2752 ·co~:rGRESSIOi' .A.L TIECORD-llOUSE. FEBRUARY 5,
1\Ir. W ADSWORTII. I yield. - • . - l.not meet this :rea.r to furni h, if thi bill pn ses, the half tlu\t Mr. JONES of New Mexico. I should like to. ask tl1e Senator the· States haYe to furnish. All that this amendment uoe · in· if he means tO' intimate that the .rate of Federal taxation is any stead of confining it to the succeedin" ye.ar, is to put tb~ re greater in the State of New York than in any other State of the qrrirement for the !'l('f!Olld year om~ yea I.' later before the 1·edi ·... .Union?. tribution is matlC'. Mr. 'VADSWORTH. ·Mr. Pre ident, I did not say anything 1\Ir. SMOOT. l\Ir. President, will the Senator allow the like that; I dfd not mention the rate of Federal taxation. I amendment to be printed and lie on the table and take it up mentioned the local taxes. the first thing in the morning? Mr. JONES of New Mexico. As I understood the Senator, he l\ir. SWANSON. Yes; that will be all r1<>'ht. r :was complaining of the special burden being put upon the State l\Ir. BANKHEAD. I move that the Senat~ adjourn. of New York by virtue oL this provisio~ of the pending bill; The motion wa.s agreed to; and (at 5 o'clock and 40 minutes Mr. WADSWORTH. No, Mr. President; the Senator I.S mis- p. m,) the Senate adjourned until to-morrow Thursday Febru· taken. I did not say that the rate of Federal taration was nry 6, 1919, at 12 o'clock meridian. ' ' greater in New Yo.rk than in any other State. Of course. that would be absurd; it is not. I s:ay the people of New York and of many other States have: aSS1Illled of theh· own volition n .ve1-y: heavy tax burden, and when they assumed that burden HOUSE OF ·REPRESENTATIVES • they felt certain that their local sources of taxation would be reserved to them ; but tn recent years they find that the Fed WEDNESDAY, Febntary 5, 1919. eral Government has invaded their field of taxation and has ll.l![de it literally impossible for them to raise any more money The House met at 11 o'clock a. m. from those sources to meet their local bills, · nnd the more The Chaplain, llev. Henry N. Couoen, D. D., offered the !ol~ money the Federal Government appropriates in the m.nnner lowing prayer : suggested by this ~ill, the heavier becomes the burden of those Our Father in Heaven, exercise. we beseech Thee, 'l'hy holy peopl~ . . influence to safeguard the home-loving, peace-lovlng,.law-abidiug l\1r. JONES of New· Mexico. I should liJre to ask the Senator citizens throughout ou:c Republic from tile in.fiuence of evil· if the Federal Government has invaded any field of taxation in minded men and women, who, by their glib tongues and seduc. New :fork which it has not invaded in every other State. in .tive harangues, are going over the country seeking to stir up the. Union? strife~ discontent,. and h:a..tred among their brethren who lov lli. WADSWORTH. Mr. President, of course, the Federal the fiag and all the S!lcred principles which it represents; whos laws are general in chru.·aeter, bnt not all the States in the objects are to overthrow ou:c Government, that they may get Union by any means impose an inheritance tax; no~ such a something for nothing. ·heavy inheritance tax as is imposed in New York. If the rate Inspire, we i>ray Thee, the legislative assemblies throughout o.n inheritances in Ohio is the largest, perhaps New York is eYery State in the Union and the lawmakers at the Capitol to the second; but the inheritance tax in New York ,was a heavy pass laws which will drive them from our midst and keep them tax, and was meant to he, to help pay the debts pf the State; far from us. but along comes the Federal Government and· doubles it. That Ours is a people's government and the people have it in thehr means that New· York can never get any more_from that ~urce. power to rectify mistakes and remove abuses without dynamite, That is not the only instance ; there are others; in fact,. the fire, and the sword. So let us live in peace and harmony and starving process: has started, and yet the burdens of taxation practice the precepts enunciated by the Master. Amen. continue to rise. Had some of the States which are supposed '£he Journal of the proceedings of yesterday was rend and fill" to be wealthy known that this tendency in Congress was going proyed. to make itself so powerful,. we would not of our own volition BEN J A.MIN C. GREENE. have shouldered this burden locally. We would have waited for Washington to give ·us the money, as other States haYe l\1r. HASTINGS. Mr. Speaker, I pre ent a privilegetl report from the Committee on Accounts and a k for its immediate con• :waited. sideration. Mr. LODGE. Mr. President, if the Senator from New York will allow me a moment-- l\1r. STAFFORD. 1\Ir. Speaker, unless this is in order on Calendar Wednesday, I suggest that the motion be made to dis~ Mr. WADSWORTH. I yield. pense with the business in order on Calendar Wednesday. Mr. LODGE. Of course, the rates of Federal taxation are .the same everywhere; _there is no question almut that; but the DISPENSING WITH CALENDAR. WEDNESDAY BUSINES • rates of collection are very different. Federal taxes are col l\lr. PADGETT. Y I ask unnnimous consent, Mr. Speaker, lected with great thoroughness in some parts of the country that the busine sin order on Calendar Wednesday to-day ue dis~ anu very im~erfectly in. others.. pensed with. The VICE PRESJpENT. The question is on the amendment The SPEAKER. The ·gentleman from Tennes ee ask unani offered by the Senator from Massachusetts to the amendment mous con ent to dispense with Calendar Wednesday busin reported by the committee. By tile ound tlle noe · seem to for to-day. Is there objection? have it. Mr. MANN. We are tO> have a meeting of the Republicans· in l\1r. WEEKS. I ask for a. (lin ion. the Honse at 5 o'clock this afternoon. On a division, the amendment was rejected. l\fr. PADGETT. Yes. The gentleman told me that yc tet· 1.\.rr-. BANKHEAD obtained the floor. day, and I told him I would move to rise at 5 o'clock. Mr. SWANSON. Mr. President-- The SPEAKER. Is there objection? Mr• .BANKHEAD. I yield to the Senator :from Virginia. l\Ir. LITTLE. Re erving the right to object, will the gentle· l\Ir. SWANSON. Mr. President, I lillve nn amendment which man then move to go into the Committee of the Whole Hou o I want to offer to tllis section. I send it to the desk and a k on the state of the Union for the con •ideratiou of the na\al to have it stated. bill? The VICE PRESID&~. The amendment to the amendment Mr. PADGE'J..'T. Yes. will be stated. The SPEA.KElt. He will go jnto it a soon a he cnn. The SECRETARY. On page 37, at the end of line.15, before the [Laughter.] Is there objection? period, it is proposed to insert a colon and add tb.e following : Mr. AUSTIN. ne erving the rigll.t to object, Mr. Speaker, Provided, Tha.t so much of the appropriation apportioned to any State there a1·e only three Calenda1· W edne ·days remaining· before under the said act approve!.i July 11. 1916. or- under this seetion{ for the fina1 adjournment of Congress. The call is ou the Com~ nny fiscal year as remain unexpended at the close thereof sha 1 be available for e:\.-penditure in tl.at State. until the close of the second mittee on the Post Office and Po t llou.ds. The Committee on fis
Mr-. STAFFORD. Tl1ey begin earlfer-, bot the sum total will crease iii: compensation. l hope there will be no real, substml not compare at all with the s11m total of the wort: of the Official tlal objection to the amendment that 1 • offer c1 to the committe Reportel'S of debatesr resolution. Let n.s be fafr to the e willing, efficient, an
"He claimed that his negotiations us to the propaganda were only Urge •• red" America-Bolshevik speakers stir huge audience nt under way. In response to my question whether he had ever heard any, Poll's Theater-City's radicals in throngs-Representative MASON breath of criticism directed against the integrity of my administration, charges plot to keep Slav funds in United States-Speaks from box: he declared that he had not. · after :Albert Rhys Williams and others laud Soviets and tell of spread " He insisted that he had not yet consummated his negotiations for ing propaganda In United States-" Suff " pickets take up collections-., conducting his 'publicity campaign' and getting newspapers to print Adopt Johnson resolution now in Senate. his ' disguised ' stories, although he confessed that he had already given wide circulation to the yarns he had written in the etrort to injure In order to connect me with it, and in order to air Ws own 0 views of patriotism and hatred of the red flag, which we all th7, f ~t~ol~ett.e doubtful as to whether this newspaper scribbler (a hate and despise in this country, he said what he did. discredit to a noble profession, seeking fees to defame a GoverD..?l~nt official) or the contemptible offender with whom be was conspumg And you want to understand, gentlemen, that in the city of should be digui.fied with public notice, but I think the people should Chicago we do not talk a,bout anarchists, we bang them [ap· understand the nature of some of the things appearing in the news plause], but we do it by action of the court when they advise papers, so as not to be imposed upon and in order that they may dis- tinguish paid-for propaganda from real facts. . violence and destruction of the law of this country. We people " The following is a copy of the ' memorandum ' referred to m the in Chicago believe that in all the American sky there is no foregoing statement, a photograph of which memorandum by chance, room for but one flag, and that is the American flag. [Ap but unfortunately for its author, has come into the possession of the Comptroller of the Currency : plause.] That is what we believe, and any man who tries to " 'Memorandum for Mr. ---. push his propaganda by insulting me and my record upon this " ' If reappointed and confirmed, the present Comptroller of the case let him answer to his own constituency. I will answer Currency will remain in office for five years. to mine. I sat in my home the night the bomb was thrown by. " 'All that is needed is determination on the part of two or three the anarchists that murdered the policemen in the city of Ch: Republican Senators. It they assume the responsibility, the Demo crats are not apt to make a serious fight for Williams in the Senate. cago, in the home I had worked for and earned with my own hands "'A publicity campaign should be started at once, but should be run and my own brain, and if there is any place in the world where very quietly. Several papers will print stories 1f the stories are we belie"\""e in obedience to Jaw and where we are against handed to them disguised. "'Full publicity can come when the name is sent to the Senate and nihilists and anarchists it is in the grea't State of Illinois. We referred to the committee. believe in obedience to law, and when I attended this meeting I "'In the meantime a story here and there would help the Senators went there, as I wish every Congressman in the United States al~pf"Get seTeral bankers in on the deal. Do not tell them who is to had gone, simply to hear what the facts are from that side. handle the publicity at the beginning. That is a matter strictly be When the ma,n wrote this article that we were urging a " re1l " tween you and me for the present, becaus.e I will want to. work quietly America, he states what is not true. Not one of the speakers at first since when I have to come out m the open I will be sure to make some enemies in high places. . there made any assault; they were all speaking of American " ' Since the fight promises to last only a few weeks, and in handllng ideals. I noticed, when I went in, some large decorations which the publicity I will be sure to incur some enmities, the charges will be were prominent in red, and I will admit it stirred me a little $250 a week. I am sure I can do some good work for the cause.' " bit, because we do not like this doctrine of destroying law by THE 1\£EETING AT POLl'S THEATER. force, and I felt like taking a fall out of the whole outfit, but when the speaker arose he said those decorations belonged to Mr. DILLON. Mr. Speaker, I ask unanimous consent to pro the side show, the theater, that was coming on in a few minutes. ceed for two minutes. He said, " Our decorations are here," and be pointed to two The SPEAKER. The gentleman from · South Dakota asks American flags upon the platform. Now, 1\lr. Speaker, I should unanimous consent to address the House for two minutes. Is not refer to• this except for the fact that there is a general dis there objection? position to work one end or the other in this present propa There was no objection. ganda for and against. 1\fr. DILLON. Mr. Speaker, much has been said about a As one of my colleagues stated, there is a propaganda in meeting on Sunday afternoon at Poll's Theater. The news the United States to uphold the Bolsheviki government, and I papers of the city state that I attended that meeting. I rise at believe that is true. · I know also there is a propaganda going this time to deny the statement. I was not invited; I did not on in the United States to uphold the spawn of the Czar, who attend and did not know O'.f the meeting; never heard of the are trying to reorganize the government that will be controlled meeting until I read it in the newspaper accounts. [Applause.] in a way that the bondholders will be sure to collect their in· It is a case of mistaken identity. The newspaper reporter in terest on their bonds. But I am an American citizen, and I recording me as attending that meeting got his wires badly say, a plague upon both your houses. I say-and that is where crossed. this whole trouble arises-that we· have got troops in Russia QUESTION OF PERSONAL PRIVILEGE. to-day without a declaration of war. As ·I showed the other Mr. 1\IASON rose. day from a letter addressed to my colleague from Washington, The SPEAKER. For what purpose does the gentleman rise? 15,000 American boys are in Russia. I do not belie"\""e theY. Mr. MASON. To a question of personal privilege. should be there fighting on either side of this political scramble. The SPEAKER. . The gentleman will state it. As much as I hate the doctrine of anarchy and nihilism, a 1\Ir. MASON. Mr. Speaker, it has been stated in the same change of law by force, I hate and despise the doctrine of the newspaper already referred to and in several others that at the Czar, and, as far as I am concerned, I do not care which one meeting on Sunday, reading from the headlines of the paP.er of them wins in Russia; but my people in Illinois are begging and from comments made by a Member of another legislative me to get their boys out of Russia. I had a letter from a blind body there was urged a red America. Several gentlemen man this morning who says that his boy is in Russia, and he Jn b~tll branches of Congress have been kind enough to quote wants him home; that he did not enlist to fight Russia. But from this paper the statement that I was present, and by in a propaganda is running here not only for the Bolsheviki, not ference and argument that I approved of the doctrine of anarchy only for the anarchists and nihilists, but a propaganda is going or nihilism. I desire to make a statement in regard to that in on to get us into war with Russia. When I said that the other my own defense. day a gentleman said, The idea of our declaring war! And yet The SPEAKER. How does it link the gentleman up with it? this morning's paper, the same paper that publishes a lot of There might be 40 Bolshevik! meetings held and the gentleman headlines about urging a red government in the United States, not be connected with any. this same paper says in its editorial this morning: The imperative duty of the allies lies in crushing the Bolshevik! by Mr. MASON. One gentleman in another branch of Congress force of arms immediately and the organization of Russians to the says that he will not use any names, but he afterwards uses exclusion of German intrigue. my name, and it is printed in the headlines in the paper. The Then he goes on to say that this is an enormous task, but headlines are false, and the man who wrote them knew he was it is not more of a task than the task of-- lying when he wrote them. The SPEAKER. The Chair will suggest to the gentleman The SPEAKER. What the Chair wants to know is, Is the that what is going on over in Russia has nothing to do with gentleman's name mentioned in the headlines? the question of privilege. Mr. MASON. It is. Mr. 1\IASON. Very well, Mr. Speaker; but I think it has. I The SPEAKER. Go on. think if I could be heard a minute on that, the Speaker might Mr. MASON. Mr. Speaker and colleagues, I am not going to change his views. I am charged here by a man with advocat ta.lre long and I would not pay any attention to this burst of ing the disobedience to law and the destruction of law, and enthusias~ on the part of certain people who get excited when they charge here there is a propaganda going on by the Bol- - they read something in a newspaper if I was not deeply inter sheviki. 1\Iy answer is that I am opposed to both the Bolshevik! ested in the cause that brought it about. and also the Czar reorganization, but I propose to show The gentleman in another Chamber who uses my name by that those who are running this propaganda, who are making printing these headlines in the papers says, reading from the this false charge against me, belieYe that we should go to war headlines: with Hussia, and they sny it \Yill not take more sacrifice- 1919. CONGRESSIONAL RECORD-HOUSE. 2757j
The SPEAKER. The Chair knows; but on a question of per Mr. · DENT. Mr. Speaker, I move that the House agree to sonal privilege you can not go into the byways and highwa-ys the conference report as read. :of history and these various ramifications that are going on The SPEAKER. There is not anything to act on. ·over in Russia. If you did, you never would get through with Mr. HOWARD. Mr. Speaker, a parliamentary inquiry. it. Now, if the gentleman has anything to say about his own The SPEAKER. The gentleman will state it. case, the Chair will hear him. Mr. HOWARD. The parliamentary motion in a case of this Mr. MASON. I think, Mr. Speaker, I have stated my own sort is to recede from the position of the House conferees and case myself to my colleagues, and I will let it end with that agree to the Senate amendment, is it not? for the present until I can have the time and compl-y strictly The SPEAKER. That is a preferential motion when the time ,with the rules. You have all been more or less lied about by comes to make it. newspapers, and instead of having your condemnation I should Mr. DENT. Mr. Speaker, let me state what the facts are, have your sympathy when I say that I love this country; that so that my motion may be understood. The Senate struck out I am opposed to force being used; that in Chicago we drink all of the House bill after the enacting clause and inserted as that in with the milk we get in our childhood. We are opposed one entire amendment a separate bill, so that the conferees had .to any change of form of government by violence, and the man to bring back a report showing an entire disagreement. As a ;\Vho charges me, if some of these pulpheads-you know what matter of fact, the conferees dicl reach an agreement prac· a pulphead is? We have had pinheads and blockheads, and tically on every proposition except that involved in section 7 now the pulphead comes along, made of soft pulp \vith a little of the Senate bill, which relates to mine and mineral war con printing ink on it, and he reads an article that you are a bad tracts. man. Now, I am moving at this time to agree to the report of the And the next moment you say, "Wby, the gentleman from conferees disagreeing to the Senate amendment_. Then I shall Illinois is a fine man." And then they will praise you and sing follow that with a motion to agree to a further conference asked and shout your praise until the next morning, when some piece · for by the Senate on yesterday afternoon. of pulp comes out with another piece of ink and the same" pulp The SPEAKER. The gentleman moves to further insist o~ bead " begins to shout to down you. the disagreement to the Senate amendment No.7. _ Let me say before. I sit down that I am sorry to say that Mr. DENT. No. I move that the House furt11er insist on its many of my colleagues in both branches of Congress, instead of disagreement to the Senate amendment. going to the meeting and hearing what was said, being too in The SPEAKER. That is exactly what the Chair said, and dolent physically to give a little time to consider and hear the was going to put it. facts, simply get the "pulphe.a.d" idea and say, "It is in the Mr. GARNER. Will the gentleman from Alabama yield for newspapers; it must be true." a question? I say to you the meeting was not in the interest of the Mr. DENT. I wil1. ~~ Reds." The young man and the young woman who spoke Mr. GARNER. If the House should agree to the conference there spoke simply to give their ideas of w.hat the truth was report-that is, the statement of the committee-and further over there. There was not an insulting remark made, nor was insist on its disagreement and agree to the conference, do the ~here a suggestion made to cl1ange the laws of the United States. · conferees still think they would be bound by the agreement they That answers the gentlemen who so far have shown their made to the House in the beginning as to section No.7? :characteristics of having pulp instead of brains and run ott M.r. DENT. I will state to the gentleman that I propose, after chasing wild rumors because some newspaper is interested in we vote on the first motion I made, to adopt the conference the propaganda of the spawn of the 'Czar. repor.t, to move to go into conference; and I shall state frankly_ CONTESTED-ELECTION CA.SE-DA.VENPOBT VERSUS CHANDLER. and accurately the position of the conferees and await the dif. ferent instructions the House ma.y see fit to give. Mr. TILLMAN. Mr. Speaker, I ask to c~ll up the House Mr. HAMLIN. 1\Ir. Speaker, a parliamentary inquiry. resolution 523 and dispose of it. It is the report of the Com The SPEAKER. The gentleman will state it. mittee on Elections No. 2, seating Mr. CHANDLER of Oklahoma, Mr. HMILIN. At what period of these proceedings will. it 'the sitting Member. It can be disposed of in a moment, I be in order to move that the House instruct the .conferees to think. further insist on their disagreement? • ~ The SPEAKER. The Clerk will report the resolution• The SPEAKER. The gentleman is making a motion to fur The Clerk read as follows: ther insist. House resolution 523. Mr. HAMLIN. He is moving now to agree to the conference Resolved, First. That James S. Davenport was not elected to the House of Representatives from the first district of the State of Okla report as reported. homa in this Congress and is not entitled to a seat herein. Mr. DENT. That is the motion, and the effect of that motion Second. That T. A. Chandler was duly elected to the House of Rep is that we insist on disagreement to the entire Senate bill. lresentntives from the firat district of the State of Oklahoma in this .Congress and is errtitled to seat therein. Mr. MANN. Oh, no. The SPEAKER. Here is the situation about it: If. this motion : The SPEAKER. The question is on agreeing to the resolu o'f the gentleman carries, he asks for a new conference ; and tion. then, if the House agrees to a new conference, before the con· The resolution was agreed to. ferees are appointed the time comes to make a motion to instruct VALIDATION OF CERTAIN WAR CONTRACTS-CONFERENCE REPORT. · the conferees. · 1\fr. MANN. Mr. Speaker, if this motion is agreed to-and Mr. DENT. Mr. Speaker, I call up the conference report on it is immaterial whether it is or not-then it will be in order the bill H. R. 13274. for the gentleman to move that the House further insist upon \ The SPEAKER. The Clerk will report it. its disagreement to the Senate amendment and ask for further The conference report was read, as follows: conferenee. - Mr. DENT. That is what I stated to the House. The committee of conference on the disagreeing votes of the l\1r. MANN. If that motion is agreed to, then it will be in two Houses on the amendments of the Senate to the bill (H. R. order to instruct the conferees. '-13274) to provide relief where formal contracts have not been The SPEAKER. That is precisely what the Chair stated. ,made in the manner required by law, having met, after full and Mr. DENT. I thought I had stated that. free conference have agreed to recommend and do recommend The SPEAKER. That is precisely what the Chair stated. :to their respective Houses as follows : Mr. HOWARD rose. On the amendment of the Senate to the bill and to the title The SPEAKER. For what purpose does tl1e gentleman from :gf the bill the conferees have been unable to agree. Georgia rise? S. H. DENT, Jr., Mr. HOW~ffiD. I rise to make a parliamentary inquiry. W. J. FIELDS, The SPEAKER. The gentleman will state it. JULIUS KAHN, Mr. HOWARD. At an.y stage would not the preferential Managers on the part of the House. motion be for the House to recede from its position in disagree GEORGE E. CHAMBERLAIN, ment aud agree to the Senate amendment? DUNCAN U. FLETCHER, · The SPEAKER. Yes. It is in order right now. n S. THOMAS, Mr. HOWARD. Then, l\fr. Speaker, if it is in order, I move F. E. WARREN, that the House recede from its disagreement to section No. 7. · P. c. KNOX, Mr. MANN. The conference report properly ought to be dis· Afanagers on the part of the Senate. posed of first. 2758 CONGRESSIONAL R.ECORD-_ HOUSE. FEBRU ARY 5,
The SPEAKER. There is. nothing to dispose of. He reports · Mr. SLOAN. I ask unanimous consent that the Senate a disagreement. amendment, in which the House is now asked to concur, be Mr. 1\fANN. That is a report of the conference committee. read. It is not importnnt Mr. FOSTER. I object. That is the whole amendment. The SPEAKER. You do not have to act upon the report. Mr. MANN. That is a matter of right, to have the amend There is no report. That is the truth. ment read under the rule. 1\fr. 1\fANN. Very well. The SPEAKER. The Clerk will read the amendment. The SPEAKER. The gentleman from Alabama [Mr. DENT] Mr. DENT. Mr. Speaker, I ask unanimous consent to make moves that the House further insist on its disagreement to the a statement of one minute's duration. Senate amendment, and the gentleman from Georgia [Mr. How Mr. DENISON. I object I tried to get tellers on this thing, ARD] makes a preferential motion thitt the House recede from and no one over there would stand for it. its disagreement and concur in the Senate amendment. Those The SPEAKER. The Clerk will report the Senate amend in' favor of the motion of the gentleman-- ment. ·Mr. DENT. Mr. Speaker, a parliamentary inquiry. Mr. HAMLIN rose. The SPEAKER. The gentleman will state it. The SPEAKER. For what purpose does the gentleman from ·Mr. DENT. Would not the effect of the motion of the gen- Missouri rise? tleman from Georgia be to adopt in its entirety the Senate bill? Mr. HAMLIN. I understood the gentleman requested only The SPEAKER. Of course it would. the reading of the amendment known as section 7 of the bill; and Mr. HAMLIN rose. not the whole. The SPEAKER. For what purpose does the gentleman from Mr. FOSTER. No. He demanded the reading of the amend Missouri rise? ment. Mr. HAMLIN. To make a parliamentary inquiry. The SPEAKER. Not a word was said about section 7. It is . The SPEAKER. The gentleman will state it. not confined to.that. The Clerk will read. Mr. HAMLIN. If the motion of the gentleman from Georgia The Clerk read as follows : 1 is a preferential motion, on that motion how much debate will .~trike out all after the enacting clause and insert: That whenever during the war emergency and prior to November 12 there be? 1918, any individual, firm, company, corporation, or foreign govern: The SPEAKER. If somebody moves the previous· question, ment bas made an agreement with the Secretary of War, or with any there will not be any. officer or agent acting under his authority, or with any agency of the Governl!lent authorized to procure for the War Department, for the .Mr. DENT. Mr. Speaker, I move the previous question. production, manufacture, sale, acquisition or control of equipment ·The SPEAKER. The gentleman from Alabama moves the materials or supplies, or for services, or for facilities, or other purposes previous question. The question 'is on ordering the previous connected with the prosecution of the war, and such agreement was reduced to the form of a contract or accepted procurement order and question. executed or signed on behalf of the Government, but the agreement did 'The question was taken, and the Speaker announced that the not comply with statutory requirements, in every such case the Sec ayes seemed to have it. retary of War is authorized and directed to waive, on behalf of the Government, such noncompliance : Provided, That be finds such waiver 'Mr. HOWARD. A division, Mr. Speaker. is not inconsistent with the public interest, and in this event the said The SPEAKER. A division is demanded. agreem!C'nt shall have the same validity and effect it would have bad it The House divided; and there were-ayes 101, noes 68. such statutory requirement had been complied with: And provided further, That such waiver shall not validate such contract or procure Mr. DENISON. Mr. Speaker, I ask for tellers on that vote. ment order in so far as any cl!lim for unearned profits may be involved. The· SPEAKER. Tellers are demanded. Those who · favor "That whenever, prior to sa1d November 12, 1918, any individual, firm, taking this vote by tellers will rise and stand until counted. company, corporation, or foreign Government has made any agreement oral or written, express or implied, with, or has received any order o~ ·Mr. :MANN. · Mr. Speaker, a parliamentary inquiry. request, oral or written, from the Secretary of War, or any officer, agent, The SPEAKER. The gentleman will state it. or agency as aforesaid, for any of the purposes aforesaid, and the same Mr. MANN. I asked the Speaker whether the previous tlues has not been reduced to contract form, or when the Secretary of War has not waived such noncompliance, but such individual, firm, company, tion was on the motion of the gentleman from Georgia. I corporation, or foreign Government has in good faith made expenditures uriderst()od it was. incurred <>bllgatlons, acquired or furnished facilities, equipment, mate~ rials,- or supplies, or rendered services., in reliance on such agreement 'The SPEAKER. It is on both. order, or request, in every such case the Secretary of War is authorized Mr. DENT. It was only on the motion of the gentleman and directed, on behalf of the Government, to enter into such contract from G~orgia. with sucli individualhfirrtl, company, corpora tion, or foreign Government • as will, under all t e circumstances, fairly and equitably compensate Mr. HOWARD. Mr. Speaker, a _parliamentary inquiry. him or it for the expenditures made, obligations incurred, equipment, The SPEAKER. The gentleman will state it. materials, · or s~pplies furnished or acquired, <>r services rendered, as Mr. HOWARD. The part of the conference report that my aforesaid: Pro-r;Jded, That in no event shall such contract provide for compensation on terms more favorable than the terms, if any, for which motion of agreement was made upon was what is known as the aforesaid agreement, order, or request may have provided. section 7 of the Senate bill, known as· the Henderson amend "That whenever, prior to said November 12, 1918, the War Depart ment. The motion that I have made had no reference to any menth through its officers or agents, bas taken possession of any land, or w enever the holder or owner of any land has removed from or r e· portion of the bill except that. If I can get a vote on that. moved any·improvements from such land at the order or request of the proposition, which includes these mining claims- War Department and no valid contract bas been made with r espect ·The SPEAKER. The Chair knows; but the gentleman can thereto, then the Secretary of War, it he finds that tbe public inter est does not require the possession or occupancy of such land by the Gov not argue that question now-- , ernment, is authorized to make compensation to the owner or holder Mr.. HO'VARD. I want to make myself clear-- thereof for the fair value of such improvements so removed and the The SPEAKER. Until we get through with this vote. The expense incw·red by such owner in removing therefrom or for the fair value of the use of such land of which the War Department has taken gentleman from Alabama [Mr. DENT] says he did not include actual possession and for any expense or loss incurred by the owner or in his motion for the previous question anything but the motion holder by reason of such possesswn. of-the gentleman from Georgia. · "S:r.:c. 2. That a commission is hereby created and established, to be known as the War Contracts Appeals Commission (hereinafter referred Mr. SLOAN. Mr. Speaker, let the amendment be reported. to as the commission), which shall be composed of three members, who We can not understand it. - · shall be appointed by the President, by and with the advice and consent The SPEAKER. The House is dividing. Those who favor of the Senate, and shall continue in otlice for one year fr·om the date ot this act. One member of the commission shall represent the War taking this vote by tellers will rise and stand until they are Department, one member shall represent the Department of .Justice, and counted. [After counting.] Thirteen gentlemen have risen one member shall represent the business intere11ts of the country. None not a sufficient number. The previous question is ordered on of the members of the commission shall be interested in any order, con tract, or agreement within the purview of this act or haTe any interest the motion of the gentleman from Georgia [Mr. HowABD]. in any firm or corporation having such orders, contracts, or agreements. Mr. FIELDS. Mr. Speaker, a parliamentary inquiry. Each member of the commission shall receiTe a salary of $7,500 a year, The SPEAKER. The gentleman will state it. payable in the same manner as the salaries of judges of the courts of the United States. The commission shall choose a chairman from its Mr. FIELDS. Is it in order to offer an amendment to the own membership and may· appoint a secretary, who shall receive a motion of the gentleman from Georgia? salary not exceeding $5,000 a year, to be determined by the commission The SPEAKER. The previous question is ordered on it. and payable in tbe same manner as the salaries of the members of the commission. . ·Mr. FIELDS. I wanted to straighten out the situation, if "That there is hereby appropriated, for the purpose of defraying the I -may be permitted to do so, by offering an amendment to the reasonable expenses of the commission, includrng the payment of motion of the gentleman from Georgia. salaries herein authorized, out of any money in the Treasury of the United States not otherwise appropriated, available immediately and The SPEAKER. The question is on agreeing to the motion until expended, the sum of $50,000. of the gentleman from Georgia. "That wiWn 30 days of the date when the Secretary of War offers Mr. SLOAN. Mr. Speaker, may we have the amendment any contract or eompensation as provided in this act or refuses to otrer such contract or compensation, the party to whom said contract or read? compe!lsation is tendered or refused, or the Government by a duly au The SPEAKER. By unanimous consent it can be read. thorized omcer from the Department of Justice may file with the chairman 1919.· CONGRESSIONAL RECORD-HOUSE. 2159 of the commission a notice of appeal : Provided, however, That if the of such officers is or was at the time of the making of said contract representative of .the Department of Justice agrees with the action of directly or indirectly interested in said contract. the War Department there shall be no aJ,>peal by the Government, but "SEc. 4. That nothing in this act contained shall be construed to settlement can be made at once. If the Secretary of War shall refuse validate· any agreement, contract, or order procured by fraud or to to waive noncompliance with statutory requirements in respect to any relieve any officer or agent of the Government from prosecution under agreement within the purview of the first paragraph of section 1 of this the penal statutes of the United States for a.ny fraud, criminal conduct, act or upon the expiration of 60 days from the date of the taking etiect illegality, or irregularity in connection with any of the agreements of this act shall have failed to waive such noncompliance, the con or orders referred to herein or the execution or signing thereof. In all tractor named in any such agreement may, within 30 days after such proceedings hereunder witnesses may be compelled to attend, appear, refusal or after the expiration of such 60 days, file with the chairman ~f and testify, and produce books, papers, and letters, or other docu said commission a riotice of appeal. In all cases wher.e an appea~ IS ments; and the claim . that any such testimony or evidence may tend taken hereunder the commission shall proceed to examme and review to criminate the person giving the same shall not excuse such witness the facts and circumstances of the case and make its award or finding from testifying, but such evidence or testimony shall not be used against thereon according to the justice and equity thereof. Upon giving re such person in the trial of an{ criminal p&oceeding. ceipt in full of all demands against the United States arising out of "SEc. 5. That no settlemen of any claim arising under the provisions the transaction by reason of which the award is made, the appellant of this act shall bar the United States Government through any of its shall be entitled to receive the amount of any award so made, and the duly authorized agencies, or any committee of Congress hereafter duly proper officer of the United States is hereby authorized and directed appointed, from the right of review of such settlement, nor the right of to pay the same, but if the appellant is dissatisfied with the amount recovery of any money paid by the Government to any party under any so awarded be shall be paid 75 per cent of the amount awarded and settlement entered into, or payment made under the provisions of this shall he entitled to sue the United States in the Court of Claims to act, if the Government has been defrauded, and the right of recovery recover such further sum as added to said 75 J.>er cent sh~ll make ~P in all such cases shall extend to the executors, administrators, heirs, such amount as will be fair and just compensation as provided in this and assigns, or any party or parties: A.nd provided further, That noth act and the Court of Claims is hereby given jurisdiction to hear said ing in this act shall be construed to relieve any officer or agent of suit and render judgment therein. . the United States from criminal prosecution under the provisions of " That whenever the Secretary of War and the contractor shall fail any statutes of the United States for any fraud or criminal conduct: to agree in the matter of the adjustment or settlement, or as. to the A.nd provided further, That this act shall in no way relieve or excuse interpretation or application pf the terms, of any contract whi<;h has any officer or his agent from such criminal prosecution because of been made for any of the purposes set forth in this act, and m ~he any irregularity or illegality in the manner of the execution of . such execution of which there has been compliance with statutory requrre agreement: A.nd provided tu1·ther, That the names of such .::ontractors ments, or compliance has been waived as herein provided, the contractor and the amounts of such partial or final settlements shall be filed with or the Government by a duly authorized officer from the D.epartment of the Clerk of the House for the information of Congress and printed Justice may give notice to the Secretary of War of intention to appeal in the CONGRESSIONAL RECORD, or as a public document, within 10 to the commission, and provided notice of appeal is filed with the days after such confirmation. chairman of the commission within 30 days: Provided, however, That " SEc. 6. That whenever, under the provisions of this act, the Secretary if the representative of the Department of Justice agrees with the action of War shall make an award to any prime contractor who shall have of the War Department there shall be no appeal by the Gov~nment but sublet any part of said contract for material, equipment, or supplies settlement can be made at once. On an appeal being taken the com to any other person, firm, or corporation who bas in good faith made mission shall thereupon proceed to determine the questions at issu.e as expenditures, incurred obligations, rendered service, or furnished mate set forth in said notice of appeal; and the contractor shall be entltl~d rial, equipment, or supplies to any prime contractor, with the knowledge either to receive the whole amount of such award as may be made as m and approval of any agent of tl.e Secretary of War duly authorized full of his claim on the questions submitted or 75 per cent of the same thereunto, the Secretary of War shall apportion the amount of said and sue the United States in the Court of Claims for any remainder, award justly due to each of the subcontractors of said prime con all as provided next above as to agreements otherwise within the pur tractors. Before payment of said award the Secretary of War shall view of this act. require any prime contrach·r to present satisfactory evidence of having " That in executing the duties and powers conferred by this act the paid said subcontract<'rs or of the consent of said sub~ontractors to look commission may make its own rules and regulations and may bear and for their compensation to said prime contractor only ; and in the case determine issues informally. It shall be the duty of the Secretary of of the failure of said prime contractor to present such evidence or such ·war to furnish to the commission such evidence, documents, or papers consent, the Secretary of War shall pay directly to said subcontractors p ertaining to transactions as to which notice of appeal bas been. fil.ed the amount found to be d:1e under said award; and in case of the in as the commission may request. The commission is authorized m Its solvency of any prime conh·actor the subcontractor of said prime con discretion to appoint an examiner in any region or district wh e ~ such tractor shall have a lien upon .the funds arising from said award prior region is within the United States where in its judgment the takmg of and superior to the lien of any general creditors of said prime contractor. additional testimony is necessary to the determination · of any ·case. " SEc. 7. That the Secretary of the Interior be, and hereby is, author Such examiner shall be a resident of the region or district for which he ized and directed to ascertain and determine the amount or amounts is appointed, and shall not have any interest, directly or indirectly, in of money heretofore invested or contracted to be invested and obliga any contract o.r transaction coming before him or receive any compen tions incurred by any and all persons and investors for producing or sation save and except such per diem compensation and expenses as for the purpose of producing or preparing for producing, withiri the shall be fixed by the commission. Whenever the commission shall United States, to supply the urgent, published, and evident needs of the refer to any such examiner any claim presented hereunder, the exam Nation during the ws.r, any ores, metals, minerals or mineral sub iner shall proceed, under the direction of the commission, to bear the stances mentioned and enumerated in an act of Congress approved parties, take the proofs, and return the same to the commission with October 5, 1!)18 (Public, No. 220), entitled "An act to provide further his recommendations thereon as promptly as possible: Provided, That for the nuticir:al security and defense by encouraging the production, in no case shall any award either by the Secretary of War, the com conserving the supply, and controlling the distribution of those ores, mission, or the Court of Claims include prospective or possible profits metals, and minerals which have formerly been largely imported, or of on any part of the contract beyond the goods and supplies delivered to which there is or may be of an inadequate supply " ; the production of and accepted by the United Sta tes and a remuneration, which may which by any claimant or claimants was requested, or demanded, by include a reasonable profit, for expenditures and obligations or lia personal solicitation of, or personal inducement to, such claimant or bill ties necessarily incurred in performing or preparing to perform claimants made by the War Industries Board, the Shipping Board, or said contract or order : p,·ov ided further, That the foregoing proviso the Department of the Interior. . shall not apply to any contract executed in compliance with all "And that said Secretary ascertain, determine, adjust, liquidate, and statutory requirements. , out of the moneys provided and appropriated by said act pay to the "SEC. 3. That nothing in this act contained shall be held to validate parties entitled thereto the amount of -;uch losses and damages as he. any such contract unless the officer who was at the time of the making the said Secretary, shall find and determine have been sustained and of such contract the chief of tbe division or bureau, as the case may suffered or are likely to be sustained and sutl'ered, by reason of having be, in which said contract was negotiated, or in the event that such made such investments for said purposes or having produced surplus officer was not responsible for the making of such contract, then the stocks of such materials; and that in each case .he shall make such officer in such division or bureau who was so responsible, together determination, provision, settlement, advancement, or final payment, with the officer who signed said contract, shall each severally make nnd by agreement with owners and claimants make such other ad and subscribe to an affidavit in writing, giving the definite terms of justment, or take such other action as he shall find and determine to such contract, the name or names within his knowledge, of any such be just, equitable, reasonable, and expedient; and that he make such officer or officers who took part in the negotiation or making of the provisions as he may deem necessary, advisable, and reasonable to same, and stating whether or not within his knowledge any officer prevent further losses pending final decision, settlement, and disposi aiding in such making was interested, directly or indirectly, in said tion in anv case or cases; that the payments herein authorized be contract, and in addition subscribing to an oath to be appended to said made to the claimant or claimants the said Secretary shall find to be affidavit in substantially the following form and tenor: morally, equitably, :md justly entitled thereto; that in ascertaining "'I, ---, chief of the division or bureau (naming it) in which and determining the losses and damages sustained or. to be sustained. the contract hereinbefore mentioned was negotiated, at the time of and the adjustments settlements, payments, and proVIsion to be made negotiation thereof, and the officer in the division or bureau (naming the said Secretary shall consider the prices and conditions existing at it) responsible for the making of the contract hereinbefore mentioned, the time of each investment and the prices and conditions existing and I, ---, the officer who actually signed said contract, do hereby . prior to the war, a:J well as those existing at the time of such deter each severally swear that I am not and was not at the time of thP. mination, adjustment, and settlement, together with all of the circum making of said contract directly or indirectly interested in said con stances and conditions of each case; that the final determination, deci tract.' sion, provision, disposition, and action of said Secretary in each case " That in respect to any such contract as to which any one of said shall be conclusive and finol; that all payments shall be made and all officers can not take the foregoing oath, or after dlllgent search or expenses incurred by the Secretary paid from the funds and appro inquiry by the contractor cau not be found, or is at the time actually priations providEd and appropriated by said act of October 5, 1918 engaged in foreign service, or refuses to take said oath, then upon such (Public, No. 220), and that said funds and appropriations shall con facts and the fact required in the oath of such officer, appearing by tinue to be available for !Oaid :purposes until such time as the said an affidavit of the contractor, or of one of its partners, chief officers, Secretary shall haTe fully exercised the authority hereby granted and or chief agents acting In its behalf, the Secretary of War shall promptly performed and completed the duties hereby provided and imposed : report such contract to the War Contracts Appeals Commlssion and Provided, however, That said Secretary shall consider, approve, and furnish to said commission such evidence, documents, and papers dispose ot only such claims as shall be made hereunder and filed pertaining to the transaction as may be within his control, and such with the DeDartment of the Interior within three months from and commission may request, and original jurisdiction is hereby vested in, after the approval of this act. said commission to hear and determine said claim with the powers and "That a report of all operations under this section, including receipts upon the procedure hereinbefore described in this act. Said commission and disbursellients, shall bP. made to Congress on or before the first shall make its award or finding . thereon, and deny said claim or grant Monday in December of each year. it in whole or in part, according to the justice and equity thereof, and "That nothing in this section shall be construed to confer jurisdiction the award or finding shall have the same force and effect, and create upon any court to entertain a suit against the United States." the same rights as if made under the provisions of section 3 of this act. And it shall be the further duty of said commission in hearing, investi- · Mr. HOWARD. 1\fr. Speaker, I ask unanimous consent, for gating, and determining such claim to find and determine whether any the purpose of simplifying this situation, to withdraw my mo- 2760 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 5,- I . tion that ·I previously made, and at the proper time the chair- Mr. DENT. I do not think so. I think that is one among ' · 1 man of the Committee on Military Affairs will make a motion, many various clauses in it that are improper, ancl I do not be· Iand I will. then ask the Chair to re~ognize me to make a motion lieve in that sort of thing. It is a strange thing in legislation to instruct the conferees on the particular section of the to provide that an obligation be recognized because of some per~ l amendment, section 7, which will very greatly simplify the sonal solicitation. What does "personal soli'citation,. mean? 'situation. Can anybody define it? Can anybody construe it? Does any The SPEAKER. The gentleman from Georgia asks leave body know what in law the words "personal solicitation " to withdraw his motion . mean? Is that language used in any statute in any State of ., Mr. MANN. The gentleman has the fight to withdraw it. the Union or by Congress at any time or anywhere? :, Mr. HOWARD. I will withdraw my motion. Mr. DENISON. I want the gentleman to explain to the House, I, The SPEAKER. The gf!ntleman withdraws it. if be will, why he objects to settling claims that a.re ·merelY. ,. Mr. DENT. Mr. Speaker, I move that the House further moral obligations growing out of transactions with the Depart: · tnsliit on its disagreement to the Senate amendment. · ment of the Interior, and yet is willing to settle moral claims 1 Mr. CANNON. Mr. Speaker, we can not hear. I suggest growing out of transactions with the Secretary of War? I to the gentleman from Alabama that be come down in front. want him to explain the distinction. 1 Mr. DENT. Mr. Speaker, I move that the House further Mr. DENT. I will explain to the gentleman. I am glad he insist on its disagreement to the Senate amendment, and agree asked me that question, because I am coming to that. I have 1 :to the further conference asked for by the Senate. no objection~! course it would not make any difference whether t The SPEAKER. The gentleman moves that the House fur we objected or not-but personally the conferees have no objec ther insist on its disagreement to the Senate amendment and tion to being instructed. We would be glad to be relieved of that agree to the conference asked for by the Senate. responsibility. I stated to the conferees of the Senate that I was Mr. DOWELL. Mr. Speaker, I want to inquire of the chair- willing to state on the.fl.oor of the House that if this bill was 1 man of the committee to what part of it the gentleman desires sent back to conference I would agree to a separate section to disagree? · giving the Secretary of the Interior the right to adjust, that I recently made, that all these things ought to be in their Government's call have not received a penny4 and yet gen vestigated by a committee. tlemen are willing now, after they have done their part and Mr. CRISP. Will the gentleman yield? done it nobly and patriotically, to say to these men, "You can Mr. DENT. Yes. be dragged into a bankruptcy court; you can forfeit the savings 1\lr. CRISP. Can the gentleman inform the House as to the of a lifetime, and your Government will permit you to suffer." total amount of claims involved in this amendment? That is the situation, and you appropriated $50,000,000 for this Mr. DENT. I can only say to the House that a representa very purpose in the minerals bill, and at the very maximum, ti>e of the Department of the· Interior appeared before the con paying all of these claims under the provisions of this amend ferees anu stated that the total sum involved would be some ment, will not exceed $8,000,000. They are just. There is no where from four and a half .million dollars to eight million dol looseness about it. There are limitations and restr!dions put lars, but the number of claimants he did not give us. upon the powers of the Secretary of the Interior that arnply 1\lr. GORDON. Will the gentleman yield? · protect the Government against fraud, and against those who Mr. DENT. I will. did not enter into these undertakings in good faith, and I ask 1\fr. GORDON. The representative of the Interior Depart the gentlemen in the House to give these men who responded ment diu not claim that any of these contracts had been made to their country's call in time of great peril justice and relief, under this law? and see to it that these claims are paid promptly and expedi Mr. DEN'l'. He said some had been made. tiously. [Applause.] Mr. GORDON. By whom? Mr. DENT. Mr. Speaker, I have had so many requests for 1\fr. DENT. The Secretary of the Interior. time that I ask unanimous coll8ent that the time that I have at Mr. GORDON. My understanding was that the Secretary of my disposal be extended for one-half hour. the Interior did not get a copy of the bill until after the The SP~R. The gentleman from Alabama asks unani armistice was signed. mous consent to have his time extended half an hour. Is there Mr. DENT. Oh, no. objection? Mr. GORDON. I am talking about the war mineral bill. There was no objection. Mr. DENT. The commissioners were not actually appointed Mr. DENT. Mr. Speaker, I yield five minutes to the gentle until after the armistice. man from Oklahoma [~1r. IPERRIS]. Mr. KINCHELOE. Will the gentleman yield? Mr. FERRIS. Mr. Speaker, I do not bla'me the gentleman Mr. DENT. Yes. from Alabama [Mr. DENT] for opposing legislation outside of Mr. KINCHELOE. I am asking for information. There is and beyond the jurisdiction of his committee, added on by the no doubt that the War Industries Board and the Fuel Admin Senate, but there are some-things that go on in this House that istration ull requested the coal people to go on and make in make even that course sometimes necessary. It is absolutely vestments for the output of coal, and a lot of fellows were impossible for anyone to collect 5 cents by way of a claim bill exempted to go into the mines instead of fighting. The ques against the Government of the United States, and the House is tion I want to ask is, If a man did develop a coal mine at the largely to blame for it. We have a day for consideration of request of the War Industries Board, got his hole in the private claim bills on the Private Calendar about once ever·y ground and his tipple up about the time the armistice was four years, usually considered at a night session, when unobjected signed, could he not come in under the provisions of section 7? claims only are taken up, usually with only about half a dozen 1\.Ir. DENT. I think so. Members present, when anyone can make the point of no quorum Mr. WINGO. No; coal was not included in the rare-minerals and break up the proceedings and all claims fail. This is bill. If the gentleman will read the bill, he will see that coal exactly what happens. was not included. Whether wisely or unwisely, on October 5, about one month l\Ir. DENT. Now, Mr. Speaker, I reserve the balance of my before the armistice was signed we passed this bill, and I want time and yield five minutes to the gentleman from Georgia to read two short paragraphs of it. It is in point. It is the [Mr. HowARD]. thing on which this section 7 is based : Mr. HOWAHD. l\fr. Speaker and gentlemen of the House, SEC. 2. That the President is authorized from time to time to pur here is the situation in a nutshell. I will ask not to be inter chase such necessaries and to enter into, to accept, to transfer, and t() ussign contracts for the production or purchase of same, to provide rupted, because I have only five minutes. There was a great storage facilities for and store the same, to provide or improve trans shortage in this country of pyrites, chrome, and manganese. portation facilities, and to use, distribute, or allocate said necessaries, to or to sell the same at reasonable prices, but such sales made uuring the Pyrites was wanted make sulphuric acid for ammunition; war shall not be at a price less thai! the purchase or cost of production chrome was wanted to harden the gun metal, and so was man thereof. · ganese. The lining of all the guns was of chrome steel, to That gave the President power to take a man's property away mnke it efficient and durable. The Secretary of the Interior from him and to do whatever he wished with it. But we did not himself puts the stamp of his approval on this bill; he has stop there. Section 4 penalizes the man if he does not submit practically dotted every "i" and crossed every "t," and we to this performance. That section reads as follows: have 1ed these men up to the very brink of bankruptcy by in SEc. 4. That any r..erson who shall neglect or refuse to comply with ducing them to go into the production of these war minerals, any order or requisition made by the President pursuant to the pro· going to the banks and borrowing large sums of money to in visions of this act, or who shall obstruct or attempt to obstruct thn crease the output These gentlemen up to this very minute enforcement of or the compliance with any such requisition or order, or who shall violate any of the provisions of this act, or any rule or have not received one single penny. The gentleman from Ala regulation adopted hereunder, shall, upon conviction, be fined not bama says that there is no germaneness between this amend exceeding $5,000, or be imprisoned for not more than two years, or ment and the former war-contract bill that we passed. He both. takes the position that the Government of the United States Everyone 1..-nows that the President had nothing to do with it, should not recognize the moral obligations on the part of the but these several boards were given power to and did order men high officials of tWs Government. in before them, and said, " You come in here and turn over 'Vby, the man 'vho stopped long enough to consider, to put his your business or I shall take it away from you by force and run fingers to his forehead to get his mental equilibrium, to deter it by the Government." mine where this or that thing 'vould lead him, was denounced Mr. CARTER of Oklahoma. Mr. Speaker, will the gentleman as unpatriotic and a slacker. He "·as tol :Mr. FERRIS. In a moment. First we authorize that a man's is the point. The difference between that class of claims aml bu 'iness shall be taken away from him by a viet armis proceed those embraced in section 7 is that no conh·acts were e-ver made ing, and, second, "'e propose to fine him $5,000 if he does not will with these mine· owners by the Government, neither could have ingly submit to it, and now it is proposed that we shall not pay been made, for ·congress had not authorized them. If the Sec him anything for it if he does it. I do not say that this is the retary of the Interior had wanted to make a contract with one place to put this on; it may not be a good place to add legisla of these fellows he could not have done so, because he was not tion to this bill; but what I do say is that during war times, authorized by law to do it. Consequently not one single one J1aving by force of arms taken a man's property away from of these claims mentioned in section 7 rests upon a legal founda him and penalized him when he did not turn it over, then after tion, but if they exist at all they must rest wholly on moral wards we ought to pay him for it. [Applause.] We at least gl'ounds, and the fellows who are pressing these claims recog .ought to give him a chance to be heard. This does that and no nize that fact to be true. Why, bless your soul, as soon as this more. Secretary Lane will protect it. war-validating-claim bill was introduced in this House these. It has been current conversation around where I have been mine owners made a grand rush upon the Capitol that would do sitting that this bill did not pass until after the armistice was credit to any football team in existence and landed down here ·. signed. That is not true. The biJl was signed October 5, one in the conference room of the Bureau of Mines. Not knowing month before the armistice. Some one may say that we knew exactly what they wanted they proceeded to organize them the war was ending. We did not know the war was ending. selves into a convention, and after proceeding while they, 1\Ve do not know that it is ended now, and judging from some finally concluded, as one of them expressed it, that since other of the performances that have been taking place around the people are being taken care of by the Government he could not Capitol the last few days it does not seem to be at an end. see why they should not '' get theirs "-that their claims were 1\lr. SlL~DERS of Indiana. 1\fr. Speaker, will the gentleman moral and the Government ought to acknowledge a moral obli yfeld? gation as well as a legal one. That is all there is to it. Now, Mr. FERRIS. Yes. it may ·be that there are certain circumstances surrounding Mr. SANDERS of Indiana. Does the gentleman know of a some of these particular claims that would warrant· the Gov single instance where the property of these miners or mine oper ernment in paying them, but, gentlemen, we ought to safeguard ators was taken by the United States Government? that. If you are going to recognize so-called moral claims that Mr. FERRIS. Oh, I have a brief on my desk that it would have no foundation in law, then where are you going to stop? take all day to read showing what the proceeding was. Mr. DENISON. Will the gentleman yield? Mr. CARTER of Oklahoma. What minerals did the act of Mr. HAMLIN.· For just a question. .October 5 apply to? Mr. DENISON. Of com·se, the gentleman knows there are a Mr. FERRIS. The recital of them includes a whole para great many of these war contracts that have no foundation of graph, which I shall insert at this point: law at all, but are merely moral obligations? Be it enacteil, etc., That by reason of the existence of a state of war1 l\Ir. HAMLIN. No; I do .not know that. 1t is essential to the national security and defense, and to the successfUl Mr. DENISON. The gentleman is not informed about the 'prosecution of the war, and for the support and maintenance of the •Army and Navy, to provide for an adequate and increased supply, to bill. ~ facllltate the production, and to :provide for an equitable, economical, and Mr. HAMLIN. I am informed about the bill and every single better distribution of the followmg-named mlneral substances and ores, one of the claims embraced-if I had time I could read here minerals, intermediate metallurgical products, metalsballoys, and chem ' fcal compounds thereof, to wit 1 Antimony, arsenic, all clay, bismuth, are founded upon a contract. Here is the law in regard to tha , bromine, cerium, chalk, chromium, cobalt, corundum, emery, fluor- contract-validating bill: spar ferroslllcon, fullers' earth, graphite, grinding pebbles, iddium, That whenever during the war e~ergency and prior to November 12, kaoiln, magnesite, manganese, mercury, mica, molybdenum, osmium, 1918, any individual, firm, company, corporation, or foreign govern sodium, platinum, palladium1 paper clay, phosphorus, potassium, pyrites, ment has made an agreement with the Secretary of War, or with :my, rradium, sulphur, thorium, trn, titanium, tungsten, uranium, vanadiu.tn, officer or agent act!ng under h1s authority, or with any agency of the and zirconium, as the President may, from time to time, determine to be Government authorized to procure !or the War Department, for the necessary for the purposes aforesaid, and as to which there is at the production, manufacture, sale, acquisition, or control of equipment, · . time of such determination, a present or prospective inadequacy of materials, or supplies, or for services, or !or facilities, or other pur J>Upply. poses connected with the prosecution of the war, and such agreement was reduced to the form of a contract or accepted procurement order i 'They are rare minerals needed for the linings of cannons, and executed or signed on behalf of the Government, but the agreement and in connection with munition plants, and this bill gave the did not comply with statutory requirements, in every such case the .Government plenary power to order a man in and take his prop- Secretary of War is authorized and directed to waive, on behalf of the 1:erty away from him whether he would or not. Section 4 pro Government, such noncompliance. \;vided a fine and imprisonment if he did not submit, and now Mr. CANNON. Right there, will the gentleman yield for a :u is proposed that we shall refuse to pay him for what we have question? 'taken and refuse to give him any tribunal to which he may Mr. HAMLIN. · Certainly. 'appeal. It is not a square deal; it only affects the small men- 1\fr. CANNON. That requires a contract. ~ the small miners. They can not afford to wait always for their Mr. HAMLIN. Absolutely. pay. They can not afford to go into the courts and litigate this :1\!r. CANNON. Now, then-- \ case; it is too m.'llch to expect; it is only common honesty; only Mr. HAMLIN. And no one questions the right upon the part I common justice. We can not afford to do less. They served 'us of the Secretary of War to make such contracts. /.well in this war. Let us so treat them that they would serve Mr. CANNON. Now, then, am I right in the understanding us again if emergency arose. that if this bill goes to conference again, that after section 7 f Senate amendment, that you will write into it authority for the 1 Mr. DENT. Mr. Speaker, I yleld file minutes to the gentle man from Missouri [Mr. HA.M:r.IN]. Interior Department exactly as we did for the other? : Mr. HAMLIN. Mr. Speaker, the other day, when this bill Mr. HAMLIN. I am not on the conference committee and was sought to be sent to conference, I insisted that the conferees can not answer that question. ' ought to give assurance to the House that this amendment of Mr. CANNON. Are there no original contracts? :the Senate, known as section. 7, should not be agreed to in Mr. HAMLIN. There is not. conference without first giving the House an opportunity to Mr. OANNON. I know how I am going to vote. 1know something about it. I did not at that time say, and do Mr. HAMLIN. Here is a brief filed by these people who haye no now say, that all these proposed claims are without merit; these claims. · :that the Government iS not under a moral obligation to make The SPEAKER. The time of the gentleman has expired. Icompensation in certain cases; but I did say that we ought not Mr. HAMLIN. I would like to have about five minutes more. :to establish a precedent in this House of subjecting $50,000,000 Mr. DENT. I am sorry, but I can not yield to the gentleman: . to the payment of claims, the validity of which the House had Mr. HAMLIN. Mr. Speaker, I ask unanimous consent that :never for one moment considered one way or the other. Now, the time may be extended five minutes and I may have that time. :the trouble of the matter is that there is a wrong impr~ssion, The SPEAKER. Is there objection to the request of the gen ·in my judgment, in the House as to the character of claims tleman from Missouri? [After a pause.] The Chair hears none. !.which would come under section 7, as compared with those in Mr. HARDY. Will the gentleman yield for just one question? the other portion of the bill. Mr. HAMLIN. I have here now-the gentleman from Georgia I There is not a single proposition included in what is known talks about the War Industries Board, the Interior Department, : as the ar-validating contract portion of this bill, and which the Bureau of Mines, the Geological Survey, and so forth, in ! bill was carefully considered by the House, that does not rest sisting· and demanding-and my friend from Oklahoma expa I upon a contract of some kind, either a perfected contract under tiated along the same lines-that these people produce.d these the law or a contract informally made by some one who had minerals on the request of somebody connected with the Gov 1· authority to make a formal and valid contract. But the Sec ernment, and therefore there is a contract. The gentlemen t retary of War is not authorized to compromise and settle a overlook the fact that no one connected with the Government single claim that does not rest upon some such contrac4 That had any right to make a contract. Now, let us see. They have • • r J 'J ' - - 1919. CONGRESSIONAL RECORD-HOUSE. 2763 set out here in a brief, which I take for granted is the strongest rider on this bill without giving it any considera-tion. [Ap evidence they have on that point, anu the first thing set out is plause.] an advertisement by the Calffornia: Chrome Co. insisting that Mr. FIELDS. Mr. Speaker, I yield fi:ve minutes to the gen all the chrome producers produce nll they can because the Gov tleman from In-dfa:na [Mr. SANDERS]. ernment needs all the chrome; then next a bulletin from the l\lr. SANDERS of Indiana. Mr. Speaker, like the gentleman Geological Smvey says this: from Missomi, ram a member of the Committee on Mines and Unfortunatety for the United States, the pr~sent domestic supply of M1ning. The chairma-n of that committee introduced n bill in ·e:bromite is scarcely one-fourth of the- quantity needrd f'{)r war and this House whicl\ bad practically verbatim the provisions of the dOID('StiC USes • • • amendment covered by section 7. That bill was introduced for At !>resent we are- facing a deficit in the supply of cbromite and we should spare no efl:'ort to incrrase the outnut in this country as. well as the purpose of relieving the per ons who had become operators that of adjaeent countries. in war minerals. We had no hearings on that bill, bnt it was Now, that is the stntement made by the department; not prom taken and put on as an amendment to this bill. ising to take care of them in any sense of the word, but asking I think the House ought to become aware of the fact th:lt it th-em to redouble their efforts as patriotic men to produce over is proposed here by an amendment to auth6rize the use to the that which they had been producing in small quantities. extent of $50,000,000 of money already ·appropriated by this The Du Pont Powder Co. tendered to the Secretary of the In Congress. I was interested in the passage of what is known as terior their advertising space in the magazines· of the country-, the war-minerals bill, and th-e gentleman from Oklahoma [MI~. and lie made an announcement of the pressing needs of the FERRis] seemed to think there was something in the provisions country fol' those minera.lst just as the Food Administration of that bill that justified this proposed amendment. There is and the President and everybody else were insisting that the nothing in that bill wlrlch j11Sti::fies it. That bill simply au farmers of- this country plant more acreage, grow more wheat, thorized the Presi-de-nt of the United States to go out and ptn·· more corn, raise more Ilogs and more cattle, because they said chase these war minerals. It authorized the President of the that "food would win tile war.'' Does any man in. this House United States; if there was an idle.mine, and a mine tlutt was belie"'e that in doing that they were placing this Government not operating su:fficiently,. to go out and take it over ; but there under obligations to compensate these farmers for any loss they was nothing in that bill to authorize any man under· any of might sustain in case the war should end? · the provisions of this amen.dment to make a claim against the . l\Ir. HOWARD. They did it to the extent of $1~.000,000. United States Government. l\Ir. IIAl\fLIN. They never paid them a cent nor made a con I do not claim that there may not be some men wh-o engaged tract until Congress had given them the authority to do so. in the production of these war minerals who ha.-ve a. just claim That is exactly what we had not done in this case. against the United States Government, but it seems clear to I1li! , 1\lrr WINGO. Will the gentleman yicld? that the Congress of the United States would be very unwise, · Mr. HAl\fLIN. Yes. with-out the consideration by any committee (][the House and · lllr. \VINGO. The gentleman talks about newspaper advertis without the consideration by the Committee of the Whole, to Ing being the basis of this.. Does the gentleman thlnk the news enact this legislation which authorizes a part of the executive paper advertising bas .come within this limitatio~ of law whlch department to pass upon claims without any law to guide him~ says the claim shall he limited to where there was personal de without any rule to guide him, but simply upon the supposed mand on the part of certain agencies of the Government? ~ proposition that there is a moral obligation. . Mr. HAMLIN. I am contending, that the only pretens.e they I assert that there is- not a Member of Congress who has con bave for any kind of claim upon the Government are· tbe things sidered this measure or who knows anything about the measure, they set out here themselves in the advertis.ements to- the effect that could rise. in his seat now and tell us of a specific instance that the country would need this materiaL of a mine operator who has so invested his money a;:J to have a 1\.fr~ WINGO. Does the gentleman state that wa.s the only just and valid claim against the United States Government. thlng1 Mr. RAKER. Mr-. Speaker, win the gentleman yield? Mr. HAMLIN. I want to say-- Mr. SANDERS of Indiana. Certainly. 1 Mr. WINGO. Does the gentleman say there were no personal Mr. RAKER. Is it not a faet that the Committee on Mines letters? and Mining reported out section 7 to the Semite regularly and Mr. HAMLIN. I want to say to my friend from Arkansas, then simply placed it on this bill so as to insure its passage-? who is a good lawyer, that he knows if they could prove that M.r; SANDERS of In-diana. I do not know what steps· were the War Industries Board, the Bureau of Mines, or the Geologi taken to-insure its passage. cal Survey. or any other agency ot the Government promised Mr. RAKER. Now, one other· question. these people absolutely to indemnify them against any loss that 1\!r. SANDERS of Indiana. I understand that there have that promise would not be, worth the snap o! your finger,. be been no hearings on this blll. cause they had no authority to make it. Consequently if your Mr. RAKER. Is it not a further fact that the ColllDlittee claim has any foundation whatever,. it must be wholly upon on Mines and Mining of the House sort of tentatively had an moral grounds. understanding that that committee would not diSJ;lOse of the . 1\Ir. WINGO. I have not been talking abouf that~ matter, bnt would let the Senate dispose of the matter in such ; Mr. HAMLIN. The gentleman refer's to that. manner as they- saw .fit? M1·. WINGO. I am trying to get the. gentleman away from Mr. SANDERS o.t- Indiana. Not to my knowledge. Now, I sometbing that we all agl'ee on to discuss something that is in can not yield further. I have only five minutes. issue. Mr. RAKER. All right. . 1\Ir. HA1\1LIN. I can not yield flllY further. Mr. SANDERS o-f Indiana. We have already been furnished The thing resolved itSelf into this- one proposition, that there with a brief on this subJect. That brief was furnished by the 1s no basis in Jaw for these claims- ·at all.. none whatever, no men who sujfered these great losses, and I certainly sympa contract made, and none could have. bee-n made. And the differ thize with them very deeply t and I hope there will be some - ence between thls character of claims and those embraced in rem{'dy found for them. But that brief bases their claim the b-alance of this bill is as great as night is fi'om da}l". And, largely on the fact that the executive departments ot this Gov as the gentleman. :fl'om Alabama says, this character of cl:aims ernment violrrted a tacit agreement with them-with these ore bas no more b.u ine on this bill than a wart has· on the nose producers-by permitting i111110rts to come into- the United of a pri.m.'l donna. States. . Mr. GARRETT of Texas. Will the gentleman yield? Now, I would like to know if that would form the basis of a ! 1\Ie. HAMLIN. I will. moral obligation on the part of th-e United States 1 There is a Mr. GARRETT of Texas. I want to ask the gentleman if provisi-on in the war mi.neral bill to the effect tllftt the Presi there is any reason, if these gentlemen have any sort of claim, dent of the United States has the right to put on a tariff to why they should be put on a. different basis th-an these others protect these men. He did not do it. I would like to know i1 that bave claims? that is an instance of a violation o:f a moral obligation. 1\.lr. HAMLIN. I will say to ruy fdend from Texas let them The SPEAKER pro tempore. - The time of the gentleman do wbat the people under the balance of this bill did. Let from Indiana has expired. them h-ave a bill introduced and let it go to the committee hav 1\Ir. FIELDS. M.t·. Speaker, 1 yield five minutes to the gen ing jurisdiction of the matter and let that committee investi tleman from Ohio [Mr. GoRDON]. gate it, and hold henrings, and let the House consider it as it The SPEAKER pro tempore. The gentleman from Ohio- is con iders ordinary measures. Let the Senate consider it as it recognized for five minutes. considers ordinary measures. And then, if the Congress of the Mr. GORDON. 1\'Ir. Speaker, I was trying to find in this btiet United States wants to thro open-wide tne door of"i:Im Treas=- of these- elaim::mbra statement wbielrl am certain fuat · I ' ret~d • - · :. ury to claims not based upon law~ of com'Se.;. then it will be all in it, in wWch they ~-pre ·Iy disclaimW.' having any contract right to let the money be paid; but do not let us tack it as a with tlle Government. They disclaimed having invested a .... 2764 CQNGR . ESSIO_~AL· RECOR.D-HOUSE. FEBRU~Y ~ 5, dollar upon the faith of any statement of any official author of the President to commit this Go-vernment. The President ized to act or speak in the premises. must first find that t11ere is a shortage of these minerals. . . That is the real objection to this bill. Now, with sobs and l'ifr. STEAGALL. Will the gentleman yield for a moment tears, the gentleman from Oklahoma [:rtlr. FERRIS] read the on that point? provisions of this mining bin, and he read the provislons show 1\fr. GORDON. Yes. ing that it authorized the President to do a great many things. 1\lr. STEAGALL. This bill 1 who is sent for by a department official would have any 'Yay of contract can be enforced in the courts or not. Now, these are knowing whether that official was authorized or not? contracts that could not be paid under existing law. Mr. GORDON. Oh, you can not take the authorization of Mr. KAHN. If the gentleman will permit, that is' only one every Tom, Dick, or Harry. This mining bill does not permit of the kinds of contracts contemplated by the bill that is in 1' that. You can not do that. · conference. The case that the gentleman trom Missouri names · Mr. HARDY. Is the head. of this uepartment one that could is only one phase of it. There are three other phases of it. be called a Tom, Dick, or Harry? Mr. FOSTER. Here are a lot of men who were induced. to Mr. GORDON. These d.ollar-a-year men go around and say speed up and do work in order to secure the war minerals that to people, "Get busy and help win the war." Do you say that were necessary in prosecuting'this war. tyou can base a claim against the Government on the mere Mr. SANDERS of Indiana. Will the.gentleman yield? ,.unauthorized statement of one of these officials or dollar-a-year 1\fr. FOSTER. No; I can not yield. I have only five minutes. men? ' · · I will yield later if I get more time. Men were asked to come Mr. HARDY. Nobody bas sai the contracts of these men who were urgeu by the· Go\ernment to specific figures the exact measure of damages that he holds to go out and produce these war materials. It is true that the against the Government, there being no contract? bill which passed the House early in May went to the Senate Mr. OLDFIELD. I assume that the Secretary of the Interior and remained there until October before it came back, and was will adjust that matter, just as the Secretary of War is going agreed to and finally signed on the 5th dlty of October. Before to adjust those matters. it wns turned over to the Secretary of the Interior to administer Mr. GREE~TE of Vermont. But these matters are matters of it was too late to do anything with it. The Secretary, wisely incomplete contracts; they have had a beginning, or they are in my judgment, refused to administer that law until further proceeding under an old one. action was taken by Congress. Now, can we not trust Secre Mr. OLDFIELD. The Secretary of the Interior knows that tary Lane under tills bill not to permit payment of illegal con be can : The question 'Tas taken, and the motion :was agreed- to. ANSWERED " PRESENT "-4. I Mr~ 1\LANN. l\1r Speaker, is ·-it now, in o:rder· to instruct the Cannon Em.ersoa. Fields Reatis conferees·? NOT VOTING-128. The SPEAKER It is.- Anderson Flynn Lesher Sabatb.: . Mr. HOWARD. Mr. Speaker, I move that the House·instruct· Bankhead Fordney Lever Sanders,. La. Barnhart Francis ft Lint:Qicum .· SChaU the conferees .on the ·part of the House: ta agree- to section 7 ·pf Booher Gallivan LitHepage Scully the Senate amendment. . Borland Gandy Lundeen . ' Sears · The SPEAKER. The gentleman.ft·om Georgia moves that the· Bowers · GaGillreretttt, Tenn. McAndrews. i Sherley House instruct the House conferees to agree to section· 7 of the Britten ../ McKinley Siegel Senate amendment. Brumbaugh J Godwin, N.C. McLaughlin, Mich;S.I:ms · , BCaylrdnwesl:.s: C. Goodall . 1 McLaughlin, Pa., Slnyde.n· l\:1r. ·KAHN.. A •parliamentary· inqlJ.iry,· Mr. Speaker.· eu_ Graham, Pa. .,..., Madden Smith, C. B. The SPEAKER. The gentleman. will state it. Candler, Miss; Gray, N.J. ;:;tl Mason •:l Smith, T -F. Cantrill ' Greg~ :1! Mondell Steenerson Mr. KAHN. If that is ndopted, would it ·bind the· confel·ees, Carew· Ham1ll Nelson, J. M. Stephens,-Nebr. to the express language'Of section-·7 as... it now stands? Cary Hamilton, Mich. Nichols, Mich. Sullivan Chandler, N. Y; Hamilton, N.Y. Nolan Swift Tbe SPEAKER. Of course it does. . They are ·instructed· to Chandler, Okla; Harrison, Miss. Norton Switzer agree: to section 7 of the Senate, amendment. They. can not Clark, Fla. Haugen Oliver, N.Y. •· Taylor, Ark.. juggle around and bring in something: equivalent. Copley • Heaton .. l•\'f.t.. O'Shaunessy , Templeton, The question was taken; .and on a division (demanded by Mr. Costello Heintz · ~ ~ 1 Overmyer. ' Thomas Cox Helm i Paige . Thompson• ST.AJfFORD) there were 56 ayes and 102 noes, Crosser. Helveri.ng· : · Park . · :Van Dyke l\fr. CURRY. of California. Mr. Speaker, I make the point Davey Hilliard Pou:: Vare . that no quorum is .present.. Delaney . Houston Pratt Waldow ' Donovan Hutchinson , Price Walker .~ 'l'he SPEAKER. The .gentlemarr from California makes the. Dooling, .Tacoway Rainey,·H. T. Wason point of no quorum, ap.d ·evidently there is no quorum present. Doughton· Johnson, S. Dnk. Rainey, J. W~ White, Ohio The Doorkeeper will close the· doors, the Sergeant:at Arms.. will Drane Kehoe Riurdan Wilson, DI. Drukker Kennedy; Iowa Ro~rts Winslow notify the absentees, and the Clerk will call the·roll. Edl:noDds Kless, Pa. Rose - Wodds, Iowa. The question \\'as taken ; and there were-yeas 71, nays . 226;· Esch Kitchin . . Rowland· Wright Essen Kreider "'~!-·., Rubey Young, N. Dak. answered "present" 4,; not .voting 128,- as folloJVs ::_ . '\ Estopinal Lee,·Ga.. "' I.· Russen· Young, Tex. YEAS~71 ;:- So the motion-to instruct the· conferees was rejected·.: Austin Elsto 1 Keating. Rankin. Ayres F.vnns. Kettner Rogers· The result of the vote was announced as .above recorded. Ben· Farr Kinkaid Rowe The Clerk announced the· following ·additional pairs: - Henson Ferris La l•'ollette Sliouse Until further notice: ,--- :Bland, Va. Foster Langley Sinnott- R.rodbcck French Lea, Cal. Slemp, ~ Mr. BYRNES of South Carolina. with 1\lr. O.A.NNoN. Campbell, Pa. Glynn McArthur Sloan · Mr B.Al.~KHE~4J> with ~11·. CHANDLER' of Oklahoma. Caraway Goodwin;Ark. McKeown Smith, Idaho ~ ' Mr.- BOOHER ' with l\lr. HAMILTON of Michigan• . Church Hadley Mays Snyd~r S Classon: Hardy. Miller.. Wash. Mr. ca...~DLER of Mississippi with Mr. COPLEY. ColUer Hawley Moores, Ind. ~ni~iii colo.. J~} Mr. CLARK of Florida with l\fr. Em.ro~ DS. . Connelly, Kans. Hayden Neely " Timberlake l\fr': ESSEN. Cooper,rW, Va. llayes_ Oldiield Walton DAVEY with l\fr: Curry, Cal, Heflin Osborne Welling Mr. GoD,WIN of North Carolina ·with l\f1'. HEATON• Denison Hensley . Overstreet Welty , Mr. KITCHIN with Mr. Fon.n:r·•'EY. Doolittle Howar Mr. h-~TN. 1tfr. Speaker, re erving the right to object, that' come before the committees of the House seeking monstrous sort ot an arrangement always- cuts some one off at the last appropriations that would plant a soldier or sailor on every_ minute who has< been promised tim~ because various amounts American taxpa~~er's back· for u. thousand years to come. of time are wasted, and the- gentleman in charge of' time can The greatest military ~ Y tem eYer organized on the planet not tell" under that arrnngemcnt how much he may yield. I challenged modern civilization, an We could have nothing to fear from _England's imperial as- 1\fr. LITTLE. I will be glad to yield to the gentleman later. - sembly of steel-clad monsters. Within 24 hours of the sound The lion and the battleship depend upon their speed for their of the first gun our troops · would be far into Canada, and in safety. Shall the next .John Paul .Tones, when called upon to 10 days they would command every Province of the -Dominion ~unender, cry gallantly back, " Oh, I haven't begun to run yet.; of Canada and its Provinces would be forever States of the JUSt watch my smoke." Should Lawrence have murmured as Uniori from the time the treaty of peace should be made. he fell, -" Don't give up the ship as long as we can make ·15 England, Scotland, and Ireland could not go to war with a Re knots an hour "? Wba t would you think of the American public which has no distant pos essions of value upon which its Navy if history recorded that when the Const,itution met the existence depends as long as Britain's most charming daughter Guerriere Capt. Isaac Hull had signaled to the Britisher, " w ·e lives right at our door. For more than a hundred years these challenge you to a foot race. We can go 15 knots an hour, and two sisters of the Anglo-Saxon race haye liYed side by side fear you not "? Shall we discard all the splendid literature of in amity and concord, with no gun mounted upon_either fron seagoing warfare and strike battleship medals bearing the tierJ with no fortress located on either border, and witll no motto, " The bumblebee stepped on the elephant's toe and hm·t ai·med vessel on the Great Lakes between us. the poor thing so he scarcely ·could go; the elephant said with 'Vhen Dewey sailed into Manila and was tlu·eatened by tlle great tears 'in his eyes, 'You coward, you, why don't you take German admiral, it was the Britisher who notified the Kaiser's one of your size ' "? The mastery of the Roman Empire was representatiYe that he w·ould come to America's aid if needed. lost because l\fark Antony and Cleopatra could outsail Octavius Kitchener of Khartoum told me that when the British fleet Cresar. Can anyone imagine old Farragut figuring on which advanced to the bombardl)lent of Alexandria and the Stlppres ship should have tlle better pair of heels? The victory in sea sion of Arab massacre, the admiral ran up the signals warning battles in the futm·e, as in the past, will depend upon the y-alol·. the ships of other nations to witlldraw, as they all did, the the skill, and the equipment of him who stays to fight not upon last to go being nn American ship of war which skirted the· the speed of him that runs away. In every naval e~ntest the entire English fleet drawn up jn battle line, his flag signaling only value of speed is the power it gi-ves to circle and maneuver• . as he swept by; "I haxe a notion to go in with you anywa_y." The ancient hulk of Old b·onsidcs, as she lies in Boston Harbor~ ,Where is any man on this floor who will Yenture to even suggest would decline in contempt to remain side by side by these lub we need further arm against England, Scotland, Wales, Ire bers of the sea that flee from the wasp~ of the ocean, and land, Australia, South Africa, and Canada? Wby 'spend five would put to sea in the greatest storm that ever broke upon a hundred and twentv millions against them? There is no reason Yankee coast if the motto of our future $000,000,000 Navy is tendered, and yet ;,-e hear this eternal, hoarse cry for mearis to be, "We can outrun any submarine that eyer stuck its peri· .to slay those who haYe no intention to fight us. "Give, give, scope abo-ve the waves." said the h~n·seleech's daughter." This bi1l asks us to expend $1G,OOO,OOO in building 14 subma• - 'Vho are these men that come without rhyme or reason to rines, and to put $G20,000,000 into 39 battleships .and cruisers. make this demand upon the American Congress antl the Ameri For $G20,000,000 we could build GOO high-grade submarines. A can ta.~-payer ? What js ·their attitude towa.rd the men who dozen of_tl1em at each en 1\!editerrancan, into the harbor of Constantinople, arui hruiDted Every time a nation gets into erious trouble it will build and the dreams of sailors all o-rer the world. Gentlemen, if you are send to sea the best defense po ible, and you can not stop it. intending to appropriate that money, let us spend it in the full When a man is fighting for his life he will hit below the belt light of intelligent comprehension of modern civilized warfare or fight from any angle. This Banquo's ghost will never cease on tile element where John Paul Jones, Stephen Decatur, Oli-ver to rear its periscope, the lineal descendant of the sea serpent, Hazard Perry, and David Farragut floated our ftag in triumph and eye the distant horizon with glassy and menacing gaze. I and glory. If you are to spend this money, spend it in a prac wish that it were not so,· that all wars might cea e. tical way; put something afloat that can take care of itself and Would that some swee t bird from the south guard the seas. . Might build its nest in the cannon's mout h ; Tlll tbe only sound from its rusty thriJat l\1r . GORDON. Did the gentleman notice the dispatch from Were the wr en's or the bluebird's silver n.o te. Paris yesterday to the effect that the peace conference has out lawed the submarine and was going to stop their use for all Of all countries America could most easily profit by the sub purpo es? marine. It is hardly imaginable that any nation will again l\1r. LITTLE. Oh, yes; I saw that this was done by the ad violate the rules of war by sinking defenseless ships and women :vice of these naval experts who wanted the battleships. I know and children. But a ftock of submarines along our coasts would n Submarine is no place for a well-dressed man. These fellows make them free from the po sibility of attack. America has are all brave enough, but they like to fight in clean clothes, not less to gain and more to lose by their discontinuance than any down in some dirty semiclungeon in oily trousers a.nu bYJ.·easy other nation. blouses. Besides, the submarine is no place in which to hold a Before the last of tlJ.ese great ships is finished the first com recer tion. pleted will be rendered of no value by some more modern I 1\Ir. COOPER of Ohio. A few moments ago you state<.l the development. Who are thee men that demand our people' submarine controlled the sens-- money? Last week they insulled the sons of the taxpayers and • Mr. LITTLE. Wherever they go. ordered the Congress of the United States to venture no sugges t Mr. COOPER of Ohio. If that is the case, how do you tions to them. Who are they to pass upon the disposition of the , nccount for the United States moving 1.,000,000 troops to people's revenues and the laws that Congress shall enact? .Frauce? America went into the war to break down militarism forever, 1Ur. LITTLE. The gentleman from Ohio [Mr. LoNGWORTH] and who are these that would steal the stakes from the tnble explained it yesterday. The transports showed better pairs of when we have won? What actual, intelligent evidence have heels than the submarines and outran them. can you tell us of they tendered that' they have such knowledge as would warrant , any battleship that lingered behind the transports to :fight it us in following their suggestions? Do you think 4,000,000 . out with the submarines? They tell us now that there never American mothers sent 4,000,000 of their sons to the rendezvous · ,were more than 3a of these submarines in the Atlantic at one with death across the seas that some noncombatnnts here in lime. Why was it that the magnificent Navy of England Washington who never paused to consider whether this war could not be located through a third of the war1 The two big had changed the rulers of the ocean could squander $520,000,000 1leets never met, except by mistake, fought withont result, and of their fathers' hard~earned money on big steel coffins as 1 tlew for home, Germany sending out word that England was obsolete as the mummy of Rameses 1 .defeated, and we afterwards learned that England had won. Mr. WILLIAMS. Will the gentleman tell us what would luivo · .Mr. LAGUARDIA. If that was so, why did not the German been the result of the war if England had not had that fleet? neet leave its port and come out? Mr. LITTLE. The Germans would have bombarded the , Mr. LITTLE. Because the English fl.eet was big enough to English coast and sunk the transports unless the English, (lemollsh 1t eventually, because they lay in port and held the French, and Americans had covered their coast lines with mines Engllsh fleet ln port. and sent flocks of submarines to sea to run the Germans back to Mr. LAGUARDIA. And held them in. the Klel Canal as I now m·ge this Congress to spend what ~· Mr. LITrLE. Certainly~ The English fleet never saw. the money we do appropriate. They would have otherwise attacked coast of Germany du.rln.g the war. the English ports. • Mr. LAGUARDIA. But they dominated the North Sea. Mr. WILLIAMS. And won the war? j Mr. LITTLE. Oh, the submarines dominated the North Sea. Mr. LITTLE. This war was won at Cantigny. Chatenu . Mr. MILLER of Washington. If the Engllsh fleet ke.pt the Thierry, Verdun, and the Argonne, whe1·e American soldiers, German fleet within the German zon~ why do yon accuse the drilled- for three months often, by 90-day trained officers, dis. j:British fl.eet of cowardice? dained the trenches, left the big guns bellin. the valor of American soldiers :fighting according to the methods veniences. Nobody lives in these houses except a few wo1·kmen :Of American :fighters for a hundred and fifty years, and with who are :finishing some of the buildings. sufficient submarines to convoy them they would have been with It is stated that ~ey were built by the Emergency Fleet Cor out fear of any big ship's attack. poration. It was also stated that the intention was to fill in But, gentlemen of the House, did we destroy German mili around these houses, :fill the streets and pave them, and build tarism simply to transplant its theories to America? _Are we 15 miles of sidewalk. Also, that arrangements were being made to begin by adding $500,000,000 to · our debts when our Nation to build 800 more similar houses there. The location of Hilton has achieved the very pinnacle of victory and power? Let the is wholly unsuited for town purposes, the whole surrounding Paris conference agree to limit military expenditures and dis country being swampy. · continue these drains upon the prosperity of the nations. We Numerous large ditches are to be seen in this vicinity, buil£ entered this war, we said, to protect our sons, their homes, and for the purpose of draining this locality. It is said that the our taxpayers. Let us now begin to reap the fruits of victory. colored soldiers stationed in this vicinity did work in the con The American soldier fought for the perpetual insurance of the struction of these ditches. Between Hilton and the Government rights of man, and the substitution of the cross of Jesus Christ warehouse is found a malaria drainage ditch, said to be 14 feet for the crown of Julius Cresar, as the standard of civilization. deep, 21 feet wide at the top, and 4-! feet wide at the bottom. This Congre. s owes it to the record 1t wishes to leave on This is only one of many ditches constructed, or in the course the scrolls pf time, to the shades· of the mighty dead who of construction, in the territory between Newport News nnd founded and reared this great Republic and now hruig over the Morrison Schoolhouse. battlements of heaven to see their sacrifices bring the achieve OPEN-AIR STORAGE. ment of their highest hopes, to the gallant lads who risked About 1 mile out on the Virginia Avenue line in a low, swampy, their lives in arms, and to the fathers and mothers on whose place is located what is locally known as the Old Stevedore aching backs these billions will be borne for centuries to come, Camp, now a part of Camp Alexander. It is now being used to not be now entrapped in the meshes of the military system for open-air storage. Here· are found numerous abandoned they haTe destroyed, but to raise instead this standard of buildings, many of them approximately 20 by 133 feet in dimen civilization which marks forever the termination of the reign sions. They are low, one-story, rough, frame buildings, and of Julius Cresar and the beginning of the dominion of Jesus officers told me they cost in the neighborhood of $2,660 each. Christ. At this place nre stored in the open -air about ~00 caterpillar Nlr. BROWNING. Ur. Chairman, I yield 30 minutes to the tractors and 14 finished armored motor tanks, standard· 6-ton: gentleman from South Dakota [Mr. DILLON]. tank, model 1917, fully equipped with machine guns and ammu 1\'ir. DILLON. Mr. Chairman, I ask unanimous consent to nition. Officers informed me these armored tanks, complete, cost revise and extend my remarks in the RECoRD. $55,000 each. The CHAffil\fAN. The gentleman asks unanimous consent to 1\Ir. FESS. Mr. Chairman, will the gentleman yield there? · revise and extend his remarks in th~ REconot Is lliere objec 1\Ir. DILLON. Yes. ' tion? [After a pause.] The Chair hears none. · Mr. FESS. Do I understand they are in storage there? ' A YISIT TO THE IMPORTANT MILITARY C.BfPS J:-< THE YICINITY OF NEW lli. DILLON. Yes. Right in the mud; exposed to the rain PORT NEWS, VA. and the sunshine. · Mr. DILLON. l\lr. Chairman, on January 28 I made a trip 1\Ir. FESS. 'Vhat did they cost? to Newport News for the purpose of inspecting the military l\1r. DILLON. Fifty-five thousand dollars apiece. For each camps in that Yicinity. At the boat landing at Old Point Com of these tanks is a large canvas covering said to cost $75 each.. fort I found waiting a brand-new street car, No. 311, a car of l\fany of these canvas coverings had been pulled off and lay in the latest type, marked on the side: the mud and water. In passing, people frequently walked on Property ot the United States Shipping lloaru Emergency Fleet them. I had to do so myself in order to get through one place Corporation. in that open-air storage camp. · Inside the car were numerous cards adYertising priynte and There were also thousands of motor trucks, trailers, and am· commercial institutions and the statement : munition trucks, some of them set up and some in crates. Hun White passengers leave by front door, colored passengers by rear dreds of iron and steel wheels equipped with new 36 by 10 dual uoor. Firestone solid-rubber tires, said to have cost $250 each, were The Virginia "Jim Crow" law for the separation of white lying around in the mud and water. An officer said some of this :md colored people was operating in cars owned by the GoYern material had been in open storage for six months. There were ment, for signs stated that colored people were to occupy the also hundreds of ammunition wagons and passenger automobiles rear seats and white people the front seats. packed in crates. '.rhese cars 'vere being operated on street rail\\ay lines said 1\fr. SLOAN. 1\Ir. Chairman, will the gentleman yield right to be o\\ned and operated by a private corporation. There there? were a number of these cars on the Old Point Comfort line. Mr. DILLON. Yes. Fifteen cents fare was charged from Old Point Comfort to Mr. SLOAN. Wus ~here nny place where they could be Newport Ne"\\S. From Newport News the Government has ex stored? tended this privately owned line to Morrison Aviation Field. Mr. DILLON. Yes. I will come to that in a moment and The extension is between 2 and 3 miles long and is called the show that there were numerous warehouses and also empty; ,Virginia Avenue line. \"luildings all around this· open-air storage. The Government also built a cement highway from Thirty In this open-air, salt-air sto_rage this equipment and material fourth Street, Newport News, to the Morrison Schoolhouse, a is in mud and water, exposed to the elements. distance of about 6 miles. It was commonly reported by the About a mile away are fo~nd 24 warehouses, approximately; soldiers and civilians that arrangements had been made to 150 by 250 feet in dimension, with :fire walls and cement floors, complete this highway to Lee Hall and Yorktown. Negro sol and all said to be empty except one. . diers were repairing the road in front of Headquarters 43, Mr. ADOLPHUS P. :!\'ELSON. Mr. Chairman, will the gen· 1\Iotor Truck Division. Statements were frequently made lliat tlemnn yield? the soldiers had been detailed to repair this highway. 1\'fr. DILLON. Yes. . It is common rumor that the Government is to build a con Mr. ADOLPHUS P. NELSON. Are those warehouses now crete road from Old Point Comfort to Yorktown via Newport :filled so that the material can not be stored? News, and there is every indication that this is true, because Mr. DILLON. No. They are empty, so I am told. I saw soldiers working on this road. This highway runs On one side of the warehouses is the street railway and con through country that is largely fiat and swampy. crete highway, on the other side a railroad, and the warehouses The Morrison .f\viatlon Field was located on low ground and have fine cement loading platforms. On the platform outside hnd to be abandoned because it was unsuited fOi.' aviation pur warehouse No. 20, which was said to be empty, stood a large poses. Numerous buildings remain upon the :field, vacant and number of crated automobiles. · unused. Two steel water tanks on high steel to\\ers were Between these storage houses and the camp just mentioned erected on these grounds. are found corrals, operated by the animal embarkation divi Along the extended street railway, Virginia Avenue line, and sion, Newport News, which contain seTeral thousand horses the new cement highway is found the town of Hilton, about 2! and mules. It was reported that some of these animals had miles from Newport News. It is in a low, swampy place, with been there since August, 1918, and bad cost the Government '-vater standing in pools everywhere. The streets were im about $240 each. The horses were in mud several inches deep, passable because of the mud and water. and there was nothing but mud for them to lie in. In this town are about 1300 cottages and buildings of the most Along the paved highway and street railway is found a big modern construction. All of the houses have slate roofs and concrete tank about 14 feet high and 30 to 40 feet in diameter, were buit1t of fu·st-class material, and bad all modern con- said to have been built by the Government at a cost of $220,000. 1919 .. CONGRESSIONAL R.ECORD--HOUSE. 2775 i ' On the Boulevard street car line between Newport News and Mr. DILLON. They paid $40,100 for 80.20 acres. Hampton is a concentration camp, where they are now erecting This Shipbuilding Re..'l.lty Company is evidently a straw com some hospital buildings. These hospitals are being built on pany. It does not appear to have any real holdings. I judge ground that is being filled in by use of a suction pipe. A cen the Emergency Fleet Corporation's only security is the stock of trifugal punm \\'nS operated on a dredge in the bay, and pipe this straw company for the loan of $3,550,000, which would also carried in the sand and mud to fill in under some of these include the buildings on the premises. buildings. In passing, let us hope that this phantom city, notwithstand At Old Point Comfort was being constructed a cantonment of ing its unholy conception, will be governed in years to come by several hundred buildings. Some of the buildings in this can God-fearing officials, of whom it may be said: tonment were located in the water, and a pumping plant was In him none ever any baseness saw; pumping sand to fill in around these buildings. Some of these His rule was honor. and his word was law. buildings reste fourth Reserve Labor Battalion, had 2 captains, 2 first lieuten January 8, 1919, and that during that time the amount of the ants, and 2 second lieutenants; Company .A, Four hundred and allotment had always been deducted from their pay. thirtieth Reserve Labor Battalion, had 2 captains, 2 first lieu Mr. SHERWOOD. Deducted from their pay? tenants, and 2 second lieutenants. Mr. DILLON. Deducted from til.eir pay. Of the remaining These five companies have together 0 captains, 14 first lieu 167 about one-half reported that the persons to whom they had tenants, and 8 second lieutenants. made allotments have received payments of from $5 to $90 History does not record such an array of captains and lieu during a period of time extending from four months to one tenants. As the companies ere being demobilized, places must year, while the balance reported allotments due for one to four be found for the officers, hence they must be transferred, and months. .while the drilling of soldiers :Uas largely ceased and the number As examples, I cite the following individual reports, which of privates in each company decreased by demobilization, the represent neither extreme: quota of officers to each company is increased. While de Dawson, Hit. No. 2992628. Dawson, Hannah (sister), Ashland, mobilization releases the privates so that they may go home, the Ky. Allotment, $15. Allottee has never received any payments. Al· lotment made out in the month ot March, 1918. Enlisted l\Iarch 1918. officers go marching on cashing their monthly pay checks. .Allotment is still being deducted from soldier's pay. ' THE NEGRO SITUATION. Donalson, James. No. 2859630. Donalson, Bell Maggie (sister)", Kee, Ark. Allotment, $15. Allottee has never received any payments. It was stated that there have been for some months past Allotment made out May, 1918. Allotment Is still being deducted from several thousand colored troops stationed in the vicinity of soldier's pay. Ivory, Marshall. No. 2811766. Ivory, Oble (brother), Pittsburg, Newport News, designated as comprising various units of labor Tex. Allotment, $15. Allottee has only received the amount of $30. organizations; that these colored soldiers from time to time in Allotment made out in April, 1918. Enlisted March 29, 1918. Allot· .varying numbers have been used as laborers on private, munici mentis still being deducted from soldier's pay. · . pal, and county work, such as construction and repair of streets, That this treatment of the colored soldiers was not confined to ·1·oads, drainage ditches, and water works, throughout a large this particular camp is evidenced by a statement made to me bY. area of country around Newport News, as far north as Lee a former officer who was stationed at Camp Johnston, Jackson... Hall, a distance of about 19 miles, and east as far as Old Point ville, Fla., in command of a labor company of colored soldiers.· Comfort; and that most of this work has been performed under This company consisted of 200 drafted colored men, and the most distressing conditions, the colored soldiers often working ages ran from 21 to 40 years even at the time when 31 years was in mud almost to their knees. Complaints were made by these the draft limit. Twenty or twenty-two of them received no pay, colored soldiers concerning the character of work they were on pay day, the reason stated being that they had been brought required to do, that their allotments had been withheld, and in as deserters and $50 paid to some officer who bad brought that they could not secure discharges. them in. This payment had been charged against the soldier, Some of our bravest soldiers on the battle fields were colored which left him indebted to the Government. men. They were ever ready to march against the common enemy None of these alleged deserters could understand why that in an effort to overthrow him, and our Nation owes to all our charge was placed against them, all claiming that they had in gallant soldiers, both white and black, an everlasting debt of no way evaded service, that they had continued in their cus-. gratitude. There is no justification for the treatment meted tomary work, continued to reside in the same place, had nof out to the colored soldiers in some of the camps. changed their names, and had at all times held themselves in Mr. SHALLENBERGER. Does the gentleman know whether readiness to answer the summons of the local board when theY. these colored men were drafted men? should be called to the service. · Mr. DILLON. They were drafted. This charge of desertion was not for any action committed 1\Ir. CRISP. Will the gentleman yield to me? after they were mustered into the military service, but because 1 :!\Ir. DILLON. Yes. they were said to bave been delinquent in not reporting for l\fr. CRISP. Was this work which these soldiers were re service within the time or date required by the notice sent them quired to do on the public utilities for the benefit of the .Army by the local board. As a matter of fact, they all claimed that no or was it for the benefit of these private municipal corporations? notice had ever been received by any of them, although the local Mr. DILLON. The· information came to me that it was pos board knew of their whereabouts. sibly both. The .Army used the highways, but they were putting One of these colored soldiers said that he had come to the in cement highways and making various improvements which camp of his own free will as soon as he learned of his order to , were largely beneficial to these private beneficiaries. report. When asked if no one had come with him to the camp 1\Ir. CRISP. But the only reason the Government did it "·as at Johnston, he replied that the postmaster's brother had come for the benefit that the management ·of the .Army got out of it. with him, but that he had paid his own fare as well as the fare of Mr. DILLON. Yes. Complaints were made by these colored his companion, who told him that he was going to Jacksonville soldiers concerning the character of the work they "·ere re- anyway, and as an accommodation would go to the camp with quired to do. . him and show him who to report to. Nevertheless, the charge Mr. FESS. Will the gentleman yield? of desertion was placed against him, and the $50 paid to the J\Ir. DILLON. Yes. man who brought him in and charged up to the soldier to be 1\fr. FESS. 'Ve understood from the -gentleman's statement taken out of his pay. that there were many more captains there than there were com Another, who lived in Georgia, stated that he registered in panies? June, 1917, and then learning that there was need of labor in 1\fr. DILLON. Yes. the shipyarus at Jacksonville had gone there and secured em Mr. FESS. Has the gentleman made any analysis· of that ployment. After arriving in Jacksonville he notified his local to show Iiow many captains were attached to any particular board of his change of address by letter and told them to mail company? his notice to him there. He worked a few weeks in the ship· Mr. DILLON. Yes; I will ha\e all in my extension of re- yards and then got employment with the Government in the marks. post exchange at the camp. While he was thus employed by, Mr. FESS. Three or four or five? the Government, within the military camp and under his Mr. DILLON. Yes; sometimes five officers to a company. proper name, a policeman came out from town and arrested Mr. FESS. That was stated to me. Now, another question: him as a deserter and, escorting him about two blocks to camp Did the gentleman make any inquiries as to the commutation of headqua1ters, collected· $50. :heat, light, and quarters) 'vhether these captains in addition to This payment was accordingly charged against the sol ~· "Haw was 'this Clone? lt -was done in tbis ;way. "These ·· colol'ed ·Second Provisional ''Batbllion : C()mpanJes A, B, C, -and D Fau:r Jlun· men got nothing throtlgn the mail in the fo1·m of a notiee eallin~ ·dred .and :fourth Reserve Labor BattaliOD. ' . "''h1rd Provlsional .Battalion : ·Companies A, 'B, C, and D, 'Folll" 1mn.. them into the :military service. That was the · method used dred and fifth 'Reserve J,af>or Battalion. the local :hoards in gtvi:ng lllotiee, nn:d since these cn.rcL-> . Fourth Pr_ov~sional Battalion : Companies A, B, C, ~md 'D, Four bun• -giving motice were not ·eturned to the loeal boards as umle~ dred a~d thirtieth ..Reserve Labor .Battalion. 2 .. With the exception ~f the :l1hird Provisional .Battalion mu1 Com~ · :liverable the draftees would be listed as deserters if tbey did pan1es A an? c. Four .hundred and :tom:t:h Re crve Labor 'Battalion 'llot ·nppear on the date -set at the place .specified 1n the notice. ·and C~mp rues C and D, Four bundred and -thirtieth Reserve Labor T'J.le notices were se»t out by the local boards but the post Bat:tnlion, 'Dow on detacbeil service, all compnnies of .tbe stevedoro a.nd labor orgn~z-atious "'vill in future render L"Utlon return , ·reqrrl i rna ter did not deliver them as addressed, but held out certain titon~d for clothing, upp1i.es, etc_, through regimental lleadqulll'tcr Jn. 1mes ana kept them until tbe draftee was one day ·delinquent. s ~ of through 'battalion headquarters, as beretolore. Then be would hand them to a marsl1al or policeman, who wotlld . o . All property now held by battaTioo headquarter wiD be 1urnl'd Jn t~ camp supply ·officer, and pre cnt battalion -supply officer will go out m1d make arrests and collect 50 for each one appJ.:e obtam clearance th-erefor. 'hended. By or(ter of Maj. Bridges. Tn spite of this nn.ju.s:t ·and unlawful prn.ctice the charge of L. D. TIARl'EY, .-.desertion .remains ag:rinst tllem :and can not 'be ·removed until Onotain, Quartermaster Oo1·ps, Oamp Adjuumt. 'they co.nuUete paying the $50 ebarge. }'feither can they be Company D, Four hundred anu thirtieth Reserve Labor Battalion: 'of killing by suffocation before filUr could be remowd from mouth and Capt. Charles A. Boyde, Second Lieut. Peyton B. Burkhalter, First nostrils. Lieut. George Ba.ur, First Lieut. Peter Seery, :5econd L\eut. C. Vn 1.3. Polish· drafted deserter brought to Fort Oglethorpe during August. J!.rl'ga.ldin. Had yellow jaundiee. No food or medical attention for two days. Pro By order· of Maj. Bridges. vost sergeant ordered him .out to work under curses and oaths. Too sick L. D. HAnVE.Y, to work. Sergeant ordered him to stand up, ·tried, but fell back on. Captain, Q1tartcrmaster Oorps, Camp Adjlda:nt. bunk- Sergeant grabbed and beat' him ; too exhausted. Sergeant called JUr: DILLON. Mr. Chairman, a number of.letters·havereache gets busy, exercises its prerogative, and demands that account WOOSTER, OHIO, Jan"Hary 1a,- 1S19. 1 ing the sooner they will have discharged their obligation to the Representative RoscoE C. McCuLLOCH, country. Washimuton, D. 0. DECEMBER 22, 1918. DEAn SIR: I am writing you concerning my nephew, Pvt. Donald lion. NEWTON D. BAKER, Orr, whom we have never heard from since he sailed for France on or Secretary of War, Washington, D. 0. about the 18th· or' 19th of September, except from a returned wounded soldier whose name is Carl Murray, Orrville, Ohto, who said he saw him DE~n Mn. SECRETARY: I have been receiving complaints constantly die on the boat on the way over. He said he died October 2. His from the parents of soldiers and their friends in regard to the trans mother receiTeS her allotment each month as 1t he were alive. They mission of information about the condition of wounded soldiers and the have written the Red Cross and War Department, and they can as yet delay in the notification of parents when soldiers have been killed in find no trace of him. His address is as follows : Pvt. Donald Orr, action or have died from wounds or disease in hospitals. Three hundred and ninth Ammunition Train, Eighty-fourth Division, Recognizing the difficulties that confront your department in the American Expeditionary Forces. Serial No. 2476447. Captain's name handling of these matters, I have retrained from entering a.ny formal is Jay Shaffer. protest, other than to call your attention to individual cases up to this He left Camp Mills, N. Y., by railway, on the 16th or 17th of Septem· time. But I feel, because of the facts in a number of cases which are ber for Hoboken, N. J., from where he sailed · by way of Nova Scotia. now before me, that there must be something radically wrong with the on the ship Nuter. Now. who is the fault of us not being notified of system that has been followed by your department in the handling of his death, or of our finding no trace of him since his death, and where these most important matters. .And my purpose in writing you now is is the rest of his allotment going to? Three months after a soldier's to protest on behalf of my constituents who have suffered as a result of death an.d not being notified is a long time. , . what appears to me to be nothing more nor less than incompetency or .A.nythmg you can do, or advise us to do, toward getting some definite negligence upon the part of responsible officers in your department in information from him will be deeply appreciated. hanuling and transmitting this information. Yours, very truly, WORD IS DELAYED. JE~FERSO:'i P. CARSON. I n eed but refer to one cllse of the many which have been brought to my attention. Notice was receh:ed on October 3 stating that a certain The CHAIRI\1AN. The time of the gentleman from Ohio has soldier "was severely wounded rn action August 13. Department has expired. no further information." On November 11 a notice was received that Mr. BROWNING. Mr. Chairman, I yield 10 minutes to the this soldier was " reported under date of October 23, 1918, in Evacua tion llospital No. 4, American Expeditionary Forces, under treatment gentleman from lliinois [Mr. GRAHAM]. for sHere gunshot wound in both thi~hs." On the request of the mother Mr. GRAHAM of Illinois.- Mr. Chairman and gentlemen ot of this soldier my office on November 29 was informed that he had re the committee, I have all of my life been in favor of a large ceived " a slight gunshot wound in both thighs while in action. His condition reported fair." Etrorts made ·at a later date by my office to Navy. I have always believed that it is the part of wisdom for secUl'e information were to the etrect that no further word had been this people to have a Navy sufficiently large to protect its received in regard to the solaJer's condition. On December 15 the extended seacoast at any time against-any enemy .on either side. mother received the first word from your department, advising her of the death of her eon, which tele?ram says: "Your son died October 16 I still am of the same opinion. I think that the program pro from wounds received in action.' . . posed by the bill is not extrao~dinarily large.; is not too large, This soldier, who was in a hospital under the control of the Govern perhaps, for the safety of this people in the future. While I ment, died on October 16, and it took two months, or until December Hi, for your department to adTise this mother of the death of her boy. have always believed in a large Navy, I have never belieYed Your department can not otrer the e.xcuse in this case . that the delay in a large Army, and do not now believe in a large Army. I was caused by lack of facilities for identification or because the soldier think an Army in time of peace should be an organization of w:1s in action, for tl!e reason that this boy was in a hospital, identified, u l!tler the care of physicians, and your department had been notified volunteers, . sufficiently constituted so that in time of war, by mon ths before that he was wounded in Au~st; and yet it takes two conscription methods, we may raise sufficient military forces months for your department to adTise his family of his death. to protect the Governinent. I do not believe this ts true with _ WANTS Il'fVJ:STIGJ.TION. respect to the Navy, however. I have not believed it for years, I believe that every patriotic citizen is wiJling to concede to your and I do .not believe it now. I say to you freely and frankly department every valid excul!!e which migbt cause delay in the trans that I do not place enough confidence in . the rumors that we mi. sion of intormation. The patriotism of the American people in this crisis has no parallel in the history of the world ; but it seems to me may disarm to justify me in believing that we ought to relax that your department should make an etrort to reduce to the minimum our efforts along this line. The time may come when the na the anguish and the suirering of parents who have given their sons as tions of the world will be willing to take their ships and slnlc ' the supreme sacrifice in this war. I While I am on the subject, I want to call your attention to another them in the seas, but I do not believe that time has yet ar situation which, to my way of thinking, is little less than criminal. rived. Recently, while talking with many men upon the other The delay in mail to and from soldiers abroad will constitute a black side of the water who were interested in British affairs, I be page in the history of our war actiTities ; and those who are respon sible for these delays should be brought promptly to account, and lt came quite thoroughly convinced that the British mind, so far shall be my purpo~e to assist in eTery way possible in the bringing as I was able to weigh it, was along the same line. Therefore, about of an investigation that will fi.x the responsibility for the delay I can consistently and shall vote. for the naval increase pro in the transmission of mail to and from the soldiers in France. It is as little as this great GoTernment can do to relieve the minds of the vided for in this. bill. But, Mr. Chairman, it is a matter ot boys at the front and tbe minds of their parents and their friends at humiliation to me personally. that in doil.ig o I may appear to home to the extent that is possible by seeing to it that their letters are be animated by the whip and spur that is being administereu promptly transmitted. Everyone recognizes that men who are on the firing line, moTing by the President of the United States to this Congress to.day, from place to place, can not receive mall as promptly as they would be the spur that we feel in our side. In my advocacy of a large able to do otherwise, but the complaints have been so general and the Navy, I advocate it because I believe in it, but I do not believe cases have evidenced so often an utter lack of interest and etrort upon the part of the Government to take care of this most important matter that those who are presenting this program to this House do of the transmission of the mail that I have become convinced that actually belie'Ve in the program as it. is advanced .. If I had any somebody is negligent, and, therefore, responsible for the conditions thing to say about it, I would cut out the proviso in the ectiori thnt have e.xisted. 1 have had complaints where parents have written as many as 50 which gives to the President of the United States the right to letters to soldier sons in France, and not one of the letters have been say whether we shall or shall not have this Navy anu I shall delivered. I have cases before me where parents have not received word from their boys since they left for France, covering a period of vote for that if the opportunity occurs. It has been a mutter: as many as three and four months. In some cases the letters were of extreme humiliation to me, believing as I do about these returned without any notation-just sent back. In other cases the matters, to see coming into our councils here this covert threat soldiers write, pleading to hear from home, when letters by the dozens have been written and mailed but never reached the soldiers. The which has been sent to . us by the President of the United parents of some have died and the soldier was the only one who did States, under which I believe a majorit~r of this House to-clay not get the information as to the death, because the letters sent were is acting and under which it will act. _ . not delivered. In one instance a soldier died gallantly in action, feel ing that he had been forgotten, as his last letter to his mother showed, When the chairman of the Committee on NaYal Affnirs was although. his mother had written him twice a week, but her letters on the floor I interrogated him, as did many others of the never reached him. House; and he Sa.id that a. message that had come from the CASES ARE NUMEROUS. President of the United States had come to the Secretary of If these cases were not numerous I would think that the delay might the Navy, that it had been by the Secretary whispered to him, be due to the particular circumstances of the individual case, but the complaints have been so numerous that it amounts to almost a gen Mr. PADGETT, the chairman of the Committee on Na>al Affairs, eral complaint upon the part of parents and friends in regard to the and that he, Mr. PADGETT, had whispered it to the members of mail service. that committee, and that whispered information thus conveyed I am sure that everyone in this country would approve of the send ing of special transports if necessary, In order that the boys who from across the seas had induced this committee to make a have borne the burden or1 the battle might have their mail and .that unanimous decision to bring in a unanimous report. That is the parents at home who have given them to the cause might hear what he said. Believing and confiding in the truthfulne~s of from them. Two resolutions are now {_>ending in the House for an investigation, Mr. PADGETT, which I have never bad cause to question, I be· and while I shall do everything in my power to bring the investiga lieve that is the situation, and similar information has come to tion about, yet I trust your department will even at this late date me from other members of the committee. That l eing true, t ake some action that will relieve the situation. I nm transmitting all of the data and information in regard to the we have before us a report that was induced by some threat or cas:> I have referred to in this letter. Also, a memoranda in regard -statement or information sent by the President which ~- ou and to othPr cases, the circumstances of which will sustain the statements I, as representatives of the people of this country, can not have I han• made in this communication. Sincerely, yours, the advantage of, but which we must ac under or be perhaps noscoE c. McCuLLOCH. 'put under the ban of being against the administration in the 1919. CONGRESSIONAL RECORD-HOUSE. 2783 . 1 carryinoo out of tllis policy. It is an unfair advantage to take he went to England on December 26 last, when welcomed a~ of tills House; it ·is ·an ullfair advantage to take of the counh·y Dover, he displayed fully his idea~ of his mission in Europe: and one. that is nlicy of the adminis- try that Guizot said in that wonderful history of his, which tration. I shall not know how to deal with other matters of even held that almost every original idea of lllodern ciYilization had greater delicacy and nearer consequences if you do not grant it to me found birth within. its borders-I refer to France, of course- in ungrudging measure. was rapidly contending with Britain. One of the most remark-' : And the Congress granted it to him in ungrudging measure. able facts.of history to me is that the period of 127 years begin And what was the mysterious reason that made that necessary? ningwith 1688, at the time of the famous English revolution. when What was it, can anybody tell? I have heard rumors and I modern England began to be, up to 1815, when Napoleon Bonn- · have heard things said in the lobbies and other plaees about parte was defeated and banished-a period of 127 years, there the supposed reasons for it, but nobody knows, not even the were 12 wars fought between Gre:;tt Britain and France to leaders of the Democratic Party, what the President had in establish the primacy of the sea. Some of those wars were as his mind when he came here and asked you to repudiate your long as 12 years in duration; 64 of the 127 years were spent in pledges and give him this thing in ungrudging measure. And actual warfare.· Thi_s struggle, comprising a series of wnrs to-day we have the same thing again. · · · covering over 100 years, is looked back upon as one of the The President evidently considers this war as a personal war titanic contests between two nations striving for the first place. and the peace he is p:taking as a personal peace, in which no on the sea. In the evolution of England, or rather Britain, as one else is intimately concerned except himself. · The Constitu- the mighty sea power, so wonderfUUy displayed in this world . tion authorizes him to make treaties "by and with the advice war, no period of her. history is more suggestive than the one an<1 consent of the Senate." Yet in his peace commission he which gave her the position she now holds, which began at tbe fails. to appoint any Member of the Senate to consider the draft fall of Napoleon. of the treaty with him. The other members of the peace com- Among these wars was the famous French and Indian War, mission take their orders readily from the President. When in which we as a young country, not yet born as a Republic, LVII--177 2784 CONGRESSIONAL RECORD-HOUSE. -,l were greatly interested. It is known in Europe as" The Seven mated that our annual income is almost half of the total wealtli Years• War.n We call it hel·e "Tbe French and Indian War,' ~ of· Great Britain~ becau e of the prominence taken in it by our own colonies. And I simply want to make this suggestion: For the firsf; And while we speak ·of that war as of interest to us, it was time since before the Civil War we see America going on the primarily a :figbt between France and Britain, and is one of the: sea, a tremendous power in a merchant marine, which alon~ series of the 12 wars to indicate which of the two countries, points to the position of a competitor of the mother country~ or, better yet, which system of government, would come to be and we see her building a Navy that promises also to rival that the ruler of the sea, because that war really was a struggle of the mother country. May we say to take care at the mer1 between two systems of government. One was rather Anglo- chant marine? We may have a problem in front of us as to I Saxon, and leading toward democracy; the other was Latin, the superiority of nations. I simply propound this question iti ' and at that time was not leading toward democracy but to the light of history as a possible interpretation of the naval an ecclesiasticism, as all of you are well aware. And after the program. [Applause.] French and Indian War, which virtually decided that France Mr. BROWNING. 1\Ir. Chairman, I yield 15 minutes to the' must cease to be an American force and must give up her gentleman from Wyoming [Mr. MoNDELL]. . American colonies, Great Britain, having won in that war, Mr. JUONDELL. Mr. Chairman, students of the psychology; innted som~ new problems. It was the Frenchman who said, of history have frequently remarked the occurrence of a pedod "This war has .given to Britain the first promise of a great of levity following one of extreme and unusual national stress contest in the new world by a new nation which in time will such as is occasioned by great pestilence or a fierce and rival the old!' Tbe statesmen of France resented the provisions devastating war-a period marked by curious and extraordi-i of the treaty of Paris and declared it to be the foundation of nary, and sometimes grotesque,. evidence of the reaCtion from:· a new nation that would ultimately test the power of the mother the tremendous worry and strain of a periou of <;alamity and! country. That was as late. as 1763. Already events were heroic sacrifice. Any student of -history will recall periods of rapidly tending toward trouble with England. that character. It is entirely unnecessary for me to partieu · From 1761, when the " Writs of Assistance" so deeply of- larize them. 1 fended the colonies, relations became -strained, until we got into Certain occur~nces of the more or less. recent past have fur• a difference with the mother country, which reached open nished striking evidence that this tendencl" and disposition ot and armed resistance in what the world remembers as the mankind is to be a part of om· experience as we emerge·· famous American Revolution. Our revolution, although known from the gloom and horror of the great war. In ·the limited in history as a very important war from any angle viewed, was time at my disposal I shall not ·be able to furnish an of the not a conflict of rivalry of.nations like there ha:d been between vari011s illustrations that occur to me of this d.i.sp()sition and France and England, or between the other nations which l1ad tendency, which is perbaps to be welcomed as a p.art of the reac.J contended for the: sea supremacy, but it was a fight for certain tion from the worry and anxiety of the recent pa.st-a pleasini principles. We say it was a fight against taxation without evidence of the swinging of the pendulum whi0b betokens 81' representation; or legislation without' representation. The real reasonably early return to a normal spirit of optimism and fact is that our contention wa.s much deeper than that expressed hopefulness. · 1 in that phrase; we wanted to cut out of this modern, growlrig, My purpose on thls occasion is simply to call attention {() constitutio~ru go~ernment ·of Britain certain .e1fete ideas or perhaps the most striking evidence which has been p1·esente which 12 wars were waged, the struggle finally ended in It is true that whatever other qualities and attributes may1 Britain's favor, as you will recall, in the banishment of Na- have been charged to o:r claimed for the honorable SecretarY! poleon Bonaparte. While the "1\listress of the Sea" increased, of the Navy, he has not heretofore been generally considered a' the young Republic also grew. · ujoker." Therefore it requires a little adjustment of one' pre- From 1815 up to the present time, t his young Republic, grow- conceived notions to clearly recognize this quality in that dis· ing apace in friendship with the mother country, alike in blood, tinguished gentleman. alike in language, alike in law, alike in religion, alike in customs, Our esteemed friend and colleague, the chairman of the Com· and yet different in some ways, different in certain princ~ples, mittee on Naval Mairs, has heretofoTe been rathe1· more only who are now undergoing training at the training stations and at . 1 trade schools, if they so request. · Also, a bill (R. n. 15641) to purchase a post-office site in tlie We have also ordered the release o·f 20,0"00 men ot the Na'val Re city of Tell City., Ind. ; to the Committee on Public Buildings s-erve -and men enlisted for the war who are performing shore duties and Grounds. · at the various naval districts. • The bureau is very desirous of completing the demobil.izati-on as By :Mr. SMITH of Idaho. A bill (H. ..R. 15642) to acquire an; S'oon as possible, but it is confronted with the proposition of placing addition to the site of the Federal building at Boise, Idaho; tQ · in commJoS ·lon some 38 to 40 large vessels to be used as transports in the Committee on Public Buildings and Grounds. bringing home troops from France. A n11mber of cargo ships belonging By bill (H. to the Shipping Board are al o being manned. As you can readily Mr. LANGLEY: A R.1.5643) granting additional understand, the present activities of the Navy, ns well as those 1u compensation, according 'to ~ength of service, to the officers and prospect, ha.ye to be carefully provided for, othe1·wisc they would ha-ve enlisted personnel of. the A:vmy, Navy, and 1\larine Corps; to the to cease. Committee on Militn.ry Affairs. It Js hoped that by the 20th of February we will have demobilized at least half of the remaining personnel on shore after the x·eleases above .By Mr. KNUTSON: A bill {H. R. -15644) to donate two can.o , f described have taken place. · From February 20 to March 1 we will nons of obsolete pattern to the State 'forestry board of lllinne obtain detailed statements from all stations in regard to the number sota ; to the Committee on .Military Affairs. of men l'ema.ining available. This we shall have to do in order to a certain where we stand in regard to personnel. · By Mr. McKEO'VN: A bill (H. R. 15645) providing for tlie In the meantime we are -recruiting men as fast as our facilities will erection Df a l>Ublic building in the city of Drumright, Okla. ; to permit. '.rhey ·seem to be co~ing in now nt the r.ate of about 1,600 the Committee on Public Buildings and Grounds. ' . a week. This will of course help us out in .the matter of demoblllzati()n, but naturally we -will not really Ie-el the effect of this for several By Mr. WHEELER.: .A bill (H. R. 15646) authorizing the months, for the reason tb._~t the new men coming in are recruits .and Secretary of War to donate to the city of Staunton, m., one Ger.. · must be trained before being sent to the hips. man cannon or fieldpiece; to the Committee ~n Affairs.; 2'rusting that this information will enable you to understand the Military situation, I am, Also, a bill (H. R. 15647) authorizing the Secretary of War tO: Very sincerely, yours~ "VICTOll BLUll. donaoo to the city of Girard, .Til., one German cannon or fiel~ ADJOURNMID\"T. piece; to the ment ownership of railroads; to the Committee on Interstate now in prison in this country and restrictive legislation as t9 and Foreign Commerce. future immigration. By Mr. TAGUE: Telegrams relative to the proposed revenue There being no objection, the resolutions were referred to bilt (H. R. 12863) now in conference; to the Committee on ihe Committee on Immigration and ordered to be printed in 'Vays and Means. the REcORD, as follows: · By Mr. STINESS: Petition of John 1\litc~ell Literary As_. Resolued by the Indianapolis B1·anch of the American Protecti·ue soeiation, of Providence, R. I., favoring passage of legislation Lcagtte (number111!1 about 1,000 citizens of t11ds community 1oho have sen:efl the United States Government throughout the war throuol~ the endorsing self-determination for Ireland ; to the Committee on Depart1~1ent of Justice), That .the Congress of the United States be, - Foreign Affairs. and It IS hereby earnestly urged to take such steps as lay within its By Mr. TILSON: Petition of Ellen Lodge, No. 420, Interna power to cause all alien enemies who. have been interned during the war just ended to be deported to the respective countries from which tional Association of 1\Iachinists, of New Haven, Conn., fayor they came at the earliest practicable time; and _ ing extension of Government conti"ol over industries to ensure Resolved ftu-thel·, '£bat the Congress o! the United States be, and Federal W:ige Board wages; to the Committee on Interstate it is hereby earnestly urged to enact such restrictive legislation as to future immigration as will make it certain that should the misfortune and Foreign Commerce. o! another foreign war come upon the country its citizenship S'hall By ~Ir. YOUNG of North Dakota: Petition of Minot Asso not be honeycombed with disloyal enemy propagandists, as it bas been ciation of Commerce, 1\Iinot, N. Dak., urging the deportation during this war; and - Resolved further_, '£hat copies o! these l'esolutions be transmitted to and debarment of all enemy aliens ; to the Committee on' Im the junior Senator from Indiana and to the Representative i.n Congress migration and Naturalization. !rom this congressional district, with the request that they be· spread upon the records of the Senate and House o! Representatives of the United States. · The resolution o! which the foregoing is a true copy was passed at SENATE. a meeting of the Indianapolis b1·anch of the A.merican Protecti>e League held Feb1:uary l, 1919. THURSDAY, FebTua-ry 6, 1919~ SAMUEL D. MILLER, Clwirman of the E.xecutive Committee. · The Chaplain, Rev. Forrest J. Prettrman, D. D., ·offered the FEBRUAUY 3, 1919. following prnyer: l\Ir. GRONKA. I send to the desk a brief letter with resolu Almighty God, Thou hast giYen to us a voice in the council tions from the Board of Agriculture of the State of Pennsyl of the nations. 'Ve come before Thee that we may have the nmin, which I ask to have read. g-race· to justify the position in 'vhich Thou hast placed us in There being uo · objection, the resolutions were re;:ul, as Thy providence. We pray that every thought may be sub follO\\"S: jected to the will of God; that every purpose that we have as FEBRUABY 4, 1919. a Nation niay take in the divine program; that we may labor lion. AsLE J. Gnox~u, together with God for the establishment of that order which lVa.sl!ington, D. C. MY DE.ut SIR: I am inclosing llere""ilh copy o! resolution adopted Thou l1ast ordained: shall come into the earth. Bless us this by the PennsyJyania State Board of Agriculture at their annual meet- day in the