.
5244 CONGRESSIONAL -RECORD-HO-USE. APRIL 21,
Oliver H. Tuthill to be postmaster at Rockville Center, in the John F. Mains to be postmaster at Stronghurst, in the county county of Nas an and State of New York, in place of Oliver H. of Henderson and State of Illinois. Tuthill. Incumbent's commission expires May 2, 1904. Sealy B. Moody to be postmaster at Lagrange, in the county of omo. Cook and State of lllinois. Louis A. Koons to be postmaster at Massillon, in the county of Elmer .E. Smith to be postmaster at Clayton, in the county of Stark and State of Ohio. in place of Louis A. Koons. Incumbent's Adams and State of illinois. commission expires June 5, 1904. INDLU"A.. Hugh S. Espey to be postmaster at Rising Sun, in the county of OREGON. I Ohio and State of Indiana. William H. Leitner to be postmaster 'at Huntington, in the John A. Hall to be postmaster at Cicero, in the county of Ham county of Baker and State of Oregon. in place of William H. Leit ilton and State of Indiana. ner. Incumbent's commission expired March 13, 1904. Hamlin Smith to be postmaster at Brownstown, in the county PE..'\'NSYL VANIA.. of Jackson and State of Indiana. Henry D. Ruth to be po tmaster at Lansdale. in the county of TEXAS. Montgomery and State of Pennsylvania, in place of Henry D. Frankie Houssels to be postmaster at Childress, in the county Ruth. Incumbent's commission expired April 16, 1904. of Childress and State of Texas. Samuel A. Smith to be postmaster at Indiana, in the county of Indiana and State of Pennsy vania, in place of Samuel A. Smith. Incum b ent s commission expires April 27. 1904. Daniel Williams to be postmaster at Sharon, in the county of HOUSE OF REPRESENTATIVES. :Mercer and State of Pennsylvania. in place of Daniel Williams. Incumbent's commission expires May 9,.1904. THURSDAY, .Apn"l21, 1~04.' SOUTH DAKOTA. The House met at 12 o'clock m. Jo ~ eph Kubler to be postmaster at Custer, in the county of Prayer by the Chaplain Rev. HENRY N. Coumi!N, D. D. Cu,ter and State of .South Dakota, in place of Joseph Kubler. The Journal of the proceedings of yesterday was read, corrected, Incmnbent·s commission expires May 4t 1004:. and approved. TE...~TESS EE . AFFECTING llA...1\ffiER OF IMPORT.A.TIO~. Edwin C. Alexander to be po tmaster at Elizabethton, in the Mr. GROSVENOR. Mr. Speaker, I call up the privileged bill county of Carter ana State of Tenne see. in place of Senorita V. (S. 2816) to amend section 3095 of the Revised Statutes of the Alexander. Incumbent's commission expires May 7. 1~04. United States, relating to manner of" importation, which I shall Gus Cate to be postmaster at Cleveland, in the county of Brad send to the desk and ask to have read. lef and State of Tennessee. in place of James K. P. Marsha.ll. The Clerk read as follows: Incumbent's commission expired March 31, 1904. He it enacted, etc., That section 30~ of the Revised Statutes is hereby George B. Henegar to be postmaster at McMinnville, in the amended so a.s to reaa a.c; follows: •• SEC. 0095. Except in the districts on the northern, northwester~~ west county of Warren and State of Tennes ee, in place of Asa H. ern boundaries of the United States, adjoining to the Dominion of da., or Faulkner. Incumbent's commission expired February 20, 1904. into the districts adjacent to Marico, no merchandise of foreign growth Ol' manufacture subject to the payment of dutle shall be brougllt into the TEXAS. United States from any foreign port in any other manner than by sea. nor J. B. Campbell to be postmaster at Alvarado, in the county of in any ve%-el of less than . 0 net register tons. or landed or unladen at any other port than is directed by law, under the penalty of seizure and forfeit Johnson and State of Texas, in place of George W. Cotter. In ure of all sucll vessels andof the merchandise rmported therein, laden orun cuwbent's commission expired January 10, 1903. laden in anv other manner." James I. Carter to be postmaster at Arlington, in the county of SEC. 2. This act shall take effect one month after its passa.ooe. Tarrant and State of Texas. in place of James I. Carter. Incum Mr. SMITH of Kentucky. Mr. Speaker, I would like to hear bent's commission expired March 31, 1904. some explanation of the bill. Owen Ford to be postmaster at San Marcos, in the county of Mr. GRO::;VENOR. Mr. Speaker, the pre ent law regulating Hays and State of Texas, in place of Owen Ford. Incumbent's the importation of goods into the northwestern ections of our commission expired January 10, 1903. country was passed prior to the creation of the Puget Sound dis Charles C. Littleton to be postmaster at Weatherford, in the trict. The language in the law at present is" except into the dis county of Parker and State of Texas, in place of William F. tricts hereinbefore described," and that description. therefore, Wieland, deceased. · did not cover the Puget Sound district. The crPation of the Marion D. Townley to be 1postmaster at Valley Mills, in the Puget Sound district brings about this strange condition of facts, county of Bosque and State of Texas. Office became Presidential that the law is different, or rather. there is no law at all regulat April1, 1904. ing this question in the matter of importations into that district. WASHINGTON. The Treasury Department aslrs that we make the present law George W. France to be postmaster at Hoquiam, in the county conform to the present conditions of the districts in the North of Chehalis and State of Washington, in place of George W. west. France. Incumbent's commission expired December 14, 1903. Mr. SMITH of Kentucky. The bill comes from the Committee John 0. Wilson to be postmaster at Cosmopolis, in the county on Ways and Means? of Chehalis and State of Washington. Office became Presidential Mr. GROSVENOR. It comes with a unanimous report from the Committee on Ways and .Means, and is recommended by the October 1, 1903. WEST VIRGmA.. Treasury. Mr. LIND. Mr. Speaker, does it affect the imports from Albert G. Holt to be postmaster at Kenova, in the county of abroad? Wayne and State of West Virginia. Office became Presidential Mr. GROSVENOR. Certainly not, because they can not do January 1, 1904. that. This is a simple change in the languacre of the present law. WISCO~. It strikes out the words "hereinbefore described " and puts it in Murdick W. McAskill to be postmaster at Glidden, in the county the form as read by the Clerk. of A bland and State of Wisconsin. Office became Presidential Mr. LIND. It does not affect the bonding privilege? April1, ~904:. Mr. GROSVENOR. Not at all. It simply conforms the law to the new condition of the districts. CONFIRMATIONS. Mr. PAYNE. It makea it the same as it is with Canada and Mexico. ExeCidi.ve nominations confirmed by the Senate April ~1, 190.1,. Mi·. GROSVENOR. It makes the law exactly as it is with PROMOTIONS IN THE NAVY. Canada and Mexico; it makes a uniform operation throughout that whole section of th~ country. Lieut. Chester M. Knepper to be a lieutenant-commander in The SPEAKER. The question is on the third reading of the the Navy from the 1st day of Janna~, 190-4: . . . . · Senate bill. Ensign Walter M. Hunt to be a lieutenant (Jumor grade) m The bill was ordered to be read a third time, read thethh·d time, the Navy from the 28th day of January, 1904. and nassed. POSTMASTERS. ori motion of Mr. GROSVE...~OR, a motion to reconsider the last
IL~-om. vote was laid on the table. Archibald W. Fletcher to be postmaster at Highland Park, in UNANIMOUS CONSENTS. - the county of Lake and State of lllinois. _ The SPEAKER. The Chair desires to state to the House that John Grierson to be postmaster at Monison, in the county of he has memoranda from many Members asking for the passage V7hiteside and State of lllinois. of court and bridge bills and bills that probably would not be ob- 1904. CONGRESSIONAL RECORD-HOUSE. 5245
The SPEAKER. Is there objection to the present consideration of this bill? Mr. JONES of Virginia. Reserving the right to object, I should like to hear the bill read. The SPEAKER. The Chair will explain that his only reason for asking for objection before the reading of the bill was that when a bill is lengthy it may be well that the objection, if any, should be stated before time has been spent in the reading. The Chair can see the propriety in a case of this kind of asking for the reading of the bill before the question of unanimous consent is determined. Mr. MONDELL. I ask unanimous consent that the reading of the preamble of the bill be dispensed with. .; There was no objection. The Clerk read the residue of the bill; which, in its entirety, is as follows: Whereas MeEsrs. Joseph H. Brigham and Charles H. Merillat, two mem bers of a commission consi.«ting of Messrs. John D. Wood.I·uff, Joseph H. Brigham, and Charles H. Merillat, did on the 2d day of October, 1891, con clude an agreement with the Shoshone and Arapahoe tribes of Indians re siding on the Shoshone Indian 'Reservation in the State of Wyoming, which said azreement is in words and figures as follows, to wit: Articles of agreement made and entered into at Fort Washakie, in the State of Wyoming, on the 2d day of October, 1891, by and between John D. Woodruff, Charles H. Merillat, and Joseph H. Brigham, commissioners on the part of the United States, and the Shoshone and Arapahoe tribes of In dians in the State of Wyoming. ARTICLE!. For the consideration hereinafter named the said Shoshone and Arapahoe tribes of Indians hereby cede, convey, transfer, relinquish, and surrender, forever and absolutely, subject to certain conditions hereinafter named re spectmg the right of individual Indians to retain allotments heretofore taken on the ceded part of the reservation, all their right, title, and interest of ~very kind and character i? and to the l.ands and. the water-rights appertain mg thereunto, embraced m the followmg-descr1bed tract of country in the State of Wyoming: All that portion of the Shoshone Reservation lying north and east of the following described lines, to wit: Beginning in the mid-channel of the Big Wind River at a point where the river crosses the western boundary of the reservatio~ thence in a. southeasterly direction, following the mid-channel ~f th~ Big Wind River to a point known as the Wood F'I;at Crossing; thence m aline due east to the eastern boundary of the reservation; then, beginning where the line run due east from Wood Flat Crossing intersects the Big Wind River; thence in a line due south to the southern boundary of the reservation. ARTICLE II. In consideration for the lands ceded, sold, relinquished, a.nd conveyed, as aforesaid, the United States stipulates and agrees to par to the Shoshone and Arapahoe tribes of Indians the sum of $600.00> to bear mterest until paid at the rate of 5 per cent per annum, and to be expended for the benefit of the Indians in the manner hereinafter described. ARTICLB III. Of the said $600,CXX>, $170,CXX> is hereby set apart as a cattle fund, the interest on which, at 5 per cent per annum, shall be annually expended, under the direction of the Secretary of the Inter_ior, in the purchase, maintenance, and support of a herd of cattle, to be held m common for the benefit of said Sho shone and Arapahoe tribes of Indians. The Indian agent shall select an ap propriate and fega.I brand for the cattle, and it shall be his duty to see that all the _cattle delivered at the ag:ency for the Shoshone and Arapahoe Indians are smtably branded before bemg turned on the range. The Indian agent shall have full jurisdiction over the management of said herd of cattle It sha.ll be his duty to employ all necessary help and he shall have power to" dis charge said help at any time. The range management of the herd Bha.ll be intrusted to the Indian or half-breed member of either of the tribes whom the Indian agent shall select a-s the person best qualified for the purpose: Provided, h.ou;e:ver, That if it be deemed advisable at any time for the proper care of said cattle the agent shall have power to employ a well-qualified white man as foreman. The em ployees under this foreman shall be selected from the Indian and half-breed members of the tribes. The foreman and herders shall furnish their own ponies, and shall receive a reasonable compensation, to be fixed by the agent and paid out of the money available each year for the running expenses of the cattle herd. The Indian agent alone shall have power to sell cattle from saiq Indian herd under the following resf!rictions.: No cattle bearing said In~n bra!Jd shall be sold or transferred m the State of Wyoming except for Immediate slaughter. All cattle so sold or transferred shall be delivered !>Y th~ Indian agent at some agr~d-upon corral, ~nd no claim or title of any mfuVIdual, company, or corporation to any of satd brand of cattle running upon the open range can be acquired or shall be recognized. The Indian agent however, shall have .Power to ship beef cattle to eastern markets for sale whenever in his opimon such shipment would be to the advantage of the In dians. All sales of cattle shall be for cash, and the proceeds shall be turned into what Bha.ll be known as ~e ~h~one and Arapl!'hoe ca. ttle fund, and held by the agent for pro rata distr1but10n to the Indians whenever said fund reaches an amount ~ual to $2 per capita. Any unauthorized person found in possession of cattle from the Indian herd shall be liable to prosecution under the laws of the United ,'tates, and on conviction may be fined not exceeding 1 (XX) or imprisonment for not ex ceeding three years in the discretion of the court. The penalties provided for defacement of the Government brand on cattle sha~ apply to cas .s of de facement of the brand selected for cattle belonging to the Indian herd. Each year it shall be the duty of the Indian agent to make and forward to the Sec retary of the Interior a. careful estimate of the running expenses of the herd for the coming Sfl&SOD, and the amount so estimated shall be re~erved from the annual fund and the balance used, in the discretion of the Secretary of the Interior, in the purchase of stock cattle. .ARTICLE jV. The further amount of $80,000 is hereby set apart as an irrigation fund, the interest on which, at 5 per cent per annum, or so much thereof as may be necessary, sha.ll be annually expended, under the direction of the Secretary of the Interior, in building dams, constructing dit-ches and canals for irriga tion within the diminislied re~ervation, and in the maintenance, enlarge ment~ repair, and management of such system of irrigation as may be esta.b lishea: Provided, That in the employment of persons for work, Indians, mem bers of the Shoshone and Arapahoe tribes, shall be employed whenever prac ticable, and shall be pa.id the avera&e wages paid to wbite laborers tor the same service rendered. 5246 CONGRESSIONAL RECORD-HOUSE. APRIL 21,
ARTICLEV. ARTICLE XVill. The further amount of 2;;0,(XX) is hereby set apart as a general welfare This agreement shall not be binding upon either party until ratified by the and improvement fund, the interest of which, at 5 per cent per annum, shall Congress of the United States. be annually expended, under the direction of the Secretary of the Interior, Done at Fort Washakie, in the State of Wyoming, on the 2d day of Octo for the civilization industr ial education, comfort, and improvement of the ber, A. D.l891. Indians, the money to be expended in the purchase of such articles and for JOSEPH H. BRIGHAM, such purposes as the Indians may r equest, and the Secretary of the Interior CHARLES H. MERILLAT, approve: Provided, however, That a r easonable amount of money may be ex Commissioners. pended each year in the erection, repair, and main t~nance of bridges needed WASHAKIE (his X mark). lSEAL.] on the r eservation, and in con ducting an experimental farm on the r eserva BLACK COAL (his X mark). (SEAL.) tion for the benefit of the Indians. (And 281 others.) ARTICLE VI. I certify that at the request of the Indians I read the foregoing treaty to The further amount of $50, (XX) is hereby set apart as a school fund, the in them in joint council, and that it was explained to the interpreters paragraph terest on which at 5 per cent per annum shall be annually expended, under by paragraph. the direction of the Secretary of the Interior, for the benefit of the indus JAMES K. MOORE. trial school on the reservation. The Commissioner of Indian Affairs shall We certify that the foregoing treaty was fully explained in joint council designate some person to have under his or her charge the management and to the Indians of the Shoshone and Arapaho tribes, that they fully under care of all property, of every kind and character, purchased under this stand the nature of the treaty, and agree to the same. article. HENRY REED, ARTICLE VTI. Ara!ho Interpreter. The funds provided for in the four preceding articles shall each run eight NORKOK ' X marJr), years or until the expiration of the present treaty with the Shoshones, and Shos one Interpreter. the fu tru·e d isposition of the funds shall then be subject to agreement between Witnesses: the United States and the Indians. J. J. ATKINES. JOHN FESHER. ARTICLE VIII. I certify that the foregoing names, though in some cases duplicate, in The amount of $50,
.of the said funds shall then be the subject of agreement between the United tary of the Interior to the highest bidder, at not less than 1 per acre, and aU States and the said Indians. lands, except coal and mineral lands, remaining unsold ten years after the ART. vm. The sum of S85,000 shall be paid to the Indians of the Wind opening of said lands to entry, shall be sold by the Secretary of the Interior River or Shoshone Reservation, and shall be distributed among them per for the best price obtainable." . capita in cash within sixty days after the opening of the ceded lands to set Oq page 14 of the bill, after the word "Reservation," in line 21, insert the tlement. words "from the proceeds of the sale of said lands; ' and on said page, in line ART. IX. Arcticle 9 is herehy l,)onnulled. 23 after the word "settlement," insert the words "or as soon thereafter as ART. X. The Secretary of the Interior may, in his discretion, reserve, for such sum shall be available." · the ben eft t of the said Indians, lands in the vicinity of the Wind River School On page 15, line 10, after the word" has," insert the words "or shall have; " on said reservation and elsewhere, not to exceed 5 sections in all; such lands and on the same page in line 11, after the word "stipulations," insert t.n.e to be reserved for the purpose of instructing the Inruans in the knowledge words "prior to the opening of the ceded portion of said reservation." of agriculture and stock raising, or in such other branches of an educational On page 16, strike out all of lines 1 to 11, inclusive, and insert the following character as may be deemed beneficial to the Indians, and may instruct the in lieu thereof: allotting agent on said reservation to reserve lands for such purposes. "ART. XVI. Article XVI is hereby annulled. ART. XI. Any individual Indian, a member of the Shoshone or Arapahoe "ART. XVII. Article XVII is hereby annulled. tribe who has, under existing laws or treaty stipulations, selected a tract "ART. XVIII. Article XVill is hereby annulled." of land within the ceded portion of said reservation shall be entitled to have On page 16, line 20, strike out the words "not later than" and insert in lieu the same allotted and confirmed to him or her; and any Indian who has made thereof the word "on;" and at the end of line 20, same page, insert "and for or received an allotment of land within the ceded territory shall have the entry on that date or as soon thereafter as surveyed." right to surrender such allotment and select other lands within the dimin Onpagel7, line 11, strike out the word "settlement" and insert in lieu ished reserve in lieu thereof at any time before the ceded lands shall be thereof the word "entry." opened for entry. On paooe 18, line 15, strike out the word "settlement" and insert the word ART. XII. Nothing in this agreement shall be construed to deprive the In "entry '' in lieu thereof. dians of any annuities or benefits to which they may be entitled under exist On page 19, line 8, after the word "appropriated," insert the words "the ing tre3ty stipulations. same to be reimbursed from the proceeds of the sale of s~id lands;" and at ART. Xill. All public highways now used and traveled on the diminished the end of the bill insert a new section to be known as section 6, as follows: reserve shall be kept open for travel, and passage along them shall be free "SEC. 6. That this amended agreement with the Shoshone and Arapahoe and unob tructed. tribes of Indians in the State of W{oming shall be in force and take effect .ART. XIV. Article XIV is hereby annulled. when a majority of the adult males o the said tribes shall have agreed to the ART. XV. Article XV is hereby annulled. same." - ARTICLE XVI. The lands ceded, sold, relinquished, and conveyed to the United States by this agreement shall, upon proclamation of the President, The SPEAKER. Is there objection to the present considera be OJ>Elned to settlement under the homestead, town-site, mineral, and coal tion of this bill? land laws; and all lands except coal and mineral lands remaining undisposed Mr. FITZGERALD. Reserving the right to object, I wish to of six years after the said ceded landq shall be opened for entry shall be sold by MONDELL] the Secretary of the Interior to the highest bidder at not less than 1 per acre, ask the gentleman from Wyoming [Mr. whether this and all lands except mineral and coal lands remaining unsold ten years after bill does not provide that it shall not take effect until its provi the opening of said lands to entry shall be sold for the best price obtainable. sions are ratified by the Indians to be affected. SEc. 2. That the land'l ceded to the United States under the said agree ment, except sections 16 and 36 in each township, which shall be disposed of Mr. MONDELL. One of the committee amendments provides for the benefit of the common schools of Wyoming in accordance with the that the amended treaty shall not be in force until ratified by the laws of said State, shall be disposed of under the provisions ot the homestead, Indians. town-site, coal and mineral-land laws of the United States, and shall be opened to settlement and entry by proclamation of the President of the Mr. FINLEY. I will ask the gentleman from Wyoming United States not later than June 1, 1905, which proclamation shall prescribe whether the appropriations contained in this bill are made in the manner in which these lands may be settled upon, occupied, and entered order to carry out-the provisions of the enabling act admitting by persons entitled to make entry thereof, and no person shall be permitted to settle upon, occupy, and enter said lands, except as prescribed in said Wyonting into the Union. . proclamation, until after the expiration of sixty days from the time when Mr. MONDELL. The appropriations are for surveys; and per the same are opened to settlement and entry, and the rights of honorably capita payments are to be made. which are reimbursable. discharged Umon soldiers and sailors of the late civil and of the Spanish .Mr. FINLEY. Then, as I understand, no appropriation is made wars, as defined and described in sections 2004: and ~of the Revised Stat utes of the United States as amended by the act of March 1,1901, shall not be directly from the Treasury. abx;dged. Mr. MO:NDELL. No, sir. All homestead entrymen who shall make entry of the lands herein ceded Mr. FINLEY. I should like a word of explanation with refer within two years after the opening of the same to settlement shall ~;>ay Sl.50 per acre for the land embraced in their entry, and for all of the said lands ence to the school lands. thereafter entered under the homestead law the sum of 1.25 per acre shall Mr. MONDELL. The bill originally provided for the purchase be paid payment in all cases to be made as follows: Fifty cents per acre at the time of making entry and 25 cents per acre each year thereafter until the of the school lands at $1.25 an acre. As the bill now stands, that price per acre hereinbefore provided shall have been fully paid. Upon all provision is made; but I propose to offer an amendment striking entrie the usual fees and commissions shall be paid as provided for in home out all the provisions with regard to school lands. That will stead entries on lands the price of which is $1.25 per acre. Lands entered under the town-site and coal and mineral land laws shall be leave the State with the right under her constitution to take lieu paid for in amount and manner as provided by said laws; and in case any lands; but the Government does not.pay for those lands. entryman fails to make the payments herein provided for, or any of them, Mr. FINLEY. Is that because the enabling act admitting the all rights of the said entryman to the lands covered by his entry shall cease, . and any payments therebefore made shall be forfeited, and the entry shall State of Wyoming into the Union does not provide that sections be held for cancellation and canceled; that nothing in this act shall prevent 16 and 36 be set apart? homestead settlers from commuting their entries under section 2001 of the Mr. MONDELL. No; the enabling act authorizes the State to Revised Statutes of the United States by paying for the land entered the price fixed herein; that all lands except mineral and coal lands herein ceded take lieu lands. While the bill originally provided that the State remaining undisposed of at the expiration of six years from the opening of should take lands on the reservation, the amendment which will said lands to entry shall be sold to the highest bidder for cash at not less be offered strikes out those provisions and makes no provi ion at than 1 per acre under rules and regulations to be prescribed by the Secre tary of the Interior: Provided, That any lands remaining unsold ten years all v-vith regard to school lands, leaving the State authorized after the said lands shall have been opened to settlement may be sold to the under the enabling act to take lieu lands. highe t bidder for cash without regard to the above minimum limit of p1·ice. Mr. STEPHENS of Texas. It is perhaps proper that I should SEc. 3. That the proceeds received from the sale of the said lands in con formity with this act shall be paid int<> the Treasury of the United States and state that the amendment refeiTed to has been authorized by the paid to the ~id Sl!oshon~ a.ndAra_])~hoe indiansor expended on the"iraccount Copunittee on In~an Aff~irs. The bill was reported unanimously only as proVIded m Articles ill, IV, V, and VI of said agreement as herein from that comrmttee, With the understanding that the amend amended. SEC. 4. That there is hereby appropriated, out of any money in the Treas ment should be offered on the floor. ury of the United States not otherwise appropriated, the sum of 120,000, or Mr. MONDELL. That is the situation. so much thereof as may be necessary. to pay, at the rate of 1.25 per acre, for There being no objection, the House proceeded to the considera sections 16 and 36 of each township within the ceded territory granted to the State of Wyoming, as provided in section 2 of this act. And the sum of tion of the bill. $35,(00, or so much thereof as may be necessary, is hereby appropriated, out The amendments reported by the committee were agreed to. of any money in the Treasury of the United States not otherwise appro Mr. 1\lONDELL. I offer the amendment which I send to the priated, for the survey and field and office examination of the unsurveyed portion of the ceded lands and the survey and marking of the outboundaries desk. of the diminished reservation where the same is not anatural water bolmdary. The Clerk read as follows: SEc. 5. That nothing in this act contained shall in any manner bind the Amend by striking out all of page 12 after the word "lands " in line 22. United States to purchase any portion of the land herein described, exce:pt fr~~~~h~leo~.~ "dollars," in line 11, page 13, insert '·of the moneys derived sections 16 and 36 or the equivalent in each township, or to dispose of sa1d land except as provided herein, or to guarantee to find purchasers for said On page 14, line 13, after the word "dollars," insert "of the moneys derived land or aniiportion thereof, it being the intention of this act that the United from land sales." , . States sha act as trustee for said Indians to dispose of said lands and to On page 1i \ after the wor~ "agreement,': in lin~ 1. strike out the following: expend and pay over the proceeds received fi·om the sale thereof only as "Except sections 16 and 36 m each t ownship, w lnch shall be disposed of for r eceived, as herein provided. the benefit of the common scilools of Wyoming in accordance with the laws of said State." The amendments reported by the Committee on Indian Affairs On page 19 of the bill, line 14. strike out the following words: "one hun were read, as follows: dred and twenty" and insert in lieu thereof ·• eighty-five." On page 12hline 6, of the biil, strike out the word" which "-and insert in On page 19, b e~nning on l.i.re 15, strike out the following: "Or so much lieu thereof t e words "this two year." thereof as may be nece£sary, to pay, at the rate of $1.25per acre, for sections After the word ''law," in line 7, page 12 of the bill, insert "within four 16 and 26 of each t<>wnship within the ceded territory granted to the State of years therefrom." Wyoming, as provided in section 2 of this act," and in lieu thereof insert On the same page, in lines 8, 9, 10, and 11, strike out the words "lands sold the following: "To make the per capita payment provided in article 8, sec as hereafter provided for cash within ten years after the opening of the tion 1, of this act, the same to be r eimbursed from the first moneys received ceded lands for settlement shall in no event be sold for less than Sl per acre" from the sale of the lands herein ceded and relinquished." and insert in lien thereof the following: Page 20, after the word "described," on line 5, strike out the words "ex "All lands except coal and mineral lands remaining undisposed of six years cept Eections 16 and 36, or the equivalent in each township." after the said ceded lands shall be open for entry, shall be sold by the Secre- The amendment of Mr. MoNDELL was agreed to. 5248 CONGRESSIONAL RECORD-HOUSE. APRIL 21,
The bill as amended was ordered to be engrossed and read a port Bridge and Terminal Company to construct and maintain a third time; and it was accordingly read the third time. bridge across Red River, in the State of Louisiana, at or near The pre~mble was then agreed to. Shreveport.' " The bill was pas ed. On motion of Mr. BREAZEALE, a motion to reconsider the vote On motion of Mr. MoNDELL, a motion to reconsider the vote by by which the bill was passed was laid on the table. which the bill was passed was laid on the table. UNITED STATES COURTS AT GREAT FALLS, MONT. BRIDGE ACRO~S ALABAMA RIVER., MONTGOMERY, ALA. Mr. DIXON. Mr. Speaker, I ask unanimous consent for the Mr. WILEY of Alabama. Mr. Speaker, I ask unanimous con present consiJeration of the bill (S. 2385) providin~ for holding sent for the present consideration of the bill (S ..2842) to amend regular terms of the circuit and district courts of the United an act entitled "An act to authorize the Montgomery Bridge Com States at Great Falls, Mont. pany to construct and maintain a bridge across the Alaballla The bill was read, as follows: River near the city of Montgomery, Ala.," approved March 1, Be it enacted, etc., That herea.fter, and until otherwise provided by law, 1893. regular terms of the circuit and districts courts of the United States for the The bill was read as follows: district of Montana shall be held at Great Falls., Mont., on the fir t Monday in May and on the first Monchy in October ineacn year, and causes civil and Be it enacted, etc., That the said.,Mont~omery Bridge Company shall have criminal may be transferred by the court or judge thereof from Helena or authority to construct said bridge mentioned in said act across the Alabama Butte to Great Falls or from Great Falls to Butte or Helena, in said district River, under and subject to the limitations and restrictions mentioned in when the convenience of ~arties or the ends of justice would be promoted said act, and in the amendment thereto a~proved March 3, lti97, if the actual construction of the bridge therein authoriZed shall be commenced within one by the transfer; and any mterlocutory order may be made by the court or year from the approval of this act and completed within three years from judge thereof in either place. same date. The SPEAKER. Is there objection? The SPEAKER. Is there objection? There was no objection. Mr. MADDOX. Mr. Speaker, reserving the right to object, I The bill wa-s ordered to a third reading; and was accordingly should like to hear something about that bill. read the third time. and passed. . Mr. WILEY of Alabama. I will state to the ·gentleman from On motion of Mr. DIXON, a motion to reconsider the last vote Georgia that this is simply an extension of the time allowed for was laid on the table. the construction of a bridge across the Alabama River near Mont BRIDGE ACROSS CUMBERLAND RIVER, CARTHAGE, TENN. gomery. Mr. MADDOX. What is it, a railroad bridge? Mr. FITZPATRICK. Mr. Speaker, I ask unanimous consent Mr. WILEY of Alabama. A bridge for equestrians and pedes- for the present consideration of the bill (S. 5259) to amend an act trians. entitled "An act authorizing the construction of a bridge across The SPEAKER. Is there objection? the Cumberland River at or near Carthage, Tenn." There was no objection. The bill was read. as follows: The bill was ordered to a third reading, was accordingly read Be it enacted, etc., That an act entitled "An act authoriziug the construc tion of a bridge across the Cumberland River at or near Carthage, Tenn.," the third time, and passed. approved March 2, 1901, be, and the sam:e is herebY., rev-!ved and decla;red to On motion of Mr. WILEY of Alabama, a motion to reconsider be in full force and effect, and that section 5 of said act IS hereby amended so the last vote was laid on the table. as to read as follows: "That this act shall be null and void if said bridge is not commenced within one year and completed within three years from the UNITED STATES COURTS AT EAST ST. LOUIS, ILL. 1st day of April. 190!." Mr. RODENBERG. Mr. Speaker, I ask unanimous consent for The SPEAKER. Is there objection? the present consideration of the bill (H. R. 15228) establishihg a There was no objection. regular term of the United States circuit and district courts at The bill was ordered to a third reading; and it was accordingly East St. Louis, ill. read the third time, and passed. The bill was read, as follows: On motion of Mr. FITZPATRICK, a motion to reconsider the last Be it enacted, etc., That hereafter a.nd until otherwise provided by law there shall be held annually on the fiTSt Monday in November a term of the vote was laid on the table. circuit and district courts of the United States for the southern district of On motion of Mr. FITZPATRICK, the corresponding House bill Dlinois at the city of East St. Louis, in said district, said term to be in addi (H. R. 15087) was ordered to lie on the table. tion to the term.S now 1'89-nir':d b~ la'Y to. be held at the cities of Springfield, Cairo Quincy, and Danville, m said district. MESSAGE FROM ~HE SENATE. SEc. 2. That the marshal and cl!3rk ~f ~d d}.strict shall each, r!'lspectively, appoint at least one deputy to reside m said city of East St. Loms, unless he A message from the Senate, by Mr. .J> ARKINSON, its reading clerk shall reside there himself, and also maintain an office at that place of holding announced that the Senate had passed wiih amendment-s bill or1 ~s;{c, 3 That the judge of the United States circuit or district court for the following title, in which the concurrence of the House of Rep· said district may, by order from time to time appoint and hold additional resentatives was requested: special terms of said court m1 said district, for the disposal of the unfinished busine thereof, whenever the interest of the public and the condition of the H. R. 14416. An act making appropriations for sundry civil ex docket shall so require: Provided, however, That suitable rooms and accom penses of the Government for the fiscal year ending June 30,1905, modations are furnished for holding said courts free of expense to the Gov and for other purposes. ernment of the United States un~ such time as a Federal building shall be The message also announced that the Senate had agreed to the erected in said city of East St. Loms. reports of the committees of conference on the disagreeing votes The SPEAKER. Is there objection? of the two Houses on the amendments of the Senate to bills of the There was no objection. following titles: The bill was ordered to be engrossed and read a third time; and H. R. 9256. An act granting an increase of pension to Enoch was accordingly read the third time, and passed. • Stahler; On motion of Mr. RoDENBERG, a motion to reconsider the last H. R. 13850. An act granting an increase of pension to Mary vote was laid on the table. Heaney; BRIDGE ACROSS RED RIVER, SHREVEPORT, LA. H. R. 9331. An act to extend the time for completion of the Mr. BREAZEALE. Mr. Speaker. I ask unanimous consent for East Washington Heights Traction Railroad Company; the present consideration of the bill (H. R. 14588) to authorize H. 'R. 8692. An act to authorize the apprehension and detention the Shreveport Bridge and Terminal Company to construct and of insane pensons in the District of Columbia, and providing for maintain a bridge across Red River, in the State of Louisiana, at their temporary commitment in the Government Hospital for the or near Shreveport. Insane, and for other purposes; The Clerk read the bill as proposed to be amended, as follows: H. R. 1851. An act granting an increase of pension to David T. Be it enacted, etc., That the act of Congress approved April 00, 1902, en Towles; and titled "An act to authorize the Shreveport Bridge and Terminal Company to H. R. 8925. An act granting an increase of pe;nFion to John. construct and maintain a bridge across Red River, in the State of Louisiana, Weaver. at or near Shreveport." which act has expired by l.im.itation, be, and is The message also announced that the Senate had passed with hereby, revived aml reenacted. SEO. 2. That section 10 of said act is hereby amended to read as follows: out amendment bills of the following titles: " EC. 10. That this act shall be null and \Oid if actual construction of the H. R. 13298. An act to amend section 2327 of the Revised Stat brid~e herein authorized be !J.Ot co~?nced within one year and completed utes of the United States relating to lands: withm threa years from April 00, 1904. H. R. 13300. An act granting certain rights and privileges to The SPEAKER. Is there objection? the commissioners of waterworks in the eity of Erie. Pa.: and There was no objection. H. R. 2009. An act for the relief of the estate of Sven J. Johnson. The amendment recommended by the committee was agreed to. The message also announced that the Senate had passed the fol The bill as amended was ordered to be engrossed aTld read a lowing resolutions: third time; and was accordingly read the third time, and passed. Resolved That the Secretary be directed to request the House of Repre The title of the bill was amended so as to read: ''A bill tore sent..
Also: The bill was read, as follows: Resolved, That the Secretary be directed to request the House of Repre A bill (S. 2382) providing for the resurvey of certain town.ships i:1 Rov.tt and sentatives to return to the Senate the bill (S. 4316) providing for the appoint Rio Blanco counties, in the State of Colondo. ment of additional judges in the Indian Territory. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, Also: authorized to cause to be made a resurvey of the lands in Routt and Rw Blanco counties, in the State of Colorado\ em braced~ and consisting of town Resolved, That the Secretary be dire~ted to request the House. of ~pre ships 1, 2, 3, 4, 5, 6, L_ 8, 9, 10, 11, and fractional township 12 north, of rang as 02, sentatives to return to the Senate the b1ll (S. 3596) to amend section ~ of 93, ~4, 95, 96, 97, 98, w, 100, 10_1, 102, 103, and fractional range 104 west, inclu~ng the Revised Statutes of the United States, concerning mineral lands. a retracement of the base line and resurvey of the first and second correction BRIDGE .ACROSS CALUMET RIVER NEAR H.A.MMOND, IND. lines north, through ranges 92 to 104 west, inclusive, and the eleventh auril iary ~uide meridian west, the twelfth guide m~ridian west, and the twelfth Mr. CRUMPACKER. Mr. Speaker, I ask unanimous {}onsent auxiliary guide meridian west, from the base line to the north boundary of for the present consideration of the bill which I send to the Clerk's Colorado through townships 1 to 12 north, all of the sixth principal b:tse apd meridian; and all rules and regulations o~ the Depa:rtmen~ of the InteriOr desk. requiring petitions from all settlers of said townships asking for resur>ey The bill was read, as follows: and agreement to abide by the result of the same su far as these lands are con A bill (H. R. 15010) to amend section 6 of "An act to authorize the construc cerned are hereby abrogated: Provided, That nothing herein contained shall tion of a bridge by the New York, Chicago and St. Louis Railroad Com be so construed as to impair the present bona fide claim of any actual occu pany and the Chicago and Erie Railroad Company across the Calumet pant of any of said lands to the lands so OCCC:{lied. And for the purpose of carrying out the provisions of this Act, includmg office work a~d an exam River at or near the city of Hammond, Ind., at a. point about 1,200 feet ~st ination of said resurveys in the field, there is hereby a.pproprmted $120,
The SPEAKER. The Clerk will report the ame:adment offered EXAMINATION AS WITI."'ESS OF HUSBAND OR WIFE OF DEFENDANT by the gentleman from Oregon. IN CRIMINAL CASES. The Clerk read as follows: :Mr. SMITH of Iowa. Mr. Speaker, I again ask unanimo~ con Strike out, in lines 1:2, 13, a.nd 14, on page 2, the words "not less than one sent for the present consideration of the bill (H. R. 10142) author hundred dollars nor more than one thousand,. a.nd insert in lieu thereof the izingtheexaminationasawitnessofhusbandorwifeofadefendant words "not to exceed five hundred." in criminal cases, which was objected to a few moments ago by the The question was taken, and the amendment was agreed to. gentleman from Kentucky [Mr. SHERLEY]. The bill as amended was ordered to be engrossed and read a Mr. SHERLEY. Mr. Speaker, I will state that I am willing third time; and being engrossed, was read the third time, and to withdraw my objection, provided a full statement of the pur passed. poses of the bill be made. My objection was based upon the On motion of Mr. WILLI..A.liSON, a motion to reconsider the vote ground that here was a bill relating to practice in Federal courts by which the bill was passed was laid on the table. and not a bill of personal or private nature. If a full statement EX.AlllNATION AS A WITNESS OF THE HUSBA..~D OR WIFE OF THE is made of the bill, I have no objection to it. DEFENDANT IN CRIMINAL CASES. Mr. BREAZEALE. Mr. Speaker, I shall reserve the right to object until I hear the statement. Mr. SMITH of Iowa. Mr. Speaker, I ask nnanimons consent Mr. SMITH of Iowa. Mr. Speaker, I will make a brief state for the present consideration of the bill which I send to the Clerk's ment, with the permission of the Chair. In 1878 a statute was desk. passed changing the common law and allowing a defendant in The SPEAKER. The gentleman from Iowa asks llilaD.imous criminal cases to testify in his own behalf. In the Graves case consent for the present consideration of the bill which the Clerk {150 U.S.) it was held that this law did not authorize the defend will report. ant to call the husband or wife of the defendant, as the case The Clerk read as follows: might be, as witness for the defense. Under this system we have A bill (H. R. 10142) authorizing the examination as a witness of the hnsband the strange condition that the person who is principally interested or wife of the defendant in criminal cases. is now a competent witness, but the person who iB indirectly Be it enacted. etc., That .in the tJ:ial of all indictments, .informations,_ c~ interested is not a competent witness. In practically every State pln.ints, and other proceedJ.;lgs agamst J)e!SOns char:ged with the COID.IlllSSl{)~ of crimes. offenses, and ImSdemeanorB, m the United States courts, Terri· in this Union the husband or wife of the defendant is a compe torial courts and courls-ma.rtial, and eonrt.s of inquiry, in any State 01' Ter tent witness in behalf of a defendant, and this bill simply provides ritory inclu~~ the Dmtriet of Columbia, the wife or husband of the party that the husband or wife of a defendant in a criminal case may so chai-ged shall, at the request of the party clla.rged, but not otherwise, be a competent witness. And the failnre to make such request shall not create be called by the defendant, but not by the State. any presumption against the party so charged, and su.cp. failure shall not be The SPEAKER. Is the.re objection? referred m by cou.nsei or the court dnnng any proceedings. Mr. BREAZEALE. Mr. Speaker, I dislike very much to do so, The SPEAKER. Is there objection? but I have some very strong objections to the general policy of Mr. SHERLEY. Mr. Speaker, I object. such a bill1 and I must object. ' The SPEAKER. Objection is made. SELECTION OF LANDS BY THE ABSE..~TEE WYANDOTTE INDIANS. LIFE-SAVING STATION AT EA.GLE H.A..RBOR, KEWEENAW POTh"'T, Mr. BOWERSOCK. Mr. Speaker, I ask unanimous consent MICHIGAN. for the present consideration of the bill (S. 2268) to authorize the Mr. YOUNG. Mr. Speaker, I ask unanimous consent for the Absentee Wyandotte Indians to select certain lands and for other present consideration of the bill (H. R. 12044) to authorize the purposes, which I send to the desk and ask to have read. establishment of a life-saving station at or near Eagle Harbor, The Clerk read as follows: Keweenaw Point, Michigan, which I send to the desk and ask to Be i t ena.cted, etc., That each living adult Absentee Wyandotte Indian have read. whose name appaars upon a. census roll of Absentee Wyandotte Indians made The Clerk read as follows: by Special Agent Joel T. Olive, as approved by the Secre1ary of the Interior it is December 7,1896, may select in person, under such rnles and r~gulations as Be enacted, etc., That the Secretary of the Treasnry be, and he hereby, the Secretary of the Interior may prescribe, from the public domain. &I &eres authorized and directed to establish a. life-saving station at or near Eagle of agricultural land wherever there may be such landS subject to entry; and Harbor, on Kewoonaw Point. Michigan, in such locality as the General Super the heirs of any deceased Absentee Wyandotte Indian so enrolled may m like intendent of the Life-Saving Service may recommend. manner select a like quantity of land m the name of their deceased aneestor, SEO. ~- That the character of the equipments and appliances of the station, and the natural or legal gna.rd:ia:n of any minor Absentee Wyandotte so en the number of men constituting ita crew, and the portion of the year during rolled may in like manner select &I acres of agricultural land for hls ward, which it shall be maintained shall be determined by the General Superin and when l&nds shall have been so selected by a.uy person entitled to make tendent of the Life-Saving Service. such selection and such selection is approved by the Secretary of the Interior, The following committee amendment was read: he shall ca. use a patent to issue in the name of the enrolled Absentee Wyan dotte by or for whom such selection has been made, which patent shall contain Strike out all of section 2. the condition that the lands covered thereby shall not be aliened without the The SPEAKER. Is there objection to the present considera consent of the Secretary of the Interior: Prot:ided, That as soon as any such selection has been made and approved the pro rata shAre of the Indian by or tion of the bill? [After a pause.] The Chairs hears none. The for whom such selection was made in the funds provided in the acts of A~t question is on the amendment. 15 1894, and March 2,1895, shall thereby become relinQuished m the Umted The question was taken, and the amendment was agreed to. States and shall beco>eredinto the Treasury as proceeds of the salesofpublie The SPEAKER. The question now is on the engrossment and lands: A nd pro1:ided. f urther, That the Secretary of the In~rior may add ~ the said census roll the names of such persons. not exceeding sevenreen m third reading of the bill. number, as he may find _Properly to have been entitled to enrollment by said The bill was ordered to be engrossed and read a third time, read special agent, Joel T. Olive. the third time, and passed. The following committee amendments were read: On motion of Mr. YoUNG, a motion to reconsider the last vote In line 8, page 1, after the word "the" at the end of said line, add the word was laid on the table. "surveyed." D.A.ll ACROSS MISSOURI RIVER. In line 9, page 1, after the word "public," add the word "nonmineral." Mr. PERKINS. Mr. Speaker, I ask unanimous consent for the The SPEAKER. Is there objection? [After a pause.] The present consideration of the bill (H. R. 11972) to authorize the Ox Chair hears none. The question is on the amendments. Bow Power Company, of South Dakota, to construct a dam across The question wa~ taken; and the amendments were agreed to. the Missouri River, which I send to the desk and ask to have read. The SPEAKER. The question now is on the third reading of The Clerk read the bill as amended by the committee, in the the Senate bill. nature of a substitut-e, as follows: The bill was ordered to be read a third time, read the third time, Be it enacted, etc., That the consent of the Government is hereby given to and passed. the Ox Bow Power Company, or South Dakota, its successors or assigns, to On motion of Mr. BoWERSOCK, a motion to reconsider the last construct across the Missouri River. from lot 3, in section 26, township U north, range S west, of the Montana. meridian, to the opposite bank of the vote was laid on the table. same river, to be approved by the Secretary of War, a. dam., causeway, and the appurtenances thereof, for water power and other purposes: Provided, HOMESTEAD SETTLEME!-o"'TS OF ROUND VALLEY INDIAN RESERVA That the plans for the construction of said dn.m. and appurtenant works shall TION, CAL. be submitted to and approved by the Chief of Engineers a.nd the Secretary of War before the eommencementof construction, and when so approved no Mr. BELL of California. Mr. Speaker, I ask unanimous con change shall be made in said plans without the prior approval of me Chief of sent for the present consideration of the following bill. Engineers and the Secretary of War: Provided further, That the sa.id com The SPEAKER. The gentleman from California asks unani pany shall construct a.nd maintain, in connection with said dam, a suitable boom and log sluice; that suitable fi.shwaya, to be approved by the United mous consent for the present consideration of the bill of which the States Fish Commissioner, shall be constructed a.n9 maintained a.t said dam Clerk will report the title. by said corporation, its successors or assigns· and shall obtain and convey to The Clerk read as follows: the United States, whenever requested to do so by the Secretary of War, clear title to such la.nd as in his judgment may be required for constructions .A bill (H. &.15011) to open to homestead settlement a.nd entry the relin and approaches to said dam for transferring boats and freight around the quished and un~osed-of portions of the Round Valley Indian Reservation, same, and shall grant to the United States a. free use of water power fo? in the State of California, and for other purposes. o~ra.ting such construction work; and to insure compliance with these con ditions tlie said company shall execute and deliver to the Secretary of War The SPEAKER. Is there objection! a. proper bond in such amount as may be fixed by him: And protJided further, Ml'. LIVERNASH. Mr. Speaker, I object. That the said company shall be liable for any damage to private property 5252 CONGRESSIONAL REOORD-HOUSE. APRIL 21 .. ' resultinl{ from the construction and operation of said dam and appurtenant co~ction of !!TI-Ch highway on said bri~ge of said railroad company is au· works, either by overflow or otherwise, and proceedings to recover compen thoriZed hereby mstead of on a separate bndge, the construction and operation sation for such da:J?-age may be instituted either in the State or Federal courts. whereof shall be subject to the conditions herein provided for such separate SEC. 2. That this act shall be null and void unless the structures herein bridge, and in such case no separate bridge shall be constructed. authorized shall be commenced within one year and completed within three ~EO. 7. TJ:!.at this ~t shall be null and void if a-ctual construction of the years from the date of approval hereof. brid&"e herem authonzed be not commenced within two years and completed SEC. 3. That the right to alter, amend, or repeal this act is hereby expressly within four years from the approval of this act. reeerved. SEc. 8. That the right to alter, amend, or repeal this act is hereby expressly The SPEAKER. Is there objection? [After a pause.] The reserved. Chair hears none. The question is on agreeing to the committee The following amendments proposed by Mr. BENNY were read: amendment. 1. Amend ~action 1, pag~ ~. lines 10 to _H, by striking out the words "or the legally constituted authontles of the City of Bayonne and the city of Eliza The question was taken, and the committee amendment was beth, as has been or may be determined by the legislature of the State of New agreed to. Jersey, and when authorized by said legislature," and insert in lieu thereof The SPEAKER. The question now is on the engrossment and the words ".when authorized by the legislature of said State." 2. In section 1., page a, lines 24and 25. and page l,line 1, strike out the words third reading of the bill as amended. "a distance of at least 3,000 feet over the deep-water portion of Newark Bay The question was taken; and the bill as amended was ordered to" and insert in lieu thereof the words "such distance over Newark Bay a.S to be engrossed and read a third time, was read the third time, will." 3. On page (, lines 7 and 8, strike out the words" at least 100 feet each in and passed. the clear " and insert in lieu thereof the words "such width in the clear as On motion of Mr. PERKINS, a motion to reconsider the last vote shall be prescribed by the Secretary of War." was laid on the table. i. In section 2, page 5,lines 10, ll, and 12, strikeout the words "or width of openings (measured at right angles to the current) at the draw or draws t,han BRIDGE ACROSS THE NEWARK B.A. Y. is," and insert in lieu thereof the words "than is or shall be." Mr. BENNY. Mr. Speaker, I ask unanimous consent for the 5. In section 4, page 6, line 9, after the word "Hudson " insert the words "~emselves without assignment or permit to others by lease, sale, or other- . present consideration of the bill (H. R.13472) to bridge the New WISe." ark Bay, which I will send to the desk and ask to have read, and Mr. PARKER. Mr. Speaker, I reserve the right to object. I also send with it certain amendments proposed by my colleague shall make no objection if the amendments just read be adopted. the gentleman from New Jersey [Mr. PARKER], to which I have The amendments were agreed to. agreed as a condition precedent for his withdrawal of opposition The bill as amended was ordered to be engrossed and read a to the present consideration of the bill. third time; and it was accordingly read the third time, and passed. The Clerk read the bill as amended by the comririttee, in the On motion of Mr. BE.J."fflY, a motion to reconsider th~ "VOte by nature of a substitute, as follows: which the bill was passed was laid on the table. Be it enacted, etc., That the boards of chosen freeholders of the counties of Hudson and Union, in the State of New Jersey, or the legally constituted REISSUE OF .A. LOST CHECK. authorities of the city of Bayonne and the city of Elizabeth, as has been or may be determined by the legislature of the State of New Jersey, and when Mr. DAYTON. I ask unanimous consent for the present con authorized by said legislature and subject to any limitations or conditions sideration of the bill (S. 2034) directing the issue of a duplicate imposed by said legislature, shall be, and they are hereby, authorized to lo of a lost check, drawn by Arthur J. Pritchard, pay director of cate, build, maintain, equip, and operate a bridge across Newark Bay in the State of New Jersey, between the city of Elizabeth, in the county of Union, the United States Navy, in favor of the Davis Coal and Coke Com ' and the city of Bayonn~l in the county of Hudson, in such manner and posi pany. tion that the portion of tne bridge herein authorized shall, between the pier The bill was read, as follows: head lines established or to be established by the Secretary of War be diStant at loast 2,000 feet from any other bridge: -Provided, That the bridge herein Whereas it ap_pears that Arthur J. Pritchard, pa:y director of the United authorized shall be built for a distance of at least 3 000 feet over the deep States Navy, did, on the 20th day of October, 190-l, ISSue a check, No. 39341, water portion of Newark Bay, to be designated by the Secretary of War, upon upon the assistant treasurer of the United States at Baltimore, Md., in · permanent stone piers to be pla-ced at least 150 feet apart, which piers shall favor of the Davis Coal and Coke Company, of West Virginia, for the sum of be in line with the current and except at the draw shall not be more than 10 $2,725.79, in payment for coal delivered to the bureaus of yards and docks and feet wide at right angles with the current, and said bridge shall contain a construction and repair, United States liavy-Yard., at Brooklyn, N.Y.: and draw or draws with two openings of at least 100 feet each in the clear, said Whereas the said check wa'3 duly received at the officeg of the said Davis draw or draws to be constructed at right angles to the channel in said bay, Coal and Coke Company, No.1 Broadway, New York, on October 27,1902, and · and said bridge shall be located and built in such manner and under such the same was forwarded immediately upon recei:{>t to Arthur Lee, treasurer regulations for the security of navigation as the Secretary of War may .P,re of the said Davis Coal and Coke Company, at Elkins, W.Va.; and ecribe; and to secure that object the parties proposin~ to build said bndge Whereas the said Arthur Lee, treasurer of the said Davis Coal and Coke shall submit to the Secretar:r of War, for his examination and approval, a de Company, does not acknowledge the receipt of said check at the office of the . sign and drawing of the briu§and a map of the location, and until the said said .compapy ~t ~lkins, W.Va., and .which said ch~ck is alleged to have been . plan and location of the bri ooe are approved by the Secretary of War the lost m trailSIIllSSlon through the Umted States mails, and the said check not bridge shall not be commence or built; and should any change be made in having been presented to the said assistant treasurer of the United States at the plans of said bridge during the propess of its construction such changes Baltimore, Md., for pa:yment; and shall be subject to the n:{>proval of the ~ecretary of War: PrO'Vided also, That Whereas the provis1ons of the act of February 16, 1885, amending section the draw or draws of sa1d bridge shall be promptly opened, upon reasonable 364:6, Revised Statutes of the United States, authorizing United States dis signal, for the passage of vessels and boats; and the owners of said bridge bursing officers and agents to issue duplicates of lost checks, apply only to shall maintain thereon, from sunset to sunrise, such lights and other signals checks drawn for $2,500 or less: Therefore, as the Light-House Board shall prescribe. Be it enacted, etc.\ That said Arthur J. Pritchard, pay director of the SEc. 2. That if at any time hereafter the interests of navigation shall re U~ited.St-ates Navy, oe, and he !5 hereby, instructed to issue a duplicate of quire tha-t the said bridge be len~hened or raised or the clear width of the said original check to the DaVIS Coal and Coke Com~ny,or, in. cru;;~said openings of the draw, or draws, m said bridge be increased, or the nature or Pritchard shall cease to be in the service of the Umted States, then the method of operating said draw, or draws, be chan,ged, the Secretary of War amount shall be paid under the provisions of section 3646of the Revised Stat after hearing may order such increase of length or height or such other utes of the United States and the regulations issued in pursuance thereof by changes as he finds necessary, which shall be made by the owners of said the Secretary of the Treasury. brid~e at their experu:e: Pr01Jided, That no greater headroom over the waters There being no objection, the House proceeded to the consid of srud bay shall be required in said bridge or width of openings (measured at right angles to the current) at the draw, or draws, than is required in any eration of the bill; which was ordered to a third reading, read the other bridge crossing Newark Bay. _ third time, and-passed. SEC. 3. That the said bridge shall be a public highway and no railroad On motion of Mr. DAYTON, a motion to reconsider the last vote shall be laid thereon except pa.ssen~er streat railroads constructed and oper ated so as not to interfere mth ordinary road travel under regulations estab was laid on the table. lished by the Secretary of War. All rates of toll charged upon said blidge MATERIALS AND LABOR ON PUBLIC WORKS. shall ba subject to the approval of the Secretary of War, and after twenty years fi•om the approval of this act no tolls for ordinary road travel shall be Mr. THOMAS of Iowa. Mr. Speaker, I ask unanimous con chn.rged. sent.for the present consideration of the bill (H. R. 13626) to SEo. 4:. That all street railroad compll.nies desiring the use of said bridge shall have equal rights and privileges relative to the passage of cars over amend an act approved August 13, 1894, entitled "An act for the same and over the approaches t.hereto upon payment of a. reasonable com protection of persons furnishing materials and labor for the con pensation for such use, and in case the owners of said bridge and any street struction of public works." · railroad company desiring such use shall fail to agree upon the sums to be paid or the conditions to be observed all matters at issue shall be decided by The bill was read, as follows: the Secretary of War upon hearing the allegations and proofs of the parties; Be it enacted, etc., That the act entitled "An act for the protection of per and equal pr1vileges in the use of said bridge shall be granted to telegraph sons furnishing materials and labor for the construction of public works," and telephone companies: Provided, That nothing herein contruned shall approved August 13, 1894:, is hereby amended so as to read as follows: prevent the said counties of Union and Hudson from lawfully building,main "That hereafter any person or persons entering into a formal contract taining, and operating a street passenger railway on said bndge, under regu with the United States for the construction of any public building, or the lations approved by the Secretary of War, to the exclusion of all other street prosecution and completion of any public work, or for repairs upon any pub railways. lic building or public work, shall b~ required, before ~mmencingsuch work, SEc. 5. That the bridge constructed, maintaine~, and operated under this to execute the usual penal oond, With good and suffiCient sureties, with the act and according to its limitations shall be a lawful structure, and shall be additional obligation that such contractor or contractors shall promptly make recognized nnd known as a post route, upon which also no higher charge payments to all persons supplyins him or them with labor and materials in shall be made for the transportation over the same of the mails, the troops, the prosecution of the work provided for in such contract; and any person, and the munitions of war of the United States than the rate per mile paid company, or corporation who has furnished labor or materials used in the for such transJ)ortation over the railroad and public highways leading to construction or repair of any publil'l building or public work, and payment E:a.id bridge, and the United States shall have the right of way for a postal for which has not been made, shall hn.ve the ril:rht to intervene and be made telegraph across said bridge. a party to any action instituted by the United-States on the bond of the con SEc. 6. If the persons authorized by said legislature to build said bridge tractor, and to have their rights and claims adjudicated in such action and shall make proper agreement therefor with the Central Railroad Company of judgment rendered thereon, subject, however, to the priority of the claim New J ersey for the rebuilding of their railroad bridge in such manner as to pnd judgment of the United State3. fulftll the conditions of this act and to afford the hi&"hway facilities herein pro "If the full amount of the !'ability of the surety on said b ond is insufficient vided for, either above, below, or alongside of sa1d Central Railroad, then, to pay the full amount of said claims and demands. then, after P.aying the upon the filing of a copy of such agreement with the Secretary of War, the full amount due the United States, the remainder shall be distl•tbuted prG 1904. 1 CONGRESSIONAL RECORD-HOUSE. 5253 rata a.mong said interveners. If no suit should be brought by the United If the Government should fail to bring suit, any contractor may States, then the person or P.ers~>ns supplying the cono/Rt?tor with ~bor and materials shall, upon a;pplication therefor, and furnishing affida.Vlt to the bring suit; and in that suit all subcontractors must be notified, Department under the direction of w:hich Eaid work has beenprosecu~ that and in the suit may have all their rights adjudicated. labor or materials for the prosecl?-tion of such work has been m;IPPlied .bY The SPEAKER. Is there objection? him or them, and payment for which has not been made, be fnrmshed With a certified COP,Y of said contract and bond, upon which ~e or they.shall J;taye There was no objection. a. right of action. and shall be and are hereby, authonzed to brmg smt m The amendments were agreed to. the name of the United States m1 the circuit court of the United States in the The bill as amended was ordered to be engrossed and read a district in which said contract was to be verformed and executed, irrespective third time; and it was accordingly read the third time, and passed. of the amount in controversy in such smt, and not elsewhere1 for his or their use and benefit against said contractor and his sureties, and tO prosecute the On motion of Mr. THOMAS of Iowa, a motion to reconsider the same to final Judgment1 and execution: Provided, That where suit is insti last vote was laid on the table. tuted by any of such creditors on the bond of the contractor it shall not be commenced until after the complete performance of said contract and final SMELTER ON COLVILLE INDIAN RESERVATION. settlement thereof, and shall be commenced within one year after the :per formance and final settlement of said contract, and not later: And promded Mr. OVERSTREET. Mr. Speaker, I ask unanimous consent further, That where snit is so instituted by a creditor or by creditors, only for the present consideration of the bill (H. R. 11586) to permit one action shall be brought, and any creditor may file his claim in such action the construction of" a smelter on the Colville Indian Reservation, and be made party thereto within one year from the completion of the work under said contract, and not later. and for other purposes. "If the recovery on the bond should be inadequate to pay the amounts found The bill was read. due to all of said creditors, judgment shall be given to each creditor pro rata The SPEAKER. Is there objection? of the amount of the recovery. The surety on said bond may pay into court, for distribution among said claimants and creditors, the full a.mount of the Mr. BAKER. Mr. Speaker, I object. sureties' liability, to wit, the penalty named in the bond, less any amount Mr. OVERSTREET. If the gentleman will withhold his ob which said surety may have had to pay to the United States by reason of the jection until I can explain-the bill is unanimously recommended execution of said bond, and upon so doing the surety will be relieved from further liability." by the Committee on Indian Affairs. The SPEAKER. Is there objection? The following amendments, reported by the Committee on the Mr. BAKER. Mr. Speaker, I object. Judiciary, were read: .AMERICAN CITIZENS A.BROA.D. After the words "United States," in line 16 of the bill, insert the words "within six months ft•om the completion and final settlement of said con M.r. IDTT. Mr. Speaker,Iaskunanimousconsentforthepres tract." ent consideration of House resolution No. 113 as amended. And a.t the end of line 25, page 3, after the word "liability," add the fol- The resolution as amended was read, as follows: lowing: . Resolved, That the President be requested to renew negotiations with the "Provided further, That in all suits instituted under the provisions of this governments of countries where discrimination is made between American act such personal notice of the pendency of such suits informing them of citizens on the ground of religions faith or belief to secure by treaty or other their right to intervene as the court may order shall be given to all known wise uniformi~ of treatment and protection to American citizens holding creditors, and in addition thereto notice of publication in some newspaper passports duly ISsued by the a.uthonties of the United States, in order that of general circulation, published in the S~te or town where the CS.rt of the public works of the State of Ohio, and now maintains and uses United States under conditions that practically exist. I do not said reservoirs as feeders for said canal and a.s a part of the public works of remember the name of the gentleman who appeared before our the said State; and Whereas the State of Ohio has flooded the lands above described and used committee, but certainly he was a good lawyer and knew what the same as a part of the public works of the State since the years1842 and he was talking about. 1844; and Mr. SHERLEY. Allow me to ask whether the bill contains any Whereas it is still necessary for the State of Ohio to maintain said reser· voirs as a. part of the public works of the State and to use and fi.ood the lands provision looking to the protection of the subcontractor? above described; and Mr. THOMAS of Iowa. Oh, yes. It gives to the Government Whereas it has recently come to the knowledge of the authorities of the a superiority of lien, and then further provides that the Govern State of Ohio that the title to the land above described is in the United States and not in the said State of Ohio: Therefore, ment may bring suit on the bond to recover its'claim, and in that Be it enacted, etc., That all the land above described is granted unto the suit the subcontractors may intervene. State of Ohio. 5254 CONGRESSIONAL RECORD-HOUSE. APRIL 21,
The SPEAKER. Is there objection? It any person shall appear at tbe proper time and ]>lace as directed by the overseer and neglect or refuse to do a. reasonable day's work according to There was no objection. his ability, he shall be liable the same a.s if he had neglected or refused to ap The bill was ordered to be engrossed and read a third time; and pal!!', or furnish a substitute, or pay the sum of money as _provided herein. it was accordingly read the third time, and passed. Under the direction of the overseer, and at his discretion, the above road tax may be performed by an able-bodied man, and a two-horse team with On motion of Mr. KYLE, a motion to reconsider the 1ast vote wagon, or a. aog team consisting of not les3 than five dogs and a sleigh, or a was laid on the table. reindeer team of not less than two reindeer and sleigh or cart. It shall be the duty of each road overseer to receipt to each person who WESTERN ALASKA. CONSTRUCTION COMPANY. performs labor on the public roads and trails of his precinct under the pro Mr. BRICK. Mr. Speaker, I ask unanimous consent for the visions of this act for the amount of labor so performed. and no person shall be compelled to pay road tax except in one precinct in the district of Alaska present consideration of the bill (S. 6088) to aid the Western during one caJ.endn.r year. Alaska Construction Company. Each road overseer shall_, on or before the 1st dayo! April in each year, re The bill was read. port to the commissioner or the precinct the names of all persons subject to the two days' road tax for the preceding year. the nn.mes of those who have The SPEAKER. Is there objection? worked out said tax, the names of those who have paid the said tax in money, Mr. ROBINSON of Indiana. Mr. Speaker, reserving the right and the names of those de~uent,_ and also all moneys received by him from to object, I will ask the gentleman if he proposes to allow some all sources, and how expend ana the account of said road overseer of the work performed by hirilself, w · ch report shall be approved by said commis time for the discussion of the matter? I desire to be recognized sioner before any final settlement shall be made with such road overseer. in opposition to the bill for at least a brief time; and unless we Each and every road ovei'Beer who shall neglect or refuse to perform the can make that arrangement I shall have to interpose an objection. several duties enjoined upon him by this act. or who shall, under any pretense whatsoever, give or sign a receipt or certificate for labor performed or money Mr. BRICK. Does the gentleman from Indiana object? paid, unless the labor shall have been performed or money paid prior to the Mr. ROBINSON of Indiana. No; I say if the gentleman will signmg or giving of such receipts or certificates, shall forfeit for every such make an arrangement- offense not less than five nor more than fifty dollars, to be recovered by an action before any j118tice of the peace within the precinct where such over The SPEAKER. The bill will have to be laid aside for the seer may reside, and it is hereby made the duty of every United States at present. The Senate bill is not at the Clerk's desk. torney or assistant to prosecute all offenses against the provisions of this act not otherwise provided for. ROAD DISTRICTS IN ALASKA. PER D:I"EM. Mr. BRICK. Mr. Speaker, I ask unanimous consent for the Road overseers shall be allowed $4 per day for all services required by this pre ent consideration of the bill (H. R. 13014:) to authorize the ap act and actually performed in their respective precincts, to be retained out pointment of road overseers and to create road districts in the dis of money paid sa1d road overseers from persons paying money or fines in lieu trict of Alaska, and for other purposes. of two days' labor, upon the certified statement of the overseers, approved by the commissioner of the precinct: Provided, That no overseer shall re The bill was read, as follows: ceive pay for more than ten days in a.ny one year, and not until he has made Be it enacted, etc., That it shall be the duty of tbe commissioner in each the return as provided in the preceding section, in duplicate, one copy to be precinct in the district of Alaska, on the first Monday in the month of April retained by the commissioner and one copy· filed with the clerk of the dis m each year, to appoint a road overseer for the precinct in which he resides-l trict court in the division in which the said precinct is situated. and create a road district in the inhabited part of said precinct, which saia Any oath required to be taken by said oversee~~ acknowledgment of bond, district shall not include incorporated cities and towns. or the filing or recording of any paper or plat auroorized by this act shall be To fill all vacancies in the office of road overseer in his precinct. free of cost to said overseer. To cause a record to be made defining the boundaries of said road district Upon application of road overseers it shall be the duty of tbe clerk of the TERM OF OFFICE AND QUA.LIFIOATION OJ' ROAD OVERSEERS. district court to furnish copies of this act and blank forms of notices warning persons to perform road work, receipts for road worll;. bond, and oath,_ and All road overseers shall hold office for one year and until their successors for overEeer's report to commissioner, the expense of whlch shall be paia out are appointed and qualified. of the fund for paying the incidental expenses of the court, and raised from Every ;P,erson appointed to the office of road overseer of any road district local licenses. shall reside in the road district to which he has been appointed, and shall, The Attorney-General of the United States is herebf directed to furnish within thirty days after he shall have been notified of hiS ap~intment, take clerks of the district court in the different judicial divisiOns of Alaska a suffi and subscribe to an oath of office obligating himself to the fa1thful perform cient number of copies of this act and other road and trail laws th& l ~kanow ance of the duties of his office, and shall forthwith cause such oath to be filed be upon the statutes relating to roads and trails in the district of for in the office of the commissioner of his precinct, and in case any such road use of road overseers in each judicial division. overseer shall become nonresident of his road district, his office shall at once become vacant. • During reading, Each road overseer shall, before entering upon tbe duties of his office, ex the ecute a bond to the United Sta.tes in a sum not less than double the amount The SPEAKER said: There are three more pages of thiB bill. of money which will probably come into his hands at any time during his Is there objection to its consideration? term of office, with two or more suraties, the amount and Sufficiency of the Mr. SMITH of Kentucky. Reserving the right to object, I bond to be ap_proved by the commissioner of the lJt"eCinct, conditioned for the faithful discharge of the duties of his office, which bond shall be by him should like to ask the gentleman from Indiana what salaries to forthwith filed in the office of the commissioner and ex officio recorder. The these commissioners are carried in this bill? approval of such bond shall be indorsed thereon by the commissioner. Mr. BRICK. The commissioners are to get no salaries. There DUTIES OF ROAD OVERSEER. is no appropriation out of the Treasury of the United States in The duties of road overseer shall be such as may be prescribed by law. this bill. It is all carried on within the Ten·itory of Alaska at Each road overseer shall keep an accnmte account of aU money re<:tclved by virtue of his office and the manner in which the same has been disbltrsed, their own expense. and to whom, and shall. on the last Saturday of March in wch year, exhibit Mr. SMITH of Kentucky. Whatpaydothecommissionersget? such account, together with his vouchers, to the commissioner for adjustment 1\Ir. BRICK. They work without pay. and settlement. Such account shall be in writing, verified by affidavit of the overseer that the same is in all respects a full and true account of all money Mr. SMITH of Kentucky. Without pay either from the Ter- received by him during the full term for which he should make settlement ritory or the United States? and the amounts expended and the manner in which they were expended. Mr. BRICK. Yes. I1' any person appointed to the office of road overseer unless unable from disease or other infirmity to discharge the duties of such office shall refuse Mr. SMITH of Kentucky. I have no objection. or neglect to serve therelll, he shall be liable to a fine of $25; but1 no person so The SPEAKER. Is there objection? LAfter a pause.] The appointed who shall have served for a termnextprecedingsuchaJ?pointment Chair hears none. shall be liable to such fine for refusing to serve if he shall have g1ven. notice in writing of refusal to the commissioner within twenty days after having The Clerk resumed and concluded the reading of the bill. been notified of his appointment. The amendments recommended by the committee were read, as Every road overseer who shall, after the expiration of his term of office, follows: neglect or refuse to deliver on demand to his successor in office, after such successor shall have been duly qualified according to law, all moneys, rec On page 4, line lO,after the word "in," insert the word "locating." ords, books, papers, or other property appertaining to such office shall be In line llstrike out "locating." · liable to a fine of not less than fifty nor more than five hundred dollars. In line 16, between the wordB "in" and "repairs,·~ insert the words "loca. Road overseers of the different precincts are authorized, and it is made tion, construction, or." their duty, to warn out all mala persons between 18 and 50 years of age who On page 5, line 00, between the words "by" and "an," insert "one day's have resiaed thirty days in the district of Alaska, who are capable of per work together with." forming labor on roads or trails\ and who are not a precinct ~e, to per In line 21 strike out "and." · form two days' work of eight nou.rB each in constructing, locating, or re On page 8,-line 2, strike out the following: "and raised from local licenses." pairing public roads or trails, under the direction of the road overseer within whose precinct they may respectively reside, or furnish a substitute to do The amendments were agreed to. the same, or pay the sum of $! per day for two days' labor, and said road The bill as amended was ordered to be engrossed for a third overseer shall receipt for the same and shall expend it in repairs on the pub reading; and being engrossed, it was accordingly read the third lic roads and trails within his precinct; and any moneys so received and not expended shall be paid over to his successor in office, who shall expend the time, and passed. same as above provided. On motion of Mr. BRICK, a motion to reconsider the vote by The overseer of roads and trails in each precinct shall give notice to per which the bill was passed was laid on the table. sons residing in his precinct liable to or charged with a road or trail tax of the time and place and the kind of work expected to be performed on the road or trail, and may direct what implements such persons shall bring with ORDER OF BUSINESS. which to perform such work. Whenever it shall happen, in consequence of sickness or absence from Mr. SULZER. Mr. Speaker, I call for the regular order. home, or any other cause, that the two days' work aforesaid shall not be per The SPEAKER. There is a short bill in regard to which ac- formed within the time specified in this act, the overseer shall be authonzed to require the performance ofeuch work at any time prior to the 1st day of tion was not taken. October then next ensuing; and in case any person shall neglect or refuse to Mr. SULZER. I reserve the demand for the regular order. do the two days' work, or furnish a substitute, or pay in monex the price of The SPEAKER. The Clerk will report the bill. two days' labor, as provided in this act, he shall be deemed guilty or a mis demeanor and snail be fined in the sum of $10 for each day refusing so to The Clerk read as follows: work upon conviction before any justice of the peace of the precinct• A bill tS. 5088) to aid the Western Alaskan Construction Company,
.• J.904. OONGRESSION AL RECORD-H·OUSE. 5255
The SPEAKER. Without objection1 the bill will be considered The question was taken; and there were-yeas 138, nays 103, ' as read a. third time and passed. answered" present" 15, not voting 120, as follows: Mr. ROBINSON of Indiana. Mr. Speaker, the bill was consid YEAS-138. ered a few minutes ago. Consent was not given to consideration, Adams,Pa. Dixon, Jackson, Md. Payne, 1 but we were trying to make an arrangement with the gentleman Alexander, Douglas, Jackson,Ohio Porter, for a division of time for its discussion. I suggested that I would Ames, Draper, Jones, Wash. Powers, Me. Babcock, Dresser, Kennedy, Powers, Mass. reserve the right to object and would interpose an objection un Bartholdt, Drisco!! Ketcham, Prince, less that arrangement could b9 made. Bates, Dunweu,1 Kyle, Reeder, Mr. BRICK. I ask unanimous consent that the gentleman Bingham, Dwight, Lacey, Rodenberg, Birdsall. Esch~ Lafean, Scott, may have two minutes' debate on the bill. Bishop, Evans, Landis, Chas. B. Shiras, Mr. ROBINSON of Indiana. The bill b.as not gone through Bonynge, Flack, Landis, Frederick Slemp, I the usual process. The Senate bill has not been read. How much Boutell, Frencb, Lanning, Smith, ill. Bowersock, Gaines, W.Va. Lawrence, Smith, Iowa time did the gentleman say he would give me? Bradley, Gardner, Mass. Lilley, Smith, Samuel W. Mr. BRICK. Two minutes. Brandegee, Gibson, Littlefield, Smith, Pa. Mr. ROBINSON of Indiana. I think the bill has not been re Brick, Gillet, N.Y. Livernash, Spalding, 1 Brown,Pa.. Gillett, Cal Longworth, Sperry, •ported to the House. Brown Wis. Goebel, Lovering, Steenerson, The SPEAKER. The regular order is demanded, and if it takes Brownlow, Graff, McCreary, Pa. Sterling, 1 any considerable time-- Buckman, Greene, McLachlan, Stevens, Minn. Burke, Grosvenor, McMorran, Sulloway, Mr. ROBINSON of Indiana. I only want ten minutes. Butler, Pa. Hamilton, Mahon, Tawney, l\fr. SULZER. Mr. Speaker, I insist on the regular order. Calder head, Haskins, Mann, Thomas, Iowa Campbell, Haugen, Marsh, Townsend, DEVELOPMENT OF AMERICAN MERCHANT MARINE. Conner, Hedge, Marshall, Van Voorhis, Mr. DALZELL. Well, Mr. Speaker, I submit the following Cooper,Pa. Henry, Conn. Miller, Vreeland, Cousins, Hepburn, · Morgan, Wachter, privileged report from the Committee on Rn1es. Cromer, Hel'IIlB.nn, Mudd, Wadsworth, The Clerk read as follows: Crumpacker, Hill, Conn. Needham, Wanger, House resolution No. 282. Currier, Hinshaw, Norris, Weems, Curtis, Hitt, Olmsted, Wiley, N. J. &solv~d. That at any time during the remainder of this session the bill Cushman, Hogg, Otis, Wright, R. (H. 70ii6) creating a commission to oonsider and recommend legislation for Dalzell, Howell. Utah Otj~n, Wynn, the de>elopment of the American merchant marine, and for other purposes, Daniels, Huff Overstreet, Young. may be eonsidored in the House as in Committee of the Whole. Davis, Minn. Hughes, W.Va. Palmer, Mr. DALZELL. Mr. Speaker, House bill 7056 was reported by Deemer, Humphrey, Wash. Parker, the Committee on Merchant Marine and Fisheries. Its title is NAYS-108. uA bill creating a commission to consider and recommend legisla Adamson, Emerich, Kitchin, Wm. W. Robertson, La. tion for the development of the American merchant marine, and Badger, Field, Kline, Robinson, Ark. Baker, Finley, Kluttz, Robinson, Ind. for other purposes.'' The bill is very short. It provides for the Bankhead, Fitzgerald, Lamb, Rucker, appointment of a commission, consisting of five members of the Bartlett, Flood, Legare, Russell. Senate and five Members of the House of Representatives, to in Bassett, Gaines, Tenn. Lever, Ryan, Beall, Tex. Garner, Lewis, Shackleford, vestigate and rep011i to Congress on the first day of its next ses Bell, Cal. Gilbert, Lind, Sheppard, sion what legislation is desirable for the development of the Benny, Goldfogle, Lindsay, Sherley, American merchant marine and American commerce. Bowie, Gregg, Little, Shober, Brantley, Gudger, Livingston, Shull, Mr. GILBERT. Is there anything said about the political af Breazeale, Hamlin. Lloyd, Sims filiation of the commission? Brundidge, Hardwick, Lucking, Slayden, Mr. DALZELL. Two members of the Senate and two Mem Burleson, Harrison, McAndrews, Srmth, Ky. Burnett, Henry, Tex. Macon, Snook, bers of the House of Representatives shall be members of the Candler, Hill, Miss. Maddox Southall, minority party. That is the whole scope of the bill. It simply Cassingham, Hitchcock, Maynard, Spight, appoints a commission to investigate and report. Olark, Hopkins, Moon, Tenn. Stanley, Clayton, Howard, Padgett, Stephens, Tex. Now, the purpose of this rn1e is to do two things. First, to Cocbran, Mo. Hughes, N.J. Page, Sulzer, make this bill in order for consideration; and, second, to make it Co::kran, N.Y. Humphreys, Miss. Patterson. Tenn. Swanson, in order for consideration in the Honse instead of in Committee Cowherd, James, Pierce, Talbott, is Crowley, Johnson, No, Thomas, N. 0. of the Whole, That the whole purpose of the rn1e. I do not De .Armond, Jones, Va. Ra.mext VanDuzer, know whether there is any gentleman who wants time on the Denny, Kehoe, Randeu, Tex. Walla.ce, other side or not. Dinsmore, Keliher, Ransdell. La. Wiley, Ala. Mr. SMITH of Kentucky. I won1d like to suggest to the gen Dougherty, Kitchin. Claude Rixey, Willlil.ms, lll. tleman from Pennsylvania that it won1d be agreeable to this side ANSWERED "PRESENT"-15. of the House, instead of taking up the time on the rn1e, to add that Allen, Gardner, Mich. Meyer, La. Richa.rdson, Ala, to the time for general discussion. Bede, Hay, Miers, Ind. Ruppert, Mr. DALZELL. The gentleman understands there is no limit Cassel, Jenkins, Patterson, Pa. Zenor. of debate in the rule. Dovener, Lamar, Fla. Pou, Mr. GROSVENOR. Mr. Speaker, will the gentleman yield? NOT VOTING-120. Mr. DALZELL. I yield. Acheson, Foster, Vt. Loudenslager, Small, Adams, Wis. Fowler, McCall, Smith, Wm. Alden Mr. GROSVENOR. I can state to the gentleman from Ken Aiken, Fuller, McCarthy, Smith, N.Y. tucky that a full agreement has been made with the minority Beidler, Garber, McCleary, Minn. Smith, Tex. members of the committee with which they are satisfied in re Benton, Gardner,N.J. McDe1·mott, Snapp, Bowers, Gillespie, McLain, Southard, gard to the limit of debate. Brooks, Gillett, Mass. McNary, Southwick, Mr. SMITH of Kentucky. All right. Broussard, GoochGlass,, . Mahoney, Sparkman, Mr. DALZELL. Mr. Speaker, I ask for the previous question. Burgess MartiJ;t Stafford, Burkett: Goulden, Metca.rr,1 Sullivan, Mass. The question was taken, and the previous question was ordered. Burleigh, Gra.n~~r, Minor, Sullivan, N.Y. 1\fr. BAKER. Mr. Speaker, a parliamentary inquiry. Burton, Griffith, Mondell, Tate, The SPEAKER. The gentleman will state it. Butler, Mo. Griggs, Moon, Pa. Taylor, Byrd, Hearst, Morrell. Thayer, l\fr. BAKER. I understand under the rules of theHousewhen Caldwell, Hemenway, Murdock, Tirrell, the previous question is ordered forty minutes is set apart for Capron, HI'ldebrant, Nevin Trimble, debate. Casto~.. Holliday, Patte~n, N.C. Underwood. Connell, Houston., Pearre, Vandiver, The SPEAKER. There has been debate, however, before the Cooper, Tex. Howell, N.J. Perkins, Volstead, previous question was moved, and there is no debate afterwards. Cooper Wis. Hull, Pinckney, Wade, Mr. BAKER. Well, I am opposed to this rule, whether any- Darragh, Hunt, Reid, Warn~L Davey, La. Hunter, Rhea, WarnOCK:, one else is or not. Davidson, Kinkaid, Richardson, Tenn. Watson, Mr. DALZELL. Oh, let ns have the regn1ar order, Mr. Speaker. Davis, Fla. Knapp, Rider, Webb, The SPEAKER. The question is on the amendments. Dayton., Knopf, Robb, Weisse, Dicker:man, Lamar, Mo. Roberts, Williams, MJsa. The question was taken, and the amendments were agreed to. Fitzpatrick, Lester, Scarborough, Williamson, The SPEAKER. The question is on agreeing to the resolution. Fordney, Litta.uer, Scudder, Wilson, ill. The question was taken; and the Speaker announced that the Foss, Lorimer, Sherman, Wilson, N.Y. ayes seemed·to have it. Foster, ill. Loud, Sibley, Woodyard. Mr. DE ARMOND and Mr. BAKER. Division, Mr. Speaker. So the resolution wa-s agreed to. Accordingly the House divided; and there were-ayes 145, noes The Clerk announced the following pairs: 101. For the session: Mr. ROBINSON of Indiana. I call for the yeas and nays. Mr. SHERMAN with Mr. RUPPERT. The yeas and nays were ordered. Mr. DAYTO~ with Mr. MEYER of Louisiana.. 5256· CONGRESSIONAL RECORD-HOUSE. · APRIL 21, -
Mr. PATTERSON of Pennsylvania with Mr. DICKERMAN. deemed necessary, and if necessary it may appoint a subcommission or sub commissions of its own members to make investigation in any part of the Mr. HuNTER with Mr. RHEA. United States, and it shall be allowed actual necessary expenses for the same. Mr. CASSEL with Mr. GooCH. It shall have the authority to send for persons and papers and to administer Mr. CHARLES B. LANDIS with Mr. TATE. oaths and affirmations. All necessary expem:es, including clerks, st,anogra phers, messengers, rent for place of meeting, and printing and stationery, Until further notice: shall be paid from any money in the Treasury not otherwise appropriated; Mr. LoUD with Mr. GoULD&~. however, not to exceed $50,000 for expenditures under this section. Mr. DAVIDSON with Mr. SPARKMAN. SEc. 4:. That any vacancies occurring in the commission by reason of death, disability, or from any other cause, shall be filled by appointment by the offi Mr. FULLER with Mr. BYRD. cer and m the same manner as was the member whose retirement from the Mr. W A.RNER with Mr. LESTER. commission creates the vacancy. Mr. CONNELL with Mr. BuTLER of Missouri. The amendments were read, as follows: Mr. DARRAGH with Mr. DAVIS of Florida. On page 1., beginning with line 5, strike out all of lines 5, 6, 7, 8, 9, 10, and~ Mr. DovENER with Mr. TRnrnLE. and the word " Speaker," in line 1, pag~ 2, and insert the following: Mr. W A.TSON with Mr. ZENOR. "Five members of the Senate of the United States and five Members of the House of Representatives of the United States, to be appointed by the pre Mr. HOLLIDAY with MIERS of Indiana, siding officer of each House of Congress, respectively: Provided." Mr. LoRIMER with Mr. MAHONEY. In line 9. page 2, strike out the word "at" and insert "on the first day of... Mr. ALLE~ with Mr. SMALL. In lines 12 and 13, page 2, strike out "and incidentally for a national ocean Mr. KNOPF with Mr. WEISSE. mail Eervice of adeqUB.te auxiliary naval cruisers and naval reservoo." In line 24, page 2, strike out the word" fifty" and insert the word" twenty. n Mr. FORDNEY with Mr. GRIFFITH. In line 1, page 3-l after the word "section," insert "to be paid upon vouch Mr. WARNOCK with Mr. RoBB. ers to be approvea by the chairman of the commission." Mr. WM. ALD&~ SMITH with Mr. McNARY. So that the bill as amended will read as follows: Mr. GARDNER of·Michigan with Mr. TAYLOR. Be it enacted, etc., That a commission is hereby created, to be called "The Mr. BEDE with Mr. BURGESS. Merchant Marine Commission," to be composed as follows: Five members of the Senate of the United States and five Members of the House of Repre Mr. AcHESON with Mr. SCUDDER. sentatives of the United States, to be appointed by the presiding officer of Mr. LOUDENSLAGER with Mr. RICHARDSON of Alabama. each House of Congress, respectively: Provided, That at least two of the Mr. BEIDLER with Mr. WILLIAMS of Mississippi. said members of the Senate and two of the said Members of the House.of Representatives shall be members of the minority ~arty. ·For this day: SEC. 2. That it shall be the duty of this coiilllllSSion to investigate and to Mr. HULL with Mr. HAY. report to tbe Congress on the first day of its next session what legislation is Mr. CAPRON with Mr. GRANGER. desirable for the development of the American merchant marine and Ameri c:~.n commerce. Mr. BURTON with Mr. BROUSSARD. SEC. 3. That the commission shall give reasonable time for hearings, if Mr. WooDYARD with Mr. REID. deemed necessary, and if necessary it may appoint a subcommission or sub Mr. Wrr.soN of illinois with Mr. GLASs. commissions of its own members to make investigations in any part of the United States, and it shall be allowed actual necessary expenses for the same.· Mr. ADAMS of Wisconsin with Mr. BowERS. It shall have the authority to send for persons and papers and to administer Mr. METCALF with Mr. WEBB. oaths and affirmations. All necessary expenses, including clerks, stenogra Mr. WILLIA.MSON with M.r. FITZPATRICK. phe.·s, messengers, rent for place of meeting, and printinJ; and stationery, shall be paid from any money in the Treasury not otherwu;e appropriated· Mr. SouTHWICK with Mr. WILSON of New York. however, not to exceed $20,000for expenditures under this section, to be paid Mr. SouTHARD with Mr. ScARBOROUGH. upon vouchers to be approved by the chairman of the commission. Mr. SMITH of New York with Mr. RIDER. SEC. 4:. That any vacancies occurring in the commission, by reason ot death. disability, or from any other cause, shall be ftlled by appointment by Mr. MURDOCK with Mr. PINCKNEY. the officer and in the same manner as was the member whose retirement Mr. MONDELL with Mr. ·pATTERSON of North Carolina. from the commission creates the vacancy. Mr. McCLEARY of Minnesota. with Mr. McLA.L~. ·Mr. GROSVENOR. Mr. Speaker, it is not the purpose to pro Mr. KNAPP with Mr. RICHARDSON of Tennessee. ceed further with the bill at this time, and I therefore withdraw Mr. HowELL of New Jersey with Mr. HEARST. the bill under the order of the House and reserve the balance of Mr. HEME...~wAY with Mr. UNDERWOOD. my time. Mr. GILLETT of Massachusetts with Mr. GARBER. The SPEAKER. The gentleman from Ohio [Mr. GROSVENOR] Mr. GARDNER of New Jersey with Mr. CooPER of Texas. reserves the balance of his time. Mr. CooPER of Wisconsin with Mr. CALDWELL. Mr. MGRRELL with Mr. SMITH of Texas. CONFERENCE REPORTS. Mr. JENKINs with Mr. SULLIVAN of New York. Mr. BABCOCK. Mr. Speaker, I submit the following confer Mr. FOWLER with Mr. AIKEN. ence reports, to be printed under the rule. Mr. MooN of Pennsylvania with Mr. VANDIVER. The SPEAKER. They Will be printed. · Mr. CASTOR with Mr. GILLESPIE. The conference ·reports and statements are as follows: Mr. PEARRE with Mr. GRIGGS. For the balance of the session: EAST WASHINGTON HEIGHT3 TRACTION RAILROAD COMPANY, Mr. SIBLEY with Mr. DAVEY of Louisiana. The com:r;nittee of conference on the disagreeing votes of the two Mr. SNAPP with Mr. FOSTER of illinois. Houses on the amendments of the Senate to the bill (H. R. 9331) For this vote: to extend the time for completion of the East Washington Heights· Mr. BuRKETT with Mr. BENTON. Traction Railroad Company, having met, after full and free con Mr. HILDEBRANT with Mr. LAMAR of Missouri. ference have agreed to recommend and do recommend to their re- Mr. LITTAUER with Mr. McDERMOTT. spective Houses as follows: _ Mr. Foss with Mr. HOUSTON. That the House recede from its disagreement to the amendment Until April21: of the Senate numbered 1, and agree to the same. Mr. ROBERTS with Mr. THAYER. That the House recede from its disagreement to the amendment For the remainder of the week: of the Senate numbered 2, and agree to the same with an amend Mr. TIRRELL with Mr. SULLIVAN of Massachusetts. ment as follows: Strike out all the matter inserted by said amend-' A-pril13 to April 25: ment and insert in lieu thereof the following: " That failure to Mr. BURLEIGH with Mr. HUNT. complete any portion of the routes as provided in the charter of From April 20 until further notice: said company within the time herein limited shall operate tore Mr. MINOR with Mr. LAMAR of Florida. peal the authority to build such portion and shall not repeal the The result of the vote was announced as above recorded. charter of said company; and that any connecting company may Mr. GROSVENOR. Mr. Speaker, I now call up the bill cov lease or purchase the portion of said routes which is completed ered by the rule which has just been passed and ask to have it within the said eighteen months;" and the Senate agree to the· re~d. same. The Clerk read as follows: J. W. BABCOCK, Be it enacted, etc., That a. commission is hereby created, to be called "The s. w. SMITH, :Merchant Marine Commission," to be composed as follows: The Secretary of ADOLPH MEYER, the Navy, the Postmaster-General, the Secretary of Commerce and Labor, the chairman of the Committee on Commerce of the Senate. the chairman of Managers on the part of the l!\Juse. the Committee on the Merchant Marine and Fisheries of the House of Rep J. H. GALLINGER, resentatives, three Members of the Senate, to be appointed by the presiding officer thereof. and three Members of the House of Representatives, to be H. c. HAN!jBROUGH, appointed by the Speaker: Pr()'l)ided, That at least two of the said Members THOMAS S. MARTIN, of the Senate and two of the said Members of the House of Representatives Managers on the part of the Senate. shall be members of the minority party. , SEC. 2. That it shall be the duty of this commission to investigate and to The statement of the House conferees is as follows: report to the Congress at its next session what legislation is desirable for the development of the American merchant marine and American commerce, The Senate amended the House bill by giving the company and incidentally for a national ocean mail service of adequate auxiliary naval cruisers and naval reserves. eighteen months in which to complete the road. As passed by· SEc. S. That the coiiUDission shall give reasonable time for hearings, if the House they were given one year. The Senate also struck out 1904. OONGRESSIONAL REOORD-HOUSE. 5257
government of the said territory, or granted by the terms of said tres.ty to the penalty clause and provided that the failure to build any por the United States, shall be vested i;n such person !>r persons and sh!!-11 be ex tion of the route within the time specified should repeal their ercised in such manner as the PreSident of the Umted States shall direct for right to build such portion. . the ~overnment of said territory and main1;AiJ!ing and protecting the i~b The House recedes from thefu·stamendment of the Senate, and itants thereof in the free enjoyment of theu·liberty, property, and religiOn. also recedes from the second amendment with an amendment Mr. HEPBURN. I yield to the gentleman from Georgia [Mr. giving the company authority to sell or lease the portions of the AnlliSON] such time as he may desire. route completed within the time specified to any connecting Mr. ADAMSON. Mr. Speaker, under the terms of the act of company. Congress autho~g the Pr~sident to ~quire from the Re~ublic of Colombia a stnp of land m perpetuity for the construction of APPREHENSION AND DETENTION OF INSANE PERSONS IN DISTRICT a canal to unite the two oceans, and also authorizing the Pres OF COLUMBIA. ident to acquire from the Panama Canal Company certain rights, The committee of conference on the disagreeing votes of the concessions, and property, the President has negotiated a treaty two Houses on the amendment of the Senate to the bill (H. R. with the new Republic of Panama, and the first power conferred 8692) to authorize the apprehension and detention of insane per upon the President has been exercised and its purpose accom sons in the District of Columbia, and providing for their tem plished. The strip has been gotten away from Colombia and has porary commitment in the Government Hospital for the Insane, come to us. We have acquired it; there is no doubt about that. and for other purposes, having met, after full and free confer The property of the canal company has been negotiated for, ence have agreed to recommend and do recommend to their re and at some time in the not distant future it is expected that we spective Houses as follows: shall come into possession of that. A commission has been ap That the Senate recede from its amendment. pointed, in accordance wit~ the terms of the act of Con!Ve~s, ~o J. W. BABCOCK, proceed with ~h~ co~struction of the canal.. .Tha~ comnnss1on 18 s. w. SMITH, studying conditions m Panama and ascertammg JUSt wha'b those ADOLPH MEYER, conditions are and just what is to be done. Managers on the part of the House. We have had considerable information from previous investi J. H. GALLINGER, gation and have examined the members of the present and pre H. C. HANSBROUGH, ceding commissions upon the subject of the necessity for imme THOMAS S. MARTIN, diate legislation. Managers on the part of the Senate. It will be borne in mind, Mr. Speaker, that our primary and main object in that country is to construct a canal. It was not The statement of the House conferees is as fellows: the primary idea of any of the promoters of the grandest scheme The Senate amended the House bill in one slight particular, pro of all the ages to go down there to exploit on the Isthmus our viding additional service upon all of the children of lawful age. notions of government, practical or theoretical, but to proceed The result of the conference report is that the Senate recedes and with the construction of a canal. leaves the bill in exactly the same language as passed by the House. It is of course expected that, as the work proceeds, the forma tive period being over, the atmosphere being cleared, our rights CO~NECTING EUCLID PLACE WITH ERIE STREET. and possessions all being clearly ascertained, the necessities of all The committee of conference on the disagreeing votes of the the problems understood, population pouring into the zone, it will two Houses on the amenament of the House to the bill {S. 2134) be necessary to legislate specifically as to the government of the to connect Euclid place with Erie street, having met, after fnll people there. But at present we do not know enough about what and free conference have been unable to agree. will be there nor what the necessities will be. There is no popu J. W. BABCOCK, lation there except such as is incident to the canal project itself- from 2,000 5,000. · s. w. SMITH. to ADOLPH MEYER, For some time there will be only those employed by the canal Managers on the part of the House. company or by the United States Government, or such as are there trading and prospecting. In view of all these facts, it is not J. H. GALLINGER, deemed essential at this time to take up the subject of civil goT s. R. MALLORY, ernment of that zone. . ' Managers on the part of the Senate. Furthermore, Mr. Speaker, it is believed that when Congress once takes up this subject and legislates upon it, it will part with GOVERNMENT OF CANAL ZONE AT PANAMA, ETC. it forever, practically. Mr. HEPBURN. Mr. Speaker, I ask unanimous consent for Theoretically we could take up the legislation and amend or the present consideration of the bill (S. 5342) to provide for the repeal it; but when Congress has acted~ when the commissioners temporary government of the canal zone at Panan;ta, the protec have gone to work, when the system has been adopted and put tion of the canal works, and for other purposes, which I will send into operation, it will be difficult to induce Congress to take up to the desk and ask to have read. the subject again for the purpose of making changes, and we The SPEAKER. The gentleman from Iowa asks unanimous shall be prone to say," Let well enough alone; we will stand pat consent for the-- present consideration of the bill, of which the on what has been done." Clerk will report the title. So we think, under all the circumstances, it is better that we The Clerk reported the title of the bill. reenact the legislation of 1803-the magnificent precedent set by The SPEAKER. Is there objection? the immortal Jefferson for the temporary government of Louisi Mr. UNDERWOOD. Mr. Speaker, Iwouldliketoask the gen ana-until Congress may have time to take.its bearings, to under tleman from Iowa how much time for debate he expects to allow stand the situation, reflect upon and study the conditions and on this matter and how much consideration? necessities, and legislate wisely and knowingly. Mr. HEPBURN. I think probably an hour of debate would The committee therefore ha3 unanimously agreed that for all be sufficient. It is reported with a unanimous report. purposes from now until the next session of Congress the bill Mr. UNDERWOOD. An hour on a side? which we have reported as a substitute for the Senate bill will Mr. HEPBURN. Half an hour on a side. be all sufficient to authorize the President, through such persons Mr. UNDERWOOD. Has it been considered by the Committee as he may choose, by whatever means he shall direct, to accept on Interstate and Foreign Commerce? the property mentioned in the authorizing act of Congress here Mr. HEPBURN. Oh, yes. tofore passed, conveyed by the treaty with Panama and purchased Mr. UNDERWOOD. And favorably reported? from the Panama Company, and proceed to ascertain conditions Mr. HEPBURN. Oh, yes. and do the initial work toward the construction of the canal. The SPEAKER. Is there objection? [After a pause.] The It is not believed that work of much consequence will be done Chair hears none. within a year. It is not believed there will be any necessity for Mr. HEPBURN. Mr. Speaker, I ask that the reading of the this legislation within a year. Senate bill, which the committee propose to strike out, be dis It is not necessary, therefore, Mr. Speaker, that we should now pensed with and that the substitute proposed by the committee in the hurry and confusion of an adjournment, enact hastily a be read. system of legislation which we shall be loath to take up and amend The SPEAKER. Without objection, it will be so ordered. in the future, even if such legislation shall have proved itself ill There was no objection. advised and improper. It would be better to await the next The Clerk read as follows: session of Congress and then knowingly do what is necessary. Be it enacted, etc., That until the expiration of the Fifty-eighth Congress, [Applause.] . unless :provision for the temporary government of the territory acquired by I yield back to the gentleman the time at my command. the Umted Stat~s from the Republic of Panama. by the terms of the treaty ratified on the 26th day of February,1904, be sooner made by Congress, all the Mr. HEPBURN. . I yield to the gentleman from Minnesota military, civil, and judicial powers exercised by the officers of the existing [Mr. STEVENS] five minutes. 5258 CONGRESSIONAL RECORD-HOUSE. APRIL 21,
Mr. STEVENS of Minnesota. Mr. BPeaker, the gentleman gress approved October 31, 1803, dm'ing the session of the Eighth from Georgia [Mr. ADAMSON] has stated so clearly and so thor Congress. oughly the :tea...C out the income from the farms? It is contended that the large in only to our people at home, but to the seafaring people, informing crease in our money circulation is due to the balance of trade in them in advance what kind of weather they will likely have in our favor. crossing the ocean, especially for the first few days. The fore It is clear that when a nation, as well as an individual, sells more casts are being wired to all parts of the country morning and than it buys, its wealth is increased. This balance of trade rep evening. In many cases these forecasts are wired t.o the postmas resents cash. Balance of trade is generally settled in cash. Of ters, and thus extended over the lines of the rural-delivery service. course it may be applied in various ways-for instance, in the We have in the Agricultural Department the only thoroughly payment of foreign debts or interest on debts. A large amount organized meteorological bureau in the world. We are not only of this money goes to foreign countries in payment of ocean accomplishing great work in this Department, but the Depart freight, but whether or not these balances are settled in gold or mentis furnishing the service of a number of scientists to lecture applied otherwise, it represents so much wealth; and if the bal in colleges and universities. Up to seven years ago there was ance of trade were not in our favor, we would, of course, have to not a lecturer on meteorology anywhere in this country. To-day meet these obligations, and instead of money coming in, money hundreds of students are being instructed along this line, and it would constantly be going out, and thus drain our supply of gold. is of great value. This bureau has recently succeeded in estab But this discussion is leading me into politics. "It is another lishing wireless telegraphy service between San Francisco and story," as Kipling says. It was not my intention to make a polit Farallone Islands. ical speech at this time. Politics are not discussed nor do poli The Department has met with great ·success in hybridizing tics enter into consideration in dealing with matters which come grains, grasses, and legumes in the various localities. The legu before the Committee on Agriculture. The one object sought is minous plants are of great importance, and under our system of to promote the best interests of this country, and politics are left agriculture we can not get along without them. In our State we to other committees and you who are experts along this line. keep up the soil by growing clover, and are now beginning to ap Nor are we limited to any certain locality. We know of noNorth, preciate the great value of alfalfa, and great credit is due the South, East, or West. Our entire attention is given to a tract of Bureau of Plant Industry. In its investigations it has discovered landcontaining3,025,600 square miles, bounded on the eastbythe a nitrogen-fixing ba-cteria (the method of artificially inoculating Atlantic Ocean. on the west by the Pacific, on the north by the soil devoid of the proper organism), thUB solving the bacteria Great Lakes, and on th~ south by the Gulf, together with Alaska, nitrogen problem; and the Department is- distributing the bac Hawaii, and a few insular possessions recently added. teria to all parts of the United States, at ·a nominal cost to the Any one part receives the same consideration as the other, re Government, in small packages of absorbent which contain mil gardless of political affiliations; and it is my purpose to give a lions of the tubercle-forming organisms. brief antline of the work and· the results accomplished by this By reviving these dry germs in a pail of water a small package great Department under the management of one of America's not larger than an yeast cake may be multiplied sufficiently to in foremost, competent, conscientious, and practical agriculturists, oculate an acre of land, and the amount of material thus obtained one whose ability is recognized not only by those from whence he is limited only by the quantity of water used in increasing the came, but all over this land-and I might add that his popularity germs; and the bacteria may be introduced into the soil either by has even swept beyond our bQrder lines into various parts of the soaking the seed in the fluid, then drying the seed and sowing, world-assisted by his able corps of scientists, recognized as the by spraying or by mixing the culture with earth and then dis greatest scientists on earth. But I am not here to eulogize Sec tributing the earth over the field. By so inoculating the soil retary Wilson or any of these men. They have established repu wherever leguminous plants fail to produce these tubercles, and tations which speak for themselves, and nothing that I could say where the soil is sopoorthat the legumes will not grow or where would extend their popularity, high standing, and reputations the soil lacks the proper organism, the land, where the life has which they so justly deserve. been taken out of it by the removal of crops and exhausted of My efforts will be to disabuse the minds of the people who may nitrogen, is restored to a high state of production. This bacteria entertain any idea that the agricultural in~rests of this country and nitrogen is substituted for nitrate of soda, one of the most are insignificant and small as compared with other interests; also expensive fertilizers in use. those who may entertain the idea that their interests have been The Bureau of Plant Industry is co-operative with more than overlooked by Congress. I will endeavor to show-and hope to forty State institutions. We are training young men. More than prove it before I get through by census reports and other pub 500 are pursuing studies along special lines, under the direction of lic documents-that the agricultural interest-s of this country are the Department, which might be properly styled a post-graduate not only the greatest but the most important to the American institution for agricultural colleges. Our scientists are attaining people. It is not only the greatest and most important interest such a high degree of learning that they are in demand in all of this land, but those engaged in agriculture are the most happy, parts of the world. contented, patriotic, enlightened, law-abiding, and most prosper The Bureau of Animal Industry inspected during the year 1903 ous people on God's footstool. And I hope also to be able to show 292,888 imported animals and 494,000 exported. It inspected and that Congress has accomplished something in their interests, and cleared 634 ships during the last year, inspecting about half a that Members of Congress have performed functions other than million carcasses microscopically, also inspecting 1,620,000 ~attle sending out a few packages of those much-abused and ridiculed going out of the Texas fever district. Under its supervision garden and .flower seed-the seed that is designated as "the seed 66.000 cars were disinfected. For sheep scab, it inspected 16,500,- that never grows." 000 sheep. It had dipped, under its supervision, 2,167,000 sheep. We appropriated $290,000 this year for the purchase and distri Out of this number 394,000 were dipped twice. It inspected bution of valuable seed. This is less than 00 for each Congres 37,183,000carcassesin theslaughterhousesatthetimeofslaughter, sional district, or it is about 1 for every $2,500of the total appro which required a close inspection of all carcasses, to ascertain priation, or $1 for every $490 appropriated for pensions, or $1 for whether they were healthy or not. As the result of that n..spec every $595 appropriated for the Post-Office Department, or $1 for tion 114.,198 carcasses were condemned. More than 59,000,000 every 970 for the Army, or 1 for every $280 for theNavy, or $1 live animals were inspected in stock yards. for every $92 appropriated for rivers and harbors last Congress, Much credit is due this Bureau for its efforts in stamping out or $1 for every ~75 we appropriated for rural free-delivery service the foot-and-month disease, contagious diseases of sheep, and cat this Congress. tle scab, as well as many other successful efforts along this line. Whether or not this is a wise appropriation I do not now care The Bureau of Soils has surveyed 133 area-s, of an average size of to discuss, except to say that great care is exercised by the De 453 square miles, in forty-two States, 60,2-32 square miles, or partment in securing the best seed, and so far as I know very few 38,516,320 acres, by twenty soil-SUl"Vey parties, at an average cost complaints are made as to the quality. It has been said that this per mile of $3.10. Ten thousand samples of soil have been col money is being appropriated for political purposes. No Member lected. I am pleased to say that counties in my district have been ~as such gross misconception of the intelligence and susceptl.Oili.ty surveyed, and the reports and maps are looked forward to with of his constituents as to entertain even a thought of gaining po much interest. I trust that other counties will be reached in the litical prestige by sending any voter a package of seed. The near future, as I know much good will come from these surveys. money is appropriated, the seed purchased and apportioned among Through the comparison and examination of the texture and ap the Members, and under the law it is a Member's duty to distri pearance of soils and climate, we discover and determine what to bute them in his district. To do anything less than that would sow and grow to the best advantage. be neglect of duty. So far as I am concerned they have been sent Much credit is due this Bureau for the discovery and successful to such names as I have been able to procure, regardless of politi experiments c.'U"ried on, demonstrating that the Sumatra tobacco cal affiliations. can be grown under cover in Connecticut and other States, and We appropriate annually one and one-quarter millions for the the Cuba tobacco can be grown in Texas and other States in the Weather Bureau. Nobody questions the value of this service, open air profitably. I am reliably informed that the cost of growing which has been extended not only into every locality of this Sumatra and Cuba tobacco under cover does not exceed S350 per country, but across the ocean, giving valuable information not acre for shade; the cloth is good for two years; posts and frame 5260 CONGRESSIONAL RECORD-HOUSE. APRIL 21, . for ten years. The average cost per year of growing this tobacco, notice has been served on this Congress to get down and dig. We including cover, fertilizing ($50 per acre), seed, sheds, lab~r, and must build good roads or get out of Congress. We must act at marketing, does not exceed $500 per acre, an acre producmg 800 once or get off the earth. to 900 pounds, selling at $1 to $1.50 per pound. Mr. Runnel, of Arkansas, serves notice in these words: In the Division of Publication year before last, 750 publications Nine-tenths of the Representatives sitting in the halls of Congress have were edited, and last year 938 publications were issued, such as agricultural constituents. A few districts in the cities send Representatives, but the great mass of men who sit here in the Capitol as the Representatives bulletins, horse book, soil publications, maps, etc., containing in of the people have agricultural constituents, and I tell you beware of that all over 23 000 pages, furnishing a medium through which the peo constituency if you want to hold your p1ace. ple get th~ benefit of valuable information, and thus disseminat I do not care to discuss the remarks of the gentleman from Ing knowledge gathered by the Department of Agriculture, which Arkansas. I fear he does not fully comprehend the intelligence expends for this purpose over $400,000 per annum outside of the of the American farmer. They are intelligent men of business $300 000 for the yearbook under the order of Congress. capacity, and when they do or want things done they want M~ch has been accomplished in the Bureau of Forestry, and things done right and in a business way; and so with good roads. great credit is due it for the extensive and valuable work .in the I will confine my remarks to the facts and the real situation as I investigation and study of th.e problems of forestry, including ~he see it. preservation and reproduction of forests, the strength, quality, Take my own State, for instance. It is estimated by Mr. supply, and enemies of woods. There are a number of other di Harper, chairman of the commi~~, that we have 10o,oqo miles visions and bureaus in the Department, such as the Bureau of of road in Iowa. I am of the oprmon that we have considerable Entomology, the Bureau of Statistics, the Division of Biology, more miles of road than this. According to tha estimates of Mr. Director of Experiment Stations, and others worthy of mention Dodge (2 miles of road to every square mile of land), we have in but which time prevents referring to in detail, However, I wish the United States 6,051,600 miles of road. to say something about the Bureau of Chemistry, and a few words It is estimated that it will cost from $2,000 to $20,000 per mile as to the Bureau of Good Roads Inquiry. to build good roads in Iowa, or an average of from $5,000 to $8,000 We are now confronted with a gigantic proposition-the good per mile. If the cost will not exceed $5,000 per mile, $500,000,000 roads bill. More than 100 very excellent gentlemen, representing is all that would be required, but I fear it would take a great the national good-roads convention which was held in St. Louis last deal more. We will compromise on $6,500 per mile, a total of April appeared before the Agriculture Committee, and not only $650,000,000. This amount is greater than the assessed valuation asked: but demanded, national assistance in the construction of of all property, real and personal, of my State. The laws of o~ roads. State provide that all property shall be assessed at 25 per cent of 1ts Let me read to you from the hearings what some of their valuation. If property has been thus assessed, the money re spokesmen had to say on the subject. First, Mr. Harper, from quired to build good roads in my State is in excess of one-quarter my State: of the valuation of all our property, including moneys and credits, Page'= We are here not only representing them and ~titionin~ you for railroads, real and personal property. this aid but we are here in the capacity of demanding It. That IS a harsh It is about $290 for every man, woman, and child, or $20 per term to'use. It mar incur opposition, b}lt we use it in this sense, gentleD?-en, and not in an o:ffens1ve manner-we use 1t in the sense that we have the nght acre for every acre of land in the State. If it is decided to make to demand something that is absolutely and excl~v~y our oWn. good roads of all of our roads in the United States, then thirty Down in the vaults of the Treasury there lies 1dle to-day $200, For diplomatic and consular, District of Columbia, Indian, legis my standpoint, the people of the United States are not going to ask Congress to build the roads for them, but simply use their scientific depa.rtment.'l to lative, Military Academy, post-office, sundry civil, deficiency, mis show them how they themselves shall build good roads; and whether the cellaneous, [permanent annual appropriations, etc., $7,570,123,- amount named in the various bills is the right amount, that is for yon gen 028 .05, or a grand total of $13,055,956,050.43. tlemen to determine. The amount required is nearly six times as great as the total Also, page 18 from the hearings, statement of Mr. Wright, of amount expended for pensions, army, navy, fortifications, rivers New York: and harbors, and agriculture, and more than twice as much as a Now, I want to say in behalf of the Stateof New York thatwedonotneed grand total of all the money appropriated for the last thirty years. that aid, but we do not want to stand in the way of our sister States. It is more than thirty-three times as great as our present interest They need not be so particular about the expense; it is simply a. method by whlch other States have been in the habit of looking to Washington for bearing debt, which is $914,541,410. It is twelve times as great aid, which we inNew York do not think proper; but just as soon as yon get as the total money in circulation April1, 1904, which was $2,516,- one road, then you have settled the whole problem. Yon can get them just 639,223, or $30.87 per capita. It is eleven times as great as the as fast a.s necessary; it comes naturally. general stock of money in the United States April1, 1904, which Also, page 12 of the hearings: was $2,793,311,428. It is nearly $400 for every man, woman, and There is but one voice, it should be done, and the question for yon gentle child in the United States. It is equal to nearly one-third of the men to decide is how it is to be done. wealth of the United States, which is $94,300,000,000. It is nearly .Mr. GRAFF. Has your committee indorsed any particular bill which is be- fourteen times the value of all the cattle, horses, sheep. mules, fore Congress? · and swine in the United States. It is almost equal to the total Mr. BooTH. No: not at all. value of imports since 1790, a period of 113 years, which was $34,- Pennsylvania appropriated $6,500,000 the last session of the 279,263,510. legislature to be disbursed in the next five years. Mr. Worrell, of If it costs $6,500 per mile to build these roads, the amount re Philadelphia, chairman of the National Association of the League quired is greater than the total value of our exports for the same of American Wheelmen, made the statement before the committee period, which was $37,863,335,440. It would be about ten times that they had secured an appropriation, but were going to use the amount of the balance of trade in our favor for one hundred but little of it; that only 16 out of the 1,500 townships had and thirteen years, which was $3,584,071,930, to build roads such taken advantage of the law. In view of these statements a:Q.d as has been suggested. - facts, the present condition of the Treasury, the limited knowl It has been suggested by some that only part of the roads edge we have on the subject, had we not better continue as we should be built, that the main traveled roads leading into towns have for a few years to use our scientific department to demon and cities should be made first class, and that the intersecting strate how to build and to carry on experiments in building roads? · roads and those in the more remote rural districts should be left We have maintained in the Agricultural Department for a few to take care of themselves, or, as has been stated by somebody, years a division known as the" Public-Road Inquiry," under the "left sticking in the mud." direction and able management of Mr. Dodge, which has devoted It hardly seems right to take the money which it is claimed be its time entirely to the work, and has given its aid in the way of longs to all the people and appropriate it for the benefit of those superintending and instructing in building good roads where as who are fortunate enough to have their farms joining these pro sistance was needed and desired. posed good roads, and I fancy that the farmers receiving no Our chemists have devoted much time in analyzing road ma benefits would protest against being taxed five or ten dollars per terials with a view of determining what material can be used to acre for the benefit of others. It is proposed that the States, the best advantage; and I have strong hopes that in time a proc counties, or communities shall pay one-half of the cost, and that ess will be developed whereby the natural materials may be util- : they are to receive this money upon certain conditions; and un ized, and will take the place of rock, cement, and other materials le s those conditions are complied with-that is, to furnish one used at the present time; and will make it possible to build these half the money, etc.-the aid will not be granted. roads at a much less cost, rather than to adopt a policy of the I take it that the cities, towns, and villages, and more densely United States building these expensive roads, and especially at populated communities, might consent to tax themselves and ac this time, when we are confronted with a deficit, as has been cept of this money; but what becomes of the rural districts and pointed out by the chairman of the Appropriations Committee. those for whom this plea is made if they decline to be taxed and Only a few days ago he stated that we had $221,000,000 in the to comply with these conditions? Some will remain, as stated, in Treasury, $1-31,000,000 of which had already been authorized, the mud; others will continue to build and maintain good roads leaving a net balance of only $90,000,000, which is smaller than as they are doing to-day at a cost of less than 5 cents an acre per it has been for a number of years. Had we not better continue year. One thing to be taken intO consideration is that it is claimed the policy of instruction and the dissemination of knowledge and that the clay, gravel, and sand roads, which we have in_many information through our chemists and through this bureau of good parts of this country, are far superior nine months out of the year roads inquiry so that the people may have the benefit of this valu to the kind of roads it is proposed to build. They are certainly as able knowledge and information? I believe it as much the duty of · good in the winter when the ground is frozen or covered with the Federal Government to aid in the construction of roads as it · snow; they are certainly superior to the macadamized roads when is in improving rivers and harbors: and believe that good roads smooth and dry; they are less wearing on horses and vehicles. are a national necessity, and that they contribute largely to our Everyone knows that a horse or vehicle in the city with paved general welfare. streets will not last one-half as long as on the country roads. · The farmers pay a large portion of our taxes. I am not pre The question as it presents itself to me is, Had we not better pared to say how much, but probably one-half. It is claimed · ascertain first if this legislation is really for, and desired by, the they get nothing in return. Some one estimated that only 5 per people whom it is claimed it is in the interest of; whether they cent of the Government money goes back to the rural districts. I are ready to entertain any such undertaking before we go head do not agree with that statement. We will appropriate this year . long into a gigantic proposition of this kind? $20,180,000 for rural free-delivery service. A large portion of the In this connection I wish to read to you from page 3892, CoN $170,000,000 appropriated for the Post-Office Department is dis- · GRESSIONAL RECORD, of March 25: tributed in the rural districts. So with a large part of the money Mr. Pou. I turned to page 1848 of the RECORD of last Congress, and I find appropriated for rivers and harbors. The $5,978,160 appropriated · there, in the list of trusts published by the gentleman from Maine [.Mr. LIT for agriculture is largely in their interests. A large portion of TLEFIELD], a corporation known as the" automobile trust," with a capital the $140,000,000 appropriated for pensions is distributed all over of $5, medium of exchange, the maintenance of a common standard of side of the Chamber as on the other. Appropriations are gener value and an elastic currency. It has stood for honor, dignity, ally viewed from a higher standpoint, and, so far as I lmow, every integrity, patriotism, Jlrogre_s, prosperity, happiness, law, and appropriation bill has been considered from ashonest and patriotic order. standpoint by ane side as the oth€r, and with as profound a view Following these princiJ>les we have prospered; we have ad of subserving the best interests of this Government. vanced along the lines of accumulating wealth, fn:rn:ishing em No party, men, or man has a monopoly on honesty, sound ployment for our labor, as well as good prices for our products; judgment, profound wisdom, pure, noble, and lofty ideals and and in everything that makes opportunities and advantages for purposes. Men are not judged by their political affiliations, pro our people. We have ~ttained that remarkable degree of Ameri fession, or vocation; no party, no men, or set of men are infalli can prosperity which is the cul.rnination of the prosperity of the ble; we are all human; some err in judgment, some in lack of peoJlle of th~ earth; but as we have advanced in population, prog knowledge of public affairs; some are deceived; possibly some ress, prosperity, intelligence, and happiness our expenses have yield to undue influences; some are coerced and are susceptible also increased. to the influences and atmosphere whicb surround them; others But, as stated, my speech of March 11, was not a political speech, may be inspired by impure motives; but on the whole members and the tables were not printed for poll tical purposes nor were any of legislative bodies are men of integrity, sound judgment, pro comparisons made between Administrations. The total appro found wisdom, permeated and dominated by noble and lofty priation by the Forty-ninth Congress, as shown by the table re idealS, with a firm determination to do justice and right, purro ferred to, was $746,343,495.51, and the total for the Fifty-seventh ing their duties with dignity and rectitude of purpose. Congress was $1,553,683,002.57. The appropriation for the Fifty Nobody will criticise the increased appropriation for pensions. seventh Congress, being under Republican Administration, is We all believe in a just recognition of the sen·ices of our sailors twice as great as that of the Forty-ninth under Democratic Ad and soldiers. With few exceptions, we believe in liberal pension ministration. In1887, our population was 59 ~'974,000, and in 1903, laws. I take it no objection can be raised to a large increase for it was over 80,000,000, an increase of about 20,000,000. In 1883, agricultural purposes. We are agreed that this money has been our imports were $723,953,114; our exports were $695,954,507, an wisely and economically expended and in the interest of a deserv adverse balance of trade of $28,002,607. In 1903, our imports were ing class of people. We all favor the very best postal facilities, $1,025,719,237, our exports t,420,141,679, with a balance of trade and so far as I know no objection has been raised to large appro in our favor of $394,422,442. The wealth of this country in 1890, priations for the Post-Office Department. was 65,000,000,000, and in 1900, it was over $94,000,000,000. We are nearly an agreed as to the large increase for the rural free With thiq enormous increase of commerce, wealth, and popu delivery service; and in this connection I wish to say a word as lation, and taking into consideration the fact that we were re to rural free-delivery service. Frrst, I wish to express my appre cently engaged in war and are now constructing the Panama ciation and gratitude to the Post-Office Department for the gen Canal, it is natural that our appropriations should increase in erous and courteous consideration; for the prompt attention and proportion. I invite attention to a few of the increases. For the friendly consideration given the petitioners in my district. The fiscal year ending June 30, 1887, under the Democratic Adminis district has been given over 160 routes, four times the average tration referred to, Congress appropriated $654,715 for agricul number in Congressional districts, which I take it is due to good ture. For the fiscal year ending June 30, 1904, under Republican roads, population, and patronage, and the petitions coming within Administration, Congress appropriated $5,978,160 for agriculture, the requirements of the regulations. In fact, it is the garden spot an increase of more than 800 per cent. For the year 1887, Con of the taeatest Commonwealth of all Commonwealths, populated gress appropriated $23,753,057.21 for the Army, and for 1904, by, I believe, the happiest, most contented, patriotic, intelligent, 77,888,752.83. In 1887, Congress appropriated 16,489,907.20 for industrious, progressive, prosperous, and law-abiding people on the Navy, and in 1904, $81,876,791A3. For 1887, Congress appro earth. priated $54,365,863.25 for the Post-Office Department, and for We all agree that the post-office bill contained no item .of greater 1004, $153,511,549.75. For 1887, Congress appropriated$82,075,200 importance than the $20,180,000 for this service which is yet in for pensions, and for 1904, $139,847,600. its infancy. Four years ago not a single route was in operation The appropriation for rural free delivery was then $10,000; this in my district-very few in the United States-a. service side year we have appropriated $20,180,000. These are indeed large tracked, neglected, and abused under D~mocratic Administration. increases, but I take it nobody will contend that either of these After these seven years of fostering, nourishing, and friendly en appropriations could be kept down to what they were fifteen or couragement by a Republican Administration it has grown from twenty years ago. While some of these appropriations have been a 10,000 appropriation to over $20,000,000. Duringthelastfiscal large and could and should have been much less, yet on the whole year 48,954,390 pieces were collected -and 390,428,128 _pieces of they have been on fairly conservative lines. The large increase in mail were delivered by Uncle Sam's 15,119 carriers; 8.339 rout.es the expenditures in the War and Navy Departments can hardly be were investigated, of which 6,653 were established and 1,714were charged up to the Republican party. On~ party must assume as rejected. On June 30, 1903, there were 15,119 routes in operatio~ much responsibility as the other. an average number of 40 for each of the 386 Contaessional dis One of the most inspiring and patriotic scenes ever witnessed tricts. On that day there were 11,700 petitions for routes await in Congress was on that day when every Member of the House, ing investigation, and on April 1, 1904, there were 22,537 rnral regardless of sectional lines or political affiliations, voted to ap free-delivery routes in operation, or an average of 59 for each propriate the $50,000,000 to carry on the war with Spain, pledging Congressional district. the lives and material resources of this nation. Democrats not With the liberal appropriation made for this service for the only voted to begin the war, to raise men and to equip armies, coming year, before the next fiscal year ends we will have in but they voted for the treaty which ended it; they voted for the operation more than 30,000 routes, extending the service to the $20,000,000 to comply with a certain provision of the treaty; they firesides of more than 3,000,000 homes. We hope in the near voted and helped to maintain our honor and dignity, and to enforce future to extend the service to every country home where it is American sovereignty. practical and possible, a recognition justly due a deserving peo We have not always agreed with all Democrats upon all ques ple, the bone and sinew of our great Republic, where love, loy· tions relative to the war; we never believed in what has been advo alty, patliotism, virtue, and morality prevail, adding much to the cated by those who were crying imperialism and militarism. We blessings, advancement, advantages, happiness, comfort, and have never agreed with some who contend that to give aid and com convenience of a people who have contnouted so much to our :f.ort to rebels in arms against the United States was maintaining progress, prosperity, stability, dignity, and peace, and who have the Declaration of Independence, nor have we contended that to always been found in the foremost ranks in our days of UDJ>leaaant put down a rebellion and maintain law and order in any part of the ness, gallantly marching on to victory in times of peace and war. United States or anypartoftheterritoryofthe United States with Nobody ha.s done more to maintain or perpetuate this grand out regard to the place or time when such territory was acquired, and splenQ.id Government of ours; nobody has responded more was imperialism; and that any use of the Army to maintian law cheerfully, freely, or heartily in times when our Government in· and order, to protect life and property, however necessary, was stitntions were in danger than have the peop1e from the farms. militarism. Yet on the whole it was the bravery, loyalty, suf Nobody rendered more valiant, heroic, and patriotic service to fering, and united efforts of all the American people that caused this country than they did. Their many noble and loyal deeds this grand and beautiful flag to float forever over land and sea entitle them to consideration. We all believe in the encourage· l'epresenting the greatest and grandest country on earth. ' ment and upbuilding of our rural districts. We want to encoUJ.loo . Party lines are not drawn on appropriations. Appropriation age our young men and women to remain on the farms, where bills generally come to the HoUBe with a unanimous report. This they do and may enjoy a greater degree of blessings, true happi· Congress has been in session five months, and during these five ness, inde_pendence, advantages, and general content than in the months five hanrs have not been consumed by discussion in opposi cities. tion to appropriations, and I venture the assertion that as much It has been suggested that we have been free in appropriating time has been conmmed in opposition to appropriations on this money for the rural free-delivery service, and that the rural dis- CONGRESSIONAL RECORD-HOUSE. APRIL 21, tricts are receiving more than their share as compared with the de 2,026,286, or 35.3 per cent, are operated by tenants. Of the total livery in the cities. In this Congress we appropriated $20,250,000 number of 5,739,657 farms in the United States, 5,537,731 have for free-delivery service already established, to pay letter carriers buildings. and substitutes; also for pay of carriers in new offices entitled Of the 16,006,437 private families in the United States, 7,218,755, to free ·delivery, $110,000-total, $20,360,000-while we appropri or 45 per cent, own their homes; 4,739!914 are free and 2,180,229 ated for rural free-delivery service only 20,180,000, which is are encumbered, 298,612 unknown; 8,246,747live in hired homes, 180,000 less than the amount appropriated for city service. The 5i0,935 unknown. urban population is only 28,411,698, or 37.3 per cent. The semi Our farm lands in the United States are valued at ______•••••• $13,1U,492,ffi6 urban is 8,208,480, or 10.8 per cent, while the rural is 39,528,398, Buildings ••.•••••••••.• ------•••••• ------····· 3, 560,198,191 or 51.9 per cent of total population. Out of the total number of 29,073,233 persons engaged in gain Total •••••••• -···-····------·-···-•••••• •••••• •••••• •••••• 16,674:,690,247 ful occupations in the United States in 1900, 81.7 per cent males Live stock valued at •••• ------···· 2, 917,703,135 and 18.3 per cent females, we find 10,381,765 engaged in agricul Total value of farm products in United States...... ~. 739,118,752 ture, 90.6 per cent males and 9.4 per cent females; 1,258,538 pro Farm machinery and implements in United States------740,293,950 fessional service, 65.8 per cent males and 34.2 per cent females; The value of the corn crop in United States alone is $828,258,326, 5,580,657 domestic.and personal service, 62.5 per cent males and which is an amount nearly equal to the value of the total produc 37.5 per cent females; 4,766,964 trade and transportation, 89.4 per tion of iron and steel in the United States, which is $835,759,034. cent males and 10.6 per cent females; 7,085,309 manufacturing Seven hundred and forty-six thousand seven hundred and seven and mechanical pursuits, 81.5 per cent males and 18.5 per cent teen farms, valued at $324,244,397,are farmed by negroes; 716,514 females. have buildings valued at 71,903,315. Of the 35,849,516, or 47.5 per cent, of total population living in Iowa, with a population of 2,231~853, or 480,878 families, aver the 10,602 cities and towns in the United States, 19,757,618, or 25.9 aging 4.6 to a family, has 228,622 farms; 220,626 of this number per cent, live in 161 cities of 25,000 or more; 4,964,091, or 6.5 per have buildings; 147,305, or 64 per cent, are operated by owners; cent, live in 356 cities of over8,000 and less than 25,000; 2,937,327, 1,581, or seven-tenths of 1 per cent, by managers, and 79,736, or or 3.9 per cent, live in 532 cities of over 4,000 and less than 8,000; 34.9 per cent, by tenants. Of the 223,525 families in Iowa engaged 1,896,705, or 2.5 per cent, live in 604 cities of over 2,500 and less in·farming, 146,844, or 65.7 per cent, families own their farms; than 4,000; 3,304:,700, or 4.3 per cent, live in 2,130 towns of over 75,161, or 33.6 per cent, hire farms; 1,520, or seven-tenths of 1 per 1,000 and less than 2,500; 3,007,075, or 4 per cent, live in 6,819 cent, unknown. towns of less than 1,000. In Iowa, out of 476,710 families, 282,760, or 60 per cent, own There are in the United States 5,739,657 farms, which produce their homes; 163,640 are free and 112!877 are encumbered, 6,243 crops valued at $2,910,138,663, of which amount each of the crops unknown; 183,053 are hired, 10,897 unknown. listed contributes the amount set opposite it in the table. Of the total number of 789,404 persons, 10 years old and over, en gaged in gainful occupations in Iowa in 1900, we find 371,604, or 47.1 Crop. Acres. Value. Value per United per cent, engaged in agriculture; 117,177, or 14.9 per cent, engaged acre. States,11XX>. in domestic and personal service; 46,814, or 5.9 per cent, engaged ------·1-----~----·1----l' ---- in professional service; 129,006, or 16.3 per cent, engaged in trade Bushels. and transportation; 124,803, or 15.8 per cent, engaged in manu- Corn ••...• ------91,916,911 Hay and forage ••••••••••••• 61,691,166 ~:~:: ~:~ -~:~~:~~:~ facturing. Cotton _____ ------··-- 24,275,101 S70,7lll,74:6 15.27 ------Iowa's products alone amounted to $365,410,528. According to Wheat...• ------52,588,574 369,945,320 7.03 622,:m, Progress of the United States. Wealth. Statistics of farms. 4 ~00~ Persons Years. Per Number Value of farms Total. square Total. Per capita. ~ngag~d and farm Value of · mile. of farms. m agr1- p!Qducts. culture. property. ~mile& Dollars. I;>oUars. Number. Dollars. Dollars. 1850.------·· ------,980,959 ~.191,876 '1. 78 7,135, 780, 000 fJ11. 69 1,449,(713 3, 967' 34:3, 580 3,()2.1),600 81,«3,321 10.00 16,159,616, Farm animals. Production of principal commodities. Year. Total value. Cattle. Horses. Sheep. Mules. Swine. Wool. Wheat. Corn. Dollars. Number. Number. Number. Number. Number. Pounds. Bushels. Bushels. 1850------····· -·-··· ·------··· ---- 644:, 180, 516 17,778,007 4,336, 719 21,773,200 659,331 00,354,213 52,516,959 100,485,944 692,071,104 1860 . --·-· --·------1, 089,329,915 25,616,019 6,2i9,174 22,471,275 1,151,148 33,512,867 60,264,913 173,10-1,924 838,792,740 1870------.------1, 822, 327, 377 25, 4:84, 100 8,248,800 to, 853, (XX) 1,179,500 26,751,400 162,000, 00) 235, 884, 700 1,094,255,000 1880 ------1, 576, 917, 556 83,258,000 11,201,800 40,765,900 1, 729,500 34,004,100 232, 500, 000 ~98. 549' 868 1, 717,434,543 1890 ------2, 418,766,028 62,801, 907 14,213,837 «,336,072 2,831,027 51,602,780 276, 000, 000 399, 262, 000 1, 489,970, 00) 19()) ------2, 228, 123, 134 43,902,414 13,5ifl,524 41,883,065 2,086,007 87,079,356 288, 630-, 621 622,229,605 2,105, 102, 516 1904." CONGRESSIONAL RECORD--HOUSE._· 5265 Progress of the Unit'ed Statu-Continued. Production of principal commodities. Year. ~------~~------~------.------.------~------~------.------~------! Production Cotton. Sugar. Gold. Silver. Coal. Petroleum. Pig iron. Steel. Copper. of minerals. Bale&. Tom. Dollars. Dollars. Tom. Gallons. Tom. Tom. Tom. Dollars. 1850 ______------2,~,718 no,526 50, (XX), (XX) 50, (XX) 8,-358,899 663; 755 650 1860 ______------4:,861,292 n9,040 46, (XX), (XX) 150,(XX) 8,513,1Z:J ·····m;OO);m> 821,223 ------7,200 1870 ______------•••••• ------8,n4,592 46,!lXl 50, (XX), (XX) 16, (XX), (XX) 82, 863, (XX} 231,951,290 1,665,179 --~---·68;750" 12,600 ---2i8,"598;994 1880 ..•••••.•••••••• ------5, 761,252 86, 000, (XX} 89, 200, (XX} 63,822,830 1, 104,017' 166 3,835,191 1,247,335 27,(XX) 369,319, (XX} 1890 •••••••••••• ------7,311,322 1=:~ 82, 845, (XX) 70,485,714 140,866,931 1, 924, 552, 224 9,aJ2,700 4:,277,071 ll5,966 619,648,925 19(XL •••••••••.• ------·····- 9,400,416 14.9,191 79,171, (XX} 74,533,495 2t0, 788, 238 2, 661, Z:JB, 568 13,789,~ 10,188,329 270,583 1, 063, 620, 548 Total manufacturing industries of the United States. Manufactures of iron and steel. Year. Number of Average Number of establish- number of Wa~esand Value of establish- Wages paid. Value of Imports. Exports. ments. employees. salar1es paid. products. ments. products. IZ3,025 957,059 $236,755, 4M $1,019,106,616 ------...... $20, 145, 067 $1,911 ,320 1850 --··------140,433 1,311,246 378, 878, 966 1,885,861,676 ------26,158,235 6,703,024 1860 ------•••• ------252,148 2,063,996 775,58!,343 4, Z32, 325, 442 ------""808" ""i40;5i4;98i- ·iW: oos: iioo- 40,273,682 11, 002, 902 . 1870 ------.------253 862 2,782,595 947,953,795 5,869,579,191 1 005 55,476,786 296,557,685 71,266,699 12,605,576 1880 ------355:415 4,712,622 2, 283,216, 529 9, 372,437,283 '719 95,736,192 478,687,519 41,679,591 25,642,208 1890 ------··------2, 735, 13,039,279,566 1900 ------.------•• ------612,734 6, 719,137 400, 848 72.'> 134,789,004 835,759,034 00,478,728 121, 913, 548 Tinplate. Manufactures of cotton. Year. Number of Imports. Production. establish- Wages paid. Value of Exports (do-l Imports. ments. products. mestic). Pounds. Pounds. 1,~ m·869,184 734,424 $00.108, 719 1850 • ------··----·-·------~------·: ------1,091 ----~~940;icil 5,681, 774 ro·0,934, 796 Z3,215,541 9956 89,0«,132 177,489,739 a, 787;282 Z3,380,053 '756 45,614,419 192, ooo, no 9,981,418 29;929,366 905 69,489,272 267' 981, 724 9,999,277 19,918,055 11 ~~~1~~~jj~~~~~~ ~~)i~m::~~~j~f~~~~ii~~~jif~:~jjjjjji~i ---·ermrm· ~~~~ill~lliiill~ 1,m5 94,009,951 B39, 200,320 24,roJ!087_ 41,296,239 Domestic exports of the United States, by great classes~ and percentage which each forms of total. Domestic merchandise exported, grouped according to sources of production. .. Year ending June SO- Mining. Total ex- Agriculture. Manufactures. Forest. Fisheries. Miscellaneous. I ports. Dollars. Per ct. Dollar8. Per ct. Dolla1·s. Per ct. Dollars. Per ct. Dollars. Per ct. Dollar8. Per ct. DoUm·s. 18(X) ------25,590,534 80.37 2,493,755 7.88 ------2,228,863 7.00 1,098,5n 3.45 429,240 1.85 m,840,903 1810------83,448,416 78.95 8,951,154 9.32 ------·------2,969,400 7.01 1,481,(XX) 8.50 516,702 1.22 42,366,675 1800------41,603,749 80.50 3,945,793 7.63 ---·------8,822, 785 7.40 2,251,(XX} 4.35 60,313 .12 51,683,6i0 1830 ------46,977,~ 80.27 6,641,016 n.35 ------·------2,661,358 4.64 1, 725,270 2.95 519,938 .89 68,524,914 1840 ------92,548,067 82.88 11,149,621 9.98 3,868,694 8.47 8,198,370 2.87 895,809 .so ill, 660,561 1850------108, 603, 713 80.51 17,~,4.56 13.03 ------iii7;ooo· ---o~ir 4:,590,747 8.49 2,824,818 2.10 1,131;409 . • 8!. 134, IKX>, 233 1851 •• ------145, 903,778 81.68 22,700,096 12.71 864,115 .49 4,188,635 2.34 8,098,775 1.73 1,864, 739 1.05 178. 6ID, 138 1852------124,375,887 80.28 21,327,247 13.77 006,371 .58 4,400, 741 2.84 2,139,244 1.38 1,781,657 L15 154; 931,147 1863------154, 239, 296 81.Z:J 24,721,560 13.02 1,100,626 .60 4, 704,394 2.48 3,166,813 1.67 1,\nl,473 LOO 189, 869,162 1864 ------••••• 170,716,858 79.28 27,834,864 12.93 1, 711,847 .79 8,636,4Z:J 4.01 2,966,310 1.38 3,461,998 L61 215,328, &X} 1855------145, (Z:J, 788 75.45 29,864,384 15.49 2,370,435 L23 8,879, 743 4.61 3,380,431 1.75 2,842,344 L47 192, 751,135 1856 ------218,290,649 81.93 31,492,616 11.82 2,180, 721 .81 7,4:74,064 2.80 3,008,348 1.25 3,691,653 1.39 266, 438,051 1867------2?Jl' 558, 727 81.59 81,605,280 11.00 2,042;437 .73 10,411,894 B. 73 3,704,5Z:J 1.83 3,683,862 1.32 278,906, 713 1858------IDl, 632, 408 80.22 OO,Cb"l,516 n.96 1,624,362 .64 10,579,417 ~.21 8,484,283 1.39 8,980,047 .1.58 251,351,003 1869------222, 909, 718 80.07 B3,884,223 12.16 1, 768,459 .63 n,396,163 4.09 4:,416,696 1.60 4,016,821 . 1.45 278,392,080 1860------1861 ______256, 560, 972 81.13 40, 340, 892 12.76 999,465 .31 10,299,959 3.26 4:,156,480 LSI 3,879,655 1.Z:J 316,242,W 149,492,026 72.96 85,953,174 1'1.65 2,885,264 LU 7,286,605 8.55 4,001,608 2.10 4,974,939 2.43 204:, 899, 616 1862 ---~ ------135, 143, 076 74.24 25,948,374 14.26 4,254,469 2.84 6,565,599 3.61 3,922,817 2.15 6,100,033 3.40 182,024,868 1863------174,580,806 69.86 41,193,721 16.48 6,154,815 2.46 ,8,901,671 "8.56 4,979,060 2.00 14,081,363 5.64 . 249,89-1,400 1864 ------147,765,862 67.00 40,594,587 18.4:9 6,480,576 2.96 10,106,386 4.00 4,290,819 1.95 10, sz:J, 4n 4.70 219,561, 637 1865------156, 662, 846 60.46 69,036.644 22.78 10,791,675 4.17 14,858,193 5.73 4, 794,989 1.85 12,980,716 5.01 259,125,063 1866 ------382,770,457 8L78 49,5n,006 10.58 9,940,927 2.12 13,454,440 2.88 3,360,865 .76 8,802,908 . 1.88 468, 040, 900 1867------289,981,616 75.17 60,895,391 15.79 5,109,946 1.82 15,636,599 4:.06 3,655,565 .95 10,466,915 2.71 385,746,032 1868------276,254,779 74.55 59,541,972 16.07 5,175,608 1.89 16,579,791 4:.48 8,710,000 1.00 9,293,588 2.51 370,555,738 1869------267, Z36, 900 72.02 66,052,506 17.80 5,881,965 1.59 16,115,298 4:.84 2,900,302 .81 12,768,148 3.44 371,045, 14~ 1870------861,188, 483 79.S5 68,279,764 15.00 5,026,1ll 1.10 14,897,963 8.Z7 2,835,508 .62 2,980,512 . • 66 4551208,3:1:1 1871------368, 466, on 77.07 83, 886, 481 17.55 5,363,418 1.12 13,338,992 2.79 2,976, 701 .62 4,083, 709 ... 85 . 478\115,292 1872 ------368, 796, 62.'> 77.41 72, 727,no 15.27 5,sz:J,607 1.12 18,384,081 3.86 3,439,561 .72 7, 750,494 1.62 476,421,478 1873 ------446, 900, 004 77.69 88,789,758 15.44 6,920,159 1.ID 22, 358, 112 3.88 3,454,426 .60 6,804,558 1.19 575,227,011 1874------501,371,501 79.16 92,353,848 14.58 6,90>,326 1.00 Z:J,627,164 3.73 8,566, 743 .57 5,515, 786 . . 87 633, 339, 368 1875------4.30,306,560 76.95 92,678,814 16.67 6,469,181 1.15 19,165,907 3.43 4,874,660 .87 5, 742,506 1.03 559,Z37,638 1876------456,113, 515 76.67 101, 637, 548 11.08 7,122,989 1.ID 18,076,668 3.04 5,806,445 .98 6,160,550 1.00 534,917,715 1877------459, 734, 148 72.63 133, 933, 549 21.16 8, 770,769 1.39 19,943,290 3.14 5, 737,879 .91 4,861,219 .77" 632, 980, 854 1878------536,192,873 77.07 IZ3,807,196 17.79 6, 732,n9 .97 17,750,396 2.55 6,434,182 .92 4,833,164 .70 695,749,900 1879------546, 476, 700 78.12 n7, 015,729 16.72 6,405,813 .92 16,836,943 2.34 6,282,368 .90 7,021,186 1.00 . ~5-38,742 1880 ------685, 961, 091 83.2.'> 102, 856, 015 12.48 . 6,863,Z32 .71 17,321,268 2.n 5,255,402 .64 6,689,340 . -.81 . 8$, 9-W, 353 1881------730, 394,943 82.63 114, !m, 219 12.92 7,401,282 .84 19, 486, ail 2.20 5,556,439 .63 6,854,013 . • 78 883, 925, 94 7 1882 ------552,219,819 75.31 134,794,346 18.38 8,175,692 1.11 25, 580, 2M 3.50 6,197,752 .86 6,2TI,S59 .86 783,239,732 1883------•• 619, 269, 449 77.00 134,228,083 16.69 10,446,719 1.00 28,636,199 3.56 6,276,375 .78 5,366,807 .67 804, 223, 632 1884------536, 315, 318 73.98 136, 372, 887 18.81 15,002,255 2.07 26,222,959 3.62 5,614,1ll .77 5,417,322 .75 724,-004, 8.1)2 1885 ------600, 172, 966 72.96 147,187,527 ID.25 15,797,885 2.18 22,014,839 3.00 5,955,122 .82 5,554,607 .76 726, 682, 9-ie 1886.------484,954, 595 72.82 136, 541, 978 20.50 13,654,286 2.05 00,961,708 3.15 5,138,806 .77 4, 713,155 .71 665, 904. 529 1887------5Z:J,073, 798 74.41 136, 735, 105 19.45 11,758,662 1.67 21,128,273 3.01 5,155, 775 .73 5,173,310 .73 703, 022, 92S 1888 ------500, 840, 086 73.Z:J 100,300,087 19.05 17,993,895 2.63 Z3,991,092 3.51 5,518,552 .82 5,218,392 .76 683, 862,104 1889 ------532,141,490 72.87 138,675, 5lJ1 18.99 19,947,518 2.73 26,997,127 3.70 7,106,388 .97 5,414,579 .74 730,282,609 1890 ------·------629, SID, 808 74.51 151,102,376 17.87 22,297,755 2.64 29,473,084 3.49 7,458,385 .88 5,141,420 .61 845,.293, 828 1891 •••••• ------642, 751, 344 73.69 168, 927' 315 19.37 22,054,970 2.53 28,715,713 3.29 6,208,577 .71 3,612,364 .41 873, 270, 288 1892------799, 328, Z32 78.69 158, 510, 937 15.61 00,692,885 2.04 27,957,4Z:J 2.75 5,403,587 .5:-l 3,838,947 .88 1, 015,732,011 1893------615,382,986 74.05 158, OZJ, liS 111.02 00,000,026 2.41 28,127,n3 3.38 5,541,378 .61 3,936,164 .47 881, 000, 785 1894------628, 363,008 72.28 183, 728, 808 2L14 00,449,598 2.S5 28, (XX), G29 3.22 4,261,9ID .49 4,400,944 .52 869, 00!, 937 1895------·-- --··-- 553,210,026 69.73 183, 1>95, 743 23.14 18,509,814 2.83 28,576,Z:JS 3.61 5,328,807 .67 4,171,974 .52 793, 392, 599 1896 ------569,879,297 66.02 228,571,178 26.48 00,045,654 2.32 83, 718,ID4 8.91 6,850,392 .79 4,135, 762 .48 SG3, roo, 487 1897------683, 471,139 66.23 277,285,391 26.87 00,804,573 2.01 4:0,489,321 3.92 6,477,951 .63 3,479,228 .34 1, 032, 0071 603 1898------853, 683, 570 70.54 290, 697' 354 24.02 19,410,707 1.60 37,900,171 3.13 5,435,483 .45 3,164,628 .26 1, 210,291,913 XXXVIIT-330 5266 . CONGRESSIONAL RECORD-HOUSE. APRIL 21, Domestic exports of the United Stateg, by great classes, and percentag~ which each forms of total-Continued. Domestic merch~ ex-ported, grouped according to sources of production. Year ending Juneoo- Agrieulture. Manufactures. Mining. Forest. Fisheries. Miscellaneous. Total ex- - ports. Dollars. Per ct. Dollars. Per ct. Dollars. Per-ct. Dollars. Per ct. DtJUars.. Per ct. Dollars. Per ct. DoUars. 1899 ---·------784,776,142 65.19 339,592, 14B 28.21 28,156,174 2.34: 42,126,889 3.49 5,992,999 .50 3,286,872 .~ 1, 203, 931, 222 19(X) ------835 858 123 60.98 433,851,756 31.65 37,843,742. 2.76 52,218,112 3.81 6;326,620 .46 4,665,218 .34: 1, 370, 763, 511 1901------~-- 943: 8n.; 020 64.62 410,932,524 28.U 39,207,875 2.68 54,317,294 3.72 7,683,353 .53 4:,510,740 .31 1, {6(), 4.62, 806 1902 ------851,~,622 62.83 403, 641, 401. ~77 39,216,112 2.00 48,188,661 3.55 7, 705.065 .57 5,265,000 .38 1, 355, 481, 861 873,322,882 62.73 407,526, 1.59 29.28 89,31J....239 2.81 57,835,896 4:.16 7,845~538 .5.6 6,429,588 .4B 1,392, 231, 002 1903 --··------I .- Historical table-Total1:alue of imports anti exports. into and from the pnitea States, 1790 to 1909 • Merchandise. Specie. Fiscal year. Excess of i.IJl,. Imports. Exports. Excess of im- Imports. Exports. ports in italics, l----~----:-----·l-----:---.:...... -:-----l ports in italics, of exports in G ld. Sil T ta.I Go, ·~ Sil T of export9 in bold-face type. 0 ver. o · 1.u- ver. ota.1 bold-face type. 17911790 ______••• ------~--______$2Zt, 000, 000 $20, 205,1.56 $!,794,8/J,._ ------·-·------····------···-······· ------···· --··········-----· 29,200,000 19,012,00 10,187,959 ------····-···· ------· ------1792 •••••••• •••••••••••• 31,500,000 20,7531098 10,7M,90t ...... ;; ...... 1793 ______------31,1.00, 000 26,109,572 4,990,148 -~------~------·-· •••••••••••••• ------179!...... 34:, 600, 000 33,043,725 1,556,!75 ------····------·-···· ...... ------·· --····-----··· ------····--······ 1795 .••••••••••• ---· •••• 69,756,268 47,989,872 St, 766,996 ...... - ············· ...... 1796 .•.• -····------81,436,164 58,574,625 !!188t,5S9 ------·- ...... ------···- ...... ···········------····· ······-··········· 1797 ------75,379,406 51,2941710 !4,08],,696 ...... -····------········ ······-····· •••••••••••• ------···· --··········--···· 1198 .••• ------68,551,700 61,327,ill 7,S2ft.,t80 ...... -·--··-·-·- --··-···--···· ---········· -·-········· ...... 1799 ...... ------79,069,148 '1'8,665,522 403,6!6 ----~---··· •••••••••••• ------····-·· --_-········· ...... ------·········· 1800.------91 252-768 70,971,7SO f()lf!801988 ...... ---········· ------··-···· ------~---- -~------1801 .... ----····------111: 363: 511 93,020,513 18,94B,998 ·····-·····- ----····--- ...... 1802... ••••••••••• ------76,333, 333 71,957,144 4,576,-189 ...... --····------······· ------···· --·········· ...... ----······---·-- 6!,666,666 55,800,03a 8,866,6~!J --········-- --····----·· -----···------···· --····------·······------····---- . i~::::::::::::=: 85, Bisto1·ical table-Total value of im.ports and exports into and from, the United States, 1790 to 1903-Continued M.ercllandise. Specie. - Fiscal year. Excess of im- Imports. Exports. Excess of im- ports in italics, ports in italics, Imports. Exports. of exports in of exports in bold-face type. Gold. Silver. Total. Gold. Silver. Total. bold-face type. 1879.------$445, 777' '175 $710,439,441 $264,661,666 . ~,624,948 f14,6n.,062 $20, 296, (XX) 4,587,614: $20, 409, 827 $2:1:, 997, 441 $!,701,«1 1880 .. ------·------661,954,74.6 835 638 658 167,683,912 , 758,396 12,2i5,9H: 93,034,310 3,~,025 13,503,894 17,142,919 . .75,891,391 1881 ••. ------642,664,628 002: 877: 34.6 250,712,718 100,031,209 10,544,~ no, 575, m 2,565,132 16,841,715 19,403,847 91 168,650 1 724,639,574 750,542,257 25,902,683 34, 377' ffi4 8,095,~ 42,472,390 32,587,880 16,829,599 49,417,479 6,945,039 1883= == =: ::::::::::: ==== 723, 180' 914: 823,839,492 100,658,488 17'' 734, 149 10,755,242 28,489,391 11,600,888 20,219,445 3t,820,333 3,380,942 1884:.------667' 697, 693 740,513,609 72,815,916 22,831,317 14,59!,945 3'jI 426, 262 41,081,957 26 ().)1 £36 67,13J,383 29,707,121 1885.------5771 5Z7 1329 742 189 755 164,662,426 26,691,696 16,550,627 43,242,323 8,~i7,892 33:753:633 42,231,525 1 010,198 1 635, 436, 1.36 679:524:830 «,088,694 20,743,349 17,850,007 88,593,656 42,952,191 29,511,219 72,463,410 83,S69,7M 1887:::::::::::::::::::: 692, 319,768 716, 183,211 23,868,4!3 42,910,601 17,260,191 60,170,792 9, 701,187 26,296,50! 35,997,691 14,17S,101 1 723,957,114 695, 95!, 507 2B,OOB,607 43,934,317 15,403,669 59,337,986 18,376,234 28,037,9!9 4:6,4U,l83 1.2 923,808 1889=:: ::::::::::::::::: 745, 131, 652 742,401,375 ! 730,!77 10,284,858 18,678,215 28,963,0i3 59 952 285 36,689,248 90,641,533 67,~78,460 1890 ____ ------789,310,409 8571 828, 684 68,518,275 12,943,342 21, 032, 984: 33,976,326 17:t74:4:91 34,878,929 52,H8,420 18,172,094 1891.------8«, 916, 196 884:, 480, 810 89,564,614 18,232,567 18,026,880 36, 259,44:7 86,362,654 22,590,988 108, 953,642 72,694-,196 189'3 ______------827, 402, 4:62 1, 000, 278,148 202,876,686 4:9,699,454 19,955,086 69,65-i,540 50,195,327 32,810,559 83, .Area and popl,lation of the principal countries of the world and their total foreign commerce and commerce with the United States. Foreign commerce. Commerce with the Popula- United States. Area Popul&tion. tionperl------~------~------~------1------~------Countries. in square miles. s~~=.e Excess of Exports Imports into .lJ.LlW Year. Imports. Exports. exportB ( +) or from United United imports (-). States to- States from- Argentina ....• ------.•.... 1,135,840 4:, 794,(XX) 4:.22 1902 Australasia: 3, '172, (XX) Commonwealth....• ------ 2,972,573 1. !r{ 1901 206, 504, (XX) 241, 795, (XX) + 35, 291, (XX) } 80: 569 314 17,001,375 New Zealand .... ---·------·------10i,751 788,(XX) 7,52 1901 57,512,(XX} 62,687,000 + 5,175,(XX} I I Austria-Hungary------241,333 45, 400, (XX) 188.14 1902 349,283,(XX) 387,626,(XX) + 38,243,00) 6,672,580 10,003,346 Austria...... • ------.••••.• ---··------115,003 26,151,00) 125,400 19 255 (XX) 225.63 ------·------·--·------·------11,373 6:694:000 ~:g~ --·ioo2·-- ---439~282; Progress of the United States 18()(}-1909. Public-debt statement. Coinage. Com- Money in circulation. 1------~------~---1------~------1 me~ 1------~------~------~------~------~------~----~------~--- Year. Interest- Annual Per G ld Silver ratio,cial ~ Silver UnitedStates National- Miscella,. Total Per bearing interest cap- co~ed. coined. silver Gold. c:uld ~r- certifi- notes bank neous money in cap- debt. charge. ita. to ca. s. cates. (green- notes. currency. circulation. ita. gold. oacks). ----1------t------t ~m==== ~:r+~:~ SiJ:~::ii $0:t ~r:: r::~ ~:~ S1J:~:~ ======~======~:~:~ ~:~:~ ~:~ 1-j~~ d:~:m ~:i:i ~~ ~;m:m tl: ~ ~: ~ ill:m:m l\l\ln~~= =~lll~~j)\j j)JJl~~~ll~ !\!!~~;;;)) ~:~:i m:m:i ~H iii! IIiI Jill illlill.lillil -1111 iii!iiiiiii iiiiiiiiiii iiiiiiiiiiil·l:lllllil I1863---- 707,531,634 41,8M,H8 1.25 22,«5,482 800,268 15.37 25,1XXl,IXXl ------·------· fr2,481,418::.!ill!~ ---·------257,912,620 595,394,038 17.84 1864 ____ 1,359,930,764 78,853,487 2.32 20,081,415 009,917 15.37 25,000,(XX) ------·- 415,115,990$31,235,270198,290,218 669,00,478 19.67 1865 --·· 2,221,311,918137,742,617 3. 96 28,295,108 691,005 15.44 25,1XXl,IXXl -----·---·- --·-···---- 378,916,742 j l46,137,~164,648,393 7U, 702,995 20.57 1866 ---· 2,332,331,208~;008,196 !.12 31,!35,94.5 982,400 15.!3 25,(XX),(XX) ...... 327,792,0051276,012, 7:!o 44,683,226 673,488,244 18.99 1867---- 2,248,067,388133,892,451 3. 8! 23,828,625 908,876 15.57 25,1XXl,IXXl -·------·---· 319,!37, 7021286,763,961 00,790,!06 661,992,009 18.28 1868 ---· 2,202,ffia, 728128;459,598 3.48 19,371,388 1,074:,343 15.59 25, Fourth Iowa Congressional district. [Compiled by J. G. Pepper, Bureau of Statistics, Department of Agriculture.] - Percent Number Per cent Number Number ofiNumber of Percent Farms ofiFarms of Area in Total pop- Rural pop- of rural Number of farms farms farms of farms 500 acre3 OOJ j -- I of farms with of acres operated 1 _,. - s:lJi'e~~ ulation. ulation. popula- of farms. with to the operated rented for and less acres or tion. buildings. build- by than more. ings. farm. by owners. ~~~ owners. 1,00J. The United States---- 2,970,038 76,300,887 ------5, 739,657 5, 53'1. 731. 96.7 H8.6 8, 713,871 2,026,286 64.7 102,547 47,276 The State------···· 55,475 2,!m.,853 ------·-- 228,622 ~.626 00.5 151.2 148,836 79,736 65.1 2,818 340 'l'be district..•••• .-•.•. 5,6Zi 195,815 --··w;782- --···oo:a· ~.026 22,467 97.6 152.8 17,416 6,610 75.6 192 14 Allamakee ------···-- 615 18,711 13,593 72.6 2,008 2,~ 98.5 161.9 2,094 274 88.4 35 5 Cerro Gordo--·--·---- 666 00,672 10,534 6LO 1,957 1,907 97.4 180.6 1,250 707 63.9 29 a Chickasaw--········-- 485 17,001 11,585 68.0 2,197 2,128 00.8 141.7 1,679 518 76.4 15 -·-······i Clayton ------··---···· 745 27,750 19,007 69.6 3,818 98.4 138.6 2,684 634 80.9 00 Fayette ..•••••••••..•.. 700 29,845 18,657 62.5 3,261 ~·~ 97.1 136.6 2,365 896 72.5 10 1 Floyd··----·------· 494 17,754 9,981 65.9 2,054 1:976 00.2 147.9 1 290 764 62.8 13 1 Howard------·-·· (60 14,512 8,754 60.8 1,708 1,671 97.8 170.5 1:270 (38 74.4 19 Mitchell ...••.•••••.••. 470 14,916 9,660 64.7 1,718 1,665 96.9 168.0 1,278 «0 74.4 21 ------··-i Winneshiek. __ ------671 ~.731 17,ll9 '12.1 2,960 2,002 98.0 143.0 2,400 MO 81.8 00 2 Worth_-----·--·--·---- 898 10,887 8,642 79.4 1,485 1,452 96.4 167.7 1,086 899 73.1 10 -···------Value of farm property. Percent Total acres Improved im- in farms. acres (in proved Landandim- Implements Total for all farms)~ ~rovements (ex- Buildings. andma· Livestock. farm prop- acres. cept buildings). chinery. erty. The United States.------· •••.•••..••••. Sfl,001,546 414,793,191 49.3 $13, ll4, 492, 006 $3, 660, 198, 191 $761, 261, 550 $3,078, ooo, on $20,614,001,4.38 The State-·-·------•••••• ------···· 3!,574,337 29,897,552 86.5 1, 256,751,980 240,802,810 67,960,660 278,800,096 1, 834., 345,646 The district ------.••• ------•..• ------· 3,608,744 2,800,124 80.7 118,0i8,«0 26,547,820 6,42!,800 24,469,4Z7 175,490,487 I Allamakee .••••••••.•.• ··------•...•••.•• 383,324: 223,256 8,389,430 2,284,690 627,670 2,ll0,468 13,412,258 353 188 314,068 ------13,272,9:1 2,384:,700 6{(),200 2,610,463 18,907,625 Cerro Gordo.·-----••..•• ------·----·----·------~-- Chickasaw __ ------··------au:~ 255,930 ------11,594,740 2,~.060 589,290 2,251,826 16,765,916 459,892 314,776 ----·····- 13,826,980 3,965,MO 898,390 3,217,318 21,908,228 «5,ll8 356,848 ----······ 15,210,4:00 3, 756,290 828,120 3,592,448 23,387,278 003,843 278,641 ------11,533,300 2,384,000 614,.370 2,lm.,362 16,733,072 f~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~:::::~ 291,263 257,938 ------9,800,150 1,971,910 607,600 1,987,949 14,267,639 Mitchell _--- --· ---· ------·-··· ---····------288,600 257,107 ---- ...... 11,~,630 2,181,900 2,083,764 16,139,844 Winneshiek ----- ____ ----•••••••• ---·--•••••• 428,221 338,358 ------14,288,410 .3,626,140 rai·~ 2,941,096 21,587,626 Worth ___ ---·--.--·-- ____ ••...••••.••••.••••• 249,081 ~.292 ------8,809,130 1,662,570 436:570 1,472,731 12,381,001 Number of work Value of products. Expenditures. Number of neat cattle. I animals. Not fed to live Fed to live Cal vee. steers, I Heifers and stock. stock. Total. Labor. I Fertilizers. and bulls. cows. I Horses. Mules. The United States------·--- $3,764,177,706 $974,941,046 $4,739, ll8, 752 $365. ooo. 921 I $54,783 .. 757 31,906, 6041 a;, 915, m Its, 28tl, 001 3,~71.121 The St&te ·------·-- 263, 388, 488 102,023,040 365, ill, 528 16,375,670 337,100 2,890, 875 2,476,755 1,392,573 55,74':' The district---··--···-••..•• 25,695,322 10,014,369 35,709,691 1,~.900 29,680 254,088 264, Zl2 125,183 1,029_ Allamakee ------••..•. 2,268,083 877,74.8 3,145,831 173,130 1,600 21,635 23,881 10,912 62 Cerro Gordo....•.••.•. ----·- 2,8ll,297 1,096,406 3,907, 703 189,780 420 30,555 22,624: 12,696 130 Chickasaw ---····-··----··-- 2,280,213 889,283 3,169,496 151,410 1,5ro ~.797 28,213 12,266 76 Clayton ..••••..•• ------·----· 3,398,416 1,325,382 4,7~,798 259,200 7,480 29,184 35,586 16, 261 178 Fayette---···----••..•• ---·-- 3,256,824 1,270,161 4,526,985 229,670 700 37,544 40,010 17,925 200 2,559,415 998,172 3,557,587 14.8, 900 ll,430 21,007 21,260 11,637 77 Ifg~~d-: ==:=:: :::::::::::::: 1,901,899 741,740 2,643,639 133,920 2,590 21,687 22,196 9,666 77 Mitchell_---··-••..•• ______2,326,906 907,493 3,234,399 :nl,780 500 22,229 00,193 10,243 96 Winneshilk ______. ----- •..... 3,225,513 1 1 257 950 4,483,463 801,300 2,00) 29095 31,952 15,329 70 Worth ______--·-----·------1,668, 756 650:034 2,316,790 135,810 1,400 17:395 18,317 8,248 63 Dairy products. Number of Value of Value of ani- sheep, Number of live animals mals slaugh- Number of Value con- all ages. swine. sold. teredon farms Value of all IPer cent the farm. I Total value. I sumed ort sold. sold. reporting. farm. I The United States--···----·-- 61,625,811 62,876,108 $722,913, ll4 $189, 878, 310 4,514,210 $472,369, 255 $190, 739,297 1281,629,9581 .... The State------1,006,718 9,7~,790 113, 078, 523 8 448 938 210,276 27,516,870 8,697,868 The District ••.•••••...• ----·- 119,254 866,631 9,558,229 '773:070 21,710 4,198,226 870,_'508 1~:~:m ------~~:~ Allamakee ------·--·-···--·-· 7,133 87 835 960,034: 86,569 2,262 427,940 88,886 339 ffi4 Cerro Gordo .•••••••.•••• ---·-- 18,170 1 065 908 60,926 1,845 305,617 77 ll6 228'501 -----·-·-· • Chickamw ----·------6,re3 ~:~ '810'682 76,379 2,024 438 004: 70:814 368:590 ------··...... 14,44.3 172,366 1,496:229 142,065 3,152 516:098 107,680 408,418 ------13,619 119,475 1,414,836 106,671 3,077 623,373 105,483 517,800 ------if~~:::::::::::::::::::::::: 13,825 67,777 135 756 «,735 1,883 354:,041 79,373 Z74,668 ---··----- Howard .• ------· ____ 12,407 66,312 oo;413 60,438 1,6ll 296,776 72 371 224,4ffi ------Mitchell._-----•••..• ·----- ____ 10,743 62,889 761,665 48,595 1,629 354,582 so:738 273,844 ------Winneshiek ------13,618 117,286 1,218,874 106,778 2,804 586,416 126,188 460,228 ------·-·· Worth .••.. ____ ------8,473 80,917 452,802 49,914 1,~ 294,479 62,359 232,120 ------ Milk. Butter. Pounds of cheese Gallonslro- Gallons sold. Gallons con- Percent Pounds made. Pounds con- Percent duce sumed. sold. Pounds sold. sumed. sold. made, The United States ••..•••••.•••••.•••••• 7, 266,392,674 2, 134,915,312 5, 131, 477, 362 29.4 1,071, 745,127 518,139, 026 553, 600, 101 48.3 16,372,330 The State ----··· ------•••.••••..•.••.•.• 635, 872, 240 214,338,M2 321,533,798 40.0 61,789,288 33,266,912 28,522,376 63.8 306,428 The district .•...• ------·-· ••.•••••••. 76,265,781 35,103,250 41,162,681 45.9 5,894,485 3,678,690 2,215, 795 62.4 54,244 Allamakee ------••..•.••..••••••• 7,916,048 3,854, 751 4,561,297 -----·---- 600,519 813,300 807,216 ...... ----- 7,234 Cerro Gordo··-······-----·------6, 765,199 1,683,863 4,181,836 ------852,935 695,517 257,418 ------1,591 Chickasaw •....• ------·· ------8,621,506 5,576,813 8,044,693 ------450,747 358,729 92,018 ------10,786 10, 234., 538 7,0i8,688 3,187,850 ----··---- 514:,002 276,978 237,324 ------7,646 11,686,574 9,098,781 2,m,793 ------287,716 131,473 156,243 ------00,502 6,481,972 1,819,900 6, ,072 ------836,421 696,608 239,813 ------6,848 fE;~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 6,712,370 1,509,610 . ,,202,760 736,946 519,555 217,391 ------·· Mitchell. ____ ---·-- ____ --·------·-·· 6,423,lffi 1,077,561 f.345,544 ----·------·------200,264 72,169 218,095 Winneshiek __ ....•.••.•• ----••.•.••••.•• 9,271,628 1,995,354 ,276,274 ---·-· ---- 888,169 625952 362,217 Worth ...... ----·-•..... ·------·--· 6,252,841 2,639,929 2,712,912 --···· ---- 416,466 288:406 1_28,060 :::::: ==== !····-· ---~ r 5270 CONGRESSIONAL RECORD-HOUSE. • APRIL 21, . Fou1·th lowa Congressicnal district-Continued. Number of Corn. turkeys, Value of one One year's Number of Bushels of chickens. d year's crop crop of eggs, Bushels ge~~~~ of poultry. 1iozens. Acres. Bushels. per acre. barley. The United States------~.598,()&1) 17,083,588 $136, 891,877 1, 293, 819' 186 9!,916,911 2, 666, 440,279 28.1 119,634,877 The State ______------~ 18,007,673 1.135,670 9,491,819 99,621,920 9,8M,076 383, 453, 100 39.1 18,009,060 The district____ ------1,952,829 109, 7« 852,213 10,371,840 704,073 27,647,090 39.2 2,669,360 1------ll------+------1 Aila.makee _------185., 700 6,744 65,932 974:,800 50,639 2,106,680 193,~ Cerro Gordo ______------169,660 12,563 95,960 919,370 99,235 3, 758,310 269, Chicka~aw ------113,870 11, 'l26 82,048 001,~ 62,191 2 004 660 175,900 Clayton------286,467 14,887 132,123 1,710,150 82,599 3'607'270 246 350 14,:?39 1.25,765 1.315,690 96,879 3:tm:61o 228:'9oo 10,~ 82,734 1,005,600 84952 3,249,300 223,560 U!it~~::::::::::::::::~::::~:::::::::::::~:::: ;~ 9,827 63,795 617,4:10 52:701 1,963,850 212,280 1\fitchell ------151,986 8, 4(J{ 62,Z34 759,380 55,519 2,253,83) 551,200 Winneshiek ....• ------.------268,534 12,278 85,412 1,508,920 M,928 3,151, 750 343,g2() Worth------125,:962 8,700 66,212 099,110 38,400 1,529,800 2Z3, 760 Oats. Wheat. .· Tons of Tons of Bushels Bushels timothy hay. clover hay. Acres. Bushels. per acre. Acres. Bushels. Iper acre. The United Sta.tes •••.•• ------29,539,698 943,389,375 31.9 52,588,574: 658,534,252 12.5 35,624,395 5, 167,188 The State ...... ------·------·---- 4,695,1391 168,364,170 35.8 1, 689, 7()) 22,769, 440 13.5 3, 823,133 229,326 The district_------~------~---- 707,651 26,630,00) 37.6 62,!25 908, 350 H. 5 442, 312 38,200 ~------~------1 --- 1 ------l~------1------Allamakee ------· ___ _ 47,4:16 1, 700,080 7,575 117,200 48 958 8,200 Cerro G-ordo------·------00,745 3,525,620 5,846 91, 300 as: 373 1, 900 Chickasaw ------72,14-2 2,962,690 2,599 ~~ ~~ ~ Clayton ------_------· ______------72 062 2, 782,010 10,096 132,750 59,450 6, 70S 75:562 2, 782,950 3938 59, Apples, Grapes, Strawberries, Valne of all Valu-eofallor- Irishpotatoes Valneofforestl Tobacco, bushels. pounds. quarts. small fruits. cha~~t~~- bushels. ' products. pounds. :----- The United States.•..... ------175,397,626 1,001,013,4:07 257,437,523 $25,000,877 $83,751,840 273,328,207 $109,989,8681 868,163,275 TheState ....•. ------·---- 3,129,862 1,403,900 3,164,3ro 878,447 1,1*1,767 17,005,919 3,266,449 127,420 The district------95,637 134:,00) 493,290 93,382 55,995 2,233,836 679,294 102,4:10 l ----~~- l -----~~ :------l ------~------1 ------:~------:-----~- .Alla.ma.kee...... 10,439 25,!lXl .33,3X> 8,562 6,109 189,666 118,250 6,000 Cerro GordO------10 1.25 4,:n:l 48,200 9,069 4,'i62 180,825 9,192 ...... ----·------ChickasaW------11:143 3,100 35,,65()~ 9,169 4,81£ 184,553 53,720 Clayton .. ------27,339 59,600 38 15,875 17,169 292,923 169,421 ------oo:mo 1 1 10,869 251,625 117,392 3,610 4,061 253,506 36894 ~ti!~::::~:::::::::::::::::::::::: l~~ ~:m ~m t~ 1,755 170,968 26:613 ------·------Mitchell______2,359 9,600 87,360 8,897 1,542 3J8,827 20,371 ------"""i50 Winneshfik______5,960 15,500 82,940 11,006 3,669 228,642 110,087 ____ ,______26,640 ,.. Worth------·----- 1, 702 1,500 7,400 2,928 1,243 1i2,001 17,354 Foreign born in United States and Iowa in 1900, exclusive of Alaska and Hawaii. England. , Germany. Ireland. Denmark. Norway. Sweden. Total. United States---·------·------ 842,078 2,666,()9() 1,618,567 154,284 336,985 573,040 10,356,6!4 Iowa.------·--.--·------.------·------·--·- 21,02'7 123 162 28,~1 17,102 25,634 29,875 005 920 Number of foreign parentage in Iowa--·--·------42,055 sm:1~ 87,232 32,4.89 58,993 57,188 'i~:~ Counties in Fourth Congressional district of Iowa. A.Illl.makee _. __ ..•• ------~·------·------. --·- 93 1,351 626 li 950 153 3,511 Cerro Gordo ------·------·------·------ 362 940 350 248 418 182 3 055 Chickasaw ------164: 1,405 345 29 242 15 2:~01 Clayton ------___ _ 100 2,816 396 3 400 ~ 4,561 Fayette ------312 1, 7.55 387 67 399 111 3,952 • 100 1,~~ 109 16 70 35 2,U20 ~g~~rd- ~= :::::::::::::::::::::::::::::::::: ==: ::::::::::::::::: 100 27'1 M 298 19 2, 4-66 Mitchell ______------·------__ _ 163 9H 117 110 694: 123 2,373 Winne hiek ------·------·------___ _ 110 7 283 25 2,839 65 5,155 Worth.. ------•. ------·------·------.---- ts 383 33 U2 1,729 11.2 2,697 l------1------l --~------l ------l ------~------~---~-- Total _------______. ----- ____ ·--- ___ _ 1,';4.1,) 12,848 2,983 7081 8,129 937 33,091 Total illitemte population 10 years of age o1· over. Native Foreign Foreign County. .Aggregate. pa.ren.ts. parents. white. Colored. Allamakee. __ -·-- ____ ------____ ---- ___ ------·------. ----· 615 63 no 502 18 31 215 ------6 Cerro Gordo------__ ------·-·------·------.------·- 270 __ ..,,. ______Chick saw ______---- ____ ------·- _------_------·------·------IDt 39 38 221 Clayton ______------_____ .... _---·- ___ .---____ ---.------_ ..... ------690 149 111 430 84 M 267 ------""4 JiJ;J~~:::::::~:::::::::~:::-=-::::::::-=:.~:::::::~::::::.:::::::::::=:=::::::::::::::::::: ~ 56 00 172 --·------· Howard ------·------·------·------·------232 16 46 110 ------···a 1\fitchell. ------____ ------____ ------____ ------____ ---- 176 21 26 126 Winneshiek _--·------______------____ ·------___ ------872 4.4 88 74D ------2 Worth __ ----·------·------~------355 6 23 324 I ------: ------1------~------: ------Tota.l ------4,241 j 496 557 3,1731 15 -1904. CONGRESSIONAL RECORD-HOUSE. 5271 Farm, homes in }i'ourtk Congressional district- of Iowa. Tomlnrum- b beroffami- Number of Num er Eneum County. lies. homes. -free. bered. 2,825 1,256 9 274: n 1,!98 1,910 506 1.2 f!J7 -6 2,300 2,0'16 805 .00 M8 4 1,518 3,001 1,452 26 635 22 2,001 3,262 1,~ 24 842 33 3,005 ~ 19 -702 8 2,022 563 16 434: 8 1,293 1,661tm 70i 3 387 '9 1,572 2,920 1,421 18 .476 10 2,035 1,44:9 621 9 881. 5 685 22,'500 9,095 7,007 166 5,276 n6 18,688 Other lwmes in Fourth G~sional dist?·ict oriowa. County. Free. Encum-bered. Unknown. .Hired. IUnknown. 772 114 15 918 487 11 675 211 19 1,2'14: .226 34: 1,2'10 422 S5 9'72 254 8 623 1.00 88 '163 227 15 '995 ~ 38 299 00 10 s,m 2,4.00 I 279 The ten counties comprising the Congressional district which Nearly 2,000,000 chickens, in partnership with 109,744 tW'keys, I have the honor to .represent have an area of 5,624: square miles, geese, and ducks, produced10,371,840 dozens of eggs. If we crate carved out of that magnificent and productive 55,475 square these eggs and place them end to end, we will have a line of egg miles of land area in Iowa. This district has a population of cases 120 miles in length. . 195,815. The land area exceeds the area of the State of Rhode Now, to return to the farmer: From -704,073 ac1·es of the best Island and Delaware, and almost the combined area of Connec land on earth he gathered 27,647,090 bushels of corn. As a side ticut, Rhode Island, and Delaware. It has a greater population issue, he harvested 2,669,360 bushels of barley; he seeded 707,651 than either Arizona, Delaware, Idaho, New .Mexico, or Hawaii, or acres to oats and gathered 26,630,040 bushels; he sowed 62,425 four times as great as Nevada, twice that of Wyoming, three acres of wheat, which yielded 908,350 bushels; .his ha_ycrop-timo times that of Alaska, and nearly a.s great as the combined popu tliy and cloveJ:_-amounted to 480,572 tons. lation of these three. Out of the 41,248 homes in my district, Reduce it to carloads. Loading the principal crops of this dis 22,560, or 54.8 per cent, are farm homes; 9,095, or 40.4 per cent, are trict on freight cars, allowiilg 700 bushels for a load for corn, free, and 7,907, or 35.1 per cent, are encumbered; 166 unknown, barley, and wlleat, and 1,200 bushels of oats, we will have a train 5,276 hired, 116 unknown. Of the other 18,688 homes, 8,461, or of loaded cars which, with the locomotives necessary to move it, 45.5 per cent, are free; 2,400, or 13.5 per cent: are encumber-ed, 279 would have a total length of 778 miles, divided as follows; Corn, unknown, 6,793 hired; unknown 'l55; 65.3 per cent of its popula 312 miles; barley, 31 miles; oats, 172 miles; wlleat, 10 miles, and tion depends upon agriculture for 'Their livelihood and follow their hay 253 miles, which would be but a ..fitting advertisement of the vocation on 23,026 farms, which average size is 152.3 acres, and unparalleled fertility and productiveness of the Fourth Congres of an average value of $6,622. There are buildings on 98 per cent sional district of Iowa. of them, and 206 contain 500 acres or more. Seventy-six of these In this connection I venture a word as to the antioleo legislation farms are operated by landowners, thus assuring a contented, enacted by Congress nearly two years ago, and do so without any stable, and prosperous .people. They contain 383,324 acres, -80.7 desire to reopen the exciting, protracted, and vigorous debates on per cent, or .223,256 acres, of which are improved. that subject, both in the committee and Bouse. I will not now The total value of farm property in the district, including land discuss the merits or demerits of that legislation. But in viuw and improvements, buildings, im_plements and machinery, and of the prophecies made by the opposition at that time, and the livestock, is $175~490,487, at a very low valuation. The total to fear entertained of the terrible disaster and failure so sure to come day could be safely increased 25 per cent and yet fall short of from such legislation, I wish to call attention of ±his House and the actual valU9S. These farms yield '·products not fed to live stock," country to the real results which followed. or, in other words, farm produce for sale, $25,695,3.22 worth an The contention was that the 10-cent tax per pound would ruin nually. Add to this $10,014,369 "fed to live stock" and we have not only the oleo interests, but that it would carry with it the a total production fo.r the district of $35,709,691. In the produc cotton-seed industry; and that the Texas steer would be doomed tion of this enormous amount the farmers, in addition to their to suffer the mortification and humiliation of being discriminated own toil, expended the sum of $1;923,920 for labor and used fer against in favor of the proud Jersey by such infamous and unjust tilizers to the amount of $29,680. Taking the value of farm prop legiSlation. erty for capital invested, we find that the value of products not After a year and one-half of successful operation of this much fed to live stock shows a gross profit of 14.6 per cent. These feared and detested legislation on the part of our friends who fanns were stocked with 518,320 head of neat cattle and 126,212 fought so nobly and well on the other side, we find that not only work animals. The farmers slaughtered for their own use 773,- is oleo selling at higher prices, but the Texa-s steer and cotton-seed 070 worth of animals and sold "on the hoof" $9,558,229 worth. oil have oeen in greater demand, and commanding hi_gher prices The" better halves" of the farmers produced from their dairies than ever before. The result has been most pleasing and grati $4,198,226 worth of dairy products, of which amount they sold fying not only to the dairy interests, but to every interest con $3,327,718 worth, or 79 per cent. cerned, for and against. Among the many other things for which Iowa is noted is the After a careful perusal of the report of the Commissioner of Iowa cow. In one year she yielded 76,265,781 gallons of pu_re, Internal Revenue we find that 126,316,427 pounds of oleo were rich milk. It is estimated that this milk would fill a basin 20 feet manufactured during the :fiscal year ending Jnlyl, 1902. Adding deep, 70 feet wide, and 1.37 miles long, in which could be floated 122,237 pounds on hand July 1, 1901, makes a total of 127,038,u64 the fleet with which Admiral Dewey captured Manila and still pounds. Deducting 3,469,199 pounds which was exported, leaves have room for some of the S_panish vessels captured. Five million 123,869,465 pounds fo.r domestic consumption for that year, being eight hundred and ninety-four thousand four hundred and eighty the last year under the old law. . five pounds of butter was churned in this great farming district. For the following fiscal year ~nding July 1, 1903, the first year's Load this butter on the farmer's wagon and start it to market. operation of this law, only 5,710,407 pounds of colored oleo and If we give each team a ton of butter for a load, we will use .2,948 67,573,689 ponnds of uncolored oleo, a. total of 73,284,096 pounds, wagons. Allowing 30 feet for each team on the road, we will were manufactured. peducting 3,;186,692 pounds exported,1eaves have a procession of butter-laden w~ons 16.9 miles in length. 69,797,404 for .domestic consum_ptJon, or 54,072,091 pounds less r 5272 CONGRESSIONAL RECORD-HOUSE. APRIL 21, than the previous year. For the first five months of the fiscal incumbent upon Congress to legislate immediately for the relief year ending July 1, 1902, under the old law, and when taxed at of the inhabitants of the zone and the protection of their property I 2 cents per pound, 43,529,364 pounds were manufactured; and for rights. Instead of doing this we are now invited by the commit the corresponding five months for the fiscal year ending July 1, tee to leave the whole matter open, confiding it to the discretion 1903, the first five months under the operation of the present law, of the President. · taxing colored oleo 10 cents and uncolored 11 cents per pound, I myself introduced a bill providing both for the construction 1,374,930 of colored and 25,527,207 of uncolored, a total of 26,- of the canal and the government of the zone! and received the ' 902,117 pounds of.oleo, were manufactured, or 16,627,247 pounds courtesy of a hearing before the committee. The purpose of my less. For the first five months of the present fiscal year there bill was to extend to the Panama Canal zone, in so far as they were were manufactured 1,425,310 pounds of colored and 20,474,748 of applicable, the laws of the United States, the laws to which we uncolored, a total of 21,900,058 pounds of oleo, making a further are accustomed, and which we think the best in the world. I am reduction of 5,200,059; or, in other words, the production of oleo conscious of the fact that it is necessary to have a strong right for the first five months of the present fiscal year is about one arm of government on the Panama Canal zone; but I fail to see half of what it was in the corresponding five months of the last in what respect the laws of the United States are weak or when fiscal year under the old law. they have failed to suppress dfsorder and to set up a stable form The revenue collected has fallen from $2,944,772.46 in 1902, to of government. · $888,181.68 in 1903, including the tax on renovated butter. The Now, Mr. Speaker, I am not losing sight of the main object of licenses under the old law and under the new law were, in 1902, the acquisition of the Panama zone-we took it simply for the manufacturers, 35; wholesale dealers, 192; retail dealers, 10,821. purpose of building a canal. I do not desire to delay in any way In 1903, manufacturers, 31; wholesale dealers, 398; retail dealers, the completion of that great work by prolonged disquisitions in 26,157. Congress upon theories of government. Butthatisnotnecessary; It will readily be seen that since this wholesale fraud, decep it is not now necessary for us to conceive out of our own brains a tion, and counterfeiting has been cut off, and since this oleo has new and original form of government; that was done for us many been put on the market and sold on its merits, and sold for what years ago by the founders of our Republic. All thatwenowneed it is, the manufacture and sale of oleo has been restricted to about to do is to extend over the people of the Panama zone the broad one-half; and the market for 60,000,000 pounds of butter which regis of the Constitution of the United States. . the dairymen were robbed of annually by the sale of this coun I am entirely conscious of the probability of the presence upon terfeit, sold in violation of State laws, thereby displacing 60,000,- the zone of a congregation of turbulent and lawless peoples. 000 pounds of butter, has been restored to the producers of the Some of them will be imported from the negro population of pure and genuine article and the receipts of the dairy people have Jamaica or from the class of -Chinese coolies to labor upon the been increa-sed nearly $15,000,000. canal; others will flock thither from all quarters of the world If the theory holds good that supply and demand regulate malefactors and jail birds, perhaps-hoping to have a finger in prices, it is unnecessary to argue that the price of butter has ad the $400,000,000 pie we are about to open down there. vanced. It is fair to assume that this had something to do with It is therefore unquestionably necessary to establish a strong the advance in price of butter. government and strong laws in the zone, but I am unable to un Mr. HEPBURN. I yield five minutes to the gentleman from derstand wherein our own form of government is lacking. I do New York [Mr. fuRRISONl. · not mean to contend that the people of the canal zone are now Mr. HARRISON. Mr. Speaker, this bill for the government of fit for entire self-government or for the suffrage, or that they are the Panama Canal zone gtves all powers-military, civil, and ju able to understand the full significance of the jury system: but dicial-in the canal strip into the hands of the President. His we should endeavor to give them now and immediately the fullest power there, even though the effect of this act extends only and most complete share of liberty and consideration which is pos through the life of the present Congress, will be complete and au sible under an adjustment of our own laws to their present neces· tocratic. This is one step farther toward a system of colonial gov sities, instead of turning them over body and soul, bag and bag· ernment as despotic as that of imperial Rome. gage, into the hands of a dictator. What I do most deplore in our pr~sent mad expansion and The precedent for the bill under consideration as given by the acquisition of subject colonies is the gradual blunting of our ap committee is that of President Jefferson's action in 1803 in the preciation of the privileges and sanctity of self-government. As acquisition of the Louisiana territory, when he governed it in the a people we are becoming more and more accustomed to the idea first year of its annexation in th~ manner and under the law now of an emperor here at the Executive Mansion, who issues his fiat proposed to be applied to the Panama zone. This is now advanced and governs whole races of subject people whom he has never as a reason why Democrats should vote for this measm·e. Mr. seen and whose own wishes he.rarely consults. Speaker, I submit that this is no precedent, because at the time In view of the practical unanimity with which the committee of the taking over of the Louisiana territory the many disputes has decided upon this measure, it seems almost fruitless to offer between the settlers along the Ohio River and all up and down opposition to the bill. But I think it is fair to inquire why the the Mississippi and the Spaniards at the month of the Mississippi committee has resorted to a measure like this after they have had River presaged a war between our country and Spain unless there an opportunity for two or three months to investigate and con should be a transfer of that territory to the United States. sider various forms of government and formulate some regular In view of that fact, it was necessary to establish a military svstem of rules or government for the Panama Canal zone. form of government-a despotic form of government-for a ·The Senate has passed the Kittredge bill. This is hybrid in its short time at least, in the Louisiana territory. There was an nature, because, although it· starts out from an imperialistic aetna! state of war at the time of our acquisition of the Philip· standpoint, it incorporates what is practically the bill of rights, pines and of Porto Rico and of Cuba, but I have heard nobody thereby taking away with its left hand what it has given with its assert that there is a state of war on the Panama canal zone or right. Before the Honse committee there were several bills. any prospect of war, and therefore I see no reason for the adop The gentleman from Massachusetts [Mr. LOVERING], a member tion by the committee of this bill, which has the appearance of of the committee, introduced a bill which is as thoroughly im despotism run mad. We are going down there at peace with the perialistic in its tendencies as it was possible to devise. Out of Panama Republic and with all the world, to perform a peaceful the nine sections vf the Lovering bill the six most important of mission which will be observed with admiration and applause by them prescribe that the matters with which they deal shall be every civilized nation on earth. " subject to the approval of the President" or "under the direc Mr. Speaker, this bill gives the President greater auth01ity than tion of the President." The commissioners were to do nothing almost any sovereign in this world, and although there are at the of their own volition, except possibly to have boiled eggs for present time only four or five thousand people residjng upon this breakfast if they saw fit. [Laughter.] zone, how do we know but that when he has once acquired this The necessity for legislation upon this subject at this time is power the President will desire to continue to administer this zone very apparent. By the terms of the treaty the Republic of Pan despotically and extend his power there indefinitely? ama gave to the United States the exclusive and perpetual sov I think we should be exceedingly carefullest a precedent be fur ereignty over this zone. There is absolutely nothing in this treaty nished in the House of Representatives in this matterupon which to show what is to be done with the inhabitants of the zone, as the Executive will in future de-pend. I suppose the President be has been the custom in similar treaties in the past-for example, lieves that we should be gratified and flattered that he has actu in the cession of Louisiana in 1803, of Florida in 1819, and of ally paused to invite an expression of opinion from the Honse in Alaska in 1867. Therefore we are in doubt as to what laws now this matter, instead of legislating himself from the White Honse exist and are in force in the zone. · without onr assistance, as he is now accustomed to do. [Applause Either the laws of Panama are applicable, under which circum on the Democratic side.] · stances the Republic of Panama may still be legislating for our Another point to which I desire to call the attention of the zone or else, with the transfer of sovereignty, the laws of Panama House is that upon the eve of a Presidential election this will ere· wer~ ipso facto. extinguished and no law at all obtains in the un ate a power in the President to appoint some six, seven, or eight happy zone. In view of this uncertainty it was and is evidently hundred men to offices. General Davis, a member of the Canal ' 1904. CONGRESSIONAL RECORD- HOUSE.; · 5273 Commission, when he appeared before the House committee, took of the 2,000 or 5,000 are simply transients, called there as laborers. occasion to propose a budget and suggest a provisional form of Nobody knows, or at least nobody whom we were able to get be ( government for the zone; and he made an estimate-quite a rea fore us could tell, and yet some of these gentlemen we called sonable one, I may say-that there would be needed some 278 before us are members of that commission, and two of them at officials, at salaries ranging up to $5~000, and some 800 of a minor least were members of the old, commission. class, showing from that point of view how truly this may be Now, no one knows just where our rights extend with refer called an ''Administration measure.'' ence to the cities of Colon and Panama. We have a mixed juris The sum of money thus to be dispensed in salaries, according diction there. Sovereignty was not yielded to the United States to General Davis, amounts to about $600,000 a year. This bud over those cities. No one knew anything at all about the laws get is very carefully and intelligently prepared by an officer who that they have now-their judicial system. We were not even is entirely familiar with the government of tropical countries, able to get a copy of the Spanish law or Colombian law that is in and it is highly probable that his estimate of the amount of pat force there. So far as we could discover there is but one copy of ronage which will thus be made over to the President is reason that law in the United States, at least that is in the English ably correct. Think of it-$600,000 more worth of salaries in language. appointive offices! Truly a pleasing prospect, especially on the Mr. GAINES of Tennessee. Will myfriendpermitaninquiry? eve of a Presidential election! Many a would-be officeholder will Mr. HEPBURN. I will yield for an inquiry; yes. smile with satisfaction and gleeful anticipation of the feast about Mr. GAINES of Tennessee. My friend states that they know to be spread before him. · nothing of the laws of this zone. . Now, Mr. Speaker, before I close I would like to call the atten Mr. HEPBURN. Certainly. tion of the House to the fact that amendments to this bill should Mr. GAINES of Tennessee. And when we acqUired it the ex be made providing for an orderly and businesslike construction isting laws continued, and do at this moment. Now, this law of the canal itself. My own bill on this subject (H. R. 13671) still continues the laws down there about which we know noth provides both for the government of the zone and the construc ing. Is not that a great reason why we should legislate now? tion of the canal. The Spooner Act, under which the President Mr. HEPBURN. I do not think these laws will necessarily is to construct the canal, will, without further legislation, give control there. This bill, if it becomes a law, authorizes the entire the new commission, consisting of seven men, the power and the suspension of those laws. opportunity to expend, without any regulation. without ma]png Mr. GAINES of Tennessee. Upon acquiring this territory the any contract, without asking any bids or receiving any, the very laws remained as when we acquired it. How are you going to greatest sum of money that this or any other Government has overcome it when our Constitution and laWIS do not go there ever undertaken to expend for any public purpose. now-when our laws do not follow the flag? It is understood that the President and the commission do not Mr. HEPBURN. What of that? desire to be hampered in any way by Congress in this enormous , Mr. GAINES of Tennessee. We must go to work and move undertaking. I should rather suppose that the commissioners about and have our being on that zone under laws about which themselves would demand legislation on this subject to protect we know nothing. them in their vast responsibility. Upon this very point my bill Mr. HEPBURN. Let us see, Mr. Speaker, what that argument proposes strict regulations, taken from the rapid-transit act and is ood how exceedingly wise it is. The gentleman said we should the aqueduct act of the city of New York, which would provide legislate now because there are laws in existence there about an accurate and orderly method of procedure, affording certainty which we know nothing. and security not alone to our Government and our people in this Mr. GAINES of Tennessee. The gentleman said we do not vast expenditure of money, but to contractors and business men know anything about those laws. intent upon undertaking the material part of this construction. Mr. HEPBURN. No; doyou? This should be accomplished now and here, instead of leaving Mr. GAINES of Tennessee. Then let us make some for it; let the immense and unlimited power in the President and the com us make some laws we do know something about. mission. Then, and then only, all persons who go down to that Mr. HEPBURN. Have you knowledge about the wants of zone, whether as laborers or employers of labor, peddlers or store those people? Have you any knowleqge about the systems they keepers, travelers or commercial agents, would be certain that have been accustomed to? Doyon know anything about whether they might proceed upon their occupations and embark upon their they are fit for jury duties, for instance? Do yon know anything business secure in the certainty and impartiality, inspired by the about it? Why, the gentleman from Tennessee is as ignorant as majesty, and confident in the justice of the laws of these United the rest of us, and yet his proposition is that we go to work and States. [Applause.] legislate upon a subject we have no possible knowledge of and Mr. HEPBURN. Mr. Speaker, while this is a very brief bill, we can not at this time secure information about. might 1·easonably have expected that the gentleman from New Mr. GAINES of Tennessee. Is it possible that we have no York would read it. If he had taken the trouble to read it, he knowledge about the laws down there after we have expended a would not have been disturbed by the fear of extension of auto million dollars, as we have, in finding something out about it? cratic power on the part of the President, for by limitation, clear Mr. HEPBURN. We have not attempted by the expenditure and explicit, thia act_will expire with the end of this Congress. of any sum to find out anything about the laws of that country. This is only a temporary measure, and was adopted because the Mr. GAINES of Tennessee. We have not made many laws committee did not have the information and could not acquire down there, I grant. . the information that would be necessary for the establishment of Mr. HEPBURN. We have expended a million dollars for the a permanent government. purpose of discovering a canal route. Can not the gentleman The gentleman from New York favored the committee with a differentiate between establishing a canal route and establishing very elaborate bill for the government of that zone, and yet he a code? [Laughter.] did that without knowing where the zone is. Its boundaries have Mr. GAINES of Tennessee. We had a law down there that never been determined. It is to consist of a strip of country ex we helped to make, and the President rode roughshod over it, and tending 6 miles on each side of the line of the canal. It is abso I take it for granted that we had better not have any more. lutely necessary to establish that line before we can know where Mr. HEPBURN. Mr. Speaker, I yielded to the gentleman our jurisdiction should extend. That has not yet been done. for the purpose of asking me a question, and not for the purpose .- No one of the commission knows where the canal is to be lo of abusing the Chief Executive of his Government. cated. There are a few places, two or three places, where nature Mr. GAINES of Tennessee. I did not mean to be personal or has fixed the line, but there may be a variation of 5 or 6 miles on offensive to the gentleman from Iowa [Mr. HEPBURN], and he the northern shore and 2 or 3 miles on the southern shore. No khowsthat. body yet knows. The gentleman gave us a very elaborate bill Mr. HEPBURN. Oh, no; I know that. for the government of the people of that zone, and yet no one Mr. GAINES of Tennessee. But, Mr. Speaker, I do not make gave us any information, nor could we find even approximately any further apology. [Laughter on the Democratic side.] how many people there are upon that zone. No one knows. Mr. HEPBURN. Mr. Speaker. that is simply a matter of taste 1\Ir. HARRISON. May I ask the ge:n,tleman a question? on the part of the gentleman. If it is his idea of the best stand Mr. HEPBURN. Yes. ards of American citizenship that a man should stand as a brawler, · Mr. HARRISON. Is it not true that Admiral Walker stated, constantly railing against the Chief Executive of his Government, and his suggestion was supported by that of General Davis, that then that is a matter of taste in him. . there are to-day four or five thousand people in the·zone now and Mr. GAINES of Tennessee. Ialwaysbelievethat a man should that there will be subsequently'from eighty to ninety thousand obey the law; it does not make any difference who he is. people? The SPEAKER pro tempore. The gentleman should address Mr. HEPBURN. They stated that there were somewhere be the Chair. . tween 2,000 and 5,000 people, not including the cities. They do Mr. HEPBURN. In this condition of want of information not know how many there are, and it was a mere guess upon their and we m-e diligent in striving to acquire information-we sent part how many of those people, are residents there or how many for those persons who were supposed would have knowledge. -- .. _J r 5274 CONGRESSIONAL RECORD-- HOUSE.: APRIL 21, : We called before us Admiral Walker, who is supposed to have On motion of Mr. HEPBURN, a motion to reconsider the vote by spent many years of his life recently upon the Isthmus, who is which the bill was passed was laid on the table. supiJosed to have studied all of those questions._ CONVEYANCES OF NORTHER...~ PACIFIC R.A.ILRO.A.D, ETC. We sent for an eminent educator, who is also a member of that commjssion, and who likewise has been receiving many thousands Mr. LACEY. I call up the conference report on the bill (S. of dollars for familiarizing himself with the conditions existing 4769) validating certain conveyances of the.NorthernPacifio Rail there, but they were entirely unable to give us any light what road Company and theNorthemPacificRailwa.yCompany. The ever, and I think they ought not to be criticised for that. They conference report and the statement of the House conferees are went there simply to examine into certain of the physical features published in this. morning's RECORD. of that country in connection with a great engineering work. The SPEAKER pro tempore (:Mr. CtrnTIS). The Chair under ·They were not sent there to study economic questions, and there stands that the gentleman from Iowa asks unanimous consent that fore they did not do it. Anotherdifficultythat presents itself was the statement of the House conferees be read in lieu of the con that of raising revenue for this territory, to be expended in its ference report. The Chair hears no objection. government. We were not able to leat'll whether there were any The statement was read. persons there who were in a condition to pay taxes. Mr. LACEY. I move the adoption of the conference report. We could not learn as to what amount of taxable property there The motion was agreed to. was. We were not able to ascertain to the satisfaction of the On motion of Mr. LACEY, a motion to reconsider the vote by ' which the conference report was agreed t.o was lai~ on the table. committee as to just what our rights would be with reference to the customs duties in the two cities of Panama and Colon. MESSAGE FRQ~ 'l'llE PRESIDEN~ OF THE UNITED STATES. We were not able to determine, and I think that no other gentle A message from the President of the United States was com man in this House knows anything about the matter, as to what municated to the House of R~presentatives by Mr. BAR.'ffiS, one taxes might be levied, what the revenues from them would be, of his secretaries, who informed the House of Representatives and therefore in this absence of knowledg6 we re~rted to one of that the President had approved and assigned bills of the follow~ - the great precedents of the country. ing titles: There was just such an emergency and situation as this in 1803 Apri112, 1904: respecting the Louisiana country. It is not to be differentiated H. R. 5811. An act to authorize the Norfolk and Western Rail from this condition by the pretended excuse of the gentleman way .Company to bridge the Tug Fork of Big Sandy River at from New York [Mr. HARRISON]. No such conditions existed certain points where the same forms the boundary line between there as to justify this arbitrary, tyrannical exercise of power, if the States of West Virginia and Kentucky or the boundary line it was that. There was no military situation in 1803 in tp.e Loui between the States of West Virginia and Virginia; siana country whatever different from the situation that exists H. R. 13674. An act to amend an act approved December 16, this day and has for 'the last year existed in the State of Panama. 1878, and to authorize the Secretary of the Interior to grant addi.. If there is any reason for the exercise of military power in either tional water rights to hotels and bath houses at Hot Springs, period, the stronger reason exists now for the exercise of military Ark., and for other purposes; power and the- strong arm of government here on the zone of the H. R. 10004. An act to authorize the Vulcan Coal Company, canal. of Vulcan, W. Va., to bridge the Tug Fork of the Big Sandy The people that came to us under the treaty of 1803 were civil River at Vulcan, Mingo County, W.Va., where the same forms ized people, perhaps as fully enlightened as were any people upon the boundary line between the States of West Virginia and Ken this continent. They were closely compacted within the limits tucky; and of a single city, a great seaport town. Even then New Orleans H. R. 10669. An act to regulate the issue of licenses for Turk was noted throughout the world because of its commerce, and ish, Russian, or medicated baths in the District of Columbia. every reason that justified the act of the 31st of October, 1803, April13, 1904: _ justifies the enactment of this law. I want to suggest, Mr. H. J. Res. 126. Joint resolution providing for the extension of Speaker, that the Committee on Interstate and Foreign Com the time for the removal of the temporary dam and construction merce have not abandoned the hope that they may be able later of locks in Bayou Lafourche, State of Louisiana; on to bring to the attention of this House a bill of proper provi H. R. 10135. An act to authorize the Willlamson Coal Company sions for the government of that territory. In a short time there (Incorporated) to bridge the Tug Fork of the Big Sandy River will return to this country at least a part of the commisSion near Williamson, W.Va., where the same forms the boundary charged with the construction of the canal. line between the States of West Virginia and Kentucky; They have gone there not alone for the purpose of commencing H. R. 14044. An act to authorize the board of commissioners their labors with r·egard to this great work of construction, but of"Vigo County, Ind., to construct and maintain a wagon, foot, they have gone there carrying in their minds the necessities for and trolley-car bridge across the Wabash River at the foot of civil government, the expectation that civil government will be Wabash avenue, in the city of Terre Haute, in said county and imposed upon them, the duty of studying the people, studying State; _ the laws and customs of the people, familiarizing themselves with H. R. 5055. An act granting an increase of pension toWoodson the possibilities that always enter into all governments. R. Daniel; And when they have come to us, as they will in a few months, H. R. 5105. An act granting an increase of pension to Jacob P. they will be able so to enlighten this subject that we hope, fro~ Fishback; the bill which the gentleman from New York has offered us, from H. R. 5107. An act granting an increase of pension to John W. that of the gentleman from Massachusetts [Mr. LoVERING], and Kling; . ~ . from the Senate bill, we may be able to frame such a measure as H. B. 5247. An act granting an increase of pension to Lora will meet the approval of this House. M'llliken; Mr. Speaker, if no other gentleman desires to speak, I will ask H. R. 5261. An act granting an increase of pension to Julia M. the previous question. Oakley; 1\Ir. SHACKLEFORD. I shall be glad if my colleague on the H. R. 5533. An act granting an increase of pension to Hugh L. committee will yield to me. Freeman; Mr. HEPBURN. How much time? H. R. 5681. An act granting an increase of pension to Phillip Mr. SHACKLEFORD. Five minutes. Whyrich; Mr. HEPBURN. I am glad to yield to the gentleman. H. R. 5846. An act granting an increase of pension to Carrie Mr. SHACKLEFORD. Mr. Speaker, the object of the com K. Baker; mittee in reporting this bill was to do as little as possible at this H. R. 5856. An act granting an increase of pension to N ancv time because of the dearth of information in regard to the needs A. King; ~ of the canal strip. The bill which has been r~ported continues H. R. 5888. An act granting an increase of x>ension to Mary f-- . in force by its terms only until the end of the Fifty-eighth Cou Irene Rosenthal; gress. That leaves the matter entirely open for us to take it up at H. R. 5912. An act granting an increase of penf3ion to Alexander the next session. S. Bowen; I believe this bill is entitled to the support of the House. H. R. 5953. An act granting an increase of pension to Marcel Mr. HEPBURN. I now renew the call for the previous ques Gagnon; tion. H. R. 6062. An act granting an increase of pension..to Alvin The previous question was ordered. Gray; The SPEAKER pro tempore (Mr. CURTIS). The first question H. R. 6425. An act granting an increase of pension to David is upon agreeing to the amendment reported by the House com Walker; mittee as a substitute for the Senate bilL H. R. 6530. An act granting an increase of pension to Thomas The amendment was agreed to. Williams; - The bill as amended was ordered to a third reading, read the H. R. 6592. An act granting an increase of pension to Sarah C. third time, and passed. - Wilson; .. I 19(¥. CONGRESSIONAL RECORD-HOUSE. 5275 .... H. R. 6858. An act granting an increase of pension to Nelson H. R. 6937. An act for the relief of the estate of Elizabeth S. ( Hart· Cushing; and H. R. 6881. An act granting an increase of pension to Zacha- H. R. 9135. An act for the relief of F. R. Lanson. riah T. Bryant; April16, 1904: ' H. R. 6940. An act granting an increase of pension to Susannah H. R. 7474. An act granting an increase of pension to Fannie 0. Wardrop; C. Morey; and H. R. 6966. An act granting an increase of pension to Roxana H. R. 12460. An act granting a pension to Annie- M. Powell. S. Ker; April 18, 1904: • H. R. 6973. An act granting an increase of pension to S"rmeon H. J. Res. 84. Joint resolution for the acceptance of a statue of r Billings; Gen. Thaddeus Kosciuszko, to be presented to the United States H. R. 6976. An act granting an increase of pension to Jane by the Polish-American. citizens; Wheeler; H. R. 13738. An act to authorize Frank P. Harman to bridge H. R. 7517. An act granting an increase of pension to Lemuel the Tug Fork of the Big Sandy River near Delorme, in Mingo N. Bishop; CoUnty, W.Va., wherethesam~dorms theboundarylinebetween H. R. 7773. An act granting an increase of pension to Samuel the States of West Virginia and Kentucky; and H. Thoroman; H. R. 14110. An act to authorize the donation of a certain un H. R. 7792. An act granting an increase of pension to Lazarus used and obsolete gun now at Chickamauga Park, Georgia, to Minnich; · Phil Kearny Post of the Grand Army of the Republic, at Nelson H. R. 7986. An act granting an increase of pension to Stephen ville, Ohio. Bricker;- . April19, 1904: H~ R. 8099. An act granting an in~rease of pension to Stephen H. R. 1924. An act authorizing the recorder of the General Land L.. Richardson; Office to issue certified copies of patents, records,_ books, and H. R. 8120. An act granting an increase of pension. to Delzon papers; Allen; H. R. 9985. An act providing forth& donation of lots A, B, K, H. R. 8121 .. An act granting an increase of pension to Joseph and L, in block 39, in Fort Dalles military addition to-The Dalles, M. Ellis; Oreg., as shown on th& plat of the city of The Daile& and sur H. R. 8283. An act granting an inerease of pension to Henry roundings, and filed in the local land office at The- Dalles, Oreg., Herkes; to the- Oregon Historical Society; and - H. R. 8481. An act granting an increase of pension to Maggie H. R.10007. An act to authorize- the Commissioner of the Gen E. Carter; eral Land Office tQ transmit original papers to be used as evidence. H. R. 9574. An act granting an increase of pension to John H. April 20,. 1904; Lennon; H. R. 8505. An act for-the relief of the estate of Cyrus D. Hot H. R. 9599. An act granting an increase of pension to Grace P. tenstein, deceased; and Paddock; H. R. 13350~ An aet conferring jurisdiction upon United States H. R. 9905. An act granting an increase of pension to Peter commissioners over offenses committed in a portion of the per Sullivan; . manent Hot Springs Mountain Reservation, Ark. H. R. 11011. An act granting an increase of pension to John April21, 1904: Linn; H. R. 12684. An act making appropriations for the current and H. R. 11301. An act granting an increase of pension to Ellen contingent expenses of the Indian Department and for fulfilling Caroline Steele; treaty stipulations with various Indian tribes for the fiscal year H. R. 11999. An act granting an increase of pension to William ending June 30, 1905,. and for oth-er purposes. · Vincent; AKRON, STERLING AND NORTHERN RAILROAD, ALASKA., H. R. 12094. An act granting an increase of pension to James Mr. HAMILTON. I ask unanimous co112ent for the present T. McKinstry; consideration of the joint resolution (H. J. Res.114) to extend the H~ R. 12099. An act granting an increase of pension to Edwin time for the construction of th.e Akron, Stel'ling and Northern M. Slayton; Railroad in Alaska. H. R. 12202.·An act granting an increase of pension· to John The joint resolution was read, as foiiows: Baughman; Resolved. etc., That the time within which the Akron, Sterling and North H. R. 12342. An act granting an increase of pension to Law ern Railroad Company is authorized to construct ita line of railroad from the rence H. Rousseau; head of Valdez Bay, in the Territory of Alaska.; thence extending up Lowe River 12.miles to Keystone Canyon.; thence for a distance of 3 miles through H. R. 12363. An act granting an increase of pension to Charles said canyon, on the west side thereof; thence through Dutch Valley a distance H. Barnard; of ( miles; thence 13 miles along the benches on the west side of Lowe River H. R. 12389. An act granting an increase of pension to Napo drab:mge, through Thompson Pass, a.s definitely located by said company, be and the same is hereby, extended for two years from and illterthepassageof leon Paulus; this resolution, H. R. 12452. An act granting an increase of pension to John A. McNerney; There being no objection, the House proceeded to the consider H. R. 12498. An act granting an increase of pension to Sarah ation of the joint resolution, which was ordered to be engrossed N. Maddox; and read a third time; and it was: accordingly read the third time, li R. 12544. An act granting an increase of pension to Edward and passed. Hayford; AAIIDt""D.MENT OF CENSUS LAW, H. R. 12557. An act granting an increase of pension to George Mr. CRUMPACKER. Mr. Speaker I ask unanimous consent W. Gardiner; that the Committee on the Census be discharged from the further H. R. 12624. An act granting an increase of pension to Eva H. consideration of the- bill (S. 3292) amendatory of an aet entitled Wingate; · "An act to provide for a permanent Census Office, u approved H. R. 12680. An act granting an increase of pension to Hervey March 6, 1902, and that the bill be taken up for immediate con Polen; sideration. H. R. 13067. An act granting a.n increase of pension to Thomas The bill was read, as follows: Be it enacted, etc., That section 8 of the act entitled ":An act to provide for W. Prentiss; a permanent Census Office," approved March 6, l!JOZ, be, and the same is H. R. 13117. An act granting an increase of pension to Lewis hereby, nm~nded so as to read as follow~ Sawyer; "SEa. S. That there shall be a collection of the statistics of the births and deaths in registration areas for the year 1902, and annually thereafter, the H. R. 13230. An act granting an increase of penst:m to Amos date for which shall be obtained only from and restricted to such registra T. Richardson; tion records of such States a.nd municipalities as in the discretion of the Di H. R. 13263. An act granting an increase of pension to Caroline rector possess records affordin~ satisfactory data. in necessary detail, the compensation for the transcription of which shall not exceed 4 cents for each E. Pratt; birth or death reported; o:r minimum compensation of $25 may be allowed, H. R. 13283. An net granting an increase of pension to William in the discretion of the Director, in States or cities registering less than 500 York; deaths or 500 births during the preceding year." H. R. 691. An act granting an increase of pension to Rebecca The SPEAKER. Is there objection? ·- C. Shurlock; Mr. WILLIAMS of MississippL Reserving the right to object, H. R. 2947. An act granting an increase of pension to William I wish to· inquire whether this ia a unanimous report of the com F. Thompson; mittee? H. R. 3011. An act granting an increase of pension to Phillip Mr~ CRUMPACKER. The bill which lam asking to call up Duttenhaver; and is a Senate bill. The Honse Committee on the Census reported H. R. 11711. An act granting an increase of pension to Jerome unanimously a bill identical in terms with this, and that House J.Hinds. bill is now pending on the Calendar. . April15, 1904: Mr. WILLIAMS of Mississippi. Then this is snbstantia.Ily a H. R. 2010. An act for the relief of the heirs of John A. Dolan; unanimous report from the committee? \ r ' 5276 CONGRESSIONAL RECORD-HOUSE. APRIL 21, . Mr. CRUMPACKER. It is. MEMORIAL ADDRESSES ON PRESIDE.:..'ITS LINCOLN, GARFIELD, AND Mr. WILLIAMS of Mississippi. Then I have no objection. M'.KINLEY. Mr. SMITH of Kentucky. As I understand, this bill simply Mr. CHARLES B. LANDIS. Mr. Speaker, I ask unanimous provides that the Director of the Census may secure certain data consent for the present consideration of House concurrent resolu from the county or municipal authorities in the States instead tion No. 35. of having the data collected by employees of the Census Office. The concurrent resolution was read, as follows: Mr. CRUMPACKER. Yes; where the registration is required Resolved by the House of Representatives (the Senate concurring), That there bylaw. be printed and bound in one volume, in cloth, 17,000 copies of the three sepa. The SPEAKER. Is there objection? rate memorial addresses delivered before the two Houses of Congress, as fol lows: On February 12, 1866, by Hon. George Bancroft, on the life and charac There was no objection. ter of Abraham Lincoln, late President of the United States; on February · Mr. CRUMPACKER. I ask unanimous consent that the word 27, 1882, by Hon. James G. Blaine on the life and character of James A. Gar "date," in line 9, be changed to" data." There is a typographical field, late President of the United States; on February 27, 1002, by Hon. John - Ha¥., on the life and chara~ter of William McKinley, late President of the error in printing the bill. Umted States, 12,CXXJ copies of which shall be for the use of the Honse of Rep The SPEAKER. Does the gentleman want to amend, so as to t•esentatives and 5,000 copies for the use of the Senate. The Joint Committee send the bill back to the Senate? on Printing is hereby authorized to have the copy prepared for the Public Mr. CRUMPACKER. No; I do not want to do that. Printer. The SPEAKER. If the gentleman amends the bill, it will have The SPEAKER. Is there objection? ·to go back. There was no objection. · Mr. CRUMPACKER. I do not want to put it in such an atti The resolution was agreed to. tude as that. The officer will understand what it means, and COMPREHENSIVE INDEX OF GOVERNMENT PUBLICATIONS, therefore I will withdraw my request. Mr. CHARLES B. LANDIS. Mr. Speaker, I ask unanimous The Committee on Census was discharged from the further con consent for the present consideration of Senate concurrent reso sideration of the bill. lution No. 61. The bill was ordered to a third reading; and was accordingly The concurrent resolution was read, as follows: read the third time, and' passed. Resolved by the Senate (the House of Representatives concurring), That the On motion of Mr. CRUMPACKER, a motion to reconsider the last Public Printer be, and he is hereby, authorized and directed to bind in two vote was laid on the table. volumes instead· of one the Comprehensive Index to Government Publica tions, 1881 to 1893, the preparation of which is authorized by joint resolution On motion of Mr. CRUMPACKER, the corresponding Honse bill of March 3, 1897. (H. R. ordered lie on the table. 10652) was to The SPEAKER. Is there objection? BRIDGE ACROSS THE MISSISSIPPI RIVER AT MEMPHIS, TENN. There was no objection. Mr. MACON. Mr. Speaker, I ask unanimous consent for the The resolution was agreed to. present consideration of the bill (H. R. 28'66) to amend an act en ANNUAL REPORT OF DffiEO'rOR OF EXPERIMENT STATIONS, DEPART• titled "An act to authorize the construction of a bridge across the MENT OF AGRICULTURE. Mississippi River at Memphis, Tenn.," approved April 24, 1888. The SPEAKER. Is there objection to the present consideration Mr. CHARLES B. LANDIS. Mr. Speaker, I ask unanimous of the bill? consent for the present consideration of the following joint reso Mr. WILLIAMS of Mississippi. Mr. Speaker, reserving the lution. right to object, I will ask, has this bill been unanimously indorsed The Clerk read as follows: 'ttee? Joint resolution (H. J. Res. 100) providing for printing annually the report by the COmml of the Director of the Office of Experiment Stations, Department of Agri- Mr. MACON. Yes. culture. Mr. WILLIAMS of Mississippi. The minority members have Resolved, etc. Tha.ttherebeprintedS,OOOcopiesofthereportoftheDirector voted for it? of the Office of EiPeriment Stations, preJlared under the supervision of the Socreta.ry of Agriculture, on the work and expenditures of that office and of Mr. MACON • Y es. the agricultural experiment stations established in the several States and 1\Ir. WILLIAMS of Mississippi. I have no objection. Ten-itories under the act of Congress of March 2,1887, for 1900, of which 1,00) The SPEAKER. The Chair hears no objection. copies shall be for the use of the Senate, 2 000 copies for the use of the House .ll as amended by the Committee on Interstate and Foreign of Representatives, and ?~000 copies for the use of the Department of Agri The bl culture; and that annua.uy hereafter a similar report shall be prepared and Commerce was read, as follows: printed, the edition to be the same as for the report herein provided. Be it enacted, etc., That an act entitled "An act to authorize the construe-· The SPEAKER. Is there objection? [After a pause.] The tion of a bridge across the Mississippi River at Memphis, Tenn.," approved Chair hears none. April24 1888, be, and the same is hereby, amended to read as follows, namely: "Tbat the Kansas City and Memphis Railway and Brid_ge Company, a cor- The joint resolution was ordered to be engrossed for a third poration created and organized under and by vrrtue of the laws of the State reading; and being engrossed, it was accordingly read the third of Arkansas, its successors and assigns, be, and the same are hereby, author- ti d d ized and empowered to erect constl'Uct, and ma.in~in a bridge over the Mis- me, an P.asse • sissippi River from or near the town of Hopefield, m the State of Arkansas, REIMBURSING STATES FOR CERTAIN EXPENDITURES. to or near the taxing district of Shelby County,commonlyknown as the city of Memphis, in the State of Tennessee. Mr. ,M4HON. Mr. Speaker, I ask unanimous consent for the ·• Said bridge shall b~ constructed to provide. for the Na~N; of passenger present consideration of the bill S. 1343, with amendments. and freight railway trams and wagons and vehicles of a kin , for the tran- The bill was read, as follows·. sit of amma.ls, and, at the option of the company by which it may be built-1 for foot passengers: Provided, That said bridge company .shall cha:rge ana A bill (S. 1.343) to amend an act approved March S, 1899, entitled "An act to receive such reasonable rates of toll for the passage of railway trams of all amend an act entitled 'An act to reimburse the governors of States and . kinds for the passage of passengers traveling upon said railway trains, for Territories for expenses incurred by them in aiding the United States to the ~ssage of wagons and vehicles of a.ll kinds, for the transit of animals, raise and organize and supplY. and equip the Volunteer Army of the United and for foot passengers crossing said bridge as xna.y be approved from time States in the existing war With Spain,' approved July 8, 1898,'' and so forth, to time by the Secreto.ry of War: PrO'Vided further, That such reasonable and for other purposes. rates of toll so approved by the Secretary of War shall not exceed the sum d tc That ti f th t f Co d 1\lr h 3 Cents for each passenger over said bridge by passengers upon railway Be it enacte , e ., sec on 6 o e ac o ngress approve :Larc ' Oftrains 25 crossing the same." 1899, entitled "An act to amend an act entitled 'An net to reimburse the gov- t all laws or parts of laws in conflict with this act be, and the ernors of States and Territories for expenses incurred by them in aiding the SEO. 2. Tha United States to raise and organize and supply and equip the Volunteer same are hereby, repealed. Army of the United States in the existing war with Spain,' approved July 8, The amendment recommended by the committee was agreed to. 1898, and for other purposes," be, and the same is hereby, amended by strik- bill as amended was ordered to be en04 O'l·ossed and read a third ing therefrom tbe words "nineteen hundred and two" and inserting in lien The thereof the words "nineteen hundred and six;" so that the same slui.ll read: time· and it was accordingly read the third time, and passed. .. SEC. 6. That all claims for reimbursement under this act or the act ap- .... . or{ motion of Mr. M.A. CON, a motion to reconsider the last vote proved July 8, 1898, shall be presented in itemized form to the Treasury De- 'd th tabl pa.rtment on or.before January I, 1906, or be forever barred." was l a1 .on e e. SEc. 2. That any claim or any 1tem of a claim heretofore presented under GEN. WILLIAM T. SHERMAN. the provisions of said acts approved July 8,1898, and Marcb. 3, 1899, respec- . tively, and disallowed by any Auditor, the Comptroller, or a.ny other officer Mr. CHARLES B. LANDIS. Mr. Speaker, I ask unammous of the Treasury Department, shall, on application of the governor or other ·- consent for the present consideration of Senate concurrent resolu- duly authorized officer or agent of the State or Territory, made on or before the 1st day of Janua.ryl1906, be reopened, considered, audited, and settled tion N o. 57 • • anew by said officers or the Treasury Department in accordance with the The concurrent resolution was read, as follows: provisions of said acts. Resolved by the Senate (the House of Representatives concurring), That The amendment recommended by the committee was read, as there be print-ed and bound in the form such as is customary in the case of eulogies 12,000 copies of the proceedings and ~ccompanying dOCUJ?!lnts, with follows: suitable proce&4_plates to be bound thereWith, upon t~e unveiling of the Strike out all after the words" Sec. 2" and insert the following: statue of Gen. William T. Sherman, of which 3,000 cop1es shall be for the "That where the governor of any State or Territory has furnished mill- use of the Se~te, 6, L 1904. CONGRESSIONAL RECORD-HOUSE. 5277 now on file in the office of the Auditor for the War Department, such itetns I have not caught the drift or the extent of the bill. I hate to or parts thereof as have been disallowed in the consideration of said claims, for the reason that they appear to have been for stores furnished or expenses ask the gentleman to repeat what he has said. incurred or transportation furnished after the troops raised had been mus Mr. OLMSTED. I will state very briefly that this is a reso ..... tered into the service of the United States, and the certificate of the gov lution to permit the Clerk of the House to hold, subject to the ernor of any such State or Territory that such expenses were incurred in order of the district attorney of the second judicial district of good faith, for the sole purpose of aiding the United States in the raising, or ganization, transportation, and equipment of troops, shall be held to be suffi Colorado, certain ba.Uots which by agreement of the parties to cient to authGrize the final settlement and payment in full of &'Uch claims for the contested-election case of Bonynge v. Shafroth were brought reimbursement." here for the use of the Honse and the committee. The SPEAKER. Is there objection? [After a pause.] The Mr. WILLIAMS of Mississippi. I would like to ask the gentle Chair hears none. man who is the proper legal custodian of these ballots after the 'l'he amendment recommended by the committee was agreed to. Honse of Representatives have finished with them? The bill as amended was ordered to a third reading; and it Mr. OLMSTED. I will state that, so far as the State of Colo was accordingly read the third time, and passed. rado is concerned, I find upon an investigation, or the committee On motion of Mr. MAHoN, a motion to reconsider the vote by finds upon investigation of the law, that there is probably no offi which the bill was passed was laid on the table. cer there whose duty it is to care for or preserve these ballots more than one year after the election. Now, this period has expired. ORDER OF BUSINESS, They are here in the custody of the Clerk of the House, and he Mr. WILLIAMS of Mississippi. A parliamentary inquiry, Mr. has been called upon by the authorities of that judicial district, Speaker. What is the regular order? the judge of the court and the district attorney, whose telegram The SPEAKER. Well, a report from the Committee on Ac I hold in my hand, to send them to him: but the Clerk of the counts, or any privileged matter. Honse has no authority to do so without this·mea.snre. Mr. WILLIAMS of Mississippi. I call for the regular order, Mr. WILLIAMS of Mississippi. Mr. Speaker, in the first place, Mr. Speaker. I raise the point of order that this is not a privileged question, The SPEAKER. The gentleman from Mississippi demands the and I want to state why, in my opinion, it is not privileged. The regular order. matter of election of a man to this Honse is privileged, and the charge of the ballot-- - BALLOTS IN CASE OF BONYNGE V, SHAFROTH. Mr. OLMSTED. I make the point of order that the gentle Mr. OLMSTED. Mr. Speak~r, I call up for present considera man's point of order, coming after debate, is too late. tion a privileged report from the Committee on Elections No. 2. Mr. WILLIAMSof Mississippi. Ibegthegentleman'spardon. The Clerk read as follows: I reserved the point to find out what the bill was. No man can House resolution No. 306. make a point of order until he knows what he is to make the point Whereas in the contested-election case of Bonynge against Shafroth, from of order on. the First Congressional district of the State of Colorado, certain ballots and poll books purporting to have been cast and used, respectively, at the elec Mr. OLMSTED. I did not know that the gentleman had re- tion held in said district on November 4,1002, were, under stipulation of the served the point of order. . parties to said conte3ted-election case, submitted to the Committee on Elec Mr. WILLIAMS of Mississippi. I make the point of order. I tions No.2 of the House of Representatives as part of the record in said case and for the purposes of exam.mation and inspection by said committee; and could not make it before until I knew what the bill was. Now, Whereas the said committee did, under authority of the House, employ Mr. Speaker, my point of order is this-- Mr. D. N. Carvalho, as a handwriting expert, to make certain examinations The SPEAKER. The gentleman from Mississippi makes the of the handwriting on the said ballots and in the said poll books; and Whereas the said expert did report to the said committee that approxi point of order that this matter is not privileged, as the Chair II13.tely 6,000 of the ballots so submitted were written by a few persons and gathers. not by individual voters; and Mr. WILLIAMS of Mississippi. Mr. Speaker- Whereas the said poll books disclosed that the names of the alleged voters contained in many of the said poll books were written by some person or ve!· The SPEAKER. One moment. The Chair is trying to get at sons other than the election officers in the districts and precincts wherem it the question of facts. The gentleman from Pennsylvania was is alleged s:~.id · poll books were used; and recognized, and he rose and made his report, and then proceeded, Whereas the said examination of the said ballots and poll books and the record in the said case establish that gross frauds and crimes were commit as the Chair recollects, to state the effect of the resolution, ex ted at the said election; and plaining the same. The gentleman did not ask for unanimous con Whereas justice demands that thooe who were guilty of said frauds and sent. He rose, the Chair supposed-without deciding or ruling crimes should be prosecuted and punished under the laws of the State of Colorado; and as to whether it is privileged or not-the Chair supposed that it Whereas the said ballots and poll'books will be required in the prosecution was privileged; but, without that question being raised, the gen of any of said parties; and . · tleman proceeded to debate. So far a.s the Chair knows or heard, Whereas the said ballots and poll books are now in -the possession of the Clerk of this House: Now, therefore, be it . the gentleman's point of order was not reserved or made until Resolved, That the Clerk of the House be, and lte hereby is, authorized and after debate had bee:1 had. The Chair makes these remarks as to directed to transmit by express the said ballots and poll books, together with what his understanding of the situation is, so as to get at the a certified copy of these resolutions, to Hon. H. A. Lindsley, the district at torney of the second judicial district of the State of Colorado, for such action question of facts, so that we can intelligently discuss, or the House in the premises as the facts and law may justify. · can discuss, and consider the point of order. The amendment recommended by the committee was read, as Mr. WILLIAMS of Mississippi. Now, Mr. Speaker, just as soon follows: as I possibly could I asked the gentleman to explain what the bill Strike out all after the first paragraph of the preamble and insert the fol was. lowing: · Mr. OLMSTED. Will the gentleman permit? At that tim~ I "Wher~s the e~amination. of the said ballots an~ poll boo~. by a subcom had already made my explanation and concluded my remarks, and mitteeof&udElectiOnsCoiiliiUtteeandl:>yanexpertmhandwnting,employed under authority of a resolution of the House, established the fact that gross at the request of the gentleman I began to repeat them. frauds and crimes were committed at and in relation to the said election and Mr. WILLIAMS of Mississippi. Mr. Speaker, as I understand in co.nnection with the said ballots and poll books; and the facts they are these: The title of the bill was read. The gen 11 Whereas the said ballots and poll books are now in possession of the Clerk of this House; and tleman from Pennsylvania was proceeding to explain what the "Whereas the House is informed that one of the judges of the second bill intended to do-not to debate the bill at all, but explaining judicial district of Colorado has directed a grand jnry to inquire into frauds what the bill was. Just as soon as I could I explained to the - committed at and in relation to said election in the prosecution of which inauiry the presence of the said ballots and poll books may be necessary; and Chair that I had been unable to hear, in the confusion of the t 1 Whereas the said ballots and poll books are no longer necessary for the Honse, what the bill was. use of the said Elections Committee or of this House: Now, therefore, be it The gentleman then proceeded to explain it so that I could "Resolved, That the Clerk of the House be and he hereby is, authorized and directed to hold the said ballots and poll 'lX>Oks subject to the order of understand. I then raised the point of order that this bill would the district attorney of the second judicial district of Colorado, or anvof the require unanimous consent and was not a privileged bill. Now, judges of the court of the said district, to promptly notify the said Oistrict then, the point to decide right now is not whether it was a privi attorney and judges that he does so hold the said ballots and poll books, and upon the receipt of a request by the said district attorney or any of the said leged bill or not-I am prepared to argue that and to show that it judges to forward the said ballots and ,P?ll books by express in a sealed pack is not a privileged bill-but the point right now is as to whether age or in sealed packages to the said district attorney or judges, as the case this matter has been debated. Now, I submit that in all fairness maybe." and ordinary common-sense intendment the bill has not been de Mr. OLMSTED. Mr. Speaker, it requires but a word in expla bated at all. The gentleman was undertaking to tell what the bill nation of this resolution. These ballots were brought here in was so that the House might determine whether it required unan the contested-election case of Bonynge v. Shafroth. Now, under imous consent or not. Whether it is a matter of privilege is one proceedings in the criminal court in Colorado, their presence is thing, and whether it has been debated is a totally different thing. required by the district attorney, who has sent a telegram to the· The SPEAKER. The Chair will state to the gentleman from Clerk of the House asking that he return these ballots to him. Mississippi he was paying attention the best he could to the gen The Clerk feels that he is not at liberty to do so without author tleman from Pennsylvania and all others. He has, however, just ity of the House. Hence the resolution. inquired at the reporters' desk and is confirmed as to what took Mr. WILLIAMS of Mississippi. Mr. Speaker, there has been place as stated by the Chair-that is, the gentleman rose andre so much confusion and disorder that it is impossible to hear, and ported the resolution; the Chair supposed it was the privileged · r 5278 CONGRESSIONAL RECORD-HOUSE. APRIL 21, re olution, and the gentleman proceeded, after the. same was re did. I can only say that at the moment my attention was called ported, to make a statement touching it, and .after he had made to it I attempted to inform myself by inquiry, 8Jld as soon as I the statement the gentleman from Mississippi-- got the informati.on that informoo me that it was not a privileged Mr. WILLIAMS of .Mississippi. While he was making it. question that moment 1 made the point of order. The SPEAKER (continuing). The gentleman from Mississippi Now, then, the gentleman has proceeded to argue upon the asked touching the bill, nOt reserving the point of order even at merits of the resolution, and I may perhaps be permitted, in con that time. sequence of that fact, to state this: That I know nothing about I 1\Ir. WILLIAMS of Mississippi. Mr. Speaker, I could notre the merits of the resolution; I have no information concerning it; serve the point of order. I did not know whether this was a I only know this, that the House of Representatives has certain bridge bill or what it was. rules that make "privileged " "matters affecting elections." I :M"r. OLMSTED. If I may be permitted, that is the reason why know that these ballots no longer affect an election in the House he should have reserved the point of order until he found out of Representatives, and I do know, furthermore, that if there be and if I may add- any State authority in whose custody these ballots ought to be, Mr. HAY. Mr. Speaker, a parliamentary inquiry, no resolution of the House of Representatives ought to interfere The SPEAKER. The gentleman will state it. with the sovereignty of the State and the State laws in that re Mr. HAY. If this is a privileged question -and is now before spect after the House has used the ballots for the only purpose the House as such, then a demand for the regular order would be that the House had any right to use them, viz, the purpose of de f>verridden by a privileged question. In order to test the matter, termining whether A or B was elected to a seat in the House of I demand the Tegular order. Representatives. Tlle SPEAKER. We are now upon the regular order, as the Now, Mr. Speaker, I am informed, as far as partisanship is Chair understands it.' ~ concerned, by the gentleman from Maryland [Mr. TALBOTT], who Mr. OLMSTED. Mr. Speaker, I do not believe the gentlemen is upon the. committee, that the demand for thiS custody comes would even make the point of order against this resolution, if they from a Democratic district attorney, so that if there is any par understood it. tisanship in it it is a Democratic district attorney who wants the Mr. HAY. As I understand it, the gentleman from Mississippi papers; but that is not the question here. The question here is as ,_ demanded the regular order, and the Chair permitted the gentle~ to whether this ·is a privileged matter or not. If this is not a man to offer what he called a privileged resolution. privileged matter, then it requires unanimous consent, and if the Mr. OLMSTED. Mr. Speaker, I did not ask for unanimous gentleman from Pennsylvania [Mr. OLMSTED] will ask unanimous consent. I did not state any reason why there should be unani~ collSent I shall not object. mous consent. I presented it as a privileged resolution. It was Mr. MANN. Mr. Speaker, will the gentleman yield for a read, not by its title, but in its entirety. I debated it until I question? thought I had given sufficient reason for its passage and concluded The SPEAKER. Does the gentleman yield? my remarks, whereupon the gentleman from Mississippi asked Mr. WILLIAMS of M'J.SSissippi. Yes. me fora further explanation, and wheniwasmakingthatfurther Mr. MANN. We have the same sort of condition occasionally explanation he made his point of order. It is well settled that a in all of the election committees. Ifitisnot.aprivileged matter to point of order can not be ente1-tained after debate has oomm.enced. dispose of the ballots which have to come here, how would the Now, I think if gentlemen will indulge me just a moment they gentleman have the Elections Committee proceed? will not want to make the }>oint of order in any event. There are Mr. WILLIAMS of Mississippi. They proceed to a conclusion no politics in this. The comt which has directed the inquiry is and a determination and determine that A or B is elected, and composed entirely of Democratic judges. The district attorney after that they are through. who has telegraphed for these ballots is a Democrat, and this res~ Mr. MANN. I know~ but the ballots must be disposed of, and olntion simply proposes to put these ballots in the hands of our without being privileged the ballots might never be returned. clerk subject to the call ·of that Democratic district attorney. Mr. WILLIAMS of Mississippi. How are they ordinat'ily dis Unless the gentlemen have some objection to the prosecution by posed of? Democratic officials of those who are supposed to be criminals or Mr. OLMSTED. They are filed by the Clerk. charged with crime, I can not see what objection there should be Mr. WILLIAMS of Mississippi. That answers the gentleman's to this. It did Dot originate, I will say, in the committee at all. question. Now, if the gentleman will ask unanimous consent, It originated in the courts of Colorado. there will be no opposition. Mr. MADDOX. Mr. Speaker, will the gentle.man allow me to ~r. OLMSTED. Mr. Speaker, Will the gentleman permit one ask him a question! question? · Mr. OLMSTED. Certainly. Mr. WILLIA.MS of Mississippi. But what I dislike are things Mr. MADDOX. Why did you not send these papers back to that require nna.nim,pus collSent to eome up presenting themselves the parties_from whom you got them? as privileged. Mr. ·OLMSTED. We have no authority to send them back; :Mr. OLMSTED. Would not the gentleman consider it privi thev are in the custody of the 'Clerk of the House, and we are leged for us to· ask to have these ballots sent here? now asking for that authority. . Mr. WILLIAMS of Mississippi. Prior to the determination of Mr. MADDOX. Why did you not get authority to send them who was elected, yes; it is clearly privileged. · back to the person from whom you got them instead of holding Mr. OLMSTED. Would it not be a matter of privilege to ·send th.em here? them back after using them? Mr. OLMSTED. That person is no longer authorized mre Mr. WILLIAMS of Mississippi. No. After that the jnrisdic quired under the laws of the State to preserve them more than tion of the committee is stopped. one year after the election which, occurred in 1902, and, therefore, The SPEAKER. The Chair is prepared to rnla Certain pa if we sent them to him he would be entitled, if he chose, to destroy pers necessary to be inspected to determine the right of a Member them, and their usefulness for any -purpose would be gone, to his seat in the House seem to be on file with an Elections Com Mr. TALBOTT. Well, is not anybody else authorized tore mittee. It is clearly a question of privilege to obtain the papers. ceive them? Perhaps it is a question of privilege, having obtained ·them, to Mr. OLMSTED. The district attorney will be authorized if dispose <>f them, but it is not necessary for the Chair to rule as to this resolution is passed. that. Wha.t the Chair may rule, if i.t was necess~ to make a Mr. TALBOTT. By Congress, but not by the laws of Colorado. ruling, it is not necessary to state. The Chair dislikes to malre Mr. OLMSTED. Well, that is forthelawsof Coloradoand the rulings unless it is necessary to do so. We make enough prece courts of that State to determine. . dents-sometimes mistaken ones-as it is. [Laughter.] Mr. MADDOX. Mr. Speaker. if the gentleman Will permit me, The gentleman from Pennsylvania rose in his place and reported if the law out there authorizes their destm.ction, why ought not the resolution, which was read at the Clerk's desk, and proceeded they to be destroyed now? to discuss it. Then, without a point of order being reserved~ he Mr. 'OLMSTED. Because the judge of that court has-requested again stated the J>Urpose of the resolution, and then the point of them and the district attorney of that court has telegra-phed for order was made. It does seem to the Chair that even if the resolu them, and that is the safe I>1ace to put them, What becomes of tion were subject to a point of order, that point must be reserved them then is beyond our interest or control. or made at the very inception of the matter. Therefore~ without Mr. WILLIAMS of Mississippi. Mr. Speaker, I am prepa-red passingupon the question whether the resolution is privileged, to argue the question that this is not a matter of privilege, be it seems to the Chair that it is before the House; and if it were cause it has passed the stage of privilege so far as the House -of necessary to make it any more before the House, we are informed Representatives is coneernen; but if the Chair rules from tbe that unanimous consent can be had. So that, after .all, the reso Chair s understanding of what actually took place, as a matter 'Of lution iB here, and it seems to the Chair the House can act touch fact, that I was too late in making that point, my physical de~ ing the matter. fects are such that I am prepared to believe tbat When the Chair Mr. WILLIAMS of Mississippi. Mr. S~er,in justice to the makes an honest ruling of that sort the Chair heard better than I Speaker and, perhaps, in justice to myself I want to state that at 1904. CONGRESSIONAL RECORD-HOUSE. 5279 the time this matter was brought up three or four gentlemen Mr. BONYNGE. Mr. Speaker, as the author of ·this resolu were talking with me, and my head is ringing with quinine; but tion, I desire to say a few words in explanation of it and the ne what I have stated is what I thought I heard. cessity for its immediate consideration and passage. The SPEAKER. The Chah· does not doubt- It is perhaps proper, first: that I should state to the .House how Mr. WILLIAMS of Mississippi. I will ask, if the gentleman these ballots came before the Committee on Elections. During will permit, unanimous consent tha.t the matter be considered the taking of the testimony in support of the charges filed in the now. notiee of contest, these ballots, under a stipulation entered into Mr. OLMSTED. I do not yield for that. I think the matter is between the contestant and the contestee, were placed in separate already before the House. packages and sent to the Committee on Elections for considera Mr. BOWIE. I think that the record will show that the gen tion in connection with the voluminous testimony taken in sup tleman from Pennsylvania did himself, not longer ago than five or port of the contest. During the examination of those ballots the ten minutes, ask for unanimoti.s consent. House, by a resolution, du:ly authorized the employment of an ex Mr. OLMSTED. Oh, no. pert to examine th€m, to determine certain facts which were The SPEAKER; It escaped the attention of the Chair if he charged in the notice of contest, and in support of which a vast did. As the Chair supposed, the gentleman from Pennsylvania amount of testimony was taken. stated that he rose to a privileged matter. In this connection I will state briefly what those matters are. Mr. OLMSTED. The gentleman will permit me to say that Under the form of ballot which we have in Colorado each vote1· unanimous consent was dispensed with and made impossible by is required to write at the top of the ballot the name of the party the action of the gentleman from Mississippi, who called for the ticket, if he votes a straight party ticket. It was charged that regular order, whereupon I presented this privileged resolution. previous to the election and subsequent to the election these bal Mr. BOWIE. My recollection is very clear that something of lots had been fraudulently prepared with a certain party designa that sort happened during the discussion of that very question. tion. It was supposed that the examination of the ballots would Mr. OLliSTED. The gentleman is mistaken. demonstrate whether or not the testimony giv-en to prove those The SPEAKER. The gentleman from Pennsylvania. cllarges was true or not. This expert was employed for that pnr Mr. OLMSTED. Mr. Speaker, I think this matter is Bllfficiently pose. As the result of his examination it was demonstrated that understood. This is simply a proposition to return these ballots out of about 9,000 ballots that were examined there were very and put them in the custody of the court and the district attor nearly 6,000 that were fraudulent, having the party designation ney of Colorado for such purposes as may be necessary. appearing thereon written by eight or ten persons instead of by Mr. MIERS of Indiana. Mr~ Speaker- individual voters. The SPEAKER. Does the gentleman from Pennsylvania [Mr. Some time ago a grand jury was called for the purpose of ex OLMSTED] yield? amining or investigating this matter. For certain reasons which Mr. OLMSTED. Yes, sir; for a moment. it is not necessary for me nowto explain that grand jury was dis Mr. MIERS of Indiana. I thought the resolution went further missed. Within the past ten days a judge of the district cpurt of than has been stated. I thought it tried to go back and establish the second judicial district, in which the city of Denver is located, the fact that certain great frauds had been committed. May I has called a special grand jury for the purpose of investigating have the resolution reported again? these frauds, charged to have been committed at that .election. Mr. OLMSTED. The preamble sets forth that the ballots are The grand jury is now in session. Under the laws of the State returned for the determination of election frauds- now under the of Colorado the statute of limitations will run against a number investigation of the grand jury called by the judge of that court of the offenses committed at that election, early in the month of for the consideration of this and other matters. May. Consequently it is exceedingly important that there should Mr. MIERS of Indiana. If we are simply going to return these be prompt action in reference to this matter. ballots for the proper use of the court, what is the necessity for The county clerk, who was the original custodian of these bal this House making a record about something which it does not lots, has no longer any official duty-whatever with them. Under know? For the ballots did no£ come before the House. Why the laws of Colorado the ballots woul1:1 have been destroyed in make a record declaring that those ballots disclose the fact that November, 1903, had it not been for the stipulation which the there have been grave frauds, etc.? Why incorporate that in the parties to the contest entered into and which preserved these bal resolution? I understood the resolution to go much further than lots for investigation by the Committee on Elections. Those bal has been stated. I should like to have it reported again. lots are here. There is no further need for them so far as the The SPEAKER. Without objection, the Clerk will again re House of Representatives is concerned. There is a crying neces port the substitute resolution.· sity for them in the city of Den-ver before the grand jury now in The Clerk read as follows: session. Resolved~ That the Clerk of the Honse be, and he hereby is, authorized and The only pnrpose of this resolution is to see that these ballots directed to hold the said ballots and poll book-a subject to the order o! the are brought before this grand jury, summoned, I may say, Mr. district attorney of the second ~udfuial district af Coloxado, or any of the judges of the court of the said district to promptly notify the sa.id district Speaker, by a Democratic sheriff, presided over by a Democratic attorney and judges that he does so hoia the said b&Ilots and poll books, and judge, with a Democratic district attorney to prosecute the of upon the recmpt Of a request by the said district attorney or any of the said judge3 to forward the said ballots and poll books by express in a sealed pack fenses. And so I say to my friends upon the other side that there age or in sealed packages to the said district attorney or judges, as the case is certainly no partisanship in this matter, at least so far as we maybe. are concerned; and I feel certain that with this explanation all Mr. MIERS of Indiana. Now, Mr. Chairman-- the Members upon the other Side of the House will join with us The SPEAKER. Does the gentleman from Pennsylvania yield? in passing the resolution unanimously. [Applause.] 1\Ir. OLMSTED. For a question. Mr. WILLIAMS of Mississippi The gentleman from Pennsyl Mr. MIERS of Indiana. I should like to have permission to vania has yielded time to hls side of the Honse. I ho:pe he will move to strike out, aft.er the word " House," in the last line of yield some time on this side. page 2, these words: Mr. OLMSTED. Does the gentleman from Mississippi desire establish the fact that gross frauds and crimes were committed at and in re time? lation to said election and in connection with the said ba.llots and poll books. Mr. WILLIAMS of Mississippi. Yes. It seems to me those words ought to be stricken out of the l'es Mr. OLMSTED. How much? olution. If I have the floor for that purpose, I make the motion Mr. WILLIAMS of Mississippi. About four or five minutes. to stn'ke out. Mr. OLMSTED. I yield five minutes to the gentleman from · The SPEAKER. The gentleman from Pennsylvania has the Mississippi. floor. Mr. MIERS of Indiana. I should like two minutes after tha Mr. OLMSTED. I do not yield for that purpose. I suggest to gentleman from Mississippi has concluded. the gentleman that he is reading from a portion of the preamble M.r. WILLTA1\fS of Mississippi. Mr. Speaker, the gentleman that the committee has already stricken out. · who has ju.st taken his seat [Mr. BoYYNGE] has not only confessed, Mr. 1\IIERS of Indiana. I may not be reading from the proper but has pro-ven, that we on this side can not possibly be actuated preamble. by any partisan motive in this affair. From his statement there . Mr. ·OLMSTED. What the gentleman read is not in the pre is a Democratic judge and a Democratic grand jury and a Demo amPle at all at this time. cratic district attorney that want these ballots. Mr. 1\IIERS of Indiana. It seems to me that these ballots ought Mr. BONYNGE. I did not say a Democratic grand jury. I do to go ba{}kwith no more strength and no less than they left there, not know the politics of the members of the grand jury. I said a and that portion of the preamble that a.Ileges established frand Democratic sheriff. ought to go out of this resolution. :M:r. WILLIAMS of Mississippi. The gentleman used this Mr. BONYNGE. I ask the gentleman from Pennsylvania to rather cunning language, "A grand jury summoned by a Demo yield to me for three minutes. cratic sheriff," with the intent to leave that impression. [Cries Mr. OLMSTED. I yield to the gentleman from Colorado for of ·' Ohl" on the Republican side.] He said, "A grand jury three minutes. summoned by a Democratic sheriff." 5280 CONGRESSIONAL RECORD-HOUSE. APRIL 21, Mr. BONYNGE. That is a fact. election case, which was a privileged question, which was privi Mr. WILLIAMS of Mississippi. And I purposely said, ''A leged be~ause it was an election case and because it was contested, Democratic grand jury," so as to hear the gentleman's explana after it had considered all matters '' affecting the election '' of a tion of that rather cunning way of putting it. Member of this House, and had arrived at a conclusion, that the Mr. BONYNGE. Mr. Speaker, will the gentleman yield for a House of Representatives was then functus officio as regards any moment? Did the gentleman from Mississippi say that he pur thing that might be done in a State with regard to that election. posely misquoted my language? I am almost tempted, notwithstanding the gentleman's partisan Mr. WILLIAMS of Mississippi. Oh, I purposely quoted what ship, to summon him to his feet now for a decisive answer-" yes" you intended to leave as an impression upon the Honse. [Cries or "no." • of" Oh!" on the Republican side.] Mr. TAWNEY. On what proposition? The SPEAKER. The Chair calls the attention of the Honse Mr. WILLIAMS of Mississippi. ·Upon the proposition I have again to the fact that in debate it is against the rules of sound just submitted. parliamentary usage to impugn the motives of Members. Mr. TAWNEY. That this is in order or out of order? Mr. WILLIAMS of Mississi:m>i. Now, Mr. Speaker, I am glad Mr. WILLIAMS of Mississippi. Whether or not, after the to have the protection of the Chair, but really I do not think I House of Representatives has reached a conclusion in a contested needed it. . election case-has given its judgment-has passed upon every The SPEAKER. The Chair wants to state to the -gentleman question affecting the election in so far as the Honse could pass from Mississippi, for whom he has very great respect personally, upon it-whether other matters not germane to the question and for his ability, that the Chair thought it his duty to call at of the election or nonelection of the contestant or contestee tention to the rule, and did it, not with a view to reflecting upon were not matters that the State and not Congress is charged the gentleman, but because it was his duty to call attention to with? the rule as much as if any other Member of the minority or of The SPEAKER. The time of the gentleman has again expired. the majority indulged in similar language, without intending to Mr. WIL.LIAMS of Mississippi. Ah, he was just about to an violate the rule, as the Chair is quite sure the gentleman from swer right, Mr. Speaker, when you cut him off. [Laughter.] Mississippi did not intend to do. Mr. OLMSTED. Mr. Speaker, I yield two minutes to the gen Mr. WILLIAMS of Mississippi. Mr. Speaker, I hope the tleman from Illinois [M.r. MANN]. Speaker will not understand me as having reflected on him for Mr. MANN. Mr. Speaker, I just want to make an observation having left undone his duty. Whenever I catch a Republican on the question of whether this is a privileged report. As chair Speaker doing his duty then there is nothing in the world for me man of one of the Election Committees it is quite necessary, and to reflect upop him for. In the case of this particular Speaker, some thought has been given to this subject. I find' him always engaged in a strenuous effort to do his duty, and To my mind it is idle to say that the Committee on Elections he generally succeeds. [Loud applause.] can bring before the Honse a resolution about the contested-elec Now, Mr. Speaker, the point that I want to make here is this: tion case and bring papers before the committee from States far We are shut off from making the point that it is not a privileged away by compulsion and then when the case is decided can not question, because the Speaker says I made the point too late. obtain the action of the House in order to return the papers. A I called for the regular order a moment ago. The Chair an very statement of the case is sufficient. _ nounced that the regular order was'' privileged questions.'' The The Committee on Elections comes before the House with a reso gentleman then brings this forward as within the regular order, lution .requiring, as we did from our committee, the officer in charge because, as he says, it is a privileged question. Whether correct in California to bring to this Honse the ballots in the case, and it or incorrect, I am convinced that it is not a privileged question. seems to be nonsense to me to say that the committee can not There is no politics in this matter, as I understand it. Frauds come before the House and ask authority to return the ballots to out in that district which were committed were confessed upon the proper official in the State from which they came. A mere this floor in a very exceptional manner by the gentleman from statement, it seems-- Colorado, lately departed, much to the regret of everybody here, Mr. BOWIE. Mr. Speaker, I make the point of order the gen from Washington politicallife-Mr. Shafroth. tleman is discussing a question which has al&ady been decided . But to the point. It is doubtful whether it is a privileged ques by the Chair. tj.on or not, or a question demanding unanimous consent that it Mr~ PAYNE. That comes pretty late. might be considered; and I said that if it were stated that way Mr. MANN. Even, Mr. Speaker, if I was discussing the ques Viz, as a manner of unanimous consent-nobody upon this sideef tion I make the observation because I did not wish it to go with the House would object to its immediate consideration. Why out denial that the gentleman from Mississippi could say to the was it, if there was no effort to instill partisanship into a nonpar House that the Committee on Elections was without power to tisan question, that the gentleman from Pennsylvania objected obtain and return ballots and other papers necessary to a decision to the question being considered by unanimous consent as well in a contested-election case. a8 having it considered, doubtfully, as a privileged question. Mr. OLMSTED. Mr. Speaker, I desire to add just a word in · Mr. OLltfSTED rose. . reply to the question the gentleman from Mississippi directed to Mr. WILLIAMS of Mississippi. Wait a moment. I say this is me to know why I did not, when he suggested it, yield the privi a" doubtful" question, because the Chair refrained from ruling leged position which this resolution had before the House and and refused to rnleupon the questionastowhetheritwas a privi agree to his proposition to submit it to unanimous consent. I will leged question or not; properly perhaps, as an obiter dictum, that say simply that I admire his leadership, and that if I were upon the point of-order ·had come too late. Now, why? Had not I that side of the Chamber I should follow him implicitly, as the called in good faith for the regular order; and if there b~ a doubt majority over there usually does, yet I observe that there are some as to whether this is the regular order, why not let this matter obstreperous soldiers in his camp who do not always obey his be considered under unanimous consent. And if the gentleman command. One of them might have broken loose at that time and will permit, I will again ask unanimous consent that this q}les made an objection and this resolution would then have lost its tion be submitted to the immediate consideration of the House. place before the House. . . Mr. TAWNEY. We are considering it now. · Furthermore, I am unwilling to concede that this resolution Mr. WILLIAMS of Mississippi. "Considering it now," im loses its privileged character because the contestee voluntarily properly, and upon the technical basis that I was too late in mak gave up his seat in this House and the contestant was by resolu ing the point of order. tion. unanimously adopted, declared to have been duly elected. I desire to say that there is not a parliamentarian on that side That did not necessarily conclude the duty of either the House now, I am not a parliamentarian, and the Speaker never said a bet or of the committee in the premises. ter thing than that which he said the other day, using language It has frequently been rnled that anything touching the right which I scarcely comprehend [laughter], that the skilled gentle of a Member to his seat is privileged. Anything concerning these man to his right could give me peanuts and potatoes, or some ballots touches that right. It has also been repeatedly ruled that other term, and that he could give the Speaker the same article any unprivileged matter contained in a resolution utterly destroys in the same quantity, and still have an unexhausted fount of in the privilege which otherwise it would h~ve had. Now, suppose formation upon parliamentary questions. [Renewed laughter.l that at the beginning of this election con test a resolution had been But the gentleman from Minnesota is a parliamentarian. 1 offered providing for the calling of these ballots from Col01·ado, charge him with it now. [Laughter.] I have heard him confess and also providing for their return to the district attorney at it. [Laughter.] And if I conld swear him now, and put him the conclusion of the contest here, would anybody pretend that upon honor and upon oath, I wonld wager ten to one that the gen any part of that resolution would have been bereft of privilege tleman from Minnesota would agree- or wonld have destroyed the privilege of the whole? And if the Mr. TAWNEY and others. Sixteen to one. . matter of this resolution would · have been privileged as part of Mr. WILLIAMS of Mississippi. Yes; sixteen to one. such a resolution at that time, in what way has it lost its privi· Th.llt after the House of Representatives had settled a contested- lege now? 1..904. CONGRESSIONAL RECORD-HOUSE. 5281 Mr. MIERS of Indiana. Mr. Speaker, I would ask the gentle- The amendment to the resolution was agreed to. man to yield me two minutes. The SPEAKER. The question is on agreeing to the amendment Mr. OLMSTED. Well, I will yield two minutes to the gentle- to the preamble. man from Indiana to make a statement. The amendment to the preamble was agreed to. Mr. MIERS of Indiana. Mr. Spe~ker, in the first part of the The SPEAKER. The question is on agreeing to the preamble re olution, 'Whereas in the contested-election case certain ballOts as amended. came into po session, etc.," that is unobjectionable. The preamble as amended was agreed to. The next is, " whereas said ballots and ballot boxes are in the The SPEAKER. The question is on agreeing to the resolution po session of the House," etc.; and the next is," whereas the as amended. _ court has asked for them;" and the next is, "whereas said ballots . The resolution was agreed to. and poll books arenolongerofanyuse," and ''resolved that they On motion of Mr. OLMSTED, a motion to reconsider the last vote be returned," etc. is all perfectly proper, and I think ought to be was laid on the table. met in a &pirit of fairness, and promptly· but at the bottom of the CAMPBELL SLEMP. second page is the following, that ought not to remain: Mr. HUGHES of West Virginia. Mr. Speaker, I call up House Whereas the examination of the said ballots and poll books by a subcom- resolution 322, which went over from yesterday. mittee of said Election Committee and by an expert in handwriting, employed The SPEAKER. The Clerk will report the resolution. under authority of a resolution of this House, established the fact that gross Mr. WILLIAMS of Mississippi. Mr. Speaker, I reserve the frauds and crimes were committed at and in relation to the said election and in connection with the said ballots and poll books. point of order as to whether it is privileged or not. Now, I think that ought not to be in this resolution. I do not The Clerk read as follows: know whether it will have any effect on the grand jury. 1 do Resolved That the Clerk of the House is hereby authorized and directed to pay, out of the contingent fund of the House, to C.ili:PBELL SLEMP, the sum not know whether it will get before the courts or not, but it has of 1;)1,500, being the amount expended by and recommended to be paid to himJ no business there. as shown in House report from the Committee on Claims, No. 2374, secona The ballots came here and they served their purpose. We session Fifty-eighth Congress, on account of mandamus proceedin)!s before ou2'ht to return them. They ought to serve their purpose there,· the suprem~ court of the State of Virginia in the case of Slemp against Rhoo, .._, growing out of the election in 1902 of a Representative to the lilfty-ei~hth but I do not see why thi3 resolution should recite a fact that did Congress from the Ninth Congressional diStrict of said State of Virgmia, not occur-that this House had found, by reason of those ballots, said amount to be paid upon vouchers to be approved by the Committee on Accounts. gross frauds, etc . . The facts are as stated by the gentleman; the Mr. WILLIAMS of Mississippi. Mr. Speaker, I withdraw the parties to the contest agreed to the situation. The Stat3 suiTea- point of order. dered to Congress the ballots, and we are ready to surrender the :Mr. DE ARMOND. Mr. Speaker, I renew the point of order. ballots to the State, and ought to do it; but I submit we ought not The SPEAKER. The point of order was discussed yesterday t to put the resolution in the way of a "whereas" that would go and by request it went over until to-day. back and give them more or less strength than they had before Mr. MANN. I made the point of order yesterday. they were sent to Congress . . This "whereas" is untrue in fact .. It states that this House found Tiie SPEAKER. The Chair is prepared to rule on the point o5 frauds. The ballots were not submitted to the House, and this order. resolution ought not to attempt-to strengthen the contention of Mr. BARTLETT. Mr. Speaker, may I have permission to call either side. Let them be sent to the courtf and let the court de- the attention of the Chair to a matter in l'eference to .the point of termine from them and all the facts proven whether there was order before the Chair decides it? fraud perpetrated. It is facts that courts deal with and should The SPEAKER. The Chair will hear the gentleman, although · 1 ' h " lik this the Chair is prepared to rule. care nothing for a politica ' w ereas · ye one. -- · Mr. BARTLETT. I merely want. to see if the Chair has con- Mr. GROSVENOR. Will the gentleman permit me a question? sidered this view of the point of order. I was not present in the Mr. OLMSTED. Yes. Committee on Accounts when this ref!olution was before it. Mr. GROSVENOR. Is there anything in this preamble I desire to call the attention of the Chair to this statute of stronger in statement than was the statement made by the gen- the United States with reference to the payment of these election tleman from Colorado [Mr. Shafroth] on the floor of this House, wherein he admitted fraud in that election? expenses: Hereafterno contestee or oontestantforasea.t in the House of Representa.- Mr. OLMSTED. Mr. Speaker, I was about to state that when tives shall be paid exceeding $2,000 for expenses in election contests; and be- this resolution came to us as proposed by the author it con- foreanysumwhatevershallbepaidtoacontestantoracontesteeforexpenses tained a much longer preamble, containing many things which of election contest he OOa.ll file with the clerk of the Committee on Elections 'ttee str·uck out. . a full and detailed account of hisexpen..«es, accompanied by vouchers andre the Commi ceipts for each item, which account and vouchers shall be sword to by the - The resolution and preamble as it now stands are simply an ex- party presenting the same. and no charges for witness fees shall be allowed planation of the reason why the ballots should be returned. It msa1daccountsunlessmadeinstrictconformitytosection128, RevisedSta.t could not possibly go before a grand ju:ry, and if any evidence of utes of the United Ststes. (20 Stat. L., P· 400.) - that kind were to go before a grand jury, instead of taking this T~s is the act of Ma~ch 3, 1875. . . preamble they would certainly take the speech of the gentleman I Pnor to that act section 130 of the ReVIsed Statutes proVIded as from Colorado [Mr. Shafroth], which was forty times stronger follows: hall d b th H fR . . · thi bl It d bli 1 t th' 1 No payments bema e y e ouse o epresentatives out of 1ts con- than anythi ng m . s pre~ e. was ma e pu C Y 0 IS tingent fund or otherwise to either pa.rtv to a contested-election case for ex- House, and appears m the prmted record. penses incurred in prosecuting or defending the same. Mr. MIERS of In~ana .. But the gentleman would not contend Now, I desii-e to say to the Chair that these are in the nature of for a mo.m~nt that m sending these ballots back he would send election expenses for a contested-election case, and the Commit the admiSsion of the gen~leman .from Colora~o [Mr. Sh~fro~h] tee on Accounts, so far as I know, have never up to this time as made on the ~oor of thiS House to be considered a~ eVIdence. and I have been on that committee since the Fifty-fifth Con The gentleman IS too good 3: lawyer to contend that evidence can gress-undertaken to consider a resolution of this nature. be made by ex parte resolutions. . . So far as I am informed from the report of the Committee on 11~ . O~~ISTED. No; !1nd w_e are not gomg to send thrs reso- Accounts there is no evidence to show that the election expenses lution w1tol them. ~ othing will go but the ballots. and vouchers required to be presented to the Elections Committee Mr. M1ER~ of In~na. Why not leave these s~atements out under this statute have been filed with any committee on elec of the res~lutwn and sun ply sen.d the b~llots as recer~ed h~re, and tions; and that there has been no attempt to comply with that not P':t this ex!a'aneous matter m allegmg that c~rtam thmgs .ar~ provision. es~blished, bemg the very f~cts that the court IS ~o determme. Section 130 of the Revised Statutes would seem to prohibit the It IS f?r t~e courts to determme that fact. . If that IS out, I have payment of any election expenses from the contingent fund, as no obJection and would supp_ort the resolution: . . that part· of the section has not been repealed so far as I am ¥r. O~MSTED. Oh.• It~ the preamble IS unobJecti?nable. informed. ' It IS stnctly accur!1te m pomt of ~act and merely explams the The SPEAKER. The Chair desires to read from Rule XI, purpose and necess1ty .of the r~solution. . clause 60: Mr. ~RS of Indmna: If the .ge~tleman will allow ~e, I The following-named committees shall have lea.-e to report at anytime on would like to make a motion to strike It out and take the JUdg- the matters herein stated: * * * The Committee on Accounts, on aU mat- ment of the House. ters of expenditure of the contingent fund of the House. Mr. OLMSTED. Mr. Speaker, I move the previous question This is a report of the Committee on Accounts. It provides upon the resolution and all amendments to its final passage.· for the payment of the amount specified from the contingent The SPEAKER. The question is on ordering the previous ques- fund. As to the effect of the resolution in the event that it should tion upon the resolution and amendments to its final passage. be passed; as to whether the payment would be audited by the The question was taken; and the previous question was ordered. accontting officers of the Treasury Department; as to the pro The SPEAKER. The question is on agreeing to the amendment priety of adopting the resolution; as to whether it comes within to the resolution. the terms of the statute referred to by the gentleman from Geor- XXXVIII-331 .. 5282 CONGRESSIONAL RECORD-HOUSE. APRIL 21, gia-those are matters upon which it is not the province of the Mr. GRAFF . . I want to say that there was absolutely no dif Chair to rule. ference of opinion in the Committee on Claims about this matter. It is the duty of the House to determine the effect of the reso Colonel SLEMP, when he found that the certificate of election was lution and the propriety of its passage. The Chair holds that it about to be wrongfully issued by the Secretary of the Common comes here under the rule, and therefore is before the House. wealth to his opponent, who had received a lesser number of Mr. HUGHES of West Virginia. In support of this resolution votes, immediately employed counsel and commenced mandamus I want to say that it provides for the payment of $1,500 to Mr. proceedings in the supreme court of Vn·ginia. CAMPBELL SLEMP, of Virginia; and I think that it is a resolution 1\fr. MADDOX. The gentleman does not understand my point. that this House should approve. It bas been clearly shown by I am not disputing that fa~t at all. the testimony before the Committee on Claims, which was after Mr. GRAFF. There are several other Members of the House wards referred to the Committee on Accounts, that the claim is a besides the gentleman who might want to have some information just one. upon the subject. And I want to say for the benefit of my colleague on the com Mr. MADDOX. I am not disputing that point at all. I want mittee, the gentleman from Georgia [Mr. BARTLETT], that he was to know about this question of jurisdiction. not present at this committee meeting. I want to say further that The SPEAKER. The House will be in order. there were two members of the minority IJresent, and they were Mr. :MADDOX. If your committee can entertain these claims, unanimous' in joining in the report favoring this resolution. as you have done-and this is a claim, and I have one myself of Mr. SLEMP filed his claim before the Claims Committee, with $2,000 for which the vouchers are on file in this House-l want to the regular vouchers in the regular way. and showed clearly to submit that case to you, and then transfer it to the Committee on the members of the committee that he had expended this amount Accounts, and have it privileged before Congress adjourns. of money. Mr. BUTLER of Pennsylvania. That is right. There are a I am informed by the chairman of the Committee on Claims number of others. that their report was unanimous for the payment of this amount Mr. GRAFF. Wewillconsideryourclaim when it is presented. to Mr. SLEMP. I also want to say that in my opinion this is a Mr. MADDOX. Mine has been considered by the proper com precedent that this House can well afford to establish, and estab mittee, as required by the statutes of the United States and the lish now. rules of the Rouse. Numbers of us have been sufferers here just Tms case was tried in the courts of Virginia; and the court gave the same as this g!:'lntleman is. This was not a contest such as the the certificate to Mr. SLEMP, the proceeding entailing an expense law contemplates. to him of $1,500. He had the right of coming to this House and Mr. GRAFF. The amount expended here is less than the having his contest here; and in that case the expense to the Gov amount that would have been allowed had be waited to assert ernment would have been at least $10.000. his rights by a contest in the Honse. The Government has saved There was a saving of $8,500 to the Government in settling this over $10 ,000 by his pursuing the other course. contest in this manner, and for this reason should be encouraged. In addition to this, the Democratic newspapers of Virginia, I 111r. BARTLETT. May I ask the gentleman a question? . am told, almost unanimously commended the course of Colonel Mr. HUGHES of West Virginia. Yes, sir. SLEMP in this proceeding. Mr. BARTLETT. I have read the report of the Committee on Mr. MADDOX. Will the gentleman yield to me for a minute? ClaimB on this oase, and I do not see anything here of any vouchers Mr. GRAFF. Yes. or any statement of the amount that Mr. SLE~ paid out in con Mr: MADDOX. You say we have saved $10,000? nection with this contest. Mr. GRAFF. Yes. Mr. MILLER. Mr. Speaker, I wish to say that I was chairman Mr. MADDOX. If you set this precedent, you will lose a hun- of the subcommittee on claims that had this matter under con dred thousand dollars. sideration. All the vouchers and receipts in connection with thi.s Mr. HAY. Will the gentleman yield to me for a st~tement? payment were filed with the Committee on Claims and consid Mr. GRAFF. I will. er-ed by them. Mr. HAY. Does the gentleman know that the gentleman whom Mr. BARTLETT. Why do you not say something about that the Member from Virginia [Mr. SLEMP] defeated in the con in the report upon this claim? test-- M.r. MILLER. I did not prepare the report. Mr. GRAFF. I know that Colonel SLEMP expended these 1\Ir. HUGHES of West Virginia. I call attention to the clos amounts, because I saw the receipts which he presented to the ing language of this report: Committee on Claims. Vouchers for which payoents are filed with this committee. Mr. HAY. Oh, the gentleman did not wait until he heard my The Claims Committee did have all these receipts and vouchers question. The question I wish to ask is this: Does not the gen filed with them. tleman know that Mr. Rhea, who was the candidate againSt I yield to the gentleman from Illinois [Mr. GRAFF], the chair Colonel SLEMP, declined to take the certificate under the circum man of the Committee on Claims. stances? Mr. GRAFF. Mr. Speaker, this matter wa.s very carefully ex Mr. GRAFF. I do not kna.w whether he declined to take it or amined into by the Committee on ClaimB. There was a full at not. tendance of the members of the committee. That committee is Mr. GAINES of Tennessee. He did. almost equally divided politically; it is composed of fifteen mem Mr. HAY. That is a fact. Everybody knows that. bers, eight of whom are Republicans and seven Democrats. The Mr. GRAFF. At what. time was this declination made? evidence appearing before the committee was that this was not Mr. HAY. Before the certificate was issued, before it was pro an election contest, as we think of an election contest in the posed to be issued, and as soon as Mr. Rhea ascertained that under House, but a controversy arose in this way: The county election the proper count Mr. SLEMP had a majority. commissioners of the different counties in Virginia are dll·ected Mr. GRAFF. But it was after the mandamus proceedings bad bylaw to make the returns to the secretary of the Commonwealth. been commenced. In this case, in several of the counties of this Congressional dis Mr. HAY. No; it was before the mandamus. trict, at the last general election, the commissioners made their Mr. GRAFF. Does not the gentleman know that the secretary returns, but ignored the returns from several precincts in the dif of the Commonwealth would have no Lliscretion about i suing the ferent counties. certificate of election? He would be compelled to issue it upon Mr. MADDOX. Will the gentleman yield fora question? the official information which ca.me to him from the election com Mr. GRAFF. Yes, sir. missioners from the various counties. Mr. MADDOX. If this was a proper claim to be submitted to Mr. HAY. That may be, but the gentleman who was the can the Committee on ClaimB, why did not your committee report it, didate against Colonel SLEMP would not have made any contest instead of transferring it to the Committee on Accounts? in this House, and it would not have cost the Government one Mr. GRAFF. We did report it. I am trying to make an ex dollar, so far as he was concerned. planation of the reason the committee acted favorably upon the Mr. WILLIAMS of Mississippi. I should like to ask the gen matter. tleman a question. Mr. MADDOX. How did the other committee get jurisdiction :Mr. GRAFF. Yes. of it? Mr. WILLIAMS of Mississippi. I should like to ask both of Mr. GRAFF. There was a resolution introduced to refer the them, as a matter of fact-- matter to the Committee on Accounts, and therefore it was re Mr. HAY. I desire to say, Mr. Spealrer while I have the floor, ported by that committee. that I am not opposing this claim of the gentleman from iVirginia Mr. MANN. If that method of proceeding is to be followed, and so far as I am concerned I am perfectly willing that be should1 it will be a very popular way of paying claims. have it; but I desire to put Mr. Rhea before the House in the at Mr. MADDOX. I should be very glad to find out about that titude he is entitled to occupy. way of doing business. I may want to get some matter through Mr. GRAFF. I am making no charges against Mr. Rhea. 1 the Committee on Accounts myself. am simply saying that Colonel SLEMP was about to be deprived 1904. CONGRESSIONAL RECORD-HOUSE. 5283 of an office to which he was elected by the wrongful action of the heen decided in the State of Virginia over and over again. It is county election commissioners, who had made incon·ect returns incomprehensible to me how it can ever cost 1,500 to have a sim to the secretary of state, and the secretary of state would have no ple matter like this decided. It was decided there without any lawful authority to issue the certificate of election except upon defense in the supreme court. the official showing that was made to him by the returns of these Mr. WILLIAMS of Mississippi. I would like to ask the gen- county election commissioners, false as they were. tleman from West Virginia a question, and I would also like to And it was necessary for Colonel SLEMP to turn around and ask the gentleman from illinois, the chairman of the Committee perfect mandamus proceedings upon these various county election on Claims, the same question at the same time. Was there ever commissioners in order to secure correct returns instead of the any action taken here, or had any committee of this House ever false ones, which were the only ones which were before the sec- considered a contested-election case between Mr. SLEMP and Mr. retary of the Commonwealth. It is the only way that he could Rhea? obtain his certificate of election. Mr. GRAFF. Not at all. I do not care what course Mr. Rhea, his opponent, might have Mr. WILLIAMS of Mississippi. Not at all. Now, then, if the taken as to the matter. Here were these incorrect returns before gentleman will give me two or three minutes-- the secretary of the State. They were the only evidence upon Mr. HUGHES of West Virginia. I yield two minutes more to which he had to base the certificate of election, and these legal the gentleman from Mississippi. proceedings were absolutely necessary under the circumstances- Mr. WILLIAMS of Mississippi. Mr. Speaker, it is confessed made necessary by the wrongful a-ction of these county election that there has been no contested-election case in the House of commissioners. Representatives; no such case has been entered on the Calendar. Mr. MANN. Will the gentleman allow me a question? It is confessed that this House has never been faced with an Mr. GRAFF. Certainly. inquiry or question as to whether Mr. SLEMP was or was not Mr. MANN. As I understand, this-- entitled to his seat upon the floor. Mr. HAY. I think I have the floor, Mr. Speaker. Mr. SLEMP came here with the credentials of the State of Vir- The SPEAKER. The gentleman from West Virginia has the ginia entitling him to a seat here, and those credentials have floor. never been questioned or-disputed in this House. His seat has Mr. HUGHES of West Virginia. I yield five minutes to the neverbeencontested,andtherehasneverbeenacontested-election gentleman from Virginia. case. Not only was one never heard, but none was ever instituted. Mr. HAY. Mr. Speaker, as I understand this question, it is Now, then, the law provides that where there is a contested not a contested-election case, nor are these expenses incurred in a election case before this House, as judges of the qualifications contested-election case, nor can they be called expenses incuned and election of the :Members of the House, then certain amounts by reason of any contested-election case in this House. They of money shall be allowed. were expenses incurred by Mr. SLEMP in employing attorneys and Now, are you going to make a precedent that where men have in preparing mandamus proceedings before the supreme court of had litigation in their States before they come here, leading up to the State of Virginia. It was a matter between him and the State the issuance of credentials of the State in favor of A or B, that officers, and not between him and Mr. Rhea, the candidate against the House of Representatives is to make an appropriation to pay him. for law fees and expenses in the State com·ts for A or B, where Mr. GRAFF. Will the gentleman yield to a question? there neither is nor ever has been a contest? Mr. HAY. Oh, yes. Mr. DINSMORE. I would ask the gentleman from West Vir- Mr. GRAFF. I have since learned, and ask the gentleman ginia to yield me two or three minutes. _ whether it was true or not, that Mr. Rhea did appear by counsel Mr. HUGHES of West Virginia. I yield to the gentleman my in one of the counties involved in this controversy after manda- colleague on the committee. mus proceedings were commenced, and after a hearing was had The SPEAKER. What time? under it, and did not abandon his case until after that? Mr. HUGHES of West Virginia. Two minutes. Mr. HAY. Mr. Speaker, that was at the recount before the Mr.DINSMORE. Mr.Speaker,Iamamemberoftheminority · returning boards of the counties. of the Committee on Accounts, which reported this resolution. Mr. GRAFF. I am told it was right at the time of the trial of I acquiesced in the decision of the committee at the time, and it the case. is embarrassing to me to have to be placed in a position of opposing Mr. HAY. Not in the supreme court; but it was not a con- the action of the committee since. te tin this Honse; and when the recount was made, and made in I did not vote for the resolution in the committee, it is true, but the presence of the attorneys of both parties, and Mr. Rhea rec- I ask no protection to myself on that account. It will be remem ognized that that count was against him, and properly so, he an- bere:l I stated to the committee that I did not believe we could nounced that he would not receive the certificate, notwithstand- lawfully act favorably on the resolution, but I based my action ing the returning boards of the counties made a return in his in the premises upon the statement which was made to the com favor to the State board of canvassers. mittee that the Committee on Claims had investigated the mat- Mr. OLMSTED. Will the gentleman allow me to ask him a ter and that there was a unanimous report in favor of its payment, question? an"tl that the whole Virginia delegation were in favor of its being Mr. HAY. Certainly. paid. I was actuated by a desire to take these contests out of the Mr. OLMSTED. I am not expressing any opinion on this reso- House and bring them to the courts, but I believed at the time lution, and do not know how I will vote yet. But suppose Mr. there had been a settlement of the matter by mutual consent in Rhea had declined to receive the certificate; it would be the duty the courts, contested by both parties, and did not know that the of the secretary to issue it in his name without these proceedings. opponent of the gentleman from Virginia-the sitting Member How would Mr. SLEMP have received his seat without this pro- had yielded and acquiesced in the decision before the matter came ceeding? here. Mr. HAY. As a matter of fact, it was issued to Mr. SLEMP. I thought there was an acquiescence on the part of the Virginia Mr. OLMSTED. But as a result of these proceedings? delegation and that there was a unanimous report from the Com- Mr. HAY. As a result of these mandamus proceedings. If it mittee on Claims, and since I was convinced there wa.s a general had not been so, Mr. SLEMP would have had to institute a contest desire to settle the matter as outlined by the resolution and be- before Congress. Iieving that the opposing candidates had agreed to abide by a de- Mr. OLMSTED. That is the point I wanted to get out. cision of the courts,andnotknowing thattheunsuccessful candi- Mr. HAY. And under the rule, as I understand, these expenses date had not at any time intended to contest and believing that it should be paid to the contestant and the contestee; and if you are would be better generally if contests could be settled in the com·ts going to pay the expenses of one qf the parties, then you ought than in the House, which always settles them not judiciously, but to pay the expenses of the other party who had to defend this in a paPtisan way, I acquiesced, but not with a belief that such suit, and did it. Now, that is the matter we are going to deter- course would be in accordance with law. mine. Mr. HUGHES of West Virginia. Mr. Speaker, I yield five Mr. GRAFF. Although he did not defend it at all? minutes to the gentleman from Illinois [Mr. MANN]. Mr. HAY. The gentleman misrepresents me. I do not suppose Mr. MANN. Mr. Speaker, it seems to me the House might as he does so intentionally. I said that after these proceedings were well pay any other campaign expenses as to pay these campaign had and the counts were made under it, that, notwithstanding the expenses. This was not a contested election. If it were a con fact that the returning boards of the counties insisted upon re- tested election, then Colonel SLEMP was the contestant, and by all turning to the State board of canvassers in his favor, Mr. Rhea the rules of propriety it would have been the duty of the House, _ refused to take advantage of the action of the returning board. if it provided the expen&,es of the contestant, to pay the expenses That is what I said, and I repeat it. of the contestee, Mr. Rhea, and I apprehend that such a hill in Now, Mr. Speaker, if this is a case where there was a contested I the House would not receive much consideration. election, then I am perfectly willing that this claim shall be paid. But let us look at the facts about contested-election case~. Mr. But this is no contested-election case. It is a matter that has Speaker, I presented the other daytoone of the Election Commit- il284 OONGRESSI0NAL REOORD-HOUSE. APRIL 21, .tees on behalf of a Member of the Honse tt bill for election -ex be, and thenreqnires that in order for the cont-estee or the contest ·penses amounting to 10.000. The committee properly allowed ant to obtain any payment of any money he shall file with the but two thousand. 1n the Butler case, from St. Louis, the ex ·election committee hat tried his case an itemized statement of penses amounted to probably $25,000 or $30.000. The committee the various amounts that he had paid out, and that statement allowed $2,000 when that case went through our committee. shall be accompanied by,the oath of the contestee or the contest Two or three years ago the gentleman from Virginia [Mr. ant and accompanied by the vouchers that he had paid out and ;SWANSON] obtained from the Committee on Claims a·recommen the amount; and when all this is done it requires an act of Con dation for an extTa allowance for election expen es, and when the gre s not a simple resolution of the H ouse, to authorize their ·.matter came up before the House and it was stated that the elec payment. tion committees invariably confined the e:x:pen es to 2,000, the Mr. HUGHES of West'Vh·ginia. Mr. Speaker, will the gentle gentleman from Virginia, in a very proper spirit, said that he did man yield for a question? not ask that the claim go through. and that he would not ask to Mr. BARTLETT. Most assuredly. be paid that additional amount, because he did not wish to set a Mr. HUGHES of West Virginia I wlllsayfortheinformation precedent. of the gentleman that -this was done in his ca e, with the Claims ·Mr. Speaker, before the act of Congress which has been quoted Committee, and the chairman of the Claims Committee,· bellig a was passed. and in the very same act, there was an allowance for member of the Committee on Accounts, stated that to the Com election expenses of 10.000. It was not an uncommon thing to mittee on Accounts, and that statement was satisfactory to that allow five to ten thousana dollars expenses, and it was a common committee. thing that contests were commenced and carried through for the Mr. BARTLETT. But the law, Mr. Speaker, upon the statute sole purpo~e of obtaining the allowance of a large sum for elec book never contemplated -that a Committee on Claims or that the tion expenses. Committee on Accounts should consider the question of paying If we step outside of the statutory provision, which·is an allow- the expenses of a contested-election case from the contingent ance of 2,000 for expenses incurred in a contest before the House, fund. The statute in so many words declares that the contestee ·and commence to allow expenses-campaign expenses-there is or the contestant-shall file with the clerk of the Committee on iD.O limit to the amount that can be allowed. It may be-that the Elections a full and detailed account of the expenses incurred in cCommittee on Accounts has jurisdiction-and I acquiesce, of the conte t. com· e, in the decision of the Chair-but if the Committee on Ac Now, if we pay this bill as election expenses, we might as well counts can take out of the contingent fund and pay campaign determine that we will pay every expense that a candidate-not expenses of one gentleman, ·why should not the campaign ex- a contestee or a contestant-shall incur in his election. in a snit at 'penses of other gentlemen be paid? law oT anywhere else. Take, for instance, the case which came to The gentleman from Virginia [Mr. 8LIDIP] went before th~ the 'House from'N ew"York. which came before us some years ago. · com·ts. Suppose he had hired watchers at the polls; suppo e he The contestant applied to the courts to have his name put upon had·hired men to watch the ballots after election. What is the the official ballot. This-was refused, and on appeal to the higher difference? Suppose he adopts any of the methods; suppose he court the action of the lower coru·t was reversed; but the last de ·had hlred detectives to discover frauds-campaign ·expen es, all cision was after the election had been held. It was not claimed of them, nothing but campaign expenses. If he had had a contest in that case that Congress should pay the law-yer's fees and ex before the House, then he would bring himself within the rnle; penses in that case. but unless the Rouse stands by the rule m ade by the statute there Suppose it was necessary for the candidate, in order to have his is no limit to the amount of expenses which will be presented to name upon the ticket, to proceed by mandamus against the elec ·the House and demand made for their payment. [Applause.] tion officers. Would he be entitled to comE\ before Congress. if he Mr. HUGHES of Woot Virginia. Mr. Speaker, I yield five was elected, and have his election expenses paid? Was it neces minutes to the gentleman from Georgia [Mr. BA..RTLETT] . sary for him to resort to the courts to have the votes counted at Mr. BARTLETT. Mr. Speaker, the ~ount involved in this all, when there was no conte t? Suppose that the election board •resolution is not so large as to create any great criticism, but refu ed without reason, capriciously, to certify the election of a ..the principle involved is one which deserves the attention of the Member to Congress, where there was no opposing candidate-- ·House that it may not, by voting this resolution through the The·SPEAKER. The time of-the gentleman from Georgia [Mr. House, commit itself to a precedent which is not a good one by BARTLETT] has expired. any means, and which will return he1·eafter to plagueihe Rouse Mr. BARTLETT. Mr. S_peaker, 1 do-not understand that my ·in consideration of like resolutions. time has expired. This does not even rise to the dignity of a concurrent resolu Mr. WILLIAMS of Mississippi. I ask unanimous consent that tion. It is not a joint resolution. It is not a bill which in its the time of the gentleman from Georgia be extended five minutes. ultimate form may assume the force aRd effect of an act of Con Mr. HUGHES of West Virginia. I yield to the gentleman five gress. It is an effort to pass a simple resolution of the Honse of minutes. Representative and to pay money out of the Treasury. as I un The SPEAKER. There was such confusion that the Chair un derstand it, simply by saying that it shall be paid out of the ~n derstood the gentleman from West Virginia to yield five minutes tingent fund, when the law and the statute which provide how in the first instance. relection expenses in contested-election cases shall be paid make :Mr. BARTLETT. No, sir. provi ion that those expen es shall be paid according to law, and -~flo . HUGHES of West Virginia. I just yielded the gentleman prohibit the House from paying them out of the contingent fund. five minutes, supposing that was all he requested. How much The Constitution, if I may be permitted to refer to that instru more time does he desire? ment, declares that ' no money shall be drawn from the Treasury Mr. BARTLETT. Well, if the gentleman determines to limit ·but in consequence of anappropriationmade bylaw." Now, this me in my remarks I will have to undert..'lke to get recognition in resolution will never become a law. It is simply an act of th~ some other way. I am a member of this committee, and have House. And for what purpose? To pay Mr. SLEllP, the Member been for eight years. from the Ninth district of Virginia, certain expenses that itis al Mr. HUGHES of West Virginia. Mr. Speaker, I decline to leged he paid out in procuring from the court a mandamus to com yield at all unless the _gentleman will tell me how much time he pel the election officer to issue the certificate to him. And why? wants. Not in pursuance of any contes:Wd-election case. Mr. BARTLETT. Then I will wait until I can get recogni There has never been any contested-election case in the Ninth tion in my own right. Congre ional district of Virginia as a result of the election in Mr. HUGHES of West Virginia. I yield to the gentleman 1902. The contesting candidate was not given the certificate; from Ohio [Mr. GROSVEiOR] for five minute . did not claim that he was elected; admitted that Mr. SLEMP was Mr. BARTLETT. I want to say that this is an effort to vio entitled to the certificate, and made no effort to take or occupy late the law and the rules of the House by the passage of this the seat in Congress. Mr. SLEMP was duly sworn in when the resolution. Fifty-eighth Congress assembled. Mr. WILLIAMS of Mississippi. Will the gentleman from West There has never been any certificate issued to anyone except to Virginia yield to me to submit a request fbr unanimous con ent? Mr. SLEMP. He therefore, if he went into a contested-election Mr. HUGHES of West Virginia. No, sir. I yield to the gen case with anybody. would have to go into one with himself. Ther~ tleman from Ohio [Mr. GRo v-&~OR] for£ve minutes. is no law which provides for the payment of election expenses in Mr. WILLIAMS of Mississippi. Will the gentleman from Ohio conte ted-election cases except according to the statute which I yield to me that I may submit a request for unanimous con ent? .hold in my hand, and to which I called the attention of the Chair Mr. GROSVENOR. I can not yield out of my five minutes . at the beginning of this discussion. You can not pay them from Now, Mr. Speaker 1 I want to examine a single question. 1 want the contingent fund. to know if it is a farr, legitimate, lawyer-like, common-sense ar In order to pay these election expenses the law first provides gument to say that this is a bill for" campaign expenses.'' I want how the notice shall be served, upon whom it shall be served, and to inquire into that and see whether there is not a little, just a how the witnesses shall be summoned, what the-witness fees shall trifle. of mistake in that argument. - 1904. CONGRESSIONAL RECORD-HOUSE. 5285 The " campaign expenses " are ended when the ballot boxes are f<>r expenses incurred in a contested election, shall be paid by ap closed on the night of the election; everybody knows that. propriation bills which have the effect and force of law, and not Several MEMBERS. Not always. [Laughter.] simply upon the direction of the House, and shall not be paid out Mr. GRO:~VENOR. Suppa ethatonthenightoftheelection it of the contingent fund. had been discovered that certain evidence pertinent to the great Now, I state again, with all respect to the gentleman who in que tion of who was elected was likely to be spirited away, and troduced this resolution and who brought it before the House, that the candidate believing himself to be successful proceeded to that it is a simple effort to evade both the law and the rules of maintain his pos!tion. Suppose that the gentleman from Vir the Ron e, and to have this resolution reported in order to pay ginia-either gentleman from Virginia-had seen fit to expend this claim, or pretended claim, against the Government when it money to procure evidence and put it in such a shape that it would could not, in the ordinary processes under the rules of the House, not be spirited away, and had then gone forward and pursued a be reached for consideration or be paid at all except as other contest in this House. Would that expenditure have been" cam claims against the Government are paid. paign expenses " or would it have bf>en expenses incident to the The gentleman from Ohio [Mr. GROSVENOR] put a question to contest that followed in the House of Representatives? me. which he did not permit me to answer. as to what I consid Now, what exactly took place in this case? The election was ered to be election expense . Let gentlemen who have had nu all over. There is not an item of this account that any fair merous contests in this Hou ego back to the files in the commit minded man, however unintelligent he may be, can call'' campaign tee room and find the amounts expended in contested-election expenses." The election was over. and directly it was discovered cases, for which vouchers have been filed . where the expenses that the ballots from five or six precincts had been stolen; that is amounted to three, five, or ten times as much as the amount·al to Ray, they had been thrown out. lowed by the statute. Are not those expenses a part of campaign The contestant-for he had at that very moment become a expense? contestant-knew those boxes were thrown out, and he knew per Who will say that the amount expended in the Butler case from fectly well that the certificate should not be giveftl without count Missouri, or the amount which my colleague from Georgia ex ing those ballots. Should he in that ca~e stand by and take no pended in excess of s·~.ooo. or the amount expende:l by the gentle steps, or shoul his expenses, and if the House sees fit to vote that amount for CONFERENCE REPORTS. him they have a perfect right to do so through the channel of this re olntion. Mr. CALDERHEAD presented certain conference reports and statements for printing; which were ordered to be printed under 1\fr. FLOOD. Will the gentleman permit me to ask him a the rule. question? . 1\fr. HUGHES of West Virginia. Certainly. DAVID T. TOWLES. lVIr. FLOOD. I would like to ask you, Do you not know that The reports and statements are as follows: there was a similar case to this from the State of Virginia, Mr. Yost's, and he was not allowed his expenses? The committee of conference on the disagreeing votes of the two 1\fr. GRAFF. I will state to thegent.leman that the Committee Houses on the amendment of the Senate to the bill H. R. 1851, on Claims did report favorably on his bill. "A.n act granting an increase of p:msion to David T. Towles," Mr. FLOOD. But he never got the money, because this House having met, after full and free conference have agreed to recom never voted it. mend and do recommend to their respective Houses as follows: Mr. GRAFF. It never reached consideration, but was favor- That the House concur in the Senate amendment. ably repJrted. HENRY R . Gm ON, 1\fr. FLOOD. He did not get the money that was allowed. R OBERT W. MIERS, Mr. GRAFF. The bill was never considered. c. A. S lJLLOWAY, Mr. H UGHES of West Virginia. I just want one word more. Managers on the part of the House. There is no cont!3st as to whether Mr. Rhea approved of this or P. J. McCUMBER, disapproved of it. N. B. S COTT, I understand as soon as Mr. Rhea found out that he was not Managers on the pm·t of the Senate. elected he did not want the certificate, and these mandamu pro ceedings were taken and these expenses incurred in ascertaining The statement of the House conferees is as follows: this fact, and there is no question between the Representatives This bill originally pas ed the House at-$36 per month, but was of Virginia as to whether this man should be paid or not paid. amel!ded in the Senate to $30 per month. The result of the con Now, Mr. Speaker, I move the previous question. ference is that the House conferees recommend that the House re Mr. PALMER. Let me ask the gentleman, before he does cede and concur in the Senate amendment, and that the bill be that, if there was no contest and no lawsuit and no witnesses and passed at $30 per month. no fight. how did they get up a bill? Mr. HUGHES of West Virginia. I did not say there was no w. A. CALDERHE.A.D, contest. I said there was no contest before the House. ELIAS D EEMER, The SPEAKER. The gentleman from West Virginia demands ROBERT W. MIERS, the previous question. Manager's on the pm·t of the House. The question was taken, and the previous question was ordered. MARY HEANEY. The SPEAKER. The question is on agreeing to the resolution. The committee of conference on the disagreeing votes of the The question was taken, and the Speaker announced that the two Houses on the amendment of the Senate to the bill H. R. noes appeared to have it. 13 50 ·An act granting an increase of pensbn to Mary Heaney,'' Mr. HUGHES of West Virginia. Division! haTing met. after full and free conference have agreed to recom The House divided· and there were-ayes 84:, noes 124. :zr.end and do recommend to their respective Houses as follows: So the resolution wa" rejected. That the Senate recede from its amendment. On motion of 1\.fr. WILLIAMS of Miss~ssippi. a motion to reconsider w. A. CALDERHE.A.D, the vote by which the resolution was rejected was laid on the THOl\IA.S w. BR.!.DLEY' table. JOHN s. SNOOK, RETUR..."'i OF BILLS. Manage1·s on the part of the House. The SPEAKER laid before the House the following request P. J. McCmrnER, from the Senate, which the Clerk read, as follows: N. B. S COTT, Resolved, That the Secr etary be directed to request the House of Repre Manage1·s on the pa1·t of the Senate. sentatives to return to the Senate the bill (H. R. 10046) granting an in re::~. se of pension to Thomas J. Campton, the beneficiary of said bill having died. The statement of the House conferees is as fo~ lows: The SPEAKER. Without objection, the request of the Eenate is agreed to. This bill originally passed the House at $16 per month, but was The SPEAKER laid before the House the following request amended in the Senate to $12 per month. As a result of the con from the Senate; which the Clerk read as follows: ference the Senate recedes from its amendment and agrees to the Resolved That the Secretary be directed to request the House of Repre rate of $16 per month, the same as the bill origin2lly passed the sentati\es to r eturn to the Senate the bill (S. 35£6) t o amond section 2327 of House. the Rev:Sed Statutes of the United States concerning mine1•allands. w. A. CALDERHE.A.D, The SPEAKER. Without objection, the request of the Senate THO:M AS W. BRADLEY, is agreed to. JOHN S. SNOOK, The SPEAKER laid before the House the following request Managers on the part of the House. from the Senate; which the Clerk read as follows: Resolved That the Secretary be directed to request the House of Repre ENOCH STAHLER. sentatives to return to t he Senate the bill (S. 4316) providing for the appoint m ent of additional judges in the Indian Territory. The committee of conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill (H. R. The SPEAKER. Without objection, the request of the Se~ate 9256) granting an increase of pension to Enoch Stahler, having is agreed to. met, after full and free conference have agreed to recommend and CHANGE OF REFERENCE. do recommend to their respective Houses as follows: The SPEAKER laid before the House the following request for That the House concur in the Senate amendment. change of reference: w. A. CALDERHEAD, That the Committee on Private Land Claims be discharged ELIAS DEEMER, from the further c:msideration of the bill (S. 5245) and that the R. w. MIER, same be referred to the Committee ori the Public Lands. Managers on the part of the House. The SPEAKER. If there be no objection- Mr. UNDERWOOD. Mr. Speaker, I object. I can not hear P. J. M c CUMBER, what the bill is. N. B. S COTT, The SPEAKER. The Clerk will read the title of the bill. Managers on the pa?'t of the Senate. The· Clerk read as follows: The statement of the House conferees is as follows: A bill (S. 524.5) to idemnify G. W. Hardy and J oseph Lard, of Scott County, Miss., for homestead land by granting other lands mlieu thereof. This bill originally passed the House at $55 per month, but was Mr. UNDERWOOD. Is it a private bill, Mr. Speaker? amended in the Senate to $50 per J.+lOnth. As a result of the con The SPEAKER. It is uroposed to change the reference of this ference, the House conferees recommend to the House that the bill from the Committee on Private Land Claims to the Commit House recede and concur in the Senate amendment, and that the tee on the Public Lands. bill be passed at $50 per month. Mr. UNDERWOOD. As I understand the bill, it is a private w. A. CALDERHE~D, bill. ELIAS DEEMER, The SPEAKER. Yes; it is a Senate bill. The Chair hears no R. W. MIERs, objection. Managers on the part of the House. / 1904. CONGRESSIONAL RECORD- HOUSE. 5287 JOHN WEAVER. EXECUTIVE COMMUNICATIONS. Tho committee of conference on the disagreeing votes of the Under clause 2 of Rule XXIV. the following executive commu two House~ on the amendment of the Senate to the bill (H. R. nications were taken from the Spaaker 's table and reterred as fol 8925) grantin~ an increase of pension to John Weaver. having lows: met. after full and free conference have agreed to recommend and A letter from the Secretary of the Treasury, transmitting a do recommend to their respective Houses as follows: copy of a communication from the Secretary of War submitting That the House concur in the Senate amendment. an estimate of appropriations for payment of damages to privat.e W. A. CALDERHE.A.D, property by gun firing-to the Committee on Appropriations, and ELIAS DEEMlffi, ordered to be printed. ROBERT W~ MIERS. A letter from the assistant clerk of the Court of Claims, trans Managers on the part of the House. mitting a copy of the finding~!! filed by the court in the case of P. J. McCmmER, Jame S. Neal against The United States-to the Committee on N. B. SCOTT, War Claims, and ordered to be printed. Manage1·s on the part of the Senate, The statement of the Honse conferees is as follows: REPORTS OF COID\HTTEES ON P UBLIC BILLS AND This bill originally passed the Honse at 40 per month. but was RESOLUTIONS. amended in the Senate to $30. The result of the conference is Under clause 2 of Rule XIIL bills and resolutions of the follow that the Hon!!e conferees recommend that the Housa recede and ing titles were severally reported from comnrittees, delivered to concur in the Senate amendment, and that the bill be passed at the Clerk, and referred to the several Calendars therein named, as fdO per month. follows: w. A. CALDERHE.A.D, Mr. SULZER. from the Committee on Military Affairs, to which ELIAS DEEMER, was referred the Honse joint re olution (H. J. Rt'! . 52) for the RoBERT W. MrERs. pnrpo!'e of carrying out the provisions of Genera] Orders, No. Ht5, Managers on the part of the House. War Department, June 29. \863, for the pre entation of ,medals, reported the- same without amendment. accompanied by a report E.l'\ROLLED BILLS SIG~D. (No. 2716); whit;h said joint resolution and report were referred Mr. WACHTER, from the Committee on Enrollf'd Billi, re to the Committee of the Whole Honse on the state of the Union. ported that they had exarrrined and fonn bia, reported the same with amendment, accompanied by a report ADVERSE REPORTS. (No. 2435); which sMd bill and report were referred to the Com Under clause 2 of Ru1e XIII, adverse reports were delivered to mittee of the Whole House on the state of the Union. the Clerk, and laid on the table, as follows: Mr. HAl\IILTON, from the Committee on the Territories, to Mr. SLAYDEN, from the Committee on Military Affairs, to which was referred the bill of the Senate (S. 3338) to amend and which wa.s referred the bill of the Senate (S. 970) to authorize the codify the laws relating to municipal corporations in the district President to revoke the order dismissing William T. Godwin, of Alaska, reported the same without amendment, accompanied late first lieutenant, Tenth Infantry, United States Army, and to by a report (No. 2742); which said bill and report were referred place the said William T. Godwin on the retired list with the to the House Calendar. rank of first lieutenant, reported the same adversely, accom 1\fr. POWERS of Maine, from the Committee on the Terri panied by a report (No. 2737); which said bill and report were tories, to which was referred the bill of the Senate (S. 3035) sup ordered laid on the table. plemental to and amendatory of an act entitled ''An act making further provision for a civil government for Alaska, and for other purposes" approved June 6, 1900, reported the same without CHANGE OF REFERENCE. amendment, accompanied by a report (No. 2743); which said bill Under clause 2 of Ru1e XXII, the Committee on Invalid Pen and report were referred to the House Calendar. sions was discharged from the consideration of the bill (H. R. 13902) granting a pension to Annie Cook, and the same was re ferred to the Committee on Pensions. REPORTS OF COl\Il\IITTEES ON PRIVATE BILLS AND RESOLUTIONS. PUBLIC BILLS, RESOLUTIONS, AND MEMORIALS. Under clause 2 of Rule XIII, private bills and resolutions of the Under clause 3 of Rule XXII, bills, resolutions, and memorials following titles were severally reported from committees, deliv of the following titles were introduced and severally referred as ered to the Clerk, and referred to the Committee of the Whole follows: , House, as follows: By Mr. BONYNGE: A bill (H. R. 15280) to amend an act en Mr. BRADLEY, from the Committee on Invalid Pensions, to titled ' An act to regulate the immigration or aliens into the which was referred the bill of the House (H. R. 15204:) granting United States," approved March 3, 1903-to the Committee on an increase of pension to Mary Taggart, reported the same with Immigration and Naturalization. amendment, accompanied by a report (No. 2707); which said bill By Mr. FLACK: A bill (H. R. 15281) to establish a fish hatch and report were referred to the Private Calendar. ery· and fish-culture station in the county of Franklin, in the State 1\Ir. CROWLEY, from the Committee on Invalid Pensions, to of .New York, for the propagation of trout, bass, and other game which was referred the bill of the House (H. R. 14641) granting and food fishes-to the Committee on the Merchant Marine and a pension to Allan Dunning, reported the same without amend Fisheries. ment, accompanied by a report (No. 2708); which said bill and By Mr. THOMAS of North Carolina: A bill (H. R. 15282) to report were referred to the Private Calendar. establish United States courts at Goldsboro, N. C.-to the Com :Mr. MIERS of Indiana, from the Committee on Invalid Pen mittee on the Judiciary. sions, to which was referred the bill of the House (H. R. 13690) By Mr. MAYNARD: A bill (H. R. 15283) to provide for cele granting an increase of pension to C. H. John, reported the same brating the first permanent settlement in America of English with amendment, accompanied by a report (No. 2709); which said speaking people by holding an international naval ang marine bill and report were referred to the Private Calendar. exposition and industrial exhibit in the vicinity of Jamestown He also from the same committee, to which was referred the and on and near the waters of Hampton Roads, in the State of bill of the House (H. R. 12006) granting an increase of pension Virginia, and to authorize an appropriation in aid thereof-to the to Amelia Coster, reported the same with amendment, accompa Select Committee on Industrial Arts and Expo itions. nied by a report (No. 2710); which said bill and report were re By Mr. MARSH: A bill (H. R. 15284) granting to the Keokuk ferred to the Private Calendar. and Hamilton Water Power Company rights to construct and Mr. SULLOWA Y, from the Committee on Invalid Pensions, to maintain for the improvement of navigation and development which was referred the bill of the House (H. R. 749) granting an of water power a dam across the Mississippi River -to the Com increase of pension to Humphrey M. Glines, reported the same mittee on Interstate and Foreign Commerce. without amendment, accompanied by a report (No. 2711); which By l\Ir. CROMER: A bill (H. R. 15285) establishing a regular said bill and report were referred to the Private Calendar. term of the United States circuit and district couTts at Muncie, He also, from the same committee, to which was referred the Ind.-to the Committee on the Judiciary. bill of the House (H. R. 14882) granting a pension to Mary Ding By Mr. STEPHENS of Texas: A bill (H. R. 15286) legalizing a ler, reported the same with amendment, accompanied by a report certain ordinance of the city of Purcell, Ind. T .-to the Commit (No. 2712); which said bill and report were referred to the Pri tee on Indian Affairs. vate Calendar. By Mr. RIXEY (by request): A bill (H. R. 15287) for the. re He also, from the same committee, to which was referred the lief of acting (volunteer) officers of the United States Navy in bill of the Senate (S. 5475) granting a pension to Mary M. Rice, re the civil war-to the Committee on Naval Affairs. ported the same without amendment, accompanied by a report By Mr. SIMS: A bill (H. R. 15288) authorizing survey of Big (No. 2713); which said bill and report were referred to the Pri Sandy River, and for other purposes-to the Committee on Rivers vate Calendar. and Harbors. Mr. GRAFF, from the Committee on Claims, to which was re Also, a bill (H. R. 15289) authorizing survey of Beech River, ferred the bill of the House (H. R. 176) for the relief of Charles and for other purposes-to the Committee on Rivers and Harbors . .B. Bentley, reported the same with amendment, accompanied by By Mr. DINSMORE: A bill (H. R. 15290) for a public build a report (No. 2714); which said bill and report were referred to ing at the city of Fayetteville, Ark.-to the Committee on Public the Private Calendar. . Buildings and Grounds. Mr. BEALL of Texas, from the Committee on Claims, to which By Mr. BARTHOLDT: A joint resolution (H. J. Res. 149) au was referred the bill of the House (H. R. 7019) for the relief of thorizing the Secretary of War to allow to the Anheuser-Busch the creditors of the Deposit Savings Association, of Mobile, Ala., Brewing Association a right of way through the eastern limits of - reported the same without amendment, accompanied by a report the arsenal grounds at St. Louis, Mo.-to the Committee on (No. 2715); which said bill and report were referred to the Private Military Affairs. Calendar. By Mr. CHARLES B. LANDIS: A joint re olution (H. J. Res. Mr. DENNY, from the Committee on Military Affairs, to 150) providing for the publication of 50,000 copies of the Special which was referred the bill of the House (H. R. 5052) granting Report on the Diseases of Cattle-to the Committee on Printing. an honorable discharge to Eugene H. Ely, reported the same By Mr. STEPHENS of Texas: A memorial by the legislatm·e of without amendment, accompanied by a report (No. 2728); which the State of Texas, requesting Congress to pay the State of Texas said bill and report were referred to the Private Calendar. $50,874.53 on account of the transfer of Greer County to the Mr. PARKER, from the Committee on Military Affairs, to United States-to the Committee on Claims. which was referred the bill of the House (H. R. 14906) for the relief of H. B. Wise, reported the same with amendment, accom panied by a report (No. 2734); which said bill and report were re PRIVATE BILLS AND RESOLUTIONS. ferred to the Private Calendar. Under clause 1 of Rule XXII, private bills and resolutions of Mr. CALDERHEAD, from the Committee on Invalid Pensions, the following titles were introduced and severally referred as .to which was referred the bill of the House (H. R. 14336) grant follows: ing an increase of pension to Everton J. Conger, reported the By Mr. BONYNGE: A bill (H. R. 15291) granting an increase same with amendment, accompanied by a report (No. 2736); of pension to Albert N. Raymond-to the Committee on Invalid which said bill and report were referred to the Private Calendar. Pensions. • .·.I 1904.- OONGRESSION .A.L RECORD-HOUSE. 5289 Also, a bill (H. R. 15292) granting an increase of pension to By Mr. DAUGHERTY: Petition of Stephen C. Cault and 30 William Laws-to the Committee on Invalid Pensions. others, of .Kidder, Mo., in favor of the Hepburn-Dolliver bill-to By Mr. CALDWELL: A bill (H. R. 15293) granting an increase the Committee on the ·Judiciary. of pension to John P. Davis-to the Committee on Invalid Pensions. Also, petition of Rev. J. L. Hunley and22 others, of Jamesport, By Mr. CROMER: A bill (H. R. 15294:) granting a pension to Mo.~ in favor of the Hepburn-Dolliver bill-to the Committee on Prudence Jones-to the Committee on Invalid Pensions. the Judiciary. Also, a bill (H. R. 15295) granting a pension to Annie Coton By Mr. DOUGLAS: Resolution of the Twenty-seventh Assmn to the Committee on Invalid Pensions. bly District Republican Club, of New York City, relative to im Also, a bill (H. R.15296) granting a pension to Georgia Tyler migration-to the Committee on Immigration and Naturaliza to the Committee on Invalid Pensions. tion. Also, a bill (H. R. 15297) granting a pension to· John Ham By Mr. DOVENER: Papers to accompany bill H. R. 15135, mond-to the Committee on In-valid Pensions. granting an increase of pension to James E. Merrifield-to the Also, a bill (H. R.15298) granting a pension to Jacob Beckner Committee on Invalid Pensions. · to the Committee on Military Affairs. By Mr. ESCH: Petition of N. Olsson, of La Crosse, Wis., in By Mr. DRISCOLL: A bill (H. R. 15299) granting an increase favor of bill H. R. 9302-to the Committee on Ways and Means. of Rension to John Lines-to the Committee on Invalid Pensions. Also, petitionof the l\farineEng·neers' BeneficialAssociationof By Mr. DOUGHERTY: A bill (H. R. 15300) granting an in Stm·geon Bay, Wis., in favor of bill H. R. 14:620-to the Commit crease of pension to Thomas W. Brazzelton -to the Committee on tee on the Merchant Marine and Fisheries. Invalid Pensions. By Mr. HOWELL ofNew Jersey: Petition of soldiers and sailors Also, a bill (H. R. 15301) to correct the military record of of Lakehurst, N.J., against placing a statue of Gen. R. E. Lee James P. Asher-to the Committee on Military Affairs. in Statuary Hall-to the Committee on the Library. By Mr. HOWELL of New Jersey: A bill (H. R. 15302) for the By Mr. HOWELL of Utah: Petition of 75 residents of Santa relief of William H. Sloan-to the Committee on Military Affairs. quin, Utah, in favor of a parcels-post and a post-check bill-to the By Mr. HAMLIN: A bill (H. R. 15303) granting a pension to Committee on the Post-Office and Post-Roads. Mary J. Hubbard-to the Committee on Invalid Pensions. Also, petition of Rev. E. Tibbets and 13 others, of Denmark, By Mr. HENRY of Connecticut: A bill (H. R. 15304) to au Iowa, in favor of the Hepburn-Dolliver bill-to the Committee thorize the advance of Col. George M. Brayton, United States on the Judiciary. Army, one grade upon the retired list-to the Committee on Mili By ::M:r. KNAPP: Papers to accompany bill H. R. 14520, grant tary Affairs. ing a pension to J. H. McGraw-to the Committee on Pensions. _By Mr. HILDEBRANT (by request): A bill (H. R.15305) grant Also, petition of Star Grange, No.9, Patrons of Husbandry, of ing a pension to Isaac Clayton-to the Committee on Pensions. Hounsfield, N.Y., favoring the enactment of bill H. R. 9302-to By Mr. LLOYD: A bill (H. R. 15306) granting a pension to the Committee on Ways and Means. Laura E. Money-to the Committee on Invalid Pensions. By Mr. LEWIS: Petition of J. C. Strange and 18 others, of By Mr. LOUD: A bill (H. R. 15307) for the relief of Sarah Schley County, Ga., in favor of the Hepburn-Dolliver bill-to the Spaulding-to the Committee on Private Land Claims. Committee on the Judiciary. By Mr. MACON: A bill (H. R. 15308) granting an increase of By Mr. LILLEY: Resolution of the Chamber of Commerce of pension to Francis M. Prewett-to the Committee on Pensions. New Haven, Conn., favoring completion of the harbor of refuge By Mr. MEYER of Louisiana: A bill (H. R. 15309) for the re at Point Judith R. I.-to the Committee on Rivers and Harbors. lief of the estate of Marcellin Gillis, deceased-to the Committee Also, resolution of the Chambar of Commerce of New Haven, on War Claims. Conn., in favor of bill H. R. 7056-to the Committee on the Mer By Mr. MOON of Tennessee (by request): A bill (H. R. 15310) chant Marine and Fisheries. for the relief of T. T. Ricketts and L. C. Ricketts-to the Com By Mr. LITTLEFIELD: Petitions of citizens and fishermen of mittee on Claims. Lamoine, East Lamoine, and Frenchman Bay,-Me., relative to the By MI·. PATTERSON of Tennessee: A bill (H. R. 15311) for extermination of dogfish, etc.-to the Committee on the Merchant the relief of Col. Francis I. Crilly-to the Committee on Military Marine and Fisheries. Affairs. By Mr. LLOYD: Petition of 100 citizens of Shelbina, Mo., in By Mr. SIMS: A bill (H. R. 15312) for the relief of George favor of a parcels-post bill-to the Committee on the Post-Office Plunk-to the Committee on War Claims. and Post-Roads. Also, a bill (B. R. 15313) for the relief of Sidney Plunk-to the Also, papers to accompany bill granting an increase of pension Committee on War Claims. to Thomas Hancock-to the Committee on Invalid Pensions. Also. a bill (H. R. 15314) for the relief of the estate of 0. F. By Mr. LOUD: Petitions of citizens of Bay City, Mich., and Hendricks-to the Committee on War Claims. Typographical Union No. 81, in favor of the passage of an anti Also, a bill (H. R. 15315) for the relief of the estate of John A. injunction bill-to the Committee on the Judiciary. Criner-to the Committee on War Claims. By Mr. MACON: Papers to accompany bill granting an increase By Mr. ZENOR: A bill (H. R. 15316) granting a pension to of pension to Francis M. Prewett-to the Committee on Invalid Wilbur R. Ellis-to the Committee on Pensions. Pensions. By Mr. MARSHALL: Petition of H. H. Roberts and 21 others, of Tower City, N.Dak., in favor of the Hepburn-Dolliver bill PETITIONS, ETC. to the Committee on the Judiciary. Under clause 1 of Rule XXII, the following petitions and papers By Mr. MEYER of Louisiana: Petition of citizens of New Or· were laid on the Clerk's desk and referred as follows: leans, La., against passage of the Hepburn-Dolliver bill-to the By Mr. ADAMS of Pennsylvania: Petition of William R. Dasma Committee on the Judiciary. & Co., of Philadelphia, Pa., in favor of bill 'H. R. 9303-to the By Mr. :1\ITERS of Indiana: Papers to accompany bill granting Committee on Ways and Means. an increase of pension to George W. Morin-to the Committee on By Mr. BADGER: Resolution of the Columbus Board of Trade, Invalid Pensions. in favor of bill H. R. 9302-tothe Committee on Ways and Means. By Mr. MOON of Tennessee: Paper to accompany bill for relief By Mr. BEDE: Petition of members of J. S. Cady Post, No. 2, of Thomas Ricketts and wife-to th9 Committee on War Claims. Grand Army of the Republic, of Anoka, Minn., in favor of bill By Mr. MORRELL: Petition of William R. Dasner & Co. of H. R. 5760-to the Committee on Invalid Pensions. Philadelphia, Pa., in favor of bill H. R. 9303-to the Committee Also, petition of the L. W. Leithhead Drug Company, of Du on Ways and Means. luth, Minn., in favor of bill H. R. 9303-to the Committee on By Mr. RIXEY: Petition of citizens of Loudoun County, Va., Ways and Means. against the passage of a parcels-post bill-to the Committee on By Mr. BELL of California: Resolution of Napa Grange, No. the Post-Office and Post-Roads. 307, PatroiJ.s of Husbandry, of Napa, Cal., in favor of the Brown By 'Mr. SCOTT: Resolution of the South Kansas Conference of low good-roads bill-to the Committee on Agriculture. the Methodist Episcopal Church, in favor of the Hepburn-Dolliver By Mr. BRANDEGEE: Petition of citizens of Willimantic, bill-to the Committee on the Judiciary. Conn., favoring the adoption of the Platt-Rawley amendment to By Mr. SNOOK: Petition of William Beeler, in favor of bill billS. 276-to the Select Committee on Industrial Arts and Ex H. R. 5760-to the Committee on Invalid Pensions. positions. By Mr. SPERRY: Resolution of the Chamber of Commeree of By Mr. BUCKMAN: Papers to accompany bill H. R. 11897, New Haven, Conn., favoring the establishment of a national com granting an increase of pension to Samuel H. Hamilton-to the mission to investigate the merchant marine-to the Committee on Committee on Invalid Pensions. the Merchant Marine and Fisheries. By Mr. BURTON: Petition of the Pompeiian Manufacturing Also, resolution of the Chamber of Commerce of New Haven, Company, of·Qleveland, Ohio, in favor of bill H. R. 9303-to the Conn., favoring the completion of the harbor of refuge at Point Committee on Ways and Means. Judith, R. I.-to the Committee on Rivers and Ha-rbors. • 5290 OONGRESSIONAL RECORD-SENATE. APRIL 22, Also resolution of professors of Yale University, New Haven, a.ra.te memorial addresses delivered before the two Hon.<:es of Congress, a.s follows: On February 12, l&ia, by Ron. George Bancroft, on the life and ·har Conn .. favoring the bill creating the Colorado Cliff Dwellings acter of Abraham Lincoln late President of the United State- ; on February National Park-to the Committee on the Public Lands. 27, ltl82, by Bon. James G. Blaine\ on the life and character of James A. Gnr By Mr. UNDERWOOD: Petition of G. F. Harrington and 13 fteld. late Pr ident of the Unitea States; on February t7, 190'2, by Hon.John Hay, on the life and character of William McK·nley. late Pre. 1dent of the others, of Birmingham, Ala .. in favor of the Hepburn-Dolliver Umted States; e_OO) copies of which hall be for the use of the House of Rep bill-to the Committee on the Judiciary. resentatives and 5.!XX) copjes for the me of the Senate. The Joint Committee By Mr. VANDUZER: Petitions of A. C. Welch and 9 others, on Printing is hereby authorized to have the copy prepared for the Public of Reno, Nev.; J . D. Weeks and 18 others, of Clover, Nev., and Printer. E.- W. Taylor and 24 others, of Reno, Nev., in favor of the Hep Mr. PLATT of New York. By authority of the Committee on burn-Dolliver bill-to the Committee on the Judiciary. Printing, I ask concurrence in the resolution. By Mr. WANGER: Petition of the Society of Friends of Bucks The concurrent resolution was considered by unanimous con County, Pa., in favor of the Hepburn-Dolliver bill-to the Com sent, and agreed to. mittee on the Judiciary. By Mr. WEEMS: Papers to accompany bill H. R. 15190, grant MESSAGE FROM THE HOUSE. ing an increase of pension to James M. Paul-to the Committee A message from the House of Representatives, by 1\Ir. W. J. on Invalid Pensions. BROW~ G. its Chief Clerk. announced that the House had pa. sed with amendments the following bills in which it requested the concmTence of the Senate: · SENATE. A bill (S. 1343) to amend an act approved March 3, 1899, en FRIDAY, .A]Yrt122, 1904. titled ''An act to amend an act entitled 'An act to reim bur e the governors of States and Territories for expen es incurred by Prayer by Rev. ULYSSES G. B. PIERCE, of Washington City. them in aiding the United States to rai e and org nize and sup The Secretary proceeded to read the Journal of yesterday's ply and equip the Volunteer Army of the United States in the ex proceedings, when on the request of Mr. SPoO~ER. and by unani isting war with Spain, approved July 8, ll:m8,' etc., and for other mous consent, the further reading wa dispensed with. purposes;" ·The PRE::liDENT pro tempore. Without objection, the Jour A bill (S. 2268) to authorize the Absentee Wyandotte Indians nal will stand approved. to select certain lands. and for other purpo s; REJECTED OR SUSPENDED CLAmS. A bill (S. 23 2) providing for a. resurvey of certain townships The PRESIDENT pro tempore laid before the Senate a com in Routt and Rio Blanco counties. in the State of Colorado; munication from the Secretary of War, transmitting, in response A bill (S. 3036) for the protection of the Bull Run Foret Reserve to a. re olution of the 16th instant, a report of the Quartermaster and the sources of the water supply of the city of Portland, State General of the Army inclosing a list of claims for horses and of Oregon; and other prolJerty lost in the military service of the United States, A bill (S. 5M2) to provide a. temporary government of the canal etc.; which, with the accompanying papers, was referred to the zone at Panama and protection of the canal works, and for other Committee on Appropriations, and ordered to be printed. purposes. EDWARD D. SWEENEY. The message also announced that the Honse had passed the fol lowing bills and joint re olutions; in which it requ ted the con The PRESIDENT pro tempore laid before the Senate a com currence of the Senate: munication from the assi tant clerk of the Court of Claims, trans A bill (H. R. 2866) to amend an act entitled" An act to author mitting a certified copy of the findings of fact filed by the court ize the construction of a bridge across the Missi ippi River, at in the cause of Edward D. Sweeney v. The United States: which, Memphis, Tenn.," approved April 24, 18&$: mtb the accompanying paper. was referred to the Committee on A bill (H. R. 4474) to authorize the governor of the State of Claims; and ordered to be printed. Mi si sippi to select certain lands in part satisfaction of its grant FRANKLIN P . NASH. for university purposes; The PRESIDENT pro tempore laid before the Senate a com A bill (H. R.11444) to grant certain lands to the State of Ohio; munication fTom the Commi ioner of the District of Columbia, A bill (H. R. 11972) to authorize the Ox Bow Power Company, recommending that an item of $:-3.278.55 be included in the-general of South Dakota, to construct a dam across the Missouri deticiency appropriation bill to pay Franklin P. Nash the amount of River; judgment rendered in his favor. etc.: _which, with the ~cc?mpany A bill (H. R. 12044) to authorize the establishment of a life ing paper, was referred to the Committee on Appropnations, and saving station at or near Eagle Harbor, Keweenaw Point, ordered to be printed. :Mich.; HOUSE BILLS REFERRED. A bill (H. R . 13014) to authorize the, appointment of road over The following bills were severally read twice by their titles, and seers and to create road districts in the district o~ Alaska, and referred to the Committee on the Judiciary: for other purposes; A bill (H. R. 14.)ilil) to change and fix the time for holding the A bill (H. R. 13472) to bridge the Newark Bay; district and circuit courts for the northern division of the eastern A bill (H. R. 13481) to ratify and amend an agreement with district of Tennessee; and the Indians residing on the Sho hone or Wind River Indian Res A bill (H. R. 15228) establishing a regular term of the United ervation, in the State of Wyoming, and to make appropriations States circuit and district courts at East St. Louis, lll. for carrying the same into effect; A bill (H. R. 13626) to amend an act approved Augu.st13,1 94, MISSOURI RiVER BRIDGE. entitled ''An act for the protection of per ons furnishing mate The bill (H. R. 15195) authorizing the constrtiction of a wagon, rials and labor for the construction of public works; toll, and electric-railway bridge over- the Missouri River at Lex A bill (H. R. 145~~) to revive and amend an act entitled "An ington, Mo., was read twice by its title. act to authorize the Shreveport Bridge and Terminal Company Mr. STONE. That bill is exactly imilar in all respects and in to construct and maintain a bridge across Red River, in the State every detail with Senate bill 5549, which pa ed the Senate_ yester of Loui iana, at or near Shreveport; " day morning. I ask unanimous con ent that the House bill may A bill (H. R. 14590) to authorize the courts of county commis be con idered and p ed at this time. sioners of Houston and Dale counties, Ala., to corutruct a bridge There being no objection, the Senate, as in Committee of the aero s the Choctawhatchee River between Houston and Dale Whole, proceeded to consider the bill. counties, Ala.; The bill wa relJorted to the Senate without amendment, ordered A bill (H. R. 15165) to authorize the con..~truction of a bridge to a third reading. read the third time, and passed. across the navigable waters of St. Andrew~ Bay; Mr. STONE. I move to reconsider the vote by which the bill A joint resolution (H. J. Res. 103) providing for printing annu (S. 5;)49) authorizing the construction of a wagon, toll, and elec ally the report of the Director of the Office of Experiment Sta tric-railway bridge over the Missouri River at Lexington, Mo., tions, Department of Agriculture; and waH pas ed. A joint resolution (H. J. Res. 114 ) to extend the time for con The motion to reconsider was agreed to. struction of the Akron, Sterling and Northern Railroad, in Alaska. The PRESIDENT pro tempore. The bill will be indefinitely The me agefnrtherreturned to the Senate, incompliance With postponed. its request, the following bills: MEMORIAL ADDRESSES ON PRE IDENTS LINCOLN, GARFIELD, AND A bill (S. 3596) to amend section 2327 of the Revised Statutes M'KnrLEY. of the United States. concerning mineral lands; A bill (S. 4316) provicting for the appointment of additional The PRESIDENT pro tempore laid before the Senate th~ fol lowing concurrent resolution from the House of Representatives: judges in the Indian Territory: and A bill (H. R . 10046) granting an increase of pension to Thomas Resolved by the•Hou eof Representatt~ (theSenateconl!l'rring), That there be printed and bound in one volume, m cloth, 17,000 cop1es of the three sep- J. Campton.