Congressional Record-Senate. January 10

986 CONGRESSIONAL RECORD-SENATE. JANUARY 10,

CHANGE OF REFERENCE. tlorf-Astoria protesting against the American-valuation plan· to the Committee on Ways and Means. ' Under clause 2 of Rule XXII, committees were discharged 3435. By lllr. 1~.PPLEBY: Petition of the Quiet Hour Club of from the consideration of the following bills, which were re Metuchen, N. J., urging the United States Government to protest ferred as follows : against the withdraw:tl of the French troops at present protect A bill (H. R. 4933) granting a pension to W ... W. Cooper; ing the Armenians ; to the Committee on Military Affairs. . Committee on Invalid Pensions discharged and referred to the 343G. By Mr. DARROW: Memorial of the Philadelphia Board Committee on Pensions. of Trade, opposing the extension of the activities of the War A bill (H. R. 9147) granting a pension to William Lehman; Finance Corporation ; to the Committee on Banldng and Cur Committee on Pensions discharged and referred to the Com rency. mittee on Invalid Pensions. 3437. By l\Ir. GALLIVAN: Petition of Tel-U-Wbere Co., of A bill (H. R. 9759) granting a pension to Mary E. Hulen ; Boston, Mass., suggesting certain cash-an-delivery postage per Committee on Pensions discharged and referred to the Com mit plans; to the Committee on the Post Office and Post Roads. mittee on Invalid Pensions. 3438. Also, petition of the E. E. Taylor Co., of Boston, Ma s. prote ting against duty of 2 cents per pound on Cuban sugaif : PUBLIC BILLS, RESOLUTIONS, Ai~D MEMORIALS. to the Committee on Ways and Means. ' 3439. By l\1r. KISSEL: Petition of the 1 Tew York State L'l.X Under clause 3 of Rule XXII, bills, resolutions, and memorials cleparbnent, relati'le to House bill 9579; to the Committee {)n were introduced and severally referred as follows: Bankin-g and Currency. By Mr. BUTLER: A bill (H. R. 9799) to continue tw'til June 3440. By 1\Ir. MAcGREGOR: Resolution ndopt-ed at a session 36, 1923, the Nav.al:t\Iilitia as a part of the Naval Reserve Force; of the cotmcil of the city {)f Buffalo, held on the 4th uay of to the Committee on Naval Affairs. _ January, 1922, relative to exce ive eoal prices; to the Com By Mr. DOWELL: A bill (H. R. 9800) to amend section 1 of mittee on InterEtate and Foreign Commerce. the act entitled "An act making appropriations for the service of the Post Office Department for the fiscal year ending June 30, 1913, and for other purposes," approved August 24, 1912, as amended; to the Committee on the Post Office and Post Ro~ds. SENATE. By Mr. HICKS: A bill (H. R. 9801) for the acquisition of certain land as a site for a na al aviation station at Gal\eston, TvE DAY, J a1 um y 10, 19~f2 . Te:x:.; to the Committee on Naval Affairs. TlH~ Chaplain Uev. J. J. 1\Iuir, D. D., offereu th following By Mr. l\IADDEN: A bill (H. R. 9802) to increase the rate prayer : for the use of market spaces on the north ide of B treet along the south front of Center Market, 1\ a hington, D . C.; to Alrujghty God, from whom orne all ble ~ in<>' an<1 direction in the Committee on the District o:f Columbia. the great a ffnirs of life, we ·would humbly r In-esent before By Mr. APPLEBY: Joint resolution (H. J. Re". 252) propo ing Thee our neads and . eek from Thee guidance to-uay and every an amendment to the Constitution of the United States; to the day, ·o that we may li.-e ace ptably before 'rhee. 'Ve pray for Committee on Election of the Pre ident, Vice President, and direction H1i" morning. G:rant unto bim who a . sumes t{}-day Representatives in Congress. gra'\"e respon ibility the wisdom that corn th from above. l\fay. By Mr. ARENTZ: Joint resolution (H. J. Re . 25.3) extending he antl aU others in connection with this honorable as ·embly tl1e time for the performance of certain acts unue1· the act {}:f find it their higlH~st plea ure to do the wm of God and serve the Congress approved Februal'y 25, 1920, entitl-ed "An act to pro Nation_accordinrrly. We ask in .Je us Christ's name. Amen. mote the mining of coal, phosphate, {}i], oil shale, ga , and The reading clerk proceed(>(} to read the Journal of ye~er-.. sodium on the public domain," and for other purposes; to the day's proceed ing ~ , when, on request of Mr. Looo:n: .and by unani Committee on the Public Lands. mous con ~ eut. tbe nuther reading wa di. p n ed 'Tith and the By l\1r. FOCHT: Joint re olution (H. J. Res. 254) amending Joumal was_.approved. ection 764 of the act entitled "An act to establish a code of law for the District of Columbia," approved March 3, 1901, as SE~ATOll J..JlO:hi PE~NSYLYANIA, amended; to the .Committee on the Di trict of Columbia. :\fr. LODGE. Mr. Pr ident, I pre e-nt t11e cred ntial of GEORGE WHABTON PEPPEil, a citizen of the , tate of ennsylvnnia, PRIVATE BlLLS AND RESOLUTIONS. appointed by the governor to Jill the existing \acan y in the Sen ate from that State. Under clause 1 of Rule XXII, private bills and resolutions The VICE PRE ID~ ~T . Tbe r d the cre- were introduced and severally refen·ed as follow : dential . By Mr. DARROW: A bill :H. R. 9803) authorizing the Presi The ~\_:;sistant ecretary read as follow. : dent to appoint Philip P. Heron to the position and rank of l:\ THF. ~-DlEl A:\D DY ~t: T JIORT1..'Y OF TtrE captain of Quartermaster Corps in the United States Army; Co ~.DIO~WEALTH oF P.E.N::s-sn,~A:IliA, to the Committee on Military Affairs. · Ea:ecuti.,;c D partment. By Mr. KINKAID: A bill (H. R. V804) granting a pension To the Prcsid nt of 1116 Benaf;(, of Ute Unit d States: to Helen M. Holt; to th Committee on Invalid Pensions. This j. to ce r tif~ tbat pm:suant to the power vested in m by the Constitution of the United State anu .tbe laws of the State of l'enn syivnnia, I, Willia m C. Sproul, tbe governo1· of aid State, do hereby appoint GEonoE WHAllTO)l PEPPEu · a '~nator from said tate, to l'epre PETITIONS, ETC. sent said tate in the Senate of tbe Unit~d tates until the vacancy therein, caused by til€ death of tbe Hon. Boms PENROSE, is :filled by eJec Umler clau e 1 of Rule XXII, petitions and papers \Vere laid tion, as provided by Jaw. on the Clerk's desk and referred as follows: Witness: His excellency our governor, and our eal hereto a1Iixru a.t Harri burg, this ()tb day of January, in the ye:u: of om· Lord 192:l. .3431. By the SPEAKER (by request) : Copy of a r esolution [SEAL.] W' M. C. , PROUL, GOVCI"IIOr. adopted by the members and friends of the Kenwood Methodist Hy tbe governor : Episcopal Church, of Milwaukee, Wis., urging that nothing be BER)lAUD J. ::Un:ns, clone to weaken the eighteenth amendment-the Volstead Act, Secretaru of the Comm{)m.c alth. as strengthened by. the Willis-Campbell Act-and that full meas The VICE PRESIDE..~T. The y Senator.. 1922. CONGR.ESSIONAL RECORD--SENATE. 987

PETITro_-s AND MEMORLlLS. bringing hardship and, indeed, actual want upon a certain class l\Ir. LADD presented a re olution adopted by the Alfalfa of employees, and I know that Congres · will not undertake to do Grange, of Grand new, Idaho, favoring the enactment of Senate such a thing. I feel like saying to the employees that if they bill ~604, the so-called Ladd honest money bill, which was re desire to join a Federal union they may .do so and pay their ferred to the Committee on Banking and Currency. money to the said union, but it is not going to influence Congress He also pre ented a resolution adopted at a meeting of Royal one iota as to the bonus or any othet· legislation. Arch 1\Iasons of the fifth Masonic district of North Dakota, held This statement will be an an ·wer to the many, many letters at Li::;bon, X Dak., January 3, 1922. favoring the enactment of that I have received from yariou Government employee~. legislation creating a department of education, which wa re There is no necessity for the drh·e, there is no necessity for the fernid to the 'ommittee on Education and Labor. employees being disturbed over the matter, and I am quite sure He also pre ented 12 petitions of sundry citizens of Hampden, when I say this that I voice the sentiment of both the House and Edmore, Loma, Galesburg, Hope, Hunter, Driscoll, Steele, Rock the Senate. lal{e, W'heelock, Carpio, Fessenden, Merricourt, Tioga, Kintyre, l\Ir. KING. Mr. President-- l\larion, anVirginia two of the cannon surrendered Committee, Woodwar·d Building. Washington, D. C.] by the British at Yorktown on October 19, 1781, reported it SECO •o A N NlVEUSARY OF 'l'HE LEAG"GE-THE L E a G UE OJ.l' N AT!O:-IS W~ S 2 with amendments and ubmitted a report (No. 397) thereon. YEARS OLD ON JA.NG ARY 10. The following resume of t he league's activities and a ccomplishments ~ rr. CAPPER, from the Committee on Military Affairs, to to date was prepa red by the League of ~ations ~ew s Bureau : whic: ll wa · referred tlle bill ( S. 2824) to extend the provisions of section 2305, Revised Statutes, and of the act of September C O~STITUE~ CY ANO CH.L\RA.C'I'ER OF THE LEJAGUiil. Two years ago when the league ca me into being it wa · composed or 29, J919, to those discharged from the military or naval service but 13 former allied powers. 'ince then all the allied power:< , except of the United States and subsequently awarded compensation America, have joined; the 13 former neutral powet·s invited to adhere or freated for wounds received or disability incurred in line have done so; and 2 of the 4 ex-enemy States and hall a dozen new of (luty, asked to be discllarged from its further consideration States born in the wal' have been admitted. To-day, on its second anniversary, the league numbers til nations, t he largest collectiou of and that it be referred to the Committee on Public Lands and States ever brought together. Sun·eys, which was agreed to. In those two years there ha:; been built up a loo e, flexible associa tion of cooperating nations able to focus attention on any international BILLS I~TRODUCED. problem from a purely humanitarian project to the most serious diplo Bill. were intl'oduced, ·read the fir t time, ancl, by unanimous matic issue. The outline of a general international ·tructure has been drawn to be filled in as time and experience ~ ~m t o justify. In cer consent, the second time, and referred as follow·: tain major matters of common int erest most of the world's nations, By 1\lr. STERLING: whether of Europe, the Aruericas, Asia, or Africa, have learned to con .A bill ( . 2953) for the relief of Fred K Dunllam ; to the fer about a common table. There are now functioning an annual assembly of 51 nations· a Committee on Claims. council of the 8 larger •nations; a permanent court or justice ; a per A bill ( S. 2954) granting an increase of pension to Wilbur A. manl'nt secretariat; t echnical organizations on interna tional healtll. Ric-hardson (with accompanying papers) ; to the Committee on finance, economics, and freedom of communications and tmnsit ; :111 international labor office ; permanent committees on armaments anrt Pem:ions. mandates; special bodies on the suppression of the international opium By l\Ir. LODGE: and white-slave traffics, repatriation or prisoners, the relief or typhus A bill (S. 295G) granting a pension to Helen G. Noyes (with in Poland, the protection oC minorities, a ud the adminktration of the accompanying papers ) ; to the Committee on Pensions. Saat· Basin and the free city of Danzig. BOXL"S C'OMPE N ATION FOR GOVERNMENT EMPLOYEES. ' lrPlNG WAllS IN THil BUD. 1\Ir. I The league's firs t task, of course, i • to prevent war. Already five SMOOT. Mr. President, have received a great many disputes threatening worlll peace have been brought before it. Three letters from Government employees asking me whether it was have been settled finally and two are in negotiation. Procedure wholly necessary for them to join a Federal Employees' Union in order new in diplomacy has been used on several occasions, but force never. The first conflict settled was that between Sweden and Finland over that they may receive the bonus for the coming fiscal year. If the strategic Aaland Islands. when detailed negotiations gave the sov there had been only a few of such letters, I could have an ereignty of the islands to Finland, assured absolute protection to their swered them all; but there have been so many of them that I predominant Swedish population, and effectl'd their neutmlization deem it right and proper to make a statement to the Senate with through a 10-power treaty. Second was the Polish-Litbuanian ui. pute, where the league has pre reference to tlle matter. vented the ;hostilities threatened by Zoligovski's seizure of Yilna and Every Senator has undoubtedly noticed the drive that is offered a project of settlement which is still being negotiated. being made among Government employees to get them to join Third was the Upper Silesia dispute. which because of the deadlock between Great Britain and France threatened the break-up of t ll e t11 e union, it being given as a reason that every Government Entente and which was solved only when the league was called in a nd employee ougllt to do it because of the fact that in so doing drew up an entirely new fot·m of solution safeguarding economic as they can thu force tlle Congress to act favorably upon the well as nationality interests. Fourth was the Jugo-Slav inva ·ion of .Albania. when Lloyd-George's bonu · for the coming year. telegram to the league requesting the application of the economic I nm going to take this means of saying to the Government blockade against Serbia for having begun hostilities without arl;>itra emt)loyees that it is not necessary for them to join any union tion, and immediate public es. ions of the councils sent Jugo-Slav exchange tumbling, held up an important loan. and forced the Jugo with the thought that by so doing they are going to change any Slav Government to withdraw its tl"Oops behind the ft·ontier. action of Congress in relation to the bonus. I have no idea that Finally the three-cornered Tacha-Arica dispute waR argued at length Congress is going to take $240 off of the pay of the employees of In public session on demand of Bolivia, and although the r<>sults were not conclusive it is interesting to note that Chill' has sincP initiated the Gowrnment if th(> reclnssificatio bill is not enacted into direct negotiations with Peru on the question and has definit<'ly pro law uy July 1, 1922. Iu some cases it could not be done without posed a plebiscite. CONGRESSIONAL !R.EOORD- SENATE. JANUARY 10 988 '

Rl'l 10\I~G CAUSES OF WAR. S-UMMARY. ·But the mere settlement of disputes already arisen is not sufficient , · IJ?- the past two years, then, it may safely be said that the League o! guaranty of peace, for if disputes are allowed to develop until they Nabon.s has built up a flexible structure for international cooperation; beeome critical, the time is certain •to come when one amongst them · ill 'haS S?lved -several !'erious contlicts between nations and establishetl the get out Df thand and the world's peace be again ruptured. Consequently, machmery for solvmg others that may arise ; ·has begun the creation: •of an even more constructive work has been undertaken, first in .setting · a 'n~w kind of international law; has advanced certain highly humani about removin"' as many general causes of difficulty as possible, and, tal'Ian projects ; has p-rovided a broad forum for international confer second, in provYding a permanent machinery to be ready at all times. en~ whether on general or technical questiDns; and demonstrated that nations can .cooperate witkout losing tbeir overeignty, without using ASSEMBLY. force, and w1th mutual advantage to a.ll. The crown of tbat wol'k is the assembly, where representatives uf the 51 league members come together automatically on tbe first Monday Members ot the League of NOrtions-51 flaUona. in every September to discuss any question whiCh any nation wishes , NAME AND POPUirATIO~ OF NaTION. to bring up as affecting the pea.ce or well-being of the 'world: Through ' its two sessions at Geneva the assembly :has become a well-oiletl, Albania------850,000 smooth-running forum, without power of compulsion but with great Argentina------8,533,332 moral authority. 1 COUNCIL. !~g;~ ~-==:==:======:======g:i~~:5&~ Belgium ------7,£00, 000 The council, consisting of representatives .o.f Great Btitain, ..Franee, ltaJy, and Japan permanently and of Belgium, 'Brazil, Spain, and China temporarily, will hold its sixteenth meeting -at Geneva to-day (January 10). It is a small, inf;>rmal body charged with the general direction §:~=~~~~~~~~~~~=~~~~~~~~~~~~~~~~~~~~~~~ a~Jii~ iti of the league and .al:Jle in emei·gencies .to meet on a week's notice. .It was just some such body as this that Sir 'Edward Grey failed to find g~ea -====::::::::::::::::::=:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 4ot: ~88: . g&g when the :Austrian crisis of '1914 IJlrecipitated the World War. Colombia ------5, 847, 000 SECRETARIAT. Costa Rica------460,000 The third central body is the secretariat, an international civil ~:hoSJovai~======:::::::::::::::::::::::::::::::::::::::::::::::: 12,soo,ooo service ·or about 250 -peo_ple and over 30 nationalities, charged with 'Denma-rk______§: 8l&:ggg carrying on all tbe daily ork of the league, serving as an interna ·Esthonia ------1,800,. 000 tional center of experts ·named ior fieir .knowledge rather than th~ir Finland------3, 300, 000 pOlitics, and specifically entrusted with the -puhlicatfon of all treaties France ------36, ·700, ·eoo registered by league members, some 250 of which have .already been Greece ------5, 000,!000 received. COURT. Next is the permanent court of international justice, a court of ·Jaw .Hollandii~fif~~~~~======(The Nethei'lands) ------•6;840,~:888;888·000 basing its judgments not on diplomatic adjustment but on legal prin Honduras------~ ------55a,4~6 ciple, and entrusted, with the council, in making effective the covenant's India ------:U9, 07;}, 132 fundamental principle -that no nation shall ~o to war wifuout arbitra Italy------~o. ooo,ooo tion or conciliation. Here the •league •has achieved its greatest single :Japan (Empire) ------77, 005, 112 triumph, for .as against the failure of The .Hague .and other canfer Latvia------1, 504,000 e:r:ces it has succeedetl in creating ·a court of '11 judges and 4 deputy LithuaniaLiberia ------______. _ _:_•______2, ooo,000, ,ooo000 judge-s, which will hold its first meeting on January 30. This court is of peculiar interest to .America because Elihu Root b lped draft its Luxemburg------~-----~------260,000 statute and .John Ba sett Moore sits as .one of its judge . New Zealand ------1, 218,.270 Nicaragua ------600, 000 TECHNICAL ORGAXIZ.ATIONS. ~orway ------2,700,000 Beyond the e bodies are the technical organizations. so called be Panama (with Canal Zone)------426,'879 cause dealing in technical questions.a.s distinct from political and diplo ·Paragu-ey ------1, 000, 000 matic. 'Most hi"hly developed is that on fre-edom: of communications Pe1:sia ------1D, 000, 000 and transit, ''~'hlch has already held an international meeting of 40 'Peru------3, n30,000 nations at Barcelona and worked out •draft treaties aiming to a sure a 'Poland ------24,.000, 000 readier 1l.ow of trade between nations ·bY removing certain o'f the un 'PoTtu~ ------6,000,000 necessary war barriers. Next is that on finance and economics, which Rumania ------17, 4.00, 000 directed the Bl·ru els financial conference of ·Some .35 nations, including Salvador------~------1,300,000 tbe United , tates and Germany, ·worked out the ·details ot the so-called _S~-rb-ClToat- lovene (:Jugoslavia)------11, 400, 000 Ter :Muelen saheme, and laid down a complete ·p.ro.gram for the recon S1am ----~------S, 900,.000 struction of Austria, which only awaits the release of liens by the l"nited States to be put into operation. Finally is he ·health ,organiza ~~ -~r!:~_::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::==::::::::::::::::::==::::::::::::::: 2%; ggg: ggg tion for coordinating the activities ·of •the ·various 'Ilations for the pre -sweden ------5, ·88.1, 000 vention of -world epidemics~.-as shown in •the work all"eally undertaken in Sw1~erland ------3,860, 000 h<•lping relieTe typhus in l:'olanil ·by mean of about a million dollars United Kingdom (England, I'Teland, Scotland, Wales)____ 47, 157, 74.9 t"ontributed by the member of the league, and in th • pre~IUlt confer Uruguay ------1,400,000 ence at London. which America ·is ofliciaUy attending, for the interna- Venezuela ------2, 4 , 000 tional standardization of antitoxic sera. · Nonmcm1Je7'8 •of tlie League of Nation ~1!J 'wtions. HtJ:t.iANITA.RIA::-J ACTIVITIES. XAl\IE AXD POPULATlON OF' • "A TlOl\'. Certain ·humanitarian tasks were also int.ru ted to th league in the Arm nian Republic (membership application pending)___ 7 , 000, 000 peace treatie . First is the oversight of the mandated territories con Azerbaijan (membership application pending)______5, 00 , 000 taining about 1.3,00D,OOO backward peoples. Though. the United States IHedjaz (membership application ;pending)------750, 000 . everal times delayed this work by protes~s on pomt , of detail, the Iceland (membership application 'Pending)------!13, 000 ·mandates or former German Southwest Afnca and the former German Liechtenstein (membership application pending) _____ ,:___ 10, 716 llacific islands were confirmd a year ago: the Japanese and the Austra Monaco (membership application pending)------22 !)56 lian Governments have already ·sent in the required annual reports; and ·San Marino (membership application pending)------1~: • 000 the permanent mandates commis ion, composed •of eolonial expe:cts, · Ukrainia (membership application pending)------46,·000, 000 begun its ·work of oversight. · Georgia (member league's technical organizations)------~. JOO, 000 At the arne tjme rthe Saar Valley, a •vital coal area of about 62.5,000 Abyssinia------s,oon,ooo people between Germany and France, has been administered for ov:er .a . ~ndorraDominican ------Republic ____ .. ______1, 000,~.231 000 year 'by a league comD?ission composed ·of a French,. .Belgian, ~ Danis.!J, . Ecuador ______: ______1,300 000 Canadian, and Saarlomsian member; anti tbe free c1ty of ..Danzig has ~en enabled to work •out its difficult ·relationships with Germany ana Gm.·man Republic ------60, 000, 000 Poland through the protection of the league. Similarly, some dozen Hungary ------7,'841. 000 treaties haTe been signed with nearly all the nations of eastern Europe Mexico ------16,•00 , 000 and the Balkans promising certain minimum rights to their racial, relig Russia ------136, 000, 000 ious or linguistic minorities .and recognizing the league as the agency ' Turkey------'8,000,000 ot interpTetation or appeal. , United States (Con.tinental) ------105, 710,•620 So also, two important prewar social projects haTe been taken over: 1 by the league. As regards the suppression of the _traffic in opium, the • The VICE BRESIDE1\TT. JUorning busine s js clo eel. xpert advisory committee has begun its work, and the council and tthe I AMENDMENT OF lowl.r bein~ ameliorated through the league. i The VICE PRESIDENT. The .pen.Uinoo que tiou will be TOWARD REDUCTION OF ARMAM:J!!:-iTS. -stated. Wllere the lengue has achieved least success is in reduction of arma .The AssmTA..~ SECRETARY. The amenntf;. Progr<> s ha been impossible in .naval questions berouse of America's absenee, and delayed in •military 'Dla.tters by .Europe's runstable ·Senator from Montana [Mr. WALSH], in the nature rof a ubsti political ·ituation. NcwTtheless certain preparatory work luis been tt"ute, rdenymg tthe right of Truman iEI. :rewberry "to .a. eat in the effected; the question of budgetary •limitation ·and statistical in.forma- 1 tion stuuietl; nnu two corollary pTojects, the -suppression •of the tramc l enat~. in arms antl munition. to backward ·countries -and 'the Clonir

Mr. BORAH. I yield to the Senator from Alabama. the business- man's committee; but the suggestion with :ref 1\Tr. HEFLIN. l\Iay I inquire what time I haTe left out of my erence to the committee and the kind of committee first eame hou.r? from Mr. Newberry, and also that 1Ur. Templeton shoutd have The VICE PRESIDENT. The Se-nator has 11 n.Unutes. charge of the committee or "to have a business man's com 1\fr. HEFLIN. Thank you. mittee," as he puts it in his testimony. He said that if that Mr. BORAH. Mr. President, if this controversy involved was the extent of it, he had no objeet.ion. That seems to close alone the question of Mr. Newbeny occupying a seat in this the transaction and Mr. Templeton became chairman. Chamber for the next four years, I should content myself with. This conversation between Mr. Templeton and Mr. Newberry my vote and not trespass upon the time of the Senate in the took place prior to the time, as I read the record, that any further di cussion. But it is the precedent that is about to be body else had suggested 1\lr. TemQleten as chairman ; prior to established which concerns me much more than the othe"l' propo the time that anybody else had suggested to Mr. Newberry that sition, important as that may be. A somewhat careful study Mr. Templeton should be the chairman or be the head of the of t-he law and an investigation of the facts in this contro business man's committee. So far as we have the origin of ver y lead me to the following conclusions, which I shall this organization and the committee, it originated in the co.n briefly undertake to sustain. versation between Mr. Templeton and l\1r. :Newberry in New First. That the primary is a part of the election process, a.nd York, and then. and there Mr. Templeton acceQted the position that the improper use of money in the primary has the same which Mr. Newberry wished Ilim to have. e:t'fect in invalidating the election as the u.se of money in the Templeton said that this was weeks befot·e tile interview, election proper. UQon which so much stress has been laid, whicft took place in Second. That the amount expended fii the 1\lichigan election the Statler Hotel between Mr. Cody, Mr. King, and Mr. Temple was such as to lead to the conclusion that it was intended to ton. At this interview in the Staiier Hotel in Detroit there aneT did corruptly affect the result of the primary election. was a conYersation which .has been construed, as I understand, 'l'hird. That no man can be the beneficiary of a corrupt elee to have been the beginning or the initiation of the organization tion when such corruption was- had in his behalf, whether he of the CQmmittee ; but Mr. Tem-pleton advises us that his con personally participated in the corrupt methods or not. versation with Mr. Newberry was long. prior to the time that Fourth. Tliat the committee· which expended this money was he had the- conversation in the Statler Hotel with Mr. King Mr. Newberry's committee. If not actually selected by him, and Mr. Cody. it was accepted by J.:lim, and he cooperated with it. Therefore, Now, who was it that suggested the chairmanship of the com the committee's acts became his acts. mittee and the kind of a committee that should be organized 1 Fifth. That Mr. Newberl'J. had sucfl. knowledge of the ex It did not originate with the business men of Detroit ; it was penditure of the money and the doings of the committee and not initiated at home; it wa initiate-d in New York, suggested the methods of expenditure as to- charge him with responsibility there, an(] concluded there. Does- anyone suppose that 1\Ir. for whatever the committee did. Templeton would have been the chairman of the. committee if Sixth. That the State statute was repeatedly violated. he had not been solicited by Mr. Newberry? Does anyone sup Seventh. That the Federal statute, not as yet deelared un pose that Mr. Templeton would have taken a part in the cam constitutional, was- violated; paign at all hnd it not been at tl1e request and upon the express. Eighth. That the election being tainted with carruption and desire and wish of l\!r. Newberry? In other woTds, whose controlled through the use of money is· \Oid, and the seat occu chairman wus he? Who solicited· him? Who made him the pied by the sitting Member should be declared vacant. head of the committee! ln whose mind did the thought origir Mr. President, no one justifies thee amount of money which nate? Wha conceived the idea, of a; business man's· committee was expended in the Michigan senatorial primacy election. It and the chairmanship of it? The sitting member himself. as has been condemned alike by those supporting 1\fr. Newberry's he prac-tically admitted in his tatement upon yestelida~r ' contention and by those who are opposed to it. The Commit Now, I undertake to say, l\Ir. President, that both in morals tee on Priviieges and· Elections in its majority report condemns and in law l\11:. Newbeny was responsible for Mr~ Templeton"s the amount expended ; the minority of the committee also con acts after that com-er~ tion; neither in morals DOl' in l-aw could demns it; and, so far as I have been able to listen to or to read he eYer release him elf, unle s he did so b.y an open repudia the remarks of the different Senators speaking upon the subject, tion. In other words, whatever l\fr. Templeton did as- the it has been condemned by all. Not only the amount expended chnir:man or the head of the- committee, or tfiat the committee has been condemned but it seems to me that the manner of the did under the leadership of JUr. Templeton, was the act o:£ M:r. expenditure has not been successful1y defended. · Newberr~ f~·om that time on, re~ardless of whethe1· we appeal The question then seems to turn upon the relationship of Mr. to the prmClples of morals, of eth1cs, or clean politic or of Jaw. Newberry to his committee and his knowledge of what trans I may giYe an illustl'ation.. Jfr. President, which it seems to pired during the campaign. I might contend, and I think suc-- me would be applicable at this time: Suppose that there had cessfully under the law, that if the el-ection were aetually eor been in contemplation some offense to be committed in the rupted no one could be the beneficiary of that electron, espe State of Michigan,~ anll that some particular individual, 1\ir. cially no one in whose behalf the corruption took place. That .Jones,. had been intere ted in the commission of the act, and the has been the law in some countrie , particularly in England, for man who was at the h~ad of the organization in cousummatin<>' many decades, and I be-lieve is the law to which we shall ulti that offense should haYe ·been found to be in conversation with mately have to come if we are to protect the purity of elections Mr. Jones in Kew York prior to that time, arranging fm·. the in this country. It is not necessary, however, us I Yiew it in criminal act, would he not be held responsible not only in mb-t"als this controversy, to go to th-at extent. but in criminal law unless he the.reafter disclosed an utter I want to take up first the question of whose committee it repudiation? Would the mere fact th.at Mr. Jones was out of wa that did the things which no one now defends and what the State when fhe crime was committed release hlm of respon relationship did 1\fr. Newberry bear to that committee. sibility? After he set his agent in motion could he escape by 'l'he chairman of that committee was Mr. Templeton, long a being phys.ically absent? Oh, no; he would be just a guilty business associate, acquaintance, and friend of Mr. Newberry. as if he had gone to Michigan and physically participa.te

~Ir. .ALFRED LccKIXG. Somebody pr<>posed that you should be the manager of this campaign. Who was it? talked with "its member", in the first in. tance until the returns Mr. Kn:o . .As I said, :Yr. Scott was one. Mr. Fred Cody was an came in from the primary. 'Vill Senators 'undertake to say other. Mr. Allan Templeton was another. tha~ ~ou ca?- hold your relationship to men through a campaign, They were the gentlemen with whom Mr. Newberry had adVI.smg With them, counseling with them, receiving reports talked some weeks before. from them, and then repudiate the fact that they were your TJ1en, from page 467 of the record, I quote the following: committee when the campaign is over? Neither in law nor in Mr . .ALFRED LuCKIXG. ody made arrangements for you to go to New morals, in decency nor in ethics, could any such proposition York to meet Newberry, djd he not? ever be sustained. It is for that rea ·on that I said in the Mr. Knw. I think not. beginning of my rem:rrks that I am vastly more concerned with Mr. ALFRED LUCKI~G. Who did? Mr. KING. It seems to me it was Commander Newberry. the precedent which is being established in this case than I am In other words, not until l\1r. Paul King had gone to New with who shall occupy this seat for the next four years. The York and had a conversation with :Mr. Newberry, in "-hich they question of the mere holding of the seat is a single question, talked over the campaign and the probable amount of expendi but such a precedent as will be establisheu by the succes · of tures, did he stand in the relationship of manager of Mr. New this defense will work evil so long as it stands, put a premium upon corruption, and menace the whole fabric of representative berry's campaign. ~ow, what difference does it make whether Mr. King's name was first suggested by Mr. Cody or by Mr. government. Templeton? The fact is the uggestlon did not ripen into the If the contention be sustained here tbat you may have a managership until l\lr. Newberry and Mr. King met and con committee in the field tacitly accepted by you, operating under versed in the city of New York. Thus we see ·the two parties your direction and control, or advising with you and making who were the bead of the organization, including the man who reports, and nevertheless anything that this committee ortnnce in much knowledge l\lr. Newberry llad as to what was actually this matter, and that is l\ir. Smith. We have first the chairman ~ngoo. - second the manager, third the secretary and trea urer, anf this money is not to be visited upon the seat the exp~diture of money. That is denied. itself, and the question of its purity or impurity thereby deter In the brief of the attorner- for l\Ir. Newberry it is stu.ted: mined. From that time on Commander Newberry was kept advised of tbe I call attention, now, Mr. President, to another form of knowl progre s, development, and general nature of this campaign. This has never been denied, has never been a secret. He admittedly had nothing edge. This expenditure of money had reached such a climax to (}{) with the active man-agement or the giving of orders. lie fre and to such a point in the S1;.;'lte of Michigan that it was not quently made suggestions, and conferences ~n questions of policy were only discus ~ ed by the newspapers, not only declared to be an not unusuaL That be knew anything as to the detail of what wa.s going on can not be successfully claimed by anyone, but that be was issue in the campaign in the State of Michigan~ but it epread kept .advised in general of the nature and character or this campaign out O\er the adjoining States of the Union, and became u. mat there is no doubt. * • • The campaign- ter of national notoriety and a scandal throughout the country. Says the .attorney- l\lr. EDGE. :Mr. President-- was undoubtedly the most pretentious, the most thoroughly planned, The PRESIDIKG OFFICER. Does the Senator from Idaho the most far-reaching, and the best organized that had ever been yield to the Senator from New Jersey'? staged in any community. 1\Ir. BORAH. I yield. · Of wliich Mr. Kewberry had full knowledge at all times, 1\.Ir. EDGE. If Senator Newbeny did have knowledge of the except, it is said, as to the expenditure of the money. expenditm·e of this large su.m, which in a general way he cer The Senator from Indiana (Mr. W A.Tso_~], who listened to the tainly did, by his own ach."llowledgment, and if this money was testimony before the committee, and one of the members of expended entirely within the law, as stipulated and analyzed the committee, said: in the sworn report filed, would that make Senator Newberry Of course, Mr. Newberry fully understood the situation. Tbe only guilty of any crime, even if he had known of it? denial that be makes at all is in reference to the financial knowledge. 1\Ir. BORAH. ryo; but I am coming to that in a few mo Mr. Newberry knew _precisely what was going on. ments. Of course, I ean cover only one point at a time. Re So we h.a ve, to start with, the pl"oposition tha.t Mr. Kewberry plying briefly to the Senator, I contend that the evidence is was fully informed of all concerning the campaign except the ample that this money was not expended within the law. But que tion of the actual expenditure of money. That is a contro I want to ay another thing before I conclude on that proposi verted question here; but bow, I ask as .a practical proposition, tion, that my conception of th-e law with reference to the purity could Mr. Newberry have his committee, with \Yhicll he was of eleetions would lead me to vote this seat vacant if there were cooperating, and bave full knowledge of everything that was no statute upon the statute books of the State of Michigan, going on, .and not include the knowledge with reference to the or Federal statute, either. I am arguing it from the Senator's expenditure of m.oney? The other knowledge which it is con standple mind would ay that it has I do not contend that l\1r. Newberry, for instance. knew, per controlled or affected the election, that of itself iJ sufficient to haps, that John Doe was. paid $50 for this serviee, or that invalidate the election, regardless of whether there has been another man was paid $100 for that' service, or that this or any statute passed or not. I will come to that a little later, that newspaper was paid for this or that particular matter. but I am now discussing it from the standpoint of the Senator. That is a subject about which there can be a legitimate dif Mr. Newbe1·ry did have knowledge, which was his 1.."'1lowledge, ference of opinion, and I am perfectly willing to give 1\fr. New because his agent, with his written authority in his hand, was berry the benefit of the doubt, because I apprehend that in all ch~cking out of Truman H. N-ewberry's account, and in law and probability he did not know the details ; but that he knew that in morals that wa~ his knowledge. l\Iind you, it is not the · the money was being expended in this h·emendons amount, knowledge of 1\fr. Smith as an agent alone that he was check that he knew in a general way the purposes for which it was ing money out of Jolm Newberry's account, and then, when it being expended, that he was kept thoroughly informed by his ran down, checking it out of Truman's into John's account, committee as to all the facts, is an uncontro-verted and an indis but that was Truman Newberey hlmself, because the man held putable proposition in this controversy. his power -of attorney.. and in law and in morals he is bound by Let us go a little further. th-e act, just the arne u.s if Mr. Smith had said to him over the On July 28, prior to the election, having this ,generhl knowl 'phone, "I am checking out of you.r account."· edge of what was going on, and being in daily touch with his It seems to me we would not dare to lay down the rule in campaign committee, 1\fr. Newberry makes complaint as to the Senate that a man may give a power of · attorney to check the expenditures. He wanted to know when these expendi against his account u.nd then not be held responsible for what ture of this large amolmt of money were going to cease. He that man does in the· way of filling the coffers for the purpose knew in the beginning it was $50,000 and of that he ma poll on election 'day; that there were five precincts iu the city; it to be abortive. he bad put men in each of the four pt·ecinct , but none in the other. Again he said in a later

to tllat attrilJute her fall. But I >enture to say that we have and when the roll is finall~ called and your nftme goe:o; down tr~n · el e d further over the road of money in politics in 100 years in that column as voting to make barter of ballots in tlle Com than Rome traveled in 500 years. And with this shameless monwealths of this· Union, to approve ti1e sale of seu ts in this debauch before us, with the precedent established· for which body, there are going to be more that wilt go a s the ~upporters Senators here contend, who can feel other than discouraged of Lorimer went-and God speed tlle day! . with the outlook? There is, it seems, only one hope and that is No man has a right to sit here who will >ote to .~ eat a man to take our appeal from this tribunal to the open forum where who acknowledges theY.: have expended $200,000 and more in 'Ye mu ·t look for the final judgment on all such matters, and his behalf. Can he say that because he did not know about the \Yhicll judgment, I shall not doubt, will be both righteous and detail· that should excuse him? Suppose I \vere to et a big drastic. - steel trap across a much-used pathway and I were to go a Mr. HEFLIN. ~[r. President, I have 11 minutes left of the thousand miles away and a little boy were to come along that hour upon· which I started yesterday. The Washington Post way and that h·ap snapped and cut his foot off at the ankle, of this morning in an article upon the . Newberry case said: would they convict me for doing it? Certainly they would. Barrio ~ the a ccident of unexpected absen.teeism, the margin of votes The same principle applies here. They ,.,·ould hold me responsi in his [Newberry's] support is adequate. ble and convict me although I might be a thousand miles away, I wonder how the Wa ·hington Post learned that 1\Ir. Kew ~ecause I knew that it would do just sucll a thing when I put berry is to be seated? I ha>e asked the question before and I tl1e trap in orde!· What did Mr. Newberry do, according to · now ask it again. Is it a part of the administration program the speech of the Senator from Idaho [Mr. BoRAH]? He set to seat him? Is that why the S8Cial lobby has been so active? the trap ; he put Templeton in charge of the machinery; he Is that why Senator· can not attend a reception unless v ealthy pas ed on Blair; he selected, King; he fixed the trap, and women of the East besiege them and ask them to support ~Ir. it caught the Yoters of Michigan, costing him $2 a head to do Newberry? Is that why, when the report was made by th~ it. He got the nomination ; he got the game; he got it wrong committee, a poll was had of Members on the other side before fully, immorally, corruptly, unlawfully. Are Senators going the report had been read or the testimony read by sworn Sen to vote to seat him? God help them to >ote to the contrary. ators who are to pass judgment upon this case? How is it The PRESIDING OFFICER. The question is on the resolu that this Washington Post man can say that a majority of tion offered by the Senator from Montana [l\Ir. "~ ALSH] as -votes will be marshaled for Mr. Newberry? a substitute for the resolution submitted by the Senator from In that same article in the Post, it is said that no argument Missouri [Mr. SPENCER]. has been made here that large sums of money were expended l\Ir. HARRISON. Mr. Pre ~ ident, I suggest the ab ence of a for Mr. Newberry in Michigan. That is not true. The record quorum. in this case teems with statements that money galore was The PRESIDING OFFICER. The Senator from Mississippi expended in Michigan for 1\Ir. Newberry. Mr. Newberry's own suggests the absence of a quorum. The Secretary will call the brother, his partner in business, testified that he had put up roll. thousands and thousands of dollars that were expended in The reading clerk called the roll, and the following Senators Michigan. 1\Ir. Newberry's brothers-in-law, two of them, spent answ~red to their names: thousands and thousands of dollars in l\Iichigan. Yet the Wash Ashurst France Mo es Shields ington Post would have the country: believe that no argument Ball Glass Myers Shortridge Brandegee Hale Nelson Simmons has been made here that vast sums of money have been ex Broussard Harreld New Smith pended: in :Mr. Newberry's behalf in Michigan. Bursum Harris Nicholson Smoot l\!r. President, if it is the program of the othe.r side or of Capper Harrison Norbeck Spencer Caraway Heflin Norris Sterling the administration to seat 1\fr. Newberry we would like to Colt Jones, N. Me:t. Oddie Sutherland know it. I wonder if $200,000 and more i'3 to be accepted as Culberson Jones, Wash. Overman Swanson the amount proper to expend to secure a seat in this body? Oh, Curtis Keyes Owen Townsend Dial King Page Trammell l\Ir. President, I would that every Senator here could have Dillingham Ladd Pepper Wadsworth heard the speech of the able Senator from Idaho [1\fr. BoRAH]. duPont La. Follette Phipps Walsh, Mass. It had the right ring about it. It was a masterful appeal in Edge Lodge Pittman Walsh, Mont. Elkins McKellar Pomerene Warren favor of clean and honest politics in the selection of United Ernst McKinley Ransdell W~ller States Senators. It was pure, old time, 100 per cent Ameri Fernald McLean Robinson W1llis canism. There was not any influence from Wall Street that could Fletcher McNary Sheppard be used to prevent that speech nor was there any influence · l\1r. HARRIS. I desire to announce that my co1league [Mr. from the White House that could influence the man who made 'VATSON of Georgia] is absent on official busines ·. that speech to -vote for l\Ir. Kewberry. That speech is in keep The PRESIDING OFFICER (1.\fr. SHORTRIDGE in the chair). ing with the highest and best interests of the American Re SeYenty-one Senators having answered to their names, a quorum public. I do not see how any Senator here can read that speech is present. and then vote to seat l\Ir. Kewberry. Mr. W .A.LSH of Montana. 1\Ir. President, before proceeding ~lr. President, during the whole trial of the Newberry case we to the consideration of some of the more serious features of the ha,·c not had an a>erage of 12 Republican Senators present in matter now pending, I -desire briefly to advert to that a pect the Chambel'. It is a shame, a burning shame. of it with which the senior Senator from 1\lichigan [Mr. TowN The Republican Party has 24 majority in this body, and Sena SEND] opened his defense of his colleague, namely, the high tor.· are sworn to pass upon this case, not for themselves per patriotism of the latter. The junior Senator from Michigan sonally but for the American people, whose Senate this is and [1\Ir. Kewberry], we are told, sened in the Spanish-American whose Government this i. . Yet they are out and about, but not 'Var; he tendered to the Government his seni ces on the break here. They will not stay here and hear the testimony read ing out of the World ·war, in which he had a creditable part; and the argument · made. The Washington Post says that his t'Yo sons bra>ed its perils; and ...-icariously, through his son some of us repeat points we have made before. That is the in-law, who was decorated for distinguished ser>ices by one or only v.·ay we will ever get some of these Senators to hear them. more Governments, the junior Senator from l\Iicl1igan further They will not read the testimony ; they will not stay here and earned the gratitude of his country. li ·ten to it when it is read in the Chamber, and so we have Mr. President, so far as I know, none of those of us who feel to reiterate these things in order to reach some of them at all. impelled to assert that the junior Senator from Michigan is not I do not expect to reach all of them. entitled to his seat in this body has any disposition whate>er I understand some of them have already said to-day, " Why, · to question his patriotism. We all belie>e that he is no le s of com·se I am going to Yote to seat him." Are you, Senators? and no more patriotic than the millions of Americans who, The Senator from Idaho told you how expenditures in sena when the life of the Nation was threatened, eagerly sought ami torial contests had progressed from $15,000 years ago, con gladly embraced any opportunity that presented itself to aid demned by Senator Frye, of Maine, then to $110,000 'later, in preserving it. Many of those who came forward in that and now you come and tell us that the majority on your side time of crisis, unlike the junior Senator from Michigan, sur of the Chamber are going to the country with a vote approving rendered lucratiye positions or quit their busines at large an expenditure of $200,000 and more in one senatorial primary. financial loss, while still others left behind them needy families. As I said here once before, that amount of money will pay I have no doubt that the junior Senator from Michigan is the salary for one year of 26 United States Senators. I will entitled to credit for other -virtues than patriotism. I make no not believe that a majority of Senators will vote to seat Mr. doubt at all that he is a good father and a good husband. I Newberry until I see it. doubt not that he is mo-ved by tales of want and distress as I have reminded Senators before, and I remind them again, ate most men, and that he is a generous giver to deserving that the men who voted to seat Lorimer are all gone but six, charities. All these things, howe•er, ha>e nothing at all to d() LXII--63 994 CONGRESS! ON AL RECORD-SENATE. JANUARY 10,

with the questlon as to whether or not he bought his seat in views .upon the subject. It was contFoverted, however, by. the thi body or whether others bought it for him. follo.wrng Senato~·s in speeches upon this floor: Bristow, Borah, However, 1\Ir. President, seeing. that such prominenee is given Kenyon, O'Gorman, Cummins-, Lea, Sutheri:;md, and Poindex to the high character of the services- rendered by Lieut. Com ter. I state the proposition as it is set :forth in the- reports of mander Newberry in the Navy during the World War, it may the majority and the minority of the Committee on Privileges not be altogether inappropriate, inasmuch as all this is outside and: Elections in the oonsideration of tllat case. . of the record, to say, also outside of -the record, that the onlY. This is from the majority report, n1ade by Senator Heyburn: scandal Navy that occurred in connection with the during the It seems from this consideration of the question we must conclude World War arose in the office of which the junior Senator that tJie direct · primary proceedings can not be held to affect tbe from Wchigan was. the head. I do nO:t desire to have it under validity of an election by the legislature. stood that that scandal. touched Lleut. Commander Newberry That was his contention. The minority answered that as even by the remotest suspicion ; nob.ody, suggests anything of follows: · the kind;- but the fact remains that a report is on :file in the The power to inquire into the practices and methods employed in Navy Department in which he is mildly censured for not hav the primary election· is- questioned. The majority in. this case find that ing exercised a keener supervision over his subordillates who we lill.ve this power, and with that conclusion we agree. In this we were guilty. . are tully sustained by principle and .[Urecedent. It appears by the rec.ord that several candidates f.or the legisla It is likewise not at all without significance that some at least ture announced during their candidacy that, if elected", they would of the rich men's sons who corruptly. obtained promotions or vote for the candidate for Senator receivint7 the highest vote at the were assigned to desirable details were. introduced at the per p:timary. I.f the primary choice- was seCUl'ea, b:y~ corrupt metho-ds and practices would not the. vote in the legisla.tnre secured thereby be cor sonnel office by Mr. Fred D. Cody, whose pernicious activities rupt, however innocent the member casting it? Several members of in the Newberry senatorial campaign have been the subject of the legislature amwunced: when they voted for Stephenson that they some comment in this debate. did S<> solely because h~ was the primary choice. If the primary was carried by corrupt methods and practices these votes were corrupt, But, Mr. President, let us take up something serious. Vari though honestly cast, and ii the Senate can not inquire into such cor ous lines of argument have been advanced not on the floor, rupt methods and practices, then the power given to us to judge of where they can be met, but circulated around the corridors and elections: of our Members is a mere shadow. That we have this power is in accord not only with reason and justice, but is s11stained by in the cloakrooms and other places where Senators meet, the precedent. purpose being to accord to those who would like to vote for the junior Senator from Michigan upon personal or other grounds There was a. separ~te minority report in that case, concurred some basis upon wme:b they may found their action. So it is ill by two of the Senators who joine€1 i:n the majority report. said that it is a matter of no consequence, that all of the illegal Senators Po:M:ERE.."l"E and Sutherland, who did not subscribe to acts charged to have taken place in the Miehigan senatorial the proposition set iorth in the majority teport to which I contest transpired in the campaign for the nomination and at have adverted. They said: the primaries and before the primaries; that the election itself It will be conceded: that while the result of a pr:i:mary eleetion n.ndcrr the pl'esent constitutional provisions could not cQDtrol the State sena was entirely free from any suspicion of illegality, and the argu tors and representatives in their choice of a United States Senator, ment is made that whatever irregularities, whatever violation's would not an expression: o:t the will of the people at a p.rimaey election of law occurred at the primaries, whatever con~uption may have have great weight with their representatives in casting theip votes 1 And it this be so, ought not the primacy election held to deda.re this occurred in the primaries. it is a matter of no consequence ch.oice be carefully guard€d by suitable penalties? We have no hesi whatever. I combat that view. tancy in saying that it the evidence disclosed the use- of corrupt .methods In the course of some remarks which I made earlier in the at the primaries it would all'"ect the result of the election by the general assembly, and the Senate would be justified in taking cognizance- of debate, I was interrogated by one of the Senators as to whetheT that fa..ct and unseating any Senator who was thus delinquent. the matters that were then being discussed and canvassed and criticized with some degree of severity were not all in connection Out of the many able speeches upon that snbject in the Senate with the primru:y, rather than with the ultimate election; and at that time I select two, not only because e:f their clearness it \Vas then stated that there was a radical and mate1ial differ- . and succinctne-ss,· but because the Senators delivering them q.re ence in the importance of the two matters. - still Members of this body. I read ::fu:st. from the s:pe~ 11 of Sometimes people confound a proceeding to expel a Member · the Senator fl·om Iowa. [Mlr. CuMMINS], expressed with his with a proceeding to inquire into the question as to whether he usual felicity and clarity. · ever was elected a Member of this body ; and it has often been He said: suggested, in connection with election contests in this and the Repeating, with slight pa.ra.pl'lrase, the most serious and· the mo t otller .body, that the matters adduced were pertinent upon a impressive utterance I ever h-eard in debate, I fea:r.: that the Senate is about to commit a grave mistake. I fear that the Senate is about to . motion or resolution to expel, which of course requires a two illflict all the injury that it ca.n in1lict upon the moden1 policy of thirds vote in order to carry, and that they were not :relevant nominating candidates for the Senate of the United States at a pri.m..'U'y to the question as to whether or not the Member claiming the or popular eleetion. Some Senators here who ha.ve joined in the majority report openly seat was legally elected, a resolution touching which need have and franklY' avow that purpose. Othe1· Senators, it seeiilS to me, will no· more than a majority vote in order to prevail. It has bBen lend the weight of their infiuen~e to the same- result unintentionally and universally held that when the. Member has actually taken his unconsciously. If the Senate decla.res that a. candidate for the Senate ot the United States can corrupt the primary election in which he is seat, and the question arises not upon the legality o:f_his elec seeking a nomination and lrtill hold! a good titre to his seat, then tion but upon something else, the proper motion is to expel him, primary elections far the no.minatiOllS' ot candidates :tor the Senate and then the two-thirds v-ote is necessary ; but that whenever will bee&me dangerous instrumentalities instead of a political party to select their The view was urged there that all the irregularities in the canrlidates for the Senate of the United States, and he intends to do, it in by having the Senate declare, it be can, that no, matter how com Ste.(}henson case having taken place connection with the pri pletely and comprehensively the primary election may be corrupted, mary, they could not be availed of to question the title of the nevertheless the title conferretl upon the man who is elected by the seat of 1\Ir. Stephenson. At that time the legislature still legislature , a& we have known all important in connection with the question as to. whether good morals. for years and . yea~s, but so abhorrent to the tendency toward a closer tie. between the voters and Senators of the United Senator Stephenson ha.d or had not been elected. The a:tl:irma- States that I confess it is hard to be complacent when it is known that . Uve of that proposition was asserted upon the :floor of the a vote is allout to be had from which the people CJf this country can Senate by Senator Heybm"D, of Idaho, and in a way by Senator infer at least, that the Senate looks upon the corruption

1922. CONGR.ESSION AL . RECORD-SENATE. 995.

eiection of its Mcmuers takes place as to be beyond the examination conviction of the people that the practice is against public · and the consideration of the Senate in determining wh'ether the seat has been honestly or dishonestly won. policy, and has a tendency to introduce all manner of evil into ·the body politic. · Now I read briefly fro'm the speech of the Senator from Wash· I referred at that time to the case of The Exchange National ington [l\fr. PoiNDEXTER], as follows: Bank against Henderson, reported in Fifty-first L. R. A., at It i contended in this case by those who are defending the Senator page 550, and I read, and I now propose to read again, a note from Wisconsin on the claim that his election was a valid election some of them, at least-that all of the evidence relating to the primary telling what was decided in the case of Whitman against Ewin, is immaterial. They refuse to consider that. I understand that is the a Tennessee case reported in the Thirty-ninth Southwestern position of the Senator frr.m Idaho [Mr. Heyburn]. That was practi Reporter. In that case the court said, speaking of the employ cally the sole basis upon which the counsel for the Senator from Wis· com;in based his case in the proceedings before the committee-a most ment of a man to work for the election of another : elaborate, I think, and artificial and sophistical argument, on the The ~eater his influence the more powerful his eloquence, the more proposition that no attention could be paid to proceedings in a primary persuasive and effective his arts and skill, the more important it is that election, even though the evidence should show it was corrupt. The such powers and capabilities should be preserved and protected, no Senat<>r from Idaho bases his contention upon the proposition that it bought and unpurchasable, for the benefit of the State and the public had no legal effect upon the legislature, that it was not binding upon weal, and only allowed to be brought into pernicious activity from the legislature, and consequently bad no appreciable or legal effect purely patriotic and unselfish motives. • * • All such contracts upon the election of the Senator from Wisconsin. as the one alleged are corrupt, contrary to public policy, illegal, void, The importance of the primary election is not in its legal binding and unenforcible in the courts. effect upon the action of the legislature, but in its persuasive force. In the same way, if money had been used directly with members of The Michigan statute, making these things a crime, simply the legislature and not legally binding upon them to vote for the man makes criminal and penal, punishes by a penalty, the things who gave it to them, it would be a persuasive and a corrupting force. which the common law always denounced as contrary· to public So with the primary election. The result was the Senator from Wis· consin became the nominee of his party and was entitled by the party policy, even if it did not make them crimes. rule, entitled by the statutes of the State, in the regular proceedings I want to refer to the case of Livingstone against Page, re to have the votes of the members of his party in the legislature, and ported in Ninety-third American State Reports, a decision of it bad a persuasive and powerful influence upon the members of the legislature. Can it be logically said that an influence of that kind, the highest court of the State of Pennsylvania. It doubtless an- influence which was controlling, although not legally binding, will be of interest to the distinguished gentleman who took his brought about by fraud, brought ab<>ut by corruption, would not vitiate place in the Senate this morning from that State. That was a tbe election? case in which a publisher of a Democratic newspaper agreed So, Mr. President, it may be equally asked here, can it be for hire to throw the influence of his paper to a Republican contended that a nomination for United States Senator brought candidate. The court considers that question, and then quotes about by corrupt means at the primary does not enter into and as follows from the case of Nichols against Mudgett: vitiate the general election which followed, particularly in those The plaintiff in that case was a candidate for the office of to;n rep States where, a in the State of Michigan. a nomination has resentative and a creditor of the defendant. The defendant's party always signified an election? In many of the States, particu affiliations were such as would naturally lead him to vote for the oppos ing candidate. Conversations were had which resulted in a mutual larly in the South, the whole contest is in the primary, th.ere understanding that the defendant should use his influence in favor of being none whatever 'in the election, it being established almost the plaintiff's election, and that, if the plaintiff' was successful, the without question that whoever secures the primary nomination defendant's indebtedness should be treated as paid. Induced by this agreement, the defendant supported the plaintiff's candidacy until his will be elected at the general election follo"''ing. election was declared. In the Stephenson case reference was made to two cases that Now note, 1\Ir. President: are entirely pertinent here. There was no agreement that defe'ndant should vote for the plaintitr l\lr. SIMMONS. l\lr. President, may I call the Senator's unless it wns implied in the above understanding. He .voted for the attention to the fact that in some States-! think it is true in plaintiff, however, and did so because of the understanding. The suit our State-in registering for the primary vote the elector obli was for the recovery of the indebtedness referred to, · and the defendant claimed that it had been satisfied. The court considered that there gates himself to vote for the candidate nominated in that was a sale of the defendant's influence and vote, held the agreement primary. void, and gave judgment for the plaintitl'. l\1r. WALSH of Montana. That is not uncommon in these The court continues : statutes. . The agreement in that case involved both the defendant's vote and Reference was had in the discussion of the Stephenson case his influence upon the votes of others, but the court's discussion of the to what is known as the Payne case--the election of Mr. Payne subject does not leave much doubt as to what its conclusion would have been if the undertaking bad been confined to the latter service. as a Member from the State of Ohio. There, according to the Certainly no distinction could properly be made between the two. custom that was prevalent at that time, the members of the But that contract had reference to the votes to be cast at an election; legislature of the party of Mr. Payne held a caucus, and the and the plaintitl' contends that, inasmuch as caucuses and conventions are not creations of the law, contracts foP services in influencing the bribery took place in the caucus. The members of the caucus choice of delegates and the action of a convention can not be con were bribed to vote for l\1r. Payne in the caucus. It was con sidered against public policy. tended that notwithstanding the caucus the meiJ.lbers of the They canvassed that, and tlle conclusion was expressed in the legislature could do exactly as they pleased about it ; they were following langtiage, after citing the New York case: not obliged to vote in accordance with the determination of the We can not doubt the correctness of this conclusion. The rule caucus; but it was argued by able Senators here, and not con would largely fail of its purpose if not so applied. When the voters troyerted, as I understand, by anybody, that the influence thus are unevenly divided into two parties the nomination of the stronger secm·ed undoubtedly was operative and probably controlling in organization is usually equivalent to an election. And when party action is less decisive the subsequent etl'orts of the voters are ol·di the selection of Mr. Payne by the legislature, and therefore that narily confined to a selection from the candidates regularly pre it affected it. sented. The individua,l voter of a large electorate can seldom give an So, likewise, reference was made to what is known as the etl'ective expression to a choice that is not in line with the action or some party convention. To secure a free and exact expression of the Caldwell case, from the State of Kansas. Caldwell bought off sovereign will there must be a proper selection of candidates as well his opponent, and without the knowledge of the purchase the as an honest election. If the choice of delegates and the action of the supporters of the candidate who was thus l>ought off went to the nominating convention are improperly determined, the election ballots support of Mr. Caldwell in the legislature. That was held to be will fail to express the real judgment of the voters. a corruption of the legislature itself. So that I do not believe Mr. President, I inquire now whether the election in the State we can get away from the proposition that corruption and viola of Michigan, in view of the enormous expenditure that was tion of the law for the purpose of securing the nomination is made il;l order to get the name of l\1r. Truman Newberry on ju t as important, so far as the right of the Member to a seat the ballots !lt the final election as the candidate of the Repub in this body is concerned, as if the illegal acts occurred iu con lican Party, does express the real choice of the people of the nection with the last election. State of Michigan? When I addressed the Senate before upon the subject I was There is another line of argument which )las been put·sued endeavoring to establish the proposition, which has not, as I here. Many Senators are going to vote for 1\Ir. Newberry understand, been controverted, that all the contracts and agree because of Mr. Ford. 1\Iany Senators .are not in their seats; ments by which persons were hired by the wholesale to go out there are on the Republican side not half a dozen Senators, and work for Kewberry were contrary to public policy and ....-oid. but I propose to put in the RECORD evidence showing that lar;;e I want to show, 1.\Ir. President, that not only is that the rule sums of money were expended before Mr. Ford's candidacy was with respect to the final election, but it is the rule with respect heard of, so that when those Senators go before their home . to primaries. Jt i · just as heinous, before the law, to hire men people for a justification of their acts here they will not be to work at the primaries as it is to hire them to work at the entitled to say to them that they did this iu order that Mr. final election: I speak of it now not with respect to the statute Ford might not have a seat in this body. of the State of Michigan or any other State; I speak of what I call attention to the fact that Mr. Newberry began his con the common law was before any statute was enacted; and lest sideration, at least, of becoming a candidate months l>efore anybody should think this is a technical matter, I desire to show l\1r. Ford's name. even was mentioned in connection ·w:th this that the common Jaw merely exi>resses the general and common place. . It appears from the eYidence that on October3,. 1917, a

= 996 CONGRESSIONAL R.ECORD-SE.r ATE. JANUARY 10,

meeting was held at Port Huron, Mich., attended by, Fred D. By that time, May 6, 1918, the Paul King committee had Cody, who came out there all the w;:ty from New York for the already expended $20,000 in fixing up their affairs a1·ound the purpose of considering the question of :Mr. Newberry's candi State for the purpose of excluding such Republican candidates dacy. The results of that meeting were immediately com as cx-Gov. Osborn, ex-Gov. Warner, Mr. Wanen, and 'Villiam municated to him. Alden Smith. The :fight had been going on again t them for Later, on the 17th day of November, a Mr. Andrews, who two months and 20,000 had been expended before 1\lr. Ford attended that meeting, wrote a letter to Commander Newberry was regarded as even· a possibility or probability in the cam in New York. Bear in mind, Mr. President, that this was in paign. 1917. I shall show you that as early as the month of August, At page 739 of the record the same view is expressed. Paul 1917, less than 60 days after he undertook the duties of a King write : lieutenant commander in the United States Navy, he had this You have doubtless seen the press clippings relative to Mr. Ford and matter under consideration. Mr. W~r.ner. ~ccording to them, Mr-. Ford is. not saying a thing, but his pohbeal fnends, who, by the way, are entirely unknown, are cii·cu On the 17th day of November, 1917, bear in mind, Andrews lating petitions, and ::Ur. Warner will make an announcement of his wrote a letter to Newbeny. in New York concerning the matter candidacy about the first ot the month. Let them come. I think we of his candidacy, and Mr. Newberry replied to that letter upon shall be able to give a good account of ourselves, no matter how many November 22, 1917. Bear that in mind. In the month of Janu enter. Wa1·ner's candidacy will probably help us as much as it wiil ary following Newben·y actually became a candidate. hUl't, and maybe more. Mr. Ford ean, I think, be effectively dealt with. While Paul King stu·ted in upon the management of this He is not very much ala1·med about it, is he? A.t page 775 Paul wires to Newberry, under date of June 11: campaign about the 6th of Marc~ 1918, it was not until at Democratic conference at Lansing Tuesday evening re-ported to have least a month afterwards, although voluminous correspondence adopted resolution calling for llenry Ford a compromise candidate of had passed between him and Commander Newberry, that Ford's all parties as supporter of administration and calling on Republican name was ever mentioned between them. In a letter found on candidates to withdraw. Some nerve. Interesting but not alarming. page 703 of the bill of exceptions is the first indication we find · PAUL. of Ford's candidacy being mentioned. At page 780, on June 14, 1918, we :find the following: After the talk he bad had down in New York, Paul King JU!'IE 14, 1918. Bon. TRU:\IA~ H. NEWBERRY, opened up on the 6th of March. On the 11th of February he New York City: wrote Newberry as follows, after telling about the other Wasbin:;ton dispatches announce Henry Ford's andidacy with Presi Republican candidates who might possibly enter the race: dent's indorsement, as yon undoubtedly know. Suggest we simpty go Confidential information also this morning indicates that the people ahead with our campaign just as we have been doing. .Am not at all behind the Ford candidacy are the Booths, and that they are planmng alarmed. Do not think it necessary or advisable for us to make any tatement at this time. .Am drivin~ through Oceana and Newaygo to circulate his petitions and try t o force him to run anywny. This Counties to·day. If you wish to Wire me, send telegram to Grand does not scare me· very much either. Rapids cm·e Charles .A. Floyd. He will get message to me. Will Then he added : t>hone :rou -from Grand Rapids Saturday morning. PAUL H. Mr. Warner is scared by the Ford bo~ie, and i postponing his an Kn:o. nouncement for a month. I would not be surprised if it ultimately At that time they J1ad all'eady expended 28,500 in the arn works out so that he will not enter at all. paign. I think that i all that need be aid about Ford. I propose to show, Mr. President, that they had not the l\Ir. President, I pass now to another matter. Mr. Newberry slightest concern about the Ford candidacy. They treated it admits that at least . 195,000 was spent in hi behalf in order to as a thing which was not to be regarded even eriously, clear secure for him the nomination. It is contended upon the part tlow.n to thG time when he finally made his announcement. of tho e who take the opposite view that be ought not to be Mr. Newberry replied to that letter on April 13, two days seated here, that the record bows that at lea t $250,000 \Yas afier~arcls, as follows: expended in his behalf; but it is not to b understood that it There is no doubt but that l1r. O'Brien's advanced age would not help is contended that that i all that \Vas <;pent. We merely ~ay him any in the campaign. '.rhe other men you mentioned have been talked over many time . The fact that the Booths are behi.nd Mr. that that is all the record hows. Let me show you a few Ford eems reasonable to me, but that does not explain their campaign things that are not in the record. again t millionaire . I called attention :re terday to the fact thut Paul King had At page 706 appear this in a letter from 1\Ir. King dated an account in the bank that includetl something like five thou April 17: sand-odd dollars that we in ·ist is not included in the . 156,000. Nothin~ more bas been heard from Mr. Couzens and there i some I shall not go into the other items at this time, becau e my time tall{ about the Ford candidacy. will not permit, but I wish to call attention to a few item of .At the time the other.letter was written-that is, April 11- testimony here that di ·closed that $250,000 i a mere .·uggestlon th~y had already had contributions from John S. Newberry as to the amount of money that was paid out in the State of amounting to $8,000, which hall actually been sp nt, apparently, Michigan to accomplish the nomination of l\lr. .t:" 'ewbe1:·ry. because the contribution were maQe in sums of about a thousand Two distinguished politicians of the city of Detroit were tlollar before Ford's name was e"\"en mentioned between them. Milton Oakman and a ::\lr. ::\larx:. They went to New York ou Under

.As an old friend and acquaintance, we had a talk. I said to him, penditures; I do .not Tecollect just what, and I made the statement "1\Iilt., 1: understand why you are not supporting me "-be had been that I believed that rather than $176,000. that the campaign must have supporting me-" but I have no feeling in the matter whatsoever. It cost nearer a half million, and Mr. !<'letcher said, "A half million, h-1! seems to be to your interest. I was up there in Lansing, .and they It cost nearer eight hundred thousand, and I know what I am talking told me you were to receive -$.25,000, and at -that time .had $12,500, about." etc. He said that it was made very clear to him that his interest was to be with Mr. Newberry. and he had to look out for himself; that I The junior Senator from 1\Iichigan in the course of his re knew the character of the fight, and what it took to put it up in marks yesterday told how. he did not know anything at all Wayne County, and it was to his interest. I said, "I

Mr. WALSH of Mas!"achusetts. I desire to announce that the all that he knew about these charges, that 'he would not think Senator from Rhode Island [l\lr. GERRY] ic; absent on account of retiring from this presence without explaining the answer of illness. which he made to Vandenberg. That answer was a letter Mr. HARRIS. I wish to announce that my colleague [1\!r. written by himself. It related to facts and circumstances which WATSON of Georgia] -is absent on otficial businel's. be claimed, when he 'uote the letter, were within his knowl The PRE.'"IDING OFFICER Sixty-five Senators having an edge. The Senator from Michigan, in substance, wrote Mr. swered to their names, a quorum is present. Vandenberg: "The campaign is being conducted by a committee .Mr. ROBINSON. l\1r. President, when the announcement in accordance with law, and when the campaign is over the· was made in the press some days ago that the sitting 1\lember, accounting requirements of the statutes will be complied with." the junior Senator from :\Iichigan [1\lr. :Newberry], would ad That statement implied knowledge, definite knowledge, on the m·ess the • enate in his own behalf touching the charges that part of the writer, the sitting Member, as to the manner in have been pending against him for approximately three years, which the finances of his campaign were being .conducted. I with many other Members of this body indulged the hope If a Senator on either side of the Chamber thinks that my that in hi statement relative to the subject he would be frank interpretation and application of the facts connected with this and in detail discuss the incidents which it is charged reflected · letter is erroneous, I ask him to rise now and point out the knowledge upon his part of the method by which his campaign error in the statement. It was charged by a written com was conducted. Yester·day there was presented in this Cham munication that his friends were disgracing and scandalizing ber a scene which will be remembered by those who were his State by the corrupt expenditure of money to encompass present for many years. Thousands of persons were attracted his nomination. He sends back an answer which· in substance to the Capitol, some from curiosity and others as the friends implies: " I know what is going on. The charges are untrue. of Senator Newberry, in the hope that at last the Senate of the The committee is conducting an honest and a fair campaign, and United States and the people of the country '7o"ere to hear his it will make the reports that the law requires it to make." viewpoint touching the charges that, in order to encompass his I say that that was not an honest letter, using the word nomination and election as a :Member of this body, there had "honest" in the sense that the law defines it. I point you to been expended admittedly more than $188,000, and, as claimed the fact that immediately following his reply to Vandenberg by many, more than a quarter of a million uollars, according to Mr. Newberry wrote his executive chairman, King, characteriz the proof. ing it as a noncommittal answer : " How did you like my non- The statement made by the junior Senator from ~lichigan in committal answer?" · his own behalf may be epitomized in a few words; it may be If he was acting in good faith, why did he write a letter summarized as follows : " I had left the State of Michigan in which he himself characterized to his political manager as a the discharge of my duty as an officer of the United States noncommittal answer? The charge was a serious one. It Navy; I was urged to become a candidate for the Senate; I called for frankness and sincerity, and he himself characterized did not return to the .State dui'ing the progress of the cam the method in which he replied to it as noncommittal. paign, ant1, while I was kept advised as to its general progress, That is not all. In the same letter he said: "It is true tJ)at I never lmew an~·thing definite respecting the character of the it covers the situation in a flimsy manner." campaign that was being conducted in my behalf and as related Is there a Senator here who honestly. wants to know what to the expenditure of enormous sums of money for me." Mr. Newberry knew about that case who would not like to have l\Ir. President, the defect in that defense which to a la"''"Yer him say what he meant by the reply he made when the charge and a patriot is and must remain unansw_erable is that a candi was brought home to him by a citizen of his own State that a date for Senator can not, in that or any other way, divest him dishonest and a corrupt campaign was being waged in his own self of the responsibility imposed upon him by the Constitu behalf? He denied it. What did he mean when he said that tion anu law. of this Nation, the laws of his State, and the rules his denial was " noncommittal " and " :tlimsy " or trivial? The of morality auu ethics which govern gentlemen and citizens in responsibility and obligation was upon him, when those charges their transactions, to see that his campaign is conducted in ac- were brought home, to put a stop, or try to do it, to that cordance with law and ethics. • metlwd of campaigning if it was in progress. A citizen can not announce his. candidacy for the United What would be the conduct ordinarily expected under such States Senate and then treat it as of such little importance that circumstances of one who intended to act in good faith? If he be shall gh-e no thought or attention to the manner in which did not ha\e knowledge of the truthfulness of the charge , that campaign, is conducted. The moral obligation is upon he would say: "Paul .l,{ing, Vandenberg says you are runriing a -him, when he seeks a seat in this body, to do what he can in corrupt campaign. I am too busy to keep track of the details fairness, and with all the intelligence he possesses or can ac of this campaign, but, as my agent, tell me what-you are doing, quire, to see that his campaign is conducted d~ently and ·with and how you are doing it"; and if the facts revealed by the uue respect to the laws of the State anrl Nation. When the inquir.y thus made showed that the charges of Mr. Vandenberg proposition is stated iu that way, I _do not helieve that any Sen were true, it was the obligation of the candidate to stand up ator can or dare controvert it. like a man and say: "I will not receive the benefits of such 'Vben tJ1e title by which a man holds or claim membership a campaign. I will not be the beneficiary of such methods." in tbi. · body it a ..'ailed the rules of criminal law ought not to be Instead of pursuing that course, however, he wrote ·a " non in>oked. A Senator can not be heard to say, "Under the Con committal " reply, a reply which he said was noncommittal, stitution I may not be compelled to gh-e te timony against and which, according to his own statement, covered the situa myNelf, and thus incriminate myself." The moral obligation tion in a ":tlimsy" manner. In his statement yesterday he is upon him, when his title to a seat is challenged in the way approved Paul King and his methods cordially, and expres ed that the title to the eat of the sitting Member from l\Iichigan gratitude to the committee. Is that consistent with gootl faith has been challenged, to meet the issue. Courageous, manly in his contention that he did not know the character of the conduct it would ·eern, should prompt him to advance to such campaign that was being waged in his behalf? an issu~ rather tlian retreat from it. · Mr. President, not only is the good faith of his declaratil)n Three years and more ha\e come and gone since the primary that he had no knowledge of the character of the campaign that was held in Michigan. The undisputed evidence discloses that was actually being made regarding the expenditure of money throughout the campaign it was publicly charged in the vres~ controverted by his own letter, but it is also controverted by of the State that the campaign was a boodle campaign; that other circumstances which are admitted to be true. When Pa nl enormous sums of money were being expended in order to King, who afterward became executive chairman, first called encompass the nomination of the sitting Member. The evidence upon hlr. Newberry in New York, the first inquiry was, accord shows that a newspaper man, Vandenberg, wrote the sitting ing to Paul King, "What is this campaign going to cost?" Member prior to the primary election that it had become a The answer came back, in substance, " It cost Senator TowN- matter of State-\vide candal that his friends were making an SEND $~0,000, but on account of the fact that you are not well effort to purchase the nomination. That letter and the news known throughout the State it will cost you at least $50,000." paper articles which from time to time were published relative Listen, what arrangement was made for meeting that $50,000? to the subject put the Senator from ~ichigan on notice, as they Is it consistent with the motives which control ordin:n· must 11ave put on notice every intelligent man who was inter human transactions that, with the knowledge that $50,000 at ested in the subject, that the character of the campaign was least 'would be required, ~.Ir. Newberry should leave to chance being assailed. The sitting Member has rested under this or accident the manner in which the campaign shoul.d l>e charge for more tbao three years as if -be recognized no obli financed? He was put on notice by the declaration of· Pa11l gation to repel it. King that the campaign would cost, in round numbers, ten time:s The Senator from ::Uiclligan [Mr. Newberry] replied to Van as much as the l\fichigan statute permitted any candidate to denberg's letter. I thought yesterday, when he took his place expend. ~o objection was made. He had called Allan Temple in this Chamber and said that he intended to tell the Senate ton and said, "I want a business men's committee.~' :Mr. New- 1922._ CONGR.ESSION AL RECORD-SENATR 999

berry· now says, and his :friends declare, that he· hns n

The evidence shows that all the county chairmen, many public .I made a_mistake.. The greater portion of these expenses will not ter mmate until the pnmary is held some 30 days later than the time I officers, many men who were in positions of responsibility as stated. Have written. related to fraternal organizations, heads of banks mercantile establishments, real estate concerns, men engag~d in every What were the contents of that letter? In view of the fact sphere of industry, were hired to work for Mr. Newberry, and that those communications were explained by Smith his attor in every instance the hiring constituted a violation of the Michi ney in fact, as relating to the practice of drawing ft~nds out of gan statute. Mr. Newberry's account and the accounts of other individual But the statement is made that the Senator from Michigan members of the Newberry family and putting the proceeds to the sitting 1\Iember-had no personal knowledge of these trans the credit of John S. Newberry, whose account was nominally actions. When it was brought to P,is attention that enormous financing the campaign, it appearing that 1\Ir. Newberry was sums of money were being wrongfully expended he ought to complaining about the balances, I would like to have asked him have made an investigation. He was put upon notice and in "Why did you make that protest? If you were not interested quiry. He can not be heard to say, "With many newspapers in the financial end of this campaign, why were you protesting in . the State charging all forms of misdeeds and crimes com against the continuance of the expenditures? Why were you mitted in my name and in the name of the committee which asking about the balances?" What sums were drawn from was conducting my campaign, I wash my hands of the matter; your account and placed to your brother John's credit? let them do what they please," and then escape responsibility Why, of course he was interested. His account was being for it because he did not know the details of it. . depleted to replenish the account of John S. Newberry from. Do Senators know what that precedent means? The Sena time to time, and while it must be admitted that the sitting tor from Idaho [1\Ir. BoRAH] spoke of that feature. If by Member did not know and under the method of campaign that your vote in this case you say that a citizen can become a can was adopted could not have known the intricate details of those didate for the United States Senate, leave the State, do what expenditures, he must have known from the newspaper 1·eports, he plea·ses in connection with the conduct of his campaign, from the letter of Vandenberg, from the condition of the bank organize a committee or direct its organization, make no ar accounts, that public sentiment in Michigan was being justly rangements for the financiJag of his campaign, knowing that it aroused, that morality was being disregarded, that sums beyond was to be an expensive campaign, and then escape responsi reason were being expended in his behalf, and as an honest bility for the manner in which it was · conducted, it means man, as a courageous man willing to face and meet the responsi that powerful influences who want representatives in the bilities which by virtue of his position rested upon him, he ought Senate or in other legislative bodies may expend any sum that to have taken charge of the situation, investigated the methods they

What ar the fact·? Senators are called upon here to vote Let us see if he was entirely oblivious to every angle and as jurymen in a case which causes us not a little embarrass every feature of the campaign: ment. Mr. ALFRED LUCKING. Mr. Truman Newberry asked vou about the ex- It is a delicate subject, a subject which involves the seat of a penses at times, did he not? - Mr. SMITH. I do not remember that he did. fellow Member. I shall 'therefore ask Senators to recur to the Mr. ALFRED LUCKING. You reported to him every day what was going record alone, for upon that record they must form their judg on, did you not? ment and ca~t their \Ote in this case. What is the testimony in Mr. SMITH: No . . Mr. ALFRED LuCKING. Did yon not send him a telegram every njght the case? I ha\e grouped here some of the salient points of of what occurred during the day? the testimony that throw a clear and unbroken light upon this Mr. SUITH. I sent him a telegram generally at night regarding what ca ·e. tbe papers said. Mr. ALFRED LUCKING. About what the newspapers were saying? Before the ommittee on Privileges and Elections Mr. Fred Mr. SMITH . .About what the newspapers were saying. erick P. Smith 'vas examined, and testified, in part, as follows: • * • • Mr. ALFRED T~CCKINO. 'Vhat do you call your position, secretary or ~Ir. ALFRED LUCKING. I do not want anybody to accuse us of abso- · executor? lutely misleading the witness when it is plain he is mistaken. May I · Mr. Sl\HTH. 'No; I call myself agent. call your attention to page 219, to the following telegram: Mr . .ALFRED LUCKING. You are their confidential financial man, are . DETROIT, MICH., Jul11 !8, 1918. you not? Lieut. TRUMAN H. NEWBERRY, Mr. SMITH. Yes. Third Naval District, 280 Bt·oadway, New Yorl•. Mr. .ALFDED LUCKIN~. You have, I think it has been said here, powers of attorney from both :Mr. Truman and M:r. John Newberry? I misinformed you this morning the date of close of regular expenses. Mr. SMITH. Yes ; practically all of the interests in the office.' I Should have said. August 27. The circular work, advertising, cleric~l carry their powers o attorney. · help, postage, and all regular overhead expenses will naturally continue until primary. Have written. ·· - · It might be ·. aid at this point that Mr. John Newberry is a FRED P. SMITH. brother of ~lr. Truman Newberry. What in my judgment is a Did you send tbat telegram? Mr. SliiiTH. Yes; I did. beautiful affection exists between those two brothers ; each Mr. ALFRED LUCKI~G. Then, it was Dot about when the primary was; knows what the other is doing. It has existed since their boy it was when the expenses would cease that you were talking with him hood, and it is to be admired; but that affectionate regard be and writing him about. Is that right'? . · Mr. SMITH. That is probably it. I do not know what the conversa tween the two brothers can not now be denied and avoided so tion was, but I had told him July 27. I misinformed him as to the as to justify the statement that during the Newberry campaign month. one <)id not know what the other was doing. I resume the quo :Mr. ALFRED LUCKI:-10. You had been talking to him. He wanted to know when these expenses were going to stop, did he not 't tation from the testimony: l\Ir. SMITH. I do not believe so. I think his conversation was about Mr. ALFRED LUCKING. And there are others also intetested? the drain on the balances in the office, and be was complaining about Mr. SMITH. Yes. tbe money that was being spent. :Mr. .ALFRED LUCKI~o . What others? Mr. SMITH. Mrs. Truman Newberry's inuividual interests and Mt·s. .The sitting Member's complaint was about the drain on the John S. Newberry's individual interests, and their ons. balance · in the office. How may a man complain to his agent • • • about the drain on his balances, be told by that agent that he Mr. ALFRED LUCKING. What did John Newberry say to you? must endure that drain for another 30 days, and then come here ·' To you "-the financial agent of the Newberry family and say he was oblivious to everything which took place and Mr. SMITH. He came to me, as near as I can remember it, the latter say that to his astonishment and amazement be woke up ancl part of February or the first part ot March-it was the late winter found himself elected to the United States Senate? and told me that if the committee made any demands for campaign funds, if his brother should be in the senatorial raee, to give them Passing over, as time requires me to do, much of the testi the money. I do not remember whether he mentioned Mr. Templeton's mony we find the following questions by former Senator name or not. I knew Mt·. Templeton quite welL The first call was Wolcott: from him. The checks that were given after that were all given to Mr. Templeton the same as the fu·st one. . Senator WOLCOTT. I want to find out about the checking out of these Mr. ALFRED LUCKING. You have given us, in substance, all that funds by you, ~Ir. Smith, to the Newberry primary committee. Those transpired, have you? checks were all drawn against what account tn your office? Mr. SMITH. Yes, sir. ~Ir. SMITH. Again t Mr. · John S. Newberry's account. Mr. ALFRED LucKLtNG. ~o other discussion, except to direct you, it · Senator WoLcorr . .Are you positive they were invariably drawn they wanted money and came and asked for it, to give it to them? against that account and no other? Mr. t:iMITH. Yes, sir. • :Mr. SMITH. Absolutely. Mr. A.LE'RED LucKtNG. No limits as to amounts placed on you? Senator WOLCOTT. You spoke of transferring funds from the other Mr. SMITH. No, sir. accounts 'into his. Mr. ALFRED LUCKING. Anu no reports made to him as to the amounts Mr. SMITH. Yes, sir. It is a procedure that has been current for you p'aid? ' years. When one account gets low it is fed from the others. We have Mr. SMITH. ~o, ir. 12 different accounts. Of course, we do not feed from the corpora That is the worn testimony of 1\Ir. Fred P. Smith, who holds tions, but the personal ones. I have done it this last week. the power of attorney of Truman H. Newberry and his brother. What does that mean? It means that when Mr. John S. New A man may not under our plan of government announce berry's account grew low by reason of his contributions to his himself as a candidate for an office and then close his eyes brother's campaign :Mr. Frederick P. Smith, attorney in fact, and willfully be oblivious to all that takes place in the course drew drafts upon the account of Truman H. Newberry and of the campaign in his behalf. deposited them to the credit of John S. Newberry, and then drew There was once a man in Del a ware, who e name I will not against the account of John S. Xewberry for expenses of the mention, because any re entment the American people ever campaign. cherished against that man has perished in· the misfortunes 1\lr. WALSH of Massachusetts. How much were those drafts? that came upon him later; but he was a perpetual candidate Mr. ASHURST. John S. Newberry's aggregated $99,900. for the Senate, an all-around corrupter of men, and he made Senator WOLCOTT. Did you transfer funds from Truman H. New- it a part of his policy or plan of action when his committee berry's account over to John S. Newberry's? were in ses ion or when the caucus were a.bout to discuss any Senators, listen to that. question involving the improper expenditure of money to say, Senator WoLcOTT. Did you transfer funds from Trumarr H. New "Gentlemen, just suspend your conversation at that point berry's account over to John S. Newberry's? until I retire from the room, so that I will not be legally guilty, Mr. SMITH. Yes, ir. and when you have concluded discus ing that ubject,- rap on . Mr. WALSH of Massachusetts. Is there a record of that the door, and I will I;eturn, and thus I will be legally innocent." amount? Such a thing might have been done in Delaware 20 years ago, 1\lr. ASHURST. I will find it. but it can not be done anywhere in the United States to-clay. A Mr. SMITH. Yes, sir; or l\Ir. Truman's to John S., or from Mrs. John candidate for office may not wash his hands with invisible soap S., around either way, and always have done it. Senator WOLCOTT. All these funds m those various accounts, bart·ing in imperceptible water or retire from the room while his agents the corporation accounts, went to supply ready money to John s, New contrive corrupt chemes, and then return and say, " I know berry's account? nothing about It." l\lr. SMITH. No; I do not think they all did in this case. Senator WoLCOTT. Then the funds in their two accounts went to keep The sitting Member, in good temper, as bec~me him, came the .John S. Newberry account up to a sufficient fund, so as to enable before the Senate yesterday and made a statement. He stated you to have enough money out of that account to take care of these that he was entirely oblivious of the expenditures in his behalf· primary expenses? Mr. SMITH. In cases where there were overdrafts they would make that when the campaign, which attracted attention throughout up enough balance to cover the overdraft. the length and breadth of the United States, was concluded, to Senator WoLCOTT. Were those funds advanced from Truman H. New berry's account and Mrs. Truman H. Newberry's account to John S. his astonishment he read that he had been elected at a cost of Newberry returned in due course to t hose account!! from which they some $176,000, but tha,t all through his campaign he had been were eriginally taken? oblivious to that feature thereof of which e-.erybody else in the Mr. SMITH. Yes, sir. United States was aware, namely, the impropei' expenditure of On business transactions, be they ever so small, business money. men keep accounts; at least, they keep accounts where the '1002 CONGRESSIONAL RECORD-SE1 ATE~ JANUABY 10,

tran ·action i regular on its face and no inquirin"' eye or ex Mr. WALSH of 1\las ~ a chus etts. Now, I want to know what ploring hand is feared. record w re kept that di appeared. Wa ther a treasurer's ennt or WoL c ~. Ha ve you the- books showing all these transac bank account and a checking account that disappeared? tions ? Mr. ASHUR T. Some of the testimony was to the effect Mr. S:.nT H. No : I h ave not. Senator WOLCOTT. Wer those bool..""S taken by the cashier down to that sucl1 books were kept, but such books as "ere kept were not a nlila.ble to ·our committee. Grfi~~ l,~p.;~~ ?I do not remembe1· about it. I did not pay any attention Mr. KING. 1\lr. President-- to "'hat he took. The PRESIDING OFFICER. Does the Senator from Ari Briefly a in keeping with this case, the books are gone or zona yield to the Senator from Utah? lost-lo t! On yesterday the Senator from New Jersey [Mr. l\lr. ASHURST. I yield. EDGE] rose at the conclusion of the speech of the sitting Member 1\fr. KING. If I may answer the Senator, all the books that and addressed the Senate. were kept by the committee whicl1 would throw any light upon The Senator from New Jersey is a member of this commit the expenditures or the receipt s were lost or were claimed to tee. He was so disgusted that. he unimadr-erted upon the have been lost. Check books, bank accounts, deposit slips, methods adopted by the Newberry committee in its failing to everything, yanished as well as the clieck~ themselves. It was keep the books so that they could be examined. alleged that they were taken from the offices where they were Business men know that when men have transactions of kept and deposited in a burn where the Newberry accounts, the which they are not afraid the muniments and the memorials accounts of the estate and the representatives, were usually thereof are placed away for safe-keeping; a business man knows kept, and they all disappeared. That is the only expln.nation. that when men haYe transactions, uri.d the written records or l\fr. Newberry upon the floor did not discuss their disappear the muniments thereof may later arise to confound persons, ance, did ilOt account for them, did not attempt to account for they pay but scant attention to what becomes of the papers. their disappearance nor to explain the contents of his own These question · were asked: bank account or his brother's bank account, the amount that was Senator EDGE. What was the reason for adopting what would see-m drawn from his own bank account or his brother's account or to me to be a very complic'ated !fYStem of bookk~eping for a tempo from the 10 other accounts of Newberry's that were controlled rary activity like an electi-on campaign is ne~essarily? It seems to me that it would meet all the neces ities of the law in malting your report by this one man, Smith, who had power of attorney over them. it you had kept the usual ledger, journal, and daybo~k and entered the Mr. WALSH of Massachusetts. And there is no evidence in accounts in the ordinary way. All thi& percentage lS not required at existence to either confirm or disprove the report of expendi- all under the law. · Mr. FLOYD. No. • • .- . . tures made under the law? · Senator EDGE. It is quite simple to dO' that ~1.thout working o.ut. a Mr. KING. They have either lost or have deliberately de percentage basis. You would simply charge pubh.cit;Y at whatever 1t 1s, stroyed all the evidence which shows these enormous expendi· the men employed in that particular work, copy writing, etc. M1·. FLoYD. We did that indirectly. · tures that would condemn Mr. Newberry before any honest jury. Now, who asked those questions.? Some partisan, seeking to 1\lr. ROBINSON. Mr. President, witb the permission of the make political capital out of this misfortune that has happened Senator from Arizona-- to the ·sitting Member?_ No; it was an efficient, upstanding Re Mr. ASHURST. I yield. publican who first criticized the .indirect methods and the con Mr. ROBINSON. The evidence does show that not only was cealment of the books. a considerable sum, not embraced in that account, found to be Mr. WALSH of Massachusetts. 1\fr. President, will the Sena due after the account was filed but also that considerable .sums tor yield? which were actually expended were not accounted for at alL The PRESIDING OFFICER (Mr. ODDIE in the chair). Does Mr. POMERENE and Mr. WALSH of Massachusetts rose. the Senatoi· from Arizona yield to the Senator from Massa- The PRESIDING OFFICER. Does the Senato-.r from Arizona chUsetts? · yield? Mr. ASHURST. I yield. Mr. ASHURST. I will yield to all Senators, but, of course, I Mr. WALSH of Massachusetts. Did the treasurer of this do not want to consume my hour in yielding.· campaign committee keep a bank account? Mr. WALSH of Massachusetts. This is an important matteJr, Mr. ASHURST. Will the Senator let me answer that by and I hope the Senator from Arizona will permit fuU inquiry reading some more of the testimony? I do not want to mis and discussion. quote the testimony. ~lr. ASHURST. I yield first to the Sena.ror from Ohio. Mr. WALSH of Massachusetts. And if he did, I want to know if that bank account or checking account was produced. Mr. POMERENE. In this connection permit me to say,· as will Mr. ASHURST. The Senator, I know, would prefer to have the Senator recall, that after the committee had discovered the testimony rather than my remembrance of it. I will read that an the Newberry books were either destroyed or stolen or taken a way and we discovered that their aceounts had been that. 1\lr. WALSH of Massachusetts. In otll.er words, I want to kept in the banks-that is, John Newberry's account, Truman know if that was among the lost papers. Newberry's account, an these other Newberry accounts-and we Mr. ASHURST. I will reach that point. asked t() have the bankers subprenaed to bring their books showing these accounts, then it was that the majority of the Senator WOLCOTT. Did you ever inquire of this cashier what he did with the books and checks? committee voted down our motion to call those witne e be Mr. SMITH-- fore us. The financial agent- · 1\Ir. ASHURST. The Senator has stated the matter· with No, sir. accuraey. These were transactions involving thousands of dollars. It Mr. WALSH of Massachusetts. I trust the Senator will ex will not do to say that it was an opulent family, and that they cuse me for pressing the ,matter. p.aid no attention to books because their opulence was great, Mr. ASHURST. I yield. and the expenditure of a couple of hundred thousand dollars Mr. WALSH of Massachusetts. I think this phase of the made no difference. That argument will not stand up when question is very, very important, the disappearance of all we find in. the record a letter from Truman H. Newberry saying: papers and documents to prove or disprove the accuracy or cor " Those stamped envelopes you sent me were too small. Do rectness of the report when nearly $200,000 were used in the not waste stamps in that way. Send ones that are larger," campaign. Disappearance of evidenC'e is frequently affiliated showing that lle was giving patient, careful attention to the with other acts of fraud. Now, may I ask the Senator another details of his campaign. question? Senator WOLCOTT. Did you e-ver make any investigation about their Mr. ASHURST. I yield further. whereabouts after they came back from Grand Rapids? Mr. WALSH of Massachusetts. I understand $140,000 was Mr SMITH. No; I did not. paid out to newspapers for advertising and publicity purposes Mr: ALFRED LuCKING. Well, do you know the total amount that you charged against .Tolm S. Newberry on the books? in the State of Michigan. · Mr. MITH. I do not h.-now what was charged- Mr. ASHURST. That is about the sum. Here is the fiscal and financial agent, the attorney in fact, Mr. KING. One hundred and forty-seven thousand dollars holding their power of attorney- plus. but I know that the credits,. taking credits for what came back, beeause Mr. WALSH of' Massachusetts. Are there any documents, there were moneys coming back along about th-e time that tlre report any records, any receipts, any checks, any vouchers, to show was made up. It made, as near as I recollect, either $99,000 or $99,900. what newspapers got that sum of money, what sums each re Mr. WALSH of Massachusetts. No. I understood the Sen ceived, and how generally it was distributed and expended? ator to state that no records could be obtained for- the e:xami· 1\.fr. ASHURST. The vouchers or receipts or papers which nation of the committee. would prove or disprove anything along that Iine mysteriously Mr. ASHURST. So far as the committee was concerned. disappeared, and were not available to your committee.

l 1922. CONGRESSIONAL RECORD-SENATE. 1003

1\Ir. KICG. If t he Sena tor will allow me, they were de taken by Mr. ·Newberry's agent to a barn, and from that point stroyed, and uestroyed by the order of Mr. King, or some of they disappeared. · the campaign committee of ~Jr . Newberry. , . Mr. SPENCER·. The Senator is mistaken as to the fact. )lr. ASH CllST. In other words, this status of affairs arose; Those were never taken to l\lr. Newberry's barn. although the ~ a ti o n had become shocked, and the sitting Mem Mr. ASHURST. I said a barn. ber says he was shocked with the excessive expenditures, and l\fr. SPENCER. Or to any barn. I am not quibbling about although the lieutenant governor and the former governor and words. thousands of citizens com'plained and demanded an investiga 1\lr. ASHURST. Then the testimony is false. That is the tion, the ~ Tewberry managers said, in effect, "We thought these testimony. books showing the expenditure of a couple of hundred thousand Mr. SPENCER. No; the Senator is confused. The books

1004 CONGRESSIONAL RECOR:P-SENATE. JANUARY 10.,

.Mr. EDGE. Permit me to state in a very few words whaf Pharisee as to claim that I do not lmow anything about those that particular criticism .referred to. things. We all know about them. I am not talking nbout the Mr. ASHURST. The Senator ·did not expla.m rthat in his supper for the candidate and his managers ; I am not talking speech ; will he not do it after I conclude? about the band, the hall, the advertisements, and so forth. I Mr. EDGE. I can do it in two minutes. am talking' about going to men and bantling them money to go Mr. ASHURST. I will give the Senator one minute. about and "woJ:k" for the candidate. 1\lr. EDGE. I can do it in 30 seconds. That was against the law in Michigan. An the obliqueness, Mr. ASHURST. Very well. all the tangled lines, all the sinuosities of sophistication cnn Mr. EDGE. That was a criticism, and a very proper criti nut drive away from them the knowledge of the faet that the cism, of the method of keeping the .so-called books, which were statutes of l\fichigan prohibited the hiring of workers rn elec in the nature of :memoranda. I admit that I thought . the tion campaigns. method adopted was an entirely unbusinesslike one, and so PaUl King said further: commented at the hearing; bnt so far ns the Senator refers to Mr. Newberry appro-ved of my -phtn of publicity. the refusal to have other papers and books brought before us, On April14, 1918, l\Ir. Newberry wrote Mr. King that- I can not get the connection at all. 1 am glad Mr. Warner (three times governor of MichiCTan) is scared Mr. ASHURST. The Senator must not imagine that I have out for the present, and as long as we keep up our publicity work at put into his mouth words that would seem to make him say full pressure it will be harder and lla.rder for any new man to "'et any: kind of a start that will make it seem worth while for him to be a 1 he was criticizing the nunproduction. I say that the methods serious candidate. pursued res.vecting such fragmentary and meager papers ·as we Men who manage campaigns a.re not babes in the woods nor had were so indirect as to -draw a J>ebuke, and a just rebuke, an Alice in Wo~derland. ~1en men running a campaign, from that :model of efficiency in business, the Senator from sh-rewd, bold, darrng men, recen·e a letter from their principal New Jersey. instructing them to "Keep up your campaign publicitY at full Mr. EDGE. Mr. President, I tha:nk the Senator for his very pre sure and you will keep all the other men out," they know kind reference; but I must repeat that my criticism ·of the what that means. They know that sucn an order means " Go method em:pl"Oyed in keeping the accounts i\.Vas directed at that the limit." pm.·tic1llar m~thod of keeping a record of their expenditures l\:1r. Thomas P. Phillips testified as follows: and disbursements, nd that we could rvery much more readily I reside in Detroit and received $60 a week from the Detroit News have arrived at our :clecision if they h.ad been kept in lthe usual before I went to work. for the Newberry committee. 1\Ir. King 'hired me ledger form. I adhere to that view. at 1.00 a week as publicity man -tor the campaign. J made four trlps Mr. ASHURST. l agl'ee iWitll the Senator. to New York and saw Mr. Newberry and took some moving pictures oi .Mr. Newberry. I talked to Mr. Newberry, and from what I gatll Now, some more of the testimony. I am not g-oing to sa_y ered o! his past life I wrote certain publicity. (H., 352). what somebody said or somebody heard somebody say, but let I do not think there is anything wrong Jn his going to New me confine myself to the testimony. Mi·_ Paul King~and it will be remembered that he was the young man who had full charge York and getting the :past history of the candidate. T.he gJ:a.va of the Newberry campaign-with the consent of the sitting men of the offense was in the ittin.g Member saying he wits Member, said ·m his testimony : oblivious of everything that took pJace. Mr. Phillips continued; I consider 11n3'Self a. free .a;gent, a free lance. to do jjust as I felt should Mr. King otold me that he had made arrangements to take .more mov be ·done in the management of that campaign, in the way I condueted ing pictures o! Mr. Newberry and .asked me to go to New York :m.d see it. All questions were referred to me !for decision and were passed 11pon that the ·pictures were made. to the best ot my .ability. With the '3.BSistfmce of Mr. Templeton, I I .am not .going to conOnd of it." I believe when men come who contributed $99J900 to tbe Newberry campaign .fnnd) testi toward the sere and mellow years, impetuous tate.ment rthat fied, inter alia, as follow (H. 317) : looked so wen in 'YOUth may not ·appeal to us. Wthen the Senator POMER!IXE. And you want the ·committee to understand, do silver of the years teuches our temples we begin to think we you, that lf'OU placed no limit upon tlle amount which Smitll W!LS to might well have left same of tb~ e thing-· unsaid,· and I rather draw out of your aceount for the fulancing of that campaign? think he might ha~e left run.said the statement that he w.as Mr. N.EWBIIIRRY. No, sir ; I never tllought about it. I just said, u Go glad and proud of the campaign. I think, however, he tried to allea1i and use what money you want." tell the truth. That man to-ld the truth. He might have -violated some law Mr. ALFRED Luon "G. Did you report every day to Mr. Newberry? in his uniawful expenditures, but John :s. Newben'Y w01lld not Mr. KING. I wrote to him very frequently, and when I was out commit 'Perjury. It was ,a small matter from ms viewpoint to meeting people I wrote him practically every day, telling him whom 1 spend this money in llll brother's behu'lf, but be scorned to com met and what they said and 'how ·they felt .al1ou t llli; candidacy. 1\Ir . .ALFRED LuCKING. How the campaign wa progressing? ·mit perjury and_testified, " I p:la.ced no limit.· I said to spend l\Ir. KING. Yes, sir. all the money that was neces ·a.ry, and [ contributed $99,900." Mr. ALFRED L-uCKING. And went down i:o consult with him tre- I continue xeading: i}uently? Mr. KING. Several times; not frequently. Senator Po~IERilNJl. Do you mean to say you do not know wbether Mt·. ALFRED LUCKIXG. About matters of policy? any .money wa"S borrowed from one or tlle other? 1\{r. KING. Yes, sir. (H., 469.) Mr. NEWBERRY. No, sir; I don't. I was the organization manager o! that Newberry campaign.- and I l Mr. ALFRED LucKI 'G. The fact is that since your father·s death your started out to make an organization that was the best one Michigan brother has practically run your business a.trairs? ever had. and I tried my best to do it_, and I think I did: (II" 472.) Mr. NEWBERRY. Ye , Air. • The man's impetuosity did not lead him intQ saying some- If that be true, then Truman H. Newberry, having charge of thing there that was untrue:. He said: " I started out to make his own brother's affairs, was contributing to his own account that the best campaign organiz.ntion that Michigan ever knew." when his brother contributed $99,900, becau e he had pTactical It is true that he did it, becal'lB.,e in the long and proud history of charge of the affairs of .John S. Newberry. that State, from the first year when she elected a Senator down Let us take a specimen of the methods resorted to by the through the silent years, she has contributed statesmen here, Newberry managers. George Murray was president of the Rail -she has contributed to the wealth .and strength .and glory of way Men's Relief A sociation, with 10,000 members, with head this Republic, but it was her nnigne distinction to give us a quarters at Muskegon. He was editor of the monthly magazin ·specimen of a political machine that could move with a celerity published by his association . .and a momentum theretofore unknown in politics. In May, 1918, Mr. King and Mr. Floyd came to him and paid The Quay machine and the Platt machine were mere tyros him $300 to work for 1\lr. ..,.ewb rry, and an additional $400 was compared to this one. This machine, without slipping a cog, -paid to the magazine and went into the as ociation's funds. without the presence of even the candidate to commit himself ' Up to that time Mr. Murray had not ait the same. I ha\e investigated his character, anu find that it stands the He who knows of the whereabouts of vouchers, books and test. • • • 1 1 trust that my friends among tt.e railway men of Michigan will records which- he suspects may in the future confound and em put their shoulders to the wheer and make this result absolutely cer ban·ass him spends but little time or effort to preserve such tain. The primaries come on August 27. * *' • t l?er.sonally indorse 1\Ir. Newberry's candidacy,. the man and the evidence. principle of sturdy Americanism which he represents. ' The testimony in this case sho\vs that the senatorial campaign in l\Iichigan in 1918 partook more of· the character of' an auc On August 8, 1918, nearly three weeks before the- primary elec tion than an election. its inception. to its conclusion it tion, Uu. Vandenberg, of the Gran.d Rapids Herald, wrote to From was a reckless and illegal foray of ormlent men-a foray con l\lr. ~ewberry as follows: ducted with a disregard of public morality and with a boastful DEAn. Sm: I desire to direct yoru· attention to certain phases flf the Michigan Republican senatorial campaign, which seem to demand very ness that"would be comical if it were not. sinister. If the des clear and explicit public statement from you well in advance of pri perate and dubious expedients resorted to in the senatorial con mary eledion. day, • • * I direct your attention to these spccifrc test in l\ficlligan in 191:8 to obtain a seat in this body were to charges which have appeared in responsible newspapers. become the general rule or the custom of persons seeking mem He then goes. on to point out that charges of·illegal and exces- bership here, then no man of limited means-indeed, no man iYe C:A-penditures of money have been made against l\Ir. New of ample fortune if honest--could enter the senatorial contest berry. l\ir. ~ re\Yberry replies cou.rteously and says in con with even a conjectural probability af success. clusion: To encourage the methods practiced in the senatorial, contest orr!rJ3a~k sf~t~ i~~ ~~~g:g me and appreciate the opportunity thus i.n 'l\licbigan in 1918 would be to embolden. and to multiply the I have not- paid nor am I obligated to pay anything· in connection most baleful assaults that can be made upon 1-epresentative with the senatorial primary, nor have I any official information thereof government. beyond the assurance of the Newberry committee that their accounts The testimony shows that the sitting Me.mbe"t wa.&•privy to will be- filed as required by law and all expenditures made only for such purposes as allowed by law. I have forwarded your letter to the com and inevitably, in the nature of eventS:, ha-d knowledg~ of those mittee, requesting them to send you a clear. cemprehenshrc, and ade facts concerning his own campaign, which scores of thousands quate statement for publication with your letter as you suggest. o.f men in l\Iiehigan well knew. He was warned by the- eilitor He then wrote a letter to his own business manager, inclos M the Grand Rapids Herald and bYi Lieut. Gov. Dickinson as ing :llr. Vandenberg's letter, and in w1iting to his business to the improper course of his campaign. His agents and man manageu he said, under date of August 9: agers kept him fully and con tantly. supplied with reports but I am inclosing a copy of my noncom.mital reply to the Grand Iapids he failed to put a stop to the disbursement of moneys~ made by paoplc, which co>ers the situati<>n in a. rather flimsy manner. his agents, with the obvious purpose of improperly influencing l\Ir. OWEN. What kind of a. manner? voter;::, and it is puerile to ay that a seat in this oody thus :\Ir. ASHURST. A rather flimsy manner. obtained p1ay not be declared vacant because, forsooth, the can ::u.r. CARAWAY. Would it interfere with the Senator if I didate !Eays he was oblivious to that one feature or his own cam should ask him a question? paign, which overshado,ved all othei.'& of the contest, which :\Ir. A.SHURS'R I will yield for a question. feature was.. so widely discussed and SO' notorious as to be ::Ur. CARAWAY. While the Senator is speaking of the letter known not only in ~lichigan but threugl10ut the length: aml which ~lr. Vandenberg had written to the junior Senator from breadth of the land. - ::\Iichlgan, the Senator will recall that Mr: Newberry tele- · Of all the persons inter~sted in that campaign. Truman H. graphed to Vandenberg in effect: "I am informed that the Newberry, the sitting Member, was the most· interested. He Newberry enatorial committee can justify this expenditure." was the candidate; he was the- man for and in whG.Se behalf Who informed him of that? That was on the 11th day of the expenENCEB]. spent at the primary was large--too large-* * *,'' and, fur Mr. HEFLIN. Mr. President, I suggest. the absence of a ther, "Your committee condemns the use of such a large sum of quorum. money in any primary campaign * * *." To these expr.es The PRESIDING OFFICER. The Secretary will ca.U the- :r;oll. sions I will simply add that the law and public policy also con The roll was called, and the following Senators answered to demn the use " of such a large sum of money in any primary their names : campaign." .Ashurst Dial Harriso.n ' McCormick The men who managed the campaign for Mr. ~ewberry, the Ba-ll · duPont He.fiin McKell aT Broussard Edge Hitchcock McKinley itting l\Iember, exhibited fertility, efficiency, and. industry that Bursum Elkins .Jones, N.Mex. MOset:t coul

-' 1006 OONGRESSION AL l{EOORD-HOUSE. JANUARY 10,

Owen Robinson Swanson Warren Mr. W A.LSH. Why does not the chairman of the committee Page Sheppard Townsend Watson, Ind. Peppet· Smith Trammell Willis have it printed as a committee document? Pittman Smoot Wadsworth Mr. KAHN. The chairman was of the impression that the Poindexter Spencer Walsh. Mass. Members of the House were very much interested in the .whole Pomerene Sutherland Walsh, Mont. subject, and the committee thought it might be well to have it Mr. HARRIS . . l\ly colleague [l\fr. WATSON of Georgia] is printed. absent on official business. Mr. MONDELL. It is a statement of facts, as I understand The PRESIDING OFFICER. Fifty-seven Senators having it, in regard to the real estate the Government owns. answered to their names, a quorum is present. 1\tlr. GARRETT of Tennessee. Is it expected that the full Mr. SPENCER. Mr. President, I understand the Senator committee will take some action on it? from Arkansas [l\lr. CARAWAY] desires to speak upon this mat· Mr. KAHN. The full committee will take orne action on it ter, but would much prefer to speak to-morrow, as he is not later. feeling very well this afternoon. Therefore I shall move that The SPEAKER. Is t here objection? the Senate take a recess until to-morrow. l\fr. DYER. What is the request? Mr. WADSWORTH. Is no other Senator ready to speak? The SPEAKER. That it be printed as a House document. Mr. SPENCER. I tmderstand not; but if any other Senator l\Ir. DYER. I ha ve no objection. · desires to speak this afternoon I shall, of course, not make The SPEAKER. The Chair hears no objection. the motion. CALL OF THE HOU SE. Mr. W ADSWOR'l'H. It is only 20 minute afte.r 4 o'clock. 1\Ir. GARRETT of Tennessee. Mr. Speaker, I make the point BECESS. of order that there is no quorum present. Mr. SPENCER. I move that the Senate take a recess until The SPEAKER. The gentleman from Tenne · ee makes the to-morrow morning at 11 o'clock. point of order that there is no quorum present. Evidently no The motion was agreed to; and (at 4 o'clock and 23 minutes quorum i · pre ent. p. m.) the Senate took a ' recess until to-morrow, Wednesday, Mr. MONDELL. l\lr . Speaker, I move the call. of the House. January 11, 1922, at 11 o'clock a. m. The motion was agreed to . . 'l'he roll was called and th following Members failed to a n wet' to t heir names: Ba rkley F ess Lanham Rainey, Ala. HOUSE OF REPRESENTATIVES. Beck Fi. h Larson. l\Iinn. Rainey, Ill. ~r~~: ~~~~ t t!:~~~i~ ~flr~~~: TuE DAY January 10 19!32. Bland, Ind. Fulmer Lineberger Rodenberg Bowers Gallivan McArt hur Ryan The House met at 12 o'clock noon. Brinson GoldRborough McDuffie l;nbath The Chaplain, Rev. James Shem l\lontgomer~· . D. D., offered Britten nould McFadden Schall Brooks , l'u. G1·cene. V t. Mansfield Shaw the following prarer : Cantrill Harrison Michaelson ' ' iegel Almighty God, somehow and eve'rywhere the darkness ·ettle Carter flerriclc Moore. Ill. Slemp Clark. Ir' la. Hooker l\Ioriu Smith, 1\iicb. only to be lifted by the morning light. Surely in Thee we have Cla s ~ on Humphreys l\Iott Stines our Fatherhood and over us is brooding Thy loYing patient Cockruu J ohnson, S.Da k. l\rudd 'trong, Pa. heart. We would not hide from Thy face, but we would look Cole, I owa Keller Xel ·on. John M. Sullivan Cramton K ennedy Kolan Tag ne up and beseech Thee to freely grant us pardon Qf all our sins. Cullen Kindred 0 ' nrie n Taylor, Colo. Enable us to be wisely jealous of all Thy right~ and help us Deal K irkpat ricl{ Ogden Tinkham to value this day in its immediate duty and see in it a helpful Dunn Kitchin Osborne Ward, N.Y. Dupre Knight Park, Ga. Wingo service for our country. As our time ebbs and flows lead us Echols Kt·eidE"r Patterson, N.J. Winslow forward, onward, and upward until we reach the e\ening of Edmond Langley Pou Woodyard life's little day. Through Jesus Christ our Lord. Amen. 'l'lle SPEAKER. Three hundred and thirty-nine Members The Journal of the proceeding of yesterday was read and have answered to their name. . A quorum is pre ·ent. The approved. Doorkeeper will open the doors. REALE 'TATE HELD RY THE WAR DEPARTMENT. The door wet·e opened. Me. \OLSTEAD. Mr. Speaker, I move to dispen with fur- 1\fr. KAHN. Mr. Speaker, I desire to have the following re ther proceeding under the call. . port of the subcommittee of the Committee on Military Affairs The SPEAKER.' The gentleman from Minnesota move that J)rinted as a House document for the use and information of .the further proceedings under the call lJe dispensed with. The ques Members of the House. tion is on agreei]lg to tha t motion. The SPEAKER. The gentleman ft·om California asks unani The question was taken, aud the Speaker announced that the mous consent to have printed as a House document a report " ayes " nppea red to have it. · which the _Clerk will report by title. Mr. GAHRETT of Tennessee. l\lr. Speaker, I a sk for a divi- The Clerk read as follows : sion. . Report of the subcommittee of the Committee ou Uilita ry Alia irs The SPEAKER. The gentlemn n from Tennessee a ks for a concerning real estate held by the War Department. division. . 1\Ir. WALSH. Mr. Speaker, reserving the right to object-- The Hou ·e out· Bulwinkle Clouse Davis, 1\finn. this is a report from a subcommittee to the full committee. Begg Burdick Codd Dempsey Nov;•, the full committee has not considered it? Benba.m Burke Coll", Iowa Denison Bird Rurt'oughs Cole, Ohio Dou~hton Mr. KAHN. No. And the full committee has not bad an Bixl r Burtness Colton Dowell opportunity even to see it, beca.use it is not printed. Blakeney ·Burton Connell Drewry 1922. CO GRESSIONAL RECOUD--HOUSE. 1007.

Donbar Ireland Millspaugh Smith ick l\lr. l\loORE Of Illinois with Mr. WILso~. Dyer .James :llondell Rnell Mr. LINEB:ERGER with Mr. Kl:TCIDN • .Echols .Jefferis, Nebr. Montagu-e ,'nyder Elliott .Johnson, Ky. Montoya Speaks Mr. KE~NEDY with 1\lr. TAGUE. Ellis ,Johnson, S. Dak. Moore, Ohio Sproul Mr. DUNN with Mr. CANTniLL. Evans .Johnson, Wash. Moore, Va. Sta.frord Mr. FREE with Mr. GRIFFIN. Fairchild Jones, Pa. Moores, Ind. Steagall Fairfield Kelly, Pa. MOI'gan Stedman Mr. KAHN with 1\lr. DUPRE. Faust Ketcham Murphy Steenerson l\lr. 0SBOltNE with Mr. WINGO. Fenn Kiess Nelson, A. P. Stephens l\lr. STRONG of Pennsylvania with Mr. CULLEN. Fisher KiK!ngaid Ne~on, Minn. Strong, Kans. Fitzgerald ink Newton, Mo. Summers, Wash. Mr. BLAND of Indiana with ·Mr. McDUFFIE. Focht Kissel Nolan Sweet l\lr. KNIGHT with Mr. PARK of Georgia. Swing , Fordney Kleczka Norton Mr. LA~CE with Mr. CKR'I'ER. Foster Kline, N. Y. Olpp Taylor, N.J. Frear Kline, Pa. Padgett Taylor, Tenn. Mr. STINE'SS with Mr. BLACK, Freeman Knutson Paige Temple Mr. OGDEN with Mr. RIORDAN. Frenclf Kopp Parker, N. Y. Thompson l\lr. PATTERSON o:e N-ew JerSey with Mr. KIYD"BED. Frothingham Kraus Patterson, Mo. Tilson • Fuller Kunz Perkins 'I'imberlake 1\lr. KEARNS with Mr. O'Blu:E~. Lampert Petersen Tincher Mr. ~ss with 1\Ir. CaMPBELL of Permsyl\ania. Funk Towner Gahn Lankford Porter Mr. PURNELL with Mr. SULLIVAN. Garner Larsen, Ga. Pou Treadway Gensman Layton Pringey Underhill l\lr. GRA.II.Alf of Pennsylvania with l\11'. BmNsoN. Gernerd Lea, Calif. ·Radcliffe Vail-e l\lr. BRooKS of Pennsylvania with Mr. HAirnl:soN. Glynn Leatherwood Raker Yare l\lr. GREENE of Vermont with Mr. TAYLO:R. of Colorado. Goodykoontz Lee, Ga. namseyer Vestal Gorman Lehlbach Ransley Vinson Mr. EDMONDS With 1\fr. GoLDSBOROUGH. Graham, Ill. Little Rayburn Voigt l\lr. KRIEDER with Mr. RAL'iEY of Alabama. Greene, Mass. London Reavis Volk l\lr. CoNNOLLY of Pennsylvania with Mr. FuLMER. Griest Longworth Reber Volstead Hadley Lowrey Reece \Val h Mr. ANDERSON with Mr. J"EFFERS of .Alabama. Luce Reed, N.Y. Walters Hardy, Colo. ·wason The result of the vote was announced as above recorded. Haugen Luhring Reed, W.Va. Mr. G.ARRET'.r of Tennessee. 1\lr. Speaker, I move that the IIawes McClintic Rhodes Watson Hawley McCormick Ricketts Webster House do now adjourn, Hayden McKenzie Roa,ch Wheeler l\lr. LONGWORTH. I make the point of order that that Hays McLaughlin, Mich. Robsion White, Kans. motion is dilatory. Hersey l\IcLaughlin, Nebr. Rogers White, ~!e. Hickey McLaughlin, Pa. Rose Williams The SPEAKER. The Chair thinks the motion is dilatory, Hicks MacGregor Rosenbloom Williamson but he is open to conviction, and will hear the gentleman from Hill Madden Ross

The question is, ·r ·human life less sacre.U than the appetite o·f men or black woinen? If the courts are impotent in the sec the individual whid1 we seek to control through our prohibition tions of the country where .these crimes are committed to pun legislation? Human life should be takeil only after the most ish those who commit the crimes, then tllere ought to be some sacred and painstaking legal consideration. Crime should be remed;r. What is the remedy? This bill proposes the remedy. punished by whomsoever committed, but it should be punished I want to see it passed. I want to see the laws of the land only after a fair trial in the courts of the land by a jury of our enforced as to everyone, the ·rich and poor, black and white, peers. [Applause.] The Constitution of the United States Jew and Gentile. Everyone in America, no matter what the guarantees life, liberty, and property. Is life less sacred than color of his skin may be, as long as he behaves himself js property, less sacred thmY liberty, that we should permit to go entitled to the protection of the law. Everyone in America. unpunished mobs here and there and everywhere who ta-ke unto who fails to IJehave himself and violates the law should be themselves the right of life and who pu_nish by lynching some punished. one, perhaps, who may be charged witl;l a heinous crime for I am in favor of law enforcement to the letter, not only in which the courts would punish that person if the ease was prop connection with this sort of crime but in connection with all erly presented and tried? crime. I do . not believe there is any man in America who The time has come when we can not call this the land of should be powerful enough to escape the punishment that is human dignity and human liberty unless we eradicate this ap justly his for any crime that he may commit, after a fair trial; p~lling evil. Among the greatest achievements ever accom but he ought to have the right of a fair trial. plished by civilized nations was that accomplished by America The laws of the land provide that he shall have. If he does when it freed the slaves. It gave to the _world the evidence of not have, then the laws -of the land are violated. I know of no our desire to place men where they could have an opportunity to crime that anybody can commit against which the ·law should make progress as men and not as chattels. be more rigidly enforced than this crime of lynching. A man They have made this progress to a greater extt:mt than that may commit murder and he may do it in a passion, in the heat of any race that history reveals. To-day the Negroes of America of the moment, but you would not lynch him for that. You - have among them teachers, preachers, doctors, artists, merchants, would give him a fair chance to be tried, you would give him a. manufacturers, bankers, and are engaged iii every useful occu ~hance to be tried before a jury of his peers. If the evidence pation which America affords. They have men of education and was against him, you would convict him, but if it was proven refinement among them. Their heart beats with as much love that he was not guilty of the offense of murder he wo\}ld be for their offspring and for the liberties that they ought to enjoy either acquitted or perhaps be convicted of a less crime. as the heart of any other man in any other race. Why should Nobody can say that a mob, organized deliberately for the tak we as a great Nation, claiming the leadership in the world's ing of life and foiling the Jaw of the land, does what it does in progress, any longer hesitate as to what our attitude shall be the heat of passion or without deliberation. There can be no with respect to the treatment of this great people? question but that the organizers and participants in a mob The antilynching bill pending before the House is not a bill should be tried, and should be tried instanter-without delay, and in favor of the protection of the Negro particularly. It is in a quick and sure punishment should be meted out for the crime favor of law and order. [Applause.] It is in favor of law en they commit; but even then I would not advocate that those forcement. It is a bill to provide for the enforcement of the law people should not be permitted to be tried. I wonld not let some in sections of the Nation where the political units of the Nation other mob take the law into his own hands to punish those who refuse to enfo1·ce it themselves. were guilty in the first mob. I would insist e-ven then that they Will anybody doubt the wisdom or the justice of the law should be tried. Every man who commits a crime in America. is that will punish crime? Does anybody deny . that this law entitled to a trial. He is entitled to the protection of the law. pretends to do anything more than that? 'Vill anybody doubt If the law provides that his life shall be taken because of the the necessity and importance· of giving to the world a declara crime that he commits, then his life ought to be taken; but it tion such as this law will contain, and that is that America does not pro-vide anywhere in t11e law, it is not written on any no'' and henceforth proposes to wipe this stench from the statute book anywhere in America, that any number of men annals of its activities? Will anybody doubt that life shouhl outside of the law, even officials of the Nation, shall be per IJe protected and that mob violence should be eradicated a.q/1. mitted to take the law into their own hands and hang innocent eliminated? Will anybody say, no matter who he is or how men or even guilty men. So, Mr. _Chairman, I am in favor oe much he may be opposed to any freedom for the Negro, that this bill and I am anxious to see it passed, and passed without he is not entitled to the protection of the law in the land delay. [Applause.] whe e he has been accorded the rights of citizenship? Will The CHAIRMAN. The time of the gentleman from Illinois anybody say that the nation which commands his life in time has expired. of war, drafts him into the service, where he must give every By unanimous consent. Mr. MADDEN was granted leave to ex thing he has for the freedom and protection of the nation tend his remarks in the RECORIJ. under which be lives, that he is not entitled to the protection 1\Ir. SUM~ERS of Texas. 1\lr. Chairman, I yield 45 minutes of the nation which he is giving his blood to preserve? [Ap to the gentleman from Arkansas [Mr. Tn,LMAN]. [Applause.] plause.] Will anybody say that mobs may be organized any Mr. TILLl\IAN. l\1r. Chairman, I ask the same privilege where and that no law exists for their punishment? Will which has been accorded other Members who have spoken upon anybody charge or assert that because some man, forsooth, this subject. If I fail to conclude my remark~ in the time who may be a Negro, is charged with the commission of a allotted me, I ask unanimous consent to extend and revise them crime, that he is not entitled to a trial before a jury of his in the RECORD. peers? Why do we organize the courts? Is it for the purpose of protecting only one class, or are they representative of the The CH.AIRMA. ..:..,. Is there objection? citizenship of the Nation? There was no oojection. l\fr. TILLMAN. Mr. Chairman, I quite agree ~ with the gen .Mr. CO~~ALLY of Texas. Will the gentleman yield? Mr. 1\IADDEN. No; not now. I am not in faYor of permit tleman who has so long and ably represented the first district ting anywhere in this land the oJ.·ganization of any number, ill Illinois [1\Ir. l\!A.DDEN] in what he said about the desirability no matter how powerful they maye be, to take the law into their of law enforcement. Americans ought to be and in the main own llands. are a law-lo-ving, law-respecting people. The law should be l\Iany -men have been lynched because it has been said that supreme, and no man who has spoken on our side of the House they committed rape. No man who would commit rape should and no one o-ver here who shall speak upon this question but be allowed to live, but he ought to be tried and con-victed by will deprecate mob murder. No man can justify or excuse it. the courts, I do not care whether the man be black or white. I have a few words to say in explanation of why it occurs, Such a crime should not go unpunished any longer than it takes but no man will go further than I. or than our side will go to to try and convict the man who commits it, but who shall say prevent lynching in America. that the courts are not to be permitted to try the case? Shall I belie-ve also that we should respect the fundamental I a w of some mob somewhere be permitted to take a man charged with the land, the Constitution of the United States, and I assert that crime from his own home, perhaps a man it may be who is there is not a judicial officer in the State of l\Iissouri, where innocent, and who frequently is, and lynch him because his lives the author of this bill, from the chief justice of the su skin is black? How many of these lynchings have happened preme court down to the humblest justice of the peace, who will in the case of white men? Not many. That would not last say that this measure is warranted by the Constitution. long. These people who presume to arroga~ to themselves Mr. CHANDLER of Xew York. l\Ir. Chairman, will the gen the right to dictate the law of the land while they are :violating tleman yield? the law would not go very far in the communities where they Mr. TILLl\IAN. Yes. .livetl if they undertook to lynch white men, and why should l\fr. CHA...l\;DLER of New York. How does the gentleman Utey go along very far when they undertake to lynch black know that? Has there been any adjudication upon the subject? LXII--G4 1010 CONGRE SION AL R.ECOR.D-HOUSE. JANUARY 10,

Mr. TILLMAN. Everybody, even the gentleman from New sion of indh·idual rights, and that Congre had no authority tn York, knows that this particular bill has not yet passed, and make affirmative laws for its enforcement. thiJ fact answers his query as to whether or not there has been The recent case that reaffirms this doctrine, and which i ·· con a · judicial interpretation upon this measure, but if the gentle clusive as to the unconstitutionality of this measure, should it man re~pects the Constitution and will listen to me, I think I be made a pa.1;t of the statute , was the opinion deliverell by can convince him that the highest court of the land has said .Judge Brewer in James v. Bowman (vol. 190, U. S. Supr me emphati_cally in so many words that the principles and pro Court). This case involved the construction of the fifteenth visions of this bill are without ·constitutional warrant. amendment, and it is the veriest quibble to say that because this l\Ir:. CH.A..l'IT)LER of Kew York. The gentleman will admit decision interpreted legislation under the fifteenth amendment that this bill has not yet been pa sed into law. that it does not control in a judicial interpretation touching x l\fr. TILLMAN. I have just so stated, but a similar question actly the same language used in. the fourteenth amendment. or exactly the same question has been passed on. This bill is Listen to the langu~ge of the fourteenth amendment: based upon the fourteenth amendment; and I will get to the Nor shan any State deprive any person of life, liberty, or property legal proposition later and ask that I be not intelTUpted for without due process of law, nor deny to any person within its jurjs a diction the equal protection of the laws. ti~ . The partisan majority have selected an unpropitious time to I ventured to interrupt the gentleman from Kansas [1\lr. propose a measure which in its scope and purpose is radical. CAMPBELL] when he was asking for the adoption of the rule revolutionary, and sinister. Its proposal precipitates sectional making. this bill in order, and suggested to him that the word bitterness and sectional strife. This, too, in a season of peace · "State" was clearly the subject of the verb "deny," antl yet on earth and good will to men, and yet in this season of blessed the gentleman from Kansas denied this clear inference and said peace you are declaring: war against the philosophy of our sys~ in effect that it meant no individuals or individual shoultl tem of government and are seeking by this bill, utterly without deny, and so forth. If his contention is correct, then this last constitutional warrant, to impair, if not destroy, all that is left clause should read : of local self-government and State sovereignty. Nor any individual deny to any per on within its jurisdiction T(H}ay England, our ancient enemy; Japan, our late potential Within the individual's jurisdiction- foe; France, always our friend and ally ; and our own Gove:t"'l~ the equal p-rotection unde-r the law. ment are entering intn peace agreements that pTomise partial The pronoun ' its" as- used in tbe amendment has tbe l\"Ord relief for generations frarn war and war burdens. Nations now " State," of course, for its antecedent. are stripping for peace, not arming for conflict. To-day Great Tbe fifteenth amendment provides that the-right to vote llall Britain and rreland hR\e just settled a seve~century quarrel. not be denietl o1· abriclged b~ any State-mark you, by any Yet in the midst of preparations for world peace the haughty State, not by any individual or individuals--on account of· race, majority in this House, blinded by party passion and obsessed color, and so forth. bY' a pitiless lust for punishing. the section which furnishes the The prohibition in the two amendments are identicaL ...... ow. small minority in this Chamber-, have tossed between you1· side Judge Brewer, a Republican and one of the best lawyers that of the House and ours an apple of discord in the form of House ever graced the Supreme Court bench, :flatly says· that the bill No-. 13, which you well know will provoke violent contro clauses in both the fourteenth and fifteenth amendments "re versy, and which we know and you know ""ill aggravate, not late to action by a State and not by individual ." cure, the inexcusable crime of lynching. Louis XIV said, " I am the State," but no p1·ivate individual Let us have peace at home arid throughout the worlU. You and no- group of private individuals in .A. .merica CUill arr<>gat to will get this iniquity through the House by your usual strong themsel'res State overeignty, or have this dignity conferred arm methods, but never through the Senate. We lose patience upon them }}y congressional legi la:tion. In this connection. I sometimes with the Senate because ot its perennial and copious appeal from Louis XIV to· the Supreme Co-urt of this Nation. I outpourings of words, because of its archaic rules permitting appeal from the dictum of · the gentleman from Kan....~ [.Jlr. unlimited debate, but its lack of cloture once saved us from the CAMPBELL] to the judicial opinion of a gre :ter Kansa~ Judge force bill, and it will saYe us from this vicious but silly a sault Hrewer. ThiS" sorry measure, if any supre-me bench coolcl: be on the Constitution. found to declare it warranted by our organic law, would mean While I am not enrolled as an accredited adnser of tl1e R~ the changing of the American Republic. The State legislature publican organization, I doubt if there iS· any party advantage and State courts would be reduced to pitiable impotency. iti to you in the tactics involved in attempting this character of zens of any and every State would be in the sam.e- attitude as legislation. I know this will weaken your party in the South. were subject citize-ns of tbe Roman State tmder the lJlO. t You have made gains in the South through your protection tyr~nnical of the Caesars·; they would be tm.der the surveillance policy. You will neutralize these gains by the advocacy of this of the central government, looking to it for protection in their bill. Party history will repeat itselt At the close of the war persons and property and dreading its arbitrary power- hould between the States the radicals were ln control in both House they willfully or without ..intentiQn go contrary. to any of it and Senate, and party trategy sugge-sted to them punitive legis regulations or- requirements. lation toward the prostrate and stricken South. Thaddeus If a law can be ena-cted and enfo-rced, providinm that oun Stevens, forceful, truculent, and cynical, a fanatical hater of ties must be penali.Y.ed in the sum of $10,000, every citizen tbe South, but with a keen, logical mind, dominated the ThirtY.. thereof being innocent of wrongdoing, should a man after~ ninth Congre s, and on December 5/ 1865, inh·oduced the four wards lynched be carried tln·ough the same, then we will take teenth amendment. This amendment was not adoyted until a backward step of nineteen c~nturies. after a three-year spirited struggle. Conservative men of the Gen. Lew Wallace, in "Ben Hur," rela.tes an inWest Virginia or Kentucky or some spar ely that this amendment offered no protection from Indh-idual inva- settled county of 1Vyoming· or Montana or· a desert sec-tion of '

1922. CONGRESSIONAIJ RECORD-.HOUSE. lOll

Arizona or NeYada, where a levy of $10,000 would mean to the 1\ir. REAVIS. Under the te1:ms of this bill as presented to the taxpayers thereof immediate bankruptcy. Woe to the Members House it is not essential that the crime be committed. in the from those sections who Yote for this -infamous measure when county. these counties are called upon to pay such a penalty. Such Mr. TILLl\IAN. No; if the mob simply passes through the Members will certainly be mobbed politically, if not physically county it must respond in ~ fixed penalty of $10,000. lynched. [Applause.] Mr. REAVIS. If they pass through there in the night Gentlemen say this is r.n important measure. Oh, supr.emely time- - important; so important that the .Judiciary Committee must Mr. TILLMAN. Without a single citizen of the county ever report the same during the special session. The Attorney Gen· knowing · it, the mere ingress into a county costs that county eral's office must be drafted to overrule Judge Brewer with $10,000. [Applause.] regard to it constihltionality. The Rules Committee must In the speeches so far made on this bill no proponent of the strong-arm it to a place on the calendar and to a vote. Indeed, same has deplored the awful crime which provokes many lynch it is heavy stuff. The gentleman from New York [Mr. CocK· ings. The majority of the .Judiciary Committee, in its report r.A.N] should have withheld his declaration as to the decadence recommending the passage of the bill, seem to view with silent of the House of Representatives until the advent of this flash unconcern this important feature of the subject. I am opposed of real statesmanship, then he would have felt more hopeful of to the abominable cult of mob murder. It is barbarous, in· the House. Soldiers' bonus bills, tariff, revenue, refunding bills, defensible. The southern press, southern ministers, public the great supply bills, and a thousand important measures must men, judges, and officers condemn the frightful practice and halt and wait untii this most important matter is considered. do everything in their power to prevent it, and yet they deplore - The great world question of stabilizing exchange, so necessary and attempt to stop the shameful and brutal crimes against for our foreign trade, must wait on this great bill. The proud women, and while these crimes are not the only ones for which English pound sterling is still 10· cents below its prewar value. mobs visit upon criminals what they consider wild justice, if The French franc, the Italian lire, the Austrian crown, the Ger· that crime can be prevented I think it would be easy to stop man mark, are almost valueless, and the all-important thing to lynching altogether. do is to take legislative steps to appoint a commission to co The attitude of the majority and other partisans of tllis operate with foreign powers to stabilize world eurrency, but measure in stressing the enormity of lynchings and in ignoring this world-wide issue must wait until this Republican Congress the crime largely responsible for the same is bearing and will stabilizes the value of dead rapists. [Applause.] continue to bear its inevitable fruit. - You have been deflating many things. You have deflated 1\Ir. KEARNS. Is it not true that every State- in the Union corn from $2 a bushel to almost nothing, but now you propose has a law that gives to anyone who is injured by mob violence to inflate dead criminals from almost nothing to $10,000 each. a certain indemnity? Seriously, why not address yourselves to the task of creating a Mr. TILLMAN. He has the right of suit, or his estate would foreign market for our surplus corn, wheat, copper, live stock, have, against the party or parties who commit a tort against and manufactured products instead of creating an artificial and his person. · inflated home market for surplus criminals, white or black? Now, please let me proceed without further interruption. The bill provides, first, that a mob or riotous as ·embly is l\Iy good friend, Dr. FEss, the imperial highbrow from Ollio composed of five or more persons acting in concert for the pur [laughter], spoke for this measru·e on December 19, as did pose of unlawfully depriving a person of his life as a punish others, decrying lynching and not condemning assault upqn ment for crime. Under this freak measure if four or a less women. The motion to consider the bill in the Committee of number of people lynch a man they are not affected by this the Whole was passed on the 20th, and on the 21st the Wash proposed legislation. ington Post says the following outrage happened in the Capit.:'ll Second. That if any State or governmental subdivision fails, City of the Nation, the Capital of a proud people, who respect neglects, or refuses to provide and maintain protection to the womanhood: life of any person within its jurisdiction against a mob or ThoQlas Minar, colored, of 2002 Eleventh Street NW., was committed to jail yesterday by Police Judge Hardison and charged with assaulting riotous assemblage such State shall by reason thereof be deemed Mrs. Helen Lowe., of 1107 Eleventh Street NW., Monday. to have denied to uch person "the equal protection of the • • • • * • • Jaws'' of the State. According to the story told by Mrs. Lowe, as she entered the hallway to bet· apartment she -was attacked by the Negro, who was lurking in a Third. That any State or municipal officer charged with the dark spot, and was choked and struck several times in the face. The duty and authority of such officer to protect the life of any per alleged assailant of Mrs. Lowe is said to have been frightened ol'f when son that may be put to death by the mob, or who has such a door was opened in another apartment in the building. When the victim of the attack entered court yesterday morning and person in his charge as a prisoner, who fails, neglects, or re saw Minar sitting at the trial table, she turned to her husband and fuses to make all reasonable effort to prevent such person from trembling, seized his arm and collapsed. being put to death, shall be guilty of a felony. This wretched bill and the conduct of its friends and pro Fourth. Any State or municipal officer charged with the duty ponents will multiply assaults upon women and thus increase of apprehending or prosecuting any person participating in .such materially the number of lynchings. . mob who fails, neglects, or refuses to make all reasonable effort This is a delicate subject to discuss in polite English, and yet I to apprehend and prosecute to final judgment under the laws of feel that the issues presented by it should be debated with can such State shall be guilty of a felony, and so forth. dor and in plain speech. We are so builded that we sometimes Fifth. Any person who participates in a mob, who takes from lose control of ourselves when our loved ones are made victims the possession of any State or municipal officer any prisoner of foul assault, and I make this trite observation, not in defense held by such officer and puts such prisoner to death shall be of lynching but in explanation of its prevalence. There is no sent to the penitentiary for life or not less than five years. man in this House, I take it, who would not rather see his Sixth. Any person who participates in a mob, who obstructs daughtei.·, mother, wife or sister dead than to see her made the or in any way prevents a State or municipal officer in dis victim of a brutal assault, and girls and women in many sections charging his duty to apprehend, prosecute, protect, or punish of the South where criminal Negroes live are in constant danger any person suspected of or charged with any public offense and of a fate a thousand times worse than death. The feeling of the puts such person to death shall be guilty of a felony and pun average man as regards his women's honor was well set forth ished as above stated. in stirring verse by Lord McCauley in the Roman balfad " Vir Seventh. That any person who participates in any mob by ginia." Virginia, an innocent schoolgirl, with her small tablets which a person is put to death shall be guilty of a felony and and satchel, not dreaming of shame or harm, went bounding punished as above stated. home from school and was seized by Marcus, who wanted her for Eighth. That any county in which a person is put to death his master, Appius Claudius, for a shameful purpose. Her by a mob or any county into which or through which the Yictim father, grim old Virginius, in kindness to her as well as to him is carried before he is put to death shall forfeit $10,000 to the self, snatched a knife from a booth, determined to saYe his family or, if be has no family, to the Gowrnment. daughter: Ninth. That the Federal judge in whose court such forfeiture From nameles evil that passeth taunt and blow, is recovered shall haYe tile power to issue n mandatory order Foul outrage which thou knowest not, which thou shalt never know. commanding the tax-levying officer of such district or countv Then clasp me round the neck once more and give me one more ldss, And now my own dear little girl, there is no way but this. to levy a tax on the property of all the taxpayers of the entire With that be lifted high the steel and smote her in tbe side. county for the payment of such forfeiture, and if such State And in her blood she sank to earth, and with one sob she died. officer refuses said Federal judge shall haYe the power to com His further purpose in doing this was set forth in the couplet mit such officer to jail aF: for contempt of court. that follows : · Mr. \Vill REAYIS. the gentleman yield? Still let the maiden's beauty swell the father's breast with pride. Mr. TILLMAN. I shall be glad to yield.. Still let the bridegroom's arms enfold an unpolluted bride.

... 1012 CONGRES~ONAL RE09~D-HOifSE. J ANUA.RY 10,

That feeling in the breast of Virginius .impelling him to -slay' The following item .1mblisbed in tbe Tim-es of October 23, 1U20, .his own daughter ·dwells in the breast of evecy rr-ed-b1ooded may be of interest a.lld may be regarded as significant: father in America to-day, and I lose patience with men .who .Frequent interruptions 'IDllDked a mass meeting of ·more than .2,000 dwell .at length .on the enormity of mob murder, and it can -not Negroes at Louisiana Hall, 911 North Vandeventer Avenue, last night, "'When Co.ngressmm ·DYl!lR, :.Republican candidate for reelection, made a be defended, ana yet offer no word of ·complaint because of the rplea 'for ·the 'SUpport of his candidacy. crime largely responsible ;for it. The solemn truth is that -the Hecklers from rival camps were on the outskfrts ,of the audience •and most dangerous i-na deadly animal living is not the man-eating for a time m:ule it _impossible ior DYER to go on. 'DYER appealed rto the ·voters to vote 'for him, declaring -that every tiger of the jungle, nor .the blood-thirsty lion of the desert, -nor ·vote cast 1or Robert Owen, 'Negro nominee •Of the Farmer-Labor •Party, the hooded cobra of India, not the .diamond .rattlesnake of the would mean a •vote·for Samuel ...Rosenfeld, whom :he branded as a "Texas western plains, but the lewd brute, black or white, who 'wuuld Democrat:'' defile or .pollute pure -girlhood or .:womanhood. And all through .Notso bad, the inference is, for the NegTo ·Owen to go to Oon .the South to-day a million sweet-faced 'Vir.ginias with tablet.and .gress, but for heaven•-s .s.ake .do not discredit the State by · end satchel go si.rlging on their -way to -school, :not knowing ;wb,at ing ~a. " Texas .Democr·at " to Washington. ·The item proceeds : lechery ·and .outrage mean, ..vnre as the lily's spotless Jeaf, but Henry Lincoln .Johnson, ' R Negro Bepublica.n .national cconmitt~an covertly watched by the vulture ·eyes of black riminals, reaqy from Georgia, urged the .Negroes to vote ·the straight ;Republican :ticket, and-eager to as ~ a-t.ilt and to ruin :them. TA.ppl.ause.] ·saymg that during ·the regime o:t 'President Wilson 3,96.1 Negroes .have ·.been lynched, .23 of -wham ·'Were 'Women, and all ·of whom were ·members Several ·years ago Margaret Lear, ~4 ;y-ears •Old, was ~ coming :of :the ':Nati:o.n's :overseas :furce. home .from the -Shreveport, La., tHigh School. She lived :\'ith 'The majority T(lport 'mentions only 10 Negro ex-soldiers :and ·her mother, a poor widow, on .the edge of the aity, ·and her ·way took her_.::past a _Negro saloon . .out of·that ·salQon -staggerea ·a only :2;t)22 Negroes :alto:ge1iher, as having be-en lynched in i:he 'Negro named Coleman, "·drunken," rfrom :the ·testimo:Qy, ":on •last 30 :years. Now, that ·was ·an interesting me-eting. Louisi . cheap gin." :He 'followed ;her to . a ditch ·on the -edge of a :field, ··ana is a warm 'State, and Louisiana ·nan, in ·st. Louis, the 'Ilight of October 22, .1920, was a ·warm :hall, a.s 1t was ·crowdeu ~With assaulted her, ·and then -shot her. When he had :gon-e .the child over ·2,000 :perspiril:!.g Negroes, and there was wuch 'lteck.ling on dragged herself along the field to her mother's .gate, and ·there, the -outsliirts. ·So from the ~imes's description we Jmow ·that clutching the pickets, she died. 'She waJs ·the daughter ·"Of a meeting was -noisy, turbulent, and ·neprtblican, even if it was ,widowed mother. She :had no :fn.ther to ,protect .her, "no ·b.roth-er ·not a-s .fragrant as a gentle·sunnner zepbyr1that .hatljust we_pt -tn a ~sister's quarrel·bolu," ..and it -seems ·to me llllo.re desirable io protect the life and virtue of the orphan ·'Mfn;gaFet ·Lears of rthe over a bed of violets. TLaughter.l -country and more in:ro01tant to vote .penalties :to _keep the · ;volf Henry Lincoln Johnson, ·who is he? He is the 'Negro ~ap pointed recorder of deeds :for ·the :District of ·Columbia Iby the from ·the ·door of ·their widowed mother-s, aftel' •they -are mur ··President, and whose .nomination •went ·out of the 'Senate Cham dered by black brutes, than it is to vote ·penalties ·to 'the ·sur ber on "the ·toe of the ·Senatorial boot. He .further appears 1n vivors ·of lynched \ictims. The Negro Coleman ,, as saved 'the published hearings nn the ·subject of ":PreSidential campaign from a 'lllob by .the .authorities and wa-s legally tried. .and -exe ·expenses," •on page will .put ··on the stand and allow cuted. 952. I him him ~ to .;speak ·for himself. I quote ·from :the 'PUbliShed testi 'Vhat a handsome ~insuran~e policy •without premiums required mony ·taken under ·Senate resolution ~No. "357: you are-present.i.Q.g ·to millions of;potential criminals. We :Demo t':)ena-tor 'REED. Tou must be quite an in.lluential .man. crats ·voted -our soldiers a : 1.0,000 policy, the ·maximum, =but re 'Mr .. JoHNso.". ell, ·I do·not lm:ow about thrt. 'l am simply a fellocw, ·quired ·them to pay for ·it. You are 1voting the ieious criminal Senator REED, "Who ,has ~ been un.der .considerable vihulatioD. I •ha:ve ·element of t11e country -a princely nonforfeitable policy,.n.o rpre ·never hesitated to -speak .out .about the ·matter sf 'the barbarous incin.er.a i:ion of human .beings in Georgia. .miums .asked. The ·soldiers' -compensation mieasures ·must wait ~he CH:AmM.A.N. How :much mo.ney dld -you re.ceive 'from •the Lowden ··"-·hile you vot-e generous gifts to rapists .and 'lllUrderers, .and forces? ·· do you not know tlmt these :policies will encourage fhe vicious .l.lr. JOHNSO~ . .About .$9,000. to take chances on committing crimes for which l)J1Olitical •manager, is be ? The author of.No. 13 is a stalwart wet. Mr. JOHNSON. We thought be was up t

A man, white or black, who will sell his vote should be denied There is also fraud at the ballot box. Those desiring to make the choice can vote for Anderson; those desiring to prevent Negro domi the right to vote, and the man who will buy a vote is worse nation by legal methods will vote for the candidate of the party which than the man who sells it. adopted those methods an.d saved the State from Negro councilmen, Now, good friends, sweep off a little of the mud on your Negro Congressmen, and from the necessity to fight by whatever mean~ were available to prevent the election of even more Negroes to office. doo~ steps before you lose so much sleep thinking of the dust that lays at our door. Your trouble is you play fast and loose ; you blow hot and The Republican Party has never played fair with the NeO'ro cold with your colored brother, a4d he has about found you out. and never· will. You made him believe that he would be ~c We do not deceive the Negro. We encourage him to acquire corded social and political equality with the whites and you property, and the majority report shows that the people and knew that to be impossible. You tell him lle must have poli the laws of Georgia are so fair to him that he has accumulated tical equality, which means a degree of social equality as well there 1,664,368 acres of land and pays taxes on $47,423,499 and yet no Negro has been or will be appointed postmaster in ~ worth of property. He sometimes leaves the South, but he soon single city in Ohio, Indiana, or in any northern· State and finds the northern Republicans are uncongenial and he comes Negroes have the balance of power in many northern districts. back home, where the climate ahJ. the people are more to his You never place Negroes on your State or county tickets in liking. the North. 1\foreover, you know this bill is impossibl~ un The gentleman from New York [Mr. ANsonGE] is greatly warranted by our organic law, and will never pass -the S~nate. shocked at the barbarism exhibited at the burning of the Negro, Your treatment of the Negro, so far as redeeming your many Henry Lowrey, at Nodena, in my State, a year ago. He does promises to him is concerned, is a full half century of false not seem in the least disturbed over the fact that the Negro pretense and deceit. had killed in cold blood in their own home Mr. Craig and hiq When the test comes, who is his real friend? The southern daughter, 1\frs. Williamson. While the gentleman from New man who gives him work and pays him for it, and who votes York holds up my State for this and other murders, which we and pays taxes to educate his children, or the northern Re condemn and strive to prevent, I remind him that there is no publican who promises him political equality and offices and State in the Union in which more shocking and revolting crimes desires him to have those _things only in the South, wher~ you are committed than in his own State of New York. know that he can not obtrun them? Our Republican brethren from Massachusetts are supporting Here is what you are doing for. him now in the South: this measure. They can find no justification, no extenuating Arkansas is a typical far Southern State, and the Republican circumstances, to excuse or condone the crime of lynching. Nor Part:y there in 1920 formed themselves into a lily white party can we; but Massachusetts statesmen should remember that and mformed the Negro that there was room for him only on as. late as the seventeenth century on Witch Hill at Sale~ the outside. The Negroes then nominated one of their own 30 miles from cultured Boston, women and girls were burned, race for governor and voted for him. mobbed, for so-called witchcraft. I quote-o a few sentences in the handwriting of Ezekiel Cheever, a part of the official record Virginia is a typical southern border State1 and ranks with the best American Commonwealths; and what happened there at the trial of Sarah Osburn, charged with being a witcJ;l: last fall? They openly repudiated the Negro there. Col. Henry Q. What evil spirit have you familiarity with ?-A. None. W. Anderson was nominated by the lily white faction and the Q. Have you made no contract with the devil ?-A. No; I never s:a.w N~groes nominated a man of their own color for governor. the devil in my life. Listen to plank 6 of the lily white platform. I will say in pass The people who sanctioned witch burn~ng-the Rev. Cotton ing that there were just seven planks enumerated in this south Mather was ;:t leader in this sport-were not ignorant people. ern Republican platform. There are always just se•en planks They were Greek and Latin scholars, ministers of the Gospel, in such platforms-the five Federal office loaves and the two and learned men. Deputy Gov: Danforth directed· arrests Federal office fishes. Plank 6 reads as follows : and filled the prisons with persons charged with witchcraft. . That the. white p_eople of Virginia, constituting over two·thii·ds o1 Of ·course, these people burned were not witches, but that fact 1~s population, h«?l£!-ing. !>4 p~r cent ot its property, ,with centuries of did. not deter our Massachusetts friends from burning scores diSclplme and trammg m self-government, are charged with the solemn of innocent girls and women suspected of witchcraft. They had duty to all the people oi the State to see that the State and local a unique method or test at Salem for determining if a suspected ~overnments of. the Conunonwe;alth, ar!l conducted an.d administered m accordance mth these self-evtdent prmciples. person was a .witch. They would throw her in a deep pond. If she sank and drowned, she was not a witch. If she did not And the lily white candidate for governor of Virginia hav drown, she was a witch and had to be burned. ing the backing of Dr. FEss, chairman of the Republica~ con Now, the Massachusetts conscience is acutely aroused over gressional committee, who fired the opening salvo the other day the burning- of an occasional ravisher in the South. You in behalf of the antilynching bill, boldly uttered the following stopped burning witches without long-distance governmental statement in a public speech at Lynchburg a few days before interference, let us stop southern lynchings without long-dis the election last N o•ember : tance governmental interference. We can and will do so. It is The idea of a Negro being elected govern~r of Virginia is nonsense. not a Federal but a local problem. If he should be elected, why there are trees m the Capitol Square. Speaking of Massachusetts, and I greatly respect the State This is a threat that if the Negro were elected he would be and her strong delegation in this House, I wish to say that one lynched, and that Col. Anderson, Dr. FEss's choice for governor .of the gentlemen from the Bay State [Mr. TINKHAM] is quite of Virginia, advocated and favored such action. I here quote active in season and out of season, mainly out of season, in an editorial on the subject taken from the Lynchburg News of thundering philippics at the South because- she limits Negro No•ember 1, 1921, a paper owned by Senator GLASs: suffrage. I see the gentleman is here. He is always present BY FRAUD, VIOLEXCE, OR BY LAW7 when. we discuss black .men or red liquor. [Laughter.] I find C~G.RESSIONAL When Henry W. · Anderson suggests, as he did in his address in that on page 93 of the RECORD of May 21, 1919, Lynchburg that there are trees available for Negroes who aspire with the following Members from 1\fassachusetts voted to deny the prospect of success to public office in Virginia he virtually says · ' ballot to women: GREEN, LUCE, WALSH, · and TINKHAM. So " Give the Negro the right to vote as the ·Republican PartY advo these gentlemen, particularly the hou01·able Member last above cates in its platform and upon which platform I plant myself solidly and .the pro~ises of which J?latform I sole~y pledge myself to have named, who has so often with dramatic fervor gibbeted the carr1~d ou.t, If electe.d, b?t if by the exerciSe .of the right of suffrage South for denying suffrage to Negroes, by his vote on universal we gtve him, the Negro m those 2.1 counties 1n which he outnumbers 1\Irs.. the whites, elects one of his own race to office, why lynch him." suffrage said in effect that Harding, 1\Irs. ·wilson, and 1\Ir. An~ers!>n is asking the people of Vir~nia to undo the work of Jane Addams are not worthy of the ballot, but that the idle the constitutional convention of 1902, wh1cb disfranchised 140 000 the criminal, the ignorant Negro men of the South should not Negroes, and to restore to tbos.e 140,000 Negroes the ballot. Asking be restricted in their free use of the ballot by 1a ws held con that, he can not escape the results with a shrug of the shoulder or with pretended indignation. He promises to give those Negroes the stitutional. ballot. That he protests because Negro election judges having been ap I find it difficult at times to understand the Massachusetts pointed under the amendment his party forced into the Constitution of conscience, or to follow the Bay State reasoning. For example the United States at the point of the bayonet does not alter the fact that be solemnly pledges himself to give every Negro, man and woman the Republican Members from Massachusetts want souther~ not a criminal and not insane, the right to go to the polls and vote counties to pay a flat rate of $10,000 of the only good money in for whom he pleases and to elect anyone, white or black he may have the world for the body of a colored dead rapist, when their the necessary number of votes to elect to any elective office in Virginia Mr. Anderson urges the election of school trustees by the pe{)ple' forbears never thought of chal'giilg a southern planter prior to In the same breath be urges that Negroes be given the :right to vote 1860 more than. one-tenth of that sum fo.r a vigorous five field for these trustees. In 21 counties in Virginia, including his own hand. county of Dinwiddie, there are more Ne~oes than whites. What is to prevent those Negro voters from electmg black school trustees to Our northern friends are always publicly complaining of the choose the teachers for the public schools of tho.Se counties? A rope a.nd South's treatment of the Negro, but not often privately. Wh~n n tl"ee, says Mr. Anderson. eve:r. a strong and a weak race live side by side, the strong 1014 -CONGRESSI0NAL RECORD-HOUSE. J ANU.ARY 10,

race dominates. It is fate, Kismet, destiny, God. Where the shameful dollars, a monument out of coal black marble in tbe Anglo-Saxon plants his foot, he becomes a conqueror. Ella image of the Negro Coleman who outraged and murdered little Wheeler Wilcox catches the true vision in her poem" The White 14-year old Margaret Lear. [Applause.] Man": We of the South, first of all, are for America, for sovereign Wherever the white man's feet have trod, statehood, for State rights, and for the flag of Stars and Stripes, (Oh! far does the white man stray), with 48 stars, not one big star representing a stateless empire. A bold road rilles the virginal sod, What are you attempting to do to that flag? By destroying And the forest wakes out of its dream of God, To yield him the right of way. State courts, wiping out State lines, wrecking State sovereignty, For this is the law: By the power of thought, as this bill proposes to do, you blot.. out the 48 stars from the For worse, or for better, are miracles wrought, blue field of the flag. You wipe out its white lines. You destroy Wherever the white man's pathway leads, its red stripes and you are seeking to substitute for the starry (Far, far has that pathway gone), banner of the Republic, a black ftag of a tyrannical centralized The earth is littered with broken creeds, And always the dat·k man's tent recedes, government, a black flag indeed, black as melted midnight, black And the white man pushes on. as the dust on the hinges to the gates of hell, black as the face For this is the way: Be it good or ill, and heart of the rapist Coleman, who deflowered and killed All things must yield to the stronger will. Margaret Lear. [Applause.] Wherever the white man's light is shed, The CHAIR~IAN. The gentleman from Texas [Mr. SuM (Oh! fat· has that light been thrown), Though nature bas suffei·ed and beauty fled, NERS] has used 140 minutes and the gentleman from Minnesota Yet the goal of the race has been thrust ahead, [Mr. VoLsTEAD] has used 60 minutes. And the might of the race has grown, Mr. VOLSTEAD. MI·. Chairman, I yield 20 minutes to the For this is the law: Be it cruel or kind, The univcr e sways to the power of mind. gentleman from West Virginia [Mr. GoonYKOONTZ]. . Mr. GOODYKOONTZ. Mr. Chairman, I have listened with It is difficult to find more real philosophy than this anywhere interest to the argument of my friend on the Judiciary Commit in poetical literature. tee from Arkansas [Mr. TILLMAN]. He has animadverted upon You make the Negro think that he should share political certain matters that seem to be a little extrinsic. Nevertheless honors with the governing white class in the South. he has presented argument from his own viewpoint, is con Those best fitted to rule should govern and will go"Vern in the scientious in his convictions, and has been fair in his treat long run. A few times in history, the criminal, the vicious, the ment. depraved have seized tbe reins of government and made a sorry Mr. Chairman, under general debate there is now being con mess of it. This cla s ruled for a time during the French sidered the antilynching bill fathered by my friend, the distin Revolution, and the guillotine in the Place de la Concorde guished gentleman from Missouri [Mr. DYER]. The bill has been worked overtime cuuting off the heads of those who wore clean challenged on constitutional grounds. The position thus taken, linen and bathed regularly. The reds selected a painted by oppon·ents of the bill, does not alarm the supporters of it courtesan, as their ideal and proclaimed her as such. The because we are firm in the faith that in the Constitution there men and women who had made France great and Paris beauti- reposes ample provision for the protection of the life and the lib • ful were under surveillance and suspicion. It was Citizen erty of every citizen, regardless of race or color or of social Jean, Citizen Jacque, citizen everybody. Red terror and red status. The guaranties for the protection of the citizen are murder reigned supreme. The same thing now obtains in poor clearly defined in the organic law and particularly in the articles afflicted Russia. It is Comrade Lenin, Comrade Trotski, com that appertain to life, liberty, property, and the pursuit of hap rade everybody, and the richest portion of the earth, once the piness. mightly Slavic nation, fair, fertile Russia, is a howling, cootie The right to live comes first, because to live is the greatest infested waste. Clothe the illiterate, lewd, vicious criminal of all human rights, and next to the right to live comes liberty black man with a little authority, brief or otherwise, and he tantamount, almost paramount to life itself ; for what is life will make a mess of things also. A. race of tip takers can not worth, unless with it goes liberty and freedom? become a race of rulers. [Applause.] The ·Constitution, according to the expressions of its pre Men of the business :Nortb, you have more reds to-day than amble, was intended to insure union, justice, domestic tran Russia has. A party was formed in ~ew York on December quillity, the common defense, the general welfare, and last, but 24, 1921, whose avowed purpose is to overthrow this Govern not least, the blessings of liberty. ment with force. One of the convicts recently pardoned by the The terms and provisions of this Constitution, letter and President addre sed the convention and wa loudly cheered, spirit, amply supporting the measure before us, are to be found when he said he had no thanks to extend to the President for in the fifth, sixth, thirteenth, and fourteenth amendments setting him free. As between the foreign red and our white thereto. brother at home, I am for the white American. As between our The demand, based upon facts which can not be successfully white brothers of the Pacific coast and the brown alien he controverted, being pressed upon us from almost every quarter uistrusts, I am for the white man: You may · need the help by patriotic people for the correction of the vice known as sooner than you think of the Anglo-Saxon conservative, prop lynching, that is not only injuring the Nation's reputation at erty loving and property respecting southerner. Some day, home and abroad, but which constitutes a menace to our modern sooner than you think, the red terror, speaking in a hundred civilization, is urgently insistent, can not be ignored, and calls . trange tongues, may seize your factories, your banks, and your for the immediate exertion of the force of Federal power. stores as they did in Russia. Then racial line will be stronger The fifth amendment says that- with us and with you than party lines. no person shall be held to answer for a capital or otherwise infamous 1\Iany of you, with due respect, are implacable partisans; crime unless on a presentment or indictment of a grand jury. Nor be instead of playing at your favorite outdoor and indoor sport of deprived of life, liberty, or property without due process of law. South baiting, why not stretch forth friendly hands across the It is said that this p1·ovision constitutes a prohibition against border and give us real and s_ubstantial help and encourage Federal power only. ment in our efforts to stop lynching, which we in all sincerity By the sixth amendment it is declared that- are attempting to do. in all criminal prosecutions the accused shall enjoy the right to a If you are seeking to gain votes by pressing this iniquity, speedy and public trial, by an impartial jury • • • to be informed of the nature and cause of the accusation; to be confronted with the let me suggest to you that no legislative vote is quite so risky witnes e against him ; to have compulsory process for obtaining wit as a vote that imposes a tax, and I can imagine no tax so nesses in hi · favor, and to have the assistance of counsel for his defen e. odious and unjust, or so dangerous to him who votes to impose it, as the tax of $10,000 fastened by this bill upon innocent and By the thirteenth amendment-the final decree of CivH War unoffending counties. The law always looks with disfavor upon it was ordained tbat- penalties, and it is rarely desirable to hold one per on for the neither slavery nor involuntary ervitude, except as a puni hment for crime whereof the party hall have been duly convicted, shaH exi. t tort or crime of another. witb~ the United States or any place subject to its jurisdiction. What will you do with the various $10,000 lump sums you are going to require innocent counties to pay into the Federal By the fourteenth amendment-an award nl o due to the Treasury, when the lynched victim has no relatives? Let me arbitrament of war-we are to1d that- suggest that when this fund grows to ·ufficient proportions, all persons born and naturalized in the United State and subject to the when county after county in what once were imperial com jurisdiction thereof are citizens of the United States and of the State monwealths but reduced by this legislation to impotent, beg wherein they rejlide- .,.arly- provinces. have been mulcted in penalties until they And, furthermore, that- :ggregate a huudre

And then comes tb'e great declaration, the sovereign com~ And sin<;e ~t is obvi~us thai tl1e vastly preponderating majol·ity maud, saying- of the v1etuns a:re 1\egroes, does it not seem also true that the nor shall any State deprive any person of life, lil)erty, or property Stutes are denying to tl1is class of our citizens the equal pro without due process of la.w, nor deny to a.nx person the equal p~:otec tection of the law? tion of the law. The colored people in my district are well-behaved. They By the fifth paragraph of the fourteenth ame~dment Con were patriotic and loyal during the Great War. Their boys . gr~8S is e~powered to carry its terms into execution by appro fought with courage and came home proud of their flag. priate legislation. · Their women worked faithfully for the Red Cross and other I have thus 1·ead in your hearing the pro\-isions of the activities. Their men, too old for military service, toiled in American Constitution that undertake to safeguard life anti mine, field, and on raih·oad, and bought the Liberty bonds. liberty and freedom, neither of which can be impaired or taken Therefore, we find no complaint aeo-ainst the colored people and away or jeopardized except and unless by due process. But no cause for their mistreatment. These are entitled to the what is due process? Primarily process means notice a.nu due equal protection of the law. hearing. Where crime is charged there should be presentment According to the opinion of competent authorities, the bill or indictment by a grand jury and trial by a petit jury ; the can rest upon the fifth amendment alone, but the supporters accused should be confronted by the witnesses, entitled to "com of the measure find in the fourteenth· amendment a sufficient pulsory attendance of his own \\itnesses, and defended by reservoir of power to enable Congress to act. The command counsel. These rights of the citizen come within the spirit there gi\en is that no person shall be deprived of life without and the letter- of the Bill of Rights of the American Constitu due process of law. Can it be said that lynching is due tion, and in principle are tlle same as were extorted from the pr{)('ess? Tile mandate is the voice · of Federal power, and barons at the Battle of Run.nymeade, when John was the king. ~ould be enforced by Federal authority. The great declaration It must be remembered that these primary, inalienable rights IS tlla t a person .shall not be deprived of his life except by the of man existed pdor tc the Constitution ancl are primordial and processes of the courts. But yet these persons are beina de can not be waived. prived of their lives, and there are some who argue th~t in Thus briefly have I reviewed the organic law, provided at the snell case there is no deprivation. To me it is plain that if expense of blood and suffering, in orde1· that men might be free. the States are not depriving of life then the Federal Govern Notwithstanding these plain, elemental provisions of the Con ment is depriving of life, and hence the necessity of this legis s~itution, written in the light of reason by men who loved lation. They-the opponents of the bill-take refuge under liberty and who wanted to live in the pure air of freedom, the phrase, "Nor shall any State deprive," found in the there are those who have some doubt as to the constitutionality fourteenth amendment, which reads, in part, thus: of Mr. DYER's bill, they who fear the consequences if the me!lsure be upheld by the courts; as for me, I confidently _Nor shall any State deprive uny person of life, liberty, or property beheve that the bill comes well within constitutional limitations, tl~~hooft t~~\:~~cess or law; nor deny to any pe~:son the equal protec- and that if the measure shall become a law, then that law will prove not only a great blessing but shall stand as a great Mr. CLOUSE. Mr. Chairman, will the gentleman yield precedent, a rock, for refuge of those whose lives and liberties right there for a question? · are endangered. Mr. GOODYKOONTZ. Yes. In the lynching dm'ing the past 30 years of more than 3,000 l\lr. CLOUSE. Under the language of the Constitution that men and women there were, undoubtedly, several hundred thou- the gentleman has just read, \Vhereby no man shall be deprived sand participants. Of tllis vast number of lawbreakers we may of life, liberty, or property without due process of law how be safe in saying that not one-tenth of 1 per cent were ever in- does he justify the provision in here fixing a forfeitu're of dieted, much less con..victed, for their crimes. In fact indict- $10,000 for a lynching that occurs in a county, though the citi ments for these desb.-uctions of human life-in many instances zenship of that county knows nothing about it? accomplished .by the most atrocious methods, characterized by Mr. GOODYKOOXTZ. For the very reason that any measure torture and extreme cruelty-seldom were made and convic- that we pass here should carry in it a penalty to ~ ecure the tions under the very few indictments that were 1:eturned were punctual enforcement of that law. practically nil. Mr. CLOUSE. Would that apply to the miners down in his Mr. Chairman, we have been tol(l that the measure contra- own State of West Virginia? venes the Fenedal Constitution in this, that the attempted en- Mr. GOODYKOONTZ. Absolutely. The bill is intended to forcement of it would constitute an invasion of the rights of apply to every State in the Union, to every man, whether he the several States under that Constitution; tllat Congress was be black or white or red or yellow, in this country. This is powerless to act, and that legislators, with folded hands must . not a sectional law. This law is intended to safeguard or en sit here, Congress after Congress and session after sessio~, with force tile guaranties of the Constitution. I want to know full knowledge of the constantly I'ecurring, and, in certain sec- whetber or not tllese provisions that men fought and bled and tions, ominously increasing criminal destruction, hy the foulest died for in the Revolution amount to anything; whether 1\Iem methods, of human life.. aud do nothing to remedy the mischief bers of Congress are going to come here and sit supinely l>y that... was being done. With that group of publicists, who as- when these things go on day after day, week after week, and sert that the General Government is impotent in the :Premises, I month after month, and year after year, and not raise their can not agree, and from their opinion I must respectfully dis- hands to provide a remedy for them. [Applause.] sent. Mr. CLOUSE. One additional question. Of COltrse, we all As for me, I know that in not a few of the States of the agree upon the- question that lynching is an intolerable thing, Union-States in which lynching is practiced as a pastime and but when I took an oath in this House to support the Consti enjoyed after the fashion of the Romans,. who found pleasure tution the gentleman; or some other gentleman, must show me in feeding their victims alive to ferocious animals-the states, some constitutional reason for supporting this bill, or else I in practical effect, have abdicated their prerogative of punish- shall vote against it. ing the lyncher who offends not only against the laws of God Mr. GOODYKOONTZ. I can not yield further, but answer· and of the State but against the sovereignty of the United ing th_e gentleman's question I will say that if you do not make States as well. The failure of the State to protect the life of · anything o~t o~ these provisions of the Constitutio.n which the victim, where the latter is in custodia legis, is due to lack g~arantee hfe, hberty, and property; and that these inalienable of a sufficient force of vigilant and zealous officers necessary to rights can not be taken without due process of law, tben, of guard him from violence at the hands of the mob; and in the course, I would be unable to afford the gentleman any light case where the victim had not been taken into official custody, on the subject. then the unlawful doing away with him was entirely due to When the man or the woman is lyn<'.hed, we are told that the criminal conduct of certain denizens of the county where the the deprivation of life is not to be laid at the door of the State. lynching took place. · That although the majority of the victims were colored men Where lynching has taken place, the loss of the person's life and colored women, yet that there were no denial of the equal has been due to the failure of the State to provide protection. protection of the law. Such argument I confidently believe Lack of knowledge on the part of the executive and those under to be unsound. At least one of the sources of the power of him was not a factor to be consid~red. The person lynched was Congress to legislate on the subject is to be found in the fifth within the State; the State owecl tl1at person complete police amendment. If the provision therein contained means nothing, protection. then is the entire Constitution a farce, a mere snare, and a In view of the fact that lynchings are of almost daily occur- delusion. rence-:--28 cases of su.ch ~mving occurred since the standing The mob with bloodhounds drives out of the swamp and the' comm1ttee rep~rt ed tlu~ b-tll to the House, as I have been in- Ulicket and captures the man against whom suspicion rests, formed-does It not :;;£>em perfectly clear that the States are and the mob takes him away and either burns him alive at the depriYing men of life and liberty without due process of law? stake or ca,uses him to dangle from the limb of a tree; ant.l theo. • OONGRESSION AL RECOR.D-HOUSE. JANUARY 10,

as if to make his death the more horrible, riddles his body with peonage, driven out of. the State by organized lawlessness, or leaden balls ; ·and for this crime, we are · told, the1•e can be subjected to cruelty.. no remedy except that we -.vait on the pleasure of the State Had I the time I would take up and set forth the facts in and see 'Yhat it will do. We have waited, only to observe for these cases one by one in. order. that every l\lember of the House 30 years that instead of growing better the condition in cer and every reader of the CONGBESSION.AL RECORD might be in tain sections of our country has been steadily growing worse, formed as to conditions in that State--Georgia-but my time during which time we have been greatly <;<>ncerned about being limited I ·shall use certain cases from each of tlie four affairs in other lands-Cuba, the Kongo, .Armenia, Ireland, the classifications merely to illustrate the charaeter of such crimes .Jews in Russia-all these seem to have agitated the minds of against men and women in Georgia. Gov. Dorsey says that the many people in America in far greater degree tb.m the atrocities 135 examples he has grouped are not an ; that he has made no here at home. Whe-1 :foreigners at New Orleans were mobbed, attempt to-collect every case·; that" if such an effort were made the Government hurriedly made compensatory reparation to !-he-believe the number could be multiplied." The governor the families of the victims ; but in the case of the citizen who further says that "in some counties the Negro is oeing driven has been lynched, ills family is treated with perfectly cold out as though he were a wild beast." In other counties that he indifference. is being held as a slave. In other counties "no Negroes re By a recent amendment the manufacture, transportation, main," and furthermore, that" in only two of the 135 cases cited anti sale of intoxicating liquors was forbidden. Bills carrying is the ' usual crime' against white women involved." this con titutional provision into execution were passed in both Dorsey's investigation ' concerning one case revealed that in branches of Congress by largely preponderating majorities, and July, 1919, t\vo white men, drunk, went in the nighttime to the the legislator seemed not to worl") over the term " intoxicating section of the town occupied· by colored people; that an elderly liquors," although the bill arbitrarily defined " intoxicating colored man got his gun ·and went into the streets to protect the liquors," a liquors containing " one-half of 1 J,>er cent or more." women of his l'ace; that in the shooting that followed one of Gentlemen hurried to the Chamber of the House to unite their the white men was killed; the Negro was taken by a mob and voice in the mighty chorus, and following the leadership of lynched. That in October, 1919, a Negro who was a preacher the intrepid champion of prohibition-the gentleman from Min and teacher had a dispute with a farmer about wages; that the nesota [l\Ir. VoLSTEAD]-all, or practically all, voting " aye," the farmer attackee voice and foUowed · "bugle," their sheriff and lynched ; that the man who was shot is alive. gallant leader. That a Negro, being suspected _of murdering a white woman, But this bill to preYent lynching eems to be a coat of an was arrested and placed in jail, taken therefrom, and " in the other color. l\Iembers, especially from certain communities, midst of a mob of 3,000 was burned to death by a slow fire, the having great reverence for the Constitution, express fear and torture being prolonged as much as possible." doubt anti misgiving concerning the constitutionality of the bill. The examples I have cited merely illustrate cases of lynching We, so they . ay, are about to

I 1922. CONGRESSIONAL llECORD-HOUSE. ;:(017

HP wa' carried 10 milE'S, the sheriff kicking him in the bouy and bead. has had a deterrent effect. But the effect of the Jaw in deterring One t>ye was >irtually knocked out. There the sberifl'·made him ·get out. 1-If' was beaten again on his naked body. The sheriff stopped to cut an goe ~ further . . If the person is taken from one county to an other stick, when one of bi. companions ach'iscd the NE'gro to run if he . adjoining county and lynched, that county incurs a penalty. wi~b e 11 to live. This be did, biding in the woods until later a passer-by The law bas been in operation since 1896, and bas twice gone <·arried him into town. The sheriff was indicted for as ault with intent to murder. The latter was acquitted. to the Supreme Court of the State of Ohio and twice bas been Tbe .Xt>gro neaten bas the l'!'lmtation of being a peaceable, law-abid dec-lared to be constitutional. ing. !Jat·d-workiug man. He was threatened with death if he testified l\lr. GOODYKOONTZ. I thank the gentleman. Sometimes against tbc hcrifl'. the innocent must suffer with the guilty. A man convicted of I it any wonder that the colored man sells his little farm and cr.ime has to go to the penitentiary and necessarily he brings his stock and moves a\vay, at the ~ arne time wondering bow the on his family di...;grace and sorrow and suffering. Constitution does protect him in respeet to liberty aml property? Mr. HARDY of Texas. Mr.' Chairman, will the gentleman Under the.·e circumstances does it not appear to gentlemen that yield? in the State of ·Georgia citizens of the United State. domiciled ~Ir. GOODYKOONTZ. My time bas been shot up pretty in that State are actually being deprived of their life. and lib badly. erty and property without due process? l\lr. HAUDY of Texas. Does not the gentleman recognize the I haw faith. that tlle Attorney General will . ·ee to it that the ntst difference behveen the right of a State and tbe right of law~ against peonage are duly enforced and tba~ tho e engaged the Federal Go...-ernment to impo e such penalties as were men in this evil practice will be brought to the bar of public ju. tice tioned aml as were imposed by the State of Ohio? an

yield? LY~CHING AS A STATE RIGHT. Mr. GOODYKOO~TZ. Ye .. One of the qucet·est debates yet beard in the House of Representatives Mr. H.illDY of Texa ·· . I understood the gentleman to ay a pertained to the antilynching bill pending in tbal body. outbPrn moment ago that the Federal Constitution granted to every Congressmen in general accepted the theory and supported it. ~l.'hese things developed while the Dyer bill was the order of business early citizen the right to life. liberty, and property. in the present week. Mr. GOODYKOONTZ. Ye ... This is not a partisan or sectional measure in any sense, except as l\Ir. HARDY of Te)':as. ~ow is ther~ anything left under the its opponents choose to make it so. Lynchings have occurred in many States ~orth and South. As Representative SIMEO~ D. FEss, of sun for the States to guarantee if this bill were enacted? Is Ohio, remarked in arguing for the bill, " One of the most inde there anything else that the Federal Government '"ould not scribable lynchings that ever took place in this country occurred in apply to? my own State of Ohio," the victim being a man who had boasted of his activity in the caus~ of prohibition. Mr. GOODl:"KOO.NTZ. I <.:an not yield further. It seems to This measure seeks to hold States and counties to some re' ponsi me if there be any functi~n to be performed by the Federal Gov bility for the acts of " mobs and riotous assemblages." It would subject ernment, it ls to safeguard the liYes of its citizens, :who tand to a fine of as much as $5,000 or to impt·isonment for as much as five years any sheriff or other officer failing to do his utmost to prot!'ct in a dual capacity, being citizens of the State and also of the a prisoner from a mob. It would subject a county where a lynching Federal GoYernment. It i ~ the duty of the Federal GoYernruent occurred to a fine of $10,000, payable to the Federal Treasury. It to safeguard the life of that citizen at borne as well as on the bas been carefully drawn and bighly recommended as a promi ing means of dealing with a national disgrace by bl'inging mob murder high eas or in a foreign country, and to vindicate his right within the province of the l!"ederal courts. whenever and ,...-hel·e,·er he is, and to challenge an assault Though there seems no reason why right-minded persons shou1t1 upon it whether it be in a State in the North or in a State in object to the plan, southern Democrats in the House have fought it bitterly from the first. Their floor leader, Representative FINIS GAR the South. [Applause.l RETT, 'of T.ennessee, says it "inYades State rights." If it doe , so 1\Ir. FOSTER 1Ir. Chairman, will the gentleman yield? does the Volstead law and so do othet· Federal -statutes. Protection to l\Ir. GOODYKOONTZ. Yes. human life and ending of a national humiliation are more important than quibbling over the ancient question of State rights. Mi-. GARRETT 1\Ir. FOSTER. Reference has been made to antilynching laws also denounces the antilynching bill as unconstitutional and various . pa setl in 'Vest Virginia antl in South Carolina. Jn the State other things. He even argues, rather paradoxically, that it woulc1 of Ohio a imilar statute has existed since 1896. I bad the increase the number of lynchings rather· than decrease it, since people would look upon lawful punishment of offenders as less certain ere--that is, would regard the antilynching law as etiecliYe in its Jaw, and I am glad that I <:an ::;tate that in my experience it purpose. ". I

1018 CONGRESSIONAL RECORD-HOUSE. JANUARY 10:-

In their hopeles minority Democratic Congressmen resorted to fili 191G. buster tactics to pTevent Republican Meml>ers from bringing the Total number, 54; number charged with rape, 14; all Negroes. In mea ·ure to vote before the holiday recess. " For more than three cluded in this record are 3 women. homs, during which no business whatever was transacted, the Demo crats prevented the House from going into a Committee of the Whole JJJ17. to take up the bill," says one account published in a Democratic organ. Total number, 38; number charged with rape, 12; 11 Negroes and 1 Rather than permit the measure to be brought to vote on its merits, white. Included in this record is 1 woman. Democratic Members absented themselves, prevented a quorum, and 1918. blocked national business. "At 2.50 o'clock," according to- the same unprejudiced account, "the House having been in session since noon, Total number, 64; number charged with rape, 16; all Negroes. In a roll call disclosed that there were 174 Republicans present and only cluded in this record are 5 women. 7 Democrats." · 191iJ. The Dyer bill ought to become ·law and doubtless will eventually. Total number, 83; number charged with rape, 19; all Negt·oes. In Some such businesslike treatment of the subject has been needed alto cluded in this record is 1 w~man. gether too long. The resistance oliered to this very reputable measure is not creditable to its authors and can have no other effect than to JJJZO. disgrace the partisans of mob violence-as sensible Democrats and Total number, 61 ; number charged with rape, 18 ; all Negroes. In· southerners doubtless realize. eluded in this record is 1 woman. FOUR-FIFTHS OF LYNCHINGS FOR CRIMES OTHER THAN RAI'E. Under the p1·ivilege given me of extending my remarks I will (Compiled by Monroe N. Work, Department of Records and Research, print in tbe REconn an editorial (issue of Dec. 20, 1921) frv;:n Tuskegee Institute, Alabama.) the- Spartanburg (S. C.) Herald. In the 35 years 1885-1920, there were 810 persons-59 whites and The editorial is as follows : 751 Negroes-put to death by mobs under the charge of rape or at tempted rape. This is one-fifth, or 20 per cent, of the total number of [From the s·partanburg (S. C.) Herald, Dec. 20, 1921.] persons--4,033-who were lynched during that period. This refutes FEDERAL LAW AGAIXST . the charge that the majority of lynchings are for the critne of rape. There is, o~ course, no defense fo.r lynching and any measure, county, State, or National, that will reduce the number of lynchings deserves JANUARY 2, 1922. support from all right thinking people. Congress is just now consid ~{r. R. R. MOTON, ering Federal legislation, and the further the consideration goes the Tuskegee Institr£te, Ala. more difficult the problem becomes. Mob violence is like fire, its pre MY DEAlt SIR : I thank you for your two letters inclosin .... further vention is the thing. And the Federal authorities are now endowed statistics relative to the antilynching bill. These will be useful to J.Dle more with ability to tell wher·e this sort of trouble is to break out in connection wlth debate on the measure when it comes up in the than d States demands of them military service and taxes them directly, with P-AYING FOG. LY." CHING. out the interposition of the State government. They are potential 'l'he Volstead-Dyer antilynching bill now pending in Congress con soldiers and actual taxpayers, upon whom rest the most serious burdens tains a. clause providing that a county in which a lynching occurs shall of citizenship, who contribute to the national strength, and who owe forfeit the sum of $10,000 to the heirs of the victim. allegiance to the Government of tile United States. There is a general In South Carolina a few days ago, in a case in which the widow of principle that a government owes protection to those who owe it allegi ~ Negro who had be~n lynche4 was suing the county for damages, the ance. Jury returned a verdict awardmg her the sum of $2,000. The verdict For a great many years in large parts of the country the lives and was returned under the atrihority of the constitution of South Carolina property of these citizens have been denied protection by any go-vern wliich makes the county in which a lynching occurs liable in exemplary ment. They have, on suspicion of crime, been seized and murdered by damages to the legal representatives of this victim in a sum not less mobs without an opportunity to be beard before any court of justice, than $2,000. without any presentment of a grand jury, in violation of every right So it appears that this idea of counties being liable for damages to seem·ed by the fifth and sixth amendments to the Constitution, and the relatives of lynching victims is not only not original with the· often with the most cruel tortures. northern authors of the bill before Congress, but that it was borrowed The men who do this do it openly, in broad daylight, in the presence from the constitution of a Southern State which contains a heavy Negro of their fellow citizens, and seem not to suffer in popular estimation. population. The officers of the State in which these things occm as a rule make It is true that the heirs of mob victims in South Carolina do not no attempt to punish the mmderers. The governors do not interfere to seem to have invoked the law of the State in seeking damages, but a protect, officials do not prosecute, juries do not convict, and about the precedent has now been set, and in the future we may expect to see facts there is no dispute. It is clear that the people of the States 1n less lynching in that State. Every county has been put on guard which these tragedies occur approve them, or at least do not disapprove that it must prevent such occurrences or pay for them. them, so far as to make any attempt to prevent the repetition of such The Federal bill making the forfeiture ~10,000 by the countie is crimes or to punish the perpetrators. 'l'he official representatives of more drastic than the South Carolina law, and it is the real "teeth" the States wherever found by their silence seem to approve, and by in the proposed antimob law. It would place the power of the United their nonaction protect the men who are guilty of crimes which disgrace States Government behind the heirs of mob victims in collecting the the name of the United States. The equal protection <>f the law and indemnity from the county, and the incentive to pTevent mob action the right to a trial by jury may be denied, as well by inaction and the would be even stronger than where the county is merely made liable refusaJ. or neglect to enforce the law as by affirmative action, and the in a civil court for damages. State certainly acts when its officers. with the silent approval of the But whether it be a State court or a Federal court that enforces this whole people, refuse to its citizens the protection which the Constitu indemnity provision, the reason for it is the same. When counties have tion and laws give them. their tax burdens directly inereased by reason of lawless outbreaks by It is impossible that these conditions should continue, and the years mobs, the taxpayers and the better element of citizens generally will which have passed without any attempt to remedy the evil make it sbow less jndifference to lynching and will help to suppress H.-Hous clear that it is idle to hope for efficient action on the part of the States ton Post. where these horrors occur. In the long run such wrongs will be fol lowed by the most disastrous consequences, and in my judgment 1be Al ·o, a letter and exhibits from 1\Ir. Robert R. 1\foton, princi inaction o~ th.e St;ates makes af the United States Tuskegee Institute, Ala., December 21, 19U. against lynching and to secure for them the rights to life, liberty, and property which in the Declaration of Independence are held to be Bon. WELLS GOODYKOONTZ, inalienable. If a citizen of a foreign state were to attack a citizen of Hott8e of Rept·esentatives, Washington, D. 0. the United States and treat him as colored men are treated by their MY DEAR Sm: In connection with the discussion of the antilynching fellow citizens, we should hold the government of the country to which bill, it occurred to me that you would be interested in seeing these these ruffians belonged responsible for the injuries. It seems absurd stati tics on lynching which have been compiled in our department of to suppose that the Government of the United States can not protect its record and research. citizens against attacks made by men who are subject to its jurisdic Your , truly, R. R. MOTON, Principal. tion and its control. I am, therefore, clearly of opinion that the proposed legislation NUMBER OF LYNCHING FOR SIX YEAllS. against lynching is imperatively required and is authorized by the Con· stitutlon of the United States. (Compiled by Monroe N. Work, Department of' Records and Re ·earch, ~ours , truly, Tuskegee Institute, Ala.) MOORFIELD STOREY. Tbe total number of lynchings for the past six years and the number" charged to rape are as follows : l\ly files are full of letters, editorials, and opinions all up 1913. porting the bill, but I shall not further encumber the REcono. Total number, 54 ; number charged with rape, 11 ; 10 Negroes and 1 The CHAIRMAN. The time of the gentleman from West Vir· white. 'rhat year there were 3 women lynched. ginia has expired. 1922. CONGRESSIONAL RECORD-- HOUSE. 1019

l\1r. GOODYKOO:\TZ. 'Jlr. Chairman, I ask unanimous con The gentleman from Missouri [Mr. DYEr.], who represents a sent to exteml and reYi. e my remarks. large Negro YOting population in the city of St. Louis, immedi The. CHAill:\lAX 'flle gentleman from West Virginia asks ately at the. opening of this CongresN introduced, not a resolu unanimou. consent to extend and reYise his remarks. Is there tion authorizing the creation of a commission representing both· objection? races to study and report on the entire subject as recommended There was no objection. by the President but he introduced the bill under considera 1\Ir. SUl\lNERS of Texas. 1\Ir. Chairman, I yield 30 minutes tion, with this misleading title, "A bill to assure to persons to the ,.entleman from l\laine [M:r. HEnsEY]. within the jurisdiction of every State the equal protection of The CRA.IRMAl.~. The gentleman from Maine is recognized the laws and to punish the crime of lynching." , for 30 minutes. I want my Republican colaborers in this House further to 1\fr. HERSEY. :!\Ir. Chairman and gentlemen of the commit remember that ne,er in the party conferences or party caucuses tee, I am suffering from a cold, and my voice is not in good con have we as Republic. .ns voted or pledged ourselves to stand by dition. If you will give me your attention for a little while, I or adYocate this antilynching bill as a party measme or other shall try to hold it after that. wi ~ e, and when in the course of this debate we hear the party The late Republican national convention at Chicago desired whip crack and are told by the advocates of this measure that above all things to break up what is called the " solid South " our national platform, President, and party have pledged us and to win and secure, if possible, for the Republicans the Yote as Republicans to favor or vote for this Federal antilynching of the colored people. Accordingly the makers of the platform bill repudiate that as a misleading and unfair statement. inserted the following: The Southwestern Christian Advocate, the organ of certain We urge Congress to consider the most effective means to end lynching societies ~ormed to stir up race hatred and race prejudice, in this country, which continues to be a terrible blot on our .American under date of December 29 advocates the passage of the Dyer civilization. bill by the Republicans of this House as a bill to pay the debts What Congress could do "to end lynching" never troubled of the Republican Party. It says: the politicians at Chicago. It was enough for them, for the time Let it be said. that if the party's debt to the Negro can be canceled being, to persuade the colored voters of the South to believe that by consummating this Yast moral reform, which means so much for the future perpetuity of the Nation, the bargain would be legitimate a Republican Congress and a Republican President, if elected, and the Xegro welcomes the deal. would " consider the most effective means to end lynching in this country." Of course the Negro welcomes the " deal." Under the false The author of this bill, the gentleman from Missouri [Mr. statements of certain agitators, who are working to bring about DYER], in his speech in this House January 4, attempted to make race riots, the Negro will welcome the " deal." This bill will this bill a party issue and a Republican measure. He said : give him the opportunity in large cities to hide up dark alleys and in crowded buildings and shoot up innocent men, women, In the last general election the people expressed their wishes in this regard also. They indorsed the action of the Republican Party at its and children on the streets with United States courts and last national convention, when in its platform it said : marshals hundreds of miles away. "We urge Congress to c.onsider the most effective means to end lynch I want to ay as a Republican that there is no deal or bargain ing in this country, which continues to be a terrible blot on our .Ameri can civilization." made by the Republican Party to pay off any alleged debts to the Negro by the passage of this antilynching bill. We as a At the outset I want my Republican colleagues in the House party owe the colored people nothing, and for one I refuse to to· remember that the national Republican platform nowhere be politically blackmailed. [Applause.] advocated a Federal antilynching bill. The platform neve!' con· Do not, I beg of you, allow partisan appeals and party templated that a Republican Congress would attempt to pass prejudice to blind you to disturb the peace and harmony of such legislation as is found in tbis bill. The politicians at Chi our national household and do a terrible injustice and wrong cago bad more political tact than to advocate legislation in vio to our own people in any section of this great and united lation of the Constitution or an antilynching bill like this that Nation. would endanger the success of the Republican Party in the This bill was referred to the Judiciary Committee, of which presidential campaign. I am a member. We held extended hearings, principally upon After his election, to which several Southern States con the question of the constitutionality of such a law as was con tributed, President Harding found himself confronted by this templated in this bill. declaration in his party platform, and therefore in his first mes It is admitted by everyone that the only authority for this sage to Congress, April 12 last, he said: legislation is found in the last clause of the first section of the Somewhat related to the foregoing human problems is the race ques fourteenth amendment to the National Constitution, and that tion. Congress ought to wipe the stain of barbaric lynching from the banners of a free and orderly, representative democracy. We face the if that amendment does not authorize this legislation then it fact that many millions of people of .African descent are numbered would be unconstitutional and void. The last clause of the among our :population, and that in a number of States they constitute amendment reads as follows : a very large proportion of the total population. It is unnecessary to recount the difficulties incident to this condition, nor to emphasize the No State shall make or enforce any law which shall abridge the fact that it is a condition which can not be I'emoved. There has been privileges or immunities of citizens of the United States • • * nor suggestion, however, that some of the difll.culties might be ameliorated deny to any person within its jurisdiction the equal protection of the by a humane and enlightened consideration of it, a study of its many laws. aspects, and an effort to formulate, if not a policy, at least a national The Constitution very plainly and distinctly gives exclusive attitude of minu calculated to bring about the most satisfactory pos sible adjustment of relations between the races, and of each race to the powers to each State to pass and enact its own police and crimi national life. One proposal is the creation of a commission embracing nal laws, to establish and conduct its own courts, to execute and representatives of both races, to study and report on the entire sub enforce its own laws, but it does not in any way allow, suffer, or ject. The proposal has real merit. I am convinced that in mutual tolerance, understanding, charity, recognition of the interdependence of permit Congress, by legislation, to interfere with these powers the races, and the maintenance of the rights of citizenship lies the road exclusi~ely given to the States. The tenth article of the Con to righteous adjustment. stitution of the United States reads as follows: The gentleman from Missouri [Mr. DYER] says the Republi The powers not delegated to the United States by the Constitution cans in this Congress should make his bill a party question and nor prohibited by it to the States are reserved to the States respec vote for it because be says the President in his first message to tively or to the people. Congress advocated it, and tbat we as Republicans should stand To a committee of lawyers the legislation suggested by this by the President. bill gave rise at once to grave doubts as to its constitutionality I want my Republican associates in this House to bear jn and to the right of Congress to make a criminal code for the mind that the President in his message did not advise or recom States or to deny to the States the enjoyment and discllarge of mend that the Congress should pass any Federal antilynching their constitutional rights and powers. bill. He bad given the race question, as he does all matters To assist the committee on the question of the constitu that affect the peace and welfare of the Nation, his careful con tionality of the provisions of this bill we called before us the sideration, and the only suggestion or recommendation to Con Attorney General of the United States. He sent his assistant, gress lle made was this : Mr. Goff, an able lawyer and one well qualified to advise the * * The creation of a commission emb1·acing representatives of committee. In the course of his testimony, as set forth in the both races, to study and report on the entire subject. The proposal hearings, it seemed to me tllat the Attorney General's office bas real merit. · considered itself in duty bolmd to suppoit and recommend this What proposal? Not an antilynching bill; that never was in bill as a party measure and advise its passage, because it was his mind. Here is the proposal that in addition to the com claimed by its author that it was .·o pledged by the Republican mission which he says "has real merit," be said further: platform and recommended to Congress by the President. Mr. GOODYKOONTZ. 1\fr. Chairman, will the gentleman I a~. convinced .that in mutual tolerance, understanding, charity, recogmtwn of tbe mterdependence of the races, and the maintenance yield? of tbe rights of citizenship, lies the road to righteous adjustment. 1\fr. HERSEY. I regret I can not yiel

In other words, the ~t\.ssistant Attorney General argued his I also favor, as a sensible and practicable step in the right case for the proponents of the bill ~ith all the. skil~ a~d ~n direction, the further suggestion of the President, that there genuity of a paid attorney repres~tmg. a certam cl1ent s m should be created a commission of both races to study and r~ terests. Every decision and authonty

Uuder thi net a town constable, before his to-wn has time to If such a l!.,ederal law is constitutLonal, then the inhabitants act, can be haled before a Fecleral court in some distant State; of a county, however innocent of ''Tong, have no rights what~ and if a Federal jury find that the constable did not, in their · ever and may be deprived of property, liberty, and the pursuit opinion, make all reasonable efforts to prevent the lynching or of happiness by a Federal law every time a murder is commit~ to apprehend the lynchers, then they may fine him $5,000 and ted within its borders. [Applause.] imprison him for five years. Section 6 is the worst of all. It provides that if any person If such a law as is co·ntemplated in this bill is enacted and de so put to death has been transferred by a mob from one countY. clared constitutional, then there will be no police, no officers of to another between . capture and death each county through the law provided by any State in the Union, because no sane :which he was so transported shall forfeit $10,000. It is not person would accept the position o"f a peace officer with this necessary to show that the murder was committed in that terrible risk and penalty and punishment awaiting him in case ·county or that the county had anything to do with the lynching a lynching should happen in his State. [Applause.] or had neglected to do anything to stop it or even had any This section further provides that any· person who partici .knowledge that it was being committed. It is sufficient under pates in a mob that takes from the custody or possession of any this bill to penalize the county, that in the darkness of night a Stn te or municipal officer any person held by such officer to mob crossed your county or mine or entered upon its soil, even answer some offense, or participates in putting such person to by a few rods, while engaged in its ·work of lynching. death, or obstructs or prevents any State or municipal officer in Mr. HARDY of Texas. .Will the gentleman yield? the discharge of his duty in the punishment of persons charged Mr. HERSEY. I can not yield to anyone, because I have with the crime of lynching, shall be guilty of a felony and upon borrowed my time, and the gentleman says he will not give me conviction may be imprisoned for life. any more time if I yield. On 1\fonday, December 19, tile gentleman from South Carolina I now turn from the very unsatisfactory light given by the [Mr. 1\fcSwAIN] extended his remarks in the RECORD on this Attorney General's office and the proponents of this bill to some measure. His argument was a fine presentation of the uncon of the decisions of the highest court. in the land, which decisions stitutionality of this bill. I wish you all could read it before ha\e construed the fourteenth amendment of the Constitution, you vote upon this measure. On page 644 of the REcoRD, he an amendment under which the friends of this bill claim that says: this legislation has a legal right to live or it must die. It must be admitted that the laws of aU States r equire arresting offi The fourteenth amendment was born in the stormy days of cers to protect their prisoners. In like manner under the laws of all Stat<>s every pnrticipant in a lynching is a murdet·er. Can it be fairly reconstruction. Many of the Southern States, after slavery was said that because an officer occasionally fails in his duty to protect his abolished, passed laws discriminating against the Negro in his prisoner from lawless mobs that such exceptional act amounts to the civil rights; and to give him equal protection in his civil rights, action of the State as n. subdivision of organized society in d~nying due process of law and in denying equal protection of law? in his voting, as a. citizen, in his business, in the courts, in the Ir Congress can by law provide punishment in a Federal court for a selection of jurors, and in all other civil rights, the fourteenth State sheriff for his acts or neglect of action as sheriff, then Congress amendment was enacted. could provide punishment for the governor of a State for his acts or In the Slaughterhouse cases (16- Wallace, U. S., p. 81) Jus failure to act as the State's chief executive. And if the State's execu tive officers may be punished by fine or imprisonment under congres tice l\Iiller told us the object and purpose of the fourteenth sional laws, so may the chief justice and all judges of tho State. And amendment. He said: by the same token the members of the State legislatures may be pun In the light of the history of this amendment and the pervading pur ished for enacting laws found to be violative of the fourteenth amend pose of them, which we have already discussed, it is not difficult to give ment. a meaning to this clause (equal protection of the laws). The existence I wish here in this connection to again call your attention of laws in the States where the newly emancipated Negroes resided, which discriminated with gross injustice and hardship against them as to the fact that every State in the Union has laws making it a a class, was the evil to be remedied by this clause, and by such laws a.re crime to interfere with or obstruct an officer in the performance forbidden. of his duty, and can it be constitutional that whenever that In the case of Struuder t :. West Virginia (100 U. S., 303) a cl'ime is committed in any State the United States marshals law which denied colored persons the right to sit on juries was may arrest the offender and take him before a Federal court in declared void. The court said: another State and, if in the opinion of u Federal jury, he did It ( lhe fourteenth amendment) was designed to assure to the colored so obstruct t11e officer he may be convicted and imprisoned for race the <> njoyment or all the civil rights that under the law are enjoyed life? Such an act would not be a denial by the State of the by white persons and to give to that race the protection of the General Government in t hat enjoyment whenever it should be denied by the equal protection of the laws under the Constitution, but it Stat«.> . would be a denial of the rights of the States and the rights of The particular action of the State prohibited by the four~ all persons under the national Constitution. teentll amendment i fully set forth in the Civil Rights cases, Section 4 removes the last vestige of the rights of the citizens of the se\eral States. It provides that any person who partici United States against Stanley, Ryan, and others, found in the pat(>s in any mob or riotous assemblage by which a· person is -United States Reports, volume 109, page 11, in which the put to death shall be guilty of a felony, and on conviction court said: It is State action of a particular character that is prohibited. Indi thereof mar be imprisoned for life. vidual invasion of individual rights is not the subject matter of the Lynching is nothing but murder. All who engage in it are amendment. It has a deeper and l>roader scope. It nu~lifies and makes murderer . Every State in the Union has laws against murder, void all State legislation and State action of every kind which impairs the privileges and immunities of citizens of the United States, or and until it is shown by proper e\idence that a State has en which injures them in life, Uberty, or property without due process of acted laws denying to persons the equal protection of the laws law, ot· which denies to any of them the equal protection of the laws. the Federal power can not interfere. This bill is an attempt to • * • The last section of the amendment invests Congress with power to enforce it by appropriate legislation. To enforce what? To enact a Federal statute to punish in Federal courts the crime enforce the prohibition. To adopt legislation for correcting the effects of murder in the several States. If enacted and held constitu of such prohibited State laws and State nets, and thus to rend~r them tional it could be used to sweep away all the laws of the States. effectually null, void, and innocuous. This is the legislative power conferred upon Congress, and this is the whole of it. It does not in Not a single State criminal law would remain superior to the vest Congress with power to legislate upon subjects which are within Ii'ederal statutes, for, in the language of the Assistant Attorney the domain of State legislation, but to provide modes or relief against General, " the same principle would apply to larceny, burglary, State legislation or State action of the kind referred to. It does not authorize Congrel?S to create a code of municipal law for the regula a~ault nnd battery." [Applause.] tion of private rights, but to provide modes of redress against the ..._ ection 5 provides that any county in which a per ~ on is put operation of State laws and the action of State officers1 executive ot· to death by a mob shall forfeit $10,000 for the use of the family judicial when these are subversive of the fundamental rights specified in the' amendment. Positive rights and privileges are undoubtedly of the person so pnt to death. If he had no family then it goes secured by the fourt<>enth amendment, but they are secured by way of to his parents, and if he had no parents then it is gi\en to the prohibition against State laws and State proceedings affecting those United State . · rights anq privileges, and by power given to Congre s to legislate for the purpose of carrying such pt·ohibition into eft:ect, and s uch legisla A county is but a subdivision of a State. (.nder this bill it tion must necessarily be predicated upon such supposed State laws or is not nece sary that the co1mty itself should have failed in any State proceedings and be directed to the correction of their operation particular to do its utmost to prevent the lynching. It is not and effect. neces ary that the county should have any knowledge of the 1\fr. Justice Field, in the One hundred and thirteenth United lynching or llave failed in any particular to prevent it. It is States Reports, page 27, in the case of Barbier against Connolly, . sufficient to punish the county in a Federal court that a lynch made plain the purpose of t11e fourteenth amendment and its ing has taken place within its borders. The sheriff of the limitations. He said : . county may llnYe tried his utmost to prevent the lynching. He The fourteenth amendm<>nt, in declarin~ that no State "shall deprive mav have been shot to death by the lynchers, but under this any person of life, liberty, or property without due process of law~ nor deny to any person within its jurisdiction the equal protection 01 tho bill. . hi$ family would receive nothing, while the family of the laws" undoubtedly intended not only that there should be no at·bi person so lynehf'tl would receive $10,000 from the innocent tax trary deprivation of lite or liberty or arbitrary spoliation of pt·operty payers of the county. but that equal protection and security should be given to all und<>r I 1922. CONGRESSIO AL RECORD-HOUSE. 1023.

Jike circumstances in the enjoyment of their personal and civil rights; enforcement code to carry out tbc pn:rpose of the eighteenth that all persons should be equally entitled to pursue their happiness and acquire and enjoy property; that they should have like access to amendment. the courts of the country for the p-rotection of their persons and The gentleman frem lliunesota [l\Ir. VoLSTEAD], chairman O'f prope11:y, the prevention and redress of wrongs and the enforeement of the Judiciary Committee, immortalized himself as author of contracts; that no impediment should be interposed to the pursuits of anyone except as applied to the same pursuits by others under like what is known as the Volstead enforcement act, which provides circumstances ; that no greater burdens should be laid upon one than f~r the enforcement of the eighteenth alllendment by Federal are laid upon others in the same calling and condition ; arul that in authority in conjunction with and jn concurrence with the States. the administration of criminal justice no different or higher pmrlsh ment should be imposed upon one than such as is prescribed to all for On appeal to the Supreme Court by the breweries, distillers, J1ke offenses. But neither the amendment, broad and comprehensi~ as and liquor sellers that Congress had no right to enact this en it is, nor any other amendment was designed to interfere with the forcement code, the Supreme. Court has recently held that Con power of the State, sometimes termed its police power, to prescribe regulations to promote the health, peace, morals, education, and good gress had that right because . of the eigpteenth amendment, order of the people. which made the manufacture and sale of intoxicating liquor a · This was followed by the decision of the Pembina 1\Iining Co. Federal offense, and that Congress received from the eighteenth against the State of Pennsylvania, One hundred and twenty-fifth amendment authority to enact a Federal enforcement code, and United States Reports, page 181, in which the court said: , so held the act of Congress constitutional. 'Vhat do we find in the bill before us 1 Not a resolution of The inhibition of the amendment that no State shall deprive any per- Co ub ·~ tw ti h son within its jurisdiction of the equal protection of the laws was rrgress s IDlt.l.lllg the en et amendment to the people of designed to prevent any person or class of persons from being singled the Nation, making lynching a Federal offense in every State in out as a special subject for discriminatory and hostile legislation. the Union, and authorizing Cong1·ess to enact a Federal code A later decision is found: in James against Bowman, One hun- : for the enforcement of the amendment. Nothing of the kincl, dted and ninetieth United States Reports, pages 127 to 137. but in its place we find this strange situation, not another Tbere the late Justice Brewer construed! the fourteenth amend- Volstead enforcement code but the Dye1· enforcement bill to en- ment as follows: force an amendment not now in existen~e~ 'l'he equality ot the rights of citizens is a principle or republicanism.. Neither in the fourteenth amendment nor in any other amend- every republican government is in duty bound to protect all its citiz1!nS · ment i'3 lynching made a Federal offense, and until it is ma.de a in. tJle enjoyment of this principle if w.ithin its po'Yer. That duty was Federal offense by a constitutional amendment to the Federal ~~~~f~~ ~~~ti~~d u~~ntht1es~~i~elns~;ie:ifs1 ~e~::nih!~ege ~re~~~ .0onstitution and authority; given to- Congress to enact an en- not deny the :right. This the amendment guarantees, but no more. The foreement code to carry out the purposes of such an amend power of the <%vernment is limited to the enforcement of this guaranty. · merit Cengress has no power whateyer to· enact this bill. The late James G. Blaine, of my State, was a :.Member of Con- If this bill should pass and become a law, and after tl1at a gress when the fom·teenth amendment was passed. In his great person should be arrested for participating in a .lynching and work Twenty Years ·of Congress, volume 2, page 313, he makes taken before the Federal court and convicted, and he should plain what Congress intended to be the purpose and limitations appeal to the Supreme Court on the ground that the law under of that amendment. He says: which he was convicted was uncwnstitutional, I can imagine Under it the citizen of foreign birth can not be persecuted by diS· the scene in the Supreme Court of the United States when the criminatory statutes, nor can any citizen of dark complexion !Je de- constitutionality of that law should come up for argument. prived of a single privilege or immunity which belongs. to- the white When the code to enforce the eighteenth amendment was be man. Nor can the Catholic or the Protestant or the .Jew be placed under , fore the Supreme Court my chairman, jJr. VoLSTEAD, wa. fo,. the ban or subjected to any deprivation of personal or rellgious right "- It .curtails the power of the States to shelter the wrongdoer or to the law and its cons.titutionality, beeause, as he claimed, he a.uthorize crime by a statute. was backed by the eighteenth amendment. The CHAIRM.Al.'L The time of the gentleman from l\Iaine On the other side then was my friend from Missouri [lli. has expired. DYER], author of this bill, who was opposed to the national Mr. SUMJ\.TERS of Texas. I yield to the gentleman five min- prohibitory law on the ground that it was not constitutional utes more. and that Congress had no right to enact it. Now, when this 1\Ir. UPSHAW. Gi\e him five minutes of my time. · bill comes before the Supreme Court, the.re is a .wonderful lli. HERSEY. I would like to have 10 minutes. change. On tbe day that the Constitution is to, be crucffie(l by l\Ir. SUMNERS of Texas. All right. the antilynching bill Pilate and Herod become friends. The Mr. HERSEY. It was contended in our committee and by gentleman from Missouri and the gentleman from Minnesota friends of this bill in the debate in the House that this Federal are now claiming that this law, this antilynching bill, is con ::mtilynching legislation was justified and constitutional be- stitutional without any constitutional amendment whatever. eause it is claimed that there is a precedent in the late Volstead When the Supreme Court asks :i\1r. VoLSTEAD for his authori y enforcement code making the manufacture and sale of intoxi- for the enactment of this legislation by Congress without an eating liquors a Federal offense. amendment to the Constitution making lynching a Federal This contention of the proponents of this bill is very unfor- offense, l\Ir. VoLSTEAD will stammer and say that his friend tunate for the constitutional side of this bill. A moment's Mr. DYER will present that side of the case, because he, Jlr. thought must atisfy us that. the ejghteenth amendment, in· VoLSTEAD, is more familiar with the eighteenth amendment than stead of being in favor of this legislation, is directly opposed he would be with 1\fr. DYER's bill, and the. court would call to it. upon ::\Ir. DYER to answer the person convicted how the court Man-y years ago some "of the States of the Union, like Maine could hold this antilynching enforcement law constitutional and Kansas, enacted prohibitory laws outlawing the manufac- without a constitutional amendment authorizing it, and Yr. ture and sale of intoxicating liquor within the borders of their Dm would say in substance, as he said the other day to us: •tates. They passed also amendments to their State constitu- "I have here, your honor, clippings from many new papers tions making it unlawful to manufacture or sell liquors. On all o\eJ.' the land recommending this legislation. I want to tell appeal to the United States Supreme Court that court held these your 1ionors about the awful riot out in St. Louis, my old State. statutes and amendments to their State constitutions were law- some four years ago, known as the race riots, where 100 persons ful under the police poweD given to the States by the Federal were shot and burned. I do not know who did the shooting, Constitution. · but it was done in a riot and by a mob, and it was caused by The Supreme Court said in substance the States have a right . race feeling and prejudice; and. for that reason we want this to enact their own criminal laws. They ha\e the police power, legislation to be held constitutional." anu it is not only their duty but it is their exclusive duty to I can see the kindly Chief Justice, with that well-known enforce the police powers under the Constitution. . broad smile spreading ov-er his face, saying to Mr. DYER: '· The AfterwardS the friends of prohibition appealed to the Con- cour:t is not interested in the St. Louis riot er any new paper gress to enact Federal statutes making it a crime te manufa.c- clippings about the advisability of pre>enting lynching. We ture and sell intoxicating liquors in evQry State i.n the Nation. l\·-ant you to point out to us the constitutional amendment that In otl1er words, they demanded of Congl.'ess Federal prohibition. justifies ma.king lynching a Federal offense." And Mr. DYER Congress .rightfully replied that they had no authority to enact . would say,. "We rely upon the fourteenth amendment, your such laws without an amendment to the Constitution. This honor." And tbe· court would say to l\Ir. DYER) "The four position wa admitted by all lawyers, and afterwards Congress teenth amendment is to prevent discriminatory legislation on uid subntit to the people and there was duly passed and made . behalf of. the Sta-tes; it aims at State enactments and not the a permanent part of the Federal Constitution the eighteenth acts of individuals, and our court has held that by repeated ue amendmen.t, making it a Federal crime to manufacture or sell cisions by Justice Miller, Justice Field, and very lately by the intoxicating liquors,. giving the States concurrent power with late Justice Brewer that, under the fourteenth amendlllent, the Federal Go>ernment in the enforcement of laws to carry Congress has no right to enact a Fed ral code of crimilial law out the amendment, and giving Congress authority to enact an for tbe States,. and that the fourteenth amendment is limited 1024 CONGR.ESSIONAL RECORD...-HOUSE. J NUARY 10,

·to di. criminatory legislation by State laws that do not give to Dorsey, of Georgia, organized a St...'lte-wide mo>ement against the con tinuance of the foulest and longest of all lynching records. all persons the equal protection of the laws." And then the And now Gov. Neff, of Texas, goes up and down the State appealing court will say, "That the appeal is sustained and the law for law enforcement and for order. dedared unconstitutional, indictment dismissed, and prisoner However sincere and courageous, the sou tllern governors' euorts to discharged." stamp out lynching, they come to naught. If tlle court should render any further opinion, it would hot~ Tbe President said the condition could not be remoYeu. as it has held so many times, that Congress can not make indi The President further ~aid: vidual acts a Federal offense without a constitutional amend 1 am convinced that in mutual tolerance, understanding, charity, rec ment. The court might, however, refresh the recollection of ognition of the interdependence of the race , and the maintenance of the (Tentleman from Missouri [Mr. DYER] by citing the fol the rights of citizenship lies the road to righteous adjustment. lowing case: Under the Dyer bill there is to its advocates no other road The Supreme Court of the United States in United States v. but Federal laws, United States marshals, Federal troops and Harris (106 U. S. Repts., p. 638) construed the purpose and the bayonet, civil war, and race riots. limitations of tlle two sections of the fourteenth amendment. The Southern States are enforcing law to-day similar to the The COUt't said: one provi.ded in this bill. It is their duty to so enact and en It is a guaranty against the acts of the State government itself. It force such laws. It is not the duty of Congres to interfere in 1..: a guaranty against the exertion of arbitrary and tyrannical power on the working out of this great problem by the States of the th part of the government and le~lature of the State, not a guaranty against the commission of indiviaual offenses ; and the power of Con Union. · gress, whethet• express or implied, to legislate for the enforcement of Over 30 years ago the immortal Henry W. Grady lefi his such a. guaranty does not extend to the passage of laws for the suppres sion of crime within the States. The enforcement of the guaranty does southern home and made a fraternal visit to the people of the not 1·equire to authorize Congress to perform the duty that the guar North. He was the best friend the colored people eve1· had. I it anty itself supposes to be the duty of the State to perform, and which He told us that the g1·eat race problem could not be settled by it requires the State to perform. Federal statutes by sending to the Southern States United I want to say a word as to the effect of this legislation, should States marshals and a new force of "carpetbaggers" on the it be passed by Congress and be held constitutional by the problem that this bill seek to settle. courts. The law will be most unwise and absolutely tmwork Grady sairolllem iu solving which the South must stand tl.le Union and all the United States marshals in the Nation. alone, in dealin~ with which she must come closer together th.an am bition or despair have driven her, and on the outcome of which her The 'tate· must be left to work out their own destiny, to enact very existence depends. This problem is to carry within her body and enforce their own laws in accordance with the Constitution. politic two separate races, and ~early equal in _numbers. She must The Federal power ought not to enter the domain of the State carry these races in peace, for discot·d means rum. She must carry and take possession of the prerogatives, dutie , and responsi them separately, for assimilation means deb!lsement.. She must car~y them in equal justice, for to this she ifl plellged m honor and m bilities of the States and attempt to perform their work. The gratitude. Slle must carry them unto the end, for in human probability fourteenth amendment contemplates that where States enact she will never be quit of either. . . This burden no other people beat·s to-day-on none hath 1t ever law thnf discriminate between persons, and deny to any person rested. Without precedent or companionshiJ?, the South must bear the equal protection of the laws, that such enactments of any this problem. the awful responsibility of which should win the sym tate are null and YOid. The fourteenth amendment goes no pathy of all humankind and the protecting watchfulness of God alone, further. even unto the end. It is generally claimed by the advocates of this bill that if What wonderful progre s the South has made in giving to the enacted into law it is for. the purpose of preventing lynching colored race the equal protection of the laws during the last 30 in certain Southern States, and particularly the lynching of the years! It is not contended by the proponents of this bill. that Negro. to-day :my State of the Union has in its constitution a smgle If there are more Negroes lynched than whites, it is becau e provision in violation of the fourteenth amendment of the of certain monstrous Climes committed by the Negro that arouse Federal Constitution. It is not claimed for a. moment that any the blood of the white race. The terrible crime of rape was a of the States have now a single statute that discriminates legacy left to the South after the destruction of slavery. The against any person or class of persons. No one claims as an South must deal with this a""ful problem. They are dealing excuse for this bill that any State in all thi broad land has with it. Every Southern State has law punishing the crime of laws that deprive any person or class· of persons of the equal lynching. It is said that the State of Georgia is the greatest protection of the la'\-VS. offender, and yet I find in a late edition of the Concord (K H.) To-dav ·each State has its own constitution, patterned after Monitor, the following: ancl in ~ccordance, conformity, and harmony with the Constitu [From the Concord (N. H.) :Monitor.] tion of the United States. Every unconstitutional provision of On a Friday morning recently two Negt·oes committed a heinous the past that has discriminated in any manner against ~e crime in Wayne County, Ga. By the following Wednesday morning colored race has been swept aside and declared null and YOld the criminals had been caught, indicted by jury in open court at the by the Supreme Court of the United Stutes. Every State ~as county seat, found gullty, ::tnd sentenced to death. That sentence is soon to be executed. . its own legislature that enacts laws for the government, gmd The whole proceedings, savs an Atlanta newspaper, with pardonable ance, and protection of all its citizens.. Every State has its pride. "passed off with dignity, order, and :preci ion." The community courts to construe its laws and dispense justice to its people. in which the crime was perpetrated is satisfied, and a.ll the more so because fundamental justice has been done without any sacrifice of Every State bas its governors, sheriffs, and police offieers to self-respect. enforce its law . These are sacred rights resened by the 'rhe only excuse for lynching has been its efl'ectivene ·s. The legal ·constitution of the United States to the several States, and p1·ocedut'e in this case was just as effective a!': a. lynching bee. Thjs is the wav, and the. only way. to stop lynching in criminal cases that in these rights you and I under oath are sworn to preserve and volve race prejudice or invite the moral hatred of a community. protect. The New York World, in a recent issue under the title "High Since the days of Blaine and Grady the sons of the Blue cost of lynching." a~·s: and the Gray haYe fought side by side on land and on sea, first to liberate the slaves of Spain. Then next the soldiers The award of $2,000 damages made by a South Carolina court to the widow of a Yictim of mob violence establishes an interesting precedent. of the North and the South, forgetting partisanship ana. ection In April, 1920, Joe Stewart, a Negro, was taken ft·om the jail at alism, have. borne the Old Flag of the fathers to triumphant La.ureru, S. C .. and hanged. Suit for this amount under the constitu victory on the blood-red fields of France, and while I am speak tional t·equit·ements wa brought by the widow iu the common pleas cout·t, and the presiding ju tice directed the jury to return l\ verdict ing to you together tl1e sons of the Blue and the Gray sleep again!':t ~h e county for the full sum. • * * If it is going to· cost side by side under the poppies of Flanders Field. Only yes ev(·n $2,000 to lynch a Negro in South Carolina, it is conceivable that terday the path of the President was . trewn with flowers by the price may prove a. deterrent to lynchings. the people of the South. Never was this Nation more happily The gentleman from l\Ii souri [l\Ir. DYER] inserts in the REc united. Here in the Capital of the Nation we have been spend ono a clipping from a ne"spaper that "ants the Dyer bill ing the past two months with the great leadet· of tbe ci"~ilize~l beca.mw it "ilY · it will stop all lynchings. It says of the efforts. world. 'Ve have been trying to demonstrate how beautiful 1t of .·outhern g vernor-· to prevent lynching , as follows: is for nations to dwell together in unity. Morrow. of K entucky. puts through an automatic removal law against In the afterglow of these happy Cbristmas hours through officer derelict in the face of mobs and employs State soldiery to pre -which we have just passed, when our heart cry ot1t "Peace vent lynching. McRae, of Arkansas, demands most stringent laws a.nd their enforce on earth, good will toward men," it is no time to enact this ment again t Iynchet·s. monstrous law that can have no other effect or result than to Coopet·, of Routh Carolina. made a Nation-wide reputation by his use fan into flames the expiring embers of race and class hatred or National Guard against would-be lyncheTs. Under the feal'lrss administration of Bickett, that great defense of ·and bring back again to the beautiful Southland the awful the Goldsboro courthouse a.gainst the mob became practically possible. horrors of those days of darkness that followed the Civil Wa.r. 1922. CONGRESSIONAL RECORD-HOUSE. 1025

God help us as Republicans to forget the doubtful political frankly that this bill is unconstitutional. I want to dispose value of this bill and work together, No1:th and South, East and of that as ertion first. I am going to tell you just as plainly West, for the peace, prosperity, glory, and grandeur of a united and frankly that it is constitutional. We are even so far. Republic. [Applause.] Now, let us leave it to the Supreme Court. Here are a few of ~lr. VOLSTEAD. I yield 20 minutes to the gentleman from their cases, and I believe the best way to get at it '""ill be to Kansas [l\1r. LITTLE]. read them and dispense with this eloquence. Mr. LI'l'TLE. Mr. Chairman, the first time that two men The question arises, of course, whether there is any distinction left to another man the decision of their disputes society became between these cases that ha\e been dragged in here-I do not possible. When the first--community arranged a tribunal to pass know why they have been brought in-and the case now at upon the offen ·es and rights of the citizen, government was bar. There is a very simple and plain distinction. Practically established. That agreement is the corner stone of all society every one of these decisions is based upon the fact that the and of all government. Whenever men cancel·tbat foundation indictment or law did not say that the State bad denied any agreement, government falls, society is dissolved, and civiliza rights to anybody. The case decided by Judge Brewer, of my tion is a wreck. Whenever men disregard the courts and under State, was a case in which somebody was arrested for intimidat take to take into their own hands decisions upon the offenses or ing Negroes at the polls; and whoever drew the indictment for right.· of other men, you have seen the beginning of the end of got to say that they did it because they were Negroes, which was human ·ociety and they are lapsing into barbarism. essential, and they forgot to say that it was done by the aid Respect for the law and its decisions is absolutely essential of the State by denying anything. But this pill in its \ery to the maintenance of a democratic form of government. Yet inception says that it only takes effect when the State has lawlessness, disregard for the law, refusal to leave to the law, denied equal protection. If I am chased by a mob, and I decisions on other men's guilt or innocence, never were as appeal to the sheri1I for protection, and he smiles and does rampant in this country as now. In the future generations nothing, the minute that he t•efuses to assist me I am entitled they will discus this lynching era with as much curious in to the protection of the Federal Constitution and to your pro terest as we do now the witchcraft era. Unless our people tection, and you have taken an oath that I shall have it. leave their disputes to the courts it is only a question of time Mr. HERSEY. Will the gentleman yield? _ as to the collapse of the Republic. Mr. LITTLE. No; I have not time. The gentleman must The States have giYen up any effort to enforce the. con titu excuse me. tional guaranty that the lives of all men shall have equal pro There is the case of the Commonwealth of Kentucky against tection. The time has come when Congress must remembf!r its Dennison, governor, reported in Sixty-fifth United States, 'page oath and proceed with its duty of enforcing that guaranty of 66. That case is quoted by the gentleman from Texas [Mr. tile Constitution. For that purpose, this antilynching bill is BucHAN A ] • On page 107 of the decision in that case :Mr. Jus pre ented. Whenever under this bill the State, or sheriff, for tice Taney says: example, has failed, neglected, or refu ed the protection of the And we think it clear that the Federal Government, under the Con stitution, has no power to impose on a ·state officer, as such, any duty Jaws to any man against a mob, that duty will then devolve ·upon whatever and compel him to perform it. the Federal Government, or the United States marshal, if this bill passes. Now, gentlemen, if that is the law we have no case. If that The Federal Government, perhaps, can not enforce this guar decision is to stand we have no business in this court. But let anty until the State has thus denied that equal protection. The us see about that. I will call vour attention to a case that these cases adduced by our opponents simply suggest that this consti gentlemen have already quoted, entitled Ex parte Virginia, 0I1e tutional guaranty can not be enforced by Congress until the hundredth United States, and let us turn to page 347, where the State by it · officers refuses a man protection. They have no Supreme Court of the United States says: relation to thi. propo eel legislation becau ·e it specifically pro A State acts by its legislative, its executive, or its judicial authori ties. It can act in no other way. 'rhe constitutional provision, there vidss t11at its terms do not become effective until the State fore, must mean that no agency. of the State, or of the officers or I:efuses to do it duty, and the minute that point is reached the agents by whom its powers are exerted, shall deny to any person within State officer who refuses a man protection and the private in its jurisdiction the equal protection of the laws. Whoever, by virtue of public position under a State government, deprives another of property, ilividuals who take advantage of his refusal and aid him in his life, or liberty, without due process of law, or denies or takes away the violation of the Constitution will be tried and punished in the equal protection of the laws, violates the constitutional inhibition ; and Federal courts and the counties whose officers are thus guilty as he acts in the name and for the State, and is clothed with the State's will be liable for such damages as are proven. power, his act is that of the State. This must be so, or the constitu tional prohibition has no meaning. Then the State HAS clothed one of Now, every man seems to think that whene\er he and his its agents with power to annul Ol' to evade it. neighbor can get a mask and a long white nightgown, they can But the constitutional amendment was ordained for a purpose. It was to secure equal rights to all persons and to insure to all persons call you out and whip you or hang you or burn you, if in their the enjoyment of such rights, power was given to Congress to enforce judicial minds you de erve that. Come, gentlemen, let us breed its provisions by appropriate legislation. Such legislation must act back to sanity again. upon persons, not upon the abstract thing denominated a State, but upon the persons who are the agents of the State in the denial of the No Republic is safe, gentlemen, except upon the respect for rights which were intended to be secured. Such is the act of March I, law which has been the backbone of Anglo-Saxon civilization. 1875, and we think it was fully authorized by the Constitution. Whenever our people lose that, our ociety begins to dwindle The argument in support of the petition for a habeas corpus ignores entirely the powers conferred upon Congress by the fourteenth amend and fade. This is a big Government, a democratic Government ment. Were it not for the fifth section of that amendment, there might with no big armies, with no autocrats, and we must depend be room for argument that the first section is only declaratory of the upon the respect of the people for the law. If the sheriff can moral duty of the State, as was said in Commonwealth of Kentucky v. Dennison (24 How., 66). The act under consideration in that case stand by and smile while a mob takes out and burns a Negro, provided no means to compel the execution of the duty required by it this country is on the road to the dissolution which so many and the Constitution gave none. ' have predicted this afternoon if they can not have their own But the Constitution now expressly gives authority for congressional way. interference and compulsion in the cases embraced within the fourteenth amendment. It is but a limited authority, u·ue, extending only to a The Constitution of the United States provides in the first single class of ~ases; but within its limits it is complete. The remarks section of the fourtenth amendment that whenever- a State made in Kentucky v. Dennison and in Collector v. Day, though entirely just as applied to the cases in which they were made, are inapplicable denies to any man the equal protection of its laws it has to the case we have now in hand. ·we do not perceive how holding an violated that Constitution. The fifth section of that amendment Dffice under a State and claiming to act for the State can 1·elieve the provides that whenever a State denies equal protection this holder from obligation to obey the Constitution of the United States Congress shall have the power to take the necessary steps to or take away the power of Congres to punish his disobedience. ward enforcing that guaranty of the Constitution. Judge Taney's case is gone and "done for," because it has We have heard a lot of pretty good oratory and pretty bad been reversed or modified by the Supreme Court of the United law about this constitutional question. States on the authority of the first and fifth sections of the four Since this Government began there have been about thirty teenth amendment, on which this bill is based, and that amend five times in which the Federal Supreme Court has held un ment is the supreme law of the land. constitutional what this Congress sought to do in passing a Now, more of these cases l1ave been decided in the One hun particular bill, yet any time anybody brings up any proposition dredth United States Repo'rts than in any other. In Tennessee here there are 15 or 20 constitutional lawyers who rise to against Davis, page 258, the court held: their feet to tell you that it is unconstitutional; but only The General Government must cease to exist whenever it can not thirty-five times out of thousands of bills that we have passed enforce the exercise of its constitutional po"tl"ers within the States by have they been so declared. the instrumentality of its officers and agents. I have listened with a great deal of interest to the " consti And the court held that . uch criminal prosecutions may be tutional" debate. SeYeral gentlemen just tell us plainly and removed to the Federal court. .

LXII-- G5 1026 CON{}RESSIONAL R3TICORD-· ROBSE. JANUARY 10,

In •'trauder against ·west Virginia, One hundredth United give a man justice. Here the orators were asleep at the switch States, pages 303 and 310: again or they nevet· would ha.ve challenged our attention to this The fourte-enth amendment not only- gave citizenship and the privi case of Virginia against Rives. The Supreme Court continues, le;;es of citizenship to persons of color but denied to any State the .page 321: powN· to withhold from them th& equal protection of the laws, and invested Congre s with power by appropriate legislation to enforce its If, as was alleged in the argument, though it does not appear in the provisions. petition or record, the officer to whom was intrusted the selection of the persons from whom the juries for the indictment and trial of .\ncl the court said: the petitioners was drawn, disregarding tlle statutes of the State, .l dght or an immunity, whether created by the Constitution or only confined· his selection to white persons and refused to select any perJ • :;uamnteed· by it, even without any expresJ delegation of power, may sons of tho coloied race, solely because of their color, his action was b protected by Congress. (Prigg. v. The Commonwealth of Pennsyl a gross-. violation of the spirit oil the State's laws as well as of the act Yania, lG Pt., 530.) So in United States v. Reese (92 U. S., 214) it of Congress or March 1, 1875, which prohibits and punislles such dis wa said by the chief justice of this court: "Rights- and immunities crimination. He made himself liable to punishment at the instanc created by or dependent upon the Constitution of the United States of the State and rmder the laws of the United States. In one sense, can be protected by Cons-res. . The form and manner of the protection indeed, his act was the act of the State and was prohibited by tho con- may be such as Congress in the legitimate exercise of its legislative dis stitutional amendment. · cretion shall provide. These may be varied to meet the necessities of And, again page 318. the particular right to be protected. ' But thera is express authority 1 to protect the right and immunities referred to in the fourteenth It is doubtless true that a State may act through diffe.ren,t agencies, amendment and to enforce observance of them by appropriate congres either by its legislative, its executive, or its. judicial authorities, and sional legislation. the prohibitions of the amendment extend to all action of the State YlllGINU V. RIVES. denying equal protection of the laws, whether it be action by one of these agencies or by auother. Congress, by virtue of the fifth section The case of Virginia against Rives is found on page 313 of of the fourteenth amendment, may enforce the prohibitions whenever they arc disregarded by either the• legislative, tho executive, or the >olume 100, United States Supreme Court Report., and isba ed judicial department of the State. The mode of enforcement is left on .· ction 641 of the ReviMed Statutes of the United States, to its discretion. It may secure the right-that is, enforce its recog which pro"\'"ides, among other things, that when any criminal nition-by removing the case from a State court, in which it is denied, into a Federal court, where it will be acknowledged. Of this there can pro.· ecution is commenced in any State court against any person be nu reasonable doubt. Removal of cases from State courts into who is denied or can not enforce in the judicial tribunals of courts of the. United States has been an acknowledged mode of pro the tate or in the part of the State where such prosecution is tecting rights ever since the foundation of the Government. Its con pending any right secured to him by any law providing for tha stitutionality has ne>er been seriously doubted. equal civ.il rights of citizen , such proseaution may on the de In the above· paragraph the Supreme Court again explicitly, fendant's petition at any time before the trial or final hearing calls attention to the fact that under the fifteenth amendment be removed for n·ial into the next circuit court to be held in, a State may deny equal protection by either its legislative, the district where it is pending, and on the filing of that peti judicial, or executive authorities, and Congress "may enforce tion all further proceedings in the State court- shall cease. Two. the prohibitions whenever they are disregarded by either " and Kegroe were being tried for alleged murder, and after the con " the mode of enforcement is left to its discretion." The court viction of one they asked for removal to the Federal. court, simply says directly that when the time comes that the consti· stating that there were no men of their race on. the jury that tutional guaranties should be upheld by Congress, "the mode indicted them nor on the jury that was summoned to try them. of enforcement· is left to its discretion." Here is ample room The Supreme Court states tllat if the officer who was entrusted and verge enough in the powers of Congress to enact a law that with the duty of selecting the juries confined his selections en shall accomplish every necessary essential to guarantee the tirely to white people, the injustice could be remedied in the rights of the citizen against their denial by any State. Why, judicial tribunal, and if it should, not be, an. appeal could be the argument of the learned barristers on this floor against the taken to the supreme court of the State,.and until that was done constitutionality of this proposed legislation is simply a reitera he could not truly say that he " is denied or can not enforce in tion and reaffirmance of the declarations of the Supreme Court the judicial tribunal of the State" hi rights as to. a jury; and 1 in fa>.or of such. legislation. They cite case after case which therefore it was not a proper ca~ for removal. The Supreme amply demonstrates the fallacy of all their argument. Court said. "I can· call spirits from the vasty. deep," said Glendower. In uch a case tt ougllt to be pre umed that- the court will redress the ".A:ye, so can I, and so can any man, but will they come?" said wrong. Hotspur. 'Chese debaters against the antilynching bill have summoned. the spirits, and thank -God they come, they come, The Suprem Court continues: 1 Denials-of equal rights- in the action of the judicial tribunals of the : upholding the authority.. of the Gongress of the Republic- to State are left to the revisory powers of this court. · guarantee equal rights before the law to its humblest citizen The court simply said that the petition for. removal did not in. its- remotest township. These gentlemen have e sayed to state· a proper cause· for removal• to the Federal court. It said draw from their sources the principles of the supreme law of that the proper remedy was to complete the bearing in the Vir the land as interpreted by: the Supreme Court of this great ginia courts, and then· ask for the revisory powers of the Su Republic, and there they: are, gentlemen of the House, shed- preme Court of the United Stutes. ' ding the ·sunlight of human rights upon every huma~ · being· The opponents of t~e proposed legislation ha\"e so·me way within the limits and boundaries. of this Nation. of free people. I' gotten the-idea from this case· apparently, that because the e EX PARTE VIRGINIA. cause· could. not be removed after trial to. a Federal court, a This case, page 339, immediately followed the Rives case~ sheriff could refuse to enforce the· law and Congress could find: In this· case the-United States arrested J"udge Coles, of Virginia no corrective legislation that it could make.- They entirely County; alleging that he kept· men off the jury because they were oYerlook the direct statement in this case of the Supreme. Court, black, in violation Of• the law in Virginia, and they asked for that these' men had an appeal to the Supreme Court of the an order that he be discharged, and the State presenting itS Unite~ States whenever it appeared that the judicial tribunals similar petition for it; and' the Supreme,Court held that the in of Yirginia had definitely sho·wn that they could not do justice dictment was all right, "that he is correctly held to answer it." to. the men on trial. Indeed, this cause is crowded witli state If he was guilty he ought to be punished for keeping black men ments of the- principles, involved, which affirm over and· again off the jury because they were black, which they held would· be tl1e authority of the Federal Government to•establish corrective denying a . man the equal protection of tho laws. The court legl ·lation· whenever a State denies. to any man equal protection says: before its laws. I hope that evecy lawyer interested will reacl We- held in the Strauder case that such an equal right to an im thi cause, because it is a library of legal jurisprudence that partial jury trial and such an.immunity from unfriendly discrimination are placed by the amendment-under protection of tho. General Govern ab ·olutely determines every proposition involved in this de- ment and guaranteed by it. We held further, that this protection and bate and affirms the absolute authorit~ of Congress to·· pass this this guaranty, as· the fifth section of the amendment. expressly ordains, bill. It is very curious that it should be cited by. those who a1·e may be enforced' by Congress· by means of appropriate legislation. oppo ed to the antilynching bill Much of it is too valuable ta. In other words, the court held in this Virginia case that Con omit. The Supreme Court says: gr~ss can enact the law now. proposed, and the court continues- We do not say that Congress could. not have authorized the removal All of the amendments derive much of their force from this latter of such a case into the Federal courts at any stage of its. proceedings pmvision. • * * It is the power of Congress which has been• en whenever a ruling should be made in. it denying the equal protection larged. Congress is authorized. to enforce the prohibitions by appro~ or· the laws to the defendant. Upon that subject' it- is unnecessary to priate legislation. Whatever legislation is appropriate to secure to :l.ll affirm anything. It is sufficient to say now that: section · 641 does. persons the enjoyment of perfect equalitY of civil rights and the equal not • • 0 • It left them to the revisory powers of the higher courts proteetion. of the laws against State. denial or invasion, if not pro of the· State and ultimately to the review of this court. hibited, is brought within. the domain of.. congressional power. Nor does it make any difference that such legislation is restrictive, or what There the court explicitly states that the Federal- Govern. the State might have done before the constitutional amendment w::ts ment in its courts can see that the Federalt courts can review a adoi;Jted. It is said; the selection of jurors for herr courts and. the ad denial of justice to a State citizen. in State courts; and. yet_peo ministration, of her. laws belongs to each State, that they aro hor riglrtS. This is true in the general. But in exercising her ri~hts, a ple bring that case here as if it sustained their objections to the State can not disregard the limitation which the Federal Constitution rights of the Federal Government to see that the State does has applied to her power. 1'922. CONG- RESSION_._~L R.ECOR.D-HOlJSE. . .1027

The court continues: liable to double punishment. The <:ourt then proceed:· to sug A State acts by its legislativt>, executive, or judicial authorities. It gest that probably he is o liable. can act in no other way. The constitutional pro>ision, therefore, must .As a general rule it is no doubt expedient and wise that the opem mean that no agency of the State, or of the officers or ag-ents by whom tions of the State and National Governments . hould, a far ::u:: prac its powers are exerted. shall deny to any person within 1ts jurisdiction ticable, be conducted separately, but there is no reason for laying the equal protection of the laws. Whoever, by virtue of public position this down as a rule of universal application. It should never be made under a State government, deprives or takes away the equal protection to override the plain and manifest dictates of the Constitution itself. of the laws, violates the constitutional inhibition, and as he acts in the We can not yield to such transcendental view of State overeignty. name and for the State and is clothed with the State's power his act is The Constitution and laws of the United States are the upreme law that of the • tate. This must be so, or the constitutional prohibition of the land, and to th~e every citizen of every State owe obedience, has no meaning. Then the State HAS clothed one of its agents with power to annul or evade it. whether in his individual or official capacity, But the constitutional amendment was ordained for a purpose. It The court then speaks of the concurrent jurisdiction in such was to secure equal rights to all persons; and to insure to all persons instances, the State, of course, being subordinate: the enjoyment of such rights power was given to Congress to enforce its provisions by appropriate legislation. Such legislation must act The views we ha>c expressed seem to us to be founded on such plain upon persons ; not upon the abstract thing denominated a State, but and practical principles as hardly to need any labored argument for upon the persons who are the agents of the State in the denial of the their support. . rights which were intended to be secured. . It seems to be often overlooked that a National Constitution ha been adopted in this country, establishing a real government, operating upon You should read this ease. It is nearly a library of the law persons, territory, and tbin~s, and which. moreover, is or should be as on this ubject, and I am divided between gratitude and wonder dear to every American citizen as his State government is; but if we allow ourselves to regard it as a hostile organization, opposed to the that the gentlemen who claim this bill is unconstitutional have proper sovereignty and dignity of the State governments, we shall con introd-uced this decision to the argument. tinue to be vexed with difficulties as to its jurisdiction and authority. They omitted, I belie\e, Ex Parte Clark, in which an Ohio Somewhat akin to the argument which bas been considered i. the objection that the deputy marshals authorized by the act of Congress election officer was convicted in the Federal courts for fooling to attend these elections are authorized to keep the peace, and that with the ballot box at a congressional election. The court this is a duty which belongs to the State authorities alone. It is says: argued that the preservation of peace and good order in society is not within the powers confided to the Government of the United States but The principal question is whether Congress had constitutional power belongs exclosi>ely to the States. Here again we are met with the io enact a law for punishing a State officer of election for the viola theory that the Government of the United States does not rest upon the tion of his duty under a State statute in reference to an election of a soil and territory of the country. We think that this theory is founded Representative to Congress. Our opinion is that Congress had consti on an entire misconception of the nature and powers of that Go>ern tutional power to enact the law. The petitioner therefore must be ment. We hold it to be an incontrovertible principle that the Govern remanded to the custody of the marshal for the southern district of ment of the United States may by means of physical force exercised Ohio, and it is so ordered. through its official agents, execute on eve1·y foot of American soil, the In a very profound dissenting opinion Justice Field very aptly powers and functions that belong to it. This necessarily involves the power to command obedience to its laws and hence the power to keep calls attention to the logical deductions from these decisions the peace to that extent. "This Constitution and all laws which which knock Kentucky against Dennison in the head. He says, shall be madP. in pursuance thereof sball be the supren1e law of the ·'I am not aware that the doctrine of this case which" (sic) "is land." Without the concurrent sovereignty referred to the National Government would be nothing but an advisory government. Its execu so essential to the·harmonious worldng of the State and Federal tive power would be absolutely nullified. Government, has e\er been qualified or departed from by this Why do we have marshals at all, if they can . not physically lay court until the recent decisions in the Virginia cases." That their hands on persons and things? What functwns can they per form if they can not use force? Must they call on the nearest con distinguished jurist, like the opponents of tllis proposed legis stable for protection and rely on him to keep the peace while they lation, could not yet really believe that the fourteenth amend are soliciting and entreating parties and bystanders to allow the law ment meant anything, and I commend his logical deductions to to take its course? This is the necessary consequence of the po ition that are assumed. If we indulge in such impractical views and keep these other students of ancient history (p. 414) : on refining and re-refining, we shall drive the National Government out These decisions do indeed, in my judgment, constitute a new depar of the United States and relegate it to the District of Columbia or ture. They give to the Federal Government the power to strip the perhaps to some foreign soil. We shall bring it back to a condition States of the right to vindicate their authority in their OWJl courts of greater helplessness than that of t;he old Confederation. It must against a violator of their laws when the transgressor happens to be an execute its powers or it is no government, and to do this it must neces officer of the United States or alleges that he is denied or can not en sarily have power to command obedience, preserve order, and keep the force some right under their laws. .And they assert for the Federal peace. Gonrnment a power to subject a judicial officer of a State to punish ment for the manner in which be discharges his duties under her laws. Gentlemen of the House, in other words the Supreme Court The power to punish at all existing, the nature and extent of the punish says that whenever the sheriff refuses to give protection to one ment must depend upon the will of Congress and may be carried to a removal from office. In my judgment-and I say it without intending attacked by a mob, the United States marshal" must necessarily. any disrespect to my associates-no such advance bas ever before been have power to command obedience, preserve order, and keep the made toward the conversion _of our Federal system into a consolidated peace," and to snatch the victim from the funeral pyre or the and centralized government. noose and arrest for punishment this criminal sheriff and those The learned judge's logical mind saw at a glance the end of other criminals who aid and abet him by violating the Con the reign of Judge Taney's case and the beginning of a new era. stitution and hanging or burning a man without trial. Forget it, gentlemen. Come out of the medieval fogs and stand Gentlemen, let us come to the point. Every decision you haYe with us in the sunlight of human freedom, won on battle fields quoted with regard to the powers of Congress under the thir and in courts, buttressed by the eternal principles of liberty teenth, fourteenth, and fifteenth amendments has been a case and equality, under which the fourteenth amendment gives to all in which there was no claim at all that the State· bad denied men equal protection under the laws of every State and enforces anybody any right, except cases like Ex parte Virginia, where it bv the officers of the United States in the courts of the United the State officer was held for trial by the United States court, States. and its jurisdiction approved. The cases that will be brought Now, I am going to refer you to perhaps the best case there under this law will be brought because the State, through its is in support of this legislation. Gentlemen have quoted cases officers, has denied men equal protection. There is not tile all around it, but did not cite this one. .I want to help them slightest doubt that Congress has power to mak~ such a law out wi tll the ca. e they overlooked entirely. enforcing equal protection, in each State under its laws. of EX PARTE SIEBOLD. the guaranties of the fourteenth amendment. We have solemnly (100 U. S .. 387, 388, 389, 392, 393, 394, 395, and 396.) sworn to support those guaranties as much as any other part In this case the Supreme Court ays: of the Constitution. Shall we carry out that oath? It is objected that Congress has no power to enforce State laws or The only question here is whether we will respond to reque.-· ts punish State officers, and especially no power to punish them for vio from all oYer this country, among which we heard to-ua~: those lating the laws of their own State. As a general proposition this is undoubtedly true, but when in the performance of their functions of the governors of Arkansas and Texas, that there shall be no State officers are called upon to fulfill duties which they owe to the more murderous riots like those at Chicago, East St. Louis, nited State· as well as to the States has the United States no means Tulsa, and no more such burnings as the recent one in Ar of compelling such fulfillment? It certainly is not bound to stand by as a passive spectator of congressional elections when duties are vio kansas, where the governor had guaranteed the man a protec lated and ouh·ageous frauds are committed. The duties of the officers tion which the State-was unable to give, just as Oklahoma, Illi n t Federal elections are owed as well to the United States as to the nois, and other States have been unable to give men the protec State. A violation of duty is an offense against the United States, for which the offender is justly amenable to the Government. No offi tion of their own State laws. It is a well-settlea fact that the cial position can shelter him from this responsibility. . officers will not do their duty and that the States can not stop The objection that the laws the violation of which is made punish these mobs and it is now up to the Government of the United able by act of Congress are State laws, and have not been adopted by Congress, is no sufficient answer to the power of Congress to im States to say whether its constitutional guarantee to men, of pose punishment. The State laws which Congress sees no occasion to protection under State laws, "is a mere scrap of paper;• or alter, but which it allows to stand, are in effect adopted by Congress. whether it is as our fathers haYe said to us, the sup1:eme law of It simply demands their fulfillment. Content to leave the laws as they are, it is not content with the means provided for their enforce the land, under which all men can be assured that their sons ment. It provides additional means for that purpose, and we think will not be burned by drunken mobs, but will have fair trials in it is entirely within its constitutional powers to do so. courts of justice, not trials before Judge Lynch, who never tie Another objection made is that if Congress can impose penal munds any evidence. That is the question here, and not a ques tie.· for the \iolation: of State la,Ts, the officers will be made tion of con titutionality, "·hich has been absolutely settled by 1028 CONGRESSIONAL RECORD-HOUSE. JANU ~RY 10, the very cases its opponents ha-ve cited, as well as by the Sie executive departments, do not recognize and protect the rights of all persons, the fourteenth amendment imposes the duty and confers the bold case and the Clyatt case (197 U. S., 217). power upon Congress of enforcing the guaranty of the fourteenth THE CIVIL RIOHTS CASES. gri~~rr:!i.that no State shall deny to any person the equal protection I turn now to One hundred and ninth United States, pages 3 and 13, and direct your attention to the cases known as the This bill was drawn to enforce that guaranty in pursuance Civil Rights cases, which these gentlemen have so eloquently of the decision of the Supreme Court in this United Sta.te cited here. I am going to cite them right back at them. The against Han·is, and unless it is constitutional the judgments of court decides this very issue, and I invite your grave considera- the Supreme Court are as idle as a summer dream and the guar tion of this : · anties of the Constitution of the United States are as ineffective Tlie fourteenth amendment is prohibitoi'y upon the States only, and as the decrees of Shakespeare's kings as they strut the sto.ge. the legislation authorized to be adopted by Congress for enforcing it This much heralded Harris case simply states that Congress is not direct le~lation on the matters respecting which the States can not act to protect human rights under this provision of the are prohibited from making or enforcing certain laws, or doing certain acts, but is corrective legislation, suCh as may be necessary or proper Constitution until the State has declined to do its duty, and for counteracting and redressing the effect of such laws or acts. that whenever the State has refused to do it duty of giving a Thls bill is not direct legislation to stop one man from man equal protection, Congress can act and must act to main mobbing another. It is corrective legislation, when the sheriff tain this guaranty. The trouble with the statute was, a · the Su refuses to assist a particular man, and the Supreme Court has preme Court says on page 639 : held that tllat is very proper. It npplles no matter how well the State may have performed its duty. l\Ir. GARRETT of Tennessee. Mr. Chairman, will the gentl~ man yield? The 1·eason this bill is constitutional is that if the State does Mr. LITTLE. I can not yield; I have so brief a time. I its duty through its sheriff or other agents this legislation will read further from these cases, the- civil rights cases: not apply at all. And •so in the pr-esent case, until some State law has been passed or Sometimes it seems from the cases our opponents cite that some State action through· its oflicers -or agents has been taken, ad either they are lost in the mist and maze of their eloquent and verse to the right of citizens sought to be protected by the fourteenth amendment, no legislation of thi:l United States under said amendment, exuberant oratory or presume upon the lazines of the friends nor any proceeding. under such legislation, can be called into activity, of this bill as to analyzing the citations. for the prohibitions of th~ amendment are against State laws and acts In the Reese case (92 U. S., 217) the Supreme Court sass: done under State authority. Of course, legislation can and should be Rights and immunfties created by or dependent upon the Constltn pt•ovided in advance to meet the exJgency when it arises; but it should tion of the United States can be protected by Congress. The fol'm nnd be adapted to the mischief and wrong which the amendment was in tended to provide against ; and that is, State laws, or State action of the manner of the protection may be such as Congress, in the legiti some kind; ad've"I"Se to the rights of the citizen secured by the amend mate exercise of its legislative discretion shall provide. These may ment. • • • ~:ct!~~ied to meet the necessities of the particular right to be pro= In fine, the legislation which Congress is authorized to ad{)pt in this behalf is not general legislation upon the rights of the citizen, but cor In the Cruikshank case (92 U. S.), which. they cite with n rective legislation ; that is, such as may be necessary and pr{)per for great deal of glee, Chief Justice Waite says: counteracting such laws as the States maY' adopt or enforce, and which by the amendment they are prohibited from making or enforcing, or The equality of the rights of citizens is a principle of republicanism. such acts and proceedings as the States may commit or take, and which, Every republican Goverlllllent is in duty bound to protect all it citi by the amendment, they are prohibited from committing or taking. zens in the enjoyment of this principle, 1f within its power. That duty was originally assumed by the States; and it still remains there. The CHA.IRMAN. The time of the gentleman from Kansas The only obligation resting upon the United States is to see th;lt the has expired. States do not deny th~ right. This the amendment guarantees, but no more. The power of the National GoV'ernment is limited to the en l\Ir. LITTLE. Mr. Chairman, the· gentleman from Minnesota forcement of this guaranty. [lHr. VoLSTEAD] prQmised to yield me 10 minutes further. The CH.AIR.l\-IAN. The Chair will recognize the gentleman Yes, our powers are limited to enforcing this guaranty that for 10 minutes more. all men shall have equal protection of the State's laws; and, Ir. LITTLE. Mr. Chairman, this case is perhaps as strong gentlemen, our duty is to see that that guaranty which we are as any, and I shall conclude this part of it with another few authorized to enforce is enforced. sentences f:tom the Supreme Court: ;r AMES 17. BOWMAN. Under the fourteenth amendment it [the Congress] has power to This James case, found in One hundred and ninetieth Uhited counteract and render nngatol-y all State laws and proceedings which States, page 127, simply holds like these other ca.ses, that the have the effect to abridge any of the privileges or immunities of citizens 4 of the United States, or to deprive them of life, liberty, or property authority granted Congress-to make corrective legislation does without due process of law, o1· to deny to ·any of them the equal J?ro not take effect until the State through some of its agencie has tection of the laws. Undel' the thirteenth amendment the legislation, so far as necessary or proper to eradicate all forms and incidents of denied to a man his rights on account of race or color or pre slavery and involuntary servitude, may be direct and primary, operat viou condition of servitude, but makes it still more clear that ing upon the acts of individuals whether sanctioned by State legisla whenever that denial comes from a State, Congress can make tion or not; under the folll:'teenth, 8$ we have already shown, it must necessarily be, and can only be, corrective in its character, addressed corrective legislation. Incidentally, the court held that the to counteract 'lnd afford relief against State regulations or proceed intent of the Constitution was that the Federal Government ings. could only legislate as to voting, under that fifteenth amend That is when a sheriff refuses a man's rights. How can Con ment, when the denial was due to race, color, or former servi gress oe co,rrective, if not by such a bill? tude, and that since the indictment failed to allege tllat the THE UNITED STATES V. HARRIS. intimidation of colored voters in Kentucky was because of th ir· Kow, we hear a fanfare of trumpets, and the gentlemen lead color it failed to state proper grounds for a prosecution. This into the ring The United States v. Harris (106 U. S., 629-639). is simply another instance in which the Government needeti a They entered this steed in the wrong class, which should have. good lawyer. The decision cites many of the former case , been announced as that decision of the Supreme Court of the and in the citation from the Civil Rights Cases, One hundred United States which sustains the constitutionality of the anti and ninth United States, page 3, it reiterates the announcement lynching bill now before the House. In that case the Supreme as to what Congress can do when it says: Court says, speaking of the fourteenth amendment ~ In. fine, the legislation which Congress is authorized to adopt in thi.' When the State has been guilty of no violation of its provisions; behalf is not general legislation upon the rights of the citizen, but when it has not made or enforced any law abridging the privileges or corrective legislation ; that is, suCh as may be necessat·y and proper immunities of citizens of the United States; when no one of its depart for counteracting such laws as the States may adopt or enforce, anu ments has deprived any person of life, liberty, or property without due which, by· the. amendment, they are prohibited from making or enforc process of law, or denied to any person within its jurisdiction the equal ing ; or such acts and proceedings as the States may commit or take protection of the laws; when, on the contrary, the laws of the State, and which by the amendment they are prohibited from committing or as enacted by its legislative and construed by its judicial and adminis taking. tered by its executi\Te depar:tments, recognize and protect the rights of Yet the gentleman from Arkansas [1\lr. TILLMAN] actually all persons, the amendment imposes no duty and confers no power upon Congress. cited this very case as his authority for the declaration that if this bill is unconstitutional. Well, the State has left undone everything it should have In the debate on this subject a distingui bed Member made done and has done everything it should not have done, what have the mistake of saying that in this James against Bowman ca e, you to say then? Of course, the converse of the above at once "It was again declared that Congress possesses no power under becomes true. The Supreme Court has thus, in effect, stated either the thirteenth, the fourteenth, or the fifteenth amend what the law is, which will read as follows: ments to enact such legislation as is here proposed." When the State has been guilty of violations of the fourteenth amendment; when it has made or enforced laws abridging the privileges This case of James against Bowman is made entirely under the or immunlties of citizens of the United States; when any of its depart fifteenth amendment and has no relation to the thirteenth or ments have deprived a person of life, liberty, or property without due fourteenth. In the next place, of course the Supreme Court process of law, or has denied to any person within its jurisdiction the equal protection of the laws; when the laws of the State as enacted by has never at any time held that Congress can not enact such its legislative and construed by its judicial and administered by its legi. Jation as is here proposed, but iu practically every case 1922. COXC~llES IO~AL RECOR.D-HOUSE. 029

cited here by our opponents it very tli~tinctly and explicitly than a live one." Perhaps equal protedion would ruak the aid that this is what Congres can do. live as valuable an asset as the dead. This is not a race clues I re-vert to some of the-·e case· here that these gentlemen tion; it ·is a question of justice to all men, white and black. I have quoted, in Virginia -r. Rives (100 U. S., p. 318), the Su noticed a suggestion here this afternoon that we are all of the preme Court says : same race in this Congress, as if that should be taken into con It is doubtless true that a State may act through different agencies, sideration, and it reminded me of something that happened down either by its legislative, its executive, or its judicial authorities; and in the Moro country during the Philippine wars. A young the prohibitions of the amendment extend to all action of the State denying equal protection of the laws. colored soldier from Kentucky and a young white lieutenant from the South were caught in a mountain defile by a band of Does it or does it not? Does it mean what it ays? If it l\Ioros, who called to the black man to come out, that they were

white woman had been assaulted. A poor, illiterate; unfortu The CHAIRMAN. The time of the gentleman from Tennessee nate Negro tramp who happene~ to be in the.locality where the has expired. dastardly crime was committed was arrested on suspicion and Mr. VOLSTEAD. Mr. Chairman, I yield to the gentleman two cast in prison. A mob i.p1mediately assembled. A cry went up minutes more. for vengeance. A victim was demanded. Fired by the char The CHAIRMAN. The gentleman from Tennessee is recog acted tic spirit of the mob, the jail was stormed, and in the nized for two minutes more. e:x:citement and stress of the hour a score or more of persons, Mr. TAYLOR of Tennessee. The whole country is sick nigh many of whom were innocent by-standers-men, women, and unto exhaustion with such tra'\'"esty. The law must be enforced children-were l'lhot, trampled upon, or otherwise injured. The whether good or bad if our institutions shall prevail and our officer· of the law successfully resisted and repelled the attack civilization continue. A good law should be enforced for mani and . ayed the life of the poor, unfortunate Negro. The excite fest reasons, and only the genuine enforcement of a bad law ment of the affair soon subsided, and in less than 10 days the will develop and expose its viciousness and lead to its repeal. innocence of the Negro was established beyond the peradventure With laws based on si.rpple justice, sound human experience of a doubt, and he was di-scharged from prison and went his and the spirit of the teachings of the meek and lowly Nazarene, way without further molestation. and with officials with the courage, fidelity, and integrity to We a11 admit that every means should be provided to protect enforce them the future safety of our Nation is secure. The and safeguard the womanhood of the land. We all agree that individual or community that can not trust the regular, ordinary the crime of rape is the most hideous and heinous to be found governmental agencies and institutions to make good the guar in the criminal catalogue. No death could be invented too cruel anties of the Republic is sadly lacking in the es ential elements for the rape fiend. By his foul deed he forfeits every right to of goOd citizenship. The majesty of the law must be vindicated any ort of respectable or honorable consideration. Yet in the and upheld, and order must be maintained irrespective of cost interest of law and order, yea in the interest of our boasted or hazard. civilization. his punishment must be inflicted according to the Mr. Chairman, the lofty sentiments of the immortal Lincoln form· of law. after he has been duly, legally, and constitutionally are peculiarly apropos to-day : convicted. The demands of justice may be delayed for a few Let every American, every lover of liberty, every well wisher to his day ·, and perad""enture some guilty fiend may escape punish po terity, swear by the blood of the Revolution nevet· to violate in the least particular the laws of the country, ann never to tolerate their ment: but, Mr. Chairman and gentlemen, it were far better that violation by others. As the patriots of '76 did to the support of the a guilty man escape punishment occasionally than that an in Declaration of Independence, so to the support of the Constitution and nocent man undergo the terrible tortures and ignominy of death laws let every American pledge his life, his property, and his sacred honor. Let every man remember that to .violate the law is to trample at the hands of a cruel and relentless mob. [Applause.] Mr. on the blood of his father, and to tear the charter of his own and his Chairman, doe any Member believe that the fear of the mob children's liberty. Let reve.rence for the laws be breathed by every ba. · ever deterred anyone from the commission of this unspeak American mother to the lisping babe that prattles on her lap; let it be taught in schools, in seminaries, and in colleges; let it be written able crime? Certainly· not. The infernal brute 'who attacks in primers, spelling books, and almanacs, let it be preached from the women is o teeped in degradation and is so yoid of conscience pulpit, proclaimed in the legislative balls, and enforced in courts of and oul that neither the noose nor the torch have any tet'rors ju tice. In short, let it become the political religion of the Nation. for him. I am not influenced in my attitude on this bill out of [Applause.] any consideration whatever for the rapist. I am opposed to Gentlemen, I thank you. the mob because it moves without reason or responsibility, anfl Mr. HERSEY. l\Ir. Chairman, not having the opportunity to thus menaces the innocent as well as the guilty. I am opposed complete my remarks, I hancled my manu cript to the reporter. to lynching as a matter of principle. I am opposed to it, be I ask unanimou consent of the House that it may be printed cnu. e it is degrading and demoralizing in its very nature; be in the RECORD ill full. cau. it is in defiance of law and breeds contempt and · disre- The CHAIRMAN. The gentleman from Maine a k · unanimou. pect for our governmental institutions, and is therefore a consent to extend hi remarks in the RECORD. I there objection? ·pecies of anarch~-. There was no objection. The committee report accompanying and supporting this bill Mr. L!TTLE. Mr. Chairman, I make the same reque t. recites that from 1889 to 1921, 3,377 persons met their death at The CHAIRMA . . I there objection to the . gentleman's the lmnds of a mob in this country. Of the total number thus request? barbarously murdered, 2,658 were Negroes, 617 were whites, and Th~re was no objection. 2 were Mexicans; and of this number 51 were women and 10 Mr. SUMNERS of Texas. l\1r. Chairman, I make tlle . arne were ex-service men. Thus it appears that the mob neither request. re ·pects the color nor the sex of its nctim. If it were absolutely The CHAIRMAN. Is there objection to the request of the known that every person lynched was guilty of the crime im gentleman from Texas? puted to him the enormity of the situation would be somewhat There wa · no objection. reduced, but the verdict of a mob is inexorable and is not sub l\1r. GARRETT of Tenne · ee. 1\lr. Chairman, I make the ject to appeal or review, and therefore the guilty and the in point that there is no quorum. nocent ·uffer alike. The CHAIRMAN. The gentleman f1·om Tenne see makes the It i a common impression, l\lr. Chairman and gentlemen, that point of order that there is no quorum present. The Chair will all Negroes lynched have been charged with a crime against count. [After counting.] One hundred and three gentlemen are women. but the report of the committee exposes this fallacy. present-a quorum. The gentleman from Minnesota [Mr. 'VoL Les · than one-third of the persons lynched, both white and STEAD] is recognized. black, have been charged with this unspeakable crime. Mr. GARRETT of Tenne see. Mr. Chairman, I ruoye that While I realize that numerous lynchings have occurred in the committee do now rise. this country which were beyond the power of the civil author The CHAIRMAN. The gentleman from Tennessee mo,·es that itie.· to prevent, neYertheless, in my candid opinion, a large per the committee do now rise. The <1uestion is on agreeing to that cent of these outrages would not have happened had the officers motion. charged with the upholdin<>' and enforcement of the law per The question wa taken, and the Chairman announced that formed theu· full duty. the "noes" appeared to have it. 1\Ir. • 'Ul\INERS ·of TexaK 1\Ir. Chairman, will the gentleman l\Ir. GARRETT of Tennessee. A division, l\lr. Chairman. yieltl? The CHAIRMAN. A division is called for. Mr. TAYLOR of Tenne see. I beg the gentleman's pardon. The commi'ttee divided ; and there were-ayes 41, noe 72. I can not. I haYe not sufficient time. The CHAIRMAN. The committee refuses to rise. The fourteenth amendment to the Federal Constitution guar Mr. VOLSTEAD. Mr. Chairman, I yield 10 minutes to the antees to every citizen the 'equal protection of the law," ancl gentleman from Colorado [Mr. VAILE]. it L the solemn duty of every officer charged with the responsi The CHAIRMAN. The gentleman from Colorado i recog- bility of upholding the law to employ eyery effort and means to nizecl for 10 minutes. • make this provision of the Federal Constitution effective. This Mr. VAILE. Mr. Chairman and gentleman, I am not "oing to , bill not only makes those who participate in a mob guilty of a undertake a constitutional discussion of the pending question. felony but it al ·o makes guilty of a felony any officer-State, In the first place, I am not by any ineans the best qualified man county or municipal, charged with the power or authority to to do it, and in the second place I could not do it in 10 minutes. protect the life of any person that may be put to death by a But I am going to try to tell you a little story, a family story, mob-who fail . neglect , or refuses to· make all reasonable ef that I think may be pertinent to the bill under consideration. fort ~ to prevent such person from being so put to death. Too l\lost of us do not remember many incident that occurred often, l\1r. Chairman and gentlemen, the officers charged with before we were G years old. Some familiar situation ~: and some upholding the law are in sympathy with law Yiolations and particular e•ents, however, do stand out -rery clearly in our mere~· make a preten e ancl a mocli:er~- of law enforcement. memories. 1'9"22. 1031

Generally my mother dres ed ·rny little sister and ·myse1f in In thi .name flf religious;patriotism 'mich lighted my father's tbe mornings, and while the process was going.on we wouia 1ltear dear ·thought on this subject I would have as little suspected father stropping his razor and we wou1d call to him. .He would the slightest ,_mudge of partisanship or sectionalism as I would come "in to see 'US, and sometimes he would tease us ana our have·Uoubtell the ·honor of my mother. •Father spoke very little .mother by kissing us when the lather was on .his lface. But one of fhe South. He regarded 'lynching ·as a national vic~, an<.l he ·sunday morning om· .aunt, who ·nved with us, •uressed us ·quite was especially depressea by cases of it in communities where · ·silently and 'hushell our noise, because, she said, :papa ·was .he was himself·a citizen and an officer of the law. He was not -asleep and must not 'be ·disturbed. 'But I slipped into his room "-self-aeluded 'by the bluster of heroic ·wortls" like the Member and did not find him tbere. Somehow there ·was a sort of ·awe from Texas li\Ir. :BucHaNAN], who fired in the RECORb'the open throughout the house. 'I ;too'k my sister's hand, we tiptoed ing 'barrage ·against ibis ·bill, .ancl ·to him " self-contro1" was a downstairs, and there we saw him. He was ·lying, in his "Shirt 'thing to be actuaiiy exercised by communities, -not merely and trousers, on the old hors-eb.air ·sofa. IDs eyes were closed. prated about in the CoNmtEssroNAL REconn ·as an excuse for not Mother was ·sitting beside nim, bathing 'his face, and crying a exercising it. .little. There was a cut on ·his cheek and a small bruise on his lJ: haa hoped that·my father might.see me at such an hour as tf01·enead. Ill mother's lap ·Was ·a washbasin half ftil1 of red 'this-; but, now that the .hour has come, I am at a loss for wordS. dish water. "She started to shoo us out of the room, but ftlther I do not know bow it is in my power to ·reply to the argument put out,his band before we went and pa:tted each of us and which has been ·put into the REcoRD by a gentleman from Texas. smiled at us. l\Iy mind is unable to deal with its contemptible -p·ettmess. :Perhaps l would not now remember the incident of my father 11\Ir. SUMNERS of ·Texas. 1\Ir. Chairnnm, ·wm the gentleman being sick that mornil;lg if it were not for another thing that yield? happened several hours 'later. That thing 'Was a joke to some "Mr. V.:A.IDE. No; if can not yield. Tn passing I want to -say people who srrw it, and it seems ludicrous now, in a kind of Jhat I am glad the gentleman from Texas, by his interjection, a horrible :way, 'but my sister and I were ·very much frightened ·has called my attention to 'his presence here, because I desire . nt first and my ·father was angrier than I ever saw him at any to pay 'him here my 'heartfelt and. sincere compliment on the other moment of ·my life. able, scholarly, and patriotic manner in which he has hanilled The atmosphere of the house seemed to be cha1:ged with a sort his side of this question, and because I want at the same time of mysterious dread that morning. Nobody would talk to us to comment on the very different handling o"f the subject in children and ·we were vaguely uncomfortable, but pretty -soon the opening barrage fired against this bill by another :Merriber we saw something very interesting outside. Two farmer's 'boys, from his own State. I think it ought to be called to the atten a little ·older than we were, appeared in the edge of the orchard tion of the House. This was the opening .argument in the ·tlragging ·old Tige, onr ·dog, with a -rope ·around his neck. The REcoRD against this bill by the .gentleman .from Texas L[Mr. .Bu ·rope was 'SO tight that Tige could hardly yelp. One ·of the boys CHANAN]. ·The most effective reply, ~ think, i-s to exhibit it (·limbed into an apple tree and put the rope over a limb. Then so ihat it may show for itself how far it is the " attitude of he climbed down and both started fo pull on it. Tige was hea-yy intemperate passion" which it professes to denounce. Listen: and they could not·quite lift him. He was squiJ.·II11ng and whin "Mr. Chairman, with the Republican Party platform declaring: ing piteously. 'Ve ran out, shrieking to the boys to stop 'nurt "We urge Congress to consider the most effective means to end lY nch ·ing in this country, which continues to be a terrible blot on ·our Ameri ing Tige. With us pulling at the dog and the other youngsters can civilization''- pulling on the tope the poor beast was nearly gone when my and, with the President's message, April-12, 1921, insisting that- father rushed upon us like a cyclone. He shook and cuffed the n Congress ought to wipe the stain of barbaric lynching from the nan- ners of a free and orderly represEmtati\"~ democracy ''- . boys unmercifully. He seemed almost frantic. He gr.abbed ~we ·have no misgivings as to the 'Principles fostered in 'this Republican each ·of us by the neck and llustled us into the house, and all the antilynching movement. It is politics and nothing but partisan politics ~claiming, ! ! ! " from "Bta:rt ·to finish of the most reckless and virulent kind. way he was " Children My God Children Its political ·aim is partisan J)ower. I did not unde1·sta:nd till long afterwards what it was all about, Its political ·motive is rpaTtisa.n advantage. but later I knew that early in the mor-ning the telephone had got Its political -hope is _partisan privilege. Its ·political 'fear is pa-rtisan loss. father out of bed with the news tha:t a mob was taking a man ts political •prayer 11! ·partisan 'Votes. from the jail. 1\Iy father was the prosecuting attorney. 'He Hs_political-spi.rit is partisan greed. ran most of the way into town -and met them at the town Lend lts ~ political - principle is sectional ·hate. · of the railroad bridge. He ·stood on the ·end of the bridge and '1ts political passion .1s partisan life everlasting, ad infinitum. ::md ith an the •POlitical pluntler and 'Perquisites. '~' * '* held up his ·hands. :E!e was -:young and vigorous. He was a ·Coming down, .Mr. ' Chah~man, to ·the spirttua:Lmerit of this Dyer llill popular public dfficia1. He ·was a most earnest and eloquent and its kindred and associated measures, which constltate the sum· mum malum of the entire dastardly budget of unpatriotic wickedness, speaker with a str·ong, clear voiee. They listened to him ·for te-veled so unscrupulously at the -heart of •the :Nation, the astounding severar minutes. 'BUt ·no ··w·ords coUld stay them from their pur fact is ·that ·such a .practically impossible ·proposition can •even ha"'l"e a pose. If any words could have done it I am ·sure that ,his words day in court. would. 'Be was pleading not so much for •the life of •one prob I do not know what the gentleman means by " ad infinitum," ably guilty wretch as for the life of the "State. 'But words failed. an expression neither Latin nor ..liJnglish, nor ·bel.on'ging to any The mob ·finally suTged upon and over that brave, ·unanned, ere .other language, so far as 1: am aware. I -ao 'nOt 1know how one voted .ru.an. They left him, brUised and ;bleeding, on the gl"ounCl, "1evels ;, a :budget. Like a :pistol, 'I suppoS'e. But 1· concern and they hanged their -victim from 'the bridge. myself with the sp.irit and not with the form of these · remarks. No; that was not in the South and the victim was not a Negro. 1Partisan? F'or Congr~s to ~onsider the most eff-ective means It happened at 'Kokomo, Howard County, Ind. to end lynching? Later in the dayuy father was able, as [nave said, to Tescue "Partisan? For the l>resident of this Republic to urge that a poor cur which children, inspired by the 'bloody ·example ·of we ·wipe the tain from the !banners of free and representative their elders, would have killed in play. democracy? Who but a man -whose 'Vision .has never lifted ·Father never discussed that particular 1nd1ana lynching with itself above the blindfold •of -partisan darkness •eonld tnake me. What I learned of the details l leal'ned, as a boy, from such .an assertion? Who but a man whose soul has never been others. But he talked with me many times about lynching. If lighted by :a ·single ray ·of .national-spirit C01Ikl :-pen those words? there was any on·e thing which would particUlarly rouse hiS '];hank God, I was reared .in a different ·light ! wrath it was the lawless r.esort to violence as a substitute .for 'lJhe ·only words which -can 1describe 1the gentleman'-s speech 'the law. Hatred 'of lyneh law was his religion and he im are the words ·.of the ·speecll itself, "the ·summum .:malum of pressed that religion on me as the 'Very essence of·patriotistn. the entire dastardly budget of ·unpatriotic wickedness leveled He wrote to me once on the subject when T was in college. so unscrupulously at the heart <>f the Nation." [Applause.] ·we were living in ·nen-ver "then. An Italian saloon keeper had 1\fr. VOLSTEAD. I yield 10 minutes to the .gentleman from killed an ·old ·so.ldi-er in a di-spute over payment for a single Pennsylvania [1\Ir. KELLY]. glass of:beer. A ·mob battered a wide breach in the ·side of the Mr. KEIJLY of Pennsytrania. l\.'lr. Chairman, I ·believe I county jail and -hanged Dan Arata near the courthouse -:yard. have listened to e-ve1·y. word uttered during this debate, in an. The repaired wall, with -'ts slightly different brick, ·bears to this earnest effort to see both sides of ·this question, if indeed two day a 'blot ·Which 'is mote ;than a -bl

I :aw the othet· uay a ghastly photograph of a Negro victim State has added to om· shame. Every orgy of 1a wle sness ha · of a mad mob, hanging from a tree, his body riddled with disgraced the Nation. bullets . In 31 years there have been 2,600 Negroe · murdered by mob .'taring out of tllat picture of bestial ferocity was a fact that in this land of the free and home of the brave. Against the ·truck like a blow, "Not this helpless black man was lynched wildfire of the mob they have had no defense. During all this here, but the la'iYS of the United States." long period, covering aa entire generation, every five days bas I saw another picture of even greater horror. A .Young witnessed that most terrible sight-an American citizen dangling colored man lying in a flaming fire which ate the flesll from his on a tree or burning at a stake, while red-handed and black bone.· while a blood-thirsty mob jeered at his agony. hearted la\\breakers roared out their scorn of American laws In letter · of flame across the black picture was a warning and America's Constitution. Every lynching was a brutal as for all who have eyes to see, "Not this Negro was burned here sault upon the majesty of the law, but in all that pe1iod no but the Constitution of the United States." party of lyncllers was eYer brought to justice. Ir. Chairman, the fundamental basis of tlle \...merican Gov In 1919, the rear after our great adventure to make the world ernment is equal rights. It was to establish that idea and ideal safe for democracy, 78 colored men were deprived of the Anieri that this Nation was founded. To carry it into effect is can right of a fair trial and were murdered in cold blood. America's separate and sacred mission in the ,..,.orld. Fourteen of these were burned to death, 31 were shot, 24 The Declaration of Independence is the immortal announce were hanged 2 were beaten to death, 1 cut to pieces, and 1 ment of that doctrine: drowned. ~ We hold these truths to lJc self-evident: That all men arc created Ho'y ruthles. were the ·e assaults upon that Constitution equal; that thev arc endowed by their Creator with certain unalienable which ~ladis on said would haYe a beneficent effect upon the right-- ; that an1ong these arc life, libe~;t y , and the pursuit of happi ness. That to secure these rights, governments arc instituted among human race. What an attack upon the Government organized men. to secure equal and exact justice to all. It matters not wnat The Constitution wa. · drafted and adopted for the expres heinous crimes were charged against these victims. No indi purpo ·e of securing an organization which should secure the Yidual offense in all the black code of criminality justifies tlle rights of life and liberty and the pursuit of happiness to eyery destruction of the Yery foundation of ordered government. American citizen. Its stated purpose is to I point no finger of scorn at the South when I say that my form a more perfect union, establish justice, in m·c d1Jmc;;tic tran own • 'tate of r e nn .~y lvania ha had the experience wl1ich has quillity, provide for the common defense, promot t he general welfare, followed mob massacre· in Georgia, South Carolina, and other and secure the blessings of liberty. Southern •'t ates. The class of citizen was enlarged and their rigLts guar On Sunda3·, Augu ··t 13, 1!)11, Zack Walker wa · taken out of anteed by three separate amendments to the Con titutiou. The the hospital in Coatesville, dragged half a mile along the thirteenth amendment made free men out of slaves, and I ground, thrown upon a pile of wood, drenched vdth oil, and believe made them citizens. But to make as uruncc doubly sure burned alive. the fourteenth amendment declared them citizens of the United Walker was accu ·ed of the murder of a private policeman at States, entitled to all the rights, priYUege , and immunities the steel mills. Hundred · of persons took part in thi anarchis of such citizen ;_ tic disregard of the laws and the Constitution. The moment the thirteenth amendment was ratified slavery There was a chorus of execration from everr newspaper in ·was outlawed. The Negroes took exactly tlle status they would tl1e State. The governor issued a proclamation calling for the have had if they had never been enslaved. They became a part punishment of the guilty ones. The State constabulary was of the people of the State and the Nation. called out. Judooe Butler on the bench made a vigorous charge This amendment repealed every enactment that upheld to the grand jury, but not a single guilty man was puni hed. lavery and erased every judicial decision. against freedom. It Mr. GARRETT of Tennessee. 'Viii the gentleman yield? blotted out of the Constitution itself every clau ·e that recog l\lr. KELLY of PcunSJ'lvania. I have not much time, but I nized the right of property in human flesh and blood. will yield. That amendment should have been sufficient. By making men 1\lr. GARRETT of Tenne. see. Could a Federal judge ha ,.e free it made them citizens. But it was found by bitter trial done more than tLe State judge did? that the legal destruction of slavery and involuntary servi . Mr. KELLY of Penn ·slvania. I believe so. I believe tile tude, still left the Negro a helpless victim. The fourteenth county was in . ucL an inflamed condition at that time that amendment was submitted and ratified in au effort to make an impartial trial was not granted and that a wider juri diction sure that the protection of the flag belongs to eyery citizen, would have assured justice in a State with a record of 200 years black or white. • against slavery and racial oppression. But it was still more than that. Justice Field of the United Mr. GARRETT of Tennessee. I thougllt the gentleman sai citizens of the United States, and thus obviate objection to the legis was punished, although the leaders and instigators of t11e crime lation adopted for the protection of the emancipated race. It was in tended to make it possible for all persons of every race and color to were known to thousands. Any secret-service man could have live in peace and security wherever the jurisdiction of the Nation secured the fact in a day. reached. It therefore recognized, if it did not create, a national citi l\lr. Chairman, that is the exact situation in almost every zenship. This national citizenship is primary and not secondary. lynching and mob murder. The local authorities can not or Mr. Chairman, the fourteenth amendment imposes a sacred will not enforce the law: against fiendi "'h murders. The time obligation upon the Federal Govmnment. to protect its citizens has pa-.: ~d to apologize for lynching, or ewn to explain it. It eve1·y"·here. TLe power to do so is contained in it. Under it must be ·tamped out. the Federal Government can go into· every State, "ith effective The Nation mu ·t deal witll thls national menace of mob nlle. remedy-must do so if the weakest or humblest citizen is not As President Harding has said : protected against tyranny and oppression. Congress ought to wipe the -stain of barbaric lynching from the ban It is a contract between the Government and the citizen. That ners ol a free and orderly representative democracy. contract calls for loyal allegiance on the part of tl1e citizen and ure protection on the part of the Nation. The fo·urteenth When a :Xegro i · lynclled it is an open declaration of supreme amendment made us aU citizens of the Nation. The United contempt for the black race. The whole machinery of law is States can not shirk its sacred duty, its first and greatest re in the hands of the white·. There is no danger of any guiltY. sponsibility, the securing of exact and equal justice to eyery Negro cheating the ends of justice. To lynch the accused man citizen beneath the flag, whether he dwell in a Xcgro hut or in a is not to punish crime but to express hatred and contempt for a millionaires palace. race. · . The States haYe proved themselves unable or unwilling to One of the marvelous things in our history is the patience prevent lynching. The rule of the mob whiclt defied the Con with which these million · of a race brought here against their stitution must be overthrO\Yn by national action. will have endured outrage:. This problem knows no geo

Once, in 1903, despairing of remedy, they issued an address my company having been killed and wounded in about 10 minutes· time, and the behavior of the men was splendid.. At no time during to emperors and kings of the Old ·world praying for inter that and in subsequent fights did my men hesitate at the ays that the Neg1·o wi1l not fight does not, of course know wllat he IS talking about. ' equipped lawyer, is a valuable member of the American Bar Asso The first fight I was ever in, 1hc ba1tle of El Caney Cuba Julv 1 ciation and many law fraternities. He is a great L01.1isiana _l89S 1 l\jjt] ~~;,:r·•es killed nnd wounded all around me,'2o pci· cent of historian, writing page after page of its wore recent. history -

1034 COITGR.ESSION ... L RECORD-HOUSE. JA:NUARY 10,

iuto new~papers, law journals, and the records of our court LE.A.YE ' OF AB E _ CE. But above all these he is a great American, kind, considerate, By unanimous consent, leave of absence 'Yas grantecl as fol and affectionate to all. He has inueed liYed to bless mankind. lows: The address is as follows: To Mr. l\loonE of Illinois, at the request of Mr. Bnoorrs of Illi CLARK MILL S. nois, for 10 days, on account of important business. [Paper read before the Louisiana Historical Society on June 28, 1021, To Mr. HUMPHREYS, for continued leave of absence for one by Mr. W. 0. Hart.] week, on account of the illness of his wife. ' · Clark Mills, the sculptor of the three Jackson statues _and of other To Mr. L.A.~HAM, for to-day, on account of illness. great works of art, was born in Onondaga County, N. Y., on December 1, 1815, and died in the city of Washington, D. C., on January 12, 1883. To 1\Ir. HAMMER, from January 11 to January 17, 1922, on ac- He was left an orphan at the age of 5 years, and then lived with a. count of business. · • maternal uncle, but becoming dissatisfied with his home ran away in 1828. After a hard experience working on a farm, cutting cedar posts ENROLLED BILLS PRESENTED TO THE PRESIDENT FOR HIS APPROVAL. in a swamp, and learning the millwright's trade, he reached New Or lUr. RICKETTS, from the Committee on Enrolled Bills, re leans, La., where he stayed a year and then went to Charleston, S. C. He1·e he learned the stucco business, which he followed until 1835, when ported that this day they had presented to the President of the he discovered a new method of taking a cast from the living face, which United States for his approval the following bills: enabled him to make busts so cheaply that he soon had as much work H.~R. 2914. An act to add certain lands to Minidoka National as he could do. He then resolved to try cutting in marble, and began Forest; a bust of John C. Calhoun, for which he was awarded a gold medal by the city council of Charleston, and it was placed by them in the city H. R. 5700. An act authorizing the Secretary of the Treasury hall. Subsequently he executed busts of John Preston, Wade Hampton, to sell the old Subtrea.sm-y property at San Francisco, Calif.; and other eminent South Carolinians. He was invited in 1848 to fur nish n design for an equestrian statue of Andrew Jackson, to be erected H. R. 6380. An act to amend an act entitled "An act to incor in Washington. He completed his model in eight months and it was porate the Masonic Mutual Relief Association of the District of accepted. His treatment was entirely original. The statue was un Columbia," approved March 3, 1869, as amended; veiled on the anniversary of the Battle of New Orleans, in 1853. lt An stands on Lafayette Square, and was cast from cannon taken from the H. R. 7204. act to provide a Government-owned water sys British during the War of 1812. Later he obtained a second commis tem for the Fort Monroe Military Reservation; sion for a colossal equestrian statue of George Washington, and pur H. R. 8344. An act to authorize the Secretary of the Intelior chased ground in the vicinity of Washington, where he built a complete to grant extensions of time under oil and gas permits, and for foundry. His statue of Washington represents a scene in the Battle of Princeton. lt was dedicated in Washington on February 22 1860. other purposes ; Meanwhile Mr. Mills also executed a replica of his Jackson sta1:ue1 for H. R. 8401. An act to transfer the custody and control of the the city of New Orleans, La. In 1860 he began his statue of " Free United States customhouse wharf at Charleston, S. C., from the dom,"' after Thomas Crawford's designs, which was completed in 1863, and now stands aboTe the Dome of the Capitol. The latter part of hls Treasm-y Department to the War Department; and life was spent in making busts, and ]le invented a method of putting H. R. 9021. An act to permit the city of Chicago to acquire plaster on the face of his subjects, thereby adding greatly to the truth- real estate of the Unitec1 States of America. fulness of his casts. · The first equestrian statue of Andrew Jackson was erected in the city ADJOURNMENT. of Washington in what is known as Lafayette Square and was un •eiled on January 8, 1853, the thirty-eighth anniversary of the Battle of 1\fr. VOLSTEAD. l\fr. Speaker, I move that the House er the Columbia lli'\"er at a point •• The city of Nashville has just cause for pride from the fact that of the three statues cast from the same model the one before you is the approximately 5 mile" up tream from Dal!es ity, Wa co most perfect of them all." County, in the State of Oregon, to a point on the oppo. ite . bore ·

I 1922. CON GR.ESSIO_:._ :r AL RECORD-HOUSE. 1035 of the State of Washington, reported the same with amend· dates and committees, regulating the action of committees, ex ments, accompanied by a report (No. 547), which said bill and tending the jurisdiction of Federal courts, pro\iding for the report were referred to the House Calendar. publicity of campaign expenses, and for other purposes ;. to the · Mr. VESTAL, from the Committee. on Coinage, Weights, and Committee on Election of President, Vic-e President, and Repre Measures, to which was referred the joint resolution (H. J. sentatives in Congress. Res. 227) extending the term of the National Screw Thread By Mr. ELLIS: A bill (H. R. 9810) to prescribe methods of Commission for a period of five years from March 21, 1922, re districting and redistricting States to comply with acts of Con ported the same without amendment, accompanied by a report gress apportioning Representatives among the seYeral States; (No. 548), which said joint resolution and· report were referred to the Committee on the Census. to tlle Committee of the Whole House on the state of the Union. By 1\fr. REECE: A bill (H. R. 9811) to prov-ide for the erec Mr. SNYDER, from the Committee on Indian Affairs, to tion of a public building at Jonesboro, Tenn.; to the Col.ll)D.ittee which was referred the bill. (S. 2532) for extending the time on Public Buildings and Grounds. _ within which allotments may be made in the Crow Reservation, By Mr. KAHN: A bill (H. R. 9812) to authorize the Secre Mont., reported the same without amendment, accompanied by tary of War to sell real property acquired as a site for Camp a report (No. 549), which said bill and report were referred to Humphreys, Va.; to the Committee on Military Affairs. the Committee of the 'Vhole Hou ·e on the state of the Union. By 1\Ir. WINSLOW: A bill (H. R. 9813) to authorize aids to lie al o, from the same committee, to which was referred the navigation and for other works in the Lighthouse Service, and bill (H. n. 7426) creating a revolving fund of $30,000 for the for other purposes; to the Committee on Interstate and Foreign Rosebud Sioux Indians, reported the same without amendment, Commerce. .accompanied by a report (No. 550), which said bill and report By 1\Ir. SNYDER: A bill (H. R. 9814) amending the proviso were referred to the House Calendar. of the act approv-ed August 24, 1912, with reference to educa He also, from the same committee, to which was referred the tional leave to employees of the Indian Service; to the Com bill (H. R. 9383) to authorize the erection of a monument as a mittee on Indian Affairs. memorial to Indians of the Rosebud Reservation who lost their By l\lr. l\10NDELL: A bill (H. R. 9815) authorizing the con lives in the World War, reported the same without amendment, struction of an addition to the post-office building at Laramie, accompanied by a report .(No. 553), which said bill and report Wyo. ; to the Committee on Public Buildings and Grounds. were referred to the House Calendar. By 1\Ir. KIESS: A bill (H. R. 9816) to provide for the discon Mr. PARKER ·of New York, from the Committee on Inter tinuance of certain Oovernment publications and to establish state and Foreign Commerce, to which was referred the bill branches of the Government Printing Office; to the Committee ( S. 2199) to proYide for tlle marking of anchorage grounds in on Printing. waters of the United States, reported the same with an amend By Mr. CROWTHER: Joint resolution (H. J. Res. 2;J3) ment, accompanied by a report (No. 554), which said bill and making May 30 a . legal . holitlay; to the Committee on the report were referred to the Committee of the Whole House on Judiciary. the state of the Union. · 1\Ir. LEHLBACH, from the Committee on Reform in the Civil PRIVATE BILLS AND RESOLUTIO:NS. Sen·ice, to which was referred the bill ( S. 2802) to amend an act entitled "An act for the retirement of employees in the Under clause 1 of Rule XXII, private bills and re olutions classified civil service, and for other purposes," approved May were introduced and severally referred as follows: 22, 1920, reported the same without amendment, accompanied B y 1\Ir. BUTLER: A bill (H. R. 9817) to authorize a survey by. a report (No. 555), which said bill and report were referred of Essington Channel, Pa. ; to the Committee on RiYers and to the Committee of the Whole House on the state of the Union. Harbors. By Mr. CABLE: A bill (H. R. 9818) granting a pension to Ruth 1\I. Deardoff; to the Committee on Pension . REPORTS OF COMMITTEES ON PRIVATE BILLS .,LTD By 1\lr. CRAGO: A bill (H. R. 9819) granting a pension to RESOLUTIONS. Russell Dewalt; to the Committee on Pensions. Under clause 2 of Rule XIII, private bills and resolutions were By Mr. DEMPSEY: A bill (H. R. 9820) granting a pension to se\erally reported from committees, delivered to the Clerk, and Amelia C. States ; to the Committee on Invalid Pensions. referred to the Committee of the Whole House, as follows: By Mr. DYER: A bill (H. R. 9821) granting a pen.

By lUr. REECE: A bill (H. R. 11839) ~ranting a pension to disarmament and the reduction of the United States ~avy; to Ftank ·wentworth; to tire Connnittee on Pen iop.s. the Committee on Foreign Affairs. A.l ·o, a bill (H. R. '9840) granting an increase of ].)ension ·to 3457. .Also, petition of Geor·ge BOl'gfeldt & Co., of New York, Frank . ~!iller ; to the Committee on Pensions. N. Y., urging the pa sage of House bill172VO; to the Committee AI o, a bill (H. R. 9841) granting a pen ion to Walter W. on Patents. 'Vhite; to the Committe€ on Pensions. 3458. By Mr. LThvrH!GU)l: Petition of the Daughters of the .Also, a bill (H. R. 9842) granting an increase of pension to .American Re"Volution, of Baltimore and Chestertown, ~r~. re Lucinda Viles; to the Committee on Im·alid Pensions. questing support for House bill 6174; to the Committee on :\Iili- Also, a bill (H. R. 9843) granting an increase of pension to tary Affairs. · Jesse J. Renfro; to the Committee on Pensions. 3459. Also, petition of the Baltimore Federation of Labor, By !Ur. ROBSION: A bill (H. R_ 9844) granting an increase indor~ing that item of the tariff which would protect the print of pension to Darius N. Tidrow; to the Committee on Peru.ions. ing trades from eompetition of foreign C