1928 CONGRESSIONAL REOORD~ENATE 147I Sunday observance legislation and J)articularly against House Lankford bill, or any similar compulsory Sunday observance' bill 78 ; to the Committee on the District of Columbia. legislation ; to the Committee on the District of Columbia. 1605. Also, petition of numerous · citizens of Superior, Wis., 1627. Also, petition of numerous citizens of Enterprise and La: ' protesting against the enactment of compulsory Sunday observ Grande, Oreg., pl"t>testing against enactment of Bouse bill 78, ance legislation, and particularly against House bill 78; to the the Lankford bill, or any similar compulsory Sunday observance Committee on the District of Columbia. legislation; to the Committee on the District of Columbia. ~606. Also, petition of numerous citizens of Clear Lake, Wis., 1628. By Mr. SWING: Petition of citizens of San Diego protesting against the enactment of compulsory Sunday observ County, Calif., protesting against compulsory ·sunday observance ance legislation, and particularly against House bill 78; to the laws; to the Committee on the District of Columbia. Committee on the District of Columbia. . . 1629. Also, petition of citizens of Escondido and San Diego 1607. Also, petition of numerous citizens of Clayton, Wis., County, Calif., protesting against compulsory Sunday observ protesting against the enactment of compulsory Sunday legisla ance laws; to the Committee on the District of Columbia. tion, and particularly against House bill 78; to the Committee 1630. Also, petition of citizens of San Diego, Calif., protesting on the District of Columbia. against compulsory Sunday observance laws; to the Committee 1608. .Also, petition of numerous citizens of Brule, 'Vis., pro on the District of Columbia. testing against the enactment of compulsory Sunday observance 1631. Also, petition of citizens of San Diego County, Calif., legislation, and particularly against Housa bill 78 ; to the protesting against compulsory Sunday observance laws; to the Committee on the District of Columbia. Committee on the District of Columbia. 1609. Also, petition of numerous citizens of Iron River, Wis., 1632. Also, petition of citizens of San Diego, Calif., protest· protesting against the enactment of compulsory Sunday observ ing against compulsory Sunday observance laws; to the Com· ance legislation, and particularly aga.inst House bill 78; to the mittee on the District of Columbia. • Committee on the District of Columbia. 1633. Also, petition of citizens of San Bernardino County, 1610. Also, petition of numerous citizens of South Range, Wis., Calif., protesting against compulsory Sunday observance laws; prote ting against the enactment of compulsory Sunday legisla to the Committee on .the District of Columbia. tion, and particularly against House bill 78; to the Committee 1634. By 1\lr. TINKHAl\1: Resolutions of Ancient and Honor on the District of Columbia. able Artillery Company of Massachusetts, indorsing the holding 1611. Also, petition of numerous citizens of Tripoli, Wis., annually of the national rifle matches and urging the appropria protesting against the enactment of compulsory Sunday observ tion of the necessary funds; to the Committee on Military ance legislation, and particularly against House bill 78; to the Affairs. Committee on the District of Columbia. 1635. By Mr. TREADWAY: Petition of citizens of Williams 1612. Also, petition of numerous citizens of Brantwood, Wis., burg, Mass., protesting against the passage of the Lankford protesting against the enactment of compulsory Sunday observ Sunday closing bill; to the Committee on the District of ance legislation, and particularly against Honse bill 78; to the Columbia. Committee on the District of Columbia. 1636. By Mr. VINCENT of Michigan: Petition signed by resi .. 1613. Also, ·petition of numerous citizens of Three Lukes, Wis., dents of Pewamo, Mich., urging early action on a bill granting protesting against the enactment of compulsory Sunday observ more liberal pensions to veterans of the Civil War and their ance legislation, and particularly against House bill 78;. to the widGws; to the Committee on Invalid Pensions. Committee on the District of Columbia. · 1637. Also, petition of 51 residents of the eighth congressional 1614. Also, petition of numerous citizens of Eagle River, district of Michigan, protesting against the pa sage of House 'Vis., protesting against the enacbnent of compulsory Sunday bill 78 or any other bill providing for compulsory Sunday observance legislation, and particularly against House bill 78; observance legislation; to . the Committee on the District of to the Committee on the District of Columbia. Columbia. 1615. Also, petition of ·numerous citizens of Trego, Wis~, pro 1638. By Mr. WILLIAMSON: Petition of C. A. Stewart and testing against the enactment of- compulsory Sunday legisla other residents of Hot Springs, S. Dak., against compulsory ti:..tt, and particularly against House bill 78; to the Committee Sunday observance; to the Committee on the District of Colum on the District of Columbia. bia·. . · ·1616. Also, petition of numerous citizens of Spooner, Wis., 1639. Also, petition of C. E. Perrin and other residents of protesting against the enacbnent of compulsory Sunday ob Ouster, S. Dak., protesting against compulsory Sunday obs~rv servance legislation, and particularly against House bill 78 ; to• ance; to the Committee on the District of Columbia. the Committee on the District of Columbia. 1640. Also, petition of Camille W. Yuill and other residents, 1617. Also, petition of numerous citizens of Rhinelander, of Ouster, S. Dak., protesting against compulsory Sunday Wis., protesting against the enactment of compulsory Sunday observance; to the Committee on the District of Colum observance legislation, and particul'arly against House bill 78; bia. to the Committee on the District of Columbia. 1641. Also, petition of G. R. McColley and other residents, of 1618. By Mr. RAMSEYER: Petition of citizens of Keswick, Edgemont, S. Dak., protesting against compulsory Sunday ob Iowa, favoring increase of pension for soldiers of the Civil servance ; to the Committee on the District of Columbia. War and their widows ; to the Comimttee on Invalid Pensions. 1642. Also, petition of E. G. Olsen and other residents, of 1619. Also, petition of residents of Eddyville, Iowa, protesting Hot Springs, S. Dak., protesting against compulsory Sunday against the enactment of any compulsory Sunday observance observance: to the Committee on the District of Columbia. legislation ; to the Committee on the District of Oolumbia. 16:1:3. Also, petition of J. E. Mueller and other residents, of 1620. By Mr. REED of New York: Petition of residents of Hot Springs, S. Dak., protesting against compulsory Sunday Oeleron and· Silver Creek, N. Y.; indorsing Civil War pension observance; to the Committee on the District ·of Columbia. bill; to t11e Committee on Invalid Pensions. 1644. By Mr. WINGO : Petition of citizens of Midland, Ark., 1621. Also, petition of residents of Jamestown, Olean, and protesting against passage of Lankford Sunday observance bill ; Falconer, N. Y.; to the Committee on the District of Columbia. to the Committee on the District of Columbia. 1622. By 1\Ir. ROl\IJUE: Petition of D. 0. Reynolds, E. M. 1645. By Mr. TREADWAY: Petition of residents of val'ious Johnson, et al., of Queen City, l\Io., in opposition to the passage towns in Berkshire County, Mass., against the passage of the of House bill 78; to the Committee on the District of Columbia. so-called Lankford Stmday closing bill ; to the Committee on the 1623. Also, petition of Guy Newkirk, F. H. Bristow, and other District of Columbia. • res'ldents of Macon County, Mo., protesting against the passage of legislation establishing compulsory Sunday observance, and particularly House bill 78; to the Committee on the District of SENATE Columbia. SATURDAY, J anuarry 14, 19~8 1624. By Mr. SCHAFER: Petiti , The CWef Clerk proceeded to read the Journal of the proceeq HON'. EVANS WO()LLEN'S JACKSON DAY DINNER SPEECH ings of the legislative day of Wednesday last, ·when, on request Mr. THOMAS. Mr. President, I ask unanimous consent to of 1\Ir. CURTIS, and by unanimous consent,. the further reading have printed in the RJOOORD the text· of a speech made at the was dispensed with and the Journal was approved. recent Jackson day dinner in this city by Hon. Evans Woollen, MESSAGE FROM THE HOUSE of Indianapolis. A message from the House of Representatives, by Mr. Farrell, The VICE PRESIDENT. Without objection, it is so ordered. its enrolling clerk, .announced that the House had passed a bill Mr. Woollen's speech is as follows: (H. R. 9136) making appropriations for the Department of the A recent magazine article, by Mr. Walter Lippman, was entitled "The Interior for the fiscal year ending June 30, 1929, and for other siclc donkey." Well, if the donkey has. been sick it would seem to-nJght purposes, in which it requested the concurrence of the Senate. that he is convalescent. Twenty-one Democratic governors were invited Affi NAVIGATION FACILITIE."l-BUPPLEMIDNTAL ESTIMATE OF APPRO to this dinner and nearly half of the Congress. Sach convalescence PRIATION ( S. DOC. NO. 41) gives hope that an invitation to tbe next quadr!.'nnial dinnet· may be sent to a Democratic· pt·esidcnt. Tlle VIOE PRESIDENT laid before the Senate a communica Mr. Lippmann said that he would not try to answer wbetll.er the tion from the President of the United States, transmitting a donkey was worth !laving. '.rhere was no need that be do so. The supplemental estimate of appropriation from the Department of qul'stion answl'rs it.-elf. The faith of the Democratic Party is a living. Commerce, fiscal year 1921), for air navigation facilities, in the faith, presently usefi.Jl. nevl'r more needed. Since the war, · espedally. amount of $475.000, which, with the accompanying papers, there has been a growing and sinister feeling in the heaTls of the com was referred to the Committee on Appropriations and ordered mon folk of America that they are not represented actually and effec to be printed. · tively by those who control the National Government. Tller.e has • CALL OF THE ROLL developed the feeling that governmental policies are cut and dried and Mr. CURTIS. Mr. President, I suggest the absence of a b:mded down by that small group of influential men who have the quorum. private ear of the Republican administration. A.nd I ten you it is a The VICE PRESIDENT. The clerk wiU call the roll. disturbing thing when great bodies of our citizens, of the farmers,. of The legislative clerk called the roll, and the following Sen labor, of the plain pl'ople everywhere, get the idea that what they do, ators answered to their names: what they say, whethl:'r anti how they vote, is of no great eonsequence. Ashurst Fess r,a Follette Sheppard We are told that het·e in Washington there are "over UiO central Barkley Fletcher McKellar Shipstead agencies of various associat~ons and groups." Some of tb€m, to be Bayard FrazieT McMa-ster · Shortridge ·· sw-c, set>k the · common good. · Most of them seck privil<>ge for them Binghnm George McNary Smoot Black Gerry Mayfield Steck selves at 1\fuscle Shoals and Bould~r Canyon or elsewllerc. The privi Blaine Gillett . Metcalf Steiwer lege st>ekers a.re orgnnized and articulate. 'l'lley turn instinctiv-ely to the Blease GlasR MO!'IPS Stephens Republican Party . . The unoTganized and inarticulate, "tht' forgotten Bomh Gmild NrE-lY Swanson Bratton Greene Norl>e-c.k Thomas man," the consumer, they are those whom the Democratic Party must Brookhart Hale Norris Trammell defend. Broussat·d Harris :Nye Tydings As a part of that defense it makes war on the Fordney-McCumber Bruce Harrison Oddie Tyson Capper Hawes Overman Walsh, Mass. tariff. Let it be understood, however, that no ·one · proposes to jump Caraway Hayden Phipps Walsh, Mont. from protection to free trade. Wllatever one may think about the prin~ Couzens Bellin Pine Warren ciple of protection, he must, if l1e be. realist as well as idealist, recog Waterman Cm·tis Howell Pittman nize that' tile system has been long in this country and that Cuttin~ .Johnson Ransdell Wheeler establish~d Deneen Jon I.'s Ueed, I' a.' Willis vested interests are involved. What the DemO<:ratic Party does pro Dill Kendrick Uobinson. Ark. pose is tariff -duties whose purpose is effective competition between Euwards Keys Robinson, Ind. Ferris King Sackett foreign and domestic producers, duties in the making of which the voice of the American consumer shall be regarded as well as those still, small, ROBIKSO~ l\Iy l\Ir. of Indian:l. colleague the senior Sen insistent voices of privilege. What the party proposes is the immediate WATSON] is ator from Incliana [Mr. necessarily detained from substitution of a moderate ta.ril! act for the present Immoderate act, the Senate. I ask that this announcement may stand for the and· thereafter slowly pi'Ogressive roouction in the direction of tariff for day. revenue only. The diiieJ:ence on the. tariff is not a difference between . The VICE PRESIDENT. Eighty-one Senators having an extremes but a tlifferenf'e in direction. The Repbulican Party is headed swered to their names, a quorum is present. . I one way. The Democratic Party. is headed the other way. In tbe last HOUSE BILL REFERRED 40 years we have had seven general tariffs acts--five Republican, two Democratic. Evct-y one of those Repnblica.n acts was a step upwat·d. R. The bill (H. 9136) making appropriations for the De For 40 years the movement, except as twice inten·upted by the Democrats, partment of the Interior for the fiseal year ending Juue 30, has been steadily upwarcl. Now the Democratic Party proposes to face 1929 . and for other purposes, was read twice by its title and in t..be other direction. t.o · begin, prudently and without unfairness, a refe;red to the Committee on Appropriations. movement downward; to take from the tariff the worst of the plunder. EXPERIE'NCE OF A MINNESOTA FARMER •· 'l'he great question of the future . • • *, is whether this policy (of tariff protection on manufactured products) has not fully serv('{) Mr. SHIPSTEAD. l\lr. Pres~dent, I am in receipt of a letter this morning which I send to the desk and ask the clerk to its pur·pose. and whether, indeed, it has not been pushed so far as to endanger the balanee between agricultm·e and industry and so warrant read. · The VICE PRESIDENT. The elet\ will read, as requested. such readjustment as may distribute ils advantages and burdens more The Chief Clerk read as follows : fairly.'' That quotation is not from a Democratic platform. It is from the report of the Busin~ss l\Ien's Commission on Agriculture EAST GnAND FORKS, Jan11ary 10, 19i!8. appointed by the National Industrial Conference Board and the Cham Hon. II. SHIPSl'EAD, ber of Commerce of 'tlle llnited ·states. Yes, the balance between agri United States Senate, Washington, D. 0. culture and industry is endangered an~ our permanent well-being . DEAR Sin: ·when farm products sell at prices that are profitable thl·eatened. Whether legislation of the 1\kNary-I:Inugen type is a solu to the producer, threats of boycott are heard as business interests and tion sound in practicability may well be questioned, but I am impatient middlemE>n must have cheap food to make larger profits. January with the . supl:'rior alrs of Republican proti:'Ctlonists who protest against 1, Hl21, I bad 1,120 acrt>t~ of land, aU under cultivation, all the the proposed lt'gislation as unsoWld in principle. For one I can see horses, machinery, and livestock needt-d to farm at a profit; Govern no difference in principle between the McNary-Haugen bill and tbe ment bonds, bank deposits, and grain on hand to the value or over Forduey-1\IcCumbH Act. Each is d~sjgned to enable the seller by law $10,000. January 1, 1928, I still have 1..120 act·es of land, valued at to get pri~s higher than he could other•wise get. Indeed, my impa 50 pE>r cent less than l!.l20; tbe same amount of Uvest.oek ll.lld ma tience leads me to say that eeonomic unsoundness is not the worst chinery; no GoHrnment bonds, no lJank deposits, grain to the value thing in the world. Injustice is worse . . The farmer is now tbe victim of ~~.000, not sufficient for seed and feed until next har>cst. Oats of injustice. That injustice mnst be removl:'d; soundly, if possible, but were a failure here last year. Six: adult per' ons have been working in any event removed. It was not removed magically by tbe wave of ~65 days a year for the last seven years on our farm without wages. a western hat assumed for the purposes of an agrarian gesture. At pre!>ent we milk about ~0 cows; have retailed milk for 34 years I am impatient, too, with those for whom patriotism is braggadocio in Grand Forks, N. Dak. Tile profits from our dairy the last seven and isolation. We are a part of tile world and we had l>etter remember years and our Government bonds have been used to produce cheap it in self-interest if not in good will. For one thing, we had beitet· Ire food. ~Ianagement of farm is the same as from 1890 to 1920, when willing, at lea&'t, to examine the dUficulties which stand in the way we accumulated this property. starting as a renter. Something is of consummating ou.r adherence to the World Court. That, we thought. wrong. was one way to peace. A~other stands br-illiantly illustrated in the ANDREW A. OLSON, methods thus fa.r of Mr. Dwight Morrow, our ambassndor to 1\Iex:ico, Bo;r; 4, Ea8f Grana Forks, MimJ. ln contrast with the methods of previous Latin-Ame-rican diplomacy. 1928 CONGR.ES-BIONAL RECORD-SENATE 1473 Yes; the donkey has a lot '(jf usetur work to do. He is worth saving. ' By Mr. GOULD: . . . . Beside!J, you could not kill him. ·He can not kill himself, as he has A bill (S. 2550) grantin"g an Increase of ·pension to Demerise proved more than once. The worst thin·g that could now happen to _Cyr ; to the Committee on Pensions. him · would be a dose of bigotry. Tradltionally haters of bigotry and By Mr. .!I.'HOMAS : l'epression, defenders of freedom .in speech, press, religion, Demo"Crats A bill ( S. 2551) granting an increase Of pension to Mahala can not tolerate the denia1 of office on the ground of :religious afiilia Buclrnlaster; to the Committee on Pe~ons. tion. Neither can they tolerate th-e advocacy of any .m11n for office By Mr. GREENE: on the ground of religious affiliation. No1 that way lies usefulness. A bill ( S. 2552) granting an increase of pension to Helen F. The Democratic Party, when true t '})here does not seem to be any liability and no injury guffi said authomation -being in such terms as to make ·said payment to the clent to warrant this •bill. I object. Beatlmont Export ·& Import Co. a complete -settlement of a-U claims The PRESIDING OFFICER (Mr. WILLIS in the chair). Ob herein referred to. jection is made~ and the bill will be passed over. The amendment was agreed to. The bill was reported to the Senate as amended, and the ALLOWANCES TO CERTAIN ARMY OFFICERS amendments were concurred in. The bill (S. 2032) for the relief of certain officers and former The bill was ordered to be engrossed for a third reading, read officers of the Army of the United States, and for other pur the third time, and passed. po e , was announced as next in order. BENJAMI.:.~ F. SPATES Mr. KI:NG. I would like to have an explanation of that bill. The bill (S. 1336) for the relief of Benjamin F. Spates was Mr. ROBINSON of Arkansas. I note that the Senator from announced as next in order. New York -(Mr. CoPELAND], who introduced the bill, is not . Mr. KING. Mr. President, this claim seems to be 45 years present, and I suggest that it go over for to-day. old. That is a pretty long time to let go by before bringing The PRESIDIXG OFFICER. The bill will. go over without a claim. I object. prejudice. Mr. ODDIE. Mr. President, will the Senator from Utah PROTECTION OF NAVIGABLE STREAMS listen to me a moment in reference to the bill? This accident, as the Senator stated, happened some 45 years ago. The The bill (S. 1181) authorizing an appropriation to be ex claimant is now a very old man, and crippled because of the pended under the provisions of section 7 of the act of March negligence of our Government He as a carpenter employed 1 1911 entitled "An act to enable any State to cooperate with at the Capitol, and while carrying a heavy timber fell through a'n:y other State or States, or with the United States, for the one of the sewer traps 1n front of the Capitol, which was found p~otection of the watersheds of navigable streams, and to to be defective. He broke his ankle and has been a cripple appoint a commission for the acquisition of lands for the pur ever since. He has been tl~ying to get some just relief from the po e of conserving the navigability of navigable rivers," as Government. A similar bill has been pas. ed by the Senate a amended, was announced as next in order. number of times. The amount has been t·educed to a mere Mr. OVERMAN. Let that go over. $1,000, and it is a claim based on fairness and justice on the Mr. 1\IoNARY. Mr. President, at the suggestion of the dis part of the Government. tinguished, Senator from North Carolina [Mr. OVERMAN] I am Mr. ROBINSON of Arkansas. Mr. President, when was the going to ask that the bill may go over to-day. However, I do claim' first presented, if the Senator from Nevada knows? want to notify my friend the Senator from North Carolina 1\Ir. ODDIE. It has been presented to pre'\"ious Congresses that at the very earliest opportunity I shall call this impor a number of times, but I do not know just h9w far back. tant measure up for action. Mr. ROBINSON of Arkansas. That happens in a great many Mr. OVERMAN. ·I have no objection to that. cases. A claim is presented l;tere and passes on.e House of The PRESIDING OFFICER. The bill will be passed over. Congress during a given session and fails to pass in the othel' BILLS AND JO~T RESOLUTIONS ~ASSED OVER House, and after a period of some years we then plead th~ laches of the claimant. as a reason for rejecting the claim or ·Mr. ::Uc:NARY. I de il·e to call attention to orders of business for• not allowing it. I think our system in disposing of such 39, 40, 41, 42, and 43. Those are all departmental bills which matters is quite defective and that we ought not ourselves to have been introduced at the request of the Department of Agri cause the . postponement of a claim and then plead lacheJ; culture. In view of the absence of one of the members .of the against its final adjustment. committee who. desired to have an opportunity further to con Mr. KING. Mr. President, may I suggest to the Senator that sider some of these bills and study them, I ask that they may the first appearance, so far as the report indicates, was in the go over to-day. Sixty-eighth Congress, first session, so tilat many years appar The PRESIDING OFFICER. Without objection, Senate ently went by before there was any presentation of the claim. Joint Resolutions 20, 21, and 42, Senate bills 1182 and 1531 will After a lapse of 45 yeat·s it is rather dangerous to allow claims be passed over without prejudice, in accordance with the request for tort, when the Government is not in a position to defend of the Senator from Oregon. itself. llr. TRAMMELL. Mr. President, I rather think the claim :I'AMPIOO MARINE mO:.'i WORKS bas been here longer than that. The Senate has acted favorably The bill (S. 472) for the relief of Tampico Marine ·Iron on it two or three different times. It is really a very meri Works was considered as in Committee of the Whole. torious claim, as stated by the Senator from Nevada. This old The bill had been reported from the Committee on Claims man is a cripple now. I have seen him t·epeatedly, aud he is a with amendments. cripple as the result of the accident. If he did wait a few years The first amendment was, on page 1, line 4, after the word before he·asked for it, I do not think that should be held against "pay" and· a comma, to insert the words "out of any money him. All the testimony shows that his present condition is du~ in the Treasury not otherwi ~e appropriated." to the accident. He is getting old and is unable to do anything. The amendment was agreed to. The accident was because of a faulty sewer trap through which Mr. J"ONES. Mr:President, may we have a brief explanation he fell whUe worlring here on the Capitol Grqunds, and through of this bill? no fault of his own. Mr. SHEPPARD. :Mr. President, the amount stated in the Mr. ROBINSON of Arkansas. :Mr. President, _if the Senator will permit me further, in support of the suggestion of the Sen bill is for work yerformed by a concern at Tampico on a vessel ator from Florida, I notice that some of the affidavits are dated. owned by the Shipping Board. The blll carries the amount as far back as 1885 and 1886, .and that in· 1914 the Superin which the Shipping Board consented to pay. The company at tendent of the Capitol Building and Grounds, Mr. Wood, made first asked for a larger sum. It was a foreign company and a report on the matter to Senator Bry:in, who was then chair did not know that under our admiralty law it could not sue on man of the Committee on Claims of the Senate. Wbile there a claim after a certain time. The time limit elapsed while they is no express statement in the REcoRD that any .action was taken were attempting to compromise the matter. On this account it by either House shortly after the injury, it does appear that the is necessary to obtain relief by a bill in Congress. affidavits were taken at that time, indicating that some efforts Mr. ROBINSON of Arkansas. There is no question about were being made to collect the claim. the amount'/ Mr. TRAJ\11\IELL. I am confident that efforts have been :Mr. SHEPPARD. None. made for a great many years. I}: seems to me this matter has ·The next amendment of the Committee on Claims was, on been pending since I have been on the committee, for the past page 1, line 7, to strike out " $4,677.98 " and insert in lieu 11 years. We have a number of times reported the bill favor thereof "$2,573," so as to make the bill read: ably. I hope the Senator from Utah will withdraw his objec Be it enacted, etc., That the Secretary of the Treasury be, and he is tion to this particular bill, becaus~ if we have any meritorious hereby, authorized and directed to pay, out of any money in the Treas claims before the Senate, this is one of them. ury not otherwise appropriated, to the Beaumont Export & Import Co. Mr. KING. Very well, I will withdraw the objection. for the Tampico Marine Iron Works, a foreign corporation, the sum of There being no objection, the bill was considered as in Com $2,573 in full settlement of all claims due the Tampico Marine Iron mittee of the Whole. Works by the Government of the United States for work on, repairing, The bill had been :reported from tbe Committee on Claims 1-aising, aud fttrnishing material for th~United States Shipping Board with an amendment, on page 1, line 6, to strike out '' $2,000" vessel Latham, during the year 1920, on presentation to the Secretary and insert in ·lieu thereof " $1,000," so as to lllake the bill read: of the Treasury. !rom the Tampico Marine Iron Works of an authoriza Be ft enacted, ·etc., That the Secretary of the Treasury be, and he .i!J tion for payment of said amount to the Beaumont Export & Import Co., hereby, authorized and directed to pay to Benjamin F. Spates, out of 1480 CONGRES8-ION .AL RECORD-SENATE JANU.ARY 14 any money in the Treasury not otherwise appropriated, the sum of would have received had he not been unjustly anested and dismissed $1,000 for a personal injury received by . him on September 17, 1885, from the Postal ~rvice on May _11, 1911, to the date of his ~tnstate- without fault or negligence on his part, while in the service of the ment on November 16, 1921, by Executive order. United States Government, performing labor at the Capitol. The biU was reported to the Senate without amendment, The amendment was agreed to. ordered to be engrossed for a third re-ading, read the third time, The bill was reported to the Senate as amended, and the and passE'd. amendment was concurred in. 0. H. CHRISP The bill was ordered to be engrossed for a third reading, read The bill ( S. 1113) for the relief of 0. H. Chrisp was consid~ the third time, and passed. ered as in Committee of the Whole. The bill had b~n reported BREWSTER AGEE from the Committee on CJ.ajms, with an amendment on page 1, The bill ( S. 1442) for the relief of Brewster Agee was con line 6, to strike out "$27,500" and insert in lieu thereof sidered as in Committee of the Whole, and was read, as fol: "$10,000," so as to make the bill read: lows: Be it en.acted, etc., That the Secretary of the Treasury be, and he is hereby, authorized and dirt>eted to pay to' 0. II. Chrisp, out of any Be it enacted, etc., That the Secretary of the Treasury be, and be is hereby, authorized and directed to pay, out of any money in the Treasury money in tbe Treasury not otherwise appronriate-d, the sum of $10,000, beiug damnges for personal injuries due to the nl'gligence of the not otherwise appropriated, to Brewster Agee the sum of $2,500, as Director Generai of ~ail roads . on ;January 17, 1!H9, at Crawfordsville, compensation for loss by death of her husband, George L. Agee, ldlled Ark. by United States soldiers during a riot at Griffin, Ga., on or about March 8, 1899. 'l'be amendment was agreed to. Ur. BRATTON. l\Ir. President, I would like to a!:lk the Se~a~ Mr. HARRIS. 1\lr. President, a similar bill has pas.. ·ed the tor from Arkansas if the proper procedure would not be to re Senate ·several times previously providing for $5,000 instead move the statute of limitations and let the man ...:ne in the court.s of $2,500. The reason why, in introducing the bill, I fixed the for recovery of the amount claimed rather than to appropriate it amount at $2,500 instead of $5,000 is becau~e. at the l~st ses out of the Treasm·y of the "United States? sion of Congress the House Committee on Claims appomted a Mr. CARAWAY. His c-ause of action would be against the subcommittee to consider the matter, and they agreed to ap Railway Administration, which has gone out of existence. prove the payment of $2,500 instead of $5,000. There is nobody for to sue. Inasmuch there i~ no ques I happen to be· familiar with the· claim. I know _the widow llim as tion about·the-extent· of his- injury or the· jm~tness ·of hi!;;- ~lo.im, ~d know all about the matter. I know the doctor who made it· was the belief of·the committee that he ought to be paid, and the affidavit that death. was . caus~ fr~m this wound. The ·they finally· fixed -upon this mnount. He -had a ·judgment for · aoctor is one of the- leading doctors m the South. :Mr. JONES. ·r.rt. President, I note in· the' report -that the $27,500 and it was re\'ersed solely u),lOn· ·the ground that the suit · death of this man did not oecur llntil 11 years ·after the acci ought to have been against tbe Railway Administrntion. · There dent. Can the Senator state the clla·r·acter or- nature of the ·was· no question about ·the liability. Mr. BRATTON; Let me-make a -further inquiry- of- the Sena wound? · tor. Has the Railway Administration-expi-red for all purposes? Mr. HARRIS. ··He was shot in· the stomach and was v~ry Is·it not·in force-now for some purposes"! badly bent· over . for 11 years as a result of the wound. He ·· :Mr. CARAW AT. I would say that I do not think it is for any happened to live in· the town in which I reside. purpose at all. Mr. JONES. The Senator knew him and knows the circum· l\Ir. BRATTON. I was under the impression that it was con- · • stances? tinued for the purpose of being sued upon old daims. I may ' Mr. HARRIS. I know all about the case and I llave talked be in error. with the doctor about i,. 1\lr. CARAWAY. The Senator may be correct and I may be Mr. JONES. The Senator is satisfied that his death was in error. really the result of this accident? 1\Ir. BRATTOX Is it a unanimous report of the committee? Mr. HARRIS. The ablest doctor in the State made an affi~ , . 1\Ir. CARAWAY.- . It "is. davit to that effect. . Mr. BRATTO.N. I have no objection to the passage of the 1.'he bill was reported to the Senate without amendment, bill. ordered to be engrossed for a · third reading, read the third time, The bill was reported to the Senate as mnenrled and "the and passed. amendment ·was concurred in. HE'IRS OF GEORGE E. TAYLOR 'l'be bill was ordered to be eng-rossed for a thUd reading, read The bill ( S. 1358) for the relief. of the -heirs- of George E. the third time, and passed. Taylor, deceased, was announcetl as next in order. REFUND OF ESTATE TA.X TO EUGENE DU PO~T l\Ir. KING. Mr. President, I would like to have a statement of the matter from the Senator fl·um Arkausas [Mr. CARAWAY), Tl.te bill ( S. 341) for the refund Of E:'State tax erroneously who reported the bill from the Committee on Claims. collected was considered as in Committee of tlic Whole, and Mr. CARAWAY. Mr. President, the bill was introduced by was rend, as follows : the Senator from Virginia [1\fr. SWANSON]. A postal employee Be it eMoted, etc., That the Commissioner of Int~rnal Revenue is in the classified service was charged with embezzlement and hereby authorized and direded to receive, consider, and lletl'r~ine, in dismissed from the service. He was completely vindicated in accordance with law, but without regard to any statute of limitations, relation to the charge and was not responsible at all for the any claim ftled not later than stx: months after the p~sage of thi act. loss of the funds. He sought to be reinstated in his old place by Eugene du Pont, surviving executor of the will ot Amelia E. du Pont, of employment. He had been ·o employed for a long time and .late .of Christiana Hundred, New Castle County, Del., decensed, for the had no other means of livelihood and no -other calling or pro refund of estate tax erron~onsly colleeted from the estate of said fession. Amelia E. du Pont in 1918. He was dismissed in 1911. In 1921 by an Executive order SEC. 2. That the Secretary of the Treasury ls hereby authorized and' it was attempted to reinstate him, but he had then reached dit·ected to pay, out of any money in the 'l'reasury o:f the United Statf'!l the a ue of 65 years and was denied reemployment. His repu not otherwise appropriated, to said Eugene du Po.nt, surviving executor tatio; was blasted, his occupation was gone, his only means of tb~ will of the said Amelia E. du Pont, any amowtt allowed in tlte of earning a livelihood had been unjustly taken away from determination of any claim filed in accorclance with this act. him by the Government. and the committee thought that $-:1,000 Mr. KING. Mr. President, the Committee on Finance - bas was a very reasonable ~:urn in consideration of the humilia made yery liberal proviRion for the bringing of snits for taxes tion and disgrace and loss of employment he sustained, and erroneotL"lY coll€eted and has -been opposed to removing the reported favorably that amount. statute of limitations exeept in impodant ca:::es. I will ask tllE.' The PRESIDING OFFICER. Is there objection to the pres St-nutor from Delaware [Mr. BAYARD] to explain the rt-a:;on for ent consideration of the bill? thi:'-l appan•nt excf'ption to the general rule. There being no objection, the bill was considered as in C<>m ~Ir. BAY..lRD. Mr. President, the rea ·on why this dO{'S not mittee of the ·whole, and was read as follows : appeal to the Senator, apparently, is because it The PRESIDING OFFICER. Is there objection to the con B..ARBY SIMPSON sideration of the bill? The Chair hears none. The question The bill ( S. 1362) to extend the benefits of the employees' is on agreeing to the amendment of the committee. compensation act of September 7, 1916, to Harry Simpson was The amendment was agreed to. . considered as in Committee of the Whole, and was read, as . The bill was reported to the Senate as amended, and the follows: amendment was concurred in. The bill was ·ordered to be engrossed for a third reading, read Be it enaeted, etc., That the United States Employees' Compensation Commission shall be, and it is hereby, authorized and directed .to extend the third time, and passed. to Harry Simpson, on account of the results of an injury sustained WILLIAM MORTESEN March 9, 1915, while in the performance of duty as an employee of the The bill ( S. 1.2-19) for the relief of William l\fortesen was navy yaxd at Norfolk, Va., the provisions of an act entitled "An act to considered as in Committee of the Whole. provide compensation for employees of the United States sufl'erin~ The bill had been reported from the Committee on Claims injuries while in the performance of their duties, and for other pur with an amendment, on page 1, line 6, after the words " sum poses," approved September 7, 1916. of," to strike out "$20,000" and insert "$1,000," so as to Mr. JONES. JUl.-. President, I should like a brief explanation make the bill read : of that bill. Be it enacted, etc., That the Secretary of the Treasury be, and he Mr. TRAMMELL. 1\Ir." President, I reported this bill on be is hereby, authorized and directed to pay, out of any money in the half of the Claims Committee. It seems that the claimant Treasury not otherwise apnropriated, to William Mortesen the sum was employed in the navy yard at Norfolk and suffered a very of $1,000 for assistance rendered to the United States Government severe injury on account of the falling of a 1,500-pound weight in land cases in Oregon. on his hand. Mr. KING. Mr. President. I should like to know whether the 1\Ir. JONES. The main point I had in mind was why it was Department of the Interior recommends payment, and if S?, necessary for us to pass this bill. Would not the claimant come upon what theory, and what services were rendered by this under the terms of the employees' compensation act? claimant? Mr. TRAl\IMELL. At the time the acci{}ent occurred the law The PRESIDING OFFICER. The Chair is unable to inform was not in operation, but it was put in operation very shortly the Senator. thereafter. The Secretary of the Na"Vy, upon consideration or 1\fr. KING. Turning to page 3 of the report made by Judge the case and the serious injury which resulted to this man, Finney, the Acting Secretary, I ·find this language: handicapping him because of the fact that all of his fingers were removed as a result of the accident, said that this was such a The agent, as you see, thinks the Government would be justified in case that he thought an exception should be made, and he paying Mr. Mortesen something, say, $500, because of his services and recommended that the bill be passed. because it would encourage others to render the Government assistance Mr. JONES. It is all right so far as I am concerned. tn such cases. I am constrained, however, to the conclusion that the The PRESIDING OFFICER; Is there objection to the con precedent which would be created by the passage of this bill would sideration of the bill? The Ohair hears none. result, not in benefits but in most injurious consequences, both to the The bill was reported to the Senate without amendment. Government and to the citizens of the public-land States. I therefore ordered to be engrossed for a · third reading, read the third time, conclude that the bill in question should not become a law. and passed. I object to the consideration of the bill . .ALBERT WOOD . The PRESIDING OFFICER. Objection is made, and the The bill ( S. 1217) for the relief of Albert Wood was an bill will be passed over. · nounced as next in order. GROVER .ASHLEY 1\fr. KING. 1\ir. President, I note the concluding paragraph The bill ( S. 1121) for the relief of Grover Ashley was con in the report of the Postmaster General, found on page 3 : sidered as in Committee of the Whole, and was read, as The action taken was strictly in accordance with the law and the follows: terms of Mr. Wood's contract. It is believed, therefore, that this Whereas Grover Ashley was a private in the Eightieth Field Artillery, claim is without merit. American E.xpedi tionary Forces ; and I think the bill had better go over. Whereas while under arrest he was relieved of a sum of money The PRESIDING OFFICER. The bill will be passed over amounting to $815.15 by officer of the day, Second Lieut. Charles S. under objection. Allen; and ELIZ.ABEYI'H B. EDDY Whereas said officer either stole said money, or permitted it to be The bill ( S. 457) to carry into effect the finding of the Court stolen : Therefore of Claims in the claim of Elizabeth B. Eddy was. considered as Be it enacted~ etc., That the Secretary of the Treasury be, and he is in Committee of the Whole, and was read, as follows : hereby, authorized to pay, out of any money in the Treasury of the United States not otherwise appropriated, to Grover Ashley the sum ot Be it enacted, etc., That the Secretary of the Treasury be, and he is $815.15. hereby, authorized and directed to pay to Elizabeth B. Eddy, ·widow of Charles G. Eddy, of Nh York, N. Y., the sum of $602.92, and the - The bill was reported to the Senate without amendment, said sum is hereby appropriated, out of any money in the Treasury not ordered to be engrossed for n third reading, read the third otherwise appropriated, for the purposes of this act. time, and passed. The preamble was agreed to. The bill was reported to the Senate without amendment, ordered to be engrossed for a third reading, read the third time, JOHN F. AND MARY L. WHITE and passed. The bill ( S. 1133) for the relief of John F. White and Mary M. ZING.ARELL AND WIFE L. White was considered as in Committee of the Whole and was read, as follows : The bill ( s. 496) for the relief of 1\f. Zingarell and wife, Mary Alice Zingarell, was considered as in Committee of the Be it enacted, etc., That the Secretary of the Interior is hereby ·whole. authorized and directed to ascertain and determine the claims of John F. The bill had been reported from the Committee on Claims White and Mary L. White, of Riverton, Wyo., for compensation for with an amendment, on page l, line 6, after the words " sum alleged damages and injuries to the property and persons of said claim of," to strike out "$12,000" and insert "$1,140," so as to make ants and their children sustained in an automobile accident on August 7, the bill read : 1918, in the Shoshone and Arapahoe Indian Reservation, Wyo., and to certify to Congress the amounts so determined, if any, as just claims Be it enacted}, etc., That the Secretary of the Treasury be, and he is for payment out of appropriations that may be made by Congress hereby, authorized and directed to pay to M. Zingarell and his wife, therefor. Mary Alice Zingarell, out of any money in the Treasury not otherwise appropriated, the sum of $1,140, to reimburse the said M. Zingarell and . 1\Ir. KING. I move to amend the bill by striking out, on lines wife for the taking by the United States, in September, 1917, of three 11 and 12, the words " for payment out of appropriations that certain lots, namely, lots 9, 10, 11, in block 502-B on Furnace Hill, may be made by Congress therefor." Sheffield, Ala., and the loss sustained thereby, said lots being included The PRESIDING OFFICER. The question is on the amend in the site required in the building of an experimental nitrate plant, ment offered by the Senator from Utah. and which said three lots were taken without adequate reimbursement The amendment was agreed to. to the owners thereof, said M. Zingarell and wife, Mary Alice Zingarell. The bill was reported to the Senate as amended, and the amendment was concurred in. The amendment was agreed to. The bill was ordered to be engrossed for a third reading, read The bill was reported to the Senate as amendedj and the the third time, and passed. · amendment was concurred in. 1928 CONGRESSIONAL RECORD-SENATE '1485 The bill was ordered to be engrossed for a third reading, The Chief Clerk read the bill, as follows: read the third time, and passed. Be it enacted, etc.,. That the Secretary of the Treasury be, and be is ELLA H. SMITH hereby, authorized and directed to pay to Josephene M. Scott, widow The bill (S. 1120) for the relief of Ella H. Smith was con of Harry Scott, of Opheim, Mont., out of any money in the Treasury sidered as in Committee of the Whole. not otherwise appropriated, the sum of $1,000, to reimburse her for The bill had been reported from the Committee on Claims the loss of a valuable r egistered Percheron stallion, the death of which with an amendment, on page 1, line 4, after the word "pay," was caused by a test for dourine made by Dr. Perry Zenor, a veteri to insert " out of any money in the Treasury not otherwise ap narian and representati>e of the Department of Agriculture. Dropriated," so as to make the bill read : Mr. KING. Mr. Pre ident, we have had a large number of Be it enacted, etc., That the Secretary of the Treasury be, and he Is claims against the Government for the alleged negligence and hereby, authorized and directed to pay out of any money in the Treas incompetency of the experts and doctors and ·veterinarians ury not otherwise appropriated, to Ella H. Smith, postmistress at of the Department of Agriculture. I wonder if there is any Wynne, Ark., an office of the second class, the sum of $3,700, which way by which this can be avoided and whether the Government amount was lost by burglary without fault of hers, and which she is liable for these accidents. Why does not the Department of repaid to the Government. Agriculture employ competent men? As I recall, the Senator from Virginia [Mr. GLAss] had some The amendment was agreed to. difficulty and had to prosecute a case in the courts, and did . .1\Ir. KING. l\lr. President, will the Senator from Arkansas show negligence. He brought an action against either the State explain whether there was any negligence on the part of this or the negligent veterinarian. I repeat, we are having these claimant? claims against the Government constantly because of the negli .1\Ir. CARAWAY. There was none at all. She was a widow, gence and incompetency of these people ; and it is conceded, as aml gave her entire time to the post office. I understand, that the department's own employees are negli The bill was . reported to the Senate as amended, and the gent and incompetent, or else we would not be responsible. amendment was concurred in. · I would like some explanation as to why the Government . The bill was ordered to be engrossed for a third reading, should pay or what steps are being taken by the Department of read the third time, and passed. Agriculture to protect the Government against the incompetency RICHARD RIGGLES and negligence of its pwn employees. The bill ( S. 2363) for the relief of Richard Riggl~s was con The PRESIDING OFFICER. Is there objection to the con sidered as in Committee of the Whole. sideration of the bill? · The bill had been reported from the Committee on Claims .1\Ir. KING. I object. with an amendment, on page 1, line 5, after the words. " sum The PRESIDING OFFICER. Objection is made, and the bill of," to strike out " $3,000 " and insert " $500," so as to make will be passed over. the bill read : .Mr. WALSH of l\Iontana subsequently said: 1\Ir. President, when Senate bill 1542 was reached, objection was made to the Be it enacted, etc., That the Secretary of the Tt·easury be, and he is consideration of it by the Senator from Utah [Mr. KING]. I hereby, directed to pay, out of any money in the Treasury not other trust he will withdraw his objection. The only fault he finds w~se . appropriated, the sum of $500 to Richard Riggles, in full pay with the measure is ·that it is founded upon the negligence of an ment for injuries sustained by him on the 6th day of February, 1885, officer of the Government. The beneficiary of the bill is the while in the discharge of his· duties at the navy yard, Washington, \vidow of Harry Scott, who owned a very valuable stallion. A re_sulting in the loss of his right leg. rt-presentative of the Bureau of Animal Industry went to see 1\Ir. JONES. Mr. President, it seems strange to me, if this the stallion for the purpose of testing it for some contagious man lost his leg without any fault on his part, that the com diseast-, and so handled the case that· the stallion died. This mittee should cut this amount down to $500, and I should like official was required to give the stallion a certain test under a brief explanation of the bill. the law. The committee finds that he was negligent in making Mr. BRUCE. Mr. President, the bill was introduced by me. the test, and the stallion died. Why should the estate of that The committee cut it down because $500 was the amount that poor man have to bear the loss of that valuable animal under would have ·been paid to the claimant had the accident taken those circumstances? place after May 30, 1908. Mr. BRUCE. Mr. President, if the Senator will permit me, Mr. ROBINSON of Arkansas. Mr. President, as I under I may say that there is a very valuable precedent on which he stand, the committee allowed this man a year's compensation? can rely in this connection, with which I happened to be familiar Mr. BRUCE. It allowed him the usual amount. I am not some years ago. An agent of the Department of Agriculture asking for an increase. went to Laurel, Md., and he handled various disinfectants in Mr. ROBINSON of Arkansas. Which is what would have such a way as to kill some cattle. Claim was presented for been allowed him under .the compensation act? their value, the claim was thoroughly considered, and was al Mr. BRUCE. That is the point. lowed, and passed both the House and the Senate. Mr. JONES. Five hundred dollars would have been his year's Mr. WALSH of Montana. I do not see why it should not have compensation? been. Mr. BRUCE. Yes. He got $1.60 a day. Mr. ·BRUCE. The owner of the cattle was made good for The PRESIDING OFFICER. The question is on agreeing their loss. to the amendment of the committee. Mr. KING. Mr. President, may I say to my friend from -The amendment was agreed to. Montana that my objection was more for the purpose of eliciting The bill was reported to the Senate as amended, and the information as to what steps are being taken by the Agricultural amendment was concurred in. Department to purge itself of these incompetent and negligent The bill was ordered to be engrossed for a third reading, officials. We are having claims presented here at every session read the third time, and passed. for large damages because of the negligence of officials of the MINTA GOIK.E department. I am wondering why the Department of Agricul ture does not get competent men instead of these incompetent The bill ( S. 516) for the relief of Minta Goike was consid persons. ered as in Committee of the Whole, and was read, as follows : Under the statement of the Senator, I am inclined to think Be it enacted, etc., That the Secretary of the Treasury be, and be is that the Government ought to make payment in this case, and if hereby, authorized and directed to pay to Minta Goike, from any funds the Senator from Montana will join with other Senators in not otherwise appropriated, the sum of $100, expenses incurred by her trying to· protect the Government" by haviilg some legislation in going from Memphis, Tenn., to Jefferson Barracks, St. Louis, M:o., passed that \Yill compel the Department of Agriculture to etn and returning, for the purpose of having her son, Sergt. Bruce L. ploy competent veterinarians to handle these cases, I shall be Crossley, properly buried. • very glad to cooperate with him. 1\lr. WALSH of Montana. I shall be very glad to join with The bill was reported to the Senate without amendment, the Senator in any legislation that seems necessary ; but, of ordered to be engros ed for a third reading, r ead the third time, course, the Government mu t choose its agents, and we have a and passed. Civil Service Commission that we entrust with determining the JOSEPHENE M. SCOTT qualifications of applicants for these position . I do not know The bill ( S. 1542) for the relief of J o ~ ephene 1\I. Scott was what else can be done. announced as next in order. · Mr. KING. A bill was presented here to-day which would Mr. JONES. Let the bill be read. involve the expenditure of many thousands of dollars, growing The PRESIDING OFFICER. The bill will be read. out of the negligence of these so-called public officials. LXIX--94 1486: CONGRESSIONAL RECORD-SENATE JA...'{U.ABY l4 The PRESIDING OFFICER. Is there objection to the con place subject to the exclusive jurisdiction of the United States, withili sideration of Senate bill 1542? the exterior boundaries of any State, such right of action shall exist There being no objection~ the Senate, as in Committee of the as though the place were under the jurisdiction of the State within "Thole, proceeded to consider the bill. whose exterior boundaries su.ch place may be; and in any action · The bill was reported to the Senate without amendment, brought to recover on acc_ount of injuries sustained in any such place ordered to be engrossed for a third reading, read the third time, the rights of the parties shall be governed by the laws of the State and passed. within the exterior boundaries of which it may be. GUNNISON-MAYFIELD LAND & GRAZING CO. Mr. ROBINSON of Arkansas. I think there should be a~ The bill ( S. 1856) for the relief of the Gunnison-Mayfield explanation of the bill. Land & Grazing Co. was considered as in Committee of the Mr. WALSH of Montana. A similar bill has passed the Sen Whole, and was read, as follows : ate many times, at lea,gt three or four, but for some reason or: other it has not succeeded in securing the approbation of the Be it enacted, etc., That the Secretary of the Interior is hereby House. It is intended practically to make the application of authorized in his discretion to accept title to the following-described what is known as Lord Campbell's Act to places within the lands either in whole or in part upon ascertainment that said lands exclusive jm·isdiction of the United States. are equal in value to the lands to be given in exchange therefor : The Practically every State now bas given a righ"t of action to· south half of sections 1 and 2, township 20 south, range 2 east of the the legal repre entatives of the dependent relatives of one who Salt Lake guide meridian, and to issue to the Gunnison-Mayfield Land has suffered a death by reason of the neglect or wrongful act & Grazing Co., a corporation, in lieu thereof patents to the following of another, there being no such reeovery, it will be recalled, at described areas or to such part thereof as is approximately equal in common law. value to the lands conveyed : The southwest quarter of the northwest There are a great many places in the United States under quarter of section 22, the southeast quarter of the northeast quarter, the exclusive jurisdiction of the United States-the national the northwest quarter of the northeast quarter and the northeast quar parks, for instance. If a death should occur within those ter of the northwest quarter of section 21 and the north half of the places, within the exclusive jurisdiction of the United States, northwest quarter of section 33, township 19 south, range 2 east, and there would be no right o:t recovery on the part of the repre lot 4 and the north half of the southwest quarter of section 3, the sentatives or dependents of the person who thus suffered death northeast quarter, the southeast quarter and the southwest quarter of as a result of the wrongful act or neglect of another. section 4, the southwest quarter of the southeast quarter of section 5, In the State of the Senator I suppose a right of action is the east half of tbe northeast quarter and the east half of the southeast given by the act of the Legislature of the State of Arkansas · quarter, the northwest quarter of the northeast quarter and the south to the representatives of one who thus suffers, but if the west quarter of the southeast quarter of section 8, township 20 soutb, death occur within the Hot Springs Reservation, being entirely. range 2 east, Salt Lake meridian: Pro~Ji(led, That the lands conveyed within the jurisdiction of the United-States, no recovery coul~ to the Government shall thereupon become parts of the Manti National be bad, because recovery can be had there only by virtue of Forest and subject to all laws and regulations applicable thereto : the laws of Congress. The same applies to the Yellowstone 1Provided turtner, That patents be issued only on the 8Urlace rig,bts of National Park in Wyoming and the Glacier National Park inl any of said lands which are included in coal-land withdrawal. Montana. The bill was reported to the Senate without amendment, Mr. ROBINSON of Arkansas. This act would make the· ordered to be engrossed for a third reading, read the third State law applicable? time, and passed. Mr. WALSH of Montana. It would; so that if under the lam JAMES B. FITZGERALD of Arkansas a right of recovery could be had if the death oc-, The bill (S. 1114) for the relief of James E. Fitzgerald was curred outside of the national park, the same right of action considered as in Committee of the Whole. would e:xi t if it oceurred in the national park. The bill had been reported from the Committee on Claims Mr. BRUCE. In other words, as I understand it, it is iii with an amendment, on page 1, line 5, to strike out " FJ " and tended to meet the common-law principle that a personal action: insert in lieu thereof " B," so as to make the bill read: dies with the death of the person? 1\Ir. WALSH of Montana. Exactly. Be it enacted, etc., That the United States Employees' Compensation Mr. ROBINSON of Arkansas. I haTe no objection. Commission shall be, and it is hereby, authorized to extend to James The bill was reported to the Senate without amendmE>nt,. B. Fitzgerald, a former employee in tbe Postal Service, the pr_ovisions ordered to be engrossed for a third reading, read the third of an act entitled ".An act to provide compensation for employees of the time, and passed. United States suffering injuries while in the performance of their duties, WRITS OF ERROR and for other purposes," approved September 7, 1916, compensation . The bill ( S. 1801) in reference to writs of error was con hereunder to commence from and after the passage of this act. sidered ·a in Committee of the Whole, and was read, as follows: The amendment was agreed to. Be i t e-nacted, etc., That the writ of error in cases, civil and criminal., The bill was reported to the Senate as amended, and the is aboliBhed. All relief which heretofore could be obtained by writ of amendment was concurred in. error shall hereafter be obtainable by appeal. The bill was ordered to be engrossed for a third reading,_ read SEC. 2. That in all cases where an appeal may be taken as of right the third time, and passed. it shall be taken by serving upon the adverse party or his attorney of The title was amended so as to read: "A bill for the relief of record, and by filing in the office of the clerk with whom the ortler James B. Fitzgerald." appealed from is entered, a written notice to the effect that the appel· 1 AIRPLANE ACCIDENT AT MOUNDSVILLE, W. VA. lant appeals from the judgment or order or from a specified part The bill ( S. 1164) to provide relief for the victims of the thereof. No petition of appeal or allowance of an appeal · shall be r~ airplane accident at Langin Field, Moundsville, W. Va., was quired: Provided, hotoeur, That the review of judgments of State courts announced as next in order. of last resort shall be petitioned for and allowed in the same form as Mr. KING. Mr. President, :p1ay I ask whether this bill pro now provided by law for writs of error to such courts. vides for the payment of the same amount to the representatives Mr. WALSH of Montana. I may say that this is a bill recom of each decedent? I should like also to ask what is probably mended by the American Bar Association for the purpo. e of the amount involved. The bill seems to place all decedents in simplifying tbe practice of getting appeals into the Supreme the same category, and the right of relief to the repl·esenta Court of the United States. tives of each decedent in the same category. May I have some The bill was reported to the Senate without amendment, explanation of this bill? I do not want to object to it. Is the ordered to be engrossed for a third reading, read the third Senator from Kansas familiar with the bill? time, and passed. Mr. CAPPER. I am not. I think it would be better to have the author of the bill here when it is considered. FANNIE M. HOLLL.'\TGSWORTH Mr. KING. Let it go over. The bill (S. 1795) for the relief of Fannie M. Holling worth The PRESIDING OFFICER. The bill will be passed over was considered as in Committee of the Whole, and was read, as without prejudice. follows: ACTIONS FOR DEATH OR PERSONAL INJURY Be i t enacted, etc., That the Secretary of the Interior is hereby au thorized and empowered to grant permission to Fannie AI. Hollingsworth The bill (S. 1798) concerning actions on account of death to divert, through a l-inch pipe, for use for domestic purposes and or personal injury within places under the exclusive jurisdic- fire protection on the property hereinafter del?cribed, water from a tion of the United States was considered as in Committee of spring in a westerly direction from the said property approximately the Whole, and was read, as follows : 450 yards, the said spring being the only one witbin such distance of Be it enacted, eto., That in the case of the death of any person by the bouse on the said property, which is described as follows: Lot 4 of ;the neglect or wrongful act of another within a national park or other section 15 in township 33 north of range 18 west of the Montana prin- 1 1928 CONGRESSIONAL R.ECORD-:SENATE 1487 eipal meridian, in .Flathead County, State of Montana, containing ap law if the proceeds of sales, as I said, were immediately in proximately 11 acres, according to the Government survey thereof, vested in other American-built ships. subject to such conditions as the Secretary of the Interior may pre We passed another income tax law in 1921, and the Internal scribe and subject further to the right of said Secretary to terminate Revenue Bureau held, and I think correctly, that by that act, any permit granteq hereunder when, in his judgment, the particular water the act of 1918 ceased to exist as such, and that therefore the shall be needed by the Government in the administrati-on and protection intended privilege that should go to shipowners for the 10- of Glacier National Park. year period from the date of the enactment of the merchant The bill was reported to the .Senate without amendment, or marine act could no longer be enjoyed. dered to be engrossed for a third reading, read the third time, The purpose of this legislation is to carry in to effect the and pas ed. clear intention in the merchant marine act of 1920, namely, JURISDICTION OVE& OIL A YD GAB LEASES that for the period of 10 years following the enactment of the law vessel owners who thus reinvested the proceeds of the sales The bill (S. 1959) to transfer to the Secretary of the Navy of their ships in other American-built ships should have that jurit:diction ova· oil and gas leases, issued by the Secretary of advantage. I might say that the matter was first brought to the Interior on lands in naval petroleum reserves, was con my attention by the former distmguished Secretary of War, sidered as in Committee of the Whole, and was read, as fol the Hon. Newton D. Baker, who has given the matter much lows: study, and was very much interested in the passage of the Be it enacted, etc., That jurisdiction over and the administration and bill. enforcement of all oil and gas leases on lands in naval petroleum 1\Ir. BRUCE. l\Ir. Presidt>nt, as I undt>rstand the object of the reserves issued pursuant to the provisions of section 18 and section bill, it is to relieve shipowners who fall within that cla s of 18 (a) of the act approved February 25, 1920 ( 41 Stat. L. 437), entitled income tax upon the gain on resales? "An act to promote the mining of coal, phosphate, oil, oll shale, gas, Mr. WILLIS. Precisely. The original act proYided that the and sodium on the public domain," are hereby transferred to the Secre- proceeds when invested in other ships s.hould be exempt from tary of the Navy. .. the provisions of titles 1, 2, and 3 of the act of 1918. It is a The bill was reported to the Senate without amendment, or mere technicality. I think the bureau was absolutely right in dered to be engrossed for a third reading, read the third time, its decision; but we want to carry into effect, if we can, the and passed. original purpose of the act. JAMES E. VAN HORNE Mr. SMOOT. Mr. President-- The PRESIDING OFFICER Doe· the Senator from Ohio The bill (S. 601) for the relief of James E. Van Horne was yield to the Senator from Utah? considered as iri Committee of the Whole, and was read, as Mr. 'VILLIS. I yield.· follows: Mr. SMOOT. Was this ever referred to t~e department? Be it enacted, etc., That the Secretary of the Treasury be, and he is 1\Ir. WILLIS. It never was. hereby, authorized and directed to pay, out or any money in the Mr. SMOOT. Does the Senator know anything about how Treasury not otherwise appropriated, to James E. Van Horne, bailiff much is involved in it? of the United States District Court for the District of New Jersey, the Mr. WILLIS. I am glad the Senator asked that question. It sum of $507, on account of services rendered as bailff of said court. was the opinion of the members of the committee that that was The bill was reported to the Senate without amendment, not a matter which concerned the department. Congress passed ordered to be engrossed for a third reading, read the third time, the act of 1920, making a very clear, definite statement of pur and passed. pose. The question is, Do we want to abandon that or not? It G. W. ROGERS seemed to the members of the committee that the purpose should be carried into effect. The bill ( S. 2365) for the relief of G. W. Rogers was consid Mr. SMOOT. I would like to know how far this goes, and I ered as in Committee of the Whole, and was read, as follows: can not say just offhand whether it is legislation that ought to Be it enacted, eto., That the Secretary o the Treasury is authorized be approved, in my opinion. I do not say that it i · not, but I and directed to pay, out of any money in the Treasury not otherwise want the bill to go over to-dar, and I will look up the details appropriated, to G. W. Rogers, former captain, Quartermaster Corps, and learn more about it. I do not want to have it passed to-day. United States Army, the sum ot $400, representing the amount of Mr. WILLIS. Very well. deductions, during the months of May, June, July, and August, 1919, The PRESIDING OFFICER. The bill will be passed OYer. from his pay as captain, Qtlartermaster Corps, toward the settlement of AGRICULTURAL EXTE~SIOX WORK a shortage in his accounts as disbursing officer in France during the period from December 23, 1918, to April 26, 1919, such shortage having The bill ( S. 1285) to provide for the further deYelopment of been subsequently credited in his accounts by certificate of settlement agricultural extension work between the agricultural colleges No. M-19682-W. in the several States receiving the benefits of the act entitled "An act donating public lands to the · seYeral States and Terri The bill was reported to the Senate without amendment, tories which may proYide colleges for the benefit of agriculture ordered to be engrossed for a third reading, read the third time, and the -mechanic arts," approYed July 2, 1862, and all acts and passed. supplementary thereto, and the United States Department of REDUCTION IN CERTAIN TARIFF SCHEDULES Agriculture, was announced as next in order. Mr. SMOO'r. I would like ro have some t>xplanation of the The resolution ( S. Res. 52) favoring a reduction of tariff bill, because it seems to me that there is a large amount of schedules and the consideration of tariff legislation at the money involved in this. It may be perfectly justified, but I want present session of Congress was announced as next in order. to hear some explanation of it. The PRESIDING OFFICER. Being the unfinished business, Mr. CAPPER. I think perhaps it would be well to have the the resolution will go over. bill go over, because the committee haS' had quite an extensive EXEMPTION FROM PAYME~T OF INCOME TAX hearing, and the hearing has not yet been printed. The printed The bill (S. 789) to amend the merchant marine act, 1920, report will probably be here Monday or Tue. day. approved June 5, 1920, by insuring the exemption f1:om income Mr. SMOOT. I have received numerous telegrams and lct taxes during the 10-year period there provided of profits on ters for and against the subject matter of the bill. I do not the sale of certain ves els when the proceeds of such sales are know that they refer to this particular bill, but they refer to invested in new American vessels approved by the Shipping the same subject matter. I really do not think the measure Board, was announced as next in order. ought to be passed with no discussion whateYer. Mr. KING. May we have some explanation of the bill? The PRESIDING OFFICER (Mr. WILLIS in the chair). The Mr. Sl\fOOT. I ask that it go over. bill will go over, under objection. Mr. WILLIS (Mr. McNARY in the chair). l\fr. President, I THE TARIFF AND AGRICULTL'RAL RELIEF desire very bdefly to explain the bill, which has been reported The PRESIDING OFFICER. The hour of 2 o·cl(){'k haying unanimously from the Committee on Commerce. arrived, the Chair lays before the Senate the unfinished The situation giving rise to the necessity for this bill is as business. follows : The original merchant marine act of 1920 provided The Senate resumed the consideration of the resolution (S. that when a vess~l owner sold a ship, and immediately re Res. 52) submitted by 1\Ir. :dfaMASTER, favoring a reduction of invested the proceeds of such sale in other ships built in tariff schedules and the consideration of tariff legL·lation at th~ American shipyards, the provisions of the then income tax law, present session of Congress. namely, the act of 1918, titles 1, 2, and 3, should not apply. Mr. ROBINSON of Arkan as. l\lr. President, I ask unani In other words, as an encouragement to the American merchant mous consent that the unfinished business be temporal'ily laid marine, shipowners should be exempt from. the income tax aside for the p~rpo e of completing the calendar, and that we 1488 CONGRESS! ON AL RECORD-SENATE JANUARY 14- recur to Order of Bu 1ness 26, Senate bill 2032, for the relief The PRESIDING OFFICER. Without objeetion, it is so of certain officers and former officers of the .Army of the United "Ordered. States, and for other purposes. The article· is as follows : Mr. CURTIS. I have no objection. [From the .Washington Evening Star, January 13, 1928] The PRESIDING OFFICER. Is' there objection to the re quest of the Senator from .Al·kansas? The Chair hears none, ATTACK ON JUDICIARY FEATURES COURT TRIAL--PRISONER REFUSES TO and it is so ordered. PAY FINE AFTER CONVICTION ON TRAFFIC CH.ARGil Traffic court became a forum for a dissertation on the alleged cor PUNISHMENT FOR FALSE REPORTS TO THE POLICE ruption of judges in general and several New York judges in particular Mr. ROBINSON of .Arkansas. Mr. President, there is but when Charles Bright, of New York, was arraigned yesterday afternoon one bill remaining on the calendar that has not been called. before Judge Isaac R. Hitt on a charge of using a motor vehicle solely I ask that it may be stated under the unanimous--consent agree for the purpose of advertising. He was convicted and fined $25, which ment. he refused to pay, evidently intending to serve a jail term instead. The PRESIDING OFFIOE;R. The bill will be stated. Alleging that the trial was a conspiracy to keep him from appearing The bill (S. 2277) relating to giving false information regard before the subjudiciary committee of Congress to air his troubles, and ing the c-ommission of crime in the District of Columbia was attacking John D. Rockefeller, Bright kept the court 'in a continual announced as next in order. uproar. He refused the assistance of coun ·el that the judge assigned The PRESIDING OFFICER. Is there objection to the pres.. to him, saying that he would defend himself. ent consideration of the bill? Bright said he is a member of the Equality League and that his 1\!r. BLE.ASE. Mr. President, I desire to offer an amend placarded automobile truck is for ,the purpose of disseminaUng its ment to the bill. In. line 6, after the word " Columbia," I move propaganda. On the truck are large signs ·denouncing the judiciary of to insert: New York and Rockefeller. And that all .officials of the District shall enforce all laws as to all Mr. BLEJ.ASE. I also ask that another arti~e may be printed persons alike, regardless of their citizenship. in the RECORD at this point entitled "HowardS visit car victim." The PRESIDING OFFICER. The amendment will be The PRESIDING OFFICER. Without objection, it is so stated. ordered. The article is as follows: The LEGISLATIVE CLERK. In line 6, after the word " Colum bia," insert the words: "and that all officials of the District ROW ARDS VISIT CAR VICTI:Y shall enforce all laws as to all per ons alike, regardless of their Traffic Director William H. Harland to-day took cognizance -of the citizenship," so as to make the bill read : traffic accident in which Henry A. IIoward, 14-year-old son of the British Be it ~cted, etc., That it shall be unlawful for any person or persons ambassador, Sir Esme Howard, drove the embassy car Saturday and willfully or knowingly to give, or send, or cause to be sent, or to make knocked down and seriously injured a 12-year-old girl. a false or fictitious report to the police of a commission of any crime The boy bas no driver's -permit. The regular chauffeur was by his within the District of Columbia, and that all officials of the _District side. His mother and father were in the rear seat: shall enforce all laws as to all persons alike, regardless of their citi Assistant Trame Director M. 0. Eldridge is preparing to-day a de zenship. Anyone violating the provisions of this act shall be Hable to tailed report of the affair. a fine of not less than $5 nor more than $100, or to imprisonment The question of diplomatic immunity in a case of this kind has never not exceeding 30 days, or to both such fine and 'imprisonment. arisen and the State Department has taken no action. Whether the fact that the chauffeur, carrying a permit and sitting next to the boy Mr. BLE.ASE. Mr. President, I noticed in this morning's at the wheel, complied with the traflc regUlations will be inquired tnto. ' Washington Post the following statement: The injured girl is Beatrice Mae De Forest, Mr. CURTIS. If this matter is ·to be discussed at length, (21) Maj. Wallace C. Philoon, Infantry, the sum of $4,945.G!, being would it suit the Senator td' have the bill go over until a the amount which he, as disbursing officer at Peking, China, creruted future day? his accounts for the loss resulting from exchanges between United States Mr. BLEASE. Absolutely. I merely wanted to get these and Chinese currency. matters in the RECoRD. It is perfectly satisfactory to me to (22) Lieut. Col. C. E. N. Howa rd, retired, the sum of $639.20, being have the bill passed over. the amount paid by him in June, 1917, to Findlay and Taylor Bros. on The PRESIDING OFFICER. The bill will be passed over. account of shipment of Government property and supplies to the Pershing Expeditionary Forces in Mexico. INVESTIGaTION OF SINKING OF "S-4" • SEC. 3. The Secretary of the Trea ury is authorized and directed to The joint resolution (H. J. Res. 131) providing for a commis pay, out of any money in the Treasury not otherwise appt·opriated, to sion to investigate and report upon the facts connected with the the following officers and former officers of the Army of the United sinking of the ·ubmarine S-.t,, and upon methods and appliances States the sums herein stated: for the protection of submarines, was announced as the last (1) Maj. Earl J. Atkisson, Chemical Warfare Service, the' sum of entry on the calendar. $500, to cover the loss of llis automobile shipped on a Government bill 1\Ir. CURTIS. I ask that the joint resolution may go over. of lading on Augm~t 30, 1917, and not subsequently delivered to him, · The PRESIDIXG OFFICER. Tlle joint resolution will be but later salvaged as Govemment property and sold for $291, which pa s8etl over. sum was deposited in the Treasury of the United States as miscellaneous . receipts. RELIEF OF CERTAIN ARMY OFFICERS (2) Maj. Delbert Ausmus (now captain), Coast Artillery, the sum of . Mr. ROBINSON of Arkan~as. :Mr. President, I now ask that $853.60, being the amount be bas refunded to the United States to we recur to Calendar No. 26, -the -bill ( S. 2032) for the relief cover the loss of public funds, for which he was responsible, stolen in of certain officers and former officers of the Army of the United February, 1920. States, and for other purposes. (3) William A. Bailey (formerly first lieutenant, Signal Corp~, agent When that bill was called its author was not present, and I officer), the sum of $936.16, being the a~ount he has refunded to tile myself was unfamiliar with its provisions. I understand tllat United States to partially cover the loss of public funds, for which he the Senator from Virginia [Mr. GLASS] is thoroughly familiar wa-s responsible, stolen between October 30, 1919, and Dece!Dber 20"- with the provisions of the bill and with a -similar bill which 1919. has lle1·etofore passed the Senate. (4) Capt. Ralph E. Bower, the sum of $1:35.10, being the amount Mr. GLASS. 1\Ir. President, as the report indicates, a similar he has refunded to the United Stat<'s to cover the loss by fire, on · or bill originated in the House of -Representatives and unanimously about March 6, 1920, of public funds for which he was responsible. passed the -Senate at its last session. (5) Capt. ·William Bowman, Quartermaster Corps (now warrant Mr. REED of Pennsylvania. Mr. President, will-the Senator officer) the sum of $450, being the amount he has refunded to the yield? United States to partially cover the loss of public funds, for . which he Mr. GLASS. Certainly. was responsible, lost in February, 1919. · Mr. REED of Pennsylvania. I understand . the bill. now on (6) Henry C. Chappell (formerly captain, National Guard, retired), the calendar i · in exactly the same form and contains no new the sum of $58.50, being the amount 'paid by him to va1ious newspaper items? companies for · advertisements published in May, 1017, soliciting enlist · Mr. GLASS. None at all. ments in the Quartermaster Reserve Corps. Mr. REED of Pennsylvania. It . is identical ''ith the bill (7) H. D. Cory (formerly captain, Quartermaster Corps) , the sum which we passed unanimously last year? . of $600, being the amount he has refunded to the United States to Mr. GLASS. Exactly. That is the full explanation of it. cover the loss of public funds, for which he was responsible, stolen There being no objection, the bill was considered as in Com between March 27, 1918, and May 4, 1918. mittee of the Whole, and was read, as follows: (8) Capt. Richard D. Daugherity, Fort y-eighth Infantry, the sum Be it enacted, etc., That the Comptroller General of the United States of $256.91, being the amount he has refunded to the United States to is authorized and directed to allow credit in the accounts of the follow cover the loss of public funds, for which he was respon ible, stolen on ing officers :1nd former officers of the Army of the United States in the December 7, 1918. sums herein stated which now stand as disallowances on the books (9) Maj. Charles B. Elliott, Infantry, the sum of $15.60, being the of the. General Accounting Office: amount he has refunded to the United States to cover the amount of (2) Herman H. Birney, jr. (formerly second lieutenant, Air Service), overpayments made by him, through a · misinterpretation of regulations, the sum of .$1,403.50, being the amount of public funds for which he to members of the National Guard of New Jersey from September 1, was accountable, lost or stolen on or about Dec~ber 1;1919. 1.916, to November 30, 1916. (4) Capt. L. C. Brinton (now major), Coast Artillery, the sum of (10) Capt. Lewis J. Emery, Quartermaster Officers' Reserve Corpl!l, $1,398.66, being the amount of erroneous payments made by him during the sum of $139, ·being the amount be has refunded to the United the summer · ot 1916 while acting as finance officer at Brownsville, Tex. States to cover the loss, through an tmavoidable accident, of public funds, for which lle was responsible, during the transfer of funds at (5J Col. Earl I. Brown, Corps of Engineers, the sum of ~9,341.35, being the amount paid by him in April, 1920, to the Sheridan-Kirk Cristobal, Canal Zone, on August 6, 1917. Contract Co., in connection with the construction of Lock and Dam No. (11) Joe P. Esslinger (formerly captain, One hundred and sixty 31, on the Ohio River, under contract dated November 6, 1912, and seventh Regiment, Infantry), the sum of $120.44, being the amount disf!llowed because the release, executed prior to such payment, termi he bas refunded to the United States to partially cover the loss of nating such contract prohibited such payment. publlc funds, for which he was responsible, stolen on or about August (7) Maj. Walter S. Dr·ysdale, Infantry, the sum of $5,162.58, being 9, 1918. • the amount which he, as disbursing officer at Peking, China, credited in (12) Capt. Thomas Feeney, Cavalry (now sergeant, detached enlisted his accounts for the loss resulting from exchanges between United men's list), the sum of $7.50, being the amount he paid on or about States and Chinese currency. November 29, Hl19, toward settling a claim for civilian clothing fur (8) Joe P. E slinger (formerly captain One hundred and sixty ished general prisoners upon their discharge at war prison barracks !levcntb Infantry), the sum of $499.56, being the amount of public funds No. 12, Fort Oglethorpe, Ga., in excess of the amount authorized for for which he was accountable, and which he had not refunded to the such Clothing at that time. United States, stolen on or about August 9, 1918. · (13) John H. Hall (formerly first lieutenant, Thirty-third Regiment, (10) Maj. William F. Grote, Quartermaster Corps (now colonel, re Infantry), the sum of $200, being the amount he has refunded to tired), the sum of $294.37, being the amotmt of erroneous payments the United States to cover the loss of public funds, for which he wu.s made by him as disbursing officer at Fort Sheridan, Ill., from October, responsible, lost by him on or about July 6, 1918, while crossing the 1916, to July, 1917. Aguadulce River, Panama. (14) Paul C. Hunt (formerly major, Adjutant General's Department), (14) Capt. John Heilich, Quartermaster Corps (now t echnical ser the sum of $1,177.54:, being the amormt which he, as disbur!:ting officer geant), the sum of $1,!>60, being the amount he bas refunded to the at Berne, Switzerland, credited in his accounts for the loss resulting United States to partially cover the loss of public fonds for which from the conversion of French francs into Swiss francs. he was responsible, stolen on or about December 10, 191!>. (19) Maj. F. G. Stritzinger, jr. (now colonel), General Staff, the (15) Kelson .Keys' (formerly second lieutenant, Infantry), the sum sum of $30.34, being the amount of overpayments made by him as dis of $238.75, being the amount he has refunded to the United States to bursing officer at Deming, N. Mex., in 1916. cover the loss of public fonds for which he was responsible, stolen on (20) First Lieut. W. W. Jenna, Infantry, the sum of $11,276.63, or about December 10, 1918. being the amount which be, while assistant United States military (16) Capt. James T. MacDonald, Quartermaster Corps, the sum of attach~ and acting quartermaster at Athens, Greece, and Belgrade, Yugo 39.33, being the amount he has refunded to the United Stat<'s to slavia, crP.dited in his accounts for loss reslflting from exchanges between cover the lo~s of public funds for which he was responsible, stolen on United States and local currency. about .Apl'il 8, 1920. CONGRESSIONAL RECOR,D-.· SENATE (17) Wiiliam D. Xicholas (formerly first lieutenant, Quartermaster SEC. 11. The Secretary of the Treasury be, and be is hereby, author Cor.ps), the sum of $226.84, being the amount he has refunded to ized ·and directed to pay, out of any t!l.oney ·in the Treasury not other the United Stb.t€s to cover the loss of public funds for which he was wise appropriated, to the estate of C. C. Splllcr, deceased, late of responsible, lost by the cashing of a check, on a forged indorsement, Hamilton County, Tenn., the sum of $8,000. for such am~mnt between May 2, 1919, and August 4, 1919. SEC. 12. The Secretary of the Treasury be, and he is hereby, author (18) Alexander Perry (formerly captain, Coast Artillery Corps), ized and directed to pay, out of any money in the Treasury not other the sum of ·$1,521.84, being the amount he has refunded to the United wise appropriated, the sum of $7,666.67 to Wynona A. Dixon. States to cover the loss on the United States Army transport Pt·incess SEc. 13. The Secretary of the TreasUI'y be, and be is hereby, author M'atioka between December 9, 1919, and January 31, 1920, of public ized and dire~ted to pay to Sargeant Prentiss Knot, administrator de funds for which he was responsible. bonis non cum testamento annexo of the estate of Haller Nutt, late (19) Capt. Talmage Phillips. Quartermaster Corps, the sum of of Natchez, Miss., out of any money in the Treasury not othel,'wise $4,727.57, being the amount he has refunded to the United States appropriated, the sum of $131,328. to partialiy cover the loss of public funds for which he was responsible, SEC. 14. The Secretary of the Treasury be, and he is hereby, author-. stolen at Gatun, Panama Canal Zone. ized and directed to pay to the legal representatives of Henry H. Sibley. (20) Charles F. Risler (formerly captain, Ordnance Depai·tment), deceased, the sum of $101,242.50, in full settlement of his claim agajnst the sum of $57, being the amount paid by him for adyertising, on July the United States for the use of a pateDted invention in the manu 7, 1019, the sale of surplus ordnance supplies. o(acture of a tent known as the Sibley tent. SEC. 4. The Secreta1·y of the Treasury is authorized and directed .SEc. 15. That the claim of the legal representatives of the estate of to ·pay, out of any money in the Treasury not otherwise appropliated, Alphonse Desmare, deceased, and the claim of the legal representative to the Berwind-White Coal Mining Co. the sum of $118.40. Such sum of the estate of Cyprian Dupre, deceased, surviving partner of the late represents the amount of the damages sustained by such company as a firm of Desmare & Dupre, for the net proceeds of cotton purchased o~ result of a collision between the United States Army chartered barge owneu by them, taken by the United States officers, sold, and the net Eureka No. 12, owned by such company, and the United States Army proceeds thereof placed in the United State Treasury be, and the same chartered tug Reliable, in Ne York Harbor, on August 23, 1918, due is hereby, referred to the· Court of Claims for determination of the to defective steering gear on such tug. law and the facts, under the act of Congress approved Murch 12, 18G3 • SEc. 5 . . The Secretary of the -Treasury is authorized and directed to · (12 Stat. L. 820), any statute of limitations, or the act of July 2, pay, out of any money in the Treasury not otherwise appropriated, to 1864 (13 Stat. L. 376), and all other nonintercourse laws, or section Clarence W. Hengen (formerly private, Machine Gun Company, One 179, Judicial Code, to the contrary notwithstanding, and report to htmdred and sixty-first Infantry), the sum of $55. Such sum repre Congress. · sents the amount of J)ay due the said Clarence W. Hengen as private, SEC. 16. That the claim of Louise St. Gez, executrix of Auguste and mailed to him on or about February 21, 1918, but which he failed Ferre, deceased, sm·viving partner of the la:te firm of Lapene & Ferre, to receive. for the net proceeds of the cotton ·purehased or owned by them, taken SEc. 6. The Secretary of the Treasury is author-ized and directed by United States officers, sold, and the net proceeds thereof placed in to pay, out of any money in the Treasury not otherwise appropriated, the United States Treasury, be, and the same is hereby, referred to to George G. Motter (formerly cqrporal, Company E, Three hundred the Court of Claims for determination of the law and the facts, untler and twenty-ninth Infantry), the sum of $50. Such sum represents the act of Congress ~pproved March 12, 1863 (12 Stat. L. 820), any the ·amount deducted from the pay of the said Ge-Orge G. Motter for statute of limitations, or the act of July 2, 1864 (13 Stat. L. 376), and the purchase of a Liberty bond which he has not received. all other nonintercourse laws, or section 179, Judicial Code, to the SE"c. 7. The Secretary of the Treasury is a"Uthorized and directed contrary notwithstanding, and report to Congress. ' to pay, out of any money in the· Treasm·y not otherwise appropriated, SEc. 17. That the claim of the legal representatives of Robert Dillon, to John Schlfiidt, of Fort Leavenworth, Kans., the sum of $216.75. deceased, for the net proceeds of the cotton pnrchased, or turned over Such sum is equitably due him on account of the cancellation by the to him, or owned by him, taken by United States officers, sold, and the United States on November 1, 1917, of a contract granting him the net proceeds thereof placed in the United States Treasury be, and the privilege of grazing stock on a certain portion of the Fort Leavenworth same is hereby, referred to the Comt of Claims of the United States Military Reservation for one year beginning July 1, 1917. · for determination of the law and the facts, under the a.ct of Congress SEC. 8. The Secretary of the Treasury is authorized and directed approved, March 12, 1863 (12 Stat. L. 820), any statute of limitations, to pay, out of any money in the Treasury not otherwise appropriated, or the act of July 2, 1864 (13 Stat. L. 376), and all other noninter to the following newspapers and publishing companies the sums herein course laws, or section 179, Judicial Code, to the contrary notwith stated; standing, and report to Congress: Pt·ovided, That the sum so paid shall (1) Ch'nrleston American, Charleston, S. C., the sum of $38.40. be in full settlement of all cla.i.ms and demands whatsoever growing out (2) Dispatch Printing Co., St. Paul, Minn., the sum of $60.48. of any judgment ·so re~dei"ed in said claim of Robert Dillon, deceased, (3) Evening Post Publishing Co., Charleston, S. C., the sthn of and in full of any claims and demands whatsoever growing out of Said $40.32. transaction, and that no interest shall be paid thereon. (4) Montgomery Advertiser, Montgomery, Ala., the sum of $16.75. SEC. 18. That the Secretary of the Treasury be, and he is hereby, (5) Newburgh News Printing & PubUshing Co., Newburgh, N. Y., authorized and directed to pay, out of any money in the Treasury not other~ise appropriated, to William Zeiss, administrator of William B. the sum of $27. (6) The New York Evening Journal, New York, N. Y., the sum of Reaney, survivor of Thomas Reaney and Samuel Archbold, the sum of $420. $34,161.63. SJCc. 19. That the Secretary of the Treasury be, and he is hereby, (7) Spokesman-Review, Spokane, Wash., the sum of $23.40. authorized and directed to pay to the Governor of the State of Mas a (8) Stivers Printing Co., Middletown, N. Y., the sum of $22.50. cbusetts, or his duly ·authorized agent, the sum of $233,885.82, out of (9) Times Publishing Montgomery, Ala., the sum of $4.69. C!., any money in the Treasury not otherwise. appropliated. {10) Trenton Times, Trenton, N. J., the sum of $13.44. SEC. 20. That the Secretary' of the Treasury be, and he is hereby, (11) Waterbury Republican, Waterbury, Conn., the sum of $22.50. authorized and directed to pay, out of any money in the Treasury not Such sums represent the value of the printing, done respectively by otherwise appropriated, to Edward I. Gallagher, administrator of the such new papers and publishing companies, of official advertisements estate of Charles Gallagher, deceased, of New York, the sum of• which were ordered without prior written authority from the Secretary $23,387.03. of War during the years 1918 and 1919. 'SEC. 21. That the Secretary of the Treasury be, and he is hereby, SEC. 9. The Secretary of the Treasury is authorized and directed to authorized and directed to pay to the city of Baltimore, State of pay, out of any money in the Treasury not otherwise appropriated, to Maryland, out of any m{)ney in the Treasury not otherwise appropriated, the following former enlisted men of the .Army, their heirs or assigns, the sum of $173,073.60. the sums herein stated : (1) Jose M. Caballero, the sum of $50. The bill was reported to the Senate without amendmen~ (2) Lloyd Cowles, the sum of $50. ordered to be engrossed for a third reading, read the third time, (3) Charles A. Goodman, $50. and passed. (4) Percy E. Leland, the sum of $100. Mr. CURTIS. The call of t11e ·calendar has been completed. (5) Luis Rosario, the sum of $100. The PRESIDING OFFICER. The call of the cnlendar has Such sums represent the value of Liberty bonds which were sub been. completed. scribed and paid for in full by the respective former soldiers, but never TAX REFUNDS received by them. Mr. HEFLIN. :Mr. President, I send to the desk a. resolution SEC. 10. The Secretary of the Treasury is authorized and directed which I ask to have read. to pay, out of any money in the Treasu1·y .not otherwise appropriated, The PRESIDING OFFICER. The resolution will be read, to Maj. Paul C. Potter, Infantry, the sum of .$572.11, being the ap as requested. praised value of personal property lost or destroyed at Plattsburg The legislatiye clerk read the resolution (S. Res. 110), as Barracks, N. Y., between the months of May, 1916, and June, 1919. follows: 1928 CONGRESSIONAL RECORD-SENATE 1491 Resolved, That the Secretary of the Treasury be, and he is hereby, have rapidly increased our sales to practically all non-European coun requested to furnish to the Senate a list, by States, of the names of tries in the face of the marked recovery of Europe's production and people to whom taxe have been refunded in the last refund of taxes export capacity. With prices on a somewhat lower level our exports made by the Secretary of the Treasury. to the entire world, apart from Europe, were 51 per cent greater in Mr. HEFLIN. Mr. President, I understand this list has been value in 1926-27 than six years before. Apart from Europe, Asia is the only continent to which our exports during this period increased by completed, but that it is not in the form whi~h I suggest in the resolution. It will not be long until Congress will be asked to less than 45 per ~nt ; the slower growth in the case of Asia is due appro-priate money to pay these refunds. If these names can be largely to the exceptional conditions in Japan and especially in China. submitted by States, it will be quite a convenient thing.for Sena It is encouraging to observe, however, that our sales to Asia have tors and for the use of the press. increased very matelially in the last two years. I ask unanimous consent for the present consider·ation of the " There is ev-ery reason to believe that American export trade will resolution. continue to grow along with the expansion of our production." 1\Ir. CURTIS. 1\Ir. President, we have not had time to study The same report presents statistics showing that in 1927 the value the terms of the resolution. I ask the Senator to let it go over of foodstuffs exported was 23 per cent less than in 1922, of raw mate under the rule, so we may look into it and see just what it rials 42 per cent more, but of semimanufactures 68 per cent, and of covers. finished manufactures 63 per cent more than in 1922. l\Ir. HEFLIN. It would not cost very much. 2. THE TARIFF HAS NOT BENEFITED .ALL MANUFACTURERS 1\lr. CURTIS. I ask that it go over under the rule. The report of the Commissioner of Internal Revenue for 1925 shows The PRESIDING OFFICER. The resolution will go over that in that year: under the rule. Of 5,479 corporations manufacturing textile and textile products, 1\Ir. HEFLIN. The Senate is going to be asked for about other than clothing, only 3,359, or about three-tiths, reported net $103.000,000 to pay these refunds soon, and if it were to cost a income. considerable sum to furnish the information in the form that I Of 6,792 corporations manufacturing clothing, 4,145, also about three have requested it would be money well spent. fifths, reported net income. 1\fr. CURTIS. I agree with the Senator, but the·chairman of Of 2,359 corporations manufacturing leather and leather products, the committee wants to ha-re an opportunity to study the reso 1,373, also about three-fifths, reported net income. lution. Of 21,529 corporations manufacturing metal and metal products, 1\Ir. HEFLIN. Very well; let it go over until Monday. 12,760 reported net income; again about three-fifths. The PRESIDIKG OFFICER. The resolution will go over On the other hand, many indiv-idual corporations, particularly large under the rule. ones, are malting enormous profits as shown by the increase in the CALL OF THE ROLL value of their common stock as reported in the New York Times 1\Ir. CURTIS. 1\Ir. President, I suggest the ab ence of a for 1927: quorum. The PRESIDING OFFICER. The clerk will call the rolL High Low The legislative clerk called the roll, and the following Sena tors answered to their names : American Bosch lV[agneto ______26~ 13 Bingham Fess La Follette Schall American Linseed ______------__ _ 72~ 20~ Black Fletcher McKellar Sheppard American Sugar Refining ____ ------95~ 65~ Blaine Frazier McMaster Shortridge Baldwin Locomotive __ ------_------______265% 143~ Blease George Mc:Xary Smoot Chrysler Corporation ______------_------63~ 38~ Borah Gerry Metcalf Steck duPont de Nemours------343,% 168 Bratton Glass Moses Steiwer Eastman Kodak __ ------175~ 126.)4 Brookhart Hale Neely Stephens 32~ 9~ Bruce Harris ~orris Swanson ~:~YE~~~~~~eb~~~~~~~~=::::::::::::~:::::::::::~:::::::::::: 155% 103 . Capper Harrison Nye Thomas Pressed Steel Car ______------78~ 36~ Caraway Hawes Oddie Trammell 70 45 Couzens Hayden Overman Tydings g~ft-:d'no~;'~~~i:~=-~~~--~~==~=:::::::::::::::::::::::::::: 10 3.J4 Curtis Heflin Pine Tyson Victor Talking Machine ___ ------54% 32 Cutting Howell Pittman Walsh, Mass. White Sewing Machine_------~ ------53~ 217";1 Dale Johnson Ransdell Walsh, Mont. United States SteeL ___ ------·------160~ 111~ Deneen Jones Reed, Pu. Warren Dill Kendl"ick Robinson, Ark. Waterman Edwards Keyes Robinson, Ind. Wheeler 3. FARMERS DO NOT SECURE BEXEFITS FROM TARIFFS Ferris King Sackett Willis The vigoroug campaign for " farm relief" legislation has been largely The PRESIDING OFFICER. Seventy-two Senators having based upon the conviction that the tariff upon most farm products, at an ·wered to their names, a quorum is present. least, is not effective, and can not be effective without a coordinnte and THE TARIFF AND AGRICl!LTL"'RAL RELIEF practically inclusive control by a Government or farmer controlled corporation to direct the marketing and export of farm products. Cer Mr. 1\"YE. Mr. President, I ask unanimous consent to have tain farm organizations ask in addition an export bounty out of the printed in the RECORD a brief prepared by Benjamin C. Marsh, Public Treasury to be paid upon farm products exported. managing director of the Farmers National Council, touching Either and both proposals are proof that a taritr of itself is not an upon the resolution affecting the tariff which is now before the advantage to farmers on most farm products which enter international Senate. commerce, and the producers of all farm products want to export part The brief is as follows : of them at least. 1. THE FORDNEY-M'CUliiBER TARIFF .ACT WAS E:'<.ACTED UI\'DER W.A&-TIME The criticism of the disparity between the rates upon farm products FEAR, .AND CONDITIONS HAVE CH.A:' 4, THE PRESENT TAJllFF IS CUTTINO OFF THE FOREIGN lrAltKE'P FOR FARM _5. LABOR G.lJTS A SMALLER PROPORTION OF TilE VALUE OF MA..."iUFACTUnES' PRODUCTS THA..."i PREVIOUSLY The Fordney-1\IcCumber Tariff Act was the first act in the drama Nearly every manufacturer asking for a protective tarit! or an :fn.. which signalizes the emergence of the United States as the world's crease thereof claims that it is necessary because labor is u chief or a1l gr·eatest industrialist and imperialist nation. The second act will be least important cost of production, and the standards of Amedcan wag~ the assumption by the international investment bankers o! c<>mplete earners must be maintained against the low wages paid b;y: foreign control of the Government of the United States. This is forecast by competitors. · the appointment and confirmation of Mr. Dwight W. Morrow as ambas Were that the case, wages paid in hlgh1y protected industries should· sador to Mexico to control and determine our policy toward Latin be an increasing proportion of the value of such protected manufactures. l Amelica and probably shortly to become an efficient Secretary of State The censuses of manufactures for 1921 anu 1925 show the reverse to b~ and control our entire foreign policy. true ; that wages constitute a smaller proportion of the value of general · groups of manufactures in 1925 than in 1921, the year before the In that order of society which will be fully operating in the . United Fordney-McCumber Act was passed. States within 5 to 15 years there will not be any place for the high For all manufactures wages were only 17.1 per cent of the total value production cost, inefficient farmer. He is doomed. "The Fordney-McCumber Tariff Act was passed not exclusively because in 1925 and 18.6 per cent in 1921. In textiles and their products the of the cupidity of manufacturers, but because, as indicated above, labor percentages were: 1925, 18.1 per cent; 1921, 21.1 per cent. The average wage was $1,108 and $976. ·feared the competition <>f European factory workers. The skilled and In iron and steel and their products, not including machinery, the·. astute general and investment bankers saw the opportunity to utilize percentages were: 1925, 19.8 per cent; 1921, 20.9 per cent. The average the huge manufacturing plant, constructed during the war, in order wage was $1,509 and $1,282. ·to meet the demands of a world under arms, to put the world under In metals and metal products other than tron and steel the pereent •debt to them as private bankers, as well as under debt to the Gov- ages were: 1925, 13.4 per cent; 1921, 18.3 per cent. The average wage! ernment of the United States. In six postwar years the total value was $1,421 and $1,209. of exports from the United States was over $12,000,000,000 more than In machinery, not including transportation equipment, the percentages the imports. American bankers loaned a major part of the funds to were: 1925, 24..4 per cent; 1921, 26 per cent. The average wage was enable poverty-stricken Europe to buy food and machinery for rehabili $1.,426 and $1,255. tation and recons·truction. In transportation equipment-air, land, and water-the percentages . America is pel'fectly equipped for this role. We originate <>r control were: 1925, 16.6 per cent; 1921, 19.6 per cent. The average wage was, two-fifths of the world's mineral resources, our people do about two respectively, $1.,622 and $1,456. : fifths of the world's work, and America has about two-fifths of the In every case labor received a materially smaller per cent of the . •world's wealth. value <>f the manufactures four years after the enactment of the ; Under this scheme of "America nber alles," however, there is no Fordney-McCumber Tarilr Act than the year before. rn not a single case; need for the export of farm products, not even to have America's re 1 w.as the average wage paid in any of these industries in 1925 within : quirements for foodstuffs, clothing, and forest products raised in $400 of the mtnimum requisite for an American standard of livin"' for .America. They are to be largely imported to pay part of the principal a family of four in any large industrial city. "' and most of the interest on the loans and surplus exports of American manufacturers. 6. LABOR GETS LOWER W"AGI!lS IN PROTECTED THAN NONPROTECTJCD The American farmer has been warned of this. INDUSTRlES Nearly four years ago President Coolidge stated that in a few Union wages are reported on an hourly basis for principal cities. years we should be an agricultural deficit-producing Nation. Tbe late The following annual wage for 1925 is ba ed on an eight-hour day and Secretary of Agriculture Wallace warned of the impending doom re 250 days' work a year, necessarily an estimate, except for the five groups of protected industries mentioned above: peatedly from 1922 to his death. Secretary Jardine recently said: Textiles and products------___ _ $1,018 1, 509 "]fll in all, agricultural exports are decreasing and other exports Iron and steel, except · machinery------=----== Meta~ products, other than iron and steeL------1,421 are of increasing relative importance, whether compared with total ¥achmerl, not including transportation ______1,426 exports of all products or with total domestic production." A r~nspor ation equipmeuL------1,622 3,320 Twenty-five years ago exports of farm products were about two . 2, 940 thirds of tbe value of all exports, but in 1926 the value of annual 1,466 products and of crops not fed, exported, was only 14.7 per cent of the 2,368 2,350 total value-about one-seventh-and was only 41 per cent of tbe 1,840 value of all exports-about two-fifths. 2,970 Farmers are not, as a body, highly efficient, and have little to gain 2,562 2,542 with our present fiscal policy and present production costs from greater 2,398 ~~~~~¥~~i~!!f~1=i~=~~:~~~~!ii~i~-Average Print!ng and publishing, book and job ______: efficiency with the present farm plant. • · 1,950 . The transferred position of crude materials and crude foodstuffs in Average printing and publishing, newspaper______2,260 imports and exports is shown by the following percentages for 11 1,298 1 1,656 months ended November, 1927: 2, 220 2,576 ~ ------~------1,870 Per cent ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 7, Ot::n PRESE:SCT TARIFF POLICY IS CREATING A.NTAGO:- PE.<.~NSYLV.ANIA With the triumph of Jefferson in 1800 the people entered upon their .Otis J. Pandei, Burnham. heritage, and then, lulled to sleep by a false sense of security, lost i~ to J obn K. Hagerty, Chester. the selfish interests that never sleep. When Andrew Jackson assumed Edward E. Fricker, Glenside. the leadership of his party, political power had been concentrated into the hands of a comparative few, acting under the inspiration.of the most Warren R. Grove, Greenca tie. Irene M. Tiffany, Hallstead. powerful moneyed institution that this Nation bad then known. This Bert D. Stephens, Nicholson. invisible government was dictating policies to the representatives of the people. It was maintaining a lobby here in Washington which had be David B. Seasholtz, N01·th Wales. Eberhard D. Smith, Sellersville. come more in:fluentlal in the molding of legislation than public opinion Maurice F. O'Connell, Susquehanna. or tbe President. Throughout the country it controlled to a consider ·wayne Elliott, West Chester. able extent the press and the agencies of propaganda. In almost every, Susanna S. Hartman, Yardley. city of any size it bad its so-called nonpartisan societies and clubs, - responsive to the ~11 of the financial dictator of the Nation. Through WISCO::'fSIN the instrumentality of the bank it coerced business men, dependent upon William Frankland, Montfort. credit, into the doing of its wm. Through the subserviency of the pro Nellie I. l\lcGill, Oregon. tected •industries it was intimidating toilers in elections. And by throw Fr·ank I. Conner, Sun Prairie. ing over the system the glamor of snobbery and by superciliously assum ing a superiority of culture it had seduced or dragooned a large part of the intelligentsia into its ranks. .SEN.ATE Thus the Jacksonians found ·the financiers against them, the bene ficiaries of governmental graft against them, the -greater portion of the ltfoNDAY, J anum-y 16, 19~8 pre s against them, a large per cent of the professional intellectuals ·(LegisZati'lJ"'e day ot Sa-turday, Jan·uary 14, 1928) against them; and against this combination, with an its money and prestige of power, Andrew Jackson led the people to a victory that The Senate reassembled at 12 o'clock meridian, on the expira literally preserved popular government for posterity and gave reality to tion of the recess. the Democratic philosophy of Thomas Jefferson. SENATOR FROM PE...~ TSYLVA~IA JACKSONIAN L111ADERSHIP 1\Ir. ROBL~SON of Arkansas. Mr. President, I present a And what sort of man was he who wrought this mil-acle 1 privileged petition, being the amended petition of William B. Born in poverty, educated in the university of experience, and obsessed \Vilson, contesting the seat of 'VILLIAM s: VARE in the United with a passionate faith in the people, he was eager to fight for the faith States Senate. I ask that the petition be referred to the Com- · that was within him. mittee on Privileges and Elections. He was un organization man who believed that the eJfect of a victory The VICE PRESIDENT. It will be so referred. should be determined by the men, down to the precinct workers and the district captains who had borne the brunt of the battle. CLAUDE G. BOWERS'S JACKSON DAY DL~NEB ADDRESS He·was too wise to enter a contlict wil:h enemies, spies, and traitors in l\lr. ROBINSON of Arkan&as. l\lr. President. I ask unani the rear. mous consent that there be printed in the RECORD an address He had no •patience with the timid or the time server, and he ordered by Mr. Claude G. Bowers, of New York City, delivered at the the Miss Nancys and the Sister Sues back with the scullions and the · Jack on Day dinner in this city on the 12th instant, on the cooks to make way for two-fisted fighting men upon the firing line. subject "Back to the fundamentals." His strategy or battle was to center upon a single issue, bru h all The VICE PRESIDENT. Without objection, it is so ordered. extraneous matter out of the line of march, and, the strategy determined. Mr. Bowers's address is as follows: to close debate and concentrate on victory. · Imagine if you can an lago insinuating himself into Jackson's camp BACK TO THE FUXDAME~T.ALS to propose the division of his army on evolution or the theory of l'ela One hundred years ago to-day conditions in America had created tivity and living to report progress to the enemy who sent him. a paramount issue--shall the government be restored to the people, He never fought with ping-pong stocks--he gave his men battle axes or shall it be made an instrumentality of monopoly for thQ exploitation and artillery. of the average man? One hundred years ago this year, Andrew Jackson He never soft-pedaled his !lPProach to conflict-he rode to battle rallied the people to a memorable battle for the preservation of popular waving a warrior's sword and shouting commands, and he rode at the government and the subordination of money to man. The people head of the column. responded, and Andrew Jackson won. And now, after just a hundred He never inquired whether a policy would be good for the North, years, that paramount issue is back again; and the times demand that South, East, or West, for he knew that were it really good it would be the party that Jackson led shall dedicate itself anew to the principles good for the masses of the people everywhere.· he fought for, and the policies he wrought for, and the victory he He fought the common enemy, he waged no civil wars. achieved. Under his courageou leader hip the jingle of golden coin could not When Andrew Jackson went forth to battle he unfurled no unfamiliar intimidate the army that he led, and the money barricades could not flag, but he marched under the battle-torn banner that was borne by stop it, and the macllinations of the enemy could not divide it, and thus Thomas Jefferson in his 12-year war to win a stake in government it moved to inevitable and im100rtal victories for popular government !or every man and woman in the Republic. and the economic rights of man. Thomas Jefferson is the founder and philosopher of democracy ; Andrew Jackson was the crusader and the sword. JACKSONIA:.J METHODS And in Jackson's day, with Jefferson tottering to his tomb at And bow did be do it? By giving the people a fundamental issue Monticello, the philosophy of Jefferson required no interpreter-he who that had a meaning at every fireside in every home in the country. ran could read. He stood primarily for liberty-liberty of speech, He pointed to the intrenchments of monopoly and be said, "We will liberty of the press, liberty in worship, and the greatest possible take that." He pointed to the growing power of privilege, and he said, liberty in action consistent with the preservation of stability and order. "We will end that." He calle.d attention to the increasing arrogance He stood for the conservation of the rights ot the States and local •of class rule, and he asked the masses to follow him to battle for the self-goverpment everywhere. restoration of a government of equal rights to all and spe.cial prlvlleges · lie laid it down as an axiom of freedom, that that government is to none. best which go~erns least-and that is sound Jeffersonian and Jacksonian Now it is not enough to arouse and mobilize the people unless they democracy to-day. He believed that governments are made for men, are given arms and ammunition and drilled to march all one way,
Congressional Reoord~Enate Senate
