.1698 CONGRESSIONAL RECORD-HOUSE._ ~~ JANUARY 29, ,
~'alter I. Lillie, of Michigan, to be collector of customs for MUi"NESOTA. the district of Michigan, in the State of Michigan. Frederick A. McVicar to be postmaster at Grand Rupids, in APPOINTMENTS IN PORTO RICO PROVISIONAL REGIMENT OF INFANTRY. the county of Itasca and State of :Minnesota. To be second lietttenants with rank from Jamwry 17, 1906. MISSOURI. Felix Emmanuelli, of Porto Rico. Emory H. Brant to be postmaster at Maysville, in the county Daniel Rodriguez, of Porto Rico. of Dekalb and State of Missouri. Arthur W. Brewster to be postmaster at St. Joseph, in the GOVERNOR-GENERAL OF THE PHILIPPINES. county of Buchanan and State of Missouri. Henry Clay Ide, of Vermont, to be governor-general of the Thomas Francis to be postmaster at Bevier, in the county of Philippine Islands, provided for in the act of Congress 'approved Macon and State of :Mi ouri. July 1, 1902, entitled "An act temporarily to provide for the· Ezekiel A. Sample to be postmaster at Fredericktown, in the administration of affairs of civil government in the Philippines, county of Madison and State of Missouri. and for other purposes," as amended by the act of Congress William M. Tygart to be postmaster as South S~. Joseph, in approved February 6, 1905. the county of Buchanan and State of Missouri. VICE-GOVERNOR OF THE PHILIPPINES. John T. Wagoner to be postmaster at Odessa, in the county, of Lafayette and State of .Missouri. James F. Smith, of California, to be vice-governor of the Phil ippine Islands, provided for in the act of Congress approved NEW .TERSEY. July 1, 1902, entitled "An act temporarily to provide for the Robinson J. M. Chase to be postmaster at Nutley, in the administration of affairs of civil government in the Philippines, county of Essex and State of New Jersey. and for other purposes," as amended by the act of Congress 1\'"EW YORK. approved February 6, 1905. Edward J. Lewis to be postmaster at Saugerties, in the county of Ulster and State of New York. · PROMOTIONS IN THE ARMY. OHIO. Col. Frank Thorp, Artillery Corps, to be placed on the retired Plympton S. Lybarger to be postmaster at Shelby, in the list of the Army with the rank of brigadier~general from the date upon which he shall be retired from active service. county of Richland and State of Ohio. TE::s-::s-ESSEE. Oavalry Arm. William Spellings to be postmaster at McKenzie, in the county Second Lieut. Daniel D. Gregory, First .Ca.valry, to be :first of Carroll and State of Tennessee. · · lieutenant from J anuary 18, 1906. TEXAS. . Second Lieut. Allen C. Keyes, Fourteenth Cavalry, to be first D. R. Emerson to be postmaster at Marlin, in the county of' lieutenant from December 5, 1905. Falls and State of Te..'ras. Second Lieut. John A. Pearson, Eleventh Cavalry, to be first John J. Stevens to be postmaster at San .Alitonio, in the lieutenant from December 28, 1905. county of Bexar and State of Texas. .At·tillery OortJS. WISCO::s-SIN. Second Lieut. Gordon Robinson, Artillery Corps, to be first E. Darwin Sperry to be postmaster at Phillips, in the county lieutenant from January' 1~ 1906. · of Price and State of Wisconsin. · PROMOTION IN THE NAVY. William B. Tscharner to be postmaster at La Crosse, in the county of La Crosse and State of Wisconsin. Lieut. Commander Roy C. Smith to be a commander in the Navy from the 22d day of January, 1906. WYOMI "G. Joseph Iredale to be postmaster at Rock Springs, in the POSTMASTERS. county of Sweetwater and State of Wyoming. ALABAM:A. William T. Hutchens to be postmaster at Huntsville, in the county of Madison and State of Alabama. HOUSE OF REPRESENTATIVES. CALIFORNIA. Walter H. Metcalf to be postmaster at Sawtelle, ln the ~ioNDAY, January 29,1906. county of Los Angeles and State of Californla. The House met at 12 o'clock m. - Thomas H. Selvage to be postmaster at Eureka, in the county Prayer by the Chaplain, Rev. HENRY N. CoUDEN, D. D. of Humboldt and State of California. The Journal of the proceedings of Saturday, January 27, CONNECTICUT. 1900, was read and approT"ed. Edwin W. S. Pickett to be postmaster at Fairfield,. in the REPBESE- TATIVE MITCHALEK. county of Fairfield and State of Connecticut. Mr. · YOUNG. Mr. Speaker, I present tlle following PriVI . FLORIDA.. leged resolution and report from the Committee on Elections John :McDougall to be postmaster at Tallahassee, in the No. 1, which I send to the desk and ask to have read. county of Leon and State of_Florida. I The Clerk read the repoi;t, as foJlows : IDAHO. The Committee on Elections No. 1, to whom was referred the pro test o1 citizens of the Fifth Congressional district of Illinois, ag-ainst the Hugh Cramer to be postmaster at Hailey, m the county of right of Hon. ANTHOYY 1\IrcHA.LEK, elected as n. Member of the House Blaine and State of Idaho. ot Representatives from that district to the Fifty-ninth Congress, to a ILLINOIS. seat in the House, on tbe ground that be was not at the time he was elected a citizen of the United Stutes, be~ leave to report and recom James R. Smith to be postmaster at Taylorville, in the county mend the passage of the following resolution: of Christian and State of Illinois. "Whereas there is now pending before the House of Representatives a protest alleging that the lion. ANTHONY MICHALEK was not at the time I::s"DIANA. of his election as a Member of this House, and is not now, a citizen Sherman L. Kea~h to be postmaster at Bedford, in the county of the United States and therefore is disqualified to be or remain a of Lawrence and State of Indiana. Member of this House, which protest has been referred to the Com mittee on Elections No. 1, for investigation : Therefore Martin V. Starr to be postmaster at Goshen~ in the county of ''Resolved by the Hou,se of Representatives, That said committee be Elkhart and State of Indiana. ~mpowered to take such testimony as it deems necessary to a deter George D. Taylor to be postmaster at Worthington, in the mination of said matter, either before said committee or before a sub- , committee thereof or a member of said Committee on ~ Elections No. 1 county of Greene and State of Indiana. appointed therefor or any other person selected by said committee for MAI!\TE. such purpose, and that the time, place, and manner of taking, certify ing, and returning said testimony be determined by said committee Marcellus L. Hussey to be postmaster at Guilford, in the and that the expenses incurred in taking sill.d testimony be paid from county of Piscataquis and State of Maine. the contingent fund of the House upon the order <>f said Committee MARYLAND. on Elections No. 1." Harry A. Carroll to be postmaster at Havre de Grace, in the The SPEAKER. The question is on agreeing to the !-'esolu county of Harford and State of Maryland. tion. Asa Hepner to be postmaster at Sykesville, in the county of The question was taken ; and the resolution was :rgreed to. Carroll and State of Maryland. On motion of Mr. YouNG, a motion to reconsider the last -vote was laid on the table. MASSACHUSETTS. Charles L. Hammond to be postmaster at Quincy, in the BRIDGE ACROSS RED RIVER, LOUISIANA. county of Norfolk and State of Massachusetts. :Mr. WATKINS. Mr. Speaker, I ask unanimous consent for Edgar J. Whelpley to be postmaster at Salem, in the county the present consideration of the bill (H. R. 12314) to amend an of Essex and State of Massachusetts. act approved February 3, 1905, authorizing the construction ' of .,----- .
1906. CONGRESSIONAL ·R:EC0RD-·HOUSE. 1699
a bridge across Red River at Shreveport, La., which I send to unanimous consent for the present consideration of the bill the the desk and ask to have read. title of which the Clerk will report The Clerk read as follows : The Clerk read as follows : Be it enacted, etc., That an act of Congress approved February 3, An act (S. 312) to extend the time for the completion of a bridge 1905, entitled "An act to authorize the construction of a bridge across across the Missouri River at Yankton, S. Dak. Red River at Shreveport, La.," be, and is hereby, revived and reenacted. SEc. 2. That section 5 of said act is hereby amended to read as fol The SPEAKER. Is there objection? [After a pause.] The lows: Chair hears none, and the Clerk will read the bill. " SEC. 5. That this act shall be null and void if actual construction The bill was read, as follows : of the bridge herein authorized be not commenced within one year and completed within three years from February 3, 1906." Be it enacted, etc., That section 6 of the act approved March 9, 1904, authorizing the Yankton, Norfolk and Southern Railway Company to With the following amendments: construct a combined railroad, wagon, and foot-passenger bridge across In line 3 strike out the word " an " and insert in lieu thereof the the Missouri River at or near the city of Yankton, S. Dak., as amended words " section 5 of the." by the act approved January 27, 1905, be, and is hereby, amended by In line 6 strike out the words "revived and reenacted." extending the time for commencing the construction of said bridge to In line 7 strike out the words " SEc. 2. That section 5 of said act Is March 9, 1907, and by extending the time for completing said bridge to hereby." March 9, 1909. The SPEAKER. Is there objection? Mr. SULZER. 1\fr. Spe.aker, I wish to ask the gentleman if 1\fr. SHEPPARD. 1\fr. Speaker, I understand that this bill this bill has been approved by the War Department? . in no way interferes with navigation. Mr. BURKE of South Dakota. It has, and• it only provides · 1\fr. WATKINS. No, Mr. Speaker; and the objection urged for the extension of time within which to commence the building on Saturday, when this bill was brought up by me, by the of the bridge. gentleman from Texas [1\!r. RANDELL] has been withdrawn, and Mr. SULZER. Then I have no objection. formal notice of that withdrawal has been given. ~'he bill was ordered to be read a third time; and it was read The SPEAKER. The Ohair hears no objection. The ques the third time, and passed. tion is on agreeing to the amendments. On motion of Mr. BuRKE of South Dakota, a motion to recon The question was taken; and the amendments were agreed to. sider the last vote was laid on the table. The SPEAKER. The question now is on the engrossment AUTHORIZING WINNEPEG, YANKTON AND GULF RAILROAD TO CON· and third reading of the bill as amended. STBUCT BRIDGE ACROSS MISSOURI RIVER NEAB YANKTON, S.DAK. The bill was ordered to oe engrossed and read a third time, read the 'third time, and passed. Mr. BURKE of South Dakota. Mr. Speaker, I ask unanimous On motion of 1\fr. WATKINS, a motion to reconsider the last consent for the present consideration of the bill S. 979. vote was laid on the table. The SPEAKER. The gentleman from South Dakota asks unanimous consent for the present consideration of the bill the WILLIAM A. HILDRETH. title of which the Clerk will report. , Mr. SULLOWAY. Mr. Speaker, I ask unanimous consent for The Clerk read as follows : the present consideration of the following request, which I send An act (S. 979) to amend an act entitled "An· act to authorize the to the desk and ask to have read. Winnipeg, Yankton and Gulf Railroad Company to construct a com • The Oterk read as follows : bined railroad, wagon, and foot-passenger bridge across the Missouri On Saturday last I presented a resolution relative to a bill (H. R. River at or near the city. of Yankton, S. Dak. 1330) granting an increase of pension to William A. Hildreth. The The SPEAKER. Is there objection? [After a pa·use.] The beneficiary in this case is dead, and the bill, as I understood it, had been signed by the Speaker of the House and the Vice-President. I Chair hears none, and the Clerk will read the bill. now-understand that the blll has not been signed, and I ask unanimo,ts The bill was read at length. consent that the vote on the resolution offered by me on Saturday last The bill was ordered to be read the third time ; and it was read be rescinded. • the third time, and passed. The SPEAKER. Without objection, the request will be On motion of .Mr. BURKE of South Dakota, a motion to recon granted. sider the last vote was laid on the table. There was no objection. INFORMATION FROM INTERSTATE COMMERCE COMMISSION IN BEGABD BRIDGE ACROSS WATER BETWEEN END OF CEDAB POINT AND DAUPHIN TO FREIGHT BATES. ISLAND. Mr. STEPHENS of Texas. Mr. Speaker, I ask unanimous Mr. TAYLOR of Alabama. Mr. Speaker, I ask unanimous consent for the present consideration of the resolution which I · consent for the present consideration of the bill (S. 1747) to send to the Clerk's desk. authorize the Mobile Railway and Dock Company to construct The SPEAKER. The gentleman from Texas asks unanimous and maintain a bridge or viaduct across the water between the consent for the present consideration of a resolution which the end of Cedar Point and Dauphin Island, which I send to the Clerk will report. desk and ask to have read. The Clerk read the bill at length, with the following amend The Clerk read as follows :- ment: House resolution No. 131. Whereas the Cattle Raisers' Association of Texas in 1905, in their On page 3, in line 23, strike out the words " and change" and insert annual convention at Fort Worth, Tex., declared that the railroad com in lieu thereof the words "or remove." panies carrying their live stock to the Kansas City, St. Louis, Chicago, The SPEAKER. Is there objection? and other markets had recently increased their freight rates to exorbi Mr. SULZER. Mr. Speaker, I wish to ask the gentleman from tant figures, and that these advances amount to more than $1,000,000 per year to the live-stock ili.dustries of the State, over and above what 'Alabama if this bill has been approved by the War Departm~nt? the rates were and had been for a considerable period of time previous Mr. TAYLOR of Alabama. :Mr. Speaker, it has been approved to the advances made, and the higher rates charged are for a poorer by the War Department, passed in the Senate, referred to and service than were the lower rates ; and Whereas said cattle raisers in said association further charged that considered by the committee in the House, and approved by the the said live-stock rates are in excess by from 20 to 30 per cent of the committee, and again approved by the War Department, unani live-stock rates charged to and from similarly situated territory in the mously. Northwest for similar service under similar conditions, and that in that particulat· there is an unjust discrimination against the live-stock busi 1\Ir. SULZER. I guess it is all right ness in this State: Therefore, be it The SPEAKER. The Ohair hears no objection. The question Resolved, That the Interstate Commerce Commission be, and it is is on the amendment. hereby, directed to transmit to this House for its guidance the follow ing information, if not inconsistent with the public interests, namely : The question was taken ; and the amendment was agreed to. First. What increases, if any, in railroad freight rates on live stock The SPID.AKER. The question now is on the third reading of shipped to market from Texas have been made in the year 1905 over the bill ns amended. previous years, and what railroads, if any, have made such increased rates. The bill was ordered to be read a third time; and it was read Second. What increases in freight rates, if any, have been made in the third time, and passed. said year over prior years on other important commodities shipped to or On motion of Mr. TAYLOR of Alabama, a motion to reconsider from the State of Texas. Third. Whether the freight rates now charged on live stock shipped the last vote was laid on the table. to market from Texas are in excess of live-stock rates charged to and MESSA.GE FROM THE PRESIDENT OF THE UNITED STATES. from similarly situated and distant territory in the Northwest, for sim ilar service, under similar conditions ; and if there now is existing any Sundry messages, in writing, from the President of the United unjust discrimination in freight rates against live-stock business of the State of Texas; and if so, to what extent the State of Texas is dis States were communicated to the House of Representatives by criminated against in the shipment of live stock. Mr. BARNES, one of his secretaries. Fourth. Whether the State of Texas is discriminated against in the BRIDGE ACROSS MISSOURI RIVER AT YANKTON, S. DAK. shipment of any commodities other than live stock, under the conditions mentioned in the above interrogatory No. 3; and if so, to what extent Mr. BURKE of South Dakota. Mr. Speaker, I ask unanimo'us it is so discriminated against. ' consent for the present consideration of the bill S. 312. The SPEAKER. Is there objection? The SPEAKER. The gentleman from South Dakota asks Mr. PAYNE. Mr. Speaker, reserving the right to object, I .1700 CONGRESSIONA~ RECORD-HOUSE. JANUARY 2 , would like to ask if this resolution was reported by any com charge of $2 per car for the delivery of live stock at the Union Stock Yards. Before that no charge was made for such delivery. On Sep mittee? tember 1, 1896, the Cattle Raisers' Association complained to the Com 1\fr. STEPHENS of Texas. It was submitted to the Inter mission, alleging the unlawfulness of this terminal charge, a.nd on state and Foreign Commerce Committee and ordered to be March 10, 1897, the Chicago Live Stock Exchange intervened in sup port of the complaint. Under the complaint and inteL"Vening petition printed on January 8, 1906. I will state to the gentleman when this tet·minal charge as applied to all live-stock shipments delivered I di·afted the resolution I supposed it would be a privileged at the nion Stock Yarus. by the defendants was challenged. resolution, simply asking for information, but it seems that in After investigation the Commission decided that the charge was un reasonable to the amount of 1 per car, and stated that an order the Speaker's opinion it is not a privileged resolution, inasmuch would be made requiring the carriers to cease and desist from continu as it was directed to the Interstate Commerce Commission, ing to impose the charge of $2. Subsequently the carriers filed a which is not tile head of a Department. I hope, however, the motion for rehearing, which, after further argument, was denied in a separate report and opinion. Thereupon an order was made pursuant gentleman from New York will have no objection to it, because to the original opinion, the question of reparation being reserved for the infot·matlon is now in the possession of the Interstate Com future consideration. The defendants. having refused to obey the merce Commi ion. order, legal proceedings were instituted for its enforcement, which finally resulted in the affirmance by the Supreme Court of the United Mr. PAYNE. I will state to the gentleman I have not any States of the. decree o!. the. circuit court dismissing the petition of the objection to the general object of the inquiry, but it seems to. Commission, but with a qualification. . me that the re olution and the whereases in the preamble are The Supreme Court held that the Commission was right in its con clusion that the expense of delivery had been previously included in very elaborate and call for a very extensive inquiry, and would the through rate, and that the defendants were not justified in impos be quite ext~nsive, and if the re olution went to the committee ing the additional charge of $2 when the expense to them bad only they might report an amendment which might go more directly been increased by 1, and therefore the entire ~·ate which the shipper was compelled to pay was $1 too high ; but inasmuch as the rates to the point de ired by the gentleman. from certain territory bad' been reduced by an amount much greater Mr. STEPHENS of Texas. Mr. Speaker, I desire to state to than the addition made by the terminal charge, the court was of the the gentJ~man that there are only four questions asked in these opinion that the rate was ·still favorable to the shipper, and since the report of the Commission left it doubtful whether this reduction from resoluti0ns. The first is as to whether freight rates have been that particular territory, which amounted to 5 cents, applied to aU the increased on the shipment of live stock from Texas to points on territory in question, or, if it applied to a part only, did not definitely the .Mi souri River and Chicago. The second is whether recent define that part, the court could not enforce the order of the Commis sion as made, but was compelled to affir·m the decree of the circuit increases of freight rates have been made in other commodities court declining to enforce the order. Tb.e Supreme Court stated, how shipped to or from Texas over the same lines of railroads. The ever, in concluding its opinion that its decision and consequent decree third is as to whether or not the same rate of freight is charged were to be without prejudice to the right of the Commission to sub sequently pwceed with respect to any territory to which the reductions for the same distance of miles from Texas to those markets did not apply. as are charged to freights coming from the Northwest and In Feb1·ua.ry, 1903, the Cattle Raisers' Association of Texas and the other points outside of Texas. There is no complication about Chicago Live Stock Exchange filed a petition asking permission to proceed with the matter of reparation, and also to reopen the case, this resolution. I will state to the gentleman from New York with a view to defining the territory to which the reductiOn of 5 cents [l\fr. PAYNE] that in the Interstate Commerce Committee's re did not apply and making an order in r espect to that territory. This port, made to Congre s of date December 14, 1905, that this ques petition was granted, and the defendants were notified to file such answers in the p-vemises as they might desil·e. The defendants, in tion of 'l'exas freight rates is dealt with, and this is the way stead of answering, filed a motiop. to vacate the order of the Commis it is submitted by that committee: On page 18 of that report I sion to proceed with the matter of reparation and to reopen the ca. e. find the following under the heading of .. Hearings and inves Thereupon the Commi sion rendered another decision, and held that the matter of reparation was not connected with nor controlled by tigations," viz: the order to cease and desist. and that in it original deci ion the· Seventy-nine hearings and Investigations of alleged violations of the Commission had expressly reserved the subject of reparation for act to regulate commerce have been had at gene-ral sessions of the com further conside~·ation ~ and that while a decision upon the order to mittee in its office in Washington, D. C., and at special sessions held desist might be of such a character as to nee sarily control the award in Chicago, etc. ing of reparation, it was in no sense an adjudication of that subject. It was therefore ,held that the Commission might properly proceed Among these seventy-nine I find these : with that branch of the case. Advance in rates on live stock to points in Texas:. New Mexico, Okla The. ommission also held, with respect to the order to cease and homa, Colorado, and Kansas to Kansas City, St. Joseph. South: Omaha, desist, that all territory over which the reduction of 1896 applied to St. Louis, Chicago, Fort Worth, New Orleans, Denver, and Pueblo. the original case was ended and no further steps could be had, but Terminal charge on live stock at Union Stock Yards, Chic2.g.o, IlL that it was still open to the Commission to inquire what that terri tory was and to proceed with respect to territory not embraced in those 1\lr. Speaker, the Comrni ion investigated these charges, or limits to correct the unreasonable rates produced by the exaction of alleged violations, and made the following decision thereon:. this ' 2 cbar~e. The decisiOn last rendered in this case shows that the matter of THE CATTLE.·RATE CASE. reparation was further held ill abeyance, and that the only branch A case relating to the reasonableness of rates and involving very of the case for determination was that relating to an order for the large interests is that of the ·cattle Raisers' Association of Texas v . future. This involved two questions of fact: First. To what terri The hli sou:ri, Kansa and Texas Railway Company et al. (11 I. C. C. tory did the reduction of 5 cents in Octouer, 1&96, apply? econd. Rep., .:!96) , in which the ft.ttle Raisers' A soeiation of Texas appeared As to the remaining territory bad the rates to Chicago become so as complainant. Its members are engage
The SPEAKER. . The Chair would state that the resolution The SPEAKER. The Chair thinks. it well to find out" where has been agreed to, and still the gentleman can move to recon we are at." sider, and the Chair regards all that is now being said as by Mr. DALZELL. I want to say that the motion I now make unanimous consent. Rule XXII is as follows : is wholly irrespective of the nierits. I think it is a very impor- ' All resolutions of inquiry addressed to the heads of Executive De tant principle as to whether you can make resolutions privi partments shall be reported to the House within one week after pres- leged which are not otherwise privileged by addressing them entation. . ~ to the President of the United States. · · Mr. DALZELL. Now, Mr. Speaker, the-President is not the The SPEAKER. The Chair is correct. The resolution has head of a Department within the meaning of that rule. But, been agreed to. The notes of the Official Reporter show that in the second place, if that information ought to be had by rea to be the fact. son of an inquiry addressed to the Interstate Comnierce Com - 1\Ir. DALZELL. Then I move to reconsider. mission, and it is sought to evade the rule because that is not The SPEAKER. The gentleman from Pennsylvania moves an Executive Department, then this resolution can not be made to reconsider the vote. privileged by addressing it to the President of the United Stc'ltes. Mr. GILLESPIE. I move to lay that motion on the table. . The SPEAKER. The Chair does not know that he ought to· The SPEAKER. The gentleman from Pennsylvania move~ rule on a subject not before the House, but if before the House to reconsider the vote by which the resolution was agreed to," the Chair would be prepared to rule; and perhaps by unanimous and the gentlepJan from Texas [Mr. GILLESPIE] moves to lay. consent the Chair may be indulged in an informal -expression of that motion on the table. opinion, which he might not possibly be bound by, as to whether The question being taken, the Speaker announced that the the President is the head of the Executive Departments. Now, ayes appeared to have it. it seems to the Chair, under a fair construction of this rule, that Mr. DALZELL. Division! the President is the head not only of one, but all the Executive The House divided; and there were-ayes 76, noes 98. Department . The Chair only intimates what be would hold as Mr. GILLESPIE. The yeas and nays, Mr. Speaker. at present advised if the question were before the House. The yeas and nays were ordered. Mr. HEPBURN. That resolution and the preceding one were The Clerk began to call the roll. referred to the Committee on Interstate and Foreign Commerce. Mr. GROSVENOR. 1\fr. Speaker, none of us knows what Mr. MANN. I ask for order, Mr. Speaker. this vote is. 1\Ir. HEPBURN. Neither of these resolutions have been con The SPEAKER. The Chair will, by unanimous consent, state sidered by the committee. It has been engaged upon public that the resolution was agreed to and the gentleman from Perin-, matters, I might say, perhaps, of superior importance, and the sylvania (1\fr. DALZELL] moved to reconsider, and the gentleman chairman of that committee did not regard the matter as impor from Texas [1\fr. GILLESPIE] moved to lay that motion upon the tant-that is, in the sense of hurried action on the question. I table. Upon that motion the yeas and nays have been ordered, do not think that Rule XXII can anywhere be invoked in rela and the House is now voting. tion to that. One calls for information from the President of l\Ir. GROSVENOR. Mr. Speaker, I would suggest that there the United States, the other for information from the Interstate are very few 1\Iembers who are acquainted with the resolution. Commerce Commission. Rule XXII makes special certain reso 1\Ir. GILLESPIE. Regular order! lutions, under certain circumstances, that call for information The SPEAKER. That is the misfortune of gentlemen. 'l'be from the bead of a Department. The chairman of that commit regular order is demanded. The resolution is at tbe clesk. tee did not consider that these two resolutions, or either of them, The question was taken ; and there were-yeas 123, nays 92, were affected by that rule. I say that in justification of the answered" present" 7, not voting 163, as follows: nonaction of that committee. l\fr. MANN. .Mr. Speaker, I ask that that resolution may be YI!JAS-123. Bankhead Floyd La wrenee Sherley reported again. Bell, Ga. Fuller Lee Sims The SPEAKER. All this proceeds by unanimous consent, and Bennett, Ky. r Garner Lever Slayden without objection, the resolution will be again reported. B ishop Garrett Lewis Smith, Ill. The Clerk read the resolution. · Bowers Gill Lloyd Smith, Iowa Bowie Gillespie McNary Smith, Ky. .Mr. GILLESPIE. I call for the regular order, Mr. Speaker. Bmntley Graff Macon Smith, Tex. Mr. OLMSTED. If I may be permitted · a moment to call Broocks, Tex. Gregg Mann Smyser attention to an act of Congress defining what is an Executive Bt·ownlow Griggs Miller Southard Brundidge Grosvenor Moon, Tenn. Sparkman Department and what is the head of an Executive Depart Burgess Gudger Moore Spight ment-- Burleson Hamilton Mouser Stanley Bu m ett H eflin Mudd Stephens, Tex. Mr. GILLESPIE. Regular order, Mr. Speaker. Campbell, Ohio H enry, Tex. Mm·phy Sulzer Mr. DALZELL. I move to reconsider the vote by which the Candler llepburn Norris Talbott resolution was agreed to. Chapman Hinshaw Otjen Tawney Clark, Mo. Hogg Padgett Taylor, Ala. Mr. CLARK of Missouri. 1\fr. Speaker, I should like to Clayton Holliday Page •.ra ylor, Ohio inquire if the gentle:rp.an from Pennsylvania voted on the right Cockran Hopkins Randell, Tex. Thomas, N.C. side so that under the rule he is entitled to make that motion. Cole H oward Ransdell, La. Towne The SPEAKER. -There was no record of the vote. Cooper, Pa. Hunt Reeder Tt·imlJi e Coopet·, Wis. .James Richardson, Ala. Underwood Mr. MANN. 1\Ir. Speaker, as I understand, the resolution Darragh .Johnson Richardson, Ky. Wallace has not been agreed to. Davis, Minn. .Jones, Va. Rixey Watkins The SPEAKER. The Chair is under the impression that it Davis, W. Va. Keliher Robertson, La. Webb De Armond Kinkaid Robinson, Ark. Weise was agreed to. Dixon, Ind. Kitchin, Claude Rucker Welborn Mr. l\IANN. The Speaker put the question as to whether the Edwards Kitchin, Wm. W. Russell Wiley, Ala. committee should be discharged, and said that the resolution E llerbe Lamb Ryan Williams · Field Landis, Cb.a.s. B Shackleford Wood, Mo. would then be before the House for amendment. I<'itzgerald Landis, Frederick Sheppard The SPEAKER. The Chair will have the notes of the Official NAYS-92. Reporter in a moment. Allen, Me. Deemer Hull Parsons 1\fr. GILLESPIE. The resolution bas been agreed to, Mr. Barchfeld Denby Humphrey, Wash. Payne Speaker. Bates Dovener .Jenkins Perkins The SPEAKER. The Chair is under that impression. The Birdsall Draper .Jones, Wash. Powers Bonynge Driscoll Keifer Rives Chair has sent for the reporter's notes of what was done and Bou tell Dwight Klepper Roberts will have them in a moment. Brick Ellis Knowland Samuel Mr. 1\f.ANN. Mr. Speaker, there seems to be a very unanimous Brown Esch Lacey Slemp Buckman Fassett Lafean Smith, Cal. expression of opinion in this part of the House that what the Burke, S. Da.k. Flack Lilley, Pa. Sm1th, Pa. Speaker did was to submit the amendment, and the amend Burleigh Fletcher Littlefield Southwick ment was agreed to, and then the gentleman from Pennsylvania Burton, Del. Foster, Ind. Loud Sterling Butler, Pa. French Loudenslager Stevens, Minn. [Mr. DALzELL] addressed the Speaker as to whether it was a Caldet·head Fulkerson Lovering Sulloway privileged resolution or not. Capron Gillett, Mass. McCall Thomas, Ohio The SPEAKER. One moment and we will have the report Cassel Gronna McKinley, Ill. Tirrell Chaney Hale Mahon Tyndall er's notes and there will be no doubt whatever about it. CutTier Hasldns Marshall Volstead .Mr. GILLESPIE. I have no desire to cut off discussion Cushman Hayes Needham Wachter as to the merits of the resolution· if, by unanimous consent, the Dale Henry, Conn. Nevin Wadsworth Dalzell Hill, Conn. Olcott Watson House wishes to indulge in such a discussion. I do not wish Davidson Hubbard Palmer Wlley, N. J. to do so. Dawson Hutr Park~r Young 1906. CONGRESSIONAL RECORD-HOUSE, ]703
.ANSWERED "PRESENT "-7. Mr. DUNWELL with Mr. _HUMPH.REYS of 1\fississipp-i. Ba-rtlett Gaines, Tenn. Morrel .Reid Mr. GARDNER of Massachusetts with Mr. KLINE. Crumpacker Gilbert, Ky. Olmsted Mr. GREENE of Massachusett with Mr. LAM.A.R -of Florida. NOT VOTING-163. Mr. llEDGE with l\fr. LESTER. Acheson Finley 'Knopf Pujo Mr. HuGHES with Mr. MAYNARD. .Adams, Pa. Flood Lamar Rainey · Adams, Wis. Fordney -Law ReynoJdB .Mr. KAHN with Mr. LINDSAY~ Adamson Foss Le Fevre t:thinock Mr. KENNEDY of Ohio with l\Ir. McLAIN. Aiken Foster, Vt. Legare Rhodes Mr. LITTAUER with Mr. SWANSON. .Alexander Fowler Lester Rodenberg Allen, N.J. Gaines., W.Va. Lilley, Conn. Rttppert . l\fr. l\lcCREARY of Pennsylvania with l\lr. RAINEY. Ames Garber Lindsay Schneebeli Mr. VREELAND with Mr. SMITH -of l\faryland. Andms Gardner, Mass. Littauer Scott Mr. VAN WINKDE with Mr. SouTHALL. Babcock Gardner, Mich. Little Scroo-.gy Bannon Gardner, N. J. Livingston Shartel On this vote : Bartholdt Gillett, Cal. Longworth Sherman l\Ir. TOWNSEND with .1\Ir_ FINLEY. Beall, Tex. Gilbert, Ind. Lorimer Sibley Mr. CRUMPACKER. Mr. Speaker, I voted "no." but on :re Bede Glass McCartll.y . Small Beidler Goebel Me leary, Minn. Smith, Md. flection I :find that I am paired with Mr. ZE.r on, who, if be were Bennet, N.Y. Goldfogle McCreary, Pa. Smith, Samuel W. her'e, would vote" aye." I wish to be reeorded as "present." Bingham Gottlden McDermott .Smith, 1Vm. .Alden Tile name of Mr. CRUMPACKER was called, and he answered Black!Jm·n Graham McGavin Snapp · A• present," as .above recorded. Bowersock Granger 'McKinlay~ Cal. Sou than Bradley Greene McKinney S-pei'ry .Mr. GAINES of Tennessee. Mr. Speaker, I desire to know if Brooks, Colo. Hardwick McLachlan Stafl''Ord Mr. LoN{} WORTH bas voted? Brou ard Haugen McLain St eene.~:son Burke, Pa. Hay McMorran Sullivan, Mass. The SPEAKER. IIe bas not. Burton, Ohio Hearst Madden Sullivan, N.Y. Mr. GAINES of Tennessee. I desire to withdraw my vote of Butler·, Tenn. Hedge Martin Swanson "aye," and answer "present." . Byrd Hermann Maymu.·d Townsend M Mr. Calder Higgins Meyer VanDuzer The name GAINES of T-ennessee was called, :and be an Campbell, Kans. Hill, Miss. Michalek Van Winkle swered "pre~nt," as abov-e recorded. Castor Hitt Minor Vreeland 1\Ir. BARTLETT. ~Ir. Speaker, I desire to know whether Clark, Fla Hoar Mondell Waldo l\Ir. SIBLEY bas voted? , Cocks Houston Moon, Pa. Wanger Conner Howell, N. J Mm·dock \Vebber i'he SPEAKER. The gentleman is not recorded. Cousins Howell, Utah. Ove~·street ·weeks Mr. BARTLETT. I d-esire to withdraw my vote in the CromeJ: Hughes Patterson, N. C Weems affirmative and answer "'present." Curtis Humphreys, Miss. Patter on, Pa. Wharton Davey, La. Kahn Patterson, S. C Williamson Mr. ALLEN of New Jersey. Mr. Speaker,. I desire to know Dawe Kennedy, Nebr. Patterson, Tenn. Wilson how I am recorded? Dickson, Ill. Kennedy, Ohio Pea.rre Wood,N. J. '.fhe SPEAKER. The gentleman is not recorded. Dixon. Mont. Ketcham Pollard Woody.ard D1·e e1· Kline · Pou Zeno~· Mr. ALLEN of New Jersey. I came j.nto the room on the Dunwell Knapp Prince second call just as my name was ·called by the Clerk. I did -The Clerk announced the following palrs: n-ot have time to answer before the next name was called. Far the session : The SPEAKER. It seems to the · Cllair that the gentleman l\1r. WANGER with Mr. ADAMSON. does not ·bring bimself withln the rule. · l\Ir. BRADLEY with Mr. GOULDEN. Mr. BUTLER of Pennsylvania. Mr. Speaker, I notice that l\Ir. SHERMAN with l\Ir. RUPPERT. I am paired with the gentleman from Louisiana, l\Ir. BRous l\h·. PATTERSON of Pennsylvania with Mr. PATTERSON .of Nm·th SA."RD. I was paired with him during Friday and Saturday Carolina. only. There is no authority whatever to pair me for to-day. Mr. .MOBBRIL with 1\fr. SULLIVAN of New York. '.fbe SPEAKER. The pair wil1 be canceled. Until further notice: · The result of the vote was announced as abov-e recorded. - l\fr. OLM-BTEB with l\Ir. FLOoD. REGULATION OF RAILR-QAD RATES. l\Ir. H:rrr with Mr. Il.ILL of Mississippi. Mr. HEPBURN. .l\Ir. Speak-er, I .ask unanimous consent Mr. GRAHAM with l\I.r. VAN DUZEB. that the bill (H. R. 12987) to amend .an act entitled "An act l\lr. CnoMEB with Mr. PATTERSON of South Carolina. t-o regulate .commerce," approved February 4, 1887, and all 1\fr. CRUMPACKER with ~lr. ZENOR. 11cts amendatory thereof, and to enlarge the powers of the· Mr. CunTIS with Mr. LITTLE. Interstate .Commerce Commission, may be ma.de the special l\Ir. SCOTT with Mr. HARDWICK~ order ror to-morrow and continuing days until the final action For one week : of the House upon the bilL . Mr. KETcHAM with Mr. GA.BllER. Tile SPE.A.'KER. The gentleman from Iowa asks unnnimous Mr. WADSWORTH with 1\fr. BOWIE. consent that the bill H. R. 12987-the railroad rate bill-be Until Wednesday: made the special order for to-morrow and continuing from Mr. LILLEY of Connecticut with l\Ir. REID. day to day until completed. !Is there objection 't Until January 30: l\Ir. SHERLEY. 1\fr. Speaker, I would like to ask the gen Mr. SIBLEY · with Mr. BABTLE'IT. tleman whetl:ler there has been a sufficient print of that bill Until Monday and Tuesday : for l\Iembers to procure copies. I have been unable to get any. Mr. LoNGWORTH with Mr. GAINES ·of Tennessee. l\Ir. HEPBURN. I think. not, .and I intend later to ask for For this day: an additional print. Mr. GARDNER of ·Michigan with .Mr. GILBERT of Kentucky. l\lr. BARTLE'IT. I hope the gentleman from Iowa will do Mr. HraorN-s with Mr. MooN of Tennessee. that. Mr. OVERSTREET with l\Ir. LIVINGSTON . 1\lr. SHERLEY. I suggest that the gentleman in asking for .Mr. WM. ALDEN SMITH with Mt:. CLARK of Florida. that additional ·print provid-e that a certain number go to each 1\Ir. BABCOCK with l\Ir. BEALL of Texas. Member of the House, 'beeause as soon as they get into the Mr. KNA.P-P with Mr. PuJo. room they are gobbled up by a few people and Members who Mr. BINGHAM wjth Mr. RHINOCK. are really interested in the bill have no way of obtaining copies. Mr. BANNON with Mr. SMALL. Mr. HEPBURN. I shall ask that they be distributed through 1\fr. SAMUEL W. SMITH with Mr. BYRD. the folding room . .l\Ir. HowELL of New Jersey with Mr. McDER.MOTI. Mr. BARTLET'l'. I don't know bow many of the reports l\Ir. PEABBE ·with Mr. IlAY. have been p1·inted, but it might be well to have the reports dis l\1r. ..Aimnus with 1\Ir. SuLLIVAN of Massachusetts. tributed in the same way. Ir. WILSON of Illinois with Mr. LEGARE. l\fr. HEPBURN. I intend to include that in the same re Mr. FosTER of Vermont with Mr. Pou. quest. Mr. Foss with Mr. MEYER. The SPEAKER. The Chair will again state the request of 1\-!r. ADAMs of P-ennsylvania with Mr. DAVEY of Loulsian~ the gentleman from Iowa. The gentleman from Iowa asks 1\Ir. BARTHOLDT with l\fr. BROUSS.AED. unanimous com;ent that the bill H. R. 12987, the railroad rate 1\Ir. BEDE with Mt:. AIKEN. bill, beginning with to-morrow, be made a special Qrder for -con Mr. BowERSOCK with ?.Ir. BuTLER of Tennessee. sideration in the Committee of the Whole House on the state of Mr. CA.MPU.ELL .of Kausas with Mr. GoLDFOGLE. the Union., and from day to day thereafter until consideration Mr. CoNNER with Mr. GRANGER. of the bHI is concluded. Is there objection? 1\fr. CousiNs with Mr. HEA.BST. Ur. BARTLETT. Mr. Speaker. I desire to say that I trust 1\lr. CALDER with Mr. GLAss. that Tequest will be granted. \Ve bare both .sides, the majority 'Mr. DRESSEn with .Ml:. HOUSTON. an.d the minorlty. agreeing upon this very important measure, ,
1704 CONGRESSIONAL RECORD-HOUSE. and upon .it full debate will be givm I trust that rio objeetion any nunioer of differe.nt ·contractS with the Government, for the will be made by anybody. reason that it locks up a great deal of their capital, and the The SPEAKER. The Chair hears no objection, and it is so object of this bill is to reduce that amount. oi·dered. The bill was ordered to be engrossed for a third reading, and Mr. HEPBURN. Mr. Speal\:er, I ask- unanimous consent that it was re.ad the third time, and passed. the time for general debate be controlled equally by the gentle On motion of Mr. MoRRELL, a motion to reconsider the last man from Georgia, 1\Ir. ADAMSON, and myself. vote was laid on the table. 'l'he SPEAKER. The gentleman from Iowa asks unaniomus AMENDING DISTRICT CODE. consent that tile time for general debate of this measure be 1\fr. MORRELL. Mr. Speaker, I desire to call up the bill equally divided, to be controlled by the gentleman from Geor H. R. 120. gia, Mr. ADAMSON, and the gentleman from Iowa, Mr. HEPBURN. The SPEAKER. The Clerk will report the bill. Is there objection? The Clerk read as follows : 'l'here was no objection, and it was so ordered. A bill (H. R. 120) to amend section 7 of the Code of Law for the 1\Ir. HEPBURN. Mr. Speaker, I ask unanimous consent that. District of Columbia. 5,000 copie,s of the report, which contains the bill, be printed Be it enacted, etc., That section 7 of the Code of Law for the District for the use of the House, to be distributed through the folding of Columbia is hereby· amended by adding thereto the following: room. "Any justice of the peace may, on complaint under oath or actual view, issue warrants returnable to the police court against persons 1\Ir. MANN. Mr. Speaker, I suggest to the chairman of the accused of crimes and offenses committed in the District of Columbia, Committee on Interstate and Foreign Commerce that be alsJ and he shall make a record of his proceedings in every case in a book have 5,000 copies of the bill printed, which will be in bill form. to be kept for that purpose: Provided, That such wanants shall be issued to all persons applying therefor at all times, including Sundays It is true that the bill is in the report, put it is in fine print. and legal holidays, upon demand, free of charge." Mr. HEPBURN. Mr. Speaker, I shall ask that that also be The committee amendments were read, as follows : included in the request. In line 3 strike out the word "seven " and insert the word " nine." The SPEAKER. The gentleman from Iowa asks unanimous In line 5 insert after the word " may " the words " at any time, in consent that 5,000 copies of the bill and of the report be priritetl cluding Sundays and legal holidays." and distributed through the folding room. Is there objection? In line 10 strike out the colon and insert a period, also strike out all of the pToviso in lines 10, 11, and 12 a.nd insert in lieu thereof " Such [After a pause.] The Chair hears none, and it is so ordered. warrant shall be issued free of charge." CHANGE OF REFERENCE. The amendments were agreed. to. By unanimous consent, the Committee on Appropriations was The bill as amended was ordered to be engrossed_for a third discharged froJ;O . the further consideration of House Document reading ; was read the third time, and passed. No. 437, respecting typewriting machines for the postal service, The title was amended so as to read: "A bill to amend section and the same referred to the Committee on the Post-Office and 9 of the Code of Law for the District of Columbia." . Post-Roads. On motion of Mr. MORRELL, a motion to reconsider the last By unanimous consent, the Committee on Pensions was dis vote was laid on the table. charged from the further consideration of the bill ( S. 1258) FIRE ESCAPES IN CERTAIN BUILDINGS IN THE DISTRICT OF COLUMBIA. granting an increase of pension to Charles W. Paige, alias Mr. MORRELL. Mr. Speaker, I desire to call up the bill Jackson Morse, and the same referred to the Committee on H. R. 122. Invalid Pensions. The SPEAKER. The Clerk will report the bill. REPRINT OF BILLS. The Clerk read as follows : By unanimous consent, at the request of Mr. BATES, leave was A bill (H. R. 122) to require the erection of fire escapes in certain build granted for a reprint of the bill (H. R. 239) relating to liability ings in the District of Columbia, and for other purposes: of common carriers by railroads in the District of Columbi:+ Be it enacted, ·etc., '£hat it shall be the duty of the owner, lessee, oc and Territories and common carriers by railroads engaged in cupant, or person having possession, charge, or control of any build ing three or more stories in height, or over 30 feet in height, con commerce between the States and between the States and for structed or used or intended to be used as a tenement house, apartment eign nations to their employees. house, flat, hotel, office building, store, hospital, seminary, academy, At the request of Mr. THOMAS of North Carolina for a reprint school, college, institute, dormitory, asylum, sanitarium, hall, or place of amusement, to provide and cause to be erected and fixed to every of the bill (H. R. 254) declaring all persons or associations '>' such building, connecting with each floor above the first floor by easily persons, joint stock companies, corporations, or associations of accessible and unobstructed ope.nings, one or more suitable fire escapes, such companies or corporations, owning or operating or owning in such location and numbers and of such material, type, and construc tion as the Commissioners of the District of Columbia may determine. and operating private freight cars and refrigerator cars used in SEC. 2. That it shall be the duty of the owner, lessee, occupant, or interstate commerce to be common carriers and subject to the person having possession, charge, or control of any building already provisions of the act to regulate commerce approved February erected, or which may hereafter be erected, in which ten or more per sons are employed at the same time in any of the stories above the 4, 1887, and all acts amendatory thereof or supplemental thereto. second story, where there are not provided at least two stairways, each 3 or more feet wide and separated from each other by a distance of at DISTRICT OF COLUMBIA. least 30 feet, to provide and cause to be erected and affixed thereto a The SPEAKER. Under the rule to-day, Monday, is set aside sufficient number of the aforesaid fire escapes, the location and number of the same to be determined by the said Commissioners, and to l•eep for the consideration of bills relating to the District of Colum the hallways and stairways in every such building as is used and bia, and the Chair recognizes the gentleman from Pennsylvania, occupied at night properly lighted, to the satisfaction of the Commis Mr. MORRELL. sioners of the District of Columbia, from sunset to sunrise. SEC. 3. That it shall also be the duty of the owner, lessee, occupant, RETENTS ON CONTRACTS WITH THE DISTRICT OF COLUMBIA. or person having possession, chat·ge, or control of any building used or intended to be used as set.forth in section 1 of this act, or any building Mr. MORRELL. Mr. Speaker, in the absence of the chair in which ten or more persons are employed, as set forth in section 2 of man of the committee, the gentleman from Wisconsin [1\Ir. this act, to provine, install, and maintain therein proper and sufficient BABCOCK], who is ill and unable therefore to be here, I call up guide signs, guide lights, exit lights, ball and stairway lights, fire hose, and fire extinguishers, in such location and numbers and of such type first the bill (H. R. 125) regulating the retent on contracts with and character as the Commissioners of the District of Columbia may the District of Columbia, which I send to the desk and ask to determine. have read. SEC. 4. That the Commissioners of the District of Columbia are hereby authorized and directed to require any alterations or changes The Clerk reaq as follows : that may become necessary in ·buildings now or hereafter erected, in Be it enacted, etc., That on all contracts made by the District of order to properly locate or relocate fire escapes or to afford access to Columbia for construction work there shall be held a retent of 10 per fire escapes, and to require any changes or alterations in any uuildln.,. cent of the cost of such construction work as a guaranty fund to keep that may be necessary in order to provide for the .erection of additionai the work done under such contracts· in repair, and that the terms of fire escapes, when in the judgment of said Commissioners additional such contracts shall be strictly and faithfully performed. On con· fire escapes are necessary. . tracts for the construction of asphalt, tar, brick, cement, or stone pave SEc. 5. That on such buildings as the Commissioners of the District ments the retent shall be held for a term of five years from the date of Columbia may determine to be fireproof the requirements of this act of completion of the contract. On · contracts for the construction of as to fire escapes, guide signs, and alarm gongs may be waived, bridges and sewers the retent shall be held for a term of one year but when the face of a wall of any such fireproof building is within 30 from the date of completion of the contract. On contracts for the feet of a combustible building or structure, or when the side or sides, construction of buildiiigs, and other contracts for construction work, front, or rear of such building or stmcture faces within 30 feet of a the retent shall be held until the completion of the work. All retents combustible building or contains a light or air shaft or a similar recess for one year or more shall be deposited with the Treas-qrer of the within 30 feet of a combustible building, then each and every window United States as now required by law. · or opening in said wall or walls shall be protected from fire by auto SEc. 2. That all laws or parts of laws inconsistent with the provi matic iron shutters or wire glass in fireproof sash and frames. . Each fJions hereof are hereby repealed. elevator shaft and stairway extending to the basement of such buildings shall terminate ip a fireproof compartment or inclosure, separating the Mr. MORRELL. Mr. Speaker, in explanation of this bill I elevator shaft and stairs from other parts of the basement, and no will say that the present law of the District government com opening shall be made or maintained in such compartment or inclosure pels a retent of 10 per cent for five years on all contracts for unless the same be provided with self-closing fireproof doors. SEc. 6. That it shall be unlawful to obstruct any hall, passageway, public works, except on building and grading. This works a corridor, or stairway i.n any building mentioned in this act with bag great hardship upon small conh·actors, particularly if they have gage, trunks, furniture, cans, or fVith a.ny othe~ thing whatsoever. 1906. CONGRESSIONAL RECORD-HOUSE. ._1705
SEc. 7. That no door or window leading to any fire escape shall be trict of Columbia, any provisions or produce or commodities of any covered or obstructed by any fixed grating or barrier, and no person kind for a greater weight or measure than the true weight or measure shall at any time place any incumbrance or obstacle upon any fire thereof ; and all provisions, produce, or commodities of any -kind shall escape or upon any platform, ladder, or stairway leading to or from be weighed by scales, weights, or balances or measured in measures any fire escape. duly tested and sealed by the sealer or an assistant sealer of weights · SEc. 8. That no license shall be issued to any person to conduct any and measures: Provided, That berries, when offered for sale in an business for which a license is required in any building mentioned in original package or basket containing a standard measure may be this act until such building bas been provided · and equipped with a sold in said package or basket without the same having first been sufficient number of fire escapes and other appliances required by this tested and sealed, but in no case shall 'said basket be refilled for use act. in the sale of berries or produce of any kind whatsoever : And pro SEc. 9. That any person failing or neglecting to provide fire escapes, vided further, That-poultry and vegetables, usually sold by the head or alarm gon~s, guide signs, fire bose, fire extinguishers, or other appli bunch, may be offered for sale and sold in other manner than by ances reqmred by this act, after notice from the Commissioners of the weight or measure; but in all cases where the person intending to District of Columbia so to do, shall, upon conviction thereof, be pun purchase shall .so desire and r~quest, poultry shall be weighed as here ished by a fine of not less than $10 nor more than $100, and shall be mbefore prescribed: And provided further, That scales reported· not in punished by a further fine of $50 for each week that ·he fails to comply use shall be sealed down, and said seal shall not be broken except by with the notice aforesaid. Any person violating any other provision authority of the sealer of weights and measures." of this act shall be punished, upon conviction thereof, by a fine of not less than $10 nor more than $100 for each offense. The bill was ordered to be engrossed for a third reading· and SEc. 10. That the said notice requiring the erection of fire escapes it was read the third time, and passed. ' and othet· appliances mentioned in this act shall specify the character On motion of MoRRELL, a motion reconsider the last and number of fire escapes or other appliances to be provided, the loca Mr: to tion of the same, and the time within which said fire escapes or· other vote was laid on the table. appliances shall be provided, and in no case shall more than ninety days be allowed for compliance with said notice. SALE OF COAL AND COKE IN THE DISTRICT OF COLUMBIA. SEc. 11. That said notice shall be deemed to have been served if de Mr. MORRELL. Mr. _Speaker, I call up the bill H. R. 4470; livered to the person to be notified, or i! left with any adult person at the usual residence or place of business of the person to be notified in The SPEAKER. The Cl~~k will report the bill. the Distl·ict of Columbia, or i! no such residence or place of business The Clerk read as follo~s : can be found in said Distl'ict by reasonable search, if left with any adult person at the office of any agent of the person to be notified, pro A bill (H. R. 4470) to amend an act entitled "An act to provide for vided such agent has any authority or duty with reference to the build the appointment of a sealer and assistant sealer of weights and meas ing to which said notice relates, or if no such office can be found in ures in the District of Columbia, and for other purposes," approved said District by reasonable search if forwarded by registered mail to March 2, 1895. the last known address of the person to be notified and not returned Be it enacted, etc., That section 12 of the act entitled "An act to prO by the post-office authorities, or i! no address be known or can by rea vide for the appointment of a sealer and assistant sealer of weiahts sonable diligence be ascertained, or if any notice forwarded as author and measures in the District of Columbia, and for other purposes ,"" ap ized by the preceding clause of this section be returned by the post proved March 2, 1895, be, and the same is hereby, amended so 'as to office authorities, if published on ten consecutive days in a daily news read: paper published in the District of Columbia, or if by reason of a,n· out " SEc. 12. That no person shall sell, or deliver, any' coal or coke standing unrecorded transfer of title the name of the owner in fact within the limits of the District of Columbia unless at the tt'me of the can not be ascertained beyond a reasonable doubt, i! served on the delivety ~hereof to the person .in charge of the wagon, cart or other owner of record in the manner hereinbefore in this section provided. vehicle or conveyance used for and in the delivery thereof, a written or Any notice to a corporation shall, for the purposes of this act, be printed certificate duly signed by or tor the seller, showing separately deemed to have been served on such corporation i! served on the presi the actual weight o_f said coal, O!-" coke, and the name of the purchaser dent, secretary, treasurer, general manager, or any principal officer of thereof, and the w<-• ght ot the said wagon, cart, or other vehicle or con such corporation in the manner hereinbefore provided for the service veyance, and showing the total weight of said coal, coke, wagon cart of notices on naturar persons holding property in their own right ; and other vehicle, or conveyance. And any person who shall violate or neg~ notice to a foreign corporation shall, for the purposes of this act, be lect or refuse to comply with the provisions of this section shall be - ·deemed to have been served if served on any · agent · of such corpora punished by a fine of not more than $40 : Provided, That all prosecu tion personally, or if left with any person of suitable age and discretion tions under this act shall be brought in the police court of the District residmg at the usual residence or employed at the usual place of busi of Columbia on information filed by the corporation counsel or one of ness of such agent in the District of Columbia. his assistants." SEC. 12. That the supreme court of the District of Columbia, in term Tile _bill yvas ordered to be engrossed for a third reading ; time or in vacation, may, upon a petition .of the District of Columbia, filed by its said Commissioners, issue an injunction to restrain the use and it was read the third fu;ne, and passed. or occupation of any building in the District of Columbia in violation On motion of Mr. MoRRELL, a motion to reconsider the last of any of the provisions of this act. . SEc. 13. That all acts or parts of acts inconsistent herewith be, and vote was laid on the table. the same are hereby, repealed. LICENSE FEES FROM DEALERS IN INFLAMMABLE OILS, ETC. The committee amendments were read, as follows : Mr. MORRELL. Mr. Speaker, I desire now to call up the Page 1, line 5, strike out the word " or" where it appears before the word "over." bill H. R. 9757, but I find that this bill is not on the House Cal Page 3 strike out all beginnin9 with the word "That," in line 12, endar. I therefore would like unanimous consent for it to be down to and including the word ' each," in line 23, and insert before considered in the House as in Committee of the Whole House the word " elevator " the words "That each." Page 3, line 24, strike out the word " such " and insert in lieu on the state of the Union. thereof the word " the ; " _ also add, after the word " buildings," the The SPEAKIDR. The. Clerk will report the title of the bi'll. words "heretofore mentioned." The Clerk read as follows : Page 4, line 4, strike out the word "self-closing." Page 5, line 1, strike out the word " week " and insert in lieu A bill (H. R. 9757) ·to amend paragraph 34 of section 7 of an act thereof the word " day." entitled "An act making appropriations to provide for the expenses of Page 6, line 18, strike out the period after the word " Columbia " the government of the District of Columbia for the fiscal year ending and insert in lieu thereof a colon, and add the following : " Provided, June 30, 1903, and for other purposes," approved July 1, 1902. That in case of failure or refusal of the owner, lessee, occupant, ·or per Mr. PAYNE. Mr. Speaker, I would like to hear the act re~ son having possession; charge, or control of any building specified in this act to comply with the requirements of the notice provided for in ported. . section 10, then, and in that event, the · Commissioners are hereby em The SPEAKER. The Clerk will report the act. powered, and it is their duty, to cause such erection of fire escapes and The Clerk read as follows: other appliances mentioned in the notice provided for, and they are hereby authorized to assess the costs thereof as a tax against the build- Be it enacted, etc., That paragraph 34 of section 7 of the act of . ings on .which they are erected and the ground on which the same Congress approved July 1, 1902, entitled "An act making appropria stands, and to issue tax-lien certificates against such building and tions to provide for the expenses of the government of the Dtstrict of grounds for the amount of such assessments, 'bearing interest at the Columbia for the fiscal year ending June 30, 1903, and for other pur rate of 10 per cent per annum, which certificates may be turned poses,·: be, and the same is 1:!-ereby, amended by adding thereto the over by the Commissioners to the contractor for doing the work." followmg: - " Persons licensed to store or sell kerosene or oils of like grade, or The amendments were agreed to. · explosives of any kind. shall pay a license tax of $1 per annum for The bill as amended was ordered to be engrossed for a third each permit issued ; for storing or selling fireworks the license tax reading; and it was read the third time, ·and passed. shall be 50 cents per annum for each permit issued ; for storing or selling gasoline or oils of like grade the license tax shall be ~5 per On motion of Mr. MoRRELL, a motion to reconsider the last annum for each permit issued: Provided, That persons paying a license vote 'was laid on the table. ' tax as fuel hucksters shall not be required to pay an additional tax for storing or selling such ru·ticles." . · SALE -OF PROVISIONS, PRODUCE, AND COMMODIT:rES IN THE DISTRICT . OF COLUMBIA. The SPEAKER. The bill is on -the Union Calendar. The gentleman from Pennsylvania asks unanimous c_onsent that· it Mr. MORRELL. Mr. Speaker, I desire to call up the bill shall be considered in the House as in Committee of the Whole H. R. 4468. House on the state of the Union. Is there objection? [After a . The SPEAKER. The Clerk will report the bill. pause.] The Chair hears none. _ The Clerk read as follows : The bill was ordered to be engrossed for a third reading ; and A bill (H. R. 4468) to amend an act en-titled "An act to provide for the it was read the third time, and passed. apointment of a sealer and assistant sealer of weights and measures in the District of Coulmbia, and for other purposes," approved March On motion of Mr. MoRRELL, a motion to reconsider the last 2, 18!)5. vote was laid on the table. Be it enacted, etc., That section 10 of the aeit entitled "An act to provide for the appointment -of a sealer and assistant sealer of weights _PUBLIC HAY SCALES IN THE DISTRICT OF COLUMBIA. and measures in· the District of Columbia, and for other purposes," ap Mr. MORRELL. 1\lr. Speaker, I desire to call up the bill proved March 2, 1895, be, and the same is hereby, amended so as to read: ' .. · · · · H. R. 4469. "SEc._19. No person · s~all sell or offer for sale, anywhere in the Dis- The SPEAKER. The Clerk will report the bill. _ 1706 CONGRESSIONAL RECORD-HOUSE: J ANU.A.RY 29,
Tbe Clerk read as follows : their reasonS why they want it passed. Perhaps no one wants A bill (H. R. 4469) authorizing the Commissioners of the District of it passed. Columbia t o make regulations respecting the public hay scales. Mr. MORRELL. In view of the request, I will can upon the B e i-t enacted, etc., That the Commissioners of the District of Co gentleman who made the report on the bill, MI.:. WILEY of New lumbia be, and they are hereby, authorized and empowered to make Jersey. I will yield to the gentleman such time as be desires • such regulat ions as they may deem proper for the sale of the use of the public hay scales of the District of Columbia, and to place public or will give him the balance of my time. weighmasters in charge of such scales when deemed necessary and to Mr. CLARK of Missouri. Mr. Speaker, I would like "to make prescribe the f ees to be paid by the persons using .such scales to the a suggestion before this is begun, and that is that the gentleman said weighmasters for services rendered by them. from Penn ylvania shall yield the gentleman from Tenne see l\lr. STEPHENS of Texas. Mr. Speaker, I desire to ask [Mr. SIMs] half of his time, so he can distribute it as·he pleases. whether this is reported from the committee? Of course he need not do. so unless be desires. . Mr. MORRF.LL. Ye , .sir; and if the gentleman desires any Mr. MORRELL. I think that is but fair, 1\Ir. Speaker. I information on the subject I will request the gentleman who will yield to the gentleman one-half of my time. made the report [1\Ir. CA fPBELL of Kansas] to give it. The SPEAKER. One-half of the hour? Mr. STEPHENS of Texas. Is it a unanimous report? Mr. MORRELL. One-half of the hour. . l\fr. MORRELL. It w.as reported unanimously; yes. It is Mr. SIMS. I d-o not think it will take even half of that. · a bill that was recommended by the Commiisioners. They sent Mr. WILEY of New Jersey. Mr. Speaker, the object of this a letter in favor of it, and it was reported favorably by the bill has been fully set forth. The street at present has five committee unanimously. names, some of which are duplicated in other parts of the city .M:r. STEPHENS of Tex.:'l.S. I understand· that these scales be of Washington and once or twice in Georgetown. The old street long to the District of Columbia, do they not? named after this distinguished gentleman was changed, and at Mr. MORRELL. These are District scales. that time it was tactily Understood by the District Committee Mr. CAMPBELL of Kansas. Mr. Speaker, the purpose of this that another street should bear the name of Samson. This street bill is to enable the Commissioners to avoid what they think wbieh it is proposed to call Samson street comes in alphabet has been a combination of those who have bid for the use of ically with the arrangement in the District-that is~ being be these scales. The Commissioners regard it as a valuable privi tween S and T. At present Oregon avenue is not in harmony lege, and they want to avoid the combination that keeps down with that. Doctor Samson was the president of the Columbian the price at public auctions at which the weighing privilege is University for a series of years. He W?-S a distinguished man; a sold under an old law. They want, in the event that the privi man worthy to have a street named after bim. I have his record lege of these scales is not sold for sufficient, to put a man in here, and if any gentleman is interested I will read it, but if not
charge on their own account. 1 asked to do so, I will not :r~ad it. The report on tliis street is 1\Ir. STEPHENS of Texas. Does that prohibit the use of favored by the District Commissioners; it also passed the Dis private scales-that is, dealers doing their own weighing? · · trict Committee of the House. The gentleman from Tennessee Mr. CAMPBELL of Kansas. There are other regulations was not there at the time. · I will say probably he .would have governing that matter. opposed it had he been there. For these reasons I hope that the :Mr. STEPHENS of Texas. Does not the gentleman think it motion will prevail. . might inconvenience them to have to go to a distant part of the Mr. McCLEARY of Minnesota. Is it n~t the practice to re city? . serve the names of States for avenues that run obliquelY. .hfr. CAMPBELL of Kansas. This is to protect the public through the city? against false weights and measures. 1\fr. WILEY of New Jersey. I understand it is. . · :Mr. STEPHENS of •rexas. Would they not get that more 1\fr. SIMS. Mr. Speaker ahd gentlemen of the House, I think directly to have some one supervise the weights and· scales? I can explain in a very few moments my objection to the bill. Mr. C.A..MPBELL of Kansas. Such supervision is now pro We are asked here to change the names of Pierce place, Blake ,vided for in the law to which this is amendatory. The purpose street, Swan street, Cedar street or place, .and Oregon avenue all of this amendment is to protect the Commissioners against the to Samson street This is a question that inteTests all the peo combination of those who have charge of these scales. The ple of the District of Columbia. The people who live on these .weighing privilege is sold at auction annually, and the Com streets have their post-office addresses upon them, and they are missioners think it a valuable privilege and that it has been well known. We are asked to ch.ange th.e names of a.!1 these bringing too small an amount Now they want, in case the streets to the name of Samson street And for what purpose? amount bid is not in their opinion sufficient, to put a man in It is not to commemorate the name of Admiral Sampson, but charge of the scales on their own account and collect the usual George Whitefield Samson, who was president pf the Columbian fees that are charged. That is the purpose of this bill. College, now George Washington University, Washington, D. C., Mr. STEPHENS of Texas. Mr. Speaker, I have no objection. from 1859 to 1871. Mr. CAMPBELL of Kansas. :Mr. Speaker, I move the pas Now, the whole object and purpose of changing the names sage of the bill. of these streets is that the name of this deceased professor of · The bill was ordered to be engrossed and read a third time ; Columbian College may have his name given to some street in nnd it was read a third time, an.d passed. Washington City. Even the college itself lost its name. It NAMES OF STREETS. is shown by the bill itself it is now George Washington Uni versity. A young gentleman named Samson, grandson of this 1\lr. MORRELL. 1\Ir. Speaker, I desire to call up the bill professor, has been besieging the District Committee for four H. R. 7048. or five :years to get some street named after his grandfather in The SPE.AKER. The gentleman from Pennsylvania [Mr. this city. Three or four years ago we considered the matter MoRRELL] desires to call up bill H. R. 7048, whieh the Clerk will in a bill pending then before the House and finally changed the report. · name to Church street. Now, here is even Oregon avenue, th~ The Clerk read as follows : name of a State, to be wiped out in order to have that street ~bill (H. R. 7048) ch!Olging names of Pierce place, Blake street, Swann named Samson street. You see how this will work. If we street, Cedar street or place, and Oregon avenue, to Samson street. let this thing go through, every -school-teacher in Washington Be it enacted, etc., That from and after the passage of this act the may be besieging this House in order to have his name given to street passing tlll·ough squares Nos. 206, 191, 177, 152, and 132, lying between s .and T street , Fourteenth and Nineteenth streets, in the a street _ . District of Columbia, now known by the various names of Pierce place, Now, 1\Ir. Speaker, I think the policy pursued in the city of Blake street, Swann street, Cedar street or place, and Oregon avenu~, Washington has been a correct one, namely, that the great shall hereafter be known and designated throughout its entire length as " Samson street,'' in honor of the late George Whitefield Samson, avenues should be ·given the names of States and the streets president of the Columbian College (now the George Washingt'On Uni named after great national characters in all cases where the .versity), Washington, D. C., from 1859 to 1871. letters of the alpbabet are not used. The avenues are named Mr. McCLEARY of Minnesota. I understand that this pro after the States and the squ:lfeS and circles after great na vides one name in the place of many? tional characters. If it was a new street and bad no namE; it Mr. MORRELL. One name to the street the entire lenocrth. then wou1(1 have been a different matter. This nation has no Mr. SIMS. Mr. Speaker, I desire to be recognized in opposi end of great national cllaracters and we are making them every tion to the bill, and I would like to be recognized in my own day; and now it is moved to strike out fi-ve names and put in time, if possible. the name of Samson, a private individual, against whom I The SPEAKER. The gentleman from Pennsylvania has one have no fault, nor have I against the grandson endeavoring hour, and he can yield such portion of it as he. chooses. . to g~t his grandfather's name given to the street. But the idea Mr. MORRELL. · How much time does the gentleman require? of CoJ:!gt-ess getting down ~o this kind of b~siness iB. something Mr. SIMS. I do not think it will take much time, but I I" can not ·agree to. Why, I have not heard of a single indi would prefer that those in favor of the bill w-ould first pi·ese'nt vidu-al · who has lived on these streets that has asked for tbis 1906. CONGRESSIONAL· RECORD-HOUSE. 1.707 change to be made. There has not been any bearing before Samson," a former president of the college. If the change the committee. I have not beard a word said by anybody, ex suggested 'by the gentleman from Pennsylvania should be car cept this young man, and I do not condemn him for endeavoring ried out it would be a very meritorious amendment. I should to get the name of the street given to his deceased ancestor. much prefer to have it named after Admiral Sampson, because Mr. CAl\IPBELL of Kansas. Will the gentleman yield to a be was a great national character. I would not object to its question? being Schley street, because be is a great national character. Mr. SIMS. Certainly. I should not object to a sh·eet being named after any well Mr. CAMPBELL of Kansa·s. The gentleman from Tennes known national character. Why, Mr. Speaker, the day may see said there had been no bearings in this matter. I will come when we will want to name a street "Olmsted street," ask the gentleman if be doe·s not recall that this very question and what would we do if the space is all taken. [Laughter.] took up almost the entire time of the committee during a ses- I think I would be in favor of that. sion in the "last Congress? . Mr. OLMS'l'ED. Why not begin right now? [Laughter.] Mr. SIMS. Well, I was speaking of this bill. I do not re Mr. PALMER. Would you be willing to have this named member whether that bill embraced these same streets or not. Sims street? Mr. CAMPBELL of Kansas. I think they are exactly the Mr. SIMS. I should object to that, Mr. Speaker, for ·the same streets. reason I have given, that I think the streets of this city ought Mr. SIMS. But I will ask the gentleman about these bearings, to be named after great national characters. Why, the day if he will say whether it was the people who lived along these may come when we will want some street called Cannon street, streets that wanted the change of the names made? or Payne street, or Dalzell street, or Williams street, and we Mr. CAMPBELL of Kansas. I will not take up the gentle are going to take up all the space in naming the streets after man's time. I will answer that in my own time. I will say, private individuals, who, however good and virtuous they were, however, there were many there interested in the change of the are unknown to the people of the United States generally. I names of the street other than the young gentleman to whom the think we are going a great way to change the names of exist-: gentleman bas referred. _ ing streets and adopt new names for no better reason than bas Mr. SIMS. Were they people who lived on these streets who been given to the House. will be affected, or were they merely friends of this young man? Mr. "'Speaker, I reserve the balance of my time. Mr. CAMPBELL of Kansas. Well, my recollection is not very Mr. MORRELL. I yield two minutes to the gentleman from distinct, but I think there were many who said they were in New Jersey [Mr. WILEY] . terested in having a uniformity of names for the avenues and Mr. WILEY of New .Jersey. Mr. Speaker, my friend from streets. Tennessee [Mr. SIMS], I think, bas been a little misled in Mr. SIMS. Did they ask for this particular name, Samson? regard to 1\fr. Samson. Possibly be has been misled by the Mr. CAMPBELL of Kansas. I think they were not urging name, for be seems to have the gait of a gazer. The gentle any one particular name. man from Tenn~ssee speaks rather deprecatingly about l\fr. Mr. SIMS. Why, one of the names is Oregon avenue. That Samson as a school-teacher. Some of the Presidents of the is named after one of the great States. United States have been school-teachers, and I -consider it an Mr. . CAMPBELL of Kansas. For the reason, if the gentleman bon.ored profession. The gentleman says there have been no please, tllat avenues take the names of States, while sh·eets have papers from people living on the street. I bold in ·my band not been so named in this city. a few letters, one of them from J. W. Chapman, who says that Mr. SIMS. One of the streets to be changed and to lose its he is the largest owner on Pierce place and Blake street, and name is Oregon avenue, be favors giving a uniform name to the street; also from Mr. CAMPBELL of Kansas. Oregon avenue for the distance three other property holders on the same street, and they all of one block, between Seventeenth and Eighteenth. favor this change of name. This proposed name begins with Mr. SIMS. If you are going to change these names, why not S, and as it is between S and '1' streets it is therefore alpha extend Oregon avenue to cover all these? betically correct and is in conformity with the arrangements Mr. CAMPBELL of Kansas. Under the plat of this city this for street naming adopted by the Commissioners. The gen is not an avenue and could not be. It is a street. That is to tleman for whom we propose to name this street is distin say, avenues run diagonally, while the ·Streets run north and guished enough to make the proposed name a worthy honor. south and east and west. I hope the motion will prevail. l\Ir. SIMS. One of the names to be changed by this bill is l\Ir. MORRELL. l now yield ten minutes to the gentleman Oregon ayenue, to be changed to Samson street. Now, if it is from Kansas. necessary to name all these streets by one name, I would still l\Ir. CAMPBELL of Kansas. Mr. Speaker, I shall not ask insist" that it should be some great national character, and we tile attention of the Hon:3e for that length of time. The pur nave so many of them that are not commemorated on tlle map pose of changing the name of these streets is not to honor Mr. of Washington. Samson, but to give uniformity to the name of the street. As Mr. PAYNE. The gentleman speaks of naming five or six bas already been stated, for a distance of five blocks this street streets. Is it not in reality one continuous street with five or bas five separate and distinct names. Some of these names six names? ·· . are the same as those of other streets and alleys within the Mr. SIMS. That is correct, as I understand it, and if it is city. Here are a few of the duplicates that occur: Pierce desired that all these sh·eets under different names should have place, between Fourteenth and Sixteenth sh·eets NW. ; Pierce one name, as they are connected, I still fail to see why we street, .Anacostia; Pierce street NW., from North Capitol to should name the street Samson street, or why we should give it New Jersey avenue; Pierce Mill road, Rock Creek; Pierce the name of any other private individual, when· the nation's street, alley, from L to Pierce street; Swann street, between history is full of the names of great historical characters who Sixteenth and Seventeenth NW. ; Swan alley NW. ; - Cedar are not on the plat of the city of Washington. . If any gentle alley, from 1325 S to 1322 P; Cedar court SW., from 19 E man wants to amend this bill and put the name of some national street; Cedar road, from Spring street road; Cedar street character into it, I shall not have . any objection to that; but NW., from 1836 Thirteenth street and from Eighteenth sh·eet bow many more school professors or the relatives of deceased above s. professors will come here and ask to bave streets mimed after Now, Mr. Speaker, the hearings we had in the Fifty-eighth them? Why, I suppose it will not be very long-and it will be a Congress, as I remember it, disclosed the fact that all the pe:>ple very strong name to conjure with-before somebody will want wanted uniformity. Some wanted Samson street, some wanted a street named for Mr. Harry St. George Tucker, because be the entire street changed to Pierce, and some the name of a dis:. has been one of the. presidents of this institution. It would tinguisbed President given to the entire length. Some suggested be a splendid name, of a splendid man ; but are we going to set other names, but all were united in demanding that there be the precedent of wiping out the names we have and adopting the uniformity in the name of the street. The suggestion was made names of deceased private citizens, however virtuous or learned by the gentleman from Tennessee a moment ago that this street they may have been? We have a number of educational institu already contains the name of an avenue given to it for the State tions here. of Oregon. Now, that would be conh·ary to the purpose that Mr. OLMSTED. Mr. Speaker-- was llad when this city was laid out. The avenues run diag The SPEAKER pro tempore. Will the gentleman yield for a onally across the city. Oregon avenue is just one. block in question? length, runn.ing between Seventeenth and Eighteenth sh·eets, Mr. SIMS. Certainly. and to give " Oregon " as the name of this street covering but Mr. OLMSTED. Would the gentleman be willing to substi fiye blocks affected by this bill would not be in harmony with tute the name of Schley instead of Samson? tlle policy that bas heretofore been pursued with -regard to the · Mr. SIMS. If this was to be "Sampson," in commemoration namiug of the avenues after States. of the great admiral ; but the bill _itself says " George Whi~fie1d So that the name of SamsoJ?. or any other name that may be 1708 CONGRESSIONAL RECORD-HOUSE. JANUARY 29, substituted, other than Oregon, should be applied to this Mr. CAMPBELL of Kansas. Mr. Speaker, this House co'uld street. not add renown or fame to the name of Gen. Joseph Wbeeler to The committee has no pride in the matter so far as the name day by giving his name to a little street consisting of but five short is concerned. Any suitable name that will give unifJrmity is blocks in length in this city. His name needs no such trifling all that the committee asks. But they do ask that action be tribute at the hands of the H ouse of R epresetnatives. The had and that uniformity be given to these five blocks by giving name of Gen. Joseph Wheeler will live and pass on through the it one name. ages without being mentioned in connection with a street five Mr. PALMER. Would it not be belittling to the State of blocJ.a; in length in the city of Washington. Indeed, be needs no Oregon to gi"le that name to this short street only five blocks such monument. Why, sir, he needs neither marble nor bronze in length? to perpetuate his fame and memory, much less this action. The Mr. CAMPBELL of Kansas. I think it would. I do not adoption of this amendment could not add to his immortality think it would be fair to the State of Oregon to give it a name of in history. On the contrary, it would not be in keeping with a street only five blocks in length. the solemnity of his burial at this moment to drop such a Mr. PERKINS. Will the gentleman permit of an interruption? trifling tribute upon his grave. 1\Ir. C.AMPBELL of Kansas. Certainly. 1\Ir. MORRELL. Mr. Speaker, as a member of the District Mr. PERKINS. Does this street run through New Hamp Committee I have for some time been impressed with the fact shire avenue? that the present system of street extension in the Di trict of Mr. C.Al\IPBELL of Kansas. I think it does. It runs between Columbia is unequal and incongruous. Long before the dis S and T from Fourteenth to Nineteenth street NW. cussion of January 8, 1906, over the Kalorama a"lenue bill was 1\Ir. PERKINS. I do not want to interfere with the com precipitated upon the House I had begun an investigation not mittee, but if they are looking for a name, the house in which only of the system of the District, but of ·systems of other cities Admiral Sampson died is on the corner of that street and New of the United States. The motive which led me to do this was Hampshire avenue. that I might present a bill for a general law which would Mr. CAMPBELL of Kansas. That is not the same name. I remedy these incongruities and inequalities. will say to the gentleman from New York . that at the time of 1 now desire to present, as comprehensively as possible, the the hearings the name of Admiral Sampson was suggested. weaknesses of the present sy~tem and to outline the principles Mr. PERKINS. The horise in which Admiral Sampson lived upon which a general bill should be drawn. and died is on the corner of this street and New Hampshire The Washington system of street extension rests upon four avenue. distinct bodies of law. These are: Mr. OLMSTED. I would like to ask if the committee would 1. The general highway act of 1893. not accept an amendment to call this " Sampson place," spelling 2. A series of special street-extension acts. it with a "p." · 3. The Code of the District of Columbia. Mr. CAMPBELL of Kansas. I have no pride in the matter, 4. Provisions. of general appropriation bills. but ·the gentleman who reported the bill favors the name of I. The general highway act of 1893 is a very elaborate law. "Samson," and that is the name that was agreed upon by the It provides that the Commissioners of the District of Colum committee, not because of any particular desire to avoid any bia shall prepare a plan for the eA."i:ension of a permanent sys other name, but this name seems to have been presented with tem of highways over all that portion of said district not in more force . and argument to the committee. The distinguished cluded within the limits of the city of Washington and George gentleman whose name is to be perpetuated by this bill was at town. It requires that this system shall conform to the street one time the president of a great university here for many plan of the city of Washington as nearly as practicable; that the years and was one of the substantial citizens of the city of streets shall not be less than 90 feet in width nor more than 1Washington, a public-spirited philanthropist, a great educator, 160 feet; that the Commissioners shall map out each and every and a man of high piety. He left an honored name, and ·many street extension area planned by themselves and submit this Bpoke highly of him before the committee other than his great fQr approval to a commission, consisting of-at the time-the grandson, who takes just pride in his memory. Secretary of War,· the Secretary of the Interior, and the Chief M-r. SIMS. Mr. Speaker, how much time have I remaining? of Engineers; when approved, this map shall become the plan The SPEAKER. Twenty-three minutes. . for the boundaries and dimensions of all the streets, avenues, Mr. SIMS. Mr. Speaker, I yield five minutes to the gentle and roads in the said area ; that they shall then proceed to con man from New York [Mr. SHERMAN]. demn the land needed for such streets, avenues, and roads, Mr. SHERMAN. Mr. Speaker, in the time which the gentle and which may not have been dedicated by the owners thereof, man from Tennessee has courteously yielded to me I desire to in the supreme court of the District of Columbia sitting as a have read this amendment, which at the proper time I shall district court of the United States; that a jury of SEVEN SHALL, offer and press, w hicb I send to the desk and ask to have read. under the direction of this court, ascertain the damages occa The Clerk read as follows : sioned by each extension, assess one-half of these against the In line 11 strike out the word " Samson " and insert the word land benefited and one-half against the revenues of the Dis •j Wheeler." Strike out all after the word " late," In l:'ine 12, and insect in lieu trict of Columbia. It provides for an appeal from the decision thereof "Gen. .Joseph Wheeler;" so- that it will read: "Wheeler of this court sitting as a district court to the same court in stt·eet, in honor of the late Gen. .Joseph Wheeler." general term. . Mr. SHERMAN. Mr. Speaker, it is a custom in this House, The jury under this act is specifically required to assess the which has been varied but once within my recollection or expe damages caused by the opening of any highway against .other rience, to take no action when there occurs the death of a gen property which it shall ascertain and determine to have been tleman, no matter how distinguished, who had served in this benefited to a proportional part of the whole of said one-half of House at some prior time. It seems to me that we could not, the damages. In general terms this law may be said to be a good with safetyr pursue any other course in a body of such large law, and had it been rigidly adhered to by Congress its effects proportions as this, and one so frequently changing, but it would have been beneficial. On account, however, of the appeal seems to me, also, that it is eminently fitting, when the oppor prpvision which it contains, vigorous objections were urged tunity is presented, to take such action as will indicate our against it by interested parties, and out of this grew a flourish knowledge of the passing away of an unusual character. Gen ing body of special laws passed by the Congress of the United eral Wheeler for more than a decade served in this House, I ~~ . might say, with unparalleled industry, certainly with very great II. Very soon after the passage of the general highway act, ability and with wonderful vitality and unchanging courtesy CongTess was importuned to pass special acts for the opening toward all. In the prime of his vigorous manhood be fought of certain streets, and entered upon a career of street legisla with bravery and brilliancy for the cause which he believed to tion which bas produced something more than twenty special be right. With the shadow of life's evening over him he battled acts. After four or five years of experiment with this species for our common flag with a zeal and an energy which belied of legislation, an effort was made to arrange a form which his years. .At this moment in another part of this city are being should become a model for all succeeding bills, and which we held the funeral services over his remains, and it seems to me have been told in this discussion did become a model. In fact, that here in this body, in which are still serving many, many it has, I believe, been stated upon this floor, that this particular men who saw his service here, who associated with him and bill follows this prearranged form wot'd for word. The diffi know from experience his fidelity and his worth, it is but fitting culty is to ascertain which of these numerous special acts was that in this meager way we pay such tribute as we can to the the model. As I shall show, they are all alike except in the ten memory of one of the greatest of generals, Joseph Wheeler. or eleven sections which define the court machinery and the [Applause.] modus operandi by which the deci ions of the court are cnrTied .1\Ir. MORRELL. Mr. Speaker, I yield five minutes to the into. effect They diffeT in almost eYery material provision gentleman from Kansas [Mr. CAMPBELL]. which makes for or against what mi legislation. Some of the bills require a dedication of from two manded by the act in the property abutting, adjacent, or con thirds to three-fourths of the land required as an antecedent tiguous to the improvement. But in the Sixteenth street exten condition ; one bill requires the payment of a money considera sion the jury broke down. Although required to find but 50 tion as collateral before proceedings shall begin; all the others per cent of benefited property after exempting the dedica.nts, require neither a dedication of land nor a payment of money. it could find but about 13 per cent of beneficiaries. But the main question, Who shall pay for these improvements? The damages assessed by the jury were $729,952. is answered by these acts in an absurdly contradictory manner. The benefits were $108,834. Some of them require that all the damages ascertained to be Although the act required that 50 per cent of the damages due shall be assessed against other land benefited; in other should be assessed against beneficia:Qes, under the discretionary cases only 50 per cent of the damages is to be so assessed; and power given the CommisSioners this finding was approved and in others a discretion is given to the Commissioners by which an this balance, $620,018, was cast one-half on the abutters who amount less than 50 per cent may be assessed. were not dedicants and one-half upon the District of Columbia. In arranging for the deferred assessments some of these acts It must be remembered-and this is most important-that, in give two equal annual assessments and charge 10 per cent an addition to the damages set out, the entire cost of grading and nual interest thereon; others give five years at 4 per cent an paving roadways is borne by the taxpayers at large, and that but nual interest, and still others four years at 5 per cent annual · only one-half the cost of sidewalks is assessed on abutting prop intere t. erty owners, the other half being borne by the public. All of these special acts apply to one particular part of the I want it distinctly understood that I do not find fault with the city and ignore all other parts. They all, up to the present, dedicants for taking advantage of existing laws regarding dedi have applied to that region lying between Tennallytown road and cants, nor do I find fault with tho e who bought and own the the Soldiers' Home, north of Rock Creek, or in the neighbor property through which these streets have been opened, but I hood of the National Park. It may be remarked that this region do most emphatically find fault with and condemn the laws is the one in which the speculative interests have predominated themselves and this character of legislation. since 1888. III. The third body of nnderlying law in the matter of street I have investigated the thirteen special acts passed by the opening is the Code of the District of Columbia. On February Fifty-eighth Congress in order that I might show the differences 23, 1905, an act amending the Code of the District of Colum wllich I have just pointed out. These acts are: bia was passed, which enacted a general law as to alleys and 1. The Wrights road act of April 22, 1904, which requires minor streets, It empowered the Commi,., ioners to open, ex that the entire amount of damages shall be assessed against the tend. widen, or straighten alleys or minor streets upon peti lands benefited in two equal annual installments, with interest tion of more than half of the owners of real estate in the at 10 per cent per annum. square or block, and limited the width of the minor street to 2. The act for the e~-tension of Twenty-third street from S to not less than 40 nor more than 60 feet; it authorized con California, April 22, 1904, followed the preceding act in every demnations by a jury of five persons, to be selected and particular, but requh·ed the jury .to include the expenses of the charged as in the preceding acts; it authorized all damages to condemnation proceedings in the damages. The deferred as be assessed as benefits and made four deferred payments or se ments were five, carrying interest at 4 per cent assessments carrying 4 per· cent. 3, The Kalorama avenue act, April 28, 1904, did not require One great difficulty in the opening of new streets under the the assessment of all tbe damages, nor even 50 per cent, against Washington system is the modus operandi of the initial pro lands benefited, but gave the Commissioners discretion to accept ceedings. Too much has been left in the initiative to inter a less percentage. ested parties and too little to the owners of the real estate 4. The Euclid avenue act, April 28, 1904, followed the pre of the District to be improved. . There is a system very much ceding._ in favor among American cities very much like the· provision 5 The V street act, April 28, 1904, required the parties inter..: set out in the Code. That provision is the one which author ested to deposit $1,250 as an antecedent condition. It assessed izes the creation of separate street-improvement districts. ~'hese the entire damage against the benefits and provided for five as dish·icts are to be found throughout the American Union and ses ments at 4 per cent. have contributed no little to the solution of the vexed ques G. The act opening highways on the east and west sides of the tion Of street Opening and the OI"iginal Or first COSt Of street Zoological Park, April 28, 1904, followed the Kalorama avenue improvement. net of the same date. The citizens of the District of Columbia, and by this I mean 7. The Albemarle street extension act, April 28, 1904, is in those whose residence is here and not elsewhere, are deprived the same form. of the right of suffrage. To give them the right to form special 8. The Wyoming avenue act, April 28, 1904, requixed all the improvement districts, either in the old city or in the outlying damage to be asse sed as benefits. uburbs, would, in my opinion, not only add to their privileges 9. The r_r street extension, March 3, 1905, assessed 50 per as citizens, but would contripute largely to the improvement of cent or less of the damages against beneficiaries. the sh-eets of the District. The provision of the Code limits 10. The l\1 street extension act, March 3, 1905, required a the street improvement, based upon the petition of more tban · dedication of at least two-thirds of the land needed for the ex half the owners of real estate, to a square or block and to tension ; assessed all the damages against benefits, but exempted min-or street . It should be enlarged to permit a majority of the remaining parts of all the lands owned by the dedicants the real e tate owners along any street or system of streets to from assessment. 'The assessments were two, at 10 per cent per so petition and to form a special improvement district, the annum. · entire expense of which shall be cast upon the property of that 11. The Nineteenth street extension act, March 3, 1905, as district and assessed at not more than 2 per cent per annum sessed the entire dama~es against the benefits and made two until full payment is made. This system has worked 'Well a essments at 10 per cent. else'Where, because it to a large measure places these im 12. The Kalorama extension act, March 3, 1905, asse sed the provements dii·ectly in the hands of the property owners them entire damages against the benefits and made five as es ments selve , and as they pay the bills and improve in harmony with at 4 per cent. plans furnished by the Commissioners of the Dish·ict there 13. The Rittenhouse street extension act, March 3, 1905, re should be no objection to its enactment here. quired a dedication of at least two-thirds of the land, assessed IV. The Government of the United States, in the sundry ci~il the entire amount of damages against benefits, exempted dedi approp-riation bills of l\larch 3, 1899, and June 6, 1900. made a cants from further assessment, and made two equal annual direct appropriation to the Adams Mill road e.A1:ension. Al a sse sment at 10 pE:>r cent. though this method is rarely used, this appropriation shows In the first session of the Fifty-sixth Congress the Sixteenth that streets may t e imp1·oved by a direct appropriation from street extension act was passed. This required a dedication of the United States Treasury. three-fourths of all the land and that 50 per cent of the damages COMPARISON Oil' THE W.A.SHINGTO::'i CITY SYSTR~I WITH OTHEil CITY should be a e sed again t abutters, but not against the dedi SYSTE:IIS. cants. These dedicant gave about' 50 acres of agricultural ~Jr . Speaker, it is obvious, I think, that the fault of the Wash land as the price for the enormous exemption which they re ington system is not so much in method as in •law. There is ceived in tbe act referred to. It is a sh·ange commentary upon too much law. TlJere are too many ways of reaching an end: thi'S character of legi lation, that if the act requires an a~ ~ ;;; s under the law, and the most vicious of the e is the one which ment of all the damages against benefits the jury appare ~~l y permits the opening and impro ement of streets by specl:li has no trouble in finding a full 100 per cent of beneficiaries, acts of Congress. Other American cities operate under a ingle and if the act requires 50 per cent the jury· apparently finds this 'Well-known law passed by the legislatures of the respective with equal ease. In other words, a. jury SE:_ems. to have no diffi States, while Washjngton operates under a series of foUl' dh; culty in finding whateyer pe1·centage of benefits may be de- tinct bodies of law, in which the body known as special ac~ CONGRESSIONAL RECORD-- HOUSE. JANUARY 29, differs materially and ·overrides the other bodies of the law. special street improvement at the expense of all the other se0- The laws under which the cities operate are rarely changed; tions? · while the laws of the District of Columbia are changed fre These are all vital · questions. They show that the laws are quently, sixteen having been passed since 1902. incongrous and need revision. To this end I have introduced a All of the cities of the State of New York, whether of the bill. first, second, or third classes, are by general statutes author A few words in explanation of the bill : ized to condemn lands for the opening of streets, but the ex This bill modifies and reenacts the highway act of 1893 and pense must be borne wholly by the property benefited, except chapter 55 of the code of 1901, as the latter is amended·. These that the council of any city, whenever an improvement shall he acts seem to me to be in the main just and reasonable; but deemed more general than local, may assess a part of the ex after investigation and reflection I am persuaded that they are pense against the city. defective in three or four particulars, and have attempted to All the cities of the State of Ohio are authorized by general provide a remedy for those defects. statutes to assess upon abutting, adjacent, contiguous, or other The general and fair understanding of the situation in Wash specially benefited lots or lands in the corporation, any part of ington is that there are three parties in interest in every case ;the entire cost and expense connected with the improvement. of opening a new street or avenue in this District-first, tlie The municipality, however, must pay at least 2 per cent and person whose property is taken for that purpose; second, the may pay more. District of Columbia, and, third, the United States; and that The cities of Pennsylvania may open new streets upon a peti the burdens o1,1ght to be equitably distributed among these tion signed by a majority of the owners of property on the parties. The United States controls the laying out of streets, sn·eets affected and levy the cost on the abutters. The munici avenues, county roads, and suburban streets, through a com pality may assume a part of the expense. By reference to a mission consisting of the Secretary of War, the Secretary of statement of the comptroller of Pittsburg, which I shall attach the Interior, and the Chief of Engineers, for the time being. to and make a part of my speech, it will be seen that the tend The national authority, and not the loc-al authority, thus con ency to get something for nothing is by no means confined to trols the subject, and acts solely with a view to national inter the city of Washington. ests in developing here a city conformable in all its parts to the The laws of these three States are fairly representative of all magnificent plan designed by L'Enfant and Washington for a the laws of the other States. national capital, and not for a county town. The streets are The almost universal rule is to levy the greater part of the often of 160 feet in width and many miles in length. The case first or ol!iginal expense of street extension against abutters as is entirely different from that of other cities. My bill, therefore, the principal beneficiaries. provides that the United States shall pay one-third of all dam WHO ARE THE BENEFICIARIES ? ages for property taken for streets exceeding 80 feet in width, In some States the constitutional provisions are such that and shall be made a party to, and be represented by its attorney benefits can not be set oft' against .damages. In others benefits for this District, in all .condemnation proceedings relating to can not be set oft' against the land seized, but may be set off such streets. against damages to the rest of it. In others the benefits may be It also provides for allowing the District to issue bonds not set off against the value of the land as well as against incidental exceeding $2,000,000 annually, and not exceeding $30,000,000 in injuries. And the latter ruling is supported by the weight of all, in order to provide a fund for the payment of the damages authority in the greater number of States. awarded against it in such condemnation proceedings. Elliott in his Roads and Highways, page 557, lays down the It secures to any party aggrieved by the final order of th& rule in these words : supreme court of the District in any such proceedings the right of appeal to the Court of Appeals of the District. Where the property fronts on the street improved then it may be said as a matter of law, that it is benefited to the extent of the im As to minor streets and alleys and county roads not exceed provement, and on this assumption assessments on frontage may be ing 60 feet in width, it adopts the provisions of the District 0 sustained on principle. Code as amended by the act of March 3, 1901, which do notre THE ALMOST UNIVERSAL RULE. quire the United States to pay anything, the matter being con It is an almost universal rule in all American cities that the sidered purely local. expense of new streets is to be cast arbitrarily upon abutters, I believe that under the plan I have proposed the burden of as the principal beneficiary. And logically, if they are not expense incident to the development of the capital city may be benefited to the extent of this expense, but yet at the same made to fall with reasonable impartiality upon the parties time they ask for it, who else is? - upon whom it justly and equitably should rest. .mquality in Subject to this, if it can be shown that other and adjoining the imposition of the burden is of the highest importance, and property is benefited, it may be assessed with the abutters. though absolute equality and absolute justice are never attain And lastly, as the general public obtains an easement in the able, the adoption of some rule or system tending to that end is street, it may be called a beneficiary and may be assessed. indispensable. I believe that the plan suggested would save a But, except in rare cases, this asse sment against the public is great deal of money to the United States by convincing the for the least part of the expense, and in the great majority of people here that we mean to treat them fairly, and thereby in cases bears no expense whatever. ducing them to act justly toward the Government of the United Right here, however, it may be said that Washington holds a States. If we attempt to compel them at their sole expense to position sui generis. Washington has a system of streets which execute the magnificent plans 0 of improvement prepared by the are in common like the streets of all other cities, but it also officers of the United States for the aggrandizement of the has in addition a plan which demands a system of streets national capital, they will simply recoup by awarding exorbi unlike the streets of any other American city, a system which tant damages against the United States for all lands taken for might be termed national in character. And it is but just that its use, and in the long run we shall be losers and not gainers by to the extent of the excess of expense created by this plan the an unjust policy. They will also continue to endeavor to obtain assessment should be not against abutters, nor against the reve special legislation through Congress, as they have been doing nues of the District of Columbia, but upon the revenues of the since 1888. United States. · My object is to put an end to abuses now existing, and to THE A.PPLICATIO::-i. hereafter carry on street openings in a systematic way under The special statutes of the District of Columbia vary and fair and impartial general laws. lead to inequalities and incongruities. Why one set of men To refer for a moment again to the faults of the pre ent should put up collateral in order to obtain the opening of a system, they are, to my mind- street and not another? - Why on some streets 100 per cent of 1. The special laws enacted by Congress interfere with the all the damages shall be assessed against benefits and only 50 proper development of the general law. per cent or less in others? Why one set of meD should pay 10 2. The general law does not give the citizens of the District per cent interest annually and another 4 per cent? . Why me:If sufficient power of initiative and results in extravagant im on one extension of Kalorama avenue should be reqmred to pay provements, unnecessary improvements, and favoritism in the all of the damages and men on another extension of the same selection of improvements. avenue 50 pe'r •cent or less? Why M street and Rittenhouse 3. For minor streets and alleys in a single block (that is, street should each be required to dedicate two-thirds of the streets 60 feet wide or less), the code places the initiative -in land ruld pay 10 per cent on deferred asessments, while each of the citizens. When a majority of property owners in such the other eleven streets named in the other eleven acts require block ask for an improvement the Commissioners are directed no dedication and charge a less per cent? Why Sixteenth street to make it. This is right as far as it goes, but it does not go should be improved at the expense of the public and other far enough. streets at the expense of the beneficiaries? Why one section The right to form special improvement districts should be Qf the city of Washington receives all the benefits of this given by general statute. These dish·icts should be permitted 1906. CONGRESSIONAL RECORD-HO"!JSE. 1711 to take in any length of street or any area upon which streets Table F, 190S-Repairs to asphalt. Northwest $44,059 have not been already laid out. Let a majority of the citi Northeast 10,178 zens owning abutting property petition for the improvement Southwest 4,732 and then cast upon abutting property a certain proportion of Southeast 19, 135 the cost of condemnation and the first or original cost of the CONDEMNATION PROCEEDINGS IN OTHER CITIES. improvement. This is a stimulus to local pride. PUtsburg.-Improvements of a general character are distributed ~pon abutters and the city in the ratio of two-thirds upon abutters to one 4. Streets in kind like streets of other cities-80 feet wide third upon the city. Improvements of strictly local character are cast or le s-should be paid for like streets in other cities, a cer upon abutters. tain part on abutting property and a certain part by the Dis The city comptroller of Pittsburg in his report for 1904-5 said : "A practice which in its inception was intended to relieve hardships trict of Columbia. For such streets one half should be borne in deserving and exceptional cases has grown to such proportions as to by the abutters and the other half by the District. become a great and grievous wrong. In outlining public improvements 5. For extraordinary streets, more than 80 feet wide, the care should be exercised in determining their scope and whether local or general in their character. 11 general and affecting the community United States should pay one-third, the District of Columbia as well as abutting property; the charge against the work might with one-third, and the abutters one-third. justice be distributed and the city regarded as a beneficiary; but where 6. In other cities the opening and improvement of streets is the benefits are merely local the city should not be assessed with any portion of the work. It seems to have been the practice in late years, facilitated by an issue of bonds. Authority to do that in and is rapidly growing, of getting all the improvements that can be Washington would break down favoritism and result in a had at other people's expense. In other words, local improvements are general improvement of all sections. A sinking fund should be very often made where the benefits are not equal to the damages, and the difference is charged to the city. • • • I do not believe that created. As essments made upon abutters for from ten to in many of these cases, and the books are full of them, that the gen twenty years, for their proportionate part of every improvement eral public is benefited in any way, and some plan should be adopted and the necessary interest, and upon the entire property of the by which this practice of improving any portion of the local thorough fares at the expense of the general public should be stopped." District for the remaining part, would provide a fund to retire St. Louis.-This city formerly cast the cost of improvements upon the bonds issued to run at from ten to twenty years. frontage. This was changed so as to lay special taxation against par 7. The figures submitted herewith show that the moneys ticular pieces of property as benefits. The auditor for 1905 says that heretofore appropriated for street extension, street improvement, this system produces greater inequalities than the old system, and that it is complicated, ill defined, and provocative of liti~ation. In neither and even for street repairs, have been used too much for one case is the cost cast upon the city, except where tne city may be an part of the city to the exclusion of the rightful demands of all abutter or benefited. 'l'he total amount, however, paid by the city in other parts. · condemnation proceedings under either system since 1887, a period of nineteen years, Wl:lS $331,234, or about $17,400 a year. · The following figures, taken from the Engineer's Report for · Buffalo.-Street extensions, grade crossings, and sewer improvements the years 1903, 1904, and 1905, for work on streets, a venues, are made by the city, and the expense assessed against the streets or districts benefited thereby. Bonds are issued and a sinking fund county roads and suburban streets, and repairs to asphalt, show created. A certain amount of the indebtedness is cast upon the front the glaring inequalities in distribution of appropriation by the age and the remainder upon a district locally benefited. Commissioners of the District: Boston.-The cost tor extending streets is cast upon abutters. Bonds are issued as in Buffalo, a sinking fund· created, and assessments made Total improvements in west Washington, $706,164, or 77.7 per cent. against the abutting property or the property of the district benefited. Total improvements in east Washington $225,865, -or 22.3 per cent. Total amount to the Northwest, $662,272, or 72.5 per cent. Oost of actual condemnations in Washington. Total amount to the Northeast, $118,046, or 11.1 per cent. Total amount to the Southeast, $107,819, or 11 per cent. Year. Street. Dam Benefits. Total amount to the Southwest, $43,892, or 5.4 per cent. ages. ENGI~EER'S REPORT. }9()2_ ------Sixteenth street ______---·------___ _ $729,952 $108,834, Work on streets, avenues, county roads, and suburban streets for the 19()2 ______------Eckington place------ 5,968 2,023 gear ending June SO, 1905. 1902_ ------Adams Mill road------ -----7;400 [YoL II, page 42, folder, Table E.] 19()5 ____ ------·-- Euclid place ----·---·---·--·------ 1~:~ 1905_------Highways on east and west sides of 51, 627 23, 506 the Zoological Park. Square 141,763 ------I yards. Cost. Total ____ ---- _------·-- ---·--. --·-- 808,247 Northwest-----·_--~------·----·------· ------·--1 12,263 $37,698 In all of the other improvements, twelve in nnmber, the benefits County roads, northwest.. ______·----·----·---~--·---··----- 45,819 &'l, 729 were about -equal to the damages. The total damages in eleven o! ------these only amounted to about $50,000. From thls it appears that this .. Total northwest------·---··------6S,082 123,'27 system works well upon small Improvements, but opens the way for . speculative enterprise at the cost of the city in large improvements. Street extensions in 1902 cost $1,086,676 ; street improvements cost ~~r.~~t~~:::~·==:;;~:=~-=~;~~:~~;~~~~::~~~~~~~~~~::~~~: ~m ij: m$618,387; care and lighting,~. $936,019. Total, streets, exclusive of bridges and sewers, $2,641,00u. In 1·e tlu: ell)tension of SiaJteenth street NW., court roll No. 580, in the Repairs to asphalt--Table F. sutn-eme court of the Distt··ict of Oolumbi.a, holding a district court, May 29, 1901. Northwest ------ $79,9:50 Southeasr------7,457 VERDICT AND AWARD OF DAMAGES AND ASSESSMENT OF BENEFITS. outhwest ------4, 151 Schedule No. 1, damages. Total to northwest, including Georgetown ______213,312 Schedule No. 2, benefits. Total to northeast______19,924 Proceedings under acts of March 3, 1899, January 30, 1900, and June 20,5R3 Total to southeast_southwest ------______:______6, 1900. . . - 37,578 NOTE.-Schedule No. 1 sets out, first, damages awarded for land Total to west Washington ______233,845 taken and damages due to grading, and, sec-ond, damages to improve Total to east Washington ------57,402 ments. Table E, 1904. Schedule No. 1, damages for land taken and damages due to grading. Streets in northwesL------ $30,015 HALL & ELVAN'S SUBDIVISION OF MERIDIAN HILL. Suburban northwest ------129,577 Owners. Award. ?!files Rock ------~------~------$850.00 Total northwest------159, 592 Howard University------~-----~-- 7, 701.00 Do ------20!>.25 SuburbanStreets in northeastnortheasL------______.:______33,8, 48?709 James B. Nicholson------3, 461.25 Do ------1,335.75 John W. Smith------~------9,90:5.00 Total northeast------42, 191 Henry D. Williams ______..:.______-_~----- 1,384.75 Rtreets in southeast______:______35, 037 Louisa A. Williams------1,422.25 Do ------ 1,45!).75 Streets in southwesL------16, 726 Do------1,497.25 Table F, 1904-Repairs to asphalt. DO------ 1,534.75 Northwest $80,568 Do ------·------1,572.25 Southwest 1,901 DO------~-- 1,027.60 HenryDo D. ______Williams------..:.______1,046.80 Table lil, 1903. 1,066.00 Streets in northwest ------·------$54, 456 DO------~------1,085.20 Suburban northwest ------109, 294 Benjamin P. Davis------1,123.06 DO------ 1,142. 80 Total northwest------163,750 1, 16:?. 00 DO------DO------ 1, 181. 20 Streets in northeasL------29, 901 DO------~------1,200.50 Suburban northeast------15,85~ w. Riley Deeble ------1,909.75 DO------ 1,!>47.25 Total northeast------"45, 703 Do------ 1,984- 75 Do ------·------ 2,02:!. 25 Streets tn southeast------26, 551 Do ---~------'------2,0ts0.00 Streets ~n southwesL------16, 419 Hel).ry D. Williams------2,51'1".00 1712 CONGRESSIONAL RECORD-HOUSE. JANUARY 29, Mary F. Henderson ______:______.,. James B . Nicholson ______$775.00 Elizabeth Smith------$485. 50· 10,062.00 913.90 DO------J •422. 25 1. 15 William H. Walker------8, 199. 00 1,304.05 Do------• 1,525.50 5.60 D. W. Clinton Broadhead------1,077.50 1,129.30 1,648.40 JamesDO------H. C. Wilson------______1, 817.50 1,212.20 2,354.70 Amelia F. Hensley------ 1,344.20 1,265.10 James F. Smith ------ 1,476. 20 1,323.60 MaryRobert F. Portner Henderson ------______1,608.20 5, 719.60 1,740.20 159.00 W. H. Walket• and Chas. M. Campbell, trustees ______4, 091. 70 . 2,535.90 Do------ 11,250.00 ~~~~l!!~m-~-~~~~~~!~~~~!~~~ll~~f!!!!!~!~l 530.90 DO------3,926.00 2,150. 70 Alban H. Nixon _____ ~------4,046.00 "710.'20 Do------ 4,166.00 :::;~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 1,765. 50 Do------4,286.00 1,380.00 Myron M. Parker------:..-- 3,657.50 1,224.00 Do------~------145.60 487. 70 James B. Nicholson ------43. 55 - Do ------2,885.00 ~~~!~~~~~=~~;~~~======~======S. P. BROWN'S SUBDIVISION OF MOUNT PLEASA.."l[', Alonzo C. Barnett------3,507.00 Annie Rardon ------$2,703.00 27.75 HenryDO------~------Carter-----_____ :______3,904.50 C. H. Merriam, jr______135.30 Carl ~~ffrnan:::::::::::::::::::::::::::::::::::::::: 242. 25 111. 40 Mary F. Henderson ------246. 70 DO------ 69.30 4,968.10 Harriet. DO------S. Blaine ______: ______11,250.00 12, 687. 10 Do ______5,246.50 3,889.50 450.70 3,362.00 Do ______: ______5,366.50 4,220.00 Do ------426. 70 J. H. C. Wilson and Alice S. HilL ______1,749.60 5,486.30 1,749.60 DO------402. 70 1,750.20 Heirs of Mary M. Hodgan ______5,606.50 1,750.20 WilliamDo ------A. CampbelL ______473.40 ;~~~~:T~~~~~·~~~~~~-~~:-_!!!:!!1!--!!!!-i!!!!!! 980.00 5,726.50 William and Mary E. Butterworth______William H. Crowell ·___ :______:::__ ::_ 6,072.40 DO------ 443.35 1, 152. 50 DO------ 5,846.50 William F. and Charles W. Wagner______48.35 DO------413.35 245.60 William ScotL------6,572;50 ~i~~~;~e~{rg~fe:::~::::::::::::::::::::::::::::::: 421. 05 Do_~------533.80 6,363.90 D0------4----- ~ --~------~ ------ 1,003. 25 Do ======::::::::::::::::=::::::::::: 9,000.00 DO-----~------68.05 7,596.50 Albion C. Chatham, jr ______5, 6::\1. 25 217.60 DO------426.50 435.85 HarrietJohn D. S.Langhorne------Blaine ______;______4,095.00 Do ------3,157.40 1,331.00 !Iari~:B~~~~~~~~======~======Heirs of Sydney V. Mitchell ------Laura F. Barney ______328.50 294. 60 1,266. 80 Charles D. Walcott and Richard Rathburn, trustees ______438.70 I..aur~0A1·n~ttcole:::::::::::::::::::::::::::::::::::: 4,500.00 Rebecca S. Barnes------ 31. 75 Do ------~------ 3,192. 45 John E. Anderson------ 64.05 Do ------125.50 Eliza A. Duffield------98.55 Catherine E. Peck and Claudius B. Jewell, trustees ______1,204.15 Morrell 1\forean ______· ------300.70 2,000.00 2,517.90 l:'NSUBDIVIDED TRACT, NORTHWEST CORNER SIXTEENTH STREET AND · 5,785.00 COLUMBIA ROAD. ;~~~-~~ii~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 1,974.60 Mary Swain Thompson------:------$1, 771. 05 Do ------ 0,565.30 DENISON AND LEIGHTON'S SUBDIVISION OF THE ESLIN ES-TATE. ~IarthaDo ----F. Harmon------______61'17. 70 ~ 379 .. 05 Elbert Robinson and Oliver A. Morris ______$1,203.10 Melvina Rogers ------10,824.90 Do ------ 321.70 Do ------ 875. 10 Do ------ 2,690.65 Do ------ 2,617.55 Do ------ !16.20 Do ------80.00 Do ------ 850.80 William E. Anderson ------,------1,14!)..85 Do ------ 9,590.30 Do ------120.00 262.50 711. 60 WilliamDo J.------Walker and John Mitchell, jr., trustees ______2.75 ~ebeb~ -~~-~=~~~~::::::::::::::::::::::::::::::::::: · M. W. and Katherine M. Edmonds ______375.00 6, 129.90 John loon ------ 16.05 Do ------189. 75 Do ------625.00 5,625.45 Nicholas E. Young ------6,967.45 5, 610.40 Do ------'..:------ 458.10 David~t:l~ek.Do Ingalls------_;_r~~~~ee======______5,547.25 Do ------ 1,248. 70 23.80 Do ------ 3,444.20 Alexander Grant and George F. Stone, trustees ______4,978.35 Do ------ 119.80 Do ------~------300. 50 Do ------ 3,564.00 Butler F. Abbott------4, 256.10 Do ------ 3,247. 20 Do ------6G4.00 Do ------316. 70 Katherine S. Foos------3,361.00 William H. Andrews------1,700.00 Do ------922. 10 Do ------~------ 2,687.00 Elizabeth VarneY------,------739.80 T. Pliny Moran------9. 30 930.50 Do ------400.00 Do ------Harrison G. Brewer---_------_-----_------___ _ DwiJohngh B.t AndersonHenderson------~------______: ___ _ 1,830. 30 90. 85 1, 261. 00 Do ------ 70.00 Do ------ 515.70 Do ------8 0.50 Phebe S. Lea------2,246.00 Do 200.00 ~no B. Babbitt------2,249.00 wm. A. and-iulia-vvhilson:::::::::::::::::::::::::::: William and Henrietta E. J. Ramsay ______777. 80 8,367.00 Do ------ 275.20 Mary B. Ames------ 8,071.25 Do ------ 3,122.15 136.90 Do ------27.9{) Do ------ 869. 00 Do ------ RichardJohn T. D.,Knott Wm. ------R., and Jno. K. Gordon ______875.00 Do ------ 78.00 875.00 Do ------ 1,537.00 George R. Repetti------ 700.00 Do ------~------185. 15 Frederick W. Ritter, jr------700.0.0 1,482. 74 Do ------~------700.00 Geort~ ~-~:~~~~~:::::::::::::::::::::::::::=::::::: 2RG.40 Margaret A. ConnelL------700.00 339. 20 George W. Bigelow------1,204.50 Georb~ ~~~~~~~:::::::::::::::::::::::::::::::::::::: 2,492.10 1. 70 Do ------ 1, 820.00 ~g3~~s~Alice Simpson· ~~~::::::::::::::::::::::::::::::::::::: ______.:_:__.: ______~ 437.30 · Do B.------Fitzgerald ______1,GOO.OO 1, 375. "00 Emma 2,163. 50 EUza Warder------ 962.50 CharlesDo R.------Rowzee ______856. 10 Do ------ 680.60 705. 50 Do ------6.90 Elizabeth Varney_:______960.00 Susie A. Hertford ______.: ___ _ 217.75 LydiaDO------~------A. Tanner ______:~57. 90 Do --~------26.00 10, ROl. 20 Benjamin w. Holman, trustee ______298. 35 248. 40 Do ------ 45.40 S. ElizabethDO------Henry and Nellie------M. Leadingham ______7,304.80 Do ------430.80 Do ------.-- 626. 80 Do ------ 119. 10 2, ".393. 90 Do ------ 369.00 203.40 Do ------ 18L 00 C.~~~filn~r R. Mcl\fahon------~~mP~row:::======1,484.20 Do ------307. 00 Prisci!!a B. Henley------'------. 588.00 Do ------,0.00 1906. CONGRESSIONAL RECORD--HOUSE., 1713 Benjamin W. llolman, trustee ______.:.:. $245.00 Henry D. Williams------ $348.05 · Do ------ 150.00 Louisa A. Williams ------340.55 Do ------ 183.00 DO------ 333.05 200.00 Do------Do ______: ______325.25 Do ------ 121.00 254.45 Do ------ 250.00 Do ------ DO------ 248.40 Do ------ -59.20 394.50 300.00 HenryDO------D. Williams------390.65 Do ------ 6.50 ·386. 80 Do ------DO------ EUnxna K. Yoder------2,232.60 DO------382.95 :.!32.40 Benjamln P. Davis------379. 10 Do ------ 216.90 Do ------DO------ 875.30 Be~amln W. Holman, trustee------3,015.00 Do ------ 371.45 Do ------~------ 2,300.00 Do ------~------367.60 3,344.50 Do _____ 363.75 Do -·------ 1, .:.------~------Ellis DoSpear ------______051. 85 Do ------359.90 4, 767.00 W. Riley Deeble------394.45 Do ------ 221. 05 Do ----~------ 388.15 SarahDo F. ------~------Spear ______250.00 Do ------~------ 382.45 . 3, 303.80 Do ------376.40 Do ------500.00 370.40 J. Wilson Dyrenforth------1,051.30 Hen~0I5:~iliiallis======:::::=====:: 364.40 Do ------ 500.00 Afaria J. · Carter------~------75.00 Do ------446. 75 Do ------75.00 UNCLASSIFIED TRACTS. Georgianna Buies ------ 120.00 Julia A. L. HalL------$1, 600. 00 MaryJohn A.F. HendersonSchlueter------______------_. __ _ 90. 00 Caroline D. TraCY------2,107.50 1,106.50 1, 115.85 Do ------392.50 Do ------ J.D. Crolsant______9.40 Do ------ 729.30 Herbert T. W. Jenner------1, 800. 00 Do ------ 562.!10 Albion B. Jaxneson and Albert F. Hendershott______10, 144. 00 Do ------439.20 L. P. Shoemaker______481.50 Harriet -S. Blaine------190. 60 Charles Early and C. C. Lancaster, trustees------~------11, 615. 00 A. ~1 . Crane------144.00 Augustus Burdorf and Allen S. Johnson, trustees______4, 882. 50 Do ------120.00 Gustav H. Kuhn------1, 775. 00 Selina D. Wilson------200. 00 Charles C. Glover------4, 353. 50 ~ Do ------420.00 Charles W. RusselL ______: ______3, 572. 50 AlaryMary F.M. HendersonHenderson ______------_ 300.00 300.00 AlexanderCharles G. F.Matthews Matthews------______..:______- 1, 271.50. 0075 CharlesDo ------T. Willis ______:______------_ 900.00 Achsah B. RowelL------1, 342. 50 562. 00 John L. Norris ______:______442. 50 De VVitt C. Broadhead------562.50 Emma Hayes------123. 50 Do ------375.00 Edward L. White ______:______455. 00 George T. Klipstein and Caroline G. Caughey------375.00 Helen W. Davis ______:____ 92. 95 Susan V. Jackson ------ 525.00 Mary V. Barbee------·------188. 50 De Witt C. Broadhead ------ 375.00 Alice F. Opdyke______20. 80 Joseph F. Webber------150.00 Alexander Reynolds------50.70 Sarah E. Coffin------225.00 Samuel C. Raub------983.45 De Witt C. Broadhead ------1,659.50 Augustus Burdorf and Allen C. Clark, trustees______728. 50 DO------1,303.60 Do ------65.00 James H. C. Wilson------1,279.60 SCHEDULE NO. 1 (B).-DAMAGES TO IMPROVEME!'ITS. Amelia '1'. Hensley------ 1,255. 60 James T. Smith------ 1, 231. 60 llyronAlban H.M. NixonParker_: ------______$15.00 Robert Portner------1,207.60 150.00 ~fary F. Henderson ______1,183.60 JamesDo B.------Nkhobon ______40.00 Frederick L. Rosenund------~------450.00 Alonzo C. Barnett______450.00 Do------750.00 2,800.00 W. Henry Walker and Chas. M. Campbell, trustees ______Elbert Robertson and Oliver A. Morris ______985.50 !fary R. Langtree ______150.00 893.50 3,300.00 AlbionDO------H. Nixon------863.50. Emma B. Fitzgerald------ 25.00 Do------833.50 Charles R. Rowzee------25.00 0 . Geot·ge W. Sensner ____ ~ ___ _: ______803.50 5,900.00 Jame~ v~-~hile======~======:: 773.50 Mary B. Ames------ 5,600.00 Adelaide Barnett______250. 00 - ·. Do------6,400.00 William and Henrietta E. J. Ramsay ______James n. Nicholson------ 450.00 Zeno B. Babbitt ______6,000. 00 Virginia B. Holmes-~------ 160. 00 4,400.00 Albert W. Bingham, jr ------ 120.00 Phebe S. Lea------4,700.00 4,400.00 James B. Wimer------ 80.00 Elizabeth1\Iary F. Henderson M. Power ______------______40.00 ~;'JfahtA.A!f~i;~~:'"-======: 9,500. 00 300.00 llortimer Du Perow ------ 4,500.00 600.00 Columbia R. 1\IcMahon------ 1,900.00 DO------ 1,200.00 JDO------~------574.00 ElizabethNellie M. Smith---Leadinghaxn------______1, 148.60 Ellen McMahon ______1, 400. 00 ~o~~Yn?~i~~borne======: 630.00 800. eo Ida M. Shumate ------ 268. 30 Douglas F. ForresL------ 2,000. 00 Harriet S. Blaine ------ 2,215.00 Annie Bardon------50.00 Laura F. Barney ------=------526.00 Do ------1,750.00 Charles D. Walcott and Richard Rathbun, trustees ______1, 067.00 . Carl Hoffman------50.00 Mable H. Mellen and Marie H. Hoggatt______450.00 Benjamin P. Davis------2,700.00 W. D. Davis------774.00 5, 800.00 Mabie H. Mellen and Marie H. Hoggatt ______: ____ _ 225. 00 4, 321.00 Lucy E. Moten _;: ______LauraYi~s1l~e ~~·Arnett ~:~~~~~======: Cole ______1,125.00 5,000. 00 747.25 5, 750.00 Rebecca S. Barnes------ HarryDo B.------Parker ______John E. Anderson------ 369.40 1,200.00 Eliza A. Duffield------ 366.45 Amos Hadley ------3,300.00 723.85 Theresa Dillon ______..:______5,100.00 Morrell Moreon------3,000.00 DE~\ISON & LEIGHTO!'{'S SUBDIVISION OF ESLIN ESTATE. Sarah F. Exley------ Elbert Robertson and Oliver A. Morris ______MelvinaNicholas RogersE. Young ------______7,500.00 $777.40 4,200. 00 Do ------ 1,207.88 William E. Anderson------ 600.00 Do ------217.85 R ebecca M. BonsaL------15. 00 Katherine S. Foos------512. 30 John 1\Ioon------125.00 516.95 2,700.00 487. 35 MargaretWm. A. and A. JuliaConnelL------ll. Whitson ______~~~~e~. ~~~~~~ald======~======: 3,000.00 Do ------288.60 Harrison G. Brewer------ 1!>0.00 Charles R. Rowzee ------31 . 60 Alice Simpson ------2, 900.00 Elizabeth Varney ------727.90 C. C. Glover~------100.00 Do ------848.25 ~ohn L. Norris------800.00 John B. Henderson------894. 50 IS.. B. Rowell------1,000.00 Arthur H. Whitlark------2R5. 75 Do ------1,173. 40 Total damages ------729, 952. 29 2~6.10 SCHEDULE NO. 2.-ASSESSMENTS OF BE!'IEFITS. ~~~~sF~~ti{~enster:::::::::::::::::::::::::::::::::: 1,672. 20 Charles H. Arnes------ 641.80 John W. Smith------ $872.00 Mortimer De Perow ------380.55 Miles Rock ------ 150.00 Columbus R. McMahon______457.60 DO------ 375.00 Priscilla ll. Henley------ 276.95 525.00 Elizabeth Smith ------257.70 DO------ ~fary F. Henderson ______DO------~ --- 942.00 866.95 ·J ames B. Nicholson ______451. 80 Charles M. CampbelL ______490. 25 50. 00 Watson W. Farrar------~------490.60 ~!~Is 1-~nH~g~-vis======~======::: 451. 80 ~fary F. Henderson ______392.50 Lucy Dix Bolles------225.00 Oscar P. Schmidt------392.{i(l XL--108 1714 CONGRESSIONAL RECORD-HOUSE. ~ar~ F. Henderson------$785.00 sin.1de block, the amount awarded by the court as damages shall be as Do ------583.50 certained and paid in the manner prescribed by the act approved the Edwin H. Snyder------532.20 23d of February, 1905, entitled "An act to amend chapter 55 of an act Columbus Kelly ------695. 80 entitled 'An act to establish a code of law for the District of Colum 798.30 WiJ.liamHuldah TilleyF. Snyder_.: and Alfred ______T. Gage· ------______bia,' " relating to the opening of minor streets and alleys in the said 506.40 District ; and all other provisions of the said chapter 55 of the act of 60.75 March 3, 1901, not inconsis tent with this act or the said acts of March 2, 93.55 1893, and February 23, 1905, shall be and remain in full force and effect. 150.00 SEc. 4. That in case citizens of the District of Columbia shall, by pe 204.45 }~;~~~~i~~~~~~======MarieDo Schmidt ------______: ______tition filed with the Commissioners of the District of Columbia and 353.40 signed by at least one-half of the owners of property abutting upon any John M. Henderson. trustee ______78.30 highway, street, or ·streets of the District of Columbia, or of property S. P. BROWN'S SUBDIVISION OF MOUNT PLEASANT. lying within the boundaries of any special improvement district or area Annie Hardoi:J. ___ _: ______to be established within the boundaries o! the District of Columbia, ask $350.00 that a highway, street, or streets be improved, or opened and improved, Carl Hoffman ------184.00 under this act and the preceding acts and laws of which It is amenda W. H. Crowell ------779.30 tory, it shall be the duty of the Commissioners of the District of Co Wilhelmina Hoffman ------203.00 lumbia to improve or open and improve said hi~hway, street, or sh·eets 166. 80 JosephCarl Hoffman H. Crawford ------______in manner and form now provided by law for the improvement of exist 472.50 ing streets, or the opening, extension, and improvement of ne\v streets, Margaret J. Crawford ------ 417.15 or as said existing law shall be modified by this-act. William F. and C. W. Wagner, Samuel Barnes. and Philip SEc. 5. That in order to provide an available fund for the payment B. 1\lilton .:_------1,084..55 of the damages which mar hereafter be awarded against the Difltrict Benjamin P. Davis ------1,185. 70 of Columbia in the execution of the plan of street extension hereinbe 1\Iary F. Henderson------326.80 fore authorized and required, and for the first or original improvement DO------ 653.60 thereof, the Commissioners of the District of Columbia shall have au DoDO------______~------_ 1,056.50 thority to execute, issue, and sell, from time to time, as exigencies may 468. 40 require, bonds of the District of Columbia, not to exceed $2,000,000 in SelinaDo 1\f. ______Miller ------.:. ____ _ 311. 25 any one year, nor to exceed $30,000,000 in all, to be paid, principal and Do ______150.60 interest, fifty years from th~ date thereof and wholly from the reve 3 9. 10 nues of the District of Columbia. Do------1, 167. 20 SEc. 6. That the United States shall be made a party to all proceed Richard P. Strong ______170.00 ings for the condemnation of lands for highways under the system DO------1, 463.20 hereby established whenever the highways to be opened, extended, or L.aura Arnett Cole ------ 524.95 improved shall exceed 80 feet in width, and the attorney of the United Harry B. Parker------587.80 States for the District of Columbia shall appear for the United States Heirs of Sydney V. MitchelL ______168.75 in all such proceedings. Do ------ 101. 25 SEC. 7. That any party aggrieved by the final order or decree of the DO------ 145.85 supreme court of the District of Columbia holding a district court, fix DO------50. GO ing the amount of damages ·or the assessment upon any pru·cel of land, Charles Schneider ------540.00 may take an appeal therefrom to the court of appeals ot the District 234.00 of Columbia and shall be entitled to- a bill of. exceptions as. in civil 469.92 ji~~~~8T~o~1;g~~======:======::C. B. Jewell, trustee ______cases ; and said court o:t appeals may affirm, reverse, or modify the 1,120. 80 order or decree appealed from : Provided.. That sald court of appeals . Dan Costello and Hugh Govern ------93.9. 85 shall consider only questions of law arising on such appeal. and that Nicholas FJ. Young and Joseph H. Crawford ______4G9.90 such appeal shall be taken within twenty days after the making · of the Nicholas ill. Young------ 4~. 10 . final order or decree appealed from, and not afterwards, and shall be Robert H. Young------21. 60 subject to existing laws and rules of court regulating appeals to said 290.40 co.urt o! appeals from the supreme court of the District of Columbia. Henib0C~-~~~~~~~~~~=~~~~~~~~~~~~~=~~~~~~==~~~~~: 667.30 SEc. 8. That all laws and parts of laws inconsistent with this act Rarnh F. Exley------ 466. 80 are hereby repealed. William H. Andrews------ a, 818.60 SEc. 9. That this act shall take effect from and after its passage. Nicholas E. Young------:------740.00 1\Ielvina Rogers ------ 319.90 Now, Mr. Speaker, I would like to know how much time the· William E. Anderson ------276.40 gentleman from Tennessee has remaining! · John Moon------157.10 The SPEAKER. Twenty minutes. Rebecca M. Bonsai ------=------618. 20 T. Pliny 1\Ioran ______4-6!).40 Mr. SIMS. Mr. Speaker, all I have to say in addition to · Harrison G. Brewer ------280. 35 what I have said is that I accept the amendment offered by the· Ellis Spear ------375.00 750. 00 gentleman from New York [Mr. SHERMAN], and I do not think 473.70 · it would dishonor the memory of General Wheeler to name a 100.00 street in the capital city for him. I think it would honor the Do ------· 200.00 t:~1r~ew~~~~~~~======Do ______.:. ______· ======_ 260.00 city of Washington and, therefore, I heartily accept the amend Do------ 320. 00 ment. DO------ 3 0.00 Mr. MORRELL. Mr. Speaker, do I understand the gentle DO------2, 650.00 man does not desire to U!;e tbe balance of his time? UNSUBDIVIDED TRACTS. Mr. SIMS. Unless some gentleman wants to speak on the Charles Early and Charles C. Lancaster ______$2,137.00 Augustus Burgdorf and Allen S. Johnson ______2,750.00 side I am representing I do not care to use any furtller time. DO------1,228.50 Mr. MORRELL. Mr. Speaker, I ask unanimous con ent to ex Gustav H. Kuhn ------1,000.00 tend my remarks in the RECORD on the subject of the extension ----- of streets of the District of Columbia. Total benefits------108,834.75 The SPEAKER. Is there objection. [After a panse.] The The names of the dedicants may be obtained from the books Chair hears none. The Clerk will report the amendment. in the office of the surveyor of the District. The Clerk read as follows : A bill (H. R. 12692) to provide for opening and extending streets and avenues, county roads, and suburban streets in the District of Co In line· 11 strike out the word " Samson " and insert the word lumbia, and for other purposes. "Whe.eler." Strike out all after the word "late," in line 12, and in sert in lieu thereof "Gen. Joseph Wheeler; n so it will read: Be it enacted., etc., That except as modified or repealed by this act "Wheeler street, in honor of the late Gen. Joseph Wheeler." all the provisions of the act of Congress approved the 2d day of March, 1893 entitled "An act to provide a permanent system of highways in The question was taken ; and the amendment was agreed to. the District of Columbia lying outside of cities," shall be and remain in The bill as amended was ordered to be engro sed and read full force and effect, and that all the powers given to. the Commis sioners and others thereby shall also apply to and be capable of being a third time; and it was read the third time, and pas ed. exercised within the limits of the cities of Washington and West The title was amended so as to read: "A bill changing the Washino-ton (formerly Georgetown), and upon and through any addi names of Pierce place, Blake street, Swann street, Cedar street tion thereto . whenever it may be necessary to open or connect streets within the said cities, or streets lying partly within and partly beyond or place, and Oregon avenue to Wheeler street." the limits thereof. . Mr. MORRELL. Mr. Rpeaker, there are no further bilJs to. SEc. 2. 1.'hat in all cases where any street, avenue, co,unty road, or bring up. suburban street which may be. laid out and established in pursuance of this act or the act of March 2. 1893, aforesaid. shall exceed 80 feet MESSAGE FROM THE SENA.TE. ln width the amount awarded by the court as damages for such hig-h way or p'art thereof condemned and established, together with the entire A message from the Senate, by Mr. PARKINSON, its readjng first or original cost of the improvement, shall be assessed one-thit·d clerk, announced that the Senate had insisted upon its amend a "'ainst the land abutting upon the street or streets to be improved to a ment to the bill (H. R .. 1056) granting a pension to Galon S. depth of 150 feet on each side thereof and the other two-thirds shall be charged to the District of Columbia and the Treasury of the United Clevenger, disagreed to by the House of Representati\es, hnd States in equal proportions, and the damages awarded for all reserva agreed to tl;l.e conference asked by the House on the disagree tions which may be condemned and established shall be charged wholly ing votes of the two Houses thereon, and had appointed hlr. to the Treasury of the United States; that for all streets 80 :Ceet in width or under the entire amount of the damages and the entire first McCUMBER, Mr. ScoTT, and 1\!r. TALIAFERRO as the conferees on or original cost of the improvement shall be assessed one-hal! against the part of the Senate. the abutting propertv on. each side of the improvement to a depth o! The message also announced that the Senate had agreed to 150 feet a~d the other half shall be charged to the District of Columbia. SEC 3. That in all cases where any street, alley, suburban street, or the amendment of the House of Representatives to the bill (S.. county road shall be not more. than 80 feet in width and confine:!· to a ' 849) grantipg an increase of pension to Iloratio Carter. ,. \ 1906. CONGRESSIONAL RECORD-HOUSE. 1715 The message also announced that the Senate had passed toll for such transit over such bridge, and the rates so prescribed shall be the legal rates and shall be the rates demanded and rec'eived for the following resolution: such transit. Resolved, That the Secretary be directed to request the House of Representatives to return to the Senate the bill (H. R. 1330) granting There in that section is conferred upon the Secretary of War an increase of pension to William A. Hildreth, the beneficiary of said the great power of fixing and establishing the rates and tolls bill having died. over bridges across navigable streams in this country ; for in GE~ERAL BRIDGE BILL. stance, the power applies to the bridge at St Louis across to 1\Ir. MANN. Mr. Speaker, I call up the bill H. R. 6009. East St. Louis; at Cairo across the river; at Memphis, and The SPEAKER. The gentleman from Illinois calls up as bridges across the other rivers of this country. It authorizes unfinished business the bill the title of which the Clerk will the Secretary of War to fix the tolls that shall be charged. 1\Ir. report. Speaker, this may be in the estimation of some gentlemen :very The Clerk read as follows : innocent language, but I undertake to say that whenever t~s A bill (H. R. 6009) to regulate the construction of bridges over body confers the great rate-making power on the Secretary of navigable waters. War and withdraws that power from the jurisdiction of the In Mr. UANN'. The bill has been read, 1\tlr. Speaker. I yield terstate Commerce Commission, and also from the various State thirty minutes to the gentleman from Texas [Mr. liENRY]. commissions of the respective States of this Union, and thus 1\Ir. HENRY of Texas. 1\Ir. Speaker, I do not know that I fixes the tolls on the bridges, a great power has been conferred, shall use the thirty minutes that have been yielded to me. It and one that certainly should be handled with conservatism. I . may be, as the gentleman has said, that there is not very much have been reminded that such a provision as this has been in in this bill, that it is not one of very great importance. It is practically all of the bridge bills that have been passed. I be a bill dealing with the general subject of constructing bridges lieve that was the statement, was it not, the other day? I will across navigable streams in the United States. This matter ask the gentleman from Illinois [Mr. MANN]. is a part of the broad subject of interstate commerce. , The Mr. MANN. It is customary to put that provision in all bills bill has been referred to the Committee on Interstate Com where tolls are permitted tQ be charged for passage over the merce and has been reported back by unanimous decision of that bridge. It bas been done for many years, I think. committee, under their power to inquire into questions touch Mr: HENRY of Texas. Now, Mr. Speaker, as a general rule ing the regulation of interstate commerce. It is intended to that is correct, but when the power of fixing rates across these be a bill for the purpose of authorizing railway corporations bridges was conferred upon the Secretary of War originally the to construct bridges across navigable rivers, and yet not once Interstate Commerce Commission bad not been created. A.nd does the bill mention the word " corporation," but only refers because there was no other power to determine this question, to persons. and it must be submitted to some jurisdiction, it was remitted to 1\Ir. MANN. May I interrupt the gentleman to say the gen the jurisdiction of tlm Secretary of War, for the reason that tleman is mistaken? he bad charge of the navigable streams of this country, their · Mr. HENRY of Texas. With pleasure. improvement, etc. 1\Ir. 1\IANN. The last section of the bill provides that the Mr. ADAMSON. Will the gentleman permit an jnterruption '? word "persons" shall include "corporations," so it does men- Mr. HENRY of Texas. I will. tion corporations. · Mr. ADAMSON. I would like to remind the gentleman from 1\Ir. HENRY of Texas. Ob, yes; I was speaking of the first Texas that these provisions in these bills, and the provision in section. It starts out authorizing persons to construct bridges; this bill can, of course, have no application to the hundreds of and winds up in the last clause by saying that "persons " shall cases of bridges across nonnavigable streams which will be mean "corporations." · under the control of the Interstate Commerce Commission, pro In one place it is provided that the plans and specifications vided we ever succeed in passing such a bill. But it is put in and drawings are submitted to the Secretary of War; then, these bridge bills to provide for bridges over navigable rivers, under such provision, whether be approves those plans and in the discretion of the Secretary of War, for the reason that specifications or not, the corporations or persons would be work upon nav:igable streams is done under the supervision of authorized to proceed with the construction of the bridge. The the Secretary of War, and such restrictions and conditions as next clause requires that the plans shall be approved by the we place upon our consent for them to put bridges across navi Secretary of War. In other words, under the first part of the gable rivers are usually for that reason placed within the . dis section, no matter whether the Secretary of War has approved cretion of the Secretary of War. the plans and specifications, the individuals or corporations 1\Ir. HENRY of Texas. So far that is all right. I do not can proceed with the construction of the bridge. object to this question generally being put under the jurisdic Mr. MANN. 1\Iay I interrupt the gentleman? tion of the Secretary of War, but now here is a question of 1\Ir. HENRY of Texas. Yes, sir. rate making for these bridges conferred on the Secretary of Mr. 1\IA.NN. I am not sure but that the gentleman's criti War that be has had heretofore. The time has come when it cism may be correct. At least, it is my intention to ask the should cease. It should be put under the jurisdiction of the House to amend the bill by striking out" or" and insert "nor." Interstate Commerce Commission and the railroad commissions 1\Ir. HENRY of Texas. I think that is correct, and that will of the various States. remove the difficulty. The gentlemen have spoken of the care Mr. ADAMSON. Mr. Chairman, I remind the gentleman that bestowed in the preparation of this bill. With all due respect that power has never yet been given to the Inter.state Commerce to the gentleman from Illinois and other members of the Inter Commission, and we still bear dire threats that it never shall state Commerce Committee, I wish to say that it strikes me that be done. the bill has not been as carefully drawn as it should be on a Mr. HENRY of Texas. With the aid of the "Republican great subject like this. On to-morrow the House begins the party first and the Lord next," we hope we will begin the con consideration of the broad subject of regulating interstate sideration of a bill to-morrow that will pass. commerce, and to-day we have before this body a bill that Mr. ADAMSON. But this House alone can not fix it invades that great subject to a large extent. The language of Mr. HENRY of Texas. We can by an amendment. this bill, it seems to me, has not been chosen with the utmost 1\Ir. MAi"'{N. ' The gentleman will permit me. Of course this precision. bill is designed primarily to shorten the time and labor of the Now, let me refer to one or two other loose expressions in it House in consideration of bridge bills. If it were even proper, The bill requires that the plans and specifications be submitted I think the gentleman is mistaken in thinking it would be proper to the Chief of Engineers and to the Secretary of War. 'l'be to give this power to the Interstate Commission in all cases that Chief of Engineers is under the Secretary of 'Var, and if they would involve controversy, which would prevent the enactment ought to be submitted to the War Department, why not say of this bill into law in all probability. If this bill is enacted that they shall be submitted to the Secretary of War, because now, the law containing this provision giving to the Secretary the Chief of Engineers must act as the Secretary of War says. of War the power-it being admitted that somebody ought to And it seems to me that that might become important under have the power-and then we enact the bill which our committee certain conditions. bas reported and which comE's up for consideration to-morrow, I shall not discuss the various sections. But let me refer to that of itself will confer that power upon the Interstate Com section 3 of this bill, on page 3. In the latter part of that sec merce Commission, so far as it relates to interstate commerce, tion I find this language-and this, I think, is one of the most notwithstanding the provisions of this bill, and to that extent objectionable features of the bill: would repeal the provisions of this bill. So that the difficulty If tolls shall be charged for the transit over any bridge constructed is practically a difficulty, I will say, in legislation. under the provisions of this ac4 of engines, cars, street cars, wagons, Mr. HENRY of Texas. It might and it might not be so con carriages, vehicles, animals, foot passengers, or other passengers, such tolls shall be reasonable and just, and the Secretary of War may, at strued. Only the other day we passed a bill with reference to any time, and from time to tlme, prescribe the reasonable rates of Sabine River, between Louisiana and Texas. There was no pro- > ; 1716 CONGRESSIONAL RECORD- HOUSE. JA.NU.ARY 29, vision fn that bill authorizing the Secretary of War to fix rates, Secretary of War, who can not gi-re this matter his personal at and that was an interstate river. tention, but must necessarily refer it to some assistant or some 1\Ir. 1\I.ANN. If the gentleman will pardon me, we do not put clerk in the War Department. It seems to me that this matter into ordinary bridge bills any reference to the Secretary of War should be relegated to the Interstate Commerce Commission. fL~ing the rate for crossing the bridge. If we pass a bill simply [Applause.] for a railroad, for instance, we do not undertake in any case to Now, Mr. Speaker, how much time have I left? determine the rate over the bridge as apart from the rate over The SPEAKER pro tempore. The gentleman bas eight the railroad ; but in many cases a bridge is erected, however, minutes remaining. over a stream over which there is no railroad, but it is for foot Mr. HENRY of Texas. I yield back the balance of my time passengers and vehicles. It has always been the custom in to the gentleman from Illinois [Mr. MANN]. those bills, where a toll is permitted to be charged, to put in a Mr. MANN. 1\fr. Speaker, I appreciate the difficulties under provision that the Secretary of War shall have the right to fix which the gentleman from Texas labors, as well as the rest of the tolls, in order that the company may not charge extortionate us, in legislation of this sort. We wish to pass a bill which can tolls. be passed without too much waiting in this body, or in another I Mr. HENRY of Texas. I understand the gentleman. body that sometimes acts upon measures. The purpose of this Here is this power conferred upon the Secretary of War. To bill is partly to relieve the House and the committees and the morrow we will begin the consideration of the bill introduced departments of the tedium of constant investigation as to the by the gentleman from Iowa, chairman of the Committee on terms of various bills, and partly in order that bridges shall Interstate and Foreign Commerce, which in its very first section be consn·ucted upon uniform terms. puts all bridges across navigable streams and used in connec When I say to the gentlemen of the House that in the last tion with railroads under the juri diction of the Interstate Com Congress we passed one hundred different bridge bills, all of merce CoDllllission. This may become a very important ques which required the attention of the War Department as to their tion, I say, wherever rates are established or tolls charged, that special provisions, all of which required and received the atten the power establishing rates and tolls should give public hear- tion of the Committee on Interstate and Foreign Commerce as • ings; that the people who complain of them should have the to their provisions, all of which required the attention and time right to go into some forum and make complaint and have·their of the House, both in reading and in consideration of their pro case tried, and not have it adjudicated by some clerk in the War visions, the gentleman will understand the purpose of the bill. Department It is to relieve the Ho31se of this extra labor. It may be that I am magnifying the difficulties of this propo Now, the gentleman from Texas [1\lr. llENBY] snys that it is sition. But let us see. There is a bridge from St. Louis to a mistake to give to the Secretary of War the authority to regu East St. Louis. Millions and millions of tons of freight are car late the . matter of tolls over bridges where tolls are to be ried over that bridge. The reports of the Interstate Commerce charged. Let me first say to the gentleman and to the House Commission inform me that we have bad considerable trouble that that provision does not in any way affect the charging of in reference to the freight rates across that bridge. There have railroad fares. It does not affect the railroad question, or the arisen many controversies. Put it in the power of the Secre regulation of railway rates. That will be left to the Interstate tary of War to fix those rates without a hearing, without a Commerce Commission. But here is a bridge located over a trial, without anyone complaining of them, and then you let stream in a State, for the use of foot passengers, for the use of the Interstate Commerce Commission fix the rates on all the vehicles. The Interstate Commerce Commission has no juris great railways of this country, the charges across the bridge diction.and no method of trying that case. being a part of the freight rate; then you have rates fixed by Mr. HENRY of Texas. Will the gentleman permit me to in- two different jurisdictions--one, in an arbitrary manne:r, by the terrupt him? _ Secretary of War, the other by the Interstate Commerce Com Mr. MANN. Certainly. mission, upon bearing and with a public trial. Is it not easy Mr. HENRY of Texas. Do you contend that because a river to understand how freight from many of the commercial centers happens to be wholly within a State, and not between two States of the country, from a vast section, from many States in the it can not be a navigable stream and can not be under the juris: Union, might be diverted or changed by a charge across one of diction of the Secretary of War for the improvement of rivers these important bridges? Is it not easy to see that there might and harbors? be that conflict of jurisdiction? I submit to the House, in all Mr. MANN. The gentleman entirely misunderstood me. candor, that it would be better to put these great bridges of the Mr. HENRY of Texas. I understood you to say that a river country under the jurisdiction of the Interstate Commerce Com within a State and a bridge across that river could not come mission, a body, in my judgment, admirably equipped to ascer within the jurisdiction of the Interstate Commerce Commission. tain what the true charges and tolls should be, not only upon Mr. MANN. I said that a bridge wholly within a State was the railroads of the country, but across the bridges, which are not under the jurisdiction of the Interstate Commerce Commis· a part and parcel of them. sion as to fixing the rate of fare over it, and it is not. That feature of section 3 should be stricken out so as to put Mr. HENRY of Texas. But it could be if it was a navigable this question under the jurisdiction of the Interstate C-ommerce river, could it not? Commission. With that out of it I see no particular objection Mr. MANN. There is no provision now in law, and there will to the bill; but with that section in there-withdrawing the be none by any bill that has passed, giving that power to the bridges from the jurisdiction of the Interstate Commerce Com Interstate Commerce Commi sion. mission and from the jurisdiction of every railroad commission I agree with the gentleman that in this bill we could reserve in every State in this Union-there is danger in such legisla that power, but here is a bridge from a town to the other side tion, and there is certainly a very serious prospect of a conflict of the river, the town being located on one side of that river. of jurisdiction. The bridge is built, not for railway purposes, but for wagons nnd . Then you go to section 4, and you find that there is an effort the travel over it-for passengers and traffic wholly within the to fix a penalty. Now, listen to the language used to fix a' State. Now, the Interstate Commerce Commission has no juris penalty: diction-- That any persons who shall fall or refuse to comply with the lawfnl 1\fr. HENRY of Texas. I know it has not, but the Commis· order of the Secretary of War or the Chief of Engineers, made in accord sion could certainly be ve ted with the jurisdiction to fix the ance with the provisions of this act. shall be deemed guilty of a viola rates over a bridge of that sort that might impede navigation of tion of this act, and any persons who shall be guilty of a violation of this act shall be deemed guilty of a misdemeanor and on conviction a river of that kind, else bow could Congress take jurisdiction thereof shall be punished by a fine not ~xceeding 5,000, and every o-rer a river wholly within a State for purposes of making it month such persons shall ·remain in default shall be deemed a new open to navigation, except under the bill regulating interstate oll'ense and subject such persons to additional penalites therefor. commerce? What court has jurisdiction? Is it a civil penalty or is it a Mr. MANN. If the gentleman will pardon me, the power penal statute imposing a fine? Is that language plain enough? which Congress bas over streams wholly within the State is a Is it intelligible? Under that power could you haul up the offi negative power. We have power and control over the streams cers of a railroad who violate the provisions of this statute and to say that a bridge company can not con truct a bridge except punish them when no reference is made to corporations except upon certain terms, but we could not force tile construction of in the last section of this bill? On a great subject like this the bridge. It is tr·ue we can reserve in this bill, or in any bill should not more care be required in expressing the will and in we pass, the power of the Secretary of War to regulate the tolls, tention of Congress? or giye the Interstate Commerce Commission power to regulate Such uggestions I desired to make, and believe that they are the rates. But. the Inter ~ tate Commerce Commission would appropriate to the subject, that this measure should not contain not proceed under the power which we propose to confer upon such a provision, authorizing the construction of bridges for all it by the Hepburn bill or which it now has for the regulation of future time in this country, conferring unbridled power upon the interstate commerce, and there is no procedure provided for. 1906. J OONGRESSIONAL REOORD-HOUSE. ·17 17 Naw, it does not seem to the committee--and remember, gen itself, but the Government does not interfere with the rignt to tlemen, that the same committee which reported this bill into do this. In other words, the power of the Government is not the House unanimously (and this specific matter was consid exercised to tegnlate interstate commerce, but to prevent the ered by the committee) has also unanimously reported a bill interference with navigation and navigable streams, and the giving the Interstate Commerce Cotn.tnission the power to :fix Government merely waives its right in behalf of persons who rates-we did not think it was feasible to put upon the Inter must abtain their authority elsewhere. state Commerce Commission, which wiU have work enough to Ur. SHEPPARD. Mr. Speaker, may I ask the gentleman a do to regulate railway rates, the duty of deter1nining what question? should Ire the rate for foot passengers and vehicles passing 1\Ir. UANN. I yield to the gentleman. over a local bridge. The matter does not interfere or affect 1\-Ir. SHEPPARD. Under the gentleman's bill, what oppot· the general railway rates or railway lines. The Interstate tunfty would one have to express his opposition to certain Commerce Commission will ha.ve all the power that would bridge bills? Would he have to go to the Secretary of War? otherwise be conferred upon it to say what the rates will be Mr. MANN. Under this bill, -Mr. Speaker, there must still from one paint to another, although the traffic passes over a be a bill passed through Congress in each case. It has not been bridge ; and this will not interfere with that authority. It is considered desirable by the co11IIl1ittee reporting the bill to trans purely a practical question, I will say to the gentleman from fer the whole authority to the Secretary of War. I may say to Texas, and this decision was arrived at after considerable the gentleman that up to within a few years ago there was no study. It may be that we are mistaken, because we are not Federal control over the matter of building bridges over streams, proud of our opinions ; it is likely we may be mistaken, but the and the result was that until Congress assumed control of that committee dealing with the question believed it was better to matter it became a common thing to erect bridges which did follow the precedents upon the subject and leave to the Secre interfere with navigation, and all over the country there are tary of War, after bearing, the authority to decide, not for the now bridges which do interfere with navigation, put there be regulation of commerce between the States, but for the protec fore Congress prohibited that. Finally Congress passed a law tion of the local people desiring to use it. providing that no bridges should Ire built across navigable :Mr. HENRY of Texas. If the gentleman will allow me------streams until the consent of Congress should be obtained, except ·1\fr. 1\IANN. Certainly. . . that in rivers wholly navigable within a State the Secretary of 1\Ir. HENRY of Texas. In Texas we are about to open up 'Var might give that consent. This bill simply provides that two great rivers to navigation. We have begun a system of when Congress shall hereafter grant a:uthority to build a bridge locks and dams on two of these rivers, the Trinity and the it shall be upon the terms named in this bill, the terms being Brazos rivers. Does the gentleman contend that the language those usually insisted upon by the committee of the two Houses ..of this bill does not authorize the Secretary of War to :fix the having jurisdiction, and by Congress itself. . toll charges across bridges that ru·e to be constructed hereafter 1\Ir. SHEPPARD. And special bills must be introduced hel'e over these streams to the exclusion of the railroad commission after? of the State of Texas? In other words, is not the language Mr. MA.NNr Special . bills ·will still have to be brought in, plain that if hereafter a bridge is authorized over a stream the theory of the committee being that the 1\Iember of Congress that the· Government has begun to improve by a system of locks from the di-Strict is, after all, the best one to judge in ordinary • ·and dams, that then the State government will have no jurisdic cases as to whether the bridge should be permitted to be con tion to determine the question of tolls because it has already structed at all at the place, lrut that uniform regulations ought been lodged in the Federal Government-in the War Depart to be provided in those cases, unless exceptional circumstances ment? exist ; and if exceptional circumstances do exist in any case, the --:---.. . Mr; MANN. Will the gentleman tell me whether both of Member of Congress from the district who introduces the bill these rivers are wholly within the State of Texas so far. as can make provision for that in his bill and show the excepti-onal their navigability is concerned? circumstances. Mr-. HENRY of Texas. That makes no difference. Mr. SHEPPARD. How will a saving of time be effected if Mr. ?ti.ANN. Will the gentleman kindly answer? bills must still be introduced as heretofore and receive consid Mr. HENRY of Texas. They are wholly within the State. eration as heretofore? Mr. MANN. Then this bill does not apply to them a.t an. Mr. MANN. As I say, we passed throogh the last CongTess 1\fr. HENRY of Texas. It can apply to them, and that is the 100 different bridge bills. The ordinary bill covers from one·to contention I am making. In the case of Gibbons against Ogden :five pages of the bill page size, ·and covers a considerable space in it was decided that the rivers that run through the State could the statutes. If this bill be enacted into law all that will be be a part of interstate commerce; it was a traffic that moved required in an ordina-ry case will be the introduction of a bill over the river, and here you are withdrawing it from the power which will read like this: of the State to control it as far us the bridges are concer ned. B e it enacted, eta., That the John Doo Railroad Company its sue-· Mr. MANN. The law now provides that the Secretary of War CeSSOl.'S and assignS, be, and they are hereby..!. authorized to construct maintain, and operate a bridge across tht:: liicha.rd Roe River, at or may regulate the construction of bridges over rivers wholly near Black Ac-r·e, in the State of ---, m accordance with the pro ,within the State. I do not think this bill applies to any river in visions of the act entitled "An act to regulate tbe construction of the State of Texas. . bridges over navigable waters, approved ------, 190-.'' · 1\Ir. HENRY of Texas. I am afraid it does. l\1r. BURTON of Ohio. Mr. Spe-aker, will the gentleman fTom 1\Ir. MANN. The gentleman ought to be willing to take our Illinois yield for a questian? statement as to the law. The law now provides that the Secre l\fr. MANN. I yield. i tary of War may :fix conditions upon which he permits bridges Mr; BURTON of Ohio. I would like to ask the gentleman to be erected wholly within the State. from Illinois if the question has been considered whether it Mr. HENRY of 'l'exas. But not that he shall :fix the rates would not be well to insert a provision that a public hearing n.nd charges. shall be granted before the privilege of constructing a bridge Mr. MANN. But he can reserve that right. is given? I will say in that connection that in many instances 1\fr. HENRY of Texas. The law as it now exists does not bridges have been constructed across navigable streams which give any such authority, only that he shall control the con proved a seiious obstruction to navigation, and the nature of the struction of the bridges. obsh·uction was not understood until the structure bad actually Mr. . GARR ETT. Mr. Speaker, may I ask the gentleman a appeared. · question? Mr. MANN. I will say to the gentleman from Ohio that that · The SPEAKER pro tempore. Does the gentleman yield? matter has been considered. It is not the practice in ordinary Mr. MANN. I yield. bills to require a public hearing to be had, and undoubtedly Mr. GARRETT. To what extent does the power of the Sec would meet with some objection. Now, these bills still have to l:'etary of War now go on streams wholly within the limits of pass through Congress, and if the gentleman has observed in the St..'lte? That is, what is the extent of the -power of the these matters, as doubtless he has, when a bridge bill is passed respective legislatures of the States and the extent of the power through Congress notice is always given in the press generally, of the Secretary of War in regard to the construction of bridges and especially in the local press in that lo-cality, so that people across strean1s ? are put upon notice, and it is the uniform custom of the War Mr. MANN. As I said before, the right, so far as the Govern Department, where protest is made, to grant a hearing upon these ment is concerned, is a mere license, a right to prevent the con propo ·ition . . struction of bridges, and under t he existing statute the Secre Mr. BURTON of Ohio. That is, for the local engineer to grant tary of War is authorized, so far as the Government is con a~~~ - cerm:d, to give consent to the erection of bridges over an;y Mr. MANN. For the local engineer and even for the Chief stream wholly within the limits ·of a State. Of course, the of Engineers in Washington, for either to grant a hearing if power to construct the bridges must be derived from the State requested. · 1718 CONGRESSIONAL RECORD-HOUSE. J .ANU.ARY 29, l\fr. BURTON of Ohio. I would like to ask further in regard discrimination as might arise from the framing of separate bills to a provision granting the right to other companies to obtain for each bridge will be prevented'. the use of the bridge under such regulations as the Secretary of Mr. CLARK of Missouri. Mr. Speaker, I would like to War may prescribe. Was it thought best to omit that provision? ask the gentleman from Ohio [Mr. BURTON] one question. Mr. MANN. We provide here that if tolls shall be charged, The SPEAKER pro tempore. Does the gentleman from Ohio then the Secretary of War shall fix the tolls. That practically yield to the gentleman from Missouri? means fixing it so that anybody can use the bridge, and if a com :Mr. BURTON of Ohio. Certainly. pany desires to build a bridge solely for its own use we have not Mr. CLARK of Missouri. Has the gentleman ever consid considered that it should be required thereafter to turn the ered the proposition of taking this bridge-bill business clear bridge over to the use of some other company. out of the House by some sort of a general bill? Mr. BURTON of Ohio. Is it not true that the impediment Mr. BURTON of Ohio. I do not think it would be possible. to navigation would be greatly lessened if in some cases two There have been a couple of decisions of the Supreme Court or three or even four railways might occupy the same bridge upon that subject. This bill refers, as regards the making of and they could do so without inconveniencing themselves? regulations and the modifications, merely to bridges hereafter Mr. MANN. Undoubtedly that is true in some cases, and to be constructed or authorized. It would be very doubtful we have considered that in such cases the Secretary of War, whether the Secretary of War could demand that a modification who reports upon all these bridge bills which are introduced, could be made in a bridge already constructed without any will so inform the committee or the Member of Congress who restrictions. introduces the bill that we may put in a provision to that effect, 1\fr. CLARK of Missouri. What I was trying to get at is this: but it is not desirable, as a general thing, to require a com All of us are sick and tired of passing bridge bills here ; and pany which builds a bridge to give the use of it to some other what I was trying to find out was, is there any way to pass a company. bill here that would confer on anybody the power to take Mr. BURTON of Ohio. One question about the phraseology charge of the whole subject, so that we will never hear of any of the bill. On page 4, section 4, at the beginning it is provided more of these bridge bills? that any persons who shall fail or refuse to comply with a Mr. BURTON of Ohio. I do not think so. It seems to me lawful order issued by the Secretary of War or Chief of Engi the legislature should act upon the questions of policy involved neers, made in accordance with the provisions of this act, in the building of bridges. Suppose a railway desires to build etc. I do not notice on a cursory reading where the Chief of a bridge across a river without a draw, and the navigation Engineers has the right to make affirmative orders which must interests desire that there shall be one. The question raised is be observed. Are not the orders with reference to modifica the comparative hardship which the two interests wi!l suffer tion, etc., all made by the Secretary of War? and the general policy to be pursued. The legislature, and not Mr. MANN. I think it may be that the criticism is just. an executive body, should decide. We have originally, in section 3, a provision giving the Sec Mr. CRUMPACKER. I have in mind the gentleman's state retary of War and Chief of Engineers authority to make an ment about the power of Congress to authorize the Secretary order notifying persons to change a bridge, and we strike out of War or some other Department bead to take charge of the of that the Chief of Engineers, leaving the order to the Secre- business of bridge building. The courts, it is true, have held tary of W m·. ' that the building of bridges over navigable waters is a regulation Mr. BURTON of Ohio. Well, should not the words "or of commerce, but I think, under the decisions of the courts, that Chief of Engineers " be stricken out in lines 9 and 10, on page 4? Congress would have the power to provide that any corporation Mr. MANN. Well, there is a provision in section 4, in an or individual could build a bridge over any navigable stream other place on page 5 : upon certain conditions and with certain safeguards, and Con gress then authorize the Secretary of War, for instance, to as Or the order or direction of the Secretary of War or Chief of Engi neers made in pursuance thereof may be enforced by injunction. certain as a matter of fact whether the conditions existed or the safeguards were followed, and certify the fact ; and the Mr. BURTON of Ohio. The thought of the committee, I corporation who received the certificate would be authorized take it, was it would do no harm to have it there? then to go on and construct a bridge; and that would not be, Mr. MANN. The gentleman understands, I think, very well-· within the meaning of the law, a delegation of legislative power, the other Members of the House ought to-that in framing the but simply the ascertainment of the facts. And it occurred . bill the way we have and saying the Secretary of War and to me that a bill might well be prepared conferring in that way Chief of Engineers, we have followed the lead of the very dis the whole business upon the Secretary of War, unless there is tinguished gentleman himself who is chairman of the Committee some reason why the Congress wanted to reserve that power on RiVE.'='S and Harbors. I am not entirely certain that the itself, and there may be reasons why it should do so. - Chief of Engineers ought to appear in here at all, but we have Mr. BURTON of Ohio. I question very much whether that taken the lead of the gentleman who has inserted this item could be done as a matter of legal power. The regulations invariably in the river and harbor appropriation bills, conclud would be of so great a variety and the discretion would be so ing it is his superior knowledge and his superior judgment upon very large it seems to me it could not be conferred on the Ex the subject. ecutive Department. But as a question of general policy, in ad Mr. BURTON of Ohio. I think I may say to the gentleman dition to what I have said, I do not believe it would be best. it was not due to knowledge, but to experience. There have There are numerous cases in the country where the question been at least two cases where the Chief of Engineers made regu arises as to which is the best way to build a bridge, whetber lations for safeguarding navigation in which cases the Secre near to the level of the water or well elevated above it; whether tary of War overruled him, and I think very much to the disad with or without a draw; also which is the more important, to vantage of navigation. accommodate traffic across it or navigation through or under it. Mr. MANN. I have always followed the lead of the distin There is also the question whether a bridge should be built at guished gentleman from Ohio on all matters relating to rivers all. These questions are of such national importance that it and harbors, and I have had no doubt he had the best of reasons would seem to me entirely undesirable to leave them to the dis for putting in the river and harbor act of 1899 and other acts cretion of an executive officer. the words "Secretary of War and Chief of Engineers," and so Mr. CRUMPACKER. If the gentleman bases his objection we followed that provision. upon the question of policy he is right. But I think there is no Mr. BURTON of Ohio. Of course it is known that these ques doubt about the power of Congress to confer that authority in tions in the first instance are referred to the Chief of Engineers, this way-- and his conclusions are, at least in a great majority of cases, Mr. MANN. Whether Congress has the power or not, the fact accepted with only very partial consideration by. the Secret.:1.ry is that when Congress did not exercise authority over this mat of War-if the gentleman will yield to me for a moment. ter of bridge building bridges were constructed all over the land Mr. MANN. How much time have I remaining, Mr. Speaker? which then did or do now obstruct navigation, and there has The S:t>EAKER pro tempore. The gentleman from Illinois yet been found no way of removing many of those obstructions, has seventeen minutes remaining. so that probably the jurisdiction of Congress is well retained. l\Ir. MANN. I yield to the gentleman from Ohio. I yield five minutes to the gentleman from Georgia [Mr. Mr. BURTON of Ohio. Only for a moment. I thoroughly ADAMSON). believe in a general way in this bill. It prevents encumbering Mr. ADAMSON. Mr. Speaker, I am very much obliged to the statutes with these lengthy provisions which are in almost my friend the gentleman from Illinois [Mr. MANN], but I feel exactly the same language. It saves the time of the House and very well satisfied with the manner in which he has maintained of the committee. There is another good result which will nat the cause of the committee before the House. As to the ques urally follow which has not been mentioned, namely, that regu tions suggested by various gentlemen, however, I wish to re-. lations and provisions will be uniform, and .such favoritism or mark that even if there were no legal doubt involved as to the 1906. OONGREBSIONAiJ 'RECORD-H-OUsE. 1119 possibility and practicability .uf providing to relegate this entire the construction 'Of the -bridge is wholly within the limits of :subject to the Secretary of War or any other authority, yet the the ·State it does not requi:re- an act of Congress for that bridge. practical and desirable consideration remains that exceptional 1\lr. ADAMSON. 'l'hat is correct. conditions might often present themselves, rendering it desir Mr. GARRE'lT. That is a matter of general law, passed by able that Congress should llave reserved to itself the power in all the 'State legislatures, for the construction of bridges-at order that special and exceptional provisions ·might be inserted least it is in my State-prescribing the gener:.al condition under ln u hill to construct a particular bridge. which a bridge ean =be consb.·ucted. · · As to the -modus operandi, the procedure -after this bill is Mr. ADAMSON. We ·do not ~barter a bridge eo.mpany; we adopted will be clear and simple. Heretofore when bills were simply grant ronsent that .a bridge may be constructed across a introduced for the construction of bridges they were very long. stream and impose the conditions of our consent. If the stream If not so when originally introduced, they were made so by is entirely within .a State, the conditions ·are impos-ed by the . amendments before they became law, containing the provisions Secretary of War without coming to Con.:,uress . ,which are thought by many of us in the course of legislation to be :Mr. GARRETT. Do you :understand ·the Secretary of War to _necessary to make the bills comply with the :proper re.gulations have the same power and authority to prescribe tolls as he of bridge construction. In this ·bill we seek .to avoid the neces -chooses over eve-ry bTidge that -spans a stream running wholly sity for every committeeman .and every Congressman and Sena,. in a Sta±e ·as he has over a stream that is interstate in char· tor and the Executive and everybody else who touches it to acter? ·scan and study ;ill these provisions in each separate bill. We Mr. ADAMSON. I do not remember exactly the language simply refer to this bill and say such and such a corporation or used in that act of 1899 -about ·tolls, 'Or whether the word is .varty shall be authorized to build .a bridge ip. conformity with used or not. I only know that it prov.ides that the bridge may "this act. If any special conditions render special pro-visions de be construc-ted under such regulations and specifications as may sirable, we can add them to that short bill. be approved by the Secretary of War. · _ c · Now, as to the question raised by the :gentleman from Texas 111r. -GARRETT. The point ·I am trying to get at is whether [1\fr. HENRY], I suggest to him and other Members of the House this particular bill here increases the power of the Secretary of that the jurisdictions of the Interstate Commerce CQilllllission 'Varin regard to tolls in any way. and the Secretary of War over the control of bridges 1tre not Mr. ADAMSON.- It does not touch the power of th-e Secretary identical in extent nor are they even parallel. For instance, a of 'Var in the cases mentioned in the act of '1899 and has no bridge may be regulated by the Secretary .of War because it is · relation to them, as T understand the matter. . over a stream whiCh, touching more than one State, the Gov Mr. MANN. Mr. Speaker, there are several typographical ernment may .at any time, at its .pleasure, undertake to improve -errors in the bill, which I should like to correct. In line 11. ,with a view to navigation. Yet that bridge, when constructed page 1, I move to ·amend by ·striking out •• or" and inserting over that sb.·eam, might ne-ver be used in interstate commerce, "nor." but for entirely local accommodation .and not subject to the The S·PEAKER · pro tempore. The Clerk -will repor.t th.e !interstate-commerce ·act at all. Such instances will comprise amendment. .far .the .greatest number of cases contemplated by this bilL The Clerk read as follows-: On the conb.·ary, a bridge over a very -small, .insignificant On page .1, line 11, strike out "or" .and insert "nor." stream, nonnavigable and ·entirely within a State, which the The amendment was agreed to. jurisdicti9n of the Secreta.J::y of War will never touch, _may Mr. MANN. In line 9, page 3, strike out the word "unob· nevertheless be under the control of the Interstate Commerce .structive" and insert the word "unobstructed." Commission, because it is a part of a through route for inter The "SPEAKER ·pro tempore. The Clerk will :report the state commerce. I do not think there is any trouble about any amendment. of the .matters suggested by my distinguished friend from 'The Clerk read as follows : Texas [Mr. HENRY]. The committee has given due attention On page 3, line 9, · change the word _" unobsi:rnctive " to " unob to this entire subject. For years we have endeavored to secure structed." legislation of this sort, to do which required provisi_ons which The amendment was agreed to. should be sufficiently satisfactory to a sufficient number .of the ·Mr. MANN. In line 20, page 4, the word" work" should ,be Members of Congress to insure its passage. We tried to made .plural-" works." irame one which would promise all possible benefit, .if not -entire The amendment was read, as follows : .satisfaction, to everybody, which is usually impossible. This 'bill has secured the sanction of every member of the committee. On page 4, line 20, insert a letter " s " after the word " work.'' It comes here with a unanimous report, and I believe it is as The amendment was .agreed to. nearly satisfactory to the Members .of this House as it is possi J.\k. .MANN. In line 12, page -6, I propose to amend by insert· ble to .make a similar bill. ing after the word "include" -the -words .... municipalities, quasi l\Ir. GARRETT. Will the gentleman allow me to :ask him a .municipal CQr_porations ; " so that the section will rea(l: question? . .That the word " persons " shnll include municipalities, quasi munici· · 1\Ir. STEPHENS of Texas. May I ask the gentleman a ques pal corporations, corporations, companies, and associations. . tion? Tlle SPEAKER pro tempore. The Clerk will report the 1\fr. ADAMSON. The . gentleman from Tennessee asked me amendment. ·. ·first, and I yield to him. • · · The Clerk read as follows : J\!r. GARRETT. The law .now is, if I understand it cor Aft-er the ·word ,., include·," 1n line 12, 1page 6, insert the words rectly, that the Secretary of War may prescribe reasonable "municipalities, quasi municipal corporations." rates of tolls to be charged for passage over .any .bridge that is The amendment was agreed to. constructed under authority of a special act of Congress. 1\Ir. MANN. I now yield to ·the .gentlema:n from Texas [Ur. The SPEAKER pro tempore. The time of the gentleman has HENRY], who wishes to offer an amendment . expired. 1\Ir. HENRY of Texas. ·Mr. Speaker, I offer an amendment l\lr~ 1\I.ANN. How much time have I remaining, Mr. Speaker? · in line 3, page 1, after the word "any," to insert the words The SPEAKER pro tempore. The gentleman has six min- "corporation or." utes remaining. · The SPEAKER pro tempore. The gentleiilcw ft•om · Texas 1\Ir. MANN. I yield two .minutes to the gentleman from offers an amendment, which the Clerk will report. Qeorgia. - The Clerk read as follows : 1\Ir. GARRETT. As I understand, the law now is that the · After 1:he -word "any," in line .3, page 1, insert " corporation or:" Secretary of War may prescribe the toll or rate which· shall Mr. MANN. I may ·Say that it is all included in the bill at be charged over a bridge ·that is constructed under .a special .act present. · · :Of Congress as to bridges over streams wholly within a State. The question was taken on the amendment, and it was rejected. Mr. ADAMSON. As to the specific language about toll or Mr. HENRY of Texas. Now I offer· this amendment, o11· page rates, I do not remember, but this I will say: I will refer the 4, line 3. • ·· v · gentleman to the river and harbor act of 1899, I believe it was, The SPEAKER pro tempore.: The Clerk will report the amend· in which authority is conferred upon the Secretary of War to ment of the gentleman. regulate and provide for and approve provisionS for the con The Dlerk read -as follows-: struction of any bridge where the stream is entirely within one In line · 3, page 4, strike ' out " Secreta·ry· of War., and inser_t "Inter~ State. The general tenor of the act is that he shall have state Commerce Commission ~ ' · .· . . .-_ · - - • · entiTe control of the construction of such bridge without the· 1\Ir. ·HENRY of Texas. 1\fr. Speaker, that is an amendment necessity of coming to Congress. As to what the exact word~ taking the power of fixing tolls away from the Secretary of wa·:t are about toll, I do not undertake to state. · and plaehrg it under th-e jurisdiction of the ·rnterstate Commerce l\Ir~ GARRETT. The law, .as I nnderst.:wd it, is that ;where Commission. 1720 CONGRESSIONAL .. RECORD-~ HOUSE. · JANUARY 29; ------The question being taken on the amendment of Mr. HENRY of Mr. CLARK of Missouri. I ain glad to hear it. Texas, the Speaker pro tempore announced that the noes ap Mr. MANN. That is one reason why we are trying to pass peared to have it. this bill. Mr. HENRY of Texas. Division! · The SPEAKER pro tempore. The question is on the amend· The House divided; and there were--ayes '18, noes 39. ment offered by the gentleman from Texas. Accordingly the amendment was rejected. _ The question. was taken, and the amendment was rejected. Mr. HENRY of Texas. Mr. Speaker, I offer another amend The SPEAKER pro tempore. There are certain committee ment, on page 4, in line 14, to insert the words" in any court of amendments, and if there is no objection, they will be consid~ competent jurisdiction " after the word :·punished." ered together. - The SPEAKER pro tempore. The gentleman from Texas of The question was taken, and the committee amendments were fers an amendment, which the Clerk will report. agreed to. 'l'he Clerk read as follows : The bill was ordered to be engrossed and read a third time ; After the word "punished," in_ line 14, pag~ 4, insert "in any and it was read the third time, and passed. court of competent jurisdiction." _ . On motion of Mr. MANN, a motion to reconsider the vote Mr. MANN. There is no objection to . that amendnient. I whereby the bill was passed was laid on the table. think it is covered by the bill. I know it is covered by existing law. - · - CHANGE OF REFERENCE. The amendment was agreed to. . By unanimous consent, reference was changed of the bql Mr. HENRY of Texas. Now, one more amendment. In (S. 3001) granting an increase of pension to Juliet A. line ,15, page 4, I move to strike out tJle word " month " and Bainbridge-Hoff and an act (S. 2879) granting an increase of insert the word " day ; " and after the word " persons " insert pension to Mary J. Hoge, from the Committee on Invalid Pen· " or corporations." sions to the Committe~ on Pensions. · The SPEAKER pro tempore. The Clerk will report the WILLIAM A. HILDRETH. amendment. · The SPEAKER laid before the House the following request The Clerk read as follows: from the Senate of the United .States: In line 15, page,4, strike out "month" and insert "day;" and after the word "persons" insert "or corporations." IN THE SENATE OF THE UNITED STATES, January 29, 1906. Mr. HENRY of Texas. Under ·the language of the bill one Resolved, That the Secretary be directed to request the House of Rep of these officials, or anyone violating the act, ·must violate it resentatives to return to the Senate the bill H. R. 1330, granting an for a month before he bec.:Omes amenable · to punishment, and increase of pension to William A. Hildreth, the beneficiary of said bill having died. , I say that each day ought to be a sep~ate offense. That is the effect of niy amendment: The words "or corporation" The resolution was agreed to. were explained heretofore when I ~ffered _the other amend- WILLIAM RADCLIFFE. merit, on ·pa-ge 1. · - The SPEAKER laid before the House the following message Mr. MAJ\TN. Mr. Speaker, the gentleman from Texas is mis from the President of the United States; which was read, re- taken about its being neces~acy tp vio}!lte the act for a mop.th ferred to the Committee on Claims, and ordered printed. · to make it an offense. It is not proposed to make it $5,000 a The Senate and House of Representatives: · day because that is too onerous; $5,000 a month is onerous I transmit herewith a report by the Secretary of State, with nccom enough. panying papers, concerning the claim of the British subject, William Mr. HENRY of· Texas. Does it not say that every month Radcliffe, for compensation for the destruction of his fish hatchery and other property at the hands of a mob in Delta, Colo., in the summer they shall remain in default shall b~ an offense? of 1901. , Mr. MANN. A new offense, a distinction the gentleman will I renew the recommendation which I made to the Congress on April recognize. 14, 1904, that as an act of equity and comity provision be made for the payment of the sum of $25,000 to Mr. Radcliffe in full settlement Mr. HENRY o"! TexaS. It n:iust eJ..'i:end over a month. Let of his claim. them quit violating the law. THEODORE ROOSEVELT. Mr. MANN. There may be a conflict as to whether they THE WHITE HousE, January 29, 1906. have violated the law. BUREAU OF ANIMAL INDUSTRY. Mr. STEPHENS of Texas. Will the gentleman allow an The SPEAKER also laid before the House the following mes· interruption? sage from the .President of the United States; which was read, Mr. MANN. Certainly. referred to . the Committee on Agriculture, and ordered printed. Mr. STEPHENS of Texas. Does the gentleman think that To the Senate and House of Representatives: parties holding such monopoly as is held in St. Louis and 1\Iem I transmit herewith a report, by the Secretary of Agriculture, of the phis could well afford to pay $5,000 a month~ operations of the Bureau of Animal Industry of that Department, fdr Mr. MANN. I will say to the gentleman that if such a case tbe fiscal year ended June 30, 1905, in .compliance with tbe require ments of section 11 of the act approved May 29, 1884, for the estab arises we are authorized under this bill to proceed by mandamus lishment of.. that Bureau. or injunction. There is a summary process provided for in this THEODORE ROOSEVELT. bil1. THE WHITE HOUSE, January 29, 1906. Mr. STEPHENS of Texas. They levy a toll of 25 cents on ~ REQUIRING RETURNS FROM CORPORATIONS. each man and $5 a car to cross that bridge. Mr. JENKINS (when the Committee on the Judiciary was Mr. MANN. Under this bill we could settle that by an in called). Mr. Speaker, I am directed by the Committee on the junction or mandamus or other similar process. We provide a Judiciary to call up the bill (J;I. R. 2) requiring all corpora· method in here for settling just such questions of that sort. tions engaged in interstate commerce to make returns, and for 1r. STEPHENS of Texas. Is it not possible if you grant the other purposes, which I send to the desk and ask to have read. right to charge for fixed tolls it may be abused? The Clerk read as follows : 1\fr. MANN. It can not be abused, because we give authority Be it enacted, etc., That every ·corporation which may be hereafter to enforce .the order of the Secretary of War by mandamus organized shall, at the time of engaging in interstate or foreign com proceeding. · merce, file the return hereinafter provided for, and every corporation, 1\fi·. CLARK of Missouri. Let me ask the gentleman a ques whenever organized and engaged in interstate or foreign commerce, shall file annually, on or before February 1 of each year, a return with tion. the Commissioner of Corporations for the year ending the preceding Mr. MANN. Very well. December 31, stating its name, date of organization, where and when Mr. CLARK of Missouri. Do you or do you not know that in organized, giving· statutes under which it is organized, and all amend ments thereof; if consolidated, naming constituent companies and the fn.ce of the chart~r w;tlich provided that these bridges should where· and when organized, with the same information as to such con never be owned by the same corporation, they have gone to stituent companies, so far as applicable, as is herein required of such work and consolidated the ownership so that they absolutely corporation ; if reorganized, name of original corporation or corpora tions, with full reference to laws under which all the reorganizations contro·l the price of every. car that goes into St. Louis, and that have taken place, with the same information as to all prior compa th~y hav·e been trying to get the Secretary of War, for twelve nies in the chain of reorganization, so far as applicable, as is herein months, to vacate the ~barter of the Merchants Bridge and have required-of such corporation; amount of b()nds issued and outstanding; amount of authorized capital stock, shares into which it is divided, nof succeeded, and St. Louis is as completely sewed up as if it par value, whether common or preferred, and distinction between each; were in a sack, as far as getting into it is concerned. It costs amount issued and outstanding; amount paid in; bow much, if any, more to take a carload of coal across that bridge than it does paid in cash, and how much, if any, in property ; if any part in prop erty, describing in detail the kind, character, and location, with its to haul it ·from central IlHnois to St Louis. cash market value at the time it was received in payment, giving the Mr. MANN. I am perfectly famil~ar with that case. The .elements upon which said market value is based, and especially whether committee of which I ani a member has reported bills to remedy in whole or in part upon the capitalization of earnings, earning ca pacity, or economies, with the date and the cash price paid therefor it. · If the old bridge had been constructed under the operation at its last sale; the name and address of each officer, managing ae-ent, of 'this bill there would be no difficulty about it at all. and director; a true and correct copy of its articles of incorporation; 1906. CONGRESSIONAL RECORD-HOUSE. 1721 a full, true, and correct copy of any and all rules, regulations, and gaged ln interstate commerce to which ".An act to regulate commerce," by-laws adopted for the management and control ·of its business and applies. the direction of its officers, managing agents, and directors. Nothing ap~~~~~~ ~h~~u%1s 4ac18~~i 1~nt~ka;l e~~;rdments: herein contained shall be construed as relieving any corporation from l\fr. JENKINS. Mr. Speaker, I desire to yield to the geutle making, in addition to the foregoing, such returns as are now required by the ".Act to regulate commerce," approved February 4, 1887, and man from Maine [Mr. LITTLEFIELD] such time as he may require all amendments thereof, nor as relieving any corporation, corporate for the purpose of making amendments. combination, or joint-stock company from any duty or liability im Mr. HEPBURN. Mr. Speaker, u parliamentary inquiry. posed by the ".Act to establish the Department of Commerce and La bor," approved February 14, 1903, nor as limiting or restraining the The SPEAKER The gentleman will state it. powers conferred upon the Commission by said act ; but the J)rovisions 1\fr. HEPBURN. Mr. Speaker, I would like to know how this of this act,' as to signing and making oath to returns and making bill is now before the House. · answers on oath to written inquiries, shall be applfcable to returns and such answers made under said act and amendments thereof. The SPEAKER. It is before the House on a call of com So far as any return may be a duplicate of one already filed hereun mittees. der, that fact may be stated, and the details which are in such case Mr. HEPBURN. Then, :Mr. Speaker, I desire to raise a duplicates need not be repeated. Upon its being made to appear to the satisfaction of the Commissi poration that, directly or lndirectlf, shall knowingly receive -from any for very few dare to be ln competition with the great trusts. common carrier any benefit or advantage by any unlawful. rebate. con cession, preference, gratuity, or discrimination in respect of the trans Those who are injured are those who are kept out of competi portation of any property in interstate or foreign commerce shall be tion, the great public; it is the great public that has paid liable to pay to the United States double the value of such benefit or more for the article manufactured by monopolies, and it is advantage, to be recovered) with costs, in an action at law to be brought in the name of the United States in any circuit court; and if therefore not only necessary to have the public be the plaintiff, in any such ction under this section it shall be found that such benefit but it is right that the public which has been wronged should or advantage was received, bnt not that it was received knowingly, have the remedy. then the United States shall recover in such action the value of such benefit or advantage, with costs, as if such action had been brought Now, the novelty of this bill lies in two directions: First, in under the fil·st section of this act. the fact that it is a remedy by civil suit on the civil side of the SEc. 3. 'rhat either of the actions above provided for may be insti court and not a remedy on the criminal side; and secondly, tuted by the Attorney-General or, by leave of the court, by any person as informant after notice to the Attorney-General to bring such suit. that it is not a prosecution involv.lng a mere fine of a few thou Such informant shall receive half of any amount that shall be recov sand dollars, but a suit for the whole value of the concession, ered in such suit instituted by him, or by settlement or compromise: which may amount to millions in a year. A suit on the civil Provided, hatcct:c1·, That such informant shall not dismiss or settle any such su1t without leave of the court, after notice to the Attorney side of the court bas a preference over those upon the criminal General and the United States attorney for the district wherein such side. It is governed by different rules. Witnesses can not re suit shall be pending ; and in case of such notice of application to dis fuse to testify. Books can not be kept back. What is moret miss, or on notice to such informant by the Attorney-General, in case such informant unduly delays or fails to prosecute such suit, the the party who received the preference, in some cases, will insist Attorney-General may be ordered by the court to assume said suit, and that it was fair and that he took it honestly, while his rival said infot·mant shall lose all interest therein upon proper terms as to insists that he bas received an unlawful rebate, and under those costs and ('xpens s already incurred by him, to be settle.d by the court. SEC. 4. That this act shall be cumulative of all other laws on the circumstances the bill gives an opportunity for a trial before subject of unlawful rebates, concessions, preferences, gratuities, or dis the court and a jury of a fairly disputed question-for example, criminations in respect of the transportation of any property in in whether discrimination has been made between men residing in terstate or foreign commerce, and judgment under this act shall not be pleaded in bar of any action under any other statute of the United neighboring towns, or perhaps whether a man that owns a States against rebate , concessions, preferences, gratuities, or dis· switch or sidetrack has received unlawful advantages for the criminations ; and nothing in this act contained shall in any way use of that sidetrack. We hope that in many cases suits abridge or alter the remedies now existing at common law or by statute, but the provisions of this act are in addition to such remedies. brought under the first section for the simple value of the rebate The following amendments, recommended by the committee, with costs will enable such a question-to be determined, not by were read: a Government officer or a bureaucratic department, but by the action of court and jury-to determine in law and fact whether In section 2, after the words " in the name of the United States in any" (p. 2, lines 6 and 7), strike out the words "circuit court" and different rates have been charged or different privileges allowed insert the words " court of competent jurisdiction." in cases where the services performed were substantially the In section 4, before the word "remedies" where it first occurs (p. 3, same, but without attacking any man's motives. line 13), insert the words "rights or," and in the same section, before the word " remedies " where it occurs at the end of the section, insert If, then, a verdict be recovered, the defendant gives up no the words "rights and." more than what he has unlawfully received. But when judg l\Ir. SHERLEY. l\Ir. Speaker, this is an important bill, and ment has been rendered the foundation is laid, if he and the I would like to hear orne explanation of it. common carrier persist in the unlawful course, for alleging l\Ir. JEl~INS. I yield to the gentleman from New Jersey that that course bas been decreed to be unlawful, that the [l\fr. PARKER], who reported the bill. violation is willful, and .for suit to be brought thereafter for l\fr. PARKER. l\Ir. Speaker, this is a bill of so much conse double tlle value as .bY way of penalty under the second section. quence that I would not bring it up at the end of the day but The second distinction, as I have said, is in the amount of that my friend from Iowa, chairman of the Committee on Inter recovery. state and Foreign Commerce, has intimated to me that he did Mr. KEIFER. l\1r. Speaker, will the gentleman permit a nqt feel that it would interfere with the privileges of his com question? mittee. I want, of course, to give every l\Iember of the House The SPEAKER. Does the gentleman yield? an opportunity, if he thinks best, to debate so important a 1\lr. PARKER. Yes. measure, and if it be requested I probably shall not object to Mr. KEIFER. I am not familiar enough with the bill, and its going over to some other day. But I welcome the oppor I would like to know whether or not there is any limitation tunity now to explain this measure to the House. fixed in the bill with reference to the time that these suits may As long ago as 1900, when the Judiciary Committee were be brought to recover back? dealing with the subject of trusts, it was reported to this House l\1r. PARKER. They are only for future violations. No bill ln minority views that the important matter in preventing would be constitutional that touched the past. trusts and monopolies was to prevent rebates and redress them l\Ir. KEIFER. Then, as I understand, if the gentleman will by providing that any man 'who should receive an unlawful allow me, this is in the nature of a regulation of interstate com rebate should have to give up its value. In 1903 a majority of merce by a prohibition against the payment of rebates, and the the Judiciary Committee, when another bill to prevent unlawful penalty is the right of the Government to recover back the re combinations was before that committee, united in the belief bate. that this was the proper remedy, and all that prevented that l\1r. PARKER. This bill does not regulate commerce. Reg majority from reporting favorably on the measure was differ- ulations are established by statutes reported and passed by the . ence of opinion as to its form. Some wanted the value of the Committee on Interstate Oommerce, acts which are cited in the rebate to be recovered, some wanted double that value to be report prohibiting unjust discrirnlnation. There is no remedy recovered, and some wanted to allow suit to be brought not in this bjll against the carrier. ·what this bill says is that only by the Attorney-General, but also by an informer, and where the beneficiary-that is to say, the shipper-receh·e an because of those three views the measure then failed. unlawful rebates, declared to be unlawf-ul by the interst.'lte-com The committee have now come to a substantially unanimous merce acts, he shall be liable to give up its vp.lue, and double agreement. Two or three members of the committee are doubt that value if it be done willfully-that i , knowingly. ful, but there is no minority report. We believe that the Mr. KEIFER. If the bill does not regulate inter tate com value of any benefit or advantage, whether it be by preference, merce, how do we get the constitutional power to simply pass concession, or discrimination of any kind, which is received an act that is penal in its character? . by any man from a common carrier, and in which the public l\Ir. PARKER. It is ba ed upon acts already existi_ng which has no share, should be given up, and the first question is, to do regulate commerce and which make it unlawful for any whom? Is it to go back to the railroad or common carrier? man to receive preferences over another man, and then this bill That was the first suggestion. Ought the raih·oad or common says that if he shall have received such a preference, its ·value carrier to receive back the value of the preference which they shall not ·stay in his pocket, but.sball be reclaimed and taken. have unlawfully given? l\fuch might be said for that view, 1\fr. KEIFER. One question further. I am not, as I aid, for it wou!d be recovered by a simple action, as if for value familiar with the language of the bill. Does the bill provide had and received. But the difficulty is that the very railroad that the rebate must be paid in violation of existing law, or who gave the rebate, secret or otherwise, has thereby received does it apply generally to any rebate? the valuable patronage of enormous custome1·s and obtained l\1r. PARKER. Only to unlawful rebate-rebate in violation benefits which did not belong to that railroad, and it would be of Ia w now existing or hereafter to be passed. clearly inequitable and unjust that it should be paid money I was about to say, Mr. Speaker, that there are rebates that in addition for breaking the law. What is more, no suit au do not come within the simple and innocent cia ~s that I have thorized by that railroad would probably be brought in good mentioned. There are rebates that are secret, money repaid, faith. The railroad is certainly not the party injured. Nor passes given to the shipper, various advantages given to him, are the persons injured merely those that were in competition, gifts made to his family, secret changes of schedules of w:Uicl1 1906. CONGRESSIONAL RECORD-- HOUSE. 1725 he alone gets notice, so that be is able to buy up the market believe my competitor is receiving rebates yet I have not posi· and monopolize-such rebates are given in some twenty dif th·e proof. Now, have I the right under the bill to insist upon ferent forms. the railways producing their books and verifying my suspicions? Those rebates, given knowingly and secretly, .are certainly Mr. PARKER. You have only the right which belongs to given willfully. A few of them only can be discovered. · In such every one to. subpama witnesses to bring testimony into court. cases, as well as in the case where the rebate has a-lready been Mr. McMORR:AN. Regardless of the fact whether I have any adjudged to be unlawful by a decision of the court to which the facts to start upon or not? · shipper was a party-in such cases the second section rightly Mr. PARKER. That is all you can do in any case. . applies, by which a suit is brought for double the value, and it Mr. BARTLETT. 1\!ay I ask the gentleman a question? is to such instances that I think the President refers in his late Mr. PARKER. Yes, sir; I yield to the gentleman from message, in which, on page 6 of our copy, he says: Georgia. It is worth while considering whether it would not be wise to confer Mr. BARTLETT. At the bottom of page 7 of your report I on the Government the right of civil action against the beneficiary of see this: a rebate for at least twice the value of the rebate; this would help stop what is really blackmail. In such an action the defendant can not pleud the purity of his Mr. BARTLETT. Mr. Speaker, may I ask the gentleman a intent or refuse to testify for fear of criminating himself, or do any- ue tion? thing except to ask a fair trial of the question whether his contract q privileges or freight rates are valid under the law of the land. The SPEAKER. Does the gentleman yield? Mr. PARKER. Could the gentleman wait a moment? Now, if it is a suit to recover rebates unlawfully paid or Mr. BARTLETT. Oh, yes; two moments. received, why would. he not criminate himself if he was com- l\fr. PARKER. Just a moment. The third section of the bill pelled to testify as to the fact of doing an unlawful thing is directed to a more difficult question, whether the suit should which is penalized both before the Elkins Act and by the be only by the Attorney-General or whether to allow process by Elkins Act? In other words, it is as much a crime for the an informer acting as plaintiff in the name of the United States shipper or corporation or railroad to give rebates now as it and sharing the recovery. My own impression, after some doubt, was before tile Elkins Act removed the imprisonment for it, is that the provisions of the bill are sufficiently guarded in that and they are fined $20,000, and there you say the person can respect. There may be cases in which the Attorney-General be compelled to testify without fear of criminating himself. might not feel like putting the whole power of the Government How would that be true? in force simply to discuss a question as between two different If the person that testifies is compelled to testify, and from towns, we will say, as to whether a published rate was right or his te timony the fact is developed that he has violated the wrong, and to assume the expense of such a suit. criminal law of the land, you make him testify even in a civil In such an instance the Attorney-General might tell the com- suit? plaining parties to try it themselves. The court might say-for Mr. PARKER. This bill provides for suit against the ship the leave of the court is necessary by the bill to the bringing of per, while mo t of the criminal penalties are imposed upon the such a suit-that it is a fair thing that the manufacturer in one railroad or its agents, and the only section which creates a town should have a suit in that court to determine against penalty as to the silipper is very carefully drawn~ so as to re manufacturers in a neighboring town, whether the rates be fair, quire intention to be proved. It will be found in the Elkins and bid him come in and try the case, only remembering-for Act. No man can read that section through carefully without so the bill provides-that he shall not settle that suit without seeing that it is directed against the intentional receipt or the leave of the court, and that before settling or discontinuing solicitation of rebates and that the penal or criminal part of the it he must get such lea-ve of the court after notice to the act applies only to such willful receipt of rebates, and if you Attorney-General. had been shipping on a railroad-- The biJllikewise provides, in order to prevent fictitious actions, Ur. BARTLETT. All crimes have intentions in them, of that if any informer bring such a suit and unduly delay it or course. fail to prosecute, the Attorney-General can apply to the court Mr. PARKER. If you had been shipping on a railroad to be substituted, and may proceed to prosecute the suit to a we will suppose you controlled a business of many millions of conclusion. This is, therefore, not the ordinary provision for dollars-and that thereupon you went to the railroad agents information by a private party. It is one in which the courts and simply said that you wanted a good rate; that you had are gi.ven full power to adjust, arrange, and conh·ol the suit. been talking to agents of the other railroad and that they The fourth section of the bill provides that this act shall not offered certain terms. ' interfere with any existing laws, but is in addition to the pro- I~ this case, if you were offered better terms and accepted, not visions of such laws and subject to them, providing a civil hanng looked at the law or compared the publish~ rates, no :remedy, just as one whose property has been stolen can recover jury in the world would ever convict you of criminal intent or it, or as the Government may prosecute a smuggler or pirate crime under any of those acts. But, on the other hand, if the and can likewise conduct proceedings of condemnation again.<;t suit be under this bill for the simple value of the rebate, then if the smuggled goods or the pirate vessel. This bill provides a you want to protect yourself you will come right into court and proceeding against whatever is unlawfully in the hands of say that you did not intend anything wrong, explain what you tho e who silall take it wrongfully. That proceeding goes di- did, and ask a decision whether it be fair and legal or not. rectly for the corpus delicti. It insists on restoring the equality Then the court and jury will determine whether it be fair or that Ilas been infringed. It should be more efficient than any whether it be unfair and unlawful. And in this suit the de other remedy for the protection of fair competition, the preven- fendant can not plead that his intent was good. r.rhe question tion of monopolies, and the redress of the inequality caused by is not whetber that intent was good or not, but whether lle has unju t privileges given to one wilich are withheld from others, been receiving from a common carrier advantages which do not and wbich are unlawful by express statute. I ~ee it is getting belong to him under the published rates. near tile us11al · hour of adjournment, and while I have wei- Mr. CRU~IPACKER. Does this bill provide that testimony co1i1ed tile opportunity to call up this bill, if any gentleman here given under compulsory process shall not be used in any crim wishes to di cuss it, so that it vrould be likely to go o-ver until inal prosecution? another day, I am very glad to answer questions, but should Mr. PARKER. The committee would not put -that in. That prefer not to attempt to hold the House against its will, but to is a question for the House. Tl:ie opinion of the committee was ask its leave to hold the bill and its discussion as unfinished that this proceeding ought to be additional to all others. business. One or two gentlemen wished to ask questions. l\Ir. CRUMPACKER. Then, under the law as it stands. if Mr. 1\Icl\fORRAN. Will the gentleman yield for a question? witnesses are compelled to give testimony, they have no protec- Mr. PARKER. Cert..'linly. tion against the use of that testimony in criminal prosecutions Mr. l\IcMORRAN. I understood the theory of your bill is · under other statutes against rebate ? there must be an informer in order to correct-- Mr. PARKER. Except the great practical protection under l\Ir. PARKER. No, sir. which a witness who comes in and tells all he knows never is Mr. McMORRAN. Suppose I am a shipper and I think my prosecuted. competitor is getting rebates from a railway. Now, how am 1 Mr. CRUMPACKER. There is no legal protection, then? going to show it unless I get an informer? . Mr. PARKER. None at all; but a great practical protection. Mr. PARKER. You can go to the Attorney-General and ask Mr. CRUl\fP.ACKER. Does not the gentleman think it would him to bring suit. If he will not bring suit you can apply to be a better safeguard against abuses if the bill were amended the court for leave to bring suit as informant or prosecutor so as to provide that evidence given in this class of cases should after giving notice to the Attorney-General, and. if the court not be u ed against a witnes in any criminal pro ecution? thinks it right that suit s_bould be brought it may be brought, I Mr. PARKER. I do not think so. I think that tllat would but it still remains within the control of the court. be an interference with the interstate-commerce provisions with Mr. McMORRAN. Yes; but I may have the best of reasons to reference to the penal laws, and at the same time this question 1726 CONGRESSIONAL RECORD-HOUSE. JANUARY 29, will be- within the jurisdiction of the House when the bill comes leged, and I do not know whether I will want to talk_ about it before it. or not. Perhaps he may send the information to the House: Mr. CRUMPACKER. 1\Iy judgment is that in courts trying He may give it in such a way that there will be nothing for me this class of cases, if a witness makes objection that he can to discuss. I will probably be saving the ·time of the House. not answer a que tion without incriminating himself, the court If, for example, he would send information that they had in will decide he can not be compelled to answer the question, be augurated prosecutions, that is all I want; all I want the coun cause there is no protection. try to know. Of course the resolution carries with it its privi Mr. PARKER. 1\Ir. Speaker, I reserve the balance of my leged character. But this unanimous consent that I ask merely time. is to the effect that the House shall allow me at any future l\!1:. PAYNE. Will the gentleman trom New Jersey [1\Ir. time to talk about it instead of talking about it now. PARKER] yield for a suggestion? I want to suggest to the gen 1\fr. PAYNE. Mr. Speaker, I am in favor of the most liberal - tleman that it is perfectly evident that the bill can not pass to debate if the House has time, but I am not willing to consent night. There seems to be considerable opposition to it; and the that at some time in the future some gentleman shall make a attendance is slim now. speech on a subject not then before the House. 1\fr. PARKER. Is there objection to it? Does anybody pre The SPEAKER. The gentleman from New York objects. fer any other explanation of the· bill? Mr. WILLIAMS. Mr. Speaker, the gentleman from Wiscon· 1\Ir. MANN. I am frank to say to the gentleman that I want sin will then, if he consents, withhold the resolution and intro to get some light from him on two or three points in the bill. duce it another time when the House has more time. I do not Mr. PAYNE. I think I will make the motion that the House want to trespass on the time of the House now. I may not do now adjourn. want to do it at all. I do not see why unanimous consent can The SPEAKER. The gentleman from New Jersey reserves not now be granted. the remainder of his time. Mr. JAMES. If you only do that, you do it by permission of Mr. JENKINS. Mr. Speaker, we have one or two other mat the Speaker. ters that we would like to dispose of to-night. Mr. PAYNE. What is to prevent the gentleman asking unani Mr. PARKER. Mr. Speaker, I would like unanimous consent mous consent at any time? that this particular bill should be considered as unfinished busi Mr. WILLIAMS. But after the resolution is introduced it ness. will then have lost its· privileged character and I will be at the 1\Ir. JENKINS. It is unfinished business. mercy of the objector. The SPEAKER. The gentleman from New Jersey [Mr. Mr. JENKINS. Mr. Speaker, to save time I will ask unani PARKER] asks unanimous consent that this may be considered mous consent to withdraw the resolution at this time. as unfinished business in the House? Is there objection? The SPEAKER. Is there objection? [After a pause.] The A MEMBER. Mr. Speaker, I object. Chair hears none. PROSECUTIONS BY DEPARTMENT OF JUSTICE. 1\fr. PAYNE. I move that the House do now adjourn. The motion was agreed to. Mr. JENKINS. Mr. Speaker, by direction of the Committee Accordingly (at 5 o'clock and 4 minutes p, m.) the House ad- on the Judiciary I desire to call up House . resolution No. 117. journed. · I want to say to the gentleman from New York [Mr. PAYNE] tbat I do it because the gentleman from Mississippi [Mr. WIL LIAMS], who introduced the resolution, is here. It will take but EXECUTIVE COMMUNICATIONS. a moment. Under clause 2 of Rule XXIV, the following executive com :t\1r. WILLIAMS. Mr. Speaker, in connection with that privi munications were taken from the Speaker's table and referred leged resolution, I want to ask unanimous consent of the as follows: House- A letter from the Secretary of the Treasury, transmitting a The SPEAKER. Let the resolution be read. copy of a communication from the Se~retary of War submit The Clerk read as follows : ting an estimate of appropriation for the payment of the claim R esolved, That the Attorney-General is requested, if not incompat of Hugo and Filomena de Ocampo, of the Philippine Islands ible with the public interest, to inform the House whether any criminal to the Committee on Claims, and ordered to be printed. prosecutions have been instituted by the Department of Justice against the individuals or corporations who were adjudged recently by the Su A letter from the Secretary of War, transmitting papers re preme Court of the United States, irl' the Northern Securities case, to lating to the claim of Jos~ Ramos, of Balayan, Batangas, Fr I. be guilty of having violated the laws of the United States by entering to the Committee on Claims, and ordered to be printed. into unlawful combinations in restraint of interstate commerce. A letter from the Secretary of the Interior, transmitting a Also the following committee amendments: draft of a bill to repeal'the act of February 26, 1895, and to pro Amend after the word " not," in the :first line, and before the word vide for the disposal of isolated tracts of public lands-to the " incompatible," in the second line, by inserting the words . " in his judgment." Committee on the Public Lands, and ordered to be printed. And further amend by striking out after the word "commerce," in A letter from the Secretary of War, transmitting, with a copy lines 8 and 9, all of the remainder of the line 9 and lines 10 and 11. of a letter from the Chief of Engineers, report of examination of RECOVERY OF VALUE OF UNLAWFUL REBATE. Portland Harbor, Maine--to the Committee on Rivers and Har The SPEAKER. The Chair will state that the bill preceding bors, and ordered to be printed. this matter, to which the gentleman from New Jersey addressed A letter from the Secretary of War, recommending legisla himself, by unanimous consent will go over as unfinished busi tion to provide heavy furniture for officers' quarters in the Phil ness until another call of committees is reached. ippines-to the Committee on Military Affairs, and ordered to be 1\Ir. MANN. What is the request, 1\Ir. Speaker? _ printed. The SPEAKER. Otherwise this resolution can not now be taken up, without some action on the part of the House, either REPORTS OF COMMITTEES ON PRIVATE BILLS AND postponing this bill or by unanimous consent abandoning it for RESOLUTIONS. the present, in which abandonment it would be unfinished when Under clause 2 of Rule XIII, private bills and resolutions of this order of business is reached again. the following titles were severally reported from committees, Mr. ~1A1\TN. Well, it does not require unanimous consent. delivered to the Clerk, and referred to the Committee of the The SPEAKER. The Chair is referring to the Parker bill. Whole House, as follows : The Chair hears no objection. 1\Ir. CHAPMAN, from the Committee on Invalid Pensions, to PROSECUTIONS BY DEPARTMENT OF JUSTICE. which was referred the bill of the House (H. R. 1484) granting Mr. WILLIAMS. Now, Mr. Speaker, in connection with this an increase of pension to John L. Lovell, reported the same with matter-- amendment, accompanied by a report (No. 593); which said bill The SPEAKER. Does the gentleman from Wisconsin yield? and report wer.e referred to the Private Calendar. Mr. JENKINS. I yield to the gentleman from Mississippi. Mr. HOLLIDAY, from the Committee on Invalid Pensions, to Mr. WILLIAMS. I want to ask unanimous consent, instead which was referred the bill of the House (H. R. 6178) granting of addressing myself to this resolution this evening, to have an increase of pension to Carl W. Black, reported the same with time granted me to do so at some future time to be agreed upon amendment, accompanied by a report (No. 594) ; which said bill by the Speaker and myself-the same length of time that I and report were referred to the Private Calendar. would be entitled to now. Mr. FULLER, from the Committee on Invalid Pensions, to Mr. PAYNE. There is no objection to the resolution, but it which was referred the bill of the House (H. R. 6408) granting seems to me that we ought to have the benefit of the discussion an increase of pension to Isaiah Queman, reported the same before we vote upon it. without amendment, accompanied by a report (No. 595); which 1\fr. WILLIAMS. Mr. Speaker, this is a resolution for in said bill and report were referred to the Private Calendar. . formation. It is, of course, as the gentleman knows, privi- Mr. DIXON of Indiana, from the Committee on Invalid Pen- 1906. \ CONGRESSIONAL-RECORD-HOUSE. 1(27 sions, to which was refen'ed the bill of the Bouse (ll. R. 12156) with amendment, accompanied by a report {No. G11); which granting an increase of pension to Edwin Billings, reported the said bill and report were referred to the Private Calendar. same with amendment, accompanied by a report (No. 596); :Mr. DEEMER, from the Committee on Invalid Pensions, to which said bill and report were referred to the Private Cal which was referred the bill of the House (H. R. 7721) granting endar. an increase of pension to Daniel V. Lowrey, reported the same Mr. DEEMER, from the Committee on Invalid Pensions, to with amendment, accompnnied by a report (No. 612); which which was referred the bill of the Bouse (B. R. 5163) granting said bill and report were referred to the Private Calendnr. a pension to William U. Mallorie, repo~ted the same with amend Mr. CHANEY, from the Committee on Invalid Pensions, to ment, accompanied by a report (No. 597) ; which said bill and which was referred the bill of the House (H. R. 11145) ·granting report were referred to the Private Calendar. an increase of pension to :Melvin J. Lee, reported the same with Be also, from the same committee, to which was referred the amendment, accompanied by a report (No. 613) ; which said bill of the Bouse (B. R. 4206) granting an increase of pension to bill and report were referred to the Private Calendar. Isaac Henry Ober, reported the same with amendment, accom Mr. DIXON of Indiana, from the Committee on Invalid Pen panied by a report (No. 598) ; which said bill and report were sions, to which was referred the bill of the House (H. R. 1859) referred to the Private Calendar. · granting an increase of pension to George. T. B. Carr, reported Mr. WEISSE, from the Committee on Invalid Pensions, to the same with amendment, accompanied by a report (No. 614); which was referred the bill of the Bouse (B. R. 104:77) granting which said bill and report were referred to the_Private Calendar. an increase of pension to James B. Babcock, reported the same He also, from the same committee, to which was referred the with amendment, accompanied by a report (No. 599) ; which bill of the House (H. R. · 8714) granting an increase of pension said bill and report were referred to the Private Calendar. to George Gibson, reported the same with amendment, accom Mr. DIXON of Indiana, from the Committee on Invalid Pen panied by a report (No. 615) ; which said bill and report were sions, to which was referred the bill of the Bouse (H. R. 2823) referred to the Private Calendar. granting an increase of pension to Orton D. Ford, reported the Mr. HOLLIDAY, from the Committee on Invalid Pensions, to same with amendment, accompanied by a report (No. 600); which was referred the bill of the House (H. R. 9795) granting which said bill and report were referred to the Private Cal an increase of pension to Emory E. Patch, reported the same endar. with amendment, accompanied by a report (No. 61G); which :\fr. BR4IDLEY, from the Committee on Invalid Pensions, to said bill and report were referred to the Private Calendar. which was referred the bill of the Bouse (H. R. 6109) granting .:Mr. SULLOWA.Y, from the Committee on Invalicl Pesnions, an increase of pension to William B. Ackert, reported the to which was referred the bill of the House (H. R. 6873) grant same without amendment, accompanied by a report (No. 601); ing an increase of pension to Charles A. Phillips, reported the which said bill and report were referred to the Private Cal same with amendment, accompanied by a report (No. 617); endar. which said bill and report were referred to the Private Cal He also, from the same committee, to which was referred the endar. bill of the Bouse (H. R. 1909) granting a pension to Alex :Mr. FULLER, from the Committee on Invalid Pensions, to ander Miller, reported the same with amendment, accompanied which was referred the bill of the House (H. R. 5938) granting by a report (No. 602) ; which said bill and report were re an increase of pension to Edward J . McClaskey, reported the ferred to the Private Calendar. same with amendment, -accompanied by a report (No. 618); 1\fr. HOLLIDAY, from the Commi_ttee on Invalid Pensions, which said bill and report 'Yere referred to the Private Cal to which was referred the bill of the House (H. R. 6180) grant endar. ing an increase of pension to Amherst F. Graves, reported the Mr. HOLLIDAY, from the Committee on Inva1id Pensions, same with amendment, accompanied by a report (No. 603); to which was referred the bill of the House (H. R. 6399) grant which said bill and report were referred to the Private Cal ing an increase of pension to David Hanna, reported the same endar. without amendment, accompanied by a report (No. 619); which Mr. EDWARDS, from the Committee on Invalid Pensions, to said bill and report were referred to the Private Calendar. . which was referred the bill of the Bouse (H. R. 3552) granting Mr. HOPKINS, from the Committee on Invalid Pensions, to an increase of pension to David F. McDonald, reported the which was referred the bill of the House (B. R. 4764) granting same with amendment, accompanied by a report (No. 604); an increase of pension to Abijah Brown, reported the same with which said bill and report were referred to the Private Cal amendment, accompanied by a report (No. 620); which said endar. bill and report were referred to the Private Calendar. Mr. CHANEY, from the Committee on Invalid Pensions, to Mr. HOLLIDAY, from the Committee on Invalid Pensions, to which was referred the bill of the House (H. R. 1043) granting which was referred the bill of the House (H. H. 5909) granting an increase of pension to Horace Hounsman, reported the an increase of pension to William H. Bynon, reported the same same with amendment, accompanied by a report (No. 605); with amendment, accompanied by a report (No. 621) ; which which said bill and report were referred to the Private Cal said bill and report were referred to the Private Calendar. endar. Mr. EDWARDS, from the Committee on Invalid Pensions, to Mr. CHAPMAN, from the Committee on Invalid Pensions, which was referred the bill of the House (H. R. 6085) granting to which was referred the bill of the House (H. R. 10437) an increase of pension to Jacob C. Rardin, reported the same granting an increase of pension to Casper Yost, reported the without amendment, accompanied by a report (No. 622); which same with amendment, accompanied by a report (No. 606); said bill and report were referred to the Private Calendar. which said bill and report were referred to the Private Cal Mr. CHAPMAN, from the Committee on Invalid Pensions, to endar. which was refen·ed the bill of the Bouse (H. R. 4886) granting Mr. DEEMER, from the Committee on Invalid Pensions, to an increase of pension to Marcus D. Burket, reported the same which was referred the bill of the House {H. R. 11320) grant with amendment, accompanied by a report (No. 62.3); which ing an increase, .of pension to Adam Cook, reported the same said bill and report were referred to the Private Calendar. with amendment, accompanied by a report (No. 607) ; which Mr. CHANEY, from the Committee on Invalid Pensions, to said bill and report were referred to the Private Calendar. which was referred the bill of the House (H. R. 5186) gr:mting Mr. BRADLEY, from the Committee on Invalid Pensions, to an increase of pension to Charles 'N. Fulton, reported the same. which was referred the bill of the Bouse (B. R. 11672) grant without amendment, accompanied by a report (No. 624); which ing an increase of pension to Franklin J. Fellows, reported the said bill and report were referred to the Private Calendar. sam~ with amendment, accompanied by a report (No. 608); Mr. DEEMER, from the Committee on Invalid Pensions, tcr which said bill and report were referred to the Private Cal which was referred the bill of the House (H. R. 9234) granting endar. an increase of pension to W. A. McDonald, reported -the same 1\fr. LINDSAY, from the Committee on Invalid Pensions, to with amendment, accompanied by a report {No. 625); which which was referred the bill of the House {H. R. 9405) granting said bill and report were referred to the Private Calendar. an increase of pension to John Burns, reported the same with Mr. BRADLEY, .from the Committee on Invalid Pensions, to amendment, accompanied by a report {No. 609); which said which was referred the bill of the Bouse (H. R. 4878) granting bill and repod were referred to the Private Calendar. an increase of pension to Isaac H. Witherwax, reported the· :Mr. FULLER, from the Committee on Invalid Pensions, to same with amendment, accompanied by a report (No. 626) ; which was referred the bill of the House (H. R. 2595) granting which said bill and report were referred to the Private Calendar. an increase of pension to Peter D. Sutton, reported the same Mr. SULLOWAY, from the Committee on Invalid Pensions, to with amendment, accompanied by a report {No. 610) ; which which was refen·ed the bill of the House (H. R. 2762) granting said bill and report were referred to the Private Calendar. an increase of pension to William Chandler, reported the same Mr. CHAPMAN, from the Committee on Invalid Pensions-, to with amendment, accompanied by a report (No. 627) ·; which which was· referred the bill of the House (H. R. 9065) granting said bill and report were referred to the Private Cruendar. · an lncrease of pension to George G. Brail, reported the same Mr. DIXON of Indiana, from the Committee on Invalid Pen- - I 1728 CONGRESSIONAL RECORD-HOUSE. JANUARY 29, sions, to which wa-s referred the bill of the House (H. R. 8918) an increase of pension to William G. Richardson, reported the granting an increase of pension to A. J. Hull, reported the same without amendment, accompanied by a report (No. 644); same with amendment, accompanied by a report (No. 628); which said bill and report were referred to the Private Calendar. which said bill and report were referred to the Private Calendar. 1\fr. DIXON of Indiana, from the Committee on Invalid Pen 1\Ir. EDWARDS, from the Committee on Invalid Pensions, to sions, to which was referred the bill of the House (H. R. 8913) which was referred the bill of the House (H. R. 8317) grenting granting an increase of pension to Myron E. Billings, reported an Increase of pension to Eliza Thompson, reported the same the same with amendment, accompanied by a report (No. 645); with amendment, accompanied by a report (No_ 629); which which said bill and report were referred to the Private Calendar. said bill and report were referred to the Private Calendar. Mr. EDWARDS, from the Committee on Invalid Pensions, to Mr. SULLOWAY, from the Committee on Invalid Pensions, to which was referred .the bill of the House (H. R. 8169) granting which was referred the bill of the House (H. R. 8556) granting an increase of pension to Eliza C. Jones, reported the same with an increase of pension to Ethan Blodgett, reported the same amendment, accompanied by a report (No. 646); which said without amendment, accompanied by a report (No. 630); bill and report were referred to the Private Calendar. which said bill and report were referred to the Private Calendar. Mr. DEEMER, from the Committee on Invalid Pensions, to Mr. HOPKINS, trom the Committee on Invalid Pensions, to which was referred the bill of the House (H. R. 12391) granting which was referred the bill of the Rouse (H. R. 8663) granting an increase o! pension to J. Frederick Edgell, reported the same an increase of pension to Frederick A. Amende, reported the with· amendment, accompanied by a report (No. 647) ; which same with amendment, accompanied by a report (No. 631); said bill and report were referred to the Private Calendar. which said bill and report were referred to the Private Calendar. Mr. WEISSE, from the Committee on Invalid Pensions, to Mr. LINDSAY, from the Committee on Invalid Pensions, to which was referred the bill of the House (II. R. 11846) granting which was referred the bill of the House (H. R. 8541) grtmt a pension to Clara M. Thompson, reported the same with amend ing an increase of pension to E. H. Pinney, reported the same ment, accompanied by a report (No. 648) ; which said bill andre with amendment, accompanied by a report (No. 632); which port were referred to the Private Calendar. said bill and report were referred to the Private Calendar. .Mr. LINDSAY, from the Committee on Invalid Pensions, to · Mr. DEEMER, from the Committee on Invalid Pensions, to which was referred the bill of the House (H. R. 7750) granting which was referred the bill of the House (H. R. 9059) granting an increase of pension to .Anton Riedmuller, reported the same an increase of pension to Ebenezer S. Edgerton, reported the with amendment, accompanied by a report (No. 649); which same with amendment, accompanied by a report (No. 633) ; said bill and report were referred to the Private Calendar. which said bill and report were referred to the Private Cal Mr. HOLLIDAY, from the Committee on Invalid Pensions, to endar. which was referred the bill of the House (H. R. 10256) granting Mr. EDWARDS, from the Committee on Invalid Pensions, an increase of pension to Daniel D. Diehl, reported the same to which was referred the bill of the House (II. R. 12507) grant with amendment, accompanied by a report (No. 650) ; which ing an increase of pension to George W. Collier, reported the said b-ill and report were referred to the Private Calendar. same with amendment, accompanied by a report (No. 634); Mr. EDWARDS, from the Committee ·on Invalid Pensions, to which said bill and report were referred to the Private Cal- which was referred the bill of the House (H. R. 7649) granting en~~ . an increase of pension to William Leipnitz, reported the same Mr. HOLLIDAY, from the Committee on Invalid Pensions, to with amendment, accompanied by a report (No. 651); which which was referred the bill of the House (H. R. 12289) granting said bill and report were referred to the Private Calendar. an increase of pension to Joseph C. Grissom, reported the same He also, from the same committee, to which was referred the with amendment, accompanied by a report (No. 635); which bill of the House (H. R. 8520) granting an increase of pension said bill and report were referred to the Private Calendar. to Alfred F. White, reported the same with amendment, accom . Mr. CHANEY, from the Committee on Invalid Pensions, to panied by a report (No. 652) ; which said bill and report were which was referred the bill of the House (H. R. 6385) granting referred to the Private Calendar. an increase of pe1;1sion to David Henry Hastings, reported the Mr. WEISSE, from the Committee on Invalid Pensions, to san:ie with amendment, accompanied by a report (No. 636) ; which was referred the bill of the House (H. R. 8213) granting which said bill and report were referred to the Private Calendar. an increase of pension to William Monteith, reported the same Mr. WEISSE, from the Committee on Invalid Pensions, to with amendment, accompanied by a report (No. 653); which which was referred the bill of the House (H. R. 6507) granting said bill and report were referred to the Private Calendar. an increase of pension to James M. Busby, reported the same Mr. DIXON of Indiana, from the Committee on Invalid Pen without amendment, accompanied by a report (No. 637) ; which sions, to which was referred the bill of the House (H. R. 6913) said bill and report were referred to the Private Calender. granting an increase of pension to John Gibbons, reported the . Mr. CALDERHEAD, from the Committee on Invalid Pen same with amendment, accompanied by a report (No. 654).; sions, to which was referred the bill of the House (H. R. 3570) which said bill and report were referred -to the Private Calendar. granting an increase of pension to Susan Whorton, reported the Mr. CALDERHEAD, from the Committee on Invalid 'Pen same without amendment, accompanied by a report (No. 638); sions, to which was referred the bill of the House (H. R. 6098) which said bill and report were referred to the Private Cal- grariting an increase of pension to Sadie A. Walker, reported endar. · the same with amendment, accompanied by a report (No. 655) ; Mr. DEEMER, from the Committee on Invalid Pensions, to which said bill and report were referred to the Private Calendar. which was referred the bill of the House (H. R. 12388) granting Mr. SULLOWAY, from the Committee on Invalid Pensions, to an increase of pension to Harvey T. Dunn, reported the same which was referred the bill of the House (H. R. 4179) granting with amendment, accompanied by a report (No. 639) ; which an increase of pension to Owen Donohoe, reported the same with said bill and report were referred to the Private Calendar. amendment, accompanied by a report (No. 656) ; which said Mr. BRADLEY, from the Committee on Invalid Pensions, to bill and report were referred to the Private Calendar. which was referred the bill of the House (H. R. 12102) to re Mr. EDWARDS, from the Committee on Invalid Pensions. to store to the pension roll of the United States the name of which was referred the bill of the House (H. R. 5647) granting Wilhelmina Healey, reported the same with amendment, accom an increase of pension to Peter Wetterich, reported the same panied by a report (No. 640) ; which said bill and report were with amendment, accompanied by a report (No. 657) ; which referred to the Private Calendar. said bill and report were referred to the Private Calendar. Mr. HOPKINS, from the Committee on Invalid Pensions, to l\Ir. WEISSE, from the Committee on Invalid Pensions, to which was referred the bill of the House (H. R. 8664) granting which was referred the bill of the House (H. R. 5830) grant an increase of pension to Henry Wuescher, reported the same ing ap. increase of pension to Sylvenus Hardy, reported the same with amendment, accompanied by a report (No. 641); which withput amendment, accompanied by a report (No. 658); which said bill arid report were referred to the Private Calendar. said bill and report were referred to the Private Calendar. Mr. DEEMER, from the Committee on Invalid Pensions, to l\Ir. SULLOWAY, from the Committee on Invalid Pensions, which was referred the bill of the House (H. R. 3193) granting to which was referred the bill of the House (H. R. 8302) grant an increase of pension to James R. Todd, reported the same ing an increase of pension to Maurice Hayes, reported the same with amendment, accompanied by a report (No. 642) ; which with amendment, accompanied by a report (No. 659); which said bill and report were referred to the Private Calendar. said bill and report were referred to the Private Calendar. 1\Ir. KELIHER, from the Committee on Invalid Pensions, to · Mr. WEISSE, from the Committee on Invalid Pensions, to which was referred the bill of the House (H. R. 5656) granting which was referred the bill of the House (H. R. 8061) granting an increase of pension to Darius H. Randall, reported the same an increase of pension to Hart Echard, reported the same with with amendment, accompanied by a report (No. 643) ; which amendment, accompanied by a report (No. GGO); which said bill said bill and report were referred to the Private Calendar. · and report were referred to the Private Calendar. 1\Ir. FULLER, from the Committee on Invalid Pensions, to Mr. FULLER, from the Committee on Invalid Pensions, to which was referred the bill of the House (H. R. 9851) granting which was referred the bill of the House (H. R. 9567) granting 1906~ CONGRESSIONAL RECORD-HOUSE. an increase of· pension to Henderson Rose, · reported the same Mr. EDWARPS, from the Committee on Invalid Pensions, to. with amendment, accompanied by .a report (No. 661); which which was referred the bill of the ~ouse (H. R. 1902) granting said bill and report were referred to the Private Calendar. an increase of pension to Gilbert Ford, reported the same with. 1\fr. · HOPKINS, from the Committee on Invalid Pensions, to amendment, accompanied by a report (No. 678); which said which was. referred the bill of the House (H. R. 2156) grant said bill and report were referred to the Private Calendar. ing an increase of pension to Rachel E. Ware, reported the same Mr. WEISSE, from .the Committee on Invalid Pensions, to with amendment, accompanied by a report (No. 662); which which was referred the bill of the House (H. R. 3230) granting said bill and report were referred to the Private Calendar. an increase of pension to James H. Beulen, reported the same Mr. EDWARDS, from the Committee on Invalid P~nsions, to with amendment, accompanied by a report (No. 679); which which was referred the bill of the House ,H. R. 1889) grant said bill and report were referred to the Private Calendar. ing an increase of pension to Wiiliam M. Shultz, reported- the Mr. BRADLEY, from the Committee on Invalid Pensions, to same with amendment, accompanied by a report (No. 663); which was refcrred the bill of the House (H. R. 2954) granting. which said bill and report were referred to the Private Calendar. a pension to Chauncey P. Dean, reported the same with amend Mr. CALDERHEAD, from the Committee on Invalid Pen ment, accompanied by a report (:No. 680) ; which said bill and sions, to which was referred the bill of the House (H. R. 3250) report were referred to the Private Calendar. granting a pension to Harrison White, reported the same with Mr. LINDSAY, from the Committee on Invalid Pensions, to amendment, accompanied by a report (No. 664) ; which said bill which was referred the bill of the House (H. R. 10886) grant and report were referred to the Private Calendar. ing an increase of pension to Martha S ~ Campbell, reported the Mr. CHANEY, ·from the Committee on Invalid Pensions, to same with amendment, accompanied by a report (No. 681); which was referred the bill of the House (H. R. 1160) granting which said bill and report were referred to the Private Calendar. a pension to Anna Swords and William Swords, reported the :Mr. HOPKINS, from the Committee on Invalid Pensions, to same with amendment,· accompanied by a report (No. G65); which was referred the bill of the House (H. R. 10954) grant which said bill and report were referred to the Private Cal ing an increase of pension to Letitia D. Watkins, reported the endar. same with amendment, accompanied by a report (No. 682); Mr. CHAPMAN, from the Committee on Invalid Pensions, to which said bill and report were referred to the Private Calendar. which was referred the bill of the House (H. R. 2093) granting Mr. BRADLEY, from the Committee on Invalid Pensions, to· a pension to Sarah A. Pitt, reported the same without ame:;:ld which was referred the bill of the House (H. R. 11000) grant ment, accompanied by a report (No. 666); which said bill and ing an increase of pension to Martha J. Wilson, reported the report were referred to the Private Calendar. same with amendment, accompanied by a report (No. 683) ; Mr. DEEMER, from the Committee on Invalid Pensions, to wllich said bill and report were referred to the Private Calendar. which was referred the bill of the House (H. R. 11070) granting Mr. DIXON of Indiana, from the Committee on Invalid Pen an increase of pension to Fitch Spoor, reported the same with sions, to which was referred the bill of the House (H. R. 8251) amendment, accompanied by a report (No. 667) ; which said granting an in amend an act entitled ".An act to regulate the immigration of patentees holding patents covering methods and devices for aliens into the United State ," approved March 3, 1903-to the treating human diseases, ailments, and disabilities--to the Committee on Immigration and Naturalization. Committee· on Patent&.- By Mr. WELBORN: A bili (H. R. 13370) providing for the By 1\Ir. 1\IeGUIRE: A bill (H. R. 13395) appropriating erection of a public building at the city of Mar hall, in the $500,000 for the purchase of a site and the erection of a public State of :Missouri-to the Committee on Public- Buildings and building· in Oklahoma City, Okla.-to the Committee on Public Grounds. Buildings and Grounds. By Mr. BONYNGE (f>y request) : A .bill (H. R. 13371) to in By 1\Ir. BABCOCK A bilf (H. R. 13396) for the completion crea e the pensions of certain persons now on the pension rolls of the . public building at Baraboo, Wis.-to the Committee on under the general laws-to the Committee on Invalid Pensions. Public Buildings and Grounds-. · By Mr. BROWN: A bill (H. R. 13372) to authorize the sale of By Mr. BROOKS of Colorado: A bill (H. R. 13397) to in timber on certain of the lands reserved for the use of the crease the limit of cost for the- purchase of a site and the ere - Menominee tribe of Indians, in the State of Wisconsin-to the tion of· a public building thereon at Colorado Spring , Colo.-to Committee on Indian Affairs. the Committee on Public Buildings and Grounds. By 1\lr. OLCOTT: A bill (H. R. 13373) increasing the limit of By Mr. GROSVENOR: A bill (H. R. 13398) to amend sec cost of the New York custom-house-to the Committee on Public tion 4400 of the Revised StatUtes, relating to inspection of Buildings and Grounds. steam vessels-to the Committee on the Merchant Marine aml By 1\lr. THOUAS of North Carolina: A bill (H. R. 13374) to Fisheries. remove the tariff on composing and linotype machines and the By 1\Ir. HEPBURN: A bill (H. R. 13538) to incorporate :the parts thereof-to the Committee on Ways and 1\Ieans. Carnegie Foundation for the Advancement of Teaching-to the By Mr. HULL: A bill (H. R. 13375) to provide means to en Commi1:tee on the Library. able the President to carry into effect certain provisions of the By Mr. FOSS: A· bill (H. R. 13539) granting authority to act approved February 2, 1901, and to provide a partial reserve the Secretary of the Navy, in his discretion, to dismiss mid for coast defense in case of actual or impending foreign war shipmen from the United States Naval Academy, and regulat to the Committee on Military Affairs. ing the procedure and punishment in trials for hazing at the Also, a bill (H. R. 13376) for increasing the efficiency of said academy-to the Committee on Naval Affairs. 'Army bands-to the Committee on Military Affairs: By Mr. RIXEY: A joint resolution (H. J. Res. 89) asking for Also, a bill (H. R. 13377) to increase the efficiency of the estimates for the improvement of the approach from the main Army of the United States-to the Committee on Military Af channel of the Potomac River to the wharf at Mount Vernon fairs." to the Committee on Rivers and Harbors. Also, a bill (H. R. 13378) to extend the special leave privi By Mr. DE ARl\lO~D: A joint resolution (H. J. Res. 00) leges authorized for officers of the Military Academy by section proposing an amendment to the Cons-titution concerning the be 1330, Revised Statutes, to certain instructors and student officers -ginning and ending of the Congress and the meetings thereof- at ervice schools-to the Committee on Military Affairs-. to the Committee on the Judiciary. _ Also, a bill (H. R. 13379) to increase the pay of company non By Mr. BARTHOLDT: A joint resolution (H. J. Res. 91) commi sioned ·officers-to the Committee on Military Affairs. providing for the instruction of the delegates of the United AI o, a bill (H. R. 13380) to provide the necessary noncommis States to the second Hague conference-to the Committee on sioned officers for the various recruit depots of the United States Foreign Affairs. 'Army-to the Committee on Military Affairs. By Mr. SIMS: A resolution (H. Res. 199) requesting cer AI o, a bill (H. R. 13381) to reorganize and to increase the tain information of the Secretru.·y of Commerce and Labor-to efficiency of the artillery of the United States Army-to the the Committee on the Census. Committee on 1\filitary Affairs. By 1\fr. YOUNG, from the Committee on Elections No. 1: Also, a· bill (H. R. 13382) to increase the efficiency· of the A resolution (H. Res. 200) authorizing and empowering Com .United States Army-to the Committee on Military Affairs. mittee on Elections No. 1 to take testimony in the contested AI o, a bill (H. R. 13383) to authorize commissions to issue election as a Member of the House of Representatives against in the cases of officers of the Army retired with increased rank Bon. ANTHONY MICHALEK-Ordered to be printed. to the Committee on Military Affairs. AI o, a bill (H. R. 13384) to organize a service corps in the United States Army-to tl1e Committee on Military Affairs. . PRIVATE BILLS AND RESOLUTIONS. AI o, a bill (H. R. 1338;-i ) to increase the efficiency o.f the vet Under clause 1 of Rule X...:"'{II, private bills and resolutions of erinary service of the Aru y-to the Committee on Military Af the following titles were introduced and severally referred, as fairs.- follows: By 1\Ir. JAMES: A bill (H. R. 13386) relating to· the removal By Mr. ADAMS of Wisconsin: A bill (H. R. 13399) granting - of civil cases from the State courts to the United States court a pension to Thomas J. Davis---lfo the Committee on Invalid to the cOmmittee on the· Judiciary. Pensions. By Mr. McGUIRE (by request) : A bill (II. R. 13387) con By Mr. ALLEN of Maine: A bill (H. R. 13400) for the relief ferring jurisdiction on the Court of Claims to determine the of George W. Randall, of Portland, Cumberland County, Me. amount due certain Shawnee and Delaware Indians from the to the Committee on Claims. United States-to the Committee on Indian Affairs. By Mr. BATES: A bill (H. R. 13401) advancing Capt. W. B. By :Mr. WILLIAM W. KITCHIN. (by request): A bill (H. R. Brooks (retired}, United States Navy, to the next higher grade 13388) to amend· and reenact -an act entitled "An act to provide to the Committee on Naval Affairs. a permanent form of government for the District of Columbia," By 1\lr. BONYNGE: A bill (H. R. 13402) granting a pension to approved June 11, 1878, and for other purposes-to. the Commit John Reynolds-to the Committee on Pensions. tee on the District of Columbia. Also, a bill (H. R. 13403) granting an increase of pension to By Mr. DE ARMOND: A bill (II. R. 13389) to change the C. C. Washl urn-to the Committee on Invalid Pen ions. ;"time for the meeting of the Congress and the inauguration of the Also, a bill (H. R. 13404) granting an increase of pension to / President-to the Committee on the Judiciary. George G. Wortman-to the Committee on Invalid Pensions. By .Mr. ANDREWS: A bill (H. R. 13390) to provide for an Also, a bill (H. R. 13405) granting an increase of pension to additional associate justice of the supreme court of the Terri Daniel R. Emery-to the Committee on Invalid Pensions. tory of New Mexico-to the Committee on the Judiciary. Also, a bill' (H. R. 13406) granting an increase of pension to By 1\Ir. OLCOTI' ~ A bill (H. R. 13391) granting an increase 1\farsena H. French-to the Committee on Invalid Pensions. of compensation to circuit and district court judges of the Also, a bill (H. R. 13407) granting an increase of pension to ,United States_:_to the Committee on the Judiciary. Martin V. Harbour-to the Comm11:tee on Invalid Pensions. By 1\fr. KALANIANAOLE: A bill (H. R. 13392) to. ratify, Also, a bill (H. R. 13408) granting an increase of pension to approve, and confirm an act of the legislature of the Territory George A. White-to the Committee on Invalid Pen ions. of Hawaii to authorize and provide for the construction, main Also, a bill (H. R. 13409) granting an increa e of pension to tenance, and operation of a telephone sys-tem on the island of Susie A. Hogaboom-to the Committee on Invalid Pensions. Oahu, Teritory of Hawaii-to the Committee on the Territories. Also, a bill (H. R. 13410) granting an increase of pension to By Mr. S::..\IITH of Arizona (by request):- A bill (H. R.13393) Amos G. Cornish-to the Committee on Invalid Pensions. providing for the election of judges and clerks in the Terri • Also, a bill (H. R 13411) granting an increase of pension to torial district courts of Arizona-to the Committee on the Daniel B. Morehead-to the Committee on Invalid Pension . Judiciary. . Also, a bill (H. R. 13412) granting an increa e of pension to By Mr. SMITH of. Maryland (by request): A bill (H. R. W. H. Nix-to the Committee on Invalid Pensions. 13394) amending the statutes relating to patents-, relieving med Also, a bill (H. R. 13413 J granting an increase of pension to. ical and dental practitioners from unjust burdens imposed by John T. Webb-to the Committee on Invalid Pensions. 1906. CONGRESSIONAL RECORD-HOUSE. Also, a bill (H. R. 13414) granting an increase of pension to Also, a bill (H. R. 13449) granting an increase of -pension to James G. Hartzell-to the Committee on Invalid Pensions. Samuel Hawkins-to the Committee on Invalid Pensions. By Mr. BRUNDIDGE: A bill (H. R. 13415) for the relief of By Mr. HINSHAW: A bill (H. R. 13450) granting an in the estate of l\lilton Sanders-to the Committee on War Claims. crease of pension to Joseph Loucks-to the Committee on In By Mr. BUTLER of Tennessee: A bill (H. R. 13416) grant valid Pensions. ing a pension to Henry T. Dawson-to the· Committ~e on Pen Also, a bill (H. R. 13451) granting an increase of pension to sions. Frederick D. Carpenter-to the Committee on Invalid Pensions. By Mr. CASSEL: A bill (H. R. 13417) granting an increase By Mr. HOWARD: A bill (H. R. 13452) for the relief of the of pension to John W. Bookman-to the Committee on Invalid heirs of Larkin Clark, deceased-to the Committee on War Pensions. Claims. By Mr. COLE: A bill (H. R. 13418) for the relief of W~ S. Also, a bill (H. R. 13453) for the relief of the heirs of James Hammaker-to the Committee on Claims. Stewart and John Lee McMichael, deceased-to the Committee By Mr. COOPER of Wisconsin: A bill (H. R. 13419) granting on War Claims. an increase of pension to Alma Tucker-to the Committee on By Mr. HUGHES: A bill (H. R. 13454) granting an increase Invalid Pensions. of pension to Alonzo Dyke-to the Committee on Invalid Pen By Mr. DAWES: A bill (H: R. 13420) granting an increase sions. of pension to John C. Griggs-to the Committee on Invalid - Also, a bill (H. R. 134~5) granting an increase of pension to Pensions. Josiah P. Higgins-to the Committee on Invalid Pensions. By Mr. DAWSON: A bill (H. R. 13421) granting a pension to By Mr. HULL: A bill (~. R. 13456) for the relief of James J'ohn W. Wabrass-to the Committee on Pensions. McKenzie-to the Committee on Military Affairs. By Mr. DICKSON of Illinois: A bill (H. It. 13422) granting By Mr. JONES of Washington: A bill (H. R. 13457) granting an increase of pension to Alvin Eckley-to the Committee on an increase of pension to William M. McCay-to the Commit Invalid Pensions. • tee on Invalid Pensions. By Mr. DOVENER: A bill (H. R. 13423) granting a pension By Mr. KENNEDY of Nebraska : A bill (H. R. 13458) for to Isaac Brock-to the Committee on Invalid Pensions. the relief of Louis A. Yorke-to the Committee on Naval Also, a bill (H. R. 13424) granting a pension to J. P. Fox Affairs. to tlle Committee on Invalid Pensions. By Mr. LEE: A bill (H. R. 13459) for the relief of David H. Also, a bill (II. R. 13425) granting a pension to Zachariah Neely and Jane A. Neely-to the Committee on War Claims. 1\Iinnear-to the Committee on Invalid Pensions. Also, a bill (H. R. 13460) for the relief of the estate of Also, a bill (H. R. 13426) granting a pension to Ralph White William Lewis, deceased-to the Committee on War Claims. head-to the Committee on Pensions. Also, a bill (H. R. 13461) for the relief of the estate of Also, a bill (H. R. 13427) granting an increase of pension to Enoch Humphreys, deceased-to the Committee on War Claims. Oscar M. Parsons-to the Committee on Invalid Pensions. Also, a bill (H. R. 13462) for the relief of President Wal ~ By Mr. DWIGHT: A bill (H. R. 13428) granting an increase raven-to the Committee on War Claims. of pension to Hiram D. Rundel-to the Committee on Invalid By Mr. LITTLEFIELD: A bill (H. R. 13463) to correct the Pensions. military record of Joseph Nickols-to the Committee on :Mili Also, a bill (H. R. 13429) to remove the charge of desertion tary Affairs. from the military record of George L. Sprague-to the Com mittee on Military Affairs. By Mr. LORIMER: A bill (H. R. 134-64) granting a pension By Mr. FASSETT: A bill (H. R. 13430) granting an honor to Anna Shea-to the Committee on Invalid Pensions. able discharge to Charles J. Chatfield, jr., deceased-to the Com Also, a bill (H. R. 13465) granting an increase of pension to mittee on Military Affairs. Eleanor Gregory-to the Committee on Invalid Pensions. · By Mr. FIELD: A bill (H. R. 13431) granting an increase of Also, a bill (H. R. 13466) granting an increase of pension to pension to Stephen A. Daniel-to the Committee on Pensions. A. N. Bradisb-to the Committee on Invalid Pensions. Also, a bill (H. R. 13432) granting an increase of pension to Also, a bill (H. R. 13467) for the relief of -the heirs of Alexander H. Franklin-to the Committee on Pensions. Charles A. Folsom-to the Committee on War Claims. Also, a bill (H. R. 13433) granting an increase of pension to By Mr. McGUIRE: A bill (H. R. 13468) granting section 16, 'Yilliam R. Wooten-to the Committee on Pensions. township . 14 north, range 4 east, Indian meridian, Lincoln By Mr. FULLER: A bill (H. R. 13434) granting an increase County, Oklahoma Territory, to the city of Chandler, said of pension to Rollin T. Waller-to the Committee on Invalid county, for school purposes-to the Committee on the Public Pensions. · Lands. By Mr. GROSVENOR: A bill (H. R. 13435) granting a pen By Mr. McCLEARY of Minnesota: A bill (H. R. 134G9) sion to John H., alias Henry J., Richardson-to the Committee granting an increase of pension to Michael Davy-to the Com on Invalid Pensions. mittee on Invalid Pensions. Also, a bilf (H. R. 13436) granting a pension to Margaret F. By Mr. MAHON: A bill (H. R. 13470) for the relief of Wil Hallig-to the Committee on Invalid Pensions. liam F. Morrow-to the Committee on War Claims. Also, a bill (H. R. 13437) granting an increase of pension to By Mr. MANN: A bill (H. R. 13471) granting an increase of Samuel R. Lowry-to the Committee on Invalid Pensions. pension to Charles L. Noggle-to the Committee on Invalid By Ur. GUDGER: A bill (H. R. 13438) for the relief of Pensions. the estate of Robert D. McCombs-to the Committee on War By Mr. MARTIN: A bill (H. R. 13472) granting an increase Claims. of pension to ·vvmiam E. Fletcher-to the Committee on Invalid By Mr. HALE: A bill (H. R. 13439) granting a pension to Pensions. John R. Rogers-to the Committee on Pensions. By Mr. MOON of Pennsylvania: A bill (H. R. 13473) grant Also, a bill (H. R. 13440) granting a pension to Sampson ing a pension to Ely L. Jones-to the Committee on Invalid McGee-to the Committee on Invalid Pensions. Pensions. Also, a bill (H. R. 13441) granting a pension to Nancy J. AlsO, a bill (H. R. 13474) granting an increase of pension to St. Clair-to the Committee on Invalid Pensions. N. Warren Pulsifer-to the Committee on Invalid Pensions. Also, a bill (H. R. 13442) granting an increase of pension to By Mr. MUDD: A bill (H. R. 13475) for the relief of Wil Lycurgus Peltier-to the Committee on Invalid Pensions. liam Woolsey Johnson-to the Committee on Naval Affairs. Also, a bill (H. R. 13443) granting an increase of pension to Also, a bill (H. R. 13346) for the relief of William Woolsey James E. Hammontree-to the Committee on Invalid Pensions. Johnson-to the Committee on Naval Affairs. Also, a bill (H. R. 13444) to remove the charge of desertion Also, a bill (H. R. 13477) granting an increase of pension to standing against Creed F. Casteel-to the Committee on Mili Joseph· Bisser-to the Committee on Invalid Pensions. tary Affairs. By Mr. MURPHY: A bill (H. R. 13478) granting a pension By Mr. HAUGEN: A bill (H. R. 13445) granting an in to Hannah Murphy-to the Committee on Invalid Pensions. • crease of pension to Thomas L. Blanchard-to the Committee Also, a bill (H. R. 13479) granting a pension to N. H. Dib on Invalid Pensions. ble-to the Committee on Pensions. By Mr. HAYES: A bill (H. R. 13446) for the relief of Also, a bill (H. R. 13480) granting an increase of pension to Lillian P. Beaud.in-to the Committee on Claims. Eli Thomas-to the Committee on Invalid Pensions. By Mr. HEPBURN: A bill (H. R. 13447) granting an in Also, a bill (H. R. 13481) granting an increase of pension to crease of pension to Greenbury Bogue-to the Committee on Martin B. Emery-to the Committee on Invalid Pensions. Invalid Pensions. Also, a bill (H. R. 13482) granting an increase of pension to By Mr. HERMANN: A bill (H. R. 13448) granting an in John W. Roads-to the Committee on Invalid Pensions. c·rease of pension to Orson Willard-to the Committee on In Also, a bill (H. R. 13483) granting an increase of pension to valid Pensicns. James Rhodus-to the Committee on Invalid Pensions. · 1732 CONGRESSIONAL RECORD-HOUSE. JANUARY 29, Also·, a bill (H. R. 13484) granting an increase of .pension to IGeorge Riley and pay him money due him-to the Committee John A. Pond-to the Committee on Invalid Pensions. on Military Affairs. Also, a bill (H. R. ~3485) granting an increase of pension to Also, a bill (H. R. 13520) granting a pension to James William H. Scott-to the Committee on Invalid Pensions. Faloon-to the Committee on Invalid Pensions. By Mr. OLMSTED: A bill (H. R. 13486) granting an in- Also, a bill (H. R. 13521) granting an increase of pension to crease of pension to Martha Groner-to the Committee on In- George Borden-to the Committee on Invalid Pensions. 'Valid Pensions. By Mr. THOMAS of North Carolina~ A bill (H. R. 135.22) for Also, a bill (H. R. 13487) granting an increase of pension to , the ~·elief of the heirs of D. W. Morton-to the Committee on Ephraim Winters-to the Committee Qn Invalid Pensions. War Claims. · By Mr. POWERS: A bill (H. R. 13488) granting an lncrease By Mr. TYNDALL: A bill (H. H. 13523) granting an honor- of pension to Samuel H. Tyler-to the Committee on Invalid able discharge to George H. Smythe-to the Committee on Mill- Pen ions; tary Affairs. Also, a bill (H. R. 13489) granting an increase of pension to By Me WEBB: A bill (H. R . .13524) granting a pension to Edwin Smith-to the Committee on Invalid Pensions. · John Halcombe-to the Committee on Invalid Pensions. Also, a bill (H. R. 13490) granting '3D increase of pension to Also, a-bill (H. R. 13525) granting a pension to Wilson Hens- Thomas Violette-to the Committee on Invalid Pensions. ley-to the Committee on Invalid Pensions. By Mr. REEDE-R: A bill (H. R. 13491) granting a pension to Also, a bill (H. R. 13526) granting a pension to LeviN. Luns- Margaret Hinton-to the Committee on Pensions. ford-to the Committee on Pensions. By l\fr. RHINOCK: A bill (H. R. 13492) granting a pension Also, a blll (H. R. 13527) granting a pension to Willard V. to C. H. Conn-to the Committee on Invalid Pensions. Shepherd-to the Committee on InvaHd Pensions. By ~fr. RIXEY: A bill (H. R. 13493) granting an increase of By Mr. WEISSE; A bill (H. R. 13528) granting an increase pension to Elizabeth J. Meek-to the Committee on Invalid of pension to D. H. Norton-to the Committee on Invalid Pen- Pensions. sions. Also, a bill (H. R. 13494} granting an honorable discharge to By Jt!r. WELBORN: A bill (H. R. 13529) granting a pension Russell C. Spaulding-to the Committee on Military Affairs. to .Samuel P. Mansell-to the Committee on Invalid Pensions. By Mr. RYAN: A bill (H. R. 13495) granting a pension to Also, a bill (H. R. 13530) granting a pension to Amos Whit- Emma E. Murray-to the Committee on Pensions. sett-to the Committee on Invalld Pensions. By 1\fr. SHACKLEFORD: A bill (H. R. 13496) for the relief Also, a bill (H. R. 13531) granting a pension to Nannie W. 'Of Mary Christopher, heir of Lowell G. Spaulding-to the Com- Bailey-to the Committee on Invalid Pensions. mittee on War Claims. Also, a bill (H. R. 13532) granting an increase of pension to By Mr. SHARTEL: A 'bill (H. R. 13497) granting a pension George E. Bush-to the Committee on Invalid Pensions. to Isaac EJ. Schollars-to the Committee on Invalid Pensions. Also, a bill (H. R. 13533) granting a pension to James J. Also, a bill (H. R. 13498) granting a pension to John Pilken- Wallis-to the Committee on Invalld Pe?sions. ton-to the Committee on Inyalid Pensions. · · By 1\Ir. WOOD of New Jersey.: A bill (H. R. 13534) grant- Also, a bill (H. R. 13499) granting an increase of pension to ing an incre~se of P.ension to Clementine Pullen-to the Commit- William L Smith-to the Committee on 1nvalid Pensions. tee on Inv.alid PensiOns. Al;o, a bill (H. R. 13500) granting an increase of pension to .:U~o, a bill (H. R. 13535) .granting an ~creas~ .of pension to George 1\1. Evans-to the Committee on Invalid Pensions. Wilham Kelly-to _the Cor~nnttee on Invalid Pens.wns. . Also, a bill (H. R. 13501) to remove the charge of desertion By~·· HOPKINS: ~ blll (H. R. 13536~ grantmg an I;ncrease from Saturnin Bena-to the Committee on Military Affairs. o~ pensiOn to Peter Clme-to tbe Committee on Invahd Pen- By l\fr. SH~PPARD; A bili (H. R. 13502) grantin~ an ln- SI~;· Mr. POU: .A bill (H. R. 135.37) granting an increase 'Of creas~ of pe~swn to John N. Buchanan-to the Committee on pension to Elizabeth B. Bnsbee-to the -committee on Pe · Invalid PensiOns. nsJons. By 1\fr. SHERLEY: A bill (H. R. 13503) granting an in crease of pension to C. W. Russell-to the Committee on Invalid CHANGE OF REFERENCE. Pensions. Under clause 2 of Rule XXII, committees were discharged Also, a bill (H. R. 13504) granting an increase of pension to · from the consideration of bills of the following titles; which Elizabeth Thompson-to the Committee on Pensions. were thereupon referred as follows: Also, a bill (H. R. 13505) granting an increase of pension to A bill (H. R. 1888) granting a pension to William T. Scand Martha E. Chambers-to the Committee on Pensions. lyn-Committee on Invalid Pensions discha.r:ged, and referred Also, a bill (H. R. 13506) granting a pension to Julia A. to the Committee on Pensions. - Bachus-to the Committee on Invalid Pensions. A bill (H. R. 1977) granting a pension to Emma C. Ander By Mr. SLAYDEN: A bill (H. R. 13507) granting an increase son-Committee on Invalid Pensions discharged, and referred· of pension to Thomas Crowley-to the Committee on Pensions. to the Committee on Pensions. By Mr. SMITH of Arizona.: A bill (H. R. 13508) granting an A bill (H. R. 12955) granting a pension to Lyman Critch increase of pension to George W. Koster-to the Committee on field, jr.-Committee on Invalid Pensions discharged, and re Invalid Pensions. ferred to tbe Committee on Pensions. Also, a bill (H. R. 13509) granting an increase of pension to A biH (H. R. 7954) granting an increase of pension to Jona Charles E. Eberhart-to the Committee on Invalid Pensions. than R. Blair-Committee on Invalid Pensions discharged, and Also, a bill (H. R. 13510) granting a pension to Sophia referred to the Committee on Pensions. Andre-to the Committee on Invalid Pensions. Also, a bill (H. R. 13511) granting a pension to James C. Schackleford-to the Committee on Pensions. · PETITIONS, ETC. By Mr. SPIGHT: A bill (H. R. 13512) gr.anting a pension to . Under ·clause l of Rule XXII, the following petitions and John MCLane-to the Committee on Invalid Pensions. , papers were laid on the Clerk's desk, and referred as follows: By 1\Ir. SULLIVAN of New York: A bill (H. R. 13513) grant- By the SPEAKER: Petitions of C. A. Griggs et al, and ing an increase of pension to Charles L . .Jahne-to the Commit- Grange No. 893, for repeal of revenue tax on denaturized tee of Invalid Pensions. alcohol-to the Committee on Ways and Means. Also, a bill (H. R. 13514) to place David Robertson, sergeant, Also, :petition of Geor.ge R. Deatnitz & Co., against the tariff first class, Hospital Corps, on the retired list of the United on linotype machines-to the CDmmittee on 'Ways and Means. States Army-to the Committee on Military Affairs. Also, petition of R. M. May et aL, favoring the Hepburn . Also, a bill (H. R. 13515) to place David Robertson, .sergeant, Dolliver bill and the Sperry bill-to the Committee on Alcoholic • first class, Hospital Corps, on the retired list of the United : Liquor Traffic. States Army-to the Committee ·On Militc:'lry Affairs. · .Also, petition of the Takoma P.ark Citizens' Association, for Also, a bill (H. R. 13516) to place David Robertson, sergeant, prompt passage of bill H. R. 9734-to the Committee on the first class, Hospital Corps, on the retired list of the United . District of Columbia. States Army-to the Committee on :Military Affairs. By Mr. ADAMS .of Wisconsin: Petition against the tarifr By Mr. TALBOTT: A bill (H. R. 13517) for the relief of Col. on linotype machines-to the Committee on Ways and Means. P. II. Ellis, of the United States Army-to the Committee on By l\1r. ALEXANDER: Petitions of Buffalo Division, No. Military Affairs. · 2, and Corning Division, No. 2, Order of Railway Conductors; By .Mr. TAYLOR of Ohio: A bill (H. R. 13518) to correct the : F. B. Griffith Division, No. 533, of East Buffalo, and Long military record of David Tyler-to the Committee .on Military : Island Division, No. 269, of Long Island City, Brotherhood of Affairs. · Locomotive Engineers; Elmira Division, No. 9, Order of Rail Also, a bill (H. R. 13519) to correct the military record of · way Conductors; Division No. 15, Brotherhood of Locomotive 1906. CONGRESSIONAL RECORD-HOUSE. l73iJ Engineers; Pandawaran Division, No. 341, Order of Railway aid, against the tariff on linotype machines-to the Committee Conductors, of Norwich, N. Y.; Metropolitan Lodge, No. 363, on Ways and Means. Brotherhood of Locomotive Firemen, of New York City, and By Mr. DARRAGH: Petition against the tariff on linotype Troy City Local, No. 315, of Green Island, favoring bills H. R. machines-to the Committee on Ways and Means. 239 and 9328 and S. 1657-to the Committee on the Judiciary. By Mr. DAVIS of Minnesota: Petitions of I. A. Herrick, of By :Ur. ALLEN of Maine : Petition against the tariff on lino- Farmington; G. H. Allen, of Red Wing; E. L. Ogilvie, of South type machines-to the Committee on Ways and Means. St. Paul; M. W. Grimes1 of Lasueur; C. P. Carpenter, of North- By Mr. ALLEN of New Jersey: Petition of the New York field; E. B. Huntington, of Windom; B. G. Shulze, of Nicollet; Finishing Company, of New York City, protesting against bill H. D. Meyer, of Carver; J. C. Temple, of Morristown, and A. J. H. R. 9752-to the Committee on Ways and Means. Schaller, of Hastings, Minn., against the tariff on linotype rna Also, petition of John S. Mackay, favoring bills H. R. 11028 chines-to the Committee on Ways and Means. and 11952-to the Committee on Naval Affairs. , By Mr. DICKSON of Illinois: Paper to accompany bill for Also, petition of the State Horticultural SocietY, favoring bill relief of Alvin Eckley-to the Committee on Invalid Pensions. H. R. 345-4:o the Committee on Agriculture. By Mr. DRAPER: Petition of Gilbert M. Tucker, .. for repeal Also, petition of five citizens of New York and vicinity, for of revenue tax on denaturized alcohol-to the Committee on relief for heirs of victims of General Slocum disaster-to the Ways and Means. Committee on Claims. Also, petitions of John G. Smart, Louis H. Dickerman, and t Also, petition of the Federation of Women's Clubs, favoring the Journal Company, agaJ.nst the tariff on linotype machines bill H. R. 5065, for the preservation of Niagara Falls-to the to the Committee on Ways and Means. Committee on Foreign Affairs. Also, petition of W. J. Tyner, against the tariff on linotype Also, petition of the State Grange, for repeal of revenue tax machines-to the Committee on Ways and Means. on denaturized alcohol-to the Committee on Ways and Means. By l\fr. DRESSER: Petition of Du Bois Council, No. 376, Also, petition of Thomas Behn, of Passaic, N. J., favoring bill and Philipsburg Council, No. 279, Order United American Me- H. R. 10714--to the Committee on Rivers and Harbors. chanics, for the passage of an immigration bill-to the Commit- Also, petition of William B. Newman, for bills H. R. 11028 tee on Immigration and Naturalization. and 11952-to the Committee on Naval Affairs. · Also, petitions of Matt Savage, of Clearfield; P. G. Meek, of Also, petition of the Waldrich Bleachery, of Delaware, N. J., Bellefonte, and J. K. Hockley, of East Emporium, in favor of the against the McCleary bill-to the Committee on Ways and removal of the tariff on linotype and composing machines-to Means. the Committee on Ways and Means. By Mr. BIRDSALL: Petitions of James F. Lavin, C. D. Mills, By Mr. DUNWELL: Petition of the American Mining Con- and Barnes & Hallock, against the tariff on linotype machines- gress, for a national Deparbnent of Mines and Mining-to the to the Committee on Ways and Means. Committee on Mines and Mining. By 1\Ir. BONYNGE: Petition against the tariff on linotype By Mr. ESCH: Petition of the Wisconsin Humane Society, machines-to the Committee on Ways and Means. relative to transit of live stock-to the Committee on Interstate By Mr. BOUTELL: Petition of K. Sheeley et al., for preser- and Foreign Commerce. vation of Niagara Falls-to the Committee on Foreign Affairs. Also, petition of William J. Stone et al., for repeal of revenue By Mr. .BRICK: Petition of legal voters of the Eighth Con- tax on denaturized alcohol-to the Committee on Ways and gre sional district of Indiana, for a service-pension bill-to the Means. Committee on Invalid Pensions. Also, petition against the tariff on linotype machines-to the By Mr. BROOKS of Colorado: Petition against the tariff on Committee on Ways and Means. · linotype machines-to the Committee on Ways and Means. By Mr. FIELD: Papers to accompany bill for relief of A. H. By Mr. BURLEIGH: Paper to a~ompany bill for relief of Franklin-to the Committee on Pensions. Joseph J. Roberts-to the Committee on Invalid Pensions. Also, paper to accompany bill for relief of Stephen A. Daniel- By Mr. BURLESON: Petition of W. M. Cobb, against the to the Committee on Pensions. tariff on linotype machines-to the Committee on Ways and Also, paper to accompany bill for relief of William R. Means. Wooten-to the Committee on Pensions. By Mr. BURTON: Petition against the tariff on linotype rna- By 1\Ir. FITZGERALD: Petition of the New York State chines-to the Committee on Ways and Means. Agricultural Society, for repeal of revenue tax on denaturized By Mr. BUTLER of Pennsylvania: Petitions of E. L. Pratt; alcohol-to the Committee on Way-s and Means. the Democrat, of Chester, Pa., and. Charles C. Hadley, against Also, petition of the Japanese and Korean Exclusion League, the tariff on linotype machines-to the Committee on Ways and of San Francisco, to enforce Chinese exclusion-to the Com- / Means. mittee on Immigration and Naturalization. Also, petition of David F. Houston Council Junior Order By Mr. FLACK: Petition of J. B. and H. B. Sikes, of Clinton, United American Mechanics, favoring restriction of immigra- N. Y., against the tariff on linotype machines-to the Oommit- tion-to the Committee on Immigration and Naturalization. tee on Ways and Means. Also, petition of Charles Longsworth, for repeal of revenue tax Also, petitions of Malone Grange, No. 959; Adams Center on denaturized alcohol-to the Committee on Ways and Means. Grange., No. 590, and Scotch Bush Grange, No. 699, Patrons of Also, petition of Council No. 248, of West Chester, Pa., favor· Husbandry, for repeal of revenue tax on denaturized alcohol- , ing re triction of immigration-to the Committee on Immigra- to the Committee on Ways and Means. tion and Naturalization. By 1\Ir. FLETCHER: Petition of the 1\fiUtary Park Monu- 1 By Mr. CAMPBELL of Kansas : Petitions of E. A. Perry et ment Commission, protesting against the proposed consolidation al.; General Early Post, No. 49; General Russell Post, No. 65: of the National Military Park Association into one body-to Osage Post, No. 156, and Walnut Post, No. 231, Grand Army of the Committee on Military Affairs. the Republic, Department of Kansas-to the Committee -on In- By Mr. FORDNEY: P~tition of W. L. Wright, E. N. Galla- · valid Pensions. gher, and C. C. Vaughan, against the tariff on linotype rna- Also, petition against bill H. R. 4429-to the Committee on chines-to the Committee on Ways and Means. the Post-Office and Post-Roads. By Mr. FRENCH: Petition asking that revenue be removed By Mr. CANDLER: Petitions of G. W. Dudley, of Iuka, from alcohol used for industrial purposes-to the Committee on Miss., and J. C. Martin, of Corinth, :1\Iiss., against the tariff on Ways and Means. linotype machines-to the Committee on Ways and Means. Also, petition of citizens of Rupert, Idaho, upon applying By Mr. CHAPMAN: Petitions of John B. Smith, F. M. Cun- funds from the sale of town sites on reclaimed lands to the ree ningham, and the Metropolis Herald, against the tariff on lino: larnation fund and addition of the cost of reclamation to the type machines-to the Committee on Ways and Means. settler -to the Committee on the Public Lands. By l\lr. COOPER of Wisconsin: Petitions of the editor of the By Mr. FULLER: Petition of Edw. ~I. Livingston, against Racine Post, Dan S. Passage, I. B. Worthington, Emery Odell, the "fraud order" of the Post-Office Department-to the Com the Burlington Standard Democrat, and Charles A. Booth, for mittee on the Post-Office and Post-Roads. removal of the tariff on linotype and composing machines-to Also, petition of Benson Knitting Company, for an increase the Committee on Ways and Means. of the tariff on German imports-to t be Committee on Ways By Mr. CRUl\fPA.CKER: Paper to accompany bill for relief and Means. of William B. Young-to the Committee on Military Affairs. Al o, paper to accompany bill for relief of Clark A. Wmans-to Also, petition of J. H. Stephenson and John Bowie, against the Committee on Invalid Pensions. the tariff on linotype machines-to the Committee on Ways and I Also, petition of the Continental Color and Chemical Com Means. pany, relative to rates of tariff on dyestuffs-to tbe Committee By Mr. DALZELL: Petition of the Braddock Evening Her- on Ways and Means. . . J734 CONGRESSIONAL RECORD-HOUSE. JANUARY 29, Also, petition of W. H. Ray, against the tariff on linotype ma By Mr. LITTAUER: Petitions of the Star Publishing Com chines-to the Committee on Ways and Means. pany, of Glens Falls; the Saratogian; the Glovers Revillo Com Also, petition of the American Mining Congress, of Denver, pany, and the Standard, of Fort Pearin, N. Y., against the tariff Colo., for aid to schools of mines-to the Committee on Mines on linotype machines-to the Committee on Ways and Means. and Mining. By Mr. LORIMER: Paper to accompany bill for relief of By Mr. GARNER: Petitions of Ed Eberhard and H. G. Wood, Samuel 0. Gregory-to the Committee on Invalid Pensions. against the tariff on linotype machines-to the Committee on By Mr. LOUDENSLAGER: Petition against the tariff on Ways and Means. linotype machines-to the Committee on Ways and Means. By Mr. GOULDEN: Resolution of the Association for Im By Mr. McNARY: Petition of Fred F. Mosher, against the proving New York Harbor-to the Committee on Rivers and tariff on linotype machines-to the Committee on Ways and Harbors. Means. - Also, letter protesting against bill H. R. 3-to the Committee Also, petitiop of William G. Curtis, M. D., of Quincy, Mass., on Ways and l\feans. for repeal of revenue tax on denaturized alcohol-to the Com Also, letter from the Military Order of Foreign Wars of the mittee on Ways and Means. United States Army, of New York City, favoring S. Res. 11-to By Mr. ·MAHON: Petition of George W. Wagenselle, against the Committee on Military Affairs. the tariff on linotype machines-to the Committee on Ways and Also, .resolution of the Maritime Association of the Port of Means. New York, favoring improvements in New York Harbor-to the By Mr. MANN: Paper to accompany bill for relief of Charles Committee on Rivers and Harbors. L. Noggle-to the Committee on Invalid Pensions. Also, memorial of citizens of Alaska, praying for recogni By Mr. 1\IARSHALL: Petition of citizens of North Dakota, tion-to the Committee on the Territories. for untaxed alcohol-to the Committee on Ways and Means. Also, petition of F. Knabe and 14 others, of New York City, By Mr. OLMSTED : Petition of General Simon Cameron Corm· favorable to relief of the General Slocurn disaster survivors cil, No. 21, Order United American Mechanics, of Harrisburg, to the Committee on Claims. Pa., favoring restriction of immigration-to the Committee on Also, resolution of the Medical Society of New York, favoring Immigration and Naturalization. reorganization of the Meaical Corps of the United States Army Also, petition of Edward S. Croll, for repeal of revenue tax on and Navy-to the Committee on Military Affairs. denaturized alcohol-to the Committee on Ways and Means. Also, petition· of J. Lippner and 9 others, of New York City, Also, petition against the tariff on linotype machines-to the favoring relief of the survivors of the Genm·az SZocurn disaster Committee on Ways and Means. . to the Committee on Claims. By Mr. OTJEN: Petition against the tariff on linotype ma . By Mr. GROSVENOR: Petition of the Century Club, of Chilli chines-to the Committee on Ways and Means. cothe, Ohio, for preservation of Niagara Falls-to the Committee By Mr. OVERSTREET: Petitions of W. H. Coleman, Robert on E'oreign Affairs. W. Brown, and the Green-1\fcKinnon Lumber Company, for re By Mr. HAMILTON: Petition of the Grobhiser & Crosby peal of revenue tax on denaturized alcohol-to the Committee on Furniture Company, for repeal of revenue tax on denaturized Ways and Means. alcohol-to the Committee on Ways and Means. By Mr. P ALl\IER : Petitions of Division No. 64, Order of Rail Also, petition against the tariff on linotype machines-to the way Conductors, and Lodge No. 511, Brotherhood of Railway Committee on Ways and Means. · Trainmen, relative to the Bates-Penrose bill-to the Committee By Mr. HASKINS : Petitions of F. E. Langley, of Barre, Vt., on the Judiciary. and the Argus and Pah·iot, of Montpelier, Vt., against the tariff Also, petition of manufacturers of wood alcohol in Pennsyl on linotype machines-to the Committee on Ways and Means. vania, for repeal of revenue tax on denaturized alcohol-to the By Mr. HAYES : Paper to accompany bill for relief of Mat Committee on Ways and Means. thew Totten-to the Committee on Military Affairs. Also, petition of City Lodge, No. 179, Order of Railway Train Also, petition against the tariff on linotype machines-to the men, relative to bill H. R. 9328-to the Committee on the Judi Committee on Ways and Means. ciary. . · · By Mr. HEDGE: Petition against the tariff on ' linotype Also, petition of William P. Hunter, against the tariff on lino machines-to the Committee on Ways and Means. type machines-to the Committee on Ways and Means. By Mr. HENRY of Connecticut: Petition against the tariff Also, petitions of Colonel H. B. Wright Council, No. 806 ; An on linotype machines-to the Committee on Ways and Means. thracite Council, No. 487; Ashley Council, No. 149 · Willow By Mr. HEPBURN: Petition against the tariff on linotype Grove Council, No. 139; Molders' Union Council No. 2is; Han machines-to the Committee on Ways and Means. over Council, No. 251; William J. Boyers Council No. 232 · By Mr. HILL of Connecticut: Petition of Wichita Grange, Pleasant Hill Council, No. 390 ; Columbia Council;' Wanami~ No. 132, Patrons of Husbandry, for repeal of revenue tax on Council, No. 349; Hanover Council, No. 251, and Wilkes-Barro denaturized alcohol-to the Committee on Ways and Means. Council, Junior Order United .American Mechanics, and John Also, petition against the tariff on linotype machines-to the Knox Commandery, No. 12, Knights of Malta, favoring restric Committee on Ways and Means. tion of immigration-to the Committee on Immigration and By Mr. HINSHAW: Petitions of W. E. Dayton & Son and Naturalization. E. A. Nalrath, against a tariff on linotype machines-to the By Mr. PATTERSON of Tennessee: Resolution of the South • Committee on Ways and Means. ern Corn Millers' Association, of Nashville, Tenn. favoring Also, petition of F. W. Judson! of Nebraska, favoring a reduc curtailing the powers of the Interstate Commerc~ Commis tion of postage on first-class mall matter to 1 cent-to the Com sion-to the Committee on Interstate and Foreign Comm~rce. mittee on the Post-Office and Post-Roads. ·Also, resolution of the Chamber of Commerce of New York By Mr. HOGG: Petition against the tariff on linotype ma favoring extension of the consular service-to the Committe~ chines-to i.be Committee on Ways and Means. on Foreign Affairs. By Mr. HOLLIDAY: Petition against the tariff on linotype Also. resolution of the American Mining Congress of El machines-to the Committee on Ways and Means. Paso, Tex., favoring a Department of Mines and Mi~ing-to By Mr. HOWELL of New Jersey: Petitions of Hugh Boyd, the Committee on Mines and Mining. the Red Bank Register, and the Ocean Grove Times, against the Also, resolution of the Commercial Law League of America tariff on linotype machines-to the Committee on Ways and favoring the Lodge consular bill-to the Committee on Foreig~ Means. · Affairs. By Mr. HUBBARD: Petition against the tariff on linotype Also, letter from the University of Tennessee, favoring en machines to the Committee on Ways and Means. largement of experiment-station schools for agricultural im · By Mr. KNAPP : Petition of William E. Hughes, against the provement-to the Committee on Agriculture. tariff on linotype machines-to the Committee on Ways and Also, resolution of the Arizona Cattle Growers' Association, Means. against joint statebood-to the Committee on the Territories. By Mr. LILLEY of Pennsylvania: Petitions of Grange No. Also, resolution of the Memphis (Tenn.) Merchants' Ex 1209, the Glen Hazel Chemical Company, the Wright Chemical change, favoring improvement of the consular service-to the Company, the Ararat Chemical Company, the Jefferson Chemical Committee on Foreign Affairs. Company, the Susquehanna Chemical Company, the Wayne Also, petition of the Association of Commissioners of Agricul Chemical Company, and the Penn Chemical Company, for re ture of the Southern States, favoring ·an appropriation to exter peal of revenue tax on denaturized alcohol-to the Committee minate the cotton boll weevil-to the Committee on Agriculture. on Ways and Means. Also, resolutions of the North Carolina State board of agri . Also, paper to accompany bill for relief of Mabel Sott-to the culture of June 3, 1905; the Interstate Live Stock Association, Committee on Invalid Pensions. of Guthrie, Okla. ; the North Carolina State Farmers• Assocla- 1906. CONGRESSIONAL . RECORD-HOUSE. 1735. tion, and the Veterinary Medic3J Association, of Cleveland, By Mr. SPERRY: Petitions of Newton Dexter and the Church -ohio, favoring an appropriation for the extermiriation of the Press, against the tariff on linotype machines-to the Committee cattle tick-to· the Committee on Agriculture. on Ways and Means. - . Also, resolution of the Chamber of Commerce of New York, · Also, petition of Mattabesset Council, No. 12, Order United favoring an amendment to customs laws-to the Committee on American Mechanics, favoring restriction of immigration-to Ways and Means. the Committee on Immigration and Naturalization. By Mr. PERKINS : Petition against the tariff on linotype By Mr.' SPIGHT: Paper to accompany bill for relief of John machines-to the Committee on Ways and Means. McLane-to the Committee on Invalid Pensions. By Mr. POWERS: Petition against the tariff on linotype ma- By Mr. STERLING: Petition against the tariff on linotype chines-to the Committee on Ways and Means. ' macbines.:.__to the Committee on Ways and Means. By Mr. RAINEY : Petition against the tariff on linotype rna By Mr. SULLIVAN of Massachusetts: Petition against the chines-to the Committee on Ways and Means. 1;ariff on linotype machines-to the Committee on Ways and By Mr. REYNOLDS: Petition of the Bellwood {Pa.) Bulle Means. · tin, for removal of the tariff on linotype and composing ma- By Mr. SULLIVAN of New York: Petition of the New York chines-to the Committee on Ways and Means. · State Agricultural Society, for repeal of revenue tax on denat Also, petition ot the Organization of General Slocum Sur urized alcohol-to the Committee on Ways and Means. · vivors, in favor of the Sulzer bill-to the Committee on Appro- Also, petition of W. L. Sanderson Post, Grand Atmy of the priations. ' Republic, for aid in caring for the· cemetery at New Albany, Ind., ' Also, petitions of Granges Nos. 1118, 1124, and 1116, all of and an auditori~ for the Soldiers' Home-to the Committee Pennsylvania, in favor of the untaxed denaturized alcohol bill on Military Affairs. to the Committee on Ways and Means. Also, petition of the George A. Moss Company, for repeal of . Also, resolutions of East Tyrone Council, Good Will Council, revenue tax on denaturized alcohol-to the Committee on Ways and James A. Ga·rfield Council, Junior Order United American and Means. Mechanics, favoring laws to restrict immigration-to the Com- Also, petition of Margaret Dye .EIU et al., against liquor in ·mittee on Immigration and Naturalization. -· · Indian Territory and _all Government buildings, etc.-to the Also, petition of Cambria Grange, No. 116, in favor of the Committee on Ancoholic Liquor Tralfic. . Adams bill-to the Committee on Agriculture. By Mr. SULZER : Petition of the New York Anti-Saloon ·Also, petition of ·the Inquirer Printing ·company, of Bedford, League, against liquor in Indian Territory and bklahoma-to Pa., and S. H. Van Ormer, of the Bedford (Pa.) Gazette, for the Committee on Alcoholic Liquor Traffic. · the reinoval of the. tariff on linotype and composing machines Also, petition of the Japanese and Korean Exclusion League, to the Committee on Ways and Means. for enforcement of the Chinese-exclusion act-to the Committee· By Mr. RIXEY: Petition of Belle Haven Council, Junior on Immigration and Naturalization. · Order United Amerfcan Mechanics, favoring restriction of immi Also, petition of E. J. Warner, against liquor in all Army gration---.:to the Committee on Immigration and Naturalization. posts-to the Committee on Alcoholic Liquor Traffic. Also, petition of the Mount Vernon and Marshall Hall Steam Also, petition of the New York State Agricultural Society boat Company (Limited), relative to Potomac navigation in the and the Country Gentleman, for repeal of revenue tax on vlci:hity of 1\Io"tmt Vernon-to the Committee on Rivers and denatUrized alcohol-to the· Committee on Ways and Means. Harbors. By Mr. THOMAS of North Carolina: Petition of Pimlico Also, paper to accompany bill for relief of Russell C. Spauld Council, Junio~ Order United Aplerican Mechanics, favoring re ing-to the Committee on Military Affairs. striction of immigration-to the Committee on Immigration and Also, paper to-accompany bill for relief of Elizabeth J. Meek Naturalization. . · to the Committee on Invalid Pensions. Also, petition of A. Roscower and Charles L. Stevens, against ·By Mr. RUCKER: Petition of J. E. Ford, of the Herald, the tariff on linotype machines-to the Conimittee on Ways and Galt, Mo., for the removal of the tariff on linotype and com Means. · posing machines--to the Committee on Ways and Means. By Mr. UNDERWOOp: Petition of J. A. Hendrix et al., By Mr. -RYAN: Petition of the mayor of New York et al., against the tariff on hides-to the Committee on Ways and against bill H. R. "145-to the Committee on Interstate and For- Means. · ·· · eign Commerce. . By Mr. VAN WINKLE : Petition of Eureka Council,· Junior Also, ,petition of the Buffalo Catholic Company, against the Order United American Mechanics, of Jersey City, N. J., favor tariff on linotype machines-to t'be Committee on Ways and -ing restriction of immigration-to the Committee on Immigra Means. tion and Naturalization. By Mr. SCHNEEBELI.: Petiti~n of the Organization of Gett By 1\fr. WADSWORTH : Petitions of C.· C. Hayden, of Holley; eraZ Blocttm Survivors, praying for relief-to the Committee on Frederick M. Corson, of Lockport; "'Levi A. Cass, of Warsaw, Appropriations. and L. H. Beach, of Albion, N. Y., .against the tariff on linotype . Also, resolutions of Bowman Council, No. 440, and Atlas machines~to the Committee on Ways and Means. Council, Jnnior Order United American Mechanics, of Sieg By Mr. WILEY: Petition of different cattle associations, for fried, Pa., favoring extension of immigration laws-to the Com aid to exterminate the cattle tick-:-to the Committee on Agri mittee on Immigration and Naturalization. culture. Also, letter from S. H. Bender~ of Kutztown, Pa., favoring an Also, petition against the tariff on linotype machines-to the increase of pay for the Hospital Corps, United States Navy-to Committee on Ways and Means. · the Coinmi ttee on Naval Affairs. By Mr. WOOD of New Jersey: Paper to accompany bill for By Mr. SHEPPARD : Petition against the tariff on linotype relief of Daniel Delts-to the Committee on Invalid Pensions. · machines--to the Committee on Ways and :Means. · Also, petition against the' tariff on linotype machines-to the Also, papers to accompany bil.l (H. R. 2307) granting a pension Committee on Ways and. Means. to Joseph J. Martin, and papers to accompany bill {H. R. 2306) By Mr. WEISSE . Paper to accompany bill for relief ·of Min granting a pension to James W. Stell-to the Committee on nie Irwin-to the· Committee· on Invalid Pensions. Pensions. _ . Also, petition of the Committee on Commercial Law, for the Also, paper to accompany bill for relief of May L. Daven- bankruptcy bill-to the Committee on the Judiciary. port-to the Committee on Invalid Pensions. , Also, petition of N. F. Weber, against the tariff on linotype By Mr. SHACKLEFORD: Petition of . citizens of Missouri, machines-to the Committee on Ways and Means. favoring restriction of immigration-to the Committee on Immi- Also, petition of the Western Fruit Jobbers' Association, gration and Naturalization. · relative to railway transportation-to the Committee on Inter By Mr. SHERLEY: Affidavit to accompany bill for pension for state and· Foreign Commerce. Julia A. Bacbus-to the Committee on Invalid Pensions. · Also, petition of the Wisconsin Humane Society, relative to By Mr. SMITH of Arizona: Protests against joint statehood transit of live stock-to the Committee on Interstate and For- from citizens of Ari.wna Territory-to the Committee on the eign Commerce. · Territories. · Also, petition of A. E. Yoell, for strenuous execution of Also, petition and resolution of the United Brotherhood of Chinese exclusion-to the Committee on Immigration and Carpenters and Jobbers of Prescott, Ariz., Local No~ 1416, Naturalization. against foreign immigration-to the Committee on Immigration Also, pamphlet of the National German-American Alliance, and Naturalization. · relative to the beer industry-to the Conimittee on the Post By Mr. SMITH of Texas: Petition against the· tariff on lino Office and Post-Roads. type machines--to the Committee on Ways and Means. Also, petitions· of D. J. Hotchkiss and W. F. Weber, against - By Mr. SOUTHARD : Petition against the tariff {)n linotype the tariff on linotype machine~to the Committee on Ways and machines-to the Committee on Ways and Means. 1\Ieans.