CONGRESSIONAL .RECORD-SENATE. JULY 12 8936 ' By Mr. DYER: Papers fo a<;!company bill :i'.or pension for Mrs. Martine, N. J. Perkins Smith, S. C. Townsend Myers Pomerene Smoot Watson Catharine Hudson, of St. Louis, Mo., widow of the late John J. Nelson Rayner Stephenson Wetmore Hudson, who had served in the Marine Corps of the United Overman Sanders Sutherland Works States Navy; to the· Committee on Pensions. Swanson Also memorial of the Workingmen's Sick and Death Benefit ~:~~ter ~~~~~d. Thornton Associ;tion of America, Branch No. 71, of St. Louis, :Mo., against The PRESIDE~'T pro tempoi·e. Fifty-four Senators have passage of bills re.'3tricting immigration; to the Committee on answered to their names. A quorum of the Senate is present. Immigration and Naturalization. SENATOR FROM ILLIN'OIS. Also, petition of Slate and Tile Roofers Local No. 1, of the The Senate resumed the considerntion of Senate resolution ' International Association of America, favoring passage of the No. 315, submitted by l\Ir. LEA May 20, 1912, as follows: Clayton injunction limitation bill (H. R. 23635); to the Com- Resolved, That corrupt methods and practices were employed in the mittee on the Judiciary. . eiection of WILLIAM Lom rnn to the Senate of the United States from Also, petition of the Brotherhood of Locom?tive Engineers, the State of Illinois, and that his election was therefore invalid. favoring passage of the workmen's compensation act, etc.; to Mr. LORIMER. Mr. President, at the cl-0se of my remarks the Committee on the Judiciary. yesterday I was discussing ihe attitude of the custodian of all Also memorial of the house of delegates of the city of St. the morals of the country, both public and private, he who Louis, 'l\10., favoring resolution introduced in the United States would not have contributions from those who pe>ssess predatory Senate asking forfeiture to the United States Government of wealth. The malefactors of great wealth could not contribute the Merchants' Bridge across the :Mississippi Rtver at St. Louis; to any campaign for his benefit. But I find in an account in to the Committee on Interstate and Foreign Commerce. this morning's paper that the chairman of tile committee in By l\Ir. FULLER: Petition of the American Embassy As...<:o his campaign testified that $1,900,000 was contributed for his ciation favoring passage of the Sulzer bill (H. R. 22589) for campaign in 1904. Of course, that came from the common the co~struction of embassy, legation, and consular buildings, people, of whom this man is the great champion. No male etc.; to the Committee on Foreign Affairs. factors contributed in that campaign, no trusts, no combina By 1\Ir. GRIEST : Memorial of the Aero Club of Pen~syl.vania, tions of great '\r°ealth, only the common people, of whom he is favoring national regulation and control of the riavigation of the guardian. the air by all forms of air craft; to the Committee on Inter In concluding his letter to Col. Roose\elt, President Taft said state and Foreign Commerce. what I shall rend. By the way, may I not state here that this By Mr. GUERNSEY: Petition of the Yarmouth Board of letter was written on the 6th of January, 1911? The record in Trade, Yarmouth, Me., favoring the passage of a parcel-post this case, I am informed, was delir-ered to the document room bill · to the Committee on the Post Office and Post Roads. on the seventh day of that month, a day after the letter was By 1\Ir. MAGUIRE of Nebraska: Petition of citizens of first written, which to my mind would be evidence that any informa congressional district of the State of Nebraska, favoring pas tion which the President may have received on this subject sage of bill regulating express rates, etc. ; to the Committee on was from those who are supporting this prosecution. In con· Interstate and Foreign Commerce. eluding his letter to the Colonel he said: By l\Ir. MOORE of Pennsylvania: Memorial of the Aero Club I want to-win. So do you. of Pennsylvania, favoring regulating control of navigation of Win what? Win a contest? What ·sort of a contest? In the the air by all forms of air craft and the issuance of licenses open? A free field and a fair fight? Was the sword and shield by the Government to competent artators; to the Committee on handed to me, and was I then notified to defeo.d myself, that a Interstate and Foreign Commerce. battle was on? Oh, no; there was no opportunity, no knowledge By l\Ir. ROBINSON : Papers to -accompany House bill 25431, of what was coming; they were going to win, win, win. How? granting an increase of pension to Henry E. Everts; to the Sneak up like a thief in the dark, strike from behind with a Committee on Invalid Pensions. club in the back of the head, and destroy with no oppor By .Mr. RODENBERG: Memorial of 74 workers of Collins tunity to defend himself. And why, why all this? Why, Tille, Ill., against passage of bills restricting immigration ; to th~ for fear, said President Taft, that Senator BAILEY with his nn· Committee on Immigration and Naturalization. bounded logic and his matchless eloquence might plead the Bv l\Ir. RUCKER of Colorado : Petition of the Knights of St. dignity of the Senate of the United States. Cassimer's Society of Denver, Colo., protesting against the pas Oh, l\Ir. President, was mortal ever more completely sur sage of House bill 22527 for restriction of immigration; to the rounded by conspirators and inh·igue? The President of the Committee on Immigration and Naturalization. United States, William H . ~l'aft; Theodore Roosevelt, the ex Bv Mr. SA.BATH : Petition of Ilowmanian Lodge, No. 117, President of the United States; and the candidate of the Demo· and· Star Lodge, No. 59, Chicago, Ill., protesting against the cratic Party for President of the United States, William Jen· passage of House bill 22527 for restriction of immigration; to nings Bryan, the trust press of this country, all combined the Committee on Immigration and Naturalization. and joining in the conspiracy to misstate the facts, because By l\Ir. SLOAN: Memorial of citizens of Deshler, Nebr., favor they could not have known them unless they read the record ing prohibiting of denominational garb in Indian schools; to the and not one of these men ever read it. They joined with the Committee on Indian Affairs. trust press of this country to poison the mind of the citizen· By Mr. TILSON_: Memorial of citizens of Bridgeport, Conn., ship of this Union in order that one man might be de troyed against passage of the Burton-Littleton bill ~or celebrating ~00 to satisfy the malice of the most corrupt set of newspaper years of peace with England; to the Committee on Ind~strml owners known to the history of this country. Arts and Expositions. l\Ir. President, I do not claim that anything I have said on Also petition of the Hebrew Veterans of the War with Spain, this subject is evidence of anything. It does not prove that my protestlng against the passage of House bill 22527 for restric seat was not corruptly-secured, but surely it shows that the men tion of immigration; to the Committee 011 Immigration and who are prosecuting this case are capable of conspiring to do Naturalization. anything against anybody they want to desh·oy, even to taking a life. It is because I know these things, and because when the SENATE. attention of the Senate is called to them they are all beyond any question of doubt proven, not by my word, not by what I FRIDAY, July 12, 191~. say, but in the documents, in the photo~raphs, in the letters, · ( Oontinuation of legislative day of Sat1irday, July 6, 1912.) in the affidavits that I have presented in this discussion, and with that I think I ha\e said enough about those who are ba~ At 10 o'clock a. m., on the expiration of the recess, the Sen of and aiding in this prosecution. ate reassembled. Now, we will come to the Helm committee. Who is the Helm Mr. SMOOT. l\Ir. President, I suggest the absence of a committee? What is the Helm committee? Senators of tlie quorum. State of Illinois, think you? Oh, no. They were creatures of The PRESIDENT pro tempore. The Senator from Utah sug Gov. Deneen and the newspaper trust of Chicago. The. Helm gests the absence of a quorum. The roll will be called. Committee. Were they senators, dignified gentlemen, men who The Secretary called the roll, and the following Senators had opinions of their own, who acted as their consciences dic answered to their names: tated? Oh, no. The Helm committee was Herman Kohlsaat Ashurst Brown Culberson Gamble and the Record-Herald, representing Victor Lawson, the Tribune, Bacon Bryan Cullom Gardner Gov. Deneen, and .John .J. Healy. .John .J. Healy was one of Bailey Burnham . Curtis Gronna Borah Burton Dillingham Johnston, Ala. the counsel representing your committee in this case. I do Bourne Clapp Dixon Jones not want to be understood as criticizing the committee for Bradley Clarke, ArL Fletcher Lea if Brandegee Crane Foster Lorimer employing Mr. Healy, because there be a man in _Illinois Bristow Crawfor Hopkins, and that they did defer it until after the governor's made a dying declaration, and that is what I want especially contest was settled, which occurred on the 18th day of the to call to the attention of the Senate. I will ask permission to following March. That is what he testified to, Senator CRAW haye printed in the REconD all the portions that I will not take FORD. I was taught, from the earliest time I can rememwr, up the time of the Senate in reading, and I wil\ only read the when I sat beside my mother, that to act a lie was more heinous vital elements of bis dying declaration. than to tell one. While he did not deny my statement, he acted The PRESIDENT pro tempo.re. Without objection, permis in such a way and lie framed his response in such a manner sion is granted to the Senator from Illinois. as to gh·e the impression to any man who read the telegram Mr. LORIMER. I read from Joseph Clark's affidavit: that LoRThfER had lied when he made that statement upon the I am now a slck man, having been confined to my bed for the -past floor of the Senate. That can be 'found in the remarks of the 48 days, and may soon be called to the judgment bur of my God. Sena tor from South Dakota in the IlEOORD, made on the night he • * * • • • • made his famous filibustering all-night speech, talking about And I desire to state further, ns a further explanation, and ns I now feel this will he the last opportunity I m_ay have, and want this state· eTerything under tile sun except, for a .short tim~, the question ment to be a part of my affidavit : that was rea11y at issue in the Senate. • • • * • • Senators also complain because I did not discu s the re.cord. I desire to further state, and make it a part of this u..tlidavit, there lUay I not call the attention of Senators to the fact that there was no consideration of any kind from Ur. Lonnrnn or anyone l ·e on his behalf or for him made to me directly 01· indirectly, or nnv hope was no im·estigation open in the Senate, no investigation called of reward held out to me or anyone for me, that moved me fo cu t for, until I myself introduced a resolution, at least within three my vote for Senator LORIMER for 'nited States Senator-no promi e days of a month after the charges had been made in the news of post o.ffiee or anrthing els2-and I did not do tltis until J wns eou· vineed we, as Dem0erats, eould not elect -a Dem'.>crat; and I want to papers and after Lee O'Neil Browne had been indicted. Will say further, I consulted with my Democratic friend. and wns advised not Senators recall that from the day I introduced the resolu by them, if we could not elect a Democrat, to defeat Ilopkins at all tion until the Senate acted I never as much as raised my finger hazards, and whE.'n the opportunity came, and bein"' convinced we could not elect a Democrat and that we could defeat enator Ilopkins, so to convince any Senator that any te timony which was given cast my vote, and these considerations, and these onJy, moved me before the committee was not the truth? I concluded when and prompted my vote. that resolution was introduced that I would sit here and await • * * .. • * the deliberate judgment of the Senate and let them decide it As mRtters of this lifo stand now with me it matters but little to me whether the enemies of enator Lonnn.:n succeed i.D ousting him from without any discu ion of the facts from me; and that is why his seat in the United States Senate or not, or what becomes of the · I did not discuss the testimony. post-office fight in V:rn1ulia, Ill. I feel that I bave discharged my dnt1 But I feel now that my case is settled. Do what you may, m both matters and lt is for this purpo e and that the truth in both matters may be known I have caused this affidavit to be made. I want you can not set a ide the judgment that is written in the record to a'.id further \.hat this affidavit is made at my own request, and none of this body and can never be stricken out. I ooliev-e that other. becau e I haye a title not only of a certificate presented and That is the dying declaration of Joseph Clark. How he re accepted, but a title that has been challenged and declared ceiYed the affidavits I bave just stated. No man will ewr valid by this body, I am now justified in discussing this testi· convince me that any man on his deathbed, knowing as Joseph mony. Clark knew that his days would soon be numbered, would p1ead Now, it is stated that Joseph Clark must have receh·ed with anybody for an opportunity to perjure bis soul and sink it money, and, therefore, his vote was corrupt and should not be into damnation to help a man who had not requested his help. counted for LoRIMER. I received a letter from John A. Bing No, Mr. President, before I belic>e that I must understand ham, of Vandalia, Ill., on the second day of June, 1911, and I Christian people, and I must understand the Christian doctrine shall read only the pa.rts that are important. Referring to different tlian it was taught to me. All the suspicion that all Joseph Chrk, he says : the committees or parts of committees might cast upon the \Ote At the Tequest of Joseph Clark, I am writing this letter. I have of any man who had made in the closing moments of his life ju t come from his bedside, where I went a.t the request of Joe over the phone. a statement of that kind would not make me believe that when As I told you in Chicago when I last saw you, .Toe is not long for lie was going oefore his l\1aker he had perjured his soul. this world unles he improves rapidly. He has been confined to his Joseph Clark in a few days after passed away. So much for bed for two weeks steadily, and in bed more than half of the time since spring. the views of the minority with reference to Joseph Clnrk. Now to the question. To-day's Tribune contains the statement Now, for the insinuation; now for the innuendo. Luke has that Senator OWEN yesterday read three affidavits in the Senate made been referred to as one of the men who receiYed money, and by three citizens of Vandalia that Joseph Clark stated in their presence " that he said he voted for LoRIMElt on condition of controlling the all through the discussion of the Senator from Indiana [l\lr. po t-office appointment at that place," and that he, OWEN, did n.ot KERN] you will find Luke's name running. He uttered this want them to go into the CoNGRESSI-ONAL RECORD. sentence : · Ur. Clark want. you to give him the names of the "Vandalia citi zens" who made the affidavits that he may know ho they are. I do not know that I shall refer to Luke's testimony again Also copies of the affidavits, if you -can get them. Mr. Clark fn!orms me he never made such a statement in the presence of anyone; that Now remember. "Luke's testimony again"- he had no promi e -0f any kind from you -0r anyone for his vote for and therefore I will add here that Charles Luke is the man who has you, or any other consideration of any kind or chal'acter; that he since died. never had a conversation with you for months before the vote was taken, and about six hours afterwards, and then in the presence of Since when? Since he testified? What other impression can a room full of your friends. And he is ready to so state, and in his you have, because he states that he will not refer to Luke's testimony before the senatorial committee in Chicago did .swear· to these fads where same can be found. testimony again and that Charles Luke is tile man who bas Now, this part ot my letter is confidential. If you want the testi since died. I read from page 35 of Senator KERN'S speech. mony -Of .Joseph Clark for use on this or any other question, you Now, what is the evident purpose of making a statement of better serve notice and have it taken soon, as my judgment is Mr. Clark can not live long, and will not unless a change in his condition that kind? I can :find no other reason except to smear and comes soon. slime the record and create suspicion in tlle minds of Senators that Luke testified ancl that he did not believe him. Ile clas cd On the 19th of June the same gentleman sent me the following him among those, therefore, who had received a bribe. letter: Now, Senators, what are the facts? The first resolution that FRrEXD LORIMER: On behalf of Joseph S. Clark, of this city, I again write you. .Tune 3d last I wrote you-at Mr. Clark's reque t-asking was introduced in the Senate was on tile 2 th day of l\fay, you to furnish him the names of the citizens nnd copies of the three 1910, and I introduced it myself. Before the resolution was affidavits read by Senator Own~ to tbe Senate on the day previous, introduced Luke had gone to his Maker and he never testified charging that fr. Clark voted for you in consideration of naming the Vandalia (Ill.) postmaster. before this committee Qr any other committee. I challenge l\Ir. Clark is in a very dangerous condition at the \>resent, with here and now in the presence of the men who are to decide this little hope of his r'ecoyery, and wants to know before he dies who these ca e Senator LEA, Senator KERN, Senator KENYON, the men who citizens a1·e who made such affidavits. Can not you gratify the wishes of this poor dying man? He also signed the minority Yiews, to point out in any part of this record wants to aid you in any ay in his power. and if It is po ilile tbat be or the prenous record or any of the records that Luke e\'er tes may ha\e the opportunlty to record his affidavit or evidence absolutely tified in this case. denying the facts In thosn affidavits, be wants it don~. It would reliev~ his mind greatly to be given th~ opportunity. Cer· Mrs. Luke, the widow of Charles Luke, did testify. She tainly your tormentors are not so CAiloused as to deny the request of te tified in Chicago. She testified before both committees. She a dying ma.n. was asked if she had seen any money in the pos ession of her Then I sent him a telegram in which I stated that 1 had for husband. She said she had. She was asked the question how warded copies of the affidavits.. much, or was it $950? She answered that it was. She was Mr. President, it can be seen frQm those letters that they were asked the character ancl the denomination of the bil1s. She not secured for me; that they did not come as a result of any said she thought they were 20 bills. She was asked if he effort that I put forth to bring them here. They are requests recei'rnd it or if she saw it afteT he came back from St. Louis from a dying man who wanted to leave a record before he passed after he had received a telegram from Robert E . Wilson~ She to the kingdom com~ that bis t raducers lied about him ; and he testified, no ; it was before. She wns asked if he had been to I 1912. OONGRESSION AL RECORD- SEN ATE. 8939· St. Louis or Chicago before he received the money. Sb.e said, that argument, Senators who do not seem to care for the facts no ; he had not. would have made such a statement. So I will not go into the That is what she testified to before the committee in Chicago details as to those :members of the generai assembly. in the previous investigation. In this investigation she an l\Ir. President, as to the four so-called confessors, the four swered-and s1ie was a poor, weak, sickJy woman-that she men who are said to have been bribed to vote for LoBIMER, forgot whether it was before he went to St. Louis or not. But the first is Charles .A.. White. If you have any case here it must on cross-examination her testimony was read to her on the pre stand or fall on the statements of Charles A. White. I am not vious examination, and the question was asked, "Was your going into the impeaching testimony of all the witnesses to memory better then than it is now? " and she said it was. She prove the character of White and the many things that he said was asked did she tell the truth at Chicago· the first time, and and that he threatened to do to extort money from persons; she said she did. but I am going to call your attention to facts that, if true and There is the testimony-and the only testimony we have not disproven beyond any question of doubt, you may feel that ns to the money that she saw with her husband before he had you have a right to disbelieve White, even though everybody gone to St. Louis to meet Robert Wilson, and that he had here, no matter how he came here, must admit, because it is in neither been in Chicago nor St. Louis before she saw the $050. the record, that Charles .A.. White is a perjurer and that he ad Now, how does that tally with the insinuation of the Senat01· mitted under oath that he was a perjurer. that Luke testified, and that he would not talk about his testi What are the facts? When Lee O'Neil Browne was on trial mony any more, the inference being that it was so unbeliev in Cook County, what was the charge? He was charged with able that it was not worth talking about? bribing Charles A. White to vote for WILLIAM LOBIMEB for Jandus, the man who was in Broderick's saloon the day that United States Senator. He was not charged with paying money, Holstlaw called, also it was shown was buying property soon except as he paid a thousand dollars in three payments to after the election of Senator LoRIMER and paying out consider Charles A. White for his vote for WILLIAM LORIMER. The able sums of money, and that he had a large sum of money in State's attorney of Cook County centered all his energy around his vault at his office. Jandus testified that he bought prop- · that statement to prove that Lee O'Neil Browne had bribed erty in connection with other people; that he made from seven Charles A. White to vote for Loru:MER. .After the first trial to eight thousand dollars every year; that he was either secre they realized that they must prove that. To prove it they put tary or attorney, I have forgotten which, of somewhere from the Yarbroughs on the stand-the two brothers. Let me call 10 to 12 building associations. I have known Jandus since he your attention to this: • · was a boy. He is an industrious man. Jandus has been in the White had testified that Browne called him on the phone in real-estate business as an active 18-hour-a-day toiler all his life, his room between 11 or 12 o'clock, or some such hour, on the and he has been buying and selling and trading real estate all night of the 24th of May, and told him that he wanted to come his life. And because he joined with other people to buy farm to White's room; that he wanted to talk to him; and that he land, that is evidence that he was con·upted ! There is no did go there. When he arrived there it is claimed White was eviuence in the record here, there is no statement by anybody, there, Otis Yarbrough was there, and Sidney Yarbrough was cbarging Jandus with having been purchased to vote for LoBIMER. there; and that Browne made some jocular remark about three Then there is a lot more of what is termed to be circum sleeping in a bed. So well did they recall the det:a.ils that there stantial testimony, that Henry Shephard had a safety-deposit was no mistake about it. White said that Browne invited him box in the city of St. Louis, and that he was a banker, and be (White) to his room ; that he went there; that Browne asked cause he was a banker he ought to keep bis papers in his own him to vote for LORIMER; and without White asking him any Ynult at home in Jerseyville. thing about what he would get, Browne said, "It will not b3 I started out to be a banker when these conspirators started any chicken feed either." out to destroy me. I have been a poor sort of a banker since. The whole case in that trial depended upon whether or not We ha·rn a vault in our bank. Inside of that vault I have a White told the truth. White stated tha.t no other man previoUB little box. Nobody has Uie combination but my sons and myself. to that moment had asked him to vote for LoRIMEB; that he I hnye papers there. In the same building downstairs in the had never told a soul that be intended to vote for LoRIMEB · safety-deposit vault I have a box. The vault we haT"c is good and that he had never discussed it with anybody on the face of enough and secure enough to defy all the burglars in the world; the earth. The only person who ever talked to him about the but I also have a safety-deposit box in the safety-deposit vault matter, according to his statement, was Lee O'Neil Browne. downstairs. One of the largest banks in the city of Chicago Both of the Yarbroughs testified that they were there when occupied the space that we occupy now, and they, too, had a Lee O'Neil Browne called. safety-deposit box in which to store their valuables. Now, eliminate White, eliminate Browne-eliminate their It is pointed out as a suspicious circumstance that Thomas testimony altogether-and what do we find? First of all, we Tlppitt, the leader of the minority Democrats, had a safety find Representative Shaw, a Democrat, a constant supporter of deposit box. The evidence here shows that Thomas Tippitt had Senator Stringer and chairman of the committee of Democrats had the box since 1902. If you go through the list of the mem organized for the purpose of persuading Democrats not to vote bers of the general assembly, the average man in Chicago and for LonIMEB; he did not himself vote for LoRIMEB; it was his in lliinois-not the man of affairs, but the average man-you duty, as chairman of the committee, earnestly to work to de will find that he has a safety-deposit box. In Chicago we rent feat LoRilfER, to talk to every Democrat, and he testified them by the hundreds of thousands, and we are not millionaires now mark you-Sha.w testified, that he talked to White. He in that town by the hundreds of thousands. That insinuation is had reason to talk to him; it was his duty to talk to him; to poison the minds of the Senate and create a suspicion that and he has reason to remember his talk with him. He says, they rented these boxes to store away the corrupt money which three oi" four days or a week before LoRIMEB was elected White they received as a result of LORIMER's election. told him that if he got a chance to vote for BILL LoRIMER he Then De Wolfe and Wheelan and Blair, the latter seen at the would vote for him. Shaw tried to persuade him not to do so, ball park with hundred-dollar bills; it was said that one bought but White insisted that he would do so if he got a chance. a house and paid for it, and the other had money in the Bible Thaf was prior to the 24th day of May, about a week before at home. That }s taken as an evidence that they were corrupted LORIMER was elected. to vote for LORIMEa. John O'Neill, a labor leader from Chicago, known personally Why. Mr. President, if they had called in all the members of to White, a friend of White's, testified that he talked with the Illinois General Assembly and put them on the stand, I have White a week or more before the election of LoRIMER, and no doubt that they all would baye testified-those who voted for White told him-now mark you; remember that White said me and those who did not-that at some time, at some place that nobody ever talked to him; that the matter ne>er was they had money-twenty-dollar bills, fifty-dollar bills, hundred mentioned by anybody-but John O'Neill said that he talked dollar bills-and it is just as reasonable to assume or to in with White; and that White told him that he, as a Democrat, sinuate that the men who testified that they had money who would vote for LORIMER; that he was a member of the legisla~ did not vote for LORIMER received it corruptly because they did tnre; and his language was that "a good many of the boys"-· not vote for LORIMER as to a,ssume that those who had money, meaning the Democrats-" felt the same way about it." On who did vote for LORIMER, because they had money were cor Sunday morning, the 23d of May, in the city of Chicago, he told rupted to yote for LoBIMER. a street-car motorman named Gloss with whom he had worked Tbese ar~ all men ; they are all of age ; they all have families ; in East St. Louis and in O'Fallon that BILL LoRIMEB was going they all have to work for a living. Will anybody suppose that to be elected, and that he was going to vote for him. that was the only time in their history that they had bad There is no l'eason why these men should tell falsehoods. rrwney? Is it not just as fair to presume that the money they Nobody will challenge the statement of Representative Shaw. had 10 years ago was money they got on a promise to vote for I think every member of the com..u:littee, minority and majority, l.,i<>BIMEB 10 years hence? I b~lieve, if it was nec,essary to make believed eve:ry word that Sbaw said ; I believe every member of 8940 CONGRESSIONAL 'RECORD-SENATE. JULY 12, the committee believed every word that O'Neill said; and I MER, and I know, and every Senator here knows, that if Le.e belie-rn that every member believed what Gloss stated. O'Neil Browne could have been convicted it would have been Now, remember this, that the whole question turned on hard to make anybody believe that Lo&IMER had not bought his whether or not White told the truth when he stated that Lee seat or that somebody had not bought it for him, and with the O'Neil Browne was the only man· who e"°er talked with him conviction of Browne, that conviction would have been brought about voting for LoRIMER, and tl:fat Lee O'Neil Browne was the here to the Senate as evidence that LORIMER was here by cor only man whom he ever told he was going to vote for LoRIMElt. rupt methods and practices. That is on what they intended to The men to whom I have referred stated otherwise. In addi base the prosecution. They thought they had it closed up; they tion to that, I stated on the stand that Charles White, a week thought it was a closed book; that there was no doubt that Lee or 10 days before I was elected, walked up to me in the Housa O'Neil Browne would be convicted; that he could not escape. of Representati\es of Illinois and volunteered this statement: All the power of the third degree they knew would be brought " If your name is presented to the general assembly I will cast to bear by State's Attorney Waym.an; all the power of the gov my vote for you." ernor's office would be brought to bear by the governor. But I am an interested party. · I do not ask you to consider Lee O'Neil Browne was to be convicted. Where? Where the my testimony, but I am justified in assuming that you will con venue lay? Oh, no. He did not bribe White in Chicago. If he sider the testimony of men whom no one impeaches and whom bribed him to vote for LoRIMER he bribed him in Springfield. no member of the committee doubts. Yet they say.he paid him money in Chicago. I answer, then, it Now, I go a step further. These three men testified that the is stated that they paid him $100 in Springfield, and the venue Yarbroughs--the two of them-were in the room on the night was in Springfield, Ill., where, if there was a corrupt act, it of the 24th of May, when Lee O'Neil Browne called. That is a was performed. But what was the effort of the State's attorney circumstance through which they expected to prove that White of Chicago, and of the governor of Illinois, and of the attorney was telling the truth; and it had no other purpose, because they general? They were all lawyers. I am not. They knew where ga>e no other testimony with reference to that proposition. the venue was, but they were afraid of the State's attorney at Now, what does the record show? The record shows that Springfield, Ill. They knew, or at least they thought at that Sidney Yarbrough was not there, but that he was in the city time, that they could not depend upon him to apply the third of Chicngo on the night of the 24th of May. I will not go into degree, and Wayman sent White and Beckemeyer out of the the details of that. But if any Senator doubts the statement, State in order that they might not be subpcenaed by the State's I will do so, and prove it beyond any question of doubt, as this attorney of Sangamon County to go there and testify, and testimony does, that Sidney Yarbrough was in Chicago, in tile on their testimony an indictment be brought and the State's motorman's house, in bed, the night of the 24th of May. Does attorney of that county might prosecute Lee O'Neil Browne and any Senator misunderstand? He was in Chicago, not in Spring take him out of the hands of Wayman and the Tribune. field in Charley White's room. He went to Springfield on the How far did they go in their effort? They called in the attor night of the 25th on the Illinois Central Railroad, and rode on ney general of the State. They got him to commence proceed Charles A. White's. pass. That was testified to by the man and ings in Sangamon County, in the circuit court, to prohibit the the woman in whose home he slept that night. Nobody doubts State's attorney of Sangamon County from subpoonaing anybody that. There is not the remotest doubt in the mind of anyone before the grnnd jury to testify on matters affecting this case. who heard that testimony that Sidney Yarbrough was not ln The circuit court of Sangamon Cotmty refused to interfere. Springfield. The register in the hotel shows ·that only Otis These men were taken out of the State and kept out until Yarbrough and !'.Jharles A. White registered on that night at when? Until the Record-Herald and the Hearst papers made the St. Nicholas Hotel. Burke believe that the newspapers would make a great man How do we know that he went on the Illinois Central Rail of him. Re went to Chicago and visited all the newspaoers in road? Gloss, who had been Sidney Yarbrough's motorman, tes town. His picture was taken and put in the papers-but I will tified that he knew Sidney Yarbrough's handwriting. Sidney tell that story a little later on. Yarbrough had to sign the coupon on which he rode to Spring But, now, if Lee O'Neil Browne had been convicted in Cook field. Browne's lawyers sent to the railroad office, and there County, no lawyer will believe that he ever would have gone to were produced Charles A. White's coupons, 45 or 46 of them the penitentiary. At the end of the fight in Illinois, in the these were coupon passes-bearing on one side the date on appellate court or in the supreme court, or, if not there, here, which they were used; bearing the name of the person to whom where all men's libert-y is secure-in the Supreme Court of the issued on the other side. The 45 or 46 coupons were turned face United States-it would have been decided that the venue was down, leaving the signatures on the coupons exposed, and Gloss, not in Cook County but in Sangamon County; that even if Lee who had been Yarbrough's motorman, was called to pick out, O'Neil Browne was guilty the court had no jurisdiction, and he before he had previously had an opportunity to see them, those would have been dismissed. But meanwhile time would have coupons whlch bore the signature of Charles A. White written been consumed and the conviction of Browne would ha>e been by Sidney Yarbrough; and he picked them out. I have forgotten placed before the Senate and would have been cited as strong how many he picked out, but more than one; and when they proof that LoBrMER's seat was purchased and that Lee O"Neil were turned up it was found that one of them bore the date of Browne was a party to the purchase. l\fay 25, 1909, used 24 hours after Sidney Yarbrough had sworn Does the Senator from Missouri think that any man who has that he was in Charley White's room in Springfield when Lee the slightest respect for his own honor would stand by and O'Neil Browne called on the night of the 24th of May. permit these conspirators, through perjury and without right Now, are we to believe White, who swore that Sidney Yar of law, to send a man to the penitentiary because he was not brough was there? Are we to believe Otis Yarbrough, who able to employ counsel on account of his financial condition? swore Sidney Yarbrough was there as circumstantial testimony It would not only convict him unlawfully, but, in the minds of to prove White was telling the trutti? Are we to believe White the people, convict LORIMER of securing a seat here by bribery against Representative Shaw's testimony, John O'Neill's testi and corruption. · mony, the testimony of Gloss, who picked out the signature of That is all there is to the White story; there is the evidence, White that was written by Sidney Yarbrough? Are we to take all centered around the night of the 24th of May. If that be White's testimony as the truth and consider that these men are true, you have a right to believe it, and I say you have just perjurers, or will we believe these men whom nobody attempts as much right to believe White as Brown~, if you want to. to impeach? But no man has a right in deciding a case, either as judge or Now, as to the question of the Senator from Missouri [Mr. juror, to take the testimony of a self-confessed, time after time, REED], why did I loan or contribute-put it in any way you perjurer-a man who would sell his soul for money-'-against choose; put it in the most offensive terms that you can conjure the three other witnesses, Shaw, 0'.Neill, and Gloss. up; make it carry with it all the suspicion that innuendo and Take the testimony of Sidney Yarbrough offered as circum insinuation are capable of-why did I furnish money to aid Lee stantial proof-and, standing alone, it is convincing-against the O'Neil Browne in' his defense? statement of Mr. and Mrs. George Gloss that he was in their Does it take a man of superhuman intellect to understand? home on the night of the 24th day of May. You must believe No. I think anybody who wanted to understand could under that all these 1il1Cn, Shaw, O'Neill, and Gloss, and this good stand without an explanation. What was Lee O'Neil Browne woman, Mrs. Gloss, are perjurers and that Charles White tells on trial for? Corrupting Charles White? Oh, no. Giving the truth as against them, if you are to believe there is anything money to Charles 'Vhite? Oh, no; except as it was a circum in this case. That is all there is to the case. Settle that ques stance. He was tried for giving money to Charley White and tion in your own mind and you have settled it all. You do not bribing him to vote for LORIMER. That was the charge. And if need to go to Link ; you do not need to go to Beckemeyer ; you it is true, Lo&IMER has no place in the Senate. do not need to go to Holstlaw, when you have settled in your I know that Lee O'Neil Browne never paid out $1 for a mind that Charles White was not telling the truth about that vote for LORIMER. I know that the ~ate's attorney and the incident; then you must conclude that he was not bribed to vote Tribune and the governor were in a conspiracy to destroy LoBI- · for LoRIMER; that he did not receiye any part of the $1,000 to 1912. CONGRESSIONAL RECORD-SENATE. 894l \ cast his vote for LORIMER. I 'am not asking Senators to c00si To read this one would infer that from the beginning, or soon speak- for · LoRTMER, to carry out a bargain for LoRIMER. That after the organization of the legislature, LORIMER was guiding is what lawyers tell me it means. If that be so then tlie the acts of the legislature and that he was in close consultation evident purpose of putting that term into this statedient would . with the speaker and Lee O'Neil Browne. It naturally carries be to confuse and to create suspicion; but there is no evidence the impression that J..oRIMER and Browne were constantly in in the testimony which justifies that insinuation. consultation during the whole winter; but the record shows The agency of t}lese men is so thoroughly established that Senator that Lo.RIMER and Browne were not. There is no evidence even Lonn.r!'1n could reap no reward by virtue of their wrongful action with out bemg eqi:ally guilty and responsible for their wrongdoing. (Views to create the slightest suspicion that Browne and LORIMER were of the minority, p. 111.) in close consultation until some time in the neighborhood of two weeks before the election. That LoRIMER and Shurtleff Not his wrongdoing; not the singular, but the plural; not one were in consultation, close consultation, all winter is true. but both. There is not one scintilla of evidence. not the slight~ LoRIMER was at Springfield every week after the 12th day of est charge in this record that Edward Shurtleff is guilty of January. For what? Take the testimony of the governor of wrongdoing. "Their wrongdoing." If there were one mistake the §tate. He testified that almost every time he and LoRIMER one insinuation, one innuendo in the minority views I would talked they talked about the deep waterway proposition. I be willing to say that I believe it was an error in langungc; but testified that I was there every week in the interest of the deep when the record is deliberately misstated, when wrongdoinO' is waterway project. The Senator from Indiana pooh-poohs that pointed to on the part of some man without a line in the re;ord and passes it. over. He says there is nothing in that. Oh, no; to justify it, then I am compelled to believe that it had no other there is nothing in LoRIMER's interest in the deep waterwaY.; he purpose than to prejudice the _judges sitting in this ca e. never had been interested enough in the deep waterway to take Here is another statement-and oh, Senators, this is a vile him to Springfield; and yet the record shows that LoIUMER for insinuation, because it involves a man who is in no way con three years had attended every session ot the legislature in the nected with the case : interest of the deep waterway, first, to have the $20,000,000 con Mr. Hines went directly to bis bank, the Continental Commercial Na stitutional amendment passed, and, after it was passed, to go tional Bank, and after a conference with the president of the bank- there, as he went there that year, to make it effective by Listen to this language- _ legislation. after a conference with the president of the bank telephoned to Mr LORIMER, and later telephoned again, to either Mr. LORU!En or some one · Probably the Senator from Indiana has the idea that all else-- public men deyote their time to pulling down people and things " Some one else "-mind that-" some one else" and that none of them devote their time to building up. For 17 in Springfield interested in LORIMER's election. • • • years I ha•e devoted my time to the deep waterway project, not It is at le~st a remarkable coincidence that the election of Senator alone to speak at meetings, not alone to urge other people to join, Lonnrnn, which h~d ~een d_oubtful up to that time, followed almost im mediately after Hmes s visit to his bank and his telephone message to but to organize, and to pay out of my own pocket the ·expenses Springfield. of creating the organization, in 17 years amounting, in round Now, what is the purpose of that? Hines went to the bank figures, to more than $30,000, of which I hold receipts for more talked with the president, telephoned to Springfield, and Loru~ than $20,000-not aided by others, not contributed by others. was elected immediately after that. What is the natural in but out of my cwn pocket. If a man will spend on an average ference? That he went there, talked with the president, ar $2.000 a year out of his own money to create a sentiment in the interest of a great project, out of which ue can not hope to ranged for the money, called LoBilmn, and later some one else receive the slightest reward, is it not at least evidence ·to justify and then LoIUMEB was elected after the telephone messaO'e: the statement that I made that I had an interest in the deep What a vile thing that is. The president of that bank. the waterway project, and that it was important to me? If I had largest ~ank in Chicago, with the largest deposits of any bank in not been compelled to follow for two and a quarter years this the Umted States, a man of the highest reputation wbo was awful, bitter, vicious prosecution the deep waterway from the offered undei' this administration the position of S~cretary of Great Lakes to the Gulf of Mexico, I am sure, would have been the Treas~ry and refused it, respected by e>ery man in Chicago, legislated for for completion from the Lakes to the Gulf. not ~Y £:ie?d, but always on the opposite side in politics, and yet it is msmuated that the bank president and Hines talked it . I may not be able to aid further in constructing that mighty over; the money was arranged for; he telephoned to Springfield highway of commerce, but the work has not been in vain ; the to LoRIMER and somebody else. It does not say who the "some expenditure of personal funds has not been without reward, because, through the efforts o:Z the Lakes to the Gulf Deep body else " was, but the testimony shows that the " somebody Waterways Association, a sentiment in the country has been else" was Gov. Deneen. Gov. Deneen testified that he talked to. Mr. ~es over the telephone that morning, and that Mr. ~reated which has caused Congress thus far, before this year's river and harbor bill was passed, to appropriate, and the Gov Hmes delivered a message to him that I asked him to stop off ut ernment has expended $7,000,000 to regulate and control the Chicago and deli\er to the go,·ernor. because, if he did not de Mississippi River, which can be done beyond the slightest, ques liYer it to him there, it would have been too late when he aot tion of doubt with the proper appropriations and with the to Springfield, for I would either be elected or defeated by that known scientific methods. In that way the Mississippi can be time. controlled.' I may not be here, as I bad hoped to be when I Why was not the governor's name used. The expression began to make an effort in favor of this project, to see the " somebody else " was more suspicious. They knew the ""OV final completion and the deep-draft boats of .Lake Michigan ernor was not friendly to me on that day; they knew the gov traversing the Chicago Drainage Canal down into the Illinois ernor's testimony in the record; and they knew that if they River and off into the Mississippi'to the Gulf of Mexico; but ased his name his testimony would impeach the innuendo· an•l the work has been done. The people now realize the feasibility that is why it is put in that way in the views of the min~rity. and the :mportance of it to the commerce, not alone of the There is no other explanation fur it. and you are expected, Sena Mississippi Valley, but, with the completion of the Panama Canal, tors, to decide this case on that sort of information. You must to the cominerce and industries of the entire country. Whether depend upon these eight men constituting the committee. I LORIMER shall ever be heard of again, whether LoRIMER shall live know the general opinion of the people of the country is thnt to see the final completion, or to have aught more to do with every Senator and every Member of the House of Representa bringing it about, I have faith that the organization that was tives examines thoroughly into every question that is brought started will continue the work, and that this proposed great up for. disposal, but service here has demonstrated to me that highway of commerce will one day be a highway· in fact. that is absolutely impossible. We can not know all about every When the Senator from Indiana, in the language chosen by thing, and there never was a question submitted to the Senate himself, ~ · . tempts to make the Senate believe that that was not that involved so many different kinds of propositions and so of sufficient importance to LORIMER to cause him to go to voluminous a record as this. No man can understand the rec Springfield and .::tay there all winter, as he had stayed there ord unless he has devoted all of his time to an examination of many days before for the same reason, he indicates that he it; and therefore you must depend upon the report of ti.le com does not realize the length and breadth and magnitude and im mittee and their statement as to the facts to guide yonr action portance of the project, or that that is not his rule of labor. and to make up your judgment in this case. If Senators on the In the same connection the minority further say : committee will misstate the record, will deliberately insiuuate th;it things have occurred that have not occurred, what hope, And that he was in such close consultation with SpeakP.r Shurtleff and minority leader Lee O'Neil Browne as to justify the belief that what chance have you to know the truth in thls case? these men were bis agents and to warrant our holding him bound by The Senator from Indiana in his speech said that before he their actions. began to discuss the record be must set the stage- "His .agents!" What is an agent? Every lawyer knows Before introducing the actors In this drama, we should attend to tbe vhat "agent" means. We laymen do not fully appreciate the proper setting of the scenery and the anangements of tbc stage. Importance of tre word, but you lawyers know what it means. The stage, as everybody knows, is the realm of fancy, n1>t of It means somebody authorized to act, somebody selected to fact. He must show the condition ih the country; show that 1912.- CONGRESSIONAL RECORD-SENATE. 8943 we had an election; show that the Republicans had a small RECESS. majority to pass Republican tariff bills; that the people of the Mr. SMOOT. I move that the Senate take a recess until 2 country were all excited, and their eyes were on the Illinois o'clock this afternoon. Legisla tare, wondering whether they would send a protectionist, The motion was agreed to; and (at 1 o'clock and 10 minutes or at least what sort of man he would be and what sort of p. m.) the Senate took a recess until 2 o'clock p. m. views he would have, coming from Illinois. When he got the At 2 o'clock p. m., on the expiration of the recess, the Senate stage all beaqtifully set, full o~ all sorts of sce~ery, when. the reassembled. obser•ers set their eyes upon it ufter the curtam was raised, Mr. SMOOT. Mr. President, I suggest the absence of a there were so many things to look at that did not affect the quorum. case tllat the audience did not see the act. I would not think The PRESIDENT pro tempore. The Senator from Utah sug of putting the construction that I do on that sort of state· gests the absence of a quorum, and the roll will be called. ment but for the fact that the Senator's remarks are so full of The Secretary called the roll, and the following Senators an that kind of matter. swered to their names : Go to Illinois. The Senator said the Democrats wanted a .Ashurst Culberson La Follette Shively Democrat or they wanted an "insurgent" Republican, because Bacon Cullom Lea Simmons thev were for Democratic or the "insurgent" Republican views. Bailey Cummins Lippitt Smith, Ariz. Borah Curtis Lodge Smith, Ga. The Senator does not know the Democrats in Illinois, and he Bourne Dillingham Lorimer Smitil, Mie:h. does not know their views on the tariff question. There is Bradley Dixon Mccumber Smith, S. C. probably no man in Illinois better acquainted with the people Brandegee Fall Martine, N. J. Smoot Briggs Ii'Ietcher Nelson Stephenson in all parts of the State than I am myself. Surely, no man in B1·istow Foster New lands Sutherland my time has e>er been so close and so conversant ~ith the Rryan _ Gallinger Oliver Swanson Democrats of that State as I have been, and I make thIS state Burnham Gamble Overman Thornton Burton Gore Page Tiliman ment that if you put the question of tariff for revenue only or Catron Gronna Paynter Townsend a pr~tective tariff up to the Democrats in the State of Illinoi~, Chamberlain Guggenheim Penrose Watson the third State in industry in the country, and a great agn Clapp Johnson, Me. Perkins Williams Clark, Wyo. Johnston, Ala.. Hichardson culturnJ State-if you put up to the Democrats a question in Clarke,.Ark. Jones Root volYing nothing except a decision on the part of the Democrats Crane Kenyon Sanders in Illinois, whether they are for a tariff for revenue only or a The PRESIDENT pro tempore. Sixty-nine Senators haye protective tariff, I •enture the statement that the majority of answered to their names. A quorum of tbe Senate is present. the men that ne•er voted for anything but the Democrat ticket SEN ATOR FROM ILLINOIS. all their li•es. down to and including William Jennings Bryan, will yote for a protective tariff. That is Illinois. It may not The Senate. resumed the consideration of Senate resolution be the case in other States, but it is in Illinois. No. 315, submitted by Mr. LEA May 20, 1912, as follows: But the main purpose of stating this case as it was stated, Resolved, That corrupt methods and practices were employed in the election of WILLIAM LoRIMER to the Senate of the United States from the so-called setting the stage, was the fear that somebody the State of Illinois, and that his election was therefore invalid. might call attention to the fact that one member of the Mr. LORIMER. Ur. President, I wish to thank the Senate minority, Senator LEA, was elected by Republican votes-32 for the courtesy of the recess, as I was very much exhausted at Republicans and 34 Democrats-while LORIMER was elected the time it was taken and I now feel very much refreshed. by 53 Democrats and 55 Republicans, to try to make a re~ When I suspended my remarks I was just about to discuss a son for challenging the Illinois Democrats, and to make it portion of the speech of the Senator from Indiana [Mr. KERN] impossible to charge that there was anything going on in the and to call ihe attention of the Senate to this further insinua counj ry that would impel Republicans to persist in voting for a tion, and probably-oh, yes; I will say-it is the most vile in Republican in Tennessee, when they knew that there was no sinuation that has been made: po sibility of electing a Republican, and knew that they could I might cbserve here that this boy Mccann, who was then perhaps elect a Democrat that bad helped them to disrupt the Demo 16 years old, and probably 1,8 when he testified-though I am not sure cratic Party. as to that-has been provided for. He has been given a placl.' in the That is all there is to it-the setting of the stage-to cover sheriff's office in Sangamon County, Ill., just as Robert E. Wilson, that notorious member who paid out the jack-pot money at St. Louis, was, up the LEA RepubJican Yotes, to cover up the Tennessee bipar after his L-1famy was disclosed, given a lucrative position in the county tisnn combination, to make Senators forget it. clerk's office of Coolc County, which he now holds. And Senator Jandus, What are the facts in this case? Almost every Democrat the man who corroborated Broderick's testimony, which testimony is now conceded to be false, has been given a lucrative place in a county that voted for LORIMER was LORIMER's warm, close, personal office in Cook Cow::ty, which he now holds. It shows a method in friend. Almost every Republican that voted for Senator LEA taking care of witnesses here. It is the same method thlrt was pro was delivered to him by the leaders of the Republican organiza posed, as I shall sl:ow later on, by Lee O'Neil Browne with Charles A. White in order to quiet him when he began to show signs of recalci tion of that State and clid not vote for him for reasons of per trancy. sonal friendship, as was the case in my election. That is the in record in the case. It can be the only purpose of putting the Mr. President, !1' the above statement means anything con case in that way. nection with this case, it means that I have been sut>orniJ1g per jury. If that is the intent of the Senator from Indiana, I de I quote from Sena tor KERN'S speech : sire to characterize this statement in the only manner in which There is direct evidence to the effect that John Broderick bad told Hoistlaw, "If you vote foi· LORIMER, ther~ is $2,500 in it." There is it can properly be characterized-a deliberately false statement. evidence, further, that the $2,500 was Lorimer money. Suborning perjury is the insinuation; LoRIMER the guilty man. What are the facts? In the election of 1910 all the county Senat~rs, there is not one. word in the recol'd that justifies officers-the sheriff, the county treasurer, the clerk of the pro this statement. It can not and it will not be shown that "there bate court, the clerk of the criminal court, and the county is evidence, further," that it "was Lorimer money." commissioners-were elected, and every single one of them a What are you going to believe? How are you going to make Democrat, by all the way from 10,000 to 50,000 Democratic up your mjnds? How are you to know how to vote on this majority. Who were the men occupying the positions in those question, if this is the statement made by a member of the c;ffices prior to that time? Many of them the best friends that committee and it is not true? LoRTMER had, Republicans, had been employed in those offices A little further on, Senator KERN says: all the way from 10 to 20 years. They were turned out almost I might observe here that this boy Mccann, who was then· perhaps 16 years old, and probably 18 years old when he testified-though I am to a man-I have no com11laint as to that-and Democrats not snre as to that-has been provided for. He has been given a who were capable of filling the positions were put in their place in the sheriff's office in Sangamon Coant:;, Ill., just as Robert E. places. Jandus, a Bohemian, was appointed chief clerk of the Wilson that notorious member who paid cut the jack-pot money at probate clerk's office, a place that pays ,]J.im $3,00-0 a year. The St. Lollis. was, after his infamy was disclosed, given a lucrative posi tion in the county clerk's office of Cook County, which he now holds. elected official is a Bohemian, and he wanted a man who was And Senator Jandus, the man who corroborated Broderick's testimony, conversant with the law, and so he appointed Jandus chief which testimony is now conceded to be false, has been given a lucra· clerk of the office. Bob Wilson was appointed to the county tive place in a county office In Cook County, which he now holds. clerk's office on the recommendation of the Democratic organi This is the point: zation of his own ward, and the testimony in this record proves · It is the same method th!it was proposed, as I ·shall show later on, it. EYery one of those men . was appointed to those offices by Lee O'Neil Browne with Charles A . . White in order to quiet him because Democrats were elected; and they put their men in and when he began to show signs of recalcitrancy. put the Republicans out. What does that mean? That the Mr. SMOOT. Mr. President-- Democrats who were elected to office were Lorimer men 7 Oh, · The PRESIDING OFFICER (Mr. LonoE in the chair). Does no. If they were Lorimer men, surely the Lorimer Republicans the Senator from Illinois yield to the Senn.tor from Utah? .would p.ave stayed in the offices; but they walked the_plan!>:, Mr. LORIMER. Certainly. . and they ham no complaint to make about it. Paul McCann XLVIII--562 8944 CONGRESSIONAL RECORD- SENATE. J ULY 12, llves in Springfield. I clid not know be was employed in the When the Senator made that statement on the 1foor of the sheriff's office of Sangamon Ootmty until he was called before Senate, referring to Kenna and Broderick, he included the the committee. statement : But that is a deliber~te attempt by the Senator from Indi Both of whom are saloon keepers: ana to convey the impression to the Senate that LoRIMER was Why it was stricken from his speech I can not tell · whether suborning perjury, getting places for Democrats so as to close or not it was because he was chasing a ghost at Baltlrnore and their mouths. Without any reference to this case at all, no was afraid to go before the saloon keepers of die country as matter how this case goes-and surely so if it goes in favor of denouncing them because they were saloon keepers I can not TARIM.ER-that sho.uld be inquired into, because if he is capable tell. He will haTe to explain that; but the fact is that he clid of doing an act of that kind, he is not fit to sit in the Senate. say it, and it is stricken from the speech. I challenge the Senator from Indiana [Mr. KERN] now or at Yes, I have known John Broderick since long before he kept a :my other time, to-day or to-morrow, to produce any sort of saloon, and " IIinky Dink " Kenna since we were children, when testimony anywhere that will justify that statement. Yet you w_e played together and when we worked together. Then we are asked to form your opinions from the report of the mcknamed him "Hinky Dink:." That was when Chica"'o0 had minority and from such statements as to the facts in the case 2,000,?00 less population than it has to-day and when the great upon the floor of the Senate! est distance from one city limit to the other was 3 miles In this connection, let me call your attention to a further instead of about 30, as it is to-day. Our chums and playmate~ misst~tement of the record and a further vile insinuation by of those days arc engaged in all sorts of business-some saloon the Senator from Indiana. Now, mark you, be said: keepers, some leading merchants, some leading physicians some It is well enough in tbis connection, Mr. President, in dealing with the credibility of the testimony here to state tbat wben Lee O'Neil leading lawyers, some judges, some clergymen, some small mer Browne testilied he gave the committee to understand that the amount chants, some mechanics, some laboring men; and some haye of this contribution- fallen from grace-but he who is tbe most successful meets and Referring to the money that LoRIMEB looned Lee O'Neil greets him who is the least successful in the same cordial way Browne- as in the days of yore, ready always to extend a helping hand. was in the neigllborhood of only about $1,500. No man in our city has reached out and lifted up more fallen .And then: and helped them on the road to a better life and prosperity and I am not going to comment on that testimony or the testimony of greater llappine s than Michael Kenna. Senator Lonnrnn on that subject. I should like to call the attention of the Senator from Indiana That statement, in effect, is thnt LoRIMER said it was $10,000, to the fact that it is written that charity coyers a multitude of or about that, and that Lee O'Neil Browne said it was $1,500, sins, and to suggest to bim when on that great judgment day and it. does not make any difference which way you take it, the recorder shall open the great book of records to set off the one of them was lying about it. He is not going to comment on bad deeds with the good to see to it that be may haTe marked the credibility of the testimony of men of that sort. That is the up behind his name as many marks for treating "thy neighbor impression that it was evidently intended to make on the minds as th!self," and " doi~g unto others as ye would be done by," of Senators. as will be found behmd the name of this man whom he so Now, let us see what the record shows with reference to that much despises, " Binky Dink " Kenna. proposition: Oh, yes! It is all right to slur. It is all right, by innuendo Senator JONES. Did any special friend of Senator LoRIMER assist you? and insinuation, to denounce. It is easy enough to pull down. Mr. BlWWNE. Not a one, and I did not ask one. In fact, I had not But let us all see to it that when the record is- made up we have ns -ed aside from that-yes, I did ask one other, Senator, out aside more marks for building up and lifting up than we have for from that and one other I made no request. tearing down and destroying. And the Senator from Indiana Then, he goes on and testifies about the other : may profitub1y learn from :Michael Kenna on that question. Senator FLETCHER. Were those large amounts or comparatively small? Mr. JONES. 1\Ir. President-- Referring to the money that he borrowed from others than The PRESIDENT pro tempore. Will the Senator from Illi Lo&rMER-and this is one particular individual whose name he nois yield to the Senator from Washington? asked the committee not to compel him to disclose, because it Mr. LORIMER. Certainly. would be of no aesistance to the committee. I myself know l\fr. JONES. I will ask the Senator to allow me to suggest who the gentleman was. that there is not a word or a line in this record reflecting in any l\Ir. BnOW1'.'E. I got $1,500 from him- way, shape, or form upon this man Kenna, or in any way con Ileferring to this man from whom he borrowed the money necting him with the election of the Senator from Illinois. Senator FLETCHEil. And the other amount? Mr. LORIMER. The Senator from Indiana just deliberately Mr. B.noWNE. I could not tell you now, Senator, how much, but a went outside of the record to find somebody who was a friend good deal more than that- of LoBIMER, or had been in bis boyhood days, whom he might Ileferring to the money that he got from LoRIMER asrnil, without reason and without cause. That glves the Senate The CHAIRMAN. From whlch one did you get $1,500? an idea of the character of the information it has· receh'ed Mr. BROWNE. From my friend. from the minority of the committee and from Sena.tor KERN in Mr. M.ARBLE. Tbe amount y011 say you can not tell is the one you his statement on the floor of the Senate. got from Senator LORIMER? Mr. IhtowxE. Yes. I can .not tell that amount. He desired to stand by those who had been his friends- That is the record. He states that he got $1,500 from his Ileferring to .LoRIMER- friend, and he says the money that he got from LORIMER was tri times of stress and storm, n.nd followed them into the current of a larger amount. He testified to it here; and yet the Senator political wrongdoing. in his speech on the floor of the Senate a few days ngo said Now, we baye the question brought right up to us-LoRIMER that LoRIMER testified it was $10,000 that he loaned Browne; charged by this Senator upon the floor of the Senate with politi that Lee O'Neil Browne said it was $1,500; :and thft.t he would cal wrongdoing. That is his language. I have added nothing to not test the credibility of the testimony of either one of those it; I have taken nothing from it. It is as you will find it in men. his speech. That is the sort of information you get from the minority of :Mr. President, I claim to be no different than any other man. this committee. I challenge any one of the minority now and I am subject to all the weaknesses of the human family. I ex here to refute the statement that I haYe just made-any and smeared this record all over with suspicion-come here now the 27th day of May, 1909. But after February 15, lDll, he and make good, and I will keep my word. went to Mr. Funk to ask him to hush it up, to tell him he wanted [After a pause:] to talk with him about it, that he was afraid he might have The Senator saw :fit to quote a statement that I made in proof gotten a wrong impression, that he might have thought he was of the statement that he made that I did not understand Ameri asking him to get money for LORIMER's election. That was the can ideals, that I had been raised in such a way that I had corroborative circumstance; that was the proof; and the Sena not been able to learn the human family, and to come to any tor said that is the n1ost common way that crooks coyer up their kind of a sensible conclusion o.f what American institutions tracks. It was convincing and conclusive to. him, and he be stand for. He asked me some q-uestion as to whether the people lieved the story for that reason. were not to be consulted. He says, in support of his views, that What does Funk testify to? Funk testified that Hines came LORIMER answered-and this is correct : to him on the 27th of May, 1909, and said to him: ·" We put Oh, yes. That is the way men talk who reach the clouds, yon know, LoRIMER over at Springfield. 1t cost us a hundred thbusand when they a.re making that kind of a speech-that the voters are the dollars,. and we had to do it quick, so a few of us put up the men that they a.re responsible to. Of course they are, but voters are money." Now, they had to do it quick; they were \n a hurry; human beings. the men would not perform until the money was given to them. I said that. When I said "that is the way men, talk who That must be the natural deduction from Hines's statement, ·if reach the clouds " I had something in mind. I had in mind that he made such a statement, and if he was telling the truth. So the Senator was sitting in front of me and that he was interro the money was paid then, before LoRIMER was· elected, be gating me. I had in mind that at the first meeting of the com cause it was the 27th day of May, 1909, and LORIMER was mittee that I attended, when my counsel asked that the names elected the day previous, and if they had to do it quick and put of the witneEses be submitted to him, Senator KERN protested in up the money then, the money was up. an undertone that does not appear in the RECORD. Just think The legislature was in Springfield at that time. LonIMER of it. Senator KERN, a United States Senator-not onJy that, was elected on the 26th. The legislature adjourned on the 4th a lmvyer-mumbling: " No, no, no; don't give him the names of day· of June, and it was there continuously from the 26th day the witnesses." of May until the 4th day of June. Now, the money was up. Who ever heard of such a proceeding as that-a lawyer do Lo&IMER's election had been paid for. .A. hundred thousand ing that? A layman who does not understand the rules of pro dollars had been given. .A. few men had to fJHt it up and had to cedure might do that and might be excused for it, but no lawyer put it up in a hurry. Then what do we find them trying to ron be excused for such an act. prove? That the money was paid. to these men, one of them in Then I had in mind that he had attended about 80 per cent Chicago on the 18th day of June; the others in St. Louis on _ of the committee meetings, and his name is registered there, and the 21st day of June. then I had in mind that he was there only about 50 per cent Now, let us take the reasonable view of this proposition. If of that 80 per cent of time. Then I had in mind that he had not the money was put up before L-oRIMER was elected, why not pay asked one question during the whole hearing that tended to them then? If they would not vote until they got their money, elicit the truth; that all his inquiry was along the lines of they must ha-rn paid them then. They were all in Springfield trying to muddle the record. Then I had in mind what this all this time-all the members of the legislature. There was rigfiteous man once stated, or what purports to have been stated a full meeting of both houses every day. Why defer it until by him: · the legislature adjourned and take them all the way down to It is a matter of great regret that under the cloak of the secret St. Louis, calling them together from all parts of the State, ballot so many Representatives were able to defy the will of their con or take them up to Chicago, as White says he was taken, all stituents. The secret ballots made possible not only these betrayals, the way from East St. Louis to get his money? Why not pay but all sorts of treachery, double-clcaling, and corrupt practices. I bellevc that thoughtful people will ::nd in the scenes of the last two them in the most convenient place, where there was the least days additional strong argument in favor of the election of United suspicion? Do those things coincide in the recvrd? States Senators by direct vote of the people. I do not care at this time to discuss in detail the causes w}.lich contributed to the result. They got th~ money betore LORIMER was elected, and who (Indianapolis Star, Jan. 15, 1909, p. 1, col. 7.) ever got it kept it for pretty nearly a month before he delivered it. He carded it around with him; he had it in his pocket or Mr. President, I had that in mind. I had in mind, further, in a belt; he had it in a safe-deposit vault; he had it some that if the Senator made that statement, I have never heard where; but he did not pay until after the legislature adjourned. him denounce it as false. I had in mind, furthH, that if he Does that harmonize? Does that look right? Do you think made that statement, he never rose in his place in this Chamber if they were demanding their J?ay that those Democrats who and said that it was not the truth. I had in mind, further, voted for LORIMER, who were insisting upon having theil' that the man whose seat he charges in that language with hav money, or the Republicans who voted for LORIMER and insistecl ing been secured by corrupt practices was a candidate for the upon having their money before they voted, and Hines and a leadership on the Democratic side of this Chamber. I further few other fellows had to put it up, would wait until the legis have in mind that Senator KERN supported him. lature adjourned? Would they wait until everybody went Because he made that charge against his colleague, it makes home and then be called in from all parts of the State-fTom no impression on me. I never knew a character of his sort who long distances-to be paid the money that they might have was a good loser ; and seldom are they willing to attribute the been paid in the city of Springfield a month prior? success of their opponents to anything but unfair dealing. Until Now, did Edward Hines go to Funk's office as Funk stated it is proven, I will never believe, after reading the views of the about the time, two days, he said, or three days, it may be, be minority that he signed, and the statements .that he made in his was not sure as to the number of days, but sure it was about speech on this case, that there is a word of truth in it. I had two or three days after the editorial was published in the those things in mind when I sat and looked at the Senator ask Record-Herald, and it was published on the 15th day of Febru ing these questions-all those things. .And I had in mind-oh, ary, 1911. The record shows conclusi\ely that Edward Hines yes-that he had never introduced a resolution for an in-vestiga was not in Chicago at or about that time. The record shows tion, but has since allowed the blot to remain upon the escutcheon conclusively that Hines was in the city of Washington from of his State and the title of his colleague. And as he sat there about the 7th day of February until, as I know, the 4th day of before me with assumed self-righteousness and an expression March. Ne>er before was such a lot of corroborative testimony of "more holy than thou" on his countenance, then was I presented anywhere as that which proved that Edward Hines reminded of the Pharisee in the parable, with his hands reach was in Washington. For myself, I would not testify that he ing to the high heaven in prayer : was here on the 7th or 8th day of February, but I did testify God, I thank Thee that I am not as other men are, • * • even that he was here on and after the 12th day of February ex as this publican. cepting one day, one night, when he was in the city of New That is what I had in mind, Mr. President, when I said: York. The reason why I know he was here all that time, I "Yes; men reach to the clouds." testified, was that on the 12th day of that month Senator Now, Mr. President, I am not going into the detail of the BAILEY made the first portion of his speech, and I know that Funk testimony, but some Senators here seem to have the im he was here from that day until the 4th day of March. I bad pression that Mr. Funk is a very much abused man. Some been home on account of sickness. When I returned Mr. Hines Senators here stn.te tbat Mr. Funk is a Yery honorable man and was going to Rainy Lake or Virginia City to attend a meeting that he would do no Wrong, and during the discussion of the of his board of directors. His wife came and talked with me question as to whether or not a committee should be appointed and told me that Edward was sick; she did not want him to to reinvestigate this case, it was stated by a Senator on the make the trip; she was afraid of it. I talked it over with him floor that there was convincing proof that Edward Hines went and I persuaded him to call off his meeting arranged for the to Funk and asked him for $10,000. He asked him he said on 15th of February. 8946 CONGRESSIONAL REOORD-SENATE .. JULY 12, Then he was going to New York on the 16th day ·of February With that in mind, without any of the other testimony that or the 15th day of February on a business trip that he testified was produced to prove that Edward Hines was not in Chicago to. He was very poorly at that time, and I told him that he anywhere around the 15th of February, I take Mr. Hines·s testi should not go to New York, that I was afraid if he should go mony against Mr. Funk's. on the night train to New York he was much in danger of But now, Senators, suppose we take the Funk story in all having pneumonia. I persuaded him to stay over until the next that it is. He says he gave no money. He said that they were day. The next day he went to New York at night. He was not in that kind of business. No money was paid to Hines. So at my .room in the Ralejgh Hotel at 11 o'clock talking to me. what we have is the statE>..ment of Mr. Funk that l\Ir. Hines told He took the train at 12 o'clock and went to New York. The him that they had to put up a hundred thousand dollars, had to next afternoon he called me upon the telephone from New York put it up quick, had to put it up before the election, and then City and ·...nat night at 9 o'clock he walked into my room. That LORIMER was elected. That was the deduction, and nobody can was on the 17th of February, and he appeared here every make any other logical deduction from that statement. single day, and he went home with me on the train accompanied That is the evidence we llil>e that there was $100,000 put up, by his wife on the 4th day of March, .and we arrived in Chicago and that is alL Nobody has ever said that that money, $100,000, on the 5th day of .March. was paid out to anybody for anything in connection with But I am telling you only what I know about it myself. I Lo&rMER's election. Hines testified that he never put up a do not ask you to take my word, but to read the reco1' ' time. He testified that Edward Hin~s was at Spring:fie1d; that · Hopkins eould 'be beaten, you would vote for the man, no mat it was common gossip; that the newspapers were full of it; and ter whether or not· he was a Republican, who could beat him." that he was down there pulling wires to eleet LoRIMER-not in '11he substance of what he said to him was, "I want you to -Ohicago ·or in Washington, but in Springfield-and ~11 the :ert- keep your word;" and ·a short time before the roll was called., dence tends to show that Hines was not in Springfield, that he be said he to1d George Alf!chuler that he would vote for Loin had not been there for three years p.rio.r and not until two years MEB; and the record will show, if Senators will investigate it, later, when he was subprenaed by the Helm committee. . that Beckemeyer voted for LORIMER, not because Browne got I um not calling your attention to any sort of feeling that ; him to vote for him, but beeause George Alschuler, who had Mr. Funk had against LoRIMER. I am not basing this on any ! deToted the whole session to b·ying to beat Hopkins, had pledged feeling that existed between LORIMER and Funk or Funk -and I him to "Vote for anybody to beat Hopkins; Beckemeyer kept his LonIMER. My statement is based on nothing but the record, . wor9- with Alschuler; as .he testified ti.me and again,-everywnere.. 8.Ild any Senator who will look into the :record will find it just in court and before committees, in every imaginable way that exactly as I have stated it. If iha.t is .not so, then I will stop · i'.he question could be put to him, that, when .he voted for LoRI discussing the question :for the reason that I am not familia.r ! MER, nobody prior to that time or subsequent to that time har1 with the record. , told him that he would get a dollar for voting for LoBIMER, .As to Representative Beckemeyer, ihe Democrat, .I am . not and he testified -o"Yer and over again, everywhere, in the BroWUE going into the impeaching testimony in that case, because it has trials and twice before the Senate comm'ittee, that he never had tbeen thoroughly di.scUSEed by the members of the committee, .an_y hope of reward for casting his vote for LORIMER or after except to ca.lJ the attention of the Senate to th-e fact tba.t the he had cast tl:J.at vote. • minority views state that there was nothing in the charge of the That is Beelremeyer's testimony. No member of the minority third degree. They say that Mr. Burke and Mr. Wayman both will disput_e that; and yet in ·their report they say tnere was no testified i.hat there was no third-degree methods employed by third degree. He was taken out by an officer and w.as " mel ei ther of th-em. B-eckemeyer was brought to ,ohicago by sub- 1owed up," and he -eame baek and testified again. Then, 'he pama, he testifies, when before the grand jury on the iirst occa- testified that his friend, Lee O'Neil .Browne gave him the money, sion. I think he said there he was not in St. Louis. Then .he but he did not -testify that. it was given to him for his LoRI was taken out of the room and an indietment was found against MER vote. .him for stating that he was not in St. Louis. That is all that What I want to ask Senators is tllis: Why should Becli:e thcy asked him. That is all he stated I am not a lawyer,. 1 meyer shield LoRIMER .and destroy his friend Lee O'Neil Browne? so I am going to ask any lawyer present if that was all .he was What is the logic of that? Can some Senator point out the asked and all that he stated, could he be sent to the peni- , logic of that position to me? He testified that Browne gave tentiary if he had been put on trial? Will any lawyer say that him the money, and he involved Browne; but he failed to say he could? Why, then, was he indicted? He was indicted to ihat when Browne did give rt to him, he said, "Here is your intimidate him. After thnt he was put in the custody of an Lorimer money," thus protecting a man. that he had no asso officer of the State attorney's officel who was to1d to take ·ciation with, that he had no ·such friendship for as he h.ad for him out "and to neat .him .right." The officer, when he was on , B.rowne. Why should he protect me? The facts are that the the stand. testified that he knew what that meant-to get him poor, weak man, a.s he stated, had a sick wife in the hospital. drunk. They stopped in a saloen just across the -street and He could .a.rink and go home; he ·might even accept -a bribe and they had some drinks. "They went to the Hotel Kaiserhof, at go 'home; but he felt that if it ever came out that he spent in a Yan Buren Street, about a mile from the court, and got some- house of ill repute the whole 1ivelang night, and that got to his tlring to eat and some beer there. When they .returned .Becke- wife, it might have ·serious resalts. If any man who had a meyer w.ent before the grand jm·y again. He :testified that he good wife at home and chJldren that he lo"Ved were guilty of got a thousand dollars at the Southern Hotel; that .he called ; "Such an act, even though .he had been unfaithful to them, and it on t.he cle:rk; that the clerk handed hlm an envelope with a was .held up to him that this information would be taken .home thousand dollars in 1t, and that he did not 'know what it was for,, to the good wife and that his children would learn of it, oh, but that he took it and went away. wnat would a weak man do llilder those conditions? No man Then, what happened? Officer Keeley took him out again; could imagine . the position that that man was in or his state took him to a club and bought drinks for him there. Then they , of mind if he had not at ·some time been in the same position went to a mm1ber of places and bought drinks. They seemed to , himself; and so I do not expect Senators to imagine what this be dri.Ilk:i.ng all the time. They went to the theater, and he was man's state of mind was; but, oh, what wou1d your state of so drunk he had to go outside because he was sick in the mind be if you had been found desecrating yow.· own ilome, thea.ter. They then went to the Grand Pacific Hotel, and then ·stopping all night in a house of ill fame, and the news were to a.sked him to go out for the night. He says himself that he be taken home to your good wife -and your leve1y children~ was so drunk that after they :took .him to a house of ill fame, That is hard to ·imagine. from that time on .he did not remember anything until the next If that, Sena.tors, is n-0t "the third degree," what is it? What mQrning, when he wanted to go back to the State attorney's . is "the third degree" ? I do not know ·the real definition of D:ffice to learn what lle had sworn to tile day before, and .he did. the term, but the impression I have of it, and the average Im. He then testified that he got $1,000 fr.om Lee O'Neil .Browne, pression ls, that it 'is doing something to a man to make rum but he did not claim at that time that any.thing was said about talk. And ·they made Beckemeyer talk. Beckemeyer never told the thousand dollars being Lorimer money. That was the last , anybody that Browne said, "Here is your Lorimer lnoney;·• time that he was before the grand jury. When he went on the Beckemeyer never testi:fi-ed that Browne said, "Here is your stand he said that Browne gave him the thousand dollars, and Lorimer money," until ·they gave him the "third degree." said "Here is your Lorimer money." ' Beckemeyer's testimony was of very little -value unless they could Mr. DILLINGHAM. Mr. President-- . connect it with LORIMER's election, because they were not seareh- The PRESIDENT pro tempare. Does tlle Senator from Illi- ing out corruption; they were not ti~ying to send men to the nois yield to the Senator from Vermont? penitentiary who had been guilty of corrupting members of the Mr. LORIMER. Yes. legislature. Oh, no; that was not the campaign th-ey were Mr. DILLiliGHAM.. He never testified to that before the carrying on; they were carrying on a campaign to destroy granc1 jury. LoBIMER; and if Lee -O'Neil Browne had testified as Bec.ke- Mr. LORil..IEIL I said when he went on the stand. I meant to meyer testified., or substantially so, and had said, "Yes; I did say in the trial of Lee ·O'Neil .Browne. I omitted to state give Beckemeyer the money, and it was given to me by some thnt. body else to give to 'Beckemeyer," and that he got his part Mr. DILLINGHA:M:. That may have been, but before the of it and that this somebody else was the man who was re- grand jury b.e never 'testified to that remark. sporu;ible for handing around the money, Lee O'Neil Browne l\Ir. LORIMER. He never testified to that remark before the never would have been put on trial. Corruption was not what grand jury, but the State's attorney, Mr. Wayman, says that, they were seeking; they wanted to get rid of LoRIMER, and any after he came out of the grand jury, he told him that when man who would connect LORIMER with the matter, even in the Browne handed him the money he said: "Here is your Lorimer remotest degree, could .have immunity. You have not read all money." • this testimony, but you have heard about all the corruption in Now, I should like to ask the judgment of Senators on this the IBinois Legislature, about all sorts of things, and the names proIJosition.• Lee O'Neil Browne was Beekemeyer's friend. He of men connected with it, but not one single man ha.s been put said so on the stand. Beckemeyer liked Lee O'Neil Bi:owne. an trial for a corrupt vote in the legislature except wnere .i:t LoJUMER was -nothing to him. · He testified on the stand tha:t involved LORIMER. he did not intend to vote for Lom:r.mR until George Alsehuler, When the Browne case was over all these ·cases were nollied. bis sent ·mate, pleaded with him, and said to him, "You -prom- T.here has not been a single member of the Illinois ·GeneTal 1sed me all winter long that whenever the time came that Assembly put -on ttia1 for corruptly casting any -vote on any .... 8948 CONGRESSIONAL RECORD-SENATE. JULY 12, proposition. We have Beckemeyer with "Here'-s your Lorimer Springfield, !llld an able man at the law, at leaf:t such is hls money." That was the final price of immunity, to save himself, reputation. I _do not know anything about him personally. though I think not so much from disgrace with the public as When he was on the stand Judge Hanecy asked him if he was from trouble at home. Beckemeyer was willing to do anything employed by the Tribune, and he said "no." Then the judge that would secure for him immunity. That is all there is in asked him this further question : the Beckemeyer story. ' And did you not tell Judge Monroe that you were retained by the Now, for Holstlaw. What happened to Holstlaw? Did they Chicago Tribune in those matters? work the third degree on Holstlaw? Let us see what the record Mr. GILLESPIE- shows. Holstlaw was a senator. He had been to Baltimore ThiS is Holstlaw's attorney to a church com·ention, and on his way home was summoned No, sir. Mr. HANECY. Did you ever tell anybody else that? before the grand jury in Springfield, Ill. T}le State's attorney Mr. GILLESPIE. No, sir. took him before the grand jury and inquired of him if he had Who is Judge Monroe? Judge Mo~roe is a pr0minent lawyer made an appointment or solicited an appointment at a certain in Springfield, and a man of good reputation. I am not yery time with a furniture agent of the name of Johnson, and the well acquainted with him, but I know of his reputation. He is senator said, "No." The State's attorney said, "That is all"; a warm, close,personal friend of the lawyer Gillespie, and they • nd took him out of the room. That is the only question Holst handle many cases together. There is no animosity between law was asked; that is all that was inquired into. In 10 min them. utes Holstlaw was indicted. For what? Will any lawyer say Judge Monroe was put on the stand. Now, let me give you he could have been convicted on an indictment of that kind Judge Monroe's testimony: for testifyi.Ilg that he had not solicited an appointment not in Mr. MONROE. The conversation camt; about by Mr. Gillespie asking connection with anything else, not to prove that something else me if I was getting any business out of these bribery cases. In that he had said was false, but, "did you write a letter?" He answer to that I told him that I was not. I said : "Are you getting was indicted within 10 minutes. The sheriff took him into any of it? " He said that he was getting into it, or something like custody. that; that was the expression, that he was getting into the business. The sheriff said to him, "You are in a bad box." That is the Now, mark what Judge Monroe said: substance of the statement. I am· not attempting to give the I said, " How did you get in? " He said he got in for the Chicago exact language-" and you had better get a lawyer." Holstlaw TribDe through Gov. Deneen. consulted him about a lawyer, and the sheriff recommended the This is Holstlaw's lawyer. Judge Monroe said that Gillespie firm of Gillespie & Fitzgerald. Gillespie and Fitzgerald came told him he got in for the Chicago Tribune through Gov. over to his hotel that night. But i am getting ahead of my Deneen. story. . I said, " How did you come to get in that way? " Ile said Holstlaw sent the sheriff to tell Mr. Burke, the State's attor N ow, listen to this-the attorney for the Tribune- ney, that he wanted to go back before the grand jury and change He said that he had taken Mr. Holstlnw's confession, and that was his testimony; that he had forgotten about writing the letter, about all that was said about it. but now he remembered that he did write a letter soliciting an Th~t was the testimony of his friend Judge Monroe, a man appointment, and he wanted to go back and change his testimony that practiced with him and worked with him, a close, bosom on that point. Now, what did the State's attorney say? "Tell friend of his, when he was put on the stand. him I will not let him come back and change his testimony Judge 1\Ionroe wrote a letter here that I receiyed last l\farcb, or go before the grand jury unless he will tell all about the a year ago, or I think the latter part of. February, stating to me Lorimer deal." There was nothing about the Lorimer deal in the substance of what I have stated here, and saying that I connection with the Johnson letter. That referred to a furni might show it to Senators if I chose. He said he did not want to ture deal-furniture to equip the legislative :pans. Holstlaw have it put in the record, because Gillespie was his friend; but was one of a committee appointed, by the legislature to buy the if it would help any to show it to Efonators I might use it in that furniture. He was not taken to Springfield on anything, so far way. He was summoned before the committee. I showed the as could be obser•ed from the testimony, except the furniture letter only to one Senator, or probably two, and that was after deal. But when they got him on the letter and the sheriff told the vote was taken in my case. That is my recollection of it. him he was in a bad box and that he had better get a lawyer, It does not stop there, Senators. You recall that Gillespie and Ho1st1aw asked permiEsion ·to go back to change his testi testified before your committee that he had never told this to mony, the State's attorney said, "No.; he can not come here anybody. When he was asked about Judge l\Ionroe, he said : unless he tells all about the Lorimer deal." Then he said he did No, sir. Did you ever tell anybody else that? not know anything about any Lorimer deal, and upon the No, sir. sheriff's ad\ice he got these lawyers. They came and talked to him that night and asked him to Here is the testimony of W. H. Dillman: Mr. DILLMAN. Mr. Gillespie said that he represented a Chicago their office the next morning. These were lawyers-real law paper. • • • The Chicago Tribune, the paper that was fighting yers-men in the active practice every single day ; they knew Mr. LORIMER. * .. • He was referring to the scandal that had come the law; and if they knew anything they knew that Holstlaw out; that be had gotten employment as a lawyer ; and that Mr. Holstlaw had made his confession to him. • • • Ile said he was could not ha-ve been convicted for testifying as to that letter, just employed by this Chicago paper. because it did not mean anything, it did not pretend to be any Mr. llANECY. '.l.'he Chicago Tribune? thing, it did not refer to anything. Mr. DILL~AN. Yes, sir; to get evidence along that line. They . were supposed to be his lawyers. If they had been That is what Mr. Dillman testified. doing their duty to their client under their oath they would Who is l\fr. Dillman? He is a lawyer and a banker, as far have told 1\Ir. Ho1st1aw, "Well, we are sorry you have been as I know a man of very high reputation, and a warm, close, indicted, but the best thing for you to do is to give a bond, personal friend of Mr. Gillespie and Mr. Gillespie's client. then when the State's attorney calls the case, we will try it, And that is not all. The morning before Judge Monroe and because you ha-ve not committed any offense against .the law, Mr. Dillman went on the stand they came into my office in the and they can not convict you, and they can not put you in Senate Office Building and they asked me for God's sake to see jail on this charge." But did they do that? Oh, no. They the chairman of the committee, -fr. DILLINGHAM, and ask him took him over into their office, and they led him to believe that to excuse them, because if they went on the stand they would he was in a bad boat. They went over and saw the State's have to testify, as they did ther~after testify, that Gillespie was attorney. They made three trips over there, seeming to be their warm, close, personal friend, and if they should testify, greatly interested, making strenuous efforts to help Holstlaw as they would testify if called, proceedings would be instituted out. They had to go three times to the State's attorney's office. against l\lr. Gillespie for disbarment, and he would be disbn rred. Finally they came back. and told Holstlaw, "If you will make And because they were his warm, close, personal friends they D statement about the Lorimer deal, we can get you immunity did not want to be put in the position of bringing about the on the indictment." And so Holstlaw sat down and made a state disbarment of Mr. Gillespie. They were both lawyers, and they ment to the 1Jffect that he met John Broderick the night before knew what the consequences would be if Gillespie was ever the election, and Broderick said to him, "We are going to put taken before the Supreme Court on the testimony they would be LORIMER over to-morrow," or something to that effect; that is compelled to give. the. substance of it at any rate; and Holstlaw said, "Yes; and Now, Holstlaw did not testify before the grand jury that his I am going to vote for hi,m, too"; and then he said that Brod statement was correct. He just signed it, when tbe immunity erick: said to him, "There is twenty-five hundred dollars for was given to him for perjury for saying that he had not written you." a letter to l\fr. Johnson. Mr. Holstlaw has testified in season Now, who are these lawyers? I am going to call attention and out of season that when he -voted for LORIMER he voted for to but one of them-Gillespie. He is the man, he testified, who him without any hope of reward; that he had told his friends drew the Holstlaw statement. He is a prominent lawyer in and his neighbors, Democrats and Republicans, weeks before 1912. CONGRESSIONAL RECORD-HOUSE. 8949 LoRIMER · was a candidate. It amounted to a statement that else; he did not know what it was; and that he would not have before LoRIYER was generally talked about as a candidate he taken money for his vote for LORIMER. That was Michael Link's had made up bjs mind that if he ever got an opportunity he testimony. It may be misconstrued and misstated, but nothing was going to -vote for LORIMER for United States Senator, mn&an~lt • and that all the people he talked with, Democrats and R~pub Holstlaw's story I have just told you. '.rhen what have we licans, told him it was the right thing to do, except one Demo left? Charles .A. White, who received, according to his own crat, who told him he thought he would be making a mistake. testimony, $3,500 from the Tribune for the testimony he gave. Now, I do not care wbether the Democrat told him he was mak l\Ir. SMOOT. i\Ir. President-- ing a mistake or not. the facts are that the Democrat was urging The PRESIDENT pro tempore. Does the Senator from · him not to do it, and he told him he was going to do it. Holst Illinois yield to the Senator from Uta.h? law says John Broderick talked with him the night before Mr. LORil\IER. I do. LoBn.IE& was elected, and he told Broderick he was going to do l\Ir. SMOOT. The Senator from Illinois has been talking it. All this testimony j s in the record here. now for five hours. It is a physical impossibility for him to Holstlaw testified, as the record shows, that he went to conclude his remarks to-night. I therefore move that the Gillespie. Gillespie prepared the statement, Holstlaw signed it, Senate take a recess until 10 o'clock to-morrow morning. and he got immunity after he signed it, and on the stand. he swore Mr. CURTIS: Mr. President, I move to amend the motion that he would have done almost a.nything to go home a free by making it 8 o'clock to-night. [" No ! " "No ! "] . man-anything to go home a free man. He said that when he 1\Ir. 1\1.A.RTINE of New Jersey. What is the motion, Mr. got the money Broderick handed it to him. He was asked President? i1' Broderick told him what the money was for, and he said, The PRESIDE1'1T pro tempore. The Senator from Utah "No." He did not say it wa.s Lorimer money; he did not makes a motion that the Senate take a recess until 10 o'clock testify tltat he got it for hls \ote for LoBIMER. He sajd that to-morrow. The Senator from Kansas moves to amend that Broderick did not tell him anything about it. If you were a juror the Senate take a recess until 8 o'clock this eyening. Does the and trying Broderick, would you have convicted Broderick on Senator from Kansas insist on his motion? that sort of testimony? Knowing all the facts, Holstlaw's Mr. CURTIS. I do. lawyer, "\fho knew t.he law, wonJd haYe told him that the indict The PRESIDENT pro tempore. The question is on the ment was not worth the paper it was written on, if he had been motion to amend made by the Senator from Kansas. acting solely in the interest of Holstlaw, but the fact is that The motion to amend was not agreed to. Gille pie was in the employ of the Chicago Tribune at the The PRESIDENT pro tempore. The question is on the time that he wrote Holstlaw's statement, that he got his employ motion made by· the Senator from Utah that the Senate take a ment from the Chicago Tribune through Gov. Deneen, that he recess until 10 o'clock to-morrow. went back and forth three times to the State's attorney's office The motion was agreed to; and (at 4 o'clock and 10 minutes trying to make Holstlaw think it was a hard thing to get p. m., Friday, July 12) the Senate took a recess until Saturday, freedom for him, and finally Holstlaw made the statement. No July 13, 1912, at 10 o'clock a. m. kind of inquiry could make Holstla w say that he voted for Lonn.rER because he was promised money; that he voted for LoBIMER with the hope of any kind of reward. All the testi HOUSE OF R~PRESENTATIVES. mony shows that Holstlaw told the people in his own district time and time again, long before LORIMER became a candidate, FRIDAY, July 12, 19n. that if ever he got a chance to vote for him he wonld, and they agreed, all but one, that it was the right thing to do. The House met at 12 o'clock noon. The Chaplain, Rev. Henry N. Couderi, D. D., offered the fol When John Broderick said to him, "We are going to put lowing prayer : LoRilIER over to-morrow,'"' he told John Broderick, "I thirl:k we are." Mark you that statement; this is his sworn testimony. 0 Thou Eternal One, in whose infiJ!ite wisdom, power and " I think we are, and I am going to vote for him." Broderick goodness rests the destiny of men and of nations, make us wise, we beseech Thee, in our generation, that we may live to the bad not offered him any money; he had not indicated that he was going to offer him any money. Holstlaw testified that full measure of Christian manhood, and thus round out to com Broderick did not even ask him to -vote for LmnMER, but Holst pleteness our character and so fulfill our earthly mission that when the call comes we may be prepared to enter upon the new la. w told him that be was going to vote for LoRIMER, and Holst law said that Broderick said, "There is $2,500 for you.'' life fully equipped for the duties which await us there; and Thine shall be the praise through Jesus Christ our Lord. Amen. When you consider Gi)lespie, when you consider the state The Journal of the proceedings of yesterday was read and ment, or the indictment that was not worth the paper it was approved. written on, when you consider that the State's attorney sent EXTENSION OF REMARKS. word to him that he would not let him correct his testimony unless he came in and told about the LoBIMEB deal, will you 1\Ir. SULZER. Mr. Speaker, I ask unanimous consent to ex believe that he was not coerced? Will yon believe that he did tend my remarks in the IlEcoBD on the subject of national good.- not add those few words because his lawyer wanted it that way road building. · and told him that was the only way he could get out of the in The SPEAKER. The gentleman from New York asks unani dictment for perjury? Will you believe that Holstlaw was not mous consent to extend his remarks in the RECOBD on national third degreed? good-road building. Is there objection? [After a pause.] '.rhe The four cases that I have discussed here are the four alleged Chair hears none. confessors-the men who, it is claimed, were bought to vote for CHANGE OF REFERENCE. LoBIMER. Not one of them except Charley White testified that Mr. MOON of Tennessee. Mr. Speaker, the bill H. R. 19276, he was ever offered anything for his vote for LoRIMER. Becke with a report thereon, has been referred to the Private Calendar. meyer said he had no idea that he would ever get any reward; It is a bill that disposes of public lands and should be on the that he voted for LoRIMER because George .A.lschuler pleaded Union Calendar. I ask unanimous consent to ha•e that change with him to so vote ; and he did not make up his mind to do so of reference made. until a few minutes before he did Yote. Link said he himself The SPEAKER. If it disposes of public. lands, the rule is to had promised Lo1m.rnn; that he was LoBIMEB's friend; that the send it to the Union Calendar. people of his district were for LoBIMER, and were for him be Mr. MANN. Mr. Speaker-well, I do not know; this bill cause they thought LoBIMER was trying to bring about an im provides for the conveyance of a particular tract of land to a provement of the Mississippi River that would be of more value particular individual. to Madison County, where he lived, than any other thing or all The SPEAKER. Of course the Chair does not know what is other things that could be done for the people of that county. in the bill. He testified he had no hope of reward. He testified that he had Mr. l\IOON of Tennessee. That is true, but this disposes of no promises. He testified that he ·never received a dollar fol: public lands. voting for LoRIME:&. He testified under oath three times that he Mr. MANN. Oh, well, it .is the disposition of public lands, was compelled to testify that he received money from Browne but there are many bills on the Private Calendar, Mr. Speaker, and Wilson; and that he was threatened, unless he did, that he providing for the disposition of public lands to particular indi would be sent to the penitentiary and would lose his wife and viduals. That is what this bill is. I do not care what calendat' home; and that he then told the prosecuting attorney that he it goes on, but I suggest the gentleman ought to consult with would go before the grand jury and lie if he had to, but that he the Speaker or whoever assigns these bills before he makes the did not want to. He said that the money that he did get, request for the change, because there are a number of bil1s on when he testified that he did get money, he got for something the Private Calendar of the same character. 8950. CONGRESSIONAL RECORD-HOUSE. 'JULY 12, The SPEAKER. The Chair will ask the gentleman from Also the following ·committee amendment was read: Tennessee to let the matter stand until the Chair can investi Amend, page 1, lines 6 and 7, by striking out the words " United gate the matter. States Military Academy " and the word " Field." l\Ir. MOON of Tennessee. Very well. The CH.AIRMAN. The question is on agreeing to the amend- ment. · ORDER OF BUSINESS. Mr. l\L<\.NN. .Mr. Chairman, I would like to make an inquiry Mr. POU. Mr. Speaker, I move that the House resolve itself of the committee which reported this bill, as to whether this is into the Committee of the Whole-- to inaugurate a new policy of the Government. This is n bill The SPEAKER. This is pension day. to pension a widow of a • soldier of the Regular Army who is Mr. POU. I will say, Mr. Speaker, under the rule I under not entitled to a pension under the existing law. I believe it has stand a motion will be in order for the House to resolve itself not been usual to do that. It may be a very desirable thing to do. into the Committee of the Whole tQ consider bills on the Pri It might be a very desirable thing for the beneficiary if we vate Calendar subject to the right of the Committee on Pen would pension the widow of a clerk in one of the departments sions. I make that motion, and if there is no business on the who had died. Here was a soldier at West Point who never calendar which the Pensions Committee desires to consider, served anywhere else, and finally died, and it is proposed now then that motion I make will be in order. to pension his widow, although the Pension Office found he did The SPEAKER. Why, of course, if there is no pension busi not die from disability incurred in the service. ness then the motion is in order. · Is it to be the policy of the Pension Committee to r>ension · l\fr. BURKE of Wisconsin. Mr. ~peaker, there is pension the widow of every soldier of the Regular Army who asks for business. a pension but who is not entitled to it under the general law, The SPEAKER. There is pension business, the committee and does the committee propose to bring in a special bill in each notifies the Chair. of those cases? We ha'\'e a general law governing that subject. Mr. BURKE of Wisconsin. Mr. Speaker, I ask unanimous We pass a great many private bills for soldiers and widows of consent to take up bills reported from the Committee on In soldiers of the Civil War, and I would like to inquire whether valid Pensions. it is to become the policy of the Pension Committee to adopt The SPEAKER. It is not necessary to ask unanimous con the same plan concerning widows of soldiers of ~ regular sent. The Chair will read clause 6 of Rule XXIV: service that Congress has adopted· in reference to widows of On F1·iday of each week, after the disposal of such business on the soldiers of the Civil War? Because, if we are to commence Speaker's t!lble as requires reference only- that, it would be much more economical to simply provide by That has been disposed of- general law that every widow of every soldier of the regular lt shall be in order to entertain a motion for the House to resolve Itself service shall be entitled to a pension. There are no circum into the Committee of the Whole House to consider business on the stances disclosed in this case which would not be disclosed in Private Calendar in the following order: On the second and fourth Fri almost every other case, unless it be the length of service. days of each month preference shall be given to the consideration of private pension clalms and bills removing political disabilities and bills The CH.AIRMAN. The question is on agreeing to the com removing the charge of desertion. mittee amendment. Now, the motion is to go into Committee of the Whole House Mr. MA.l'rn'. Mr. Chairman, I think I am entitled to a re on the state of the Union. sponse from the Pension Committee, or somebody i:epreseuting it, on that subject, if they desire to. have this pension bill PENSION Brt.LS. passed. Mr. BURKE of Wisconsin. Mr. Speaker, I mo-rn that the The CH.AIRMAN. The Chn.ir will say to the genUeman from House consider as in Committee of the Whole House on the state Illinoi>J that the Chair has not any power to call upon anybody of the Union the bfl.l H: R. 25598, being No. 221 on the calendar. to express their opinion. The SPEAKER. The gentleman from Wisconsin asks unani Mr. LANGLEY. I think it was due to a misunderstanding mous consent that the bill which he names shall be considered as to what committee the bill belonged to. in the House as in Committee of the Whole House on the state The CHA.IRM.A.i."'l. Does the gentleman from Alabama [Mr. of the Union. RICHARDSON] desire to answer the gentleman from Illinois? Mr. M.Al\"N. Mr. Speaker, I think we had better go into the Mr. RICHARDSON. I have not heard him. I want to know Committee of the Whole House on the state of the Union. exactly what bill the clerk has there. The SPEAKER. The gentleman from Illinois objects. Mr. MANN. I appreciate the fact that the committee has .Mr. BUilKE of Wisconsin. Mr. Speaker, I move that the been asleep: I think they were asleep when they reported this House resolve itself into the Committee of the Whole House on bill out. the state of the Union for the consideration of private pension The CH.AIRMAN. I will say to the gentleman from Alabama bil!s. it does not behoo'\'e the Chair to repeat what the gentleman 'l'he SPEAKER. The gentleman from Wisconsin [Mr. BURKE] from Illinois [Mr. MANN] has said. The Chair is sorry the gen mo-.;·es that the House resolve itself into the Committee of the tleman from .Alabama dicl not hear him. Whole House on the state of the Union for the consideration of pension bills on the Prh-ate Calendar. Mr. RICHARDSON. I will confess I was not giving atten The motion was agreed to. tion to him. I did not think the pension bills had been reached. I thought the invalid pensions were under consideration, and Accordingly the House resolved itself into the Committee of I did not gtve the gentleman from Illinois the u~al attention I the Whole House on the state of the Union for the considera give to everything else he says. . tion of bills on the Private Calendar, with Mr. RucKEB of Col Now, I would be very glad to know what objection you have orado in the chair. made to the bill H. R. 20362. ... CORNELIA BRAGG. l\Ir. MA.NN. Mr. Chairman, may I ask the gentleman a ques Mr. BURKE of Wisconsin. Mr. Chairman, I move that the tion? This bill now pending is one to pension the widow of a bill (H. R. 25598) granting an increase of pension to Cornelia soldier of the Regular Army who was not able to bring herself Bragg be taken up for consideration. within the general law on that subject. The soldier was in l\Ir. MANN. I do not know whether that is the first pension service at West Point, I believe, during his entire service. Now, bill on the calendar, but I suggest, under the rule, that they what I asked was whether it is to be the policy of the Pen::::ion be called up in order on the calendar. Committee, when a Regular Army soldier passes away lro\ing The CHAIRMAN. The Chair will state to the gentleman a widow who is unable to bring herself within the provisions from Wisconsin [l\Ir. BURKE] that, as the Chair understands of the law granting her a pension, to report a special bill in the rule, they should be calJed up in order. such a case. • Mr. BURKE of Wisconsin. Then I withdraw my motion. Mr. RIOH.ARDSON. The gentleman asked the question The CH.AIIll\IA.N. The Clerk will report the first bill. whether I believed the Pension Committee has that power. I CA.THERINE WlSE. think so. The first busine s on the Private Calendar was the bill (H. R. Mr. MA.1'1N. No; the question whether it is the policy of the 20362) granting a pension to Catherine Wise. committee, whether that is to be their policy. The Clerk read the bill. as follows : Mr. RICHARDSON. That, I believe, is the policy of the committee. That is the policy. Wherever an injustice is done A bill (H. R. ~0362) granting a pension to Catherine Wise. De it enacted, etc., That the Secretary of the Interior be, and he is by a strict enforcement of the law nccordihg to technicalities, hereby, authorize11 and directed to place on the pension roll, subject to upon the discovery of that fact the Pension Committee gen t !ie pl'Ovisions and limitations of the pension laws, the name of Cathe erally recommends relief if the facts and environments and rine Wise, widow of .John Wise, late of the United States Military Academy Detachment of Fltld Artillery, and pay her a pension at the circumstances justify the same. That is the general policy. rate of $12 per month. This case, as the gentleman from Illinois [Mr. MANN] will see 1912. CONGRESSIONAL RECORD-HOUSE. 8951 by reading the report, has been very carefully considered and Mr. OLMSTED. Mr. Chairman, in this case the War Depart the facts set out. · ment records show that this soldier was treated October 21 and Mr.. 1\IANN. I hav·e read the report, but I can not find any 22, 1868, for diarrhea; February 16 to 20, 1871, for rheuma exhaustive consideration of the subject, although, of course, I tism; February 1 to 7, 1872, for contusion; February 16 to 19, do not doubt but that the committee has given it consideration. 1812, for dysentery; July 9, 1872, to -, for boil; July 20 to 30, Mr. RICHARDSON. _ The gentleman may µot be aware of the 1875, for incised wound; May 28 and 29 and July 23 to 27, 1878, fact that we have reported bills of this character heretofore. for intermittent fever; March 29 to April 25, 1880, for contusion We thought this widow was entitled to a pension of $12. of left arm, swinging hammer, received while drilling rocks in Mr. MANN. Well, I do not 'See myself any special circum line of duty; October 26 to 31, 1880, for lumbago; March 8 to stances in the case which would differentiate it from any other 12, 1887, for contusion, left side, cause, misstep and fall in line case of a widow of a soldier of the Regular Army. It may be of duty, cured. The records show also that "he died Septem desirable to grant them all pensions, but if we are to grant ber 29, 1910, at Highland Falls, N. Y., from bypostatic pneu them all pensions it ought to be done by general law, and they monia, three cerebral hemorrhages"; age given as 66 years. should not be required to come before Congress in special bills. It further appears that the immediate cause of death was Mr. RICHARDSON. Well, the gentleman from Illinois uremia and exhaustion following a series of apoplectic seizures, understands the fact that the Committee on Pensions was covering a period of two years; that he had on the left side three brought into existence some years since for the reason that the ribs which had been broken and which had healed, with some de Pension Bureau in its administration of the general law in formity, and a large linear dent in the left parietofrontal region; certain cases had rejected applications for pensions upon that he had an immense hydrocele, which was tapped several technicalities. ·For instance, it frequently occurred that in times and finally obliterated by operation; that he was rather cases connected with the Mexican War and other wars a pen peculiar, but whether that was natural or was the result of the sion could not be granted on application unless tbe service of injury to his head shown by the scar they could not say, and the soldier had been of a certain length of time. For instance, whether this could have had any connection with the apoplexy unless the soldier had served 60 days in the Mexican War and could not be stated. in the Civil War-which we do not have control of-90 days, If he had died from any injury received in the · service, his and in the Indian wars 30 days, peru;ions could not be granted widow would have been entitled to a pension under the law. under the general law. Now, when it can be shown that the If his death had in any way been of service origin, she would soldier served 25 days or 29 days only, the application would have received a pension; but the medical officers of the Pension be rejected in the Pension Bureau. But under such conditions Bureau claimed that the death could not be accepted as the the Committee on Pensions had the right to look into that fact result of any disability of record, and that it was not a prob and give a pension, notwithstanding the soldier had served not able result of his military service; and yet it was certainly a more than 25 or 29 days. Such technicalities were and are dis possible result, following all those ailments and difficulties regarded by our Pension Committee. which he had had in the service, as I have stated. Mr. MANN. That is all true; but-- His widow is blind in the right eye and almost blind in the Mr. RIOHARDSON. There is no general law on the subject left, and from feebleness of age and chronic rheumatism she at all. is helpless to a degree requiring frequent and periodical aid Mr. !liANN. The attitude of Congress in the past in rela and attention of another person. She has no income and is tion to soldiers and the widows of soldiers serving in war has dependent on relatives for her support, which they can ill been quite a different policy from that with respect to soldiers afford. and widows of soldiers who served in the Regular Army but Mr. RICHARDSON. She is certainly entitled to a pension. not in any war. The s0ldier in this particular case served in Mr. OLMST·ED. It was not shown that the soldier's death no war. He died from old age or from a complication of dis from the alleged hypostatic pneumonia as the sequel of apo eases, probably resulting from old age, but in no way con plectic attacks, nephritis, uremia, arteriosclerosis, and exhaus nected with his Army service. tion was clue to any cause arising during his military service; Now, I can understand that if a widow desires a pension it but while it can r:.ot positively be shown that all those things may be desirable to give her a pension. But is it to be the resulted from his service, yet it is .quite possible that they did, policy of the Committee on Pensions and the policy of Congress and it seems to me, under all the circumstances of the case, to grant a pension upon application to every widow of every that the committee was justified in finding that this was an Regular iilmy soldier when the widow can not bring herself exceptional case, taking it out of the general rule, and a case within the terms of the existing law? And if not, what is there in which this pension might reasonably be allowed. in this case to plead especially for a pension? Mr. RICHARDSON. I think, clearly; under the gentleman's Mr. RICHARDSON. Well, if the gentleman from Irnnois statement about tile combination of troubles from which the will allow me to suggest, this statement about this widow is to soldier suffered and met his death, the widow is certainly enti- the effect that she is the widow of John Wise, who at the age tled to this pension. · of 22 years enlisted in the detachment of artillery at the United States Military Academy. That is the basis of her claim for a Mr. OLMSTED. I do not myself see why the widow of a pension and that is set forth in this statement. I can not repeat Regular Army soldier should not be pensioned the same as the all of the facts. widow of a volunteer soldier, but I agree with the gentleman Mr. MANN. The gentleman says he thinks this is an excep from Illinois [Mr. MANN] that, save in very exceptional cases, tional case. Is that it? we ought not to grant it to one unless we do to all; but this Mr. RICHARDSON. Well, I would not say it is an excep seems to me such an exceptional case. · tional case. I am disposed to believe that wherever a widow Mr. RICHARDSON. We can not adopt that fixed rule, and like this brings herself within the purview of the law and fails there is no necessity for it before that committee, because we to get a pension thereunder on the stated facts there set forth, must be governed by .the . specific facts that bear upon the I expect for myself and for the Committee on Pensions that cases, and the facts are different. You might find one widow under these circumstances a pension would be recommended. who had a good income. Ought she to be pensioned like this The gentleman can consider that either as a general policy or helpless impoverished widow? as a policy affecting specific cases, either way he pleases. Mr. OLMSTED. I say this is an exceptional case, in which Mr. MANN. Then I understand it is to be the policy of the it appears to me that the widow is fairly entitled to this small Committee on Pensions that wherever a soldier or a soldier's pension. widow caµ not obtain a pension under the general law it is the Mr. RODDENBERY. Mr. Chairman, I notice that the report duty of the committee to report a special pension bill granting a of the committee on the second page says: pension to that soldier or to his widow? From the foregoing history of this case your committee believe the 1\Ir. RICHARDSON. No; I did not say that in that exact soldier's death was caused by his military service. They respectfully language. recommend the allowance of pension at the rate of $12 per month. Mr. MA1'1N. That is practically what the gentleman said. The report also shows that he was retired as a private in Mr. RICHARDSON. I say when a widow comes in and brings 1895, and that so far as the War Department records disclose, a fair and reasonable statement of her case and puts it before while he was treated for divers and sundry diseases or ailments, us, I think it is right and proper that we should grant her he was treated for no disease or ailment after March, 1887.; so application. that if the report of the committee is accurate, he was in the Mr. LANGLEY. I have a good many cases in my district service from 1887 to 1895, and there was no record in the War where a fair and reasonable statement ·of tile case could be pre Department of his having been treated for any ill or infirmity sented, and yet I have never been led to understand that special during that fime. Then he was placed on the retired ltst, and pensions could be granted in those cases. if he was subject to v_arious diseases in the meantime, in any 8952 CONGRESSIONAL RECORD-ROUS]}. JULY 12, manner connected with his service in the Army, the reports and Mr. ROBERTS of Massachusetts. We have increased the the facts fail to disclose it. pension on the floor sometimes. .l\fr. RICHARDSON. I do not believe I have ever been in l\fr. :MANN. We increased the pension for Mrs. Schley the strumental in preparing a report that showed more diseases other day on the floor to $75. It seems to me that the limit of than does this report. · the pension ought to be reserved for special cases. Mr. RODDE.NBERY. Yes; but the last treatment shown in Mr. BURKE of Wisconsin. 1\fr. Chairman, I desire to say, on the records of the War Department was in 1887, 23 years before behalf of the Committee on Invalid Pensions, that this bill pro the man died, and how from that record it can be concluded viding a pension for the widow of Admiral Crowninshield was that he died of diseases that were caused by his military service introduced and passed in the Senate, and has had the careful the report does not disclose and I fail to perceive. consideration of our committee. I am rather astonished at the Mr. RICHARDSON. The gentleman has probably overlooked gentleman from Illinois not knowing who Admiral Crownin the affidavit of Dr. Blanchard, who says in an affidavit executed shield was. June 14, 1911, that the immediate cause of death was uremic l\fr. 1\fANN. Oh, I did not say I did not know who he was. exhaustion following a series of apoplectic seizures covering a I know very well. period of two years. Can not the gentleman connect that with Mr. BURKE of Wisconsin. Then I misunderstood the gen the latter part of the statement made on the first page of the tleman. Admiral Crowninshield served in the Civil War, and report, which shows that he was treated for diarrhea, rheuma also during all of the years between that and the Spanish War, tism, contusion, dysentery, boils, incised wounds, intermittent and during the Spanish War. His record is first class. His fever, and a contusion of the left arm ; can not the gentleman widow is in needy circumstances and she ought to haye this connect that with some of these diseases? Can not he see how small amount of pension. It is in about the same proportion these diseases might bring about the death of the soldier? that widows of soldiers and sailors of similar rank receive. l\fr. RODDENBERY. According to the record these troubles Mr. SULLOWAY. Mr. Chairman, I was not present wht.ln were all 20 years or more prior to the services rendered by the the committee reported this bill, but it appears from the report physician. that this officer contracted this disease while he was in the Mr. RICHARDSON. The gentleman must know that in the service some years before his discharge and death. The widow case of soldiers where they have some of these diseases they was his wife for a good number of years, from 1860 down to the will develop causes of death 25 or 30 years after. time of his death. The only fault I can find with the propo Mr. RODDENBERY. And then, furthermore, this soldier sition is that she is not given enough. If I had been present in never seryed in any war. the committee at the time, I should have voted for more. I Mr. RICIU.RDSON. Did not he join the Army? hope the bill will pass. Mr. RODDENBERY. Yes; but he never served in any war, The CHAIRMAN. The Clerk will read the bill for amend according to the report. His entire service was at West Point. ment under the fi ve-minute rule. Mr. RICHARDSON. Then it was because he did not happen The Clerk read as follows : to be in any battle. - . Be it enacted, etc., That the Secretary of the Interior be, and be is Mr. RODDENBERY. His widow applied for a pension hereby, authorized and directed to place on the pension roll, subject to the provisions and limitations of the pension laws, the name of Mary November 14, 1910, under the act of April 19, 1908, which pro Bradford Crowninsbield, widow of ·Arent Schuyler Crowninsbield, late vides a pension for widows wh-ose husbands rendered service •ear admiral, United States Navy, and pay her a pension at the rate in the Civil War. That claim was rejected December 9, 1910, on of 50 per month in lieu of that she is now receiving. the ground that the soldier's service was not rendered in the The CHAIRMAN. Without objection, the bill will be laid Civil War. Then she applied for a pension April 19, 1911, under aside with a favorable recommendation. the general law, which provides pensions for widows whose There was no objection, and it was so ordei:ed. • husbands died of a cause originating in service in line of duty. That claim was rejected by the Commissioner of Pensions July JAMES A. DICKINSON AND OTHERS. 18, 1911, on the ground that the soldier's death from the alleged The next business on the Private Calendar was the bill hypostatic pneumonia, as the sequel of apoplectic .attacks, (H. R 25713) granting pensions and increase of pensions to nephritis, uremia, arteriosclerosis, and exhaustion was not certain soldiers and sailors of the Regular Army -and Nnvy, shown by the record or other evidence to have been due to any and certain soldiers and sailors of wars other thnn the Civil cause arising during his military service. War, and to widows and dependent relati\es of such soldiers Now, with that record the committee asserts that they con ·and sailors. clude that he did die of a disease contracted in the service. I The Clerk read the bill, as follows : see no evidence on which they base their conclusion. Be it enacted, etc., That the Secretary of the Interior be, ana he is of hereby, authori.zed and directed to place on the pension roll, subject to The CHAIRMAN. The time the gentleman from Georgia the provisions and limitations of the pension laws- has expired. The name of James A. Dickinson, late of Company K, Sixth Regiment Mr. RICHARDSON. Mr. Chairman, I ask for a vote. Ohio Volunteer Infantry, War with Spain, and pay him a pension at the rate of $12 per month. 'l'he CHAIRMAN. The question is on the amendment. The name of James Campbell late of Company C, 'l'enth Regiment The amendment was agreed to. United States Infantry, War with Spain, and pay him a pension at the The Olerk reported the other ·committee amendments, which rate of $12 per month. The name of Joseph G. Long, late of Capt. Cone's company, First were agreed to. Regiment Florida Mounted Volunteers, Florida war with Seminole The bill as amended was laid aside to be reported to the Indians, and pay him a pension at the rate of $16 per month in lieu House with a favorable recommendation: · of that he is now receiving. . The name o·f William S. Smith, late of Com{lany K, Twenty-first MARY BRADFORD CROWNINSHIELD. Regiment Kansas Volunteer Infantry, War with Spain, and pay him a. pension at the rate of $8 per month. The name of Jackson A. Watkins, late of Company D, Fifth Regi The next business on the Prh·ate Calendar was the bill ( S. ment United States Infantry, and pay him a pension at the rate of 1152) granting an increase of pension to Mary Bradford Orown $6 per month. inshield. The n·ame of Peter Peterson, late of Company A, Sixth Regiment Uassachnsetta Volunteer Infantry, War with Spain, and pay biril a The Clerk read the bill, as follows: pension at the rate of $12 per month. • Be it enacted, eto., That the Secretary· of the Interior be, and he is The name of James B. White. late of Company A, Thirty-fourth Regi hereby, authorized and directed to place on the pension roll, subject to ment United States Volunteer Infantry, War with Spain. nnrl pay him the provisions and limitations of the pension laws, the name of Mary a pension at the rate of $12 per month in lieu of that he is now Bradford Crowninshield, widow of Arent Schuyler Crowninshield, late receiving. rear admiral, United States Navy, and pay her a pension at the rate of The name of William J. Abrams. late of Troop C, Second Regiment $50 per month_in lieu of that she is now receiving. United States Volunteer Cavalry, War with Spain, and pay him a pen sion at the rate of $6 per month. Mr. UANN. l\fr. Chairman, I think it is due to the committee The foregoing bill is a substitute for the following House bills re where a bill grants a large pension to have some explanation in ferred to the Committee on Pensions : regard to it. What reason is there for pensioning Mrs. Crownin H. R. 6758. James A. Dickinson. H. R. 13616. Jackson A. Watkins. H. R. 11529. James Campbell. H. R. 19388. Peter Peterson. shield at the rate of $50 a month? I do not recall that the H. R. 12515. Joseph G. Long. H. R. 22679. James B. White. adrlliral ever had any very strenuous service. He had a good H. R. 13066. Wilham S. Smith. H. R. 24257. William J_ Abrams. many battles with other men in the department. He was here The CHAIRMAN. If there is no general debate, the Clerk during the Spanish War. As I understand, $50 a month is the will read the bill for amendment under the five-minute i·ule. limit which the Pension Committee will report in any case for a The Clerk read as follows : widow's pension. I suppose it is not intended to provide that ·The name of James B. White, late of Company A, Thirty-fourth limit for every person. Regiment United Statet1 Volunteer Infantry, War with Spain, and pay l\Ir. LONGWORTH. Is that the limit? It seems to me that hlm a pension at the rate of $12 per month in lieu of that he is now I hnYe known cases where the pension was larger than that. receiving. Mr. MANN. That is the limit which the Pension Committee l\Ir. RICHARDSON. l\lr. Chairman, I offer the following will report. amendment. 1912. CONGRESSIONAL RECORD-HOUSE. 8953 The Clerk read as follows: Mr. RODDENBERY. Mr. Chairman, I make the point of Amend, page 21 line 24, by striking out ·the words "in lieu of that order there is no quorum present. he is now receiving." Mr. SIMS. Ask for tellers. The CHAIRMAN. The question is on agreeing to the amend- Mr. RICHARDSON. Mr. Chairman, I ask for tellers on the ment. question. The question was taken, and the amendment was agreed to. Mr. RODDENBERY. Mr. Chairman, I withdraw the point The Clerk concluded the reading of the bill. of no quorum. The CHAIRMAN. Without objection, the bill will be laid Mr. RICHARDSON. Mr. Chair:r;nan, I ask for tellers. aside with a favorable recommendation. Mr. A1.A.NN. Mr. Chairman,_I make the point of order there There was no objection, and it was so ordered. is no quorum present. CORNELIA BRAGG. Mr. RICHARDSON. I want to say here is an evidence of The next business on the Private Calendar was the bill {H. R. what we are coming to. In the case of Mrs. Schley the commit 25598) granting an increase of pension to Cornelia Bragg. .tee stood firmly by the action of the Senate committee and re The Clerk read the bill, as follows: fused $15-0, and the gentleman from Illinois was the man who Be it enacted, eto., That the Secretary of the Interior be, and he is broke the precedent by giving $75. You see where this is going hereby, authorized and directed to place on the pension roll, subject to to now. · the provisions and limitations of the pension laws, the name of Cor nella Bragg, widow of Gen. Edward S. Bragg. late a brigadier general The CHAIRMAN. Does the gentleman from Illinois make of the United States Army during the late Civil War, and pay her a the point of order that there is no quorum? pension at the rate of $100 per month in lieu of that she is now Mr. MANN. I did make that point of order. receiving. The CHAIRMAN. Does the gentleman now make the point l\fr. l\IANN. Mr. Chairman, I think the gentleman from of order? Wisconsin [l\Ir. BURKE] ought to make a statement in regard Mr. MANN. I made the point of order before. to this bill and in regard to Gen. Bragg. Mr. RICHARDSON. Can not I ask for tellers on the ques Mr. BURKE of Wisconsin. Mr. Chairman, some time during tion? . this session of Congress the Congress passed a bill providing Mr. MANN. If the Chair has finished his count, I would like a pension of $100 per month for Gen. Edward S. Bragg. The to have an announcement of the result. bill became a law by the approval of the President on the The CHAIRMAN. The Chair finds there are 94 Members 19th day of June, and on the 20th of June Gen. Bragg died. present, not a quorum, and the Clerk will therefore call the Cornelia Bragg was married to Gen. Bragg some few years roll. before the Civil War. She is a war widow. She has lived with ~'he Clerk called the roll, and the following l\Iembers failed him continually from the time of their marriage until his to answer to their names : death. She has been a most faithful and devoted wife to the Adair Doremus Kent Porter noble old general. She has been his constant aid and com Adamson Draper Kindred Powers panion during all of these years. She is now nearly 83 years Akin, N. Y. Driscoll, 11.(. E. Kinkead, N. J. . Pujo Ames Dupre Knowland Randell, Tex. of nge feeble, helpless, without any income, without any prop Andrus Dyer Konig Reyburn erty excepting the humble home in which she lives. She has Ansberry Ellerbe Kopp Riordan at best but a few years more to lh·e, for she will soon follow Anthony Evans Lafean Roberts, Nev. Ashbrook Fairchild Lamb Russell her noble husband to the grave. . Bartholdt Faison Legare Sells The bill as read provides a pension of $100, but there is a Bartlett Ferris Lindbergh 8hackleford committee amendment reducing that amount to $50 a month. I Bates Fordney Lindsay ~harp Boehne Fornes Littleton SL'eppard think the amount is too small, yet it seems to be in accord:rnce Bradley Francis Lloyd Sherley with the custom of Congress in providing for the widows of Brantley Garrett Loud Sherwood generals of his rank. I do not think it is necessary in this Broussard Gillett McCall Simmons Brown Glass McCoy Slemp House, in .which Gen. Bragg served four different terms with Burke, Pa. Goeke McCreary Small distinction, to say anything further in respect to the bill. He Byrnes, S. C. Gould , McGuire, Okla. Smith, S. W. was a friend of the soldier and the enemy of the coffee cooler Calder Graham McHenry Smith, Cal. Callaway Griest McLaughlin Stack and camp follower. Although entitled to it, he never during his Campbell Guernsey Mci\forran Steenerson lifetime asked for a pension. He was granted a pension through Cannon Hamilton, Mich. Macon Stephens, Nebr. the courtesy of Senator Spooner of Wisconsin in 1906, but that Cantrill Hamilton, W. Va. Maher Taylor, Colo. Carter Hanna Martin, S. Dak. Thayer was without his knowledge, and he refused to accept it for Cary Hardwick Miller Thistlewood several months thereafter, but finally did accept it because of Clark, Fla. Harrison, N. Y. Mondell Thomas his needy circumstances. I think, in view of the honorable Claypool Heald Moon, Pa. Utter record of Gen. Bragg, that no student familiar with the history Covington Heflin Moore, Pa. Vare Cox, Ohio Helgesen Moore, Tex. Volstead of the Civil War desires or needs an explanation, and I think Crago Helm Morse Vreeland in view of the circumstances that the small amount allowed for Currier Henry, Conn. Murdock Weeks Cornelia Bragg is well deserved by her. [Applause.] Dalzell Higgins Needham Wilder Daugherty Hill Nelson '\\Tilson, r. Y. Mr. SULLOWAY. Mr. Chairman, I hope that amendment Davidson Hinds Nye Wilson. Pa. will not be adopted. This widow is the widow of a general Davis, W. Va. Holland O'Shaunessy Wood, N. J. with whom she lived for all these long years, and it was the De Forest Hughes, W. Va. Palmer Young, Kans. Dies Humphreys, Miss. Patten, N. Y. Young, Tex. practice in the case of those generals who died earlier to give Donohoe Jackson Plumley at )east $100, and in many cases more was granted. She has arrived at that age when she can survive only a few days, weeks, During the roll call, or months more at the best, and I think it is due to her and to Mr. CARLIN. Mr. Chairman, a parliamentary inquiry. the memory of Gen. Bragg and what he did in that terrible war The CHAIRMAN (Mr. MARTIN of Colorado). The gentleman to give her at least $100 instead of the mere pittance of $50, will state it. which will not support her and pay for the nurses and watchers Mr. CARLIN. I do not know whether the House understands who will be needed while she does live. I hope the amendment this roll call is to disclose a quorum or whether we are to vote will be voted uowu. [Applause.] " yea " or " nay " on the bill. The CHAIRMAN. The Clerk will report the amendments. The CHAIRMAN. The purpose of the roll call is to disclose The Clerk read as follows : whether or not a quorum is present. Amend, page 1, line 6, by striking out after the wcrd " o! " the word After the roll call, "Gene1·al.' The SPEAKER resumed the chair, and Mr. RUCKER of Colo The question was taken, and the ,amendment was agreed to. rado, the Chairman of the Committee of the Whole House· on the The Clerk read as follows : state of the Union, reported that that committee, finding itself Amend. line 7, by strikin9 out the words "the United States Army" without a quorum, he had caused the roll to be called, and that and inserting in lieu thereor "United States Volunteers." 238 Members answered to their names, a quorum. The question was taken, and ~e amendment was agreed to_. LE.AVE OF .ABSENCE. The Clerk read as follows : Mr. DENVER, by unanimous consent, was granted leave of ab Amend, line 9, by striking out the words "one hundred" and insert ing in lieu thereof the word " fifty." sence for an indefinite period on account of important business. The CHAIRMAl"'f. The question is on agreeing to the amend SPEAKER PRO TEMPORE FOR TO-MORROW. ment. The SPEAKER designated Mr. LLOYD to preside as Speaker The question was taken, and the Chairman announced the 'pro tempore for to-morrow, Saturday, July 13, 1912. noes seemed to have it. CORNELIA BRAGG. Mr. RODDENBERY. Mr. Chairman, I ask for a division. The committee resumed its sitting, with Mr. RUCKER of Colo The committee divided; and there were-ayes 19, noes 20. rado in the chair. 8954 CONGRESSIONAL RECORD-HOUSE. g-ULY 12, Mr. SIMS. Mr. Chairman, I demand a division on the -vote. Mr. KENDALL. It is a Senate biII? I demand tellers. Mr. RICHARDSON. That is correct, I have no doubt, as The CHAIRMAN. Tellers are demanded. stated by the gentleman from Kentucky, and all that I am Mr. RICHARDSON. Mr. Chairman, I ask that the Olerk interested in, Mr. Chairman, is that there·shall be justice and read the amendment. uniformity of treatment. The CHAIRMAN. Without objection, the Clerk will read Mr. KENDALL. Is it a Senate bill? the amendment. Mr. RICHARDSON. No ; a House bill. The Clerk read as follows: Mr. KENDALL. How does it come before the House, then, Page 1, line 9, strike out the words "one hundred" and insert in with a committee amendment reducing it to $50? lieu thereof the word "fifty." · Mr. LANGLEY. It came from the Committee on Invalid Mr. LANGLEY. Is that a committee amendment, Mr. Chair- Pensions, and this is a committee amendment reducing the man? amount that was provided in the original bill. Mr. RICHARDSON. I desire, Mr. Chairman, to discuss that Mr. RICHARDSON. Is this a Senate bill? amendment for a moment. I wish to say this: I believe that l\Ir. LANGLEY. No; this is a House bill. if the Members of the House understand what the am€ndment fr. GARNER. Mr. Chairman, will the gentleman yield to is they will vote for it. It is an important matter and has re- me for a moment? cently been passed upon. It is a good custom if it is honestly The CHAIRMAN. The Chair desires to understand from the and faithfully observed, because it applies to all widows of gentleman from Alabama to whom he yields. admirals and generals. I held in my hand the other day some Mr. RICHARDSON. I yield to the gentleman from Texas seventy and odd of such bills when the question came up here [Mr. GARNER.] that the Pension Committee of the Senate had allowed Mrs. Mr. GARNER. Mr. Chairman, the gentleman from Iowa Schley, the widow of Admiral Schley, the sum of $50. The [Mr. KENDALL] asked a very pertinent question; but when the Pension Committee of this House that had charge of this bill gentleman from Iowa or any other gentleman asks the question, sustained the Pension Committee of the Senate, but after an nnd this bill comes in here with an amendment at $50 a month earn~st speech, full of eloquence and sentiment, as I was told, instead of $100, as originally introduced, if he will refer to the the Senate overrode its own committee and fixed 1\Ir. Schley's rules of the House and the rules governing the action of the pension at $150. I did not think then and I do not think now committee he will ascertain, if any bill is introduced and it was right, although the suggestion was made to me by the reported back to the House with a change, that the committee various gentlemen here as chairman of the Pension Committee n.mendment must be adopted. In other words, if he should in that we allow an amendment of $71J, which the gentleman from troduce a bill allowing $1,000 a month the committee would Illinois [Mr. MANN] had offered. · report that identical bill with an amendment, say, at $25 a I said it was breaking that custom and making a line of month. demarcation against those widows that was unjust and unfair, Mr. LANGLEY. That is exactly the case here. This is not and I did not think this House would stand foT it. But it did. an omnibus bill, but an individual bill. I predicted -it then, that having violated that custom, sacred as Mr. KENDALL. The committee has reported the bill and I thought it was, that a number of instances would follow where recommended that the bill be passed with the rate fixed at $50 it would be asked by worthy widows of distinguished admirals a month. and generals, "Why could you not give us $100 just as well i\Ir. RICHARDSON. Yes. If we vote on it, we will vote for as you do any of the distinguished widows?" an amendment which makes it $50 a month for the widow. Mr. SLAYDEN. Will the gentleman from Alabama permit Mr. COOPER. Mr. Chairman, wm the gentleman yield? a question? The CHAIRMAN. Does th-e gentleman from Alabama yield Mr. RICHARDSON. Why, yes. to the gentleman from Wisconsin? Mr. SLAYDEN. Quite a good many of us came into the l\Ir. RICHARDSON. Yes; certainly. House after this question was raised, and there is confusion Mr. COOPER. This widow is 82 years of age, is she not! in the minds of a good many Members as to just what this Mr. LANGLEY. She is nbout that age. proposition is, and there is so much confusion in the House that Mr. COOPER. She is 82 years of age past, I am informed mauy of the Members did not hear the statement of the gen- by my colleague, Mr. Bur.KE. The testimony is uncontradictro tlemnn from .Alabama [Mr. R1cHAJIDSON]. I want to ask him that she has no income at all. Is that true? if I have a correct understanding of it. Mr. 1.IAl\TN. That is true. The CH.AIRMA.N. The Chair wi11 state that the gentleman Mr. RICHARDSON. Yes; that is true, I presume, from the from Alabama is out of order. The matter ha.s been settled so statements made. far as debate is concerned. If the gentleman from A.la.bama Mr. COOPER. .And the testimony is that she is the widow of will ask unanimous consent-- Gen. Bragg, the commander of the Iron Brigade, one of the 1 Mr. SLAYDEN. The gentleman from .Alabama asked the most justly celebrated brigades in all history. Is not that true? privilege of speaking. Mr. RJCHARDSON. I have no doubt it is true. 1\Ir. l\IAJ\TN. A parliamenta1-y inquiry. Mr_ COOPER. That was the brigade which history declares The CHAIRMAN. The gentleman will state it. held Stonewall Jackson's whole division at Gainesville, one of Mr. MANN. Was there any order entered by the House the fiercest battles of the war, for more than an hour, and closing debate? helped save the Union Army from what seemed certain dis- .Ur. LANGLEY. The demand for tellers makes it necessary aster. Too heroism of that brigade on many a blood-stained to take a vote over again. field won for it an immortality of renown. .And yet the poor Mr. RICHARDSON. I ask unanimous consent to make a widow of its heroic commander is to be pensioned at the rate of statement about the status of this matter. $50 a month, when every Member of the House knows µiat no JHr. KEJl."'DALL. I ask unanimous consent that the gentle- woman of her age, without other income, can live in these man from Alabama [Mr. RICHARDSON] may proceed for rn times as the widow of a Union veteran ought to live on only minutes. $50 a month. She will be obliged to have the attendance of There was no objection. another person, and for this she can not pay; and yet the Gov- Mr. SLAYDEN. Now, Mr. Chairman, I was asking the gen- ernment of the United States, the richest Nation the world ha>i tleman from Alabama a questio~ dlld with his permission I ever seen, is quibbling about giving her a pension large enough will continue it. A.m I correct in the understanding that this to maintain her in comfort. was a proposition to grant a pension of $100 a month, and that Mr. ANDERSON of Minnesota. Mr. Chairman, will the gen- there is now pending an amendment reducing that pension to tleman yield? 5 $ ~1 ~ ~:1r:.? Is it a committee amendment? The CHAIRMAN. Does the gentleman from Wisconsin yield l\Ir. SLAYDEN. Yes; a committee amendment, to make it to the gentleman from Minnesota? $50 n month. Mr. COOPER. I yield. Mr. RICHARDSON. Yes; but the trouble is that the gentle- Mr. RICHARDSON. I do not think that is a proper state- m.an who is in charge of the bill offers to leave it at $100 a m~.. ..ANDERSON of 'Minnesota. The gentleman's argument month.1\fr. LANGLEY. Mr. Chairman, as a member of that commit- would indicate that in his judgment every wid ow s h ould h ave th b.11 at least $50 a month. tee, if the gentleman will allow me, let me 8 tate th a t e 1 Mr. COOPER. That is what I do believe if she is more than as introduced, if I remember aright, provided for $100 a month. 80 years old and without income. This widow is more than 80 Mr. RICHARDSON. Yes. Mr. LANGLEY. And our committee· thought it best to fol- years of age and destitute of income. low the usual custom in such cases and fix the amount at $50 Mr. LANGLEY. That is what the House has always refused. a month. This is a committee amendment, reducing the amount 1\Ir. -COOI?ER. I do not care how often or how long the provided ip. the original bill. House has refused. It is never too late to do justice to the 1'912. OONURESSIONAL REOORD-lrOUSE. 8955 widow of :a Union seldier A bad· ;precedent never :makes good : lfevring •to " this side ·of the House,~' the Democratic, cm -the law. Penurious, ungrateful, ipinchbeck, alleged economy ·does subject of pensions af this cha:racter. That is unfair mid :an-· not weigh ·an atom, ill my judgment, against the just 'Claims ·O'f . kind. .I can say :for ·myself that there would be no 'hesitancy the widow of a hero like Gen. Bragg, of the Iron Br.igade. on my part, and has been none since 'I have been a Member [.Applause.] . of the Honse, to :honor the Federal soldiers of the Giv.il War Mr. RIC:EI.ARDSON. ·I think that is all true, but-- and •their widows. 1\Ir. COOPER. My attention has only just been ·called ito this. But this is a different principle. It is a question of justice I knew nothing about it until a moment ago, when 1: inquired between these widows of distingni'shed soldiers. It makes no of my colleague and of the gentleman from ruinois as to what difference how grand the Tecord of Gen. Ilragg was in the ,Ci--vil was before the House. I -shall never knowingly vote to give W-ar. Th.ere is •no question about that; but . J .predicted the only $50 from the Treasm'Y of the United ·states to the widow other day that if S'OU bro~ down this custom of granting to of a private soldier nor to the widow of an officer when, in this c1ass o.f widows $50 you would destroy the w'hole thlng, either case, the widow is •more than 80 years •oi: age and lJI'aC- and all these good women would be led to crone in .and ask for tically helpless. [.Applause.] . a different a:nd increased 'Pension. Here we have one to-d.ay, Mr. RICHARDSON. How do.es the gentleman -establish rthe and they will come in numbers, troo1}ing along, as they onght line of demarcation-- to come, if you make a distrnction between them. This bill Mr. COOPER. I do not establish any line of demarcation. does not come from the Pension Committee, it comes from the l\Ir. RICHARDSON. I haYe listened to the gentleman's ques Co:mmittee on Invalid Pensions; but it is the principle I am tions car:efully, and l -should like i:o ask 'him a question. contending for., and doing justice among these widows of the Mr. COOPER. When a widow of any gallant Union .soldier, old ·soldiers. officer ·or ·pri'rn.te, is -so aged as to be uuable to en.r.n ·a .U-dng, iI Mr. SIMS. Mr. Chairma.n, I want to ask the gantleman from will \ote ito pay her enongh money -out of the United ,States Illinois [Mr~ FuLLE.u] a question. 1 understo.o.d the gentlemall Trensm:y to keep her honorably, in comfort .n.nd free from care, to allege, as a matter of policy, that we ought to giYe the .unt.n she goes to her gr.ave. widow •of a s0ldier fue same pension th.at the soldier himself MI·. RlCRARDSOPr. Then I will :ask the gentleman this r.ecerred ·wfille living. question : How will he make a line of demarcation as to 'the Mr. FULLER. I did not state that .a.s a matter of policy, rndow of -an admiral who has not the reputation, fame, honor, but in this case I think :it is ·a matter of common justice. and glory among the people ·of the Nation that Admiral · schl~y Mr. SIMS. The gentleman ·thinks that this i-s an eKceptiona1 made in this country for himself? ·wm the gentleman make ~ cn.se? difference in money between 1:hem? That ts the question I Mr. FULLER. I do, on acconnt of the nge of the widow and want him to answer. the distinguished services of the soldier. Mr. OOOPEn. I will make no line of demarcation. Mr. SIMS. And the gentleman :voted for $100 for Gen. -Br.agg, Mr. RI~.dARD$0N. ~ou are bound to make it. who had 1himself nnd his wife to take care of, and ha thoug.ht .!\Ir. COOPER. i am not bound to make it. that was amply sufficient. Mr. RICHARDSON. You are, when you give the Widow of Mr. FUL-LER. It was not amply sufficient. one admiral $150 a month and another $75 or -$80, and .the rec Mr. SIMS. It w.as all the gentleman voted .for. ords of this GoveTil.IDent show that tlle widows ·of ·brave ·and Mr. FULJ'LER. It was all we could get the House to g,ive. gallant soldiers who .fought for the flag of the Union are by n Ur. SIMS. Does the gentleman .think ·there is any discrimina- uniform custom r eceiving $50. Why do you not increase them? tion tn regard to the widow when he voted that $100 was enough Our committee try to :i;nainta.in justice 11.nd fairness without dis for both of them, and now the proposition is to give $50 to one? crimination between these good women, nnd for that r.ea:son, Mr. FULLER. It was a pittance for both. I neYer said it as- chairman of the Pension Committee, when the case of Mrs. was enough for both. It is a little thing for this great Nation Schley came up, and it was proposed t"o give her -$15D, our com t-0 do to ove this Widow the pension that we voted to Gen. mittee stood strongly .against it because it was violative ·of a lliq~ . custom that was right and fair and just to the .equally de- J:r. JOI\"'ES. ~Ir. Chairman, I make th.e point of order that serving widows of other distinguished men. this debate J.s O'Ut of .ordeT. The committee was dividing when Mr. COOPER. I was not aware that the. Congress of the tb.e point of no -quorum was made. 'United States 'had heretofore voted only $'50 a mo.nth to so 1\.Ir. 1\-IA'J\"'N. Mr. Chairman, I submit that there was no aged and poor a widow as is the one named in the pending bill. order closlng debate, and the untversal rule of parliamentary Mr. Al\TDERSON of Minnesota. 7lwe1ve dollars in some -cases. law and fue tu1e in this House ls that until debate is closed Mr. COOPER. I was not refer.ring to the general law. I by order of the Housa debate is in order until the negatiTe vote mean that I am not a ware of a -special act ha'V'ing !been passed is taken on the final -vote. in such a case Which limited the pension to tb.at amount. Mr. JONES. I make the point of order., Ur. Chairman.. Mr. KEIND.ALL. Is it not 01tdinari1y true-- '1Ir. SilfS. l3ut, Mr. Chairman, I do not want to be taken Mr. COOPER. But if that be true, I am 1in 'favor of doing off of the -floor by any point of order. what is plainly 1rig'ht no·w, and of giving to this woman, help Mr. JO~TES. I ma1re t'he point of order that debate was less in her old age and within sight of her grave, enougb to clo ed ·and the House was dividing. support her in comfort, ns becomes . the widow of :a Union sol The CHAIRMAN. The Chair will state to the gentleman dier, until sbe ·shn11 pu-ss across the ·dark river. from Virgmia that the Chair was inclined to agree with the Mr. RICHARDSON. Regardless-- gentleman from Virginia, but he has since been convineed that Mr. COOPER. And the fact that heretofore Congress may he was wrong, and as the gentleman from Illinois is usually not ha-ve dealt justly by another aged widow will not suffice to right, the Chair will overrule the point of order. The gentle j ustify us if now we deal unjustly by t'his one. man from Tennessee [Mr. Sr:rus] hns the floor. The CHAIRMA.r. The time of the gentleman has expired. Mr. SIMS. Mr. Chairman, I want to state that I am not Mr. FULLER. l\Ir. Chairman, this Congress, at the present making an objection to this particular pension, but I think the session, passed a biU giving to ·Gen. Dragg himself a pension of committee should not be overruled without an opportunity to be '$100 il mon.th. '.rhat bill beearne a law on the 19th day of June heard. "The bill was reported by the committee of which the last, and on the next day Gen. Bragg died, at the ·age, I fliink, gentleman '.from Illinois [Mr. FULLER] is a member. of oTcr 84 years. He never Teceived any b.e:nefit from that act. Mr. FULLER. But I was not present when the report was · The proposition -now is to give to this old widow tbe pension made. that had just been Toted by this Congress to Gen. Bragg, and I l\fr. SIMS. I have been on the Committee on Pensions and I am -surprised that any gentleman ·on the other side of this have ihad some experience. Mnny times it used to occur tlui.t House, especially, should op.Pose any honor that may be shown amendments were offered on the floor of the House of which the to Gen. Bragg or bis aged widow. There never iwas a braver committee had had no opportunity to considel', and an appeal soldie1·; there net er was a man deserving more from his would be made to the sympathy of Members when the commit country than ·Gen. Bragg. [.Applause.~ To ·that widow, who i-s tee had had no opportunity to consider it. Now, the Committee now more than 82 yen.rs of age, and wbo is without 'IJI'Operty on Pensions and the Committee on Invalid Pensions must have and help1ess, we are proposing to give the pens:ion that. Con general rules, and whene-ver a bill is reported from that com gress bad alrendy voted to the general himself, and from w-b.icb mittee and the Rouse thinks it is not sufficiently large, it seems neitl!er he nor she ever receh·ed any benefit. to me that the proper motion would be to recommit the bill and I hope this amendment will not be adopted, but tha:t this let the comtnittee reconsider its action and give the committee House, With lmnnimity, may agree to :give to this aged widow an opportunity to do what it deems wise. I think the gentleman what she needs 'for her comfort and support dnring the few .from .Alabama is correct. If these widows are allowed diffeT days that she is to remain ·upon tnis earth. [Applause.] en:t pensions by special acts-if they are granted pensions in M.r. RICH.AilDSON. ld:-i:.. Chairman, I am surprised at the excess of the ·sum allow-ea. by the committee as reporte private act. Besides, under the general law we have always that the Congress of the United States should exercise a little .given the soldier himself a gre.,ater pension than his widow. more justice, a little more equity, a little more uniformity, l\lr. FULLER.· Mr. Chairman, will the gentleman yield? than it sometimes does in the distribution of the gratuities that Mr. SIMS. Certainly. · are granted by the Government to its soldiers and their l\lr. FULLER. If the bill were recommitted, the probability widows. LA.pplause.] is that this widow, like her husband, would die before she could Mr. SULLOWAY. Mr. Chairman, will the gentleman yield have any benefit from the· pension. for a question? Mr. SIMS. I do not think the gentleman's committee is sub Mr. LANGLEY. Certainly. ject to a charge that it does not act diligently. Mr. SULLOWAY. Mr. Chairman, I am a member of the l\fr. FULLER. But we are in the closing days of this session. committee, but I was absent when this matter was brought up. Mr. SIMS. And where does the gentleman get such encourag Mr. LANGLEY. I am sorry the gentleman was not present. ing information-that we are in the closing days of this session? He ought to have been. LLaughter and applause.] Mr. SULLOWAY. And so am I-much more so than the gen Mr. MANN. Mr. Chairman, I ask unanimous consent to tleman. I want to ask him if this widow has any other prop- proceed for three minutes. erty than the home in which she lives? · The CHAIR.M.d.N. Is there objection? Mr. LANGLEY. So far as I am advised, she has no cash There was no objection. income. Mr. MANN. Mr. Chairman, we recently passed a law, general Mr. SULLOWAY. Does the gentleman know of the widow of in its nature, providing for an increase in pensions. The highest a general, who was his wife during the war, with the rank and amount carried under that law for a soldier of three years' or record of Gen. Bragg, who is not drawing $100 a month at the more service in the Arrriy, of old age, was $30 a month for himself present time, if she is living? Has not that bean the fact for and his wife. We have recently passed, without the knowledge long years? This talk about a custom of paying only $50 a of the House, a bill granting a pension of $100 a month to Gen. month is of no force and never was a fact. Let the gentleman Bragg. It was news to every Member of the House, I think, look at the record, and he will find that some widows were that the bill had been passed, except perhaps the gentlemen granted $500 a month-yes, all the way from $100 a month to upon the committee. Gen. Bragg has died. That bill carried $5,000 a year. $100 a month for the support of himself and his wife. There 1\Ir. LANGLEY. My information is that has not been the is a general rule of Congress, of the committees both of the general practice. If the gentleman has evidence to the con House and the Senate, that they will not grant a pension for trary, let him submit it. more than $50 a month to widows. In the course of my service The CHAIRMAN. The question is on agreeing to the com here I have had numerous applications from widows of generals mittee amendment. living .in Chicago pointing to the day when Congress passed The question was taken; and on a division (demanded by Mr. pensions for widows at the rate of $100 a month and insisting LANGLEY) there were-ayes 67, noes 56. that they were entitled to the same amount. 1\Ir. FOCHT. Mr. Chairman, I ask for tellers. I prefer to .grant larger pensions to widows of soldiers who Mr. KENDALL. l\Ir. Chairman, I make the point of order now get not to exceed $12 a month and give them $20, and less it is too late to ask for tellers. to the widows of soldiers who receive $100. [Applause.] Mr. FOCHT. Mr. Chairman, I ask for tellers. Therefore I shall vote for the amenclment to reduce the amount Mr. LANGLEY. Mr. Chairman, it is too late. to $50 a month, knowing that if that bill passes the House Tellers were ordered. . it has a chance to become a law and the widows will r eceive The committee again divided; and the. fellers [Mr. RICHARD thnt amount of money during their lifetime. . soN and Mr. BROWNING] reported that there were-ayes 77, l\Ir. LANGLEY. Mr. Chairman, I move to strike out the last noes 53. word.. I do this for the purpose of affording myself the oppor So the amendment was agreed to. tunity, debate having been exhausted-under the rules, to speak The CHAIRMAN. The Clerk will report the additional com· briefly on the merits of this bill. I desire to support the amend mittee amendment. ment reported by the committee, and I am free to admit that I The Clerk read as follows : aru speaking against my sentiments and in obedience to my Page 1, lines 9 lind 10, strike out the words "in lieu of that she is judgment. I am a member of the committee that reported the now receiving." bill. I trust that I am not seriously violating the rule regard The question was taken, and the amendment was agreed to. ing committee proceedings when I say that it was upon my mo The CHAIRMAN. The question is, Shall the bill be laid tion that the amount proposed by the bill as originally intro aside with a favorable recommendation? duced by the gentleman from Wisconsin [.Mr. BuRJrn] was re The question was taken, and the bill was ordered to be laid d uced from $100 to $50 a month. We thought, after discussing aside with a favorable recommendation. the matter fully, that $50 a month was a sufficient amount, and Mr. RICHARDSON. :Mr. Chairman, I move that the com that it was in accordance with the usual custom which has pre mittee do now rise and report the bills favorably with the rec· vailed heretofore in similar cases. The sympathy of every kind ommendation that the amendments be agreed to and that the hearted man is naturally appealed to by the statement that has bills as amended do pass. been made here, that Mrs. Bragg is past 81 years of age, and Mr. MANN. A parliamentary inquiry, Mr. Chairman. but for the principle involved that fact alone would induce me to The CHAIRMAN. The gentleman will state it. vote for the $100 rate. But, Mr. Chairman, I am satisfied that Mr. :MANN. If the gentleman will withhold his motion for most Members have not been advised fully as to the facts of a second. the case. The evidence before cur committee showed that Mrs. l\Ir. RICHARDSON. Yes. Bragg owns a residence valued at $5,000. That would be re Mr. MANN. The parliamentary inquiry is, Is it not in order garded in the mountains of Kentucky, where I live, as a rather to call up on the calendar those bills removing charges of deser· palatial home. It is a finer home than any widow of a Union tion or bills which have been similarly treated in recent years so!dier in my congressional district possesses, so far as I am bills providing that the pension laws shall be made applicable informed. I can recall the cases of scores of widows of Civil in certain cases where there are charges of desertion? . \Yar Yeterans who 1ive in my district who occupy log cabins that The CHAIRMAN. The Chair will state to the gentleman are not worth $25. Some of these widows, who married the from Illinois that he is advised that in the House the motion soldiers since June 27, 1890, are not receiving any pensions at was made to go into the Committee of the Whole House on the alL Nearly all of those who are on the rolls receive only $12 a state of the Union to consider pension bills on the Private montb, and they a.re old and unable to earn a support, and most Calendar. of them are in actual need of some of the necessaries of life Mr. ~fANN. I understand that is the way the Speaker put which this pittance of $12 a month will not procure for them. the motion, but I believe that is not the way it was made, and I agree with the distinguished gentleman from Illinois [Mr. it is not the proper motion; but I have no objection. :MANN] that we ought to concern ourselves more with cases The CHAIRMAN. The gentleman from Alabama moves that where actual poverty and need exist and less with bills grant the committee rise and report the bills favorably, with the ing a rate of pension which to these poor widows would be recommendation that the amendments be agreed to and that a. magnificent income. I do not believe this House ought to the ills as amended do pass. increase the amount over that recommended by the committee. The question was taken, and the motion was agreed to. I think the action of the committee was right, and I think the Accordingly the committee rose ; and the Speaker having re people of the country will approve of it, not because they do sumed the chair, Mr. RucKEB of Colorado, Chairman of the not honor the memory of Gen. Bragg, not because they do not Committee of the Whole House on the state of the Union, re appreciate to the fullest .the spendid service which he rendered ported that that committee had had under consideration pension to the country in the hour of its peril, but because they believe bills on the Private Calendar and b ad directe~ him to report 1912. . CONGRESSIONAL RECORD-HOUSE. 8957 back to the House the bill H. R. 20362 with amendments, the amendment will vote "yea" and those opposed will vote "nay,'~ b.ill S. 1152 without amendment, the bill H. R. 25713 with and the Clerk will call the roll. amendments, and the bill H. R. 25598 with amendments, with The question was taken; and there wei'e--yeas 125~ nays 78l the recommendation that the amendments be agreed to and answwered "present" 8, not voting 178, as follows: that the bills as amended do pass. The SPEAKER. The Clerk will report the first bilL YEAS->125. · Adamson Fields Jones Rouse CATHERINE WISE. · Alken, S. C. Fitzgerald Kendall Rubey Alexander Flood, Va. Kennedy Sabath The Clerk read as follows: Allen Floyd, Ark; Kitchin Sims A bill (IT. R. 20362) granting a pension to Catherine Wise. Anderson, Minn. Garner Korbly Sisson Barnhart George La Follette Smith, Tex. Mr. COOPER. Mr. Speaker, a parliamentary inquiry. Bathrick Godwin. N. C. Langley Stedman The SPEAKER. The gentleman will state it. Beall, Tex. Goodwin, Ark. Lee, Ga. Stephens, Miss, Bell, Ga. l\Ir. COOPER I desire at the pro~r time, if this is the Gl·ay Lever Stephens, Tex. Blackmon Green, Iowa Lin-dbergh Salzer pToper time, to ask for a separate vote upon the Bragg amend Booher Gregg, Pa. McDermott Sweet ment. I did not hear what this bill is. Borland Gudger McKellar Talbott, Md. The SPEAKER. Tlle bill comes up in its turn. Buchanan Hamill McKenzie Taylor, Ala. Burke, S. Dak. H amlin Maguire, Nebr. Taylor, Colo. Ur. COOPER. I did not understand the name of this bill, Burleson Hammond :Mann Tilwn and I wished to be on the safe side. Barnett Hardy Martin, Colo. Towner The question was taken, and the amendments were agreed to; Byrns, Tenn. Harrison, Miss. Mays Townsend Candler Haugen Moon, Tenn. Tribble '.rbe bill as amended was ordered to be engrossed and read a Clayton H ay Morrison Turnbull third time, was read the third time, and passed. Collier Hsyden. Moss, Ind. Tattle Cullop H enry, Tex. Neeley MARY BRADFORD CROWNINSHIELD. Underhill Curley Hensley Oldfield Und~rwood The SPE..~KER. The Clerk will report the next bill. Davenport Hobson Padgett Utter Dent Houston Page Warburton The Clerk read as follows: Dickinson Howard Payne Watkins A bill (S. 1152) granting an increase of pension to Mary Bradford Dixon, Ind. Howell Pou White Crowninshield. Doughton Hughes, Ga. Prouty Wilson, Pa. Driscoll, D. A. Hughes, N. J. Redfield Witherspoon The bill was ordered to be read a third time:, was read the Du pr~ Hull Rees Woods, Iowa third time, and passed. Edwards Jacoway Richardson Faison James Robl:n.son GRANTING PENSIONS TO CERT.A.IN SOLDIERS AND SAILORS, ETO. Fergusson Johnson, Ky. Roddenbe1·y The SPEAKER. The Clerk will report the next bill. N.AYS-78. The Clerk read as follows: Ainey Foss Lobe ck Smith, :J. M. C. A bill (H. R. 25713) granting pensions and increase of pensions to J\....nderson, Ohio Fowler Longworth Smith, N. Y. certain SQldiers and sailors of the Regular Army and Navy, and cer-tain Austin Francis McGillicuddy Speer soldiers and sailors of wars other than the Civil War, and to widows Bartholdt French McGuire, Okla. Stephens, Cal. and dependent relatives of such soldiers and sailors. Bowman Fuller McKinley Sterling Browning Gallagher McKinney Stevens, Minn. The amendment was read. Bulkley Gardner, Mass. Morgan Stone The question was taken, a:i;td the amendment was agreed to. Burke, Wis. Goldfogle Mott Sulloway The bill as amended was ordered to be engrossed and read a Catlin Good Mun·ay Switzer Connell Greene, Mass. Olmsted T!flcart third time,, was read the third time, and passed. Conry Hartman Pickett T cott, N. Y. CORNELIA BRAGG. Cooper Hawley Porter Taylor, Ohio Copley Hayes Post Thistlewood The SPEAKER. The Clerk will report the next bill. Cox, Ind. Howland Raker "\'\' edemeyer The Clerk read as follows : Crumpacker Kon op Raucb WWtacre Danforth Langham Reilly Willis A bill (II. R. 25598) granting an increase of pension to Corn1:llia Dodds Lee, Pa. Bragg. Roberts, Nev. Wilson, Ill. Esch Lenroot Raeker, Colo. Young, ~Heh. The SPEAKER. The Clerk will report the amendments. Farr Linthicum Scully The Clerk read as follows: Focht Littlepage Sloan Page 1, line 6, after the word "of," strike out the word "General." A ~SWERED "PRESENT "-8. Burgess Foster Johnson, S. C. Parran The question was taken, and the amendment was agreed to. Butler Hill Kahn Peter,s The Clerk read as follows: NOT VOTING-178. Page 1, line 7, strike out the words "the United States Army'' and insert in lieu thereof the words "United States Volunteers." Adair Difenderfer Kinkaid, Nebr. Pray Akin, N. Y. Donohoe Kinkead, N. J. Prince The question was taken, and the amendment was agreed to. Ames Doremus Kn-0wlana Pujo The Clerk read as follows : Andrus Draper Konig Rainey Ans berry Driscoll, M. E. Kopp Randell. Tex. Page 1. line {), strike out the words " one hundred" and insert 'in lieu Anthony Dwight Lafean Ransdell, La. thereof the word "fifty." Ashbrook Dyer Lafferty Reyburn Mr. COOPER. Mr. Speaker, I ask for a yea-and-nay yote on Ayres Ellerbe Lamb Riordan Ilarchfeld Estopinal Lawrence Roberts, Mass. that amendment, which decreases the amount to $50 a month. Bartlett Evans L_egare First, I ask for a division on that. I demand the yeas and Bates Fairchild Levy ~~~~~!~1 nays. Berger Ferris Lewis Rucker, Mo. - Boehne Finl~y Linasay Russell The SPEAKER. The gentleman from Wisconsin demands the Bradley Fordney Littleton Saunders yeas and nays. Brantley Fornes Lloyd Sells Mr. COOPER. And I make the point of no quorum. Broussard Gardner, N. J. Loud Shackleford Brown Garrett McCall Sharp The SPEAKER. The Chair did not hear the last remark. Burke, Pa. Gillett McCoy Sheppard Mr. COOPER. I make the point of no quorum. Byrnes, S. C. Glass McCreary Sherley :Mr. MANN. Has the vote been ordered taken? Calder Goeke McHenry Sherwood Callaway Gould McLaughlin Simmons The SPEAKER. The question is on agreeing to the amend Campbell Graham Mcl\Iorran Slayden ment. Cannon Gregg, Tex. Macon The question was taken, and' the Speaker announced the C:mtrill Griest Madden ~~~w Carlin Guernsey Maher Smith, Sarni. W. ayes seemed to have it. Carter H amilton, Mich. Martin, S. Dak. Smith, Cal. l\fr. COOPER. Now, Mr. Speaker,_ I make the point of no Cary Hamilton, W. Va. Matthews Sparkman quorum. Clark, Fla. Hanna Miller Stack is Claypool Hardwick Mondell Stanley The SPEAKER. Evidently there no quorum present. The Cline Harris Moon, Pa. Steenerson Doorkeeper will close the doors, the Sergea~t at Arms will Covington Harrison, N. Y. Moore, Pa. Stephens, N~. notify absentees, and the Clerk will call the roll. On the roll Cox, Ohio Heald Moore, Tex. Thayer in Crago H eflin Morse, Wis. Thomas call those favor of the amendment will vote "aye" and Cravens Helgesen Murdock Vara those opposed will \Ote "no." ~ Currier Helm Needham ~ Volstead Mr. RICHARDSON. A parliamentary inquiry, :Mr. Speaker? Carry Henry, Conn. Nelson · Vreeland Norris The SPEAKER. The gentle~ will state it. Dalzell Webb Daa~herty m~a~ns Nye Weeks Mr. RICHARDSON. In voting on the question of a quorum, Davidson Holland O'Shaunessy Wilder if you vote "aye"' you vote for the amendment? Davis, Minn. Hughes, W. Va. Palmer Wilso::i. N.Y. Davis, W. Va. Humphrey, Wash. Patten, N. Y. Wood, N. J. ,The SPEAKER. The \Ote is on the amendm€nt. De Forest Humphreys, Miss. Patton, Pa. Ygung, Kans.. 1\Ir. RICHARDSON. I say it is on the amendment. Denver Jackson Pepper Young, Tex. The SPEAK.Ell. Tb.at is what the Chair stated. On this Dicl{Son, Miss. Kent Plum lily V:9te it was not .a question of -voting "present" only. It is Dies Kindred Powers a que§tion of yoting " aye " or " no." Those in favor of the So the amendment was agreed to. 8958 CONGRESSIONAL _RECORD-ROUSE. JULY 12, The Clerk announced the following pairs: A quorum being present, the doors were opened. For the session : The SPEAKER. The Clerk will report the next amendment. Mr. BARTLETT with l\Ir. BUTLER. The Clerk read as follows: l\Ir. HOBSON with 1\Ir. FAIRCHILD. On .lines 9 and 10 strike out the words «in lieu of that she is now Mr. GLASS with .Ir. SLEMP. receivrng." . Mr. RIORDAN with Mr. ANDRUS. The SPEAKER. The question is on agreeing to the amend~ l\fr. FORNES with Mr. BRADLEY. ment. Until further notice: The question wits taken, and the amendment was agreed to. Mr. BOEHNE with Mr. CARY. Mr. KENDALL rose. l\Ir. BRAN'I·LEY with l\fr. DALZELL. The SPEAKER. For what purpose does the gentleman rise? 1\Ir. BROUSSARD with Mr. NYE. l\fr. KENDALL. I rise to suggest that in view of the fact 1\Ir. BROWN with Ur. DAVIS of 1\finnesota. that the amendment has been adopted striking out those words Mr. CALLAWAY with Mr. MICHAELE. DRISCOLL. the title ought to be amended. ' Mr. CANTRILL with 1\Ir. HANNA. The SP:~.AK_ER. That _will be done after the bill is passed. l\fr. CARLIN with Mr. HELGESEN. The question is on the engrossment and third reading of the l\fr. McCoy with Mr. HIGGINS. amended bill. - Mr. CLARK of Florida with Mr. HENRY of Connecticut. The bill as amended was ordered to be engrossed and read a l\lr. COVINGTON with 1\fr. HUGHES of West Virginia. third time, was read the third time, and passed. Mr. DAVIS of West Virginia with Mr. HUMPHREY of Wash- The title was amended so as to read: "A bill granting tt ington. pension to Cornelia Bragg." 1\Ir. DICKSON of Mississippi with l\fr. KENT. l\Ir. LANGLEY. Mr. Speaker, I ask unanimous consent to Mr. DIES with 1\Ir. KINKAID of Nebraska. revise and extend my remarks in the RECORD. Mr. DIFENDERFER with Mr. KNOWLAND. The SPEAKER. The gentleman from Kentucky [l\Ir. LANG Mr. DONOHOE with Mr. LAFEAN. LEY] asks unanimous consent to extend his remarks in the Mr. ESTOPINAL with Mr. LAFFERTY. RECORD. On what bill? l\Ir. FERRIS with Mr. LA WREN CE. Mr. LANGLEY. On this bill. Mr. GREGG of Texas with Mr. McCREARY. The SPEAKER. Is there objection? Mr. HAMILTON of West Virginia with Mr. MADDEN. There was no objection. l\Ir. HEFLrn with Mr. MARTIN of South Dakota. On motion of Mr. RICHARDSON, a motion to reconsider the votes Mr. HOLLAND with Mr. MATTHEWS. whereby the foregoing pension bills were passed was laid on the Mr. KINDRED with Mr. MILLER. table. Mr. LA.Mn with Mr. 1\foNDELL. REMOVAL OF CHA.BGES OF DESERTION. Mr. LLoYD with Mr. PRINCE. 1\Ir. CLINE with Mr. ROBERTS of Massachusetts. Mr. HAY. Mr. Speaker, I move that the House resolve itself Mr. PEPPER with Mr. RODENBERG. ir.to Committee of the Whole House to consider bills on the 1\fr. RAINEY with 1\f.r. SIMMONS. Private Calendar having for their purpose the remo-val of the charge cf desertion. Mr. REILLY with Mr. SELLS. The SPEAKER. The gentleman from Virginia· [Mr. HAY] l\fr. RUSSELL with 1\Ir. SAMUEL w. SMITH. Mr. SAUNDEBS with l\fr. VREELAND. moves that the House resolve itself into Committee of the Mr. SHACKLEFORD with Mr. Woon of New Jersey. Whole House for the consideration of bills on the Private .Mr. SHA.BP with 1\fr. YouNG of Kansas. Calendar removing political disabilities and bills removing the Mr. SHERWOOD with 1\fr. MOON of Pennsylvania. charge of desertion. The question is on agreeing to that motion. Mr. SLAYDEN with Mr. MOORE of Pennsylvania. The motion was agreed to. Accordingly the House resolved itself into Committee of the 1\Ir. STANLEY with Mr. l\ImmocK. Whole House for the consideration of business on the Private Mr. THAYER with 1\fr. POWERS. Calendar, with 1\fr. RAKER in the chair. Mr. WEBB with Mr. NEEDHAM. 1\fr. WILSON of New York with Mr. PATTON of Pennsylvania. '.rhe CHAIRl\IAN. The House is in Committee of the Whole for the purpose of considering bills to remove political disabili Mr. YOUNG of Texas with Mr. PRAY. Mr. AYRES with 1\Ir. BURKE of Pennsylvania. ties and charges of desertion. The Clerk will report the first bill. Mr. ANSBERBY with 1\fr. A fES . 1\fr. HAY. Mr. Chairman, I desire to call attention to the Mr. AsHBnooK with Mr. BARCHFELD. fact that only bill.s which have for their purpose the removal Mr. FINLEY with Mr. CunRIER. of charges of desertion nre now in order, and they should be Mr. CLAYPOOL with l\Ir. REYBURN. Mr. HUMPHREYS of Mississippi with Mr. ROB:ii:BTS of Nevada. called in their order on the calendar. The ·CHAIRMAN. Bills to remove charges of desertion and Mr. SHEJIT.EY with Mr. McLAUGHLIN. political disabilities are in order. Mr. GRAHAM with l\Ir. v ARE. Mr. HAY. There are no biJls on the calendar to remove polit l\fr. RANDELI-- of Texas with Mr. SMITH of California. Mr. ELLERBE with Mr. CRAGO. ical disabilities. l\Ir. .MANN. Who is r~presenting these bills, and which is the Mr. FOSTER with Mr. KOPP. :Mr. JOHNSON of South Carolina with Mr. GILLETT. first one? l\Ir. RUCKER of Colorado. I am representing H. R. GC-0. Mr. LEGABE with 1\Ir. LOUD. The CHAIRMAN. If there be no objection, the Clerk will Mr. · LIT-TLETON with Mr. DWIGHT. Mr. report that bill. PUJO with Mr. MCMORRAN. Mr. MANN. Does the gentleman from Virginia [Mr. HAY], Mr. HARDWICK with Mr. CAMPBELL. chairman of the Committee on Military Affairs, haye any memo Mr. GARRETT with Mr. FORDNEY. randum from the calendar, or otherwise, to indicate the order Mr. CARTER with Mr. KAHN. of these bills? ' Mr. SHEPP.A.RD with Mr. BATES. Mr. HAY. I made a memorandum for the gentleman from Mr. GOEKE with Mr. HEALD. Tennessee [l\Ir. SIMS] . I marked his calendar, showing which Mr. RucKER of Colorado with Mr. DYER. Mr. O'SHAUNESSY with Mr. DE FOREST. were the bills to remove charges of desertion. Mr. HARBISON of New York with Mr. HAMILTON of Michigan. Mr. U.A:NN. I think. they ought to be taken in their order. Mr. HAY. Of course. Mr. DAUGHERTY with 1\.Ir. DRAPER. Mr. :MANN. I ask that they' be called in their order. Mr. KINDRED with Mr. GRIEST. Mr. PETEns with l\Ir. l\fcCALL. BARKLEY S. DENISON. l\Ir. SPARKMAN with Mr. DAVIDSON. The first business was the bill (H. R. 11627) to correct the Mr. PALMER with Mr. HILL. military record of Barkley S. Denison. Mr. ADA.IR with 1\!r. HINDS. The bill was read, as follows : Mr. PATTEN of New York with Mr. CANNON,' Be it enacted, etc., That the Secretary of War be, and he is hereby, Ending July 15: authorized and instructed to correct the military record of Barkley S. 1\ir. BURGESS with Mr. WEEKS. Denison, la~e of Fifty-third Regiment Kentucky Volunteer Infantry, and Mr. SMALL with J\fr. CALDER. to grant him an honorable discharge from said reaiment: P1·ot;ided hotoe'Ver, That no pay, bounty, or other allowances shall become due or Ending August 1 : payable by virtue of the passage of this act. Mr. Cox of Ohio with Mr. ANTHONY. Beginning June 28, for two weeks: Mr. TILSON. Mr. Chairman, the i·eport on this biii gives Mr. BYRNES of South Carolina with Mr. PLUMLEY. . the facts >ery fully, and unless there is some request for further The result of the vote was announced as above recorded. explanation I will ask that the amendments be agreed to and 1912. __ : CONGRESSIONAL RECORD-_HOUSE. 8_959 that the bill be laid aside to be reported to the House with a wife died only a few weeks ago, and therefore she was not able favorable· recommendation. . to enjoy the privilege of seeing this justice done him. He has The CHAIRMAN. The Clerk will report the amendment. been thought so well of by his comrades that he has been The Clerk read as follows: chosen commander of the Grand Army post a number of times . Strike out all after the word "late," in line 5, down to and inclu~ing since be has been out of the service. He is asking nothing of the word "regiment," in line 7, and insert in lieu thereof the followmg: this Government in the way of a pension. He is asking simply "A first lieutenant in the Fifty-third Regiment Kentucky Volunteers, so that he shall hereafter be held and considered to have been dis to be relieved from this odium, and if I had the time to read charged honorably from the military service of the United States on the what the War Department says concerning this case and the 6th day of August, 1863." affidavits that he himself bas made Members would understand The amendment was agreed to. the cause I plead for. His comrades, When they learned of The following amendment was read : this, were utterly astonished and surprised that he bad been Page 2, line 2, after the word "bounty," insert the word "pension." dismissed from the service. The fact was that they were con The a·mendment was agreed to. stantly in battle in and around between here and Culpeper, The bill as amended was ordered to be laid aside to be re and no time was given, even if he knew that it was necessary, ported to the House with a favorable recommendation. to do any more than to put in this certificate. It is very doubt ful from the examination of the war records that the certificate JOHN TREFFEISEN. of the Surgeon General was discovered. That reads as follows: The next business was the bill {H. R. 606) for the relief of SURGEO~ GENERAL'S OFFICE, John Treffeisen. Washington Oity, September 8, 1862. The bill was read as follows: Captain Jno. Treffeisen has been under medical ti-eatment in this Be it enacted, etc., That in the administration of any laws conferring city-is this day discharged, & will return to his regt. fit for duty. rights, privileges, or benefits upon honorably discharged officers, ;John MEREDITH CLYMER, Surgeo1i Voltmteers. Treffelsen, who was captain of Company C, Fifty-sixth Regime_nt Pet;!.n sylvania Volunteer Infantry, shall hereafter be held and considered to That was on the 8th, and on the 9th, when he reported there have been discharged honorably from the military service of the United and was asked for this certificate, he turned it over to his States as a member of said company and regiment on the 24th day of October, 1&62. commanding officer and supposed that was all he h!ld to do. He was cited to appear before a court-martial soon afterwards, With the following amendment: but the evidenc~ is so meager that it is not determined that the Strike out all after the enacting clause and insert: " That in the administration of any laws conferring rights, privileges, or benefits upon certificate of the Surgeon General was ever presented to the honorably discharged officers, ;John Treffeisen, who was captain of Com board, showing the reason for his absence. pany C, Fifty-sixth Regiment Pennsylvania Infantry Volunteers, shall l\Ir. FOSTER. Will the gentleman yield? hereafter be held and considered to have been discharged honorably from the milita1·y service of the United States as a member of said Mr. RUCKER of Colorado. Certainly. company and regiment on the 24th day c.f Oc~ober, 1862." l\Ir. FOSTER. He was court-martialed for not returning to Mr. FOSTER. l\Ir. Chairman, I think we ought to have an his command within the time the leave would have expired? explanation of this bill, as the report gives no information what l\Ir. RUCKER of Colorado. That was the charge made, but ~\er. he was only found guilty of not reporting in writing his ab Mr. l\IANN. The report in this case is: sence. He was court-martialed for not putting in writing the 'J.'be Committee on Military Affairs. to whom was referred the bill cause of bis absence, and yet that cause appeared in the Surgeon (II. H. 606) for the relief of John Treffeisen, having considered the General's certificate, and nothing be could have written would same, report thereon with a recommendation that it do pass with the have conveyed more information. following amendment in the nature of a substitute. Mr. FOSTER. There is a law which says that when a m~ I have no desire to reflect on the able committee which re is not able to return to his command on account of physical ported so fully on the subject, but it does seem to me that we inability, that when he files the evidence under the law he now ought to know some reason for removing the charge of desertion, gets an honorable discharge, although he might have been dis or some fact in regard to it. charged as a deserter. Mr. RUCKER of Colorado. I will say to the gentleman that Mr. RUCKER of Colorado. I am not sure about that. the charge was not desertion. Mr. FOSTER. This is the situation here. In this case the l\Ir. :l\1ANN. Then the bill is not in order under the rule. War Department could not issue to him under the law an hon l\Ir. RUCKER of Colorado. It is akin to that, because he was orable discharge for the reason that be was court-martialed and dismissed the service, and it is for the purpose of reinstating discharged from the service for his inaoility to return to his him as f~r as possible. I have conferred for the last two years command before his leave of absence had expired. or more with the War Department concerning this claim. Mr. RUCKER of Colorado. Not quite that way, because the For 50 years there lay in the archives of the office of the usual order would be to reinstate him, but the regiment having War Department a certificate from a Surgeon General of the gone out of the service. the war "having been over, such order Army that accounted for the absence of this man for three days. could not be given by the War Department. After his wardrobe had been burned up somewhere between Mr. FOSTER. What I ani getting at is this, thnt under the here and Culpeper, on the afternoon of the day that he got law a soldier has now, if he could show that be had leave of permission to come to Washington to get clothing, he walked absence for 30 days, say, and failed to return within 30 days, in 8 or 10 miles to this city. He came to the Prescott Hotel and order to secure a discharge he must file an affidavit showing was there taken ill. He had been in battles from day to day physical inability to return to that command within the time. for a week before that. He had been living upon roasting ears If he does so he is granted an honorable discharge, although he of corn, and he was taken violently ill before he reached Wash is marked on the record as a deserter. But in this case it is ington. He went to the Prescott Hotel. He was due to return because he was court-martialed, and for that reason they would to his regiment at 7 o'clock that evening. When he returned not remove the charge against his record. upon the third day, a battle was in progress, which continued Mr. RUCKER of Colorado. Yes;.and I want to state further for three or four days afterwards. He was a German. He more what the War Department said about my bill that I sent could not speak the English language very clearly, nor could he down for approval. It says : UJ:\dierstand it very well. He had received a military education With reg:ird to your proposal to introduce a bill for the relief. of the in "fhe old country, and his education in that service appealed said John Treffeisen it should be stated that it is impossible to dis to the defenders of our country. This was his second enlist charge the officer now because both be and the organization of which ment, both times as captain. The colonel of the regiment was be was a member passed out of the military service of the United States and beyond military control more than 40 years ago, and that mortally wounded during his absence, and the lieutenant colonel any change of the records to show a different state of facts with regard of the regiment, with whom he possibly had been at outs, al to his separation from the service will be a fali>ification of those rec though that is not fully disclosed, was in command. The War crds and will be an att4'!mpt, if embodied in any bfll for relief, to exer cise the power of overruling and reversing a valid judgment by statute. Department records show that instead of being absent without It is easily possible, however, without any alteration of historical leave, the charge that was made against him and upon which records or without attempting to exercise the power to overrule or he was found guilty was of not reporting his absence. No pen, reverse a valid judgment by statute to confer upon Capt. Trelfeisen or any person claiming under him :my right, privilege, or benefit to which pencil, nor paper was at his command. He assumed that when be or such other person would be entitled if it were a fnct that be was h~ banded the doctor's certificate to the commanding officer honorably discharged from the military service of the United States. that it was in place of and would answer for his report con Legislation with that end in view is the most that can now be done for the benefit of the officer in question, and in view of the facts cerning his absence, and so it would have appeared to any of shown by the record of bis trial it would ·seem that some measure of you. . the character suggested may well be enacted for his relief. If you take Th~re never was a clearer case of injustice having been done the same view of the matter and desire to introduce a bill for the an old soldier, and the War Department agrees in that. This relief of the officer it is suggested that the following form be adopted. man is only asking now what is his just due. He is 82 years Then ·follows the form which is now the substitute :for the o-f a~. I have been anxiously waiting for this bill to pass be bill. fore ne passes to the other side. He has a large family. His Mr. KENDALL. Mr. Chairman, will the gentleman yield 1 _;x:LVIII-:-=563 8960 CONGRESSIONAL RECORD-HOUSE. JULY 12, l\Ir. RUCKER of Colorado. Yes. Mr. KEl\TDALL. Was it unfavorably reported? l\Ir. KE:NDALL. What rights, privfleges, or benefits does an Mr. ·RUCKER of Colorado. No; it was never unfavorably honorably discharged officer have as distinguished. from an hon· repo1~ted, but it was never acted upon. He has gone along in oralJly discharged private? that slow, easy-going way of his, of course always resting under 1\Ir. RUCKER of Colorado. I really do not know. I will the belief, possibly, that at some time the Government would say this, that I have an affidavit here from this old man that re~ove what he regards as a stain, and anybody, on refer he ne•er expects to put in an application for a pension. That ring to this record and considering the circumstances of the is not the object that he has in view. It may be possible that assembling of the court, seeing the doctor's certificate and the he may be entitled to it, for aught I know. I made no exn.mi affidavits of the comrades, knowing his gallantry in the serv nation in regard to that because he has made a disclaimer. All ice and how profoundly sorry and surprised his comrades were in the world he wants is to have this stnin removed from his at this action, would never for a moment come to the conclu ion na.me. that there had been a proper adjustment of his case. l\Ir. KENDALL. This 1s not a proposition to correct the rec 1\Ir. KE:ND.A.LL. So surprised that the court-martial had ord or to clarify the record so far as his case is concerned. It acted as it did? ~r is to confer affirmative rights upon him. .What are the rights l\Ir. RUCKER of Colorado. So surp1ised that tlie court- that you are about to confer? ID!lrtial bad acted as it did. Now, I trust that this bill- l\Ir. FOSTER. It exempts him under the civil-service law Mr. MANN. Will the gentleman yield for a question? and also as to the right to homestea record or status as an officer dishonorably dismissed the service of Col. Meredith was wourided In our first engagement in our retreat the United States. from Culpeper, so Lieut. Col. Hoffman was in command at the time I With regard to your proposal to introduce a bill for toe relief of asked for leave. Lieut. Col. Hoffman promised me a hors19 so that I the said Capt. Treffeisen, it should be stated that it is impossible to could get back in time, but failed to do so, and the pass had to be discharge the officer now, because both he and the or·ganization of countersigned by the brigade commander, which took almost until noon, which he was a membe1· passed out of the military service of the so I walked to Washington, about 10 miles. United States and beyond military control more than 40 years ago, On coming near Washington I was taken sick as the result of our and that any change of the records to show a different state of great retreat from Culpeper, when we bad to eat whatever we found. facts with regard to his separation from the service will be a falsi (Green corn tasted good then.) I stopped at the Prescott House that fication of those records and will be an attempt, if embodied in any night, and could not· return before the expiration of my pass. In the • bill for relief, to exercise the power of overruling and reversing a morning a doctor from some hospital visited the hotel, as there were valid judgment by statute. several officers sick there. I did not ascertain thefr names or that of It is easily possible, however, without any alteration of historical their regiments. I made myself known to the doctor, and he ordered records, or without attempting to exercise the power to overrule or me to stay a few days for rest, but I told him that I would be reported reverse a valid judgment by statute, to confer upon Capt. Treffeisen, as being absent without leave, and he told me that he would fix it all or any person claiming under him, any right, privilege, or benefit to right. So on the third day he brought me a certificate, explaining the which he or such other person would be entitled if it were a fact cause of my absence. The following morning I got back to the regi that he was honorably discharged from the military service of the ment and reported myself to Lieut. ·col. Hoffman. I produced my doc United States. Legislation with that end in view is the most that tor's certificate, but the colonel did not accept or even look at it, but can now be done for the benefit of the officer in question, and in view accused me of staying away purposely, using these words: ·•I know all of the facts shown by the record of his trial it would seem that some about it." So the charge was preferred, "Absence without lea>e." measure of the character suggested may ·well be enacted for his relief. In connection with the charge of "absence without leave," the charge If you take the same view of the matter and desire to introduce a bill of disobedience for not making a report of my absence when asked by for the relief of the officer, it is suggested that the following form the acting adjutant, Healey, · in the evening of the day of my return. be adopted: Our army was col'ltinuously under marching orders in Maryland. The "A bill for the relief of J"ohn Treffeison. engagement at South Mountain and the Battle of Antietem were in "That in the administration of any laws conferring rights, J?riv progress, and so, under the circumstances, it was then neglected. ileges, or benefits upon honorably discharged officers J"ohn 'l're1Ie1sen, Neither the adjutant nor Col. Hoffman ever said anything more about who was captain of Company C, Fifty-sixth Regiment Pennsylvania it, and I did not understand that besides a verbal report it was neces Volunteer Infantry, shall hereafter be held and considered to have sary to make a written report. I did not real-ize what it meant for not been discharged honorably from the military service of the United making my report in writing until it was brougltt up before the court, States as a member of said company and regiment on the 24th day of. and then I was surprised and could not make amends for it any more. October, 1862." I was always th\11.king that my verbal report would be so stated in Very. respectfully, F. C. AINSWORTH, the regimental report on that day I returned. This of course made the The Adjutant Genernl. case worse, and in my astonishment did not make much of a · defense. Whether Col. qoffman had any ill feeling toward me I could not say, l\Ir. .1\IANN. Then I would like to ask the gentleman again, as he had always been very friendly toward me ; although in an en as I tinderstand the gentleman was asked by the gentleman gagement a few days before the second Bull Run the regiment flag was lost, as the color sergeant skedaddled during the evening and a few more from Iowa, what are the rights, pri>ileges, or benefits to an of my company, amongst them my first lieutenant then acting as honorably discharged officer which this officer would acquire adjutant that day. In retreating from the field of battle, the regiment by the passage of thjs bill? As I understood the gentleman, be was somewhat broken up, as it was dark. Picltet line was drawn up and they opened fire on us. That night I gathered about 250 men from says that be does not know. the regiment. Next morning I found the balance of the regiment about Mr. RUCKER of Colorado. I want to say to the gentleman a mile in the rea1· from where we camped that night. I mentioned from Illinois that 1. would defer to him more than I would to this incident, which might have caused some ill feeling toward me. (I would not say that it had.) anybody in this House to answer any question which I did not The etiquette of military law was not so strictly observed among us know myself, but that was not the object I bad in the intro Volunteers. We were all citizens of the United States alike, keeping duction of this bill, to have any benefit that might be de discipline as near as we could. As I am nearing fourscore years and am on tlle end of my journey, rived, but the maip object was that it would be n. solace to would like so much to have the stain removed. him in bis old age and also a help possibly to those of his JOHN TRNFFEISEN. family who may li"rn after him to have this stain removed, and Personally appeared before me J"ohn Treffeisen, who is known to me I believe the record in this case shows that if any one of the to be the identical person whose signature is subscribed to the above ;;tatement. gentlemen of this House had been upon that ·court they never Sworn and subscribed to before me this 4th day of February, A. D. would ba ve found this man guilty. It goes without saying that 1911. not a man in this House would have done it, so I believe the [SEAL.] BENJHnN F. SXYDER, Notary Public. court-martial was actuated by some other motive than now ap My commission expires December 9, 1914. pears, and can only be referred to some improper motive and did not warrant the act of dismissal. Know all men by these presents: Mr. MANN. l\Ir. Chairman, it is very easy to reflect upon the That we, the undersigned members of Company C. Fifty-sixth Regi ment Infantry of Pennsylvania Volunteers, and others of the same motives of a court-martial which was held 50 years ago, and regiment, remember of the dismissal by court-martial of Capt. John I think it quite out of place to do so and that only upon an Tretl'eisen, charges of absence without leave. It was rather a surprise ex parte hearing on behalf of a man who complains that be was to the whole company and regiment for so small an offense as absence of only three days on account of sickness, proyen by the doctor's injured by a court-martial. Here is a bill reported to the certificate, when, in fact, we were all played out on our retreat under House, with a substitute for the entire bill, without a line of Gen. Pope from Culpeper to Washington, having some severe battles information in the report, and when we ask what will be and other skirmishes and being very short on rations-green corn was our daily ration. And we further testify that Capt. Treffeisen accomplished by the bill, it being expressly the purpose of the was always on hand when duty called him. bill to grant certain rights, privileges, or benefits, the gentle CHARLES MORROW, man says he does not know what they are. There is no infor 90 J!ilZ Street, Pittston, Pa. MICHAEL LUTZ, mation about the bill in the report and when it js called up on Private Company C, Fifty-sixth Pennsylvania Volunteers, the floor we can not ascertain what it will accomplish. 953 Taylor Avenue, Scmnton, Pa. Mr. RUCKER of Colorado. I wish the gentleman from Illi SIMON WERTS, Private Company I, Fifty-sia:th Regiment Pennsylvania Volunteers, nois would just let me read an affidavit here from the comrades 70 Rendel Street, Pittston, Pa. alive who were members of his company at the time, referring ELECER (his x ma1·k) CAREY, . back to the time of these occurrences, as well as the affidavit Private Company 0, Fifty-si:JJth Regiment Pennsyl-r:ania Volunteers, 196 Johnson Street, Pittston, Pa. of Capt. Treffeisen himself and his recognition by the Grand STATE OF PENNSYLVANIA, Army of the Republic, and I know he will agree with me that County of Luzerne, ss: there was a gra>e miscarriage of justice in this case. I ask On this 6th day of April, A. D. 1911, before me, the subscriber, the Clerk to read those affidavits. Lewis Smith, an alderman in and for said county, personally appeared Charles Morrow, of 90 Mill Street, of the city of Pittston, Pa., and The Clerk read as follows : being duly sworn according to law, deposeth and saith that the fore AFFIDAVIT. going statements regarding Capt. Tretl'eisen are true in every particular. STATE OF COLOR.ADO, Jefferson County, ss: and he further said that he has personal knowledge of the facts stated therein. I, J"ohn Treffeisen, was born in Germany in 1833 and became a nat (SEAL.) CHARLES MORROW, nralized citizen of the ·Jnited States in 1859. I have resided at Golden, Late Second Lieutenant Company I, Colo., ever since 1879, and before that in Pittston, Pa., from 1856 to Fifty-si-:r:th Regiment Pennsylvania Volunteers. 1878. From Pittston I enlisted on the first call of volunteers made by Presiden..t Lincoln in April, 1861, for three months' service. After the Sworn and subscribed to before me the day and year aforesaid. expiration of that service I was honorably discharged at Harrisburg, [SEAL.) LEWIS SMITH, Alderman. Pa., July 29, 1861. About September, 1861, I commenced to recruit a company for the HEADQUARTERS T. II. DODD POST, No. 3, G. A. R., Fifty-sixth Pennsylvania Volunteer Infantry, and was mustered in as DEPARTME~T OF COLORADO AND WYOUIKG, captain of Company C January 18, 1862, under Col. Meredith, Lieut. Golde1i, Colo. Col. Hoffman, and Maj. Smith. Know alZ men by these presents.: Early in the spring of 1862 the regiment was ordered to Washington, That the undersigned, the commander and adjutant of T. H. Dodd a.nd from there became part of Gen. McDowell's Corps, King's Division, Post, Grand Army of the Republic, Department of Colorado and Wyo Doubleday's Brigade, and later on became a part of Gen. Pope's com ming, do hereby certify as follows : mand. In the retreat from Culpeper the regiment took part in all That J"ohn Tretl'eisen, late a first lieutenant in Company G, Eighth battles and skirmishes, including the second battle of Bull Run. Pennsylvania Infantry, and captain Company C, Fifty-sixth Pennsyl In coming near Washington I asked for leave of absence for a day vania Infantry, in the War of the Rebellion, that he was discharged to get me some clothing, as all our baggage fell into the hands of the therefrom as first lieutenant, Eighth Pennsylvania Infantry, on ac enemy near Manassas and were burned. count of expiration of term of service. He has been a resident of the 8962 CONGRESSIONAL RECORD-HOUSE. JULY 12, clty of Golden for the past 32 years; that on the 16th day of July, or pro~iding some fellow shall have a pension, whether he de.. 1904, he was mustered into the above-mentioned G. A. R. post, :..nd ever since Just-mentioned date he has been and is now a member ot serves it or not, that does not come under that class. sru:ne in good standing; that on the 10th day of December, 1908, he Mr. SillS. Mr. Chairman, the gentleman from Virginia [l\fr was unanimously elected commander of said post and served one term HAY] just left the calendar marked. • as such commander. Witness 001· hands and the seal of said post at Golden, Colo., this The CHAIRMAN. I will ask the gentleman from Tennessee 27th day of March, A. D. 1911. - [Mr. SIMS] if this is one of the bills that it is desired to (SEAL.] JAMES R. SliNLEY, bring up. Post Commander. BEN F. SNYDER, 1\Ir. SIMS. It is Calendar No. 127, which is one marked by Post Adjutant. the gentleman from Virginia [Mr. HAY]. Mr. IlUCKER of Colorado. I now ask for a vote, and I want Mr. SLAYDEN. A parliamentary inquh·y, 1\Ir. Chairman. to s.=e the face of the man who votes against this bill. Further The CHAIRMAN. The gentleman will state it. more, I want to say that I want to see justice done to these old l\Ir. SLAYDEN. Has there been an order or a rule that soldiers. You young men can never appreciate the trials, suf only bills should be considered that undertake to relieve men ferings, hardships, and privations to which they were subjected, from charges affecting their military record? but the time is now ripe and the occasion is here for the regis The CHAIRMAN. That is the order of the committee. tration of your temperaments in such matters. .Mr. SLAYDEN. Now, this is a bill that ought to be passed Mr. l\f.ANN. I have no objection to the gentleman reading an I think ; but it is not in that category. ' affidant, but as far as I am concerned, while t;hat may be the Mr. MANN. I do not think it ought to be passed even though best evidence that can be produced, I have very little confidence it is not in that category. ' in an affidavit prepared by some interested person concerning l\Ir. FOWLER. It says, "To correct the military record." facts which occurred 50 years ago. The Members of this House The CHAIR.:\.IA...'1\1'. The Chair will recognize the gentleman would not agree upon what occurred here 15 minutes ago, yet from •.rennes ee [l\Ir. SrMs] on this bill if he insists it shall be you undertake to sa.y that after the tribunal which heard the ~~nu~ · cnse 50 years ago passed upon the facts which were presented, Mr. SIMS. I make no insistence about it. I will say it was and the accused was there in person, that tlley did not know marked by Chairman HAY as a proper bill to be considered to what they were doing, and you find it out now from an affidavit day. I have no interest in it. which some interested person prepares and gets people to sign The ~BAIRllAN. The Clerk will proceed with the reading to tell them they remember so-and-so. of the bill, nnd then we ~n consider whether it is a proper one Mr. RUCKER of Colorado. I ask, Mr. Chairman, that the to be taken up in the committee or not. bill be laid aside with a favorable recommendation. The Clerk read the bill, as follows: The CHAIRMAN. If there is no fmther general debate, the An act (S. 4778) to correct the military record of John T. Haines. Be it enacted, etc., That John T. Haines, deceased who was a cap Clerk will report tbe bill for amendment. tain. in the Eleventh ~egiment United States Cavali-y, and who was The bill was read. nommated by the President for appointment as major of Cavalry to The CHA.IR.MAN. The Clerk will report the committee rank from the 3d day of March, 1911, said nomination being confirmed by the Senate after the death of said Haines, which occurred after bis amendment. nomination, sball hereafter be held and considered to have become a The Clerk re.ad as follows: major of Cavalry in the seryice of the United States on the 3d day of Amend by striking out lines 3, 4, 5, 6, 7, 8, 9, 10, and 11 and insert March, 1!>11, and to have held that office until the date of his death· the following as a substitute for the bill : and the President is hereby authoriv.:cd to issue a commission as major " That in the administration of any laws conferring riO'hts, privileges, of Cavalry in the name of .John T. Haines with rank to date from March or benefits upon honorably discharged officers, John Treffeisen, who was 3, 1911. . captain of Company C. Fifty-sixth Regiment Pennsylvania Infantry Mr. l\fANN. 1\f~'. Chairman, I make the point of order that Volunteers, shall hereafter be held and considered to have been dis charged honorably from the military service of the United States as it is a bill that can not be called up under the rules. · . a membei: of said company a.nd regiment on the 24th day of October, The CH.AIRMAN. The Chair sustains the point of order• 1862." The Clerk will report the next bill. The question was taken, and the amendment was agreed to. JOHN J. TROXELL. The CHAIRMAN. Without objection, the biH as amended will be laid aside with a favorable recommendation. The Clerk read as follows: There was no objection. A bill (H. R. 5135) to correct the ·military record of John J. Troxell. Be it enacted, etc., That the order dismissiqg L!eut. John J Troxell SENATE JOINT RESOLUTION REFERRED. Fifty-second Regiment Ohio Infantry Volunteers, from the United States Under clause 2 of Rule XXIV, Senate joint resolution of the service be, and .the same is hereby, revoked and set aside, and the Sec retary of War is hereby authorized and directed to cause such revoca following title was taken from the Speaker's table and referred tion to pe entered. in the military record of said Lieut. John .J. Troxell to its appropriate committee as indicated below: and to issue to him an honorable discharge, to date from the 23d day S. J. Res. 121. Joint resolution authorizing the use of certain of October, 1863. unexpended balances to defray expenses incident to parting and Mr. WILLIS. Mr. Chairman, I desh·e to offer the following Tefinin.g bullion; to the Committee on Appropriations. amendment. HERMAN HAUPT. The CHAIBMAN: We have not got to that point yet. If · The next business on the Private Calendar was the bill (H. R. there is no general debate desired, the Clerk will read the bill 20613) for the proper recognition of services rendered by Her for amendment. man Haupt during the Civil War. l\Ir. MANN. I think the gentleman from Ohio f:Mr. WILLIS] .Mr. SIMS. Mr. Chairman, that is not one of the bills ought to give a little explanation of this bill. From reading the marked by Chairman HAY. The next one marked is Calendar report it does not seem to me there has been a. very strong No. 127. case made. The OH.AIRMAN. That is on the calendar regularly, and Mr. WILLIS. Does the gentleman mean as to facts invoh·ed is in order to be taken up first. or the form of the bill? Mr. MANN. Neither one is in order. Mr. MANN. As I understand, the gentleman proposes to .Mr. Sil\IS. The Chairman of the committee [Mr. HAY] offer :m amendment to put the bill in the usual form? marked the calendar and left it with me and asked me to call Mr. WILLIS. Yes. attention to it. Mr. l\fANN. I would like just a brief statement. I do not l\Ir. SLAYDEN. I do not know anything about what bills wish to detain the committee. have been collected on the calendar for consideration. It may .Mr. WILLIS. l\lr. Chairman, the report the committee ha.s have been an entirely proper procedure. .. made on this bill is a very fair statement of the facts in the Mr. MA.NN. I will aay to the gentleman from Texa.s [Mr. case. They are substantially as follows, as I recollect them. I SLAYDEN] that the only bills which can be called up now are have gone o-rer the evidence with care, as I run sure the com bills removing the charges of desertion or bills to that effect. mittee did. Now, the facts ru·e simply these: Lieut. John J .. This bill has nothing to do with the subject. Troxell was acting quartermaster on or about Septetnber 1, l\fr. SL.AYDEN. That has been my understanding, Ur. Chair 1863, at the time when the division of the Army to which he man, and I would like to ask the gentleman if he does not belonged wus nearing Elktown, Tenn. frankly think-- · At the crossing of Elk River, near Elktown, Tenn., it appears The CHAIRMAN. Just a mom·ent. The Chair understands that a wagon train became hopelessly stnlled in going up a this bill is not under the order of the House. It is not for the steep bank, as described here in one of the affidavits, namely, purpose of relieving desertion. the affidavit by Col. Holmes, who commanded the regiment, Mr. SLAYDEN. No; it is nothing of that kind. and, as the colonel rather jocosely put it, the mule teu.m The QHAIRMAN. · We will mark that bill. ': seemed to lose their sense of loyalty." At all events, the 1\Ir. SLAYDEN. If the rule is to confine the committee to wagon train was stalled. The road was narrow and the progress the consideration of the bills removing the charge of desertion, of the army was blocked. 1912.: CONGRESSIONAL RECORD-· HOUSE~ 8963 Just at this time the general in command of that division the latter wrote to Col. Ainsworth for an official statement of the record in the case. 'rbis was furnished November 15, 1897, and is as follows : Gen. McCook-came up. I presume the l\Iembers know some~ RECORD AND PENSION OFFICE, what of the record of "the Fighting McCooks.ff Gen. Dan. WAn DEPATITMENT, McCook was one of them, and far be it from my purpose to Washington City, Nove1nb~ 15, 1897. say anything derogatory of his splendid record as a soldier, but Hon. J, H. B.ROllWELL, l\I. C., his best and most intimate friends admitted that at times he Chwinna,ti, Ohio. Sm: Referring to your letter of the i2th instant, received to-day, in would fly into au ungovernable and unreasonable passio!l and which you request to be advised whether or not John J. Troxell, for accuse everybody of various offenses when they got into trou merly first lieutenant and quartermaster, Fifty-second Ohio Infantry ble. 'Vhen he came up there and tried to get this mule team Volunteers, wus tried by court-martial prior to his dismis. al from serv ice, I am directed by the Secretary of War to inform ;rou t-Oat it is " into a sense of loyalty " and found he was not successful he shown by the official records. that the tender of r('signat10n of John J. immediately began to curse the lieutenant and abused him Troxell, first lieutenant and regimental quartermaster, b~ifty-second Ohio · i·oundJy as is stated in the record here. Infantry Volunteers, was forwarded by the commanding officer of the Fourteenth Army Corps to the headquarters of the Department of the The attack was so set'ere that when it was repeated a little Cumberland October 22, 1863, with the recommendation that he be dis later Lieut. Troxell tendered his resignation as an officer of missed the service, and that he was dismissed the service in orders from the headq'.iarters of that department, dated October 23, 1863. It the Army· at tlle suggestion of Gen. McCook, and had e\ery does not appear from the records that he was tried by court-martial reason to believe that his resignation was accepted, since it previous to his dismissal from service. was asked fo1· by Gen. McCook. Very respectfully, Some time later-I believe in the year 1896, or somewhere F. C. AINSWORTH OoZonei, United States lnny, along there-when Troxell sought to secure a pension he found Ohief Record and Pension Of/ice. in the records of the War Department, upon his application, On this report from Col. Ainsworth, showing that there was no record that his resignation had not been accepted, and that Gen. of any court-martial in the case and that Troxell had been dismissed the service in orders from the headquarters of the department of the 'McCook had made charges against him, charges that were not Fourteenth Army Corps, dated October 23, 1863, Troxell's Representa presented to Lieut. Troxell at all, charges to the effect that he tive, Mr. Bromwell, of Ohio, addressed a communication to the Judge was guilty of drunkenness, and that he was drunk upon the Advocate General of the Army on the 2d of December, 1897, of which occasion when the wagon train was stalled and when the diffi the following is a copy : WASHINGTON, D. c., D ecember 2, 1891. culty with Gen. McCook occurred. Brig. Gen. G. N. LIEBElR, It is shown by abundance of testimony, by the testimony Jttd.ge Advocate General, Washington, D. O. of Col. Holmes, in command of the regiment, the testimony of MY DEAR GENERAL: I wish to know whether on or about October 22, 1863, there was any regulation of the Army which permitted the sum Maj. Blackburn, the testimony of ·a large number of his com mary dismissal from the service of an officer (first lieutenant) by a rades-I have all the affidavits before me here-that Lieut. department commander without trial by court-martial, and will be Troxell was not drunk, and had not been drunk, and was not obliaed t-0 you if you will furnish me that information. • i\fy particular object in desiring this information is to enable me to a drinking man at all, and that there was no such charge decide whether it will be proper for me to introduce a blll for the relief against him at the time that he was drunk or had been drink of 811Ch officer. The certificate of Col. Ainsworth in the particular case ing. That charge seems to have been a sort of afterthought. referred to shows that said officer tendered his resignation, which was forwarded to the department headquarters by the commanding officer of At all events his resignation was not acc~pted, and it was the Army corps to which ke belonged, with the recommendation that he recommended by Gen. McCook in a spirit of rage that he be be dismissed the service and that he was dismissed the service by dismissed the service. That action was had. orders from headquarters dated the next day. Col. Ainsworth says "It does not appear~ from the record that he was tried by court-martial Subsequently when this question came up in 1896-I was previous to his dismissal from the service." right in regard to the date--a bill for the relief of Troxell was By furnishing the a.bove information you will greatly oblige, introduced by Congressman Bromwell, of Cincinnati, Ohio, in Yours, truly, J. H. BnOMWELL, M. C., whose district Lieut. Troxell at that time resided. Mr. Brom Second Di. Mr. RODDENBERY. I should like to offer an amendment. When th~s bill came up on the Private Calendar some days ago The CHAIRMAN. We have not yet reached that stage. If and that calendar was being called by unanimous consent the there be no further general debate, the Clerk will read the bill bill went over on objection. I objected to the consideration of under the five-minute rule. it, because I do not think it is the province of Congress 50 years The Clerk reaa the bill with the following committee amend after an order is entered to pass a law revoking and setting ment: aside the order. It would be a good deal like passing a law Amend, by adding after the word " sixty-three," in line 10, the fol providing that the sun did not rise this morning. You can not lowing: "Pro,,;ided, however, That no pay or back pension or other emoluments shall accrue to said Troxell by reason of the passage of change the fact. You may pass bills from now until doornsda~· this act." on this subject and the fact still remains that an order was l\fr. WILLIS. l\Ir. Chairman, I desire to offer an amend entered. Now the gentleman offers a proper proposition to the ment as a subistitute for the entire bill This meets the objec House, that in the administration of the pension laws this man tions that were raised before as to the form of the bill. shall be entitled to the benefits of the pension laws without The Clerk read as follows: attempting to falsify history. As that is the purpose of the bill I hope that his substitute may prevail without inserting Strike out all after the enacting clause and insert in lieu thereof the following: the am·endment offered by my friend from Georgia, which would "That in tbe administration of tbe pension laws and the laws gov render it valueless to pass it. erning the soldiers' home for disabled volunteer soldiers, or any branch The CHAIRMAN. The question is on the committee amend thereof, John J. Troxell shall hereafter be held and considered to have been honorably discharged from military service of the United States ment. as lieutenant of Company H, Fifty-second Regiment Ohio Volunteer The que~Hon was taken, and the committee amendment wa& Infantry, on the 23d day of October, 1863: Provided, That no pension agreed to. shall accrue prior to the passage of this act." The CHAIRl\fAN. The question_ now is on the amendment Mr. RODDENBERY. l\Ir. Chairman, I desire to offer an offered by the gentleman from Georgia. amendment to the substitute. The question was taken, and the amendment was lost. The CHAIRMAN. The Clerk will report the amendment. The CHAIRMAN. The question now recurs on the sub The Clerk read as follows: stitute offered by the gentleman from Ohio. After the word " prior," add the words " or subsequent." The question was taken, and the substitute was agreed to. Mr. RODDENBERY. . l\Ir. Chairma·n, the object of this The bill as amended was ordered to be laid aside with a amendment is not to interfere with the reinstatement of this fa vornble recommendation. soldier so that his military record may go down in history cor FRF.DERICK H. FERRIS. rectly, as contended by gentlemen who are sponsors for the bill. The next business on the Pri-vate Calendar was the bill (IT. R. It is perhaps unfortunate that in time of war high temper may 21524) to correct the military record of Frederick H. Ferris. manifest itself and that a soldier under those circumstances may The Clerk read the bil1, as follows: be summarily dismissed or in some way his record not clearly Be it tmaated, etc., That in the administration of the pension Jaws and the laws governing the National Home for Disabled Volunteer Sol appear. To that extent the corrections of these records often diers, or any branch therl.'of. Frederick H. Feais shall hereafter be commend themselves to the good judgment of the House. held and considered to have been honorably discharged from the mili· The proviso in the substitute of the gentleman is that in the tary service of the United States as a second lieutenant of the Seventy fourth Regiment United States Colored Infantry on the 28th day of straightening out of the record of this soldier no back pension February, 1865 : Prot'ided, That no pension shn.11 accrue prior to" the shall accrue to him by reason of the passage of the act. The passage of t!tis act. amendment I propose adds that ... no subsequent" pension shall The bill was ordered to be laid aside with a favorable recom accrue to him by the passage of this act. If the gentleman sim mendation. ply seeks to give to this man Tr'oxell a correct military status, JOSEPH W . M'CALL. the amendment I offer does not interfere with it. If, however, the gentleman, under the guise of correcting his The next business on the Private Calendar was the bill (II. R. military record, is laying the foundation to get for him in the 20339) for the relief of Joseph W. McCall. future a pension, then the amendment I propose will, of course, The Clerk read the bill, as follows: Be it enacted, etc., That in the administration of laws conferring be objectionable to him. If it is solely and only to do military rights, .J?rivileges, and benefits upon officers of the Volunteer Army in justice-to correct the result of an imprudent act of 40 years the Civil War, Joseph W. McCall shall hereafter be held and considered ago and gtve to this soldier a correct record-my amendment to have been in the military service of the United States as assistant surgeon of the Second Regiment West Tennessee Volunteer Cavalry will not in any manner interfere; but I repeat again that the (su'bsequently known as the Seventh Regiment Tennessee Volunteer purpose of my amendment is to allow the correction of the Cavalry) from the 15th day of September, 1862, to the 15th day of military record of the soldier and at the same time provide October, 1862, and as assistant surgeon of the same regiment (Sev~nth Regiment '.rennessee Volunteer Cavalry) from tbe 1st day of March, that in the future no pension shall inure or accrue to him. I 1864, to the 15th day of March, 1864, and to have been honorably think it is proper in this case, because, so far as the report discharged from said service on the date hereinbefore last named : Pro shows, he was in the Army only about a year. He was asso- vided, That no pay or other allowances shall become due or payable by . ciated with the grub-dispensing department most of the time. reason of the pasimge of this act. There is no evidence that he su~tained 1tny hardships, and the .Mr. l\IANN. l\Ir. Chairman, I make the point of order that report shows that the first time he encountered any actual this bill is not in order at this time. service it arose by high water, when the mules got stuck in the Mr. Sil\IS. i\Ir. Chairman, the bill may not be, strictly speak· mud. The soldier at once flew into a fit of anger, cussed ·out ing, in order under the rules by which bills are in order to-day, the whole machine, and flung up the job. He ought not to draw but I hope the gentleman from Illinois will not Qiake the point. a pension for that public service. · Dr. McCall is 80 years old or over, and this is only a slight Mr. WILLIS. If there is any reason why the record should amendment to his record, and no pay or allowance follows. He be corrected, if as a matter of fact John J. Troxell was unfairly is the father-in-law of the clerk to the Committee on Appropria dismissed from the service, this House should so determine. tions, Mr. James C. Courts. He is a -very strong Republican, There is no reason at all, in my judgment, why he should not and his son is mayor of the city of Huntington, who was also be allowed to get a pension in the future. a soldier in the Spanish Wa1-. While I nm a Democrat and l\Ir. SLAYDEN. l\fr. Chairman, I want to ask the gentleman these people are Republicans, they are all honorable people, from Ohio if he hllows of a single instance in his experience in and I hope no mere technical objection will be made against the this House where a bill that carried on its face a declaration consideration of this bill. I that it was intended to correct the military record, and usually Mr. l\1ANN. l\Ir. Chairman, I withdraw the point of orcler. supported by argument that it was to remo-rn the stain for the This bill proposes to allow this man service for 30 days at benefit of the children, was not really designed to secure a one time and 14 days at another. Perhaps it is 15 days. It pension? says from the 1st of the month to the 15th of the month. I Mr. WILLIS. I can not answer the gentleman's question, will leave the lawyers to wrestle out whether that means 14 because his experience has been so much more extensive than or 15 days. But what good will it accompli h? The man has mine; but he must concede that, so far as this proposition is an honorable discharge from the ser-vice, the report says, al concerned, I ha\e been perfectly frank. though it says that he was never mustered into the service. Mr. SLAYDEN. While the gentleman's frankness was not What does this accomplish? necessary to enlighten the House I commend him for it. A Mr. SIMS. He actually serYed from the 15th of September man who undertakes to get mules that are stuck in the -mud in to the 15th of October, in fact crossing a stream out of a situation is better entitled to a pen The CHAIRMAN. Does the Chair understand that the man sion than many who are getting it. [Laughter.] has an honorable discharge? 1\Ir. MANN. l\Ir. Chairman, the bill as originaUy introduced l\Ir. SIMS. Yes. in the House provided that the order dismissing this man from Mr. MANN. Mr. Chairman, I withdraw the point of order the senice be, and the same is hereby, revoked and set asjde. that I made. - . 1912. CONGRESSIONAL RECORD-HOUSE. 8965 The CHAIRMAN. Yes; but from the former rulings of the that regiment particiJ)ated. He was mastered out of the serv Chair we must treat all alike. It seems to me that the Chair ice with that regiment and received an honorable discharge. himself ought to pass on these bills. Mr. MADDEN. Under what name? l\lr. SIMS. This is not a bill to remove a charge of desertion .l\fr. KAHN. Under the name of William K. Hall. There is per se. evidence to show that William K. Hall and Willirun K. Harvey The CHAIRMAN. If there is no objection, the gentleman are one and the same person. The War Department says that from Tennessee may proceed. the bill in its present form does not mutilate the records of the Mr. SIMS. I will ask unanimous consent that I may proceed department, and they have no objection to its passage in that with the explanation of the bill and have it considered. form. I ask now that the bill be read for amendment. The CHAIRMAN. Very well. The bill was read. · Mr. 1\1..Al'l.TN. What would be accomplished by the bill? l\fr. KAHN. Mr. Chairman, I move that the bill be laid Mr. SIMS. Nothing, except to show that the doctor did serve aside with a favorable recommendation. one und a half months more than is shown by the. record. The The CHAIRMAN. Without objection, that will be the order. fact is that he served 1 month and 15 days longer than the , There was no objection. militn1·y record shows. Mr. SIMS. Mr. Chairman, I belie1e that complete::; the num· Mr:. MANN. What good does that do? ber of bills for the Committee on .l\Iilitary Affairs. Mr. SIMS. I c1o not know, only that the old gentleman wants ROBERT ROSS. is his record to be correct. 'l'he proof ample that he did this Mr. FIELDS. Mr. Chairman, Speaker CLARK was mistaken service. awhile ago about the nature of the bill to which I <:a.lled at Mr. .ill.ANN. As a matte.P of fact, he was not mustered in tention. He was 1'.lllder the impression it was a Senate bill. during that time, so that the bill will not show it as it is. The CHAIRJ\!AN. What is th-e number? l\Ir. SIMS. The bill says to appear as though it was. l\Ir. FIELDS. Calendai· 1 3, House bill 21315 . .l\lr. LANGLEY. He actually performed the service? The CH.AIRMAN. Is it th-e gentleman's contention that the Mr. SIMS. He actually served this month and a half. bill comes under the order of the House to consider these bills? l\Ir. BUTLER. He did serve the time? Mr. FIELDS. It is my contention that it ls of the same Mr. SIMS. Yes. nature of the bills that have been passed her0, and it should Mr. BUTLER. And this is simply to make that service ap be acted ·upon at the present time. • pear on the record? The CHAIRMAN. The Clerk will report the bill. Mr. SIMS. Yes. The Clerk read as follows : Mr. BUTLER. And make up this rec()rd and make it com plete! A bill (H. R. 21315) fur the renef of Robert Ross. Be it enacted, etc., That the Secretary of War be, and he is hereby, Mr. SIMS. Yes. He does not get a cent out of it and does directed to remove the charge of -desertion now appearing in the mili not ask for a cent. tary record of R~bert Ross, late of Company B, Sixty-nrst Regime.n.t Mr. ~TN. Oh, this bill passes because of the statement Pennsylvania Volunteer Infantry, and to issue to him an honorable dis whicll the gentleman made, which has no relation to politics. charge from the Army of the United States. [Laughter. J 1\lr. FIELDS. Mr. Chairman, the bill hus been amended by Mr. BUTLER. And als·o because the gentleman from Tennes the committee, and I ask to have the amendment read, which is see is a Democrat. in the nature of a substitute. Mr. SIMS. And that he is the father-in-law of the clerk of Mr. SL.AYDEN. Ur. Chairman, before we begin the reading the Committee on Appropriations. who is nearly th-e whole of the bill under the ft-re-minute rule, we would like to have House of Representatives. an explanation and Ila 1e some general de.bate on the bill. Mr. MADDEN. And the gentleman from Tennessee might :Mr. FIELDS. Mr. Chairman, this is a bill for the relief of add that the clerk also comes from Tennessee. [Laughter.) Robert Ross, who enlisted on the 1st day of August, 1861, and Mr. SIMS. Of course. the records show was mustered into the service on October -31, Mr. LANGLEY. Oh, the gentleman always takes care of 1861 ~ that he was with bis command from tbat time until the Tennessee. 31st of May, 1862, when he was captured at Chickahominy, was l\fr. SIMS. I suppose that is a matter of general presump confined in Richmond, Va., on the same day, sent. to Salisbury, tion and assumption. N. C., June 3, 1862,· pa.roled September 13, 1862, awl returned The CHAIRMAN. If there is no further general debate, the to his company October 10, 1862. He received a severe wound Clerk will read the bill under the fiye-minute rule. in the Battle of Fredericksburg, Va., on December 12 to 13, The Clerk xead the bill. 1862, by shell contusion of the shoulder, and was admitted to a The bill was ordered to be laid aside with a fa:vorable recom general hospital at Washington, D. C., on Deceml>er 18, 18G2. mendation. And he is charged by the records with having deserted there from on December 28, 1862, 10 days after he was admitted to WILLIAM K. HARVEY. the hospital. The proof in this case, nfr. Chairman, shows that The next business was the bill (H. R. 5763) for the relief of this man was taken from the hospital by his brother. The William K. Har>ey, alias William K. Hall. proof shows that he was unconscious until a day or two before The Cle1·k read the bill, as follows : his brother apperu·ed at the hospital and took him to his home Be it enacted, etc., Tbat in the administration of the pension laws in .Allegheny County, Pa., and the proof shows to the satisfac and the laws governing the National Home for Disabled Vo1unteer tion of your committee that this soldier was not able to return · Soldiers, or any branch thereof, William K. Harvey, Rl!"O known as to the service during the war, and it shows furtll'}r-- William K. Hall, shall hereafter be held and considered to have been honorably discharged from the military service of the United States as Mr. SL.AYDEN. In that connection, 1\11·. Chairman, may I a priYate in Company B, Seventh Regiment California Volunteer In ask the gentleman a question? Did this man take any steps fantry, on the 18tli day of .August, 1898 : Provided, That no pension shall while he was in that weakened physical condition to communi accrue priar to the passage of this act. cate with the authorities and submit certificates from physi Mr. MANN. Mr. Chairman, as I recall, this bill is to remove cians and others that he was in a physical condition that made the charge of desertion growing out of tlle S_panish War. it impossible for him to return? Mr. KAHN. It is. Mr. FIELDS. The proof does not disclose that fact. 1\Ir. MANN. I think we ought to ha1e some explanation of it. Mr. SL.AYDEN. Did he make any effort to collect any pay Mr. KAHN. :Mr. Chairman, William K. Harvey enlisted in for his services during that time? the Seventh California Voluntee1.· Infantry Regiment on the :Ur. FIELDS. He makes the statement he did not know it 11th of May, 1808, at the-Presidio in San Francisco. He en was his duty to report and he was in a 1ery bad condition, and, listed for the purpose of going to the front to fight for his as we all know, it is easy for a sick- man to overlook a point country. As a matter of fact, he learned that his regiment which may seem to him a point of small concern at the time, would not be ordered to the front. The regiment had been but which may be 1ery vital to the case as it now stands. But given orders two or three times to go to the front, and then the proof shows that he was never able to return to bis com the orders were reyoked. When he finally learned that the mand, and the proof further shows that he is to-day a cripple regiment would not go to the front, on the 18th of August, 1898, and unable to support himself as the result of the wound re he left the regjment and immediately applied under the name ceirnd in the Battle of Fredericksburg. of William K. Hall for enlistment in the First Regiment Colo l\1r. l\IANN. Will the gentleman yield? rado Volunteer Infantry, in order tha.t he might go to the front Mr. FIELDS. YeB. and fight. · l\fr: MA.l~N. As I recall this bill, the man was captured and Mr. l\fADDEN. What became of that regiment? imprisoned for a time and afte.rwards went back into the Union l\Ir. KAHN. That regiment went te the Philippine Islands, servi<:e and was wounded and sent to .a hospital at Washington. and this mun served in all the skirmishes illld battles in which Mr. FIELDS. Yes, sir. · ' S966 CONGRES"SION AL -RECORD-HOUSE-. JpLY 12, Mr. 1tfANN. His brother came here and took rum home? -Mr. FIELDS. I meant -to -say that in the proof that was Mr. FIELDS. Yes, sir; and the proof shows he was not able furnished it was not our business or the business of the to return to the service, and the proof further shows that for claimant. That is wha t I bad in mind. If they let him out, .three or four years after the close of the war he was an in- it was his business to go. valid. Mr. SLAYDEN. But the record shows that be deserted from Mr. MANN. I will say to the gentleman that this bill is the the hospital, and the gentleman says it is no business of Con only one strictly under the rule and the most meritorious one gress to know bow be got out. in the bunch. Mr. FIELDS. Well, his brother came and took him out. Mr. SLAYDEN. How could his brother rem·ove him from a What I had in mind was the fact that he was taken away, and hospital in Washington without the consent of the authorities? it was not our business to question how he was taken away, Mr. MANN. They had the consent. - because the proof shows that he left the hospital. Ur. SLAYDEN. Then the military record ought to show Mr. SLAYDEN. Well, I want to make it clear,. Mr. Chair- that. man, that, in my judgment, it is the business of the Congress Mr. MANN. Let me say to the gentleman, I went over to nnd of the House to know the facts in all these cases. We are Montauk Point and got my brother away from the camp after asked to open the doors of the Treasury to unnumbered thou the Spanish War. I had some experience with the Army offi- sands of people charged with the military crime of desertion. cers. For instance, they had issued him a new suit of clothing As a matter of fact, this man had had considerable experience which he never had worn at all. They ordered that taken away in the Army. He knew the nature of the offense of desertion. from him and burned for fear- that it might communicate yel- He must have known that it was his duty, if he was sick and low fever coming from Cuba, but he came out of the camp in the hospital, to r2main there unless removed with the per wearing the suit that he had worn all through Cuba, by con- mission of the authorities, and b'e must have kn.own that he sent of the Army officers. And there were a number of other should have reported from time to time, and that he should specimens of the same kind. I am not at all surprised that have returned to the Army for discharge if unable to continue they let this soldier out of the hospital without making a memo- in the service, or to have resumed his service in the Army rand.um of it. if able. l\lr. SLAYDEN. It is to be presumed that in 40 years' time The gentleman makes another statement in his speech that, they have advanced a little in intelligence. perhaps, explains why it is so easy to pass these bills, I may • Mr. FIELDS. I want to say, Mr. Chairman, that he did get say, almost regardless of their merits. The gentleman says: out of the hospital, and as to how he got out that is none of our "Those of us who come from pension districts kn.ow these business; but he got out. And his brother did what I would difficulties." I have never noticed that gentlemen from pension have done under the circumstances. If my brother were districts have had difficulty in getting their claims through, wounded and in a hospital and I felt I could do more for him If such a Member will only ascertain from the Commissioner of at my home, I would go to the hospital and remove him to my Pensions that this Government has paid out more than home if I could. I contend, sirs, that his brother did a patri- $4,200,000,000 since 1865 for pensions, and that now, nearly otic act and that this man who went on the battlefield and GO years after the war closed, tt'e are in the way of paying out offered his life as a sacrifice that the Union might not be dis- approximately $200,000,COO a year more, almost entirely in solved should not be refused a pension ll;l his old age. The proof consequence of the Civil War, he will be compelled, I think, to shows he is not able, by reason of this wound, to support him- reach tha conclusion th.at there are no great obstacles to get self. The proof shows also, and to my own knowledge it is a ting pensions. And when one wants to have a record made fact, that he is crippled in the left shoulder and is not able straight; when one wants to know whether a man has been re to work. moved from the hospital by fraud; when one wants to kn.ow Mr. BUTLER. Will the gentleman permit me to ask him a '1'hether a charge of desertion against a soldier is well or ill question? founded, he ought to be :::;ble to get that proof somewhere. That Mr. FIELDS. Yes. is all there is in this case. Mr. BUTLER. This soldier, I understood the gentleman to Mr. LA..l~GLEY. Mr. Chairrn:m, the gentleman from Texas say, never returned to the service after he receh·ed this wound? [Mr. SLAYDEN] referred, and I thought rather fac~tiously, to Mr. FIELDS. That is what the proof shows. "gentlemen who l'epresent pension districts." I want to say Mr. MANN~ After he had been in prison. to the gentleman that I represent a pension district, and that 1\Ir. BUTLER. After he had been discharged from the Con- my activity in pension matters is influenced largely by that federate prison? fa~t. But I do not think I would take the extreme and ndverse l\Ir. FIELDS. After he was removed from the hospital at position that some gentlemen of this body take against remedial :Washington. legislation for the old soldiers unjustly charged with desertion, Mr. KENDALL. This soldier, after ills release from the even if there was not a veteran· in my district. ' prison, went back to his command. l\fr.. Chairman, I am in favor of this bill. The case stated Mr. BUTLER. I want to kn.ow something. The soldier was by the gentleman from Kentucky [Mr. FIELDS] is a strong one, removed from the Washington hospital and conveyed by his and it is on "all fours" with many cases in my district. He brother to Allegheny, Pa.? . _ has simply been a little more fortunate than I have been, pre Mr. KE:NDALL. That is not to be considered against him. sumably because he is a member of the committee and has Mr. BUTLER. · That is not to be considered against him, of succeeded in getting this bill before the House. I have been course. Can the gentleman tell me why there was this long trying for six years, but without success, to get the Com~ ·. delay? The soldier must have known when he returned to the mittee on :Military Affairs to report a bill granting relief , to an service he would be charged with desertion. old soldier in my district who served over two years and a ha)f. l\fr. FIELDS. I am glad the gentleman brought that point During this long service he was engaged in many battles. He up. I heard the same question asked to-day. \Ve all know how reenlisted as a veteran volunteer, then went home on furlough, difficult it is to get through a very great number of claims in was taken sick, and could not get back to his command, nor one session of Congress, and we all kn.ow that there have been could he get word back to his command explaining why he did many claims of this character. This man had his claim .in the not return, and as a result he was charged with desertion, and hands of my predecessor, and it is my opinion that he has that charge still stands. had it in the hands of every Representative from my district Many gentlemen do not seem to understand the conditions since he has been a citizen of the district, whlch has been since which surrounded soldiers in the border States like ·Kentucky. a few years subsequent to the Civil War. Oftentimes they were cut off from their commands, and it was l\Ir. BUTLER. 'That is long enough. That ought not to be utterly impossible for them to return, and to undertake to do charged to the soldier. so meant the sacrifice of their lives. Mr. SLAYDEN. I want to be recognized for a moment. I ha-re no doubt that many of them did not realize.that unless Mr. Chairmru;i, I kn.ow nothing about the service of this soldier they reported the cause of their absence they would be ch:uged and nothing about the merits of the case. The record is not with d .::sertion. I want to say to the gentleman from Texas a -very clear or -very strong one; but I do want to take issue that, so far as I am concerned, I think the committee is wrong with one statement that the gentleman made. It is no busi- and is doing a great injustice to many old soldiers by failing to ness of this House to know how the man got out of the hos- act favorably upon these bills. Some gentlemen excuse it npon pita.I. It is the business of this House to try to protect the the ground that the general law on the subject affords them Public Treasury by keeping the record straight. relief; but this is not the case. This law is narrow, nncl when Mr. FIELDS. M:r. Chairman, will the gentleman yield? applied to many cases that I know of is utterly ridiculous. For Mr. SLAYDEN. 'Yes. example, it requires that a soldier charged with desertion must Mr. FIELDS. The gentleman has misunderstood me. not only show that he was prevented from returning to bis l\Ir. SLAYDEN. Oh, the gentleman said that. . I could not command by reason of disabil.ity, but _that such disability was misunderstand that. contracted in the service and line of duty. But ~ many cases- 1912; , CONGRESSIONAL RECORD-HOUSE. 8-967 in fact, I think in the majority of cases-especially where men Mr. WILLIS. I move to amend the title so that it will read: were permitted to go home on furlough or leave of absence, the "A bill for the relief of John J. Troxell." disability which prevented their return was not contracted in The amendment to the title was agreed to. the service and line of duty, but originated after they started The bill (H. R. 21524) to correct the military record of Fred home or after they got home. A case like this does not come erick H. Ferris was ordered to be engrossed and read a third within the provisions of the general law, and yet the charge of time, read the third time, and passed. desertion in such a case is just as unfounded and as unjust 1\Ir. MANN. The title of this bill is erroneous. It should be as if the disability did originate in line of duty: I know of a "A bill for the relief of Frederick H. Ferris." case where a soldier was prevented from returning to his com The SPEAKER. If there be no objection, the title will be mand because he was a prisoner of war, and yet the general so amended. law does not provide relief in such a case as that. These in There was no objection. stances serve to illustrate the truth of my statement-that the The bill (II. R. 20339) for the relief of Joseph W. McCall present law upon the subject is narrow, unjust, and, as applied was ordered to be engrossed and read a third time, read the to some cases, ridiculous. third ti111e, and passed. Tllere is a splendid field open to the committee of which my The bill ( H. R. 5763) for the relief of Wi1Iiam K. Harvey friend from Texas is ·a member to provide relief by special was ordered to be engrossed and read a third time, read the legislation in many meritorious cases which the general law doos third time, and passed. not reach. I am sorry that the gentleman from Texas takes the The bill (H. R. 21315) for the relief of Robert Ross was extreme view that he does of these cases, and I wish he felt a read, the amendment agreed to, and the bill as amended ordered little more liberally inclined toward the old soldiers. I do not to be engrossed and read a third time, read the third time, and wish to inject politics into this discussion or into the discussion passed. of any private measure of this kind, but I venture to say that · On motion of Mr. SrMs, a motion to reconsider the votes by the gentleman is not doing his party any good by taking this which the several bills were passed was laid on the table. stand; nor do I think his colleagues from the South are ·helping l\Ir. MANN. l\Ir. Speaker, I make the point of order that no their cause any by taking a like attitude which, in the main, quorum is present. they have done. I undertake to say that the South is deprived The SPEAKER. The gentleman from Illinois makes the point to-day of the honor of having a nominee for the· Presidency in that no quorum is present. It is perfectly evident to the Chair the person of the honored Speaker of this House because · that that no quorum is present. distinguished gentleman has dared to champion more' liberal ADJOURNMENT. pension legislation for the soldiers of the Union. But for that l\Ir. UNDERWOOD. l\Ir. Speaker, I move that the House do fact I believe that the Hon. CH.A.MP CLARK would be to-day the now adjourn. Democratic nominee for the Presidency, and might have been the The motion was agreed to; accordingly (at 4 o'clock and 30 · next President of the United States. I do ·not see how any man minutes p. m.) the House adjourned until to-morrow, Saturday, could sit at the Baltimore convention, as I did, and listen to the July 13, 1912, at 12 o'clock noon. roll calls and note the way in which States like Texas, Georgia, Alabama, and the Carolinas scurried a way from the opportunity which was afforded them of choosing a southern man for REPORTS OF COMMITTEES ON PUBLIC BILLS AND President, nor analyze that vote, without reaching the same RESOLUTIONS. conclusion; and, while Bryanism had its share in the result, I Under clause 2 of Rule XIII, still belie\e that the prime cause of the defeat of my distin l\Ir. ESTOPINAL, from the· Committee on Naval Affairs, to guished friend from l\Iissomi was as I have just stated it, and which was referred the bill ( S. 2001) to provide for the award I believe the soldiers of the country. know it, too. [Applause.] of congressional medals of honor to officers and enlisted men The CHAIRMAN. If there is no further general debate the of the naval service and officers and enliE~ed men of the Clerk will report the bill for amendment under the five minute Revenue Marine, and for other purposes, reported the same rule. without amendment, accompanied by a report (No. 991), which The bill was read. said bill and report were referred to the Committee of the With the following committee amendment: Whole House on the :'!tate of the Union. - Amend, page 1, by striking out all after the enacting clause and inserting as a substitute, the following: "That in the administration of the pension laws Robert Ross, now a REPORTS OF COMMITTEES ON PRIVATE BILLS AND resident of Ryan, Ky., shall hereafter be held and considered to have RESOLUTIONS. been honorably dischar[~ d from the military service of the United States as a private of company B, Sixty-first Regiment Pennsylvania Under clause 2 of Rule XIII, private bills and resolutions Volunteer Infantry, on the 28th day of December, 1862, and that a were severally reported from committees, delivered to the Clerk, certificate of honorable discharge from the United States Army be issued to him : Provided, That no pension, emoluments or allowances of any and referred to the Committee of the Whole House, as follows: description shall accrue by reason of this act prior to date of approval Mr. SWEET, from the Committee on Military Affairs, to thereof." which was referred the bill (S. 6926) to convey to the Big The amendment was agreed to. Rock Stone & Construction Co. a portion of the military r_eserva The bill was ordered to be laid aside to be reported to the tion of Fort Logan H. Roots, in the State of Arkansas, reported House with a favorable recommendation. the same without amendment, accompanied by a report (No. Mr. SIMS. Mr. Chairman, I move that the Committee do 989), which said bill and report were referred to the Private now rise and report the several bills to the House, with the Calendar. recommendation that the amendments be agreed to and that the l\fr. LEE of Georgia, from the Committee on War Claims, to bills as amended do pass. which was referred the bill H. R. 25707, reported in lieu thereof The motion was agreed to. a resolution (H. Res. 629) referring to the Court of Claims the The committee accordingly rose; and the Speaker having re papers in the case of Joseph Block, deceased, accompanied by sumed the chair, l\fr. RAKER, Cb.airman of the Committee of the a report (No. 990), which said resolution and report were Whole House on the Private Calendar, reported that that com referred to the Private Calendar. mittee had had under consideration sundry House bills, and had Mr. BROWNING, from the Committee on Naval Affairs, to directed him to report the same back to the House, some with which was referred the bill (H. R. 25428) waiving the age and some without amendments, and with the recommendation limit for admission to the Pay Corps of the .United States Navy that the amendments be agreed to and that the bills do pass. in the case of Evan Urner Rinehart, reported the same with out amendment, accompanied by a report (No. 992), which said BILLS PASSED. bill and report were referred to the Private Calendar. The bill (H. R. 11627) to correct the military record of Barkley S. Denison was read, the amendments reported from CHANGE OF REFERENCE. the Committee of the Whole agreed to, and the bill as amended Under clause 2 of Rule XXII, the Committee on Invalid ordered to be engrossed and read a third time, read the third Pensions was discharged from the consideration of the bill time, and passed. (H. R. 25122} granting a pension to Charles E. Sleeper, and · The. bill (H. R. 606) for the relief of John Treffeisen was the same was referred to the Committee on Ptnsions. read, the amendment reported from the Committee of the Whole agreed to, and the bill as amended ordered to be en PUBLIC BILLS, RESOLUTIONS, AND l\fEl\IORIALS. grossed and read a third time, read the third time, and passed. Under clause 3 of Rule XXII, bills, resolutions, and memorials The bill (H. R. 5135) to corTect the military record of John J. were introduced and severally referred as follows: Troxell was read, the amendments agreed to, and the bill as By l\Ir. RAKER: A bill (H. R. 25738) to authorize the S~c amended ordered to be engrossed and read a third time, read the retary of the Interior -to exchange lands for school sections third time, and passed. within an Indian, military, national forest, or other reserva- 8968 CONGRESSIONAL RECORD-SENATE. JULY 13, tion, and for other purposes ; to the Committee on the Pnbiic By 1\Ir. SCULLY: Petition of St. Joseph Society, No. 20, Lands. 1 · Washington, N. J., protesting against the passage of House bill By Mr. BURNETT: A bill (H. R. 25739) restricting the 22527, for restriction of immigration; to the Committee on method of dis.position of public land in the District of Colum Immigration and Naturalization. · bia; to the Committee on the District of Columbia. Also, petition of the Daughters of Liberty of Long Branch. Also, a bill (H. R. 25740) granting jurisdiction to the Su N. J., favoring passage of House bill 22527, for restriction of ·preme Court of the District of Columbia to quiet the title to immigration; to the Committee on Immigration and Naturali- lands in certain cases; to the Committee on the District of zation. . Columbia. By Ur. STEPHENS of Texas: Petition of the Order of Rail.: ·By l\Ir. PETERS: A bill (H. R. 25741) amending section way Conductors, Division No. 275, Yoakum, Tex., favoring pas· 3392 of the Revised Statutes of the United States, as amended sage of the employers' liability act; to the Committee on the by section 32 of the act of August 5, 1909; to th~ Committee Judiciary. on Ways and Means. By Mr. WHITACRE: Petition of citizens of East Youngs By Mr. HOBSON: A bill (H. R. 25742) for the erection of a town, O.hio, against appropriation for celebrating 100 years of monument to the memory of Commodore Oli:ver Hazard Perry; peace with England; to the Committee on Industrial Arts and to the Committee on the Library. Expositions. Also, petition of the Daughters of Liberty of Massillon, Ohio, PRIV.A.TE BILLS AND RESOLUTIONS. favoring passage of bills restricting imffiigration; to the Com Under clause 1 of Rule XXII, private bills and reBolutions mittee on Immigration and Naturalization. were introduced and seTerally referred as follows : By Mr. BROW!'ffNG: A bill (H. R. 25743) granting a pension to Josephine E. Miller; to the Committee on In..valid. Pensions. SENATE. By Mr. CRUMPACKER: A bill (H. R. 25744) granting an increase of pension to Luman A. Fowler; to the Committee on SATURDAY, July 13, 1912. Invalid Pensions. (Continuation of legislative d.ay of Saturdav, July 6, 191'2.) ~y Mr. FAIRCHILD: A bill (H. R. 25745) granting an in At 10 o'clock a.. m., .on the expiration of thB recess, the Senate crea-se at- pension to Harriet L. Bidwell; to the Committee on reassembled. Invalid Pensions. Mr. SMOOT. Mr. President, I suggest the absence of a By Mr. GUDGER: A bill (H. R. 25746) granting a Pension quorum. to Leatha Chambers; to the Committee on Pensions. By Mr. HOWELL: A bill (H. R. 25747) granting an increase The PRESIDENT pro tempore. The Senator from Utah sug of pension to Mary Clark ; to the Committee on Pens.kms. gets the absence of a quorum, and the roll will be called. By Mr_ REDFIELD: A bill {H. R. 25748) for the relief of The Secretary called the roll, and the following Senators answered to their names : Robert Rogers and Augustus Mackenzie; to the Committee on As.burst Culbers-0n Lorim~r Smith, Md. Claims. Bacon Cullom Mc Cumber Smith, Mich. Bailey Curtis Martin, Va. Smith, S. C. Bourne Dillingham Martine, N. -J. Smoot PETITIONS, ETC. Brandeg.ee Gallinger l\IyeTs Stephenson Under• clause 1 of Rule XXII, petitions and papers were laid Briggs Gamble Nelson Stone Brown Gardner Oliver Sutherland on the Clerk's desk and referred as follows : Bryan Gronna Overman Swanson Hy l\Ir. FITZGERALD: Memorial of the .state Federation of Burnham Johnson, Me. Page Thornton Pennsylvania W()men, favoring the appropriation for the pier Burton Johnston, Ala. Perkins Tillman Chamberlain Jones Pomerene Townsend at the Philadelphia immigrant station,' Gloucester, . N . .J.; to Clapp Kenyon Rayner Watson the Committee on Immigration nnd Naturalization. Clarke, Ar-k. Kern Sandern Wetmore Also, memorial of the board of officers of the Order of Inde Crane Lea Shively Works pendent Americans of the State Council and the Immigration Crawford Lippitt Simmons Restriction League, favoring passage of bills restricting im Mr. THORNTON. If the senior Senator from Louisiana [Mr. migration; to the Committee on Immigration and Naturaliza FosTEB] has not responded to his name, I will simply state that tion. he is absent on account of indisposition and consequently is not Also, memorial ot the Manufacturers' Association of New able to att~md the session thiB morning. York, favoring passage of the vocational education bill; to the The PRESIDENT pro tempore. Fifty-nine SenatoTs have Committee on Agricultura . answered to their name~- A quorum of the Senate is present. Also, memorial of the :Manila Merchants' Association, against SENATOR FROM ILLINOIS. restricting in any respect the sale of the Philippine friar lands; The Senate resumed the consideration of Senate resolution to the Committee on Insular Affairs. No. 315, submitted by Mr-. LEA May 20, 1912, as follows: Also, memorial of the Board of Trade -0f Paterson, N. J.; the Resolved, That corrupt methods and practices were. employed in tho board of directors of the Buffalo Chamber -0f Commerce-; al).d election of WILLIAM LORil\IER to the Senate of the United States from the Jacksonville Boa.rd of Trade, of Jacksonville, Fla., against the State of Illinois, and that his election was therefore invalid.- the curtailment of the appropria tion for the Consular and Diplo Mr. LORIMER. Mr. President, when I concluded my remarks matic Servke, etc.,; to the. Committee on Appropriations. last evening I was discussing the testimony of Holstla w, and I Also, memorial of the Jacksonville Board of Trade, of Jack stated that Link, Beckemeyer, and Holstlaw had always testi sonville, Fla., and the Board of Trade of the city of Newark, fied everywhere, in court and before the two committees ap N. J., favoring appropriation to continue the Efficiency Oom pointed by the Senate to investigate the charges in this case, mission ; to the Committee on Appropriations. that they had never been promised or had any hope of any re Also, memorial of the Trenton Chamber of Commerce, against ward for casting their votes for me. But in order that there passage of Senate bill 5458; placing a bridge across the Dela may be no doubt in the mind of any Senator as to whether or wara River south of Trenton, N. J.; to the Committee on In not I piaced the correct construction on their testimony I will terstate and Foreign Commerce. read it. This is the question by Judge Hanecy to l\Iichael Link: Also, memorial of the Southern Shoe Retailers' Association, Q. Did you ever receive any money from Lee O'Neil Browne, Bob of Atlanta,- Ga., against pass.age of the Campbell bill, compell Wilson, or R. E. Wilson, whatever his name is, or anybody else, or from ing all goods to be marked with manufacturer's name; to the any source whatever, or did you receive any other thing of value at any time from anybody because you had voted for WILLIAM Lonlllrnn Committee on Interstate and Foreign Commerce. · for United States Senator?-A. No, sir. Also, memorial of citizens of the first and seventh congres Q. Was there ever any consideratio:i moving to you, or to anybody sional districts of Brooklyn and of Bay Ridge, Brooklyn, N. Y., for you, or for your benefit, in any place, from any source whatever, with the understanding that you were to vote for WILLI.AU LORIMER against appropriation for celebrating 100 years of peace with for United States Senator, or if you bad voted for WILLI.AM LoRIMER England; to the Committee on Industrial Arts and Expositions. for United States Senator, any considera tion of any kind ?-A. None Also, memorial of the Workmen's Sick and Death Benefit whatever. Q. Did you vote for WTLLI.AM LonI11rnn for United States Senator Fund of the United States of America and the Lithuanian for any other reason than that you liked him, and that you favored Alliance of America, against passage of bills re~tricting immi and that your people favored the things he favored in relation to the gration; to the Committee on Immigr ~tion and Naturalization. deep waterway from tbe Lakes to the Gulf?-A. That is why I voted By Mr. FULLER: Petition of the National Association of for him. Piano Merchants of America, protesting against pass.age of any That is the testimony of Michael Link. He is the man who legii;:lation prohibiting price maintenance; to the Committee on has been heralded all over this country as one of the men who Patents. confessed that he was bribed to vote fQr LORIMER; and that By Mr. ltlA.GUIRE .of Nebraska : Petition of citizens .of impre ssion. has been sent out o>er this country by Senators who, · Nebraska, protesting against the passage of any parcel-post had they been interested in establishing the truth, could have legislation; to the Committee on the Post Office and Post Roads. known that Michael Link testified in effect to this statement
Congressional .Record-Senate. '
