 'deredl Chair hear none. The Clerk will report the: title of the bill.• There was; no objection. The Clerk read as fo11ow · : H. R. 17824. An act making appropriations to supply deflciencies in PATENT FOR LANDS, SUSANVILLE! CAL, appropriations for the fiscal year 1914, and for prior years, and for il The nert business on the Calendar for Unanimous Consent other purposes. H,~ -4J,ll ~~ was the bill (II. R: 16416). u.utlloriz1ng the Secretary of the The SPEAKER. The Clerk will amrounce- ~ .LJJ OnU~g Interior to issue patents to the city of' Susanville, in Lassen. conferees. County, Cal., fbr certain lands, and for other purposes. The Clerk re~d ' as follows: The- bill was read, as follows: Mr. FIUGERALD, M"r. SlssoN, and Mr. GILLETT. Be it enac-ted, etc., That the Seeretru.·y ot· the rn-terior be, and he' SALES OF LANDS, KLAMATH INDIAN RESERVATION. hereby i~ authorized and directed to confer by pToper patent to the city of ~:~u amille:: (a municipal corporation of_ the- sixth class, duly, The next business· on the Calendar for Unanimous Consent organized and e::risting- unde-r the laws of' the State of California, '\vith was the bill (H. .R. 10843) to amend an act entitled .. An act to full power to hold and own real estate), of L.as:sen County, Cal., the following tract of public land, to wit : The. northe-ast quarter of th~ provide for the disposWon and sale of lands- lmowrr as the- southwest quarter of' section 28, tov.nsWp 30 north, range 12 east, Klnmath River Indian Re er\ation," appro-ved June 17, 1892 Mount Diablo base and meiidian, SllSanville land district, upon pay- ... t r 52 53) ment therefol'" to the Secretary of the Interior for thi! Government or (27 S ill · Ll., PIT· · • the United States the full sum of 1.25 per acre, which patent shall be The SPEAKER pro tempore (Mr. HAY). Is there objection issued upon tbc express condition that· tbe city of' Susanville sball use to the present consideration of thtr bill? said tract of llmd for city uses and. purposes only: Proridea, Tbat · 1\f ,.-fA""' 1£!1' S k I +1.. • ht t b' t whenever said lands cease to be used by said city tor municipal pur- l'. ·' ~·d.-... .~.u.r. pea er, reserve- Ul-e l""Ig 0 0 Jec · poses or are attempted to be sold or conveyed, then, and in that event, Mr. STEPHENS of Texas; Does ·the gentleiiUln desire to title to such lands and the whole thereof shall mverL to. the United hflve further information relative- to this bill'}' r will state State · that I have received· a map from the- d-epartment and a lette-r· The following committee amendments were read: from the Commissioner of Indian Affairs and from a special Page 1, line 4, strike out the word "confer .. and insert the word in~pector who has recently been on the reservation rec-ommenu- "convey." . ing this l>ill, and they nll state· positi-vely- it is necessary for On page 2, after •the word "States," in line 10, insert the follow- this money to be.. used ·for the purpose- of building a. trail ove.r ~.:P,·ot·idea further; That such pat~nt shall contain n re!lPrv-ation to this country. It is 30 miles, according to the statement. the United States ot' all gas, oil, coal, anti otber· minet·al deposits that nr Indians are livin!!, on a creelr known as- Mill may be fonnd in such land,. and the right. to the us.e. of tbe land for from Where tli.- ~ extracting the·same." Creek, to the nenrest point where they get their supplies: The SPEAKER pro- tempoTe. Is there objection to the con- Mr. 1\IANN. If the gentleman has a letter of that' sort; L siderntion of tlie bilf? shall be very glad to read it. I ' cnn not do it right now. l\I ~IAN R · th · ht 0 b' · t I p lik t 0 Mr. STEPHENS of Texas. Then, Mr. Speaker, I ask un.a.nk- · r. -'- : esel'\-'lng e rig · to Jee • wou u ~e ask the gentleman fi'om california (M"r. RAKER] how large mous consent that the bill be pas ed without prejudice.. ·susanville is? The SPEAKER pro tempore. The gentleman from. Texas 3 500 1 th It · · nsks unanimous consent that the bill be. passed without preju- Mr. RAKER: There are • peop e era IS mcrcas- ing e>ery day. A railroad was built in last yeu.r: dice. Is there-objection? Mr. MA3N. Do they really need a 40-acre tract for dumping_ Th~~M~~~ ~~~ BRIDGE ACROSS WHITE RITER, BllRY COUNTY, MO. Mr. RAKER. Well, they want to put a plant there. They The next business on the Calendar for Unanimous Cbnsent believe they do, and. I believe so.. It lies tlbout 2 miles: from was the bill. (H. n. 16197) to authorize the county of Barry. town. Etate of Missouri, to construct a bridge across the White River, .1\f"r. l\IAl\'N: How fur is this from. the \olcano? in Barry- Councy, Mo., at or rrear a point known as- Goldens Mr; RAKER. About 45 miles. Ferry. Mr. MAJ. "N. I think-it would be cheaper. to send the waste' The SPEAKER pro tempore. Is. there: objection to the- }1l.'e~... up there and dnmp·it. ent consideration of this bill? [After a pause.] The Chai~ 1 1\Ir. RAKER. But you would liaYe to climh 10,487 feet to. he:ars- none. !get to the month of. the volcano. Mr. Dl!.CKER. Mr. Speaker, a Senate bill or like character I Mr. 1\IANN. If the people out theraare.like tile distingnl.shed. lias passed the: Senate. and L would like to ask unanimo.us COli· gentHmum from Califol•nia Ll\Ir. RAKER]~ cllmbing W-Ould not ~t. that it be-considered in lien of. this bilL. hurt them The SPEA IO:l{ pro temnore. '.rhe: gentle.nuur. :fr.am Missonri: ' The SPEAK:I.BE. pra.. tempor.c. I there objection ta U!:e con,_ ,[Mr. DECKER] asks unanimous ~onsent to consider a similar bill ¢deration of the bill? [After a pause.] The Chair hears none. 12380 CONGRESSIONAL RECORD-HOUSE. JULY 20,- - Tlie question is on agreeing-to the c·ommittee !amendments. which the offense Is commltt~d. and said vessel or boat shall be seized and proceeded against by process of libel in any court having jurisdic- The committee amendments were agreed to. tion of the offense. . The bill as amended was ordered to ba engrossed and read a SE~. 4. That any violation of this act shall be prosecuted in the third time, was read the third time, and passed. diRtrlCt court of the United States of the district wherein the offen Bureau of Fisheries, as I am informe-d, and I suppose the IMMIGRATION. reasons for leaving foreigners out of the bill was the fact that it was, and is, a delicate matter to deal with foreigners in Mr. BRYA....';. Mr. Speaker, I ask unanimous consent to exte~d my remarks on the subject of the immigration bill now such matters as long as they are outside of the jurisdiction of pend mg. the United States. It might be entirely legal. If they should bring the sponges into the United States. in violation of law, . The SPEAKER pro tempore. The gentleman from Washing· . we could puni h them, but I doubt if you could pass a law that ton [Mr. BRYAN] asks unanimous consent to extend his re would permit the arrest of foreigners on the high seas for gath ~ar.ks on the subject of the immigration bill Is there ob· ering sponges outside of our territorial limits-that is, the Jectwn? Mr. 1\f.A...J.~N. R~serving the right to object, is that for 3-mHe limit. the purpose of making a speech or for the purpose of inserting 1\Ir. 1\IANN. This does not affect the foreigner. a lot of material? Mr. SPARKMAN. That is my understanding. That is where the difficulty in reaching foreigners comes in. l\!~· BR~AN. I am not intending to insert any document. I :Mr. MANN. There is no difficulty in reaching foreigners who desne to msert a speech. I have .some clippings that I have bring, or attempt to bring, sponges into the United States. collected. We can prohibit that. I do not know whether there is any Mr. 1\~:\"'N. If anyone desired to insert all the clippings on existing law that does prohibit it or not, but I do not see what the subJect of the !mmigration Service, he could ~make up a object there may be-and I do not say there may be no object dozen vol~es.. I. have n~ objection to the gentleman's printing in prohibiting a citizen of the Uniteq States from going to the a speech with mc1denta1 msertions. sponge banks and getting the sponges and bringing them into Mr. BllYAX 1'hat is what it is. the United States if a foreigner or foreign vessel can do that The SPEAKER pro tempore. Is there objection? without any prohibition. There was no objection. Mr. SPARK~IAN. I have had nothing to do with the en .1\lr. BRYAN. 1\lr. Speaker, a few days ago the gentleman forcement of the old law, but the gentleman will remember that f1o~ Alabama .[Mr.. BuR.NETT] was addressing the House on the in 1906 we passed a law-- iUbJec~ of the 1mnugratwn bill, and I took occasion to interro 1\Ir. :\IANN. I remember that-- gate him as to th~ holdlng up of that bill, and particularly with Mr. SPARKMAN. And the department has found that it is reference to administration opposition. very difficult of enforcement. That law did not deal with the The colloquy was as follows : catching or gathering of sponges at all. It dealt only with the Mr. BRYAN. lli. Chairman, will the gentleman yield there? bringing of sponges into the United States, or rather the sell Mr. Bt::R~ETT. Yes. Mr. BRYAN. The gentleman stated a moment a"'o something about his ipg or curing of sponges within the United States. It did not yiew "o.f tb~ Progressive position with referenceo to the distribution of undertake to deal with the taking of them. Imm 1<>wnts. O!le fact is that here a short time ago every Pr·ogres ive o.n the floor, With the possible exception of one or two voted for the Now they find it is very difficult to enforce the law, and the hteracy tE-st in. the .gentleman's bill. Now, does the gentleman assert Secretary of Commerce writes a letter-- that. that bi.ll Is berng held up-that is the rumor at any rate-by 1\Ir. MANN. I have it. It says: President Wilson, and that the President is against it 7 Does the gen tleman know whether that is true or not? The measure will make it possible to correct the greatest and most ;Mr. BU&XBTT. I do not; and I do not believe the President has ever destructive abuse connected with the sponge fisheries, and will supersede said to anyone that h~ was opposed to that bill. I do not know why an act whose Impossibility of enforcement tends to foster contempt for it is be~ng sidetracke~ m tbe Senate, if it is being sidetracked ; but I do law among a considerable allen population. not IJeheve .that Prestden~ Wilson, after the declarations he made a few years ago 1D a book which he wrote in criticizing tile very class of I am not willing to concede that the United States can not people. that would be kept out by the literacy test, will veto that bill or preYent a foreigner or foreign vessel bringing sponges into the has sa1d to anybody that he would do so. United States. Mr. BRYAN. The gentleman must admit that the Progressives helped him in the enactment of that bill. Mr. ALEXA.. i,DER. No foreign vessel can engage in our coast 1\lr. Bua.xETT. Yes; every one except one of them, I think. wise trade; that is, in fishing-- Mr. MANN. But this is outside the territorial limit. Of I take no delight in criticizing the President. I think the cow·se they can go there. administration is so much better than the Republican Party .Mr. ALEXANDER. It would be engaging in the coastwise could have given had Pre ident Taft been reelected that I am trade. som~~hat l?ath to criticize. I have voted generally for the l\lr. .MANX Why, no; it would not. admimstration measures, and am quite sure I served the best Mr. ALEXAXDER. I do not think any foreign vessel could interest~ of the people of my State and the country in so doing. come in there w-ith sponges caught in the waters on the coast I.n this matter we have an issue of the greatest importance. of Florida; but personally I agree with the gentleman that- It 1s not a new or unconsidered issue. Mr. 1\lANN. I think the gentleman would better pass this WOODROW WILSO~, THE AUTHOR. over, and ascertain in regard to that. 1\lr. ALEXANDER. I have no objection. In hi~ History of the American People ( vol. 5, p. 212), Wood 1\Ir. MANN. I haYe no doubt whatever that something ought row W1lson, the author and university president has this to to be done in the way of legislation. say on this most important subject of immigratidn : Mr. SPARK:\IAN. It is Yery important that some legislation The ~en~l!s of 1890 .s~owed the POJ?Ulation of the country increased be bad, because the industry down there has suffered very con to 62,622,:!o0 an a~di~on of 12,466,467 within the decade. Immi grants poured steadily 1n as before, but with an altPration of s10ck siderably. which students· of affairs mar·ked with uneasiness. Throughout the Mr. MA.....~. Yes; I remember that is what the gentleman said century men of the sturdy stocks of the north of Europe had made up when we passed the bill 8 or 10 years ago, and it was true tl}e main ~train of foreign blood which was every year added to the then, and it is equally true now; bnt it is also true that if we vital workmg force of the country, or else men of the Latin-Gallic stocks of France and north«>rn Italy; but now there came multitudes of ensct the legislation we ought to make it effective, which we men of the lowest class from the south of Italy and men of the meaner did not do before. . sort out of Hungary and Poland-men out of the ranks wherE> there l\Ir. SPARK:\IAN. Perhaps the gentleman can suggest some was neither skill nor energy nor any initiative of quick lnteJiiaence and they came in numbers which increased f1·om y«>ar to year as if amendment that will meet the situation. the countries of the south of Em·ope were disburdening themseives of 1\lr. MANN. I could easily sugge t an amendment, but I am the more sordid an LI-780 12382 CONGRESSIONAL RECORD-HOUSE. ~ JULY 2(), First, we should aim to exclude absolutely not only all persons who ment of a commission to investigate the immigration question was d4! are known to be believers in anarchistic principles or members of an tcated, and the educational-test clause stood 136 to 123. Then there arphistic societies, but also all persons who are of a low tendency or or was demand fot· tellers, and the Speaker began to " ride herd " on the unsavory reputation. This means that we should require a morP Republican Members ln a way that has not been witnessed on the floor' thorough system of inspection abroad and a more rigid system of ex within the memory of tbP oldest observers. aminatwn at our immigmtion ports, tho former being especially neces- H~ went around to :\fembers who were holding back and nrged them in V1gorous language to go up and vote to knock out the educational saghe second object of a proper immigration law ought to be to secure clause and put in the commi sion provision. which be had drawn him by a carefal and not merely perfunctory educational test some intellt self. Wb n all the Members had pa ed between the tellers it was found gent capacity to appreciate American institutions and act sanely as these extraordinary tactics ot the Speaker had won by the small m:ucln. American citizens. of 11. " This would not keep out nll anarchists, for many of them belong to During the discu ion tile galleries were generally filled with r~p· the intelligent criminal classes. But it will do what is also in point; resentatives of labor and their friends. that is., tend to decrease the sum of ignorance, so potent in producing the envy, suspicion, malignant passion, and hatred of order, out of • • * * • • which anarchistic &entiment naturally springs. GARD~ER SEES A NEW LIGIIT. Finally all persons should be excluded who ar.e below a certain Mr; GARD~ER, o~ Massa~husetts, asked if a yea-and-nay vote would be: standard 'of economic fitness to enter our industrial fields as competi· perm1.tted on the educatiOnal test." He was infot·med by the Speaker tor with Amertcan labor. · that it the. rule was adopted there could be no yea-and-nay v9te, as the There shouJd be proper proof of personal capacity to earn an A:r:ner· questions In. issue would be settled in Committee of the Whole. Mr. lean living and enouah money to· insure a decent start under Amer1~n GARD~ER said it was a very bad rule, which excited considerable conditions. Thls would stop the influx of cheap labor and the resul~mg laughter, for until Mr. De Armond showed the sweepin"' character of competition ~hich gives rise to so much of bitterness in Amencan the rule be had declared he was satisfied with the restt·ictlons He said indurlrial life, and It would dry up the spring of. the pesf!.len?al social that be had now a very different appreciation of statements ~ade about conditions in our grrat cities, where anarchistic orgamzations have ,the Capitol and the same statements embodied in a rule. their greatest possibility of growth. . . . Both the educational and economic test in a wise imm1grahon law • • • • • • • should be designf'd to protert and elevate the great body politic and The New York World reported (June 26, 1906) the legislative social. A very close superviRion should be exerci ed over' the steam hip procedure as follows: companies which mainly bring over the immigrant, and they should be held to a strict accountability for a-ny infraction of the law. LIFE SLASHED OUT OF BILL BY SPEAKER-:lln. CA~:-<0~ EXCITEDLY BUTTONHOLES ME:\IBERS AXD TUR~S VICTORY FOR EDUCATIO~AL 'fES"r Immi!mltion into the United States for the year ending June I~To DEFEAT-How l\In. CA.~~o~ DID IT. 30. 1902. was 648,743. During the fiscal year ending June 30, He went to the Republican cloak rooms, " shooed " the Members there 1912, there entered this country 1,.285,349 aliens, and one and a out and told them to pass between the tellers and vote In favor of the Grosven?r amendm.ent. Then he went among the Members on the floor half million aliens are expected this year. and excitedly urged them to vote for the amendment. In almost every President RooseYelt in his message of December 2, 1902, said: case he was successful, and those he could not induce to vote for the I again call your attention to the need of a proper immigration law amendment he persuaded to stay away and not vote at all. coverin"' the points outllned in my message to you at the first of the l\IR. GARDNER SLIGHTED. ses. ion "of the present Congress; substantially sncb a bill has already The Speaker appointed as conferees- :Mes!fl'S. Bennet of New York, passed the House. Howell of New Jersey, and Ruppert of New York, leaving Mr. GA.RD:\'RR, House insurgency, which resulted in the overthrow of Speaker who had charge of the bill, off the committee entirely. The conferees Cannon and the "old guard,'' was given impetus by legislative named by the Speaker are all opposed to the educational test. * * • • • • * trickery OYer this very subject. Republlcan violation of party The Speaker's action in leaving Mr. GARDX~R oft' the committee ot obligation in this connection was clearly and succinctly set conference was commented on by Members. GanD.·ER is credited with forth by one well able to speak on that subject and who has having forced the Speaker to permit the immig-ration bill to be consid· always been a true friend of legislation involving the literacy ered by the llouse by threatenmg biro with a Hepublicnn caucus. IMMIGRATION COMMISSION MERELY DELAYED ISSUl!l. or educational test. Here is what the gentleman from .Massa chusetts [Mr. GARDNER} said on January 7, 1909, here on this The congressional Immigration Commission which was sub floor: stituted, June 25, 1906. for the illiteracy test in the Senate immi M.r. G.iBDNll:lt. I conceive, Mr. Chairman, tb4t If the Republican gration bill, by the Cannon organization to pretend to redeem national platform declares in favor of a particular proposition, and If party pledges, but in truth to get rid of the issue, merely caused the President of the United States, supposing that he is a Republican, delay. The commission was directed to inve tigate and report includes the matter In a message, and if, in response, the Senate passes the legiRlation desired, thE'n when the bill comes over to the House I on the whole subject and particularly the feasibility of the illit should hold it to be a party quE-stion. That ts sound, is it not? I hear eracy test. After an extended searching investigation at home no rt>marks to the contrary. That very situation arose in the spt•ing and abroad the commission made a 42-volume t·eport, of about of 1!>06. Yet I saw one of the Republlcan members of the Committee on Rules act as teller in opposition, and I saw the Speaker of the 500 pages per volume, finding that "many undeniably undesir House pass at the head of the column between the tellers ln opposition able persons enter this country e"ery year"; that exi tinO' immi to the measme of which I speak With the recollection of that scene gration laws are "weak and ineffectual"; that "the~e is u still fresh in my memory, I refuse to be alarmed at the cry of party dt~loyalty. and l await with eagerness a better definitio!J than that dangerous and apparently growing criminal element in the coun which I have just given you as to what a. party question may be. try due to immigration" (House Doc. No. 1489, pp. 29-31); and [Loud applause.] reported on pages 47-48 of volume 1: The Republican platform he referred to read as follows: The investigations of the commission show an oversupply of unskilled For the protection of the quality of American citizenship and of labor tn the basic industries to an extent which Indicates an oversupply wao-es of our workingmen against the fatal competition of low-priced of unskilled labor In the industt·ies of the country as a whole, and lab'Or, we demand that the immigration laws be thoroughly enforced and therefore demands legislation which will at the present time restrict so extended as to exclude trom entrance to the United States those who the further admission of such unskilled labor. can neither read nor write. • • • • • • • The following methods of restricting immigration have been sug The Democratic platform of 1908 contaJned a similar plank. gested: The annual presidential message to which Mr. GARDNEB re (a) The exclusion of those unable to read or write in some language. ferred was from President Roosevelt, in part as follows: Other recommendations are made, but by a majority (8 out The second object of a proper immigration law ought to be to secure of 9) vote of the commission the reading and writing test is by a careful and not merely p erfuncto~;y educational test some intelli~£'nt capacity to appreciate Amertcan institutions and act sanely as American considered " the most feasible single method of restricting unde citizens. Both the educational and economic In a wise immigration law sirable immigration." should be designed to protect and elevate the great body politic and WOODROW WILSON, PRESIDE:qTIAL CANDIDATE, STA~l'ES IllS POSITIO:q. social. On September 4, 1912, according to press reports, Woodrow Here is what the Philadelphia Record (June 26, 1906) had to Wilson, Democratic nominee for the Presidency, said to the say about the Cannon stand-pat b~trayal: editors of the Association of Foreign Language Newspapers in RoesE LEADERS THnOTTLE VoTEl o~ hnnoRA'l'IO~-CL~o~ CRACKS .New York City: WHIP SHARPLY-SPEAKER SCURRIES ABOUT AISLES, THREA.TE:qr:qo, If we can hit upon a standard which admits every voluntary immi CAJOLr:- have been flooded with petitions and memorials urging them not to subject all were considering, and the President signified that vote for the bill and to do their utmost to defeat it. • * * if elected he would stand for restriction that would ma1ntain The immigration question is one which the administration would American standards. Surely the ability to read and write is much rather evade than solve. If the tolls controvet"Y has cooled the ardor of Irish-American voters who have hitherto stood theft· ground one of the standards which we call American. A college presi in defending the administration, the literacy test will certainly have dent would not name less, or at least the people had a right to a similar chilling effect upon one or another important political element draw that conclusion. in the United States. The American Federation of Labor has taken great interest The 1\!ercury Banner of March 27, 1914, published in Hunts in this proposition, as the following report of President Gompers ville, Ala., 1\fr. BuRNETT's State, contains the following: on national legislation for 1906 will show: WILSO:'\ OPPOSED TO LITERACY TEST. Labor bas for years endeavored to secure the passage by Congress of a law restricting immigration. One of the effectual means to secure WASHINGTON, Mat·ch ~. this was an educational test, and this was incorporated in the bill It is understood that President Wilson is opposed to the literacy before the Fifty-ninth Congress, the United States Senate having test in the Burnett immigration bill to such an extent that he has adopted it in a bill which passed that body, It was clear that a ma· hinted at veto if this test was not removed before the bill reached the jority of the Members of the House of Representatives were in favor White House. of this bill including th£> educational test, but Speaket· Cannon not W. B. Wilson, Secretary of Labor, had a conference with Senator only used the vast power and influence of hts office to defel,lt it, but he E. D. SMITH, of the Senate Immigration Committee, and it is declared left the exalted position of Speaker, went upon the floor of the House. the Senator was informed of the President's objections, and that it and made enough Members either go to the cloakrooms or go between the Executive approval was expected that the literacy test ought to the official tellers of the House and vote against the proposition. As a be cut out of th~ bill. result of his high-handed action the educational test was defeated. Senator SmTH declared to-day that the literacy test would remain in the bill, and that he considered the measure as reported to the Senate And the need for the working people taking an interest is well th'e best immigration bill prepared in years, and believed that it would shown by the following letter: pass the Senate overwhelmingly. Senatot· SMITH declined to express an opinion as to whether the President would veto the bill: [Edward Horvath Labor Agency, M. Engel, manager. Licensed and Representative BURNETT is in Alabama engaged in his campaign. bonded. Telephone, Orchard 1039.] 124 EAsT THmD STREET, Was the following, published in the Washington Post on New York Citu, OctC>ber 4, 1913. February 17, 1914, merely so much guesswork? If so, how does S. E. & H. L. SHEPERD Co., it happen that so many are guessing alike? Roc1;pot·t, Me. . WILSON TO VETO IT-BE DOOMS THE LITERACY TEST I!"i AN lMlUGRA· GENTLEMEN : Foreign laborers are now available in this city for less TION LAW-BUT COXGRESS GOES AHEAD--CHAIRMAN SMITH PREDICTS wages than you can secut·e men for in your State. THAT BURNETT MEASURE WILL PASS-MEANTIME AMBASSADORS Are you in need of any? lf so, we can offer for immediate shipment CUSANI, OF ITALY, AXD CHINDA, OF JAPAN, MAKE PROTESTS-LATTER any number of them of any desired nationality. CONFERS WITH CONSULS, WHILE FORMER LAYS VIEWS BEFORE Trusting to bear from you, we are, BRYAN-EUROPE AGAINST UNITED STATES DOCTORS AT PORTS Oli' Very truly, yours, E.MBARKA.TION-ExCLUdiON DROPPED. M. ENGEL, Manage-r. President Wilson will veto the Burnett immigration bill if it comes President Wilson was commended because labor. belie\ed he to him for signature with the so-called literacy test contained in it. This became known from an authoritative quarter last night after was right on this question and would use his power if elected to Cnalrmau S:.nTH, of the Senate Immigration Committee, had announced "maintain .American standards" in the matter of the admis that the bill, virtuaJiy as it passed the House, including the literacy test, sion of immigrants. President Taft was condemned because would be favorably reported to the Senate soon. Prospects are that the bill will pass the Senate as reported from the committee, but the meas it was believed that he would take the opposite new on this, ure never will become law, according to close friends of the President. as he had already done. PRESIDENT WILSON'S BELIEF, WHAT IS TilE RESULT; WHAT IS PRESIDEXT WILSON'S POSITIOX NOW. The President does not consider literacy a test of character and The gentleman from Alabama [Mr. BURNETT], in his answer believes some other means should be devised to prevent undeslrable aliens from entering the United States. He told callers yesterday that to my query, said: he bad given his vtew to the Senate committee, and had left it to them I do not believe that President Wilson, after the declarations he made to make it public or not as they chose. a few years. ago in a book which he wrote, in criticizing the very class ot people that would be kept out by the literacy test, will veto that Another " guess " is found in the Boston Transcript of Feb blll, or bas said to anybody that he would do so. ruary 17, 1914: WILL VETO LITERACY TEST-PRESIDENT REGARDS IT AS NO TEST OF CHAR I have sincere regard for the gentleman, and I know he be ACTER-BELIEVES SOME OTHEB WAY SHOULD BE DEVISED-THE BILL, lieT"ed what he said. I do not know whether he would still say HOWEVER, PROBABLY WILL BE PASSED. that he did not belie\e President Wilson is responsible for the WASHI~GTON'" February 11. holding up of this proposition; I could certainly not agree with President Wilson will veto the Burnett immigration blll if it comes to him for signature with the so-called literacy test contained in It. Pros· him, to say the least of it. We passed the bill here in th~ pects are that the bill will pass the Senate as reported from the commit House by a decisive majority months and months ago, but it tee, but the measure never will become law, according to close friends is still slumbering on the Senate calendar and has been since the of the President. The President does not consider literacy a test of charactar, and believes some other means should be devised to prevent Senate committee reported it, March 19, to that body for consid undesirable aliens from entering the United States. eration and a vote. Several members of the committee said that the literacy test would " Where ignorance is bliss 'tis folly to be wise " may be a remain in the bill, with a possibility of a slight modification of that part of it which would exempt from its application aliens who showed good rule to apply here, for if the gentleman is ignorant as to to the satisfaction of the p.roper authorities that they emigrated from the facts, I have serious doubts that h~ would be profited any a forei~n country "solely for the purpose of escaping religious perse· by wisdom on the subject. He has passed the bill here and hus cution.' The Italian ambassador objects to the feature of the bill which pro done his work well-to this we will all agree-but the public vides for medical inspection of immigrants aboard ship. generally knows that President Wilson is sitting on the lid that It is said that Representative PALMER, of Pennsylvania, in covers the immigration bill that contains the illiteracy test. campaigning for the second place in the senatorial race with Let us call some witnesses. li,irst- Senator PENROSE, is having tremendous trouble with this Yery sgNATOR SMITH, CHAlli~IAN UU.IIGRATION COMMITTEE. issue, it being claimed that l\Ir. PALMER is such a powerful Press reports of the South Carolina senatorial debate at friend of the President that if he would try he could get him Gatrney, S. C., July 3, state that Gov. Blease, who is opposing to forego his opposition. Gifford Pinchot, Progressive, for first Senator E. D. SMITH for the United States Senate, again critl· place, is having no trouble whatever with the issue. cized Senator SMITH, chairman of the Senate Immigration Com " The proof of the pudding " is said to be " the eating mittee, for not having pushed the 60-page Burnett immigration thereof," so we ha\e only to observe that somebody is holding bill, that passed the House February 4 and was reported to the this bill up. If it is not the Senate committee, then who is it? Senate March 19, through the Senate, and thnt Senator E. D. If the President is for the bill, does anyone suppose he would SMITH reiterated his position toward immigration by declaring continue silent so long while the bill is being done to death? If that despite the opposition of the President and party leaders he did, would any friend of the bill justify his silence? to the bill he was determined, so far as was in his power as chairman of the Senate Immigration Committee, to do all he PROGRESSIVES FOR THE BILL. could to nail up the bars. The Progressi\eS on this floor are still for the !: ill, as Chair Gov. Blease is said to be some campaigner, and Senator SMITH man BuRNETT stated that they were for it when the bill passed. is said to have urged that something be done toward the passage I know of no better way to maintain American standards in the of this bill. matter of immigration than to adopt the rule that adults who The New York Tribune of June 8, 1914, has a press dispatch can not read or write in their own language can not be admitted concerning the immigration bill containing the following: to lower the standards of ln bor and citizenship. FUR-SEAL SPECIMENS, TRUST BILL USED TO BCRY LITERACY TEST-WILSON AND DEMOCRATIC LEADERS EAGER TO DODGE ISSUE-ALIE~·BOR~ CITIZENS AND LABOR CON· The next busine s on the Calendar for Unanimous Consent FLICT-TRADE-COMMISSION MEASURE MAY ENABLE PARTY TO DEFER DAY was House joint resolution 270, authorizing the Secretary of OF RECKONING. . WASHINGTON, June 7. Commerce to have taken specimens of the Pribilof Islands fm· The fact that a 1·eligious controversy bas been injected Into the ques· seal as specimens for the collections of the National Museum. tion makes it all the more dangerous politically. Members of Congress The Clerk read the title of the joint resolution. 12384 CONGRESSIONAL RECORD-HOUSE. JULY 20, The SPEAKER pro tempore. Is there objection? by herself' tor such time as when, added to the time durin"' which bet' husband prior to desertion had complied with the law, woufd aggregate Mr. 1\IANN. I shon1d like to have the joint resolution ren.d. the full amount of residence, improvement, and cultivation required by The SPEA..KER pro tempore. The Clerk will report the joint law: And provided further, That the published and posted notices of intention to submit final proof In such cases shall recite the fact that resolution. the proof Is to be offered and patent sought by applicant as a deserted 'l'he Clerk read as follows: wife, and a copy of the said notice shall be mailed to the last-known Rcsolred, etc., That the Secr~>tary of Commerce be, a~d he is hereby, address of the husband of applicant. authorized to have taken for the collections of the Untted States Na tional Museum a sl.'fies of specimens of the Pribilof Islands fur seal, With the following committee amendment: to properly illustrate the range or variation in both sexes at all ages, Page 2, lines 17, 18, and 19, strike out the words "and a copy of the said collection no t to exceed 30 specimens in number. said notice shall be mailed to tbe last-known address ot the husband of applicant," and insert in lieu thereof the following: " and. prior to The SPEAKER pro tempore. Is there objection? its submi sion, notice thereof shall be served upon the husband of the Mr. M..ANN. Reserving the right to object, at whose expense applicant In such a mannPr and under such rules and regulations as the is this to be done, and why can it not now be done as the law Secretary of the Interior shall prescribe." stands? Mr. MADDEN. Reserving the right to ol1ject, I should like Mr. ALEXA~TJ)ER. It will be done at the expense of the to haYe the gentleman from California [Mr. RAKER] tell us how Government. The Secretary of Commerce does not think he many of these cases he proposes to cover by this blll, and what has the power to permit this to be done under existing law. is the particular need of it. Of course, there is a closed season in the Pribilof Islands-! Mr. RAKER. The need for the bi1l has been suggested by the believe for five years-during which only a certain number of registrar and recei•er of the Sacramento land office, and also -seals may be killed, and for certain purposes named in the a~t. from the Susan•ille land office. which is in northern California, A bill bas already passed the Senate-S. 150-in the same and in the correspondence which came following the suggestion terms as the House joint resolution. The House joint resolu from the registrar and receiver of the land office at Sacramento, tion came to me from the Department of Commerce. I intro on the ground that when a homesteader's wife Is abandoned she duced it nnd had it referred to the Committee on the Merchant practically has no rights in the land. If she pro•es up under Marine- and Fisheries and reported it back with a letter of the the rule, the patent goes to the husband, who may live in a Secretary recommending its passage. He does not think ht! nearby community, and who can take the land and sell it and has the pvwer under existing law to permit these seals to be dep1ive the wife of the whole of it. caught. .1\!r. MADDEN. He could not sell it without her consent, Mr. MANN. How many fur-seal specimens are there now in could he? the National l\fuseum? Mr. RAKER. Absolutely; that has been done in a numbe-r Mr. ALEXANDER. I do not know. All the informatiou of cases. I ha•e is contained in the letter from Dr. Charles D. 'Valcott, Mr. 1\IADDE.i.~. How coulu he do it? Does not she have to Secretary of the Smithsonian Institution, who says: join in the deed? I find that the Pribllof Islands fur seal is very poorly represented ln Mr. RAKER. No. the collections of the United Stutes National Museum. The specimens Mr. .l\!ADDEN. Mr. Speaker, I object to the bill. are practically all defective, and It is highly desirable that this im portant mammal should be properly represented in the national col FUB·SEA.L SPECHIENS. lections. In view of this, I am writlnP." to ask 1f you think there will be an Mr. JOHNSON of Washington. .1\Ir. Speaker, I ask ununi· opportunity the coming summer to secure a series of skins and skulls mous consent to return to Calendar No. 194, relating to the prepared with the specia.l needs of the mnseum In view. About 30 com plete specimens selected to Illustrate the range of variation in both specimens of Pribilof Island fur seals, in order that I may sexes at all ages would form a series adequate for the scientific study ot change my objection and ask unanimous consent that it go the speeles. over without prejudice. The National Museum now has one of the largest mammal collections in the world, and it Is strange that there is not a good representation The SPEAKER pro tempore. The gentleman from Washing of one that is so valuable and of such importance to the American people ton asks unanimous consent to return to Calendar No. 194. Is as the fur seal. there objection? The SPEAKER pro tempore. Is there objection? Mr. 1\IANN. Reserving the right to object, is not there a .Mr. MURDOCK. Reserving the right to object, I am curious Senate resolution on this same subject? to know how these specimens will be obtained after the author Mr. ALEXAi'\""DER. There is. ity to obtain -the::n is givel!. Does this mean an expedition of Mr. MANN. Is it on the calendar? some kind? 1\!r. ALEXANDER. It is on the calendar, but not on tho Mr. ALEXfilJ)ER. Oh, no; they have the employees in the Unanimous Consent Calendar. islands. These seals are being killed from time to time for Mr. .MANN. It can be placed there. food and under the pro•isions of the existing law; but no one .1\Ir. ALEXANDER. The gentleman from Washington is is authorized to kill them and furnish skins to the Smithsonian going to ask unanimous consent that it be passed over without Institution for this purpose. The Secretary of Com:nerce wants prejudice. to have the authority from Congress to do it .Mr. MANN. Mr. Speaker, I object. Mr. MuRDOCK. The gentleman does not think there will be SALE OF CERTAIN LANDS IN COCO:NINO COUNTY, ARIZ. any expense attached to this? Mr. ALE..""CAl\"'DER. Oh, no; I do not think so. The next business on the Calendar for Unanimous Consent The SPEAKER pro tempore.· Is there objection? was the bill (H. R. 15907) authorizing the suney and sale ot .l\lr. JOHNSON of Washington. I object. certain lands in Coconino County, Ariz., to the occupants thereof• The SPEAKER pro tempore. The gentleman from Washing 1\Ir. HAYDEN. Mr. Speaker, I ask unanimous consent that ton objects. The joint resolution will be stricken from the Cal- the bill S. 5316, identical with this, on the Speaker's table, be endar for Unanimous Consent. · substituted for this bill. The SPEAKER pro tempore. The gentleman from Arizona PUBLIC LANDS CLAIMED BY DESERTED WIVES. asks unanimous consent to substitute for this bill the bill S. The next business on the Calendar for Unanimous Consent 5316. Is there objection? was the bill (H. R. 16296) to provide for issuing of patents for Mr. MANN. ReserYing the right to object, let the Senate bill public lands claimed under the homestead laws by deserted be read. wives. The Clerk read the bill S. 5316, as follows : The Clerk read the title of the bill. An act (S. 5316) authorizing tbe survey and sale of certain lands in The SPEAKER pro tempore. Is there objection? Coconino County, Ariz•• to the occupants thereof. Mr. MANN. Let the bill be reported, Mr. Speaker. Be it enacted, etc., That the Secretary of the Interior ts hereby au· The SPE.A.KER pro tempore. The Clerk will report the bill. thorized and directed to cause each occupied and improved legal sub division in sections 17, 19, 20. 21, 28, 29, and 30 in township No. 41 The Clerk read as follows: north, of rang-e 2 west. Gila and Salt River meridian. Arizona, to be Be it enacted, etc., That In any case in which persons have regularly surveyed and platted into town lots and neces ary public re erve , and initiated claims to public lands as settlers thereon under the provisions lnto agricultural tracts of not exeeedinl!' 20 act·es, and into dam and of the homestead laws and the wife of such homestead settler or entry reservoir sites where used for such purposes. followin~ the lines of occu man, while t·esiding upon the homestead claim and pt•ior to submi ·sion pation in each case where occupied as near as may be, and delineating of final proof of residence, cultivation, and improvement as prescribed on the plat all irrigating ditches and canals. by law, has been abandoltd ai'cl deserted by ber husband for a period SEC. 2. That the town lots shall be appraised without considt>rlng the 11 value ot any improvements thereon, and any person, or bls suece sors ~!cfD~re s~~~n a~~~d~~~enteord~:~i~o:i~~ ~~ 5a~Ps~~cii~~h~~~tnl s\~~ in Interest, who prior to January 1, 1914, were In the actual occupation retat·y of the InteriiJr, be entitled to submit proof upon such claim and of one or more of such lots 1n ):tood faith for town-Rite purposes, with obtain patent therefor in her name In the form, manner, and subject substantial and permanent lmprovemPnts upon each lot and have main· to the conditions prescribed In section 2291 of the Revised Statutes of tained such occupation and improvements to date of appllcation, upon the United States and acts supplemental thereto and amendatory the filing of an application therefor within six months from the date of thereof: Pro1:-idell, That in such cases the wife shall be required to the llJ)proval of the appraisement herein provided for, shall be entitled show residence upon, cultivation, and improvement of the homestead to a. patent tor the same upon paying the. appraised price therefor. All 191-l. CONGRESSIONAL RECORD-HOUSE. 12385 ltlch lots not .covered by vnlld ~pplicatlons. at the expiration of s~d six Mr. HA YDE~. I anticipate no such difficulty. months shall therPafti:!r oo offered at pubhc sale to tbe pighest b~der. Mr. MURDOCK. lleser•ing the right to object, I would Hke and the lots not so dlsposed of shall thereupon be ubJect to pnvate to ask the gentleman what about the surplus land provided entry: but no lot shall he sold at pnblic .sale or pril"ate entry at le:s for ·n tht's bill?. As I read it, the biii discloses that a certain than the appraised price. · 1 SEc. 3. 'Ibat any person. or his succl'ssors in intPr~st, who prior to part of the tract is to be sur,·eyed and S<)ld. .As I understand, January 1, 1!)14., were in tb~ aetual occupancy of and Jmp~'O\"~g one gr th t · t · d? moTe of said tracts for aJrrlcultural purpo es. not exceed~ m au _o a IS no now occup1e · acrcJ', and hn•e mainta1ned the same in ~ood faith f~r ~ald. purpo~e • Mr. HAYDEN. This land is on a small creek. A pnrt {)f it upon the filin"' of an application to enter the Fame mthm su: mQntbs is 1.rrig. b1e and a purt of it is not. The agricultural hmds now from tbe tiling of the plat of said su."'"ey in the local lan~ offieeJ ~hall be occupied lie alon.,rr the creek bottom. If somebody wanted to buy entitled to a patpnt for such t1·act or traet upon paymg the sum of $1.::;:; per acre therefor. All such tracts not covered by valid applica- a piece of the rough land nent' his entry after it was surveyed, tlon.s at tbe expiration of ld six months shall thereafter be subJect to he should hH ,.e an opportunity to pay the Go•ernment for it. cash entry upon payment of ' 1.25 per acre. l\I 11.IURDOCK H "' t .,- '11 th1's sur'('e~ be? ~Ec. 4. That tbe ·dam :.~.nd reservoir tr:.:ct are bl'!'eby r<' erved for the r • ..ll • ow ..._x en.,n·e W1 ' · • .• • usc <>f ~aid community for tht- purpose of 1rri'!~tio~ a.nd water supply, Mr. HAYDEX The whole area rnention~d in the IJ111 covers and patent therefor shn.ll ilisue to the munlctpality when .org~~:nlZPd portions of eight seetions of land. upon payment of $1.~5 per ll.Cre therefor. PntPnts. t,o the pubJtc r.i'- Mr. l\llJRDOCK. How much of that is now occupied? seFCS in the town ite may be i~uoo to tbe mumetpahty w!Jen or- ganized. Any easements maintained by authority and for use of t'.Je 1\!r. HAYDEX I doubt if much more than a thou.,and acres United State are hereby re&>rv.e-d, :md said ~:urvey shall sJ::ow all sn~h out of the w!Jole area nre under cultivtltion. easements. and the patpnts to aH lands. nffected tbez·eby su::Ul eont...tin Ur. MURDOCK. 'Will the gentleman exnlnin to the House a reservation of the ea. ement to tht- Umtf'd States. . .v SEc. 5. That the Secretary of the Int~rior is further autborJZed why this ettlement took place as eurly as it did? to survev plat. and patent sncb lots, agncultru-al trnet&. and town- Mr. HAYDEX Tbi little •alley was di COYered in northern site re E'r~ations. which may be situatl'd .upon tbe "~Vest, half of th~ A . d I ttl d th th d'd . th ts f soutbwe!'t quartei' of section 16, in township No. 41 nortu, of range _ r1zona, an peop e se e ere. as ey 1 ID o er par o wost, Gila and Salt River m~rid!an, arizon!l, upon the saDW terms and the State, long before any public-hmd surYey was e\er wade. conditions as prescr·i~d in sections l, 2, 3, and 4 ht-reof_ shou~d the To get from my home in Arizona to this place one htls to go title to !':aid west half of the southwest quarter be found vested lll the through California, Nevada, and Utah. Thi-s part of Arizona bas United States or revert theN'to. sec. 6. Tbat the expenses incidt'nt to the ~urvPy, appraisement. a?d been very much neglected by tb~ Go,·ernruent in the past. we, herein required to be made. shall be patd out .of any [t~nd appto- Mr. MURDOCK. The a•erage holding the gentleman .says pri:.lteil for tbe survf',:v of tbe public lands .at the time avmlable. Tbe is ~omething like 15 or. 20 acre j Serretnrv of the Intf'Ti{)r iR bereb.v authorized to issue proper regula- tions tor the administration of tnis aet. Mr. HAYDEN. Yes; and the maximum holding under this The SPEA.KER. Is there objection? bill is 20 acres. .Mr. MOXDELL. Reserdng the right to object, this ~m The SPEAKER pro ternpare. Is there objection? seems to be intenued to cure 3 curious and nnusu,1I situatiOn. Mr. MO::\'DELL. Mr. Svenker, reserving again the right to 1 notice the report does not enlighten us •et'Y mucb in regard object for a moment, I intended Jo ask the gentlem:m from to it. 1 should like to haYe the gentleman from Arizona inform Arizona [Mr. HAYDEN] in regard to the small trnct. the west · 1 t' half of the routbwest quarter of section 16, referred to in us ns to the conditions which make this legis a Ion nece sary. section 5 of the bilL Is that a tract to which there is at this In the first place. have the lands been surveyed? They are time asserted some sort of a private -claim? described as sections and parts of sections. Mr. HAIDE.N. The township bas been surv~yed, but not Air. HAYDEN. I understand there is some dispute as to whether it is in an Indian reservation or not. I am not posi- eacll of tl:Je trncts of land. ti\e about this. howe\·er. Mr. 1\IO ... ;DELL. The ordinary rectangular suneyB hare been l\lr. MO:.\'DELL. I h1lse no objection. extended over the nren? - 1\lr. McKENZIE. "l\!r. :Speaker, reserving tbe right to object, l\1r. HAYDEX Yes; in July nnd August, 191l. what is the objection to some one of these people tnking title Mr. MUNDELL. And the iunds are occupied, and haTe been to this land and reconYeying it to the other people in the same for a considerable langth of time, by various people and under community under the law we ha•e now in force? wlli'lt sort of n claim of right? Ur. HAYDE~ •. The land bas been occupjed for the past Mr. HAYDE..~. It was unsun-eyed public domain when the ·30 years, and a man natural1y would prefer to get title from settlement was made 30 year~ ago. The larid is on the north the United States Government to the tract on whicb he is side of the Grand Canyon in a very inaccessible part of my residing. State. . · 1\lr. MONDELL. .Ur. Speaker, will the gentleman yield to 1\Ir. l\fO~"DELL. The lands, p311: of the time nt le:Jst, have me for a moment? - been subject to entry, except for the fact that they were not Mr. HAYDE::J. Certainly. suneyed? 1\Ir. l\lOXDELL. I wish to make this suggestion to the gen- . ~Ir. HAYDEN. Yes. 1 tleman from Illinois [Mr. McKENZIE]. I thiuk the plan he l\11'. MO~''DELL . Therefore the right of a homestead set- suggests might be nccomplisbed. providing everybody was agree ·uer attached. Does the gentleman understand thnt tbe.re are able. There are two difficulties in the way, bowe,·er. One is no settlers on the tract who will insist on their full right as that if tllese people ba•e di•ided up their lands and each homestead settlers? bus occupied a small area and anyone prote ts against one Mr. HAYDE...~. It is the desire of each one to u~quire title indiTidual securing title to tbe entire tract he could be made to the small tract of land he has heretofore occupied-some- ·serious h-oub1e because of a pronsion of law under which thing like 15 or 20 acres. If permitted to enter under the land notoriously occupied at the time claim is asserted ran not homestead law one settler could locate a whole quarter sec- ' be taken as a homestead. If these are colonists who came in tion. If he did so, his entry would e<>>er .areas now occupied tbere wHh the intent of taking small areas, they probably by his neighbors. No one wishes to do that. would do just what the gentleman suggests on their owu mo- Nr. 1\IO~"DELL. The gent1eman understands that if any tion if no other pronsion were made, but this occurs to me people living on the land should elect to ~sert their rights as to be the >ery best plan of procedure. The Government itself homestead settlers. bm·ing a homestead right, that they can makes th~ divislon among the e people that hn>e already settled claim their full rights, notwithstanding the pas age of this there and gives them the title. and that obviates the neceFsity act. Are ;.here any peJ.·sons who are likely to do that? for a division am{)ng themseh-es, and then there is no question Mr. HAYDEN. I anticipate no trouble about this matter but thnt .eaeh settler 'Will get the land which he claims and has whate>er. -oceupied and has helped to impro,·e_ 1\lr. MO .. rnELL. How did it happen in this particular local- 1\Ir . .MURDOCK~ HaYe the settlers previously made any at- 1ty thn t people went on the land as horneste:1d settlers and only tempt along this line? occupied such small areas? 1\lr. I!AYDE. T. 'lney haTe been continuously asking for a 1\lr. ILo\YDEN. A smaU colony settled there, and when the suney, and for an opportunity to get title. Not long ago an colonists located on these lands each one took but a small inspector was sent out by the Department of the Interior who area. It is in an isoltlted place, way out of the world, .on the went on the ground and examined the situntion. This bill was north ffide of the Grand Canyon. prepared in the department and sent to us with a fa•orable Mr. I\lO~'DELL. The people came tbere :->racticaUy alto- recouilllendation by the Secretary of the Interior. gether as a colony and divided the land up a.'IJ1Jng tbemseh'e , Mr. MURDOCK. Has there been a similar bill in previous built the1r own reservoir a.nd. thelr ditC'hes~ and Irade their Congresses? land allotments? Mr. HA YDE~. No; this is tbe first attempt to pass legis- 1\Ir. HAYDEN. Yes. lation for the benefit of these settlers. Mr. MO~DELL. So the gentleman understands that there The SPEAKER pro te-mpore. Is thei'e objection to the re- wiTI be no one who will claim or demand full rights under the -quest of the gentleman from Arizona that the Senate bill be lnw of homestead settlement. substituted for the House bill? 12386 CONGRESSIONAL RECORD-HOUSE. JULY 20, There was no objection. On motion of Mr . .ADAMSON, a motion to reconsider the \ote The SPEAKER pro tempore. Is there objection to the con- by which the bill was passed was laid on the table. sidera tion of the Senate bill? There was no objection. BRIDGE ACROSS SABINE BITER, IN THE STATES OF LOUISIA~A AND The SPEAKER pro tempore. This bill is on the Union TEXAS. Calendar. The next business on the Calendar for Unanimous Consent Mr. HAYDEN. Mr. Speaker, I ask unanimous consent that was the bill (H. R. 16350) to authorize the construction of a the bill be considered in the House as in the Committee of the bridge across the Sabine River, in the States of Louisiana aml Whole House on the state of the Union. Texas, about 2 miles west of Hunter, La. The SPEAKER pro tempore. Is there objectjon? The Clerk read as follows : There was no objection. Be it enacted, etc., That the Frost-Johnson Lumber Co., a corpora tion, with domicile at Shreveport, La., be, and it is hereby, autllorized The SPEAKER pro tempore. The question is on the third to construct and maintain a bridge of a temporary nature acros the reading of the Senate bill. Sabine River, between Louisiana and Texas, at a point about 2 miles The bill was ordered to be read a third time, was read the west of Hunter, La., suitable to the interests of navigation, in accqrd ance with the provisions of the act entitled ".An act to regulate the third time, and passed. construction of bridges over navigable waters," approved Murch 23, On motion of Mr. HAYDEN, a motion to reconsider the vote by 1906. SEc. 2. That the right to alter, amend, or repeal this act is hereby which the bill was passed was laid on the table. expressly reserved. • .Mr. MAl\TN. Mr. Speaker, I ask unanimous consent that the The committee amendments were read, as follows: House bill (H. R. 15907) authorizing the survey and sale of cer Page 1, lines 3 and 4, strike out the words "a corporation, with tain lands in Coconino County, Ariz., to the occupants thereof be domicile at Shreveport, La.," and insert " when authorized by the State laid on the table. of Louisiana." The SPEAKER pro tempore. Without objection it will be Mr. ADAMSON. Mr. Speaker, there is a Senate bill identical so ordered. in terms, and I ask that it be considered in lieu of the House There was no objection. bill if there is no objection to such consideration. PUBLIC LANDS CLAIMED J;IY DESERTED WIVES. The SPEAKER. What is the number? Mr. ADAMSON. It is Calendar 261, Unanimous Consent Mr. RAKER. Mr. Spf'aker. I ask unanimous consent to re Calendar, and I ask that the House bill lie on the table. turn to the bill (ll. R. 16206) to provide for issuing of patents The SPEAKER. The gentleman from Georgia asks unani for public lands claimed under the homestead laws by deserted mous consent that Senate bill 5957 be considered in lieu of wh·es. The gentleman who objected a moment ago has gone the bill just read by the Clerk. Is there objection? · into the report and, I understand, has no objection to the bill .Mr. M:A.l~N. Mr. Speaker, reserving the right to object, I being considered now. notice an innovation in the report of the House bill which, ~1r. I!'EHRIS. Mr. Speaker, I hope that there will be no franldy speaking, does not appeal to me. objection to that request. The bill is full of merit and helps Mr. ADAMSON. I do not think that is in the Senate bill. out a whole lot. Mr. MANN. No; it is not in the Senate bill; but as it is in The SPEAKER pro tempore. The gentleman from Califor several other House bills, I desire to get some information now. nia asks un:mimous consent to return to the bill on the Unani I suppose that some time or other it happened in the ..absence mous Consent Calendar, H. R. 16296, Calendar No. 195. Is of a portion of the Members, and somebody was not feeling there objection? good that they inserted the language " when authorizetl by the Mr. MA.~..~N. Mr. Speaker, reserving the right to object, I State of Louisiana." shall not object to the request that the bill be reinstated on the Mr. ADAMSON. I will state, Mr. Speaker, that the matter calendar and that it keep its place; but after a bill has been has been the subject of conversation between the distinguished objected to in the House I do not think that later in the day gentleman from Illinois and myself, and that the committee we ought to return to it and pass the bill, because some gentle has had this idea in view, that we ought not to fritter away men who are interegted in it may have gone out. the time of the Congress and of the country in granting consent The SPEAKER pro tempore. The gentleman from Illinois without some assured basis of a business certainty; we ought objects. · to leave it to the States to do so; but on further reflection we Mr. RAKER. Mr. Speaker, he does not object. have concluded that that is really a matter of supererogation. Mr. MAN~. I will object, without wasting aiJ.y time, unless Mr. MANN. The States now have that authority? the gentleman consents to that modification. 1\Ir. ADAMSON. Yes; they have; of course we could not give 1\fr. RAKER. !'lr. Speaker, will the gentleman-- it to them, but we do not care to be granting consent to any Mr. MA1""N. Oh, the gentleman from California always unauthorized person; but on reflection we have concluded if hopes for something that ought not to be done. they are unauthorized they will not build the bridge, and that Mr. MOI\l)ELL. Will the gentleman modify his request? the worst that could happen would be the lapse of the consent, Mr. RAKER. I will modify my request to that extent. and they would have to start over again, so we are not insisting Mr. DO~OVAN. :Mr. Speaker, I demand the regular order. on that language in any of the bills. '.fhe SPEAKER. The gentleman from California asks unani- 1\Ir. MANN. I notice this bill is for a temporary bridge. mous consent that the bill H. R. 16296 be restored to the calen While it probably is not important, it leaves out the language dar and be passed over without prejudice. Is there objection? 41 and operate." There was no objection. Mr. ADAMSON. Well, it is only for the convenience tempo BBIDGE ACROSS ST. JOHN BIVER AT FOBT KENT, :ME. rarily of a lumber interest there to get rid of the output of the The business on the Calendar for Unanimous Consent was sawmill, which they can not do without crossing the river. the bill (H. R. 16579) to authorize the construction of a bridge Mr. MANN. I do not know that it is necessary for us to say across St. John River at Fort Kent, Me. we give permission to that company to operate a bridge, but that The Clerk read as follows: is the usual language. Mr. ADAMSON. If that word is not in the Senate bill, I ask Be it enacted, etc., That the consent of Congress is hereby given. to tbe construction maintenance, and operation by the State of Marne unanimous consent to insert it and the Domini~n of Canada jointly of a highway . brld.ge across the The SPEAKER. Is there objection to the request of the St John River between Fort Kent village, corporation m Fort Kent, gentleman from Georgia to consider Senate bill 5957 in lieu of Me tn tbe county of Aroostook and State of .Maine, and the parish of St. ··Francis, in tbe county of Madawaska and Province of New Brun~ the bill just reported by the Clerk? [After a pause.] The wick. Said bridge shall be constructed in accordance w~th the P.rovl Chair hears none. The Clerk will report the Senate bill. sions of nn act entitled ".An act to regulate the construc~on of bndges The Clerk read as follows: over navigable waters," approved March 23, 1906 : Prov1ded, That the construction of said bridge shall not be commenced until the consent of An act (S. 5957) to authori.ze the construction of a bridge across the tbe proper authorities of tbe Dominion of Canada for the erection and Sabine River, in the States of Louisiana and Texas, about 2 miles construction of the structure shall have been obtained. west of Hunter, La. SEC. 2. That the right to alter, amend, or repeal this act is hereby Be it enacted, etc., That the Frost-Johnson Lu-mber Co., a corpora expressly reserved. tion with domicile at Shreveport, La., be, and it is hereby, authorized to construct and maintain a bridge of a temporary natut'e across ~he The committee amendments were read, as follows: Sabine River between Louisiana and Texas, at a point about 2 m1les Page 1, line 5, strike out the word " highway " ; p~ge 1, line 6, .after west of Hunter La. suitable to the interests of navigation, in accord the word "river" insert the words "at a point sutiable to tbe mter ance with the 'provisions of the act entitled "An act to regulate the ests of navigation "; page 1, line 9, strike out the words " St. Francis, construction of bridges over navigable waters," approved Mat·cb 23, fn the " and insert the word " Clair, also commonly known · as the 1906. parish of St. Francis, in the." SEC. 2. That tbe right to alter, amend, or repeal this act is hereby The question was taken, and the amendments were agreed to. expressly reserved. The bill as amended was ordered to be engrossed and read a Mr. MANN. Now I suggest to the gentleman that in line third time, was read the third time, and passed, 5 we strike out the ~ord " and " before the word " maintain," 1914. CONGRESSIONAL RECORD-- HOUSE. 12387 and insert, after the word "maintain." the words " and Ol)er- Mr. MANN. I ba¥e not the pleasure of knowing him. ate." · Mr. DUPRE. He was associated with Eads in the consh·uc 1\lr. ADA!ISON. That is necessary, afte the bill? T , ? • • • • Mr. DUPRE. 1\fr. Speaker, I ask that this bill be passed 1\lr. ~1A.~N. Re~er¥mg the ri~t to ObJ~t, I would like ~0 without preJudice, in ¥iew of the statement made by the gentle ask wh.ut mform:ltion the committee .had m re~erence to thJs man from Illinois [.l!r. MANN]. bill, or if it had any, for the construction ~f a bndge across the The ~PEAKER Is there objection? [After a pause.] The· Missi sip-pi llh"er? While most bridge bills go throu~h as a Chair hears none: matter of course. when the department has reported that they will not obstruct na \"igation, th;]t has not been the prctctice con FORT BRIDGER MILITARY RESERVATION. cerning bridges across the Mississippi River. Here there is no The next business on the Cnlendnr for Unanimous Consent location fixed. wns the bill (H. R. 92) to extend the general lnnd lnws to the 1\lr. ADA.USON. The only limitation the department wanted :former Fort Brid~er l\lilitnry R2servation in Wyoming. to plnce on the location was abor-e instead of below the city, be- The bill was read, as follows: cause the uwgnitude of the ocean-going commerce was below the Be it enacted, etc., That the lands on the former Fort Brirl~er Mill· city, aml the time ·was extended expres ly on account of the tary Reservation in Wyoming are herPby mnde subject to appropriate n:agnitude of the propu iition. As to the particular loctll reasons, entry under the land laws of the United States. 1 yield to the gentleman from Louisiana [,¥r. DUPRE]. 1\lr. DUPHE. I would be glad to supply such information as The following -committee amendment was read: the gentleman from Illinois may want. At the end of the bill add the following proviso: "P1·ovided, That nothing in this act shall be held to provide any refundment of moneys Jt,lr. MANN. The gentleman will have to supply it in order to heretofore paid for lands in tbe said ret'lt-rvation or to relieve entrymen get unanimous cotl:sent. Here is a bill to gr;wt to two indi•id• from payments due or to become due on entries heretofore .made." uals, unknown, the right to build a bridge across the l\li sissippi The SPEAKER. Is there objection to the consideration of the llirer whi~b everybody knows can not be built by individuals, bill? but must be built by a corporation, if at all. Mr. MANN. Resernng the right to object, I would be very .:\[r. DUPRE. D:.>es not the gentlenum know Col. Corthell, one glad to have the gentleman from California [Mr. CHURCH}, of the gentlemen mentioned in this bill? - who made the report, explain this bill. 12388 CONGRESSIONAL RECORD-.HOUSE. JULY 20", Mr. CHURCH. I yield to the gentleman from Wyoming [Mr. · 1\Ir. MANN. G.enerally tllere is a large tract involved. MoNDELL], who is tile author of the bill, to answer questions Mr. 1\IO~'DELL. '.fhere are 200,000 acres here. concerning it. Mr. 1\l.ANN. This bill applies to only about 2,000 acres. .Mr. MONDELL. Does the gentleman from illinois [Mr. Mr. MO:NDELL. The bill applies to the entire reservation MANN] desire to have the report read? of 209,000 acres. .Mr. MANN. I have read the report, I will say to the gentle Mr. MANN. They may get that now by homestead entry. man, seYeral times. 1\fr. 1\IO~'DELL. Tiley can not make a desert entry or a Mr. MONDELL. It is complete, and covers the case very timber entry or a mineral entry, an,d they can not get it under fully. . the isolated-tract law. If there is any reason on earth why )fr. .MANN. I thought the report was fairly complete and these lands should remain in a restricted condition, then all the showed reasons why the bill ought not to pass. I did not know public domain ought to remain in the same way. There is no but the gentleman might have some other information which more reason why these lauds should remain in a re tricted con would lead me to change my mind. , dition than that all the other lands around tllem should remain .Mr . .M0~1DELL. I do not want to take up the time of the in that condition. It is simply following the ordinary rule of committee unnecessarily, but what particular point did .the gen allowing the genernl land laws eventually tv control. tleman refer to? If the gentleman would giYe me an idea of The SPEAKER. Is there objection? . the objections he has to the bill, I would discuss those instead Mr. 1\LL"l\.lN. I shall object, unless the gentleman wants to of discussing the general field of legislation. ask to have it passed over. I will say to the gentleman that old Fort Bridger is one of the 1\Ir. 1\IONDELL. Well, rather than have it objected to, I oldest forts in the Rocky Mountain country. As the gentleman will ask to have it passed over, Mr. Speaker. knows, it was established away back yonder in the. old overland The SPEAKER. The gentleman from Wyoming [.Mr. 1\IoN trail times, and the reservation included a large area of the DELL] asks unanimous consent to have the bill passed oYer ordinary greasewood and sagebrush land. There was a· small without prejudice. Is there objection? tract .around the post in a little valley that was of some little Th(~re was no objection. agricultural Yalue, and after the post had been abandoned for The SPEAKER. The Clerk will report the next bill. quite a number of years provision was made under which the larger area was opened to homestead settlement without pay RESTORATION OF HOMESTEAD BIGHTS IN CERTAIN OASES. ment under the ordinary terms, and a smaller area was opened The next busine_ss on the Calendar for Unanimous Con ent to homestead entry at the appraised price, which was $2.50 an was the bill (H. R. 15983) to restore homestead rights in cer acre, except this land upon which the post buildings were tain cases. located. The Clerk read the bill, as follows : It is 24 years since the larger tract was opened to homestead Be it enacted, etc., That any person who has heretofore made borne settlement, and 19 years since the smaller tract was opened. stead entry of lands embraced in a ceded Indian reservation. and wl10. in completion of the entry, has paid or shall have paid the purcha~e Since that time all but 2,000 acres of the 10,000-acre tract price fixed thereon as c0mpensation for the benefit of the Indians, have been entered. I think of the larger tract about 10.000 shall be entitled to the benf'fits of the homestead laws juo;; t as though acres have been entered in all, leaving about 3,000 acres. The such prior entry had not been made. if otherwise qualified: Pror;ide1l, That the right of commutation of entries under this 'act shall not be lands are ditrerently situated from the great extent of public permitted. land that lies around it, and all we propose to do is to put it in the same position relative to the public-land laws as the With a committee amendment, as follows: other lands are in. On page 1, lines 6 and 7, strike out the words " fixed thereon as compensation for. the benefit of the Indians " and insert " provided in Mr. MAl~N. As I tmderstand it, this land is now open to the law opening the land to settlement." homestead entry-the small tract of 2,000 acres or so which comes within the provisions of the railroad-grant act, where we The SPEAKER. Is there objection? are required to recejye $2.50. It is not worth very much. 1\Ir. MANN. Reserving the right to object-- Mr. .MO~'DELL. Of that 2,000 acres remaining, I saw the 1\fr. FERRIS. What particular phase of it does the gentle tract a couple of years ago. What is left is pretty rough, man object to? broken land, and rather rocky and gravelly. 1\Ir. MANN. All of it. There is nothing in it that I like. Mr. MANN. There would be no hardship, then, if the Gov Mr. FERRIS. Well, will the gentleman hear me a moment? ernment retained title for a little while in itself, because there Perhaps, then, the gentleman will feel different about it. is a lot of other land in Wyoming of equal value that has not 1\Ir. 1\IANN, The gentleman has a vast fund of information been taken up? on these subjects. ' Mr. MO~DELL. Except that there is no real good ·reason l\fr. FERRIS. I thank the gentleman for that compliment. why the Government should retain it. As a matter of fact, it I feel that I do have a little information on this particular is in the interest of development to have those lands added subject These are the lands ceded in one territory or another gradually to the surrounding farms. · That is the usual pro by the Indians for opening to settlement by the white people, cedure. In other words, the fact that 65 years ago there was and the opening is usually carried on by the General Govern at Fort Bridger a military post on the old overland trail is ment. The practice has in my State become universal and in no reason why the lands that happened to be left in that North and South Dakota and other States where they value by locality should be in any different status than the lands of the appraisement they sell the lands for a fixed price and the home same ·kind in the country all around. stead settlers pay all that the land is worth, and oftentimes Mr. 1\IA~N. Well, I do not see any necessity or reason for more than it is worth. the passage of this bill. Here is a very large amount of area Congress has usually loaded into the act that opened up which can now be taken. This is a small tract of a couple of such land to settlement a provision exacting of the purchn er thousand acres where, in order to get the land, they have to not only that he pay for the land, but that he homestead the pay $2.50 an acre. If one prefers to take the land outside they land as wen. I am afraid I will not be able to convert the can do it, and if they prefer to pay $2.50 an acre they can get gentleman if he does not hear me. this land. Mr. MANN. I have heard· every word the gentleman has 1\Ir. l\IONDELL. I merely call the gentleman's attention to said. the fact that the land outside can be taken only under the Mr. FERRIS. My bill merely gives to those homesteaders homestead law. The desert-land law does not apply. The iso who ha-Ye paid the price fixed in the law or the price fixed by lated-tract law does not apply. T·he mineral laws do not apply. competitive bid the right to take again. · Mr. l\IA~~. I suppose the mineral laws apply anywhere. Mr ..MAl.~. As I understand it the gentleman goes on the :.Ur. 1\IONDELL. In this case the mineral laws do not apply theory that a man who has had the advantage gh·en to him to this tract. If you were to find a mine on this tract, you of getting a choice piece of property on one of these Indian could not entE>r it under the mineral law. reservations opened up by the Qovernment may thereafter claim Let me make this suggestion to the gentleman: This legisla a homestead right in addition. tion is following the procedure we followed in practically 1\Ir. FERRIS. No; the gentleman does not get it quite rjght. every one of these caAes of disposing of a large area around an 1\fr. MANN. I may not include all of it, but to the extent to old military. reservation which was a large reservation in the which I go do I not state it correctly? first instance. We ordinarily open those to homestead settle 1\Ir. FERRIS. The O'entleman states some truth and some ment only-the unimportant parts and parts of no value-in misconception. Let me state the facts. In three or four order to give the homesteader U1e first chance. He has had the counties of my district the Kiowas and Comanches ceded under first chance for 24 years. Bnt generally within 6 or 8 years the treaty of l!JOO their entire resenation to the GoYernment. after the first opening we apply the general laud laws. In this Through Judge Witton the Land Office auctioned off the_lund. case we delayed in applying the usual land laws. Mr. MANN. A lottery, not a!l auction at all. 1914 . . CONGRESSIONAL ~ RECORD--- HOUSE. 12389 l\Ir. FERRIS. It was to the highest bidder. The land sold than the people who did not get the chance to get something. as nt an average price of $10.54 an acre for the e:q.tire 505,00> these people did? acres of land, some hig}J, dry, arid, mesquite land. That Is Mr. FERRIS. The answer to that is simply this: When between $1,600 and $2.000 a quarter section. Now, a man gets every opening of land comes there is a great boom, and many a quarter section of bald, naked, prairie land, without a stick come and go in. Nearly all the first settlers are forced out or of sto\e wood on it, without a fence post, a brickbat. or any go away. The lands are switched back and forth. Some nre thing on it. The homesteader goes upon that land, and he has disappointed and do not get any land at all, and some who do to get some Inmber and fence posts, he has to dig a well and not get the land are the more fortunate. build a cyclone cellar and a shanty, and live on the land and l\lr. MAJ\"'N. I know that some of the land they get is a plant a little sod crop, and· exist along for two or three years. liability instead of an asset, but people sometimes get exciteLl. - In many cases he can not make his payments, and he loses his .Mr. KENT. WHl the gentleman yield? land alt(}gether. In most other cases the moment he proves up Mr. HAYDEN. Yes. he puts a mortgage on the land for every cent he can get on it. Mr. KE:NT. I would like to state that it seems to me that Mr. .MANN. Those who lost out do not get anything out of these people are in the position of having bought private land. this bill. · Mr. MAJ.~. Oh, that is not so; it is public land. Mr. FERRIS. Oh, yes; they do. Those who mortgaged their Mr. KENT. They bought and paid for the land. land take the money and make the required payments, and they l\Ir. MANX The homesteader may commute his home tead hang along a year or two longer with the little frail equity entry and buy the land, but that does not make any difference. that they have, and then they have to sell out, leaving all behind Mr. KENT. I do not approve of this land game, anyway. them. These people are in the same position as though they bought My point is that where a man pays the full value of the land the land. · and the Indians get the money or the Government gets the Mr. MANN. Mr. Speaker, I object to the bill. money, as the ·case may be, and in addition that man has· im Mr. FERRIS. Mr. Speaker, I will ask the gentleman if he posed upon him the provisions of the homestead law, and he has will not consent to have the bill passed over without prejudice? complied with it and made his payments, I think that should not I ask unanimous consent that the bill be passed without preju exhaust his homestead rights. · · dice. Mr. 1\!A...~N. Let me ask the gentleman a question: How The SPEAKER. The gentleman from Oklahoma asks unani many people were at this opening · to which the gentleman mous consent that the bill be passed without prejudice. Is referred who made bids but did not receive any allotments of there objection? the land? There was no objection. Mr. FERRIS. Thousands of them. .Mr. i\.IANN. 1\fany times the numbei· of ·those who did receive EXPATRIATIO:N OF CITIZENS AND THEIR PROTECTION ABROAD . allotments? The next business on the Unanimous Consent Calendar was Mr. FERRIS. I think that is true. the bill (H. R. 1V91) to amend section 3 of an act entitled "An :Mr. l\IANN. And they thought the ones whq received the al act in reference to the expatriation of citizens and their pro lotments were receiving a grace from the Government. te~tion abroad," approved March 2, 1907. .Mr. FERRIS. They thought so. The Clerk read the bill, as follows : Mr. MANN. Let me ask the gentleman another question: At Be it enacted, etc., That section 3 of an act entitled "An act in refct· these Indian reservation openings, where they draw lots for ence to the expatriation of citizens and their protection abroad," ap- . first choice, and the man who gets first choice secures 160 acres, proved March 2, 1907, be amended so as to read as follows: " SEc. 3. Any American woman who mat·ries a foreigner and removes worth $20 or $30 an acre, when he pays for that land he may from the jurisdiction of the United States with intent to permanently mStke another homestead entry, may -he not? reside abroad, shall take the nationality of her husband. At the termi Mr. FERRIS. If lie has made his payments and complied nation of the marital -relation she may resume her American citizen ship, 11 abroad, by registering as an American citizen within one year with the homestead requirements. There are very few of them. with a consul of the United States, or by returning to t·eside in the Mr. MAI\'N. l\1any are called, but few are chosen. United States, or, if residing in the United States at the terminatio:1 Mr. E'ERRIS. Very true. of the marital relation, by continuing to reside therein." Mr. l\f.AJ.~.N. The ones who got the benefit of the Government The Clerk read the following committee amendment: gratuity to a large extent are the ones who want something Strike out the following language, on page 2, after the words " United more. Kow, thousands of people from our cities tried to get in States " : "or, if residing in the United States at the termination of the on these allotments, but failed. They are still working to help marital relation, by continuing to reside therein." support the Government, while those who got the land want The SPEAKER. Is there objection to the consideration of the another chance. . bill? · Mr. FERRIS. Let me call the attention of the gentleman to Mr. RAKER. Reserving the right to object, I will ask the the fact that on June 5, 1900, Congress passed an act restoring gentleman from Mississippi if he has any objection to this going homestead rights to the people who paid nothing for the land. over to the next meeting? On May 22, 1902. Congress pas ed another act restoring rights Mr. HARRISON. I would not like to lose the place on tho to those who had paid nothing for their land. On l\fay 17, 1906, calendar. Congress passed another act restoring homestead rights to those Mr. RAKER. I have no objection to its retaining its place on who had paid nothing for· the land. Now, in Dakota they paid the calendar. I just received yesterday morning the record and a fixed price of about $6 an acre for one class of land, $4 for transcript of some matters in relation to this legislatio:Q, and I another class, and $2.50 for another class. In Oklahoma we feel that it is my duty to go into it. I do not like to object at had only one class, and in some instances the amounts paid this time. ran up as high as $25 or $30 an acre. They bought it during l\fr. HARRISON. This matter has been up for three years, boom days, and many of them could not get their money back and the gentleman comes from one of the States most vitally to-day if they tried. The gentleman will recall that I have had interested in it. to come in almost on my hands and knees to get extensions at Mr. RAKER. Oh, not at all; the State of California does not one time and another. stand for the repeal or change of the law that has been on the Mr. MANN. The gentleman has never come on his hands and statute books since 1907. I would rather not go into the matter knee . He has always come in like a roaring lion and has car this morning. It coYers a case where an Englishman came to ried awny what he wanted. the country and married an American citizen. He has evidenced Mr. FERRIS. The gentleman does me too much honor. I no intention to become a citizen or to come tmder the laws of have come in in sackcloth and ashes, and the gentleman has the United States wltile be remains here; and that being the allowed me to have the necessary extensions, and there are a case, until I get some other information on the matter I believe few of them in store for us yet. it ought to be passed over. Mr. .l\IA.N"N. The gentleman has always gotten what · he Mr. HARRISO~. I want to say that the Foreign Affairs wanted. ' Committee thought that this bill ought to be passed because it would be in the interest of those States that were in such a Mr. FERRIS. . The House has always been most generous to condition as California with respect to women who vote and the~e people; but I think the men in my Strite nnd in l\'etiraska hold property. ancl in North and South Dakota, who have struggled along and Mr. RAKER. Oh, no. paid the p1ice for this land, ought to hn ve the right to bike Mr. HARRISON. I :;~m giving the gentleman what the itleas again; and I belie>e it is only common 'equity and justice tlia't of the committee are and the reason thu t they rel)orted the bill. tlley be allowed to do so. · · 1\fr. RAKER. Let me ask the gentleman, Upon your inyesti· 1\Ir. l\IA.NX I should like to ask the gentleman whether these gation how many cUd you find that were inYolYed in this people haYe any greater moral right to take homestead enh;ies condition? r 12390 CONGRESSIONAL RECORD-- ROU E. JULY 20, ·Mr. H.AlllliSON. w0 did not get any definite figuTe . but I 'but w1mt fmther time for consid€ration, and rul gentlemen think a l\lember from California came before the commHtee and should hwre no objection to thnt. said that there were thousands, and there were other people lr. HARRISO.. r. Mr. Speaker, will the gentleman yield? Mr. LOGUE (continuing). Than that which has heretofore Mr. .MOORE. And a good business proposition to the Gov been appropriated-the gentleman did not permit me to com ernment? plete the sentence-and in the view of the department it is Mr. LOGUE. Certainly. considered wise and proper tP.at the acquisition of the ad Mr. MOORE. l want to ask about Hanover. How far is that jacent piece of land should be had at this time. Several bills building toward completion? have been introduced covering this, one during the last session Mr. LOGUE. The building is now completed. of Congress. Mr. MOORE. My recollection is it was not finished last year. Mr. 1\IA.i"\'"N. Here was the situation. We made provision Mr. LOGUE. It is finished now. for a post-office building at this place-Hanover, Pa.-within a 1\lr. MOORE. Was there any trouble over the contract? certain limit of cost, and in the course of time we appropriated Mr. LOGUE. There was some trouble. the balance of that limit of cost, I suppose, a deficiency appro Mr. MOORE. Some delay as a result of it? priation of $10,000. And the people either there or elsewhere Mr. LOGUE. It is practically closed now. assume that it would be criminal to save any money. The Mr. MOORE. Was the delay in the completion on account of moment they have done that which we intended to have been the difference over the contract? done and they have a little money left there, they see that there Mr. LOGUE. Yes, sir. and they think they ought to have a right to have it. Now, lf Mr. MOORE. What is the population of Hanover? it is a meritorious proposition, let the gentleman bring in a Mr. BRODBECK. The town has an immediate population of bill to appropriate the money and it will be considered on its 7,081, but the town and suburbs have a population of about merits. The gentleman from Pennsylvania, who now has the 11,000. .This building was considered ample in size for the needs floor, seems to think, why, this is just taking money already of Hanover-that is, considered large enough for the present pur appropriated; it does not cost anything. poses, for which it was designed-but is without any special provi Mr. LOGUE. Oh, no; not at all. sion for the parcel post. The business has been increasing so much Mr. 1\IANN. When the fact is this is just exactly a new that it was deemed advisable at this point, while it was pri appropriation. marily understood by the citizens of our town before the bill Mr. LOGUE. The Treasury Department has called the atten was introduced for the last $10,000 to finish and complete the tion of the Committee on Public Buildings and Grounds to the building, that part of that amount was to be used to acquire the fact that the piece of ground adjacent to the present building additional land now in question. will more than likely be needed, that this is a new and unim 1\Ir. 1\!00RE. The present building occupies 88 by 104; that proved piece of ground, and that the present owner contemplates is a pretty fair site, is it not? making improvements upon it. l\fr. BRODBECK. I want to say to the gentleman from .Mr. MANN. If all that information is correct, and I do not Pennsylvania that the additional site to be acquired is 88 by deny or doubt it, it ought to have been included in the report 104. The present building occupies the corner of Abbottstown with a statement from the proper authorities giving the correct and Locust Streets, and this proposition takes in property along information. Locust Street. Mr. LOGUE. I admit, sir, that was an oversight; that this Mr. MOORE. I would like to say to the gentleman- letter should have been embodied; that it would have been self Mr. MANN. Regular order ! The SPEAKER. The gentleman from lllinois demands the speaking and self-convincing as to the need of the acquisition regular order. of this piece of land; but the department fears, sir, that with .Mr. MOORE. Do I understand the building is not yet com the improvements that it is said the owner contemplates to pleted? make that will put the value much higher than the present value. Mr. BRODBECK. The building has been completed and in use since last December. 1\lr. MANN. Now, this morning we had a case up of Thomas The SPEAKER. Is there objection? ville, Ga., where our distinguished f~iend from Georgia desired Mr. MANN. I object. the Government to buy a piece of land to make a park; but, 1\lr. LOGUE. Mr. Speaker, I would like to ask the gentleman finding that he could not get it through the House by unanimous from Illinois if there is any deficiency in the way of information consent, be changed it so as to permit the people there to buy at the present time whlch, if furnished, would cause him to the land and donate it to the Government. Well, here is a withdraw his objection? similar case, except we have not an offer from the people to Mr. MA1\TN. I think if you want to pass a bill of this h.ind buy the land. you should bring an appropriation for it instead of trying to Mr. LOGUE. We rather got in the habit of doing that in creep in on the theory that because there is an unexpended Philadelphia. We have donated 900 acres of land at the League balance it will not cost anything. Island Navy Yard, and we have-- The SPEAKER. Is there objection? 1\fr. 1\l.d.NN. Is that part of the land Philadelphia is trying Mr. 1\IANN. I have objected, Mr. Speaker. to get back? The SPEAKER. The gentleman from Illinois [Mr. ?!1ANN] Mr. LOGUE. No, sir; not get back-- objects, and the bill will be stricken from the calendar. Mr. MANN. There is land we own there which Philadelphia SECOND HOMESTEAD AND DESERT-LAND ENTRIES. is trying to get back? The next business on the Calendar for Unanimous Consent 1\lr. LOGUE. No; there is nothing to be got back. We ask was the bill ( S. 2068) to authorize the allowance of second for a leave for use that will greatly improve League Island homestead and desert-land entries. Yard. The bill, with the committee amendment, was read in full. 1\lr. 1\IA.li.TN. Philadelphia is trying to get the Government to The SPEAKER. Is there objection? give some land to the city for the purpose- Mr. MANN. Mr. Speaker, reserving the right to object- Mr. LOGUE. So that we can do certain dredging that the Mr. FERRIS. 1\lr. Speaker, I think perhaps the gentleman United States would have to do, and improve the navy yard in from Utah [Mr. JoHNSON] is better equipped to answer on this, the use we make of tlle land to be leased. as he reported it. · 1\!r . .MA..t.~. Then the gentleman is trying to get some land? Mr. MANN. This Is the same matter as was passed in the 1\lr. LOGUE. So that we can make improvements in the use House bill, which is now pending in the Senate on the Senate of the land, thereby saving the Government the expense of Calendar, favorably reported, and it seems to me it wonld be improving the land, and everything we undertake generally shorter to let the Senate act on the House bilf than it would to turns out to be an improvement. have the House insert an amendment to the Senate bill, and Mr. MANN. They have been trying to get land. I simplv probably send it to conference. As the matter is now before the was confining myself to the circumstances of the one case and Senate in a House bill which passed the House and was re the gentleman replied to me instancing another, where 'they ported favorably to the Senate on April 22 last, it undoubtedly have a right to do neither. will soon be up in the Senate and the Senate will probably Mr. MOORE. Will the gentleman yield? adopt the House bill, which is satisfactory. If the Senate fails Mr. LOGUE. Certainly. to amend the House bill, that gives the amendment we want Mr. MOORE. The L-eague Island proposition is a meritorious to go in a little better chance. Therefore, I shall object to one, is it not? this. Mr. LOGTJE. Oh, yes; there is no question about it. The SPEAKER. The gentleman from Illinois objects, and the Mr. MOORE. If the Government had authorized the use of bill will be stricken from the calendar. certain land it would increase the revenues of the Government, PUBLIC-LAND RESERVATIONS. would it not, through the increase of customs receipts? The next business on the Calendar for Unmiimous Consent Mr. LOGUE. No doubt of it, and save the expenditure of was the bill (S. 1214) to amend sections 2380 and 2381, Revised immense sums of money. Statutes of the United States. 12392 CO_NGRESSION AL RECORD-HOUSE. JULY 20, The bill was read. as follows: The SPEAKER. Is there objection? Be it enacted, etc., That sections 2380 and 2381 of tbe Revised Stat 1\lr. FOSTER. The gentleman from Wyoming [Mr. MoNDELL] utes of the United States be,. and the same are hereby, amended to read objected. as follows: BOAJID OF MANAOEBS .FOR SOLDIEBS HOMES. " SEC. 2380. The President ls authorized to re!':e1've from the publlc lands. whether surveyed or unsurvp_red. town sitPs on the shores of Mr. TAGGART. Mr. Speaker-- harbors, at the junction of river . important portages. or any n~tural The SPEAKER. For what purpose does the gentleman from or prospective center of population; also lnnd ~avin~ a par~Ic~lar value for villa sites. summer homes, hotels, sanltanum, nealth, I eCI ea- Kansas rise? tlon, or pleasure resorts. . Ur. TAGG.AI!.T. I ri e at this time to ask nnnnimous con " SEC. 2381. When. in the opinion of the Pre~ident, the public interests sent that the House take up and consider out of its order House require it. it shall be the duty of the Secretary of the l?terior to cause any of such resermtions or part thNPof to be surveypd IDto urban.• sub joint resolution 1·0. 2-n. ·prm·iding for tile election of four mem urban or villa lotR or tracts of suitable size for the purpo es mentiOned, bers of the Bo~1rd of Mannge!·s of the National :\Iilitary Homes. and to fix by appraispment of dlslnterestPd persons their cash \' n.lue, I would not ask this indulgenee of the Ilou e if it were not for and to offer the same for sale at public outcry to the hi.~hest bidder, and thence nfterwards the unsold lot to be held suhject to sale at pl'iv~te the fact that an emergency bas arisen in the affairs of the entry according to such regulations. as the Secretary. of the Int:r1or homes. But two m€'mbers of the active members of the board may prPsci·ibe: but no lots shall bP d1. posed of at publlc sale or pnvate of managers are now le;.rJlly qualified to net, and there could entrv for le::s than the appralFed value thereof, and all such sales sb~ll be conductl'd by thf> regi ter and rpceivPr of the. land office in t~e diS· not in any sem:e of the word· be a quorum of the board of trict in which the reRervations may be situatPd. m accordance Wlth the managers as erubled at this time. instructions of the Commissioner of the General Land Office." The SPEAKER 'fhe gentleman from Kansas Pir. TAG The SPEA.. KER Is there objection to the consider-ation of GART] asks unanimous consent to take up House joint resolu the bill? tion 241, for the appointn,ent of four members of the Board of Mr. MO~'DELL. Mr. Speaker, reserYing the right to object, :Managers of the National Home for Disabled Yolunteer Sol I do not know to what extent this bi11 changes existing law. I diers, House Calendar l\o. 105. out of its regulnr order on the should like to RSk the gentleman from Utah [~1r. JoHNSON] calendar. and ha •e it considered at tile pre. ent time. just what change from the present law the first provision of ~Ir. 1\IA~N. ~lr. Spe;lker, I would not be willing to inaugu the revised section contains. . rate the prn<:tice nnless there was 8ome very urgent renson for Mr. JOHNSON of Utah. I will say that there is Yery little it, anti in Yiew of the furt th;lt my colleague from Illinois [:.\lr. change, except that it is made applicable to certnin parcel~ of FosTER] has alrendy given notice that he would endeavor to lands. such as isl:mds situnted in the lakes and along the ri'\'er htrre a rule reported to tuke up this resolution, I am not will· banks and also abandoned lighthouses, as reported by the Sec ing to inau;:rurute the practice now. retacy of tbe Interior, to which the act sought to be amended The SPEAKEU. The gentleman from Illinois [1\lr. MANN] does not apply except in so far as such land may be entered by objects. scrip. The purpo e of this is to ennble the President to resen-e ~Ir. T.AGGART. Well, Mr. Spe ker, I ask that it retain its it for rea ons enumerated. Tbe Secretary of the Interior st11tes plncP on the calendar. numerous island:;, both sun-eyed and unsurveyed, in the Grent The SPEA.. KER. Of course it retains its place without any Lakes and in ri>ers and lands along the shore line of the ceremonies about it. UnHed. States which ha ,.e in time past ser'\'ed for lighthouses 1\Ir. '.r.AGUART. I understand the objection goes to taldng it and other public purposes. and from time to time such resena up out of its order ratiler than to its cont:iideration when it is tions are released by tile department ha>ing temporary juris reached'! diction o>er them nnd turned o>er to tbe department for dispo The SPEAKER. Of course. The Clerk will report the next sition. Many of the tracts embraced therein are of little or no one. value for agriculture, and there are no existing public laws EXCHANGE OF L.l.NDS IN FISHLAKE NATIONAL FOREST, UTAH. especially suited to their disposition. l\!r. l\IONDELL. Let me make this suggestion. Tile next busine s on the Cnlendar for Unanimous Consent Mr. JOH~SO.N of Utn.h. The purpose is to enable the Presi was the bill (S. 1087) authorizing the exchange of certain lands dent to put tbe. e lands in such a way that they may be acquired within the l!'ishlake National Fore. t, Utah. by prirate ownership. The Clerk read the bill. ns follows: 1\lr. 1\10~ 'DELL. I notice on page 2 of the report the Acting Be it e11actea, etc., That the Secretary of the Interior is hereby authorized to issne patent to the Salina Land & Grazi:~g Co .• a corpora Secretary sugge. ted the necessity for the let!l.slation is shown tion organized and existing under the laws of Utah. for the following by a matter which is pending in his department relative to described lands : Island No. 6. in Scammon Harbor. Lake H1uon, which was re Ea t half southwest quarter, southwe. t quarter southwest quarter, south half northwest quarter, northeast quarter northwest quarter, served for lighthouse purposes by Executi>e order. I am under north half northeast quart('r, southeast quarter northeast quarter, the impression there is a law under which the department north half southeast quartet·, soulht>ast quartet· southeast quarter, could appraise and sell that property. Abandoned lighthouse section 24 ; east talf norlhPast quarter, north half southwe .t qua1·ter, section 25 ; southeast qua1·ter northeast quarter. east half southeast property could, I think, be appraised and sold. Does the gentle quarter, section 35 ; and a strip 8 chains In width t>xtendlng ft·om the man know whether that comes under the same law that provides northwest corner of section 2. town hip 24 south. range 1 east, to the for military reser-rations? junction with the southeast quarter southeast qua1·ter of section a;;, township 23 outh. range 1 east. of the Salt Lake mel'idlan. Mr. JOHNSON of Utah. I think not. I am not aware of any Lots 1. 2. 3, and 4, section 19: southwest quarter northweRt quarter law by which thet:e irregular parcels of land. these abandoned section 20: nortbwe 't qua1·tel' southeast qua1·ter. no1·thwest qua1·ter lighthouses, or islands, or parts of the shores, could be dis northeast quarter. east half northwest qunrtl't', section 30. township 23 south. range 2 past, of the Salt Lake meridian. posed of. N{)rthwest qWJ.rter southwPst quarter section 1 : east half northwest Mr. MO!\"DELL. If that is true, there would seem to be quarter, northeast quartet' section 11 : we .,t half northwest quartet", no objection. It would probably be wise to provide legislation north half not·thea.st quarter. outhea:::t quarter no1·theast quarter, northeast quarte1 southeast quarter. northea t half northwest quarter·. for their disposal, but this act does a good deal more than that. southeast quarter. section 12: said northeast half being an area of It authorizes and therefore suggests and encourages the re erYa 20 acres made by drawing a linP from the northwest corner of 40 to tlon of lands for >illa sites. summer homes, hotels. sarutariums, the southeast corner of 40. township 2-! south. range 1 east. of the Salt Lake meridian. health, recreation, ~nd other resorts. The ?:entleman has bad Southeast quarter. south llalf southwest quartPr. section 5; northwest a good deal of experience with withdrawals in his country. qua1·ter northeast quarter, lot 2. southwe:t quarter. southwest quarter outheast quartPr, section 7: f:outhwe't quarter. eaRt half northwest Does he feel justified in adding all these purposes to those for quarter. northwest quarter northwest quarter. nortbea ·t quarter. .north which lands can now be withdrawn? half southea t quarti'r. southwest quarter southeast qu~r~er. ectton 8, Mr. JOH1 rsox of Utah. I will say this, so far as it applies township 24 south. range 2 east. of the Salt Lake mer;dwn. uoon tile transfer by the said Sallna Land & Grazing Co. to the United Statt>s to the character of land described in tilis bill: Generally I am of the northeast quarter north weRt qnar•er section 28: southeast not in fa>or of it, but as it applies to the chnrncter of land de quarter northeast quarter section :'5. township 2:2 outh. range 1 ea ·t. scribed in this bill, and which can not be acquired by any other Southeast quarter northeast quarter. east half southeast quurter, method except thnt of scrip purchase, I would say it would be southwe t quarter southeast quarter, section 31, town ·hip 22 :;outh, ran~e 2 east. . in the interest of economy. Southeast quarter. southeast quarter northeast quarter. SPction 11; Mr. MOXDELL. I admit that in the main it does not apply west half southwest quarter. southeast quarter outbwest quarter, much to the gentleman's State, ~md therefore it may be one section 12; northwest quarter northeast quarter. southeast quarter l!ortheast quarter. southwe •t quartl'r southeast quarte1·. not·thea~t reason why he does not seriously object to it. because he bas no qua1·ter south\ ·est quarter, section 13: north half northeast quarter, harbors. There are no large ri>ers or rh·er junctions in his southwest quartl'r nortbPaRt quarter. northeast quarter northwest State. Whether there are any natural or prospective centers of quar·tpr, east half southwN;t quarter. section 14; soutbea ,t quarter southeast quarter ectio:1 22 : east half west bill. outbwest quarter population on Inncts ha virrg value for villa sHes, summer hotels, southwest •]Uarter section 23, township 2-~ .·outb, range 1 east. and so forth, I do not know, but I am inclined to think, l\1r. t\ortheast quartet• northeast quarter section 0, township ~m south, range 2 east. Spenker, thnt the legislation is important enough that ·we ought Northwest quarter southwest quarter section 3; northwest quarter to IlaYe a little time for its discussion. Therefore I shall feel southwest qua.l'ter. southeast quarter southwest quarter1 southeast quar oblked to object. ter southeast quarter, section 11; east halt southwest quarter, south· 1914-. GONGRESSIONAL RECORD-HOUSE. 12393 west half sontheast quarter southea.st east quarter. seetion 12, the last pending final determination of the title therein by the SeCTetary of the 40 being divided by a line drawn from northwest corner to the south· Interior, or such other disposition o.f the same as may be authorized ea t corner, northwest quarter northen.st quarter, southeast quarter by law." northeast quarter, northwest quarter southwest quarter, southwest quarter southeast quarter, section 13; northwest quarter northeast With a committee amendment, as follows~ quarter, southeast quat·ter northeast quarter, northeast quarter north· TJ:tat an act entitled "An act to protect the locators in good faith we.st quarter, northeast quarter southwest quarter, section 14; south· of oil and gas lands who shall have effectro an actual discovery of oil west quarter northeast quarter, and lot 2, seetion 15; northeast quar- or gas on the public lands of the United States, or their successors in ter southeast quarter section 21 ; northwest quarter northwest quarter, Interest," approved March 2, 1911, be amended by adding thereto the southwest quarter northeast quarter, section 23 ; northwe t quarter following section : southwest quarter; southwest quarter northeast quarter. section 2-t; "SEC. 2. That where applications for patents have been or may northwest quarter northwest quarter section 25 ; north halt northeast hereafter be offered for any oil or gas land included in an order of with quarter section 26 ; township 24 south, r-ange 1 en.st. dl!lwal upon wbieh oil or ~as h~ s . heretofore been dic:;covered, or is Lot 3, south half northwest quarter section 4; northeast -quarter berng produeed, o1· upon which dnllmg operations are in actual prog northwest quarter, northea t quurtel' southwest quarter, seetion 9; ress at the date of the passage of this act. and oil or gas is thereafter northwest quartel' no1 thwest quarter, southwest quarter northeast discovered thereon, and where there has been no final determinat ion quarter, northeast quarte1· soutb('as:t quarter, southeast quarter south· by the Secretary of the Interior upon sueb applications f()r patent. west quarter, section 16; northwest quarter southeast quarter, north· said Secretary, in his discretion, may enter into agreements, under such ea~;t quarter northwest quarter, southwest quartE' r northwest quarter, conditions as he may prescribe with such applicants for patents in pos section 17; northeast quartel' northea 't quarter, northeast quarter se!'sion of such land or any portions thereof, relative to the rlisposi· northwest quarter, section 18, township 24 south, range 2 east. of the tion of the oil or gas produced therefrom or the proceeds thereof, pend· Salt Lake mm·idian, within the Fishlake National Forest: PrO'Vided, ing final determination of the title thereto by the Secretary of the That the Attorney General of the united States shall certify that a Interior, or such other disposition of the same a.s may be authorized by good and sufficient title to the reconveyed land will vest in tbe Gov. law." ernment: A.ncl pro1:icled, That tbe lands reeonvE"yed to the United States shall forthwith become a pat·t of the Fishlake National Forest. The SPEAKER. Is there objection? The SPEAKER. Is there objection? Mr. TALBOTT of 1\Iaryland. I reserve the right to object. . . There was no objection. Mr. Speaker. 1\lr. .M.Al\"'N. I will ask the gentleman if these descriptions The SPE.A.KER. The gentleman from Maryland [Mr. TAL have been properly verified? BOTT] reserves the right to objec-t. Mr. FERRIS. They were furnished by the department. I Mr. FERRIS. Mr. Speaker, this is a bilJ that affords tempo· assume they are verified. They correspond to the letters. rary relief for some oil producers in California, pending the Mr. MA...'I~ T. The letters do not say anything about it time when some suits now pending can finally be tried and set Mr. FERRIS. We sent down and a. memorandum was sent tled. · There· has in the past been some objection to this bill on up. Am I correct about that? the part of the Nary Department and some objection on the part We did not report one bill where they got a little the best of of the Department of Ju tice, so much so that the Department us in value. ol Justice brought in their representative. As the result of Mr. ~LU~N. I am not speaking of that. I am speaking of numerous conferences had between the Interior Department the verification of the descriptions. Usually the department. and the Navy Department and the Department of Justice they in making a report, gives the description in a letter, so that we have agreed upon an amendment among them, and it was this can verify it. morning submitted to our committee and gone over, as we l\1r. FERRIS. As I recall, this was done by a map, properly thought, with care. and each member of our committee agrees checked, showing the lands we receh·ed and the lands we ~'l ve. . to it. All three departments were represented-the Navy De· The SPEAKER. Is there objection? partment, tlle Interior Department, and the Department of There was no objection. Justice. The SPEAKER. This bill is on the Union Calendar. The substance is that the royalties that come from the oil .Mr. FERRIS. Mr. Speaker. I ask unanimous consent to con· that occurs on certain so.called naval re~erre lands are to be sider the bill in the House as in C<>m..mittee of the \Vhol~ set aside for the supervision of the Navy Department. the same The SPEAKER The gentlem~m from Oklahoma [Mr. FER· to go to the Navy DeP<'l.rtment for their administration and nrs] asks unanimous con ent to consider thls bill in the House adjudication. I have in my hand the amendment referred to, as in Committee of the Whole. Is there objection? which I would like to h, ve read for information, so that the There ·w-as no objection. House may know what the amendment is. The SPEAKER. T·he question is on the third reading of the The SPEAKER Without obj~ction, the Clerk will read it Senate bill. for information. The Senate bill was ordered to be read a third time was The Cle1·k read as follows: read the third time, and passed. ' P1·ot:ided, That when oil or gas is produced on lands within the areas set aside as naval petrolenm re rves the amount of oil or gas, On motion of Mr. ~"'ERRIS, a motion to reconsider the vote or the proceeds thereof, impound~, or the damage adjudged, accruing whereby the bill was passed was laid on the table. to the United States, in case the final determination of t he title should be adverse to the claimant or ap.plicant, shall be set aside for tbe fuel PROTECTING LOC.!.TORS OF OIL AND GAS LANDS. needs of the Navy, and it paid in money this money shall be deposited in the Treasnry to the credit of a fund known as naval petroleum fund, The next business on the Calendar for Unanimous Consent which fund shall be at the disposal of the Secretary of the Navy for use was the bill (S. 5673) to amend an act entitled "An act to in the devel<>pment of oil lands for the Navy, and for such otber pur· protect the locators ln good faith of oil and gas lands who shall poses connected with the supply of oil for the Navy as the Congress may from time to time direct: Prot>ide(L fttrther, That the Sec-retary of have effected an actual discO\ ery of oil or gas on the public the Navy shall submit annually to Congress a statement ef the receipts lands of the United States, or their successors in interest/' ap; under this act and also of the expenditures and the purposes for whlcb proved March 2, 1911. incurred. The title of the bill was read. .Mr. TALBOTT of Maryland. Mr. Chairman, I have a. letter The SPEAKER. Is there objeection? addressed to the chairman of the coiillltittee from the Secretary Mr. TALBOTT of Maryland. I reserve the right to object. of the .•:avy approTing this amendment, and for that renson I l\1r. FERRIS. l\1r. Speaker, I was going to ask uuanimous withdraw any objection I might bnYe. consent that the amendment be re!ld in lieu of the original bill 1\lr. MANN. I reserve the right to object, Mr. Speaker. This as a substitute. ' is worse than it was before. The Navy has just waked up on The SPEAKER. Without objection, the amendment will be this. I was the one who objected when the matter was up in the read for information. House before, before the Navy Department disco-rered that such .Mr. FERRIS. No, Mr. Speaker; the original bill was a bill was pending. Now, they want to get possession of the stricken out. I ask unanimous consent fuat the amendment be money, to spend it as they please, without an appropriation. read in lieu of the bill. Is that what this amendment is? l\lr. 1\!A!\~. I object. Mr. FERRIS. Partinlly so. The SPEAKER. The gentleman from Illinois [Mr. l\IA.~N] Mr. MANN. That is a very laudable purpose on their part. objects. The Clerk will read. I suppose they would like to have us appropriate $150,000,000 a The Clerk read the bill, as follows: year for the next few years without any further action, and let Be it enaotecl, etc., That an act entitled "An act to protect the lo them do what they please with it. cators in good faith of oil and gas lands who shall have effected an Mr. FERRIS. Does the gentleman miderstand that tills ap a,ctual disCi>very of oil or gas on the public la.nd of the United States plies those which are on a naval reserve? or their successors in interest," approved March 2, 1911 be amended by only to lands adding thereto the following section : ' Mr. .l\l.A.K~. I understand it applies to certain moneys. It "SEC. 2. That where applications for patents have been or may is immaterial to me what the amonnt is. hE;reafter be offered for :my oil or gas land included in an order of Withdrawal upon which oil or gas has been discovered, prior to such Mr. FERRIS. Let me explain to the gentleman the status of application for patent, and where there has been no 6naJ determination the land. There were 67,000 acres in two reserves, declared to by the Secertary of the Interior upon s.uro applications for patent, said be naval reserves by Executive order under the Pickett bill. Secretary, in his discrE"tion, may enter into agreements under sueh conditions as he may prescribe, with such applicants for patents in Approximately half of that land-to be exact, 30,800 acres-is possession of such land or any portions thereof relative to the dispo· patented to the Southern Pacific. There a.re 7.500 acres :}f the sition of the oil or gas produced therefrom or the proceeds thereof, other half claimed by certain claimants. ·There are unentered 12394 OONGRESSIONAL RECORD-HOUSE. JULY 20, and unclaimed lands to the amount of 29,650 acres, but there . Your committee was unanimously of the opinion that pendin~ a time when these titles could be definitely settled and pending a time are some locations on that area which have not been applied when those who deserve patents could get patents and those who should for, so that there are yet remaining approximately 21,000 acres be denied patent could be formally denied patent, such temporary on these nayaJ resenes that are not in litigation. Of course, working arrangements as proposed in H. R. 15460 was about the only method of solving ,the problem. this amendment does not affect that 1and, but the amendment The Secretary of the Interior Is a man of broad viewsi keen intellect, does provide that the royalty or revenue, or whatever we get and with peculiar and actual knowledge of the actua conditions as under these amicable temporary agreements, from those on the they exist, and it is the thou~ht of every member of the committee, after prolonged hearings and pamstaking attention, that this blll should disputed lands, on these particular reserves, shall go to the be passed at once for the purpo e of preserving what the Government Navy Department. bas and what the developers of oil deserve, and to prevent damage and I will present herewith a report on a companion House bill disaster from any source. The actual method of working is thought to be that the Secretary which quite well, I think, presents the situation in its true will retain a sufficient portion of the proceed::; of the oil to indemnify light. It is as follows: the Government in the event the title will finally be held to be adverse [House Report No. 519, Sixty-third Congress, second session.] to the claimants. so that untold hardships may not follow. Some ol the men developing oil in the California region have almost been driven LOCATORS OF OIL AND GAS 0~ THE PuBLIC DOMAIN. to bankruptcy. 'Telegraphic appeals and personal appeals have come .Mr. FERRIS, from the Committee on the Public Lands, submitted the from California sources urging some action on the part of Congress. following report, to accompany House bill 15469 : The bill, as will be observed, does not part with title to a foot of The Committee on the Public Lands, to whom was referred House. land or to any oil or gas of the United States, but merely authorizes bill 15469, by Mr. CHuRCH, amending nn act entitled "An act to protect a continuation of operations to prevent waste, decay, destruction by the locators in good faith of oil and gas lands who shall have effected water breaking in. and other disaster coming from the nonuse of oil an actual discovery of oil or gas on the public lands of the United machinery and oil development. The committee can not urge too States, or their successors in interest~ approved March 2, 1911, beg strongly the advisability of this temporary relief, and it at the earliest leave to report the same back to the ttouse with the recommendation possible moment. that the bill do paRs. The complaints have come chiefly from California and from a strip The bill was referred to the department and the department has of country about 125 miles long and from 2 to 5 miies wide on the reported on the same, and it is thought that tbe entire letter will be west side of the San Joaouin Vallev in California. of value in the consideration of the bill by the House. As was suggested by Secretary ·Lane in his letter, there Is pending 'I."he report thereon is as follows : In both branches of Congress, and in truth the bill before the House DEPARTME-XT OF THE INTERIOR, committee is well under way, legislation providing for a leasing sys Washington, AprfJ 10, 19M- tem of the oil and gas lands of tbe United States, so that hereafter Hon. SCOTT FERRIS, tangled titles relative to the procedure and acquirement may not be Chairman Committee on Public Lands, one of the troublesome tasks for the American Congress to deal with. House of Representatives. The affording of this temporar.v relief by the pns age of H. R. 15469 will in no manner interfere with the broad-gauged conservation policy l'IIY DEAR MR. FERRIS : I am in receipt of your request for report outlined in the leasing law soon to be reported and now pending before and recommendation upon H. R. 15469. a bill to amend the act of both the House and Senate committees. Congress approved March 2, 1911 (36 Stat., 1015). The amendment Respectfully submitted. proposed is the addition of a section which will authorize the Secretary of the Interior to enter into agreements, under such conditions as he Mr. MANN. This amendment provides, in substance, as I may prescribe, with parties who have presented or may present applica tions for patent for oil or gas land included in an order of withdmwal understand it, that as to certain of these lands any money re and upon which oil or gas has been discovered, is being produced, or ceived, instead of being paid into the Treasury as miscella upon which drilling operations shall be in actual progress at the date neous receipts, as nearly all money is which comes from the sale of the passage of the act. said agreements to relate to the disposition of the oil ot· gas produced from the lands, or the proceeds thereof, of the public domain, shall be turned over to the Secretary of pending the final determination by the Secretary of the Interior of the the Navy, to spend in such amounts as he pleases, at such validity of the offered applications for patents. times as be pleases, for such purpo es as he pleases-- The proposed legislation is peculiarly applicable to the California oU fields, where a large number of locations and applications are under Mr: FERRIS. No. investigation or involved in proceedin~s which challenge the validity of 1\fr. l\IANN. Let me finlsh my sentence-in the matter of the locations or the regularity of the applications presented. Many inYestigatlng in regard to oil lands. Now the gentleman can oil and gas wells are in actu:1l operation upon these and adjacent lands, and by reason of the investigations of the department and certain suits correct me. instituted by the United States to enjoin parties from removing oil :Mr. FERRIS. The gentleman states it too broadly. It goes from the lands, the operators are unable to dispose of the oil or gas into a fund called the ''Naval reserYe fund." under existing laws pending adjudication of their claims. This is dis advantageous not only to the operators, but to the United States, Mr . .MANN. Ob, no; that is not what it is called. because the failure to continuously operate the wells may result in the 1\Ir. TALBOTT of Maryland. Into an oil fund in the Navy diminution or desh·uction of the oil o·r gas values through introduction Department. of wate1· into the wells or by reason of the draining of the on and gas deposits from under the lands involved through wells sunk and in Mr. l\IAl\TN. A naval petroleum oil fund. operation upon adjacent patented lands. The situation is one which Mr. FERRIS. Why, is not that the same thing? demands immediate attention if the operators a.nd the nited States Mr. MANN. Not at all. The naval resene fund is one thing. are to be saved from large and irreparable loss, and I earnestly recom mend the enactment or the bill. At the same time I desire to point This goes into a special ftmd, which the SecretRry of the Navy out that this bill gives temporary relief only, in that it permits of will control-without any appropriation, without any require adjustments which wlll permit of the operation of oil and gas wells and take care of the proceeds pending the final adjudication of the ment that be come before Congress, without any control on our claims· by the department. 1t does not provide a method for disposing part over him at all, for such purposes as he pleases, at such of the lands or the deposits after final adjudication of the cases if the times a!! he pleases, practically. The Secretary of the Navy claims of the applicanta be finally denied. Relief for the latter situa tion may, however, be provid<'d later. may desire that, but I do not think Congress will ever give I understand the present bill to authorize the Secretary of the Interior it to him. to enter into agt·eement with the record claimant to all or any part of Mr. FERRIS. l\Iay I read what the amendment bas to say a location, provided such record claimant has presented or shall present an application for patent for all or any portion of the location involved. on that particular point? I further direct attention to the general bill providing for the leasing Mr. l\IANN. Certainly. of lands containing deposits of oil, gas, and certain other minerals now Mr. FERRIS. It says- pending before your committee, and to the similar measure, S. 4898, now pending before the United States Senate. rl'he latter measures, And for such other purposes connected with the supply of oil for the if enacted, will prevent the future occurrence of such conditions as Navy as the Congress may from time to time direct. now confront us, and the necessity for the temporary remedial legisla tion now und<'r consideration emphasizes the importance of the early Mr. l\IANN. And for such other purposes as Congress may enactment of the general leasing measure. from time to time direct; yes. Very truly, yours, .Mr. SELDOMRIDGE. There is no limitation at all on it? FaA::-.KLI:-. K. LANE. Mr. MAN:N. There is no limitation on it at all. Now, re A. careful reading of Secretary Lane's report discloses that some temporary relief fo1· these oil men engaged in oil production on the gardless of this naval amendment, I should like to a~k the gen public domain is an emergency. The legislation authorizes the Secre tleman a question in reference to the bill. The bill provides tary of the Interior to make working arrangements whereby the that proceeds coming from oil shall be practically divided be oil claimants may go on with the production of oil, and thereby preserve the rights of themselves and the united States until a suitable leasing tween the Goy-ernment and the claimants under certain terms? law can be pas ed covering the case. l\Ir. FERRIS. That is all. Certain irregularities with reference to some of the oil operators Mr. MANN. It says: have brought about a confusion of title. The institution of suits bas caused the pipe lines to refuse to accept the oil and buy the oil, there Pending final determination of the title thereto by the Secretary of ., being no market for the oil other than the pipe-line companies, and has the Interior, or such other disposition of the same as may be author brought stagnation in oil development. ized by law. As will be observed by the Secretary's letter and from facts brought Whnt other disposition of the same ca1~ there be, ~xcept the to the attention of the committee in a printed hearing had, show that lands held in private ownership, most of which came from original determination of the title to the land? land grants. of alternate sections make it possible for the lands held Mr. FERlliS Congress hns now on the calendar a bill which in private ownership to go on with the production, pumping, and proY"ides for the lensing on a royalty basis of all the oil and gas draining of the Government lands to an extent that is greatly to the disadvantage of the General Government as well as to the oil pros lands, which finally revert to the Government. The lands so pectors themselves. reverted would be operated under the laws then existing on the Twenty-five or thirty independent oil producers of California appeared subject. before the committee and presented hardships, disaster, and tronble which deserves the attention of Congress, and at the earliest possible Mr. 1\!AJ."'N. This language would not affect that. moment. 1\Ir. FERRIS. Why not? 1914., CONGRESSIONAL RECORD-HOUSE. 12395 - 1\Ir. U.L'-Irf. Because this says: of. the General Land Office came before us at the hearing and Pending final determination of the title. sa.Id they had not been able to do it, and they are favorable to If you determine the title and determine that the title is in this relief. the Government, then that very bill, if it is enacted, seizes the l\Ir. MANN. What position does the Department of Justice situation at once. take on. the bill? Mr. FERRIS. Certainly; and that is what is intended. Mr. FERRIS. They appeared before us Saturday morning 1\Ir. MANN. 'Ihis is not needed in there for that purpose. and this morning, and they are not opposed to it. The Interior 1\fr. LE?\"ROOT. There is still another bill on the calen The SPEAKER. The gentleman from Wyoming asks tmnn :Mr. LANGLEY. Mr. Spenker, the bill was inh·oduced by me imous consent to extend his remarks in the RECORD on the bill. at the request of Judge- II. H. Stallard, who is county judge of Is there objection? the county in which I li\e. He informs me that our fi cal court . There was no objection. has some understanding with the West \irginia authorities l\lr. MOXDELL. Mr. Speaker, I am yery much in fayor of regarding the matter. Jndge Stallard and hi as ociates are the passage of this legislation, and yet I wi h it were po<>sible progressi-ve, high-grade officials, and I accepted their word, with to haye it amended so as to make it a little clearer. .A.s the out inquiry or questio11, that this legislation was needed. matter now stands, it is not entirely clear just what cases 1\Ir. MOORE. It i a matter llint comes up from the county? are pro·.tded for; and further, it is not clear, but should be Mr. LA.XGLEY. Oh, yes; it originate , as I ju t statad, from made clear, whether it is lntended th3t all proceeds shall be the fiscal court of my county, which is acting in cooperation impounded and retained in case of an ad,erse decision, or with the West Virginia authorities. whether it is proposed to retain a reasonable sum as royalty Mr. l\100RE. Does the gentleman know anything about tlle in case of an adYerse decision. I would suggest the following as size of the Tug Fork of the Big Sandy River? a substitute for the bill: Mr. LANGLEY. Yes; I know all about it. H. is auite a SEC. 2. That where applications for patents under the. mining laws good-s1zed stream. The Go,ernmant has already e~-pended a applicable thereto have been. or may hereafter be, offered for lands good denl of money to"·nrd the cnna1iz:ltion of it. containing oil or gas, which land.s had, prior to the submission of such application, been included in an order of withdrawal, and where no .Mr. l\IOORE. Does the gentleman know anything about the final determination or decision bas been made by tbe Secretary of the structure and dimensions of the proposed bridge? Interior upon such applications for patent, said Secretary, in his dis Mr. LA...~GLEY. No; not in detail; but the gentieman may cretion, may enter into agreements, under such condi.tions as be may prescribe. with such applicants for patents in posRess1on of such land ba assured that it will be up to date, both in structure and or any portions thereof, relative to the disposition of the oil or gas materials. That is the way we are doing things down there. produced therefrom, or the proceeds thereof, and the impounding .of a .Mr. l\!OORE. I would like to know something more about reasonable portion of the proceeds, pending final determination of the title thereto by the Secretary of the Interior. The amounts impounded the Tug Fork. shall be retained as rovalties in cases in which the final decision shall l\1!". AD.Al\fSOX Mr. Speaker,- the conversation which the be adverse to the appi'icant for patent: Provider!, That the provisions gentleman from Kentucky [Mr. LANGLEY] and the gentleman of this act shall apply to those cases only where oil bas been dis· from Pennsylyania [l\1r. MooRE] are carrying on is not audible covered, is bein~ produced, or upon which drilling operations are in progress at the date of the passage of this act. to all of us. l\lr. LANGLEY. That is not my fault, ~Ir. Speaker. I am MESSAGE FROM THE SENATE. talking loud enough, I think. A message from the Senate, by Mr. Tulley, one of Hs clerks, Mr. MOORE. Then I will ask the gentleman from Georgia announced that the Senate had passed without amendment bill the question that I put to the gentleman from Kentucky. I of the following title, in which the concurrence of the House of want to know something more about the Tug Fork of the Big Representllti,es was request€'d: Sandy River nt or near Williamson, W. Va. H. R.15320. An act authorizing the Secretary of the Treasury Mr. AD.AMSON. Oh, I yield to the gentleman from Kentucky to disregard section 3S of the public-buildings act of March 4, to answer that question. [Laughter.] 1913, as to site at Owego, N. Y. Mr. LANGLEY. Mr. Speaker, I do not know just what The messnge also announced that the Senate hnd insisted upon else it is that the gentleman from Pennsylmnia wants to know its amendments to the bill (H. n. 17824) making appropriations about the Tug Fork of the Big Sandy. There is a great deal to supply deficiencies in appropriations for the fiscal year 1914 I could tell him about it. There are so many good things I and for prior years, and for other purposes, disngreed to by could tell him that it would take me all summer and it would the House of RepresentatiYes, had agreed to the conference asked interfere with the legislative program. by the House on the disagreeing votes of the two Houses Mr. MANN. He wants to know if there is any space left on thereon, and had appointed :Mr. lt!ARTIN of Virginia, .Mr. BRYAN, that river that bas not a bridge over it. and Mr. GALLINGER as the conferees on the part of the Senate. Mr. LA~GLEY. Mr. Speaker, I will say in answer to that The messnge also announced that the Senate had further in that we have already built some bridges across that fork. sisted upon its amendments to the bill (H. R. 17041) making ap 1\!illions of dollars are being expended in the Big Sandy Valley, propriations for sundry ci'il expenses of the Go,ernment for the of which the territory drnined by the Tug Fork is a part. It fiscal year ending June 30. 1915, and for other purposes, Nos. is one of the richest valleys in the world, and the finest coal 44, 45. 91, 92, 133, 145, and 146, disagreed to by the House of field in the world. New railroads are being built, and there are Representati-ves. hnd asked a further conference with the House extensiYe coal operations going on, and cities are springing up on the disngreeing Yote~ of the two Houses thereon. and had like mushrooms in the night. We will probably hnYe need for appointed Mr. MARTIN of Virginia, Mr. OvERMAN, and Mr. PER more bridges across that stream at different points. The Tug KINS as the conferees on the part of the Senate. Fork is tile boundary line between West Virginia and Ken The message also announced that the Sennte had passed the tucky at this point. following resolution, in which the concurrence of the House of Mr. 1\IOORE. The gentleman feels tilat the passage of this Representatives wns requested: bill will not impede na ,·iga tion on the Tug Fork? Senate concurrent resolution 2!>. Mr. LANGLEY. I do not think there is any question about Resolved by the Senate (the House of Representatives CotlC1trring), Th11t the committee of conference on the disagreeing votes of the two that, and in any e\ent there is a proYision in the bill itself Houses on the amendments of the Senate to the bill (H. R. 17824) mak that the bridge is to be constructed so as not to interfere with ing appropriations to supply deficiencies in appropriations for the fiscal the needs of na>igation. year Hl14 and for prior years. and for other purposes, be. and .the same 1s hereby, authorized to insert under the bead "Department of Justice, Mr. ADAMSON. :Mr. Speaker, I will say that my informa miscellaneous objects " the following items : "To pay to Frances Owen tion is that tile stream is too deep to ford at that point. Lurton, widow oi' Horace Harmon Lurton, late a justice of the Supreme Mr. L..<\NGLEY. Yes; and too wide for the gentleman from Court of the United States, $14,500." Georgia to swim. [Laughter.) BRIDGE ACROSS TUG FORK OF BIG SANDY RIVER. Mr. 1\IOOllE. The committee is satisfied thnt navigation will The next business on the Cnlendar for Unanimous Consent not be affected by the construction of this bridge? was the bill (H. R. 1i005) authorizing the fiscal court of Pike ¥r. AD.-\.1\!SO~. Oh, we ha,·e the authority of both the gen County. Ky., to construct a bridge across Tug Fork of the Big tleman from Kentucky [hlr. LANGLEY] and the War Depart Sandy Rh·er, at or near Willinmson, W. Va. ment to that effect. The Clerk read the bill, as follows: l\Ir. LA....'\'GLEY. There is no question about tllat, I can as Be it enacted, etc., That the consent of Con~ress is hereby granted sure the gentleman. for the fiscal court of Pike County, Ky., to construct, maintain, and The SPEAKER. Is there objection? [After a pnuse.] The operate a bridge across tre Tug Fork of the Big Sandy River, at a Chair hears none. Tile question is on the engros ment and point suitable to the interests of navigation. at or nenr the town of Williamson, In the county of Mingo, in the S~nte of West Virginia, In third rending of the bill. accordance with tee previsions of an act ent1tled ''An act to re~1late The bill was ordered to be engrossed and read a third time, the construction of bridges over navigable waters," approved March 23, was read tbe third time, and passed. 1906. SEC. 2. That the right to alter, amend, or repeal this act is hereby On motion of l\lr. An_\MSON, a motion to reconsider the •ote expressly reserved. by which the bill was passed was laid on the table. The SPEAKER. Is th2re objection? RESTORING TO THE PUBLIO DOMAIN CERTAIN LANDS .AT TilE HEAD 1\lr. l\IOOllE. i\fr. Speaker, reserving the right to object. I W .ATERS OF THE MISSISSIPPI. would like to inquire of the gentleman who is sponsor for this bill as to the nnture of it. The next business on the Calendar for Unanimous Consent l\!r. LA~GLEY rose. wns the bi11 ( S. 1784) restoring to the public domain certain Mr. ADA~ISO~. Mr. Speaker, I will yield to the gentleman lands heretofore reserved for reser,oir purposes at the head from Kentucky [Mr. LANGLEY], the author of the bill. waters of the Mississippi River and tributaries. .CONGR .ESSION AL RECOR.D-HOUSE. 12397 The Clerk read the bill, as follo,ws: Mr. MANN. I do not know about that. Be it enacted, etc., 'l'bat there is hereby restored to the public domain, 1\lr. Lil\"'DBERGH. There is no prohibition in the bill subject to the easement provided for in section two hereof, any and ::~gainst such entry, but the homestead laws probably could not all lands hitherto reserved by Executive order in connection with the construction maintenance, and operation of reservoirs at the bead be complied with on a homestead entry on land all of which waters of the Mississippi River and its tributaries the re.<~toration of was overflowed. which the Secretary of War bas recommended or may hereafter recom Mr. 1\IA.l\TN. Well, suppose, as a matter of fact, the Govern mend to the Secr('tary of the Interior. SEC. 2. That the lands hereby restored shall forever be and remain ment should hereafter determine to raise its dam, so as to ex subject to the right of the United States to overflow the same or any tend the area of the reservoir, and would overflow much of part thereof by such reservoirs as now exist or may hereafter be these lands a portion of which had been taken for homes. Does constntcted upon the headwaters of the Mississippi River, and all patents issued for the lands hereby restored shall expressly reserve to my friend from Minnesota think we could escape claims on tlle the United States such right of overflow. part of these people to pay them for the loss of their homes or SEC. 3. That the time when such restoration shall take effect as damage to their lands? to any of such lands shall be prescribed by the Secretary of the Interior, and in all cases where actual settlement bas been made on 1\Ir. LI~TDBERGH. I think so, because the bill expressly any of said lands prior to January 1, 1912, and improvements made the reserves that right to the Government. said settlers shall have a preferred and prior right to enter and file .Mr. 1\IANN. That does not ·make any difference. Why, we on said lands under the homestead law for the period of 90 days fol lowing the time fixed hereunder for the restoration of the lands. have a lot of claims here in the House, bills reported to the SEC. 4. That no rights of any kind, except as spe::ified in the fore House, where people without any authority of law had gone on going _section, shall attach by reason of settlement or squatting upon the land and made some improvements, and when they were any of the lands hereby restored to entry before the hour on which such lands shall be subject to homestead entry at the several land removed they wanted the Government to pay them for the lana. offices, and until said lands are opened for settlement no person shall 1\Ir. MILLER. Will my friend from Minnesota permit me to enter upon and occupy the same except in the cases mPntwned in the answer the gentleman? foregoing section, and any person violating thi~ provisio_n shall never be perm~tted to enter any of said lands or acqmre any title thereto. 1\fr. Lil\'DBERGH. Certainly. With the following committee amendments: Mr. MILLER. As a matter of fact, in the operation of reservoirs at the present time quite extensive areas are ovet· 1. In line 3, page 1, after the word " domain," insert the following words : " For entry under the h'bmestead laws, pursuant to the procla flowed. There has never been suggested a claim against the mation of the President." Government-- 2. On page 2, line 5, after the word " lands," insert the following 1\Ir. 1\IANN. They are public lands, are they not? words: "In the counties of Aitkin, St. Louis, Crow Wing. Cass, Huh bard, Itasca, Beltrami, and Koochiching, approximately 6,000 acres, Mr. .MILLER. Some are and some are not. and outside of the boundaries of the Minnesota National Forest Re Mr. 1\1A...i.~N. If there are any private lands-if the gentle serve." man can produce me any case in Minnesota or elsewhere where 3. On page 1, at the end of line 10, change the period to a semicolon and insert the following paragraph : the Government has overflowed private lands and there is no "Prot;ided, however, That this act shall not apply to lot· 2, in sec claim against the Government, why, I am going to reverse my tion 4, township 5-1 north, range 26 west, and the southeast quarter of whole theory of government as to claims. the northwest quarter of section 23, in township 55 ·north, range 26 west, said tracts described in this proviso being hereby reserved and Mr. MILLER. I can cite the gentleman to a great number of excluded from the lands subject to homestead entry." 'duch cases. 4. On page 2, Unes 9, 10, and 11, stl"ike out the following words : Mi'. MANN. Cite me one, first. "January 1, 1912, and improvements made" and insert in lieu thereof 1\Ir. 1\IILLER. I have not the description-- "the withdrawal thereof and where improvements have been made thereon." Mr. 1\IANN. Oh, there is no place where the Government takes or injures property that there is not a claim against the The SPEAKER. Is there objection? Government. Mr. MANN. Mr. Speaker, reserving the right to object, how Mr. MILLER. The language of this bill precludes any legal much land is co•ered in this? claim e•er being made against the Government. Mr. LINDBERGH. About 6,000 acres; but perhaps not more 1\lr. MANN. Any legal claim; oh, yes. than two-thirds of it would be entered, because the other third Mr. MOORE. Will the gentleman yield? would not afford ground enough for present cultivation. 1\Ir. LINDBERGH. Certainly. Mr.- .hlA!\TN. What is that land worth now? If it were not 1\Ir_ 1\IOORE. Suppose under this bill an entryman in goo{l subject to flowage rights, what would it be worth? faith makes improvements as provided for in the bill on these Mr. LINDBERGH. All the way from $5 to $10.an acre. It is lands and then the Government exercises its right to o•erflow mostly brush land, and would cost some labor and money to the land and carries away or damages the improvements, how clear. are we going to es~ape being met by at least a sympathetic 1\lr. 1\!Al\~. This is now reserved for flowage on account of claim on account of the loss in~urred? the reseiToir, as I understand it? Mr. LINDBERGH. 'I'bere might be a sympathy on the part 1\lr. LINDBERGH. Yes; it was withdrawn from the right of Congress to allow such a claim, but the people who are up of homestead entry on that account. there have made some entries after the witl:!drawals. All of 1\1r. hlA.J.~N. The purpose of this bill is to permit people to .them claim they are perfectly satisfied and glad to obtain home make homes upon the land subject to flowa_ge rights i'f the Gov stead rights upon this permission without any obligation what· ernment hereafter should desire to overflow any of the lands e•er upon the Government; but if these people should be d-am in connection with the reservoir? aged by the future acts of the Government, I should favor the Mr. LIXDBERGH. That is the purpose. Government paying reasonable damage notwithstanding. Mr. 1\l..:L'\N. As I understand from the letter from the depart Mr. MOORE. If the gentleman will allow me, this very ques ment to the chairman of the committee, the War Department tion was up in another form in the matter of irrigated lands. states thllt much of this land will never be o•erflowed and that These men in good faith say they can not comply with their it is doubtful whether any of it will be. contracts in 10 years; they say they are unable to do it, and it Mr. LHi'DllERGH. The letter the gentleman [1\Ir. 1\IANN] takes them more time. Here we would send a man into this refers to was one written to the chairman of the committee in land, who was going in good faith, and he makes im)1rove answer to a letter I had written. The letter states that much ments. Why should the Government in this case re erve to of it will never be o•erflowed, but I do not think that the letter itself the right to o•erflow these lands and later on assert its states that it is doubtful if any will be, because a part of it is right to overflow these lands and ~arry away his improvements, overflowed. as a matter of fact. carry away his crops, carry away his barn, carry away his Mr. MOORE_ The report states that. home? Now, that is rather an anomalous condition. I know and .Mr. MAKN. The gentleman states that part of these lands the gentleman knows that we are called upon here frequently, are now overflowed. What does he mean by tlra t? those of us who do not thoroughly understand these land 1\Ir. LI£\l)BEJRGH. This land was originally withdrawn claim matters, to relieve cases of distress arising from just without knowing which of the lands would be overflowed, and such a condition. there are some lands that are not o•erflowed at all. Later the l\lr. LINDBERGH. I wil1 say to the gentleman from Penn Government engineers determined by measurement which sylvania- at the present time these reservoirs or these dams exist would and which would not be overflowed. and they overflow the land as much as it is possible to be o-rer · 1\lr. 1\IANN. Yes. flowed. As a matter of fact, the water is higher now there than 1\lr. LINDBERGH. Some of the lands are partly overflowed it has been since 1865, according to statements of reliable old and some of them are wholly overflowed. settJers. 'l'he dams are already constructed. There ne•er will Mr. l\IAl"XN. Does this bill endea•or to permit homestead be :my addition to these particular dams now constructed, at entries on lands that are wholly overflowed? lEl.ast I do not belie'\"e there will be, because they are now over Mr. LI~DBERGH. It would not be practical at all to do flowing all the land that they can overflow, according to the that. report of settlers up there. LI-781 '· ' ·12398 CONGRESSIONAL RECORD-HOUSE. JULY 20~ Mr. MOORE. In section 2 of the bill you provide that «the Mr. FERRIS. Mr. Speaker, I ask unanimous consent to con lands hereby restored shall forever be and remain subject to sider it in the House as in the Committee of the Whole. the rights of the United States to overflow the same or any part The SPEAKER. The gentleman ft'Orn Oklahoma asks unani thereof," and so forth. mous consent to consider it in the House as in the Committee of Mr. LINDBERGH. That is n·ue. the Whole. Is there objection? l\Ir. MOORE. Now the tenant Is permitted to haTe access to 'I'here was no objection. those lands. I am trying to get at the aftermath ot it-the 1\fr. LINDBERGH. I have three short amemlments, Mt-. tenant goes in, the land is arable, it is good land. He proceeds Speaker, that I would like to offer verbally, and then I will to c11ltivate the land. The Go.-ernment exercises the right to send the others up to the desk. o-v-erflow and o-veTfJows the land. The same question arises The SPEAKER. The question is on agreeing to the committee nlong the lower li sissippL amendments. Without objection, the committee amendments .Mr. LII\"DBEHGH. The gentleman speaks of the people com will be agreed to. plaining, really they have n{) legal right to complain at all. Mr. MILLER. There is objection to the first committee The patent under section 2 will so provide, still I think as a amendment. matter of equity that if the Go-rernment should o-rerfiow to a The SPEAKER. The Clerk will report the first committee greater extent than was reasonably contemplated it would be no amendment. more tllan just to the settlers to adju t the exce s damage. The e The Clerk read as follows: land.-; if allo~-ed to remain continually in the present condition Page 1, 11ne 3, after the wurd " domain," insert the following: wonld b-e an injury to that locality, and as these reservoirs are .. For entry under the homestead laws, pursuant to proclamation of for the general public the particular locality that stands the the President." burden of the floods should be given all the ad\antage in return l\Ir. MILLER. Mr. Speaker, I would like to call the attention thnt is possible with con. istency. of my colleague from 1\iinne ota [Mr. LINDBERGH] to the lan Mr. MILLER. If a homesteader who tukes a part of the Gov guage. This reads: "Pursuant to proclamation of the Presi ernment domain wherein the Government reserves a mineral dent." Unquestionably it contemplates opening the lands to right sells that to John Jones, and subsequently a gold mine settlement, and therefore the President by proclamation shall should be found upon it, I do not think anybody would seri open them to entry, so that parties desiring can make applica ously contend that John Jones would have any standing here tion and make homestead entry thereon. That is one of the or any other place as to a share in that gold mine. amendments. The original language in the bill, as contained in 1\!r. MANN. If the gentleman from Pennsylvania will per section 3, is ns follows : mtt, I think the gentleman from Minnesota is mistaken in what That the time when such restoration .shall take effect as to any of this bill does. It only refers to those lands which the War snch land shall be pt·escribed by the Secretary of the Interior. Department or the Sect·etary of War may recommend shall be It was contemplated by that language that an order from restored to the public domain, and the Secretary of War or the the Secretary of the Interior would restore these lands to the Asffistant Secretary of War, speaking for the Chief of Engi public dDmain-by that act would make them subject to home· neers, I suppose, states : stead entry by application. Now apparently there is a conflict in these two sections. The experience of many years and the results of more accurate sur veys showed that a considerable number of tracts so withdFawn would l\Ir. RAKER. In regard to that matter, the committee were only be partially floodl:'d, while others would probably not be overtluwed \ery clear and unanimous as to putting this amendmi:!nt in the at all in the consti'Uction and operation of the reser·voirs already built bill, that this land should not be open for rush, but it should or projected, and that as to these tracts the right of flowage was all that the Government nePded. Accordingly, a list of the lands. which be open under the proclamation of the President under the tbe department consl-de1'ed were no longer required for reservoir pur bill passed some time since by the Congress. poses, was prepared. and under date of March 23, l!H 1, this list was Mr. l\IILLER. I do not think there is any question but that transmitted to the DepartmPnt of the Interior with the Information that tracts embraced therein might be restored to entry and disposed of. pro may be a very satisfactory way in which to proceed. vidl'd flowage rights were l'etained by the Untted States. Mr. RAKER. The· amendment has not been disposed of. To effect the re toratlon of these lands to the public domain and enable the Secreta1·y of the Interior to dispose of them under thP exi t Mr. MILLER. I think it ought to be considered in the line ing homestead laws with the easement of fiQwage reset"Ved. lt>gislation of the subsequent language, so that the committee could saY. by Congri'SS Is necessary, and that i.s the purpose of the accompanying which it wanted to retain. bill, s. 1784. 1\fr. RAKER. Unless it is voted down I think this amendment Referring to this bill. So, while under this, the Go-vernment ought to be changed. re erved the flownge right, still it is not anticipated that that Mr. 1\IILLER. What difference does it make whether it is resenation amounts to anything at all except upon certain lands the order of the Secretary of the Interior or the order of the which are pnrtinlly overflowed; that is, 160 acres, part of which President of the United States. In any e-rent there would be might be low and overflowed. no opportunity fJr the grand rush mentioned. Mr. MOORE. That letter does not appear in the report. l\Ir. l\I.A.Nl'l. There is plainly a conflict here. Mr. MANN. Thnt is a letter under date of July 3, 1914.. Mr. RAKER. The gentleman does not mean to offer amtnd.. Mr. MOORE. The report on page 6 stntes: ments _and change the clear intent of the bill? It has been made to appear that a considerable part o1 these lands Mr. MILLER. Oh, no. are not now and probably never will be overflowed. 1\lr. RAKER. There is not any idea of taking a.way tile I do not w:mt to object to the bill, but I think it is important thought to issue a preliminary proclamation? to draw attention to this matter, so that the people who may go Mr. MILLER. Oh, no. upon the lands may have notice and be warned, because it Mr. MANX The gentleman from Minnesota called attention would be embarrassing if a man had planted crops and had to the fact that in section 1 you pro-vide that restoration shall them growing-- be the proclamation by the President, and in section 3 you Hr. lli.:\'X. The gentleman .from Pennsylvania can be cer pronde it shall be by order of the Secretary of the Interior. tain that if the people go on there and occupy this land, and Mr. FERRI1. Thn t undoubtedly ought to be changed. the Go.-ernment hereafter raises the dam so as to o-rerfiow Mr. l\IANN. Which do you want? more land, we will pny it, and I think we ought to pay it. Mr. FERRIS. What is the precise amendment the gentle.. fr. .MOORE. We have paid it in other cases. I would like man offers? to nsk the gentleman from Minne ota before he takes his seat 1\lr. MANN. He did not offer an amendment. It is a com· why lot 2, in ection 4, in township 54 north, range 26 west, mittee amendment. and so forth, p:1ge 2, lines 5, 6, and 7, is excepted? Mr. FERRIS. The rule is uniform that the Pre ident issues Mr. LI~DBERGH. The reason for that exception is it is the proclamatiolt. generally supposed that those lands contain iron ore, and they Mr. MILLER. I move to amend by striking out the words were excepted because it was thought wise to except them on "pursuant to the proclamation of the Pre ident"; and I will tllat account. say frankly r ·t I do not ca:·e whetter be makes the proclama .l\fr. t.L<\...... '1\'N. That is an erroneous description, is it not? tion or the Secretarv of the Interior makes it. It seems to me Mr. ~INDBERGH. Yes; and I will ask to have it amended. it should be De Secretary of the Interior, nnd I will sa:y that Mr. 1\IOORE. Is that under CTOvernment control? that is the langu'lge heretofore used in a bllJ of this kind. As Mr. LI~'DBERGH. Under the same arrangement that these a matter of fact, I drew this myself originally, and that was otber lands are under at this time. the language adopted and was satisfactory to the department. Mr. MOORE. And not subject to homestead entry? Mr. FERRIS. Does the gentleman think the language in Mr. LIXDBERGH. Not now subject to homestead entry, and section 3 Is quite broad enough to inaugurate the usual.rules this excepts them from this act. and regulations to cany on an orderly opening? The SPEAKER. Is there objection? [After a pause.] The Mr. MILLER. I certain1y do. The Secretary of the InteriOl= Chair hears none. This bill is on the Union Calendar• . has got to move before anybody can do a thing. 1914. CONGRESSIONAL RECORD-HOUSE. 12399· Mr. RAKER. I want to call the gentleman's attention to this mination of the Public Lands Committee that these lands shall fact. namely, that there is no conflict between the. e two sections. not be thrown open except under the proclamation of the Presi Mr. MILLER. There is a plain conflict. dent, which means that under the act passed by this House Mr. RAKER. The first is a proclamation by the President there will be no more rush for these lands that are reserved. that the land shall be thrown open for settlement. 'Ibey hould be opened in an orderly manner. All that the first 1\lr. MILLER. When? provision does is to provide that these lands shall be opened in Mr. RAKER When he proclaims it and this bill pa ses. The an orderly manner. and the third provision fiXes the time upon provision in section 3- which the parties can go on the homesteads and have their 1\lr. 1\!.ANN. He can not make a proclamation throwing this rights. land open to the public domain without saying when it shall l\lr. AIANK. Mr. Chairman, will the gentleman yield? be thrown open. .Mr. RAKER. I do. Mr. RAKER. Surely not. ~Ir. MANX It being a mall matter at most, why would it Mr . .MANN. And section 3 says that the Secretary of the not save any question by providing that the proclamation in the Interior shall fix the time for the restoration of the land. first place be made by the Secretary of the Interior and not bv l\1r. RAKER. No; that the time when such restoration shall the President? We think there is a conflict as it stands now. take place as to any such land shall be prescribed by the Sec We do not care how it is disposed of. Why would not that retary of the Interior. co\er it? .Mr. 1\lAl~. Yes. Mr. RAKER. I ha\e no objection. 1\lr. RAKER. That is clearly in consonance with the bill l\fr. MILLER. I move, Mr. Speaker, to amend the amend passed, that after it has been thrown open by the President the ment voted by the committee by striking out the word •· Presi Secretary of the Interior shall have rules and regulations pre dent," in line 5, and inserting in lieu thereof the words "Secre scribed in his department, which is always done, and that fixe..; tary of the Interior." the disposition of the land. The SPEAKER. The Clerk will report the amendment. l\Ir . .MANN. The President can not make a proclamation re The Clerk reafi as follows: storing this land to the public domain without saying when. Page 1, line 5, strike out the word " President " and insert " the That fixes the time. Then you say that the Secretary of the Secretary of the Interior." Interior shall fix the time. I presume they will both fix the same time, and to that extent there might be no conflict. Mr. GARRETT of Tennessee. Mr. Speaker, will the gentle l\1r. FERRIS. Mr. Speaker, if there is a conflict-and it man yield to me for a question on that? rather seems to me that there is-it ought to be changed. I Mr. ~!ANN. Certainly. doubt if the amendment of the gentleman from Minnesota [l\1r. Mr. GARRETT of Tennessee. I do not know anything about MILLE&] should be adopted, because when section 3 is referred the e public-land matters, but has it not always been the custom to, and it is asserted that sec,tion 3 is in conflict with section 1, for the President to issue those proclamations. Has that ever it only fixes the time for the opening. I have had some expe been delegated to a Cabinet officer before? rience in these openings, and it is necessary to go further than Mr. MANN. It has been the ct~stom in large openings to have merely fixing the time. It is necessary to go so far as to pre the proclamation made by the President, but we frequently per scribe when and bow and under what conditions the lands are mit the Secretary of the Interior to dispose of certain smaller to be filed upon. Otherwise you would ha\e horse races and bodies of the public domain. gun fights and other irregularities that this Congress would l\Ir. GARRETT of Tennes ee. This does pro\ide for a procla not stand for. mation? l\lr. MILLER. I do not care whether the proclamati-on is Mr. LI~-ruBERGH. This was proposed to be opened to home made by the Secretary of the Interior or the President. I will stead entry and then was withdrawn. ask unanimous consent to withdraw my amendment. Mr. GARRETT of Tennessee. It just occurred to me that Mr. FERRIS. I am not contending that that should be done, possibly it ought to be done by the President as a legal propo- except that I say that section 3, standing alone, is not quite sition. ' Mr. MANN. It is not necessary. Ordinarily the proprieties suffi~ient. You observe that it says this, "That the time when such restoration shall take effect as to any of such land shall would require that the proclamation be made by the Pre ident; be prescribed by the Secretary of the Interior." Now, under but, after all, it is a small matter. I doubt whether it is de that the Secretary of the Interior would say, on the 1st of Sep sirable to have the President annoyed with it. tember, for instance, or the 1st of October, these lands shall be Mr. TAYLOR of Colorado. Are not all these proclamations opened. Then what follows? Then the provisions of the gen issued by the President? If we are going to have a little bit of eral homestead law apply, and the rush would begin. a monument, the President issues a proclamation. Mr. MILLER And he will also say what terms and condi- Mr. MANN. What kind of a monument? tions shall prevail. Mr. TAYLOR of Colorado. A national monument for setting l\lr. FERRIS. Where is that? aside a piece of land, 640 acres. For such a thing the Pre ident 1\Ir. MILLER. That is to be supplied. issues a proclamation . ... Mr. li,ERRIS. I am perfectly willing that that should be Ml'. l\l.ANN. What kind of a monument? done. Mr. TAYLOR of Colorado. A national monument, for the set Mr. MILLER. If the chairman of the Committee on Public ting aside of a piece of Government land or anything-- Lands thinks that the words "pursuant to the proclamation of Mr. MANN. Oh, yes. the President" are sufficient, we can strike out section 3. l\lr. TAYLOR of Colorado. Even if it is only 640 acres, the Mr. FERRIS. Of course the gentleman and I know that put President issues a proclamation. ting it in the hands of the President of the United States means Mr. MANN. If there is any withdrawal, it has to be done by that the Secretary of the Interior shall fix up the program the President under the general law. Nobody objects to this and the President shaH merely issue the proclamation. Of being done by the President. course that is the usual procedure. If your amendment is Mr. TAYLOR of Colorado. Why not let it go then? adopted, then we ought to add in section 3 that the time and Mr. MAl'-t'N. The onlv difficulty 'is that in one case it is pro such further conditions and stipulations shall be fixed as the nded thn t the President shall do it, and in the other case' the Secretary of the Interior may prescribe. · Secretary of the Interior. Mr. 1\lANN. Is that done where there is a little, minor l\Ir. TAYLOR of Colorado. Let us make it the President in opening? · both cases. Mr. l!'ERRIS. I think not, but it is best to proceed orderly. Mr. .MANN. I do not care. Mr. MANN. Here is a small amount of property. Probablv Mr. FERRIS. I think we can come at this easily. The first two-thirds of it has squatters on it already. Why not leave it proposition comes from the gentleman from l\Iinnesota [.Mr. to the Secretary of the Interior? In either case he cloes the l\IILLER] that there is a conflict. The next thing is that the work. The President can not be expected to do it. gentleman's amendment would have the Secretary of the In Mr. FERRIS. I have agreed to that, but does not the gentle terior issue the proclamation. I do not think you want to do man thin){ that in section 3 he ought to have authority to make that. I think if, on page 1, in lines 4 and 5, you strike out the the conditions? words "pursuant to proclamation of the President" and insert Mr. l\lANN. Yes. in lieu thereof " under such rules and regulations as the Secre Mr. FERRIS. I think the amendment can be fixed up. tary of the Interior may prescribe," that will let him work .Mr. RAKER. l\lr. Speaker, let me say it is futile 1f you it out. _a.I'e going to spend the time of the committee going over mat Mr. MILLER. That is satisfactory. ters and considering these questions, and they are not brought Mr. RAKER. That does not comport with the usual method • up until after the unanimous consent is given. It is the deter- of handling the public lands. In the case of all reserves the 12400 CONGRESSIONAL RECORD-HOUSE. JULY 20, President of the United States must make a proclamation open bard, and Koochiching, because there are no lands in those ing the land. counties. Mr. FERRIS. There is no ~eneral lnw on the subject. l\lr. MA.~N. And you want to strike out the word "and " Mr. MILLER. There is nothing in the law that provides that. before Koochicbing and insert the \Yorrt "nnd" nfter " ItaRCn." Mr. l\LL ·x Congress is tb~ authority that proddes that. The SPEAKER. The CleTk will report the amendment to the 1\fr. MILLER. EYery week or two we pass some sort of nn amendmE>nt. act telling the Secretary of the Interior how he shall dispose The Clerk read as follows: of certain lands. Strike .outt in lines 6, i, and 8, the words "St. Louis. llubbara, and l\lr. MANX There was a bill here this afternoon prortding Koorhlcbmg ' and insert the word "and" after the word "Itasca." for disposing of certain lands, and the President had nothing The SPEAKER. The question is on the amendment to the to do with it. amendment. 1\fr. RAKER. I want to call the attention of the committee to 'l'he nruendment to the amendment wns agreed to. this, on page 1, lines 3, 4, and 5: The aruenrtment as amended was agreed to. For entry under the homestead laws, pursuant to proclamation of the The SPEAKER. The Clerk will report the next amendment. President. The Clerk reau as foltows: Now. when the President withdraws any land that bas been Page 21 line 5, after the word "Interior," fm:ert the followin~: reserYed or when an~· hmd is re~ened. except by act of Con "l'ro1•tded, llou:erer, That this act shall not ~pply to lot 2. In !lectlon gress, the Pre ident mnkes the proclamation. This hill pro\'ldes 4 ln township 5-t north, nm~~ :!6 west, and t ht> soutbt>ast quarter of the northwest qmutt>r of st>rtion 33 In township ii:i north, 1·an"'e 26 that the President shall by proclamation declare the lnnd open. west, Mid t1·ncts descrHwd in this provi"o bein~ bet·eby reserved and It then do\etails into the bill that the Hou e pas..--ed some time excluded from the lands subject to homestead entry." since. The only question ns to the date of opening is referred Mr. LIXDBERGH. Mr. Speaker, ns to that amendment. there to in section 3, Which S<-lYS that the time when such reRtoration is an error in line 8, wllere the word "northwast" should be shall take effect as to nny of such land shall be prescribed by ''southwest." Therefore I offer an amendment to strike out the Secretary of the Interior. Now. after it is thrown open "north\Yest" and in ert in lieu thereof the word "southwest." and declared to be public land under the rnles and regulations The SPEAKER The Clerk will report the alllendment. provided by that blll, the time when the parties can enter is Th(' Cl?.rk read as follows: fixed by the Secretary of the Interior. Amend the amendment in line 8 by striking out the wo"t"d " north l\lr. 1\IJLLER. Will the gentleman from California yield at west " and inserting tlle wo•·d " southwest." that point? Mr. RAKER. In one minute I will yield. Then· if there The SPEAKER. The question is on the amendment to the should be any question as to thtlt, by striking out the words .. by amendment. the Secretary of the Interior" and inserting the words "in the The amendment to the amendment was agreed to. President's proclamation" It covers both phases of the case, The amendment as amended wa.s agreed to. . and would thE>n reau as follows: The SPEAKER. The Clerk will report the next mnendme~t. That the time when such restoration shall take effect as to any such The Clerk read as follows : lands shall be prescribed in the President's proclamation. In line 22, page 2, strike oot the words "January 1, 1012, and im PI'6\'CmPnts made," and in ert the following: " the withdrawal thereof Now, you are co\ering the subject both ways from the begin and where improvements have been made thereon." ning of the bill. I yield now to the gentlemnn from :Minnesota. l\lr. 1\fr. MILLER. Section 2 as now drawn and section 3 as to l\1r. LIXDBERGH. Speaker. as to that amendment, it the part we have been discussing are copied exactly from a has been discovered that it was made under an error. I offer law now in force governing other lands that were withdrawn as an amendmeut the following: this In line 23, strike out the word " twelve" and insert the word " four nt the same time for the same purpose. In other words, teen." language is the language of a law. That law operated, anrt evidently this law would opl•rate. Now, it seems to me inad l\Ir. FERRIS. That is stricken out by the committee. vi&'lble in a small matter of this kind that the President of Mr. l\lANN. It has not been stricken out by the House. The the United States should go to the necessity of issuing a prue gentleman wants to amend the text of the bill so as to make it lamation. It seems to rue vastly wore ad,·isable that the Secre read .. January 1, 1914," and then vote down the colllllJittee tHy of the Interior shall simply restore the lands under such amendment. rules and re~ulations as he may prescribe relative to their bein:: Mr. R.AKER. 1\fr. Speaker, there can be no misunderstanding opened to homestead entry. And would it not be reaching the about the matter. This language is stricken ont by the com whole situation satisfactorily if in that first amendment, as mittee so as to leav-e the lands st<.tnding as they were when the suggested by the gentleman from Oklahoma, after the wot·d withdrawal was made. There are 21 partie, who ha\e rnaue " pursuant." in line 4, we add •• to rules and regulations to oe application in good faith, and they ought to have consid prescribed by the Secretary of the Interior "? eration. That being thE> fact, I do not feel as though the mere Then you will have the land opened under the homestead law fact that they settled there after re,·erses ought to lleprive them under rules and regulations to be specified by the Secretary of of their rights, and, therefore, I am going to support the amend the Interior. That is the same provision as is contained in ment. section 3, which will fix the time. Have not you then got all The SPEAKER. The Clerk will report the amendment of the machinery necessary? fered by the gentleman from Minnesota. 1\fr. R..lKER. I do not want to be captious, and I would have The Clerk read as follows: no objection to tba t. amend, line 23, page 2, by striking out the word " twelve •• in the l\lr. MILLER. Then, Mr. Speaker, I ask unanimous consent original text of the bill and inserting the word "fourteen." to withdraw my amendment and offer as a substitute the fol The SPEAKER. Without objection, the amendment will Je lowing. agreed to. The SPEAKER. The gentleman from Minnesota asks unani There was no objection. mous consent to withdraw his amendment. Is there objection? Mr. l\l.tL."\;:N. '.rhe question now arises, 1\Ir. S-peaker, on the There was no objection. committee amendment, to strike it all out, and that they want 1\fr. MILLER. I offer as an amendment. after the word "to " to vote down. in line 4, sh·ike ont the words "proclamation of the President'" 'Ibe SPEAKER. The question is on agreeing to the commit· as <:ontained· in the committee nmendment, and in lieu there~f tea amendment. substitute "such rules and regulations as the Secretary of the The committee amendment was rejected. Interior may prescribe." Mr. MOORE. Mr. S11e-Jker, has the bill been read? The SPEAKER. The question is on the amendment to the The SPEAKER. It lli1s. amendment. Mr . .MOORE. I want to offer an amendment to paragraph 2. The amendment to the amendment was agreed to~ l\Ir"". MA.J.,N, Now i'S the proper time to offer that amend- The amendment as amended was agreed to. ment. The SPEAKER. The Clerk will report the next committee 1\lr. MOORE. I offer the fo11owing amendment, which I send amendment. to the desk 3nd fiSk to hnve read. The Clerk read as follows: The Clerk read as follows: In line 6, page 1, after the word "lands," Insert the following: " f.n Page 2. line 18, aftt>r tne word " overflow," strike out the period, the counties of Aitkin. St. Louis, Crow Wing Cass Hubbard Itasca substitute a comma. and insert the following: " and shall further pro Beltrami, and Koochiching, approximately 6,000 acres and outside of vide that all lmpro~emt>nts made apon tile land by entrymen shall be the boundaries of the Minnesota National Forest Resei·ve." ~ubj.ect to any damages thnt may result from such ovel·ilow.'• Mr. LINDBERGH. Mr. Speaker,. as to that amendment, I The SPFJ.\ KER. The question is on agreeing to the amend · h to modify it by striking out the counties of St. Louis, Hub- ment. ( 1914. CONGPJJSSIONAL RECORD-HOUSE. 1240f 1\lr. MILLER. Mr. Speaker, does the gentleman desire to be destrored, our buildings ba"e been inundated {)r carried away beard in suppo-rt of the amendment? If not, I should like to by the water that the Government poured in upon us, and we be heard in oppositl{)n to it. n~k relief from the GoYet·nment "? Wh The experience cf many years and the results of more accu_rate sur S. J. Res.157. Joint resolution requesting the President of vevs !'!bowed that a considerable number of the tracts so Withdrawn would only be partially fiooded while others would probably not .be the United States to invite foreign Governments to participate overflowed at all in tlie construction and operation of th.e reservoirs in the International Congress on Education. already built or projected, and that as to these trac~s the rigJ?.t of flow n~e was all that the Government needed. Accordmgly a hst. of the CEDING A CERTAIN PARCEL OF LAND TO FULTON COUNTY, GA. lands which this department considered were no longer reqmred f~r rt'servoir purpo es was pr·epared, and under date of M!lrch 23, 19111 this The next business on the Calendar for Unanimous Consent list was transmitted to the Department of the InteriOr with tbe mfn of these lands to the public domam and The Clerk read as follows: enable the Secretrrry of the Interior to dispose of them under th9 ex~st Be enacted, etc. in"' homestead law witll the easement of flowage reserved, leg1slat~on it That the United States do cede unto the county by"' Congress is necessary, and that is the purpose of the accompanymg of Fulton, State of Qeorgia, a certain parcel of land on the northeast bill s. 1784. corner of the property of the United States at Atlanta, Ga., Fulton The interests committed to the charge of the War Department are County, upon which is located the United States Penitentiary, said strip believed to be fully protected by the provisions of the bill, and I am of land containing 1,754.04 square feet, projecting into and along what aware of no objections to its passage by Congress. . . is known as Forrest Road 151.55 feet. Attention is, howe>er, invited to an apparent error ~. t~c ~escrtption The committee amendment was read, as follows: in line 8, page 2, of the uil1-t~e word "northwest 1t 1s thought should be changed to " southwest. Page 2, after the word "feet," insert the following: Yery respectfully, " P1·o'dded, That titJe to the said parcel of land shall revert to the HEXRY BRECKIXRIDGE, United States when it shall have ceased to be used for road purposes." Assistant Secrctm·y of Wa1·. The SPEAKER. Is there objection? ::\lr. RAKER. Mr. Speaker, I ask unanimous consent that I Mr . .MA~N. Mr. Speaker, reserving the right to object, who mny extend my remarks in the RECORD upon the question of has charge of this bill? woman's suffrage, and to include in that a statement from the 1\fr. PARK. I have, sir. Hon. William J. Bryan, Secretary of State. . .Mr. llAJ."\TN. Does the gentleman know whether this descrip The SPEAKER. The gentleman from California asks unaru tion of the land in the bill is correct? mous consent to extend his remarks in the RECORD on the sub Mr. PARK. No, sir; I have only 1\Ir. How ABo's word for it. ject of woman's suffrage and to print a statement by William J. He was before the committee. Bryan. Is there objection? 1\Ir. M.A ..~.~N . The Attorney General did not seem to be will l\Ir. MOORE. Mr. Speaker-- . ing to take any chances on it. l\lr. DONOVAN. l\Ir. Speaker, reserving the rlght to obJect, Mr. PARK. The Attorney General is willing to do it if it I ·am going to ask the gentleman to put o!f his request until th\! goes back to the United States when it ceases to be used for gentlemnn from Alabama [Mr. HEFLIN] IS present. In the ab the purpose for which the bill provides. I understand it is a ence of the gentleman from Alabama-- rather sharp angle there, and there is a cutting down of the land 1\Ir. RAKER. I hope my Democratic colleague will not object to a level with the road and automobiles passing haYe some difficulty passing on a 26-foot roadway and they wish to ex to a statement by Mr. Bryan. tend it 18 feet 5 inches. :Mr. DO~OV A...~. Mr. Speaker, I shall object unless the gen tleman is willing to wait until Congressman HEFLIN is present. Mr. MANN. I have no objection to the bill and the purpose [Laughter.] of it, but it seems to me we ought to have some one at some The SPEAKER. The gentleman from Connecticut objects. time to verify the description in the bill where you have a legal The gentleman f1·om Alabama is not here. description of the property. The Attorney General says, in respect to this bill ceding a certain strip of land in ]'ulton MESSAGE FROM THE SENATE. County, Ga. : A message from the Senate, by Mr. Carr; one of its clerks, Permit me to say that the files of the department show that the county of Fulton made application to the department as early as June, announced that the Senate had passed the following resolution, 1912, to have ceded to it a small stlip of ground belonging to the in whkh the concurrence of the House of Representatives wa8 penitentiary reservation- 1·equested: And so forth. I do not know whether this is right or not, ; Senate concurrent resolution 28. and he does not lmow either. Re3ol1:cd by the Senate (the HotUie of Representati·ves concun·ing)1 That the statue of George Washington Glick, presented by the State o~ Mr. PARK. He has desc1ibed it as 18 feet and 5 inches wide Kansas to be placed in Statuary Hall, Is accepted in the name of the at the broad end and narrowing down to a point, being a ti1- United States, and that the thanks of Con"'ress be tendered th~ .state angle. for the contribution of the statue of one of Its most eminent Citizens, illustrious for his distinguished civic services. 1\lr. MANN. Well, I guess I will have to talm chances on it. Second. That a copy of the e resolutions, suitably engt·ossed and But the collliillttee ought never to report a bill without verifying duly authenticated, be transmitted to the governor of the State of whether the description of it is correct or not. Kansas. The SPEAKER. Is there objection? [After a pause.] The The message also announced that the Senate had passed with Chair hears none. This biU is on the Union Calendar. amendments a bill of the following title, in which the concur Mr. PARK. l\lr. Speaker, I ask unanimous consent that it be rence of the House of Representatiyes was requested: considered in the House as in the Committee of the Whole. H. R.17824. An act making appropriations to supply defi The SPEAKER. Is there objection? [After a pause.] The ciencies in appropriations for the fiscal year 1914 and for prior Chair hears none. The Clerk will report the amendment. years, and for other purposes. The Clerk rend as follows: The message also announced that the President of the United Page 2, after th~ word "fc~t." in line 11, insert the following: States had appro\ed and signed bills and joint resolutions of the UJ•rovided, That title to the said parcel of land shall re'l"ert to the following titles: United States when it shall have ceased to be used for road purposes." On July 13. 1914: The SPEAKER. The question is on agreeing to the amend S. J. Res. 105. Joint resolution authorizing the President to ment. accept an invitation to participate in the Sixth International The amendment was agreed to. Dental Congress. The bill as amended wns ordered to be engrossed and read a On July 14, 1914: third time, was read a third time, and passed. S. 3488. An act for the relief of Ernest C. Stahl. On motion of Mr. PARK, a motion to reconsider the \Ote by On July 17, 1914: which the bill was passed was laid on the table. S. 60. An act to provide for agricultural entry of lands with TITLE TO CERTAIN LA..~S, STATE OF MISSISSIPPI. drawn, classified, or reported as containing phosphate, nitrate, The next business in order on the Calendar for Unanimous potash, oil, gas, or asphaltic minerals; Consent was the bill ( S. 785) to relinquish, release, and quit S. 388. An act for the relief of Ella 0. Richardson; claim all right, title, and interest of the United Stutes of Amer S. 2903 . .An act for the relief of Judd 1\IcKelvey; ica in and to certain lands in the State of Missis ippi. S. 3817. An act authorizing the issuance of a patent to James Gunning for lot 2, section 32, township 20 north, range 39 east, The bill was read, as follows : l\Iontana; Be it enacted, etc., That the United States of America hereby for·cver relinquishes, releases. and quitclaims all right, titl.e, and lntN·est in and S. 4441.' An act to extend the provisions of the act of June 23, to tbe northwest quarter of section 36, township H 11;orth, range 5 1910 ( 36 Stats. L., p. 592), authorizing assignment of reclama east Choctaw meridian, situated in tbe State of Mississippi, now. held tion homestend enh·ies. and of the act of August 9, 1912 (37 und~r claim or color of title by individual or pt·ivate ownet·shtp or municipal ownership, which was reserved, retained, or set apart for Stats. L., p. 265), authorizing the issuance of patents on recla James Gipson under and by vll·tue of the treaty entered Into between mation homestead entries, to lands in the Flathead irrigation the United States of America and the Choctaw Nation of Indians on project, Montana; the 27th day of September, A. D. 1830: Pt·ovi SEC. 2. Tbat tb State of Missis year. sippi, including the- laws of prescription. in the absence of said interest, "Forty-tl1ree principal examiners, af a salary of $2,700 a year each. title, and estate of the said United States. "Eighty-six first as~istant examiners, at a salary of $2,400 a ye!U! each. The SPEAKER. rs there objection to tlie consideration of the " Eighty-six second assistant examinerS", at a salary of $2,100 a year bill? [After a pause.] The Chair hears none. This bill is on ea.ch. . "Eighty-six third assistant examin~s, at a salary of $1,800 a yea~ tlle Union Calendar. each. Mr. SISSON. ..Ir. Speaker, I ask unanimous consent fuat " Eighty-six fonrtfi assistant examiners, at a salary of $1,500 a year each. this bill be considered in the Bouse as in the Committee of the "One librarian, at a salary of $2,000 a year. Whole. "Tluee skilled draftsmen, at a salary of $1.200 a year each. The SPEAKER. Is there objection? [After a pause.} The "Four draftsmen. at a sahtry of $1.000 a year each. Chair bears none. "One messenger and property clerk, at a salary of 1,000 a year." The question is on the third reading of the Senate bilL The SPEAKER. 'l'bere is a typographical error in the last The bill was ordered to a third reading.. was read a third line of the· bilL There ought to be· a dollar mark before "1,000;" timer and passed. or the word "'dollars" should follow. On motion of Mr. SissoN, a motion to reconsider the vote by Mr. M.A~"N. We have not reach€d that stnge yet. Mr. Speaker. which the bill was passed was laid on the table. The SPEAKER. I know we b:we not, but I thought I would suggest it while I was thinking ot it. I-s there objection to the REORGANIZATION IN THE p-ATENT OFFICE. considern tion of the bi11? The next business in order on the Ca·lendnr for Uru1nimous Mr. 1\1~~ .... 1• Reser,1ing the right to object, Mr. Speaker, when Consent wns the btl! (H. R. 16-180} amending sections 476, 471, I first went o>er this bill it struck me rather favorably, but, and 440 of the Revised Statutes of the United States. as 1 gather from it now, it will not make any change of any The. bill was read, as follows:: extent if it is passed.. BfJ it enactccl, etc., That. section 476 of the Revisecr. Statutes be, 8lld .Mr. OLDFIELD. It does not make much change, except thnt tbe same is hereby amended by inserting in Une. 2. thereof. before the tt eq_uali:zes the force in the examining department in the Patent words "one assistant commissioner;• the words "one first assistant commissioner," and before t he words '"examiners fn chief" cha.nge the Office. , word " three " to " fi-ve,". so that the section as amended shall read as Mr. M.L""{N.. How does it equafize it? follows: Mr. OLDFIELD. Well, it makes the same- number in the " SEc. 476. There shall be in tbe Patent Office a Comm1ss~on_er of Patents one first ass.i tant commissioner. one assistant cnmnnss10ner, various gra-des, Nos. I, 2. 3. and 4, and as a result it renlly in and five examiners in chief, wbo shall be appointed by the Pres_ident, cre;~ses the number of employees in the Patent Office from 334 by and with the advice and con ent of the Senate. The fit·st ass1st:mt to- 344 in tlul t depn rtment. commissioner and the assistant commissioner shall hereafter perform such duties pertaining to the office of commissioner as may be assigned 1\Ir. 1\IA:KN. That is only an increase of ten. rt adds three to them, respectively. from time· to time by the- CODllll;issioner of I->nt law examiners; it adds two examiners in chief; but what it ents. All otber officers, ~fr. ~LtNN. How mtJ.ny are _there -now? - by himself and two~redible witnesses· that... at least. one-sixteenth o! the m·ea embraced in such entry was continuously cultivated for agricul Mr. OLDFIELD. There are 1JO fourth as i tant examiners. tural crops other than native grasses, beginning with the second year' l\fr. l\lANN. There are now 63 first assistant examiners at of the entry, and that at least one-ei~hth of the area embraced in the $2.400 each, and 73 second assistants at $2.100 each, and 88 entry was so continuously cnltivated beginning with the third year of the entry : Provided, That any qualified person who has heretofore made, third assistant~ at $1.800 each. and 110 fourth assistants at or who hereafter makes, add1tional entry under the provisions of sec· $1.500 each. I doubt whether there is any occasion to pass this tlon 3 of this act to an entry upon -which final proof bas not been legislation. But I think these men are overworked and under made, may be allowed to perfect title to his orl!tinal entry by showing compliance with the provisions of section 22!)1 of the Revised Statutes, pajd, so filr ns thnt is concerned. respecting such original entry, and thereafter in making proof upon bfs l\lr. OLDFIELD. Then why not equalize the number? I · additional entry shall be credited ·witb residence maintained upon his think the Commissioner of Patents is right about it, and the original entry from date of such original entry, but the cultivation re quired upon entries made under this act must be shown respecting such previous Commissioner of Patents also was in favor of this additional entry, which cultivation, while it may be made upon either legislation, but it was never presented. We did not report it. the original or additional entry or upon both entrie , must be cultiva The inventors of the country are demanding more thorough tion in addition to tl,at r<>lif'd upon and used in making proof upon the original entry; or, if be elects, his original and additional entries may searches, and they are entitled to it. The inventors of the be considered as one, with full credrt 'for · resitlence upon and improve country pay the expense of running the Patent Office, and the ment made upon his orip;inal entry, in which event tbe amount of culti Patent Office this year will ha\e a surplus of something like vation herein required shall apply to the total area of the combined entry, and proof may be made upon such combined entry whenever it $200.000. This bill eventually will only increase the salaries can be shown that the cultivation required by this section bas been per by $61.000 or $62.000 a year, and anything that we can do that formed; and to this end the time within which proof mu t be made will make the searches more thorough and make the patents upon such a combinc·d entry is hereby extended to seven years from tbe date of the ori~inal entry: Provided further, That where an entry is i sued to inventors more valuable and more certain ought to made as additional to an entry upon which final proofs bas heretofore be done, in my opinion; that is, if it is within reason. been submitted by an entryman who still owns and occupif'S the land tbns entered, the entryman in making proof upon his additional entry Mr. 1\IA.NN. I fully agree with the gentleman in all that shall be credited with residence maintained upon his original entry general language, but the question here is whether we ought to from date thereof, but the cultivation required upon entries made under increase a large number of salnries by unanimous consent with this act must be shown respecting such additional entry and must be performed upon the land included therein to the extent and for the out any showing whntever on the subject. period required in connection with original entries under this act, proof Mr. _OLDFIELD. Well, the . report shows "Very clearly, it of which must be submitted witlJin five years from and after the date f'ems to me. what the necessity is. , of the additional entry : Providet.L /tt1'ther, That nothing herein con· tained shall be so construed as to require residence upon the combined ~Ir. l\IAN1il. It can be done at any time by unanimous consent entry in excess of the period of residence as required by section 22!}1 on an appropriation. bill. . of the Revised Statutes." l\lr. OLDFIELD. I do not want to do it that way. Ur. MOORE. l\Ir. Speaker, will the gentleman yield? With the following committee amendments: The SPEAKER pro tempore (l\lr. FLOYD of Arkansas). Does Page 3, line 23, after the word " has," strike out the word " here the gentleman yield? tofore" and insert the word "theretofore." .Mr. OLDFIELD. Yes. The SPEAKER pro tempore. Is there objection? Mr. MOORE. A paragraph in the teport says: Mr. :MOORE. Mr. Speaker, reserving the right to object, I The total number of increases In the force by the foregoing bill are should like to have an explanation of this bill. 15. and the total annual increase of salaries due to this increase in Mr. SINNOTT. Mr. Speaker, the present enlarged home the members of the force and reorganization of the assistant examiners is slightly more than $61,000. stead act permits an entry on 320 acres of arid lund, land which is nonirrigable and does not contain timber. .Mr. OLDFIELD. 'l,hat is right Mr. MOORE. That is the law now? l\fr. MA~"N. You see, the commissioner was not very frank. Mr. SINNOTT. That is the law now. In addition to that it 'l'he gentleman from Pennsylvania got the idea from that that permits the entryman, before final proof, if his original entry this affected only 15 places, nnd the language is susceptible •lf was 160 acres of this arid land, to take an additional 160 acres. that interpretation. But notice that is not what it says. If l\lr. 1\lAl.~"N. That is where he has already taken 160 acres? it did say that, it would not be true. 1\Ir . .MOORE. It says: Mr. SINNOTT. Yes; where be has already taken 160 acres it permits him to take an additional 160 acres of this arid land The total number of increases in the force by the foregoing bill are 15. before final proof. Now, this bill aims to give the right to take That is to say, 15 new appointees. That is the infetence to an additional 160 acres of contiguous land to one who has al b 1\fr. MOORE~ What is the position of the man who· has 160 The SPEA.KER. The ·gentleman from · Illinois demands the acres adjoining whose entry there is no contiguous land by which regular order, and the regular order is, Is there objection to the be can benefit under this act? request of the gentleman from California? Mr. SI~NOTT. He is not benefited at all. Mr. MONDELL. I object, unless the gentleman from Cali- Mr. MOORE. Then, the man who is surrounded by neighbors, fornia will include the other matters I have referred to. · where there is available no contiguous laud, is simply shut" out The SPEAKER. The gentleman from Wyoming objects. from the adr-antages that the other man can obtain tmder this The question is on the committee amendment. bilL . . Mr. RAKER. Mr. Speaker, my five minutes has not expired .1\!r. SINNOTT. He gets nothing under this bill. on this amendment. There is no use in trying to rush the Mr. MANN. They ha-ve got an.other b:i:ll to let him in. matter through. I want to say that many men get up and take Mr. MOORE. Before I consent to the passage of this bill I much time here, and I believe that ordinarily a Member ought should like to have the gentleman, who is well informed, or some to have a right to express his general views on some subjects. member of the committee, state whether or not it is true, a~ is l\Ir. BYRNS of Tennessee. Does not the gentleman think, in sometimes asserted from the Department of the Interi0r, that view of the fact that there are other bills on the calendar an•l a man can not exist and raise a family on 160 acres of land. that the hour is getting late, that he ought to let this bill take Mr. SINNOTT. There are many quarter sections of 160 acres its course so that other Members can have their bills considered? of which that is true. l\Ir. l\IA.NN. The gentleman from California has got his bill Mr. TAYLOR of Colorado. If the gentleman will permit, I through. will tell him where he can find 10,000 acres of land on which Mr. RAKER. Mr. Speaker, may I answer the gentleman? a man can not raise a family, on which he can not raise a Mr. BURNETT. A parliamentary inquiry, Mr. Speaker. spear of grass. The SPEAKER. The gentleman will state it. l\1r . .MOORE. Of course there is desert land or wholly arid Mr. BUR~TETT. Is there any five-minute rule in operation? land. I can not understand and I do not assume that a man The SPEAKER. There is not. The gentleman said he had would be foolish enough to take 160 acres of wholly arid land. five minutes on an amendment, but the Chair heard no amend: Mr. TAYLOR of Colorado. Oh, yes. ment offered by the gentleman from California. The gentle Mr. MA...~N. There are some -very foolish people in the West. man from California asked unanimous consent to extend his Mr. MOORE. There are some who go there from the East. remarks in the RECORD, and the gentleman from Wyoming prac· Mr. DONOVAN. Regular order, Mr. Speaker. , tically objected. Mr. MOORE. Reserving the right to object, Mr. Chair- l\Ir. RAKER. l\Ir. Speaker, I want to make another request man-- for unanimous consent. I ask unanimous consent to extend and Mr. DONOVAN. Regular order. revise my remarks on the bill H. R. 1991, which was disposed of The SPEAKER pro tempore. The gentleman from Connecti to-day. cut demands the regular order. The regular order is, Is there The SPEAKER. The gentleman from California asks unani objection to the consideration of this bill? mous consent to extend and revise his remarks on the bill Mr. MOORE. I reserve the right to object. H. R. 1991. Mr. l\IONDELL. Answering the last inquiry of the gentle- Mr. MANN. What was that bill? man from Pennsylvania-- l\Ir. RAKER. It was the bill H. R. 1991, referring to the l\Ir. DO NOV A.!~. Mr. Speaker-- expatriation of citizens and their protection abroad. The SPEAKER pro tempore. Is there objection? The SPEAKER. Is there objection? Mr. MOORE. A parliamentary inquiry, Mr. Speaker. Mr. l\IONDELL. Reserving the right to object, does the The SPEAKER pro tempore. The gentleman will state it. gentleman intend to include the suffrage statement to which he Mr. MOORE. Have not I the right to reserve an objection has referred as a part of his remarks? in order that an explanation may be made of the bill? l\fr. RAKER. If I get permission to extend my remark , I The SPEAKER pro tempore. But the regular order is de shall put in what I think is legitimate. manded. l\Ir. MANN. l\fr. Speaker, I object. Mr. MOORE. A parliamentary inquiry, .Mr. Speaker. If a The SPEAKER. The question is on agreeing to the com gentleman seeks information on a bill, is it wholly within the mittee amendment to this bill. power of a Member, the gentleman from Connecticut, for in The amendment was agreed to. stance, to force the Member to object or not to object, thus The bill as amended was ordered to be engrossed and read a f~rcing its passage or defeat without any discussion? third time, was read the third time, and passed. The SPEAKER pro tempore. Is there objection? On motion of l\fr. SINNOTT, a motion to reconsider the r-ote Mr. MOORE. I har-e made a parliamentary inquiry, Mr. whereby the bill was passed was laid on the table. Speaker. JUDICIAL PROCEEDINGS IN THE UNITED STATES COURTS. The SPEAKER pro tempore. The Chair has held that the regular order is to put the question; is there objection? The next business on the Calendar for Unaniml>us Consent Mr. MOORE. Reserving the right to object-- was the bill (H. R. 4545) to amend an act entitled "An act to The SPEAKER pro tempore. The· Chair hears no objection. codify, revise, and amend the laws relating to the judiciary," Mr. SINNOTT. l\Ir. Speaker, I ask that the bill be con- approved March 3, 1911. sidered in the House as in Committee of the Whole. The Clerk read the bill, as follows: it That the act entitled "An act to codify, revise, SPEAK~R Be enacted, etc., The pro tempore. The gentleman from Oregon and amend the law~ relating to the judiciary," approved March 3, 1911, asks unanimous consent that this bill be considered in the House he, and the same 1s hereby, amended by inserting after section 274 as in Committee of the Whole. Is there objection? thereof three new sections, to be numbered, respectively 274a, 274b, and 274c, reading as follows: ' · There was no objection. "SEC. 274a. That in case any of said courts shall find that a suit at The SPEAKER. The question is on agreeing to the com law should have been brought in equity or a suit in equity should have mittee amendment. been brought at law the court shall ot·der any amendments to the pleadings which may be necessary to conform them to the proper prac Mr. RAKER. Mr. Speaker, I rise to say something on this tice. Any party to the suit shall have the right, at any stage of the amendment, and I ask unanimous consent to extend my re cause, to amend his pleadings so as to obviate the objection that his marks in the RECORD on the question of woman suffrage and to suit was not brought on the right side of the court. The cause shall proceed and be determined upon such amended pleadin~s. All testi include therein an article written by Hon. William J. Bryan, as mony taken before such amendment shall stand as testtmony in the published in The Commoner. cause with like effect as if the pleadings had been originally in the The SPEAKER. The gentleman from California asks unan amended form. " SEc. 2'Ub. That in all actions at law equitable defenses may be imous consent to extend his remarks in the RECORD on the sub interposed by answer, plea, or replication without the necessity of filing ject of woman suffrage and to include therein a statement by the a blll on the equity side of the court. The defendant shall have the Hon. William J. Bryan. Is there objection? same rights in such case as if be bad filed a bill embodying the defense of seeldng the relief prayed for in such answer or plea. Equitable Mr. l\!ONDELL. Reserving the right to object, l\Ir. Speaker, relief t·especting the subject matter of the suit may thus be ob tained by I want to ask the gentleman from California if he has an:v answer or plea. In· case affirmative relief is prayed in such answer objection to placing in th~ RECORD together with the speech that or plea, the plaintiff shall file a replication. · Review of the judgment or decree entered in such case shall be regulated by rule ·of court; he refers to the resolution adopted by the late Democratic cau Whether such review be sought by wrH of . error or by appeal the cu!:) on the question of woman suffrage, and if be further bas any appellate court shall have full power to render such judgment upon objection to placing in the RECORD along with the speech · the the records a.S law and justice shall -require. . "SEC. 274c. That where, in any suit brought in or removed from statement made by the President recently to a delegation of any State court to any district of the United States, the jurisdiction ladies interested in woman suffrage? . of the district court is based upon the diverse-citizenship of the parties; Mr. RAKER. Mr. Speaker, I am preparing, I will say to the and such diverse ciizenship in fact· ~xisted at the time tbe suit was gentleman-- brought or removed, though defectively alleged, either party may amend at any stage of the proceedings and in the appellate court upon such Mr. MANN. The regular order, Mr. Speaker. terms as the court may impose, so as to show on the record such 12406 CONGRESSIONAL RECORD-HOUSE. JULY 20, diverse cltlzel1Sbip and jHrisdlctlon, and thereupon such suit shall be and operate such look toahout ezp-ense to the United Btntes r : Pro ,roceedPd with the ~me as. though the diverse citizenship bad been vided, That whenevf.'r Congress has h~retofore provided, either din>etly fully and correctly pleaded at the Inception ot the suit, or, if it. be a or Indirectly, through any official or depa1·tment of the United States Nmoved case, in the petition for removal." Government, fot· the construction, maintenance, ru1d operation of a lock, free of cost to the United States, as may be def.'med nece ·ary for navi The SPEAKER. Is there objection? gation by the Secretary of War and Chtef of Engineers in any dam in Mr. MOORE. Mr. Speaker, I object. navigable wate1·s authorized by law at the date of passage o! this act~ in all such cases such obligation shall continue to be of full force and HOUR OF :MEETING TO-MORROW. effectl. ·• SEC. 3. That a a part of said approval the Secretary of War and Mr. U~'DERWOOD. M1T. Speaker, I ask unanimous con ent tbe Chief of Engineer shall require that the plans, speeifieations. and that when the House adjourns to-day it adjourn to meet at 11 location for any dam shall be such as shall be best adapted to a compre o'clock to-morrow. I am anxious to ex-pedite the general dam hensive plan for the Improvement of the watet·way In qu~stion for the uses of navigation nnd for the full development of its water power and bill and get it out of the way, and I understand the sundry tor other beneficial publio purposes, and oest adapted to conserve a11.cl civil conference report will probably be brought up. I would utilize, in the inte1·ests of navtgatio" ana water-power development, the like that additional hour, if possible. wate7" reso1trces of th.c region. "SEc. 4. That a a part nr the conditions and stlpulation.s uch ap The SPEAKER. The gentleman from Alabama asks unani proval shall provide- mous consent that when the House adjourns to-day it adjourn "(a) For relmbnr ement to the United States of all expenses in· to meet at 11 o clock a. m. to-morrow. Is there objection? enrred by the United States with reference to the project, including the cost of any investigation neces~ary for the approval of the plan ns 1\Ir. 1\iAXN. 1\lr. Speaker, re erYing the right to object, my heretofore provided, and for such supervision of construction as may be understanding was to-day that the general debate on the dam necessary in the interest of the United States. bill would last cert:1inly through to-morrow. "(b) (For the paym~nt to the United States of rea onable charges for tbe benefits whleb m:ly accrue to such pt·oject throngb the constructhm. 1\lr. U!\'DERWOOD. That is my understanding. operation, and maintenance by the United States of headwater improve Mr. 1\lA...c,N. So that we may be assured if we meet at 11 ments, including storage reservoir , on any such stream, such chat·ges o'clock in the morning the House will not proceed to read the to be fixed from time to time by the Sec•·etary of War and Cbi~fl fl<'or the payments to the United State of reasonable charges for the benefits general dam bill for amendment? which may accrue to such project through the construction, opel"Ution• .Mr. U.i\DERWOOD. I understand from the gentleman in and maintenance, tn and about such streams, by the United States of charge of the bill, l\lr. ADAMSON, that he does not expect to take headwater improvements of every kind, nature, n.nd description, Includ ing storage reservoir or fore ted watersb~ds or land owned, loc.J.ted, the bill up under the five-minute rule to-morrow. or reserved by tbe United State at the headwater of any naviga.ule Mr. ADAMSON. 1\fr. Speaker, it will not be possible, in my stream for the development, improvement, or pre~ervation of navigation judgment. in such stream in which such dam may be located. Sucb c\la.rg lands the new form of the bill, as remodeled by the amendments. I of tlw United btates as may be nece E. sary therefor, ana in cvnsLderalion. have also an additional statement or resolution passed by the thereof the owner of such dam sltall pay to the U itcd /:Itatc!J ~u.cl~ Chamber of Com1uerce of Los Angeles, Cal., which I will also charges, not to exceed an anmwl payment of 5 1Je1· cent of tile (ail" t:alue of sue/~ lmtds, as may l>e {'Zed by the Secreta1 y of lVar an.tl Chief ask to }}Tint in tile REcoRD. of Engineers, and in ft.rin.q uch cb.arges aon ideratio" shall be t11kcn The SPEAKER. Is there objection? of tlie benefits accruiag tllerebv to the interest of na~:i!faticm as roczt I as to the business uf suclt grantee} [That ln the con truetion, main 1\Ir. 1\l.ANN. 1\lr. Spe11ker, do not care anything about the tenance, and operation of any project under this net for the promotion. printing of the resolutions. I will ask the gentleman if the bill of navigation, tte grantee may, with the COilSi!nt of the Secretary of now propo ed to be printed is different from the- bill form al War. 11se and occupy, when nece. ary for carrying out the project, lands ready printed? acquired by the United States through purchase or condemnation and any part of the public lands withdrawn by the Pl"esident ft·om eLJtr.r Mr. AD£-\~ISON. The proposed amendments are printed in it. o.r dispo ition for tile sole purpose of promoting navigation, which the Mr. 1\f.A.NX What does the gentleman want to do-simply President may do. as p1·ovided in the act entitled 'An act to autbo.rize insert in the RECORD ,.-hat has already been printed bill form? the President of tbe United States to make withdrawal of public luuds in tn certain eases,' ap-pt·oved June 25, 1910. For any of such lands so 1\fr. ADA... \JSOX Yes; in bill form. nsed tre grantee shall pay to the United States such ch:uges as may .Mr . .l\14-\.XN. It is not something new? be fixed by tre Secret:rry of War]. .l\1r. ADA:\fSO~ . No. "(d) For the payment or securing the pavmMt to the United States of such sums and in such manner as the SecrPtary of War and the The SPEAKER. Is there objection? Chief of Engineer may deem reason-able and jmrt sub tanHally to re There was no obj~ction, and it was so ordered. store eonditions upon such stream as to navigability as existing at the The bill and the resolution referred .. o are as ~ollows: time of such approval, ullenet·e~· tl1e Secretm·v of War and tlle ()hie/ of En[Jineers &llall determine that navigaticm u011ld be injtLrcd biJ rea A bill (H. n.· 16053) to amend an act entitled "An act to regulate the son of the co11strw.ctian, rna'i~tena:Lce,. and operation of sucJ~ aam cmd construction of dams- across navigable waters,"' approved June 21, its accesso1·y worfcs. 1906, as amended by the act approved June 23-, 1910. "SEC. 5. That the operation of navi~mtion facilities wbich shall be Be it enacted, etc., That the act entitled "An act to regulate the con constructPd as a part of or in connection with any sncb dnm, whether struction of d~ms across navigable waters," app1·oved June 23, 1910, be, n.t the expense of sucll gnntee or of the United States, shall at all and the same lS hereby, amended to read as follows: times be &ubject to such reasottable rules ru1d re~ulatlons in the in .. SEcTruN 1. That when consent has been or may hereafter be tereRt of navigation. including the control of the level of the pool granted by Congre · either directly or indirectly through any duly cnused by any such dam, a sh-all be made by the Secret::u-y of War nnd authorized offi.cial or officials of the United States, to any persons to Chief ol Enginee-rs. and in tile a. e: and operatioll of auoll navi!)ation constl·uct and maintain a· dam for wa~r power or other purpose across facilities tile interests cf 'Aavigation sltflll be paramoun-t to tile w;e8 or in any of the navigable waters of the United States, such dam shall of aucli dam by such grantee tor powe1· pttrpoRes. Sucb rulPs and regu not be built or commenced until the plans and speclticatlorut for such lations may include the maintpnance and opt>ration by such _grantee. at dam and all aece sory works, together with ucb drawings of the pro its own n-pl'n~. of tmcb 1fght and other si1?Dals as may be dlreeted po ed construction and such map of the- proposed location as ma~ be by the Secretary of War and Chief of Engineers and ueb fish\\·ays 8.JI! required for a full understanding of the subject. have been submitted shall be prescribed by the Secretary of Commeree, and for failure to to the Secretary of War and the Chief of Engineers for their approval, compfy with any such rule Ol' re~lation such ~rantee shail be deemed nor until they sbaiJ bave approved such plans and specifications and the g-uiJty of a misdeml"anor, and upon conviction thereof shall be Rubj('ct location of such dam and accessory works; and after , tell appL"Ontl it to a fine of not lpss than 500 for: each month's default, in addition. shall not be lawful to deviate from such plans o:r specifications either to ott-er penalties herein prescribed or provided by law. before or afi:P.r completion o! the structure unless the modification of " SEc. !3. That the persons constructing. maintalnin~. or opernting sueh plans or spPcifieations bas previou ly been submitted to and re· nny dam or appul'tenant or acce .. or:v works, in nccordance with t c ceived the npproval of (the Chief of Engineers and of) the Secretary of provi ions of tbis ct. sbaU be liable for any dama~e tlmt may bo War [and the Chief of r.;nginet>rs]. • infticted tl'lereby upon private property. either by O\•erflow or otht>rwise.. .. SEC. 2. That as a part of such ap-proval soch conditions and stipu •· SEC. 7. That any grantee who shall fail or refuse to eomply with lations may be impo <>d as the Secretary of War and the Chief of Engi the lawful ordeJ' or the !:WCl-etary of War, made in arcordance with the neers may deem nece ary to protect the present and future Interests. of provi Ions of this act. Rhall be d~emed I!UiHY of n mi. df.'mt>anor, and on the United States. which may Include the condition tha.t the pe1·son conviction thereof silall be punish.ed by a fiDe not exceeding $1 000, constructing or maintaining sncb dam shall construct. mai11tain nnd and every month suc1J ~rrantee shalt remain ·In aefault shall be deemed ope1·ate In connection therewith, without expense to the United states, a new o!fense and snbjeet ueh grantee to additional [l(!nalttcs tbPrcfor; a lock or locks, booms, sluices, or any other tructore or sti"Ui!tures and in addition to a.id pennltie the Attorney General may, on rf'f)oest which the SEcretary of War and the Chief of En~ineers or Congress then of the Secretary of War, iru titute proper proceeding in tbe di! House of Representatives fr-om the Rocky l\1(}unt:Un and Pacific Coast Mr. 1\IO:t\"'DELL. 1\Ir. Speaker, re erring the ri(J'ht to object, States." . I hereby certify that tbe above is a true and correct copy of the reso do I understand the gentleman is to confine his remarks to the lution ndoptt>d by the board of director of the Los AngeleR Chamber of bill to whic:b he bas referred? Commerce at the regular meeting held Wedm ~ day, July 8, 1014. Mr. RAKER. That is what I stated, and when I state upon Loms M. COLE, President. Attest: that bill it mean that. I will get, if I can. irrespectiYe of the e FRA~K Wraor~s. Secreta1·y. nnnnimous-eon8ent objections on the other side; the right to SENATE CONCURRENT RESOLUTION REFERRED. extend my remarks upon the question-- Under elan e 2 of Rule XXIV, Senate (.-oncurrent resolution Mr. 1\lAI\~. Mr. Spe.'lker, then I object. The gentleman will ne>er get anything by threats. of the following title was taken from the Speaker's table and referred to its appropriate committee, as indicated below: The SPEAKER. The gentleman from Illinois objects. Mr. MA:t\"N. I am alwnys here. S. Con. Hes. 28. Concurrent resolution ac~ eptlng the statue of Mr. U-:\l)EllWOOD. Mr. Speaker-- George Wn hingt~n Glick, presented by the State of Kausns, l\Ir. 1\lAi'\'N. The gentleman can not get things by threats. and tendering thanks of Congress therefor; to the Committee 1\11". RAKER. I ha•e been here right along~- on the Library. The SPEAKER. Both gentlemen are out of order. JUDICJ.AL PROCEEDINGS IN TilE UNITED STATES COURTS. ADJOURNMENT. lir. DUPRE. M.r. Speaker, I ask unanimous consent that Mr. Ul\"DERWOOD. Mr. .Speaker, I mo>e that the House do the bill (H. R. 4545) just objected to be restored to its place now adjourn. on the calendar. The motion was agreed to; accorrungly (at 5 o'clock and 40 'Ihe SPEAKER. The gentleman from Louisiana asks unani minutes p. m.) the House adjourned to meet to-morrow, Tues· mous consent that the bill H. R. 4545 shall be passed over with day, July 21, 1914, at 11 o'clock a. m. out objection. Is there objection? Mr. MANN. lteserving the right to object, is that a bridge EXECUTIVE CO:\DIU~'1C.ATION. bill? Mr. DUPRPJ. No. Under clause 2 of Rule XXIV. a letter from the Acting Sec· 1\lr. .MOOHE. I understood the request to be that it should reta1-y of War, transmitting, with a letter from the Chief of be restorPd to its place on the calendar? Engineers. repoTts on preUruinnry ex.alllin;Jtion nnd sun-ey of The SPEAKER. 'l"hat is true; tt is the same thing. Thoroughfare B Hudspeth, reporten tbe snme with Rmendment, accompanied by By 1\Ir. BARTON: Petition of Captain J. H. Frens Post, No. a report (No. 993), which said bill an!l report were referred 163, Department of Nebrnska, Grand Army of the Republic., to the Primte Calendar. favoring nntlona.l peace jubilee celebration at Vicksburg, Miss.; to the Committee on Military Affairs. PUBLIC BILLS, RESOLUTIOXS, AND ME~IORIALS. By Mr. DALE: Petition of the United Spanish War Veterans, · Under clause 3 of Rule X.'~nr, bills, resolutions. and memorials of l\lanila, P. I.. in referenc-e to employment of United States were introduet-d and se\·emlly referred as follows: citizens in the Philippines ; to the Committee on Reform in the Civil Service. By Mr. l\1EHIU'IT: A bill (H. R. 17~) to make Nyando, :!\. r.. a port through which merchnnnise may be imported By Mr. ESCH: Memorial of the Los Angeles ( Cnl.) Chamber for trnnsportntion without appraisement; to the Committee on of Commerce. relative to neces ity of pnssing w.lter-power legis lation at this session of Congress; to the Committee on Inter W:tys :md ~len ns. state and Foreign Commerce. By ~Ir. :\lAX~: ReRolution (H. Res. 572) requesting certain information of the President of the United States; to the Com .d..lso, petition of the United Spanish War Veternns, of Mnnna, mittee on the Judiciary. P. I., in reference to employment of United States citizens in Ry .Mr. HU)lPHUEY of Washington: Resolution (H. Res. the Philippines; to the Committee on Reform in the Civil Service. 5i3) requ~ting and directing the Secretary of Agriculture to give to the House full det1:ilect inforruntion in regard to certain By 1\fr. GREEi'c~ of Vermont~ Petition of lfiss Agnes 0. Imltters un New York, protesting against national prohibition; to the Com To-day the roads base their demand for an increase in freight rates largely upon the plea that the demands m'lde upon them by Govern mittee on Rules. ment regulation necessitate increased earnings. Also, petitions of F. l\I. Burden, of Seneca Falls; F. P. Gil If they shall be permitted, under national authorities, to tm1n their derslee\e, of Union Springs; H. E. Woodward, of Ensenore; and great volume of ill-digested securities, hundreds of mlllions of which stand for mere water, into new bonds, they will instantly demand that sundry \Oters of Middlesex, all in the State of New York, favor the Gov~mment stand responsible for these bonds. ing national prohibWon; to the Committee on Rules. If undrr private owner hip the roads are unable to meet these fixed By 1\Ir. SLOAN: Petitions of 38 members of the Christian changes their manager will turn them over to the Government. At what price? Obviously at the value for which the Government bas Endeavor Society of Aurora; 63 citizens of Hebron; 22 citizens authorized them to Issue bonds and stock. It is therefore the bu i of Fairbury; 11 boys and girls of Blue Springs; 60 citizens of ness of Congress, which still has the Rayburn bill in band, to see to it She1by; sundry citizens of David City; the Nebraska State that the Government supervision over the volume of securities shall not end by making the Government take over the railroads at an exag Suuctay School .A.ssocintion; sundry citizens of Clear Creek; the gerated and extortionate figure. Camp of Gideons at Lincoln; the Methodist Episcopal Church at Fairmont; the Methodist Episcopal Church at Surprise; the [From the New York Tribune, Monday, July ~0, 1914.) Methodist Episcopal Church at Tobias; various churches of THE SE~HTE LOSIXG IXl'EREST I~ THE DE~ATURED AXTJTRGST Bll.LS. Liberty; J. S. Dick, of Crete; the Evangelical Church Conven It is just about a month since Mr. Wilson told the Virginia Editorial tion at York; a mass meeting of citizens to Giltner; the Chris Association that tte administration's program of antitrust legislation was "complete" and predicted its speedy enactment. But enactment tian Endea,·or Societie of Fairbury: various members of the still linger . Although the House bills, which constituted the finished Christian Church at Fairbury; a mass meeting of citizens of Wilson program, have been torn to pieces and patched together again, Geneva; and the Epworth League Convention at Fairmont, all the Senate is still reluctant to pass them. They have bt>en greatly improved by the elimination of crudities all along the line. But even so, in the State of Nebraska, in fa,or of national prohibition amend the Democratic leaders in the Senate can get up very little enthusiasm ment; to the Committee on Rules. over them. 'l'he e leaders realize that a vaRt amount of useless labor bas gone Also protests from 17 citizens of Morse Bluff, 11 citizens of into an effort to do something which really doesn't need to be done. Fairbury, 31 citizens of Grafton, 21 citizens of Tobias, resolution 'l'he administrati:ln started out with the idea that it was necessary to adopted by the Grand Lodge Order of Hermanns of Nebraska, supplement and invigorate the Sherman antitrust law. Mr. Clayton and the other Hou e antitrust dentists tried to put a lot of fine new a letter from Aug. Aleck, of Western, and a letter from A. B. teeth into the Sherman Act. But at practically every point at which Korn, of Shickley, all in the State of Nebraska, ngainst national the present p1·ovisions against monopoly or conspil·acy to restrain trade prohibition amendment; to the Committee on Rules. were sought to be supplemental the experiment broke down. The pro posed new law did not clarify or strengthen the exi ting statute. It By Mr. S.liiTH of Idaho : Papers to accompany House bill simply overloaded and confused it. The Senate committees have been 17226, granting a pension to Sarah Friedline; to the Committee busy for the last four or five weeks ripping out the Clayton-Rayburn on Pensions. Covington dentistry. What they have seen of the work of those bunglers has vh·tually convinced them that the Sherman law doe ·n't Also, petition of Leon Friedman, of Hailey, Idaho, against need new teeth at alL national prohibition; to the Committee on Rules. What is the advantage1 for instance, of giving a.n interstate trade By Mr. STEPHENS of California: .Memorial of Stephen commission power to pumsh Interstate corporations engaging in "un fair competition " when noh('dy knows what such a term means? If Jackson Post, No. 191, Department of California and Nevada unfair methods lead to restraint of trade, they can be dealt with already of the Grand Army of the Republic, relative to appropriation under the Sherman law. If they don't lead to restraint of trade, the for reunion of veterans at Vicksburg, Miss.; to the Committee commission doesn't need to won-y about them. Why strain and cogitate to meet a situation which it isn't necessary to meet? on Appropriations. It is exactly the <;arne with the Clayton-Gompers trick amendments Also, memorial of the Los Angeles Chamber of Commerce, giving, or merely pretending to give, union lqbor and farmei ' organiza tions excmpt!on from prosecution for violations of the antitrust law. favoring passage of water-power legislation at this session of If the amendments grant union laborers and farmers no privileges Congress; to the Committee on Interstate and Foreign Com which they do not already have-as the President insi ts is the case merce. what is gained by merely saying that what Is the law is the law? But if it is intended to offer special class privileges to two special classes, why incur the displeasure and enmity of all other classes? The National Association of Retail Dealers, for example, is about to SENA.TE. descend on Congresb to ask why its organization shouldn't l.>e allowed to have the same exemption as is being offered to the farmers and the TUESDAY, July ~1, 1914. Federation of Labor people. Why, indeed, shouldn't it? If they are not to be prosecuted for carrying out the legitimate objects of their The Senate met at 12 o'clock m. association-whatever those objects may be-the organized retailers ought not to be prosecuted for clashing to a similar extent with the nev. J. L. Kibler, D. D., of the city of Washington, offered Sherman law. the following prayer : The antitrust bills in the ori~InaJ form in which Mr. Wilson approved 0 God, our Father in heaven, we thank Thee that a way has them were destructive and VIcious. In the form which the Senate committees are giving them they are far lc s dangerou . But on the been opened for our approach into Thy pre ence; that we can other hand, they are dl"generating more and more into mere surplusage. talk with Thee as a friend talketh face to face with a friend; No public advantage will result from passing them. It is the realiza and that we can come boldly to the throne of grace and make tion of this fact that makes them drag so woefully in the Senate. Nobody there is able to get excited over measures whose only thunder our requests known unto Thee. Surely our hope is in Thee. is in the title page. Our strength cometh from Thee. Amid the difficulties of the way we seek Thy hand. If we meet perplexing problems, may [From the New York Times, Monday, July 20, Hl14.] the light of Thy truth give us understanding. If doubts becloud our sky, muy we see new visions of Thy law. And may THE TRUST DEBATES. While Congress is working overtime upon the trinity of antitrust bill. our steps this day be ordered by the Lord. We ask it in Jesus' there is proceeding in the country a second debate of another sort, of name. Amen. which an excel_lent example is afforded by the address of Lincoln Crom The Journal of yesterday's proceedings was read and approved. well to the knit-goods jobbers, reported in Saturday's Times. He speaks for substantial midille-class business, neither the bigge t nor the small PROPOSED ANTITRUST LEGISLATION. est. It does not occur to the business men whom he represents to op pose the legislation which is l.>€ing thrust upon them. Their aim now is Ur. BRA..r~DEGEE. I send to the desk three short articles "to keep it along lines which are helpful to honest merchants rather on three of the bills that are now pending before the Senate, than to theorists and politicians with their fads and demagogy." Espe cially npropos is Mr. C1·omweii·s reference to the completeness with aud I ask that they be printed in the llECORD. which the Federal courts are doing under the old law what Congress ls The VICE PRESIDENT. Without objection it is so ordered. bustling about as though there were no law to accomplish what it The matter referred to is as follows : wants. In the decree against the Thread Tt·ust as a combination In unreasonable restraint of trade no less than 15 practices are specifi [l!'rom the New York American, July 20.) cally forbidden. Blacklists, rebates, buying out competitors, fixing of O~E SERIOGS PEJliL l!'i THE RAYBUR~ BILL. resale prices, giving of bonuses, pooling of orders to get special dis· The Rayburn bill, as rewritten by' Mr. Brandeis and now being con count , "fi~hting brands," flying squadrons of salesmen to undersell sidered by the Senate Committee on Interstate Commerce, atl'oras a.n competition in re trict.cd areas, the limitation of traders f1·om trading immediate illustration of the irresistible tmdency of seemingly con· with others than the trust, misrepresentation of competitors' ~oods, servative railt-oad ll"gislation toward Government ownership. threats of prosecution without intention to prosecute. selling oelow This bill has for its purpose the supervision by the Interstate Com cost, differences of frel!?;ht being considered, ' free goods "-these are merce Commission of all future is ues of secm·ities-stocks, bonds, among unreasonable re traints of trade forbidden without the help of