1910. CONGRESSIONAL RECORD-HOUSE. 325

HOUSE OF REPRESENTATIVES. many of the so-called "conservationists," he has done something .more than sermonize and talk in glittering generalities that WEDNESDAY, January 5, 1910. tickle the fancy and mean nothing. For the first time we have The House met at 12 o'clock m. presented to Congress a fixed and definite plan to eonser>e the Prayer by the Chaplain, Rev. Henry N. Couden, D. D. resources of the country; a plan upon which Congress can act; The Journal of the proceedings of yesterday was read and a plan upon which results can be accomplished. And this plan approYed. is presented by Secretary Ballinger. I do not believe that th~ INVESTIGATION OF INTE:RIOR DEPARTMENT. most advanced conservationist can go further or desire more than these recommendations made to Congress by the Secretary. Mr. HU)lPHREY of Washington. 1\fr. Speaker, it is my in­ But these public acts have weighed nothing with certain -0f tentio n to iutroduce a re...,<=olution (H. J.- Res. 102) calling for his accusers. In fact, every time he has done what they con­ an im·eEtigation of the Interior Department and of the Bureau demned him for not doing their attacks have grown more bitter of F-0resh·y of the Agricultural Department, and I ask unani­ and malicious. His complete exoneration by the President, mous con ent thn.t I may be permitted to address the House after careful and patient investigation of all the charges, was for ten lllinutes at this time, in order that I may make a state­ the signal for renewed attempts to discredit him and force him ment in reference to lt. to resign. The word of the President has no weight with tho e The SPEAKER. The gentleman asks unanimous consent who now seek to destroy Secretary Ballinger. It has become that he may address the House for ten minutes. ls there objec­ a well-settled conviction with many throughout the country tion? that these attacks upon Secretary Ballinger are, in reality, at­ There was no objection. tacks upon President Taft and the present administr·ation. l\lr. HU:\IPHREY of Washington. :Mr. Speaker, almost from Whether or not this is true, the time h.as come for the whole the day he took his seat in the Cabinet tl:le Secretary of the cotmtry to know the facts. Secretary Ballinger has demanded Interior has been .attacked and denouneed by a certain class of an investigation and has insisted that it shall be thorough and newspapers and magazines. They have by insinuation, innu­ wide enough to include eYerything connected with him and his endo, o.ud by direct statement accused him of running that great department. The ·country demands this investigation. Let us deprui:ment not in the interest of fhe Government, but in the haw the light. intere t of prirnte parties. It has :also been frequently charged As I have known Secretary Ballinger for many years, so have ·that these attacks upon the Secr·etary of the Interior were I kn-0wn Mr. Gifford Pinchot for several years. I have been a largely inspired, if not actually prepared, by persons connected friend of both and am to-day. I believe that both in their with the Bureau of Foresh·y in the Department of Agriculture. public lives ha-ve tried honestly to serve the public. I believe The time has come when the people of the country should know both have done their duty as they saw it. About them centers the truth Jn relation to these matters. During all these weeks this agitation. The condition has become intolerable. If the Secretary Ballinger has answered these attacks and charges facts demonsh·ate that either or both have been guilty of any up n his moth-es and his integrity with the mere statement that, a.ct deserving it, let them be promptly removed from public life. they were untrue. In his case forbearance has long since ceased If there is nothing in these charges, then let us have an investi­ to be a virtue. It is of common kn-0wledge that the action of gation that will make the truth so plain th.at it will forever the Secretary of the Interior in refusing to say more in his own close the polluted lips of slander. defense was not in accord with his personal desire, but entirely out of deference for the express wish of the President. l\Ir. Speaker, I now .offer the following resolution, which I 'l'he Secretary from the very beginning wanted to give ills think will accomplish these results, and I ask that it be read side of the controversy to the public. He contended from the at this time. beginning that he had nothing to conceal :and that he had a The SPEAKER. The gentleman desires that it be read in his complete defense to every charge made. The judgment of tbe own time? President now coincides with that of Secretary Ballinger. Mr. HUMPHREY of Washington. Mr. Speaker, I ask unani- They both believe that the time has come for the fullest and mous consent that it be read at this time. most complete investigation. One thing is certain, that he who The SPEAKER. Is there objection? to-0.ay attempts to draw any unfavorable conclusion from the There was no objection. delay of the Secretary in presenting his .side of the case to the The Clerk read as follows: public strikes not at Secretary Ballinger, but he directly as­ House resolution 102. saults the President. About this there can be no mistake. Resolved, etc., That a special committee of 12 Members be appointed, · There is an old proverb which says that no man suddenly be­ 6 of whom shall be designated by the President of the Senate from the Membe1·s of that body and -6 of whom shall be designated by tlle comes infamous. If the charges against Secretary Ballinger Speaker of the House of Representatives from the Members of that are true, then the old proverb has lost its wisdom. I have body which committee is hereby empowered and directed to make a lived for many years in the same city and same State in which thorou"'h and complete investiga tion of the admlnistration and conduct of the Interior Department, its several bureaus, officers, and employees, Secretary Ballinger has lived. In that State he was for years and of the Bureau of Forestry in the Agricultural Department, its offi­ a judge of the superior court. He served with distinction~ and cers and employees, touching or relating to the reclamation, conser­ fair­ vation, management, and disposal of the public lands of the United not a word was ever whispered against his integrity -or States or any land held in trust by the United States for any purpose, ness. F-0r one term he was mayor of Seattle. No one ever including all the natural resources of such lands; and said committee que tioned his honesty or ability. He gave the city a model is authorized and empowered to make any further investlgatlon touch­ ndministration and declined a reelection. At the request of ing said Interior Department, its bureaus, officers. and employees, n.ncl of said Bureau of Forest ry, its officers and -employees, as it may deem '.rheodore Roosevelt he became Commissioner of the G€neral desirable. Said committee is hereby empowered to sit and act during Land Office. He did not seek this place and did not want it. the recess of Congress and during the session of either or both Houses He was induced to accept it only at the most earnest solicita­ of Congress, to 1·equire the attendance of witnesses and the production of papers by subpama or otherwise, to swear such witnesses and take tion of the President and the then Secretary of the Interior. their testimony under oath or in writing, to obtain documents, papers, He filled this place in such a manner that when he resjgned and other information from the several departments of the Government or any bureau thereof, to employ a stenographer to take and make a and went back to Seattle he received the highest praise and record of all evidences received by the committee, and to keep a record commendation from President Roosevelt. of its proceedings, and to employ such assistance, legal and otherwise, In a.11 these positions he had been successful. He had filled as may be deemed necessary. All the costs and expenses of said investi­ In gation shall be paid one-half from the contingent fund of the Senate them in a way that met the approval of the people. every and one-half from the contingent fund of the House of Representatives. relation of life he had been true. No man stood higher with All hearings by -said committee -shall be open to the public. The com­ those who knew him. He had lived a clean, honest, and upright mittee shall report to Congress all the evidence taken and their findings life. He had won the confidence and esteem of his neighbors. and conclusions thereon. And in case of disobedience to a snbprena this commlttee may in­ No man in all these years of public service and of private life voke the aid of the court of appeals of the District of Columbia or had ever pointed at him the finger of suspicion. No man living any of the circuit e-0urts of the United States within the jurisdiction of which any inquiry may be carried on by said committee in requir­ bore a better reputation.. He had retired from office. He did ing the attendance and testimony of witnesses and the production of not want public place, but again he was urged to accept political books, papers, and documents under the provisions of this resolution. preferment, and became a part of President Taft's official fum­ And the court o! appeals of the District o! Columbia and any of the ily. Immediately this man, whom his neighbors and friends circuit courts of the United States within the jurisdiction of which the inquiry under this resolution is being carried on, may, in case of and President Roosevelt had known and trusted, was charged contt1macy or refusal to obey a subprena issued to any person under with c-0nduct such as to make him unfit to hold any public authority of this resolution, issue an order requiring such person to office. An honest life of many years was no protection again.st appear before .said commlttee and produce books and papers, if so ordered, and give evidence touching the matter in question, and any fail­ these attacks. He was accused of permitting certain interests ure to obey such order of the court may be punished by such court as a to seize the natural resources of the country. It is charged that contempt thereof. The claim that any such testimony or evidence may tend to crimi:nate the person giving -such evidence shall not excuse he is not in harmony with the conservation movement. Yet it such witness from testifying, but 13UCh evidence or testimony shall not must be said .of him that instead of following the example -0f be used against .such person on the trial of any criminal proceeding. 326_ CONGRESSIONAL RECORD-HOUSE. JANUARY 5,

REQUESTING INFORMATION CONCERNING STEAM YACHT NOUBMA.HAL. claring by himself and by the Attorney-General of the United l\lr. HILL. l\Ir. Speaker, under insh·uctions from the Com­ States that the Senate had no right under the law to-make-the mittee on Expenditures in the Treasury Department, I desire demand, and he was sustained by the law, which allowed him to make a privileged report on House resolution 188, and to give to publish it or not to publish it, according to his will or notice that I wiJI call it up to-morrow morning. pleasure. This was but a mere incident of quite an unimportant The SPEAKER. The Clerk will report the title of the reso­ character relating to information or facts acquired by a public lution. official in his examination and investigation of a public corpora­ The Clerk read as follows: tion suspected of doing injury to the public by conspiring to Resolution (H. Res. 188) requesting certain information of the Secre· destr-0y whole ome and lawful competition. This bill now tary of the Treasm·y. being considered really permits the President of the United CALENDAR WEDNESDAY-GOVERNMENT OF CANAL ZONE. States to make all civil goYernment in the Panama Canal Zone subo~·djD.c'lte to the military. We may Ray, very properly, that The SPEAKER. This being calendar Wednesday, on last President Taft would never do that. That is quite true, but calenuar ·w ednesday the .House had under consideration in the it is the principle and the precedent that we antagonize. Who1e House on the state of the Union a bill the title of which It is earnestly asserted by those who faYor the bill that the the Clerk wm read. purpo e "is to concentrate a11 law and power--dvil, military, · The Clerk read as follows: judicial, and executive-in the hands of the President, so that A bill (II. R. 12316) to provide for the government of the Canal the people can have one man to look to for responsibility. It is Zone, the construction of the Panama Canal, and for other purposes. a strange time to reach that conclusion at this late day. We The SPEAKER. The Chair declares the House, under the have passed through the fierce ordeals of doubt and h'ouble in rules, in Committee of the Whole House on the state of the the formative period when we were settling and olving the Union, and the gentleman from Kew Hampshire [l\Ir. CURRIER] great problems that threatened the success of the canal. We will take the chair. have already solved the three great problems that made trouble The CHAIR~IAN (l\Ir. CURRIER). The House is in the Com­ for the French in their efforts to dig the canal, and which mittee of the Whole House on the state of the Union for the final1y brought disaster t9 their project. We have first and consideration of the bill H. R. 12316. When this bill was under above all other considerations settled to our credit throughout consideration in Committee of the Whole House on the state the world the appalling death· conditions, and converted a con­ of the Union general debate was concluded and the first section taminated, disease-breeding strip of tropical land to a condition of the bill was read. That section is still open to amendment. of sanitation that compares favorably in its death rate to any Without objection, the Clerk will again report the first section city in the Union. . of the bill. Sick men are not able to handle picks and shovels, but we The Clerk read as follows: must ha "te strong men, with healthy appetites and good diges­ Be it enacted, etc., The zone of land and land under water of the tion, to do hard, manual labor in a tropical climate. Doctor width of 10 miles, extending to the distance of 5 miles on each side of Gorgas, for his magnificent work, his indispensable work to a the center line of the route of the canal to be constructed thereon, 1 successful cana1, is the pride to-day of the medical profession which zone begins in the Caribbean Sea 3 marine miles from mean low-water mark and extends to and across the Isthmus of Panama into of America and has received the plaudits of the world. We the racific Ocean to the distance of 3 marine miles from mean low­ solYed some years since the serious problem that bewildered us, wa ter mark, including all islands within said described limits and in how to house and feed the forty-odd thousand employees neces­ addition thereto the group of islands - in the bay of Panama named l'e1·ico, Naos, Culebra, and Flamenco, and any lands and waters out­ sary to work on the canal. That solution has been succes fully side of said limits above described which may be or from time-to time made, and to-day there are not to be found in the world better may become necessary and convenient for the construction, maintenance, housed and better fed laborers. The lock-and-dam plan for the operation, sanitation, or protection of the said canal or of any aux­ iliary canals, lakes, or other works necessary and convenient for the canal has been adopted and everything is moving along harmo­ construction, maintenance, operation, sanitation, or protection of said niously--efficiently and honestly conducted. Now, after all this enterprise, the use, occupation, and control whereof were granted to the gratifying work has been done, and the time for the completion United States by the treaty between the United States and the Republic of Panama, the ratifications of which were exchanged on the 26th day of the canal under this successful regime is not far off, then of Pebruary 1904, and all other territory over which the United this bill is thrust before Congress, demanding that everything States now has or may have hereafter obtained governmental control in the government of the canal be changed in the " twinkling situate within the territorial limits of the Republic of Panama, shad be known and designated as the Canal Zone, and the canal to be con­ of an eye." Why change it? Will the proposed change ex­ structed thereon shall be hereafter known and designated as the pedite the building of the canal? No. Will it be more eco­ Panama Canal. nomically built? No. Will order be better preserved? No. l\Ir. RICHARDSON and l\Ir. KEIFER rose. The real, plain fact is, no reason has been given to the com­ l\Ir. RICHARDSON. Mr. Chairman, I move to strike out the mittee for the necessity of a change. last word. Why, Mr. Chairman, there has not been a man who bas Mr. KEIFER: Mr. Chairman, I desire to ask a question. I been down to the Panama Canal as a visiting statesman or understand this section is subject to amendment. otherwise that I have heard of who has not come back and The CHAIRMAN. This section is still open to amendment. praised the organization. It is doing well; it is absolutely Mr. KEIFER. I have an amendment which I desire to offer. meeting all the re::.·.:. irements and expectations of the public in l\Ir. RICHARDSON. l\Ir. Chairman, I shall not in the time building that great canal and will complete the job by the 1st allowed me undertake to discuss any of the many questions of day of January, 1915. Why, then, change it? The old adage constitutional authority or fundamental principles of law aris­ which used to be advanced by a great and distinguished Re­ ing under this bil1, but the plain question and main objection publican was " let well enough alone," and the Republican to my mind in this bill that I shall discuss is the same feature party ought especially to stand up for that maxim to-day. of the bill when I opposed it in the last Congress. I do not What reason is given to this House, what proof is there, that believe, to start with, there ought to be such concentration of it is not working well down there? Why, I hold in my hand power in the hands of one man. To do this is rm-American and here a newspaper article of an interview with Senator PEN­ an exceedingly bad precedent. An American citizen in the ROSE and others, who have just returned from a visit to Pan­ Panama Zone is entitled to some liberties and rights. Ah, Mr. ama, and they say that the organization is perfect, that it is Chairman, this House will recall the fact that in the organiza­ complete, that it is doing magnificent work. Then, why change tion of the Department of Commerce and Labor there was a it? Simply for the reason that the chairman in the majority provision in that bill which gave the President of the United ·report says it is "desirable-'' to do so. No evidence has been States the power to have investigations made by the Commis­ brought before us; not one scintilla of evidence came before sioner of the Bureau of Corporations, and when the data were the Commerce Committee. secured and turned o•er to the President he could withhold and If we give the power supreme to the President and let him suppressed just such data as he pleased and publish a part of delegate it to the director-general and let the director-general, the facts or not publi h them, as he pleased. It was my pleasure who will be an engineer, as a matter of course, be clothed with to oppose the section very earnestly as giving too much power the authority this bill gives him, elect a judge to pass upon to the President. It -was too much of a one-man power. It the liberties, lives, and properties of the e people down there was misnamed and miscalled a publicity feature to keep corpo­ when the qualified circuit judge is on leave of absence, as cer­ rations straight. tain1y is designated in this bill, it seems to me that a grave and In the natural order of things and the lapse of time there Yital responsibility is being imposed on a military engineer. was a resolution introduced in the Senate asking President Does he know anything about matters of law or competent and Roosevelt to furnish data which he had obtained from certain qualified lawyers? The director-general. will have the same corporations by an examination made by the Commissioner of supreme power that is delegated to the President. I say that Corporations at the request of the President, and so forth, and is not right. In addition to that, l\Ir. Chairman, I eame tly be refused to give it to the Senate under that resolution, de- object t~ the limitation that is put upon the right of appeaL 1910. CONGRESSIONAL RECORD-HOUSE.

The highest privilege of the American citizen is to have his Mr. MANN. Mr. Chairman,· if I stated that the gentleman case, either civil or criminal, reviewed by a higher court, but from Ohio was ridiculous, it was an inadvertence. I said the under this law he can not have a case appealed, have it re­ amendment was ridiculous. I would not say that the gentleman viewed, except the punishment is death or life impris~nment. from Ohio is ever ridiculous. He is only funny. Let the limit be death or imprisonment for a term not less than The treaty excluded the cities of Panama and Colon. The three years. That is at least humane. [Applause.} bill refers to the treaty, and the provision in the report which [Here the hammer felL] I wrote was for the special benefit of the gentleman from Ohio. Mr. KEIFER. I offer for adoption the following amend­ I believed that every other Member of the House, reading the ment. bill, would understand from its terms that it excluded the The Clerk read as follows:. cities of Panama and Colon, which were excluded by the treaty; Add, after the word " mark," at the end of line 9, page 1 of the bilf, but I was afraid that the gentleman from Ohio would not be the words : " Excepting therefrom the cities of Panama and Colo~, able to understand the meaning of the bill, and therefore I put located within said zone, as excepted in the treaty with the Republic it in the report for his benefit, and he has fallen into the error of Panama and dated November 18, 1903, but." of offering an amendment entirely unnecessary to accomplish 1\1.r. KEIFER. Mr. Chairman, it is obvious that if this mon­ the purpose which he thinks he has in mind. strosity of legislation is to become law, it ought to at least The CHAIRMAN. If there be no objection, the pro forma have some appearance of fairness toward the Republic of amendment offered by the gentleman from Alabama [l\Ir. Panama. We ought not to assume by this legislation that we RrcHABDSON] will be considered as withdrawn. The question are going to override the treaty between· the United States and is upon · agreeing to the amendment offered by the gentleman the Republic of Panama and assume to make laws for the from Ohio [Mr. KEIFER]. government of the cities of Panama and Colon, both of which The question was taken; and on a division (demanded by Mr• . a re excepted from the concession of 10 miles of breadth making KEIFER) there were-ayes 61, noes 56. up the zone. The draftsman of the bill had so many drastic Mr. MANN. I ask for tellers. things in mind that a little thing like this escaped him. It is Tellers were ordered, and the Chairman appointed Mr. MANN said in the report of the committee, in a parenthetic way, that and Mr. KEIFER. the cities of Panama and Colon· are excepted. But the bill The committee again divided; and the tellers reported-ayes nowhere makes the exception. I do not care particularly about 80, noes 53. aiding in attempting to improve such legislation as this will Accordingly the amendment was agreed to. be if this bill should become law. I do not approve the funda­ The Clerk read as follows : mental principles of the bill, but at the same time I think this SEC-. 2-. Subject to the provisions of this act and nntll otherwise amendment should go in, tor· appearance sake, if for no other. provided by Congress, all the military, civil, and judicial powers of the Bnt the treaty referred to in the amendment specifically excepts United States in the Canal Zone, including the power to make all laws, from the limits of the zone the cities of Panama and Colon. rules, and regulations necessary for the government of the Canal Zon~, and all the rights, powers, and authority granted to the United States There are some provisions in that treaty, not necessary to be by the terms of the treaty described in section 1 of this act shall be considered now under the proposed amendment, that give the vested in the President or such person or persons as the President s.hall1 United States certain rights for sanitary purposes and police from time to time, designate, de.tail, or appoint, and shall be exercised in such manner as the President shall direct for the government of the purposes under certain circumstances and conditions. I hope Canul Zone and the maintenance and protection of the inhabitants the amendment will be' adopted. thereof in the free enjoyment of their liberty, property, and religion; Mr. MANN. Mr. Chairman, the distinguished gentleman and all orders a.nd regulations with respect to the government of the Canal Zone heretofore enacted by the President or Jlursuant to his from Ohio possibly may have read this bill. I assume that he directions or authority, are ratified and confirmed, without prejudice has, or he would not have criticised it. But certainly he has to the power to revoke or amend the same. not read it with that rare degree of intelligence which ought to l\fr. SIMS. . I move to amend section 2. by striking out all characterize a Member' of the House. The bill does not include after the word " Congress," in line 20, all of lines 21 and 22, the cities of Panama and Colon in. its terms. The bill provides and all of line 23 to and including the word u and " ·after the in the "zone of land or lands under water of the width of 10 words u Canal Zone." miles," and so forth, "the use, occupation, and control whereof The CHAIRMAN. The gentleman from Tennessee offers the were granted to the United States by · the treaty between the following amendment, which the Clerk will report. United States and the Republic of Panama." Only that portion The Clerk read as follows : this of zone which we control under the treaty with Panama On page 2 strike out, beginning with the word " all," in line 20, is included in the Canal Zone, and a schoolboy 12 years old down to a.nd including the word " and," in line 23, the words proposed reading the bill ought to have known it, because it is as plain as to be stricken out being as follows : "All the military, civil, and judicial powers of the United States in - black is plain on white paper. The amendment is ridiculous. the Canal Zone, including the power to make all laws, rules, and regu­ Mr. KEIFER. What was the state of mind, Mr. Chairman, lations necessary for the government of the Canal Zone, and." of the distinguished author of this bill and the author of the Mr. HARDWICK. Will the gentleman yield for a question 1 report which I hold in my hand, of which he is the putative l\fr. SIMS. Yes. this father, when he, in undertaking to tell what bill was, used l\fr. HARDWICK. If the gentleman's amendment is adopted· this language, " the section " referred to sec:.tion 1, the one to and the rest of the section is left in it will not change the legal which I propose the amendment: effect of the section a particle, will it? The section provides that the 10-mile strip extending 5 miles on each l\fr. SIMS. I am perfectly willing that the gentleman may, side o! the canal- move to strike out the entire section. · N ow listen to the ridiculous- Mr. HARDWICK. I want to move to strike out the entire Excluding, however, the cities o! Panama and Colon. · section. He says it is " ridiculous" to propose to put the same thing Mr. SIMS. I am perfectly willing to yield to the gentleman in the bill which he did not believe, when he wrote the report, for that purpose. would be understood unless he qualified by using language Mr. HARDWICK. I offer the following amendment-­ which was not in the bill. Now, if there is anybody setting an The CHAIRJ\IAN. The Chair will say to the gentleman from example of being "ridiculous," it is the distinguished author of Georgia [Mr. HARDWICK] that his amendment will not be in this bill. [Laughter.] order until amendments to perfect the section have been acted That is not all. upon. The bill as read expresses the limit of the zone to be 5 miles Mr. HARDWICK. I understood that, but the gentleman on each side of the line of the canal; and it turns out that the from Tennessee states that he is willing to ha.-e my motion cities of Panama and Colon are within that 5-mile limit; and put, and I understand he is willing to withdraw his amendment the "ridiculous" people that made that treaty of 1903 thought temporarily. that it would be sensible and reasonable to say in· it "except The CHAIRMAN. If no amendment to perfect the section the cities of Panama and Colon." That is the reason we fell were pending, then the amendment would be in order. into the mistake of excepting them, in the opinion of the dis­ .l\fr. HARDWICK. If the gentleman withdraws his amend- tinguished gentleman from Illinois. The people who wrote the ment, mine will be in order. · treaty used this language. The distinguished gentleman him­ Mr. srus. I will proceed and let the committee act on my; self in writing his report put in a provision thnt was not in the amendment, and the gentleman can move to strike out the sec­ !Jill in order that we might understand that by some sort of tion afterwards. remote inference it did not include the cities of P:mama and Mr. HARDWICK. I want to call the gentleman's attention Colon. I ask that language excepting these cities go into the to the fact that even if his amendment were adopted, and -we bill, so that people who are not so endowed with something vested in the President of the United States all the powers beyond the common sense of things may understand this as well o.-er that Canal Zone, the President would still have exactly as the author of the bill. [Applause and laughter.] the same powers. 328 CONGRESSIONAL RECORD-HOUSE. . ~ANTIARY 5,

Mr. MACON. l\Ir. Chairman, if the gentleman from Ten­ one man for all time or until Congress by law shall change the nessee will permit me, I should like to say to the gentleman situation? from Georgia that his motion will be in order even if the l\lr. KEIFER. Will the gentleman yield for a suggestion? amendment of the gentleman from Tennessee is adopted. · Mr. Ul\"DERWOOD. Yes. Mr. SIMS. Mr. Chairman, I discussed this amendment dur­ Mr. KEIFER. I wish the gentleman would allow me to say ing the time of general debate. I do not know how many gen­ that the gentleman from Wisconsin bas oYerlooked the statute tlemen are here now who were not here then. The language that he refers to and bas only taken the ad captandum talk on I haYe moYed to strike out has been read by the Clerk. It this floor from time to time. There is no statute of the char-· proposes to Yest in the President all the military, civil, and acter referred to giving the same powers to Thomas Jefferson. judicial' power of the United States in the Canal Zone, in­ [Applause on the Democratic side.) cluding the power to make all laws, rules, and regulations for • l\lr. Ul\TDERWOOD. Now, Mr. Speaker, if this bill is to pass, the goYernment of the Canal Zone. I think the language of the I would much prefer striking out entirely section 2 and merely bill i clearly a Yiolation of the Constitution on the face of it legislating in reference to the commiE ioners of the Canal Zone to the extent that I have read, but I will not take the time of und the building of the canal, and lea\"e the question of the the House to discuss it now, because it is very plain, and I am government still for future action of this Conl?ress, hoping that satisfied that the members of the committee are fully ad­ 1he great committee that has these matters in charge will bring vised as to the effect of this language. Therefore, as far as before this House a bill for the go>ernment of these people iu I am concerned, I am willing to haYe a yote on the amendment. keeping with the principles of the Government of the United I .also gave notice during the general debate that I would States. morn to strike out the section, but I nm perfectly willing that But if we are to pass this bill, if we are not going to gi>e the gentleman from Georgia [Mr. HARDWICK) shall make that these people on the Canal Zone any opportunity for governing motion when the time comes, and I will be glad to support it. themselves, then I say we should at least establish a government .Mr. UNDERWOOD. Mr. Chairman, I desire to offer a sub­ there that is as free as the go>ernment in the District of - stitute for the amendment offered by the gentleman from Columbia. Tennessee. Now, I have no particular objection to the President of the The CHAIRMAN. The gentleman from Alabama offers the United States exercising the military and executive powers of following substitute, which the Clerk will report. that government, because the Canal Zone is a part of the ter­ The Clerk read .as follows: ritory that belongs to the United States. The President of the Amend by striking out the words " all laws," in line 22, page 2, and U'nited States exercises the military and executive powers over inserting after the word " same, " in line 11, page 3, the following : the people of the United States, over the people of Porto Rico, "Pro,,; ided, That hereafter the power to make all laws necessary for the government of the Canal Zone shall be exercised only by the Congress over the people of the Philippine Islands. I have no objection of the United States." to the President of the United States creating judges for the Mr. UNDERWOOD. l\fr. Chairman, I ask unanimous con­ Canal Zone, because the President of the United States creates sent to proceed for ten minutes. the judges for the people of the United States. The CHAIRMAN. The gentleman from Alabama asks unani­ But the great proposition, the great point on which hinges mous consent to proceed for ten minutes. Is there objection? the liberties of all people, is the right of their representatives to There was no objection. make their laws. This is not a gove1•nment of men; it is a l\fr. UNDERWOOD. Mr. Chairman, as this bill is now writ­ government of la.w; and if we have a representative body that ten I can not under any circumstances vote for it. I recognize can make the laws, then, regardless of who executes the laws, the chaotic condition that has been existing on the Canal Zone. we have a free government. But when we put the power to I recognize the necessity for a government of some h.'ind to be make the laws into the hands of one man, as well as to execute established there, and when the Congress of the United States them, we wipe out entirely all opportunity for freedom of gov­ failed in its duty to pass the necessary legislation to govern ernment. the Canal Zone I had no criticism of the action of the Execu­ The amendment that I offer to this section leaves in the tive in attempting to establish some form of government on hands of the President of the United States the executive power. tlie Canal Zone. But never with my consent will a bill pass It leaves in his hands the military power; it leaves in his that places in the hands of the President, or any other man, hands the power to appoint the judges, all of which he exer­ the power that is now exercised by the most despotic govern­ cises over the people of the United States, but it provides that ment in the world. [Applause.) the Congress of the United States in the future shall pass all If we pass this bill as it comes from the committee, we will laws governing the Canal Zone, and takes away from the place in the hands of the President of the United States the President of the United States the power that he is exercising absolute power over life, liberty, and property on the Canal to-day of passing laws for the people on the Canal Zone. I Zone. We will pass a bill that is absolutely contrary to every think that it may take some time for us to organize a repre­ principle of the Government under which we live. We will sentative government in Panama. . There may be objection to adopt a bill that is contrary to all the principles that the establishing that government at once, but there certainly can builders of this Government fought for; and it is not necessary be no objection to retaining the power to enact laws on the to destroy our principles in order to govern the Canal Zone. Canal Zone identically as we retain the power to enact laws I concede that temporarily it is better to take ·some action in for the District of Columbia. reference to the government of the Canal Zone than to leave the The CHAIRMAN. The time of the gentleman has expired. matter absolutely in the hands of the President of the United The question is on the amendment offered by the gentleman ·States as it is to-day, acting as a czar or a dictator of the Canal from Alabama [l\Ir. UNDERWOOD] to the amendment offered by Zone. the gentleman from Tennessee [Mr. SIMS]. Mr. COOPER of Wisconsin. Will the gentleman yield for a ~fr. STEVENS of :Minnesota. l\fr. Chairman, it seems to me question? that the committee ought to realize the situation that now . l\fr. Ul\TDERWOOD. Certainly. exists on the Canal Zone before it finally determines the im­ l\fr. COOPER of Wisconsin. Is the gentleman aware of the portant proposition contained in the eries of amendments to fact that the power proposed to be given to the President of the sh·ike out of this bill section 2. The ma in purpose of our GoY­ United States by this section of the bill is on all fours the ernment on the zone should first be realized. We are th re to · equivalent of the power given to Thomas Jefferson in the construct the Isthmian Canal. It will cost the people of the [Louisiana Purchase law-equivalent in eYery particular? United States an immense sum of money to do that, and the Mr. UNDERWOOD. I have heard that question discussed people want that canal consh·ucted as rapicUy, as efficiently, often, and I have often heard that claim made, but the gentle­ and as economically as possible. It i for that rea on that we man understands that the power given Thomas Jefferson was haYe framed this bill, to ma ke our control on that territory as absolutely a temporary power, and that it was taken away from efficient as possible and yet subordinate to the con truction of 1the President of the United States as soon as it was possible the canal. The gentleman from Alabama [i\Ir. UNDERWOOD) propo es that Congress shall retain the power to make wh:it­ ~or Congress to act in the matter. l\lr. COOPER of Wisconsin. Nevertheless he had it, and had ever laws shall be necessary to control the go>ernment of tllat I nn.limited power. canal during the period of construction. Remember, the pre - Mr. UNDERWOOD. I will not criticise the President of the ent period is only temporary. We hope the cannl will b l ,United States for action in this matter when Congress refu. ed finished early in the year 1915, and after the canal shall be to legislate, but Congress has had au opportunity to legislate finished, after we can ascertain what sort of comlitions are and provide a government for these people by law since the liable to exist, after that then we shall know what kincl of ·Fifty-eighth Congress. And now are we, after all these years, a go>ernment may be necessary to the permanent condition going to pass a bill that does not provide a government by law, upon that Canal Zone. Then Congres can take up the ques­ but yests the entire power of the government in the hands of tion of the permanent government. In the meantime, it ie nee- 1910. CONGRESSIONAL RECORD-_HOU~E. 329

essnry for us to realize that existing conditions are only tem- to make it cost more, and this bill simply legalizes and makes porary. · effective the conditions which ha-ve operated so well there for Let us examine for a moment what will be the condition of six or seven years. affairs if Congress resen·es for itself the sole legislative power Mr. ADAl\lSON rose. on the Canal Zone. There are upon the zone about 6,000 white l\fr. STEVENS of l\Iinnesota. I yield to my colleague. people and about 22,000 to 24,000 colored people. The popu­ Mr. AD.A.l\ISON. 1\fr. Chairman, I only desire to suggest to lation on that Canal Zone changes almost from day to day. my colleague on the committee that he answer the· question of The white people are only in small part citizens of the United the gentleman from Alabama in the old Yankee fashion of asking States. Adventurers come there from all over the world. They a question, and ask him if he does not know that notwithstand­ work as long as they see fit, and then they depart. We can not ing the passage of this temporary emergency measure it -does afford to make any sort of suffrage for those people and allow not take away any of the power of Congress to legislate in any other than citizens of the United States to participate. It any way it sees fit? would demol'alize the work upon the canaL Nobody down Mr. STEVENS of Minnesota. Yes, Mr. Chairman, the gentle­ there fa-vors such a proposition. Nobody claims that it would man from Georgia always states matters correctly, and Con­ help the work on the canal, but on the contrary all know that gress will always ha-ve it in its power to make any changes if it would impede the work on the canal. Nearly e-very week changes shall be necessary. If any complaints come to Con­ some sort of legislative order or some sort of legislation is gress from any source that there is oppression there, we can neces nry to meet the changing conditions on the Canal Zone. legislate in any way we see fit, but so far no complaints ha-ve I hold in my hand the last number of the Canal Record-we all come. get them-and you will find in every single issue of the Canal Mr. HUBBARD of West Virginia. If my friend will allow Record for years past some sort of an executive order chang­ me, that power is preserved by the very language of this sec­ ing the laws on the Canal Zone. Now, if it were necessary tion. All the powers that are granted here are limited and re­ that Congress should pass these laws, you can easily realize stricted by these words, " subject to the provisions of this act the conditions on the Canal Zone would be almost intolerable. and until otherwise provided by Congress," so that this sec­ The government of the District cif Columbia is br~aking tion, in my judgment, does just what the gentleman from down at this time because Congress can not devote time Alabama says he wants done-retains the power in Congress to enough to properly care for it. The government on the Canal legislate, or rather says that that power is retained. Zone, as I said, would be almost intolerable, because condi­ Mr. UNDERWOOD. If the gentleman understood-- tions change so rapidly that Congress could not pass proper Mr. STEVENS of Minnesota. Mr. Chairman, I think I have laws to meet those changing conditions. If we had any the floor. Congress can not grant away any of its power. We such a condition there would be only one way that amendments always have power to legislate, and that power to legislate will to exi ting laws could be made under our rules, and that is by always be exercised if it is necessary; and the only object in Senate amendments to appropriation bills. We could not have passing this act is to make present conditions legal and in time in this House, and it would not be possible under any accordance with an act of Congress, and to place upon an im­ system of rules to consider and pass any of this great body of pregnable basis the conditions that ha.ve been working so well amendments to the laws that would be necessary to care for for so many years upon the zone. That is the only purpose of the changing conditions on that zone; so that if the amendment this act ; to insure the construction of the canal as speedily of the gentlemen preYails, it would simply mean that the Canal and as economically as possible. I now yield to the gentleman Zone was to be governed from time to time by Senate amend­ from Alabama. ments placed on the appropriation bills, and these would neces­ l\Ir. UNDERWOOD. .Mr. Chairman, I just want to call the sarily be so few and far between as to most seriously hamper attention of the gentleman from Georgia and the gentleman and interfere with the work of canal construction. from West Virginia that they entirely misinterpreted my amend­ The CHAIRMAN. The time of the gentleman has expired. ment. l\!y amendment-- l\Ir. STEV~S of Minnesota. l\Ir. Chairman, I ask unanimous Mr. STEVENS of Minnesota. l\Ir. Chairman, I can not yield con ent that I may be permitted to continue for five minutes. to the gentleman for a speech. The gentleman can get time of The CHAIRMAN". Is tnere objection? his own. There was no objection. Mr. U:l\"'DERWOOD. Will the gentleman allow me to state l\lr. UNDERWOOD. l\Ir. Chairman, before the gentleman this? l\Iy amendment is to prohibit the President from exer­ proceeds I would like to ask the gentleman a question. cising this power. The President is exercising the power to­ Mr. STEVENS of Minnesota. Certainly. day and my amendment is to prohibit him from exercising it. .Mr. U::NDERWOOD. l\Ir. Chairman, I can understand why l\Ir. STEVENS of Minnesota. If the committee will just it should be necessary for the President to make rules and regu­ realize the situation as the Committee on Interstate and For­ lations in reference to the building of the canal or to the work eign Commerce has, that in order to properly construct that on the canal, and there is nothing in this amendment that would canal it is necessary to concenh·ate authority and to have some take that power away from him, but government is a question official there who realizes the whole situation, who has the real af protecting property and of protecting life. Now, why are the authority, and who can put into effect that which ought to be ~hanged conditions such as make it necessary to change the law? done at the time it ought to be done; and this bill does that Will not they-- very thing and no more. 1\Ir. STEVENS of l\Iinnesota. Does the gentleman rise to l\Ir. HUBBARD of West Virginia. Mr. Chairman, the propo­ make a speech in my time or to ask a question? sition of the gentleman from Alabama, if I understand it l\Ir. UNDERWOOD. The laws have already been put in force clearly, simply proposes to strike out of line 22 the word by the President. This bill will ratify e-very law that is there. "laws" and to leave in this section this expression, "includ­ This bill will make- ing the powers to make all rul.es and regulations necessary for l\Ir. STEVENS of l\linnesota. But what is the question Qf the the government of the Canal Zone." Now, under that amend­ gentleman? ment, if the President could not make laws, he could make rules l\Ir. C\'DERWOOD. I want to know why, under these cir­ and regulations, and they would be the only rules and regula· cumstan ce~ is it not just as safe to lea-ve the power to make tions that are made by anybody, in fact, for the government ot laws in the hands of the Congress of the United States as in the the Canal Zone. Now, how can the gentleman from Alabama hands of the Pre rneut of the United States? say that his amendment is intended simply to make regulations l\Ir. STEVE:XS of l\linnesota. · ::\Ir. Chairman, I think I .for the construction of the canal when the section in the shape ha.Ye answered that. There are comparati-vely few people upon in .which he seeks to leave it preserves in the President the .the zone who own any property. The great bulk of the prop­ power to make rules and regulations for the government of the erty is ownell l>y the Uniteu States. The only question is how Canal Zone? I would be obliged to him if he would explain to construct a cm:al to the best of advantage, how· to conh·ol when giving power to do those things which really constitute . tho e people who are there to the best advantage. This condi­ government what the difference is between calling them "Jaws" tion has existed for sL'C or seven years there, and there has and calling them "regu1ations." . been no complaint from anybody on the zone that conditions Mr. UNDERWOOD. l\Ir. Chairman, there seems to be some tI:iere have been burdensome or intolerable. The canal has been misunderstanding of gentlemen on the other side as to the pur­ constructed efficiently and rapidly so far. I think the ques­ pose of this amendment. Now, as to the rules and regulations tion could be asked, Why change present conditions which have for the government of the Canal Zone, so far as the power of been so good in favor of some sort of a proposition that would the Executive extends, I have no doubt the President of the be almost sure to impede the work? We know that present con­ United States has the power to make rules and regulations ditions expedite the work, we know that the present conditions without any legislation going into this bill-- insure economical management of the canal proposition. Now, Mr. HUBBARD of West Virginia. And "rules and regula­ if we change that we are almost certain to impede our work, tions for the government of the zon~." 330 CONGRESSIONAL RECORD-HOUSE. . JANUARY 5,

.Mr. UNDERWOOD (continuing). But where these rules Mr. :MANN. I said before, and I repeat, that no gentleman and regulations are for the government of the zone with refer­ on either side of the House, so far as I know, has ever pro­ ence to the executive work of building the canal, I have no posed a method by which anybody down there was authorized doubt he can exercise that power without any legislation on to make laws, or any other method of making laws except by om· part; but, of course, a rule and a regulation is not a law. the Congress. Ile is exercising the power to make laws to-day. Mr. HARRISON. We wish to retain the lawmaking power Mr. HARDWICK. Will the gentleman permit me to ask him here in this Congress. That is my idea. a question there? l\fr. MANN. The gentleman did not have that in his bill :Mr. UNDERWOOD. Certainly. before. Now, the gentleman from Alabama [l\Ir. UNDERWOOD] Mr. HARDWICK. If the gentleman leaves in the bill the proposes that we retain the lawmaking power in Congre s; in language in Jines 24 and 25 and pa.rt of page 3, in other words other words, that we shall legislate concerning the Canal Zone leayes yeeted in the Pr sident of the United States the power as we now legislate concerning the District of Columbia. We to exerci e all the rights conferred by the treaty, will he not do not undertake to do that for the Territories, although we lea ·rn in the hands of the President the right of legislation? have the power. 'Ve know that Congress is not fitted with Mr:. UNDERWOOD. No; not at aJL best information for lawmaking in the Territories, and that Mr. HARDWICK. You will have practically a contradiction if Congress exercised that power the Territories would not ou­ in the section that you attempt to amend. tain the laws which they ought to obtain. Alaska is an example .Mr. UJ\"DERWOOD. Not at all. The treaty does not give of what Congress does in the way of legislation for that di trict. the power to lePanama Canal Zone, I want to say to the gentleman The legislative powers shall be vested in the governor and in 13 if of the most fit and discreet persons of the Territory, to be called " the that he read the bill which I introduced in the Fifty-eighth legislative council," who shall be appointed annually by the President Congress, which he describes as so long, he will readily admit .of the United States from among those holding real estate therein, and that it merely extended to the Panama Canal Zone those laws who shall have resided at least one year in said Territory and bold no of the United States which were applicable. Nothing could office of profit under the Territory in the United States. The gov­ ernor, by and with advice and consent of the said leg~slative council, or be mwe satisfactory or more easily worked than that system of a majority of them, shall have power to alter, modify, or repeal tho laws, and he has adopted some of them in the present bill. laws which may be in force at the commencement of this act. 1910. CONGRESSIONAL RECORD-HOUSE. . 331

No fear of a single ind.h·idual. In the first place the legisla­ governor and judges of Wisconsin. All of these acts were per­ tive council was named by the President of the United States, petrated by a Democratic President and a Democratic Congress. and e1en they did not have legislative power. All they had was Is it possible, Mr. Chairman, that the Democrats were so faith­ the power to advise or consent or refuse to advise or consent to less to their conception of free government at the time that they the repeal 01.. modification of the laws made by the E..~ecuti1e. would enact this legislation? Is it possible? Fortunately for l\Ir. HARRISON. Will the gentleman from Illinois allow an history, the gentleman from Georgia [Mr. HARDWICK] was not interruption? then in control of the Democratic party. l\lr. l\IANN. Certainly. l\Ir. PRINCE. Mr. Chairman, will the gentleman yield? l\lr. HARRISON. From the gentleman's reading of history he Mr. l\IANN. ·certainly. _ is no doubt aware of the difference between these grants of Mr. PRINCE. Mr. Chairman, I want to suggest to my col­ power, and that that action was had because of the imminence league that tW-s haunting voice or echo, as suggested by the of war between the United States and the Spanish settlers over gentleman from Alabama [l\Ir. UNDERWOOD], has not troubled the right to deposits and navigation of the Mississippi Ri>er. Congress for one hundred and eight years. The gentleman l\lr. l\lA...'\N. I have no doubt there were reasons for the law. read, I think, the law of 1803, and this is 1910. There were no more cogent reasons for the enactment of that .Mr. 1\IA.NN. I read the law of 1803 and 1804, and I will now legislation, taking away the power of self-government of the read one of 1819, with the Democrats still in power. Here is inhabitants of Louisiana, than there are for the enacting of ex­ an act of a Democratic Congress, signed by James Monroe as isting legislation in refusing the power of self-government to President, and these others were signed by Thomas Jefferson, the people of Panama. I suppose admitted to be a Democrat in good standing. at the The CHAIRMAN. The time of the gentleman from Illinois time. This provides-- has expired. That until the end of the first session of the next Congress, unless pro­ l\Ir. STAFFORD. I ask unanimous c.onsent that the gentle­ vision for a temporary government of said Territories be sooner made man's time may be extended for ten minutes. by Congress, all the military, civil, and judicial powers exercised by the officers of the existing governments of the Territories of Florida shall The CHAIRl\IAN. Is there objection to the request of the be vested in such person and persons and shall be exercised in such gentleman from Wisconsin? [After a pause.] The Chair hears manner as the President of the United States shall direct. none. That was passed in 1819. l\Ir. UNDERWOOD. Will the gentleman from Illinois per­ l\Ir. HARRISON. And that also was a war measure. mit a question? l\1r. MANN. Why, it was not a war measure at all. It was l\Ir. MANN. Certainly. a measure providing for the temporary government of the Ter­ l\Ir. U1''DERWOOD. I do not concede all that the gentleman ritory of Florida, which had not then been acquired. sa>s in relation to the Louisiana incident. · l\fr. MACON. l\Iay I ask the gentleman a question right ii:r. lUAXN. The gentleman will concede · that part that I there? ha>e read from the statute? Mr. MANN. Certainly. l\fr. U:~'DERWOOD. Oh, yes; I concede the facts that the l\Ir. MACON. Is it not a fact that t}J.at law was limited to a gentleman has read. But I want to ask him if he does not specific time, to the time when Congress was next to convene? think that the very proposition of the Congress allowing the l\Ir. MANN. Yes; but within that time they did not enact President of the United States to exercise this great power in that legislation. that emergency was a great mistake, from the ..-ery fact that l\lr. MACON. Was it not contemplated by that act that as it is coming back now to haunt us to-day from the mouth of soon as the next Congress did con1ene that it should proceed the gentleman from Illinois, and if we pass this bill, how many to legislate in regard to the matter as in its wisdom it thought times may it come back in moments of emergency in the United just and proper? States to haunt us again? l\Ir. MANN. Yes; and from then what did they do? Did Mr. l\IA~TN. I think it is the best illustration of the capacity they provide for a government of Florida by the people of of the Democratic party to control when they are in power Florida? Not at all. They provided that the legislati>e that I ha1e ever seen. [Laughter.] They met the emergency power- at that time, and they met it in such a way that we ha"\"e ac­ Shall be vested in the governor and 13 of the most fit and discreet quired and have since maintained the great domain west of the persons of the Territory .. Mississippi Ili>er. [Applause.] Following the language of the Louisiana Territory act. They 1\Ir. ADA..l\ISON. Will the gentleman yield? fm·ther provided that the governor- 1\Ir. MANN. Certainly. By and with the advice of said legislative council or a majority of l\Ir. A.DAMSON. Is not the most striking difference between them shall have power to alter, modify, or repeal the laws which may the situation in Jefferson's day and the situation with which be enforced at the commencement of this act. we are now dealing this-that in that day we were providing Who appointed the legislati\e council? The President of tfie for a great country and great homes for a great population United States. Who made the laws under this act? The gov­ and a great civilization, whereas on the Isthmus we are doing ernor of Florida. This was not in 1803. Thomas Jefferson had nothing but digging a canal? signed the original act. James Monroe signed this act. I had l\Ir. i\IA.XN. The point is well made. Now, the gentleman supposed, in my innocence, that neither Thomas Jefferson nor says that this was only for a temporary government. I ha"\"e James Monroe was ever in favor of enthralling the people by only referred to the Territory of Orleans in the State of Louisi­ executive power. ana. ?\ow, what did they provide for the go..-ernment of the Mr. Chairman, I am no more in favor of conferring excessiYe balance of the Louisiana Territory? powe~ upon the Executive tha~ anyone else. We are met with Mr. HARDWICK. :Mr. Chairman, will the gentleman yield? the situation here where we can ha\e good government on the Mr. l\IA:r>.TN. Oh, if the gentleman insists. Canal Zone only by the method we have proposed while we arc l\Ir. HARDWICK. On that point. ·Does not the gentleman constructing the canal, and we are met with the illustrations know that the statute he last read did not stay in force but a few of history coming from the Democratic side of this House wbich months and was an emergency war measure? justify us, if we only followed precedents, in doing what we l\Ir. ~IA...i..'\N. The gentleman is mistaken about that, l\fr. are proposing to do, but if we did not ha1e precedents to back Chairman. It stayed in force until the State of Louisiana was us up, we would be justified by the existing conditipns to pro­ admitted to the Union, which was not ..-ery long, and if thnt is ..-ide as we have provided in this bill. [Applause.] bothering the gentleman I can clear up his mind on that subje ~ t . l\lr. SIMS. Mr. Chairman, I am sorry that the gentleman In this same act of 1804 there was this pro1ision for the gov­ fTom Illinois has thought it necessary, in order to pass his biH, ernment of all the Louisiana Purchase not within the boundary to refer to Democratic or Republican precedents or actions. lines of the present State of Louisiana : Certainly the building of this canal has not been a party mat­ The executive power now vested in the governor of the Indiana Terri­ ter. The proposition to build the canal was not a party propo­ tory shall extend to and be exercised in the said district of Louisiana ; sition, but all parties have stood squarely for it. They rnted the governor and judges of the Indiana Territory shall have the power to establish in the aid district of Louisiana inferior courts and pre­ loyally for it and are doing it .yet, and I am led to belie..-e, by scribe their jurisdiction· and duties, and to make all laws which they the success of the amendment offered by the gentleman from may ceem conducive to the good government of the inhabitants thereof. Ohio [General KEIFER] a few moments ago, that the gentleman H ~ re was a proposition not to haYe the go\ernor of Orleans from Illinois is warned that he has to do something to rally make the laws of Orleans, but to ham the governor of the Ter­ bis side of the House. Now, the amendment that I offered was ritorr of Indiana make the laws for the Terdtory of Louisiana, simply to strike out the words "all military, civil, and judicial and that was but a temporary measure. It remained in force powers of the United States in the Canal Zone shall be Y-ested unti~ the Territory of Mi souri was organized in 1812, and when in the President." That leayes the section intact as to all pow­ the Territory of l\Ii s-ouri was organized in 1 12 the balance of ers conferreQ. under the treaty by which we acquired the Canal the Louisiana Purchm:e -was placed under the control of the Zone. The gentleman from Georgia insists that the power is

- I 332 CONGRESSIONAL RECORD-- HOUSE. JANUARY 5, coextensive with the power granted in the bill without the legislation left with the President of the United States, as })ro­ .amendment which I offered. He can take care of that propo­ posed in this case. There was some sort of local government ruion. But I insist, .Mr. Chairman, that the power -0f this provided for in each one of those cases. In no case rrns the House and the power Qf the President is vested by the Consti­ President of the United States invested with this legislative tution Qf the United States, and that we can not denude our­ power, and all these powers were conferred for a short period selves of the power we .have by any act we may pass and that only. we can not confer power upon the President which the Consti­ M~. MANN. Does the gentleman call it a local government to tution does not confer. I know that it will be insisted that proVIde that the vast extent of the Louisiana Territory should the Canal Zone, being outside of the immediate contiguous ter- be governed by the governor and judges of the Territory of 1~tory o~ !he United St:;ttes, under the Porto Rican and Philip- Indiana? 11me decisions the Constitution does not apply to the Canal Zone. Mr. HARDW!CK. No; I say this. The gentleman, if he How~'ler this may be, the Constitution does or ought to apply read the act, will r~'lll that the act pro'lided that there shall to this Chamber, and when the Constitution says we have only be a commission of 11, I think, and that the previous laws were certain specific powers, how can we act beyond those powers"? to remain in force unless they were repealed-- Does not the Constitution apply to us and limit our powers? Mr. MANN. I will hand the gentleman the laws, so that he The Constitution provides that all legislative power shall be can read them. vested in the Congress. Now, can we run away from our re­ l\fr. HARDWICK. The gentleman will have them in the sponsibility to legislate, or attempt to con"Vey a power placed in REC~RD, and if I have not quoted them correctly it will appear. us by the Constitution upon the executive coordinate branch of I think, however, I have made a fairly accurate statement in the Government? reference to them. I do not see that chaos and ruin is to follow if the amend­ l\Ir. lUANN. The gentleman has evidently misunderstood as me~t I propose passes. This bill on the face of it uses language to the government of the Louisiana TeITitory by the governor which to. my mind is in plain violation of the Constitution, by and judges of the Indiana Territory-- u:nde~taking to surrender legislative power which we ought to Ir. HARDWICK. Well-- exercise .ourselves, whose duty it is to exercise it, and give it to Mr. MANN (continuing). It remained in force for years. the President of the United States. In other words, if we gi'le The CHAI!l-MAN. The time of the gentleman has expired. ~h~ power !1~ is now exm;cising there, how have we helped ex­ 1\Ir. MANN. I ask that the gentleman may have five minutes ISting conditions? What is the use of asking for this lei:,oislation more. by whi<:h we authorize the President to make all laws, rules, and Mr. HARDWICK. Now, if the gentleman will permit me, it regulations? Is he doing more now? I insist that the amend­ does not make any difference about that. The Indiana Terri­ ment I offer leaves in the bill all the provisions which provide tory was a part of the original Louisiana Purchase. for the digging of the canal, and it does not cripple the Presi­ l\Ir. MANN. Not at all; it was not. dent, for if the gentleman from Georgia [l\Ir. HARDWICK] is Mr. HARDWICK. It was not? correct, he seems to think he has the power now. I do not care Mr. MANN. Why, certainly not. whether this is a Democratic or Republican precedent. The duty to legislate is put on us by the language of the Constitution Jifr. HARD~ICK. Well, I am in error about that; but, any­ which we have sworn to support without evasion or reservation: how, the cession of the Northwest Territory from Virginia-­ ! think that the amendment I propose ought to pass. If passed, Mr. MANN. No; it was a part of the Northwestern Territory. it does not denude us, or attempt to do so, of the power which l\lr. HARDWICK. I thought at least sorue of the Indiana the Constitution places in us and which we have not the courage Territ?ry came from the Louisiana Purchase; but regardle s of that, m no case, except for the one year expre sly limited in to undertake to exercise. the act itself, was the President of the United States given l\Ir. HARDWICK. l\ir. Chairman, I have offered an amend­ the e powers of legislation. In spite of the constant and re­ ment which I shall ask the House to vote on later, which strikes out the entire section, and gentlemen in this House on both sides peated assurance of the chairman of the committee that the ~ondit~ons there and ~he laws to be applied a.re to be temporary of the Chamber will probably support that amendment. I want m their nature, I believe that American citizens in the Panama to say that the only objecion I have to the amendment offered Canal Zone ought to have the same rights as any other Ameri­ by the gentleman from Tennessee [l\Ir. SIMS] is that it ac­ can citizens, even if they are working for tne government in complishes nothing. the Canal Zone. I do not believe, l\lr. Chairman, in having I do not see any need of passing amendments which will not laws made by the Executive which affect the life and property change the effect of the bill. I do not see any need of going of American citizens, e'len if they are down on that Canal Zone. along and passing amendments which will do nothing. The I can not subscribe to the doctrine carried in this bill that the nly objection I have to the amendment in the nature of a Chief Executive of this country shall be invested with supreme sub titute offered by my friend from Alabama [l\Ir. UNDERWOOD] ll?d complete legislative and judicial powers, as well as execu­ is that it leases the whole thing up in the air, because he lea-ves tive power, over thousands of American citizens. in ·the bill all this language which vests in the President of l\lr. MANN. -will the gentleman yield for a question? the "United States all the power granted by treaty to the United States, included among which is the power of legislation. Mr. HARDWICK. Yes. Therefore, there would be a contradiction in terms in the sec­ Mr. MANN. If the gentleman does not believe in that, what tion if the amendment of the gentleman from Alabama were does he suggest when he moves to strike out the section? adopted. Besides that, it is not necessary to say that Congress Mr. HARDWICK. I am glad the gentleman asked me that re ·erTes the power to legislate. It is unnecessary to use that question. I suggest that the gentleman's committee discharge language, because Congress always reserves the right to legis­ the duties imposed upon it. late. We can not pre-.ent the present or any future Congress Mr. MA.l~. That is another question. Until the committee frc·m passing legislation on any legitimate matter within its does discharge that duty, what does the gentleman suggest? 1.fr. HARDWICK. I suppose your committee will at least jurisdiction. Now, l\fr. Chairman, only a few words more in reference to respond to the .ob":gatioi: that the .vote .of this House will put the character and history of the laws cited by the gentleman upon you. .to brlllg lil a bill here which will contain some scheme from Illin.ois. Every single one of them he referred to was for enacting. the necessary fu1;1-damental laws. Surely the temporary in its nature, and expressly so stated, as I recollect great Republican party, of which the gentleman speaks so them; and certainly they were all temporary in their operation proudly, and of which he is such a conspicuous and illustrious and not one of them remained in force except for a short fun~ example on this floor, is not inadequate to a simple little task while the permanent government was being organized. . like that, of providing some proper system of government for Ur. MANN. Kow, l\fr. Chairman, I know that the gentleman 6,000 American citizens and 22,000 Jamaica negroes. Surely usually desires to be historically very accurate, but I want to you can get up some sort of a system of government for them. say to him that the law for the government of the Louisiana Mr. M.A1'1N. We have done so here. Territory remained in force from 1804 until 1812, until the new Mr. HARDWICK. Yes; an executive system a one man Territory was organized and the Territory sliced up. power system, and you say that is all you can do: I would be lli. HARDWICK. The laws as to Indiana and Missouri cited ashamed to make suc;ii a confession on the floor of this House. by the gentleman were the laws for the temporary government Therefore, l\Ir. Chairman, I offer the amendment to strike out of those States while in the territorial condition. the section, and ask the Clerk to report it. Mr. MANN. Temporary to the extent of the territorial gov­ The CHAIRMAN. The gentleman from Georria offers the ernment, but. supreme so far as the government of the Terri­ following amendment, which the Clerk will report tories was concerned. Mr. HARDWICK. I ask to have it read in my time. Mr. HARDWICK. The gentleman's illustration is not apt The Clerk read as follows : or pertinent, because in no one of those cn.ses was the power of Amend by striking out section 2 of the bilL 1910. CONGRESSIONAL RECORD-HOUSE. 333

Mr. HARDWICK. There is no need to multiply words about Panama Canal Zone. This is no question Qf self-government this matter. We all understand it. For .seven years the ;plea on the zone; it is a question whether this Congress shall con­ .has been continuously made that this is a "temporary neces­ tinue to make the laws in the Territories of the United States sity." I think the plea is worn out. I ask for a vote on my which have not yet entered into permanent States. amendment to strike out the section, just as soon as the amend­ Now, it is true that in the Panama Canal Zone, under the ments of my friends from .Alabama and Tennessee are dis­ law which we passed in the Fifty-eighth Congress, the Panama posed of. Canal Commission, under authority of Congress, did establish l\lr. HARRISON. Mr. Chairman, I have upon so many pre­ some measure of local self-goye.rnment in the zone. But when vious occasions discussed this matter that I must apologize to that temporary grant of power elapsed, and President Roose­ the committee for a few further remarks on the subject; but the velt usurped the right to make the laws down there, the first interesting historical disquisition by the gentleman from l;lli­ thing he did was to abolish all forms of local self-government. nois, the chairman of the committee, seems to me to call for But setting that aside, I beg to call to the gentleman's atten­ some remarks from our side of the House. tion the fact that this is not a debate over the rights of local It is true that a Democratic Congress and a Democratic self-government on the Canal Zone; it is a debate over the Pre ident put into force an apparently despotic form of govern­ rights of the Congress of the United States to preserYe inviolate ment for the newly acquired Louisiana Territory and for th~ our traditional principles that we should keep separate the Florida purchase in 1819. judicial, executive, and legislative functions of the Govern­ But it is al o true that upon the face of the act, in each case, ment, and that we should retain in our own hands the power, a limitation of time was made, and that shortly after the enact­ which once granted away we would find practically impossible ment of the law a full scheme of government was put into force to get back, to make laws for all Territories of the United by the Congress of the United States, both for Louisiana and States. [Applause on the Democratic side.] for Florida. Mr. KEIFER. l\1r. Chairman, this is a very important stage The reasons for giving the President such full powers in both of this bill, and we might as well have it out here as anywhere. of those cases were, as I have suggested, connected with the I have some remarks which I woulil like to make, but which I imminence of war. In the case of Louisiana the Spanish set­ can not make within five minutes. I therefore ask unanimous tlers at the month of the river forbade our settlers along the consent that I may pr-OCeed for twenty minutes. Ohio and Mississippi rivers to exercise the right of deposit and The CHAIR1\IAN. The gentleman from Ohio asks unanimous naviga ti on. In the case of the Florida purchase, for several consent to proceed for twenty minutes. Is there objection? years before 1819 there had been disorder, amounting almost to 1\Ir. MANN. Mr. Chairman, I do not expect to object to that, war, between the Spaniards and citizens of the United States but I would inquire if it is not possible to reach some agree­ over the boundary of West Florida. Under those circum­ ment at this time as to when debate on this section may be ex­ stances, and in view of the fact that war was practically near hausted? I do not know how many other people wish to speak. at hand, it was necessary to have a strong central despotic I ask unanimous consent that debate on this section of the bill government for the purpose of quelling the military uprisings and all amendments thereto shall cease in forty minutes. in those Territories. The CHAIRMAN. The gentleman from Illinois asks unani­ Mr. .l\1ANN. Will the gentleman yield? mous consent-- Mr. HARRISON. Certainly. Ur. KEIFER. I would like to have my .request first passed Mr. MANN. While there may have been some threats of upon, Mr. Chairman. war before the Spanish treaty was entered into by which we Mr. MANN. And that the gentleman from ·ohio have twenty purchased Florida, does the gentleman contend that there was minutes of that time. any threat or talk of war, in any form whatever, after we had The CHAIRMAN. The gentleman from Illinois asks unani­ entered into the treaty with Spain and paid the money? mous consent that all debate on this section and all amendments 1\lr. HARRISON. As to West Florida? thereto shall close in forty minutes. Is there objection? Mr. MANN. As to any part of Florida. 1\1r. WILSON of Pennsylvania. Mr. Chairman, I object. Mr. HARRISON. Why, as soon as we got th€m we admitted Mr. KEIFER. Mr. Chairman, I then ask that my request be them as a State-- submitted. Mr. MANN. Oh, the gentleman is mistaken. I referred to The CHAIRMAN. Is th-ere objection to the request of the the act of 1819. gentleman from Ohio that he may proceed for twenty minutes? 1\Ir. HARRISON. I refer to that, too. [.After a pause.] The Chair hears none, and the gentleman is 1\Ir. MANN. And I refer to one now in identically the same recognized for twenty minutes. · language, in 1821, giving the same power, after there was no Mr. KEIFER. Mr. Chairman, I am very thankful to the com­ thought of war. mittee for the time which has been allotted to me. I would like, Mr. HARRISON. The disorders incident to our acquisition if time permitted, to debate this question-:-for it is a primary of Florida kept up for several years, and in fact were not one-with care. First, let me say that there appears to come to :finally quelled until General J'ackson went down there and the minds of Members here the idea that there is a chaotic cleared up the whole situation. condition on the Canal Zone at this time. I need not assert that As to the balance of the Louisiana Purchase outside of the that is not true. Everything is going along there admirably, newly formed State of Louisiana, the gentleman from Illinois considering the conditions all around. It is hardly fair to under­ has read to us the laws which seem to have continued a despotic take to make converts to a bill that is in plain violation of the form of government in those portions of that Territory. The Constitution of the United States by claiming that at some other reasons for that are perfectly plain even to-day. The greater time in the history of the United States Congress has been guilty part of that Territory was a perfect wilderness, even the limits of violating that instrument. I regret there is not time to discuss were unknown to the Americans of that day, wars with the this bill in all its phases, but, strangely enough, the very reason Indians were continually fought through that Territory, and that is asserted here to-day in favor of this kind of legislation what was needed was practically a military dictatorship. Now, grows out of the claim that Florida when in a territorial state in comparison to that, no one would yenture to say that there had, in some way or other, vested in her goYernor and council is danger of war on the Panama Canal Zone; and, moreover, the right to make laws. I assert upon the authority of Thomas far from the Canal Zone being unknown to the Americans in Hart Benton that every time that Florida's governor and this day, and to the Members of this House in particular, it is council attempted to make laws, and that was at least 11 the best-known portion of the territory of the United States times, the Congress of the United States set them aside in effect from personal inspection by Members 0£ this House during the as null and void, and for the same reason that we insist to-day last five or six years. that this proposed legislation would be null and void. The gentleman's predecessor as chairman of the Interstate Mr. Chairman, ,the Louisiana Purchase was one that was and Foreign Commerce Committee secured the consent of the born of a violation of the Constitution. Thomas Jefferson said, House to this despotic form of government temporarily on the when he agreed to make the treaty acquiring the Louisiana zone on the promise that when they knew more about it the Territory from France, that it would require an amendment of Committee on Interstate and Foreign Commerce would frame a the Constitution of the United States to ratify that treaty. form of government for this zone. Six or seven years have Then we started in to legislate. We found the civil law in elapsed, and instead of having done that they propose to violate operation in the Territory, and Spanish and French officials all our traditions and vest indefinitely in the President of the administering them, and there was a little period of time when United States the right to make all the laws for that zone. it was not possible to take possession of the acquired Territory The gentleman from Illinois, whether intentionally or not, or to make full legislation with reference to it, and so Congress .bas attempted to divert our consideration from the main on the 31st day of October, 1803, passed a bill, the title express­ issues, and tries to make it appear that what we are debating ing its purpose to give to the President of the United States ts the question of self-goyernment for the inhabitants of the the ri~ht to. take _possession of the Territory. That was the 334 CONGRESSIONAL RECORD-HOUSE. JANUARY 5,

principal object of the bill. Then it further provided to relieve Now, I might follow on, but I have shown enough to show the President, Thomas Jefferson, who had obtained this un­ there is no parallel, and if a parallel, it is a bad precedent, constitutional grant-and I am glad that he had enough flexi­ never successfully followed. . Later along, if I have time, I shall bility in his soul to give up his consh·uction of the Constitution be glad if I may be permitted to put in the RECORD some quota- . at least once-providing in the second section of the act of tions and references to some of the decisions of the Supreme October 31, 1803, that the President might use the then existing Court of the United States, showing that Congress has supreme officers in that Territory for the purpose of enforcing the exist­ power to legislate for Territories or possessions of the United ing civil, judicial, and military power of the United States-I States, and that it has no power to delegate any of its legis­ quote it subs~antially-for the protection of the rights and lib­ lative power to any body or authority, and where that court erties of the citizens living there. says that after an organic territorial act is passed that the ter­ Now, there was no attempt then to grant legislative power to ritorial legislature provided for takes the place rightfully of the President or to anybody else, as in this bill; nothing but Congress, subject to its ratification and approval, and that the the right to exercise an executive power through other officers territorial government thus instituted vests and can only vest in was thus granted. There was no attempt there, as here, to di­ the resident citizens of the Territory, who may then legislate for yest the United States of all its executive, legislative, and judi­ themselves by enacting territorial laws, and that no other form cial powers and vest them, as this bill proposes to do, in the of territorial organization can be made under the Constitution President of the United States,. coupled with the further au­ of the United States. Decisions as late, or later, than the thority to the President of the United States to delegate all of One hundred and eighty-second United States Report, and all these powers and rights of the United States to some man-not along the line, maintain that Congress, having surrendered its emu restricted to an officer or citizen of the United States-to right in its discretion to make laws for a Territory, the vested be exercised at will, civil, military, and judicial rights, together rights of the American citizens of the Territory, clothed with with the right to make and unmake laws! their natural inherent right to be free citizens of the Re1rnblic, So much for that. Then when it came, in 1804, to the making come in, and they may then make their own laws through a of a law for the government of that Territory, Congress did not territorial legislature of their own choosing; and that is all that go into the matter, as has been done since, after the criticisms can be done now constitutionally, unless we reverse the deci­ of the Supreme Court of the United States had been applied sions of the courts that have been steadily in line for almost a to that and the Florida legislation; but Congress did undertake hundred years. to have an executive council, who, with the governor's right of Something has been said about territorial laws in Louisiana. recommendation and veto, might legislate for that partially or­ Further, I want to remark that we have had peculiar con­ ganjzed Territory. The act of 1804 was, in a large sense, an ditions in times past in this country. When the decision was act for the organization of the acquired Louisiana Territory, rendered in the Dred Scott case, which, as I now recollect, was though not so comprehensive in its terms as later territorial on March 6, 1857, a distinguished justice (Catron) of the Su­ organic acts, though the act contained some of the fundamental preme Court of the United States made the claim that the law principles guaranteed by the Constitution of the United States of the French and Spanish possessions goYerning the Loui­ to resident citizens of United States Territories or possessions, siana Purchase Territory when purchased was still in force by as I will soon point out. authority of a clause of the treaty between France and the And its council was a legislative body in a sense divested of United States, and that these old laws justified and main­ its representatiYe character, as the gentleman from Illinois tained and made lawful perpetually human slavery in that [Mr. MANN] ays. The governor was appointed· by the Presi­ Territory, and that up to that ti~e it extended over the en­ dent. The executive council was to consist of citizens of the tire territory acquired from Napoleon, and therefore it was Territory. Now, reading from section 4 of the act: lawful to hold a slave at Fort Snelling, in Minnesota. I dare The legislative power shall be vested in a governor and in 13 of not pursue further the history of the acquisition of this Ter­ the most fit and dirscreet persons of the Territory, to be called the ritory. Napoleon violated perfidiously a solemn treaty with legislative council. Spain when he sold it to the United States, which Jefferson Now, gentlemen say that there was no restriction on the right knew. But now we pass precedents of that character all by. of this council to legislate. There was the most ample resh'ic­ A word or two as to the judges of the Territories who are tiori contained in that act, but it was not sufficient to save the vehemently claimed to be United States judges. They are not provisions of the act when reenacted in some part for the judges of the United States, though appointed by the President Florida Territory from being sh'icken down by the Supreme of the United States. They are territorial judges, to adminis­ Court of the United States and repudiated by Congress in all ter territorial laws. Whenever there is a judge of the United of its e ential particulars. States created by Congress, and he has general jurisdiction in What was said in the act about legislation by the council? the Territories in administering United States laws, he bas to We get an expression there, Mr. Chairman, that is found in be appointed under the Constitution, and his tenure of office is all the organic territory laws from that day to this. Here it is like that of the Supreme judges or that of any other of the in­ in the i=ame section 4: ferior judges in the United States. Those judges that are so Their legislative powers shall also extend to all the rightful subjects much talked about are mere territorial judge , and ha·ve no of le~islation; but no law shall be valid which is Inconsistent with relation whatever to the adminish'ation of laws that we are the Const itution and laws of the United States. here proposing to pass. Only " rightful subjects of legislation " could be considered It is important that we act wisely here. We have entered at all. In a moment I will point out the meaning and signifi­ upon a great field of governing Territories and pos essions. cance of tllis language in an act. The Panama Canal Zone may be a small one. It is through a Tbat is what my friend from Wisconsin [Mr. CooPER] says violation of our Constitution and laws relating to small things i the parallel of the proposed legislation to-day. No delegated that we grow to larger, more sweeping, and dangerous ones. power to anybody. We can not deleuate our power. I ha,·e The zone is an entity of its own. It and the people resid'2nt rnid enough on that point in an address here on this bill on the therein are as much entitled to be protected by wise laws aud to J 5th day of December last, but there is something more. Fur­ be given the guaranties of the Constitution of the United States ther on in section 12 of the Louisiana act it reads: as any other Territory or possession that we hav-e acquired. The Prot:icled. ho1c ei:er, That no law shall be valid which is inconsistent people who go down there, either temporarily or i:ermanently, wi ':ll the Constitution and laws of the United States, or which shall a.re to be regarded and treated as citizens of the United States, lav :rny person under restraint or disability on account of his religious opinions, pl·ofession, or worship, in all of which he shall be free to and are entitled to the protection of free citizens, and to be maintain his .own, and not burthen those of another. governed by a power that brings to them a republican form :Kothing of that here, but further-­ of government, free except as the legislation of Congress may :\Ir. M.-L."N. What act? restrain them ; and the laws should be made as those laws ~Ir. KEIFER. I am reading from the act you referred to, of provided for the Loni iana Territory were required to be made, March 26, 180-:I:, section 12. It further says : viz, in conformity with the Constitution of the United States and the laws of the United States; and if we are even to A11d pro vidc1l als~~ That in all criminal prosecutions the trial shall be by a jury of 1~ good and lawful men of the vicinage, and in follow out that parallel, I would make the existing laws of the all civil cases of the value of $100 the trial shall be by jury, if either United States as far as practicable apply to the zone, a was of the pa1·ties require It. done, as I have shown, in the original Louisiana territorial act. I can not stop to look further at this old territorial and obso­ This bill does not even restrict the power of the pro11osed lete code they talk about being similar in character to the bill one-man legislative authority to "rightful subjects of legisla­ we are considering. Section 13 of the act reads : tion," ns does all our organic territorial acts; nor to laws in The !aws in force in the said district of Louisiana at the commence­ conformity to the Constitution and the Jaws of the United ment of this act, and not inconsistent with any of the provisions Stntes as provided in such acts; nor is the government to be thereof, shall continue in force until altered, modified, or repealed by the &overnor and judges of the Indiana Terl'itory, as aforesaid. established to be republicau. ill form, as required by section 4 1910. CONGRESSIONAL RECORD-HOUSE.. 335 of the Constitution of the United States. I will later make Iconsistent with the natnral freedom of the citizens <>f the United clear that the provisions of ti;ie Oon~tution in term~ re~ating States residing w~thin its limits, bein? such rights as. we. hn.-rn to States .are held to be applicable alike to the Territories of seen they take with them to the Urnted States Territories or the United States. whithersoeyer they may go within United States boundaries. I now briefly summarize some of the propositions I have ad- (28 Am. and Eng, Ency., p. 6 (2).) verted to, and I will make some quotations from decisions of If Congress grants terrUorial government, it must be :repre­ our Supreme Court. I will not occupy time with the rules as sentative and republiean in form-not monarchical. to the acquisition of territory by the United States, nor over the What are rightful 'Subjects of legislation must be determined by an ultimate purpose of territorial government. The curious on examiJ?.ation .of the subjects upon which legislatures are in the practice these matters might ·examine Shively v. Bowlby (152 u. s., 1; 28 of acting, with the consent and ap1>roval _of the people ~ e y represent. A~ E · f T ~ ) (29 Am. and Eng. Ency., p. 60 and N. 5, :Maynard v. Hill, 120 U. S., ~. i ilcy. 0 .uaW, p. 57 : 190, 204.) The Territories are as much a part of the United States as are the Citizens of the United States residents -0f Territories are States. (28 Am. and Eng. s. p. 57, Ill.) · . . . f U · ed It (United States) is the name given to our great Republic, which yet µJ:!der th~ protection of the Constitution o the mt · is composed ?f States and :rerritori~. . . States and under its shield. They possess the rights secured The District of Columbia or terr1tol'y west of the Missoarl 2s not h b th +. th dm t t th C t ·•t t• h.ch less within the United States than Maryland or Pennsylvania. (Sough· to t em Y e 1.en amen '0n o e ons I ll ion, w 1 borough v. Blake, 5 Wheat., 317. Quoted in Downer v. Bidwell, 188 reads: U. S., 353.) The powers ·not delegated to the United States by the Constitution Settlers in United States Territories not organized "take with them, nor prohibited by it to the States are reserved to the States, respec- as their birthright, the principles of the common law so far n.s suited t' 1 t 0 th 1 to their condition in their new home." {Shively v. 'Bowlby, 152 U. S., ive y, or ' e peop e. · 52; Van Ness v. Pacard, 2 Pet., 137, 144; 28 Am. and Eng. Ency., pp.. The basic principle of Magna Charta, wrung from King John 56, 58, N. 3 . . See also McCulloch v. Maryland, 4 Wheat., ~16, 408.) on the meadows of Runnymede, June 15, 1215, was the recog- So long as any territory of the United States remains unor- nition of the individual as well as the collectirn inherent rights ganized by proper congressional legislation it is solely subject of the people. to United States law, with such rights guaranteed to its citi- What their own chosen legislators may do in an -0rganized zens as free people as inhere in them by the common law and Territory is in 'harmony with self-government within their as the Constitution of the United States secures to all citizens resen-ed powers. Being -citizens of the United States, as we of our Republic. hR\e seen, pfotocted in all theil' natural rights and those The provisions of the Constitnti-0n of the United States in- granted to them by the Constitution and incident to our free elude the Territories as well as the States. These provisions form of self-government, there can be nowhere fomid any right, secure to the Territories and the people resident therein a re- constitutional or <>ther right, to authorize one individual, not-eTen publican form of government; right to have laws passed by a chosen by them, to make laws for their government affecting duly organized legislative body; and to enjoy all the privileges their peaceable enjoyment of life, liberty, and property. What and guaranties the Constitution provides for citizens resident may be done by a legislative body chosen by the people of .a in the several States. The Constitution of the United States Territory formed under .an 01·ganie act Of Cong1~ess, restrained recognizes no law not of representative origin. and limited by the Constitution of the United States and in Chief Justice Fuller, in a comparatively recent case, reviews harmony with usual legislatiYe acti-0n and confined to rightful and cites the many cases decided by the· Supreme Court of the subjects of legislation, is in no way a precedent for individual United States holding this doctrine. They are all in harmony. legislation by the President or his appointee. See Downes 'V. Bidwell, 182, U. S., 354-386: The 'territorial legislature is a creature of Congress. (28 Am. and '.rhe Government ot the United States was born of the Constitution. Eng. Ency., p. 59.) Amendment I of the Constitution of the United States relates But Congress by a territorial organic act "delegates none of to the establishment of religion, · and it is prohibitory -of other its so-rereign authority." Nor does it surrender any of its leg­ things, and it applies to the Territories as well as to the States. islatirn authority or power. This it can not do in any instance :f the U~ted States: tlon, it follows that that instrument is everywhere ·and at all times The theory upon which the various governments for portions of the potential in so far as its provisions are apj)licable. (Downes v. Bid- territory of the United States .have been org:mized have ever been that weAf~J-e~!1 ~e:tri:t1g~s on the General Government are restrictions U""'n of leaving to the inhabitants all the powers of self-government con- ..,~ sistent with the supremacy and su-pervision of national authority and the Territories. (28 Am. & Elng. Ency. of Law, p. 62 (8), and N. 2; wlth certain fundamental ~rinci'ples established by Congress. (Clinton Chumasero v. Potts, 2 Mont., 242.) E I b ht 13 W 11 0 U S 434 S 11 b 3 U ... n... J B Y th e C ons titu tion °f th e U m•t e.d States ( s lxth amen d IQ.en t) the v. The'ng Jegislatfree ~:ec • powera · ; of said· Terrltory·· · Y(Utah) a as •shall Ul.il exten case. to all accused is entitled to a trial by an impartial jury. (Reynolds v. United subjects of legislation consistent with th'{) Constitution of the United States; 145; 154.) States. (80 u. S., 444.} This right is not pretended to be secured by this bill. The organic .act of the Territory of Utah restricted its leg- Congress may govern the Territories, either mediately or Imme- • 1 ti t " · htful b · t f l ·si t• " A lik diately, either by the creation of a territorial ~overnment, with power 1S a \e power O rig SU Jee s o eg1 a ion. ~e pro- to legislate for the Territory, subject to such limitations and restrictions vision is found in the 'Or"'anic act of .l\Iontana Territory, and it as Congress may impose on it, or by the passage of laws directly is :found in other territorial acts. operating upon the Territory without the intervention of the subordi- A word a.s to the J'udges: nate government. (28 Am. and Eng. Ency. o.f Law, p. 594, cases cited N. 3.) Although the judges of the supreme court of a Ttirritory are appointed •t t b thr h t ti l · · 1~ by the President under an act of Congress, this does not make the In eith er case 1 mus e oug a represen a ve egisillture. courts they are authori.zed to hold -courts of the United States. (Clin- When a Territory is organized it becomes, in some sense, a ton v. Englebrecht, 13 Wall,. 4.a4; 28 Am. an'd Eng. ·Ency., p. 63, N. 1.2; separate entity, and may possess --legislative powers based on Am. Ins. Co. v. Canter, 1 Pet., 546; Benner v. Porter, 9 How... 235.) representative right which belong to its resklents as self-gov- They are territorial judges, to administer· territori.n.l laws, erning citizens, not derived from congressionally delegated legis- and ean not be clothed even by the appointi'rn power with the Iative powers. right to administer such laws as the appointive power .or other In .a certain sense Congress, by a territorial organic act, pro- per on may make. · vides for or creates and sets in motion a territorial legislature It will be kept in mind that this bill, section 2, proposes to which, subject to constitutional and lawful restrictions and surrender .all the authority of the United States, as -well as limitations, may make laws for the government of the Territory that of Congress, to the President of the United Stares, .and and its people. also t-0 .empower him to pass along all the power, without restric- Under the Constitution of the Unired States all laws must be tion, of both the United States and Congress to such person or of a representative legislative origin. Laws for a TerrUory persons as he may appoint. must be made by Congress or by ·a territorial legislature popu- The language of the bill granting away the powers of the larJy chosen. United States and of Congress is that- An organic territorial act takes the place, under the eonsti- All the m.Uitary, civil, and judicial powers of the United St.-

XLV--22 338 CONGRESSIONAL RECORD-ROUSE. JANUARY a,

The question was taken, and the amendment was rejected. The gentleman from .Michigan offers an amendment which the The CHAIRMAN. The question now is on the amendment Clerk will report. offered by the gentleman from Georgia to strike out the section. Mr. GARDNER of 1\Iichigan. Mr. Chairman, I desire to offer Mr. GARRETT rose. an amendment to the amendment. The CHAIRMAN. For what purpose does the gentleman The CHAIRl\IAN. The Clerk will report the amendment. rise? The Clerk read as follows: l\Ir. GARRETT. Mr. Chairman, is debate closed? On page 3, line 15, beginning with the word "and," amend by strik­ The CHAIRMAN. Yes. The question is on the amendment. ing out all down to and including the word " pleasure," in line 21. The question was taken; and on a division (demanded by l\Ir. Mr. MANN. That is not an amendment to the amendment. HARDWICK) there were-ayes 66, noes 68. Mr. SLAYDEN. 1\fr. Chairman, I ha·rn been trying to get the Mr. HARDWICK. Mr. Chairman, I demand tellers. attention of the Chair for a few minutes to learn something~- Tellers were ordered. The CHAIRMAN. The Chair will state to the House the par­ Mr. l\lANN. and Mr. HAnnwrcK were appointed tellers. liamentary situation. The amendment offered by the gentleman The committee again divided; and the tellers reported-ayes from Michigan is not an amendment to the amendment; it is an 85, noes no. independent amendment. So the amendment was rejected. Mr. MADDEN. Mr. Chairman-- The Clerk read as follows: The CHAIRl\IAN. The Chair will recognize the gentleman SEC. 3. The President, through one of the executive departments of from Illinois at this time as the proposer of the amendment. the Government, to be designated by him, or otherwise in his discre­ 1\fr. MA.DDEN. Mr. Chairman, there is no doubt about the tion, shall cause to be excavated and completed the Panama Canal ; and importance of having whoever may be appointed director-gen­ he is hereby authorized, in his discretion, to appoint, by and with the advice and consent of the Senate, one director-general of the Panama eral educated in the science of engineering; that the man who is Canal and Canal Zone, and from time to time to fix his compensation, occupying that important place should haYe the technical duties, powers, and jurisdiction until such time as Congress may other­ knowledge of the great work under his jurisdiction there can wise provide ; and the President may remove said official at his pleas­ ure. And the President is further authorized for the purposes de­ be no doubt; that the time has come when the commission as scribed in this act to detail, appoint, and employ, or provide for the ap­ it exists to-day should be abolished every person who is fa­ pointment or employment of such persons with such duties, powers, miliar with the methods employed in the canal construction jurisdiction, and official designations as may from time to time be deemed necessary, and to dismiss or provide for the dismissal of the will agree. There can be no doubt whatever that the rhief ~e ; and the compensation of such persons shall be fixed by the Presi­ engineer, under the present organization, is embarrasserl by dent, or by his authority, until such time as Congress may by appro­ the existing commission. We have a commission now consist­ priation act or other law regulate the same. Any of the persons ap­ pointed or employed as aforesaid may be persons in the military or ing of army engineers, each one of whom is in charge of a civil service of the United States, but the amount of the official salary division of the work as a division engineer. In his capacity paid to any such person shall be deducted from the amount of salary or as a division engineer he is subordinate to the chief engineer. compensation provided by or which shall be fixed under the terms of this act. Authority is hereby given for the procurement, use, and In his capacity as a commissioner he has coordinate power with maintenance of each and every thing necessary for the complete con­ the chief engineer, and as commissioners the division engineers struction, maintenance, and operation of said canal from deep water to meet officially and declare what shall be done and how it hall deep water. be done, and the orders of that commission there recorded are Mr. MADDEN. Mr. Chairman, I desire to offer the follow- passed up to the chief engineer, who is obliged to send these ing amendment. orders down to his division engineers, who a.re his subordinates. The CHAIRMAN. The Clerk will report the amendment. This seems to be an anomaly. No person running a well­ The Clerk read as follows: organized business would expect to conduct it successfu11y On page 3, in line 17, strike out the word "one" and insert, " a under such methods. If there is to be a commission at an, that person learned and skilled in the science of engineering and who shall commission should consist of thoroughly po ted constructors, have actively practiced his profession not less than five years, to be." whether they be engineers or not, but they should not be em­ Mr. BURLESON. Ur. Chairman, I desire to offer an amend­ ployed and placed in charge of the division work as subordi­ ment to the amendment, and that is to add after the word nates to the man to whom they as commissioners give orders. "years," in line 3 of the amendment, "and who shall have been This work is proceeding with great rapidity. The organiza­ educated at the United States Military Academy." tion is perhaps the best that could be expected under the diffi­ Mr. MADDEN. Mr. Chairman, I accept that. cult conditions which surrotmd the work. But with tlle elimi­ The CHAIRMAN. The Clerk will report the amendment to nation of the division engineers from the commissionership and the amendment. with the power placed in the hands of one man, whose orders The Clerk read as follows : will be supreme, we can hope not only for a more economical After the word " years,'' in line 3, Insert " and who shall have been conduct of the great enterprise in which we are engaged, but we educated at the United States Military Academy." can hope for a more expeditious conduct of the work. There 1\fr. .MADDEN. I accept the amendment. can be no doubt whatever in the minds of men who ha\e mnde 1\fr. GARDNER of Michigan. Mr. Chairman, I desire to a thorough ilwestigation of the conditions but that vast sums of offer an amendment. money have been expended which ought not to ha\e been ex­ l\Ir. MAl\TN. Thu t is an amendment in the third degree. pended, as a result of the anomalous conditions which prernil l\fr. GARDNE~ of Michigan. I understand the amenclment to-day. of the gentleman from Texas was accepted and incorporated in The CHAIRMAN. The time of th€ gentleman has expired. the other. .Mr. SLAYDEN. Mr. Chairman, there was so much confusion The CHAIRMAN. The Chair understands the gentleman at the time the amendment of the gentleman from Illinois was from Texas offered an amendment to the amendment offered by read that I was not quite certain that I caught the lan""unge the gentleman from Illinois. clearly, or that I understood fulJy the import of it. But I am of .l\fr. BURLESO. -r. That is right. the impression that the amendment propoEes to restrict the ap­ Mr. GARD~ER of l\Iichigan. And the gentleman from Illi­ pointment of director-general to a very limited class of gentle­ nois accepted it. men, the graduates of one school in which the teaching of civil The CHAIRMAN. The gentleman from Illinois can not engineering is an incident to a military education. Now, if that accept an amendment be true, if that is the purpose of the amendment, I do not think, .lUr. KEIFER. But he can modify his amendment-- for more reasons than I will be able to tell in ·frrn minutes, that The CHAIRMAN. The gentleman by unanimous consent may any such amendment should be adopted. Mr. Chairman, the modify his amendment. Military Academy is one in which very excellent engineers ha.-e 1\Ir. GARDNER of Michigan. Mr. Chairman, I desire to offer been developed; their system is a Yery superior one, as far as it an amendment to the amendment-- goes, but the system there under which they are tu ught en­ Mr. MANN. Mr. Chairman, if there has been a change in the gineering and graduated is an incident of their military educa­ amendment offered by my colleague from Illinois we would like tion. to hn:rn it reported. The engineering talent of this country is not all trained at The CHAIRMAN. The Clerk will report the amendment as the :Military Academy. There is a school in l\lassachusetts, the modified. l\fassachusetts School of Technology, which, in my judgment, The Clerk read as follows: ·devotes more time and more intelligent effort to the traininen applying for this position. He will be declared ineligi­ construction, to expend the millions of money we appropriate ble, if this amendment shall be adopted, for the position of as he pleases that we should be afraid-some of us-to give director-general. There is another great engineer in the city him the power to name the man whom he may want to hold of Chicago, who, I believe, is not a graduate of the Military responsible under him. We propose by this legislation to hold Academy or any other military school-Isham G. Randolph, the President responsible, and the next suggestion is that in the genius who constructed the great Chicago Canal-who also holding him responsible we shall limit him in the selection of would be debarred. the mun whom he shall hold responsible. The two positions Mr. Randolph, of Chicago, is one of the greatest engineering are not compatible. They are illogical. geniuses the country has ever produced, and yet he would be Mr. WILEY. Mr. Chairman, as a graduate of the first engi­ ineligible to appointment under this narrow and restricted neering school in this country-Rensselaer Polytechnic Insti­ amendment. I hope, l\fr. Chairman, that the House will not tute, of Troy-I wish to enter my protest against limiting the declare that in the selection of men to construct this great work appointment of the chief engineer of the canal to a military the President shall be confined to a limited class of people. engineer. The argument of the gentleman from Texas as to Already in the committee which has jurisdiction of the subject the engineers who were there before falls to the ground, because we are besought by cinl engineers of this Government and by to-day the Panama Canal is reaping the benefit of the work of military officers to increase the Engineer Corps of the United Mr. Wallace, who was, I suppose, one of the men that the gen­ States Army, because it is inadequate for the work that they tleman from Texas had in mind. He organized that work and are now called upon to do. You propose to still further em­ carried it forward, and the canal is to-day reaping the benefit barrass them l>y declaring that gentlemen belonging to that of his acts while chief engineer. Our school of engineers at class only shall be eligible for this work. It is wrong to them, Troy has produced some of the greatest engineers of this coun­ and it is wrong to the other engineers of this country that the try, and since I would not in any way desire to interfere with selection should be limited to one class, and. I hope that the the absolute power of the President to appoint anyone in his amendment will not prevail. [Loud applause.] opinion fit for the position of chief engineer, so I would not Mr. 1\IANN. Mr. Chairman, I moYe that all debate on this resh·ict him to a selection from the gi·aduates of any particular amendment close in ten minutes. school, military or civil. Therefore I do not wish to tie the l\Ir. BURLESON. Mr. Chairman, I hope I will be permitted President's hands in any way. I do not wish to say that he shall a word on this amendment. appoint from this or that school, but I do say that he ought :Mr. GARRETr. Mr. Chairman, I want about two minutes. not to be restricted to the Military Academy alone. [Applause.] l\lr. GARRETT. Mr. Chairman, there are times when it is Mr. WILEY. I wish about two minutes. not necessary to call a spade an excavating instrument. This The CHAIRMAJ.~. The Chair will put the question upon the seems to be one of the times. The purpose of this bill is to motion of the gentleman from Illinois, which is that all debate make a place for ex-President Roosevelt. The purpose of the on this amendment be closed in ten minutes. amendment is to prevent his appointment. I have no tumultu­ The motion was agreed to. ous love for the ex-President, but I see no reason why he should l\Ir. BURLESON. Mr. Chairman, when the construction of 'be cut out by an amendment. [Laughter and applause.] the Isthmian Canal was inaugurated the President of the The CHAIRMAN. The question is on agreeing to the amend­ United States placed in charge of this great work one of the ment offered by the gentleman from Illinois. most eminent engineers in the United States; he was selected The question was taken, and the amendment was lost. from civil life. After a short lapse of time, for some reason, Mr. GARDNER of Michigan. Mr. Chairman, I offer the fol­ this gentleman resigned. He was immediately succeeded by lowing amendment. another gentleman skilled in the science of engineering, who The Clerk read as foll9ws: was also selected from civil life. I will not undertake to state On page 3, line 15, beginning with the word "and," amend by strik­ the reasons why and I will not say he got cold feet, but after ing out all down to and including the word "pleasure," on line 21. a short time he, too, resigned. He was imrnedia tely succeeded l\lr. GAitDNER of Michigan. l\Ir. Chairman, I ask unani­ by another distinguished engineer, a man able in his profession mous consent that I may ha>e ten minutes. and successful, selected from civil life, and he, too, after a short Mr. MANN. If the gentleman from Michigan will permit me, time, also resigned. These changes in the directing head of this I will ask that all debate on his amendment cease in twenty stupendous project made for confusion and delay, and the Presi­ minutes a.nd the gentleman from l\Iichigan to have ten minutes. dent of the United States, in order to obviate the danger of The CHAIR~IA.l'l. The gentleman from Illinois asks unani­ the e constantly recurring resignations, detailed an engineer mous consent that all debate on the amendment cease in twenty officer of the United States Army, a graduate of the United minutes and the gentleman from Michigan have ten minutes. States Military Academy, a skilled and able engineer, to take Is there objection? charge of this work, and he has remained put and continues in There wns no objection. charge of the canal construction to-day. For a number of l\lr. GARDNER of Michigan. Mr. Chairman, the purpose of years, M:r. Chairman, this engineer officer has remained in this amendment is to pre>ent the consolidation of the present charge of this great enterprise, though conditions are such on commission's authority and power in one man. The bill as it the zone that it must be at the risk of sacrificing his health, if stands proposes to do away with the commission as now exist­ not jeopardizing his very life. He has been successful. Why ing. Gentlemen understand under what conditions that com­ should we risk the appointment of another man to this position? mission came into being. The gentleman from Texas [Mr. I want to see continued in charge of this great work Col. George BURLESON] alluded to it a few minutes ago. Three times emi­ W. Goethals, the man who has done more to make a success of nent civil engineers ha.e been selected, at a salary of $30,000, Isthmian Canal construction that all others who ham been to go down there and take charge of this work. Three times, connected with it from the beginning to the present time. successively, the appointees resigned, and when it seemed ns Whate>er of credit there is, because of this he is entitled to it. though the enterprise was to be a failure, that we were to be If for any reason Colonel Goethals should be relieved of his put in an apologetic position before the world, the Go>ernment, responsibilities as director-general we also know that if he is in sheer despair, turned to the army, and out of the commission succeeded by an army engineer he must remain on the ·job until of se>en appointed, five were from the army and nm·y and two he se>ers his connection with the United States Army or until were civilians. In the course of the years these civilians have death claims him as its own. both resigned. To-day we have a commission only of military 340 CONGRESSIONAL RECORD- HOUSE. JANUARY 5,,

and naval officers. From the beginning of the enterprise every in favor of the divided commission on the Canal Zone. The civilian selected for duty as a commissioner on the Panama original bill which passed this House for the construction of a Canal Zone has exercised his right of getting out and leaving canal did not provide for a commission. That was inserted in it, and but for the military it is doubtful if the enterprise could the Senate. This Hou...~ on two prior occasi9ns has passed the have been carried on. bill for the purpose of abolishing the commission and centrnliz­ These military men recognized the word of command and they ing the responsibility in an executive in charge of the construc­ hesitated not to obey. The one man who made possiole the tion work. No one familiar with that work down there can success of this enterprise more than any other is affected by now doubt for a moment that there is danger of an explosion this bill and will be legislated off of the commission. You there at any time. Imow, gentlemen, that when Colonel Gorgas went there as sani­ There is no head to the work. At any moment when sub-0rdi­ tary officer of the zone every ship headed north was loaded, na tes upon the canal in the shape of commissioners choose to passenger and steerage accommodations alike, with men who override Colonel Goethals it may be done, but the moment we were escaping from the fear of yellow fever. That zone, for propose to abolish six jobs at $14,000 a year, excessive salaries, 5 miles on each side of the Pana.ma Canal, under the French so far as the present work is concerned, we are met with great r~gime had become known as the pestilential horror of the arguments about the desirabilHy of having a divided executive \-VOrld. head. When these salaries were first fixed, they were fixed for It was for this man single-handed and alone to take charge the purpose of gathering together eminent engineers through­ of that work and make the Panama Canal Zone what it is out the country to serve a short time in determining the method to-day, as healthy a place to live, so far as yellow fever is con­ of constructing the canal and the route and type of canal. cerned, as is the city of Washington. Not for years has there Those places are now occupied mostly by army and navy offi­ been a single case there. It is now proposed to set him aside, cers, who ought to be paid some salary in addition to their to demote him, and say to him before the world, " Your work is army and navy pay, but there is no justification for the pay­ done; we will reduce your salary and dispense with your serv­ ment of $14,000 a year to six men for the purpose of executing ices, unless you can take a subordinate position." That is the the work, and no reason for having the six men for the pur­ .situation. pose of determining the work in conclave. The Isthmian Canal The other members of the military commi.ssion that went Commission to-day is a myth, except for the jobs and the sala­ with Colonel Goethals, and I subscribe to all that has been said ries. It does not operate as a legislative body. It does not in regard to the personality and capabilities of this eminent operate as a consulting body. It was the desire of President civil engineer, but we must remember that Sibert is distin­ Roosevelt, it is the desire of President Taft, that he l>e per­ guished, we .must remember that Major Gaillard is distin­ mitted to so reconstruct the method of conducting this work on guished, we must remember that Hodges is distinguished. These the canal that he can hold some one responsible for the work, men are the very cream of the civil engineers of the American and it is essential, in my judgment, if we expect to finish the Army, and when they were commanded to go there and dig the work without scandal and without trouble, that this be done. canal they took their lives in their hands and went, and the The CHAIRMAN. The question is on agreeing to the amend­ canal is being dug. Not one single criticism has been alleged ment offered by the gentleman from Michigan. against the commission in its operations there. Honest, faith­ The question was taken, and the amendment was rejected. ful, intelligent, competent, they are carrying forward the great Mr. KEIFER. Mr. Chairman, I understand from the bill, work to the admiration and satisfaction of every man who goes section 3, page 3, that the word " engineer," after the com­ to the zone. pound word " director-general," has been eliminated by the I challenge any man on this floor to bring a charge against committee. the commission individually or collectively of incompetence or Mr. MANN. We have recommended that. graft; the work is being done, and done well. .Members at the Mr. KEIFER. I shall move to amend by inserting that other end of the Capitol and this end alike unite in this. We word " engineer." can now see the beginning of the end. Mr. MANN. It will take a vote to strike it out. These are military men. What would have been thought The CHAIRMAN. The Chair will state that the amendment near the close of the war, when victory was in sight, when the has not yet been offered. The chairman of the committee has preserYation of the Union was certain to come, had Sherman not yet offered it. nnd Sheridan and Meade and Thomas been demoted so that l\1r. MANN. That is a committee amendment that comes Grant might stand forth first and alone, and these men dis- ' from the desk and is reported. credited before the country, when as a matter of fact they The CHAIRMAN. The question is on agreeing to the C{lm­ made possible the victories of their chief? The whole civilized mittee amendment, to strike out the word " engineer " in line world would have cried out against that kind of treatment of men 17, page 3. who deserved better of their country-and that is what these M:r. KEIFER. Mr. Chairman, I desire to be heard on that men have done down there. Not one of us, were we capable of amendment very briefly. I think the first impression of the doing the work committed to them, would go there and stay for gentleman from Illinois [Mr. l\IANN] in this case is best. Ile the salary that they receive. Reduce their salaries, it has been had in mind in drafting this bill and similar bills in prior Con­ suggested. You gave the chief engineer three times over, suc­ gresses that the director-general should be an engineer. cessively, $30,000, you said, as an inducement. These men ea.ch . Now, the proposition as it comes from the committee is that and all resigned and came home. You give the present com­ we are to select somebody down there who is, o.f course, to act mission $14,000, minus what each would receive on duty else­ under the President of the United States, or under some person where as an officer in the army or navy. As I said the other that the President may delegate the power in the United States day, supposing Colonel Goethals dies, who would take his to, .acting under him and not to be an engineer. It will be re­ place? The discussion on a previous amendment has shown called that a few moments ago I tried to have an amendment the turmoil into which we may be landed in such an event. No adopted to a prior section so as to require the President, if he one doubts now but that some one of these men who has dem­ designated some man, a citizen of the United States or of onstrated his capabilities, who has shown himself a competent Great Britain, or of some other civilized country, or even some subordinate, would be called to fill the vacancy if that lament­ barbaric country, to make the laws for that zone and do the able thing should occur, and the great work would go on to its things that belong to the United States, as might otherwise be completion. done by the President, but I wanted that distinguished person, Having been there twice, in the month of November last for whoever he may be or wherever he may come from, to be ap­ eleven days, at a time when there were sixty consecutive hours pointed by and with the advice and consent of the Senate of of rain, I saw the civil engineers out, drenched to the skin, day the United States, but that was voted down. There is a great after day, but at the post of duty always, and the work was habit here of following a committee, sometimes without wi ~do m, going on notwithstanding the unfavorable weather. It woulll but let me say when we come to this officer, director-general, be one of the most cruel things in the history of the American not to be an engineer, according to the committee-I belie-re he Army, so long as there is no charge of corruption or intimation is to be appointed by and with the advice and consent of the of incompetency, to dissolve the commission, dismiss these Senate-but is to be a mere subordinate. distinguished and faithful officers, and demote them and dis­ Yes; the bill, in section 3, reads that the Pre-sident- Cl'edit them before the country. [Applause.] is hereby authorized, in bis discretion, to appoint, by and with the ad­ Mr. .MAl""\fN. Mr. Chairman, my service in this House has vice and consent of the Senate, one director-general of the Panama been long enough to have discovered that whenever it is pro­ Canal and canal Zone. posed to abolish a job or reduce a salary you have trouble on He may not be able to read and write, to say nothing about your hands at once. The method of meeting a proposition of his being a distinguished engineer. The gentleman from Illi­ that kind is not usually by argument of the question itself, nois states what I can not concur in, viz, that we are on a but by arguing some other question. This House has never been point of an explosion down on the canal now. Nothing of. the 1910. CONGRESSIONAL RECORD- HOUSE. 341

kirni has appeared to any of us who ha·rn been there recently. With amendments, which were read, as follows: We have seen things goillg on there splendidly. The gentleman Strike out all after i;ection 5, iii line 22, page 4, down to and includ­ assumes that the members of the commission are down there ing line 10, page 5, and insert the following : " The judicial power in the Canal Zone shall be vested in one circuit doing nothing. How great is his error. Why, Mr. Chairman, court and such infetior courts as the President may constitute. The that charge was made against the commission in a former judge of the circuit court shall be appointed by the President, by and time when the commissivn used to meet in New York City and with the advice and consent of the Senate, and shall hold bis office for the term of four years and until his successor is appointed and quali­ in tbe city of Washington and did what the gentleman from fied; bat in the event of the absence or incapacity to act of the judge Illinois says they ought to do, namely, meet as a body and act so appointed, a judge pro tempore may be appointed by the director­ there. Instead of that, under the direction of the President of general. No person holding a judicial office shall at tbe same time have exe<:utive or legislative power. The records of existing courts and all the United States, the present President then being the Secre­ causes and proceedings pending therein at the time, except as herein tary of War, the commissioners were ordered to go to the zone, otherwise provided, shall be transferred to and continued in the new where each would be assigned a proper division of that 50 miles courts herein provided for and authorized, at such time and in such an manner as may be provided by order of the President. For the purpose of c:mal, each becoming effective acting man, with regular only of enabling the existing supreme court of the Canal Zone to de­ meetings of the commiesion on the ground where it could un­ termine finally any causes and proceedings which may be pending derstand all about it. The commission is an organized body therein when this act takes effect, the President may continue the said court in existence and retain the judges thereof in office for such time to-day, and its members meet as often as required or is neces­ as may seem to him ne<:essary." sary. The commis ioners act on the ground, :ill of them, and In line 9, page 6, strike out the word " supreme" and insert the word they are acting harmoniously. One man is assigned to a di- "circuit." . vision of the work here and· another there, and they are held In line 14, page 6, strike out "ten" and insert "five." responsible for it; and I do not agree with the distinguished In line 16, page 6, strike out "ten" and insert "five." gentleman from Illinois that there is any condition down there 1\Ir. HUGHES of New Jersey. 1\Ir. Chairman, I desire to of chaos or likely to be. The organization is perfect in its ma­ ·offer the following amendment as an amendment to the commit- chinery, and if it is not, it is the fault of the President of the tee amendment. - United States and the Secretary of War. Now, this commission The Clerk read as follows: is to be abolished by this proposed legislation, it is said, to get On page 6, line 6, add the following : "Prodded, That none of the said courts nor the judges there?f sha)l rid of an explosion of the organization on the zone; and who have power to punish any person for any contempt not committed m are we to substitute, not even an engineer director-general? the actual presence of the court, unless the question of fact involved The CHAIR~IAN. The time of the gentleman from Ohio has therein has first been determined by a jury." expired. 1\Ir. HUGHES of New Jersey. Mr. Chairman, the purpose of :Mr. 1\IANN. 1\Ir. Chairm:1.n, I owe an apology to the House the amendment is plain to any gentleman who heard it read. for the amendment. The fact is, the bill originally read " one My object is to limit the power of the court in contempt cases. director-general engineer," or, rather, it is a question of apol­ During my service here there bas never been an opportunity to ogy between myself and the Go>ernment Printing Office. I put this matter fairly and squarely before the House. Both the contended that the bill which was sent to the Printing Office political parties in their platforms have made declarations on ne>er had the word " engineer " in it; the Printing Office said the subject. I think the platform of the party which I repre­ otherwise. But the title is incongruous-" director-general en­ sent has made a fair and honest declaration of where it stood. gineer." A title with two words is one word too long, but a I have been unable to determine for myself what the declara­ title with three words would be nearly as bad as the commis­ tion of the party represented by the gentlemen on the other sion itself. Now, there was no purpose in recommending the side of the aisle means. I have never met anybody who was striking out of the word "engineer." In the original bill there quite certain of what it meant. Now this proposition is fairly was a provision for a director-general, a chief engineer, and and squarely before the House. Here is a chance for us to a go>ernor of the Canal Zone, but upon complete reflection the determine whether or not, as has often been stated, the mere committee thought it was advisable to have a person whom fact that you grant a man a jury trial in a contempt case is the President might hold responsible as the executive head absolutely subversive of all law and order. As gentlemen here upon the Canal Zone, and I feel myself as though we might know, in the ordinary contempt case an injunction is issued properly trust the President, if we placed the responsibility prohibiting a certain line of conduct or certain acts, and the upon him for the executive work of construction, with the defendant is haled before the court and charged with having selection of a man on the zone whom he will hold responsible; committed these acts. He may bring any number of witnesses and while I ha>e no doubt that while at present he will ap­ to testify that he did not commit the acts complained of. He point Colonel Goethals director-general, if Colonel Goethals may come into court, as they have time and time again to my for any reason should be taken away, I do not know or haye knowledge, and state that they did their best to conform to and an idea who the President would appoint; and we are endeav­ obey the orders of the court, and yet they have been found oring to hold the President responsible fo the conduct of the guilty of contempt or contumacious conduct for violating an work on. the zone honestly, efficiently, and economically; and order which in some cases it was impossible for them to even if he makes a failure in the selection of any director-general, understand. he will meet the proper criticism of this Congress, and we have The order was so broad in one case, which I call to my mind, it in our power at any time to change the law and provide that it provided that any interference with any of the business expressly for the man who may be appointed. I hope the of the complainant was a violation of the order. It was a gentleman's amendment will prevail. strike case. The defendants were on a strike. The mere fact The CHAIRMAN. The question is on agreeing to the com- that they were on a strike was an interference with the busi­ mittee amendment. ness of the complainant. So the order was practically an order The question was taken, and the amendment was agreed to. sending them back to work, and unless they went back to work The Clerk read as follows : they were in contempt. .And on the final trial of that issue the SEC. 5. The judicial power in the Canal Zone shall be vested in such courts as are now constituted or as the President may hereafter con­ court went back to that drag-net clause, and said "there is a stitute in accordance with the provisions of this act ; and the Presi­ good deal of conflicting testimony in this case, but there is one dent shall, in the exercise of the powers and authority conferred upon clause in this order which says any interference by the de­ him by this act, appoint, by and with the advice and consent of the Senate, a supreme court of the Canal Zone, with a fixed tenure of fendants with the business of the complainants is a violation office; but no person holding a judicial office shall at the same time of the order; and I hold that as to certain of the defendants," have executive or legislative power. The records of existing courts enumerating 10 or 15 of them, that they were so guilty. That and all causes and proceedings pending therein at the time may be transferred to and continued in the courts hereafter constituted by the case was carried to the court of errors and appeals in the President as herein authorized and provided for at such time and in State of New Jersey, and there the court laid down the star­ such manner as may be provided by order of the President. tling doctrine that there was no appeal from a punitive order The Supreme Court or the United States shall have jurisdiction to review, revise, reverse, modify, or affirm the final judgments and decrees of a court of chancery. That decision stands on the books of or the supreme court of the Canal Zone in all actions, cases, causes, the State of New Jersey to-day, that a punitive order once and proceedings now pending therein or hereafter determined thereby issued, despite the fact that we attacked the jurisdiction of the in which the Constitution, or any statute, treaty, title, right, or privi­ officer issuing it, the order having been made by a vice-chan­ lege of the United States is involved, and in causes in which the value in controversy exceeds $10,000, or in which the title or possession of cellor, and we contending that nobody but a chancellor could real estate exceedmg in value the sum of $10,000, to be ascertained by make such an order, in spite of the fact we stated that these the oath of either party, or of other competent witnesses, is involved people were deprived of the constitutional right of appeal, and or brought in question, and also or criminal actions wherein the offense charged is punishable by death or imprisonment for life; and such compelled to testify against themselves, and that there was no final judgments or decrees m~y or can be reviewed, revised, reversed, warrant for the punishment inflicted, it was held that puni­ modified, or affirmed by the Supreme Court of tbe United States on tiYe order once issued there was no appeal from it . appeal or writ of error, in the same manner, under the same regula­ tions, and by the same procedure, as nearly as practicable, as final To carry that decision to its logical conclusion, it meant that judgmHnts and decrees of the circuit courts of the United States. the vice-chancellor or the chancellor could have sent these · 342 CONGRESSIONAL RECORD-HOUSE. JANUARY 5,

people to prison for any term, or have inflicted any kind of Where a man is an employee at will-that is, employed with­ punishment upon them. We, in our appeal, set up that the out any time contract-he has no property right in Ws job. punishment was unconstitutional, because cruel and unusual. He can be dismissed without a moment's notice, with or with­ The court refused even to go into that question. We came to out cause, and he can not recover damages for the loss of his the United States Supreme Court on that proposition, and that job. Under similar circumstances an employer has no property court laid down the doch·ine that they had no right to broaden right in an employee or in his labor power. Even where a the jurisdi"tion of the court of errors and appeals. time contract to labor exists between employer and employee The time of Mr. HUGHES of New Jersey having expired, by it can be Yiolated by either party at will. The employee can unanimous consent it was extended two minutes. not be compelled to continue his labor, nor can the employer be l\lr. HUGHES of New Jersey. Now, the object of my amend- compelled to furnish a job. That arrangement is based upon ment is twofold. I want to protect these workers on the canal, correct economic principles. Any other method would force and in case any question of this kind arises, I sin1ply ask that irreparable injury to employers of labor and abject slavery to · they be entitled to a jury trial to decide the question of fact the employee. involved. I notice that in this bill the right to a jury trial is In such cases the law provides an adequate remedy through limited and restricted, but I want to give them that right, and which the injured parties may be indemnifieu by a judgment for I want, further tlian that, to see whether the Republican party damages in equity proceedings, which can be collected unless meant what it ~aid on this subject in its platform. [Applause the parties against whom it is rendered are insolvent. It is a on the Democratic side.] very popular thing for a judge to issue a restraining order, or l\Ir. l\IANN. l\lr. Chairman, the Republican party always injunction, during the exciting period of a strike, restraining means what it says, and in that respect differs essentially from strikers from assaulting, coercing, or otherwise intimidating the other side of the aisle. [Applause on the Republican side.] so-called" scabs" and" strike breakers." No man who believes in But this is not the place nor is this the bill in which to work government, who acknowledges that the· welfare of mankind can out the question of contempts or trials for contempts. Every best be promoted and secured through organized society, can lawyer will see that cases might arise in this country where the for a moment countenance the use of violence during a strike, proposition of the gentleman from New Jersey [Mr. HUGHES] whether perpetrated by strikers or the hired thugs of corpora­ would be subversive of justice. I do not suppose, as a matter tions. Those who have been students of indush·ial affairs know of fact, that there will be any trials for contempt or any con- that, aside from its moral aspect, the use of physical force by tempt of court occurring once a year upon the Canal Zone. those engaged in a strike is one of the greatest weapons that There is, in my judgment, no danger of the employees of the can be placed in the hands of their employers to defeat them. Government going on a strike; -but if there were that danger, it It arouses public sentiment against the strikers, and no strike would be absolutely strange if you should submit to them the of any magnitude can be carried to a successful conclusion when question whether they should be on strike or not, because all public sentiment is thoroughly aroused against it. Many em­ the jurors down there come from the employees of the Govern- ployers of labor understand that fact thoroughly, and when ment. I apprehend no such occasion will arise. I had hoped indush·ial conflicts occur thugs are engaged by th~m, either to that we might consider the proposition of constructing the canal tantalize the hot-headed and impulsive ones among the strikers upon the merits of obtaining the final work and not inject polit- until they commit some breach of the peace or to -circulate ical propositions. I hope the amendment of the gentleman will among the sh·ikers and incite them to deeds of violence, to the not prevail. end that public sentiment may be aroused against them and Ur. WILSON of Pennsylvania. . Mr. Chairman, differing with their own conservative members turned against the conduct of the gentleman from Illinois [Mr. MANN], I hope that the ainend- the strike. ment of the gentleµian from New Jersey [Mr. HUGHES] will pre- 'For all acts of violence, coercion, intimidation the legislative vail. While I do not believe that the amendment goes as far as it branches of our Government, which are the proper branches should go, while I do not belie'Y'e that it reaches the meat of the to determine what constitutes a crime against the community subject, I do believe that it is a great improvement over the propo- and the proper punishment for such crimes, have provided what sition contained in the bill. It provides at least the protection of in their judgment is an adequate remedy, and no court has a a trial by jury. The great difficulty with our injunction cases right to step in and provide another remedy. When it does so and the contempt cases growing out of them has been a growing it usurps the power that belongs exclusively to the legislative t~dency on the part of our courts to assume extended jurisdic- branch of the Government and abolishes the right of trial by tions. Originally the purpose of an injunction was to protect jury in criminal cases under the guise of enforcing orders of a property right where irreparable injury was threatened and the court in equity proceedings. Having established the custom there was no other remedy at law. Then it was proposed of issuing injunctions restraining men from using force, me where there was no other adequate remedy at law. From that next step was to restrain them from using persuasion, and num­ it has grown from the protection of a property right into an bers of injunctions have been issued forbidding those on strike interference with the personal rights of citizens and an in- inducing others to join them, and even where no strike existed vasion of the criminal jurisprudence of the country. Injunc- or was contemplated injunctions have been issued restraining tions are frequently issued in labor disputes, restraining men men from inducing an employee of a corporation, or those who from using force, restraining men from using violence in this, might desire to become such employee, to join a union. that, or the other case. When a court issues an order of Some courts have even gone so far as to restrain the trades that kind it invades the province of the criminal courts. Yet unions from furnishing relief to their starving members who almost every injunction that is issued in a labor dispute re- .were on strike, and all this under the pretense of protecting strains the parties enjoined from using threats, force, show o:f the property rights of the employer. Having gone thus far force, or offers of violence. When an order of that kind is in the usurpation of power not delegated to them by the C'i0n­ issued it becomes a law within the bailiwick of the court issu- stitution or the laws of the land, the next step was the issu­ ing it. It remains the law until the court itself repeals it, and ance of injunctions forbidding the parties enjoined from exer­ the result of it is that when men are charged with violence, cising the constitutionally guaranteed right of free speech and threats, show of force, or threats of violence, in.stead of the of free press. . facts being submitted to a jury of their peers, the court itself- The injunction is one of the most beneficient writs issued by the aggrieved party, the party supposed to be held in contempt- our courts when used, as originally intended, to protect prop­ sits in judgment upon the case and determines the facts as well erty rights against irreparable injury where there is no other as the law. remedy provided by the common or statutory laws. When it Where I believe the amendment of the gentleman does not goes beyond that and seeks to resh·ain people from exercising go far enough is that it does not declare the dividing line be- their inherent personal rights, which are specifically guaran­ tween personal rights and property rights. If as a fundamental teed by the Jetter and spirit of the Constitution, it becomes an proposition an. injunction is to protect property where there is instrument of oppression, dangerous to the liberty, safety, no other remedy at law, then the courts have no right to issue and property rights of the community. The legislative branch restraining orders saying that men shall not use force, unless of the Government can not with justice to. itself permit the upon the assumption that one of the parties to the dispute is courts to usurp its functions by enactment of laws under the the property of the other party. In other words, if the court pretext of enforcing its edicts. This power assumed by the says to A that he must not interfere with B because his inter- courts must be taken from them, and the right to issue in­ ference affects C's property rights, then it is an assumption junctions must be restricted to the protection of disputed that C has a property right in B. There is where the conrts property rights, where it properly belongs. have overstepped their rights in the premises. Men have a I For centuries there has been an irrepressible conflict between right to work or not to work as they see fit, and if B is an two distinct forms of government-a conflict between govem­ employee of C, or hns been or is seeking to be an employee of ment by law and government by discretion. The tendency o:f! O, It does not follow that Chas a property right 1n B. the Anglo-Saxon races has been toward government by law, and CONGRESSIONAL RECORD-HOlJIBE.. 343

Tjgh , :and !that ·:among these -are 1ffe, liberty, and the pursuit of m~y 11 :sanguinary conflict has been -engaged in for the :pur­ J.iappiness,'' and Jt .:f.u.I'th-er assigns as one at -the causes for the -sepan­ _pose of securing and main±a1ning government ;l}y law and the tion from the mother country and the establishment of an lndepenflent protection of a t:rial by jury .against "false ;accusations or the government, "tb..-e ·depriving us in many cases of the benefits of trial by jury." whims, caprice , .and limited judgment of 1IDY ,one man, ·whether "'The Constitution of the United States, ·which creates our juclicla-ry, he be a judge OT ·prosecutor, or both. ,give .to dt -w.ha.tev£r power it c.a.n properly exercise, and limits its juris­ ExperieDce has shown 1:hat the happiness and ·general wel­ dictions, saµ : ".First a.mentlment. :Congress sh.all make no law respecting an estab­ fare of the peo.Ple can be better promoted and protected llsh.ment of i:eligion, _or pro.hibtting the free exercise thei.:eof ; or abridg­ 1:b.rough gov.ernment by Jaw enacted by ·one branch of the gov­ ing 1:he freeilom of speech, or of -the J>ress ; or the right of the people ernment and adj-udication made ·by another branch than -they peaceably -to assemble, and to petition the Government for a redress of grievances:" can be :wh-e:re the power to make and -enforce laws is plaeed " ·Birth ·amendment. In all ·criminal prosecutions the accused shall in the hands of one man_, whether -you call him ·a !iudge .or .a ·enjoy the right to a speedy and ·a public trial by an impartial jury of czar. the .:State .and district wherein -the ctime shall have been committed, The . tendency -0f ·om· .moder.n American courts has 1bean to which district shall have .been. pre-viousJy :ascertainea by law, and to ue in:farmed of -the na.tnre and cause of the accusation; to be confronted get away from government by law with the ,protection of a -trial -witb :the ;witnesses against llim; to ha.ve compulso1·y process :for obtain­ by jury and back to the old Latin ~stem of government .IJy dis­ ing witne.sse,s in his favor; and ·to nave the a&sistance of counsel for his cretion, with thai discretion _placed exclusively Jn -the hands of defense." "Ninth mnendment~ The enumeration in the Constitution of certain our judges. Such an amount of power ·exercised by any nian ,af Tights ·shall .not be construed to deny or disparage others retained by liberal vi-ews and a broad conception of tile tights of :the _people the 'l)eople. mi.gbt be perfectly safe, but, unfortuna-tely, :we ha.e no means " 'l'errth amendment : Tbe 1JOwers ~not delegated to the United States by the Constitution, mor prohibitetl by it to -the States, are reserved -of changing the nature of men when -we ee-leYate -them :to the to ·the Sta:tes. respectively, or to the people. bench. Judges are like other men..; they are good, bad, and in­ " Thirt-eenth amendment: Section 1. Neither slavery nor in>olun­ different. They are -subj€ct to the 'Same errors -of judgment ta:ry servitude, .e-xcep.t as ,a punishment for crime whereof the party shall !have been ·duly convic.ted, -shall exist within the United States, and limitatian:s of knowledge that other men _are :SUbject ;to; or any -place subject to their jurisdiction." they have 1:heir likes and dislikes, their preconceived ideas ·a:nd It 1l'.IUBt 1be apparent :to even rthe most casual tnvestigato.r that the prejudices. As Sheldon says in his Ta:ble Tall.ks: courts of the United States hold the same rela:tionship to the Gov­ ernmen.t of our counti:y -that the courts of Great :Britain held and :A chancellor·s conscience is like .a chancellor's foot-on~ 'has a broad .now holQ to tthe rega~ '.IJOWer. No one will cont{ffid that any judge in foot, one has a narrow foot, and one has ,an irulilferent foot. Great Britain, either at the time of the ado..Ption of our Constitution ur since ..that :time -could .have any greater power than that conferred To pluce the absolute power of life, liberty, and ·property "in by .reg.al au.tlloricy e;xp.ressed by 'tlle Parliament and approved by the the keeping of our judges, under -these circumstances, would be "King. .It ·na.turaliy follows · that our courts can have no greater power snbTersive of :the rights of man; yet that is the power assumed than that .granted to .them by the Constitution. When the Constitution granted to onr judiciary jurisdiction in by .our com·ts when issuing injunctiona in labor -d1sputes. No equity it c.ould .not 'h::rve canveyed ·any wider autllority than that which wonder thene fis a spirit of ·unrest amongst the workers ; no rusted in ~lish jm:isprudence at the time •Of the adoption of the wonder they -are protesting against tbis arbitrary power being Caru;titution, and t he quotations we ha:ve cited from the Magna Charta, the Bill of 'Rights, an1l. the Declaration of Independence abs-o- exercised to their detriment. It is for these -rea_sans that, 1utely -den;y the tight of the equity courts to .infringe upon personal while I do not believe the :amendment offered by the gentleman liberty .or existing :la.w. Our GoveI:Illllent is not only one of delegated from New Jersey [Mr. HuGHEs] -goes :to ·the root of the evil, I _powers, but also of reserved powers. 'The .same instrument that cre3.tes the judiciary -and dele::;ates powers to it reserves all of tbe am, nevertheless, in favor of it, because it furnishes the pro­ powers that ·are n.ot :tllus delegated to the var.ious States and .to tection of a trial by jury against -the .exercise of arbitrary ·the people. When, -therefore, any court assumes to exe1·cise powers not .delega±ed to :U 'by the Constitution, lt invadeB the rights •by 1 ;power uur courts. s_peclfica:lly .resorv.ea. by t1rat documen.t to the States an.d the people ; My :views on this s.ubject are IDOre derrrly -and ·succinctly its action 'becomes void from lack of jurisdiction and .should not .be stated in the·:report of the committee on tile president's 1•epo.rt obeyed. on subject of :injunctions made -to the convention of the We .are ,J!Ollseguently in ne:rrty accequal, that they are endowed by -their Creator with certain inalien:rble of the '1Ila:D. who 'has :the -patronage QI' -the ·goon wm to "give. 344 CONGRESSIONAL RECORD-. HOUSE. JANUARY 5,

We are pleased to note that upon an appeal to the court of appeals appeal. If he is sentenced for a term of years less than that of the Dish·ict of Columbia Chief Justice Shepard dissents from the decision of the majority of the court. - of death, or for life, he has no right to an appeal. Should he The division of opinion of the court of appeals of the . District of be convicted and sentenced to ten years or thirty years or forty Columbia in this case, together with the widely divergent opinions ex­ years, that would neither be for death or for life and he would pressed by different federal courts in various parts of the country, making it practically impossible for even those that are learned ll;l. have no right of appeal. When I consider this phase of the the law, n ot to mention the ordinary layman, to determine with any matter it seems to me that when I remember that in this very degree of accuracy the extent of the jurisdiction and powers. of our bill the director-genei·al, which the distinguished chairman of courts in injunction cases, shows the imperative need that the Supreme Court should pass upon the entire subject-matter involved. No better the Committee on Interstate and Foreign Commerce has said case has yet presented itself for that purpose than the Buck's Stove would be appointed-and I say ought to be appointed-a mili­ and Range case and the contempt proceedings growing out of it. tary eng~eer, has within his power authority to appoint a cir-· We therefore recommend that the executive council be instructed to take such steps as may be necessary to carry this injunction case, cuit judge in the event of the absence or sickness or inability and the con tempt cases growing out of it, to the Supreme Court of the of the judge to discharge his duties. United States in order that we may secure a decision that will define It looks llke a great hardship that a military engineer who our rights in so far as it can be done in considering these cases, and we further recommend that the executive council be authorized to is to name a judge, whose qualifications he could only be in­ raise funds, either by assessment or appeal, i! more be needed, to carry formed of by hearsay, because he is not acquainted with all the former recommendation into etl'ect. No matter what position the the principles of the law and the habits and customs of law­ Supreme Court may take upon the cases at issue, our experience with injunctions during the past thirty years makes it necessary to secure yers that would aid and guide him in selecting a competent such legislation as will clearly mark the dividing line between equity judge, and yet that man placed on the bench by the director­ courts and law courts and prevent the equity courts from ever again general could depr:ive a man convicted of an offense of thirty usurping the powers of our legislatures and our courts of law. · We have examined H. R. 3058, introduced in the Sixty-first Congress or forty years of his liberty without the right of appeal. The by Representative WILSON of Pennsylvania, and believe it will accom­ best of judges sometimes make mistakes in their rulings and plish the results desired if enacted into law, and that in addition it decisions. I only ask it in the sheerest justice to the American will remove the strained construction of the Sherman antitrust law made by the Su,Preme Court, and destroy any possibility of making the citizens that are down there or the citizens from any other said Sherman antitrust law apply to the laborer instead of to the country. I say that he ought to have the right when his lib­ product of his labor. erty is threatened to be taken from him ta have his case re­ We recommend that thi.s bill be indorsed, and every etl'ort be put viewed by nine able and distinguished judges of the Supreme forth by the American Federation of Labor and its affiliated branches to secure its enactment into law. Court of the United States, instead o:f submitting it absolutely We deem it incumbent upon us to emphasize the warning of Presi­ and unconditionally, without any hope of remedy, to one man as dent Gompers against the so-called " life-savers" injunction bills, in­ a judge, even with a jury trial. troduced for the various reasons enumerated. Most of these bills con· cede a statut ory right to the courts which they do not now possess­ I do not believe in it. I believe in the right of appeal in the to issue injunctions in labor disputes, and then proviqe a trial by jury highest and lowest civil and criminal cases. A civil suit in­ in contempt proceed.in~. Our contention is that when an injunction volving the amount of $100 is sometimes of vital importance to is issued in a labor dispute, irreparable injury is done to the parties enjoined and to the cause of labor, which no court can compute and no a man. If he does not like the verdict of a jury and the defi­ bond can indemnify. The remedy lies in rem.anding the courts to their nition of the law by the judge, let him take an appeal. proper functions in law and equity, as defined in the Wilson bill. I would not make this motion in connection with this matter Until some change has been secured in the practices of the courts, either ·through Supreme Court decisions or legislative enactment, we if President Taft were the one to make the selection in the event recommend that every answer to a writ of injunction or a citation for of the absence or incapacity of the circuit judge, because as far contempt shall insist upon our constitutional right of free speech, free as I have observed he exercises splendid judgment in making press, 2eaceable assemblage, and freedom from interference with our personal rights by the equity courts, and the denial of their authority judicial appointments, and is certainly qualified not only by to assume that anyone has a property right in man, his good will, or study and practice, but by presiding for years on the bench of his patronage. the court of appeals to know what kind of a lawyer for charac­ We can not pass from the consideration o:f this question without ter and ability to clothe the proper man with the judicial entering our earnest protest against the injudicial and intemperate language o:f Justice Wright when passing sentence upon Brothers ermine. Gompers, Mitchell, and Morrison. Mr. MANN. .Mr. Chairman, this bill now confers greater The report of the committee was adopted by unani.mous rising vote. power for appeal from the court in Panama than we confer in During l\fr. WILSON'S speech the following colloquy took criminal cases in the United States. It seems to me that we place: have gone a long way already in the appeal in providing for The CHA.IR:MAN. The time of the gentleman from Penn­ appeals to the Supreme Court of the United States. We have sy lrnnia has expired. bad difficulty in working out any sort of proper solution of the Mr. WILSON of Pennsylvania. l\fr. Chairman, I ask the judicial methods .in the Canal Zone, but we have provided for privilege of extending my remarks in the RECORD. an appeal to the Supreme Court of the United States where The CHAIRMAN. Is there objection to the request of the there is a death penalty or life imprisonment inflicted, and that gentleman from Pe1msylvania? [.After a pause.] The Chair appeal is not allowed in our own land. Mr. RICHARDSON. I would ask the gentleman if it is not hears none. .a fact that a man convicted of an offense on the Canal Zone Mr. MANN. Mr. Chairman, I move that all debate on the and sentenced to an imprisonment for ten or more years, but pending amendment be now closed. not for life or death, has no appeal? The motion was agreed to. . Mr. MANN. That is true; he has no appeal. The CHAIRMAN. The question is on the amendment offered Mr. RICHARDSON. And we can give him that right if we by the gentleman from New Jersey. desire? Th'e question was taken; and on a division (demanded by Mr. Mr. MANN. Yes. HUGHES of New Jersey) there were 53 ayes and 65 noes. Mr. RICHARDSON. Why not give it to him? l\fr. HUGHES of New Jersey. I demand tellers. l\fr. MANN. That is true in the United States, whether he Tellers were ordered, and the Chair appointed as tellers Mr. has got a good case or not he can not appeal to the Supreme HUGHES of New Jersey and Mr. MANN. Court of the United States. · The committee again divided; and the tellers reported that Mr. RICHARDSON. The difference is that we have here there were 65 ayes and 79 noes. trained and learned and experienced judges. So the amendment was lost. Mr. MANN. Well, we are supposed to have, and I hope we Mr. RICHARDSON. Mr. Chairman, I offer the following. will have, trained and learned judges in the Canal Zone. We amendment. can not afford to have all the cases tried in the Canal Zone The Clerk read as follows : _ reheard in the Supreme Court of the United States. The Strike out the word "life," after the word "for," _on line 20, page 6, Supreme Court of the United States has some other business to and add the words " a term not exceeding three years." , perform. Mr. GARRETT. A parliamentary inquiry, Mr. Chairman. Mr. RICHARDSON. I will ask my friend from Illinois this The CHAIR::\IAN. The gentleman will state it. question: Does he think that it is a matter of justice and Mr. GARRET'!'. What paragraph are we on? right and fairness to a man not to allow him to ta~e an appeal The CHA.IRMAN. We are on section-5. to a higher court if he is convicted and sentenced to an im­ Mr. RICHARDSON. Mr. Chairman, I desire to say in that prisonment of twenty years? connection that I understand, of course, under the rules pro­ l\1r. MANN. Mr. Chairman, I think the maudlin sentimental­ -viding a government for the Panama Canal Zone a law could ity which concludes that every man who is convicted of crime be made making a misdemeanor a felony or a felony a misde­ ought in some way to be able to keep out of prison is a very bad meanor; but it does seem to me that, considering the number sentiment indeed. of A.mel'ican citizens there-as has been said, not, less than l\Ir. RICHARDSON. That sentiment is all right if the mil- 6,000-that a man who commits an offense under a law made .Ienium were upon us, but it is not here as yet and we do not by tll" President certainly ought to have the ~ight to take an know when we will get it. I am asking the gentleman, as an 1910.· CONGRESSIONAL RECORD-HOUSE. . 345 abstract proposition, as a principle of justice, if a man who is mittee recommendations, but predicated solely and wholly upon sentenced to twenty years' imprisonment ought not to have the the knowledge of that proposition and upon the oath we took privilege that e>ery American citizen convicted in a state court to support the Constitution. has, of the right of appeal and review in an upper court? The CHAIR.MAN. The question is on the amendmen.t offered l\Ir. l\IANN. He has no such right on the Canal Zone now. by the gentleman from Tennessee. The gentleman probably will vote against this bill in the end, The question was taken, and the amendment was rejected. although on the Canal Zone now such a man is entitled neither Mr. GARRETT. Division, .Mr. Chairman. to a trial by jury nor to an appeal, but we give him in this Mr. STERLING. l\Ir. Chairman-- bill a trial by jury, and in strenuous cases of death penalty or 'l'he CHAIRl\!AN. Was ·the gentleman from Tennessee on his life imprisonment an appeal to the Supreme Court of the feet asking for a division when the Chair recognized the gen­ United States. tleman from Illinois? l\fr. RICHARDSON. .And the gentleman will do me the credit Mr. GARRETT. Yes; I was on my feet. to say that I have been opposed to that and other features in The CHAIRMAN. Then the Chair will recognize the gentle- the bill all the time since bills containing such provisions rela­ man from Tennessee to ask for a division. tive to the Canal Zone have come before the Commerce Com­ The committee divided; and there were-ayes 52, noes 62. mittee. So the amendment was rejected. The CHA!Rl\!AN. The question is on agreeing to the amend­ Mr. GARRET'.r. Mr. Chairman, I think I will ask for tellers ment offered by the gentleman from Alabama. on that vote. The question was taken, and the amendment was rejected. The question was taken, and tellers were orflr·red. l\Ir. GARRETT. l\Ir. Chairman, I offer the following amend­ The committee again divided; and the tellers tMr. MANN and ment, which I send to the desk and ask to have read. Mr. GABRETr] reported that there were-ayes 59, noes 76. The Clerk read as follows: So the amendment was rejected. Line 12, page 5, strike out the word " President " and Insert the word Mr. STERLING. Mr. Chairman, I offer the following amend­ "Congress." ment. l\fr. l\lANN. Mr. Chairman, I move that all debate on the The CHAIRMAN. The gentleman from Illinois offers an pending section and all amendments thereto be closed in twenty amendment, which the Clerk will report. minutes. The Clerk read ~s follows : l\Ir. GARRETT. l\Ir. Chairman, before that motion is put, I Strike out, beginning with line 4, down to and including line 24, on would ask the gentleman from Illinois if it is the purpose to page 5, and insert the following in lien thereof : " The judicial power in the Canal Zone shall be vested in a supreme court and two circuit attempt to finish this bill this evening? courts and such inferior courts as the President may constitute. The l\lr. J\1.A.NN. That is the desire, to pass the bill to-night. judges of the circuit courts shall be appointed by the President, by and That is the one reason for making an attempt to shorten debate. with the advice and consent of the Senate, and shall bold office for the term of four years and until a successor is appointed and qualified. l\Ir. GARRETT. I would say that if the bill is to go over, " The supreme court shall consist of one district or circuit judge of I would like to have this amendment go over with it. Of course the United States, to be designated each year by the President, and the if it is the purpose to try to finish the bill to-night, I do not two circuit judges above provided for. Such supreme court shall bold two terms each year in the Canal Zone. It shall have jurisdiction to submit that request. review, revise, reverse, modify, or affirm the final judgments and de­ l\Ir. MANN. The purpose is to try to get through the bill crees of the circuit courts herein provided for in all actions, cases, to-night. We are not only trying to pass this bill, but we are causes, and proceedings now pending therein or hereafter determined thereby, in accordance with the practice now in force in the Canal trying calendar Wednesday to-day. Zone. Mr. UNDERWOOD. Mr. Chairman, I would like to know " No person holding a judicial office shall at the same time have ex­ what disposition is proposed to be made of this time. The gen­ ecutive or legislative power. The record of the existing courts and all cases and proceedings pending therein at the time, except as herein tleman from Kentucky [Mr. THOMAS] has been trying for otherwise provided, shall be transferred to and continued in the new a while to offer an amendment to this section, which he has not courts herein provided for and authorized, at such time and in such had an opportunity yet to do, and he desires five minutes' time manner as may be provided by order of the President." to explain his amendment, and if it be understood that five min­ Mr. STERLING. Mr. Chairman, this amendment is offered utes of the time may go to the gentleman from Kentucky-- as a substitute for the committee amendment. The committee Mr. MANN. I have no objection to the gentleman having five amendment provides for one circuit court judge. It provides minutes. for but one judge in the Canal Zone. It provides for no appeal, The CHAIRMAN. The question is on agreeing to the motion except in cases involving more than $5,000, and appeals in made by the gentleman from Illinois that all debate on this criminal cases where the punishment is death or imprisonment section and amendments thereto be closed in twenty minutes. for life. It simply gives to the litigant in the Canal Zone one The question was taken, and the motion was agreed to. chance-one chance for his property, one chance for his rights, Mr. GARRETT. Mr. Chairman, may I ask if the gentleman's one chance for his liberty. It does not provide adequate court motion took in all of this section? facilities for any class of people in any civilized country, or in The CHA.IRl\IAN. To the section and all amendments any country that is governed by a civilized nation. This thereto. amendment provides for two circuit courts instead of three, as Mr. GARRETT. The flmendment which I have offered, l\Ir. they now exist. It provides for a supreme court. At present Chairman, is to strike out the word " President " in line 12, on the three circuit judges sit together and constitute a supreme page 5, of the bill which I have before me. The sentence reads: court in the Canal Zone, and to that supreme court appeals may The judicial power in the Canal Zone shall be vested in one circuit be taken from the circuit courts. This amendment provides and such inferior courts as the President may constitute. that the supreme court shall consist of the two ·Circuit judges My motion was to strike out the word" President" and insert provided for and a district or circuit judge of the United States, the word " Congress; " so that it would read: to be designated by the President each year, and also provides The judicial power in the Canal Zone shall be vested in one circuit for two terms of the supreme court on the Canal Zone. Now, court and such inferior courts as the Congress may constitute. it eliminates one of the circuit judges and makes no new judge Now, that may be, Mr. Chairman, entirely out of harmony in lieu of the one left out, and it provides at least somewhat with the theory of this bill, but if it be so, why, of course, I adequate facilities for courts in the zone. I submit to the should feel very much humiliated were it not for the fact that members of the committee that the idea that a man shall have the amendment is in entire accord with the words of the Con­ but one chance, one opportunity to try his case, whether civil stitution of the United Stat~s. The Canal Zone is a part of or criminal, is an idea that must be odious to every man that the territory of the United States. If it is not, then this body knows and understands the facilities established in the States has no right to legislate in regard to it. If it is a part of the for the trial of om rights and the trial of our liberties. We territory of the United States, then it ~s subject to the organic certainly ought to be willing to accord to the people of the law of the United States, and the organic law reads: Canal Zone something at least similar to the rights we enjoy The judicial power of the United States shall be vested in one Su­ at home. I trust that this substitute for the committee amend­ preme Court and in such inferior courts as the Congress may from ment will be adopted. time to time ordain or establish. l\lr. HUBBARD of West Virginia. Mr. Chairman, it ls mani­ The legal proposition that is involved in this amendment fest that everyone here would be glad if this canal had been must be clear to every lawyer here. Of course I understand completed, if conditions in the zone were settled and known, very well that by sheer force of numbers a legal proposition so that Congress might legislate intelligently, legislate specific­ can be defeated in a legislative enactment. I understand Yery ally, and legislate in all respects for the government of the wall that by sheer force of numbers a majority can pass an act zone. The trouble now is that conditions are shifting nnd un­ that violates the Constitution of the United States, but the ques­ determined and it is impossible to legislate in detail for all tion of whether they ought to do it certainly ought to appeal these things. For that reason the general purpose of this bill is to Members, independent of partisanship, independent of com- right in vesting power in the President. I feel assured that the 346 CONGRESSIONAL RECORD-HOUSE.. JANUARY ·5,

--committee which reported this bill would .gladly meet ±he ·desire -Cases, pending Jast of :year------· ___ .10 ..and Civil ------2 for specific legisla ti.on as .fast as far as conditions may p-er­ Criminal------8 mit. So wherever the facts have become .known and conditions Probate cases penulng !first -of year______5 .:have become established., o that ·Congress can act intelligently, Probate ·case£ filed during 'Year______16 P.rol}ate cases settled -during year______7 can legislate wisely, specific provisions in Tespect to sueh :mat­ Probate cases ending last of year______14 ters nave _been put on this bill by :the committee. That is true 'Number of -sessions of co.urt______88 with respect to the courts on the '.ZOne. Now there a.re three Number of marriage licen es issued______I50 judges there; a chief justice .at $6,nOO; two circuit judges at Number of deeds recorded______21 $6,000 each. There is not as .much .litigation npen the •Canal COSTS COLLECTED. .Civil costs ______$108. 80 "in fill Zone as there is .average ·prosperous .agricultural county ·Criminal costs------31. 5 anywhere in the States. These three judges form the supreme F'ines ------­ 597.00 court, and the cases that go to 1he supreme court do .not 'a\€rage Forfeitures ------400.00 300.00 a dozen in number 1each year. 7. 90 The right of appeal now under -the reguJations in force there ~;~·;~/i::~~===--======::::::=:=-:=:::====----:::'l'\otnt>ial .fees ______:!?3. 00 is practically unlimited a 'far RS I can learn. In any case Mis.cellan~ous ------45. 85 decided in the circuit court there may be an appeal to the Total ------1, 514. 40 Supreme Court. Yet in last yefil· .only nine case were decided ·Of too pendin"' crimina.l cases, 1 was filed during November, but by that court. It is manifest that it is making a moun:ta.in out t he defendant abscondea and bail was .forfeited J anuary 4. Tbe 7 of a mole hill to talk about the amount of business in whicll an other case were all filed during December. WALTITR E.\IEBY, appeal ought to lie There are two of these three circuit comts, Circuit Court Olerlc. each of which does not usually try 100 ca es in a year, ciT"il nnd criminal. A gentleman here the -other day said that there was CrncuIT CounT, SECO~D JUDICIAL CmcuIT OF THE CANAL Zo::-.TE . a letter showing thn.t in one :month the court that sits at Ancon JUDGE GUDG'ER. decided 38 cases. The official report of the commission shITT\s (For months of J:llluary to December, 1908.) that in the whole year that court only decided .99 'CUses, or an · uses pendlng fu·st of year______42 average of about 8 ca es monthlty. Civil ------29 Criminal ------13 The same is true approximately of ihe third circuit court. Cuses filed dul'ing year______. ------333 The expenses of trying these ca· es, so rar as the ·salaries of the ."Vil ------100 judges are concerned, ha.s been in some :years about 100 for Cas. Criminals settled during------year ______233 327 every case that was tried. Civil ------·- --- 6 'Mr. -STEVENS of Minn ota. Has the geutleman Jjlaced ill Decided------67 the RECORD a :Statement of the number of eases that were .filed !.lsmis ed ------.rn Criminal------241 last year in the supreme .court.? .Acquitted------n:S Mr. HUBBA.RD of West Virginia. ·There were 9 that were onvicted ------136 Dismissed------24 tried. Nolle pro ed______23 Mr. STEVENS cof 1\finnesota.. Dnly 11 "Were fil.ed, all told. Habeas COIJJUS ------1 \\'ithdT::rwn ------1 Mr. HU.BBARD of weseVirginia. V".eey true, and only 9 Change venue______1 of them were heard. Now, it was well £aid the other day that Cases pending last of year______G8 the committee reporting this bill ought to bring in here Borne Civil ------43 information as to the runount of .business done 'before the:v ask ·Criminal ------25 ·Cases i:ried outing mont1L------0 that an amendment of this sort be adopted. That suggesti<>n Ci'Vil ------0 was very wise :and proper, .:md iJle committee has done that Crtminal ------·0 -very thing. 1 desire to :print with my remarks a tabulated COSTS COLLECTED. statement for the year 1908, kindly furnished ·by the .chlef Civil costs----·------990. ~6 justice, w'.ho appeared before our committee when we were Criminal cost ------21.'I. 3'5 Criminal .fines------997. 00 -upon the "ZOD.e, " yhicn statement -shows ihe exact amount of Fo.rfeii:ul'es ___ ------l, 250. 00 'business in the courts, and sup_ports the -statements I .h:rv-e ~Ilsccllaneous ~ees------24.90 made here in a general way. Escheat------192.95 :Ma-rriage liceru;es (945)------1, 890. 00 The chief justice of the court was before llS, and 1n answer Notari.al .fees ------8G. 40 to a question put by the gentleman from Alabama fl\'1r.. RICH­ Instruments recorded (.143) _____:______71. 65 ARDSON], said; Total------5, 7.14. 71 I am thoroughly s:a.tifilied that the ·business in the zone will -not in­ .E:xl'.LXNATION . .crease, and that, o fax as the trial of cases is concerned, one judge Cases, criminal and civil, pending ;January J., 1909______6B ·can attend to all the business. During December, 190 , new cl:vll .cases filed and mot at issue_ .23 It is not merely a waBte -of .money, but it is .a waste of men Du ·ing December, 190 , new criminal cases filed and not · :ft issue ------22 to go -on .as we ,are now doino-. It is wasting a g<>od lawyer to End of :yem·, :Probate .cases, tJme o'f ettlement not ouL____ 9 ·send him down there and· practically compel him to loaf part Civil cases med in December. 90 ; jud&ment Jun.nary, .1.90!L 2 of his time. It is wo.rse still than that. It is, to sa-y the least, Criminal cases where ·parties .ilb confied______2 ·Criminal eases where defendant - in penltentiary on other a demoralizing spectacle to those other men--from the leader chru:ges ------.2 in this great enterprise, so eloquently and justly spoken of by Cases to settle l::tnd title under .arbitration award, no issue__ 2 the gen.tleman frem Miehigan {Mr. GARDNER.], down to the Cases disposed of, except 1inal order under ces ion______3 humblest American citizen on the zone, who ure ull straining G5 eTery nerve t<> complete this great work-to see men who, while Making an actna1 balance of cases. civil and criminal, on doing n1l that is as igned them, :ire still doing far less tha.n a :hand and at issne and not tried durin"' the year____ 3 man's work, n.nd yet a.re receiving -compensation w11.ich i lib­ EJ. M. GOOLSBY, Clerk. eral and to many seem large. I append the illbula:ted -sta.te­ :men t furnished by the chief justice: CIBCUIT COURT, THIRD JUDICIAL CIRCUIT OF THE CA~AL ZOXE. J'UDGE COLLINS. Report. ('For 1'.llonths of January to December, 190 .) Cmcr;rT <;oi:;nT_, Frns--r °JUDICIAL CrnCUIT Oii' THE CANAL Zmrn. ;JUDGE DURA..~ . Cases'CriminalcJiin~first~:- ______'Y~ ======-======--is___:______6 19 (For .months of January to December, 1908.) 6 Cases pending first of yeaX------·------98 Ci'Vil ------1 Case·8~~~n~~~~;;:::~======~======--~g Crhninal ______G Cases settled during year------·------8!) Cases tiled during year ______: ______·88 Civil ------" 19 Civil ------7 Criminal ------81 ·Cases settled during ·year______-84 rn Civil ------fl ·crJJ~i;~e~--~=~===Aequitted ------.======--======:==------1-~9 Decided ------3 NolleConvicted prossed ______: ______------::______124J Dismis -cd ------3 Criminal------78 Ap.penlcd ___ __:-______:_L:____ . ___ _:____ 2 Acquitted ------,.------n ,cases pending last of year ______: 28 Di missed ------3 ·Civil ------:_ 20 Convicted ------43 'Criminal------marriage Uce:nses issued ______8 _ Habea corpus ------1 Tumber of 2"87 Nolle prossed ------22 .Number of deeds ,recorded------"18 1

1910. CONGRESSIONAL RECORD-HOUSE. 347

COSTS COLLECTED. writing published not in the presence of such court or judge in the Civil costs ------$204.54 court-house during the sitting of court, but nothing herein shall be con­ Criminal costs ------78.75 strued to prevent any court or judge thereof from proceeding by indict­ 269.00 ment against any person writing or publishing a libel or slanderous ForfeituresFines------­ ------75. 00 words of and concerning such court or judge in relation to his judicial 1\!arria~e licenses ______------574.00 conduct in court. . Recording fees------21.96 "That if upon a trial by jury under this. act the accused be found 1\liscellaneous------:------296.80 guilty he shall be fined in any sum not exceeding $500 or imprisonment ---- any len&:~h of time not exceeding six months, in tbe discretion of the Total------~------1,520.05 court. u a jury be not demanded by the accused he may be fined by NELSON R. JOHNSON, the court in any sum not exceeding $500 or imprisoned any length of Circuit Court OZerk. time not exceeding six months, in the discretion of the court." [Mr. THOMAS of Kentucky addressed the committee. See SUPREME COUBT OF THE CANAL Zmrn. Appendix.] (For months of January to December, 1908.) Cases pending first of year------5 The CHAIR~AN . The question is on, agreeing to the amend­ CriminalCivil------__ _:______23 ment offered by the gentleman from Kentucky. The question was taken, and the Chair announced that the 12 amendment was lost. • CaseCi~~~-~~~~?~~======---6Criminal------~-- 6 Mr. THO~IAS of Kentucky. Mr. Chairman, I demand tellers. 8 15 Tellers were ordered, and the Chair appointed as tellers Mr. caseciS:J:i~~-~~~~-g_?~~======---Criminal------7 THOMAS of Kentucky and Mr. MANN. Cases pending last of year------,------2 The committee divided; and the tellers announced that there Civil------1 were 55 ayes and 70 noes. Criminal ------1 So the amendment was lost. NOTE.-Two more cases filed, but not docketed, because costs were not pn.id until after January 1. The CHAIRMAN. The que tion now is on the committee COSTS COLLECTED. amendments, and if there is no objection, a \Ote will be ta.ken Civil costs------$96.00 on the amendments in gross. There was no objection. Total------96.00 '!'he question was taken, and the committee amendments were WALTER ElIERY, agreed to. Olerk of Supreme Court. The Clerk read section 8, as follows: RECAPITULATIO:N'. SEC. 8. The President ·shall provide a method for the determination and adjustment of all claims for personal injuries to employees there­ Recapitulation of business done in the first, second, ana third judicial after occurring while directly engaged in actual work in connection cirnuits and the sup1·eme court during the calendar year 1908. with the construction, maintenance, operation, or sanitation· of the Cases pending first of year______72 canal or of tbe Panama Railroad, or of any auxiliary canals, locks, or Cases filed during year------551 other works necessary and convenient for the construction, maintenance, Cases settled during yeru·------5Hi operation, or sanitation of the canal, and may revise and modify such Cases pending last of year______108 method at any time · and such claims to the extent they shall be al­ lowed on such adjustment, if allowed at all, shall be paid out of the TOTAL COLLECTIONS. moneys hereafter appropriated for that purpose, or out of the moneys Civil costs ------$1,399.80 appropriated for canal construction, maintenance, or sanitation, or out Criminal costs ------321.95 of the funds of the Panama Railroad Company, as the case may re­ 1,863. 00 Fines------Forfeitures ______:______quire. And after such method shall be provided by the President, the 1,725.00 provisions of the act entitled "An act granting to certain employees of M:arriage licenses------­ 2,764. 00 the , UBited States the right to receive from it compensation for in­ Recording fees~------­ 101. 51 juries sustained in the course of their employment," approved May 30, Miscellaneous fees------669.90 1908, and of the act entitled "An act relating to injured employees on the Isthmian Canal," approved February 24, 1909, shall not apply to Grand total------8,845.16 personal injuries thereafter received and claims for whiCh are subject to determination and adjustment as provided in this section. Marriage licenses issued during year______1, 382 Documents recorded dul'ing year______242 With the following committee amendments: Regarding cases pending last of year, see note on separate report of In line 16, page 7, strike out the word "for" and insert the words the second circuit. " arising out of." In line 22, after the word " canal," insert the words " whether such Oit:il cases disposed of in 1908 in1iOl1iitlg judgments in the second judicial circuit. injuries result in death or not." 38 cases ; total amount of judgments______$14, 59S. 79 .Mr. PERKINS. .Mr. Chairman, I move to strike out the last Estate of Yet King______2,260.37 word. - I desire some information from the gentleman in charge of the bill upon what strikes me, with great respect for the Total------. 16,859. 16 gentleman and his committee, as rather broad and extraor­ NO'l'E.-The other of the 86 civil cases disposed of during the year in the second judicial circuit were where the defendant got judgment for dinary legislation. costs or where the action was for a cause other than a money demand. By this provision, as I understand, the laws now in force by Capital cases for 1908. which the liability of the Government to employees on the canal FiT t circuit, 2 cases; jury engaged two days. is regulated are to be repealed. In place of that the first pro­ Second circuit, 4 cases ; jury engaged six days. vision of the section provides that the President of the United Third circuit, 1 case ; jury engaged two days. Total, 7 cases; juries engaged ten days. States shall provide a method for the determination and ad­ NOTE.-Second circuit court: 1 case tried before jury system was in­ justment of all claims. augurated; 1 case pending, set for trial January 30, 1909; 1 case nolle Now, as I understand, the result of that would be that the prossed since January 1, 1909. President would have to provide in such manner as he saw fit The CHA.IRMA..."N". The time of the gentleman has expired. for the Yarious questions in reference to liability of employer The question is on agreeing to the amendment offered by the and employee-questions in reference to contributory neglige::ice, gentleman from Illinois. the limit of amount that might be recovered in case of death­ The question being ta.ken, the amendment was rejected. because in absence of any legislation the Pre ident might leave l\fr. THOMAS of Kentucky. 1\fr. Chairman, I offer the that amount indefinite or might fix it at $50,000 or $100,000 or amendment which I send to the Clerk's desk. any other sum. The law of employer and emploY.ee, the law of The CHAIRMAN. Tlle gentleman from Kentucky offers an negligence, as the gentleman in charge of the bill well knows, amend.ment, which the Clerk will report. is as complicated a branch of the law as there is. Under this The Clerk read as follows : provision the laws in force are entirely swept away, and the Insert at the end of section 5 : President of the United States, who has no time for such a duty, " That said court or judge shall not, for contempt committed in the is to frame a code governing ca es of negligence as between em­ presence of the court, impose upon the offender a fine exceeding $50, or imprison him exceeding five days without the intervention of a jury if ployees and the Government itself. demanded by the accused, but such trial shall be by the court, or upon Perhaps I misapprehend the object of this provision, but it application of the accused a trial by jury shall be had as in any crimi­ does seem to me that when we have a system of laws which nal case. regulates the responsibility of the Government to the ern11loyed­ " That said court or judge sh~ll not for contempt committed not in the presence of the court impose upon the offender any fine or imprison­ to sweep that all away and leave it for the President of the ment without the intervention of a jury if demanded by the accused United States to say whether contributory negligence shall be but such trial shall be by the court, or upon application of the accused a trial by jury shall be had as in any criminal case, and in all trials by considered and to what extent it shall be considered, leaving jury arising under this act the truth of the matter may· be given ln it to the President to say whether in case of death by accident evidence. a limit shall be fixed for the amount to be recovered, to leave " That said court or judge shall not proceed by process of contempt or impose a fine against or Imprison any person who shall by words or it to him to say within what time the action must be brought, writing o.nlmadvert upon, comment on or criticise or examine into the to leave it to him to say what shall constitute the statute of proceedings or conduct of such court or judge by words spoken or limitation is a very extraordinary power. I do not understand 348 CONGRESSIONAL RECORD-HOUSE. JANU.ABY 5, the object of gentlemen in repealing the statute law that exists The CHAIRMAN. The question is on the motion of the gen­ and leaving the questions as to the responsibility of the Govern­ tleman from Illinois, that all debate on the pending section and ment to the employee to be fixed in all their details by the all amendments thereto be now closed. ' President of the United States. The question was taken, and the motion was agreed to. .Mr. l\.lANN. Mr. Oh.airman, we are engaged in constructing The CHAIRMAN. The question is on the committee amend­ a canal. We are not doing it by contract. The Government is ments to the section. Unless there be objection, they will be doing it directly by labor employed by the Government. If we considered in gross. [After a pause.] The Ohair hears no ob­ had constructed the canal by contract, an employee injured jection. would have a claim for damages against the contractor under The question was taken, and the committee amendments were the law as it exists to-day, depending as to the validity of his agreed to. claim upon the existing law; but if an employee of the Govern­ The Clerk read as follows: ment on the canal is blown into a thousand pieces by the ex­ SEC. 9. This act shall be known and referred to as the Panama plosion of dynamite, neithe1· his family nor anyone has any Canal act. claim against the Government; if both of his legs a.re blown 1\fr. RICHARDSON. Mr. Chairman, I desire to make a par­ off, he has no claim against the Governme:it except through an liamentary inquiry. act of Congress. We have appropriated in one instance, with­ The OHAIRJ\IAN. The gentleman will state it. out anybody in the House knowing anything about it, $10,000 Mr. RICHARDSON. I desire to make a motion to recommit to compensate some man injured upon the canal-- this bill to the Committee on Interstate and Foreign Commerce, Mr. PERKINS. Will the gentleman yield for a question? and I want to know whether that motie>n is in order now; and llr. l\IANN. In a matter that never was considered by the if not, when it will be in order. Committee on Claims. I yield. The CHAIRMAN. The gentleman can mo1e that the com­ .Mr. PERKINS. I see that by the gentleman's bill he re­ mittee rise and report this bill to the House with the recom­ peals an act entitled "An act Telating to injured employees on mendation that it be recommitted to the Committee on Inter­ the Isthmian Canal." Why is that act repealed? state and Foreign Commerce. He can not mo1e to recom­ l\fr. MANN. If the gentleman will permit me, I will come to mit-- that in a moment. Mr. RICHARDSON. Can the motion be made, then-I am · asking for information-that when the committee rises instruc­ Mr. PERKINS. Surely. tions be given that this bill pe recommitted to the Committee Mr. MANN. Now, in constructing this canal, it has seemed on Interstate and Foreign Commerce? Is that proper and in to your committee that the great Government of the United order? States, taking its citizens down to Panama, involving them in Mr. MANN. That is in order in the House. a hazardous undertaking for the benent of the country at large--! may say of the wol'ld at large-can well afford in cnse Mr. RIOHARDSO:N. I mean here now. '.rhe CHAIRMA.i.~. A motion to recommit is in order in the of injury to an employee to provide a method of compensation House. It is in order in Committee of the Whole House to for that injury. The law to which the gentleman from New move that when the committee rises it recommends to the House York refers is the liability a.ct which was passed a year or a recommitment of the bill. two ago, which we amended as to the Canal Zone last year, Mr. RICHARDSON. Then I would desire to propound still and which provides that in case o:f an injury to a government another question for information. employee in certain classes, including the Panama Canal, it The CHAIRMAN. The gentleman will state it. the employee is injured so that he is kept from his work more l\1r. RICHARDSON. Will that exclude a motion when we go than fifteen days, he may receive his ordinary salary of com­ into the House to move to recommit ·the bill to the Committee pensation for a period not exceeding one year-a wholly inade­ on Interstate and Foreign. Commerce? quate provision. The CHAIRMAN. It will not. It does not work satisfactorily. That law is administered Mr. RICHARDSON. I make the motion that the committee in Washington, not in Panama, and if a man is injured in rise and report this bill to the House with the recommendation Panama so that he is kept out of his work for twenty days a that it be recommitted to the Committee on Interstate and For- claim must be sent to Washington, where it is passed upon and eign Commerce. , determined in the Department of Commerce and Labor, where it Mr. 1\1.ANN. Mr. Chairman, I move that the committee do goes through one of the bureaus. It never ought to have been now rise and report the bill back to the House with the recom­ in the law, but that is a mere immaterial matter, because it mendation that the amendments be agreed to and the bill as amounts to nothing. This law only repeals that to the extent amended do pass. that it shall not still continue as a claim which may be brought The CHAIRMAN. But the motion of the gentleman from under this law, because· the relief provided for _by the pending Alabama has precedence over the motion to rise and report the bill is greater than the relief provided for by existing law. bill favorably, and the Ohair must put the question upon the Mr. PERKINS. Will the gentleman yield for another ques­ motion of the gentleman from Alabama. The question is upon tion? the motion made by the gentleman from Alabama that the com­ 1\Ir. MANN. Certainly. mittee rise and report this bill to the House with the recom­ Mr. PERKINS. I agree with the gentleman that there should mendation that it be recommitted to the Committee on Inter- be some proper compensation for employees who are injured state and Foreign Commerce. · on the canal, but the bill certainly does not insure them any The question was taken, and the Ohair announced the noes relief. Instead of making any provision that they shall be seemed to have it. entitled t<> the same relief as other employees injured in other Mr. RICHARDSON. Division, Mr. Chairman. cases, this law takes that away and says that the President The committee divided; and there were-ayes 64, noes 77. shall pr<>vide a method for the determining of claims in per­ Mr. RICHARDSON. Tellers. l\1r. Chairman. sonal-injury cases. The President has a perfect right and power Tellers were ordered. to say that, in his judgment, the employees of the Government The committee again divided; and the tellers (Mr. MANN injured assume the risk of the employment they entered, and and Mr. RICHARDSON) reported that the ayes were 66 and the he will administer there as anywhere else the common law and noes were 86. they shall not have anything. So the motion was rejected. Mr. MANN. That is the existing law now upon the statute Mr. MANN. Mr. Chairman, I now renew my motion. books. The CHAIRMAN. The gentleman from Illinois moves that Mr. PERKINS. If the gentleman thinks that is wrong, why the committee do now rise and report this bill to the House with does he not in this law provide that they shall have certain the recommendation that the amendments be agreed to and rights, instead of leaving it for the President of_ the United that the bill as amended do pass. States to establish the code of law in reference to the liabilities The question was taken, and the motion was agreed to. of the government employees? Accordingly the committee rose; and the Speaker having re­ sumed the chair, Mr. CURRIER, Chairman of the Committee of 1\fr. 1\fANN. Oh, when you take one step forward some one the Whole House on the state of the Union, reported that that always asks why you do not take a dozen. committee had had under consideration the bill H. R. 12316, and Mr. PERKINS. But I do not see any step forward. had directed him to report the same back to the Hou. e with The CHAJR:\IAN. The time of the gentleman has expired. sundry amendments, with the recommendation that the amend­ Without objection, the pro forma amendment offered by the ments be agreed to, and that the bill as amended do pass. gentleman from New York will be withdrawn. Mr. MANN. Mr. Speaker, I move the previous question on Mr. MANN. l\Ir. Chairman, I move that a:ll debate on this the bill and amendments to a final passage or rejection. section and all amendments thereto be now closed. The motion. was agreed to. 1910. CONGRESSIONAL RECORD-HOUSE. 349

The SPEAKER. Is a separate vote demanded on any amend­ Scott Steenerson . T ownsend Wood, N. J. ment? If not, the \Ote will be taken upon the amendments in Sharp Ste1•1ing Volstead Woods, Iowa gross. Sheffield Stevens, Minn. Wan<>er Young, Mich. Smith, Iowa Sturgiss Washburn Young, N. Y. No separate \Ote was demanded, and the amendments were Southwick Sulloway Wiley Stafford agreed to in gros~. Tilson Wilson, Ill. The SPEAKER. The question is on the engrossment and ANSWERED "PRESENT "- 6. Ames Goulden Kahn McDermott third reuding of the bill. Currier Hayes The bill was ordered to be engrossed and read the third time. Tlle SPEAKER. The question is on the passage of the bill. NOT VOTING-151. Aiken Driscoll, D. A . Howland Pujo Mr. H.ICHARDSON. Mr. Speaker, I wish to make a motion Andrus Driscoll, M. E. Hughes, Ga. Rainey to recommit the bill to the Committee on Interstate and Foreign Ansberry Durey Hun, Iowa Randell, Tex. Comm~rce, und upon that I ask-- Ashbrook Edwards, Ky. Humphrey, Wash. Rauch Barchfeld Ellerbe Humphreys, Miss. Reynolds The SPElAKER. The gentleman from Alabama moves to r e­ Barclay Ellis James flhinock commit. Does the gentleman oppose the bill? Barnard Elvins Johnson, Ky. Robinson Mr. IlICHATIDSON. Yes. Bartboldt Estopinal Johnson, S. C. Rodenberg Bell, Ga. Fairchild Keliher Saunders The SPEAKER. To recommit the bill t o the Committee on Bennett, Ky. Finley Kinkead, N . J. Shackleford I nterstate and Foreign Commerce. Bingham Fitzgerald Knapp Sherley Boehne Flood, Va. Kopp Simmons The question was taken, and the Chair announced t he noes Bou tell Focht Langley Slemp seemed to h:n·e it. Bradley Foelker Linngston Small l\Ir. RICHAilDSON. Yeas and nays, Mr. Speaker. Brantley Fordney Lloyd Smith, Cal. Broussard Fornes Longworth Smith, Mich. The yeas and nays were ordered. Burleigh Foss .Loud Snapp Mr. MANN. 1\lr. Speaker, I make the point of order that Byrd Foster, Vt. Lovering Sparkman there is not a quorum present. Calder bead Fowler Lowden Soerry Candler Fuller Lundin Spight 'The SPEAKER. The Chair will count. [After counting.] Cantdll Gardner, Mass. Mcl'redie Stanley One hundred and fifty-four :Members are present; not a quorum. Capron Garner, Pa. McHenry Swasey Mr. 1\4\.CON. Mr. Speaker, a parliamentary inquiry. Carlin Gill, Md. McKinley, Ill. ~falbott Carter Gill, Mo. McMorrun Tawney The SPEAKER. The gentleman will state it. Cary Gillett Malby Taylor, Ala. Mr. l\IACON. The point of no quorum having been sug­ Clark, Fla. Goebel Martin, S. Dak. Taylor, Ohio gested, a count having been made by the Chair, and it having Clayton Gregg Maynard Tener Cole Griest Moore. Tex. Thistlewood de\eloped that there was not a quorum present, would it be Coudrey Griggs Mudd Themas, Ohio in order now to move that the doors be closed and the Ser­ Cox, Ind. Gronna Norris Tirrell Cox, Ohio Guernsey Olcott Vreeland gean t-at-.Arms directed to bring in absent Members in order Cravens Hamill Patterson Wallaee that the business of the House may proceed? Crumpacker Hanna Peters TI' ebb The SPEAKER. If there be no objection, the Chair will Davis He:lin Pickett Weeks Dawson Helm Plumley Weisse order the doors closed and the roll called. The Chair hears no Dickson, Miss. Henry, Conn. Pou "·heeler objection. The question is on the motion to recommit the bill. Dixon, Ind. Robson Pratt Woodyard As many as favor the motion to recommit wilJ, as their names Douglas Ilo:well, N. J . Prince are called, answer " yea; " as many as are opposed will an­ So the motion to recommit was rejected. swer "nay; " those present and not \Oting will answer " pres­ The Clerk announced the folJowing pairs : ent; " the Sergeant-at-Arms will notify absent Members, and For the remainder of this session : the Clerk will call the roll : l\Ir. CuBBIER with Mr. FINLEY. The question wa taken, and there were-yeas 104, nays 126, l\Ir. BR~ with Mr. GOULDEN. answered " present " 6, not voting 151, as follows : · Until ftirther notice : Mr. LoNGWORTH with Mr. LrvINGSTON. YEAS-104. l\Ir. LANGLEY with Mr. KELIHEB. Adair Foster, UL Johnson, Ohio Palmer, A. M. .Alexander, Mo. Foulkrod Jones Ransdell, La. l\Ir. KOPP with Mr. JOHNSON of Kentucky. Anderson Gallagher Keifer Reid 1\lr. HUMPHREY of Washington with Mr. JAMES. Rartlett. Ga. Ga!·dner, Mich. Kitchin Richardson l\Ir. HULL of Iowa with Mr. HUMPHREYS of Mississippi. Bartlett, Nev. Garner, Tex. Korbly Riordan Beall, Tex. Garrett Lafean Ilothermel l\Ir. HowLAND with l\Ir. KINKEAD of New Jersey. Boch er Gilmore Lamb llucke1·, Colo. l\Ir. HowELL of New Jersey with Mr. HUGHES of Georgia. Borland Godwin Langham Rucker, Mo. Mr. HANNA with Mr. HEFLIN. Bowers Goldfogle Latta Saba th Bnq;css Gordon Lee Sheppard Mr. GREIST with Mr. GRIGGS. Burle on Graham, Ill. Lever Sherwood Mr. GOEBEL with l\fr. GREGG. Burnett Graham, Pa. Lindsay Sims Byrns Hamlin McCall Sisson l\Ir. GILLETT with l\fr. GILL of .Missouri. lark, Mo. Hammond Macon Slayden l\Ir. FuLLER with Mr. GILL of Maryland. Cline Ilardwick Maguire, Nebr. Smith, Tex. Mr. FosTEB of Vermont with l\Ir. FLoon of Virginia. Collier Hardy Martin, Co~o. Stephens, Tex. l\lr. Foss with l\Ir. F1TZGERALD. Conry Harrison Mays Sulzer Covington Hay Moon, Tenn. Taylor, Colo. 1\Ir. FOCHT with Mr. ESTOPINAL. Craig Henry, Tex. Moore, Pa. Thomas, Ky. l\lr. FAIRCHILD with Mr. ELLERBE. Cullop Hitchcock Morrison Thomas. N. C. Dent Hollingsworth Moss Tou Velle 1\lr. ELLIS with l\lr. DANIEL A. DRISCOLL. Denver Houston Nicholls Underwood l\Ir. Enw ARDS of Kentucky with Mr. DrxoN of Indiana. Dies Howard O'Connell Watkins 1\Ir. DUREY with Mr. DICKSON of Mississippi. Edwards, Ga. Hughes, N. J . Oldfield Wickliffe Ferris Hull, Tenn. Padgett Willett Mr. MICHA.EL E. DmscoLL with l\Ir. Cox of Ohio. Floyd, Ark. J"amieson Page Wilson, Pa. Mr. DOUGLAS with l\fr. Cox of Indiana. NAYS-126. l\Ir. DAWSON with Mr. CLARK of Florida. .Adamson Diekema Hubbard, W. Va. Miller, Minn. l\Ir. DA VIS with l\fr. CARLIN. Alexander, N. Y. Dodds Huff Millington l\Ir. COUDREY with l\Ir. CANDLER. Allen Dr-aper Hughes, W. Va. .Mondell l\Ir. CRUMPACKER with Mr. CANTRILL. Anthony Dwight J"oyce Moon, Pa. Austin Englebright Kendall Morehead l\lr. COLE with Mr. BYRD. Dam hart Esch Kennedy, Iowa Morgan, Mo. l\Ir. CAPRON with l\Ir. BROUSSARD. Ilates Fassett Kennedy, Ohio Morgan, Okla. Bennet, N. Y. li'ish Kinkaid, Nebr. Morse l\Ir. CALDERHE.AD with Mr. BOEHNE. Rrnwnlow Gaines Know land Moxley l\fr. BURLEIGH with Mr. BELL of Georgia. Burke, Pa. Gardner, N . J. Kronmiller Murdock l\Ir. BARCLAY with l\Ir. ASHBlWOK. Burke, S. Dak. Gillespie Kiistermann Murphy Butler Glass Law Needham Mr. BABCHFELD with Mr. ANSBERRY. Calder Good Lawrence Nelson l\Ir. KAHN with l\fr. CARTER. CampbP.Jl Graff Lenroot Nye l\Ir. LUNDIN with l\fr. MCDERMOTT. Cassidy Grant Lin

Mr. SIMMONS with Mr. JOHNSON of South Carolin~ ANSWERED "PRESENT "-5. l\fr. TAYLOR of Ohio with Mr. SHERLEY. Ames Goulden Kahn McDe1·mott Mr. SWASEY with l\fr. SHACKLEFORD. Currier Mr. McKINLEY of Illinois with Mr. PATTERSON. NOT VOTING-160. Aiken Douglas Hu,:?hes, Ga. Prince Mr. MCCREDIE with Mr. MOORE of Texas. Andrus Driscoll, D. A. Hull, Iowa Pujo Mr. LOWDEN with Mr. McHENRY. Ansberry Driscoll, M. E. Humphrey, Wash. Rainey Mr. GUERNSEY with Mr. LLOYD. Ashbl'Ook Darey Humphreys, Miss. Randell, TeL Barchfeld Edwards, Ky. James Rauch Mr. TENER with Mr. SPARKMAN. Barclay Ellerbe Johnson, Ky. Reynolds Mr. THISTLEWOOD with Mr. SPIGHT, Bartholdt Ellis Johnson, S. C. Rhinock Mr. VREELAND with Mr. TAYLOR of Alabama·. Bartlett, Ga. Elvins Keliher Robinson Bates Estopinal Kinkead, N. J. Rodenberg Mr. THOMAS of Ohio with Mr. STANLEY, Bell, Ga. Fairchild Knapp Russell Mr. WOODYARD with Mr. w ALLACE. Bennett, Ky. Finley Kopp Saunders Mr. WEEKS with Mr. HAMILL. Bingham •Fitzgerald Langley Shackleford Boehne Flood, Va. Latta Sherley Mr. WHEELER with Mr. WEISSE. Bou tell Focht Livingston Simmons Mr. OLCOTT with Mr. PETERS. Bradley Foelker Lloyd Slayden l\fr. PRATT with Mr. PuJO. Brantley ·Ford.Dey Longworth Slemp Broussard Fornes Loud Small Mr. PRINCE with Mr. RAINEY. Burleigh Foss Lovering Smith, Cal. Mr. REYNOLDS with Mr. RANDELL of Texas. Butler Foster, Vt. Lowden Smith, Mich. Byrd Fowler Lundin Snapp Mr. RODENBERG with Mr. RAUCH. Calder Fuller McCall Sparkman J.\1r. SMITH of California with Mr. RHINOCK. Caldet·head Gardner, Mass. Mcc redie Sperry Mr. SMITH of Michigan with Mr. ROBINSON. Candler Garner, Pa. McHenry Spight Cantrill Gill, Md. McKinley, Ill. Stanley Mr. PLUMLEY with 1\Ir. TALBOTT. Capron Gill, Mo. McMorran Swasey Mr. SPERRY with Mr. SAUNDERS. Carlin Gillett Mal by Talbott l\ir. TAWNEY with Mr. BRANTLEY. Carter Goebel Martin, S. Dak. Tawney Cary Gregg Maynard Taylor, Ala. The SPEAKER. On this question the yeas are 104, the nays Clark, Fla. Griest Miller. Minn. Taylor, Ohio .are 126, present 6. A quorum is present. The noes have it. Clayton Griggs Mondell Tener. The Doorkeeper will cause the doors to be opened. The ques· Cole Gronna Moot·e, Tex. 'l'histlewood Coudrey Guernsey Mudd Thomas, Ohio tion is on the passage of the bill. Cox. Ind. Hamill Norris Tirrell Mr. RICHARDSON. Mr. Speaker, the yeas and nays on that. Cox. Ohio Hanna Olcott Vreeland Cravens Hefiln Patterson Wallace The question being taken on ordering the yeas and nays, the Crumpacker Helm Petet·s Webb Speaker announced 44 Members, not a sufficient number second­ Davis Henry, Conn. Pickett Weeks ing the demand. Dawson Hobson . Plumley Weisse Dick on. l\Iiss. Howell, N. J. Pou Wheeler Mr. RICHARDSON. The other side, 1\Ir. Speaker. Dixon, Ind. Howland Pratt '\Voodyard The other side was taken. So the bill was passed. The SPEAKER. Forty-four l\Iembers have demanded the The following· additional pairs were announced: yeas and nays and 134 are opposed. A sufficient number, and For the session : the yeas and nays are ordered. Mr. BUTLER with l\Ir. BARTLETT of Georgia. The question was taken ; and there were-yeas 120, nays 102, Until further notice: answered" present" 5, not voting 160, as follows: Mr. l\Icl\loRRAN with Mr. LATTA. YElAS-120. Mr. BATES with 1\Ir. RUSSELL. Adamson Fish Lawrence Paraons Mr. MONDELL with Mr. SLAYDEN. Alexander, N. Y. Gaines Lenroot Payne The result of the vote was then announced as above recorded. Allen Gardner, N. J. Lindbergh Pearre On motion of Mr. MANN, a motion to reconsider the vote Anthony Gillespie Loudenslager Perkins Austin Glass McCreary Poindexter whereby the bill was passed was laid on the table. Barnard Good McGuire, Okla. Pray l\Ir. GARRETT. Mr. Speaker, I ask unanimous consent to Bennet, N. Y. Graft' l\lcKinlay, Cal. Reeder insert a certain matter in the RECORD. Brnwnlow Grant McKinney Roberts Burke, Pa. Greene McLachlan, Cal. Scott The SPEAKER. The gentleman from Tennes ee asks unani­ Burke, S. Dak. Hamer McLaughlin, Mich. Sharp mous consent to insert a certain matter in the RECORD. Is Campbell Hamilton Madden Sheffield there objection? Cassidy Haugen Madison Smith, Iowa Chapm:m Hawley Mann Southwick l\Ir. PAYNE. What is the matter? Is it in reference to this ocks, r . Y. H eald Miller, Kans. Staft'ord bill? Cook Hig~ins Millington Steenerson Mr. GARRETT. No, sir. The matter which I desire to in­ Cooper, Pa. Rill Moon, Pa. Sterling Cooper, Wis. Hinshaw Moore, Pa. Stevens, Minn. sert in the RECORD is an article which appeared in the Times Cowles Howell, Utah Morehead Sturgiss of yesterday afternoon. A similar article also appeared in Creager Hubl>ard, Iowa l\Ioi'gan, Mo. Sulloway yesterday afternoon's Star and in the Herald and Post this . Crow Huhbard, W. Va. Morgan, Okla. Tilson Dalzell Huff Morse Townsend morning. Davidson Hucrhes, W. Va. Moxley Volstead Mr. PAYNE. I shall object at present, l\Ir. Speaker. I will De~by rendall Murdock '\Vanger confer with the gentleman from Tennessee in regard to it before Diekema Kennedy, Iowa Murphy '\Vashburn Dodds Kennedy, Ohio Needham '\Viley we meet again. • Draper Kinkaid, Nebr. Nelson Wilson. Ill. Mr. MANN. l\Ir. Speaker, by direction of the committee-­ Dwi .~ht Know land Nye Wood, N. J. Mr. PAYJ\TE. Mr. Speaker, I move that the House do now 1-~n O'leb riO'ht Kronmlller Olmsted Woods, Iowa Esc"h 0 K ii termann Palmer, II. W. Young, Mich. adjourn. Fassett Law Parker Young, N. Y. Mr. MANN. But the gentleman from New York can not take NAYS-102. me off my feet. Adair Foster, Ill. Jamieson Ransdell, La. l\fr. PAYNE. I took the floor at the same time the gentleman Alexander, Mo. Foulk rod .Johnson, Ohio Reid from Illinois did. Anderson Gallagher Jones Richardson l\fr. MANN. But the gentleman from New York was not Rarnhat·t Gardner, Mich. Joyce Riordan Bartlett, Nev. Garner, Tex. Keifer Rothermel recognized. Beall, •.rex. Garrett Kitchin Rucker, Colo. .Mr. GARRETT. Mr. Speaker, was my request objected to? Booher Gilmore Korbly Rucker, Mo. The SPEAKER. Yes; the gentleman from New York ob· Borland Godwin Lafean Sa bath Bowers Goldfogle Lamb Sheppard jected. Bun;ess Gordon Langham Sherwood l\fr. GARRETT. Without knowing what the article was? Bui-Ieson Graham, Ill. Lee Sims The SPEAKER.. The Chair does not know whether the gen­ Burnett Graham, Pa. Lever Sisson Byrns Hamlin Lindsay Smith, Tex. tleman from New York had the most distant conception of it. Clark, Mo. Hammond Macon Stephens, Tex. [Laughter.] · Cline .Hardwick Maguire, Nebr• Sulzer Mr. PAYNE. I stated that I would confer with the gentleman ollier Hardy Martin, Colo. Taylor, Colo. Conry Harrison Mays Thomas, Ky. from Tennessee. Covington Hay Moon, Tenn. Thomas, N. C. Mr. GARRETT. That was very kind of the gentleman from Craig Hayes Morrison Tou Velle New York, because he has never offered to confer with me be­ Cullop Henry, Tex. Moss Underwood Dent Hitchcock Nicholls '\Vatkins fore. [Laughter.] Denver Hollingsworth O'Connell '\VickliJie The SPEAKER. The Chair will state to the gentleman from Dies Houston Oldfield Willett New York that after his objection to the request of the gentle­ Edwards, Ga. Howard Padgett Wilson, Pa. Ferris Hughes, N. J. Page man from Tennessee the gentleman from Illinois was recognized Floyd, Ark. Hull, Tenn. Palmer, A. M, and was on his feet and stating something which the Chair 1910. CONGRESSIONAL RECORD-HOUSE. 35T presumes was in order. The Chair will recognize the gentleman bia, to which was referred the bill of the House (H. R. 15676) from New York as soon as the gentleman from Illinois is to provide for the extension of the underground system of the through. City and Suburban Railway Company on North Capitol street, l\Ir. P .A.YNE. But I desire to make a motion to adjourn. and for other purposes, reported the same with amendment, ac­ The SPEAKER. But the gentleman from New York can not companied by a report (No. 52), which said bill and report take the gentleman from Illinois from the floor, he having been were referred to the Committee of the Whole House on the recognized and proceeding to state that he wanted to call up state of the Union. something or other. l\Ir. HILL, from the Committee on Expenditures in the Trea.s­ Mr. B~~"'ET of New York. l\Ir. Speaker, I make the point ury Department, to which was referred the resolution of the of order that there is no quorum present. House (H. Res. 188) requesting certain information of the The SPEAKER. The Chair will count. Secretary of the Treasury, relative to the use of the Revenue­ Mr. MANN. l\Ir. Speaker, I move that the House do now Cutter Service to discover the whereabouts of the yacht ot adjourn. . John J. Astor, reported the same without amendment, accom­ l\Ir. PAYNE. Mr. Speaker, I desire to be recognized to make panied by a report (No. 50), which said bill and report were that motion myself. referred to the House Calendar. l\Ir. MA.1\TN. I am perfectly willing that the gentleman frol,Il l\Ir. NYE, from the Committee on the District of Columbia, New York shall make the -motion. to which was referred the joint resolution of the House (H. J. l\Ir. PAYNE: But I claim it as a matter of right. Res. 78) changing the title of the sealer of weights and meas­ l\I.r. l\IANN. Well, Mr. Speaker, I will withdraw my motion. ures of the District of Columbia to superintendent of weights, The SPEAKER. The Chair is of opinion that a quorum is measures, and markets, reported the same without amendment, not present. Under the practice of the House, ordinarily, on accompanied by a report (No. 53), which said bill and report money bills, bills that make appropriations, the gentleman in were referred to the House Calendar. charge of the bill is recognized to make the motion to adjourn. l\Ir. VOLSTEAD, from the Committee on the Public Lands, But this is calendar Wednesday for the call of committees and to which was referred the bill of the House (H. R. 16223) ex­ miscellaneous business is supposed to come up-- tending the time for certain homesteaders to estnblish residence Mr. MANN. But no miscellaneous business has C{)me up and upon their lands, reported the same with amendment, accom­ the call still rests with the Committee on Interstate and Foreign panied by a report (No. 54), which said bill and report were Commerce. . referred to the House Calendar. The SPEAKER. The Chair will say to the gentleman from Illinois that under the practice of the House the Chair will recognize the gentleman from New York. · . CHANGE OF REFERENCE. Mr. PAYNE. l\Ir. Speaker, I move that the House do now adjourn. Under clause 2 of Rule XXII, committees were discba1·ged The motion was agreed to. from the consideration of the following bills, which were re­ Accordingly (at 5 o'clock and 58" minutes p." m.) the House ferred as follows : adjourned. A bill (H. R. 13085) granting an increase of pension to Josephine Plumer-Committee on Invalid Pensions discharged, and referred to the Committee on Pensions. EXECUTIVE COl\IlfUNICATIONS. A bill (H. R. 14284) granting a pension to Katherine Law­ Under clause 2 of Rule XXIV, executive communications were rence-Committee on Invalid Pensions discharged, and re­ taken from the Speaker's fable and referred as follows : ferred to the Committee on Pensions. 1. A letter from the vice-president ot the Georgetown Barge, A bill (H. R. 14371) granting a pension to Hattie V. Tall­ Dock, Elevator and Railway Company, transmitting the annual Committee on Invalid Pensions discharged, and referred to the report (H. Doc. No. 475)-to the Committee on the District of Committee on Pensions. Columbia and ordered to be printed. A bill (H. R. 15630) grantjng a pension to Charles E. Wel­ 2. A letter from . the Acting Secretary of the Treasury, sub­ ker-Committee on Invalid Pensions discharged, and referred to mitting an appropriation for site of the public building at the Committee on Pensions. , Plainfield, N. J. (H. Doc. No. 476)-to the Committee on Ap­ A bill (H. R. 1418) granting an honorable discharge to propriatipns and ordered to be printed. Maurice Spillane-Committee on Military Affairs discharged, 3. A letter from the Acting Secretary of War, transmitting, and referred to the Committee on Naval Affairs. with a letter from the Chief of Engineers, report of examination A bill (H. R. 14304) ·granting an increase of pension to Giles of Wood River, Oregon (H. Doc. No. 477)-to the Committee on A. Woolsey-Committee on Invalid Pensions discharged, and re- Rh·ers and Harbors and ordered to be printed. ferred 1D the Committee on Pensions. . 4. A letter from the Acting Secretary of War, transmitting a A bill (H. R. 16292) gi·anting an increase of pension to Wil­ list of leases granted during the calendar year 1909 (H. Doc. liam H. Lorance-Committee on Invalid Pensions discharged, No. 478)-to the Committee on Expenditures in the War De­ and referred to the Committee on Pensions. partment and ordered to be printed. A bill (H. n. 16558) to remoYe the charge of desertion from 5. A letter from the Acting Secretary of the Treasury, trans­ the record of Kicholas Meyer-Committee on War Claims dis­ mitting a copy of a letter from the Secretary of War, submitting charged, and referred to the Committee on l\1ilitary Affairs. an estimate of deficiency appropriation for subsistence of the army (H. Doc. No. 479)-to the Committee on Appropriations and ordered to be printed. PUBLIC BILLS, RESOLUTIONS, AND ·MEMORIALS. 6. A letter from the Secretary of the Interior, transmitting Under clause 3 of Rule XXII, bills, resolutions, and memo­ the decisions of the Commissioner of Patents and United States rials of the following titles were introduced and severally re­ courts in patent cases for the calendar year 1909-to the Com­ ferred as follows : mittee on Patents and ordered to be printed. By 1\Ir. BENNET of New York: A bill (H. R. 16871) to 7. A letter from the Acting Secretary of the Treasury, trans­ amend section 13 of an act entitled "An act to establish a mitting schedules of claims allowed by the accounting officers bureau of immigration and naturalization and to provide for of the Treasury (H. Doc. No. 474)-to the Committee on Ap­ a uniform rule for the naturalization of aliens throughout the propriations and ordered to be printed. United States," and for the relief of clerks of comts exercising jurisdiction under section 3 of said act-to the Committee on Immigration and Natmalization. REPORTS OF COilllITTEES ON PUBLIC BILLS AND By Mr. KINKAID of Nebraska: A bill (H. R. 16872) for the RESOLUTIONS. relief of registers and former registers of the United Stutes Under clause 2 of Rule XIII, bills and resolutions were sey­ land offices-to the Committee on the Public Lands. . erally reported from committees, delirnred to the Clerk, and By :i\fr. Sl\II'l'H of Texas: A bill (H. R. 16873) to provide for referred to the seYerul calendars therein named, as follows: the enlargement of Fort Bliss, near El Paso, Tex.-to the Com­ Mr. S~IITH of Michigan, from the Committee on the District mittee on Military Affairs. of Columbia, to which was referred the bill of the House By Mr. KA.RX: A bill (H. R. 1GS74) to amend the Code ot (Il. R. 3G7D) to amend an act entitled ".A.n act for the widen­ Law for the District of Columbia regarding corporations-to the ing of Benning road, and for other purposes," approved May 16, Committee on the District of Columbia. 1!>08, reported the same without amendment, accompanied by a By Ur. MACON: A bill (H. R. 16375) to increase the pension r eport (No. 51), which said bill and report were referred to of widows of Mexican soldiers-to the Committee on Pensionti. the Committee of the Whole House on the state of the Union. By Mr. KAHN: A bill (H. R. 16876) to amend an act entitled Mr. WILEY, from the Committee on the District of Colum- "An act to require the employment of vessels of the Unitecl 352 CONGRESSIONAL RECORD-HOUSE. JANUARY 5,

- .. States for public purposes," approved April 28, 1904-to the city of Washington, in the District of Columbia, to the battle­ Committee on Milit::try Affairs. field of Gettysburg, in the State of Pennsylvania, by way of the Also, a . bill ( H. n. 1G877) to amend section 4421 of the Re­ battlefield of Antietam, in the State of Maryland-to the QQm­ vised Statutes of the United States, as amended by act of June mittee on Appropriations. 11, 190G-to the Committee on the Merchant Marin~ and Fish­ Also, a bill (H. R.' 16900) granting · a pension of $30 per eries. month to all honorably discharged soldiers and sailors who By Mr. Sl\.IITH of Texas : A bill ( H. R. 16878) to encourage served at least ninety days in the army or navy of the United and promote commerce in agricultural products among the States during the war with !lfexico, and who have or may reach States and with foreign nations, and to remove obstructions the age of 62 years-to the Committee on Pensions. thereto--to the Committee on Interstate and Foreign Commerce. Also, a bill (H. R. 16901) to p1a ~ e \Olunteer soldiers and i;:ea­ By Mr. l\IAJ\TN (by request) : A bill (H. R. 16879) to pro­ men who served not less than sixty days on an equality as to mote the safety of employees and travelers upon railroads by pensions with those who served ninety days or more under the regulating the manning of locomotive engines regularly em­ act of June 27, 1890, and the amendments thereto-to the ployed in the switching of cars thereon-to the Committee on Committee on Invalid Pensions. • Interstate and Foreign Commerce. Also, a bill (H. R. 16902) to authorize the restoration of the Also (by request), a bill (H. R. 16880) to promote the safety Cumberland road by the United States Go\ernment, and to pro­ of employees upon railroads by compelling common· carriers· en­ vide for its reconstruction and maintenance-to the Committee gaged in -interstate commerce to equip all locomotives regularly on Interstate and Foreign Commerce. engaged in switching service with footboards and headlights­ Also, a bill (H. R. 16903) granting a pension of $30 per month to the Committee on Interstate and Foreign Commerce. to all honorably discharged soldiers and sailors who served at Also (by request), a bill ( H. R. 16881) to promote the safety least ninety days in the Army or Navy of the United States . of employees on railroads by requiring tracks in yards to be during the civil war, and who haye or may reach the age of 70 kept free from obstructions-to the Committee on Interstate years-to the Committee on Invalid Pensions. and Foreign Commerce. Also, a bill (H. R. 16904) to provide pen ions for those who Also, a bill ( H. R. 16882) providing for a bureau of light­ are blind or so nearly blind as to require- the services of an houses in the Department of Commerce and Labor, and for attendant-to the Committee on Invalid Pensions. other purposes-to the Committee on Interstate and Foreign Also, a bill (H. R. 1G905) to pravide for the erection of a Commc:·ce. monument in commemoration of the services of Gen. Otho Hol­ Also (by request), a bill ( H. R. 16883) relating to transpor­ land Williams in the Revolutionary war-to the Committee on tation of explosi>es and other dangerous articles, and to amend the Library. section 233 of the penal code-to the Committee on Interstate Also, a bill ( H. R. 16906) to provide for a macadamized road­ and Foreign Commerce. way from the town of Sharpsburg, l\ld., to the Connecticut By l\lr. HIGGINS: A bill (H. R. 16884) for the erection of monument on the battlefield of Antietam-to the Committee on a public building at Putnam, Conn.-to the Committee on Public Military Affairs. Buildings and Grounds. Also, a bill ( H. R. 16907) to provide for the erection of a By Mr. GREE~TE: A bill (H. R. 16885) concerning tonnage monument to the heroes of the war of the American Revolu­ duties on vessels entering otherwise than by sea-to the Com­ tion-to the Committee on the Library. mittee on the Merchant Marine and Fisheries. Also, a bill (H. R. 16908) to establish a national military By Mr. BOWERS: A bill (H. R. 16886) to provide for the park at Fort Frederick, Md.-to the Committee on Military erection of a public building at Laurel, in the State of l\Hssis­ Affairs. sippi-to the Committee on Public Buildings and Grounds. By llr. PARKER: A bill (H. R. 16909) to extend section 44 By Mr. CAMPBELL: A bill (H. R. 16887) to make uni­ of the act entitled "An act to modify, revise, and amend the form the law of warehouse receipts in the District of Colum­ penal laws of the United States" .to all harbor-defense systems bia-to the Committee on the District of Columbia: situated within or without the United States, and for other By Mr. SMITH of Michigan: A bill (H. R. 1G888) providing purposes-to the Committee on the Judiciary. · for the care, maintenance, and employment of jail and work­ By Mr. FOSS: A bill (H. R. 16910) to provide that officers of house prisoners of the District of Columbia-to the Committee the United States Navy who, under authority of law, perform on the District of Columbia. enofaeering duty on shore only be made additional numbers- Bv Mr. TAYLOR of Colorado: A bill (H. R. 16889) to amend to hthe Committee on Naval Affairs. · · section 604 of chapter 5, title 13, of the Revised Statutes of Also a bill (H. R. 16911) to amend the act of January 25, 1878, entitled "The judiciary "-to the Committee on the Ju­ 1895 ~s amended by the act of March 3, 1901, relative to the diciary. adrnlnistration of oaths-to the Committee on Naval Affairs. By l\Ir. FOSS: A bill (H. R. 16890) to provide for the ex­ Also a bill (H. R. 16912) to repeal a portion of section 429 amination for promotion of certain warrant officers before a of the Revised Statutes of the United States-to the Committee board, in accordance with regulations prescribed by the Sec­ on Naval Affairs. retary of the Navy-to the Committee on Naval Affairs. By l\Ir. LONGWORTH: A bill (H. R. 16913) to provide for Also, a bill (H. R. 16891) to provide for the award of con­ the appointment of an additional district judge in and for C.:. J gressional medals of honor to officers of the naval service-to northern judicial district of the State of Ohio and an additiou:il the Committee on Naval Affairs. district judge in and for the southern judicial district of t l:e Also, a. bill (H. R. 16892) to equalize the pay and allowances State of Ohio-to the Committee on the Judiciary. of assistant surgeons and acting assistant surgeons in the By Mr. A. MITCHELL PALMER: A bill (H. R. 16914) to United States Navy-to the Committee on Naval Affairs. authorize the Postmaster-General to assign fourth-clu.ss post­ Also, a bill (H. R. 16893) to extend certain provisions of offices to the class determined by the total receipts of four con­ section 3 of the act of October 1, 1800, to officers of the United secutive quarters and to fix the salary accordingly-to the Com­ States Navy-to the Committee on Naval Affairs. . mittee on the Post-Office and Post-Roads. By hlr. PEARRE: A bill (H. R. 16894) authorizing a change By Mr. HAY:· A bill (H. R. 16915) to authorize the abandon­ in the form of paying pensioners-to the Committee on Invalid ment of Jefferson street NW., between Fourteenth street ancl Pensions. · Also, a bill (H. R. 16895) to authorize the Secretary of War Colorado avenue NW., Washington, D. C.-to the' Committee on to prorlde a flag or flags for the use of the Francis Scott Key the District of Columbia. Monument Association, of Frederick, l\fd.-to the Committee on Also a bill (H. R. 16916) to authorize certain changes in the Military Affairs. , perma:i.ent system of highways' plan, District ·of Columbia-to Also, a bill (H. R. 16896) to increase the salaries of letter the Committee on the District of Columbia. carrier of the rural free-delivery service, to allow annual leave By Mr. MARTIN of Colorado: A bill (H. R. 16917) to pro­ with pay, and for other purposes-to the Coilllllittee on the mote the reclamation of arid lands-to the· Committee on Irri­ Post-Office and Post-Roads. gation of Arid Lands. Al ~o, a bill (II. R. 1G 97) to provide for fixing a uniform By Mr. Sl\IITH of Michigan: A bill (H. Il. 16918) for th~ standard of classification and grading of wheat, flax, corn, oats, establishment of a probation and parole system for the District barley, rye, and other grains, and for other purposes-to the of Columbia-to the Committee on the Judiciary. Committee on Interstate and Foreign Commerce. By Mr. LAFEAN: A bill (H. n.. 16910) to establish standard Alsc a bill (H. R. 16 98) to amend the regulations governing packages and grades for apples, and for other purposes-to the the N<'.tional Military Home at Washington, D. C., and for other Committee on Agriculture. purpo es-to the ommittee on Military Affairs. By Mr. STEENERSON: A bill (H. R: 16920) authorizing the AJ u, a bill (H. n. 16899) for the laying out and construction Secretary of the Interior to appraise certain lands in the State of a boule-ra rel as a memorial to Abraham Lincoln, from the of .Minnesota for the purpose of granting the same tQ the Min- 1910. CONGRESSIONAL RECORD-_HOUSE. 353,

nesota and Manitoba Railroad Company for a ballast pit-to By Mr. ALLEN: A bill (H. R. 16938) to refund to John B. the Committee on Indian Affairs. Keating customs ta:x: erroneously and illegally collected at Port-: By Mr. Sl\HTH of Michigan: A bill (H. R. 16921) to amend land, Me., on cargo of coal, March 11, 1903-to the Committee an act entitled "An act regulating the sale of intoxicating on Claims. liquors in the District of Columbia," approved March 3, 1893- Also, a .bill (H. R. 16939) for the relief of Edmund M. Tal- to the Committee on the District of Columbia. cott-to the Committee on Claims. · Also, a bill ( H. R. 1G922) to fix the salaries of the Commis­ By Mr. AMES: A bill (H. R. 16940) granting an increase ot sioners of the District of Columbia-to the Committee on the pension to Etta A. Richardson-to the Committee on Invalid District of Columbia. Pensions. By Mr. PARSONS: A bill (H. R. 16923) to amend section 5!>6 Also, a bill (H. R. 16941) granting an increase of pension to of the Revised Statutes of the United States-to the Committee James Thomas-to the Committee on Invalid Pensions. on the Judiciary. Also, a bill (H. R. 16942) granting an increase of pension to By l\Ir. KITCHIN: A bill ( H. R. 16924) making an appropria­ John W. Dempsey-to the Committee on Pensions. tion for the improvement of Fishing Creek, in the State of By l\Ir. ANDERSON: A bill (H. R. 1G943) granting an in­ North Carolina-to the Committee on Rivers and Harbors. crease of pension to Erwin A. Ogden-to the Committee on In­ By Mr. MOORE of Pennsylvania: A bill (H. R. 16925) to valid Pensions. regulate the storage of food supplies in the District of Colum­ By l\Ir. ANSBERRY: A bill (H. R. 16944) granting an in­ bia-to the Committee on the District of Columbia. crease of pension to Dennis Welch-to the Committee on In­ By 1\Ir. SULZER: A bill (H. R. 16926) relating to the limita­ Yalid Pensions. tion of the hours of daily service of laborers and mechanics Also, a bill ( H. R. 16945) granting an increase of pension to employed upon the public works of the United States and of the Christopher Fry-to the Committee on Invalid Pensions. District of Columbia-to the Committee on Labor. By l\Ir. ANTHONY: A bill (H. R. 16946) granting an in­ By Mr. KITCHIN: A bill (H. R. 16927) making. an appro­ crease of pension to L. D. Dobbs-to the Committee on In>alid priation for the improvement of Roanoke River, in the State of Pensions. North Carolina-to the Committee on Rivers and Harbors. Also, a bill (H. R. 16947) granting a pension to Adam Ross­ By Mr. MAYS: A bill (H. R. 16928) to provide for a survey to the Committee on Im·alid Pensions. of a canal from Cashes Bayou to Trout Creek, on New River, Also, a bill (H. R. 16948) for the relief of Robert Johnson­ in the State of Florida-to the Committee on Rivers and to the Committee on Military -Affairs. Harbors. By l\lr. ASHBROOK: A bill (H. R. 16949) granting an in­ By. l\Ir. MURPHY: A bill (H. R. 16929) providing for the crease of pension to Albert P. Merkel-to the Committee on order of trial in criminal cases in the circuit and district courts Invalid Pensions. of the United States, and for other purposes-to the Committee By Mr. BARCHFELD: A bill (H. R. 16950) granting a pen­ on the Judiciary. _ sion to George Powelson-to the Committee on Invalid Pensions. By Mr. PERKINS: A bill (H. R. 16930) amending section By Mr. BARNHART: A bill (H. R. 16951) granting an in­ 4132 of the Revised Statutes of the United States-to the Com­ crease of pension to Peter Countryman-to the Committee on mittee on the Merchant Marine and Fisheries. . Invalid Pensions. · , By l\Ir. HULL of Iowa: A bill (H. R. 16931) to increase the Also, a bill (H. R. 16952) granting an increase of pension to efficiency of the Signal Corps of the Army-to the Committee Andrew Row-to the Committee on Invalid Pensions. on l\Iili tary Affairs. Also, a bill (H. R. 16953) granting a pension to Charles C. ·By Mr. TENER: A bill ( H. R. 16932) to provide for the erec­ l\Iarshall-to the Committee on Invalid Pensions. tion of a public building at Monongahela, Pa.-to the Com­ By Mr. BARTHOLDT: A bill (H. R. 16954) granting an in­ mittee on Public Buildings and Grounds. crease of pension to John D. Burgh-to the Committee on In­ By l\Ir. MOORE of Pennsylvania: Resolution (H. Res. 193) yalid Pensions. directing the Secretary of the Department of Agriculture to By l\!r. BOUTELL: A bill (H. R. 16955) granting an increase report to the House with regard to the storage of food prod­ of pension to John Ferson-to the Committee on Invalid Pen­ ucts-to the Committee on Agriculture. sions. By l\Ir. HUMPHREY of Washington: Joint resolution (H. J. By l\Ir. BOWERS: A bill (H. R. 16956) granting a pension Res. 102) for the appointment of a committee to investigate the to Ellen Odem-to the Committee on Pensions. adminish·ation and conduct of the Interior Department-to the Also, a bill (H. R. 16957) granting a pension to John l\Iiller­ Committee on Rules. to the Committee on Pensions. By l\Ir. ANTHONY: Joint resolution (H. J. Res. 101) author­ Also, a bill (H. R. 16958) granting an increase of pension to izing the extension of the tracks of the Atchison, Topeka and Henry S. E>ans-to the Committee on Invalid Pensions. Santa Fe Railroad on the military reservation at Fort Leaven­ By l\Ir. BURLEIGH: A bill (H. R. 16959) for the relief of worth, Kans.-to the Committee on l\Iilitary Affairs. Charles P. Ryan-to the Committee on-1\Iilitary Affairs. By l\Ir. SLAYDEN: Concurrent resolution (H. C. Res. 28) to By Mr. CAMPBELL: A bill (H. R. 16960) granting an in­ authorize and direct the Secretary of State to negotiate a treaty crease of pension to John N. Gill-to the Committee on Invalid with the United States of Mexico for the equitable distribution P~~oos. . of the waters of the Rio Grande for irrigation of adjacent By l\Ir. CANNON: A bill (H. R. 16961) granting a pension to lands-to the Committee on Foreign Affairs. William l\Iisner-to the Committee on Invalid Pensions. By Mr. SPERRY: Memorial of the legislature of Connecticut, By l\Ir. CARLIN: A bill (H. R. 16962) for the relief of J. and concerning protection of American citizens in foreign countries­ E. 1\Iahoney-to the Committee on Claims. . to the Committee on Foreign Affairs. By Mr. CHAP~Al~: A bill (H. R. 16963) granting an in­ By l\lr. HILL: Uernorial of the legislature of Connecticut, crease of pension to James M. Alderson-to the Committee on regarding protection of American citizens in foreign countries­ lnYalid Pensions. to the Committee on Foreign Affairs. Also, a bill (H. R. 16964) granting a pension to Delilah Bowles-to the Committee on Pensions. By l\Ir. CLARK of Florida: A bill (H. R. 16965) granting a PRIVATE BILLS AND RESOLUTIONS. pension to Columbus Hill-to the Committee on Invalid Pen­ sions. Under clause 1 of Rule XXll, private bills and resolutions of By Mr. CLARK of l\Iissouri: A bill (H. R. 16966) granting the following titles were introduced and se>erally referred as an increase of pension to Meredith T. l\Ioore-to the Committee fo1lows: on Pensions. By Mr. ADAIR: A bill (H. R. 16933) granting an increase of Also, a bill (H. R. 16967) granting an increase of pension to pension to Pennell l\I. Keepers-to the Committee on Invalid John W. Hunter-to the Committee on lnYalid Pensions. Pensions. Also, a bill ( H. R. 16968) referring to the Court of Claims the Also, a bill (H. R. 16934) granting an increase of pension to claim of John H. Frick-to the Committee on War Claims. Thomas Addington-to the Committee on Invalid Pensions. By Mr. CLINE: A bill (H. R. 16969) granting an increase A1.so, a bill (H. R. 16935) granting an increase of pension to of pension to Joseph Grice-to the Committee on InYalid Pen­ William l\fyers-to the Committee on In>alid Pensions. sions. , Also,' a bill (H. R. 16936) granting an increase of pension to By Mr. COWLES: A bill (H. R. 16970) granting a pension Edward F. Reed-to the Committee on In>alid Pensions. to Rebecca E. Coffey-to the Committee on Pensions. A~ao, a bill (H. R. 16937) to remove the charge of desertion By Mr. CRUl\IPACKER: A bill (H. R. 1G971) granting an ag~tinst William Robinson and grant him an honorable dis­ increase of pension to Charles W. Sexton-to the Committee on charge-to the Committee on l\Iilitary Affairs. Invalid Pensions. XLV-23 354 CONGRESSIONAL RECORD-HOUSE. JANUARY 5,.

Also, a bill (H. R. 16!)72.) grantfug an increase of pension to Also, n. bill (H. R. 17008) granting a pension to Remy Flem­ Elisha Henry-to the Committee on Invalid Pensions. ing-to the Committee on Pensions. Also, a bill (H. R. 16913) granting an increase of peruio::h to By l\Ir. KITCHIN~ A bill (H. R. 17009) for the relief of the John T. Rader-to the Committee on Invalid Pensions. heir of James Dans, deceased-to the Committee on War Also, a bill (H. R. 16!)'Z4) granting an ill.crease of pension to Claims. John Devine-to the Committee on Invalid Pensions. By .Mr. KR01't"1\IILLER: A bill (H. R. 17010} grantin~ an Also, a bill ( H. R. 169:75) granting an increase o:f pension to increase of pension to Emily Tyler-to the Committee on In.va­ Robert Bowman-to the Committee· on Invalid Pensions. lid Pensions. Also, a bill (H. R. 16976) granting an increase of pension to By Mr. KUSTERMANN: A bill (H. R. 17011) granting an Homer C. Tylel!-to the Committee on Invalid Pensions. inerea e of pension to George Page--to the Committee on Inva­ Also, a bill ( H. R. 169-77) granting a pension to Edward lid Pensions. West-to the Committee on Pensions. By Mr. .LAFEAN: A bill (H. R. 17012) for the relief of By :Mr. DAVIS: A bill (H. R. 16978) granting an increase of Catherine Straley-to the Committee on War Claims. pension to Thomas J. Clark-to the Committee on Invalid By Mr. LANGHAM: A bill (H. R. 17013) granting a pension Pensions. . to James Rumbaugh-to the Committee on Invalid Pensions. Also, a bill (H. R. 16979) granting an increase of" pension to By Mr. LEVER: A bill (H. R.. 17014) granting a pension to William El. Poe-to the Committee on Invalid Pensions. Thomas H. Rawl-to the Committee on Pen ions. - Also, a bil:l (H. R. 16080) granting an increase of pension. to By Mr. LINDBERGH~ A bill (H. R. 17015) granting an in­ Thomas J. Clark-to the Committee on Invalid Pension'S. crease of pension tO' Caleb J. May-to the Committee on Invalid • Also, a bill (H. R. 169 1) granting a pension to Martha R. 0. Pensions. . Oleson-to the Committee on Invalid Pensions. Also, a bill (H. R. 17016) granting an increase of pension to By Ur. DWIGHT: A bill (H. R. 16982} granting an increase Robert Watson-to the Committee on Invalid Pensions. ~:f pension to John E~ Merritt-to the Committee on Invalid Also, a bill (H. R. 17017) granting an increase of pension to Pensions. Smith M. Todd-to the Committee on Invalid Pensions. · By i\fr. FOCH'I': A bill (H. R. 16~83) granting an increase of Also, a bill (H. R. 17018) granting an increase of :pension to pension to Charles H. Ande:r on-to the Committee on Invalid Owen Davis-to the Committee on Invalid Pensions. Pen ions. Also, a bill (H. R. 17019) granting a pension to Deborah H. .B Y Mr. FOSS: A bill (H. R. 16984.) granting an increase of Riggs-to the Committee on Pensions. pen ion to William Hay-to the Committee on Invalid Pensions. By Mr. LIVINGSTON: A bill (H. R. 17020) granting' a pen­ By l\Ir. FOSTER ot IDinois: A bill (H. R. 16~5) granting a sion to Mary J. C. Maxwell-to the Committee on Invalid Pen­ pension to Eva K. Holmes-to the Committee on Invalid sions. Pensions. Also, a bill ( H. R. 17021) for the relief of the heirs of Green Also, a bill (H. R. 16986) granting an increase of pension to Lee Bagley, deceased-to the Committee on War Claims. J. N. Malcom-to th-e Committee on Invalid PenSions. Also, a bill (H. R. 17022) for the relief of the heirs of Thomas · By l\Ir. GRAH.A.M of Illinois: A bill (H. R. 16987) granting Cater, deceased-to the Committee on War Claims. an increase of pension to John F. Hart-to the Committee on Also, a bill (H. R. 17023) for the relief of the heirs of Cleve­ Invalid Penffi.ons. . land Clay, deceased-to the Committee on War Claims. By Mr. GREENE: A bill (H. R. 16988) granting an increase Also,, a bill ( H. &. 17024) for the relief of the heirs of Clark of pension to John Lambert-to the Committee on Invalid Pen­ l\IcLendon, deceased-to the Committee on War Claims. sions.. Also, a bill (H. R. 17025) for· the relief of the heirs of Eliza­ · Also, a bill (H. R. 16989) granting an increase of pension to beth· House, deceased-to the Committee on War- Claims. Also, a bill (H. R. 17026) for the relief of the heirs of John William Sylvia ·~-to the Committee ·on Invalid Pensions• . By :Ur. GRIEST: A bill (H. R. 16990) for the relief of George H. Parker, deceased-to the Committee on War Claims. Also, a bill (H. R. 17027.) for the relief of the heirs of Henry J;. Diller-to the,Committee on Claims. By 1\Ir. HA.MILTON: A bill (H. R. 16991) granting an in­ Parksr deceased-to the Committee on War Claims. crease of pension to Preston Parmentel'-t<> the Committee on Atso, a bill (H. R. 17028) for the relief of the heirs of James Watts, deceased-to the Committee on War Claims. 'Im·alid Pensions. Also, a bill (H. P... 17029) for the relief of the heirs of W. B. By Mr. HAMLIN: A bill (H. R. 16992) for the relief of Perry, deceased-to the Committee on Wal"'-Cla.im.s. A. H. Nichols-to the Committee on War Claims. Also, a bill (H. R. 17030) for the relief of the heirs of J. M. By Mr. HAYES: A biJ.l (H. R. 16993.) for the relief of John Fowler, deceased-to the Committee on. War Claims. Brodie-to. the Committee on Claims. . By :Mr~ LOWDEN: A bill (H. R. 17031) granting an increase . By 1\-fr. HILL: A bill ( H. R. 16994) granting an increase of of pension to Virgil E. Reed-to the Committee on Invalid Pen­ pen ion to Edwin B. Sanford-to the Committee on Invalid sions. Pensions. Also, a bill (H. R. 17032) granting an increase of pension to Also, a bill (H. R. 1.6995) granting an increase of pension to Samuel D. White-to the Committee on Invalid Pensions. Louisa D. Smith-to the Committee on Pensions. By :Mr. MADISON: A bill (H. R. 17033) granting an increase By :Mr. HOWELL of New Jersey: A bill (H. R. 16996) of pension t<> Clinton Black-to the Committee on Invalid Pen­ granting an increase of pension to Barzillar P. Irons--to the sions. Committee on lnTalid Pensions. Also, a bill (H. R. 17034) granting an increase of pension to Also, a bill (H. R. 169V7) granting an increase of pension to George F. Terry-to the Committee on Invalid Pensions. Matthias J. Brower-to the Committee on Invalid Pensions. Also, a bill (H. R. 17035) granting an increase of pension to Also, a bill (H. R. 16998) granting an increase of pension to Samuel Cook-to the Committee on Invalid Pensions. J. Wesley Cross-to the Committee on Invalid Pensions. By l\!r. MILLER of Kansas: A bill (H. R. 17036) granting By Mr. HULL of Iowa: A bill (H. R. 16999) granting an in­ an increase of pension to Thomas Jones-to the Committee on crea e of pension to Jol1n A. Vermeulen-to fi?.e Committee on Invalid Pensions. 'Inv:rlid Pensions. Also, a bill (H. R. 17037) granting an increase of pension to Also, a bill (H. R. 17000) granting an increase of pension to James T. Gothard-to the Committee on Invalid Pensions. Franklin l\I. Harrison-to the Committee on Invalid Pensions. By Mr. MILLINGTON: A bill (H. R. 17038) grantin(J' a pen­ Al oy a bill (B. R. 17001) granting an increase of pension to sion to Anna. M. Blodgett-to the Committee on ln>alid Pen­ William Everett-to the Committee on Invalid Pensions. sions. Al o, a bill (H. R. 17002) granting a pension to Frank L. Also, a bill (H. R. 17039) granting a pension to Maria l\Iar­ ·Simpson-to the Committee on Pensions. chisi-to the Committee on Invalid Pensions. Also, a bill (H. R. 17003) for the relief of John L. Russell­ Also, a bill (H. R. 17040) granting an increase of pension to to the Committee- on War Claims. William A. Walker-to the Committee on -InYalid Pensions. Also, a bill ~H. R. 17004) for the relief of Jacob Scheout-to By Mr. MOSS: A bill (H. R. 17041) grtlllting a pension .to the Committee on Military Affairs. Frank L. Sta:1·k-to the Committee on Im-ulid :Pensions. · By 1\Ir. J'OHNSO:N of Kentucky. A bill (H. R. 17005) grant­ By Mr. NORRIS: A bill (H. R. 17042") granting a pension to ing a pension to George S. McAfee-to the Committee on Pen­ Thomas McKenna-to the Committee on Pensions. sions. Also, a: bill (H. R. 17043} g:rantin(J' an inereftse of pensicn to Also, a bill (ff. R. 17006) to. correct the military reeord of Edward S. Kennedy-to the Committee on I1walid Pensions. Je se W. Ball-to the Committee on Military Affairs. By Mr. PARKER: A bill (H. R. 17044) g1·:mting an increase ' By Mr. KINKAID of Nebraska~ A bill (H. R. 17007} for the of pension to Robert McNabb-to the Committee on Imr:llid · relief of Willard w. Alt_:_to the Committee on Clri.ims. , - . Pensions. 1910. CONGRESSIONAL RECORD-HOUSE. 35f;'

By l\fr. PAYNE: A bill (H. R. 17045) granting an increase of Also, a bill (H. R. 17080) for the relief of the trustees of the pension to Charles Burchard-to the Committee on Inrnlid Quinn African l\Iethodist Episcopal Church, of Frederick, Md.- Pensions. to the Committee on War Claims. By Mr. PEARRE: A bill (H. R. 17046) granting an increase .Also, a bill (H. R. 17081) for the relief of the heirs of Henry of pension to Augustus Bender-to the Committee on InYalid N. Harris, deceased, lute of Montgomery County, Md.-to the Pensions. Committee on War Claims. Also, a bill (H. R. 17047) granting a pension to Louis Spind- Also, a bill (H. R. 17082) for the relief of the heirs or legal ler-to the Committee on lnYalid Pensions. representatives of Frederick Wyand, deceased-to the Commit- .Also, a bill (H. R. 17048) granting a pension to John T. tee on War Claims. Walsh-to the Committee on Invalid Pensions. Also, a bill (H. R. 17083) for the relief of the heirs of Ben- .Also, a bill (H. R. 17049) granting a pension to Mrs. Joseph jamin Smith, deceased-to the Committee on War Claims. Lashorn-to the Committee on Invalid Pensions. Also, a bill (H. R. 17084) for the relief of the heirs of Adam Also, a bill (H. R. 17050) for the relief of Thomas J. Austin- S. Showman, deceased-to the Committee on War Claims. · to the Committee on War Claims. Also, a bill (H. R. 17085) for the relief of heirs of George Also, a bill (H. R. 17051) for the relief of George M. Smith, E. House, deceased-to the Committee on War Claims. of Newmarket, l\Id.-to the Committee on War Claims. Also, a bill (H. R. 170 6) for the relief of the heirs of Jasper Also, a bill (H. n.. 17052) for the relief of Sampson Kinnea- M. and Ann D. Jackson, deceased-to the Committee on War to the Committee on War laims. Claims. Also, a bill (H. R. 17053) for the relief of Elizabeth Cramer, AJso, a bill (H. R. 17087) for the relief of the heirs of Bur- administratrix of J. Heury Cramer-to the Committee on War , gess Hammond, deceased-to the Committee on War Claims. Claims. ~7) for the relief of the est:lte of to the Committee on War Claims. Thomas Walters-to the Committee on War Claims. Also, a bill (H. R. 17064) for the relief of Charles R. Also, a bill (H. R. 17098) to remoye the charge of desertion Hooper-to the Committee on Claims. from the record of Henry Hull-to the Committee on :Military Also, a bill (H. Il. 17065) for the relief of Jacob Poss-to the Affairs. Committee on War Claims. AJso, a bill (H. R. 170!)9) to remove the charge of desertion Also, a bill (H. R. 17066) for the relief of Barney McKay- from the record of George W. Keeney-to the Committee on to the Committee on Claims. :Military Affairs. Also, a bill (H. R. 17067) for the relief of Dixon N. Gar- Also, a bill (H. R. 17100) to remoye the charge of desertion linger-to the Committee on Claims. from the record of John H. Sweitzer-to the Committee on M1li- Also, a bill (H. R. 17068) for the relief of Adam Koogle-to tary Affairs. the Commi!tee on Wa~ Claims. . . Also, a bill (H. R. 17101) to remove the· charge of desertion Also, a bill (H. R. 11069) for the rellef of Elizabeth Cramer, from the record of Thomas CouahJin-to the Committee on llili- adD?inistratrix of J. Henry Cramer-to the Committee on War tary Affairs. b Claims. . ~ _ . . . . . Also, a bill (H. R. 17102) to remove the charge of de ertion Also, ::1 bill (H. R. lJOlO) fo1 the rel.1e~ of the council of Z1on from the record of Tobias K. Brenner-to the Committee on Ernng~llcal Luthe.ran Church, of Willmmsport, .Ud.-to the 1\1ilitary Affairs. Committee> .on Claims.,..,. . . . Also, a bill (H. R. 17103) to remove the charge of desertion Also, a bill (ll. R. 11071) for the rellef of Francis C. Renner from the record of Thomas Sedgwick-to the Committee on and ~· A. Renner, exec~tors of Isaac Renner, deceased-to the 1\Iilitary Affairs. b · Committee ou War Olauns. ·n (H R 1""104) t h · Also, a bill (H. R. 17072) for the relief of Richard T. Gott, . Also, a b.1 . . . '· . o remove t e charge of dese1:tion administrator of Thomas N. Gott, deceased-to the C 'tt from. ~he record. of William H. Reynolds-to the Comnuttee . ommi ee on :U1lltary Affairs. onAf;g,i~sbill (H. R. 17073) for the relief of La Grange Lodge, . Also, a .bill (H. R. 17105) to re~ove the charge. of deserti.o~ No. 36, Inclepeudent Order of Odd Fellows, Boonsboro, Md.-to fr~m the ~?cord of S.amueJ A. Motter to the Cornnuttee on l\Iih- the Committee on War Claims. tary Affaus. Also, a bill (H. R. 17074) for the relief of James H. Fol·- Also, a bill. (H .. R. 17106) to carry out the findin¥s of the svthe executor of the estate of William Forsythe-to the Com- Court of ClaIIDs m the case of Hagerstown and l\l1dd1eburg ~itte~ on Claim . Turnpike Company, Hagerstown, l\Id.-to the Committee on War .Also, a bill (H. R. 17075) for the relief of Agnes Berry Claims. Crawford, sole heir of Otho Williams, deceased-to the Com- Also, a bill (H. R. 17107) to carry out the findings of the rnittee on War Claims. Court of Claims in the case of Jacob R. Adams-to the Com- Also, a bill (H. R. 17076) for the relief of the trustees of the mittee on War Claims. Ebenezer .African Methodist Episcopal Church, of Hagerstown, A.Jso, a bill (H. R. 17108) to carry into effect the findings of l\1d.-to the Committee on War Claims. the Court of Claims in the matter of the claim of the estate of Also, a bill (H. n. 17077) for the relief of the rector, war- Henry Show, deceased-to the Committee on W.ar Claims. dens, and vestry of St. Paul's Protestant Episcopal Church, Also, a bill (H. R. 1'7100) to carry into effect the findings of Sharpsburg-Antietam varish, Washington County, Md.-to the the Court of Claims in the matter of tlle clnirn of the estate of Committee on ·war Claims. Elijah Thompson, decease

By Mr. PETERS: A bill (Il. R. 17112) granting an increase of Also, a bill (H. R. 17146) granting an increase of pension to pension to Daniel Martin-to the Committee on Invalid Pen­ Con rad Baker-to the Committee on Invalid Pensions. sions. Also, a bill (H. R. 17147) granting an increase of pension to By hlr. RODEJ_ TBERG: A bill (H. R. 17113) granting an in­ James W. Reese-to the Committee on I11\alid Pensions. crease of pension to George W . Johnston-to the Committee on Also, a bill (H. R. 17148) granting an increa e of pension to Invalid Pensions. John F . Potter-to the Committee on Invalid Pensions. Also, a bill (H. R. 17114) granting an increase of pension to Also, a bill (H. R. 17149) granting an increase of pension to Andrew J. Johnson-to the Committee on Invalid Pensions. Dennis Dyer-to the Committee on Im~alid Pensions. Also, a bill (H. R. 17115) granting an increase of pension to Also, a bill (H. R. 17150) granting an increase of pension to Samuel J . Nichols-to the Committee on Invalid Pensions. Edward Prentice-to the Committee on Invalid Pensions. Also, a bill (H. R. 17116) granting an increase of penston to Also, a bill (H. R. 17151) granting an increase of pension b J ohn P. Brown-to the Committee on Invaliis-to the Committee on Invalid Pensions. crease of pension to E. M. Riddle-to the Committee on In­ · .AI o, a bill (H. R . 17119) granting an increase of pension to -valid Pensions. Martin Schubert-to the Committee on Invalid Pensions. Also, a bill (H. R. 17154) granting an increase of pension t o Also, a bill ( H. R. 17120) granting an increase of pension to Carr Nichols-to the Committee on Invalid Pensions. William B. Wright-to the Committee on lnYalid Pensions: Also, a bill (H. R. 17155) granting an increase of pension t o By Mr. SMITH of Michigan: A bill (H. R. 17121) granting a Korman D. McOown-to the Committee on Invalid Pensions. pension to John W. Munsell-to the Committee on Invalid Pen­ Also, a bill (H. R. 17156) granting a pension to George W . sions. Lyons-to the Committee on Invalid Pensions. Also, a bill (H. R . 17122) granting a, pension to Abigail Ran­ By Mr. BOUTELL : A bill (H. R. 17157) granting a pension ney-to the Committee on Invalid P ensions. to John R. Sherwin-to the Committee on Invalid Pensions. By Mr. SMITH of Texas : A bill (H. R. 17123) for the relief Also, a bill (H. R. 17158) granting an increase of pension to of the widow and heirs of John A. E. Knight, deceased~to the Aloisia Erbe-to the Committee on Invalid P ensions. Committee on War Claims. By Mr. STEENERSON: A bill (H. R . 17124) grantinO' an increase of pension to E . N. Falk-to the Committee on Invalid PETITibNS, ETC. Pensions. Under clause 1 of Rule XXII, the following petitions and By Mr. 'STURGISS: A bill (H. R . 17125) granting an in­ papers were laid on the Clerk's desk and referred as follows: crease of pension to Samuel J. Hilemn.n-to the Committee on By Mr. .ANDREWS : Petitions from citizens of the Territory Invalid Pensions. of New Mexico, praying Congress not to pass S. 404, entitled Also, a bill (H. R. 17126) granting a pension to Samuel T. "A. bill for the proper observance of Sunday as a day of rest in J ones, alias Thomas Jenkins-to the Committee on ln\alid the District of Columbia," etc.-to the Committee on the Dis­ Pensions. · trict of Columbia . . By Mr. SULZER : A bill (H. R. 17127) granting a pension to Ann E. Farley-to the Committee on Invalid Pensions. Also, petition of citizens of Otero County, N. Mex., favoring By Mr. THOMAS of North Carolina: A bill {H. R . 17128) amendment of act of Jun-e 27, 1890, act of April 19, 1908, and other acts providing for age pensions-to the Committee on In­ . to correct the military record of .James B . Waters-to the Com­ valid Peasions. mittee on Military .Affairs. l3y Mr. TILSON : A bill (H. R . 17129) granting an increase By Mr. BARNHART : Petition of Polish organizations and of pension to Kate A. Wilson-to the Oommittee on In\alid the Polish press of the United States, against the Polish expro­ . Pen ions. priation bill adopted by the Prussian Diet-to the Committee on Foreign .Affairs. Al. o, a bill (H. R. 17130) for the relief of the next of kin of Stewart & Co. and the heirs of C. A. Weed, for whom A. P . H. Also, petition of citizens of Indiana, against S. 404-Sunday Stewa rt was agent-to the Committee on War Claims. obserTanee in the District of Columbia-to the Committee on By Mr. TOU VELLE: A bill (H. R. 17131) granting an in­ the District of Columbia. crease -0f pension to William M. Kiggins-to the Committee on Also, petition of Grand Army of the Republic posts of Nap­ Inmlid Pensions. panee, Syracuse, North Manchester, Keewana, and Warsaw, Al o, a bill (H. R. 17132) granting an increase of pension to fa\oring passage of the Barnhart pension bill-to the Committee Isaac Parker-to the Committee on In\alid Pensions. on Invilad Pensions. By Mr. UNDERWOOD: A bill (H. R . 17133) granting an Also, petitions of citizens of Middleburg, Rochester, New Car­ increase of pension to Katherine S. Finlayson-to the Commit­ lisle, and Goshen, Ind., against ·parcels-post legislation--to the tee on Pensions. Committee on the Post-Office and Post-Roads. By l\Ir. WASHBURN: A bill (H. R. 17134) granting an in­ Also, petition of many citizens of Indiana, favoring parcels­ crease of pension to Ralph Beaumont-to the Committee on· In­ post legislation as embodied in Senate bill 5122-to the Com­ valid Pensions. mittee on the Post-Office and Post-Roads. By Mr. WEEKS: A bill (H. R. 17135) for the relief of Pat- By Mr. BOWERS: Paper to accompany bill for relief of 1ick Rattigan-to the Committee on Claims. Henry S. E\ans-to the Committee on Invalid Pensions. By Mr. WILSON of Pennsylvania: A bill (H. R. 17136) By Mr. CALDER : Petition of Workmen's Federation, State granting an increase of pension to Oecile 0. Hamill-to the of New York, favoring a national eight-hour law-to the Com­ Committee on Inrnlid Pensions. mittee on Labor. Also, a bill (H. R. 17137) granting an increase of pension to By Mr. CARLIN: Paper to accompany bill for relief of Ann Joseph S. Mo1·ris-to the Committee on Invalid Pensions. Estes-to the Committee on War Claims. Also, a bill (H. R. 17138) granting an increase of pension to By l\lr. CLARK of Florida: Paper to accompany bill for relief Andrew Douglass-to the Committee on Invalid Pensions. of Columbus Hill-to the Committee on In\alid Pensions. Also, a bill (H. R. 17.139) granting an inci·ease of pension to By Mr. CLINE : Papers to accompany bills for relief of Erner E. Irons-to the Committee on Invalid Pensions. Joseph Grice, Elias Stoneburner, and William T. Hissong-to Al o, a bill (H. R. 17140) granting an increase of pension to the Committee on Invalid Pensions. Henry Harer-to the Committee on lnYalid Pensions. By Mr. DAVIS: Petition of Department of Minnesota, Grand Also, a bill (H. R. 17141) granting an increase of pension to Army of the Republic, favoring an act to create a national George Muchler-to the Committee on Invalid Pensions. soldiers' cemetery of the Andersonville prison grounds-to the Also, a bill (H. R. 17142) granting an ·increase of pension to Committee on Military Affairs. John Kennedy-to the Committee on Invalid Pensions. By Mr. DAWSON: Petition of marine engineers of Hawaii, Al o, a bill (H. R. 17143) granting an increase of pension to against suspension of the

Also, petition of National Association of Manufacturers, for obserrnnce of Sunday in the District of Columbia (H. J. Res. ship subsidy-to the Committee on the Merchant Marine and 17; S. 404)-to the Committee on the District of Columbia. Fisheries. Also, paper to accompany bill for relief of Dederich Beckman~ By Mr. FOCHT: Paper to accompany bill for relief of Alex­ to the Committee on Invalid Pensions. ander EYerbart-to the Committee on Military A.ffairs. By Mr. KRO~ .MILLER: Paper to accompany bill for relief By l\fr. FOSS: Paper to accompany bill for relief of William of Thomas J. Hooper, administrator of James Hooper, de­ Hay-to the Committee on Invalid I,ensions. ceased-to the Committee on Claims. By Mr. FOSTER of Illinois: Petition of William Smith Post, By Mr. L.A.FE.A.N : Papers to accompany bills for relief of No. 167, Grand Army of the Republic, of Patoka, Ill., favocing Daniel R. Snyder and Catherine Stealey-to the Committee on National Tribune pension bill-to the Committee on Inrnlid Invalid Pem;ions. Pensions. By Mr. LAl'mHAM: Petition of Patriotic Order Sons of By Mr. FULLER: Petition of Alaska Territorial Club, of America, favoring abrogation of Russian extradition treaty-to Valdez, Alaska, favoring statehood for the Territory of Alas­ the Committee on Foreign .Affairs. ka-to the Committee on the Territories. By .Mr. LL ~ DBBR G H: Resolution by the city council of the Also, petition of 19 retail merchants of Belvidere, Ill., protest­ city of Minneapolis, Minn., pledging the city of Minneapolis to ing against the passage of the proposed parcels-post law-to the join with the city of St. Paul to pay additional cost of increas­ Committee on the Post-Office and Post-Roads. ing height of dam now under construction by the Government Also, petition of the National Irrigation Congress, in favor of between Minneapolis and St. Paul-to the Committee on Rivers legislation concerning arid and swamp lands, etc.-to the Com­ and Harbors. mittee on Irrigation of Arid Lands. By Mr. LIVINGSTON: Paper to accompany bill for relie:f o~ Also, petition of Illinois Lumber Dealers' .Association and the heirs of Susan Fickett-to the Committee on War Claims. Illinois Mason Supply Association, of Illinois, in favor of amend­ By Mr. LOUD: Petition of North Michigan Tract Society, of ments to the corporation-tax clause of the Payne tariff bill-to Petoskey, Mich., against the Johnson Sunday bill-to the Com­ the Committee on Ways and Means. mittee on the District of Columbia. By Mr. GOULDEN: Petition of American Shipbuilders' As­ Also, petition of members of the Crawford Grange, of Gray­ sociation, fa•oring extension of the coastwise shipping laws­ ling, Mich., for a national highway commission and an appro­ to the Committee on the Merchant Marine and Fisheries. priation for the improvement of highways-to the Committee Also, petition of Workingmen's Federation, favoring a na­ on .Agriculture. tional eight-hour law-to the Committee on Labor. By l\fr. LOWDEN: Petition of Oregon Post, Grand Army of Also, petition of Workingmen's Federation, favoring the pilot­ the Republic, Department of Illinois, favoring the National age system-to the Committee on the Merchant Marine and Tribune pension bill-to the Committee on Invalid Pensions. Fisheries. Also, petition of Brotherhood of the Embury Methodist By Mr. GR.A.FF: Petition of citizens of Todd and Walnut, Episcopal Church and Federation of Women's Clubs, favoring Ill., against a pa1·cels-post law-to the Committee on the Post­ the Mann white-slave bill-to the Committee on Interstate and Office and Post-Roads. Foreign Commerce. By l\fr. GR.A.HAM of Illinois: Petition of Springfield Build­ By Mr. MACON: Papers to accompany bills for relief of ing Trades Department, .American Federation of Labor, favor­ Samuel A . .Mahar and Isaac Hust-to the Committee on Invalid ing le"'islation for .Asiatic exclusion-to the Committee on Im­ Pensions. migration and Naturalization. By Mr. MILLINGTON: Paper to accompany bill for reli-ef By Mr. GRIEST: Petition of residents of Marietta, Pa., of Anna M. Blodgett-to the Committee on Invalid Pensions. favoring H. R. 14604-establishment of an urban mail delivery By Mr. NEEDH.A.l\f: Petition of Chamber of Commerce of and collection service at post-offices of the second ancl thirtl San Francisco, board of supervisors of the county of Fresno, classes-to the Committee on the Post-Office and Post-Roads. and Stockton Chamber of Commerce, favoring an appropriation By l\fr. H.A.1\IER: Petition of George E. Crumb and 11 others, of $400,000 for improvement of the Sacramento and San J oa­ of Lewistown, Idaho, for legislation allowing postal clerks legiti­ quin rivers-to the Committee on Rivers and Harbors. mate expenses while traveling in discharge of the government Also, petition of Stockton ( CaL) Chamber of Commerce, bu iness-to. the Committee on the Post-Office and Post-Roacls. favoring H. R. 2694, by Mr. HUMPHREY of Washington-to the By 1\Ir. HAMILTON: Petition of citizens of Gobleville, Bloom­ Committee on the Merchant Marine and Fisheries. ingdale, Bangor, Hartford, Lawrence, Paw Paw, Lawton, De­ Also, petition of California Fruit Growers' A8sociation, fayor­ catur, Dowagiac, Niles, Buchanan, Three Oaks, Otsego, Allegan, ing establishing a federal line of steamships on the Pacific-to Fennville, Wayland, Plainwell, Hastings, and Nashville, all iu the Committee on the Merchant Marine and :F'i heries. Michigan, against a parcels-post law-to the Committee on the By Mr. POIND~"\:TER: Petition of Seattle Chamber of Com­ Post-Office and Po t-Roads. mirce, favoring Lake Washington ship canal-to the Committee Also, petition of the Temperance Conference, representing 21 on Rivers and Harbors. · national and international organizations devoted wholly or Also, petition of Hiram Burnham Post and E. J. Hampton partially to temperance reform, as follows: Woman's Christian Post, Grand Army of the Republic, Kettle Falls, Wash., for Temperance Union; Anti-Saloon League; International Reform the National Tribune pension bill-to the Committee on In­ Bureau; National Temperance Society; National Prohibition valid Pensions. Society; Scientific Temperance Federation; National Prohibi­ Also, petition of Kettle.Falls (Wash.) Ohamber of Oo l..!1 merce, tion Committee; Young People's Christian Temperance Union· for appropriation to improve the upper Columbia River-to the Good Templars; Sons of Temperance ; Rechabites ; America~ Comrnittee on Rivers and Harbors. Society for Study of .Alcohol and other Narcotics; Inter-Church Also, petition of San Francisco Chamber of Comm~rce, re­ Temperance Federation; International Sunday School Associa­ garding shipping regulations of the Pacific coast, etc.-to the tion, Temperance Department; Blue Button Army; Twentieth Committee on the Merchant Marine and Fisheries. Century Pledge Signing Crusade; Church Temperance So­ By Mr. SHEFFIELD : Papers to accompany bills for relief of ciety; Lord's Day .Alliance; Purity Federation; Vigilance Com­ William H. 1\IcGunigle (H. R. 9267), George A. Earle (H. R. mittee; National Federation of Churches; Social Service Com- 7486), John l\fcLaus (H. R. 9266), Sylvester C. Baker (H. n. . mi sion; Christian Endeavor; Citizenship Department, Young 74 5), Jennie S. Tate (H. R. 10648), Sarah .A. P eck (H . R. Men's Christian Association; Young Women's Christian Asso­ 10650), George L. Nye (H. R. 10651), Sarah A. Hunt (H. R. ciation; Volunteers of .America; and the Salvation Army, for 10654), George Dempster (H. R. 10655), Patrick Connors (H. R. passage of the Sims bill ( H. R. 7522), amending act prohibiting 10656) Lewis M. Boria (H. R. 10658), Mary J. Wadington sale of intoxicants to Indians-to the Committee on Indian (H. R. 11702), George C. Simmons (H. R. 13264), Stephen F. Affairs. Blanding (H. R. 13265), and Charles C. Henry (H. R. 15641)­ By Mr. IDLL: Petition of Current Events Club, of Westport, to the Committee on Invalid Pensions. Conn., favoring preservation of the Hetch-Hetchy Valley Cali- By l\ir. STURGIS: Paper to accompany bill for relief of fornia-to the Committee on Agriculture. ' James Allender-to the Committee on In>alid Pensions. By Mr. HOWELL of New Jersey: Petition of Samuel F. 1\Ic­ By 1\Ir. SULZER: Petition of Workingmen·s F ederation of Cloud, of Long Branch, N. J., favoring ex-prisoners of war pen­ the State of New York, favoring a national eight-hour law-to sion bill-to the Committee on Invalid Pensions. the Committee on Labor. By 1\Ir. HULL of Iowa: Papers to accompany bills for relief Also, petition of National Grand Army of the Republic En­ of .Jo iah C. Jameson, Sarah J. Littleton, Jonathan Ulum, R. T. campment, favoring H. R. 5036 (Wilson Creek National l\fill­ Elson, and 1\1. C. Staves-to the Committee on Invalid Pensions. tary Park)-to the Committee on the Public Lands. By Mr. KENDALL: Petition of citizens of Batavia, Iowa, By l\ir. WASHBURN: Paper to accompany bill for relief of protesting against passage of bill in reference to the proper Ralph Beaumont-to the Committee on Invalid Pensions.