"il096 CONGRESSIONAIJ RECORD-HOUSE crANU.A.RY2

1 WASIDNGTON Garber Lehlbach Peavey Sproul, Kans. in Garret~, Tenn. Lindsay Peery Stalker Blanche E. Lambert to be postmaster at lone, Wash., place Geran Linthicum Perlman Steagall of Elmer Thackston. lncUirtbent's commission expired Febru­ Gitl'ord Logan Phillips Sullivan ary 11, 1924. Glatfelter Lowrey Porter Sweet Goldsborough Lyon Pou Swoope Esther C. Bosma to be postmaster at Peshastin, Wash., in Graham McLeod Quayle Tabet· place of J. A. ·smith, resigned. Green :McNulty Ransley Tague Greenwood McSwain Reece Taylor, Colo. WEST VIRGil'.l:A Griffin McSweeney Reed, Ark. Thomp on August E. Mar chner to be postmaster at Wheeling, W! Va., Hall MacLafferty Reed, N.Y. Tinkham Hammer Uanlove Reed, W.Va. Tucker in place of ·w. H . .Marshall, deceased. Hastings Mansfield Richards Tydings Hawes Martin Roach Vp haw Haugen Mead Robsion, Ky. Vaile CONFIR~IA.TIONS Holaday Merritt Rogers, Mass. Yare Howard, Nebr. Michaelson Rogers, N.H. Ward, N.C. E xecutive nombwtions confirmed by the ·smwte January S, 1925 James Miller, Ill. Rouse Ward, :X. Y. COLLECTOR OF l1'.'"TER~AL R.EVEN"GE Johnson, Wash. 1\Iills Sabath Weayer Johnson, S. Dak, Minahan Salmon ·weller Edward E. Gnichtel to be collector of internal ~evenue for J ost Mooney Sanclers, Ind. Welsh the fifth district of New Jersey. Kearns Moore, Ill. Schafer Wet·tz Kendall Morin Schall Wilson, Ind. POSTMASTERS Kent Nelson, Wis. Scott Win low Kiess O'Brien Seger Wolff NEW YORK Kindred O'Connell, N.Y. Shallenberger Woodrum Robert E. Brown, Almond. Kunz O'Connell, R. I. Sherwood Wright LaGuardia O'Connor, La. Shreve Yate Anna l\1. Ball, Berkshire. Langley O'Connor, N.Y. Sites Ziblman John Sparks, Eldred. Lar en, Ga. O'Sullivan Smithwick Larson, Minn. Oliver, ' . Y. Snyder Lee G. Ayers, Richford. Lee, Ga. Patterson Spearing PEn ~ SYLVANIA The SPE.dKER. Two hundred and forty-one ~I embers have L'rsula Shelley, Richfield. answered to their munes, a quorum. Yiola l\1. Truax, Robertsdale. 1\lr. LONGWORTH. Mr. Speaker, I move to dispense with SOlJTH DAKOTA further proceedings under the call. Earl F. ' andenburg-, Conde. 'l'he motion was agreed to. Norman Lockwood, Doland. 'Ihe doors were opened. Levi J. Thomas, Ipswich. THE JOURNAL WEST VIRGINIA. The Journal of the proceedings of Wednesday, December 31, John ,V, Lamon, Bunker Hill. 1924, was read and approved. Lewis E. Winston, Ethel. .A.R:liY APPROPRIATION BILL Martin B. Taylor, Ganley Bridge. Mr. A.:.~THOI\"'Y, by direction of the Committee on Approprin­ John Brash, Glen Jean. tions, reported the bill (H. R. 11248, Rept. No. 1071) making W1lliam B. Murray, Minden. appropriations for the military and nonmilitary activitie · of the Ed"·ard 1\I. Tucker, Moorefield. War Department for the fiscal year ending June 30, 1926, antl Conrad H. Forst, Mount Hope. for other purposes, which was read a first and econd time, Arthur N. McKeever, Romney. and, together with the accompanying report, referred to the Committee of tlie Whole House on the state of the Union and ordered to be printed. HOUSE OF REPRESENTATIVES l\lr. HARRISON. Mr. Speaker, I reserve all points of order on tlle bi11. FRIDAY, January 13, 19B5 'l'he SPEAKER. Tile gentleman from Virginia resenes all The Hou ·e met at 12 o'clock noon. points of order. The Chaplain, Rev. James Shera .Montgomery, D. D., offered BA.RKLEY-HOWELL BILL the following prayer : l\1r. BARKLEY. 1\Ir. Speaker, I ask unanimou~ con ent to Almighty God, unto Thee we lift our hearts in confession, addre s the Hou ·e for five minutes. praise, and gratitude. 'rhou who art a.nd ey-ermore shall be, The SPEAKER. The gentleman from Kentucky a k uuani­ continue to feed our minds with wisdom and understanding. mou, consent to addre ·s the House for five minutes. I there 1\fay- we never count ourselves independent of the infinite source objection? of truth and all knowledge. By entreaty we would ask that There was no objection. our minds may be steadfastly fixed for the best purposes and Mr. BARKLEY. .1\lr. Speaker, for the benefit of Members of for the noblest ends. May we so value life that we may con­ the House and others who are interested in the railroad labor stantly realize it to be an everlasting echo of that life without bill, known as the Howell-Barkley bill, I desire to make a short end. Be near us and we shall have no fear ; let Thy light be statement. about us n.nd we shall see no darkness; rule in us and sin shall ".e are all familiar with the proceedings which took place lo ·e its power. Amen. in the last es ion of Congre ~ s with reference to thi bill-the discharge of the committee, the rulin.~; that the bill could be CALL OF THE HOUSE con ·idered only on the fir t and third 1\fondays in each month, 1\Ir. BLANTON. Mr. Speaker, I make the point of order and the filibuster which prevented its consideration even on that there is no quorum present. thosP. days. The SPEAKER. The gentleman from Texas makes the point There were two days of the present se sion· when it would of order that there is no quorum present. It is clear that there have been in order to consider the bill in the House, December is no quorum present. 1, the opening day of the se sion, and December 15, the day Mr. 'NELL. Mr. Speaker, I move a call of the House. set apart for memorial services in honor of Woodrow Wilson. The motion was agreed to. It "·a obYiously impracticable to take up the measure on either The Clerk called the roll, and the following Members failed of tho e day . to answer to their names : Next Monday, January 5, is the next day on which con· [Roll No. 17] sideration of the bill might be sought in the Hou e. ..lcla•rman Browne, Wis • Connolly, Pa. Drewry The companion bill to thi measure, introduced in the Senate Anderson Brumm Corning Driver Arnold Buckley Crosser Eagan by Senator HowELL, of Nebraska, was favorably reported at Bacharach Butler Crowther Edmonds the last session, with some small amendments, by the Senate Beck Carew Cullen Fairchild Committee on Interstate Commerce, and is now on the Senate Bee1·s Carter Curry Fairfield Het·ger Casey Dallinger Fenn Calendar with a favorable report. Bixler Celler Davey Fish I am advised that the chances for early consideration of the Bla c k , ~. Y. Christopherson Deal Fitzgerald Bland Clancy Dempsey Fredericks bill in the Senate are good. I am also advi eel that members Bloom Clark, Fla. Denison Free of the Senate committee, and other friends of the bill there, Bowling Clarke. N.Y. Dick tein Freeman are seeking, with fair chance of succe..,s, to compo e any exist­ Boylan Cole. Ohio Dominick Fulbright Brand, Ga. Collins Dough ton Fulmer ing difference of opinion regarding amendments propo ed by Britten Connally, Tex. Doyle Gallivan the Senate committee, in the hope of securing harmonious action llrowne, N.J. Connery Drane GambL'ill and satisfactory consideration of the bill in the Senate. 1925 CONGRESSIONAL RECORD-HOUSE 1097.

In view of this situation, the friends of the measure, botb H. R. 9518. An act granting the consent of Congress to the in and out of Congress, feel that it is not desirable for the State of Alabama, through its highway department, to con­ present to press for consideration in the House. Therefore, struct and maintain a bridge across the Coosa River at or the bill will not be called up on next Monday. near Leesburg, Ala. ; EXROLLED BILLS BIG NED H. R. 3748. An act for the relief of the Lebanon National Bank; Mr. ROSENBLOO~I, from the Committee on Enrolled Bills, reported that they had examined and found truly enrolled H. R. 6383. An act for the relief of the Maryland Casualty bills of the following titles, when the Speaker signed the same : Co., the United States Fidelity & Guaranty Co., of Baltimore, H. R. 8343. An act for the relief of Jim Ilennessee ; 1\Id., and the National Surety Co.; H. R. 7453. An act to amend an act approved March 3, 1909, H. R. 6541. An act to amend an act entitled "An act to pro­ entitled "An act for the removal of the restrictions on aliena­ vide for the disposal of the unallotted lands on the Omaha tion of lands of allottees of the Quapaw Agency, Okla., and the Indian Reservation, in the State of Nebraska " ; sale of all tribal lands, school, agency, or other buildings on H. R. 1082. An act for the relief of Henry A. Kes~el Co. any of the reservations within the jurisdiction of such agency, (Inc.) ; and for other purposes; H. R. 2869. An act for the establishment of a United States II. R. 7420. An act for the relief of Albert E. Laxton ; industrial reformatory; and H. R. 6506. An act for the relief of John Banmen; H. R. 7077. An act to amend an act entitled "An act to H. R. 7522. An act to authorize and direct is uance of patents amend an act entitled 'An act making appropriations for the to purchasers of lots in the town site of Bowdoin, Mont. ; current and contingent expenses of the Bureau of Indian Af­ H. R. 62-il. An act for the relief of llieut. E. J. McAllister; fairs, for fulfilling treaty stipulations with various Indian H. R. 5661. An act granting permission to Col. Harry F. tribes, and for other purposes, for the fiscal year ending June Rether , Quartermaster Corps, United States Army, to aceept 30, 1914,' apprm·ed June 30, 1913," approved 1\Iay 26, 1020. the gift of a Sevres statuette entitled "Le Courage 1\Iilitaire," SENATE BILLS REFERRED tendered by the President of the French Republic ; H. R. 4318. An act for the relief of Edward S. Scheibe ; Under clause 2 of Rule XXIV, Senate bills of the following H. R. 7194. An act for the relief of Bertram Gardiner, former titles were taken from the Speaker's table and referred to conector of internal revenue for the first district of New York; their appropriate committees, as indicated below: H. R. 3504. An act for the relief of Cornelia 1\1. A. Tower ; S. 1042. An act to provide .for the establishment of a pro­ H. R. 3505. An act for the relief of Fred W. Sticlmey and bation sy tern in the United States courts except in the Dis­ H. A. Reynolds ; trict of Columbia; to the Committee on the Judiciary. H. R. 2989. An act for the relief of Mrs. E. L. Guess ; S. 3392. An act to amend section 558 of the Code of Law H. R. 2373. An act for the relief of the Standard Oil Co. at for the District of Columbia; to the Committee on the Ju­ Savannah, Ga. ; diciary. H. R. 2335. An act for the relief of J. Jessop and sons; MESSAGE FROM THE PRESIDE~T OF THE U~ITED STATES H. R. 1078 . .An act for the relief of the Fred E. Jones Dredg­ ing Co.; A me sage in writing from the President of the United H. R. 2005. An act for the relief of William J. McGee; States, by ~1r. Latta, one of his secretarie . H. R. 4818. An act to perfect the title of purchasers of Indian WILLIAM J. OLIVER :M.Al\-uFACTURING CO. lands sold under the provisions of. the act of Congress of March 3, 1909 (35 Stat. L. p. 751), and the regulations pursu­ Mr. BURTON. Mr. Speaker, the Committee of the Whole ant thereto as applied to Indians of the Qua.Paw Agency; House on the state of the Union had under consideration the H. R. 4760. An act for the relief of the estate of C. M. Cole, bill (H. .R. 3132) for the relief of the William J. Oliver Manu­ of Butler County, Ky. ; facturing Co. and William J. Oliver, of Knoxville, Tenn., and H. R. 3388. An act to place the name of Paul Crum on the has directed me to report the same back to the House with muster rolls of Company E, First Regiment Nebraska Infan­ sundry amendments, with the recommendation that the amend­ try, United States Volunteers; ments be agreed to, and that fbe bill as amended do pass. H. R.1333. An act for the relief of Joseph P. Ryan; Mr. UNDERHILL. 1\Ir. Speaker, I move the preyious ques­ H. R. 914. An act granting six months' gratuity pay to Stans­ tion on the bill and amendments to final pa . age. field A. and Elizabeth G. Fuller ; The -previous question was ordered. H. R. 4275. An act authorizing the Ponca T.ribe of Indians The SPEAKER. I a separate vote demanded on any amend­ residing in the States of Oklahoma and Nebraska to submit ment? If not, the Chair will put the amendments in gross. claim to the Court of Claims ; The question is on agreeing to the amendments. H. R. 3046. An act for the relief of J. W. Cook ; The amendments were agreed to. H. R. 1682. An act for the .relief of the Stone 'Towing Line; The SPEAKER. The question is · on the engrossment and H. J. Res. 257. Joint resolution providing for the procurement third reading of the bill. of a design for the use of grounds in the vicinity of the Mall The bill was ordered to be engrossed and read a third time, by the United States Botanic Ga.rden ; and was read the third. time. H. R. 644. An act providing for the holding of the United The SPEAKER. The question now is on the passage of the States district and circuit courts at Poteau, Okla.; bill. II. R. 162. An act to amend the act establishing the eastern 1\lr. BOX. Mr. Speaker, I offer the following motion to re­ judicial district of Oklahoma, to establish a term of the United commit, which I send to the desk and ask to have read. States District Court for the Eastern Judicial District of Okla­ The Clerk read as follows: homa at Pauls Valley, Okla. ; Mr. Box moves to recommit the bill H. R. 3132 to the Committee H. R. 704. An act to authorize the Court of Appeals for the on Claims with instructions to report the same forthwith amended Fir t Circuit to hold sittings at San Juan, P. R.; by eliminating the item of $61,032.86 for the salary of the claimant, H. R. 5425. An act to provide for the dispo ition of moneys Oliver, for slightly more tl1an 14 months, at the rate of $50,000 per paid to or received by any official as a bribe which may be used year, by striking out the figures $170,757.86 on line 7 on page 1, and as evidence in any case growing out of any such transaction ; inserting in lieu thereof the figures $109,725. H. R. 4432. An act for the relief of Orville Paul ; H. R. 3511. An act to extend relief to the claimants in town­ Mr. BOX. Mr. Speaker, I moTe the previous question on the ship 16 north, ranges 32 and 33 east, Montana meridian, 1\Ion­ motion to recommit. tana; The previous question was ordered. H. R. 6817. An act to provide for the construction of a ves el The SPEAKER. The question is on the motion to recommit. for the Coast Guard; _ The question was taken; and on a division (demanded by H. R. 6384. An act for the relief of the Maryland Casualty Mr. Box) there were--ayes, 63 ; noes, 98. Co., the Fidelity & Deposit Co. of Maryland, and the United Mr. BOX. Mr. Speaker, I make the point of order that there States Fidelity & Guaranty Co., of Baltimore, Md. ; is no quorum present, and object to the vote on that ground. H. R. 7296. An act for the relief of John W. Dilks. Ur. BLANTON. l\Ir. Speaker, I demand the yen and nays. H. R. 8100. An act fo1· the relief of. the e tate of Charles L. The SPEAKEJR. The gentleman from Texas [i\Ir. Box] Freer, deceased ; makes the point of order that there is no quorum pre~ent. The H. R. 8545. An act conferring jurisdiction on the Court of Chair thinks there i no qnorum present. The Doorkeener will Claims to determine and report upon the interest. title, owner­ close the doors, the Sergeant at Arms will bring jn ahsent _!em­ ship, and right of possession of thE> Yankton .B:and of Santee bers, and the Clerk will call the roll. Tbe question is on the Sioux Indians to the Reu Pipestone quarries, Minnesota; motion to recommit. 1098 CONGRESS! ON AL RECORD-HOUSE· J.ANU.ARY2

The que tion was taken; and there were-yeas 96, p.a.ys Upshaw Wason Wilson, Ind. Woodrum 152, and not voting 183, as follows: Valle Weaver Winslow Wright Vare Weller Wolff [Roll No. 18] Ward, N.Y. "ertz Wood Yates YEAS-96 So the motion to recommit was rejected. Allen Dowell Kopp Romjue The Clerk announced the following pairs: A swell Evans, Iowa Kvale Rosenbloom On the vote: Ayres Evans, Mont. Lampert Rubey Barkley Frear Lanham Sanders, Tex. Mr. Collins (for) with Mr. Martin (auainst). n eedy Funk Lilly Schneider Mr. LaGuardia (for} with Mr. Reece (against). Bell Gambrill Linthicum Sears, Fla. General pairs : Black, Tex. Garuner, Ind. Lozier Speaks Blanton Garner, Tex. Major, Ill. Steagall Mr. Moore of Illinois with Mr. Arnold. Box · Garrett, Tex. Major, Mo. Stedman Mr. Denison With Mr. O'Connell of Rhode Island. Do.rce Gasque Mapes Sumners, Tex. Mr. Beers with Mr. Fulmer. Brand, Ohio Gilbert Milligan Taylor, W.Va. Mr. Garber with Mr. Hastings. Brig-gs Hardv Montague Thomas, Ky. Mr. Fenn "ith Mr. O'Sullivan. Bucllanan Hill, Wash. -Moore, \a. Tillman Mr. Keller with Mr, Fulbright. Burtne..;s Hooker Morehead Underwood Mr. Green \vith Mr. Lowrey. llu 'by Huddleston Morrow Vinson, Ky. Mr. Nelson of Wisconsin with Mr. Casey. Cannon Hull, Iowa Nelson, Me. Ward, N.C. Mr. Vaile with Mr. Mead. Clague Jeffers Oldfield Watkins Mr. James With Mr. Lee of Georgia. Cook Johnson, Ky. Oliver, Ala. Watres l\lr. Yates with Mr. Driver. Cooper, W'i • Johnson, Tex. Perkins Wefald Mr. Butler with Mr. Bland. Cramton Johnson, W.Va. Quin Williams, Mich. Mr. Patterson with Mr. Griffin. Crisp Jones Ramseyer Williams, Tex. Mr. Ackerman with Mr. Cullen. Croll Ketcham Rankin Wilson, Miss. Mr. Lehlbach with Mr. O'Connell of New York. Crosser Kincheloe Rathbone Wingo Mr. Reed of New York with Mr. Tucker. Cummings King Robinson, Iowa Woodruff Mr. McLaughlin of Nebraska with Mr. Smithwick. Mr. Cole of Ohio with l\Ir. Larsen of Georgia. NAYS-152 Mr. Sweet with Mr. Bowling. Abernetlly Fleetwood McClintic Sinnott Mr. Anderson with Mr. 1\IcSwain. Aldrich Foster McDuffie Smith Mr. Roach with Mr. Carew. Allgood French McFadden Snell Mr. Haugen with Mr. Sites. Almon Frothingham McKeown Sproul, Ill. Mr. Sanders of Indiana with Mr. Brand of Georgia. Andrew Fuller McLaughlin, Mich.Stengle Mr. Connolly of Penn ylvania with Mr. Drane. Anthony Gibson McReynolds Stephens Mr. 'l'inkham with Mr. Greenwood. Bacon Griest MacGregor Stevenson Mr. Britten with Mr. Garrett of Tennessee. Bankhead Guyer Magee, N.Y. Strong, Kans. Mr. Freeman with Mr. Pon. Barbour Hadley Magee, Pa. Strong, Pa. Mr. McKenz1e with Mr. Eagan. Begg Harrison Manlove Summers, Wash. Mr. Wood with Mr. Minahan. Black, N.Y. Hawley Michener Swank Mr. Perlman with l\!r. Bloom. Boies Hayden Miller, Wash. Swing Mr. Kearns with Mr. Howard of Nebraska. Browning Het·sey Moore, Ga. Taylor, Tenn. Mr. Brumm with Mr. Celler. Bulwinkle Hickey Moore, Ohio Temple Mr. Morin with Mr. Deal. Burdick Hill, Ala. Moores, Ind. Thatcher l\lr. Gifford with Mr. Gerau. Burton HillhMd. Morgan Thomas, Okla. Mr. Swoope with Mr. Dickstein. Byrnes, S. C. Hoc Monls Thompson Mt·. Free with Mr. Jost. Byrns, Tenn. Howard, Okla. Murphy Tilson Mr. Dallinger with Mr. Kent. Cable Hudson Newton, Minn. Timberlake Mr. MacLaiferty with Mr. Dominick. Campbell Hudspeth Newton, Mo. Tincher Mr. Porter with Mr. Hammer. Canfield Hull, Tenn. Nolan Treadway Mr. Ward of New York with Mr. Kindred. Carter Hull, William E. Paige Underhill Mr. Sproul of Kansas with Mr. Connery. Chindblom Humphreys Mr. Bixler with Mr. Davis of Tennessee. Park, Ga. Yestal Mr. Graham with l\lr. Gallivan. Clarke, N. Y. Jacobstein Parker Vincent, Mich. Cle:uy Johnson, S. Dak. Parks, Ark, Vinson, Ga. Mr. Dempsey with Mr. McSweeney. Cole, Iowa Kelly Mr. Taber with Mr. Connally of Texas. Prall Voigt Mr. Hall with Mr. Favrot. Collier Ken· Purnell Wainwright Mt·. Seger with 1\fr. Mooney. Colton Knutson Ragon Watson Mr. Kiess with Mr. Da-vey. Cooper, Ohio Kurt:ll llainey WPlsh 1\lr. McLeod with M.r. Glatfelter. Darrow Lankford Raker White, Kans. Mr. Fitzgerald with Mr. Corning. Dickinson, Iowa Lazaro Rayburn White, Me. Mr. Madden with Mr. Boylan. Dickinson, Mo. Lea, Calif. Reed, W.Va. Williams, Ill. Mr. Curry with Mr. Doughton. ­ Dyer Leach Reid, IlL Williamson Mr. Holaday with l\Ir, Buckley. Elliott Leatherwood Sanders, N. Y. Wilson, La. Mr. Beck with Mr. Goldsborough. Fairfield Leavitt Sandlin Winter Mr. Kendall with Mr. Drewry. Faust Lineberger Sears, Nebr. Wurzbach Mr. Wertz with Mr. Hawes. Fish Longworth Simmons Wyant Mr. Michaelson with Mr. Doyle. Fisher Luce Sinclair Zihlman Mr. Bacharach with Mr. Kunz. . . NOT VOTING-183 Mr. Snyder with Mt·. O'Connor of Lou1s1ana. Ackerman Dominick Kent Peavey Mr. Miller of Illinois with Mr. Rouse. Anderson D(){lghton Kiess Peery Mr. Peavey with Mr. Lindsay. Arnold Doyle Kindred Perlman Mr. Shreve with Mr. Oliver of New York. Bacharach Drane Kunz Phillips Mr. Wason with Mr. Sabath. Beck Drewry LaGuardia Porter Mr. Merritt with Mr. Richard . Beer Driver Langley Pou Mr. Stalker with Mr. O'Connor of New York. Berger Eagan Larsen, Ga. Quayle Mr Winslow with Mr. Reed of 'Arkansa ·. Bixlet· . Edmonds Larson, Minn. Ransley Mr: Robsion of Kentucky with Mr. Taylor of Colorado. Bland Fairchild Lee, Ga. Reece _ Mr. Phillips with Mr. Salmon. Bloom Favrot Lehlbach Reed. Ark. Mr. Vare with Mr. Quayle. . Bowling Fenn Lindsay Reed, N. Y. Mr. Rogers of :Ma achusetts with Mr. Rogers of New Hampshll'e. Boylan Fitzgerald Logan Richards Mr. Schall with Mr. Weaver. Brand, Ga. Fredericks Lowrey Roach Mr. Johnson of Washington with Mr. Sullivan. Brit ten Free Lyon Robsion, Ky. Mr. Schafer with Mr. Peery. . Browne, N.J. Freeman McKenzie Rogers, Mass. Mr. Browne of Wisconsin with Mr. Wilson of Indtana. Browne, Wis. Fulbright McLaughlin, Nebr.Rogers, N. H. Mr. Davis of Minnesota with Mr. Upshaw. Brumm Fulmer McLeod Rouse Mr. Scott with Mr. Mansfield. Buckley Gallivan McNulty Sabath l\Ir. Christopherson with Me. Tyilin;s. Garber Mr. Larson of Minnesota with My Lyon. Butler McSwain Salmon Mr. Fredericks with Mr. Spearing. Carew Garrett, Tenn. McSweeney Sanders, Ind. Mr. Edmonds- with Mr. Tague. Casey Geran MacLatierty Schafer Mr. Ransley with Mr. Weller. Celler Gifford ladden Schall Mr. Crowther with Mr. Wolff. Cri topherson Glatfelter Mansfield Scott Mr. Mills with Mr. Wright. Clancy Goldsborough Martin Seger Mr. Fairchild with Mr. Woodrum. Clark, Fla.. Graham Mead Shallenberger Cole, Ohio Green Merritt Sherwood Collin Greenwood Michaelson Shreve The result of the vote was announced as above recorded. Connally, Tex. Griffin Miller, Ill. Sites The SPEAKER. A quorum is present. The Doorkeeper will Connery Hnll Mills Smithwick open the doors. The question i on the pa . age of the bill. Connolly, Pa. Hammer Minahan Snyder The question was taken, and the Speaker announced the Corning Hastings Mooney Spearing Crowther Haugen Moore, Ill. Sproul, Kans. ayes seemed to ha\e it. Cullen Hawes Morin Stalker Mr. BOX. Division, Mr. Speaker. Curry Iloladay Nelson, Wis. Sullivan 'l'he House divided; and there were-aye 121, noes 27. Dallinger Howard, Nebr. O'Brien Sweet Davey Hull, Morton D. O'Connell, N. Y. Swoope Mr. BOX. Mr. Speaker, I object to the vote and make a Davi., Minn. James O'Connell, R. I. Taber point of no quorum. Davis, Tenn. Johns{)n, Wash. O'Connor, La. Tague Mr. LONGWORTH. 1\Ir. Speaker, I make the point of order Deal Jost O'Connor, N.Y. Taylor, Colo. Dempsey Kearns O'Sullivan Tinkham that the vote just taken disclosed the presence of a quorum, Denison Keller Oliver, N. Y. Tucker and the motion is dilatory. Dickstein ---- ../' ~Kendall Patterson Tydings_ Q'he SPEAKER._ trhe Chair thinks a quorum is present~ 1925 OONGRESSION AL RECORD-HOUSE ·1099

l\Ir. BOX. l\Ir. Speaker, I ask for the yeas and nays. read, have been passed upon as many times as twice, some of The SPEAKER Twenty gentlemen have arisen, not a suffi­ them already by the Congress. The balance of these bills, from cient number, and the yeas and nays are refused. No. 183 down on, never have had a hearing on unanimous­ So the bill was passed. consent day. It has been the practice in the eight years since On motion of :Mr. UNDERHILL, a motion to reconsider the I have been here to begin with the star number. vote by which the bill was passed was laid on the table. The SPEAKER. The Chair has read the motion as stated. MES .AGE FROM THE PRESIDENT-REPORT OF GOVERNOR GENERAL OF Perhaps it would be better to read it from the RECORD itself. PORTO RICO The gentleman from Ohio [l\lr. LoNGWOBTH] said: To tl1e Congress of the United States: Mr. Speaker, I ask unanimus consent that bills on the Private Calen­ As required by section 12 of the act of Congress of l\larch 2, dar unobjected to may be in order on Friday. 1917. entitled "An act to provide a civil government for Porto The Chair supposed he bad asked to begin where we had Rico, and for other purposes," I transmit herewith, for the left off at the last time. If not, the Chair thinks the gentleman information of the Congress, the Twenty-fourth Annual Report is correct in his point. But the only request that the House of tlle Governor of Porto Rico, including the reports of the agreed to was that we should take up the bills on the Private heads of the several departments of the Porto Rican Govern­ Calendar. I should suppose we would begin at the beginning. ment and that of the Auditor for the fiscal year ended June The Clerk will read the first bill on the House Calendar. 30, 1924. DR. 0. H. TITTMANN I concur in the recommendation of the Secretary of War. that this report be' printed as a congressional document. The first business on the Private Calendar was the bill CALVIN CooLIDGE. (H. R. 1917) for the relief of Dr. 0. H. Tittmann, former superintendent of the United States Coast and Geodetic Sur­ The WHITE HOUSE, January~' 1925. vey. The SPEAKER. Referred to the Committee on Insular Af­ The title of the bill was read. fairs and ordered to 8e printed. The SPEAKER. Is there objection to the present considera­ BILLS ON PRIVATE CALENDAR tion of this bill? The SPEAKER. By unanimous agreement, bills on the Mr. BLANTON. I object. Private Calendar lmobjected to will be taken up for consid­ The SPEAKER. Objection is made. The Clerk will report eration, and the Clerk will call the first bill where the call the next bill. ended the last time. NELLIE ROCHE M 1ANDREW HARRY D. RAYBURN, ALIAS DANIEL HARRIS The next business on the Private Calendar was the bill The Clerk read as follows: (H. R. 2574) granting a pension to Nellie Roche MCAndrew. A bill (H. R. 6554) providing that the records of the War Depart­ The title of the· bill was read. ment shall be amended to show the services of Daniel Harris, under The SPEAKER. Is there objection? bis true name, Harry D. Rayburn. l\Ir. BLANTON. Reserving the right to object, it has been the practice and custom on such a day as this to pass over The SPEAKER. Is there objection? these pension bills, because of the privilege that the Com­ Mr. CRISP. 1\lr. Speaker, a parliamentary inquiry-- mittee on Pensions has. They can bring in their omnibus Mr. BEGG. Why begin at No. 183 instead of beginning with pension bills at any time they see fit on that day. In order the beginning of the calendar-- to g~ve the other bills an opportunity, I think they should be Mr. BLANTON. :Mr. Speaker, reserving the right to ob· passed over. If they can not be passed over under agreement, ject-- I will ob.iect to them as they come up. Ur. BEGG. If that is a parliamentary inquiry. The SPEAKER. Without objection the bill will be passed The SPIDAKER. The Chair's understanding is that is done over. under the unanimous-consent agreement. There was no objection. 1\fr. BEGG. That agreement, as I understand it, was that The SPEAKER. The Clerk will report the next bilL the calendar would be taken up at the beginning of the calen· dar and go as far as we could. JOHN H. BARRETT AND WIFE The SPEAKER. The Chair does not remember the exact Tbe next business on the Private Calendar was the bill ·terms of the understanding. (H. R. 912) for the relief of John H. Barrett and wife. Mr. BLANTON. Mr. Speaker, I make the point of order that The title of the bill was read. the star is placed where we left off on the page where the Clerk The SPEAKER. Is there objection? started here and that under the custom of the House under Mr. BLACK of Texas. I object. such unanimous-consent agreements it is the practice to begin The SPEAKER. Objection is made. The Clerk will re­ where that star is, and you. will find it right opposite where the port the next bill. Clerk read. JERE:lUA.H o'CONNOR The SPEAKER. The Chair supposed that the intention was The next business on the Private Calendar was the bill to begin where we left off, but the gentleman from Ohio made (H. R 5517) authorizing the sale of certain Government prop­ the motion, and he remembers just -what the agreement was. erty in the District of Columbia to Jeremia~ O'Connor. Mr. LONGWORTH. That agreement, as I understood it, The title of the bill was read. wa to proceed at the beginning and continue. The SPEAKER. Is there objection? Mr. BLAt\"'TON. Yet you will find a star opposite the bill Mr. BEGG. I object. I following those we have pa sed on before. The SPEAKER. Objection is made. The Clerk will report l\Ir. LONGWORTH. I imagine thi is the proper procedure. the ne:rt bilL l\Ir. BEGG. Mr. Speaker, at the last session, of course, we PUBLIC LANDS, DISTRICT OF WAIAKEA, HAWAII took up this calendar several different nights and went through it a time or two, although at the last of the ses ion there were The next business on the Private Calendar was the bill a few hills put on ; but I think if reference is made to the floor (H. R. 6303) to authorize the governor and commis ioner of leader's request you will find that it is p:r:actically this: That public lands of the Territory of Hawaii to issue patents to unanimous consent is requested to take up the Private Calendar certain persons who purchased government lots in the district and consider only unobjected bills. Now, I think you will find of Waiakea, island of Hawaii, in accordance with act 33, that is practically the working. session laws of 1915, Legislature of Hawaii. · 1\lr. SEARS of Florida. l\1r. Speaker, a parliamentary The title of the bill was 1·ead. inquiry. The SPEAKER. Is there objection? The SPEAKER. The gentleman will state it. There was no objection. l\lr. SEARS of Florida. Following out what the gentleman The SPEAKER. The Clerk will report the bill. from Texas [1\Ir. Br~TON] stated, the gentleman from Ohio The Clerk read as follows: [Mr. BEGG] is mistaken. "\Ve never did complete the calendar Be it e-nacted, eto., That the governor and commi sioner of publie at the last session. There are bills on this calendar that never lands of the Territory of Hawaii are hereby authorized to issue patents :were reached. to the following-named persons, their successors or permitted assigns, l\1r. BEGG. But we did go through this calendar a night occupiers of lots in the Waiakea house lot tract, district of Waiakea, ·or two. island of Hawaii, which lots were sold by the Territorial government Mr. SE..ARS of Florida. You never reached a number of in accordance with act 33, session laws of 1915, Legislature of Hawaii: items on this bill. Pt·ovided, however, That no patents be issued until all contlitions · l\Ir. BLANTON. 1\fr. Speaker, the bills which precede the imposed by the Territorial ~overnment at the time of sale have beea J>tar numb~~ 183 on page 27 of jhe calendar, which the Clerk complied with: CONGRESSIONAL RECORD-HOUSE J..:-~NUARY 2

! Name No. Area Name No. Area

In block 1! In block li'-Continued Sq./ett Sq. /ut C h uichi Kimura ______------••••••• --••• ---•••••••• ----••• ---- 1 20,000 9 22,509 Kanekichi Yanaglhara .•• _•• _•••••••••• ---•• ------.------2 20,000 10 22, 50V Isojiro Kitagawa ____ -----.---••••••••••••••• ------····-----·--- 3 20,000 11 22,500 Komatsu Sakamot<>. ____ ------. ------·------·---~--·---- .20,000 12 22,500 Hideichi Nishimura. __ ------.------·------­ •li 20,000 13 22,500 Su.ketaro Maruo. ---__ ---__ •••• ------.-. ----•••••• --••••• ---·--- 6 20,000 14 2'.!, 500 Heitaro Egawa. -----••••••• ------·------­ 7 20,000 15 2'1,500 Kenichi Tanaka.------­ 8 20,000 ~1!~:~~1~~~-~~l=l~~ll~~;jj:~~:\f"l!::fl~llll!!;: 16 22,500 Usaburo Segawa .. ------~-- 9 20,000 1\fary Keaweopala•.• ------____ ------10 20, ()()(} In block 3.'1 Sa bjiro A be. ______••••• -----_ •••••••••••• _•••• --.------11 20,000 12 20,000 1 20,000 Wm. Edmonds •• __ ··--·--___ .---· ••• __ •• ·····------·-·-··----- 20, ()()() J uk:ichi 0 kino _____ •• __ •••••• ---. __ ••••••••••• ------.------.----- 13 20, ()()(} 2 3 20,000 J as. S. Kekela .. ------14 20,000 f~i~~=r:::::::::::::::::::::::::::::::::::::::::::::: 15 20,000 Fung Lau------···--··-··------5 20, ()()() t:~Jg~ w~:~a:::: ::::::::~: 16 20,000 7 20, ()()() ::::::::::::::::::::::::::::::: 6= t~~g==== ::::::::::::::::::::::::::::::::::::::::::::::::: 8 20, ()()() In block 1~ 9 2X>, 000 ~~eJ.i~~&:ombe!·_-::::::::::::::::::::::::::::::::::::::~ 10 20,000 Rev. Koo Ishikawa.• _. ___ •• __ ••.• _.---.------.------1 22,500 11 20,000 2 22, 500 ~F~eft~ ~~~=~::::: :::::::::::::::::::::::::: === ::::::::::::: 12 20,000 Esther Kekoa ..• ------···--·------John Puha Hale ______------13 20,000 1\Iary J. Kekela. --·------·---··-··------·------3 22,500 'Pihana Kaiawe______••• ------.----- 22,600 JohnLouise K. I. Akau.Wright._.------····------·--·--·------______-----·-- ______• ______14 20,000 •li 22,500 15 20,000 Wm. Kuikuipua ______------·--·------16 20,000 Mrs. HatsU)'Q Thompson ..• ------6 22,500 1\frs. Kaniho Wond. _. ------__ 7 22,500 Mary Lau On. __ ------In block ~4 Thomas Pedro, )r ______-----•• ------8 22,500 Mrs. Isuneyo Tanaka. __ ------9 22,500 Katsuyo Degawa.. ______----. ___ ------·-____ _ 1 20,000 Katsuichi Hashimoto ______.---•• ------lD 22,500 Herbert Lai Hip_._._-----·------·-·------···-- ___ _ 2 20,000 Shozo M urakamL _------·------11 22,500 Richard L. Kekoa .•.•.• -----····------·------·------­ 3 20,000 X. Wakimoto. ___ ------12 22,500 Alexander K. rawahi_------·-----­ 4 20,000 Junnosuki Ishizn __ ------­ 13 22,500 Robert J. McKeague_------6 20,000 Hirokichi Nishimura._------··------14 22,500 Fred Olepau Benjamin ___ ------__ 7 20,000 16 22,500 Taichiro Seto .• _. __ •. ___ ------·------Mrs.Manuel Lillian CabraL Yataro ______James. __ •. ------•• ______-_ 8 20,000 9 20,000 In block 19 Lizzie K. Watson. ____ ------·------10 20,000 11 20,000 Nobujiro Yoshino __ ------·------·------­ 1 20, ()()(} Marie_\nnie MartinsK. Heen ______------. -----_____ • ____ . ______• ------______•• ______2 20,000 ' 12 20,000 Mrs. Annie K. Low------­ 13 20,000 Giemon Sakumoto. __ . ------3 20,000 Anna K. Victor ___ ------___ ~--··-·------·------___ _ y oshio Koshimoto••.••••• __ •. ____ ---_------·------.•••.• 4 20r000 Stephen L. Desha, jr __ ------__ 14 20,000 Kintchiro Kobayashi ____ •••••• ----. __ ------·--___ ---··------5 20, ()()() Anthony Markiewitch. ___ ------__ 15 20,000 Nobnchi Nakao __ ------______------6 20,000 Duke Gomes Jardine. ____ ------·-----~------·------16 20,000 Kinzo Izumi ___ • ____ ------.---·------.--. 7 20,000 Hatsue Yamamoto._------·····----_____ ----.: __ ._------__ --- __ _ 8 20, fJOO In block SO Tsunekichi Kanai. _____ ------____ ------.. ---.-----_------9 20,000 Elizabeth K. Victor _____ ------__ ------__ 1 22, fi()(} Umekichl Kanai _•••• ------___ . ____ . __ ------_____ . ----. ____ _ 10 20,000 George T. !\1uraoka. _------______------..2 22,500 Manuel de Coito. _---··--·------­ 11 20,000 John K. KimL ------·- 3 22,500 Shizuma Honda Ota.. _. ------12 20,000 Antone KinL ______------____ ------·-- 5 22,500 Kalamau Kaanaana _. __ ••• _•• ______• ___ • _. _____ .• ____ • _--- __ ___ 13 20,000 Mary Duarte______------____ •.•• ______-----._ 6 22,500 Louisa K. Apu_ ------__ 14 20, ()()() Joseph C. Botelho ______------7 .22,500 Jl.lary Kaaumoana______---·· ------___ --•.• ____ _ 15 20,000 Mrs. Antonia Iesus Andrade •. ------1------8 22,600 Mary Ann .Akana.------__ 16 20,000 Sidney Smith ______------___ ------______g 22,500 Maria J. Rufino ______------10 22,500 In block 20 ~ Emmaline K. Lyman. __ ------··------11 22,500 Joaquin Lopes ______----__ ------_------______1 22,500 Mrs. Marie Cootie. ___ ------··-·--·------12 22,500 Kakutaro l\1aesaka. ______• ___ . ___ ------.------__ ~ ___ _ 2 22, 500 Helen K. Kaina _------13 22,500 Chun C. Tong ____ ------3 22,ii00 1\Ie.ry Ann H. RolL------14 22,000 Nobuichi Kimata. ___ ------__ 4 22,550 John C. Botelho ___ _--·------_ 15 22,500 Otto K. Reinhardt._------_ 5 22,500 Alice Pia :1\Ianuel. __ • _------______------16 22,500 Uyeno Yoshimatsu •. ------______----- ______----••• ______6 22,500 In bwek Emma Reinhardt. __ ------__ 7 ~.500 Nikichi Yailllgihara ___ ------_ 8 22, 51)() William J. BelL ______------____ ------'------: 1 20,000 John A. Lee ____ _------9 22,500 John Raposa ___ ------___ -----···---_ • 2 20,000 Mrs. Hana Watanabe._------______10 22,500 Sarah Hapai ______• _------______----______••• __ -----__ 3 20;000 Daniel Namahoe. _------____ _ 11 22,500 He.rry S. Hape.L •...•• --•• ------.-----.•• ----.--· ----••• ---·-. 4 20,000 K. Ikeda. __ ------12 22,500 Maria de Gloria Martin ..• ------13 22,500 In block4~ Keoahu Keliinui ___ • ------__ _ 14 22.500 1\fary Kahana._. ______•• ___ • ______•• ______• ____ ----___ _ Joseph de Costa.------____ _ 15 22,500 Mary da Silva !\fedeiros ______1 2X>, 000 2 20,000 En Kong Wung. ------·------16 22,500 Conceisio Aione.. _--·------····------3 20,000 In block f5 Elizabeth Desha Brown.------·-r------__ 4 20,000 T. Hirokane .. ____ ••• _. ____ •• ____ -__ -. ---•••• ----____ . ______13 27,116 In block 4.$ }.fasajiro Yamamoto _____ ---___ .~------____ ------__ _ 14 27,116 Rector Plymer Morton ______------15 Z7,116 Amos & Sarah da Costa.------~------·--- 1 22,500 Jessie Cecilia Swanston. ______------___ _ 16 27,116 W. H. Barringer _____ ------··------2 22,500 Me.nuel L. Andrade, jr. ------·------3 22,500 In block£6 Sonny 8. White._------4 22,500 Stella Kaiminaauao _____ ------___ ------__ 1 20,000 HR.ttie Ke.lanL------2 20,000 The SPEAKER. The question is on the engrossment and A I bert Correia. •• __ ---- ____ ••• ___ ----_---- _____ • ______3 20,000 Florence M. Like___ .----_____ •• ______-----______-----______third reading of the bill. Alfred Tavarez. ______20,000 •5 20,000 The bill was ordered to be engro. eel and reaci a third time, l\1ary K. Peterson.. ____ ------___ --- __ ------______6 20,000 was read the third time, and pas ed. Mary G. Pereira •• __ ------7 20, ()()() Emma Smith.---__ --.-__ ------__ •.•• ----____ .• ______8 20,000 The SPEAKER. The Clerk will report the next bill. Izume Kainchi ____ ------__ _ 9 20,000 :Mrs. Isabella Martin ______------__ 10 20, ()()() ALASKA RAILROAD I taro N e.kao ______------_------___ ------•• ----- __ 11 20,000 The next business on the PriV'ate Calendar wa the resolution Herman N. Kamai _------12 20,000 13 20, ()()() (H. J. Res. 226) for the relief of special disbursing agents af ~~u~~~~~n:!f~::::::::::::::::::::::::::::::::::::::::::::::::: 14 20,000 the Alaskan Engineering Commi sion, authorizing the payment Takichi Homma______-----__ ------_------______Esther Kahawai .. ______---______•• ______.• ______15 20,000 of certain claims, and for other purpo es, affecting the man­ 16 20,000 agement of the Alaska railroad. In block£7 The title of the resolution wa" read. Futoshi Are.kawa ______----____ ------·-----_------1 22,500 The SPEAKER. Is there objection to the present con­ Kenjiro Kodama. __ ------__ ------2 _22, 500 sideration of this resolution ·! Kitaro Te.kaha.shi ___ ------_------3 22,500 Kametaro Fujimoto_ •. ______.. ---______•. ______------4 22,500 Mr. STRONG of Kansas. Mr. 1 peaker, in the absence of the Ei.kichi Nakamoto _____ ---______----_----__ ---.------___ _ 5 22,500 chairman of the Committee on Territorie , who is ill, I am re­ Sentaro Kojima ______---_____ -----_------______6 22r500 quested to ask .that the -re ·olution be passed over without Sidney Masao Hamada... _------7 22,500 lchitaro Hora... --. _. __ --- __ -_.• -__ ----.--__ -----••• ____ •• ______8 22,500 prejudice.

,- 1 192!) CONGRESSIONAL R.ECORD-HOUSE 1101 The SPEAKER. Is there objection to the present consid· · The SPEAKER. The gentleman from Kansas asks unani­ mous consent that the resolution be passed over without preju· eration of the bill? 1\I~. BLAl\TTON. Mr. Speaker, I resen-e the right to object. dice. Is there objection? I think the gentleman should explain this bill. There was no objection. . Mr. VINSON of Georgia. If the gentleman from Texas will The SPEAKER. · The Clerk will report the next bill. read the report, he will get a very fine explanation of the bill. R. E • .A.MES, UNITED STATES NAVY, RETIRED 1\lr. BLANTON. Will the gentleman explain to the House The next business in order on the Private Calendar was the what is a landsman-seaman? I have heard of landsmen and bill (H. R. 1445) to change the retired status of Chief Pay seamen. Clerk R. E. Ames, United States Navy, retired. Mr. VINSON of Georgia. Well, it is a man who has been on The title of the bill was reacl. the land and who goes. to sea. The SPEAKER. Is there objection to the present considera· Mr. BLANTON. And a man who goes to sea and comes back tion of this bill? · , to the land is a seaman-landsman? 1\lr. BLANTON. 1\Ir. Speaker, the merit of this bill ought to Mr. VINSON of Georgia. Yes. be explained. Is there a gentleman on the floor who has an Mr. CHINDBLOM. Is he amphibious? interest in this bill? If not, I ask that it be passed over with· . Mr. VINSON of Georgia. Since the gentleman has informa· out prejudice. ti?n on th.e only point that was disturbing his mind, I hope he · The SPEAKER. The gentleman from Texas asks unanimous will permit the bill to be now considered on its merits.

does not •that rather ~et a prec-edent far his widow or his estate Mr. BLACK of Texas. For what reason? to come in and ask for the same thing? Mr. LINTHICUM. 1 do not think she is entitled to any acldi- Mr. LINTillCUM. It would provide one 'IIlore precedent. tiona! compensation. I have a letter from the War Department, dated December 10, Mr. BLACK of Texas. Was not this man in the en·ice 1924, which says: at the time? The records of the Bureau of Navigation show that the followmg· Mr. LINTHICUM.f th d Yes; he was in the service. He ser"Ved on one o e estroyers. bills have been passed by Congress granting six months' gratuity to Mr. BLACK of Texas. Then undoubtedly she would' be en· widows and mothers of officers and men who died as the result ot titled to receive compensation in addition to the insurance. wounds or disease contracted in the line of duty: H. R. 514• for the Mr. LINTHICUM. She is not getting any compensation. ~lief of Josephine H. Barin, mother <1f Louis T. Barin, late lieutenant, He did not die from any disability in line of duty but died United States Navy; H. R. 14089, for the relief of Harriet B. from influe~a. Let me answer the question a little more Castle- fully. This man served on one of the destroyers during the Mr. CHINDBLOM. What Co11t,ooress? entire war. He went back to Annapolis and later died at An· Mr. LINTHICUM. Just recently. I will come to that. napolis from influenza which, 1 think, was most likely super· {Reading :] induced from exposure on the destroyer. "Widow of Guy w. s. Castle, late lieutenant commander, United Mr. BLACK of Texas. She would be entitled to receive com· pensation under the war risk insurance act if his death was States Navy; H. R. 7921, for the relief of Alice P. Dewey- of service origin. That was passed in the last Congress. Mr. LINTHICUM. I do not know whether you can declare Mr. BEGG. Doe the gentleman care to yield? that of ervice origin or not, but I do know she is not get· :.Mr. LINTHICUM. In just a minute-- ting compensation. / widow of Rupert c. Dewey, late lieutenant colonel, United States Mr. BLAOK of Texas. Let me say to the gentleman from :Marine Corps ; and H. R. 8921, for the relief of Ellen McNamara, Maryland that I can see no better reason for granting six mother of Frank x. McNamara, ordinary seama.n, United States ~avY. months' additional pay to the dependents of an officer who died during that period of time than to grant six mouths' Mr. BLANTON. Will the .gentleman yield for one other additional pay to a private who died during the same period question'? of time. Mr. LINTHICUM. Certainly. Mr. LINTHICUM. I should be in favor of that also. l\Ir . .BLA.i~TON. trhe gentleman will remember that when Mr. BLACK of 'I:.'exas. If we pa ·s this bill, we would have the war risk insurance act was brought before the IIou~e by to pass thousands of similar private bills, pr ing receiving $57.50 a month. it simply because his case han_pens to be submitted by a l\Iem- 1\Ir. BLACK of Texas. As insmance? ber of Congres . If there is merit in one case, there is me1·it ~!r. LINTHICUM. As insnrance. in all cases similarly situated. Mr. BLACK of Texa . How much is she getting as compen- 1\lr. VINSON of Georgia.. The committee has been acting sation in addition to the insurance? favorably on all of them. ::Ur. LI~THICU!.\1. She is not getting any compensation, I Mr. BLACK of Texas. Then Jet the committee bring in a ao far .as ·I am aware. 1 general bill, dealing with all ~alikc. I object, lli. :Speaker.

.... 1925 CONGRESSIONAL RECORD-HOUSE 1103

WILLIAM H. ARMSTRO::'\G the Government. If we should pass this bill and the Near The next busines on the Private Calendar was the bill East Relief should be successful in maintaining its claim it ~ (H. R. 6442) for the relief of William H. Armstrong. against the Shipping Board and other claims may make, The Cl('rk read the title of the bill. then it will have funds after we have marked off $632,669. The SPEA.KER pro tempore. Is there objection to the pres- Mr. McLAUGHLIN of Michigan. I know nothing about the ent consideration of the bHl? other claims. Mr. BEGG. Reserving the right to object, I would like to Mr. BLANTON. Mr. Speaker, I object have some explanation. BLATTMANN & CO. l\Ir. HILL of Alabama. Mr. Speaker, I did not introduce the The next business on the Private Calendar was the bill bill. but I reportetl. it-- (S. 555) for the relief of Blattmann & Co . • Mr. BEGG. Does the gentleman think that a man who will The Clerk read the title of the bill. cheat in an examination has qualities fit for a captaincy in The SPEAKER pro tempore. Is there objection to the the .Army? present consideration of the bill? · Mr. HILL of Alabama. I think the gentleman goes pretty Mr. BEGG. Mr. Speaker, reserving the right to object, I strong when he uses the word " cheat." shall not object if the proponents of the bill are willing to Mr. llEGG. But that is what the evidence shows. accept a lower figure than that which is stated in the bill. l\fr. HILL of Alabama. I answer that by saying that two Mr. CRISP. Mr. Speaker, will the gentleman yield to me oilier men who were in the Army-- to make a statement? Mr. BEGG. Oh, that has nothing to do with the case. If 1\Ir. BEGG. Gladly. two other men who are not quite trustworthy have been ad­ Mr. CRISP. Mr. Speaker, I have no interest in this claim, mitted into the Army, that is no reason why this man except the same interest which each of you has, and that is should be. to do justice to a citizen of a friendly country whom I think Mr. HILL of Alabama. I think this man is absolutely trust- was rendered a great wrong unwittingly by this Government worthy. during the war. This claimant is a citizen of Switzerland. Mr. BEGG. Mr. Speaker, I object. He has no Congressman here to present his claim. Ex-Senator NEAB EAST BELIEF (INC,) Hoke Smith, from my State, is counsel for this claimant. The next business on the Private Calendar was the blll Senator Smith has called my attention to the claim and has '(S. 7) for the relief of the Near East Relief (Inc.). requested me to present it to the House. That is the only Tbe Clerk read the title of the bill. per~mna.l interest that I have in it Tbe SPEAKER pro tempore. Is there objection to the Mr. BLANTON. Mr. Speaker, will the gentleman yield? present consideration of the bill? Mr. CRISP. Yes. Mr. BLANTON. Mr. Speaker, I reserTe the right to object. Mr. BLANTON. This is the Senate bill 'l Mr. McLAUGHLIN of Michigan. Mr. Speaker, will the 1\!r. CRISP. Yes. gentleman reserve his objection for a moment? Mr. BLANTON. The gentleman is not going to resist the .Mr. BLAl~ON. Yes. amendment that has been put on the bill to send the matter Mr. McLAUGHLIN of Michigan. For what reason does the to the Court of Claims? gentleman expect to object? Mr. CRISP. Yes. And I shall tell the gentleman why if the l\1r. BLANTON. I would like to know some reasonable ex­ gentleman will let me make my statement. planation of why we should pay this. Mr. BLANTON. That would govern my action entirely. If Mr. BEGG. We will neT"er get the money anyhow. the gentleman is willing to have this amendment adopted, Mr. BULWINKLE. If the gentleman from Michigan will sending the matter to the Court of Claims, I would not object. permit, at the last session of Congress this bill was passed I am willing that these people shall have their day in court, in the Senate and came to the committee; that is, our Com­ but to pay $124,000 without any proper consideration by Con­ mittee on Claims. It was tbere alleged that the Near East gress I do not think ought to be done. Relief had no assets of any kind, and yet we find at the Mr. CRISP. I know that my friend from Texas is a very prl>-f'ent time that they have a claim against the United States useful Member of the House. He is industrious, and he has Government, through the Shipping Board, for some $300,000, reason for his actions here and for his objections. I ask overcharges, in transporting these goods ·and other goods to him to let me explain the matter and I will state very frankly tile .Near East territory. what I am going to ask the House to do. Blattmann & Co. Mr. McLAUGHLIN of Michigan. I do not kn'ow about that, was a Swiss partnership that for many years prior to 1914 but I can not see how it would have any beartng anyway. was engaged in manufacturing food pr:oducts. They bought Congress made a large appropriation for such work as the wheat gluten in the United States. In June, 1914, before Near Ea-st Relief, Y. M. C. A., and the Red Cross were doing. the war broke out, they made a contract with certain millers Certain amounts of money were regularly allotted to the ·Red in this country to furnish gluten. Under the terms of that Cro~s and other similar organizations, and the only trouble was contract the gluten was furnished from time to time and that the books of the Government were kept in a different way delivered in a bonded warehouse in New York City. respecting these allotments. A credit was given to the Red The National City Bank paid these millers for the gluten Gro~s, for instance, and it appears as a giftr as it actually wa-s. upon delivery. This contract w.as made before the war broke No payment of money was ever expected and none has e-rer out in 1914 and the gluten was to be delivered during tha been made. years 1914, 1915, and 1916. During the war ocean shipments Under the E:ame circumstances and for the same purpose were interfered with. One million fifty-se-ren thousand pounds goods were turned over to the Near East Relief. They should of gluten accumulated in the warehouse in New York, for have been a gift; they should not have been charged to the which Blattma.nn & Co. had paid in Cftsh for storage, insurance, Near East Relief when they were received, and it was not and interest to the National City Bank for the money advanced e-xpected by the Near East Relief that payment would ever to pay the same $127,000. In May, 1918, the Allen Property be asked or demanded. They had no assets out of which to Custodian took over this gluten on the ground that Blattmann & pay. It was a relief and a charitable proposition all along the Co. were alien enemies and trading with the enemy. At the line. time of tbe seizure this gluten was worth on the market 20 l\.Ir. UNDERHILL. Mr. Speaker, will the gentleman yield? cents a pound. The Government had stopped the manufacture Mr. McLAUGHLIN of Michigan. Yes. of gluten so as to make everybody eat whole-wheat bread. The Mr. UNDERHILL. Is it not the fact that the Near East price of gluten advanced. It had cost Blattman & Co. 12 cents a Relief had a certain amount of goods given them by the Gov­ pound and the e'idence showed it was worth 20 cents a pound ernment and then went to work on their own initiative and, at time of seizure. Under the alien law the National City practically without authority, took these additional goods, for Bank could not notify Blattma.nn that this had been seized, and which payment has been demanded and refused? it was about eight or nine months after the property had been l\Ir. McLAUGHLIN of Michigan. I do not so understand. seized and sold before Blattmann & Co. knew their goods had Mr. BLANTON. Certain funds of the Government were been taken at all. As soon as they found out they came to the turned over to this Near East Relief. United States and went to the Swiss Legation and that Mr. McL.A.UGHLIN of Michigan. Yes. legation took the matter up with the Attorney General of the l\Ir. BLANTON. It is now sought to have the accounts ad­ United States and our State Department. The Attorney ju.:-ted in the sum of $632,669. It wants a credit of that amount General held that the seizure was unlawful, and that the from the Government, claiming that it has no assets ; but, as Alien Property Custodian had no right to seize it, thad stated by our colleague [Mr. BULWI~KLE], the Kear East Relief Blattmann & Co. were citizens of a neutral and friendly country ha one claim of over $300,000 against another department of and were not trading a.t all with Germany, and therefore the 1104 CONGRESSIONAL RECORD-HOUSE J .AJ.~U ARY 2 seizure was unlawful. But in the meantime the Alien Prop­ the French Government gave the same company the same erty Custodian had sold this gluten, 1,057,000 pounds, to gentleman, penni ·ion to export goods from France' to Switzer­ Armour & Co. at 61,4 cents a pound. Blattmann & Co. paid land, and believes that thi"' is a clear claim for some uch 12 cents a pound for it, and it was worth at tha.t time 20 amount a~ t11e gentleman from Ohio [1.\fr. BEGG] has in mind, cents a pounds. Blattmann afterwards h·ied to buy it back and that It ought to be passed on some such basis a:-; that from Armour & Co. and offered to pay all of the expenses they because he belie\e it is the bet ihat the Government v;·Hi had incurred. They refused to do it. A year afterwards they be able to do in the long run. did buy back a large part of their own gluten from Armour & Mr. CRISP. Yes; the record hows that this bu iness was Co., paying them 18 cents a pound, for which Armour had paid inherited by lllattmann & Co. from his father and the contract 6:14 cents a pound. Now, a bill reimbursing Blattmann & Co. for ~is particular gluten was entered into in June, 1914, pa. ed the Senate in the last Congress, was favorably reported before Germany made war, and under the contract it arcumu­ by the Committee on Claims of the House, but it did not get lated because it could not be shipped. And the fact that the through. U~ited States Government returned the $65,894.14 whi<.:h the The bill which we are now considering has during this Allen Property Custodian received when he old this man's Congress again passed the Senate carrying $124,000, the ¥ood~ at 61,4 cents a pound, where he had paid 12 cents for it, amount being based on the value of the gluten at the 'time of IS evidence that the Government admits its mistake in , eizing the seizure at 18 cents a pound, which :would amount to the property of Blattmann & o. · $124,000. Now, in one of the letters from the secretary of the :Mr. BLANTON. The Alien Property Custodian seized this Swiss Legation to Secretary Hughes he a ked damages, or, property and sold it, and finally returned it, or at lea~t re­ rather, reimbursement to Dlattmann & Co. in the amount of turned the proceeds. He al Q seized the homestead of a citizen $61,000, and that was based on this : The gluten had originally in Austin, Tex., who had li\ecl there for 40 years, who ha

man in his calculation figured like this: Blattmann & Co. United States, and to award to them damages, if any, as they may bave brought over a million pounds of gluten. It was seized by actually incuiTed, based solely upon actual loss sustained, without the Government and sold to Armour & Co. at a loss to Blatt­ interest, by reason of the seizure and sale of 1,0~7 ,100 pounds of mann & Co. Then Blattmann & Co. turned around and bought devitalized gluten belonging to Blattmann & ~., taken and sold by the . back from Armour & Co. a little over half of it, this gluten, Alien Property Custodian. All questions of law ·and fact a.re expressly at 8 cents a pound. Now, if Blattmann & Co. bad not sold submitted to said Court of Claims." at a profit that gluten that they had repurchased, then I Mr. CRISP. Mr. Speaker, I desire to make a point of order agr('e to the gentleman's calculation. But there is not any against the committee amendment. My point of order is that evidence produced anywhere to show anything other than it is .~thout the authority of the committee to report it and that Blattmann & Co. made a legitimate profit on half of the that It IS not germane to the bill. The bill is a bill appropriat­ gluten that they repurchased. ing $124,000 out of the Treasury, and the amendment proposes Therefore I refused to figure in, in arriving at the dam­ to refer the matter to the Court of Claims. I can not put my ages, the cost of 18 cents to Blattmann, but took his original hand on them-the parliamentarian, who is very efficient and cost. Here is the way I have figured the cost : I took the able, can-but there are decisions sustaining similar points of total investment of Mr. Blattmann ; I added theteto all the order, and it has been universally held-- insurance and storage charges; I added thereto his interest Mr. BLANTON. Why not withdraw the point of order and of $22,000 up until the time the settlement was proposed by let us vote down the committee amendment? · the Swiss minister ; then from that total I deducted the Mr. CRISP. All right. Mr. Speaker, I withdraw my point $6:>,000, in round numbers, which the Government paid to of order, and I hope the House will reject the committee him, being the amount that Armour paid, 6% cents a pound, amendment. for the total of it, and that left due Mr. Blattmann around · $61,000. To show the unusual fairness, you must remember Mr. BEGG. The Speaker sustained the gentleman's point the 61,000 includes $22,000 worth of interest, which was of order the other day. rightfully due Blattmann two years and more ago. I figured Mr. CRISP. I know, but I am skating on thin ice. 6 per cent interest from the date of seizure down to date, The SPEAKER pro tempore. The gentleman withdraws his giving a total of $64,312.02. point of order, and the Clerk will report the committee amend­ Now, I maintain that when I figure interest on interest of ment. $22.000 I have not harmed Mr. Blattmann. When I figure in­ The Clerk read as follows : tere t on the amount of money covered by insurance and Strike out all after the enacting clause and insert the following: storage I have not harmed Mr. Blattmann, and when I give "That the Court of Claims is hereby authorized to hear and determine him G per cent on his principal from the time of the seizure the claim of Blattmann & Co., of Waedenswil, Switzerland, against the down to date I have not harmed him. The only thing I have United States, and to award to them such damages, if any, as they may refused to allow him is any profit other than the profit he have actually incurred, based solely upon actual loss sustained, without might make if he got his money for less than 6 per cent. interest, by reason of the seizure and sale of 1,057,100 pounds of de­ Now. I submit to the House that is absolutely fair, unless the vitalized gluten belonging to Blattmann & Co., taken and sold by the House cares to recognize Mr. Blattmann's right to some profit. Alien Property Custodian. All questions of law and fact are expressly I have not taken that into consideration. And I am going to submitted to sa:id Court o:f Claims." say that if the conferees come bark with $124,00().-and I do not believe they are any more entitled to $124,000 than they The SPEAKER pro tempore. The question is on the adoption are to $250,000, only that the attorney handling the case since of the committee amendment. the Swiss minister offered to settle did not ask a fee of The committee amendment was rejected. enough to run it up to $250,000. And if I thought the con­ Mr. CRISP. Mr. Speaker, I offer an amendment striking out ferees would come back with anything like that, I would not of the bill where it appears in line 8, the sum of "$124,383. 86 '' let it go. But I do not believe the conferees on the side of and substituting in lieu thereof " $64,312.02." I trust the co~­ the House will agree to more than $64:,000 1n the face of this mittee will accept the amendment, because I obligated myself statement as to how the $64,000 was arrived at. to ask the committee to accept it. Mr. BLANTON. Will the gentleman yield, with the per- Mr. UNDERHILL. The committee accepts the amendment. mission of the gentleman from ·Georgia? Mr. BLANTON. Mr. Speaker, I ask unanimous consent to 1\Ir. CRISP. The gentleman has my permission. speak out of order for five minutes. 1\Ir. BEGG. And I yield. The SPEAKER pro tempore. The gt=mtleman from Texas Mr. BLANTON. The gentleman from Ohio started to tell asks unanimous consent to speak out of order for five minutes. us what he was ,going to do if the conferees should bring back Is there objection? a larger sum. There was no objection. Mr. BEGG. I would object and fight it, and try to keep 1\Ir. BLANTON. Mr. Speaker, I am in favor of this amend­ the conference report from being adopted by making a state­ ment, and I am glad that the gentleman from Ohio was big ment with regard to the figures and how I have arrived at enough and strong enough to force this amendment to be offered. them. The more I serve with the gentleman the more I like him. 1\lr. BLANTON. And the gentleman thinks he can keep 1\lr. UNDERHILL. May I interrupt the gentleman right the smaller sum in the bill? there? There was no forcing about it. Mr. BEGG. I do not believe the conferees on this bill will _Mr. BLAN"TON. Just a moment. I think the gentleman is yield. I think they will be in a position to hold out in­ the biggest man I ever saw. [Laughter and applause.] The definitely. President of the United States the other day, through the 1\Ir. CRISP. I just want to make one statement, and then I insistence of the Washington newspapers, just every day ham­ am not going to take up any more time. I make this statement mering on him, permitted, I will say, the chairman of the so­ in justice to ex-Senator Hoke Smith, who is the attorney. called Rent Commission to prepare a bill which I knew would There is not 1 cent included in this $64,000 or $97,000 as a be prepared. I predicted a year ago it would be prepared just fee for Senator Smith. 'Vhatever fee he may get for his before the Rent Commission died this year in order to make it services comes out of the claimant, just like any plainti.ff em­ permanent. The President permitted such a b\ll to be drawn ploys an attorney and has him go into court. The Government and sent it to Congress, and the newspapers say it is the Presi­ , of the United States is not contributing 1 cent in this amount dent's bill. I want you to rea:d the President's letter sending or the other amount as a fee. that bill to the chaii·man of the Committee on the District of The SPEAKER pro tempore. Is there objection to the pres- Columbia and determine whether it is his bill or not. My ent consideration of the bill? · construction of his letter is merely that he wanted our com­ There was no objection. mittee to consider it. If it is unconstitutional, of course it The Clerk read the bill, as follows : can not be his bill. If it is unconstitutional, of course he does Be it enacted, etc., That the sum of $124,383.86 is hereby appropri­ not want it passed. If it destroys basic constitutional rights, ated, out of any money in the Treasury not otherwise appropriated, for of course he did not intend for the committee to favorably the purpose of compensating Blattmrum & Co., of Waedenswil, Switzer­ report it. He merely wants it considered. land, for losses sustained through the wrongful seizure and sale of But what astonished me more than anything else was to read 1,057,100 pounds of devitalized gluten by the Alien Property Custodian in the morning paper the statement that there would be a of the United Stat<'s, which belonged to the said Blattmann & Co. conference to-day between the distinguished gentleman from Ohio [Mr. BEGG], who is not even a member of tlle Committee With the following committee amendment: on the District of Columbia, to which the .bill was referred, and Sh·ike out all after the enacting clause and insert the following: the gentleman from Wisconsin [Mr. LAMPERT] to determine in "That the Court of Claims is hereby authorized to hea.r and determine such conference just how far that committee would hold hear­ ( the claim of Blattmann & Co., of Waedenswil, Switzerland, against the ings on this outrageous bill. Therefore, I must repeat that the

- 1106 OO:XGRESSIOXAL RECORD-HOUSE JANUARY 2

distinguished gentleman from Ohio [:Ur. BEGG] is about the .A.menclment offered. by ~It·. Cm P: raac 1, line 3, strike out the biggest man I e-rer aw, if he can l10ld a two-man conference figures " $124,383..86 " and insert in lieu thereof the figures " $G4,· and determine just how fal' hearing sllall be held on important 312.02." legislation that will vitally affect er-ery property owner in the 1..: nited States. · _ The SPEAKER pro tempore. The question is on the adop­ Mr. BEGG. In what new ~ paper did you see that? tion of the amendment. ~1r. BLA:XTOX That i in the Washington Herald of this The amendment was agreed to. morning. Let me quote the.. e excerpts from it : The SPEAKER pro tempore. The que tion is on the third reading of the Senate bill. Backers of rent bill arc confident-Measure President sponsors ex­ The bill was ordered to be read a third time, was read the pected to pass at this ses ion-Long hearings opposed-Evidence third time, and passed. given la ·t {'lpring is ufticient, BEGO and L.A.:)IPEBr holu. On motion of Mr. CRISP, a motion to recons:der the vote by ~hen following the abo-ve startling headlines in box-car let­ which the bill was passd yras laid on the table. ter , I quote the following excerpts from the news item: C.A.~.A.DIA~ PACIFIC RAILWAY CO. Representative JAMES T. B"EGG, of Ohio, leader in la t year's fight to extend the rent law, aid yesteruay he had talked with leaders on the The next bu iness on the Private Calend:u· was the bill Republican side oi' the House and is certain the bill will pass in the (H. R. 8297) for the relief of the Canadian Pacific Railway .Co. Hou e. Tile SPEAKER pro tempore. Is there obj~tion to the pres­ ent consideration of the bill? llEGG IS COXFIDE~T :\fr. BLANTON. ~lr. Speaker. reserving the right to object, lie said: "There i. no qpe tion about the pas nge of the bill at this will the gentleman explain the bill? se ' ion. The President is behind .the measure, and his support will win l\.fr. KELLER Mr. Speaker, there is not much to explain it enough votes to carry it through even if "\\C do not already ha>e a majority." about this bill. This is for the relief of the Canadian Pacific· Railway. Some few year ago a thousand bags of rice were While the President's interest in the bill admittedly givrs the meas­ shipped inta this country for export, but by some error there ure new importance, it is believed there were enou~h votes in the was a duty placed on them and later on the rice was exported. IJouse to pa s the measure e\' en if it had not been indorsed by the President. Mr. BLA...'lTON. Mr. Speaker, I withdraw the reservation. The SPEAKER pro tempore. Is there objection to the pres- BACKS LAMPERT ent consideration of the bill? BEGG ye terday indor ed the stand taken by Repre entath·e LAMPEn·r, There was no objection. chairman of the llou e Di trict subcommittee in char·ge of the bill. The Clerk 1·ead the bill, as follows: J... Alii'ERT has announced hi·· objection to holding protracted hearings on the bill before submitting it to the llou e. Be it enacted~ etc.~ That the Secretary of the Treasut•y is hereby -authorized and uirected to pay to the Canadian Pacific Railway Co., BEGG and L.U.IPERr have conferred on the meaRIH'<'. BEGG is now studying the bill that was sent to the Ilou e Di trict Committee by out of any money in the Treasury not otherwise appropriated, the urn of $2,103, and such sum is hereby appropriated to reimburse the President Coolidge. He expects to meet with LAMPERl' to-day or to­ morrow and decide on the extent of the hearings. Canadian Pacific Railway Co. for customs duty paid in error in con­ nection with shipment of 1,000 bags of rice covered by consumption :ur. COOPER of Wi ~ con ~ in. Regular order! entry Xo. H-2619 of June Hl, 1917, port or Richford, Vt. Mr. BLANTON. I got permi.:sion beforehand to "peak out The SPEAKER pro tempore. The question is on the engross­ of order. I fore..,aw what might come from Wiscou in. ment and third reading of the bill. I hope that e-rery Member of thi" House will carefully read that bill and tudy it, and see just how far-reaching it effects The bill was ordered to be engrossed and read a third time, are on the property right'3 of the country. This is sought to '"as read the third time, and pas"ed. be made a rent bill to be copied by the entire "Cnitell States. MILTON "ll. FEX~EB Mr. U~l)ERHILL. Will the gentleman yield? The next business on the Private Calendar was the bill Mr. BLANTON. Yes. (H. R. 2105) for the relief of ~lilton l\1. Fenner. Mr. UNDERHILL. Will the gentleman include in his re­ The Clerk read the title of the bill. que t of the House that they also read the letter which the The SPEAKER pro tempore. Is there objection to the pres· Pre ·ident sent to the Di -trict Committee? ent consideration of the bill? · Mr. BLANTON. Oh, ye · they ought to read that. In my There was no objection. judgment, the President will not be behind it when he under­ The Clerk read the bill, as follows : 'tands it. He is now merely expressing sympathy for abused tenants. Be it enactea, etc., That the President be, and be is hereby, au4 Mr. TIKCHER and Mr. "McKEOWN ro ~ e. thorized to nominate, and, by and with the consent of the Senate, Mr. BLANTON. I will yield in just a moment. I only appoint Milton M. J!'enner an ensign in the United States Navy, and have five minutes, and I know the gentleman from Wisconsin place him upon the retired list as such with three-quarters pay of his will not let me speak longer than that. grade : PJ'01Jidea, That the said Ensign Fenner shall not, by the passage In the intere.·t of our oath to uphold the Constitution of the of this act, be entitled to back pay or allowance. United States, in the intere. t of not de troying an important The SPEA..KER. pro tempore. The question is on the engross· basic foundation J)rinciple of our Government, I hope you will ment and third reading of the bill. ·tudy that bill. It is going to be rn hed through our com­ Tile bill was ordered to be engrossed and read a third time, mittee it is going to be brought on this floor in a rush and was read the third time, and pas ed. au att~mpt made to rush it through Cong~·e . s without debate. HERBERT ELLIOTT STEVENS It -ritally affects every property holder in the United States. Whenever you desh·oy the rlght to own and hold private The next business on the Private Calendar was the bill (H. property-! do not own much of it, I am sorry to say; I wish R. 2921) for the relief of Paymaster Herbert Elliott Stevens, I owned more-but whene-rer you destroy the right to hold United States Navy. private property you are undermining one of the very founda­ The Clerk read the title of the bill. tion stones of this Government. The SPEAKER pro tempore. Is there objection to the pres4 Mr. McKEOWN. Will the gentleman yield for a question? ent con ideration of the bill? Mr. BLANTON. Certainly. l\Ir. BLANTON. 1\Ir. Speaker, I object. Mr. McKEOWN. Does the gentleman realize how far­ WALTER BAKEB reaching the landlords at·e reaching in the pockets of the tenants'? [Laughter and applau e.] The next busine son the Private Calendar was the bill (II. R. 5639) for the relief of Walter Baker. Mr. BLANTON. Oh, ye ; I know that, and I deeply sym­ The Clerk read the title of the bill. pathize with the tenants; but if you could onee get rid of this little rent commission that is seeking to hold on to their sala­ The SPEAKER pro tempore. Is there obj~tion to the rie as long as they can and to make their commission per­ present consideration of the bill? manent-if you could get rid of that commission, then "old Mr. BEGG. Mr. Speaker, I object. supply and demand" will regulate the rents of this District. OMNIBUS PE~SION BILL You can not beat "supply and demand." The next business on the Private Calendar was the bill (H. R. The SPEAKER pro tempore. The Clerk will report the 9178) granting pensions and increase of pensions to certain amendment offered by the gentleman from Georgia [Mr. soldiers and sailors of the Regular Army and Navy, and cer4 CRISP]. tain soldiers and sailors of wars other than the Civil 'Var, The Clerk 1·ead as follows: and to widows of such soldiers and sai:'Prs. 1920 CONGRESSIONAL RECOR.D-HOUSE ifl07

The SPEAKER pro tempore. Is there objection to the JA"MES F. ABBOTT present consideration of the bill'? The next businc:>ss on the Private Calendar was 1lhe bill Mr. BLANTON. Mr. Speaker, in view of the fact. that the (H. R. 5759} for the relief of James F. Abbott. Pension Committee has a special privilege and a special day I The Clerk read the title of the bilL object. The SPEAKER pro tempore. Is there objection to tl::e pres· RAMON B. IIABRISO~ ent consideration of the bill? The next busine s on the Private Calendar wa the bill (H. R. There was no objection. 7'508) for the relief of Ramon B. Harri on. The Clerk read the bil1, as folloW's: The Clerk read the title of the bill. Be it enacted, etc., That there be paid, out of any money in the The SPEAKER pro tempore. Is there objection to the Treasury not otherwise appropriated, the sum of $1,302 to James F. present consideration of the bill? Abbott, commercial attache to the embas~y at Tokyo, Japan, to com­ There was no objection. pensate him in full for all claims he may have against the United The Clerk read the bill, as follows : States arising out of expenses incurred on an official trip of invl'stiga· Be it enacted, eto., That in the administration of any laws conferring tion to eastern Sibet·ia during 1921. rights, privileges, and benefits upon honorably discharged officers, The SP~R pro tempore. The que tion is on the en· Ramon B. Harrison, who was a captain of Infantry, United States grossment and third reading of the bill. Army, shall hereafter be held and considered to have been discharged The bill was ordered to be engros ed and read a third time, honorably from the military service of the United States on the 23d was read the third time, and passed. day of December, 1920. FffiST ST.ATE SA.ITXGS BAXK OF GLADWI~, MICH. With the following committee amendment: The next bu. iness on the Pri\'ate Calendar was the bill Line 8, after the figures " 1920," strike out the period and insert a (H. R. 8226) granting a patent to the Fir-st State Sa\ing Bank colon and the language: "Provided) That no pay, pension, or allow­ of Gladwin, :\licb. ance shall be held to have accrued prior to the passage of this act." The Clerk read the title of the bill. The SPEAKER pro tempore. The quesiton is on agreeing to The SPEAKER pro tempore. Is there objection to the pres- the committee amendment. ent consideration of the bill? The amemlment was agreed to. There was no objection. The SPEAKER pro tempore. The question is on the en- The Clerk read the bill, as follows: gro sment and third reading of the bilL Be it enacted.) etc., That the Secretary of the Interior be, and he is The bill as amended was ordered to be engro Ned and read hereby, authorized and Jirected to i~ ue a patent for lot 4, of section a third time, was read the third time, and pa sed. 21, township 19 north, range 2 we t, :lllchigan meridian, in the State On motion of Mr. HILL of Maryland, a motion to reconsider .of Michigan, to the First tate Savings Bank of Gladwin, a corpora­ the vote by which the bill was passed was laid on the table. tion of Gladwin, llil'h., who;:;~ color of title thereto traces through mesne HA.RRY D. RAYBURN conveyances to a patent is ued by the State of ~Iichigan under date The next business on the Private Calendar was the bill of September 13, 1864, and now found to ha>e been erroneously issue(]. (H. R. 6554) providing that the records of the War Depart­ With the following committee amendment: ment shall be amended to show the services of Daniel Harris In line 10, page 1, after the word " issued " strike out the period, under his true name; Harry D. Rayburn. insert a colon and the lanf;uage: uprot:idetl, That said bank files in The Clerk read the title of the bill. the Marquette Land Offici.', within 60 days from the date of th6 The SPEAKER pro tempore. Is there objection to the pres- passage of this act, an application to purchase said lots, and tenders ent consideration of the bill? payment therefor at the rate of $1.25 per acre." There was no objection. The Clerk read the bill, as follows: The SPEAKER pro tempore. The que tion is on agreeing to the committee amendment. Be it enacted, etc.J That the Secretary of War is hereby authorized The committee amendment was agreed to. and directed to cause an amendment of the record in The Adjutant The bill as amended W"as ordered to be engrossed and re.:'ld General's Offic~ so as to place the name of Harry D. Rayburn on the a third time, was read the third time, and passed. rolls of the military record of the United States and to issue him an honorable di charge in the name of Ilarry D. Rayburn, the said The title was amended so as to read: "A bill granting re­ Ilarry D. Rayburn having ·erved under the name " Daniel Harris " as lief to the First State .'a\ings Bank of Gladwin, Mich." a private in Company C, Sixteenth Infantry, from about May 22, ADALIXE WIIITE 1917, until August 14, 1919, and during said time was with the The next bnsine~ on the Pri,ate Calendar was the bill American Expeditionary Fore s overseas from about June 14, 1917, (H. R. 1671) for the relief of Adaline ·white. until July 3, 1919, all as shown by his honorable discharge under the The Clerk read the title of the bill. name "Daniel Harris," issued August 14, 19.19, at Camp Dodge, Iowa. The SPEAKER pro tempore. Is there objection to the pres­ The SPEAKER pro tempore. The question is on the engross­ ent consideration of the bill? ment and third reading of the bill. There was no objection. The bill was ordered to be engrossed and read a third time, The Clerk read the bill, as follows : was read the third time, and pas ed. Be it enacted, etc.J That A.daline White shall be rt>garded as the duly On motion of Mr. HILL of Maryland, a motion to reconsider designated beneficiary of the late James Ro ._ s Bryant, Headquarters the vote by which the bill was passed wa · laid on the table. Company, One hundred and thirty- eventh Regiment Infantry, under COL. DOUGLAS C. M'DOUGAL ET AL. the war risk insurance act of Sl'ptember 2, 1014. as amended. The next business on the Private Calendar was the House SEc. 2. That said A.daline White, as aforesaid, be paid out of the Joint Resolution 249, to authorize certain officers of the Treasury of the L'nited • tates a um of money, or an amount equal United States 1\farine Corps to accept from the Republic of to the monthly installment of '57.30 each. as provided in the 'War- Haiti "The Medal for Distinguished Service." risk insurance certificate of the said James Ross Bryant, deceased, Xo. The Clerk read the title of the joint resolution. 93365:5, from the 1st day of April, 1918, to t}le date of the pa. sage of The SPEAKER pro tempore. Is there objection to the this act, and $37.50 each month thereafter until the full amount bas present consideration of the joint re ·olution? been paid. There was no objection. SEc. 3. That the payment of the amount of money hereby allowed The Clerk read the joint re olution, as follows: and authorized to be paid to said Adaline White is to be made from Resolved, etc., That Lieut. Col. Douglas c. McDougal, Maj. James J. 1 the approp_riati?n fo.r beneficiaries of deceased soldiers who die while Meade, Maj. Alexander J. Vandergrift, and Capt. William H. Rupertus, on the acti>e list of the Army. all of the United States Marine Corps, be, and they are hereby, au- With the following committee amendment~: tborized to accept from the Republic of Haiti " The Medal -for Dis- Page 1, line G, strike out the words and figures " September 2, tinguished Service" which bas been tendered to each of said officers, 1914,'• and insert "October 6, 1917." through the Department of State, in appreciation of services rendered In line 8, page 1. strike out the word "said" and insert "the the said Republic of Haiti. Director of the 'Cnited States Veterans' Bureau shall pay to." The SPEAKER pro tempore. The question is on the engross- In line 10, strike out "be paid out of the Treasury of the United ment and third reading of the joint resolution. States a sum of money, or" and insert " from anilable appropri- The joint resolution was ordered to be engro sed and read ations." a third time, was read the third time, aud pa ed. Page 2, strike out all of section 3.

L:X:VI-71 1108 CON GRESS! ON AL RECORD-HOUSE JANUARY 2

The SPE~H~ER pro tempore. The question is on agreeing to Now, what does the War Department say about it! Here the committee amendments. is what the War Department says: Tbe committee amendments were a.eo-reed to. This matter was not formally ~led as a claim but, however, wns The bill as amended was ordered to be engrossed and read considered by ofii.cials of the War Department; and it was thought no a third time, was read the third time, and passed. privity of contract, express or implied, was created between the On motion of M:r. GUYER, a motion to reconsider the vote by Governlll'ent and Mr. Jenkins, that Mr. Jenkins's loss was caused by which the bill was passed was laid on the table. the retention of the cotton linters beyond a time when he could have JA.MES F. JENKINS disposed of them profitably to himself, and that such retention on his The next business on the Private Calendar was the bill (H. part was not in obedience to instructions issued by a per on authorized R. 4750) for the relief of James F. Jenkins. by the President or Secretary of War, but it was apparently a busi­ The Clerk 1·ead the title of the bill. ness risk the claimant undertook following the course he did. The SPEAKER pro tempore. Is there objection? Now, they say it was 1\fr. Jenkins who did that, because he . l\Ir. UNDERHILL. Mr. Speaker, I object. was not restrained by the War Department, in the face of this l\lr. STEVENSON. I would like the gentleman to reserve his very letter I have read to you from the War Department and obje('tion for a moment signed by the Acting Secretary of War refusing to allow him 1\Ir. UNDI1JRHILL. I wilt say to the gentleman I am per­ to sen at alL fectly willing to re erve it, but if I should not object there are Mr. 'BLANTON. Will the gentleman yield for one other se,eral others who will. question? 1\Ir. STEVENSON. I would like at least to have an oppor­ Mr. STEVENSON. Certainly. tunity to explain to the House and see if the prognostication Mr. BLANTON. I wa wondering what position the gentle­ of the gentleman is correct as to others. man took dm'ing the war and since when these linters were l\1r. UNDERfiLL. I reserve the right to object being attempted to be made use of in place of good cotton! 1\lr. STEVENSON. Mr. . S.Peaker, this is a case in which the Mr. STEVENSON. I do not see that that has anything to War Industries Board have entirely financially ruined a solvent do with it. I did not take any: position about that. I say citizen of Houth Carolina, po 'Sibly without intention. I will that the Government should either have allowed this man to not state anything that is not in the record. The claimant sell his linters when be had the opportunity or else taken them. here purchased, in the spring of 1918, 600 bales of cotton What did they do'? They waited until the 15th day of No-vem­ linters, for which he paid twenty-odd thousand dollars. ber, four days after the armistice& when there was no further The War Industries Board then issued an order that nobody demand for them, and when the price went down to nothing, could ell linters except to the Dupont Co. He complied and then they said : with the order and o.sked them to have the Dupont Co. 1. The records of this office show that a formal Army requisition take bi~ linters, as he had borrowed a large part of the money with which to purclul e it. The Dupont Co. sent its agent without uute, numbered War-Ord. P16141-1497E (18) was prepared for to inspect them, and there is some difference as to whether issue to Ml'. J. F. Jenkins, Gaffney, S. C., covering 600 bales or cotton they did or did not agree ; but they fixed the price at $21,000 linters. for the 600 hales of linters. Subsequently he asl{ed them to 2. Ow· records also show that a request for cancellation or this order take them at that. If you will look at the top of page 13 was prepared in the Procurement Division, dated November 15, 1918, you will see where they issued a. voucher for $21,000 from the which request bears notation that the order or requisition was never War Board-from the War Department-fixing the price at served on Mr. Jenkins, and that same was at that time (November 15, $21,000. They did not take that up. That was in July, and 1918) held in the adminU!tration division by a Lieutenant Davison. he was being pressed by his bank for the money and asking Then they went ahead and revoked the order to commandeer for a completion of the tran action. In August another eon­ this very stuff, after the armistice was signed, when the linters cern, the Southern Aseptic Laboratories, manufacturing prod­ were not worth anything. ucts for the Government, approached him and he had an op­ Mr. BOX. Mr. Speaker, will the gentleman yield? portunity to sell them to them; and I will say, incidentally, at Mr. STEVENSON. Ye. a price in advance of that fixed. He wrote the War Industries l\1r. BOX. Is it not true that this claim could have been pre­ Board, and you will find the letter on page 11, in which be sented to the proper board of adjustment under th-e Dent Act'! asked permis ion to sell them to the Aseptic Laboratories and Mr. STlJ)VENSON. It is true it should have been presented, get through with them. Now, you will see on page 2 of this and I do not know why it was not. But Mr. Jenkins, after report where they refused to allow him to sell them to the having a voucher in his posse sion, as stated on page 2, evi­ Af' C'ptic Labm.·atories, although they were manufacturing prod­ dently thought he had them sold. The Government issued to uct.· for tile Government. him a voucher, which you will find on page 2 of the report l\Ir. BLANTON. Will the gf'ntlcman yield? They issued to him a voucher and allowed him to suppose that l\Ir. STEVENSON. Yes; I will yield. he would get hl$ money, and they wrote to him where to go :ur. BLANTON. I wish to call the attention of the gentle­ and get his money. ·After the armistice they deliberately man to the 'Var Department's report on this matter on page 18, turned this property back to him when he had no market for it, where they l"ay there was no commandeering of the e linters, after having refused him permission to sell the linters to any­ but lJecause thf'Y were graded at a lower grade be would not body else. accept that, and that cau eel him m>t to sell. .1\Ir. UNDERHILL. How much time had he under the Dent l\lr. STEVENSON. I will show from further action that Act in which to pre ent his claim? part of the report is not correct. Mr. Jenkins asked the War Mr. STEVENSON. He thought he was not called upon to Department to allow him to sell to the Aseptic Laboratories. go and present a claim, but when be found out what the What did they say? You say there was no commandeering. situation was he presented the claim that is here now. lYhat is commandeering? To take charge of a man's property Even the gentlemen who signed the minority r~port say and refuse to allow him to sell it ! Let me read this letter : there is merit in this claim, and they think it ought to hn. ve WAR INDUSTRIES BOARD, gone to the Court of Claims. Then why is the propo al op­ Washittgton, August 1~, 1918. po ed that we should send it to the Court of Claims? Why Mr. J. F. JE~KI~S, Gaffney, S. C. do they suggest that it ought not to be considered at all? DE,\R S!R: We acknowlE-dge yours of the 8th instant relative to This man in good faith held his linters becau e he was your stock of IlJ'llttress linters at Kershaw and Marion, S. C. not allowed to sell them. After the armistice they released We regret that we can not grant you permission to sell this stock them, and they were ;old for storage, and he had to pay a to the Southern Aseptic Laboratories, as all linters must be purchased thousand dollars in addition in conformity with the judgment by the Du Pont American Industries Co. for the account of the Gov­ of the court, and the banks have foreclosed on him, and every ernment. foot of land he had in the world is being sold now for tho If you will kindly notify Mr. A. K. Burrow, care of Du Pont Ameri­ money be borrowed to buy these linters, and his property has can Industries Co., Goodwyn Building, room 1082, MempWs, Tenn., been confiscated by the action of the Government in not allow­ that your linters are ready to be inspected and taken up, he will in(}' him to sell these linters himself. promptly comply with your request and take your material up for Mr. KNUTSON. The gentleman from Texas [l\lr. Box] in the account of the Government. a way agrees with the gentleman from South Carolina. I Very truly yours, think he knows it. SHERBURNE PRESCOTT, 1\Ir. STEVENSON. Here is a man who complied strictly Assistant Clliet, Cotto·n and. Cotton Linter Section, with the orders of the Government. His property is now be­ War Ind.uskies Board. . ing coniisc:ated and everything sold out from under him: and

.... 1925 OONGRESSION AL RECORD-HOUSE fll09 if he does not get relief here to-day he is gone financially and SAMUEL T. HUBBARD, JR. gone for life, as it now looks. The next busine. s on the Private Calendar was the bill l\Ir. UNDERHILL. Still reserving the right to object, Mr. (H. R. 5813) for the relief of Samuel T. Hubbard, jr. Speaker, I thank the gentleman for the fact that he has given The SPEAKER pro tempore. Is there objection to the us some credit at least. I would call the attention of the present consideration of the bill? Hou e to the last paragraph in the minority report. I will l\fr. McKEOWN. l\fr. Speaker, I reserve the right to object. read it for the information of the House: I do not expect to object to the bill, but under my reservation This claim and the manner of its consideration and report to the I want to say something about this. Court of Claims matter. House are aptly illustrative of the cumbersome and unsatisfactory I contended when the Navy bill was before us that a court system now prevailing in the handling of such claims against the ought to be organized and given jurisdiction to determine these Government through the House Committee on Claims and Congress. claims against the Government, and this claim of 1\Ir. Jenkins We have neither time nor facilities for ascertaining the facts suffi­ emphasizes that need more than ever. The Congress bas not ciently to do even rough justice. the time to sift out these claiJns. They can not do justice either by the Government or the claimants. There ought to In connection with that, I want to say that in all probabil­ be a Court of Olaims created that will have hearings not in ity early at the next ses ·ion, there will be an opportunity given the city of '\Vashington alone, but there ought to be a Court of th~ House to decide whether they want to continue this cum­ Claims that will hold hearings in the nine circuits of the bersome, inequitable, and unjust method of settling claims, or United States. There ought to be a place where the e claim­ whether they want to establish something in the way of a ants can go on all claims over $10,000. Such claims ought court where citizens of our country can receive equity and to be sent to such a court. justice. Now, gentlemen say that is not along the line of economy. There is, as the gentleman from South Carolina says, some I say it is along the line of economy, because you would save merit in this. But there is so much controversy and there are more to the taxpayer:-;, and at the same time you would do so many legal points involved and so much contradiction that justice by the claimants and you would do justice by the the committee can not find the facts, and it would not be just Government. to the ta.'q)ayers and to the Government if we should bring I have contended, since I entered this House, that there ought in a favorable report, even if we have the most kindly feelings to be a Court of Claims. I have no bills on this calendar and toward Mr. Jenkins. I represent no con tituents who have any claims again t the The SPEAKER pro tempore. Does the Chair understand United States, but I insist" that something constructive be done. that the gentleman from Massachusetts insists on his objec­ What chance has a man with a claim here? If some one does tion? not undet:stand it and makes an objection the merits of the claim Mr. Ul\TDERHITJL. I withhold it. are never heard in the House. You have no chance at all. If, Mr. KNUTSON. The gentleman from South Carolina [Mr. for instance, you should unfortunately offend some Member STEVENSON] say that foreclosure proceedings are under way, and he should not want your bill to pass he can stop it by and that the man will be sold out of his house and home. making an objection to it and you can not help your elf. Mr. UNDERHILL. Yes. But there will be a thousand simi­ There ought to be a tribunal to determine from all over lar claims coming in here if this one is adjusted. the country. The jurisdiction of such court could be placed Mr. BULWINKLE. 1\Ir. Speaker, I know 1\Ir. J. F. Jenkins, over claims amounting to more than $10,000, and even if and I know his financial condition. Every foot of property you should grant that jurisdiction you would still have enough that he owns is now advertised to be sold under foreclosure to do in taking care of the claims which arise under $10,000, on account of this transaction, and it is not fair or ju t that and if there should be a claim of over $10,000 it should go to you should object to its consideration. In your own minority such comt. I in ist that hould be the rule so far as the report you have said that there is a doubt about the bill and Navy is concerned, so far as the Army is concerned, so far that the claimant appears to have lost -heavily. This lo s, in as the Shipping Board is concerned, and so far as all of the part, appears to have come about from the manner in which activities of the Government are concerned. We ought not to the War Department handled this matter. You say you have leave the door open, so th~t any kind of a ·claim. could go in, gone into this matter carefully. _The gentleman from Okla­ but we . houlll fix the jurisdiction of that court so that every homa [Mr. THOMAS], from the Committee on Claims, had hear­ claimant would have a fair chance to be heard. ings on it, and in the Sixty-sixth Congress a subcommittee bad The Government can be represented by its counsel and the hearings. claimant by his coirnsel and such a court could go to the bottom Mr. UNDERHILL. And it was rejected unanimously. of the claim. Even with that procedure Congress would still 1\lr. BULWIKKLE. No; not unanimously. have the pur e string of the Treasury in its bands. Some one I want to say to the gentleman that I am as cautious as has said to me that when the Court of Claims renders a judg­ he is in these matters. But here is a man who has been ment Congress immediately pays out the money, but to my wronged, and the minority themselves admit that he ha been knowledge there have been a good many judgments rendered wronged, and therefore it devolves upon Congress to see that by the Court of Claim" on which the claimants have neYer yet justice is done. been able to get the money from Congre s. Con6res ~ still :Mr. UNDERHILL. I agree with the gentleman in part, controls the purse strings. And I think in justice to the )!em­ but we can not settle these claims either on the ground of bers of this Hou~e of the Congre s, in justice to the claimants sympathy-because if we did we would lose the confidence of of the country, and in justice to the United States Government om· colleagues-nor can we settle them on the ground of local there ought to be some such tribunal established, such as I color. have sugge ted. I do not jn t now have in mind the details :Mr. BULWINKLE. Will the gentleman yield? o.f the machinery, but there ought to be some tribunal, and I 1\Ir. UNDERHILL. Yes. think Congress is capable of creating a proper one. 1\Ir. BULWI~'KLE. I am not asking that you settle this And I think this : That provision should be made for the pay­ claim on the ground of sympathy, but I am asking that it be ment of filing fees and co ts by claimants so that if the settled on the ground of justice. claim lacks merit the Government does not lose the co t . They Mr. UNDERHILL. "'ell, if the gentleman will bring in a ought to put up the costs in advance as the case progresses. bill and will agree to take it up and refer it to the Committee The United State Government, through its various departments, on Claims, I will be with him. I realize how anxious the gen­ is furnishing en·ice to the people of this country for which tleman is that justice should be done, but he is no more the Government receives no compensation, and yet such service anxious than I am. is of gTeat mine to the private interests of the recipients. Mr. BULWINKLE. But the minute you start to do that There are people in the country who receive the services of you ru·e going to build a wall so high that you will never get the United States Government without a cent of cost to them, over it. Now, in certain classes of cases-personal injm·y and ~-et it costs the taxpayers of this country millions of dollar' ca es for instance-juri diction could be conferred on the dis­ to fm·nisb that ~ ervice. If the Congress o.f the United States trict 'courts. But in all these bills before us now the duty would simply require a mall fee for any copy of documents devolves upon the 1\Iembers of this present Congress to meet in the various departments it would amount to a great deal of them, whether we like to or not. And we should do our duty revenue in the long run, and that would result in raising enough now. revenue to pay a large number of the salaries of the men in Mr. UNDERHILL. Well, Mr. Speaker, due to the fact that Government employ, and the man who gets the service would: there are other matters which need to be beard, I shall have to contribute something toward the upkeep of the Government. object. It is not fair to send employees of this Government all oYer 110 CONGRESSIONAL RECORD-HOUSE JANUARY 2

the l:Tnited States at the expense of the National Treasury to the Gila. and Salt River principal meridian in Arizona, said tract ot collect data and information and then turn it over to some land to be occupied and used solely for educational and investigational man in some busineEs just as a mere matter of accommodation purposes: Providefl, That there shall be reserved to the United States to him. or its assigns all oil, coal, or other mineral deposits found in the land, He ought to be required to pay something for it, and the and the right to prospect for, mine, and remove the same: PrtwidecJ Government could realize an enormous amount of money and (u11her~ That this grant of land shall be subject to all prior valid earn a large amount of money for the people of the country existing rights under the land laws of the United States. and that It by requiring them to pay a small fee. You can take the Treas­ the grantee shall fail to use the land for educational or investigational ury Department or any one of the departments and you couldi purposes or shall devote the same to other uses thl\ title thereto shall sa•e millions of dollars to the people of this country in that revert to the Unied States without further action on tbe part of the way. United States upon a finding of such fa11ure by the Secretary of the Interior: Ana provided fut·ther, That the above-described tract of land to give I Gentlemen, I just wanted you my idea about it. be purchased by the Board of Regents of the University of Arizona at am not going to object to the gentleman's bill because I the rate of $1.25 per acre therefor. have no objection to it. The SPEA.KER pro tempore. Is there objection to the The SPEAKER pro tempore. The question is on the third present consideration of the bill? reading of the bill. There was no objection. The bill was ordered to be read a third time, was read the The Clerk read the bill, as follows : third time, and passed. Be it enacted, etc., That in the administration of any laws confer· JOHN II. COWLEY ring rights, privileges, and benefits upon honorably discharged sol­ The next business on the Private Calendar was the bill diers, Samuel T. Hubbard, jr., Signal Corps, Officers' Reserve Corps, (H. R. 4896) for the relief of John H. Cowley. shall hereafter be held and considered to have been commissioned as a. The Clerk read the title of the bill. capta.in in the American Expeditionary Forces on May 27, 1917. The SPEAKER pro tempore. Is there objection to the pres- With the following committee amendment: ent consideration of the bill2 There was no objection. Page 1, tine 8, after the :figures "1917," insert a colon and the The Clerk read the bill, a.s follows: following hnguage: "Provided, That no pay, pension, or allowance it shall be held to have accrued prior to the passage of this act." Be enacted, etc., Tbat in the adminisb·ation of any laws, benefits, or privileges conferred upon honorably dis

... 1925 CONGRESSIONAL RECORD-HOUSE lll]J

Mr. BLANTON. Mr. Speaker, I re!)erve the right to object. 1t!r. HUDSON. No. It does not The recommendation of The Adjutant General of the War De- Mr. BLANTON. The gentleman is mistaken. This state- partment in its concluding paragraph says: ment from the War Department says, "In view of the clear It does not appear that an application has ever been received in this and po~tive record of desertion," and further says, "His :final department for relief in this case under the provisions o! the act ot record 1S that of a deserter." Let me say this to the gentle­ Congress approved March 2, 188{), which authorizes the department man. I imagine that if the gentleman from Michigan had under certain conditions to remove charges o! desertion. In view o! served in the war-- tho clear and positive record of desertion in the case, and of the char- Mr. HUDSON. I did, through a father. acter of the testimony heretofore submitted, the case appears to be one l\Ir. BLANTON. If the gentleman had served in the ·war in which no relief can be extended by this department under th~ pro- of 1861-1865-and he would have served if he had been ot visions of said act. ., proper age at that time--and there was a charge of desertion Respectfully submitted. against him and he did not have an honorable discharge, in the first place, he would not wait from 1865 to 1877 before he Mr. WURZBACH. If the gentleman will permit, it appears applied for that honorable discharge if he was entitled to it, from the report in this case that so far as the first objection is and then he would not wait 18 years longer after he had been concerned-that is, that no application had ever been made- turned down before he made another application. The gen­ that this man Walker did not know that he had been marked as tleman would have been clamoring down here for that bon­ a deserter until he applied for a pension several years subse- orable discharge; but now, after all these years have passed quent to 1889. As a matter of fact, the testimony shows that since 1865, and the people who had the facts before them are this man served all during the war. dead and gone, then, through a Co!4,<7fessman, this claimant Mr. BLANTON. Here is what The Adjutant General says: comes in to get his name cleared of dishonoT, and I think the Under date of November 16, 1877, John E. Walker, of Mason County, statement I made a while ago is the main purpose of this bill. lllic.h., applied to this department for a honorable discharge. Nothing It is to place him on a pensionable status. is fotmd to show -that action was taken by the department on this 1\Ir. STEPHE~S. With reference to the gentleman's state- application, but it is evident that favorable action was not taken. ment that he ought to have applied and made continuous ap- Again applying for a cerificate of honorable discharge on December 4, plication for his honorable discharge-and any man probably 1805, the application was denied by this department December 12, would have done that-! can give an instance of a captain of 1895, on the ground that the soldier was not discharged, but that his the Civil War, who fought throughout the war. At the end he final record is that of a deserter. went home, and. he never got a discharge. His record shows Is the gentleman in favor of rewarding deserters now by giv- desertion, and yet he went all through life and never paid any ing them honorable discharges? attention to it. He was a good soldier. He never corrected 1\fr. WURZBAGH. I have no sympathy, of course, with any that record, and his children now would like to have his record man who was an actual deserter. corrected. I know the man and his family. He would not llr. DLANTON. Let me say this to my colleague: If this take the trouble to correct his record. were just a matter of excusing a man for something wrong Mr. BLANTON. I did this for the purpose of letting the that he had done, of clearing his name of the charge of deser- facts be shown in the REcoRD; but because Congress has tion occurring in 1865, I would not for a moment object, but passed so many of these bills removing the charge of desertion, here is an attempt upon the part of a deserter to get a pension. I do not think it would be just to deny this man relief, and I There is the main idea in passing this bill. It is to get on the do not intend to object. pension rolls of the Government. This is not just an attempt to Mr. HUDSON. I want to acknowledge the gentleman's gen- clear his name. erosity. Mr. HUDSON. Mr. Speaker~ will the gentleman yield? The SPEAKER pro tempot·e. I there objection? [After a Mr. BLANTON. Yes. pause.] The Chair hears none. Mr. HUDSON. There is nothing in the facts- to support the The Clerk read as follows: gentleman's statement. There is no intention on the part of Be it enacted, etc., That in the administration of any laws confer- this gentleman to apply for a pension. . ring rights, privileges, and benefits upon honorably discharged soldiers Mr. B1..A.L~TON. Has the gentleman read the report! John E. Walker, late of Company .A, Eighth Regiment Michigan Mr. HUDSON. I ha~e. Volunteer Cavalry, shall hereafter be held and considered to have been 1\Ir. BLANTON. The report apparently indicates to the con- hono"l'ably discharged from the military service of the Untted States trary. as a member of snid company and regiment on the 1st day of June, Mr. HUDSON. No; it does not. 1865: Provided, That no bounty, pay, or allowance shall accrue by Mr. WURZBAGH. The affidavit of John E. Walker shows virtue of the passage of this act. as follows : The bill was ordered to be engrossed and read a third time, Was taken prisoner December 25, 1863, at New Market, Tenn.; was read the third time, and passed. e caped from the enemy in company with Sergeant Burton. They ISAAC J. REESE went to Kentucky and reported to General Frye, commanding the post at Camp Nelson, Ky. I was by him detached for service at that The next business on the Private Calendar was the bill (H. R. post and remained there doing duty until my regiment came home in 2958) for the relief of Isaac J. Reese. June, 1865. I then went home to Marshall, Mich., and met my The Clerk read the title of the bill. caiJtain and other officers. The SPEAKER pro tempore. Is there objection? [After a pause.] The Chair hears none. So at no time was he out of the service from the time of The Clerk read as follows : his original enlistment until June, 1865. Be it enacted, etc., That In the administration o! the pension laws Mr. HUDSON. Mr. Speaker, will the gentleman yield? Isaac J. Reese shall hereafter be held and considered to have been in 1\Ir. BLANTON. Yes. the military service of the United States as a private of Company K, Mr. HUDSON. I call the attention of the gentleman to the One hundred and ninety-fourth Regiment Pennsylvania Volunteer In­ fact that the record does show that in this time in which he fantry, from the 24th day of July, 1864, to the 6th day of November, sen-ed the department granted him transportation from the 1864, and to have been honorably discharged from the said service on point of service home and return. the date hereinbefore last named. Mr. BLANTON. Does not the gentleman know that the very minute this bill becomes a law, ipso facto, it gives this The committee amendment was read, as follows : man a pensionable status? Page 1, line 10, after the word "named," insert a colon and uPro­ 1\Ir. HUDSON. Yes; I know that 'Vidcd, That no back pay, pension, or allowance shall be held to have Mr. BLANTON. And it causes the payment of a pension accrued prior to the passage of this act." to him? Mr. HUDSON. Not necessarily.• The amendment was agreed to. Mr. BLANTON. Why, his record will be clear and it gives The bill as amended was ordered to be engrossed and read him an honorable discharge. Under the pension laws that a third time, wa read the third time, and pas.,ed. Cong1·ess has passed it gives him a pensionable status. FOR THE RELIEF OF F. J. BELCHER, JR., TRUSTEE FOR ED FLETCHER Mr. HUDSON. Does the gentleman not think that the de­ The next business on the Prhate Calendar was ( S. 1014) for pendents of this man are entitled to have hi record cleared the relief of F. J. Belcher, jr., trustee for Ed Fletcher. as a deserter, when the whole proof shows that he served The Clerk read the title of the hill. during the entire period of the war? The SPEAKER pro tempore. Is there objection to the con­ Mr. BLAXTOX I woutd be willing to

The Clerk read as follows : The Clerk· read as follows: Be it enacted, etc., That tile Secretary~ ot the Treasury be, and he is Be it e11actea, etc., That the Secretary of the Treasury be, and he hereby, directed to pay to F. J. Belcher, jr., trustee for the benefit of is hereby, authorized and directed to pay to the administrator of the Ed Fletcher, out of any money in the Treasury not otherwise appro­ estate of Filer McCloud the sum of $2,000, in full compensation for priated, the sum of $21,838, in full payment of damage to lands owned property on Parris Island, S. C., belonging to such estate, which by said Ed Fletcher inflicted thereon by the Government while occupy­ was destroyed by the United States Marine Corps for military reasons. ing said lands as an Army training camp. The bill was ordered to be engrossed and read a third time, The bill was ordered to be read a third time, was read the was read the third time, and passed. · third time, and passed. A similar House bill was ordered to be laid on the table. J. B. GLANVILLE AND OTHERS The next business on the Private Calendar was the bill THO:h!AS H. BURGESS ( S.. 1253) to reimburse J. B. Glanville and others for los es The next busine s on the Private Calendar was the bill and damages sustained by them through the negligent dipping ~ (H. R. 2756) for the relief of Thomas H. Burgess. of tick-infested cattle by the Bureau of·Animal Industry, De· The Clerk read the title of the bill. partment of Agriculture. The SPEAKER pro tempore. Is there objection to the The Clerk read the title of the bill. present consideration of this bill? [After a pau~e.] The Chair The SPEAKER pro tempore. Is there objection to the pres· hear none. ent consideration of this bill? The Clerk read as follows: ·l\Ir. McKEOWN. 1\lr. Speaker, reserving the right to ob· ject-- Be it enacted, etc., That in the administration of the pension laws Thomas H. Burgess shall hereafter be held and con idered to have been Mr. UNDERHILL. Mr. Speaker, I object. honol'ably discharged from the military service of the United States as JOY BRIGHT LITTLE n. private in Company E, Fifth Regiment Ohio Volunteer Infantry, The next business on the Private Calendar was the bill {H. R. The committee amendment was read as follows : 7018) for the relief of Joy Bright Little. The title of the bill was read. rage 1, line 7, after the word "Infantry" insert a colon and "Pro­ The SPEAKER pro tempore. Is there objection to the pres· vided, That no back pay, pension, or allowance shall be held to have ent considera lion of the bill? accrued prior to the passage of this act." There was no objection. The committee amendment was agreed to. The SPEAKER pro tempore. The Clerk will report the bi.ll. l\Ir. BLANTON. 1\Ir. Speaker, I think the author of this bill The Clerk read as follows : ought to make some explanation, but, however, I will not insist Be it enacted, etc., That the Secretary of the Treasury be, and he Is on it. hereby, authorized and directed to pay, out of any money in the Treas· The bill as amended was ordered to be engrossed and read a ury not otherwise appropriated, a sum equal to six months' gratuity third time, was read the third time, and passed. pay granted to the regular officers of the United States Navy to Joy JOHN A. DOUGLAS Bright Little, widow of the late Lieut. Charles Gray Little, UniNd The next business on the Pri"rate Calendar was the bill States Na~rai Reserve, who was a member of the crew of the ZR-8 airship, which was destroyed by an explosion on board the ship August {H. R. 10.2.1) for the relief of John A. Douglas. 24, 1921. The Clerk read the title of the bill. The SPEAKER pro tempore. Is there objection to the pres­ The SPEAKER pro tempore. The question is on the engross­ ent consideration of this bill? [After a pause.] The Chair ment and third reading of the bill. hears none. The bill was ordered to be engrossed and read a third time, The Clerk read as follows = was read the third time, and passed. The SPEAKER pro tempore. The Clerk will report the next Be it enacted, eta., That in the administration of any laws confer­ bill. ring rights, privileges, and benefits upon honorably discharged sol­ diers, John A. Douglas, who was a member of Company G, Twenty­ CHRISTINA CONNIFF second Regiment Michigan Volunteer Infantry, shall hereafter be held ·The next business on the Private Calendar was the bill {H. R. and considered to have been discharged honorably from the military 9080) for the relief of Christina Conniff. service of the United States as a member of that organization on the The title of the bill was read. lStll daJ' of February, 1865. · Tile SPEAKER pro tempore. Is there objection to the pr~s- ent consideration of this bill? The committee amendment was read, as follows : There was no objection. Page 1, line 10, after 1865 insert a colon and "P1·ovidecl, That no The SPEAKER pro tempore. The Clerk will report the bill. back pay, pension, or allowance shall be held to have accrued prior to The Clerk read as follows : the passage of this act." Be it enacted, etc., That the Director of the United States Veterans' The committee amendment was agreed to. Bureau be, and he is hereby, authorized and directed to re ume and The bill as amended was ordered to be engrossed and read complete the remainder of the payments due Christina Conniff, widow a third time, was read the third time, and pa sed. and beneficiary of Robert E. Conniff, deceased, according to the terms K-181801. .A.."\DREW A. GIERIET of his GoYermnent life insurance policy, No. Tile next business on the Private Calendar was the bill l\Ir. UNDERHILL. Mr. Speaker, I move that the Senate (H. R. 1569) for the relief of Andrew A. Gieriet. bill No. 3235, now on the Speaker's table, be substituted for the The Clerk read the title of the bill. · House bill. The bills are exactly the same in phraseology. 'l'he SPE.AKER pro tempore. Is there objection to the pres­ 1\lr. BL.A"'"~TON. l\Ir. Speaker, will the gentleman yield? E'nt consideration of the bill? [After a pause.] The Chair Mr. ~DERHILL. Yes. hear none. l\lr. BLA....~TON. Does the gentleman know how many bills The Clerk read as follows : were pas ~ ecl at that time? Mr. Ul\"'DERHILL. One hundred and thirty-five. Be it enacted, etc., That the Secretary of the Treasury be, and is Mr. BLA..~TON. This is one of the 136 that were passed. herebr, authorized and directed to pay, out of any money in the Treas­ The SPEAKER pro tempore. The gentleman from Mas a· ury not otherwise appropriated, to Andrew A. Gieriet, former captain chusetts moves that the Senate bill No. 3235 be substituted for Company D, Four hundred and eighth Telegraph Battalion, United the Honse bill. The question is on agreeing to that motion. State Army, the sum of $484.75, being the amount of money paid by The motion was agreed to. said Andrew A. Gierlet from private funds because of loss of public The SPEAKER pro tempore. The Clerk will report the funus through theft. Senate bill. The bill was ordered to be engrossed and read a third time, The Clerk read as follows: was read the tllird time, and passed. A. bill (S. 3235) for the relief of Christina Conniff FILER M'CLOUD Be it enacted, etc., That the Director of the United States Veterans' The next bus~ne8s on the Private Calendar was the bill Bureau be, and he is hereby, autborized and directed to resume and :(H. R. 4610) for the relief of the estate of Filer McCloud. complete the remainder of the payment due to Christina Conniff, widow The Clerk read the title of tile bill. and beneficiary of Robert E. Conniff, deceased, according to the terms The SPEAKER pro tempore. Is there objection to the pres­ of his Government life insurance policy No. K-181801. ent consideration of this bill? [After a pause.] The Chair The SPEAKER pro tempore. The question is on the third hears none. reading of the Senate bill. 19~5 CONGRESSIONAL RECORD-HOUSE 1113

The bill wa. ordered to be read a third time, was read the The SPEAKER pro tempore. The Clerk Will report the bill. third time, and passed. The Clerk read as follows : The SPEAKER pro tempore. Without objection, the simi­ Be tt enaoted, etc., That the claim of Picton Steamship Co. (Ltd.), lar House bill will be laid on the table. owner of the Bxitish steamship Picton, for damages alleged to have There was no objection. been suffered by said steamship in a comsion which occurred near the The SPEAKER pro tempore. The Clerk will report the quarantine station in Hampton Roads, Va., on the evening of November next bill. 12, 1923, between said steamship Picton and the United States steam­ WILLIAM HENRY BOYCE, SR. ship Vjreo and her tow, owned by the United States., may be submitted The next business on the Private Calendar was the bill ( S. to the United States District Court for the Eastern District of Vir­ 2510) for the relief of William Henry Boyce, sr. .ginia, the district in which said collision occurred, under and in com­ The title of the bill was read. pliance with the rules of said court sitting as a court of admiralty ; The SPEAKER pro tempore. Is there objection? and that the Q~id court shall have jurisdiction to hear and determine There wa no objection. the whole controversy and to enter judgment or decree for the amount The SPEAKER pro tempore. The Clerk will report the bill. of the lega.I damages sustained by reason of said collision, if any The Clerk read as follows: shall be found to be due, either for or against the United States, upon the same prinicple and measure of liability, with costs, as in like cases Be it enacted, eto., That the Secretary of the Treasury be, and he in admiralty between private parties, with the same rights of appeal: is hereby, authorized and directed to redeem, in favor of William Provided, That such notice of the suit shall be given to the Attorney Henry· Boyce, sr., of Ansonville, N. C., 4lf.l per cent United States General of the United States as may be provided by order of the said Treasury certificates of indebtedness Nos. 7378 and 7379, in the court, and it shall be the duty of the Attorney General to cause the denomination of $1,000 each, and 3371, in the denomination or $500, United States attorney in such district to appear and defend for the series TM-1924, issued March 15, 1923, matured March 15, 1924, United States : Provided further, That said suit shall be brought and with interest at the rate o! 41h per cent per annum from March 15, commenced within four months of the date of the passage of this act. 1023, to March 15, 1924, without presentation of said certificates of lndebt€dness or the coupons representing interest thereon from The SPEAKER pro tempore. The question is on the engross­ March 15, 1923, to March 15, 1924, which are alleged to have been. ment and third reading of the bill. lQst, stolen, or destroyed : Prov 'ded, That the said certificates shall The bill was ordered to be engrossed and read a third time, not have been previously presented for payment, e..nd that no payment was read tl1e third time and passed. shall be made hereunder for any coupons which shall have been pre­ The SPEAKER pro tempore. The Clerk will report the next viously pre ented and paid: Provided further, That the said William bill. Henry Boyce, sr., shall first file in the Treasury Department a bond HERMAN R. WOLTMAN 1n the penal sum. o! double the amount of the certificates e.nd the · The next business on the Private Calendar was the bill interest which had accrued thereon when the principal became due (H. R. 3556) for the relief of Herman R. Woltman. and payable, in such form and with such securities as may be accept­ The title of the bill was read. able to the Secretacy of the Treasury, to Indemnify and save harm­ The SPEAKER pro tempore. Is there objection to the pres- less the United States from any loss on acconnt of the lost, stolen, or ent consideration of this bill? de troyed certificates or indebtedness herein described: Provt.ded There was no objection. fttrtller, That this bill shall not take et'fect until September Hi, 192.4, The SPEAKER pro tempore. The Clerk will report the bill. which is six months after the maturity of the certificates. · The Clerk read as follows: The SPEAKER pro tempore. The question is on .f.he third Be it enacted, etc., 'Fhat in th~ administration of the pension laws reading of the Senate bill. Herman R. Woltman, late of Company F, Thirty-second Regiment Michi­ The bill was ordered to be read a third time, was read the gan Volunteer Infantry, and Company B, Forty-first Regiment United third time, and .passed. States Volunteer Infantry, shall be considered as having been honorably ·The SPEAKER pro tempore. The Clerk will report the next discharged from Company H. Nineteenth Regiment United States I.n­ hlQ . fantr1. 1\fr. BLANTON. 1\fr. Speaker, I ask unanimous consent to With the following committee amendment: extend my remarks on the legislation passed to-day. . Page 1, line 8, after the wo-rd u Infantry," insert the following: The SPEAKER pro tempore. The gentleman from Texas "Provided, That n(} back pay, pension, or allowances shall be held to asks unanimous consent to extend his remarks as indicated. have accrued prior to the passage of this act." Is there objection? There was no objection. The SPEAKER pro tempore. Tile question is on the adop­ The SPEAKER pro tempore. The Clerk will report the next tion of the committee amendment. bill. The committee amendment was agreed to. ROBF..RT LAIRD, SR. The -SPEAKER pro tempore. The question is now on the engrossment and third reading of the bill. The next business on the Private Calendar was the bill The bill was ordered to be engrossed and read a third time, '(H. R. 2309) for the relief of Robert Laird, sr. was read the third time, and passed. The title of the bill was read. The SPEAKER pro teJll1)ore. Is there objection? FRANK RECTOR There was no objection. The next business on the Private Calendar was the bill The SPEAKER p1·o tempore. The Clerk will report the bill. (H. R. 8192) for the relief of Frank Rector. The Clerk read as follows: The-Clerk read the title of the bill. The SPEAKER pro tempore. Is there objection to the pres- Be it enacted, etc., That the Secretary of the Treasury be, and he is ent consideration of the bill? • hereby, authorized and directed to pay, out of any money in the There was no objection. Treasury not otherwise appropriated, t(} Robert Laird, sr., the sum of The Clerk read the bill, as follows : $112.11, being full reimbursement for expenses incurred by him in connection with the burial of the body of late Private (first class) Be it enacted, etc., That in the administration of any laws con­ John Laird, of Company C, Three hundred and first Field Signal ferring rights, privileges, and benefits upon honorably discharged Battalion, shipped to him by the War Department in mistake for the soldiers, Frank Rector, who was a private of Company F, Thirty­ body of his own son, late Private John Laird, of Company F, Twenty­ second Regiment Kentucky Volunteer Infantry, shall hereafter be held third Infantry. and considered to have been discharged honorably from the military service of the United States as a member of said company and regi­ The SPEAKER pro tempore. The question is on the engross­ ment on the date of the expiration of his service: Provided, That no ment and third reading of the bill. bounty, pay, or allowance shall be held to have accrued prior to the The bill was ordered to be engrossed and read a third time pas age of the act, except the regulation service pay while he was was read the third time, and passed. ' under arms. The SPEAKER pro tempore. The Clerk will report the next bilL The SPEAKER pro tempore. The question is on the en- PICTOX STEAMSHIP co. grossment and third reading of the bill. The next business on the Pri\ate Calendar was the bill The bill was ordered to be engrossed and read a third time (H. R. 6660) for the relief of Picton Steamship Co. (Ltd.)' was read the third time, and PRSJ ed. ' owner of the British steam hip Picton. ALoNzo c. snEn..."ELL The title of the bill was read. The- next business on the Private Calendar was the bill The SPEAKER pro tempore. Is there objection? (H. R. 5257), a bill for the relief of Alonzo C. SLekell. There was no objection. The Clerk read the title of the lJill. 1114 CONGRESSIONAL RECORD-HOUSE JANU.A.RY2

The SPEAKER pro tempore. Is there objection to the pres­ The SPEAKER pro tempore. The question is on the adop­ ent consideration of the bill? tion of the amendment. l\Ir. BLANTON. l\Ir. Speaker, reserving the right to object, The amendment was agreed to. I de ire to call attention to that part of the report made by The SPEAKER pro tempore. The question is on the engross­ The .Adjutant General, which reads as follows: ment and third reading of the bill. Repeated and exhaustive examinations of the records have been The bill was ordered to be engrossed and read a third time, made, but nothing has been found to show definitely this man's was read the third time, and passed. wbeJ·eabonts ·after November 22, 1864, the date on which he was re­ MICHAEL CURRAN turned to duty from hospital at Harrisburg, Pa. In view of this The next business on the Private Calendar was the bill fact, the soldiet· is constructively regarded as ·a deserter, but as he (H. R. 2419) for the relief of Michael Curran. has persistently claimed that be was on duty in Harrisburg until his The ·clerk read the title of the bill. company was mustered out, and does not intimate that he left his The SPEAKER pro tempore. Is there objection to the pres· command without proper authority, it was not deemed proper when ent consideration of the bill? the case was up in September, 1912, to treat it as coming under the There was no objection. act of March 2, 1889. However, as he again applied for a discharge The Clerk read the bill, as follows : 1913, certificate in April, under that act, he was informed by this Be it enacted, etc., That in the administration of the pension laws office, under date of April 23, 1913, through his attorney, that his Michael Curran shall hereafter be held and considered to have been case did not come within the provisions of the act of March 2, 1889, honorably discharged from the military service of the United States the only law in force governing the removal of the charges of deser­ as a member of Company I, One hundred and fourteenth Ohio Volun­ tion, for the reason that he did not complete his te1·m of e.nlistment teer Infantry : Pt·ot;ided, That no pension shall accrue prior to the and that it does not appear that he was prevented from completing passage of this act. 1t by reason of physical disability incurred in the line of duty. His application for a discharge certificate under that act was therefore 1\Ir. BLA i'TON. 1\Ir. Speaker, I move to amend by striking denietl and now stands denied. out the provi~o in line 7 and adding the same proviso which Respectfully submitted. was offered by the gentleman from Michigan [Mr. WooDRUFF] P. c. HARRis, to the last bill. The Clerk has the provi o I desire to offer. Tho Adjutant General. l\Ir. YAILE. Neither I nor the gentleman from Colorado [l\lr. TnrnERLAKE], who introduced the bill, have any objection I shall not object, but I thought the facts ought to go into to that; but, as a matter of fact-- the RECORD. · l\Ir. BLANTON. This is just to make them uniform. That The SPEAKER pro tr.mpore. Is there objection? is the language which has gone in all of the balance of them. There was no objection. The SPEAKER pro tempore. The gentleman from Texas The Clerk read the bill, as follows : offers an amendment, which the Clerk will report. Be it enacted, etc., That in the administration of any laws con- The Clerk read as follows : ferring rights, privileges, and benefits upon honorably discharged sol- I Amendment offered by Mr. BLANTO:-.: On page 1, line 7, strike out dier , Alonzo C. Shekell, who was a member of Company II, First the words "Pro~;ided, That no pension shall accrue prior to the passage Regiment Michigan Volunteer Sharpshooters, shall hereafter be held of this act" and insert in lieu thereof the words u Provided, That no and considered to have been discharged honorably from the military back pay, pension, bounty, or other emolument shall accrue prior to serdce of the United States as a member of that organization on the the passage of this act." 22d day of November, 1864 : Pro.,;ided, That no back pay, pension, The SPEAKER pro tempore The question is on the adop- bounty, or other emolument shall accrue prior to the pa sage of t' f th d t · th.1 t wn o e amen men . ac · The amendment was agreed to. Tile SPEAKER pro tempore. The question is on the en- The SPEAKER pro tempore. The question is on the e11 gro ment and third reading of the bill. grossment and third reading of tile bill. The bill wa ordered to be engrossed and read a third time, The bill was ordered to be engro ed and read a third t1m~ was read the third time, and pas ed. was read the third time, and passed. FRANCIS FORBES JOSIAH FREDERICK DOSE The next business on the Private Calendar was the bill The next business on the Private Calendar was the bill (H. R. 6775) a bill for the relief of Francis Forbes. (H. R. 14.15) ~or the relief of Josiah Frederick Do e. · The Clerk read the title of th~ bill. The Clerk read tile title of the bill. The SPEAKER pro tempore. Is there objection to the The SPEAKER pro tempore. Is there objection to the pres- present consideration of the bill? ent consideration of the bill? 1\Ir. BLANTON. Mr. Speaker, reserving the right to ob­ There was no objection. ject, I will state to the gentleman from ~1ichigan [1\fr. WooD­ The Clerk read the bill, as follows: RUFF], who introduced this bill, that similar bills passed to-day Ila\e had this proviso in them: Be it enacted, etc., That in the administration ot all laws con­ ferring rights, privileges, or benefits upon honorably discharged sol­ Protrided, That no back pay, pension, bounty, or other emolument diers, Josiah Frederick Dose shall be held and considered to have shall accrue prior t() the passage of this act. been honorably discharged from the military service of the United That limitation is not in this bill. States as private, Second Regiment California Volunteer Cavalry, at Mr. "\YOODRUFI!'. I will be very glad to ha\e that limita- the close of the Civil War: Prot;·ided, That no pay, bounty, or pension tion placed in the bill. . shall be held to have accrued prior to the pa age of this bill. :Mr. BLANTON. The gentleman will offer an amendment to The SPEAKER pro tempore. The que tion is on the en­ that effect? . gro ment and third reading of the bill. Mr. WOODRUFF. I shall be glad to offer that amendment. The bill was ordered to be engrossed and read a third time, Mr. BLAKTOX. With tilat under .. tanding, I shall not object. was read the third time, and passed. The SPEAKER pro tempore. Is there objection? There was no objection. EDWARD N. M'CARTY The Clerk read the bill, as follows : The next business on the Private Calendar wa · an act ( S. Be it e1wctcd, etc., That in the admini tration of the pension laws, 225) to extend the benefits of the United States employees' Francis Forbes, late of Company I, Tenth Regiment New York Volunteer compensation act of September 7, 1916, to Edward N . .Me 'arty. C:.valry, or Company I, First Regiment New York Volunteer Provisional The Clerk read the title of the bill. Cavalry, Civil War, shall be held and con idered to have been honorably The SPEA.h..'"ER pro tempo-re. Is there obj~ction to the discharged. pre ent consideration of the bill? · Mr. BLANTON. 1\Ir. Speaker, I reserYe the right to object. :\fr. 'VOODRUFF. :ur. Speaker, I offer an amendment. This is another one of those cases which eeks to go behind The SPEAKER pro tempore. The gentleman from Michigan the date of the pas age of the employees' compensation act offers an amendnlent, which the Clerk will report. and to give one the benefit of it when there are thousands of The Clerk read a follows : such cases that could come in and claim that we had set this Amenument otrered by Mr. WooDRUFF: Page 1, line 7, after the word precedent and that we could not deny them. Is the gentle­ "di cha1·ged," strike out the periou, insert a colon, and add the f8llow­ man from Ma . achusetts in favor of etting that precedent? ing: "ProL•ided, That no bacl< pay, pension, bounty, or other emQ!qment Mr. UI\~ERHILL . 'Veil, the personal opinion of the gen­ shall accrue prior to the passage of this act." tleman from Mas achusetts is that it is a bad proposition

...... 1925 CONGRESSIONAL RECOR.D-HOUSE a115 and ought not to be done. But there are cases !hat come be­ JOHN T. EATON fore the Committee on Olaims where we have waiVed t~e ~ate, The next business on the Private Calendar was the bill due to the fact that the claimant is still living and 1s m a ( S. 335) for the relief of John T. Eaton. helpless condition, resulting from injuries received while in The Clerk read the title of the bill. the senice of the United States. The SPEAKER pro tempore. Is there objection to the Mr. BLANTON. This employee was injured in 1915, before present consideration of the bill? the passage of the compensation act. . There was no objection. Mr. UNDERHILL. Yes; but did not become totally blmd The Clerk read the bill, as follows: until some time after that date. . Mr. BLANTON. I understand that, and the fact that. he B~ it enacted, de., That the Secretary of the Treasury be, and he is has become blind appeals to me; but there are hundreds and hereby, authorized and directed to pay to John T. Eaton, of Helena, there could be thousands of such cases all over the United Mont., out of any money in the Treasury not otherwise appropriated, States. the sum of $560, in compliance with the findings of the Court of l\Ir. UNDERHILL. Not exactly of a similar purport. Claims, Senate Document No. 220 of the first session of the Sixty-third 1\Ir. BLANTON. The only difference between this case and Congress. the Kew l\Iexico case where the man was fighting fire is that Mr. BLANTO'N. 1\I.r. Speaker, I move to strike out the last this man was an employee of the Government. • word for the purpose of getting some information. This bill l\Ir. UNDERHILL. Yes. purports to pay this man a sum found to be due him by a l\Ir. BLANTON. The other man simply came in and claimed judgment of the Court of Claims. Ever since I have been he was helping the Government to put out a fire. . . here when the Court of Claims finds in behalf of a claimant 1\Ir. UNDERHILL. And had some pretty strong backing m they send a certificate of such judgment, I have always thought, the House. This man has not. first to the Budget and then to the Committee on Appropria­ l\Ir. BLANTON. I remember the very strong argument the tions, and the items are brought in on the deficiency bill. Why gentleman from Massachusetts then put up against that claim. is it necessary after submitting a matter to the Court of Claims 1\Ir. BEGG. The other man had double cataract, and it w~s and having the Com·t of Claims render a judgment to have the · not conclusive in that case that he was even blinded by h1s House come along and pass a bill? accident. Mr. UNDERHILL. It is all ridiculous. I have been try­ Mr. BLANTON. Oh, yes; there were two doctors testified, as ing to tell the House that for the last four years. the gentleman will remember, they thought it was due to that Mr. BLANTON. The Comlnittee on Appropriations has fire. authority now to bring in such an item on a deficiency bill :Mr. BEGG. One said so and the other said it was doubtful. CO"\"ering this very finding of the Court of Claims. · l\Ir. BLANTON. But I was just recalling the strong argu­ 1\lr. UNDERHILL. Then why should the matter have been ment of the gentleman from Massachusetts made then against referred to the Committee on Claims? that case that if we paid anything then we were going to have Mr. BLANTON. It should not have been so referred. other cases coming in here that we could not deny, and this is The SPEAKER pro tempore. The question is on the third one of them. reading of the bill. · l\Ir. U1\"'DERHILL. Will the gentleman yield? 1'he bill was ordered to be read a third time, was read the Mr. BLANTON. I yield. third time, and passed. 1\Ir. UNDERHILL. l\Iy argument at that time was that this man in the first place, was not an employee of the Gov­ JANIE BEASLEY GLISSON ernment.' that it had not been conclusively proven he was in­ The next. business on the Private Calendar w_as the bill ( S. jured in' defending Government property from destruction. 648) for the relief of Janie Beasley Glisson. This case is entirely different, inasmuch as the man was an The Clerk read the title of the bill. employee of the Government and his blindness did not progress The SPEAKER pro tempore. Is there objection to the pres- to such an extent that he was totally blind tmtil some time ent consideration of the bill? after his injury. There was no objection. Mr. BLANTON. Would the gentleman be in favor of a The Clerk read the bill, as follows: blanket bill extending the employees' compensation act back as Be u enacted, etc., That the Secretary of the Treasury be, and he is far as there are claimants? hereby, authorized and directed to pay out of any money in the Treas­ l\Ir. Ul\TJ)ERHILL. Not by any means. ury not otherwise appropriated, to Janie Beasley Glisson $5,000, for l\Ir." BLANTON. But the gentleman is going to pass on each damages suffered by her when she was struck and permanently injured inuividual case? by a Government airplane which was in charge of and driven by offi­ l\Ir. UNDERHILL. On each individual case. cers of the United States Army. l\Ir. BLANTON. This is only $1,200, and I shall not object. The SPEAKER pro tempore. Is there objection to the pres- With the following committee amendment: ent consideration of the bill? Page 1, line 6, strike out the figures " $5,000 " and insert in lieu There was no objection. thereof the figures " $2,500." The Clerk read the bill, as follows: The SPEAKER pro tempore. The question is on agreeing Be it enacted, etc., That the United States Employees' Compensa­ to the committee amendment. tion Commission shall be, and it is hereby, authorized and directed to The committee amendment was agreed to. extend to Edward N. McCarty, a former employee in the post office in The bill was ordered to be read a third time, was read the Mattoon, Ill., the provisions of an act entitled "An act to provide com­ third time, and passed. . pensation for employees of the nited States suffering injuries while On motion of :Mr. MooRE of Georgia, a motion to reconsider in the performance of their duties, and for other purposes," approved the vote by which the bill was passed was laid on the table. September 7, 1916, compensation hereunder to commence from and SAMUEL F. WEAVER after the passage of this act. The next business on the Private ·calendar was the bill ( S. With the following committee amendment: 1573) for the relief of Samuel F. Weaver. Strike out all after the enacting clause and insert: The Clerk read the title of the bill. "That the Secretary of the Treasury be, and be is hereby, authorized The SPEAKER pro tempore. Is there objection to the pres- and directed to pay, out of any money in the Treasury not otherwise ent consideration of the bill? appropriated, the sum of $1,~00, in full settlement against the Govern­ Mr. BLANTON. Mr. Speaker, I reserve the right to object. ment. to Edward N. McCarty, to compensate him for injuries to his Here is a case where back in 1900-25 years ago-a workman eyes while an employee in the post office at :Mattoon., Ill." who was employed by the War Department went out on a The SPEAKER pro tempore. The question is on the adop­ Government launch-it may have been for a pleasure ride tion of the committee amendment. more than anything else; may have been, I say, because back The committee amendment was agreed to. 25 years ago you do not know what it was for-and he was The SPEAKER pro tempore. The question is on the third injured while on that launch. He got on the · l~unch and met reading of the bill. with an accident. Why do we pay for those thmgs? . The bill was ordered to be read a third time, was read the l\Ir UNDERHILL. There is no answer to it at all. third time, and passed. 1\Ir: BLANTON. Is the gentleman in favor of .it? The title was amended to read as follows: "An act for the Mr. UNDERHILL. It is absolutely a gratmty upon the relief of Edward N. McCarty.'' part of the Congress, like many oth~r things. CONGRESSION.AB. RECORD-HOUSE JANUARY 2

I '"'~- -- Mr. BLANTON. We ought to stop these gratuities, espe­ ERNEST F. CHURCH cially until we have reduced taxes. Mr. UNDERHILL. Of course, the grounds 'On which these The next business on the Private Calendar was the bill }leople make these requests is that Congress did not pass a (H: R. 917) for the relief of Ernest F. Church, boatswain, compensation bill, as. it should ·have passed it, perhaps, long Umted States Naval Reserve Force. before it did. The Clerk read the title of the bill. Mr. BLANTON. Well, that very suggestive French shrug The SPEAKER pro tempore. Is there objection to the of the shoulders of the gentleman from Massachusetts con­ present consideration of the bill? vinces me and I object. There was no ol;ljection. The Clerk read the bill, as follows: Mr. BOYCE. Mr. Speaker, will the gentleman withhold his objection for a moment? Be 't enacted, etc., That the Treasurer of the United States be, l\Ir. BLANTON. Yes. and he is hereby, authorized and directed to pay to Ernest F. Church, Mr. BOYCE. 1\fr. Speaker, it is true that this is a very boatswain, United States Naval Reserve Force, the sum of $214.02, old bill. The claimant, in the employment of the Govern­ for .necessary expenses while on naval recruiting duty during March, ment, was severely injured January 17, 1900. He was going Apnl, and May-, 1917. to work on a fortification on an island in the Delaware River, Witp the following committee amendment: near Delaware City, and because the boat on which the em­ ployees usually went to the fortification was out of use, they Strike out all after the enacting clause and insert: were directed to get on a Government launch, and before the " That the- Secretary of the Treasury be, and be is hereby, author­ launch was started from the wharf one of the boiler tubes ized and directed to pay, out of any money in the Treasury not other· exploded and the escaping steam filled the launch, and the wise appropriated, to Ernest F. Church, formerly boatswain, United claimant was scalded, disabling one of his hands and destroy­ States Naval Reserv-e Force, the sum of $249.48, for necessary ex­ ing the sight of one- of his eyes. He was terribly injured. penses while on naval recruiting duty during M:u-cb, April, and Mny, Mr. BLANTON. Mr. Speaker, will the gentleman yield? 1917." Mr. BOYCE. It is true that the accident happened before The SPEAKER pro tempore. The question is on agreeing the compensation act was passed, but the claimant is now old to the committee amendment. and incapacitated, and his claim is most meritorious. The. amendment was agreed to. In the Senate bill $3,500 as compensation for the injuries The bill as amended was ordered to be engrossed and read a su tained were sought. The Senate cut that amount to $2,000. third time, was read the third time, and passed. I requested the House committee to report the Senate bill as The title was amended to read as follows: "A bill for the amended, and after some difficulty, such as suggested by the relief of Ernest F. Church. formerly boatswain, United States gentleman from Texas, the committee concluded to recom­ Naval Reserve Force." mend the allowance of $750, the equivalent of one year's pay CASIMIRA MENDOZA which the claimant was receiving at the time of his injuries. The claimant was not negligent and he was an efficient servant The next business on the Private Calendar was the bill in the engineer department of the Government. I hope the (H. R. 4294) for the relief of Casimira Mendoza. gentleman from Texas will not further object. The Clerk read the title of the bill. Mr. BLANTON. Mr. Speaker, the State of Delaware, while The SPEAKER pro tempore. Is there objection to the pres- it has not been represented quite so ably as it is now pos­ ent consideration. of the bill? sibly, has been represented here, however, for 25 ye~rs. Why There was no objection. has not some one been able to get a bill like this through the The Clerk read the bill, as follows : Congress in all those 25 years 'i Be it enacted, etc., That the Secretary ot the Treasury be, and he is Mr. BOYDE. Several efforts have been made by former hereby, authorized and directed to pay, out of any money in the Treas­ Representatives of and for Delaware, but some Member of the ury not otherwise appropriated, to Casimlra Mendoza, of Shafter; House, like the gentleman from Texas, objected to the passage Presidio County, Tex., the· sum of $10,000, as compensation for the of a bill for the relief of the claimant. I think this is the death of her son, Jesus Mendoza, which resulted when an Army motor fourth effort which has been. made in behalf of the claimant. transport truck struck the wagon in which said son was riding. I do hope some degree of justice may now be extended to the claimant here. With the following committee amendment: Mr. BLANTON. I am not going to assume the responsi­ Line 6, strike out " $10.,000 " and insert " $1,500." bility of denying the gentleman's bill when the administration_ The SPEAKER pro tempore. The question is on agreeing to which is pledged to economy has its representatives here who the. committee amendment. could object, and if they will not do it why let the Government The committee amendment was agreed to. pay this money. The bill as amended was ordered to be engrossed and read The SPEAKER pro tempore. The Chair hears no objection. a third time, was read the third time, and passed. Mr. BEGG. Oh, Mr. Speaker, I object. Ml'; BOYCE. I hope the- gentleman will not' do that NELLY M'OANNA l\Ir. BEGG. I shall. The next business on the Private Calendar was the bill (H. R. Mr. BOYCE. Will not the gentleman withhold his objection 1889) for the relief of Nelly McCanna, residuary legatee and and hear me? devisee under the last will and testament of P. F. McCanna, :Mr. BEGG. Yes. My friend from Texas usually has the deceased. courage to do his duty, but he flunked this time. The Clerk read the title of the bill. 1\!r. BOYCE. I hope the gentleman from Ohio in making· his The SPEAKER pro tempore. Is there objection? objection is not prompted by any taunting of the Members of Mr. THO:J\IAS of Oklahoma. Mr. Speaker, there is a Senate the other side of the Hou,se by the gentleman from Texas. bill on the same subject S. 368, and I ask unanimous consent I would not be here seeking the passage of this bill if I did that the Senate bill be substituted for the House bill. not know it to be mer-itorious and as representing only poor The SPEAKER pro tempore. Is there objection? justice to the claimant. His hand is practically disabled and Mr. BLANTON.' Reserving the right to object, may I ask one eye is almost totally destroyed. .And these injuries re­ the gentleman whether the amount is the same? sulted through an instrumentality of the Government in the Mr. THOMAS of Oklahoma. The amount is the same. The due course of the claimant's employment. House bill has an amendment striking out the interest. The Mr. BEGG. If this were the only case of its kind, I would Senate bill strikes out the interest, not in exactly the same not object. I will assist the House in whatever way I can to language, but the amount is the same. bring out a bill covering all of these cases. :Mr. BLANTON. If I understand the gentleman, if we pass Mr. BOYCE. Will the gentleman from Ohio explain to me the Senate bill, the full amount allowed will be $760.68 without how he can consistently object to this bill when only a few interest? moments ago he permitted· a bill, Calendar No. 215, like this Mr. THOMAS of Oklahoma. Yes, sir. to pass? The SPE.A.KER p.ro tempore. Without objection the Senate­ Mr. BEGG. Oh, I thought the gentleman from Texas [Mr. bill will be considered in lieu of the House bill. BLA..~To ~~] was going to object, but he did not. There was no objection. The SPEAKER pro tempore. Ia there objection? The SPEAKER pro tempore. The Clerk will report· the en­ Mr. BEGG. I object. ' ate bill.

.... 1925 U .ONUR~~~lO r1\.L RECORD-HOUSE

The Clerk read as follows: The Clerk read as follows: ~n act (S. 368) for the relief of Nelly :McCanna, residuary legatee and Be it enacted, etc., That in the administration of the pension laws devisee under last will and testament of P. F. McCanna, deceased or of any laws conferring rights, privileges, or benefits upon honorably Be it enacted, etc., That the Secretary of the Tr~asury be, and he is discharged soldiers, Charles F. Getchell, who served in Company B, hereby, authorized and directed to pay to Nelly McCanna, residuary Forty-seventh Regiment New York Volunteer Infantry, shall hereafter legatee and devisee under last will and testament of P. F. McCanna, be held and considered to have been honorably discharged from the deceased, out of any money in the Treasury not otherwise appropriated, military service of the United States. as reimbursement for interest paid by P. F. McCanna, deceased, on The committee amendment was read, as follows: money borrowed by him while acting under the authority of the In­ Page 1, line 9, after the word "States" insert a colon and tt p,.,_ terior Department in the negotiation of land for the United States vided, That no back pay, pension, or allowance shall be held to have Indian School at Albuquerque, N. Mex., the sum of $760.68. accrued prior to the passage of this act." The bill was ordered to be read a third time, was read the The amendment was agreed to. third time, and passed. .The bill as amended was ordered to be · engrossed and read The SPEAKER pro tempore. Without objection the House a third time, was read the third time, and passed. J>ill will be laid upon the table. There was no objection .. MATTHEW THOMAS MRS. JOHN D. HALL The next business on the Pri\ate Calendar was the bill (H. R. 2421) to remove the charge of desertion from tne The ne:rl business on the Private Calendar was the bill i(S. 2187) authorizing the Comptroller General of the United military record of Matthew Thomas. The Clerk read the title of the bill. States to consider and settle the claim of Mrs. John D. Hall, The -SPEAKER pro tempore. Is there objection? [After a widow of the late Col. John D. Hall, United States Army, re­ pause.] The Chair hears none. tired, for personal property destroyed in the earthquake at San The Clerk read as follows : Francisco, Oalif. Tile Clerk read the title of the bill. Be it enacted, etc., That in the administration of the pension laws The SPEAKER pro tempore. Is there objection to the con- the Secretary of War be, and he is hereby, authorized and directed to sideration of this bill? remove the charge of desertion now appearing in the military record 1\lr. BLANTON. Mr. Speaker, I'eserving the right to object, of Matthew Thomas, of Eaton, Colo., who served in Company C, One I understand that the amendment put in by the committee will hundl·ed and fiftr-fourth Regiment Illinois Volunteer Infantry, Civil be insisted upon. War, and issue to him an honorable discharge therefrom. 1\Ir. BOX. Yes; that is, if the House votes it. The committee amendment was read as follows: 1\Ir. BLANTON. This is an amendment put on the bill rage 1, line 9, after the word " therefrom," insert a colon and u Pro- making the amount $2,248? 1:ided, That no back pay, pension, or allowp.nce shall be held to have l\Ir. BOX. That is the amount found by the board which accrued prior to the passage of this act." examined into the matter. Mr. BLANTON. There will be no increase of that amount, The question was taken and the amendment was agreed to. ,either in conference or-- l\lr. BLANTON. Mr. Speaker, I move to strike out the last 1\Ir. BOX. The gentleman from Texas can not control what word for the purpose of asking my colleague why The Adjutant will be done in conference. General's report on this bill was not put in the report of the l\Ir. BLANTON. But my colleague will be on the conference committee. l\Iy colleague from Texas reported the bill. Is committee. there any reason why that report of The Adjutant General's l\Ir. BOX. If he is he will insist on adhering to the House's statement should nothave been given in the report? action, and he thinks the majority of the committee will do so. l\Ir. WURZBACH. I do not have any particular recollection The SPEAKER pro tempore. Is there objection? [After of this bill. a pause.] The Chair hears none. The Clerk will report l\Ir. BLANTON. I notice it was reported by the gentleman. the bill. l\Ir. WURZBACH. Well, it is marked as being reported by The Clerk ~ead as follows : me. Be it e-nacted, etc.l That the Comptroller General of the · United l\Ir. BLANTON. Was there any ad\erse statement in The States be, and he is hereby, authorized and directed to consider the Adjutant General's report? claim of :Mrs. John D. Hall, widow of the late Col. John D. Hall, l\Ir. WURZBACH. I do not remember. It certainly was not United States Army, retired, for value of personal property destroyed omitted designedly, and I think I requested 1\fr. TIMBERLAKE to in the military service of the United States Army by the earthquake prepare this , report, if I am not mistaken. and fire at San Francisco, Calif., on April 18, 1906, under the provi­ Mr. BLANTON. l\Iay I ask the gentleman from Colorado sions of the act of Congress approved March 3, 1885, and make such why the Adjutant General's statement was not put in? pllowance in settlement therefor as in his judgment may be deemed l\Ir. Til\IBERL... lliE. I do not recall why it was not put :Just and proper. in. The Adjutant General's report was about in accordance with the statement here. The committee amendment was read, as follows: l\lr. BLANTON. And he did not recommend that this bill Strike out all after the enacting clause, page 1, line 3, down to should not pass? and including line 3, on page 2, and insert in lieu thereof the l\Ir. TIMBERLAKE. l'\o; he did not. following: The bill was ordered to be engrossed and read a third time, "That the Secretary of the Treasury be, and he is hereby, author­ was read the third time, and passed. ized and directed to pay, out of any money in the Treasury not other­ The. title was amended so as to read "A bill for the relief wise appropriated, the sum of $2,248.10 to Mrs. John D. Hall, widow of the late Col. John D. Hall, United States Army, retired, for value of Matthew Thomas." 'Of personal property destroyed in the military service of the United WILLIAM P. QUABLElS, KNOW~ AS QUALLS States Army by the earthquake and fire at Sao Francisco, Calif., The next business on the Pri\ate Calendar was the bill ·April 18, 1906." (H. R. 9354) for the relief of William P. Quarles, known as 1\Ir. BLA't\TTON. Mr. Speaker, this amendment is a Senate Qualls. The title of the bill was· read. amendment instead of a committee amendment. The SPEAKER pro tempore. Is there objection to the pres­ The SPEAKER pro tempore. No; it is a House commit- ent consideration of this bill? tee amendment. as the Chair understands. There was no objection. Mr. BLANTON. I thought it was a Senate amendment. The SPEAKER pro tempore. The Clerk will report the The amendment was agreed to. The bill as amended was ordered to be read a third time bill. The Clerk read as follows: was read the third time, and passed. ' - The title was amended so as to read "An act for the relief Be it enacted, etc., That in the administration of any laws con­ ferring rights, privileges, and benefits upon honorably discharged of l\Irs. John D. Hall." soldiers, William P. Quarles, known as Qualls, who was a private in CHARLES F. GETCHELL Company H, Fourth Regiment Tennessee Volunteer Cavalry, shall Tlle next business on the Private Calendar was -the bill hereafter be held and considered to have been discharged honorably ·(H. R. 1691) for the relief of Charles F. Getchell. from the military service of the United States as a private of said The Clerk read the title ilf the bill. company and regiment on the 27th day of November, 1864: Provided, The SPEAKER pro tempore. Is there objection? (After '.rhat no bounty. pay, or allowances shall be held as accrued prior to @. pause.] The Chair hears none. thE; passage of this act. I 1118 CONGRESSIONAL RECORD-HOUSE JANUARY 2·

The SPEAKER pro tempore. The question is on the engross­ The SPEAKER pro tempore. The question is on the engros~~ ment and third reading of the bill. ment and third reading of the bill as amended. The bill was ordered to be engrossed and read a third time, The bill as amended was ordered to be engrossed and read a was read the third time, and passed. third time, was read the third time, and passed. The SPEAKER pro tempore. The Clerk will report the next The SPEAKER pro tempore. The Clerk will report the next bilL bill. FREQERICK SPARKS JAMES J. M'A.LLISTER 'l,he next business on the Private Calendar was the bfil The next business on the Private Calendar was the bill (H. R. (H. R. 1958) for the relief of Frederick Sparks. 2258) for the rQlief of James J. McAllister. The title of the bill was read. The title of the bill was read. The SPEAKER pro tempore. Is there objection? The SPEAKER pro tempore. Is there objection? Mr. BLANTON. Mr. Speaker, with the understanding that There was no objection. the proviso shall be corrected to conform to the usual proviso, The SPEAKER pro tempore. The Clerk will report the bill. I shall not object. This proviso is not in the regular form. I The Clerk read as follows : presume the gentleman fi·om Indiana [Mr. PURNELL], the Be it enacted, etc., That there is hereby authorized to be appro· author of the bill, will offer an amendment. priated, out of any money in the Treasury not otherwise appropriated, l\Ir. McKENZIE. ·Mr. Speaker, there is no objection. the sum of $5,000 to compen ate James J. McAllister, a Bannock In· The SPEAKER pro tempore. The Clerk will report the bill. dian, residing near Boise, Idaho, for water rights lost by him incident The Clerk read as follows : to the acquiring by the War Department of a water supply for Fort Be it enacted, etc., That in the administration of the pension laws Boise Barracks, Idaho : Provided, That this sum shall not be paid to and the laws governing the National Home for Disabled Volunteer the said James J. McAllister until he shall have executed a release in Soldiers, or any branch thereof, Frederick Sparks shall hereafter be full satisfactlOil of all claims against the Government for or by reason held and considered to have been honorably dlscbarged from the mill· of the loss of said water rights. tary service of the United States as a private of Company E, Forty­ With a committee amendment, as follows: third Regiment Indiana Volunteer IntantrJ: Pro1i-ided, That no pen­ sion shall accrue prior to the passage of this act. On line 5 strike out the figures " $5,000 " and insert " $1,000.'' .1\Ir. BLANTON. 1\lr. Speaker, I offer an amendment: On The SPEAKER pro tempore. The -question is on agreeing to page 1, lines 9 and 10, strike out the proviso and insert in lieu the amendment. thereof the language which the Clerk has. The amendment was agreed to. The SPEAKER pro tempore. The Clerk will report the The SPEAKER pro tempore. The question is on the engross· amendment offered by the gentleman from Texas. ment and third reading of the bill as amended. The Clerk read as follows: The bill as amended was ordered to be engrossed and read a: third time, was read the third time, and passed. Lines 9 and 10, after the word " Infantry," 1n line 9, strike out the The SPEAKER pro tempore. The Clerk will report the next words " Provided, That no pension shall accrue prior to the passage bill. of this act " and insert 1n lieu thereof the following: u Provided, That no back pay or allowance shall be held to hP.ve accrued prior to the CHARLES T. CLAYTON AND OTHERS passage of this act." The next business on the Private Calendar was the bill (H. R. 7631) for the relief of Charles T. Clayton and others. The SPEAKER pro tempore. The question is on agreeing to The title of the bill was read. the amendment. The SPEAKER pro tempore. Is there objection? The amendment was agreed to. Mr. STEPHENS. I object. The SPEAKER pro tempore. The question is on the engross­ ment and third reading of the bill as amended. Mr. GARRETT of Texas. Mr. Speaker, I hope the gentle­ The bill as amended was ordered to be engrossed and read man will withhold his objection. This bill has been recom­ a mended for passage by the Committee on War Claims in two third time, was read the third time, and passed. Congresses, including the present one. It is for the relief of wid­ The SPEAKER pro tempore. The Clerk will report the next bill. ows and children and other persons, some of whom were shot and their husbands either killed or wounded in the riot of the THOMAS J. GARDNER negro soldiers at Houston, Tex., on the 23d day of August, The next business on the Private Oalendar was the bill (H. R. 1917. here 1\!r. LONGWORTH. l\Ir. Speaker, I move that the Honse and pass, what kind of a case is it that appeals to Congress? do now adjourn. l\Ir. BA:..~KHEAD. Will the gentlemen y).eld for a brief in­ The motion was agreed to; accordingly (at 4 o'clock and 12 qill t y? Did the committee understand the gentleman to state minutes p. m.) the House adjourned until to-morrow, Satur­ that the gentleman from Ohio [Mr. BEGGJ was only temporarily day, January 3, 1925, at 12 o'clock noon. ab ·ent from the Chamber, or that the gentleman would be ab­ sent the remainder of the day? EXE_CUTIVE COMMUNICATIONS, ETC. Mr. STEPHENS. His daughter is leaving the city and it was nece sary for him to be absent for the day. Under elau e 2 of Rule XXIV, executive communications Mr. BAl'UCHEAD. I understood the gentleman to prefer a were taken from the Speaker's table and referred as follows: request-! do not know whether he did it formally or not-that 763 . ..A letter from the adjutant general of the United the bill be passed over temporarily without prejudice. Spanish War Veterans, transmitting the proceedings of the 1120 CONGRESSIONAL RECORD-HOUSE J.ANU.ARY 2

Twenty-sixth National Encampment of the United Spanish United States, and for other purposes," appro\ed September 21, War Veterans, held at l\1ichigan City, Ind., September 7-10, 1922; to the Committee on Ways and 1\Ieans. 1924 (H. Doc. No. 522); to the Committee on Military Affairs · By Mr. DOWELL: A. bill (H. R. 11251) to amend section 81 and ordered to be printed, with illustrations. of the Judicial Code; to the Committee on the Judiciary. 764. A communication from the President of the United By Mr.. McKENZIE: A bill (II. R. 11252) authorizing tho States, transmitting a supplemental estimate of appropriation construction of additional facilities at Walter need General for the Department of Agriculture for the fiscal year ending Hospital ; to the Committee on Military Affairs. June 30, 1925, in the amount of $225.23, for the purpose of Also, a bill (H. ~· 11253) to provide for the appointment of carrying out the provisions of an act for the relief of Henry a leader of the Army Band; to the Committee on :unitary McGuire (Pri\ate No. 58, 68th Gong.), approved June 7, Affairs. 1924 (H. Doc. No. 523) ; to the Committee on Appropriations By Mr. O'CONNOR of Louisiana: A bill (H. R. 112;)4) to and ordered to be printed. create a waterways commission ; to the Committee on Floou 765. A communication from the President of the United Control. States, transmitting a supplemental estimate of appropria­ . By Mr. REED of West Virginia: A bill (H. R. 11255) grant­ tion for the Department of the Interior, Bureau of Reclama­ rng the consent of Congress to the Kanawha Falls Bridge Co. tion, for the fiscal year ending June 30, 1926, for the com­ (Inc.), to consh·uct a bridge across the Kanawha Rhrer at mencement of the Vale irrigation project in Oregon, $500,000 Kanawha Falls, Fayette County, W. Va.; to the Committee ou (H. Doc. No. 524) ; to the Committee on Appropriations and Interstate and Foreign Commerce. ordered to be printed. By Mr. CABLE: A bill (H. R. 11256) proyiding for the 766. A letter from the Secretary of War, transmitting re­ transmission by registered mail of · the results of the votes quest for the early passage of H. R. 6065, authorizing the cast by presidential electors for President and Vice President; Secretary to validate certain payments made by Army officers ; to the Committee on Election of President, Vice President and to the Committee on Military Affairs. Representatives in Congress. ' 767. A communication from the President of the United By :Mr. JOHNSON of Washington: A bill (H. R. 11257) to ·States, transmitting a supplemental estimate of appropriations amend section 3830 of the Revised Statutes of the United for the War Depa1·tment for the fiscal year ended Jtme 30, 1924, States ; to the Committee on the Post Office and Post Road . for the payment of claims, Camp Funston, Kans., activities, By Mr. PERKINS: A bill (II. R. 11258) ·to amend and con­ $93,599.19 (H. Doc. No. 525) ; to the Committee on Appropria­ solidate the acts re pecting copyJ:ight, and to permit the United tions and ordered to be printed. States to enter the International Copyl'ight Union; to the Com­ 768. A communication from the President of the united mittee on Patents. States, transmitting a supplemental estimate of awropriations By Mr. FISH: ConcurTent resolution (H. Con. Res: 36) for the Department of State for the fi cal year ending June 30, establishing a permanent international court of justice at The 1925, amounting to $11,250; also, draft of proposed legiJ lation _Hague ; to the Committee on Foreign Affairs. affecting existing appropriations (H. Doc. No. 526) ; to the Committee on Appropriations and ordered to be printed. PRI"V'A.TE BILLS A...~D RESOLUTIOXS 769. A communication from the President of the United States, transmitting a supplemental estimate of appropriations Under clause 1 of Rule XXII, private bills and resolutions for the Interstate Commerce Commission for the fiscal year were introduced and severally referred as follows: ending June 30, 1925, amounting to $84,420 (II. Doc. No. 527) ; By M..r. BULWINKLE: A bill (H. R. 11259) granting an in­ to the Committee on Appropriations and ordered to be printed. crease of pension to Andrew S. Hicks; to the Committee on 770. A communication from the President of the United Pensions. States, transmitting a supplemental estimate of appropriations Also, a bill (II. R. 11260) for the relief of F. R. Baker ; to for the Treasury Department for the ·fiscal year endin.g June the Committee on Claims. 30, 1925, for refunding internal re\enue taxes illegally col­ By Mr. COOPER of Ohio: A bill (H. R. 11261) granting a lected, $100,000,000 (H. Doc. No. 528) ; to the Committee on pension to Florence Adams; to the Committee on Invalid Appropriations and ordered to be printed. Pensions. By l\1r. FAUST: A bill (H. R. 11262) granting a pension to REPORTS OF COMl\IITTEES ON PUBLIC BILLS k"\TD Theodore W. Goldin; to the Committee on Pensions. RESOLUTIO:KS By :Mr. FOSTER: A bill (H. R. 11263) granting an increase of pension to Anne Davis; to the Committee on Invalill Pen­ Under clause 2 of Rule XIII, sions. Mr. ANTHONY: Committee on Appropriations. H. R. 11248. A bill making appropriations for the military and nonmilitary By Mr. FRENCH: A bill (H. R. 11264) granting a pen ion to activities of the War Department for the fi cal year ending H. P. Hull; to the Committee on InY"alid Pen ions. June 30, 1!J26, and for other purposes; without amendment By Mr. GREENWOOD: A bill {H. R. 11265) granting a pen­ (Rept. No. 1071). Referred to the Committee of the Whole sion to Hattie Johnson; to the Committee on Invalid Pen. ions. By ..Mr. JOHNSON of South Dakota: A bill (H. R. 11266) Bouse on the state of the Union. granting a pension to Matthew McCabe; to the Committee on Pensions. CHANGE OF REFERE:KCE By Mr. KEARNS: A bill (H. R. 11267) granting a pension to Under clause 2 of Rule XXII, committees were discha1·ged Louise Nieder; to the Committee on Pensions. f1·om the consideration of the following bills, which were re­ Also, a bill (H. R. 11268) granting a pen ·ion to Rel.>ccca J. ferred as follows : Hertslet ; to the Committee on Pensions. A bill (H. R. 11133) granting a pension to Ella Coffman; .Also, a bill (II. R. 11269) granting an increase of pension to Committee on Pensions discharged, and referred to the Com­ Anna E. Reeves ; to the Committee on Invalid Pen ion~. mittee on Invalid Pensions. Also, a bill (II. R. 11270) granting an increaRe of pen~ion to A bill (H. R. 11134) granting an increase of pension to Mary Carrie E. Carley; to the Committee on Invalill Pcn~ion~. E. Fountain ; Committee on Pensions dL'3charged, and referred By Mr. KINCHELOE: A bill (H. R. 11271) ..,.ranting a pen­ to the Committee on Invalid Pensions. sion to James W. Craig; to the Conimittee on Pen. ions. By Mr. MAcGREGOR: A bill (H. R. 11272) granting a pen­ sion to Julia Murphy; to the Committee on Invalid Pen:'-lion~. PUBLIC BILLS, RESOLUTIONS, AJ.~D ~IE~lORI.ALS Also, a bill (II. R. 11273) granting a pension to :Mary L. Under clause 3 of Rule XXII, bills, resolutions, and memorials Ilar\ey; to the Committee on Invalid Pensions. were introduced and severally referred as follow : By Mr. MANLOVE: A bill (H. R. 11274) granting a pen­ By Mr. ANTHONY: A bill (H. R. 11248) making appropria­ sion to Nettie Williams; to the Committee on Inyalid Pen­ tions for the military and nonmilitary activities of the War sions. Department for the fiscal year ending June 30, 1926, and for Also, a bill (II. R. 11275) granting a pension to Susana other purposes; committed to the Committee of the Whole Thomas ; to the Committee on Invalid Pensions. House on the state of the Union. By 1Ir. SIMMONS: A. bill (H. R. 11276) granting an in­ By ~fr. SWANK: A bill (H. R. 11249) to aruenu section 200 crease of pension to Hannah M. Mattley; to the Committee on of the World War veterans' act of 1924; to the Committee on Invalid Pensions. 'Vorld War Yeterans' Legislation. By Mr. WOODRUFF: A bill (H. R. 11277) g1·anting a llen­ By Mr. COOPER of Ohio: A bill (H. R. 11250) to amend the sion to Luther L. Duel; to the Committee on Invalid Pen~ion . . act entitled "An act to provide revenue, to regulate commerce Also, a bill (H. R. 11278) granting an increase of pen::;ion to with foreign countries, and to encourage the industl·ies. in the Nancy J. Sheay; to the Committee on In\alid Pensions•

... 1925 CONGRESSIONAL RECORD-SENATE 1121

PETITIONS, ETO. REPORT OF THE GOVEBNOR OF PORTO RICO Under clause 1 of Rule XXII, petitions and papers were- laid The PRESIDENT pro tempore laid before the Senate the on the Clerk's desk and referred as follows: following message from the President of the United States, 3330. By the SPEAKER: Petition of Lieut. Nathaniel Bow­ which was read ; ditch Camp, No. 30, Sons of Veterans, Division of Massaehu­ To the Oongress of the United States: setts Dorchester, Mass., urging the repeal of Public Law No. ·As -required by section 12 of the act of Congress of March 46, Sixty-eighth Congress ( S. 684) ; to the Committee on Coin­ 2, 1917, entitled "An act to provide a civil government for age, Weights, and Measures. Porto Rico, and for other purposes," I transmit herewith for 3331. By :r\Ir. GALLIVAN: Petition of Benjamin Stone, jr., the information of · the Congress, the twenty-fourth ~ual Post, No. 68, Grand Army of the Republic, Dorchester,, Mass., report of the Governor of Porto Rico, including the reports recommending repeal of the act passed by Congress m 1923 of the heads of the several departments of the PoTto Rican authorizing the coinage of 5,000,000 50-cent pieces and to be government and that of the auditor, for the fiscal year ended sold to the Stone Mountain Confederate 1\Ionumental Associa­ June 30, 1924. tion · to the Committee on Coinage, Weights, and Measures. I ccmeur in the recommendation of the Secretary of War 33S2. By 1\Ir. GIBSON: Petition from citizens of Windham that this report be printed as a congressional document County, Vt., protesting against proposed legislation (S. 3218) GALVIN CooLIDGE. for compulsory Sunday observance; to the Committee on the THE WHITE HousE, Januat-·y 2, 1925. District of Columbia. 3333. By Mr. HAWLEY: Petition to the Honse of Repre­ The PRESIDENT pro tempore. The message will be re­ ferred to the Committee on Territories and Insular Possessions. sentatives not to concur in the passage of compulsory Sunday The Chair desires to observe that there is a note attached to observance bill (S. 3218) nor to pass any other religious legis­ the message explaining that the report itself has accompanied lation which may be pending; to the Committee on the District a similar message to the H()use of Representatives. of Columbia. · 3334. Also, petition of residents of Portland, Oreg., to the MESSAGE FROM THE HOUSE House of Representatives not to concur in the passage of the A message from the House of Representatives, by 1\Ir. Farrell, compulsory Sunday observance bill ( S. 3218) nor to pass any one of its clerks, announced that the House had passed with­ other religious legislation which may be pending; to the Com­ out amendment the following bills of the Senate: mittee on the District of Columbia. S. 335. An act for the relief of John T. Eaton; 3335. By 1\Ir. KETCHAl\I ~ Petition of Chamber of Commerce S. 368. An act for the relief of Nelly McCanna, residuary of St. Joseph, Mich., protesting against abstraction of water legatee and devisee under last will and testament of P. F. from Lake l\Iichigan by the Chicago Sanitary District; to the McCanna, deceased ; . Committee on Rivers and Harbors. S. 511. An act to authorize the Secretary of the Interior to 3336. By Mr. MAcGREGOR: P~tition of Colonel E. H. Lis­ issue patent in fee simple to the Board of Regents of the Uni­ cum Garrison, No. 46, Army and Navy Union, Elmira, N. Y., versity of Arizona, State of Arizona, of Tucson, Ariz., for a urging the passage of House bill 5934 for the monthly pensions certain described tract of land ; of all veterans ; also resolution by Arthur McArthur Camp, S. 1014. An act f'Or the relief of F. J. Belcher, jr., trustee United Spanish War Veterans, Department of Minnesota, in­ for Ed Fletcher ; dorsing a uniform and equal standard for rating of all United S. 2510. An act for the relief of William Henry Boyce, sr. ; States war veterans; to the Committee on Pensions. and 3337. By Mr. O'CONNELL of New York: Petition of the S. 3235. An aet for the relief of Christina Conniff. First National Bank, of Brooklyn, N.Y., favoring the passage of The message also announced that the House had passed the the McFadden bill; to the Committee on Banking and Currency. following bills of the Senate, severally with an amendment, in 3338. By Mr. SMITH: Resolutions of Hansen Community which it requested the concurrence of the Senate: Club, Hansen, Idah~ urging the enactment of legislation provid­ S. 555. An act for the relief of Blattmann & Co. ; ing for the distribution of literature to schools and homes of S. 648. An act for the relief of Janie Beasley Glisson; and the country regarding the menace of the use of narcotic drugs ; S. 2357. An act for the relief of the Pacific Commissary Co. to the Committee on the Judiciary. The message further announced that the House had pas ed 3339. Also, resolutions of Blaine County Pomona Grange, the following bills of the Senate, each with amendments, in Picabo, Idaho, in opposition to legislation pending providing for which it requested the concurrence of the Senate: creation of a department of education ; to the Committee on S. 225. An act to extend the benefits of the United States em­ Education. ployees' compensation act of September 7, 1916, to Edward N. 3340. By Mr. WINTER: Petition against religious legisla­ McCarty; and tion by residents of Greybull, Wyo.; also of residents of Big­ S. 2187. An act authorizing the Comptroller General of the trails, Wyo., and of Powell and Garland, Wyo.; to the Com­ United States to consider and settle the claim of Mrs. John D. mittee on the District of Columbia. Hall, widow of the late CoL John D. Hall, United States Army, retired, for personal property destroyed in the earthquake at San Francisco, Calif. SENATE The message also announced that the House had passed the following bills and a joint resolution, in which it requested the SATURDAY, January 3, 19~5 concurrence of the Senate: (Legislative day of Friday, January 2, 1925} H. R. 917. An act for the relief of Ernest F. Church, formerly boatswain, United States Naval Reserve Force; The Senate met at 12 o'clock meridian, on the expiration o! H. R.1023. An act for the relief of John A. Douglas; the recess. · H. R.1415. An act for the relief of Josiah Frederick Dose; SENATOR FROM NEW MEXICO H. R. 1569. An act for the relief of Andrew A. Gieriet; The PRESIDENT pro tempore laid before the Senate the H. R. 1671. An act for the relief of Adaline White ; certification of the GO'Vernor of the State of New Mexico, H. R. 1691. An act for the relief of Charles F. Getchell; certifying to the eJection of SAM G. BRATTON as a Senator H. R. 1958. An act for theJelief of Frederick Sparks ; from that State for the term beginning on the 4tb day of H. R. 1962. An act for the relief of Thomas J. Gardner; March, 1025, which was read and ordered to be filed, as follows: H. n. 2016. An.act for the relief of William 1\I. Phillipson; THE STATE OF NEW MEXICO, H. R. 2105. An act for the relief of :Milton l\1. Fenner; EXECUTIVE D.flPARTME?i·T. H. R. 2258. An act for the relief of James J. McAllister; Po the PreBid~nt ana Members of the Senate of the United States: H. R. 2309. An act for th~ relief of Robert Laird, sr. ; This is to certify, that on the 4th day of November, A. D. 1924, H. R. 2419. An aet for the relief of Michael Curran; SAM G. BRATTON was duly chosen by the qualified electors of the H. R. 2421. An act for the relief of Matthew Thomas ; State of New Mexico a Senator from said State to represent said H. R. 2756. An act for the relief of Thomru:; H. Burgess ; State in the Senate of the United States for a term of six years H. R. 2958. An act for the relief of Isaac J. Reese ; beginning on the 4th day of :March, A. D. 1925. H. R. 3132. An act for the relief of the William J. Oliver Witness his excellency our governor, James F. Hinkle, and our seal Manufa.ctirring Co. and William J. Oli-ver, of Knoxville, Tenn.; hereto affixed at Santa Fe. N. Mex:., this the 17th day of December, H. R. 3556. An act for the relief of Herman R. Woltman ; in the year of our Lord 1924. H. R. 429-L An act for the relief of Casimira Mendoza ; J. F. HINKLE, Governor. H. R. 4610. An act for the relief of .the estate of Filer Mc­ By tb~ Governor : Cloud; [SEAL.] SOLEDAD C. CHACON, H. R. 4896. An act for the relief of John H. Cowley ; Seoretaru ot State.. JI. R. 4904. An act for the relief of Jesse P. Brown;