JUNE 13~ 1914. . CONG-R)DSSIONAL RE.OOED-SENATE . . 10375
SENATE. MESSAGE FROM THE HOUSE . .A message from the House of Representatives, by J. C. South, SATURDAY, June 13, 1914. its Chief Clerk, announced that the Hou·se had passed the fol lowing bills : Tlle Senate met at 11 o'clock a. m. S. 55. An act for the relief of Daniel Hampton; The Chaplain, Uev. Forrest J. Prettyman, D. D., offered the S. 2069 . ..An act for the reimbursement of Jacob Wirth for follo~ing prayer : two horses lost while hired by the United States Geological Almighty God, we come before '.rllee and call upon Thy name Survey; in the performance of our highest duty, in .the exercise of our S. 2226. An act for the relief of Joel J. Parker; highest powers, and in the enjoyment of our highest privilege. S. 2576. An act for the relief of John Q. Adams; and For any plan of life that does not take Thee into accoupt is. not S. 2590. An act to reimburse Charles C. Crowell for h-.-o worthy of the powers that Thou bast given to us, and any months' extra pay in lieu of traveling expenses. expre sion of life tllat does not have Thy blessing can bring no The message also announced that · the House bad passed the blessing upon those for whom we labor. Grant this day the bill ( S. 4053) for the 1 elief of the .Atlantic Coast Line Rail:·oad light of Thy countenance upon our pathway that we may per Co., with an amendment, in which it requested the concurrence form Thy righteous will. Bring our lives into conformity to of the Senate. Thy plan that the activity of our lives may bring blessing to The message further announced that the House had passed those for whom we labor. For Christ's sake. Amen. the bill (S. 5147) to authorize and direct Col. George W. The VICE PRESIDENT. The Secretary will read the Jour Goethals, governor of the Canal Zone, and formerly chairman nal of the proceedings of the preceding session. and chief engineer of the Isthmian Canal Commission, to inYes l\Ir. JONES. Mr. President, there are just about a dozen tlgate certain claims of the l\IcClintic-l\Iarshall Construction • Senators present. If we are to meet at 11 o'clock, we ought to Co., with amendments, in which it requested the concurrence start with a quorum. I suggest the absence of a quorum. of the Senate. _ The VICE PRESJDENT. The Secretary will call the roll. The message also announced that the House had passed the The Secretary called the roll, and the following Senators an following bills, in which it requested the concurrence of the swered to their names : Senate: .Ashurst Culberson Lane Sheppard P R.13. An act for payment to the Chicago, Milwaukee & Borah Cummins McCumber Sherman St. Paul Railway Co. the $4,583.67 improperly collected under Brady Fletcher Martin, Va. Shlvely the act of August 5, 1909; Bristow Gotl' Myers Simmons Bryan Hollis Newlands Smoot H. R. 57. An act making an appropriation to M. C. Burke for Burton James Norris Sutherland tax liens held by him on property acquired by the United Catron Johnson O'Gorman Thornton States; Chamberlain Jones Overman Townsend Chilton Kenyon Page Warren H. R. 816. An act for the relief of Abraham Hoover ; Clapp Kern Saulsbury White H. R. 96.2. An act for the relief of William H. Shannon; Clarke, Ark. La Follette Shafroth H. R. 1182. An act for the relief of John Brodie; l\Ir. CHILTON. I wish to announce that the Senator from H. R. 1405. An act for the relief of Frank W. Tuck~r; New Mexico [1\Ir. FALL] is necessarily absent from the Senate, H. R. 1580. An act for the relief of John R. Norris; and that he is paired with me. H. R. 2696. An act for the relief of Thomas Haycock; The VICE PRESIDENT. Forty~three Senators have an H. R. 3278 . .An act for the rP.lief of Thomas R. Mawn; swered to the roll call. There is not a quorum. The Secretary H. R. 5079. An act for the. 1·elief of Mary Abel ; will call the names of the absentees. H. R. 5195. An act for the relief o! the Atlantic Canning Co.; The Secretary called the names of the absent Senators, and H. R. 5474. An act for the relief of Patrick McGee, alias Pat~ Mr. PERKINS, Mr. RANSDELL, l\Ir. RoBINSON, l\Ir. STERLING, Mr. rick Gallagher ; SWANSON, l\Ir. THOMAS, and l\fr. TILLMAN answered to their H. R. 5966. An act for the relief of Clyde Odum; names when call~d. H. R. 6609. An act for the relief of Arthur ~. Rump; Mr. l\IYERS. I desire to make the announcement that my H. R. 7049. An act to reimburse the Port Angeles City Dock colleague [Mr. WALSH] is necessarily absf:-nt . from the city on Co. for damage done to the dock of that company by the United bnsineEs. States re\enue cutter Snohomish; 1\Ir. WHITE. I wish to announce that my colleague [Mr. H. R. 7205. An act to correct the military record of H. S. BANKHEAD] is necessarily absent from the Chamber this morning. Hathaway; · Mr. CHAMBERLAiN. I 3m advised that the Senator from H. R. 7327. An act for the relief of Charles L. Hill; South Carolina [Mr. SMITH] is unavoidably detained by official H. R. 9270. An act for the relief of John l\1. Gray; business. H. R. 9335. An act for the relief of James H. Kelly; Mr. SMOOT. I desire to announce the unavoidable absence H. R. 9362. An act for the relief of R. B. Whitacre & Co. ; of the senior Senator from New Hampshire [Mr. GALLINGERl. H. R. 9615. An act for the relief of Benjamin F. Richardson; The VICE PRESIDENT. Fifty Senators have answered to H. R. 9703. An act for the relief of Thomas S. Johnson; the roll call. There is a quorum present. The Secretary will H. R. 9975. An act for tt.a relief of Bayard T. Garrabrant; read the Journal of the proceedings of the preceding session. H. R.10168. An act for the relief of Leon Greenbaum; The Journal of yesterday's proceedings was read and ap H. R.10271. An act for the relief of Edward ·whiteside; proved. H. R. 10719 . .An act for the relief of Joseph P. Leiter; H. R. 10875. An act authorizing the Secretary of the Interior FINDINGS OF THE COURT OF CLAIMS. to pay J. H. Schmidt $75 damages for trespass of certain In dian school cattle at Rainy Mountain School in Oklahoma ; The VICE PRESIDENT Jaid before the Senate a communica H. R. 11840. An act for the relief of R. G. Arrington; tion from the assistant clerk of the Court of Claims, transmit H. R.12681. An act for the relief of W. W. Wall; . ting certified copies of the findings of fact and conclusions filed H. R. 12780. An act to provide for the payment of the claim of by the court in the following causes: J. 0. Modisette for services performed for the Chickasaw In Emma .Alexander. in her own right and as administratrix of dians of Oklahoma; estates of Jennie .Alexander, deceased, and of Charlie Alex H. R.12826. An act to reinstate Francis Graves Bonham as a ander, deceased; Dora Alexander Miller, and Fannie .Alexander cadet at the United States Military Academy; King, v. United States (S. Doc. 'No. 499) ; H. R. 12844. An act for the relief of Spencer Roberts, a mem The Christian Church of Suffolk, Va., v. United States (S. ber of the Metropolitan police force of the District of Columbia; Doc. No. 500) ; H. R. 13693. An act for the relief of the legal representatives Spencer Gordon, administrator of the estate of George and heirs of Elizabeth Bruce, deceased, widow of the late John ~Wright, v. United States (S. Doc. No. 501); H. Bruce; The Christian Church of Stanford, Ky., v. United States H. R.13698. An act to correct the military record of Charles (S. Doc. No. 502); A. Coulson; The County of Barry, State of Missouri, v. United States (S. H. R. 13950. An act for the relief of Ella Slone; Doc. No. 503); and H. R. 14167. An act for the relief of Emily J. Byrd; The Langley Methodist Episcopal Church, of Langley, Va., v. H. R.14404. An act for the relief of E. F . .Anderson; United States (S. Doc. No. 504). H. R. 14405. An act for the relief of C. F. Jackson; The foregoing findings were, with the accompanying papers, H. R. 14609. An act for the relief of Cynthu Ramey; referred to the Committee on Claims and ordered to be printed. H. R. 14925. An act for the retirement of H. R. Drake ;
LI-654: 10376 CONGRESSIONAL RECORD-SENATE. JUNE 13,
H. R. 1 GOG5 . .An act for the relief of Julia Klnvinski; duties. and for other purposes, and I submit a report (No. 597)' R. H. 10192. An act to authorize the issuance of pntent to thereon. R achel E. Dangerfield Boast for the southeast quarter of section The action of the Senate committee substitutes for the House 21 a ud the northenst quarter of section 23, township 1 south, bill the provisions of the Senate bill recently reported regarding range 57 west of the sixth principal meridian; and a Federal trade commission. We have added se,eral provisions H. R.1G358. An act for the relief of Abraham Kauffman. to the Senate bi11 which will enlarge the sphere of the trade ENROLLED BILLS SIGNED. commission's power and usefulness. among them the power, after hearing, to prevent unfair competition by order enforceable The message also announced that the Speaker of the House in the courts, also to im·estigate and report upon foreign trada had sjgned the following enrolled bills, and they were there- practices which interfere with the fnir marketing of American upon signed by the Vice Pre. ident: . products,._ and also to investigate and report upon combinations H. R. 14189. An act to authorize tile construction of a bridge between foreign and American producers for the contt·ol of acros the Missouri Rh·er nea r Kansns City; and prices. These powers, in addition to those previonRiy provided II. R. 14385. An act to amend section 5 of "An act to pro for in the Sen:tte bill, co,ering investigation and report from vide for the opening, maintenance, protection, and operation of such corporations as the trade co~mission may designate, pub the Pana ma Cnnnl and the the sanitntion and government of licity, aid to the courts and to the Attorney General in framing the Canal Zone," appro\ ed August 24, 1012. and enforcing decrees dis ·olving corporations. if wisely exer PETITIONS AND MEMORIALS. cised, will make the trade commission as useful and effective in building up a system of administrntive law regarding traue Mr. WARREN presented petitions of sundry citizens of as the Interstate Commerce Commission has been in matters Wyoming, praying for the adoption of an amendmen~ to the of transportation. Constitution to prohibit the manufacture, sule, and Importa Such a commission has been long needed, and if it had been • tion of intoxicating be\erages, which were referred to the pro\ided for when the antitrust act was passed the trust ques Committee on the Judiciary. tion would by this time have been as near to satisfactory solu Mr. KERN presented telegrams in the nature of memorials tion :md eqnitrtble adiustment as is the transportation question. of the Indiana Veterinarian Medical Associntion, of Indian The action of the Senllte Committee on Interstate Commerce apolis; F. A. Bol er, of New Castle; I... 1\1. Peterson nnd 0. U. was tiloroughly nonpartisan, prominent members of the Re Chenoweth. of Otter bein; of the board of trustees of the Reid publican Party having participated acti\ely in the perfection Memorial Hospital, of Richmond; and of the Wayne County of the bill. I think it is fair to say that a majority of the Medical Society, of Richmond, nil in the State of Indinna. re Republicnn members of the committee will support the bill. monstrating agninst the enactment of legislation to prohibit I see no reason why this bill should excite much discnssion the dispensing and distribution of narcotic drugs by physicians, or why its pa~age should be long delayed. A measure of this dentists, and veterinarians, which were ordered to lie on the kind has been discussed for yenrs in the Sennte. and the Senate table. is familiar with the subject. It has been discus ed throughout l\lr. BRANDEGEE presented a petition of Local Branch No. the country. A poll of the boards of trade inaugurated by the 207. N:-~tional Association of Ci\il Senice Employees., of Hart National Chamber of Commerce resulted in almost a unanimous ford, Conn., prnying for the enactment of legislntion to pro \ote for a trnde commission. and in the House the bill for a vide for the retil·ement of superannuated cinl-service employees, trade commission was adopted by an almost nnanimons vote. which was refeiTed to the CommHtee on Civil Service and The country desires such a measure. Had such a commission Retrenchment. been organized contemporaneously with the pnssage of the He also presented a memorial of the Central Labor Union of Sherman antitrust law, the conflicting questions relating to Daubmy, Conn., remonstrating against the adoption of an trusts, monopoly, nnd unfair competition would have been a~ amendment to the Constitution to prohibit the manufacture. thoroughly settled by this time as hu >e been the questions re sale. and importntion of intoxicating be\erages, which was lnting to transportation through the action of the Interstate referred to tile Committee on the Judiciary. Commerce Commission. He nlso preRented n petition of Charles L. Burdett Camp, No. The need h of business, but it is merely temporary. The legislation which tlons to any individual, association, or partnership, and to make copies of the same. the Interstate Commerce Committee has in hand. I am sure, (c) To prescribe as rrear as may be a uniform system of annual re will not tend to increase in any degree the state of mind which ports from such corporations or classes of corporations subject to the seems to now exist, but, on the contrary, will relieve that state provisions of this act, as the commission may designate, and to fix the time for the filing of such reports, and to require such reports. or any of mind. I believe that this legislation will not only gi\e assur special report, to be made under oath, or otherwise in the discretion ance to business and trade but also to the railroads themseJ\eS, of the commission. and that the result will be to place all of their securities upon a (d) To make public, in the discretion of the commission, any in formation obtained by it in the exercise of the powers, authority, and higher plane in the public estimation. duties conferred upon it by th1s act, except so far as may be necessary I wisp. to state that at an early moment I shall ask for the to protect trade processes, names of customers, and such othPr mntters as the commission may deem not to be of public importance, and to consideration of the bill for a Federa 1 trade commission. make annual and special reports to the Congress and to submit there I ask that the Senate substitute, as reported by the Interstate with recommendations for additional legislation. Commerce Committee, be printed in the REcoRD. (e) In any suit in equity brought by or under the direction of the Attorney General as provided in the antitrust acts if the court finds The VICE PRESIDENT. Without objection, it is so ordered. for the complainant it may, upon its own motion or tbe motion of any The substitute referred to is as follows: party to such suit, refer the matter of the form of the decree to be entered to the commission as a master in chancery; whereupon the A commission is hereby created and established, to be known as the commission shall proceed in that capacity upon such notice to the Federal trade commission, composed of five memb('rs, not more than parties and upon such hearing as the conrt may prescribe, and shall three of whom shall be members of the same political party, and the as speedily as practicable make report with its findings to the court, said Federal trade commission is referred to hereinafter as ·• the com which report and findings having been made and filed shall be subject mission." to the judicial procedure established for the consideration and disposi The words defined in this section shall have the following meaning tion of a master's report and findings in equity cases. when found in this act, to wit: (f) Wherever a restraining order or an interlocutory or final decree " Commerce " means such commerce as Congress has the power to has heretofore been entered or shall hereafter be entered against any regulate under the Constitution. defendant or defendants in any suit brought by the United States to The term "corporation" ot· "corporations ' shall include joint-stock prevent and restrain any violation of the antitrust acts, the commission associations and all other associations having shares of capital or capi shall have power, and it shall be its duty, upon the application of the tal stock. organized to carry on business for profit. Attorney General, to make investigation of the manner in which the "Antitrust acts" means the act entitled "An act to protect trade and order or decree bas been or is being carried out, and as to whether the commerce against unlawful restraints and monopolies," approved July same has been or is being violated and what, if any, further order, 2, 1890; also sections 73 to 77, inclusive, of an act entltled "An act decree, or relief is advisable. It shall transmit to the Attorney General to reduce taxation, to provide t·evenues for the Government, and for a report embodying its findings as a result of any such investigation other purposes," approved August 27, 1894; and also the act entitled with such recommendations for further action as it may deem ad "An act to amend sections 73 and 76 of the act of August 27, 1894, ~~:~essi~~~ the report shall be made public in the discretion of the entitled 'An act to reduce taxation, to provide revenue for the Govern ment, and for other purposes.' " approved February 12, 1913. (g) If the commission believes rrom its inquiries and investigations, SEc. 2. Upon the organization of the commission, the Bureau of Cor instituted upon its own initiative or at the suggestion of the PresidPnt. porations and the c.ffices of Commissioner and Deputy Commissioner of the Attorney General, or either House of Congress, that any cot·pora Corporations shall cease to exist, and the employees of said bureau shall tion, individual, association, or partnership bas violated any law of become employees of the commission in such capacity as it may designate. the United States regulating commerce, it shall report its findings and The commission shall take over all the records, furniture, and equip the evidence in relation thereto to the Attorney General with its ment of said bureau. Air work and proceedings pending before the recommendations. bureau may be continued by the commission free from the direction or For the purpose of prosecuting any investigation or proceeding au control of the Secretary of Commerce. All appropriations heretofore thorized by this section the commission, or its duly authorized agent made for the support and maintPnance of the bureau and its work are or agents, shall at all reasonable times have access to, for the purpose hereby authorized to be expended by the commission for said purposes. of examination, and the right to copy any documents or writings of Any commissioner may be removed by the President for inefficiency, any corporation being investigated or proceeded against. neglect of duty, or malfeasance in office. A vacancy in the commission (h) The commission is hereby directed to im·estigate, as expe • shall not impair the right of the remaining commissioners to exercise ditiously as may be, trade conditions in foreign countries where asso all the powers of the commission. ciations, combinations, or practices of buyers,. dealers, or traders may The commissioners shall be appointed by the President, by and with injuriously affect the export trade of the United States. and al~;:o to the advice and consent of the Senate. The terms of office of the com investigate whether American exporters have combined with each other missioners shall be seven years each. The tet·ms of those first appointed or with foreign producers or d<.>alers to control prices abroad. and to by the President shall date from the taking effect of this act, and shall report to Congress thereon from time to time. be as follows : SEC. 4. The powers and jurisdiction herein conferred upon the com One shall be appointed for l\ term of three years, one for a term of mission shall extend over all trade associations, corporate combinations, four years, one for a term of five years, one for a term of six years, and corporations as hereinbefore defined engaged in or affecting com and one for a term of seTen years ; and after said commissioners shall merce, except banks and coremon carriers. have been so first appointed all appointments, except to fill vacancies, SEc. 5. That unfair competition in commerce is hereby declared un shall be for terms of seven years each. The commission shall elect lawful. one of its members chairman for such period as it may determine. The The commission is hereby empowered and dil'ected to prevent corpo commission shall elect n secretary and may elect an assistant secre rations from using unfair methods of competition in commet·ce. tary. Said secretary and assistant secretary shall hold their offices Whenever the commission shall have reason to believe that any cor or connection with the commission at the pleasure of the commission. poration bas been or is using any unfair method of competition in Each commissioner shall receive a salary of $10,000 per annum. The commerce, it shall issue and serve UJ?On such corporation a wntten ordet·. secretary of the commission shall receive a salary of $5.000 per annum. at least 30 days in advance of the t1me set therein for hearing, directin~ The assistant secretary shall receive a salary of $4,000 per annum. it to appear beforf' the commission and show cause why an order shall In case of a vacancy in the office of any commissioner during his term, not be issued by the commission restraining and prohibiting it from an appointment shall be made by the President, by and with the ad using such method of competition, and if upon such hearing the com vice and consent of the Senate, to till such vacancy for the unexpired mission shall find that the method of competition in question is pro term. The office of the commission shall be in the city of Washington, hibited by this · act it shall thereupon issue an order restraining and but the commission may, at its pleasure, meet and exercise all its prohibiting the use of the same. The commission may at any time powers at any other place, and may authorize one or more of its mem modify or set aside, in whole or in part, any order issued by it undei' bers to prosecute any investi~atlon, and for the purposes thereof to this net. exercise the powers herein given the commission. Whenever the commission, after the issuance of such order. shall find The commission shall have such attorneys, accountants, experts, ex that such corporation has not complied therewith, the commission may aminers, special agents, and other employees as may, from time to time, petition the district court of the United States, within any district be appropriated for by Congress, and shall have authority to audit their where the method in question was used or where such cor·poration is bills and fix theh· compensation. With the exception of the secretary located or carries on business, praying the court to issue an injunction and assistant secretary and one clerk to .each of the commissioners, and to enforce such order of the commission ; and the court is hereby such attorneys and experts as may be employed, all employees of the authorized to issue such injunction. commission shall be a part of the classified civil service. The commis SEc. 6. That if any corporation subject to this act shall fall to file sion shall also have the power to adopt a seal, which shall l>e judicially any annual or special report, as provided in subdivision (b) of section noticed, and to rent suitable rooms for the conduct of its work. 3 thereof, within the time fixed by the commission for filing the same, All tile expenses of the commission, including all necessary expenses and such failure shall continue for 30 days after notice of such default, for transportation incurred by thE: commissioners or by their employees the corporation shall forfeit to the United States the sum of $lOu for under their orders in making any investigation or upon official busi each and every day of the continuance of such failure, which forfeiture ness in any other place than in the city of Washington, shall be allowed shall be payable into the 'l'reasury of the United States, and shall be and paid on the -~-esentation of itemized vouchers therefor, approved recoverable in a civil suit in the name of the United States brought in by the commission. the district where the corporation has its principal office or in any The Auditor for the State and Other Departments shall receive and district in which it shall do business. It shall be the duty of the vari examine all accounts of expenditures of the commisRion. ous district attorneys, under the direction of the Attorney General of Witnesses summoned b~fore the commission shall be paid the same the United States, to prosecute for the recovery of forfeitures. The tete;te~~d mileage that a1·e paid witnesses in the courts of the United costs and expenses of such prosecution shall be paid out of the appro priation for the expenses of the courts of the United States. SEc. 3. The commission shnll have power among otbers- SEC. 7. Any person who shall willfully destroy, alter, mutilate, or (a) To investigate from time to time, and as often as the commis remove out of the jurisdiction of the United States or authorize, assist sion may deem advisable, the organization, business, financial condi in, or be privy to the willful destruction alteration, mutilation. or tion, conduct, practice5:, and mann~ement of any corporation engaged removal out of the jurisdiction of the United States of any book, letter, in commerce and its relation to other corporations and to individuals, paper, or document containing an entry or memorandum relating to associations, and partnerships. commerce, the production of which the commission may require under (b) To require any corporation subject to tbe provisions of this this act, or who shall -willfully make any false entry relating to com act which the commission may designate to furnish to the commission merce in any book of accounts or record of any trade association, corpo :from time to time information, statements, and records concerning its rate combination, or corporation, subject to the provisions of this act, organization, business, financial condition, conduct, practices, manage or who shall willfully make or furnish to said commission or to its ·ment, and relation to other corporations, or to individuals, associa agent any false statement, return, or record, knowing the same to tions, or pnrtnershlps, and to requh·e the production for examination be false in any material particular, shall be deemed ~ullty of a mis of all books, documents, correspondence, contracts, memoranda, or demeanor, and upon conviction thereof shall be punished by a fine of other papers relating to or in any way affecting the commerce in not exceeding $5,000 or by imprisonment not exceeding one year. or which such corporation under inquiry is engaged or concerning its rela- by both said punishments, in the discretion of the court: 10378 CONGRESSIONAL RECORD-SENATE. JUNE 13, Any employee of the commission who divulges any fact or Jnforma tion which may com~ to his knowledge during the course of his P.m The VICE PRESIDEXT. Without objection, that action will ployment by the commission, except in so far· as It bas been made public be taken. by the commi!"slon, or as be may be directed by the commission or by a. comt, shall be deemed gnilty of a misdemeanor. and uoon conviction HOUSE DILLS REFERRED. thereof shall be punished by a floe not E'XCe-t>dlng .;5.000, or by Im prisonment not exceeding one year, or by both said punishments, in the The following bills were se,·erallv rmd twice by their titles discretion of the com·t. and referred to the Committee on Claims: SEC. 8. The commission shall have and exercise the powers possesspd H. R. 13. An act for payment to the Chkago, Milwnukpe & by the Interstate Commerce Commission to subprena and compel the attendance and testimony of witne ·ses and the production of evidence, St. Paul Rnilway Co. tlJe $4,583.67 improperly collecteJ under and to admlnister oaths. All the powers, requh·ements, obli::-ations, the ac·t of August 5, 1009; liabilities. and immunitiPs imposed or confPtTf:'d bv the art to regulate H. R. 57. An act making an appropriation to l\I. C. Burke for commerce. as amended in relation to testimony bf:'fore the IntPrstate Commer·ce Commission, shall apply to witnesses, testimony, and evidence tnx :iens held by him on property acquired by the United before the commission. States; SEc. 9. The district courts of the United States. upon the application H. R. 1182. An act for the relief of John Brodie; of the comrnis ion alleglnA' a failure by any corpor·atlon. or b.v any of its officers ot· Pmplon>Ps. or by any witness. to comply with any ordPr of H. R. 1405. .An act for the relief of Frank W. Tneker; the commiRS!on for· the furni bing of information, shall have jm·isdic H. R. 2G!l6. An act for the relief of Thomas Huycock; tion to issue such writs, ordf:'I'S. or otber process 11s may be neceRSary H. R. 3278. An act for the relief of Thomas R. Mason; to enforce any order of the commission and to punish the disobedience thereof. H. 71. 507D. An act for the relief of l\Iftry Abel; SEc. 10. Tbe several depnrtments a.nd bureaus of the Government, H. R. 5"i95. An act for the relief of the Atl:tntic Canning Co.;· when directed by the Presid~nt, shall furni!"b the commission; upon H. R. 5066. An act for the relief of CJ_-vde Oclum; its request, all rec01'ds. papers. and infot·mation in their possession relating to any trade association. corp01·ate combination, or corpora H. R. 6fi09. An act for the relief of .Arthur E. nnmp; tion. subject to any of the provisions of this act. · H. R. 7049. An act to reimburse the Port An"'elf's City Dock Amend the title so as to read: "An act to create a Feder-al trade Co. for damage done to the do(·k of that company by the United eommission. to define Its powers and duties, and for other purpos~s." Stit tes re,·enue cutter Snohomish; The VICE PRESIDEXT. The bill will be placed on the calendar. H. R. 0362. An act for the relief of R. B. Whitacre & Co. ; H. R 9703. An act for the relief of Thomas S. Jollnson; DILLS AND JOINT RESOLUTION INTRODUCED. H. n. 9975. An act for the relief of Bayard T. Garrabrant; Bills and a joint resolution were introduced, read the first H. R. 1010~. An net for the relief of Leon Greenbaum; time. and. by unanimous consent, the second time, and re!erred H. R. 12081. An act for the relief of W. W. Wall; ns follows: H. R. 13693. An act for the relief of the legal repref:entativet By Mr. S.A l:TLSBURY: and heirs of Elizabeth Bruce, deceased, widow of the late JollA A bill ( S. 5345) to provide a government for the Territory of H. Pruce; Po1·to Hico; to the Committee on Pacific Islands and Porto Rico. H. R. 13!)50. An act for the relief of Ell::t Slone; By Mr. MYERS: H. R. 141G7. An act for the relief of Emily J. Byrd; A bill (S. 5846) to amend the United States land laws in their H. H. 14G09. An act for the relief of Cyntllu Itnrney; and applietttion to A Iaska, and for other purpo~es; and H. R. 1C065. .An act for the relief of Julia Kla ,-inski. A bill (S. 5S4i) to authorize the Secretary of the Trensury The following bill were se•ernJJy re ~lfl twice by their titles to convey to the city of Bozem:m. :\Iopt., cel·tain land for alley and referred to the CommitteE' on l\filitar:v Affnirs: lJUrposes; to tlJe C~mmittee on Public Lands. H. R. 816. An act for the relief of .~braham HooYer; A bill ( S. 5848) for thE:; relief of John F. Niklaus; and H. H. 9H2. Au act for the relief of W1lliam H . Sh There being no objection, the Senate, as in Committee of the ngree to the same with an amendment as follows: In Hen of Whole, proceeded to consider the joint resolution, which was Senate amendment insert the following: ''June 30, 1917 "; and the Senate agree to the same. read, as follows: Under authority of the House granted to change totals not in Resolved, etr., That for procuring fitle to lund at Cape Henry, in the State of Virginia, for works for fortification and coast-defense purposes, conference, the committee on conference amended the bill as there is hereby appropriated, out of any money in the Treasur~ not fo1lows : Page 20 of the bill, line 21, strike out " $170,000 " and in otherwise appropriated the sum of $31,000, the same to be immedintely lieu thereof insert "$180,000"; and the Senate agree to the availnble and to remain available until expended, to complete the pay ment of awards in condE-mnation proceedings prosecuted by the War same. Department for the acquisition of land at Cape Henry, Va. Amendment numbered 31: That the House recede from its dis The joint resolntion was reported to the Senate without agreement to the amendment of the Senate numbered 31, and amendment, ordered to be engrossed for a third reading-, read agree to the same with an amendment as follows: Strike out the words "to be immediately available"; and the Senate agree the third time, and passed. to the snme. M~SSAGE FROM THE HOUSE. Amendment numbered 35: That the House recede from its dis A messao-e from the House of Representatives, by J. C. South. agreement to the amendment of the Senate numbered 35, and its Chief Clerk, anuonuced that the House disagrees to the agree to the same with an amendment as follows: Strike out report of the committee of conference on the disagreeing Yotes Senate amendment and in lieu thereof insert the following: of the two Houses on the amendments of the Senate to the bill "Naval Proving Ground, Indianhead, 1\ld.: Toward extension of {H. R. 10523) making appropriations to provide for the ex powder factory (cost not to exceed $500,000), $200,000 " ; and penses of the Go\'ernment of the District of Columbia for the the Senate agree to the same. fiscal year ending June 30, 1915, and for other purposes. Amendment numbered 36: That the Honse recede from its The message also announced that the House further insists disagreement to the amendment of the Senate numbered 36, and upon its disagreement to the amendments of the Senate to the agree to the same with an amendment as follows: In · said bill (H. R. 10523) making appropriations to proYide for the amendment strike out the following: " for fuel-oil storage, at ex11enses of the government of the District of Columbia for the some point accessible to the oil fields of Texas and Oklahoma, fiscal year ending June 30. 1915. and for other purposes, asks a to be determined by the Secretary of the Navy, $150,000 "; and further conJerence with the Senate on the disag1·eeing votes of the Senate agree to the same. the two Houses thereon, and had appointed l\1r. PAGE of North Amendment numbered 37: That the House recede from its Carolina, Mr. SissoN, and Mr. DAVIS managers at the further disagreement to the amendment of the Senate numbered 37. and conference on the part of the House. agree to the same with an amendment as fo11ows: In said amendment strike out the words "to be aTailable until ex DISTRICT OF COLUMBIA APPROPRIATIONS. pended"; and the Senate agree to the same. The VIC]} PRESIDEXT laid before the Senate the action of Amendment numbered 38: '.fhat the House recede from its the House of ReprE-sentatives disagreeing to the report of the disagreement to the amendment of the Senate numbered 38, and committee of conference on the disagreeing votes of the two agree to the same with an amendment as follows: Line 7 of Houses on the amendments of the Senate to the bill (H. R. st~id amendment, strike out" $150.000" and insert in lieu thereof 10523) making appropriations to provide for the expenses of "$75.000"; and the Senate agree to the same. the Government of the District of Columbia for the fiscal year Amendment numbered 45: That the House recede from its ending June 30~ 1915, and for other purposes, and further in disagreement to the amendment of the Senate numbered 45, and sisting upon its disagreement to the amendments of the Senate agree to the same with an amendment as follows: In line 2 of to the bill and requesting a further conference with the Senate said amendment, after the word "men," insert the following: on the disagreeing votes of the two Houses thereon. "of the Navy and Marine Corps.,; and the Senate agree to the 1\lr. l\IARTIN of Virginia. I move that the Senate further same. insist upon its amendments, agree to the fw·ther conference Amendment numbered 59: That the House recede from its asked for by the House, the conferees on the part of the Senate disagreement to the amendment of the Senate numbered 50, and to the appointed by the Chair. agree to the same with an amendment as follows: Strike out Tlle motion was .... greed to; and the Vice President appointed said amendment and in lieu there-of insert the following: Mr. SMITH of Maryland, Mr. LEA of Tennessee, and Mr. GAL "Hereafter there shall be charged ag-ainst the several appro LINGER managers at the conference on the part of the Senate. priations for the support of the Naval Establishment the over NAVAL APPROPRIATIONS. head charges incident to upkeep and to industrial work at navy I submit the conference report on the naval yards and stations. The total sum so charged shall be distrib Mr. TILLMAN. uted in accordance with the work done in the various yards and uppropriation bill. I ask that it may be printed and that it lie I giYe notice I shall call it up on Monday stations in order that the cost of work may be determined." on the table, and And the Senate agree to the same. , morning. The VICE PRESIDENT. Without objection, that action will Amendment numbered 67: That the House recede from its disagreement to the amendment of the Senate numbered 67, and be taken. agree to the same with an amendment as follows: Strike out The conference report is as follows: sa.id amendment and in lieu thereof insert the following: CONFERENCE REPORT (S. DOC, NO. 496)". • "A committee is hereby appointed, to consist of the chairman The committee of conference on the disagreeing votes of the of the Committee on Naval Affairs of the Senate and the chair two Houses on the amendments of the Senate to the bill (H. R. man of the Committee on Naval Affairs of the House of Repre 14034) making appropriations for the naval service for the sentatives, and one naval officer to be selected by the Secretru·y :fiscal year ending June 30, 1915. and for other purposes, having of the Navy, to investigate and report at the next regular ses met, after fuJI and free conference have agreed to recommend sion of Congress upon the cost of erection of an armor plant and do recommend to their respective Houses as follows: to enable the United States to manufacture its own armor That the Senate recede from its amendments numbered 6, 14, plate and special-treatment steel. capable of standing all bal 15, 16, 42, 43. 44, 50, 54, 66, 70, 72. listic and other necessary tests required for use in vessels of That the House recede from its disagreement to the amend the Navy, at the lowest po sible cost to the Government, taking ments of the Senate numbered 1, 2, 3. 4, 7, 8, 9, 10, 11, 13, 18, 19, into considerution all of the elements necessary for the econom 20, 21. 22, 23, 24, 25, 26, 27, 30. 32, 39, 41, 46, 47, 48, 49, 51, ical and successful operation of such a plant. Said report shall 52, 55, 56, 58, 60, 61, 62, 6~. and agree to the same. . contain the estimated cost of a plant and site sufficient to Nc Amendment numbered 5: 'l'hat the House recede from its commodate a plant having an annual output capacity of 20,000 disagreement to the amendment of the Senate numbered 5. and tons, and also a plant having an output of 10.000 tons, and also agree to the same with an amendment as follows: In line 2 an itemized statement of the estimated cost of the necessary of said amendment, after the word ''only,'"' insert the following: bt:ildings~ machinery, and accessories for each,· anJ. the esti "and officers of the Construction Corps"; and the Senate agree mated annual cost and maintenance of each, and the estimated to the same. cost o! the finished product. Amendment numbered 12: That the House recede from its "Said committee is authorized t~ sit during the recess of Con disagreement to the amendnlent of the Senate numbered 12, and gress, to send for persons and papers, and to administer oaths. agree to the same with an amendment as follows: In line 7 of. "The sum of $5.000 is hereby appropriated. out of any money said amendment, after the word "officers,'' insert the following: in the Treasury not otherwise appropriated, to pay the expenses "not exceeding five"; and the Senate agree to the same. of said committee, payable upon vouchers signed by the chair Amendment numbered 17: That the House recede from its man of saiU. committee." disagreement to the amendment of the Senate numbered 17, and And the Senate agree to the same. 10380 CONGRESSIONAL RECORD-SENATE. JUNE 13, On the amendments of the Senate numbered 28, 29, 33, 34, 40, 53, 57, 63, 64. 65. 68, and 71 the committee of conference have llfr. KENYON. .My judgment is that there were not 15 ·uem been unable to agree. bers of the Senate present. .Mr. CLARKE of Arkansas. There would be a difference of B. R. TILLMAN, opinion about that, if it were now material. CLAUDE A. SWANSON, Mr. KENYON. l\fy 011inion as to that is not as good as that GEO. c. PERKINS, of the Chair, of course. Managers on the part of the Senate. Mr. CLARKE of Arkansas. I am not seeking to obtain any L. P. PADGETT, precedence. for my opinion when compared with that of any J. FRED. C. TALBOTT; other Senator; but it seemed at the time that there was so little THOMAS s. BUTLER, support for the demand for the yeas and nays which the Senator Managers on the part of the House. from Iowa made it was not worth while to submit the de mand a second time, unless the Chair felt compelled to do so TBANSPORTATIO~ OF PARCEL-POST PACKAGES. by the obligatory terms of some existing ruJe or precedent hav The VICE PRESIDENT. The Chair lays before the Senate ing the force of a rule. I was quite willing, as presiding officer, the following resolution coming over from a preceding day. to do whatever the rules of the Senate required should be done, The SECRETARY. Senate resolution 3G3, submitted by Mr. because I had no wish in the matter that was not in accord SMITH of Georgia on l\Iay 24. ance with the desire of the Senate; and when the Senator a . The "VICE PRESIDE~T. The resolution will go over with second time called for the yeas and nays it occurred to the out prejudice for one week, until Saturday, June 20. The morn Chair that it was a proper case in which to strictly adhere to ing business is closed. whatever ruie existed; and if there was no rule directing that LEGISLATIVE, ETC., A.PPBOPRIA.TIO -s. course to be pursued, it was proper. in the exercise of such Mr.·l\IARTIN of Virginia. I ask unanimous consent that the discretion as the Chair had, to deny the second request. Senate re-sume the consideration of the legislative, executive, Besides, the Senator called for the yeas and nays again after and judicial appropriation bill. the vote bad been taken by the voice. That, of course, could The VICE PRESIDENT. Is there objection? not be done if the first denial was valid, for the reason that There being no objection, the Senate, as in Committee of the that was the very question upon which it was desired to take Whole, resnmed the consideration of the bill (H. R. 15279) a recorded vote of the Senate, and it could not alter the rule making appropriations for the legislative, executive, and· judicial because there was doubt about the result on the vote in the expenses of the Government for the fiscal year ending June 30, mind of the Senator from Iowa, or have the effect that be 1915, and for other purposes. should have his pri,·ilege in respect to that matter enlarged. l\Ir. MARTIN of Virginia. Mr. President, before resuming I do not regard the instance poil;lted out by the Senator as a the reading of the bill. I desire to return to page 60 and to ask precedent for the second request made by him, for thE: reason the Senate to reconside1· the action by which an amendment of that the question was not raised; it passed nemine contradicente, the committee, in line 8, was disagreed to. I consented that and we all know that many things are done when not challengecl that amendment should be disagreed to, but on investigation I that would be deemed improper when chal1enged. find I was in error about it. It is simply a question between This will be about the only explanation I have to make at using the plural and the singular of the word "building." this time. The VICE PRESID ·~~T. The question is on the motion of 1\fr. KENYON. I realize that the Senator from Arkansas the Senator from Virginia to reconsider the vote by whlch the knows a great deal more about it than I do, but if at the time amendment was rejected. of the first call for the yeas and nays there was no quorum The motion to reconsider was agreed to. present, as the RECORD a moment after disclor~d, how could The VICE PRESIDENT. The question now is on agreeing to that call be binding or operative? the amendment reported by the committee. 1\Ir. CLARKE of Arkansas. The Senator from Arkansas does The amendment was agreed to. not agree with the Senator from Iowa about the presence of a l\Ir. KE~ TYON. :Mr. President, I should like to call the at quorum. The word ·• presence" is rather an elastic one. It tention of the Senator from Arkansas [l\Ir. CLARKE], the Presi has come under construction many times in the courts. For in dent pro tempore of the Senate, to a ruling made by him yes stance, when a judge temporarily steps aside and puts some terday while he was occupying the chair. body in charge of the court, if he is within call, near enough to 1\lr. CLARKE of Arkansas. To what page of the RECORD be consulted in any emergency that may arise, the cou.-ts have does the Senator refer? universally held that he is present. I think it many time hap l\lr. KENYON. I refer to page 10302. The Senator will re pens that Senators are sitting on the benches outside of their member the situation. I called for the yeas and nays. The seats and sometimes in the cloak room, who, for all practical Chair held-the distinguished Senator from Arkansas then be purposes, are present; and it would. not do to require that the ing in the chair-that the showing was not sufficient. I then validity of all our proceedings here should depend upon a ma a keel for a quorum :tnd the roll was called. After securing a jority of Senators being actually in their seats at the time any quorum I asked again for the yeas and nays, but the Chair given action takes place. held that that was out of order. At that time the Chair asked me if I had any precedent for the position taken by me. 1 Mr. K&~YON. I simply called attention to iUs matter in find that on the 21st day of May an exactly similar question order 'hat those of us wLo are not familiar with parliamentary law may understand that the wise thing to do is to call for a arose. The Senator from North Dakota [1\fr. McCuMBER] quorum before we call for the yeas and nays. called for the yeas and nays ; they were not ordered ; he asked The reading of the bill was resumed and continued to the for a division, and there were-ayes 16, noes 8. He then called· end of line 12, page 73, as follows: for a quorum, and after securing a quorum he again called for the yeas and nays, and they were ordered. So I think the rul OOVER~.IIIENT IN THE TERRITO:::ES. ing of the Chair yesterday should not go as the precedent of Territot·y of Alaska: Governor, $7,000; 4 judges, at $7,500 each; 4 the Senate. '.rhere were none of the parliamentary doctors, I attorneys, at $5,000 each; 4 marshals, at $4,000 each; 4 clerks, at think, here at the time this que tion was raised; I myself know .,·a,500 each; in· all, $87,000. very little about parliamentary law, and so the question was Mr. BURTON. Mr. President, I should like to call ~ttention not discussed, but there are precedents for the position I then to certain salaries in the House bill about which I should like took. to be informed. In lim•s 9 and 10, on page 73, provision is Mr. CLARKE of Arkansas. Mr. President, treating the re made for four judges in the Territory of Ala. ka at a salary of marks of the Senator from Iowa as a challenge of the accura('y $7,500 each. On the following page, page 74. lines 7, 8, and 9, of the ruling that I had the privilege to make while in the the salaries are fixed for the chief justice and associate ju tice.s chair ye terday, I may say a word in explanation of it. of the Territory of Hawaii. The chief justice receives a s.alat:y There was at the time nearly a quorum of the Senate pres of $6,000, two associate justices $5,500, and judges of the cn·cmt ent. if not an actual quorum. The roll call which immediately courts ·only $4,000. f0llowed disclo ed the presence of a number of Members in Save the city of New York and possibly one or two other dis excess of a quorum. There were only four Senators who tricts of the United States, though I am not sure there i any joined the Senator from Iowa in the demand for the yeas and other exception, the salaries of the United States J.i trict judges nays. are $6,000 nnd circuit judges $7.000. Why . hould the four Mr. KENYON. Does the Senator say that there was nearly judges jn Alaska receive this disportionate salat·y of $7-,tiOO? a quorum of the Senate present? Are their expenses deducted from this amount? Mr. CLARKE of Arkansas. It looked so to the Chair on l\1r. l\IARTIN of Virginia. I suggest to the Senator from .yesterday. Ohio, if· he will--· ·1914. CONGRESSIONAL RECORD-SENATE. 10381 1\Ir. BURTO... . There is another fact I wish to suggest in duties of a court commissioner, are ex officio judges of probate, this connection, that in Hawaii the cost of living is notably ex officio registers of d~ds , ex officio collectot·s, ex officio ua. high. taries public, and ex officio coroners. In fact, they m:mage the Mr. MARTIN of Virginia. I suggest to the Senator that he whole thing, and liquor licenses as well. Applications for liquor wait until we reach that clause in the bill relating to the licenses are made to the district courts, and the judges haye to Hawaiian judges, if he desires to offer an amendment incre:;: ~ pass on the question of issuing liquor licenses. ing the salaries. and then we can consider it. In other words, in addition to their judicial functions the l\Ir. BURTON. What rea::. Jn is there for so great a differ judges of the district courts in Alaska have all these adminis ence? trative functions to perform. The distances m·e immense; they 1\Ir. WARREN. Mr. President, is the Senator referring to have to travel long distances, and the cost of living is immense. Hawaii or Ala ka? So, knowing the conditions as I do in Alaska, I think $7,500 is Mr. BURTO~. To Alaska, where the judges are paid a no more .there than $5,000 would be here in our country, in the salary of $7,500. Why should their salaries be higher than the old Central States. salaries paid judges in the Territory of Hawaii and the salaries Mr. BURTON. 1\Ir. President, will the Senator from 1\linne of district and circuit court judges, including men of very sota yield to me for a couple of questions? marked ability in the United States? Mr. NELSON. Certainly. Mr. WARREN. In Alaska the expense of living is more than Mr. BURTON. In performing duties as notaries public, do double, or is reputed to be more than double, what it is in the they receive fees? United States, according to lists of commodities and their cost. Mr. NELSON. The judges do not perform those functions. I do not wonder that the Senator mentions the difference. A Mr. BURTON. I thought the Senator said they did. similar difference is apparent in the government of Territories Mr. NELSON. No; the Senator misunderstood me. I said and in the departments in the United States proper, where there that there are four divisions in Alaska; each judge divides his was a general law that the salaries should be so-and-so. In the division into commissioner districts and appoints commissioners, formerly numerous Territories they were low. Where in later and those commissioners perform all these duties. A commis years a Territory was brought in by a special law, as Hawaii sioner in a given district in Alaska is not only court com was, for instance, the salaries are fixed at very much higher missioner in the ordinary sen e as we understand it, but per· rates in the organic act, and hence the Appropriations Comllllt forms the functions of a justice of the peace, a notary public, tees follow the law and appropriate accordingly in those cases, a register of deeds, and a coroner. All those duties are per which oftentimes seems unjust. I do not think it is unjust, formed through these commissioners. The judges have the however, as to Alaska, because the expenses are so high; but we appointment of the commissioners, and they have the designa have the same phenomena in some of the departments. For in tion of the districts; but in addition to th..o:tt the judges have stance, in the case of commissioners, we have the Commissioner this other duty to perform in connection with licenses. Liqnor of the General Land Office, who receives $5.000, and the assist licenses and also what we call trade licenses are granted by the ant commissioner $3.500, and other old departments at similar judges of the district courts. Applications for liquor licenses salaries. When we brought in the bill creating the Department and for trade licenses are made to the district judges, and tbey of Commerce and others we made the salary of some of the have to pass upon those matters. So the Senator will readily commissioners $6 000. see that the judges in Alaska have a great many duties und The Appropriations Committee feels it to be its duty to con functions to perform, outside of purely judicial functions, that form to the existing statutes. Of course we could fail to ap are not ordinarily entRiled on judges of Territories. propriate as much as the statute calls for, but it would raise a Mr. BURTON. Still a further question : Is there any allow... question which might require judicial attention afterwards. ance to these judges for traveling expenses? Mr. BURTON. May I ask the Senator from Wyoming a Mr. NELSON. I think they have a limited allowance for question? For how long a time have the salaries of the judges traveling expenses, but not for their living expenses. and the in Alaska been fixed at $7,500 a year? cost of living there is immense. It is practically twice what it Mr. WARREN. I think something like six or eight years. I would be in the State of Ohio or the State of Minnesota. will say as to the governor of Alaska thnt the salary was raised The VICE PRESIDENT. The question is on agreeing to the by amendment on an appropriation bill here on the floor at the amendment. request of the President. A request came to the chairman of The amendment was agreed to. the Committee on Appropriations, here at his desk, when the The reading of the bill was resumed. bill was being considered, from the President of the United The next amendment of the Committee on Appropriatons was, States, several pages in length. still wet from the letter book, under the subhead "Government in the Territories," on page asking that the salary should be made $10.000. The chairman 73, line 14, after" $2.250," to strike out "janitor service, not to of the committee consulted with Members on both sides, and exceed $900," and insert "janitor service for the executive man before the bill passed it was placed at $7,000. It is probRble sion and office building, not to exceed $2.100 "; in line 19, after that the salaries of the judges were established in a 8pecial the word "lights," to insert "water," and in line 20. nfter the bill. I am confident that those in Hawaii and, I think, those in word "governor," to strike out "$7,850" and insert "$9,050," so Alaska outside of governor were fixed by legislation outside of ru; to make the clause read: appropriation bills. For incidental and contingent expenses, clerk blre, not to exceed Mr. BURTON. 1\ir. President, still another question. Why $2,250; janitor service for the executive mansion and office bulldlng, should the salaries of the judges be $500 more than the salary of not to exceed $2,100; traveling expenses of the governor while absent from Juneau on official business: repair and preservation of ext>cutive the governor in Alaska? • mansion, including $700 for painting; stationery, lights. water, and Mr. WARREN. I suppose it is considered that the judges fuel, to be expended under the direction of the governor, $9,050. are required to have, perhaps, more extended legal education, and have much more arduous and numerous duties to perform. The amendment was agreed to. The governor of the Territory is restricted, as governors of The next amendment was. on page 74. line 6, after the word Territories always are, while the judges in Alaska have very '·governor," to strike out "$7,000" and insert "$6,000," so as important functions to perform. to read: Mr. NELSON. Mr. Pres~dent, will the Senator yield to me? Territory of Hawaii : Governor, $6,000. 1\Ir. BURTON. In just a moment. Mr. SUTHERLAND. Mr. President, I should like to ask a I do not wish to introduce any amendment; but it seems to question about that amendment. Is not that salary fixed by me this shows the general fact that the salaries of our public law? officials need· readjustment. I really can not justify it by the Mr. WARREN. It is. The committee took the ground that cost of living. I have been in Ala8ka, and the qualifications compared with the others, and the cost of living there, it should required of a judge there certainly do not compare with those be reduced; but the Senator is right. The statute provides for that are required of a judge in the United States, either of a the salary. district or of a circuit court. 1\fr. SUTHERLAND. I have no interest at all in the matter, Mr. NELSON. Mr. President, I desire to say, in reference but it seems to me that where the salary has been fixed by to the judges of Alaska, that the situation is peculiar and dif general law we ought to appropriate the amount and alter ferent from that in the case of judges at any other place in the general law. We ought not to appropriate an amount less the country. than the general law itself prmides for. The judges in Alaska, in addition to their judicial functions, Mr. OVERl\.IA...'T. I will say, so far as that is concerned, that have the civil administration in their hands. The whole civil if we did that and appropriated no more than the general law govel'Dment in Alaska is administered through the judges, who there would be a great many salaries reduced in this bill and divide their respective divisions into commissioner districts in every other app.. opriatlon bill that comes here. In fact, all and appoint commissioners, who, in addition to the ordinary of those that are fixed by general law are subject to a point of CONGRESSIONAL J;tE_QORD-SEN ATE. JuNE 13,- order, and many of them were stricken out in the House of Rep ing $85,000, the sum of $40,000," and insert "$85,000,'' so as to resentatives for that reason. ruake the clause read: Mr. SUTHERLAND. That might not be an unmixed evil. Toward the renovation of the plumbing system in the State War The VICE PRESIDENT. The question is on agreeing to the and Navy Building, including the removal of all present unserviceable amendment. fixtures, piping, etc., the purchase and installation of modern and sani The amendment was agreed to. tary equipment, and the refinishing of the toilet rooms, 85,000 ; and the superintendent of the State, War, and Navy Building is hereby The reading of the bill was resumed. authorized to employ day labor on the whole or any part of this work The next amendment of the Committee on Appropriations where advantageous to the Government. was, on page 74, line 7, after the word "secretary," strike out ~'be amendment was agreed to. "$4.000" and insert "$3.500," and in line 8, after the words" in The next amendment was, at the top of page 86, to insert: all," to strike out" $28,000" and insert" $26,500," so as to read: For the purchase of one gasollne automobile mail truck of 1 i\ tons· Secretary, $3,500; chief justice, $6,000; two associate justices, at capacity, to be used In transporting mail between the city posf office $5,500 each ; in all, $26,500. and the mail rooms. of the State, War, and Navy Departments, to be operated nnder the superintendent of the State, War und Navy Build The amendment .was agreed to. ing, $2,500 ; skilled laborer, $840; laborer; for fuel,' repait·s, supplies, The next amendment was, under the head of "War Depart etc., of automobile mail truck, $1,000; in all, $5,000. ment," on page 75, line 3, after the words "chief clerk," to The amendment was agreed to. insert "who shall perform such duties in the Department of The next amendment was, on page 86, after line 8, to insert: War as shall be prescribed by the Secretary or may be required For rewiring rooms in State, War, and Navy Building, lncludino- the by law," so as to read: removal of old gas and otoer fixtures and the purchase and install'Ution of new metallic c~mduit, wire, and. other material necessary to Jig!Jt a ll Office of the Secretary: Secretary of War, $12,000; Assistant Secre rooms by electricity, and for general repair work to walls and ceilings tary, $5,000; assistant and chief clerk, who shall perform such duties of rooms incidental to such installation, $32,000; and tbe superin· in the Department of War as shall be prescribed by the Secretary or tendent of the State, War, and Navy Building is he1·eby authorized to may be required by law, $4,000. employ day labor on this work in like manner as prescl'ibed in the case The amendment wa::: agreed. to. of reconetruction of toilet rooms. Mr. MARTIN of Virginia. I send to the desk an amendment, The a~endment was agreed to. which I ask to have read. . The next amendment was, under the head of "Navy Depart The VICE PRESIDENT. The amendment will be stated. ment,'' on page 87, line 7, before the words "of class two,'' to The SECRETARY. On page 77, line 24, it is proposed to strike strike out "four" and insert "five,'' and in line 13, after the out the words " Office, Chief, Quartermaster Corps;'' and to words "in all,'' to strike out "$75,080" and insert "$76.4.GO,'' insert in lieu thereof the words " Office of the Quartermaster so as to make the clause read: General of the Army." Offi<>e of the Secretary: Secretary of the Navy, $12,000; Assistant Secretary, $5,000; chief clerk $3,000; private secretat·y to Secr·etnr·y, Mr. MARTIN of Virginia. I will say that. that simply con $2,500; clerk to Sect·etary, $2,250; clerk to Assistant Secretarv, $.:!,000; forms to the provision of the Army bill. disbursing clerk, $2,250; stenographer, $1,800; tlerks-4 oi' class 4, The VICE PRESIDENT. The question is on agreeing to the 2 of class 3, 5 of ctass 2, 5 of class 1, 1, $1,100, 4 at $1,000 each; amendment. stenographer, $1,200; telegraph operator, $1,100; 2 copyists; car penter, ~900; 4 messengers ; 4 assistant messenge1·s ; 3 Laborers ; mes The amendment was agreed to. senger boys-3 at $600 each, 1, $420, 1, $400; telephone switch board The reading of the bill was resumed. operator; assistant telephone switchboard ope1·ator; i.n all, $76,4GO. The next amendment of the Committee on Appropriations The amendment was agreed to. was, on page 78, line 4, after the word "draftsmen," to strike Mr. l\IARTIN of Virginia. I send to the desk an amendment, out " three '' and insert " fou~"; in the same line, after the on page 87, which I as!{ to have read. word "each," to strike out "seven" and insert "six"; in line The VICE PRESIDENT. The amendment will be staJ-ed. , 6, after th<> words ''civil engineer,'' to strjke out "$1,800" and The SECRETARY. On page 87, line 23, it is proposed to strike insert " $2.000 " ; in line 8, after the words " mechanical engi out the word " three" where it first occm·s and to insert iu lieu neer,'' to strike out '' $2,000 " and insert "$2,250 "; and in line thereof the word " four." 12, after the words " in all,'' to strike out " $376,370 " and in The amendment was agreed to. sert ·· $377 ,020,'' so as to make the clause read : The SECRETARY. It is also proposed, in the same line, to strike Office of the Quartermaster General of the Army: Chief clerk $2,750; out the word "(indexer)." 5 principal clerks at $2,250 each; clerks-15 of class 4, 25 or1 class 3, The amendment was agreed to. 44 of class 2, 85 of class 1, 50 at $1,000 each, 10 at $900 each; ad visory architect, $4,000; inspector of supplies, $2,500; draftsmen-4 at The SECRETARY. On page 88, line 1, it is proposed to amend $1,800 each, 6 at $1,600 each, 5 at $1,400 each; supervising engineer, tbe total, so as to read "$17,840." $2,750; hydraulic and sanitary engineer, $2,000; civil Pngineer, $2,000; The amendment was agreed to. electrical engineer at $2,000 ; electrical and mechanical engineer, The reading of the bill was resumed. $2,250 ; rparine engineer, .$:!,500; assistant ma~ine engineer, $1.800 ; sanitary and beating engmeer, $1,800; blue-prmt operator, $900 ; 6 The next amendment of the Committee on Approprin tions messengers; 14 assistant messengers; 12 laborers; laborers-1, $600; was, in the item of appropriation for the maintenance of the 1, $480 : in all, $377 020. Hydrographic Office, on page 90, line 12, after the words "chnrt The amendment was agreed to. plate maker,'' to strike out "$1,200" and insert •· $1.400.'' nnu The next amendment was, on page 80, line 12, after the word in line 15, after the words "in all,'' to strike out "$123.4GO" "clerks,'' to insert "4 at $2,000 each"; in line 13, before the and insert "$123,660,'' so as to read: . words " of class 4,'' to strike out " 10 " and insert " 6 "; in Electrotyper and chart plate maker; $1,400;. assistant messenge1·; 4 laborers; helpers-2, at $720 each; 2, at $o60 each; 1, $600; 1, line 14, before the words "at $1,000 each,'' to strike out "12" $500; 1. $480 ; in all, $123,660. · and insert " 11 " ; and, in line 16, after the words " in all,'' to strike .out "$87,230" and insert "$87,030,'' so as to make the The amendment was agreed to. cia use read : The next amendment was, on page 91, line 3, after the word "publications," to insert "books of reference and," und in line Office of Bureau of Insular A.tfairs: Law officer, $4,500; chief clerk, $2,250; clerks-4, at "$2,000 each ; 6 of class 4, 7 of class 3, 11 of 5, after the words " terrestrial magnetism,'' to insert " and class 2, 14 of class 1, 11 at $1,000 each; 3 messengers; 2 assistant to other professional and technical subjects connected with the messengers; 4 laborers; 2 charwomen; in all, $87,030. work of the Hydrographic Office," so as to make the clause read : The amendment was agreed to. For purchase of copperplates, steel plates, chart paper, packing boxes, chart portfolios, electrotyping I'Opperplates, cleaning copperplates; tools, The next amendment was, on page 82, line 4, after the words instruments, power, and materials for drawing, eng-raving, and pr·int " Lemon Building,'' to strike out " expenses of horses and ve ing; materials for and mounting charts; reduction of cha rts by photog hicles, including their exchange, to be used only for official raphy; photolithographing charts for immediate use ; tt·ansfer of photo lithographic and other cha1'ts to copper; cat·e and repalt·s to printing purposes,'' and insert " for the purchase, exchange, care, and presses, furniture, instruments, and tools; extra drawing and engrav subsistence of horses, and the purchase, maintenance, repair, ing; translating from foreign languages; telegrams on public business; and e..\:cbange of wagons and horse-drawn passenger-carrying the preparation of Pilot Charts and their supplements, and the print ing and mailing of the same ; purchase of data for charts and sailing vehicles, and harness, to be used only for official purposes." directions and other nautical publications; books of reference and The amendment was agreed to. works and periodicals relatJng to hydrography, marine meteorology, The next amendment was, under the bead of "Public Build navigation, surveying, oceano~raphy, and terrestrial magnetism, and to other professional and te<>hntcal subjects connected with the work ings and Grounds,'' on page 84, line 16, before the word "peri of the Hydrographic Office, $26,000. odicals,'' to insert " scientific." so as to make the clause read: The amendment was agreed to. F'o1· contingent and incidental exl?enses, includlng purchase of pro fessional and scientific books and sc1entific p.eriodicals, books of refer The next ~endment was, on page ~3, line 2, after the word ence. blank books, photographs, and maps, $700. "books,'' to insert "books of reference,'' so as to make the The amendment was agreed to. clause read: . . . . For J,Jrofessional and scientific books, books of reference, periodicals Tbe next amendment was,- under the subhead "State, War, (subscriptions to periodicals may be paid ln advance). engravings, and Navy Department Building," on page 85, line 21, after the photographs, and fixtures for the library, $750. · · words " toilet rooms,'' to strike out "at a total cost not exceed- The amendment was agreed to. 1914. CONGRESSIONAL RECORD-SENATE. 10383' The next amendment was, at the top of page 94, to strike formed. I am satisfied it can be done and · we will get better oM: work even than we have now. For pay of comput~>rR on piecework in prepar~ng. for publication the From this statement I want to pre.sent a few facts with American Ephem~·is and Nautical Almanac and m iDlproving the tables reference especially to this piecework and what has to be done of the planets, moon. and stars, $7.000. · . after we get it, what expenses we paid out for it, in my judg- l\1r. BURTON. 1\fr. President, I should like to }r.now the rea- ment practically duplicating that work. This statement sh.:>ws son for striking out those lines. I am informed that fo~· many original cost of computations made under piecework and the years it has been the custom to engage these outside computers cost of checking the same in the office. to do this work, that men of exceptional competency are ob- In the preparation of the Nautical Almanac for 1913 the tained; also that this method is that which is approved by ~e first computation of the sun was made by otltside parties at a head of the Naval Observatory. What is the reason why this cost of $750. Now that had to be checked in tha office. That provision is stricken out? . checking cost $121.57. Then for 1914 the first cost of computa- l\1r. HARTIN of Virginia. I will say to the Senator that tation was $750, the checking cost $130.29. Then in 1915 the the coc1mittee believed they could get along without this ap- first computation c~st $750 and the checking-that' is, the work propriation, and for that reason they sh·uck it out. I will say, in the office-cost $186.28. Then for the Nautical Almanac for furthermore, that the Senator from Washington [l\1r. JONE:: ] 1916 the first computation cost $767.80 and the checking cost is more fnmilinr with the matter th::. :1 I am, and I should be was $283.97. It seems to me where we have paid two or three glad if he would explain it. It was on his motion that the pro- h1,mdred dollars for checking computations made outside the· Vision was stricken out, and I think properly stricken out. office we had better do that work directly in the office, because l\1r. JONES. .hlr. President, the chairman of the committee this checking expense resulted from the use of the force in the is correct in saying that it was on my motion that this item office itself. was stricken out. I brought up this matter a couple of years But that is not the most striking example of this work. In ago. Some facts had been brought to my attention that con- the original computation of Mercury for 1913 the office cost vinced me that this provision for piecework was absolutely un- was $611, the cost of checking $39.31, while for the 1915 the necessa ry for the transaction of the business of the ?ffice, and, original cost was $611 and the checking $208.74. For the 1916 furthermore. that it was, to say the least, very Improperly almanac the original cost was $193.04 and the checking $16 .87, u sed, and the investigations I have made since have made me or almost equal to it_ That work might just as well have been more sh'ongly of that opinion. done in the office in the first instance, and it would have saved While I do not intend to go into the matter very minutely practically all the cost of $193.04. at this time, I will state a few facts that led me ·<> move to Then for the computation of 1\Iars the first computation cost strike out this proYision. . . . . $361.35, for the 1913 office, and the checking of that cost $182.04. A few yea.rs ago a board was ~pp~rnted to rnvesbgate and Then, for the 1914 office the original computation cost $360 and report upon the conduct of the. Nautical Almanac Office, and the checking $193.10. Then, for the 1915 office the first cost as to what was ne ~essary. The board was made up of fh! .of was $355 and the checking $174.11, while for 1916 the first L a officials _of ~he department. It made a report, one para- computation was $15,0.83 and the checking $105.22, or almost graph of whrch IS as follows: . . · as much. Practically one or the other of those items can be In view of the f~ct that h e reafte~ a considerable portion of the mate· saved by doinO' the work in the office in the first instance. rial for the American Ephemeris 1S to be furnished annually by the ."=' • f J 't F th ffi v~rious forei"'n officers· and further that the bulk of the recommenda- Then, here IS the computatiOn o upi er: or e 1913 o ce tions of the ''board tend to lessen the time. and labo: ~ereafter neces- the original computation was $140, made outside. Then, the sary for the work in the Am e ri~an Ephemeris Offic~. It 1.s recommend~d checking of that in the office cost $102.28. In 1914 the first that in the futme all computations and work reqmred m the prepara- . $ 66 88 h h k' $80 34 Th f . 191r. t'on and publication of the· Amet·ican Ephemeris shall be performed in computation cost 1 . , t e c ec mg . . en, . or . o the Nautical Almanac Office by the re~ular assista?ts of the offic~; and the original cost was $140, and the checking cost was $169.59, it is further suggested t!Jat such P?rtwn of the time of the _assistants or nearly $30 more for checking up the work to see whether it as may not be required m the routme work above noted shc .... ld be de- $~ d tl voted to the investigation of such questions as, by their proper develop- is correct or not. For 1916 the first cost was .n 6 .47 , an le ment and solution, shall tend to increase the usefulness and accuracy checking of that cost $64.28, or more than the first cost. of the Ephemeris. . .Mr. TOWNSEND. · May I ask the Senator if a different class That recommendation was concurred. in by three of this board of people do the work that is done for the purpose of certifying and not concurred in by two. I desue, however,. to call the it? Is the work done by a different set of computers? attention of the Senator to the character and experience of the 1\fr. JONES. Yes; the original computation was made by the men who concurred in that recommendation. O~a of them ~as pieceworkers outside the office, and the checking was done by Prof. w. s. Harshman, who had served 19 years m the Nautical the people in the office. Almanac Office, the last 7 years as director. The ot~er tw? were Mr. BURTON. Is not this work of such extreme particularity Prof. H. L. Rice, who had served 14 years as assistant m the that in any event a second person and perhaps the third would office, and the senior assistant, Mr. Robertson, who had served go over the .figm·es to test their accuracy? lU years. . Mr. JONES. That is probably true, but that had better be 'l'hese were the three men who made that recon·mendahon, done in the office. men who we1'e thoroughly fami~i~:~.r wi~h the business of the Mr. BURTON. That would not be left to one person? office ~nd what is r;rece~sary for Its efficiency .. Of t~e two men Mr. JONES. Certainly not entirely. who signed the mmonty report, one was Prof. Eichelberger, Mr BURTON It would be taken up by one and then by a who had served 2 yenrs as director and some 20 or 30 .years second and perh~ps a third. ago had been an assistant, and the second was A~sistant Mr. JONES. Possibly so, if it was deemed necessary. It Astronomer Morgan, who had never been connected With the could be done in the office, however·, by efficient men who hl:!.Ye office. That was enough, as far as I was conc~rned, to _as~ure the time and ability to make these original computations as well me that at least we.ought.to try to g~t a~ong.without this I.tem as to check them. I have quite a number of items here of the ~hen _me~ of expenenc_e hke these .had Iei?oited that a_fter an same character. I shall not take the time to put ill all now. mYeStigatwn the. force m the office IS s~fficient to do this work The superintendent of the Naval Observatory had the Assistant and that the work ough~ to be done there.. . Secretary of the Navy send a letter to the chairman of the F urthermore, the Pans co~ference, ~bleb I und~rst~nd IS. a committee, and he kindly furnished me a copy. In this letter conference of the several natwns, especially those mterested m the Assistant Secretary argues that this item be retained just this Nautical ~lmanac work, agreed upon a plan of exchange as it is or that it be changed with an amendment. The amend~ of wo~k by which one Government would get the benefit of tpe ment would be ·very unwise but I want to call attention to one experi~nce and the work of the. offi~ers of other Covernmen~s, stat ment in the letter. He' says that- and th1s board report here that m VIew of the fact that we w1ll e . · get the benefit of this Paris conference it will relieve the office This appropriation has been in the bill for many years- of a great deal of work. . Of course that is true. We have many appropriations in these I have here a staterr::ent from what I consider a very reliable bills carried for many years, and it seems that because they source as to the rost of the work of preparing the Nautical h.ave been carried for a good many years that is made the basis Almnnac,· tlle cost without the work of the Paris conference, for an argument for continuing tbem, when, as a matter of and the cost since, and with that work. · The cost of this fact, the reason for the continuance may have long since lapsed. work after the Pnris conference would be about $6,285, and the If we are never to take such items out because they have been cost without the Paris conferen-ce work would be about $11,744. in for a good many yeaTs, a ·great many of them will never oo The Yalue of the work that would be furnished to us from taken out. these other offices is estimated at $5.450. We have appro- And the elimination of it will seriously cripple the high standard priated in this bill $15,640, and I consider that that is all tha.t previously maintained 1n the production of the .American Ephemeris is nece sary, and that with tha,t the work should be fully per- and Nautical Almanac. 10384 CONGRESSIONAL RECORD-SENATE. 'JUNE 13, There is no reason given why that statement is true. As a the Naval Observatory. _This observatory is one of the best matter of fact, the report of the board that was appointed shows equipped institutions in the world. It has made many compa that that would not follow at all. The records will show also tations which have been accepted by astronomers C\'erywbere, that this office was kept up a few years ago much better than and it is n~essary that the very highest standard be main· it has been with the use ot this money on the outside. tained in the quality of the computations. Not only would the work be crippled for the fiscal year provided As the Senator from Washington has stated, the superintend· by the bill, but the services of several experts who ..are maintained under ent recommends that this item remain. The computations have it would be lost, perhaps never to be regained, as they would, perforce, seek other employment. been made by certain men of exceptionally scientific quulifica tions for many years past. Some of them have now become ad· T.hat discloses the real purpose of the provision. It is to vanced in years. So far as I can learn, this item is necessary. furnish employment for some experts on the outside. However, I feel willing to have the item stricken from the bill Now, who are those experts? It came to me rather reliably and then the whole subject can be taken up in conference. tbat the superintendent or the director of this service stated I had tmderstood that the two Senators from l\1as aclmsetts, tbat one of the members of the committee had said that a cer both of whom are absent to-day, had given attention to this tain gentleman in the office force was knocking the office, assum item and oppose the omission of the appropriation. I certainly ing that he had furnished this information to me. should not stand here for it if it is unnecessary or unless its Mr. President, it is not necessary to go to any of the office omission would hamper the work of the observatory and di force to acquire certain information with reference to the con minish the very high standard of their work. duct of this office and with reference to the conduct of certain l\Ir. JONES.. I want to ask the Senator if he ever found a other bureaus and to show that this item should be included. I bureau chief who would admit that an item that we had been haYe gotten information that is absolutely reliable, and it does appropriating for was not necessary in the conduct of his not necessarily come from anybody in the office. It is not neces office? sary to go to the office to find out that some of the experts now .Mr. BURTON. I t.hink possibly I have, but I am perfectly being muintained were in the office just a few years ago as free to concede the general tendency of all the executive de what we might call third-rate assistants, and who resigned and partments is to obtain the greatest possible amount of appro since that time have been employed at a higher salary under priations and the largest possible number of subordinates. this piece-work proposition. For instance, one of the experts l\fr. MARTIN of Virginia. I will say to the Senator from the superintendent is afraid he is going t(} lose was two years Ohio that the Senator from Washington [.Mr. JoNES] investi ago an assistant in the office at $1.200 a year. He retired from gated this matter, and on his presentation of it we agreed that the office, and he is now getting $1,600 out of this $7,000 piece this item ought to go out. If the Senators from 1\fassachu :fund. I have not any doubt he may be a competent man. but setts, who are absent, desire to express their views they can the $1.200 assistant in the office is just as competent as he is do so to the conference committee, and the conference com now, and I do not think there will be any trouble in finding a mittee will give it careful consideration. I know of no reason great many men at almost any time when their services might why the item should be continued. be n~essary to perform this work. It is also true that another l\fr. BURTON. I possibly may not be correct in saying both man who was an assistant in the office a few years ago at $1.200 Senators from Massachusetts favor the retention of the appro is getting $1,900 out of this $7,000 piece fund. It is not neces priation. I may be in error in that regard. sary to go. to that office to get that information from some mall Mr. MARTIN of Virginia. If they can give a good reason there, but ne-vertheless it is true. Those two instances just for its retention, it will be considered. illustrate what is done with this $7,000. It is an absolute ano The amendment was agreed to. unjustifiable appropriation. It is absolutely unn~essa1·y, an,} The next amendment of the Committee on Appropriations it could very properly be characterized in much stronger lan was. on page 96, line 19. after the words " messenger boys." to guage as to the use of it. strike out "1, $600 " and insert "3. at $600," and in line 20, I had some of the information in reference to this matter a after the word "laborer," to strike out "2 laborers at $600 couple of years ago, when I tried to have the item stricken out, each," so as to make the clause read: and I have gotten some more information since that time. Some Bureau of Supplies and Accounts: Civilian assistant, $2,500 ; 2 chief of that I have given to-day I have gotten since, and if the boo.kkeepers, at $2,000 each ; clet·ks-4 of class 4, 8 of class 3, 7 rlr item is continued, o1· if it should go to conference and be finally class 2, 15 of class 1, 10 at $1.100 each, 28 at $1.000 each, 12 at $900 each ; 2 copyists, at $840 each; 5 assistant messengers; messenger reinstated, there will be some more information secured. boys-3 at $600 each, 3 at $400 each; laborer; in aU, $113,040• • If we must have an investigation of this office, it will be had and it will show up a great many other things that will be The amendment was agreed to. condemned and which ought to be condemned. I do not have The reading of the bill was continued to line 15, on page 97. to go to the office force to find that one man who has been paid Mr. MARTIN of Virginia.. I send to the desk an amendment out of this fund has been letting the work out that is given to which I submit from the committee. Let the s~retary read it. him at about half the amount he iS paid for it, anc I do not The VICE PRESIDEt-.orrr. The Secretary will read it. have to go to the office force to find that some of those who get The SECRETARY. Strike out lines 16 to 24, incJusive, on page some benefit of this piecework think it is unnecessary. 97, and lines 1 and 2, on page 98, and insert in lieu thereof the .Mr. President, these are some of the facts that I have secured following: in reference to this appropriation. I think it is wholly unjusti Division of Naval MHitia .Affairs: For the following, now anthorized by section 17 of the Naval 1\lilltla act approved February 16i 1914, fiable. While it is a small item, yet it is one of many items that namely: ChiE'f clerk, $1.6.00; clerks-I of class 2~ 2 of class , 1 at get engrafted into the law and are continued from year to year $1,100, 1 at $1,000; messenger boy, $600; in all, $fs,100. and year to year, and used as a sort of special fa vo.ritism item. For mi&cellaneous expenses of the Division of Naval Militia Affairs, including stationery, furniture. office equipment, posta~e, typewriters \Vhenever we get the information about such an item, showing and exchange of same and necessary prmting and binding, $:! 600, it unnecessary, we ought to have it stricken out. I hope this which sum together with the foregoing amount for salaries, s ' ail be item will be stricken out and that the committee will insist in paid from the appropriation for "Arming and equipp-ing Naval 1\lilltia" for the fiscal year 1915, and no other or further sums shall be expended conference that it shall stay out. If it comes back in, I shall from said appropriation for or on account of said Division of Naval furnish additional information and shall insist upon a full and Militia Affairs during the fiscal year 1915. thorough investigation of this office and the expenditm·e of this The amendment was agreed to. piece money. The adoption of the amendment suggested would The reading of the bill was continued. be ve1·y unwise. No power should be given to use or divert any The next amendment was, under the head of " Department of of this money for any purpose not specifically directed by Con the Interior:' in the item of appropriation for the m.aintennnce gress. of the office of the Secretary, on page 100, line 4, after the word 1\Ir. BURTON. Has the Senator from Washington an item ·• each" to insert "assistant superintendent, Patent Office ized list of the payments from this $7.000 fund? Buildi~g. $1.200.'' and in line 15, after the words " in all," to 1\Ir. JONES. Not of all. I have those I have given to the strike out "$275.820" and insert "$277,020," so as to read: Senator and I have some more, but I have not a full itemized Skilled mechanies-1 $900, 1 $720; 2 carp('nters, at $fl00 ('acb: statement. I have used these simply as illustrations to show assistant superintendent, Patent Office Buildinll, $1.200 ~ plumber, $fl00; how the fund is used. If this item shall be restored, I will insist electrician, $1,000; laborers-1 $600, 6 at $480 each; packer, $660; 2 elevator conductors, at 720 each: 8 charwomen; captain of the on an accounting being made of its expenditure and to the watch. $1,20(); 40 watcbmE'.n; additional ~o 2 wntchml.'n acting as lieu expenditures heretofore made. tenants of watchmen, at $120 e11cb ; engmeer, $1.200; assistant E'D!{i Mr. BURTON. .Mr. President, there is no one on this floor neer U 000 · 7 firemen· clerk to sign, under the dlt·Pction of the Secre tary: ~tn' his' name and' for him, bl.s approval of all triba! deeds to who would not favor striking out this item if it causes unneces allottees and deeds for town lots made and executed nccordmg to law sary expense and the work can be done by the office force. My for any of the Five Civilized Tribes of Indians in the Indian Territory, information on the subject is not at all complele. It Is derived $1,200 ; in all, $277,020. 1ery largely from the recommendation of the superintendent of Tbe amendment was agreed to. 1914. CONGRESSIONAL RECORD-SENATE. . ·10385. The next amendment was, on page 100, line 18, after " $1,600," cussed, and whatever is right I hope will be done· but our to insert " machinist, $1,400 " ; in line 19, before the word committee could not decline to put provisions into' the bill "firemen,"- to strike out " four" and insert "three"; and in because the House did not do so. We do not know what line 23, after the words " in all," to strike out " $39,3~0" and actuated them, but we must meet the obligations of the Govern insert "$40,060," so as to make the clause read: ment and the necessities of the service as they are presented Old !"lost Office Department Building : Engineer and electrician, to us. $1,600; machinist, $1,400; assistant engineer, $1,000; 3 firemen; 3 l\lr. BURTON. It is for an additional number of clerks, and watchmen acting as lieutenaNts, at $840 each; 20 watchmen; elevator conductor, $720 ; 14 laborers; 9 laborers, at $480 each ; 3 skilled me so forth. chanics (painter, carpenter, and plumber), at $900 ea~h; in all $40,060. Mr. MARTIN of Virgillia. It is necessary. Mr. BURTON. Is it put on at the recommendation of the The amendment was agreed to. Commissioner of the General Land Office or of the Secretary of The next amendment was, on page 100, line 24, after the words the Interior? "Assistant Attorney General," to insert "Three members of a Mr. MARTIN of Virginia. It is recommended by both. board of appeals, to be appointed by the Secretary of the In Mr. BURTON. It is recommended by the Commissioner of terior, at $4.500 each," and on page 101, line 6, after the words the General Land Office and approved by the Secretary of the "in all," to strike ont "$65,850" and insert "$79,350," so as Interior? to make the clan~e ~ead: . Mr. 1\IARTIN of Virginia. Absolutely; e\ery item of it. Office of Assistant Attorney General : Three members of a board of l\Ir. BURTON. Are the numbers provided for in the House appeals, to be appointed by the Secretary of the Interior, at ~4,500 each; assistant attorneys-1, $3,000; 2 at $2,750 each; 4 at 2.500 bill the same as at present, under the existing order of things each ; 7 at $2,230 each ; 11 at $2,000 each ; medical expert, $ ,000 ; in the office? clerks-4 of class 3 ( 1 ·of whom shall act as stenographer and 1 of whom shall be a stenographer and typewriter) ; 1 of class 1 ; in all l\Ir. MARTIN of Virginia. I am not prepared to state by com $79,350. parison, but there is no doubt of it. 1\Ir. KENYON. I should like to have, from some member l\Ir. SMOOT. The House of Representatives merely followed of the committee, a brief explanation of that item. Is the board the present law, not taking into consideration the increase of of appeals provided for by law, or are these new offices? the amount of business. The Commissioner of the General Lnnd Mr. l\L'\.RTIN of Virginia. These are new offices. The ac Office appeared before the committee and showed the.committee cumulation of business there amounts to a denial of justice. the great increase of work in the office. He stated that it would Nothing has been appealed for more strongly by the department be absolutely impossible to take care of the business unless he than this bonrd of appeals. had extra assistance. It was for that purpose that such as 1\fr. KENYON. Is that in the Pa'tent Office? sistance was provided by the committee. Mr. Sl\IOOT. It is in the Interior Department. l\Ir. MARTIN of Virginia. The House gave the assistance 1\ft·. KENYON. What is this proposed board of appeals to do? under the current lnw, but the Secretary of the Interior insisted Mr. 1\IARTIN of Virginia. They are to decide controversies on a very large addition. We granted ..1 part of his request, but about land grants, land titles, and other land matters. by no means all of it. We cut deeply into what he desired us 1\Ir. KENYON. Is this recommended by the Secretary of the to gi\e him nnd wh::~t he recommended. Interior? 1\Ir. BURTON. Does that" feature appear in other places in 1\Ir. MARTIN of Virginia. It is \ery earnestly recommended the bill, where the public service imperatively requires an ad by him. ditional force which the House refused to give? Mr. SMOOT. I will say to the Senator from Iowa that there Mr. l\IARTIN of Virginia. I think so; and we have put in is nothing provided for in the bill which is more needed than is !'mch pro\isions in many places, but we have not put them all this board of appeals. in by any means; perhaps not half of what we were urged to 1\fr. KE~YON. I am inclined to think that that is true. insert in the bill. As I said at the outset, in this bill. if we 1\fr. SMOOT. There are thousands of cases now held up; they have .erred at all, it hns been in denying the req11ests of the are nearly two years behind; and in hundreds of cases the poor departments. I am sure that we have cut off all that we were homesteader is almost discouraged and some are compel1ed to justified in cutting off, and perhaps more. leave their homesteads because of the long delay of decisions. Mr. BURTON. Then, l\Ir. President, this fact appears, that 1\Ir. KENYON. I am not raising any objection to the item; a bill comes here in which the necessary enlargement of the I simply wanted to understand it. · public ser>ice is altogether ignored. 1\fr. ORA WFORD. This is designed to give relief to the l\Ir. MARTIN of Virginia. I would not say that, l\Ir. Presi congested condition in that office in connection with the cases dent. which come up from homesteaders? Mr. BURTON. At least in some branches of the public : Mr. S::\IOOT. That is the purpose of the provision. ser-,-ice. Mr. CRA. WFORD. I sincerely hope it will be adopted. Mr. l\IARTIN of Virginia. In some branches of the public The amendment was n greed to. service I do not think the House has provided all that should The reading of the bill was resumed. have been provided. We have endeavored to supplement the The next amendment of the Committee on Appropriations bill by providing for those things. Our amendments will go was, on page 102, line 9. before the words "of class 3," to back to the other House, and they will be ruscussed between the sh·ike out "51" and insert "52"; in line 10, before the words two bodies in order to arrive at a just solution. "of class 2," to strike out "74" and insert "37 "; in the same The VICE PRESIDENT. Without objection, the amendment line. before the words "of class 1," to strike out "77" and will be a greed to. insert "84 "; in line 11, before the words "at $1.000 each," to l\Ir. MARTIN of Virginia. I send to the desk an amendment strike out "G5 '' and insert "68 "; in line 12, before the word which the committee would like to have adopted on page 103. "copyist," to strike out "65" and insert "67"; and in line 18, The YICE PRI~SIDENT. The .amendment proposed by the after the words "in all," to strike out "$631,250" and insert Senator from Virginia will be stated. "$650.250," so as to make the clause read: The SECRETARY. On page 103, line 25, after the numerals General Land Office: Commissioner, $5,000; Assistant Commissioner "$3.500,'' it is proposed to insert: $3,500; chief clerk, $3,000; chief law clerk, $2,500; 2 law clerks at Second assistant comtnissioner, who shall also perform the duties of $;200 each; 3 law examiners of surveyors general and district land chief clerk, $2,750. omces, at $2,000 each; recorder, $2,000; chiefs of divisions-1 of - s~u·yeys, $2 750; 1, $2,400; 10. at $2 000 each; assistant chief of The amendment was agreed to. diVISion $2,000: law examiners-13. at $2,ooo each ; 10, at $1,80.0 each; 18, at $1,600 each ; r.Jerks-27 of class 4; 52 of class 3 · 77 of class 2 · Mr. l\IARTIN of Virginia. I suggest that the amendment just 84 of class 1; 68, dt $1,000 each; 67 copyists; 26 copyists at $720 adopted necessitates an increase of the total appropriation on each; 2 messenget·s; 10 assistant mes!';engers; messenger boys-10 at page 104. line 11, and I move to amend in that particular. $6~0 each ; 6, at $480 each;_ 6 skilled labot·ers, who may act' as asRJstant messengers when reqUired, at $660 each ; 16 laborers· labot·er The VICE PRESIDENT. The amendment proposed by the $480; packer, $720; depositary acting for the commissioner as receivet: Senator from Virginia will be stated. of public moneys, $2,000 ; clerk and librarian, $1,000 ; in all, $650,250. The SECRETARY. On page 104, line 11, it is proposed to in l\Ir. BURTOX 1\fr. President. I fancy these additional clerks crease the total appropriation to $328,150. ar_e required, but why was this provision inserted by the com The amendment was agreed to. mittee of the Senate? Why was it not inserted in the other · The reading of the bill was resumed. House? The next amendment of the Committee on Appropriations was, l\lr. MARTIN of Virginia. · I am not able to explain why it on page 105, after line 19, to insert: was not inserted in the other House. It was inserted here For an additional force of 5 special examinet·s for one year, at $1,300 because we belie>ed it was necessary for the ser-vice. When it each, $6,500, and no person so appointed shall be employed in the State from. which be is appoin~ed; and. any of ~bose now employed in the shall have pnssed this body, it will go back to the other House, PensiOn Office or as special exammers may be reappointed if they be and, if the House has aQy objection, the matter will be dis:- found to be qualified. . ' f 10386 CONGRESSIONAL RECORD-SENATE. JuNE 13, Mr. BURTON. What does that mean-a reduction of the Mr. SMOOT. That is correct. examiners now in the Pension Office, or what? It reads: Mr. THOMAS. Very well. For an additional force of 5 special examiners for one year, at $1,300 The VICE PRESIDENT. The question is on ngreeing to the each, .$6.500, and no person so appointed shall be employed in the State amendment. from which he is appointed ; and any of those now employed in the Pension Office or as special examiners may be reappointed if they be Mr. BURTON. Mr. President, I want to make a suggestion found to be qualified. to the chairman of the committee. Is there any objection to Does that mean the selection of a new list of pension exam changing the word " those," in line 23. to the words " the addi iners? tional force," as that is what I understand it means? If the Mr. 1\I.ARTIN of Virginia. This provides for an additional amendment were modified in that way, it would read "and any force of special examiners. of the additional force" instead of 1' those now employed in the 1\!r. S~IOOT. It provides not for an additional force, but it Pension Office or as special examiners," and so forth. provides that 5 of those who are already in the service out of Mr. 1\IA.RTIN of Virginia. I have no objection to the change the 45 that were before employed can be again employed. I and will ask that the amendment ba modified in accorda.nc~ will say to the Senator thnt it is virtually a reduction of the with the suggestion of the Senator from Ohio. number of special examiners already employed in the Pension The VICE PRESIDENT. The question is on agreeing to the Office. The Senator will remember that when we passerl the age amendment as modified. pension bill there were required a great many examiners and The amendment as modified was agreed to. a great many extra employees in the office. That extra work is The reading of the bill was resumed. now nearly completed, and this amendment provides that 5 of The next amendment of the Committee on Appropriations those who are already in the service shall be reemployed if was, on page 106, after line 7, to insert: found capable. For the use of the Bureau of Pensions for the purchase, repair, and l\1r. BURTON. But it will be noticed that the last clause exchange of adding machines, addressing machines, typewriters, check signing machines, and other labor-saving devices, furniture, filing from line 23 to line 25 reads: cabinets, and postage on foreign mail, $6,000. And any of those now employed in the Pension Office or as special examiners may be reappointed if they be found to be qnallfl.ed. The amendment was agreed to. The interpretation of the Senator from Utah [Mr. SMOOT] The next amendment was. on page 106, Une 15. after the word is that those who were put on as a part of the extra force "clerk." to stJ.·ike out "$2,500" and insert "who shall be quali make up an eligible list from which these five may be selected? fied to act as principal examiner, $3.000," so ns to read: Does it not go further than that. however, and mean to establish Patent Office: Commissioner, $5.000 ; first assistant commissioner, a general rule in the Pension Office? $4,500: assistant commissioner, $3,500: chief clerk, who shall be quali· 1\fr. SMOO'.r. I do not think it goes any further than I have fl.ed to act as principal examiner, $3,000. stated. I know that was the intention. The amendment was agreed to. 1\fr. MARTI~ of Virginia. Mr. President, I was misled by 'l'he next amendment was, in the item of appropriation for the language of the amendment, which reads: "For an addi salaries of commissioner and assistants in the Patent Office, on tional force." An examination of the present law shows that page 107, line 12, after the words "in all," to strike out thfJre were 45 special exarmners, and this reduces the number "$1,316,390" and insert "$1.316,890," so as to read: to 40. I will ask that the words "an additional" be stlicken Fifty copyists, at $720 each; 4 messengers; 25 assjstant messengers; out, and thnt it be made to read: "For a force of five!' 14 laborers, at $600 each ; 42 laborers, at $540 each; 40 messenget: ·Mr. SMOOT. l\1r. Pre ideut. I think the Senator from Vir boys, at $420 each; in all, $1,316,890. ginia is wrong. I think the wording is right. The amendment was agreed to. 1\.lr. MARTIN of Virginia. Then, I can not read the English 1\fr. O'GORl\IAN. Mr. President, at this point I desire to language. If we reduce the number from 45 to 40, and then propose an amendment, to which I think there will be no ob say "an additional force," that is a little more than I can jection. take in. The VICE PRESIDENT. The order of the Sennte was to 1\Ir. Sl\fOOT. The Senator can take it in if he wants to do complete the committee amendments before amendments were so. I will explain it to the Senator. offered by Senators. l\lr. l\IARTIN of Virginia. I should be glad to hear any ex 1\lr. O'GORMAN. Very well; I will leave the amendment at planation thnt justifies the retention of those words. the desk and present it later. Mr. SMOOT. The whole 45 to be done away with at the close The reading of the bill was resumed. of the fiscal year under the present law constitute an additional The next amendment of the Committee on Appropriations force in the Pension Office. Even it there were only one. it was, on page 107, line 18, after the word "professional.'' to would be an addition; but they have asked for five additional. insert "and other reference books and publications.'' and in These men are temporary employees, and not regular employees line 21, after the words "foreign governments." to strike out in the Pension Office. That was why the word "additional" "$2,500" and insert "$4.500," so as to muke the c·lause rend: bas been u ed. If, however, the Senator desires to strike it For purchase of professional and' other reference books and publica· out. I have no objection. tion and scientific books and expense of transporting publications of 1\Ir. MARTIN of Virginia. I am not going to make any point patenls issued by the Patent Office to foreigll governments, $4,500. about it. The amendment wns agreed to. 1\Ir. THOMAS. Mr. President, I should like to inquire whether The next amendment was, at the top of page 100, to insert : the Pension Bureau has requested this additional force? For the investigation of school and home gardening in cities and Mr. MARTIN of Virginia. They have most earnestly asked manufacturing towns, including personal services in the District of for it. Columbia and elsewhere. $5,700. 1\lr. THO:tl.AS. I am unable to see any reason for an addi The amendment was agreed to. tional force of examiners in the Pension Office. My information The next amendment wns, on page 109, line 13, after the is that the number of pensioners on the roll under the general law, exclusi>e of those who were put there by act of Congress, word " information," to insert " including personal services in is decreasing all the time. the District of Columbia and elsewhere," so as to make the Mr. SMOOT. In answer to the Senator, I will say that 45 clause read: additional examiners were employed at the time of the passage For collecting statistics for special reports and clrcularll of tnforma· tion, including personal services in tho District of Columbia and else of the age nension act. where, $3,600. Mr. THO:\LlS. That is the Sherwood Act, popularly known? :Mr. S:\100T. Yes. ~lo t of thnt work has been completed, but The amendment was agreed to. the Comrnis ioner of Pensions states that claims under that act The ne.:\.1: amendment was, on page 109, line 20, after the are still coming in, not in such numbers, of course, as they carne word "same," to insert "including personal services in the in a year or two ago : but he insists that he must have 5 f the 45 District of Columbia, for the purpose of bringing the catalogu to continue the work thnt is not already completed; and that is ing up to date,'' so as to makP the cia use read: why they are provided for by this bill. For purchase, distribution, and exchange of educa tlonal documents, col!Pction, exchange, and cataloguing of educntlonal npp:uatns and Mr. THOMAS. The explanation of the Senator from Utah is appllances, textbooks, and educational refer·ence books, articles of perfectly clear; but, like the chairman of the committee, I am school furniture and models of school buildings illnstt·atlve of for unable to reconcile the worn "additional" with that stntement. eign and domestic systems and methods of education, and repair 1\lr. S:\100T. 1\lr. PreRident, the 45 examiners were an addi ing the same, including pt'rsonal services' in the District of Columbia, tional force in the Pension Bureau. Now. instead of having an for the purpose of bringing the catalogulng up to date, $2,500. additlonnl force of 45 they want an additional force of 5. The amendment wns agreed to. ~!r. THOMAS. That is, 5 additional to take the place of the The next amendment was, on page 110, line 17, after the word 45 additional? "expressage," to insert " bot'Se-drawn vehicle for t e of the 1914. CONGRESSIONAL RECORD-SENATE. 10387 s~ret:,1ry "; and in line 19. after the word "mai~tenance," to Mr. S.:\IOOT. It was a general fund; 1t was not a yearly insert "repair,'' so as to make the clause read: approprin tion. Contingent expenses, Department of the lnteriot·: The following sums, l\lr. OVEILllAN. Was not the fund in 1864 nn appropriation? which shall l::e so apportioned as to prevent deficiencies therein, namely: Mr. S:\IOOT. Before the appropriation bill for the fiscal year Fot· continl!ent expe ns~:-s of the office of the Secretary and the bureanR. 1914 Congress appropriated directly for this work and not under offices. and bnildln~s of the department, including $16.000 for the Civil Service Commission: Fm:nitnre, carpets, ice. lumber, hardware, 1lry the act as stated. ~oo<'ls, advertising, telegt·apbin~. street ear tickets not exceeding- 250, l\lr. OVER~IAX I do not object to the amendment, bnt I expre:o;sa~ e. hot·se-druwn vehicles for u!':e o~ the Secre?lry. wagons aJ?d wanted to get the information why it is that tha t fund, if there harness. moto1· trucl{s, moto1· cycles. and btcycles. mamtenance. repair, and exchange of same. food. forage. and shoeing of bot·srs, diagrams. is snrb a fund. dill not go back to the T1:easury on the 1st day awnings, filin2; and labor-sa vlng devices, constructing model and other of July, as the Law p-ro>ides. ca es and furniture. and other ab~olutel.v necessat·y expenses not here l\Ir. S:\IOOT. It was a general act. and-- Inbefore provided for. lncludtag traveling expenses, fuel anrt lights, typewriting and adding machines and exchange of same, $135,000. l\Ir. 0\'ER~I.AN. I understand; but we hnve a general act pro•iding that all moneys not used by July 1 of each year The amendment WHS agreed to. · shall go bnck into the Treasury. This appropriutes for tbe use '.fhe next amendment was. unrter the head of " Surveyors gen of a fund. It does not appropriate the money, as I under eral and their clerks," on page 114, after line 14, to insert: stand. The Secretary of the Interior Is hereby authorlzed to detail tempo i\Ir. S:\100T. No; the appropriation is a special fund for this rarily clerks from the office of one surveyor general to another as the necessities of the set·vice may requh·e. purpose: but the sperial art of 18CH spoken of prm·ides that a rart of the amount appropriated can be uRert for this particnlnr The amendment was agreed to. work. ann this is simply reenacting that law so th of July shall go back into- the Treasury of ·the United ·states. the Interior, bu this shall not affect· the status of the present incum· and then be reappropriated, if it is necessary; and that is what bent or require his reappointment. · ought to have been done in this case. There ought to be an The amendment was agreed to. appropriation ·for it, and that is what caned my attention to the The next amendment was, on page 123, liue 2, after " $5,000," matter. I am not opposing what the Senator wants to do. to strike out "Provided, That this change of title shall not affect Mr. l\IARTIN of Virginia. Then, let us get a long with the the status of the present incumbent or require his reappoint amendment, as we ate all agreed on it, and save time. ment" and insert "P1·ovided, That the title of Assistant Attor Mr. OVERMAN. I think I am doing good service by calling ney General for the Post Office Department is hereby changed attention to the fact that if there are any funds in the hands to that of Solicitor for the Post Office Department, but this · of any of these departments, they must go back into the Treas shall not affect the status of the present incumbent or require ury of the United States. his reappointment," so as to read: Mr. MARTIN of Virginia. In justice to the department, I Solicitor ~or the Post Office Department, $5,000: P1·ovided, That tha title of Asststant Attorney General for the Post Office Department is think, if the Senator wil1 reflect awhile, he will realize that a hereby changed to that of Solicitot· for the Post Office Department, but -special law takes supremacy, and can not be controlled by a thLs sh.all not affect the status of the present incumbent or require hi~ general law. Here is a specific provision that certain moneys reappomtment. shall be collected, and when collected shall be applied in a The amendment was agreed to. particular way. I do not think you can charge the head of tbe Mr. MARTIN of Virginia. Mr. President, the change in the department, who is doing exactly what that specific, special law nomenclature of those offices here will necessitate some changes requires, with violation of law. at other places. I send to the desk the amendments necessary 1\lr. OVERMAN. When there is a general law which says to accomplish that purpose, and ask that we may re\ert to the that all these moneys shall be turned back into the Treasury? parts of the bill to which they apply. Mr. MARTIN of Virginia. As a lawyer, does the Senator The PRESIDENT pro tempore. 'The Senator from Virginia think that a general law takes priority over a special law? offers certain amendments, which will be stated. l\Ir. OVEU:\IAN. Yes; I think it repeals the other law. The SECRETARY. On page 100, line 24, it is proposed to Mr. MARTIN of Virginia. It is an elementary rule of inter- strike out the words " Office of Assistant Attorney General," pretation that the special law shall prevail in such cases. . and insert in lieu thereof " Office of the Solicitor for the De Mr. OVERMAN. If what I am contending for were not so, partment of the Interior." there would be hundreds of these appropriations. Mr. BURTON. One quesp<>n about that, 1\fr. President. Is The PRESIDE~T _pro tempore. The question is on agreeing this language sufficiently clear? Is there not a board of to the amendment offered by the Senator from Utah [Mr. appeals in the Pension Department, as well as in the Land SMOOT]. Department? The amendment was agreed to. 1\Ir. 1\l.A.RTIN of Virginia. This has no relation to the board Mr. WILLIAMS. 1\Ir. President, I offer an amendment which of appeals. This is simply a change in the name of an officer. I send to the desk. I have just asked that this amendment be adopted. It is neces The PRESIDENT pro tempore. The Senator from Missis sary. sippi offers an amendment which the Secretary will report to 1\fr. BURTON. This board is designated as follows : the Senate. Three members of a board of appeals. The SECRETARY. On page 116, line 4, it is proposed to strike Is that sufficiently definite as to the work that they are to out " one $2,000 " and to insert in lieu thereof " two at $2,000 perform? As I understand, that is to be in the Land Office. each." 1\lr. MAR'.riN of Virginia. This amendment has no. relation The PRESIDENT pro tempore. That is an individual amend to that. It simply changes the title of the section. ment, and can not be considered until the committee amend 1\Ir. BURTON. I so understand it, but I was referring to the ments have been disposed of. The Secretary will lay aside the·. amendment already adopted. amendment until the c<>mmittee amendments have been com- Mr. MARTIN of Virginia. If the Senator will let me dispose pleted. · of this matter, then, if he wants to take up that one, very well. Mr. MARTIN of Virginia. 1\Ir. President, I had no authority I think it is sufficiently defined. There is no trouble in the de to offer that as a committee amendment, but I became satisfied partment. That is just the language that the department that it ought to be- adopted, so I did not object to its being wanted. This board of appeals will consider appeals of a offered by the Senator from Mississippi; but to observe the rule variety of classes. We can not, in this appropriation bill, go I think the Chair is entirely correct. into all the classes of cases that this board of appeals will have The PRESIDENT pro tempore. It will form a precedent to try and dispose of. That is an administrative matter, for which wiii give trouble if we do not adhere to the rules on this which the Secretary of the Interior will provide. occasion. The Secretary will proceed with the reading of the Mr. BURTON. Then, as I understand, they may take up bill. pension appeals? The reading of the bill was resumed. 1\fr. 1\IARTIN of Virginia. They can do so. That is my un- The next amendment of the Committee on Appropriations derstanding. was, tmder the head of "Post Office Department," on page 116, Mr. BURTON. Or appeals in the Land Office? after line 77, to strike out: Mr. MARTIN of Virginia. Anything. New· Washington, District of Columbia, post-office building: For 4 1\Ir. BURTON. Or in any bureau of the Department of the assistant engineet·s, at $900 each ; 4 assistant electricians, at $900 each; Interior? 10 elevator conductors, at $720 each ; 4 oilers, at $720 each; 22 watch 1\Ir. MARTIN of Virginia. That is correct. men; additional to two watchmen acting as lieutenant of watch, at $120 each; 15 laborers; 1 assistant plumber, at $720; 2 female laborers, The PRESIDENT pro tempore. The question is on agreeing at $480 each ; 15 charwomen; in all, $48,540. to the amendment. The amendment was agreed to. The amendment was agreed to. • Mr. MARTIN of Virginia. There is ·another change at an The next amendment was, on page 116, after line 15, to insert: other place on the memorandum I sent up, which tl;te Secretary Washington, D. C., new post-office building: For 3 assistant engineers, will notice. at $000 each ; 3 assistant electricians, at $!>00 each ; 8 elevator con ductors, at $720 each; 2 oilers, at $720 each; 12 watchmen; additional The SECRETARY. On page 116, line 3, it is proposed to strike to 1 watchma]l acting_ as lieutenant of the watch, $120; 12 laborers; out the words "Division of Assistant Attorney General " and 1 assistant plumber, l$720; 2 female laborers, at $480 each; 12 char to insert in lieu thereof "Division of Solicitor for the Post women ; in all $3a,840. Office Department." · The amendment was agreed to. The PRESIDENT pro tempore. The question is on agreeing The next amendment was, under the head of" Department· of to the amendment. Justice," on page 122, line 21, before the word "each," to strike The amenQ.:.1ent was agreed to. out "$5,000" and insert "$7,500," and in the same line, after The reading of the bill was resumed. the word "each," to insert "Solicitor for the Department of The next amendment of the Committee on Appropriations was, the Interior, $5,000: Prot;ided, That the title of Assistant Attor on page 123, line 15, after the word "interest," to strike out ney General is hereby changed to that of Solicitor for the De ",and no special attorney or counsel, or services of persons partment of the Interior, but this shall not affect the status of other than of those provided for herein, shall be employed for the present incumbent or require his reappointment,.. so as to such purposes." read: The amendment was agreed to. Office of the Attorney Genet·al : Attorney General, $12,000; Solicitor The next amendment was, on page 123, in line 18. before the General, $10,000; assistant to the Attorney General, $9,000; 6 As 1St· words "nt $3.500 each," to strike out "five ·· and insert "six"; ant Attorneys General, at $7,500 each; Solicitor for the Department of the Interior, $5,000: Pt·ovidcd, That the title of Assistant Attorney in line 18, after the word "each," to strike out "one, $3,250"; General is herel.Jy changed to that of SolicitoL' for the Department of in line 25, after " $3,000," to insert " clerk to the Attomey Gen- 1914. CONGRESSIONAL RECORD-SENATE. lO:j89 er:l1, $1,800 "; on page 124, line 2 before the words "of class '!'bat oot of the sum bereby appropriated tbere mny be expended ~2.000 for tbe employment cf an editorial assistant, and $1.600 for an editorial 4," to strike out "one" and iusert "two"~ and in line 18, nfter <'lerk, in Washington, D. C . to edit the reports of tbe field agents em· the words "in all,'' to strike out "$452,830" and insert "$463,- ployed under this appropriation. 880," so as to read: The amendment was agreed to. Attorneys-1, $3,750; 6, at $3,500 each; 14, at $~.000 each; 2, at The next amendment was, on page 132, after line 17. to insert: $2,500 eacb; assistant attOI'nPyS-1, $iJ.500; 2. at $:~.000 each; 2, at $2.750 each; 5, at $2,500 each; 1, $:.!.400; 2, at $2,000 ench; a!"slst:mt Co_!llmercial attacb~s, Department of Commf'rce : For commercial at· exnminer of titles, $2.000; chief clerk and ex officio superintendent of tac~es, to be appoint~d by the ~ecrl'tary of Commerce, without exami buildings, $3.000; supe1·intendent of bullding-s, $500; private SPcretary nation under the c!vrl-serviee rules, nnd to be accredited through tbe and assistant to the Attorney General. $H,OOO; cler·k to the Attorney State Depar:tment, whose duth•s shall be to Investigate and repor·t upon. General, $1.800; stenographer to the Solicitor General, $1,600; law such condltwns in the manufacturing indnRtries and trade of foreign clerks-3, at $:.!.000 each; 2 of class 4; ch•rk ln office of Solicitor of cou.ntr1es as may be of interest to the United Rtates; and for one cle.rk Internal Revenue. $1,800; attornPy in charge of pardons, $3.000: s•lper• to each of said commercial attaches to be paid a salary not to exceed intendent of prisons, $4,000; disbursin.!t cler·k, $2,750; appointment $1.500 each; and for necessary tra velin~ and subsi~;tPnce expPnses clerk. $2.000; chief of division of lnvestl~ation. $3,500; examiners-2, t·ent, put·chas~ of reports, travel to and from the United States. and ad at $2.500 {'ach: 4, at $2,250 each: 2. at $2.000 each: 3. at 1,800 each; o1 her neces~ary expenses not tnclu 1914. CONGRESSIONAL RECORD-· SENATE. 10391 :Mr. :MARTIN of Virginia. It is the general rule that they The next amendment was, on page 156, after lin~ 23, to strike are not to be employed for private use. out: . 1\Ir. VARDAMAN. Does not the Senator think that as a SEc. 6. _That all laws or parts of laws, to the extent they are incon rna tter of economy the law should be so amended now as to si~tent Wlth rates of salaries or compensation appropriated by this act, prohibit the use of these vehicles in that way and thus save are repealed, a?d the rates of salaries or compensation of officers or employees. herem appropriated shall constitute the rate of salary or an enormous expense to the taxpayers of the country? I am <:ompensation of such officers or employees, respectively, until otherwise opposed to providing Cabinet officers with carriages and auto fixed by annual rate of appropriation or other law. mobiles for their private use. M_r. ~URT~N. I should like to inquire the reason why this Mr. MARTIN of Virginia. We have endeavored to deal with section IS stricken out. Why is it not a necessary provision? this rna tter in the most effective way that is consistent with 1\II:. 1\IARTIN of Virginia. The provision the House put in economy and with justice. For the fiscal year commencing the provides that the last appropriation shall be treated as if it 1st day of July, 1914, and ending July 1, 1915, tliere is no were a general law. For instance, take the clerk of the Sena inhibition against repairing vehicles that the Government bas tor's com~ittee, the appropriation being made for him, Ray, at bought and which are now in service; but after the year ending $2,000; this provision made that a permanent law and gave that the 1st day of July, 1915, ordinarily referred to as the year clerk a right to $2,000. We struck that out, so as to leave Con 1915, they can neither repnir nor purchase them. They can gress free to fix from year to year the salaries as it saw fit. not purchase them at all after the passage of this bill, unless We did not think it wise-as the appropriations are frequently estimated for; but during the current year 1915 they can have made under peculiar circumstances-that they should be a per vehicles they now own repaired, if necessary. From July l, manent law of the 1and. We wanted Congress free to appropri J914. to July l, 1915, they can have them repaired, but after ate each year for the salaries such sums as Congress saw fit to thnt they can neither repair them nor purchase, unless they are appropriate. estimated for and Congress specifically appropriates for the !dr: BU~TON. It i~ based on the theory that in the appro purpose. In other words, after this first year, if an automobile priation b1ll the salaries might be higher or lower than the bre~1 ks down and has to be repaired, it can not be done unless salaries fixed in the statute, and it were better to lea•e it that thPre is an estimate of the cost and it is reported to Congress way, without modifying the existing law on the subject. and Congress appropriates for it. They can neither repair one Mr.. MARTIN of Virginia. That was the judgment of the nor operate one nor purchase one after the year 1915. We felt committee. that for the first year after the enactment of this law we would not forbid the repair of those now in use, but after this they Mr. FLETCHER. 1\Ir. President-- c ~m neither repair them nor purchase them nor operate them Mr. MARTIN of Virginia. I will say to the Senator from at Government expense, unless they first apply to Congress for Florida that some amendments were passed over and as soon the money to be used for that purpose, explaining exactly how as they are disposed of-- ' they are going to use the machines and what they are going to The PRESIDENT pro tempore. The Senator from Florida cost. may desire to address the Senate on this particular amendment. So I think we have cut right into the roots of this habit. The Chair has not discoT"ered the purpose for which be rose. T.bere bas been some nbuse, but there is a necessity for auto Mr. FLETCHER. I was going, if in order now, to offer an amendment. m~biles and carringes in the Go•ernment service, and when that necessity exists all that we provide is that parties feeling that The PRESIDENT pro tempore. The question is on agreeing it is necessary must make an estimate and report to Congress, to the amendment of the committee. and unless Congress makes the appropriation for the purpose Mr. MARTIN of Virginia. Several committee· amendments they can not buy them. They have been buying them out of have been passed over, and we want to return to them. the contingent fund and getting these machines without the The PRESIDENT pro tempore. Unless there is objection knowledge of Congress. I do not mean that they did it sur the pending amendment will be considered as agreed to. It i~ reptitiously or wrongfully, but the habit has obtained in the agreed to. That completes the committee amendments, except Government service to buy such things out of the contingent those reserved from time to time by Senators. The Secretary fund. We have put a stop to that. will report them in the order in which they were reserved. Mr. VARD.A~fAN. I want to commend the chairman of the The SECRETARY. The committee sent to the desk an amend committee for the effort he has made to stop this abuse. rt has ment to insert, on page 54, after line 21 : grown to an al ~ rming and most burdensome extent. Just why To pay to Thomas P. Kane the difference between the compensation a_llowed by law for the Comptroller of the Currency and the compensa Congress ever felt that it was necessary and proper to furnish tion allowed by law for the Deputy Comptroller of the Currencv · for the Ca~inet officials and heads of departments with carriages services as Acting Comptroller of the Currency from april 28 't913 and T"ehicles to be used by themselYes and their famiUes I can wheJ?- t~e office of the Comptr~ller of the Currency was vacat~d, and not understand. It is an unwarranted · prodig~lity of public continmng as long as tbe duties and responsibilities of said office of the Comptroller of the Cul'l'ency shall devolve upon said Thomas P. funds and ought not to be done. If it is proper to give the Kane as Acting Comptroller of the Currency, such an amount as may Secretary of State, the Secretary of War, the Secretnry of be necessary to be paid from the $5,000 appropriated for salary of t he Labor, nnd othPr Cabinet officials and heads of departments Con:rptroller of the Currency by the act of August 23, 1912 ( 37 Stat. L., p. 377), ft>r snch part of such services as may be rendered during the automobiles and carriages and furnish men to take care of them fiscal year ended June 30, 1913 ; and such amount as rnay be necPssarv wl':v should we not furni!':h Senators and Members of the Ron!'<~ to be paid from the $5',000 app-ropriated for salary of the Comptrollei· It of the Currency by the act of March 4, 1913 (Stat. L., p. 756,, for of Representatives with these luxuries? can not be justified such part of such services as may be rendered during the fiscal year except upon the theory tbnt we are drifting to a regal form or ending June 30, 1914. system of government and forgetting our obligations to the tax p l yers. Every additional expense of this character takes from The PRESIDENT pro tempore. The question is on the the toilers of this land some of the necessaries of life and in adoption of the amendment offered by the Senator· from Vir creases the hardships which every struggling boy and girl in ginia. this Republic is compelled to carry in the race of life. There Mr. SMOOT. Mr. President, I suggest the absence of a was never in the history of this Republic a greater demand for quorum. . economy and retrenchment in public expenditures than now. The PRESIDENT pro tempore. The Senator from Utah sug I wnnt to 8ene notice now that from this time on I am going gests the absence of a quorum. Let the Secretary call the roH. to fight for the correction of this abuse. I do not want to do The Sacretary called the roll, and the following Senators an anything thnt wi11 cripple the service. When the vehicles are swered to their names: \ used by the Government and in the interest of the business of Borah · Gore Norris Smith, .Mich. Br·ady Hollis O'Gorman Smoot the •arious departments I have no objection. I am perfectly Bt·andegee James Overman Stephenson willing that the Goyernment shall have them, but that they Bryan Johnson Page Sterlin o- Burton Jones Perkins Stone .., should be proYided as luxuries for Cabinet officers and the beads Chamberlain Kenyon Ransdell Sutherland of departments is indefensible: Here we are · making a fuss Chilton Lane Root '.fhomas about the paying of mileage to Members of the House and Clapp Lee, Md. Shafl·oth Thornton Clarke. Ark. McCumber Sheppard 'l'illman Sen:t te. :md yet these things are furnished the other departments Crawford Mat·tin, Va. Sherman Vat·daman here that are tenfold greater in cost than this little piece of Cummins Martine, N. J. Shively Wan·en lngnia ppe-which renlly is not lagniappe at all, but rather a Dillingham Nelson Simmons white p:t rt of the compensation or salary of Members of Congress. Fletcher Newlands Smith, Ariz. Williams We need to go bnck to the good old days when Democratic sim The PRESIDENT pro tempore. Fifty-two Senators having plicity characterized the conduct of the officeholders of this answered to their names, a quorum of the Senate is present. n ep11blk - Mr. SMOOT. l\Ir. President, I wish to call the attention of The amendment was agreed to. the Senate to tills proposed amendment, and I should like to LI-655 !f CONGRESSIONAL .RECORD-SENATE. JUNE 13, have them eonsider it very carefully before e-rer they vote to put a by resignation or by dea.tb., and -during the vaeancy in the office pro-rision of this kind into an appropriation bill. Mr. Thomas any substitute shall be paid the compensation -due the principal, P. Kane is Deputy Comptroller of the Currency. The Comp and not tlle compensation due the person who mny ha \'e served troller of the Currency, I beHeYe, was Mr. Murray, who re as a substitut-e in that particular place. signed over one year ago. Upon his resignation the office was Mr. President, :tl:u~re i.s not a Sen~tor who does not h'Dow tha.t not filled by appointment of the President. I believe it is uni correspondence comes from the departments ot this Gof'ern· versally conceded by everyone that the .appointment was not ment signed by the Acting Secretary of the Interior, by the Act made by. th~ President of the United States for the reason that ing Commissioner of the General Land Office, by the Acting he desired. that Mr. John Skelton Williams sh. signs; be goes away, and leaves the office, and draws his salary to call the t·oll. I just the same. Not only bas this been done in this adminis Mr. CH.AMBERLAI~ (when his name was called). I have a .. · tration, but W. other adminlstrations. In Mr. Murray's case general pair with the junior Senator from Pennsylvania [l\Ir. I believe be did resign, and the whole work devolved upon .Mr. OLIVER]. 1 transfer that pair to the Senator from Oklahoma Kane. {Mr. OwEN] and :vote "yea." Mr. SMOOT. I have not said, nor intimated, that Mr. Kane Mr. CHILTON (when bis name was called). I have a general is not n capable man or that he did not fill the position in a pair with the Senator from New Mexico {.1\Ir. FALL], bot I perfectly satisfactory manner. That is not the question in transfer that pair to the Senator from New Jersey [:\Ir. TOl>ed in this case. It is a deeper question than that; it is HuoHES] nnd vote .... yoo." a recognition by Congress that wherever there is a vacancy in Mr. SAULSBURY (when his name was called). I tran:sf:er an office in the Go-rernment of the United 'States that becomes so my pair with the junior Senator f-rom Rhode Island [Mr. CoLT] • 1914. OONGR . ESSIO~_._L\..L RECORD-SENATE. 10393 - to the junior Senator from Ohio [Mr. PoMERENE] and vote NAYS-17. ".rea." Brandegee Jones Smith, Ariz. Stone Bryan ~Ir. SIMl\10NS (when his name was called). I have a Root Smith, Mich. Thomas Clarke, Ark. Shafroth Smoot genernl pair with the junior Senator from Minnesota [Mr. Fletcher Sheppard Stephenson CLAPP]. I therefore withhold my vote. James Shively Sterling 1\Ir. STONE (when his name was called). I have a general NOT VOTING-47. pair with the Senator from Wyoming [1\lr. CLARK]. I do not .Ashurst duPont Lodge Sherman lmow how he would Yote if present, and I therefore withhold Bankhead Fall McLean Shields my Yote. Borah Gall inget· Nelson Smith, Ga. Brady Go!I Newlands Smith, Md. l\fr. WILLIAMS (when his name was called). I have a pair Burleigh Gore Oliver Smith, S.C. with the senior Senntor from Pennsylvania [Mr. PENROSE]. I Catron Gronna Owen Sutherland trnnsfer that pair to the junior Senator from South Carolina Clapp Hitchcock Penrose Townsend Clark, Wyo. Hughes Pittman Walsh [Ur. SMITH], nnd ask thnt this announcement, both of the pair Colt Kenyon Poindexter Weeks and of the transfer, ~tand for the day. I vote "yea." Culberson Kern Pomerene West The roll call was concluded. Cummins Lea, Tenn. Reed Works Dillingham Lippitt Robinson 1\lr. DILLINGHAM. I have a pair with the senior Senator from 1\Inr.rland Pir. SMITH], ann therefore withhold my vote. So the amendment of 1\Ir. MARTIN of Virginia was agreed to. I desire the announcement to stand for the day. l\fr. BRAl\l])EGEE. l\Ir. President, I mo\e to reconsider the 1\lr. CRAWFORD. I desire to know whether or not the senior action.of the Senate in adopting section 4, on page 153. Senntor from Tennessee [1\Ir. LEA] has voted? Mr. MARTIN of Virginia. I think. under the unanimous-con The PRESIDENT pro tempore. He has not voted. . sent agreement, we ought to finish the committee amendments, 1\Ir. CRAWFORD. I have a pair with that Senator, and and then the Senator can offer his amendment. therefore withhold my vote. The PRESIDENT pro tempore. The committee amendments Mr. JOH:\'SOX I have a general pair with the jun: ~ r Sena have not yet been disposed of. tor from r""orth Dnkot:a. [1\lr. GRONNA]. I now tran ~,.._e r that l\Ir. BRANDEGEE. I did not know there had been such a pair to the junior Senator from Indiana [Mr. KERN] and vote. unanimous-consent agreement. I vote ".rea." Mr. MARTIN of Virginia. We are working under a unani 1\Ir. SHE\10?\S. I transfer my pair with the junior Senator mous-consent agreement. from l\Iinnesota [1\Ir. CLAPP] to the junior Senator from Ne Th,e PRESIDENT pro tempore. The Secretary will state the v~ldn [1\Ir. PITTMAN] and vote "yea." next reserved amendment. 1\Ir. J Al\IES. I have a general pair with the junior Senator The SECRETARY. At the top of page 60, it is proposed to in from l\Iassachusetts [~Jr. WEEKS], and therefore withhold my sert the following : vote, unless it be necessary to make a quorum, in which case For investigation and experimentation and to secure better methods I shall vote. of administration, with a view to increased efficiency or to greater ~conomy in the expenditure of public money, lnch1ding necessary travel 1\Ir. 1\IYERS. I desire to announce that my colleague [Mr. mg expenses, in connection with special work, or obtaining of better WALSH] is necessarily absent from the city and is paired with adminish·ative methods in any branch of the service within or under the Treasury Department, Including the temporary employment of the Senator from Rhode Island [l\Ir. LIPPIT'.r]. This announce agents, stenographers, accountants, or other expert services either ment may stand for the day. within or without the District of Columbia, $20,000. ' 1\Ir. S)IOOT. I desire to annou~ce that the Senator from Delaware fl\Ir. nu PoNT] is paired with the Senator from Texas The PRESIDENT pro tempore. The question is on agreeing [i!Ir. CULBERSON], that the Senator from New Hampshire [Mr. to the amendment. • GALLINGER] is paired with the Senator from New York [l\Ir. l\fr. SMOOT. Mr. President, I do not want to take the tim~ O'GoRMAN], that the Senator from Massachusetts [1\Ir. LoDGE] of the Senate this hot Saturday afternoon to discuss this ques is paired with the Senator from Georgia [l\Ir. SMITH], and tion. I thought it had been decided not to report the amendment that the Senator from Connecticut [l\Ir. McLEAN] is paired on this b~ll. It does seem to me, in just as few words as I with the Senator from Montana [1\Ir. MYERS]. can possibly state the matter, that it is an amendment having The PRESIDENT pro tempore. The Chair will state to the no other purpose than the creation of a few more offices. We Senator from Utah that the junior Senator from New York have had investigation after inve«tigation upon this very sub [Mr. O'GoRMAN] seems to ha>e >Oted. ject. I have seen very little good come from them, although they have cost hundreds of thousands of dollars in the past. 1\!r. SMOOT. I am informed, Mr. President, that he has a Further, I desire to say, Mr. President, that this is only one genernl pair with the senior Senator from New Hampshire step; it is the beginning of a new examination. [.Mr. GALLI TGER] . though my information may be wrong. l\Ir. :MARTIN of Virginia. Mr. President, I am sure the Sen The PRESIDENT pro tempore. The junior Senator from ator must be aware of the fact that this item has been carried New York i recorded ns having voted. in the bill for five years-three years, I think, at $75.000 and Mr. O'GORl\IAN (after having voted in the affirmative). I then for two years at $20,000-so that it is not the beginning transfer my pair with the Senator from New Hampshire [Mr. of anything; it has been in existence for fi >e years, certainly. GALLINGER] to the junior Senator from Tennessee [Mr. SHIELDS] Mr. SMOOT. Then it is simply extending the last move and will let my >Ote stand. toward an investigation of this kind. I will state, Mr. President, that at the time I voted I had not observed the absence of the Senator from New Hampshire Mr. MARTIN of Virginia. If the Senator will excuse me, I [l\lr. GALLINGER], with whom I have a general pair. ·am sure that this is not intended simply to undertake an in vestigation. It is essentially a contingent fund, and it is th~ Mr. WARREN. I wish to announce that my colleague [l\Ir. only place where a contingent fund is provided for the use of CLARK] is unavoidably absent. He stands paired with the the Secretary of the Treasury. Under the language of the Senntor from Missouri [Mr. STONE]. I make this announce amendment he can use this fund for any of the purposes for ment for the day. Mr. STONE. I transfer the pair I have with the Senator which a contingent fund is ordinarily used. He speaks of it from Wyoming [l\Ir. CLARK] to the junior Senator from Arkan as a contingent fund, it is known as a contingent fund, and it is sas [1\Ir. RoBINSON] and vote "nay." intended to be used as a contingent fund. l\fr. JAl\IES. The undP.rstanding between the Senator from Mr. SMOOT. Mr. President, the amendment says specifically: Massachusetts [1\Ir. WEEKS] and myself is that, in case· either For investigation · and experimentation and to !';ecure better methods of administration, with a view to increased efficiency or to greater of our votes is necessary to make a quorum, the pair does not economy in the expenditure of public money, including necessary apply. Therefore I vote "nay." traveling expenses. in connection with special work, or obtaining of Mr. CRA.WFORD. I transfer my pair with the senior Sen bettE-r administrative methods In any branch of the service withill or· under the Treasury Department, including the temporary employment ator from Tennessee [Mr. LEA] to the junior Senator from of agents, stenographers, accountants, or other expert services, either California [Mr. WoRKS] and vote "yea." within or without the District of Columbia, $20,000. The result was announced-yeas 31, nays 17, as follows: There is no contingent fund there. The provision does not so YEAS-31. state, and I do not so understand it. Bristow Lane O'Gorman Thompson Mr. MARTIN of Virginia. Well, 1\Ir. President, I so under Burton Lee, Md. Overman Thornton Chamberlain Lewis Page Tillman stand it. It embraces almost every contingency that can Chilton McCumber. Perkins Vardaman possibly arise; and the amount carried is to be used and has Crawford :Martin, Va. Ram dell Warren always been used by the Secretary of the Treasury as a con Hollis Martine, N. J. Saulsbury White Johnson :Myers Simmons Williams tillgent fund. La Follette Norris Swanson Mr. SMOOT. For purposes other than those enumerat_ed? • 10394 CONGRESSIONAL RECORD-SENATE. JUNE 13, l'lfr. l\I.ARTIN of Virginia. Everything is enumerated. Thert:' ment. and more than useless to the country, for it could not be is hardly anything that is not embraced under the broad and relied upon. comprehensh·e language employed. It may be used for any- It seems to rue we are steadily and persistently violating the thing that will better the service of the Treasury Department. spirit of the civil-sen-ice law in passing appropriation bills of The ingemtity of man can not make a more comprehensive late. I should like to know bow many men bnve been de authorization than is made in this nmendment. moted and how many men have been dismissed from the Gov- 1\Ir. S:\IOOT. Mr. President, I have neYer understood thut ernment service while under civil senice in all of the depart this was a contingent fund, and if it is I think it ought to be ments of the Government. I think it would be a long, long list. made a direct approprintion for a contingent fnnd to be used I did have occasion to look into the promotions and demo- by the Secretary of the Treasury. tions in the Government Printing Office, and I haYe been rather 1\lr. MARTIN of Virginia. I am sure the Senator is under surprised at that inYestigation. It has been charged upon this a misapprehension. The language of the amendment is rather floor a numtier of times of lnte, and particuhuly when we were peculiar, but it is the stereotyped language that has been used discussing the question of demotions of the old soldiers in the for years. The Secretary of the Treasury speaks of it as a con- departments of the Government, thnt it had been done in the tingent fund. He says it is the only fund that will enable him pnst by past administrations, nnd that no Democrats in any to meet any contingent demand that may be made upon him. of the departments stood any show whatever of retaining their It has slways been used, I think, as a contingent fund; that is posltlons under a RepubHcan administration or of reL.'l.ining the what it is intended for; Utat is what it will be used for; and amount of salary they were drawing at the time they were the l::mgunge here is broad enough to include any contingency serving under a Democratic administration. thnt may arise in tile work of the Treasury Department. 1\fr. President, I have a list of the employees of the Govern- 1\Ir. SMOOT. I am not objecting to a contingent fund for ment Printing Office holding preferred positions only with the SecretRry of the Treasury. salaries ranging from $1,400 to $2.500. During all the last Mr. MARTIN of Virginia. That is all this ts. Republican administration, and while the Republicans have Mr. S1100T. But I want to say, Mr. President, that the Ian- bet:'n in power, these preferred positions, 29 in number, have gunge here employed does not express, even in the faintest way, been held by Democrats. I wish to say now that as long as I that this appropriation is for a contingent fund, for it spe- 1 was chairman of the Joint Committee on Printing of the two cifically states just what it is for. This is the first time I have Houses and chairman of the Printing Committee of this body, heard that it is to be used as a contin~ent fund. the only man in behalf of whom I eYer appealed to the Presi- 1\fr. President, I am not going to ask for the yeas and nays dent of the United States for reinstatement because I thought on the amendment, but I want the Senate to decide if they want he had been wrongfully demoted was a Democrat. to put this ::~mount in this appropriation bill in this way. I ha,~e the names, the positions held, and the salaries paid The PRESIDING OFFICER (1\!r. JAMES in the chair). The these 29 men who baYe served for years in the Government question is on agreeing to the amendment reported by the com- Printing Office. I shall ask to have the list of names printed mittee. without reading. The amendment was agreed to. The PRESIDING OFFICER. Without objection, that will The PRESIDING OFFICER. The Secretary will state the be done. The Chair hears none. next amendment reserved. The matter referred to is as follows: The SECRETARY. The next amendment passed OT"er is on page 132, after line 17, to insert: · Prc{c1Ted situations hela by De~~~1rJ:~~ tmder the RezmbHca.n aclminis· Commercial attachtts, Department of Commerce: For commercial at taches, to be appointed by the Secretary of Commerce/ without exami Name. Position. Dfltion under tbe civil-service rules. and to be accred ted through the Salary. State Department, whose duties shall be to investigate a.nd report upon such conditions in the manufacturing industries and trade of foreign countries as may be of interest to tbe United States; and for one T. Franklin Morgan.••••.•••. Foreman and foreman of printing •••••••. f~·~:88 clerk to each of said commercial attaches to be paid a salary not to exceed $1.500 each ; and for necessary traveling and subsistence ex Robert W. Summers .•••.•••• Cbier jacket writer .. _•.•••.•. ---·-·····-- 2:250.00 penses. rent, purchase of reports, travel to and from the United States, Edward J. Wilver. ..•...... Cashier and paymaster...... 2,500.00 and all other ne,essarv expenses not lncludf'd In tbe foreg-oin.e"; such Wellington M. Nelson ..•...•. Paying teller ••••. _. _____ .--··-···-····... 2, 000.00 commercial attach~s shall serve directly under the Secretary of Com Cbar~es H. Welsh .. --- .... --- Estimator and jacket writer .... ·-·-··· .. _ 2, 000.00 merce and shall report directly to him, $100,000. ~~~~l:B:?W;!n:::::::::::: :::::~~:::::::::::::::::::::::::::::::::::: ~:~:~ .Mr. KEl\TYON. Mr. President, I make the point of order as George Lamb ..... --·--··-... Assistant storekeeper-----·· •.••....•.... _ 2,000. 00 John L. Alverson •••••.••••.. Clerk...... 1,800.00 to that amendment that it is new legislation attached to an Seward T. Covert ••.•. --..... Assi~ant accountant •.• _.• _...• _.•..••.. _ 2, 250.00 appropriation bill. Mr. 1\IARTIN of Virginia. I call the nttention of the Senator from Iowa to the fact that this is regularly estimated for by ~~~r·~~~~: ::::::::: :::: :~~: ::::::::::::::::::::::::::::::::::: t~: ~ James W. Vanars?.ell.- .. ".-- Com£uter _ .•• __ ••..• ____ .•• _•. _.. _...... 1, 878.00 the department, and it can not possibly be subject, in my judg ment, to any point of order. It is an appropriation pure and simple, for a worthy purpose, too, and estimated for by the Secretary of Commerce. l\1r. KEXYO~. If the words "without examination under the chi.l-service rules " were stricken from line 20 it might be a most estimable provision. With those words in, it seems to me it is Yery faulty, and those words in themselves make it ~~~~!!!l!!!lWilliam H. \Yeber ·---·-· -·-- !i~lll~J!!i!!!!!!!!!!!!!!!!l!!!!!!!!Charge of section ••• _·····---····-·-______!ill1, 752.80 Harry R. Christie •. ------_ ..... do.------·----· __ ·-·-··------1, 752.80 new legislation. Dani~l V. Chisholm .... ··-- __ Press revi:;er ..••••.. ··--- ____ ..•..•. __ -·- 1,627. 60 The PRESIDD.'G OFinCER. The Chair holds that the item Archibald Edmonston ••• ---- Jacket wnter _--· ____ -··-·----- ____ . __ . __ _ 2,000. 00 wns estimated for hy the department and has been reported by William W. Taylor •••. ··---- Binder in charge •••.. ---·--·-·······-···· 1,502.'10 a stnnding committee. The point of order is. therefore, over E. F. Flamgan •••..•...•...... do .. ·--····-·------····-··-·-··---- 1,502.ill ruled. The question is on agreeing to the amendment. 1\fr. S:.UOOT. 1\lr. President, as an amendment to the com- 1\!r. SMOOT. In pnssing:, I wi~h to sny that. I ha\e not mittee nmendment, I moYe to strike out the words "without tnken u name with a salary less thnn that of a clerk drawing examination under the cidl-ser\ice rules," on page 132, line 20. $1.400. They are all preferred positions. I thlnk of all the The PRESIDI:NG OFFICER. The question is on the amend- d~partments of our GoYernment thnt grent printing esbtllish ment of the Senntor from Utah [Mr. SMooTl to the amendment ment, the best one in all the world, should employ nothing but reported by the committee, which the Secretary will state. the >ery best of skilled labor, and it has been done in tlle past. The SECRETARY. In the committee amendment on page 132, I.et me cnll attention to what bas l>een done by way of line 20. it is proposed to strike out the words "without exami- demotion, and also by wny of promotion. I hold here a list nation unrter the ciYil-ser>ice rules." of the nnmes of some 50 to 60 employees, showing their posi- Mr. S~100T. l\Ir. Pre ident. I wish to sHy that I belieYe those tions. their salaries, the salaries to wllich they were reduced, words sllould not be included in this amendment. I can not see 1 :md tbc decreases in the snlaries. In pnssing, I wish to why the appointments U111t will be made under this amendment sny tbat every single one of them is a Republic;m, nnd e,·cry should not come under the rivil-senice rules ns well ns other one of these demotions bas taken plnce within the last year. appointments thilt may be Jn'lde iu the GoYernment serYice. and I r.sk thnt thnt list mny be twinted without rending. in fact there is more reason why they should do so. because 'Ibe PllESIDIXG OFFICER. Without objection, it is so this is a pnrticnlnr Hue of work wbicb, unless the person ap-1 ordered. The Chnir bears noue. point~ is qun.lified, will be absolutely useless to the Govern- The matter referred to follows. 1914. CONGRESSIONAL RECORD-SENATE. 10395 REDUCTIONS. {All reduced are Republicans.), Namt'. Position. Salary. Reduction t.o- Sa lory. State. DE>crease. John R. Ben: ...... •....•...... ••...•.•...... Superintendent of work •••. $3,600.00 C'opvedttor ..•..•••.•.•...•. 11,627.60 Nebraska .••••.... $1,972.40 CHh_asc.· ME.cMl_aalrlpaasnd·i·.·.. ·• .. ·.·.·.·.·.·.·· .. ·.·.·.·•·.·.·.·•.· .• ·•·• .. ·.·· .. ·.·.·• •. ··. Foreman 2,500.00 Bookbinder...... 1,252.00 Indiana ...... •... 1,248.00 Forem.an pressbindin~...... work ••••... . .•...... •.•...•...... •.•...... Arthur E. Oarker..•.•..•.•..•.....•...•...... ••... Store'.-eeper...... 2,500. 00 C'lerk...... 1,400.00 New York .•••.... ····i:ioo:oo L.P.Kenney ..••...... •...... Foreman ...... 2,25000 Ya''er·lll'··················· 1,1i0 '.40 Nehra.'l ka ...... 747.60 H. G. Brown ...... •...... Estimator in charge...... 2,250 00 Fstimator...... 2,000. 00 Penns"'] ania .••.. 250 00 T. J. Rowe ...... •.••..•...... •.. Foreman...... 2,250 00 Proof reader...... 1,502.40 Minnesota..• ...... 747.60 J. W. Michael ••••...... •...... •...... do...... 2, 250 00 .. .. . do...... 1,E02. 40 New York .•••.... 747.60 E. E. Cal hoon .•...... Jac'.-et writer...... 2,000 00 'Ma '< er-up...... 1,502.40 0 11lo ...... 497.1i0 B. W. Ziectler .•...... •...... •...... Foreman...... 2,?t0 00 Compositor...... 1,252.00 New York ...... 998.00 W. H. 1 is 'ler ...... do...... 2,000.00 Proofreader ...... 1,.~02.40 Pe~nsvhania ..•.. 497.60 247.20 N: ~: ~~r~~~~~~:::::::::::::::::::::::::::::::: ~~~~~~/.~r_e~~:::::::::: ~:ggg-gg ~:!:~? r~a'tei::::::::::::::::: ~:~~:!8 ~!~:~l~ruiia::::: 497.60 D. J. Roberts...... As-;i'ltant foreman...... 2,000 00 ....•do...... 1, i502. 40 Kansas ..•...... 497.60 L. D. Rrandon .••..•...•...... •...... •.....••..•.. Foreman...... 2, 250 00 ••..• do...... 1,.102.40 Iowa ...... 747.60 J. H. W. ThrusfJ ...••...... Comnuter...... 1,117!l.OO . . ..• do...... 1, 502.40 Pennsyl!;-ania .••.. 375.60 .Art'mr M. Ru~den 1...... Assistant foreman...... 2,000 00 Chas. E. Slentz •...... do...... 2,000 00 ·iiai.er.ul:iim Mr. S::\fOOT. I hnve here another list showing the names. the I nsk thnt thnt may be printed in the RECORD. po itions. the snlnries to which increases were m::1de. and the The PRESIDING OFFICEH. Without objection, the list will amounts of incren es. I wish to say to the Senate that every be printed. The Chnir hears none. and it is so ordered. one of that long list of names is a Democrat. The matter refened to is as follows: PROMOTIONS. (All promote1 are Damocrats.J NamP. Pcr.-it.ion. Salary. Promotion to- Salary. Stnte. In.::r~se. Daniel V. Chisholm . . . . . • ...... • ...... Pres<; revi.,er ..•...... 11,627. fiO Superintendent of work ..... S3,f.OO.OO ·South Carolina.. .. S1,972. PROMOTIONS-continued. Namo. Position. 6alnry. Promotion to- Salary. State. Inc:renSf'. J. A. Lednum. .• ...... • . . •• • . • • . • . . • ...... Pressman ...... $1,377.20 Assistant foreman •...•...... ~2, 000. 00 Maryland ...... "'622. 80 A. J. Arnold ...... Deskman ...... 1,627.60 ..... do ...... 2,000.00 New York ...... 372.40 Edward P. Butscher ...... Bookbinder ...... 1, 2.52. 00 Binder in charge ...... •.... 1, 502. 40 Pennsylvania .... . 2.5().40 1, 502. 40 Chief reviser ...... 1,6Z7.60 · Maryland ...... 125.20 1, 502. 40 Assistant foreman ...... 2, 000. 00 North Carolina .. .. 497.60 r~~:t:B:~~~~~~:::::::::: ::::::::::::::::::::: .::i{:~:::::::::::::::: 1, 252. 00 Maker-up ...... 1, 502. 40 Maryland ...... 250.40 1,252.00 Deskman ...... 1, 752. 80 Kentucky ...... 500.80 1, 502.40 Bookbinder in charge ...... 1, 752.80. Missouri...... 250.4') 1, 252. 00 ..... do ...... 1, 502. 40 Nebraska ...... 250.40 f.~-~~~2::~:~:~::~:~~~: ~:::: :::: ::::~ ~~: :: :~~~~~~~~~~::::: :: 1, 252.00 ..... do ...... 1, 502. 40 Pennsylvania .... . 250.40 L. R. Lippincott...... Proof reader ...... 1, 502. 40 Assistant foreman •...... 2, 000. 00 Delaware...... 497.60 1\Ir. Sl\IOOT. Mr. President, I do this not for the purpose Mr. SMOOT. I simply wish to say, however, that if civil· of criticizing this particular amendment, but for the purp?se service is a humbug, we ought to aboliSh it entirely; but if it of showing to the Senate that it is following out a pollcy is a SQccess, and if we do believe in it, then we ought to adhere already well under headway. The attack that has been made to it strictly and not violate the spirit of it. upon the civil service in a number of appropriation bills that If it can be proven to Congress that it is as represented by have been considered by this body of late is but a part of a the Senator from North Ca-rolina, the qu-icker we do away with concerted move and is exercised in e-very department of the it· the better; but as long as it is the policy to make appoint Government. ments under the civil-service law, I believe it ought to be ad I am one of those who believe that wherever there is an hered to, and adhered to strictly. I believe the examinations appointive office not under the civil sen-ice the President ought that will be made under civil-service rules for these particular to appoint Democrats. I think they are entitled to the posi place·s will be such, and the req_u.ixements such, that they will tions. I ne:rer have objected, and never shall object, to such have to puss an examination that will at least show that they appointments, for I think, unless the laws specifically provide are qualified not only as to the conditions of business in this that it shflll be a bipartisan commission, in which the Presi country, but the conditions of business of the country to which dent is di-1:ected, of course, to appoint men of both political they are assigned. I think the civil-service examination of men parties, he does nothing more than his ·duty if he sees that to be appointed under this provision would bring that about. every office is filled by a Democrat: I say this because I be 1\Ir. WILLIAMS. l\Ir. President, the other day, while we were Have it. I say this because I believe the Republicans, when ·discussing this question of demotion and dismissal from the in power, should have followed the same ide~tical rule. . It public service, I put in the RECORD the names of those who had does seem t9 me, however, that if we are gomg to appomt been demoted or dismissed from March 4, 1897, to December 31, commercial attaches to serve in foreign countries for the pur 1898, during that period of the beginning of Mr. McKinley's pose of collecting information to be dis~eminated to the bu~i administration. At that time I did not have the letters of the ness interost::? · of this country for the purpose of basing their companies and the numbers of the regiments of the soldiers. future business transactions upon, the work ought to be per Since that time I have secured that information. 'formed and reports made by persons selected by the Civil This is only i.n one bureau, to wit, the Pension Bureau. Since Service Commission. then I have prefaced that list with a stntement of the statute, This is not a political question. We ought to secure the very of the Attorney General's opinions concerning its construction, best men there are in the United States for this work. We the regulations of the Civil Senke Commission, and the de ought to select the men who are particularly qualified, and cisions of the Supreme Court in passing upon it; doing it all, not only qualified but qualified with a special degree of knowl however, in a bird's-eye way, by means of references for the edge and understanding of the different m?des of man~factur most part, and making only six pages of letter paper. ing and the distribution and the marketmg of the different I ask unanimous consent that the list of the soldiers, with classes of goods that we ~"'q)ort to foreign countries. their companies and regiments, and this preamble or statement 1\Ir. OVERMAN. 1\Ir. President-- to which I have just referred, may go into the REcoun. The PRESIDING OFFICER. Does the Senator from Utah The PRESIDING OFFICER. Is there objection? The yield to the Senator from North Carolina? Chair hears none, and it is so ordered. 1\fr. SMOOT. I do. The matter referred to is as follows: Mr. OVERMAN. Does the Senator think we will get that kind By section 1754, Revised Statutes, persons honorably discharged of men under the civil service? from the military or naval service for disability originating in line of duty are to be preferred "for appointment to civil offices." provided Mr. S:\IOOT. I certainly do, 1\fr. President. they possess the business capacity necessary to a proper discharge of Mr. OVERMAN. How? Just because they can read and the duties of such offices. The preference conferred by this section was write and spell, and probably speak one foreign language? expressly continued by section 7, act p_f Janua.~:y 16, 1883 (22 Stat. L., That is about the kind of examination they have to stand. 406), commonly called the " civil-service act." Tbe Attorney General (17 Op. Atty. Gen., 194} construed section 1\Ir. SMOOT. I do not so understand it. I have more confi 1754, Revised Statutes, to mean that tbe persons therein mentioned dence than that in the Secretary of Commerce. are not exempted from liability to examination for admission to the civil service, but that they are entitled to a preference for appointment Mr. OVERMAN. • He has not anything to do with it. The as against other persons of equal qualification for the place. Civil Service Commission sends him the first three men on the The Civil Set·vice Commission (Minute of Commission, April 18, list. and if he administers the law according to its terms he 1896) has decided that preferenc.e undet' s.ection 1754, Revised Stat utes appUes only to original errtrance to the service. selects one of the three. The prefere.nce in appointment to .positions in the civil sen-ice of the 1\Ir. SMOOT. They always have done that. United States of a certain class of honorably discharged persons baY· Mr. OVERl\1Al~. You have not been administering it in that ing been fixed, Congress !"OQn made provision for their retention by the act of AugliSt 15, 1876 (19 Stat. L., 16!>), wherein such persons way. If he administers the law as it has been administered are given protection in the matter of a compulsory reduction of the while your pa.rty was in power, if the man making the appoint force employed in any executive department, the statute providing ment does not like any of those three, he will send for three " that in making any reduction of fOJ:ce in any of tb<> executive de· J:''l.rtments t be head of such department shall retain those persons wbo more. I have known them to go down through 15 in order to m.'l.y be equally qualified who have been honorably discharged from the get their own man. That is the way they have been administer- military or naval service of the United States, and the widows and ing the law. · orphans of deceased soldiers and sailors." In passing upon the statutes above referred to the Attorney General l\Ir. SMOOT. I never have found it that way in my ex bas held (27 Op. Atty. Gen., 490) : perience. " Ex-soldiers or sailors, or the widows :md orphans of decNlsed soldiers and sailors. are not entitled to preference over other persons Mr. OVERi\:t:AN. The Senator knows, I think, and everybody * * * when r ed uctions in salary and rank are to be made, even on that side knows, that the administration of the law under though their qualifications are equal." all administrations in the past has not been according to the Or, as stated by the Supreme Court in the case of Keim v. United States (177 U. S., 290, 29;)) : strict rule of the law. The man _making the appointment "The e sections do not contemplate the retention in office of a cl t> rk always got his own man. I have been told by Senators on that who is inefficient, nor to transfer the power of determining the question side that the administration of the cinl service was a humbug. of efficiency from the beads of departments to t be com:ts. • * • "No thoughtful person que thns the obligations which the Nation is A leading Republican told me it was a humbug when I first undet· to those who have done faithful sernce in its Army or Navy. came here, and I found it so later in my own experience. Congress bas generously provided for the discharge of those obligation!:! Mr. SMOOT. I do not know that it is going to be adminis in a system of pensions more munificent t han has ever before been known in the history of the world. But it would be an insult to the tered any differently now. intelligence of Congress to suppose that it contemplated any degrnrla· Mr. OVERMAN. I think not. tlon of the civil Set>vice by the appointment to 'Or continuance in office 1914. CONGRESSIONAL RECORD-SENATE. 10397, of incompetent or inf:'fficient cJPrks simply because they had been honor Bonorden, H. S. {Troop E, Second Iowa Cavalry), reduced from ably discharged from the military or nnval service. The preferen<'l', · $1.400 to $1,300 to $1.200. and it is onlv a preference. is to be exercised as between those 'equally Boorom, C. R. (Company C, Eighth Iowa Infantry; Troop L, Sec ~ualitied.' and tbis petitioner was discharged because of inefficiency. ond United States Dragoons), reduced f1·om $1.400 to 5;1.200. ~hat, It mav be said, does not imply misconduct, but simply neglect; Brown, Henry B. (band, Seventh Massa~husetts Infantry), reduced but a neglectPd duty often works as much against the interests of the from $1.400 to $1,300. Government as a duty w1·ongfully performed, and the Government has Buckley, .T. D. (Company D, Fifth Wisconsin Infantry), reduced n right to demand and expect of Its employees not mel'ely compet0ncy from $1.400 t0 SV:lOO. but fidelity and attention to the duties of th2ir positions. Bliso;;, W. W. (Company G, Forty-ninth Illinois Infantry), reduced 1 Nownere In these statutory provisions Is there anything to indicate from $750 to $720. that the duty of passing, in the first instance, upon the qualifications of Britton. · Wiley (Troops B and K, Sixth Kansas Cavalry), reduced the applicants, or, later, upon the competency or efficiency of tbose .w~o from $1,300 to $1,200. have been tested in the service, was taken away from the udmims Clayron, E. P. (Fifth United States Cavalry, . Regular Army, 1881..., trative officers and transferred to the courts. Indeed, Jt may well be 1888\, reduced from $1.000 to $900. doubted whether tl•at is a duty which is strictly judicia) in Its nature. Clements, John T. (National Rifles, District of Columbia Volunteers; It would seem strange that one having passed a civil-service exn.mina brevt>t major), reduced from $1,400 to $1.300. tion could challen,ge the rating made by t he commission and a~k .the Cro~by, W. 0. (Company D, Second Ohio Infantry; Company C, Sec- ' courts to revil:'w such 1·ating, thus transferrin~ f1·om tl1e co.mmJSSJ?n• ond Battalion, Fifteenth United States Infantry), reduced from $1,300 , cran~ed with the duty of ~xamination, to the courts a functiOn wh1ch to S1,200. is at least more administrati>e than judicial; and if courts should not be called upon to supervise the t·esu'lts of a civil-service examination Chipp, Rodney {United States Navy), l'ed::I<'ed f1·om $1.400 to $1.300. equally inapproptiate would be an investigation into the actual work Cla1·k, Eben E. (Company E, Seventy-third Ohio Infantry), reduced done by tbe va1·ious clerks, a compa1·ison of one with another a.s to from $1,400 to $1,300.. - compPtency, attPntion to duty, etc. These are matters ~>Pcuhn_rly $!.l~J~rk, John B. (Missom·t Home Guards), reduced from $1,000 to within the province of those who are in cl' arge of and supermten<:~mg the departmt>nts, and nntil Congress by some special and direct leKISla Davis, M. C. (Company E, Fifteenth Iowa Infantry), reduced from tion m:1kes provision to the contrary, we are clear that they must be $1,400 to $1.300. settled by th~se administrative officers. Davis, J. A. (First New York Mounted Ri:tles), reduced from $1,400 • • • • • • • to $1.300. In tbe case of Taylor v. Taft (24 App. D. C., 95) tt is held tbat- Davis, WiHiam P. (lieutenant colonel Twenty-third Indiana Infan- .. The right of appointm~>nt necessarily involves tbe right of removal. ary), reduced from $2.000 to $1.400. . This power is absolute, except in so far as restricted by Congress. Tbe Dick, J. M. (Company H, Second Iowa Infantry; Company A, civil-service act limits the power of removal in no respect, excPpt .for Twenty-fifth Iowa Infant1-y), dismissed. the single causP of failure to contJibute money or service to a P<;>litical Dungan, Irvine {~meteenth Iowa Infantry), dropped. · party. An employee's fitness, capacity, and attention to his duties are Ellls. H G. (Company R, Twenty-second New York Infantry; Second questions of discretion and ,lud~ment to be determiDI:'d by the heads o.~ New York Veteran Volunteer Cavalry), redu<'ed: dismissed. the departments. Such questions are beyond the power of any court. Elllott. Edward P. (Company K, One hundred nnd thirty-sixth In In order to protect the honorably discharged soldiers and sailors in diann Infantry: adjutant One hundred and forty-third Indiana Infan~ tbe classified se1·vlce from dismissal, or reduction . in t•ank or salary, tl-y 1. reduced from $1.400 to $1.200. when it niay be necessary to rPctuce the force in nnv executive depart Erdman, Atlolph (Fifteenth 1\Iissouri Infantry). drop-ped. ment, section 4 of the act of August 23, 1912 (37 Stat. L., 360. 4131, Eager, .T. H. L. (Company H One hundred and ninety-fifth Pennsyl enacts that no such soldh•r or sailo1· whose record in such department vania Infantry: Fifth Pennsylvania Reserves: Troop C; Nineteenth is 1·ated as "good" shall be discharged, dropped, or r.-duced in rank or Pennsylvania Cavalry), r(>duced from $1,400 to $1,200. salary. This p1·ovtso plainly contemplates that honoral.Jly dischar):!;ed Elliot, Jamel'l H. (Company G, Thirty-fourth Massachusetts Infan soldit>rs and sailors with a record 1·ated as "good" under the system try). reduced from $1,400 to $1.300. of efficiency ratings established by said section 4 shall not be disturbed Fleming, George B. (Company H, One hundred and sixty-third Ohio in thP event tbat it becomes necessa1·y to t·educe the fo•·ce in any ex Infantry, and Company G, One h\lndred and ninety-first Ohio Infantry), ecutive dE:partment: that is to say, where the totn.l number of em dismissed. ployees in a paJ•tkular branch of the servic._, is to be J'PdncPd. Mani Fr1shie. W. R. (surgeon steward, United States Navy), reduced from festly it bas no application where a reo1·ganization or rt>classification of $2.000 to $1.400. the force is undertaken by the bead of a department with no necessity Fuss, W. H. (Company A, Sixth Battali(}n District o! Columbia Vol of law for reducing the total number of employPes. unteers). t•edncerl from $UWO to $1.200. That the law a-ecognizes ti1e inherent power of the bead of a depa:rt Fernald, Geore-e W. (Company C, Second New York State Militia; ment to arrange and classify his employees Is easily demonstrntE'-d. It EI~· bty-se~ond Unite(! States \"olunteers), reducefl from $1,400 to $1,300, is only .,ecessary to •·efer to section 1 of Rule XII, civil-service 1·ules: Fairbanks. ChariPs (Company E, ReC'ond United States Sharpshoot "A removal or reduction may be made for any cause which will ers). reduced from $1.400 to $1.300. promote the efficiency of the service, but like penalties shall be im Fawcett. Thomas R. (Company K. Sixteenth Massachusetts Volun- posed for like offenses, and no discrimination shall be exercised for teers). dismissed. ' political or t·eligious renRons.'' FiPrce, W. W. (Company H, Eighty-seventh Indiana Infantry), Subject to the pt·escril.Jed limitations the anthor1tv of the head of n dronoed. depanment In the mattPJ' of changes appe:~rs to be amply sufficient Foote, .T. M. (Company B. SPventeenth Michigan Infantry; Twentieth to make such a classification of the persl'nnel of bis force ns will best Veteran Reserve Cor·ps). reduced from $1,400 to $1,300. · promote the efficiency of tile service. Whethe1· the changes be made Freeland, John .T. (Company l. SE>venty-fourth Indiana Infantry), because of delinquency ot· mls~onduct, or whether they become ad rednced from $2.000 tn $1.600 to $1.400. visable for administrative reasons only, the right of the head of. a Fritts.. Jamf's R. (Company H. Fonrteentb Indiana Volunteers), re- department to act does not seem to be abridged, provided be complies duced from $1..800 to $1.600 to $1,400 to $1,300. - with the proct>dure established by section 6 of the act of August 2-!, Fairhmst, .Terem!ah F. ( Ei~btPenth Ohio Infantry; Battery K, First 1012 C37 Stat.. 555), which Is as follows: Ohio Ligh-t Artillery). reclnced from ~750 to $720. "Th~:.t no pe1·son in the clnssified civil service of the United States Gray, Thoma~ P (Tt·oop I. Twelfth Illinois. and Troop L, Seventh shnll he removed the•·efrom except for such cause as will promote the Tennessee Cavalry). reciuced frorr. $1.200 to $!)00. efficiencv of said service and for reasons given in writing. and the pei' Gallenne, J. B. (Se>entb United States Cavalry, Regular Army, 1873- son whose removal Is sought shall have notice of the same and of any 1878). reduced fJ"Om $1.000 to $!l00. cha1·ge» p1·eterrerl a.,e-ulnst him, and he furnlsiled with a copy thereof, Guernsey, A. W. (Troop D, Sixteenth Pennsylvania Cavalry), reduced and also be allowed a reasonable time for personally answering the from $1-.:~00 to $1.200. snme in writing; n.nd ~ ffi lavits in support thereof: but no examination Goldstein. 1\:loRes (Company A, Sixth United States Infantry, Regular of \Yitnesses nnr an.v t1·iul or hearing shall he requiJ·ed except In the Army). dismissed. discretion of. the officer making the removal ; and copies of charges, Gory, Louis C. (C. ll. Clay's battalion), reduced from $1,000 to $!)00. notice of bearing, answer, reasons for removal, and of the order of Hanback. Charles (Company C. Tenth Illinois Infantry. and Company removal shall be made a part of the records of the proper depar·tment K, Twenty-seventh Illinois Infantry), reduced from $1.600 to $1.400. or office, as shall nlso the reasons for reduction in rank or compensa Harric;, C. E. (First New York Veteran Cavah·y), reduced from $1,300 tion; and copies of the same shall be furnished to the person affected to $1.:200. unon r·equest, and the Civil Servic·e Commission also shall. upon re Bnghes, William (Troop D. Second New .Jersey Cavalry, and Troops quest be furnished copies of .the same: Provided, hotoeve1·, That mem K and C. First New .Tersey Caval!-y). reducefl from $1.400 to $1,300. bel·-shfp ln any society. association, club, or other for·m of organlzHtion Halle, James D. (One bnnd1·ed and ninety-third New York Infantry), of postal employees not nffili:Jted with any outside organization Im dismissed. posing an obligation or dnty upon them to en!!age In nny st•·ike, or OaJiey, Noah W. (Company G, One hundred and fortieth Indiana proposing to nssist them in any st1·ike, a,galnst the Unlted States, hav InfantJ·y), reduced from $2.000 to $1.400 to $1,300. ing for its objects, among other things, lmprovPments In the condition Harrling-, A. C. (Company G. RevPntiptb Ohio Infantry), diRmissed. of labor of Its membe1·s. Including hours of labor and compensution Helphringer, William H. (Company K, Sixty-second Ohio Infantry), the•·efor and leave of nbsen<'e, hy any person or groups of pe1·sons in di~missed. said Postal Servi<'e. or the presenting by any such pe1·son or groups Hersey, S. R. (Company C. Forty-second Massachusetts Infantry), of pe1·sons of any g1·fevance or grievances to the C'on~n·e~s or any reduced from $2.000 to $1.800 to $1.400. Memher thereof shall not constitute or he cause for reduction In rnnk Hamet, J. N. (Company K, Fourth Ohio Volunteers), reduced from or compensation or •·emoval of such person or groups of per·sons f1·om $1.400 to $1,300. saict se1·vire. The right. of persons employpd in t::Je civil se1·vire of the Hoffliger. P . .T. (Company I, Ninety-fifth Pennsylvania Infantry), United Stntes. either· individually or collPctlvely, to petition Congress. rednced from $1.300 to $1.:?00. or anv l\lemher· thereof. or to furnish lnformfltion to either Honse of Hunter, .\ . .J. (Comoan.v ll, Eighteenth Iowa Infantry), reduced from ConJ:!'res~. or to flnr, committee or member thereof, shall not be denied $1,XOO to $1,200; dlsml,..sed. or interfered with. ' Hursh. E. G. (Company E, Fifth Wisconsin Infantry), reduced from SOLDIERS AND SAILORS AFFECTED ADVERSELY FROM MARCH 4, 1897, TO $1.400 to $UWO. DECEUBER 31, 1898. Ingram. Thomas D. (Company D. Twenty-ninth Pennsylvania. Volllll Aspinwall, A. A. (Compnny F, Tbirty-tbirfl New York Infantry), re teers), reduced from $2.000 to $1,400. duced from chief of division, $2,000, to $1,800. Jefferson. Ralph (~ene•·aJ service. UuitPd States Army, September, Albert, A. D. (Company D. For·tv·fiftb Pennsylvania Infantt·y), re 1862. to Marc!::, 1864). reduced from $1.400 to $1,300. duced from principal examim~r. $2,000, to $l,SOO. Johns, L. E., reduct>d from $1.600 to $1.400. Ake. W. S. IComp::JDy I, Seventy-second Ohio Infantry; Troop D, JonPs. F. C. (Sixty-fou1·tb N~w York Volunteers), dismissed. First United 8tates Cavalry), r·Ninced fro'll $8~0 to $720. Kenne-dy, · James N. (Comoan:v A. Fift:v-first Ohio Infantry, Gcn_ Arche1· ..J. W. (Company A. Fifty-ninth Indiana Infantry; Gen. Bu Hazen's staff). redue<.>d from $1.400 to $t.:wo. ford's stall'), reduced from $1.400 to $1,200. Kinney. A. T. (Company D, Etgbty-fiftb Ohio Infantry, aml Com Be11. II. C. (Company K, Twenty-ninth Indiana Infantry), re- pany F, Two hundred and tenth Pennsylvania Infantry). reduced from sin-ned(?). • S1,400 to $1.300. ' . Bassett. George T. (Company C, Fourth Battalion District of Colum Living-ston, GPorge S. (United States Signu.l Corps. Regular Army, bia Volunteers), dismissed, 1878-1888). reduced from $1,800 to $1,600. 10398 CONGRESSIONAL RECORD-SENATE. JUNE 13, Lucas, N. · A. (Company D, Forty-fifth Pennsylvania Volunteers), Tyers, Frederick (Company E, Thirty-fourth Illinois Infantry), re reduced from $1,400 to $1,300. duced from $1,600 to $1,400. Lamson, H. P . (Second and Fourth Indiana Cavalry), reduced from Vail, Henry W. (Company H, Sixteenth Connecticut Infantry; has $1,400 to $900. pita} Stewa~d •. United States Army), dropped. Loomis, George C. (Company H, •.rwelfth Illinois Infantry), dis- ~ hlte, William L. (assistant surgeon, First and Twenty-fourth Ken mil" Std. · tucky Infantry), reduced from $1.600 to $1,200. Luke. D. D. (Company I, El~hty-seventh, and Company D, Ninety Wolston, .J. R. (Company A, Third Maine Infantry), reduced from ninth Ohio Infantry). reduced from $1,400 to $1,300. $1,400 to $1,300. Liverpool, W. H. (Company E . Fifth United States Colored Heavy Wright, Moses B. C. (Company K, Thirteenth Ohio Infantry; major, Artillery), reduced from messen~er to assistant messenger. Second Indian Home Guards), reduced from $2,000 to $1,800. Lowe, Heman (Company I, Third Michigan Engineers and Mechanics), reduced ; dropped. 1\fr. WILLIAMS. These cases were solely in the Pension fcCLain, Dow (Companv A, Forty-seventh, and Company C. One Bureau. There are seyen other departments which went bundred and thirty-second Indiana Infantry), reduced from $1,400 to through the st1me experience. $1.300. . Macy, W. W. (Company A, Twentieth, and Company C, Nineteenth Mr. STO~E. 1\fr. President, I should like to ask the Senator Indiana Infantry), reduced from $1,400 to $1,300. from Mississippi a question. Maxwell, E. H. (Company I. One hundred and tenth Ohio Volun· The PRESIDING OFFICER. Does the Senator from :Missis t eers), reduced from $1.400 to $1,200. Maxwell, H. P. (Company II. Eighty-first Ohio Infantry, Company sippi yield to the Senattlr from l\fissouri? B, Fifty-ninth United States Colored Troops), rednced from $1,400 to Mr. WILLIAMS. I do. $1 200. .Mr. STO:i\'E. How many names are there in the list in the 'ifays, Charles P. (Company K, Tenth New Hampshire Volunteers, Pension Bureau? and Company K, First United States Artillery), reduced from $1,400 to $1,300. .Mr. WILLIAMS. I counted them and stated the number the Miller, Martin B. (lieutenant colonel Eighty-fourth Indiana In other day, but I do not remember it now. There is quite a long fantry), reduced from $1.300 to $1,200. l\fole1·, Henry H. (Company I, --- Ohio Volunteers), reduced from list of them; and that was only in the Pension Bureau, which $2,000 to $1,300. is only one division of one department. There are se>en other 1\fclbourne, W. F. (United States Army, 1851 to 1865, inclusive), departments with their -various divisions, and the thing ran reduced ; d1 9missed. along pretty much on a parity. Marti.n. Henry T. (Forty-sixth Indiana Infantry), reduced from $750 to $720. Mr. President, I am very much in favor of the amendment of Noble. P. S. (Company Ill, Eleventh Michigan Infantry), reduced from the committee. I do not think anything is of more importance $1,400 to $1.300. than the cultivation of our foreign trade and the finding of new Offiey, Holmes E. (staff, Rear Admiral Goldsborough, United States Navy), dismissed. markets for American products of every description. I want it Okey, C. W. (Company C, Sixth Wisconsin Infantry), reduced from with the words "without examination under the civil-service $1,400 to $1,300. rules"; and I should like to have any man of common sense Patterson, John S. (Company G, Tenth New Hampshire Infantry; adjutant Nineteenth United States Colored Troops), dropped. tell me what sort of an examination could possibly be prescribed Patton, H. N (Troop M, Twelfth Ohio Cavalry), reduced from to determine the fitness of men who are to do what? "To in $1,400 to $1,300. -vestigate and report upon such conditions in the manufacturing · Perkins. H. E (Company C, Seventh Vermont Infantry), reduced from $1.300 to $1,200. . industries and trade of foreign cotmtries as may be of interest Proctor William H. (Second United States Sharpshooters; SlXth to the United States." Veteran Reserve Corps; Twenty-fourth United States Colored Troops), Are you going to examine a man as to the textile industry? reduced from $1,300 to $1,200. . Paine, .John L. (Company I, Fiftieth New York Engmeers), reduced Are you going to examine him as to the steel and iron industry? from $1.400 to $1,300. _ Are you going to examine him as to the condition of the cotton Palmer. A. B. P. (United States Signal Corps, Regular Army, 187.:>- market'? Are you going to examine ~m as to millinery? Are 1876), dismissed. Parkinson, E. C. (Company B, Forty-fourth New York IJ?fantry, you going to examine him as to ready-made clothing? What are Fifth United States Artillery. and Companies L and -, Thlrteenth you to examine him in? What particular branch of the agri New York lleavy .lrtillery). reduced from $1,400 to $1,300. cultural industry, of the manufacturing industry, of the mining Pearson, Samuel P. (Company A, First Pennsylvania Reserves, gen industry, or of commercial pursuits? No man lmows all of et·al service. United States Army), reduced from $1.800 to $1,600. Peck Fred C (Company F, Eighteenth Ohio Infantry, and Troop either of these, and no man knows much about all of them when K Seventh Kansas Cavalry), reduced from $1,600 to $1,300. they are taken together. 'rowell, Ransom •r. (Company L, Tenth West Virginia Infantry), re- In my opinion, the very ·best man for the Secretary of Com duced from $1,400 to $1,30.0. . Hiley John (apprentice, United States Navy), dismissed. merce to send abroad in a matter of this sort is a good, live, Riley' Thomas ll' (Ordnance Corps, United States Army; second co:nmercial traveler. To bring a man up here and begin to Heutemint, United Stales Infantry ; captain, United States Infantry, examine him ·in arithmetic, in geography, and heaven lmows 1863-1880) reduced from $1,000 to $900. Ribble, G(wrge T. (Eleventh New Jersey Infantry), reduced from chief what else, when what you want is a man to go over and report of division, $2,000 to $1,200. upon trade conditions, nnd a man who has been in the habit of Russell Leonidas (assistant surgeon, Second Kentucky Volunteers; considering trade conditions, seems to me totally u'nnecessary. acting assistant surgeon, United States Volunteers), reduced from $1 800 to $1,400. If I were going to do that work I would ratller get hold of a · Schuckers, William F. (McLaughlin's Squadron, Ohio Cavalry), re- New York or a Chicago or a St. Louis or a New Orleans drum duced from $1,400 to $1,300. . mer who had been all OYer the country hunting out new markets Shafer, Elias (Company K, Twenty-thiL·d Mich1gan Infantry), reduced from $1,400 to $1,300. . for a great American commercinl enterprise, hunting up new Shanks, c. D. (Company G, Eighty-third Ohio Infantry), reduced customers for them, and reporting back to his house, and in from $1,400 to $1,300. . the meanwhile selling goods en route, than to have any amount Sidman, George D. (Company C, Sixteenth Michigan Infantry; Com pany D Veteran Reserve Corps), t·educed from $1,400 to $1,200. of civil-service examinations. Smith, George M. (United States Navy), reduced from $1,400 to Civil service is all right up to a certain limit. We have $1,300. made a fetish out of it, howey-er, and we have carried it too Stibbs, J. H. (first sergeant, First Iowa Volunteers; lieutenant col onel Twelfth Iowa Volunteers; brevet colonel and brigadier general), far. Here, not long ago, men were talking about civil service redu'ced from $1,400 to $1.200. for United States deputy marshals. If I subjected a candidate Shoemaker, J. A. (Company K, Twenty-third Ohio Infantry), dis for one of those positions to a civil-service examination at all, mis ed. I would take him to a shooting gallery, put a pistol in his Slavens, Charles (Company G, One hundred and seventy-third Ohio Infantry) reduced from !f1,300 to $1,200. hand, and see whether he could shoot better than his competi Stockslager, '1'. A. (Company F, Thirteenth Indiana Cavalry), reduced tors. Then I would organize a night attack on him and let from '1 GOO to $1,400 to !!i1,200. men fire blank cartridges at him, and if he did not kill one of Smith' Napoleon J. (Company E, One hundred and twenty-fourth Illinois 'Infantry· Company I, Forty-eighth United States Colored them I would pronounce .him incompetent for the senice, and Troops), dismissed. if he did I would appoint him. I imagine the examining Smith, Willlnm (Company G, Ninety-seventh New York Infantry), board would not want to indulge in that sort of an examina reduced from $:!,000 to l$1,400. · 'p1·.:tgne, F. H. (Companies EJ and B, First Rhode Island Cavalry), tion to any \ery gt·eat extent. reduced f1·om 1,400 to $1,300. We are making a fetish of the civil service, as I say. There Swnim. George l\I. (Se-.enth Iowa Cavalry), dropped .. is reason in all things. There is a limit to the application of Sch::'.l'fer, 1\f. R. (Company B, One hundred and fiftieth Indiana In fantry}, reduced from $1,600 to $1,400. any general principle of e.~pediency or of go>ernment. There SteYens, C. A. (Ninth United States Veteran Volunteers; Berdan's is no limit to the application of any moral principle, but there Sharpshooters; Second 'Wisconsin Infantry), reduced from $1,600 to is to eYery other sort of general rule, and it seems to me that Sl~t~c~·, o. L. (Troop El, Fourth United States Cavalry, 1883-1888) we will get •ery much better service from these att..'lch~s if (Reo-ular Army or Navy), reduced from $1,400 to $1,200. we do not apply the ci>il-seri1ce examination rules to them. TTinsill, Charles It'. (United States Signal Corps, 'Regular Army, 1877- I know it can be readily answered that perhaps I would not 1879), t•educed from $1,200 to $1,000. Teicher John G. (United States Navy, 1878-1879), dismissed. have said that if the Republicans had offered a like bill. I I Te~ethofi, Anthony (Company II, Fifty-ei~btb New York Infantry; thlnk I would have said it. Whether I would ha>e said it or United States Signal Corps~. reduced from $1,200 to $900. not, howe\er, I know I would have thought it. I might ha>e • Thompson, Chai·Ies W. Twelfth Massachusetts Infantry; Company thought it was better to leaye them the laboring oar. Q Thirty-ninth l\Iassachuse ts Infantry), reduced from $1,800 to $1,600. 'Tierney, Matthew (Company F, Fifteenth' United States Infantry), The fact that these men are going to be Democrats for the reduced from $1,000 to $900. most part, or even altogether, if that argument is made, does .1914. CONGRESSIONAL RECORD-SENATE. 10399 not frighten me. -There are plenty of men who are Democrats approved January 16, 1883, and amendments thereto, or any rule or regulation made in pursuance thP. reof, a nd the officer requiring said who are precisely fitte C. Deering, forwarder. discharged September 22, i894. Not .Mr. STO"!\"E. Does-the Semttor know that the whole book was I grateful to Public Printer. Left In 1889. not prepared by somebody and turned over? James C. Toy, wagon messenger, discharged ·September 17, ~:lr. BURTOX Certninly not. 1894. Not willing. Causes trouble. G. A. R. · Mr. STOXE. How does ·the Senator know it? E. A. 'llowosend, compositor, discharged May 18, 1895. Dis- 1\!r. BURTO~. I know that these sarue lists were given out 1 organizer. Not satisfied. and investigated thoroughly about 16 years ago. At first the , John W. Usilton, discharged April 1, 1.895. Agitator; charges cry was made thflt they were not authentic, but they were Public Printer is dishonest and tyrant. found to be nbsolutely authentic hy everyone. That perhaps was a sufficient reason-insubordination. Mr. STONE. Does the Senator mean that the reasons were William Wilkins, laborer, discharged July 20, 1895. Offensive authentic? partisanship. Mr. nrRTON. The book was authentic. l do not know P. Wood, laborer, discharged March 6, 1895. Veteran and whether the rensons were or not. I do not want to JVouch for radical. the reasons. wWcb the private secretary gave. W. T. Johnson, finisher, discharged March '12, 1895. Trimmer, Mr. STONE. The reasons given in the book, as stated, the and abuses Democrats under Republican administration. Senntor repe::~ts here? · M. E. McClain, discharged March 13, 18!>5. Daughter teacher 1\fr. BURTO.N. Rverv one of 1:hem. in public schools. Mr. STOXE. That seems like a very improbable story. Heury L. l\Ia thers, compositor, discharged April 20, 1895. 1\fr. B"C.RTON. I do not know about that, It might seem Agitator. trimmer; says he will be back in 18D6 from Ohio as.a lmprobable. Republican. 1\Ir. STONE. "It is a "ery improbable story, and I am sur- It was evident there was a system of espionage so that prised that ·a Senator of the high stunning of the Senntor from everything anyone said wns reported. Ohio wil1 repent such trash as that seriously and make it the George P. Silence, laborer, discharged March 13, 1895. Anti- basis of no ar.:rument. Democrat. 1 wish to ask auother question of the Senntor. Did I under- George McCutcheon, discharged April 3, 1895. Veteran and stand the Senntor to say thn-t 700 people were fired from the vindictive. Printing Office in one period of 24 hours? M. R. Dutton, compositor, discharged 1\Iarch 1, 1895. Critical Mr. BURTON. That is the st.'ltement made. It was not of Public Printer. contradicted at the time it was rnnde, in 1898. Frank A. Krerts, compositor, discharged March 13, 1895. He · Mr. STOXE. And 700 were ·appointed? said, "All will get back in two years." Mr. BURTO~. Yes. It was not contradicted at the trme. Alice Daly, discharged June 9, 1894. Not needed; daughter Mr. STOXE. I am frank to say. I tblnk that wns a mighty 1 in department; soldier's widow. , good day's work; but I do not belieYe that the Printing Office Mamie E. Fisher, discharged July 14, 1894. was capable of doing that much work, however deserving,· in Here is a reason- that short spnce of time. "All her folks are solid Republican:::." l\Ir. BURTO~. Ob. well. John M. Gauntley, discharged June 19, 1894. Offensive Re- Mr. STO"!\~. I think th;:tt is another one of those stories 1 publican. that the Senator 1rom Ohio ought not to dignify with his ' Here is oue that should appeal particularly to our honored : import:mce. · Vice President and to the two distinguished Senators from Mr. BCRTO~. It is very well for the Senator from 1\Iissourl , 1 Indiana. 1 to speak of this as trash. It was not trnsb to these widows John F. Atkinson, discharged July 1, 1894. N. G. Lives in and Grand Army men who were turned out of their positions Indiana. [Laughter.) on these trivial ~rounds. Tlley wer·e bolrling their positions and John Green, jr., discharged June 1, 1894. Bitter Republican. doing their duty, and one by one they were tbrown out on such Fred Bogia, ruler, dis~.:harged July 1, 18D4. Cranky Repub- ' pretexts as were given here by this private secretary. It is Rll , lican. ,·ery well to spank of it as tra!'\b nod unworthy of mention, but ' Blanche Carey, discharged June 19, 1894. it shows the methods that were adopted in getting men and 1 Here is a reason that will appeal to many: Husband a lawyer. women of one pnrty out f!Dfl getting those of another in. Allie Basey Pitts, discharged June 2, 1894. Married and lives Mr. FLETCHEU. Mr. Pre!'\ident-- with her husband. [Laughter.] The PRESfDI~G OFFICER. Does the Senator from Ohio As much as to say a person who is domestically inclined, loyal, yield to tbe ~enator from Florida? and does not separate from her husband must get out of the l\1r. RT!RTOX. I do. Government Printing Office. l\Ir. FLETCHER If the Senator will nllow me to interrupt Mr. STO~E. Mr. President-- him nt this point. l bold in ruy bflnd a copy of the Fourteenth The PltESIDI~G OFFICER. Does the Senator from Ohio Report of the Ch·il Service Commission, of July 1. 1896, to June yield to the Seuator from Missouri? 30, 1897. I find in that report the commission says. on page 404: Mr. BCRTON. Yes. An exnmtnntion of tbe ('vtdPnce nddu<'ed during the investigation Mr. STO.NK I wish to ask the Senator where these reasons disclo~ the fa::t that of the 77 persons •·eclnced 76 were Democrats; assigned for dismissal were obtained? of the 91 perRons promoted R2 were Republicans, 2 were Democrats, and "' Tb btai ed f d the politics of 7, 3 of whom were women, were unknown; of the 51 l\1 r. BURTO·"· ey were o · 0 rom a memoran urn perRons removed 35 wPre Democrats, 1 was a Republican, nod the book of the private secretary of the Public Printer. His services politics of ln. 7 of whom W('re wonwn. werE' nnknown: and of the 59 were such that I belieYe be was transferred to a position under persons reinstatPd -!~ we1·e RPpnbllcans and the politics of 16, 6 of the Civil Service· Commission and remu.ined there for some time. whom were women, were unknown. and then resigned. The gentleman in question was recently a That took place under a Tiepnblican Public Printer, and is candidate from the city of ~ew York for Public Printer, but embodied in tbe report of the Cinl Senice Commission. President Wilson did not see fit to appoint him. .Mr. RURTOI'\. Wh.'lt year was thllt, did the Senator say? Mr. STOXE. Was that book private property or public 1\Ir. FLETCHER. This is the Fourteenth Report of the property? United States Civil Service Commission, July 1, 1896, to June Mr. BURTON. He left it in the Public Printing Office. I 30, 1897. take it that it was public property. Whether it was public or l\1r. BURTOX I nm elad to note that after this wholesale private, I take it it gives adequately the reasons for these dis- -demotion or diF:charge they begnn to ohserve civil-sernce rules. charges. All this to which I have referred wns in 1S!l4 nod 1895. I trust Mr. STO}."'E. Who furnished the information from that book? it menns thnt they afterwards. perbnps under the direction of Mr. BUllTO~. Tbat does not appenT. The book was found Presirlent Cle,elnnd himself, established a fairer set of rules and these extracts were taken from it. There are a number and pursuert a fairer course. of other items from tt thnt I could give that are equally inter- 1\Ir. STOXE. The Senator from Florida referred to the ne- esting with those I have stftted. pnblic:m arlministrntion. Mr. STO~'E. Who took the extrncts? Mr. Bl!RTO~. In 18!16? Mr. BURTON. They were taken by Mr. Landis, of Indiana, 1\lr. STO~E. It shows thht in the succeeding administra- when a Representntive in Congress. The book was in his pos- tion, when a lnrge nnmber were appointed or Testored, or in session for some time. perhaps only a few weeks. some WRY put back into the sen·ice or put into- the senice. Mr. STONE. Purioinefl hy somebody? n very lnrge per cent. ranging from 75 per cent nnd up, were Mr. BURTOX Not purloined. It was taken right out of its Republicans and the politics of others unknown. The Senator place. It was left there. He did not seem to hnve thought it . says thnt be was glnd .to note that when the llepublicans came proper for him to remoTe the book." At any rate, be left it in they began to enforce fhe ciYil-serriee rules. In otller words. there among the books. it is good civ:il service to J>Ut Republicans in and bad cinl 1914 .. OONGRESSION AL RECORD-SEN ATE. 10401 ' service to put them out and Democrats in. That is the theory experience goes. That is the reason, M1•. · President, why, I upon which the law · has been administered during the greater presume. some exemptions from the system appear in bills part of its existence. which have been introduced and enacted into law by the exist l\Ir. BURTON. 1.\Ir. President, I did not understand the year ing Congress. the quotation of the Senator from Florida [1\Ir. FLETCHER] re Thls suggests the query: How has the civil service been ad ferred to. Was it July 1, 1896, to June 30, 1897? ministered during the long period of Republican supremacy? Mr. FLETCHER. The report is from July 1, 1896, to June We all know the procedure of the Ci\il Service Commission. 30, 1807. It was printed in 1898. It deals with the practice It holds examinations and those who pass satisfactorily are at the time 1\Ir. Palmer was the Public Printer and had refer reported to the various divisions of the Go...-ernment in ence also to Mr. Benedict's career as a Public Printer. whose service the applicants desire to enter. The names Mr. BURTON. In point of time eight months of that year of aspirants in a regular series represent the seniority of were under Democratic administration and four months under the application and the degree attained in the examination. Republican, but it is hardly conceivable that with so many Politics are not considered and ought not to be considered in dismissals made at wholesale, and made for reasons such_as I this process. Probably, so far as the action of the Ci.Yil Serv have read here, because they were veterans, cranky Republicans, ice Commission is concerned, it does not enter into the problem and this, that, and the other thing-it is hardly conceivable, I at all. Yet it is a significant thing that the Republican Party, say, that in justice to them and to secure the efficiency of the after a long lease of power, went out of office, turned the ad office there should not have been a considerable number rein ministration of governmental affairs over to its opponent, which stated. The first thing that would naturally be done under a soon discovers that from 80 to 85 per cent of the men and Public Printer who was a Republican would be to cure in some women who occupy the various subordinate positions in the degree the injustice perpetrated by his predecessor. departments of the Govermnent are of the same political faith Oh, Mr. President, I do not deny that to some extent the civil as the administration under which they were employed. This service rules and civil-senice law have been manipulated by the is not a coincidence. It is due to the deliberate action of the administrations of both parties, but I submit that your party, appointing power; and its successor, notwithstanding the pro gentlemen across the aisle, has been far and away the worst visions and the requirements of the civil ser...-ice, is apt, when transgressor. The proof of it, and the most conclusive proof of occasion arises, to discriminate in favor of members of their it, is that in the case of these very important positions you are own party in precisely the same manner. .. seeking to make breaches in the wall. You are seeking to ex You may say that is reprehensible. I would hardly character empt positions from the ciYil service at a time when, month ize the practice by so severe an expression, because it is human by month and year by year, the merit system is becoming more nature operating through political channels. Republicans do it; and more thoroughly established, the work of the departments Democrats probably do it; and any other party that may come more efficient, and when, instead of making exemptions, every into power will do it until human nature changes or until the act of Congress, e\ery new office which is created, should point system is changed by adapting it to the conditions which call in the direction of the strengthening of the merit system, so that for its application. we may remove from it the blight of politics, so that we may So far as this amendment is concerned, I am in favor of it give to our young men and our young women the promise of a because of the declarations of my own party upon the subject. career. -They should not be compelled to kotow to some Repre But, Mr. President, if I should live much longer than is prob sentative or Senator or person of political influence in order to able, I do not expect to see the time when the spirit of the civil obtain access to the service of the Government. They should service shall be observed by any party so long as that party can ' be able to rely upon a system under which they may know thn.t avoid it. if they are well educated for serving the people and if they will Now, why not recognize these conditions and meet instead give their time and attention to public service they will be re of attempting to overcome them by a process of crimination and warded; at least they will have equal opportunity with all the recrimination? I think it is clear that the civil service has rest. been carried further than it ought to have been. It bas been I desire to enter my most decided objection to this line that is made to apply to those who are virtually heads of departments, inserted here. It is a backward step. I repeat, the proposal who represent administrative authority and are in a sense a easts suspicion upon the whole plan. Its· adoption would create part of it, instead of limiting its operation to the technical and distrust for these attach~s. It furnishes an example under clerical details of government. A postmaster, for example, is which, in other branches of the civil service, exemptions can be exempted from the civil service, and yet the deputy postmaster, made and appointments made not according to merit nor with who, so far as his duties are concerned, is the postmaster in a view to efficiency in the public service, but from political fact, comes under the civil service. The same is true or has favor. been until recently of United States deputy marshals. It is 1\fr. THOMAS. 1\Ir. President, I am largely in sympathy true in many of the departments of the Government. with the position which the Senator from Ohio [Mr. BURTON] There is no more reason, Mr. President, for exempting a occupies with reference to the civil service a.nll to its impor deputy postmaster or a deputy marshal under the civil service tance as a fundamental institution in government. Like him. than there is for placing an Assistant Secretary of the Treas I believe it is essential to the best service, and 1t ought to be. ury or an Assistant Secretary of State under the civil service, although it is not and never was enforced in the spirit as well and if such an official should be placed under the civil service, as in the Jetter of the law. All parties in their platforms ex then the President of the United States ought to be required to press devotion to civil service, and all parties in their practice, select his Cabinet from a list submitted to him for that purpose when in power, disregard it as effectually as possible, while by the Civil Service Commission. professing compliance with the requirements of the statute. ~ know of nothing that can be urged against the application Mr. President, the strictures which the Sena or from Ohio of the merit system as to every department of the Government has applied· to the Democratic Party, and whicli he has reen the duties of which are mechanical, technical, or clerical. On forced by citing examples which occurred during the adminis the other hand, I know of no reason that would justify the appli tration of President Cle...-eland, can be paralleled in the prac cation of the merit system to that class of appointees who in the tices of the Republican Party in their administration of the discharge of their duty virtually represent and act for some part system, and both will be paralleled, in all probability, by the or portion of the administration in power. There should be har practices of the Progressive Party in the event that that party mony in such positions; there should be a complete unity in the should e...-er assume the reins of government. Hence I am en general purposes and the general course of operations. Such con tirely justified in asserting that the political parties of the ditions can not prevail where a part and portion of the acting country are none of them in love with the civil service and power is of a permanent character with one political affiliation have observed its requirements only to the extent to which and political purpose and the other is changing and evanescent, compliance is obligatory. The party of the minority, which which may or may not last over one administration, but which ever it may be, is loyal to the merit system only so long as it is out of political harmony with those holding the permanent remains in the minority. The party of the majority is hostile positions. There is the difficulty; and this, I think, will con to that system only so long as it remains in the mnjority. tinue, :Mr. President, to operate ad...-ersely to the principle of ·when Republicans accuse the Democrac:y of disregarding and chil service until it shall ha...-e been placed upon a more rational, violating ci•i1-service regulations and Democrats accuse the systematic, and scientific basis. When that time comes, I think Republican Party of the same practices, both of them are tell there will be fewer removals actually ·made for political rea ing the truth. It is the old story of the pot calling the kettle sons, but ostensibly made upon some other, than are being and black. have been done; but the uniYersal extension or the proposed Wherever it is possible in the practical administration of the universal extension of the system to all classes and conditions law to comply with its requirements and to disregard its of officials is bound to bring the system ultimately if not into spirit, that has been done by both of them, in so far as my disaster, at least into disrepute. What I have said bears more 10402 CONGRESSIONAL RECO.RD-SENATE. 'JuNE 13, upon: the genernl subject tnan upon the concrete fnstance· which Ur. THO~f.AS~ Mr. President-- has prof"oked the discussion. I shnll vote for the amendment The PRESIDING OFl~,rCER. Does the Senator from Ne- of the Senator from Utllh Pfr. SMOOT]. brrtska yield to the Senator from Colorado? 1\Ir. NOTIHIS. 1\lr. ·President, with the first part of the nd- Mr. NORRI.S. I yield. dress· of the Senator from Colorado [Mr. THOMAS 1 I most Mr. THOMAS. r thinl\: the Seillltor· is perfectly consistent, as- heartily agree. I think: if we would sum up wbrtt the Senator he alw-ays h 1 cal pie counter and put him on a merit basis~ it as an abstract proposition. 1914. CONGRESS! ON AL RECORD-SEN ATE. 10403 Mr. NORRIS. Of course that means that lf I were selecting that requires a great deal of ability and experience: he is really the Postmaster General of the United States politics would the head of it, so far as the mnnagement of the business af not enter into the consideration. The only lettel' suggesting an fnirs of the office is conc~?rned, but aboYe him, drnwing a appointment that. I think, I have written to the present President salary twice as llll"ge as his. sits a political parti an orna of the United States, I wrote at the suggestion of some people ment, known as the postmaster. I do not sny that he is always who were very close to the President. who thought that be was a an ornament. I do not know who the postmaster al Denver firm believer of ha-ving a business administration rather than is and I do not want the Senntor from Colorado to o-et the idea a pnrtis::m one. I wrote to him suggesting the appointment of that I am finding any fault either with past postmasters or the a certain individual. who is a Democrat, for Postmnster Gen present postmaster at Dell\~er. eral. I remember that in that letter I said to the President Mr. THOMAS. Mr. President. the present postmaster at Den that if I were President and making the appointment, this was ver is an esteemed friend of mine. appointed by President Taft. the man I would select for this position, regardless of his Mr. NORRIS. I have no reference to personalities. I do politics. not want the Senator to get that ide-a. But I think that is somewhat afield of the question. I want 1\fr. THO:\IAS. I understand that. to f'CO back to the illustration which the Senator from Colo Mr. NORRIS. I am talking of a general principle. When rado ga '\"e, taking up the Dem·er post office. The Den\er post the postmaster, who is nppolnted over the deputy to draw the master bas not a single official duty to perform in Dem·er that salary and hold the ornnmental position while the deputy does is in any way partisan. Why should the po tmaster at Den the work, has been there for eight yenrs, let us say, nnd has ver, who deals and does business with the people of Dem·er. learned the duties of his office, he has finnlly, at the expense of lose his job or get his job simply because of the political belief the Treasury of the United States, been educated so that be cun of Eome man who is installed in the White House in \\rashing hnnule the Denver post office; but along comes a political ton? Why would it not be just as reasonable to dischar"'e the change, and he goes out. He is efficient, then. and, if be had school-teach~rs in Denver when the political administration remained in office, he might run it properly and could perhaps changes at Washington? have ellrned his snlary; but some other man is put in, not be Mr. THOJ1AS. 1\Ir. President-- cause his predecessor was inefficient, but because in the White The PRESIDING OFFICER. Does the Senator from Ne House there is a mnn who gives allegiance to a different political braska yield to the Senator from Colorado? party than the President who had preceded him. That is the Mr. NORRIS. I yield to the Senator from Colorado. basis for it; that is the re11son for it; and I submit to the Mr. THOMAS. Is it not also true that the Postmaster Gen busfness judgment of every Senator nnd every citizen that it is eral, in the discharge of the duties of his po-sition, has no po not right; it is not fair; it is not economy; and it ought not to litical office to perform? be tolerated in the business department of our Government, as Mr. 1'\0RRIS. That is absolutely so; and it under the Con it would not be tolerated tn the business department ot any stitution fl method could be devised. by which thnt office could business corporation on earth. be made nonpartisnn I should like to see it adopted. I think Then, the deputy has a student on his hands. The man with it can be done. I did not intend to discuss this branch of the the little salary, doing the work, teaches the new postmaster subject, but I will say that I introduced a bill, which I want with the big salary what his duties are; and, when he gets to call to the nttention of the Senator from Colorado-and I him educated, another political pnrty comes into power, or a do it in the be:"t of fnith, because I have absolute confidence in different faction of the same political party comes into power; the Senator's earnestness, and I believe he will be converted and the student whom the deputy postmaster has educated is to this principle-! introduced a bill in the preceding Congress, thrown out again, and you go out into the politicnJ ranks and under a Republican administration. which, in my judgment, if select some other pnrtisnn, not for his fitness particularly, but it were enncted into law, would have placed the entire Post because he has done some political work for the man who suc OffiP.e Department beyond the realm or- partisan· politics. <'eeded to power, and who has the distribution of patronage at As I have said, it would not be possible under the Constitu his disposal. It seems to me, therefore, .Mr. President, that the tion to take awny the appointment of the Postmaster General extension of the civil service ought to go forward instead of and of presidential postmasters from the President, but it bac1.-ward. would l1e possible, in m:y judgment. and an easy thing to enaet Now, let me read just a little from the last Democratic plat a law that would have the effect of taking that department out form adopted at Baltimore. I do not know but that that J>lut of politics without taking away or attempting to take away the fo.rm is pretty well shot to pieces. and there may not be many constitutional right of the President to make these various planks left in it unrepudiated, and this particular" plank has appoi.ntmenU:. been repudiated severn! times heretofore, but I am going to I believe that the deputy postmaster of Denver, when he read one part of the Democratic platform which is going to be shows exceptional ability, ought to. have an opportunity to be raped to-day. promoted to the position of postmaster, a higher, n more re Mr. CLAPP. Mr. Prestdent-- sponsible. and a more remunerative position in the depart 1\Ir. NORRIS. I yield to the Senator from Minnesota. ment. When he becomes postmaster, if by virtue of h1s ability Mr. CLAPP. I want to ask the Senator fl'om Nebraska and his familiarity with the dnties connected with the office whether that particular plank in the platform wns authorized he demonstr~:~.tes a capability for further promotion. he ought by any State com·ention before it was voted on by the Demo still to ha>e before him an opportunity to advance In the Post cratic national convention? If not. I do not think it should Office Dep.'lrtment without lim1t until he re:1.che:s the head of be recognized. because thnt seems to be urged now a& the new the department as Postmaster General in Washington. test of authenticity in pa rty platforms. I know it is always stRted in answer to that kind of an 1\ir.. NORRrS. That is according to the doctrine promulgated argument, •• Why, the Postmaster General is part of th~ Presi here the other day. dent's Cabinet; he helps the President to map out his course, Mr. CHAMBERLAIN. Mr.. President-- and gives him advice." There is no law providing for a 1\Ir. NORRIS. I yield to the Senator from Oregon. Oabinet. I think it is fair to assume that the President, when Mr. CHAl\fBERLAIN. I will ask the Senatar if he does not he consult;; the Postmaster General, consults him in regnrd think it is jnst a little bit unkind, after the Democrats have to the Post Office Department. He does not need to consult been assisted by him in the -violation of their platform, that he him about political matters. If he wants political advisers, h~ should now criticize them for it? can seek anyone's advice, whethel' he is in or out of the Mr~ NORRIS. Well, I did what my vote could do to help ser>ice, whether he holds a Cabinet position or whether h~ them violate it, not because I cnred about violating their plat does not. form, but because I had repudiated the platform long before If the Postmaster General were appointed for a term, let President Wilson did, and so I was only currying out my idea us say. of 10 yenr , similar to a member of the Interstate Com in that instance. merce Commis ~ ion, and provision were made for the advance The Democratic platform had nothing whatever to do with ment of e-very man in the Post Office Department according to my Yote. Of course no one claims that I was bound in any way merit, so that from its head down to its Yery foot there would by the Democratic pia tform. be no politics in it, we would have in a few years the most Mr. V ARDAl\IAN.. Mr .. President-- efficient organization in that great department resting on a busi The PRESIDING OFFICER (l\fr. HoLLIS in . the chair). ne s basis thnt the wol'ld has ever seen. Does the Senator from Nebraska yield to the Senator from There is nothing in the Post Office Department but busi Mississippi? ness. The deputy postmaster nt Denver, the city used by the l\Ir.. NORRIS. I yield. Senator from Colorado as an illustration, learns on account of l\fr. VARDA~fAl~. Will the Senator permit me to suggest hls ability and his fitness for the plaee and the work in his office that in repudiating the Democrntic platform a day or two ago how to take eare of that great post office. His position is one it sti·ikes me tim t ron repudiated all the platforms, for aU the 10404 CONGRESSIONAL RECORD-- SENATE. JUNE 13, platforms of the Democratic and Progressive Parties favored do not call attention to nll their past sins it mny be that their free tolls, while the candidate of the Republican Party favored. consciences will be affected by what I shaH read, and they will free to1ls.· feel like making good this particular pledge. I now yield to 1\fr. NORRIS. That would not bother me at all if I did; the .Senator from Arizona. it would not hurt me any. I did what I belie>ed to be right Mr. ASHURST. Mr. President, what I shall say is in no in the Panama Canal repeal bill, and in doing so no charge spirit of cliticism, because I would not and could not criticize can be made against me, because it is claimed some Democrats the Senator from Nebraska; but I believe we hould proceed violated their platform pledge when they voted the same as I with the business of the country without any further discus did. sion of platforms, because he must know. and all other men l\lr. O'GORl\IAN. 1\fr. President-- w~o t?ink into things instead of around things must know, by The PRESIDING OFFICER. Does the Senator from Ne thts time, that a platform is made to "get in on." I am re braska yield to the Senator from New York? minded of the old story of the brakeman on a passenger coach Mr. NORRIS. I yield to the Senator from New York. who spoke to a passenger standing upon the platform and snid, Mr. O'GORMAN. Do I understand that the Senator from " Get off of here." The passenger answered, " Cnn not a per Nebraska did at one time approve the Democratic platform? son stand. and ride here?" "No," said the brakeman. "plat 1\Ir. NORRIS. I did not say so. There were some parts of forms are made to get in on, but not to ride on." [Laughter.] it I appro>ed, and I am going to read a part of it which I Having "got in on the platform," why weary the country fur approve. ther about liding on it? 1\Ir. O'GORl\IAN. I would infer from the statement the Mr. NORRIS. Now we will proceed to the business of the Senator made that he had repudiated it; that at some earlier Senate. I wish to say in passing, however, that I am not re stage it must have had his approval and sanction. sponsible for all these suggestions, and I hope the Democratic Mr. NORRIS. The Senator is getting technical now with brethren will take this platform in good faith. terms. Mr. S'l'Ol\"'E. 1\lr. President, I think about all the Senators 1\lr. O'GORl\IAN. No; the Senator from Nebraska would be on this side who voted with the Republicans on the to11s bill the last Member of this body who would impress me as being have aided the Senator in his attack upon the platform; and a repudiator. I rather think his attitude has been consistent. the Senator can now proceed with his fine sarcasm without fur He simply has condemned that platform from the beginning, . ther interruption and assistance from this side of the Cluunber. and that is nothing unusual for him. 1\lr. NORRIS. I will say to the Senator that whether there · l\fr. NORRIS. I thank the Senator. Perhaps the term used was any sarcasm, and if there was, whether it was fine. as far by the Senator is better than "repudiated." I was about to as corning from me is concerued, it would not have come hau it read-- not been for the interruptions on both sides of the Chamber. I · Mr. KENYON. Was that plank heard by the convention when will say to the Senator also that I have no desire to pnt this it was read? quest~on into politics. I have no desire to make a partisnn Mr. NORRIS. I have an idea that if you should get the questiOn of the particular motion that is before the Senate. I history of it you would find that the present President of the do not believe it ought to be such; and yet I think it is pror1er United States many times before he was a candidate and during to read a portion of the platform upon which the Senator the time he was a candidate approved. not in specific terms this himself stood, and other Senators the same way. I do not think particular language, but he approved the idea here expressed anyone would charge me with trying to be sarcastic or with any and was one of the officials of a national organization having impropriety in doing that. for its object the upholding of the civil-service laws of our We have. before us now a proposition to take out from under country. the civil-service laws the appointment of certain officials pro 1\fr. CLAPP. Mr. President-- vide~ _for _by this bill. There is going to be $100,000, if this The PRESIDING OFFICER. Does the Senator from Ne provlSlon 1s agreed to, spent for that purpose. I am in fHYor braska yield to the Senator from Minnesota? of the mot.ion which strikes out that part of the provi ion that Mr. NORRIS. I yield. takes it out from under the control of the civil-service Jaw. 1\ir. CLAPP. Before we accept the particular plank in the Let me read what I started to read a long while ago. This platform we must have something more to identify it by than is from the Democratic platform adopted at Baltimore: the mere fact that the President publicly approved it during The law pertaining ta the civil service shouid be honestly and r i<> htly the campaign. That is no longer sufficient. I think the Sen enforced, to the end that merit and ability shall be the standai':d of appointment and promotion rather than service rendered to a political ator had better withdraw his witness entirely. party. Mr. NORRIS. I am not offering it because I am sure that the Democractic Party will follow it, but it seems to me that. I commend that to the Senate. I believe that is a statement having gone back on nearly everything else in the platform, of a principle that is right. If you did not believe it was right _they perhaps would take this opportunity to sa>e this little or if the idea of the Senator from Arizona [i\Ir. AsHURST] i~ one item and stand by it. right, then you ought to have added another provision to the Ur. JONES. Mr. President-- platform which, in substance, would have said: "As soon ns we The PRESIDING OFFICER. Does the Senator from Ne get into office we are going to rape the civil-service law eYery braska yield to the Senator from Washington? opportunity we get." That would have been fair· that would Mr. NORRIS. I yield to the Senator. have gh·en the people notice, and there would ha~e been some 1\Ir. JONES. Is it not a fact that that declaration in the reason for passing the various Jaws that have been passed to platform is contrary to the traditional policy of the Demo take out from under the civil-service law the appointment of cratic Party, and therefore not binding on them? officials. Mr. NORRIS. Well, I think it is contrary to the policy that Since that platform was adopted you have taken by law the has been pursued during the present Congress to some extent, deputy United States marshals out from under the civil service. as I propose to show. You have taken by law the deputy internal collectors out from l\lr. JONES. I want to ask the Senator another question. under the civil service. You have taken out from under the Was that plank adopted when the regular platform was adopted civil service the appointments to be made under the income at the convention? tax provision of the tariff law. You have also taken out from 1\fr. NORRIS. I presume so; I was not there. I am reading under the ci>il service, by law, the appointments to be made from this little book containing the platforms of the two great by the Federal Reser>e Board under the new currency net. political parties. Now yon propose, 1mLler this law, to take out from under the Mr. JONES. I noticed that one of the delegates to that con control of the civil service the appointments· to be made of vention made a speech sometime ago, and said that when this these attaches that are to investigate opportunities for Ameri platform was adopted the members of the convention were can commerce and American trade in foreign lands, and to put demoralized mentally and physica11y, and I wondered under those positions upon a partisan political pie counter to be given those circumstances whether or not any declaration would be to men IJecause of political ser,·ice rather than for merit. · · binding. I say that, now, without regard to the present administration. Mr. NORRIS. I am afraid that some of my friends- 'rhe appointments 1mder this law are to b(' made by the pre ent Mr. ASHURST. Mr. President-- Secretary of Commerce.. Even if we should concede that when The PRESIDING OFFICER. Does the Senator from Ne he made those appo;intments he would not make them for parti braska yield to the Senator from Arizona? san reasons, it would not be right to pnt in the law the right of Mr. NORRIS. In just a moment-! am afraid that some of the official to make them for partisan reasons or to give him my friends, when they call attention to these particular things that privilege and to take away the effect of the civil-service peculiar to the Democratic situation, will only furnish an law. If this law is to be permanent, even though for argument argument for our Democratic friends to pass this law. If you sake we conceded the present Secretary would not consider 1914. CONGlillSSIONAL REC.ORD-SENATE. 10405 politics in mnking the .appoin1:nrents, some succeeding Secretary arose, where there was politics in it or patronage in it, if you woold. It would become a fruitful source of paying political will trace the history of the legislation of Congress for the last debts out of the Public Treasury. It will all come home to roost. 25 years, you will find that argument always made: It was History will repent itself. Other parties will come into power made by Democrats against R!"publicans when RepubLieans were at some time, sooner or later, and this law will be abused 1 in control, and Republicans came bnck and answered, and snid: by them. "You did the same thing when you were in control." Now, We are passing this law or estnblishing this precedent not when Democrats are in control, after making the promises they for to-day nor only for the present administration. This 1aw have made to the people, they say, in answer to an accusation W{)Ulcl be ap-plic:~ ble jf a Republican administration should suc of this kind that is demonstrated. "Why, we are doing only ceed this one when the present term of our President expires what you did. · Platforms are to get in on, and we pay no and a Seerehlry of Commerce appointed for partisnn reasons by more attenti-on to them after we ::Ire in." a Republican President would go on and take all these men out. We sometimes think, and I think too often, that these men perhaps after they bad just learned the business, and reward who are trying to get promotions, who are demanding thnt the his poHtical heelers by pnyment out of the United States Treas civil-serviee lnws shall be v-iolated for partisan reasons, control ury under the ostemdhle purpose that they were traveling the politics of the country. They do not. Under the old reg1me abroad to develop business for Amer~can commerce and Ameri of tbe control of parties, where one man carried a State in his can mnnufacturers and merchants. hand and another one carried a convention in his band, some These positions would be much sought after. A trip to of those things might have been true, and without a doubt were Europe or a trip a round the world, to pay some man for his true. When a political machine had control they were in shape influence in ~ convention or his control of a county or a State to mak-e these dem;:mds. Public officers often forget now that or a clelegntion from some place. would be a very beautiful re when the machine is making a -demand, in reaTity it is like the ward. If those men must be rewarded, they ought not to ~ frogs in a pond; there are not very many of them, but they rewnrded under· any _pretense th'lt they are going to do some make a great deal of noise. thing for the country and be paid out of the Treasury of the It is said, and it is said truly, too, by my frle-nd from Colorado United Stntes. [Mr. THOMAS], that this law always will be violated. Of course ThiR bill does not fix any particular salary. I suppose the it will. Every law will be violated. There have been violations Secretary of Commerce would arrange that matter himse1f; but in the past; there will be violHtions in the future, both of this it is a very nice opportunity either for this Secretary or, if the law and of other laws which we may pass; but that is not any, languag-e is so that it would be continuous, for some succeeding reason why we should not do the best we can to fulfill the law. Secretary. I am not claiming that some other political party Instead of pleading that we are unable to do anything to make would h»ve any more virtue, my Democratic friends, than y{)urs conditions better, while admitting that they are wrong, we ought has. They would use it for the same purpose if they could. to devote our energies to trying to build up the civil-service It has been nrgned here by the Senator from Colorado, and it law, correct its mistakes, punish those who violate it, and re is an old argument, it is made in defense of every political ma mov-e them from office, and we will have no trouble in the chine that ever exi&ed when they undertook .to do something future. thnt was wrong, thnt some other party did the same thing. I think the law ought to be cha.nged in a great many respects. Mr. THO)fAS. Mr. Presirlent-- Instead of saying that it always will be violated and that all The PRESIDING OFFICER. Does the Senator from Ne parties have violated it, why not, in a spirit of nonpartisanship braska yield to the Senator from Colorado? and with the idea only of the benefit of the country, get to Mr. NORRIS. I do. gether like men and correct the evils making it possible for a Mr. TH0:\1A.S. I did not state that as an argument; I stated man to remove for the cnuses that have been used as causes it simply Rs a fact. in the past by both parties, and make it a criminal <>ffense Mr. NORRIS. I am glad to have the Senator make the sng for any official to remove for partisan reasons any man under ge tlon he has mRde. the civil service, and a1so make it a erimin.al {)ffense for any Tht> Senator from Ohio tl\Ir. BunTON] gave a long list of Senator or other public offidal to ask that it be done? If half Republican!=; r-emoved or partisan reasons from the- Government of the energy and half of the ability had been devoted to trying Printing Office. Immediately fo11owing that the Senator from to correct the loopholes of the civil-service law that have been Florida [l\lr. FLETCHER] gave a list of Democrats who were re exercised in trying ro a>oid its provisions. we would have a law moved under a Republican administration r1d Republicans put that would have made it impossible for these violations to have in their plaees for partisan reasons. Is that an answer? If occurred without punishment for th-e violators. that is an answer, a~J if that is a defense of the present Demo Mr. ROOT. Mr. President, I do not wish to delay the com cratic administrntivn. let me ask you, why did you n<>t put pletion of the work upon this bill. but I do wish to put upon that in your p-latform and say, "While we belieTe so and so," record my opposition to the feature of this amendment which as I have read from y:mr platform, "yet the Republicans have prohibits the appUcation of the civil-service rules to the ap disregarded the ci>il- ervice law, and if we get into power we pointment of th-e new commerdal attaches; and I sh-ould like are going to disregard it, too, just as badly as they did?.., to call the attention of our friends on the other si-de of the You came into power because you.promised to do better than Chamber to the fact that this amendment relates to a field of the Republicans had done, and the people believed you would government service regarding which there is not even the do better; and you wnr stay in power just as long as they be slender excuse that may exist in some of the departments lieve yon are doing better, and no longer. It mny be" Hobson's where a-ppointments have been made for political reasons. choice," perhaps, but the sentiment of the country of 50 years Of course, sir, the civil-service system of appointment upon ago is not the sentiment o£ the country now; and it is no longer examination, when it was first introduced, had to contend any defense, in defending one political party, to cite the sins of against inveterate custom and inv-eterate prejudice. It was another one and say that they had done the same thing when exceedingly unpopular among a great part of our people, par they had a chance. The people are anxiously waiting for an ticularly those who had been active in politics; and it has arlministratlon that will make its promises good, -and when taken .a long time to eradicate the idea, first publicly pro you say that you are g{)ing to enforce the civil-service law claim-ed upon the floor of the Senate by a Senator from my according to its spirit, it is your honorable duty to do it, even own State, that "to the victors belong the spoils." I think, though Republicans have violated it before you. As far as 1 however, there has been a steady and gradual progress in the am concerned, if you did do it I would be one of the first to acceptance of the method of appointment which is provided in c-ommend you for doing it, and to say so openly. the ci>il-service ruJes and the statutes under which those rules I regret very much to hear Senators on this floor, when cita are made. tions are made of putting a man out because of his politics and Of course, there has been a great unevenness in this progress. putting another mnn in contrary to the law, commend it. Many It has been much greater in some departments than in others. commendatory expressions have been made on the floor of the There are certain departments of the Government in which the Senate on that kind of conduct. In reality, when the Public change has been practically complete. Printer or any other official turns out of office a man purely We have the rnle of appointment upon merit, to be ascer for partisan reasons and fills his place with another one for tained primarily by examination, in force in the Army of the partisan rensons be has violated the spirit of the law, if not United States; and I think it is safe to say, upon some experi its letter. -He may have succceeded in getting some technical ence and observation, that for many years political affiliations m:mner by which he can do the act legally, but· the spirit of the or political recommendations ha>e bad substantially no influ law is violated, and when such violations are commended on ence in ~etermining appointments to the Army. the floor of the United States Senate we ean not expect public The same thing is true as to· the Navy of the United States. officials to do their duties fearless1y. · If you will trace the For a· great many years the appointments in the Navy hiivc history of almost any legislatioU- where any similar question been made without reference· to political affiliati-ons. 10406 CONGRESSIONAL RECORD-SEN ATE. J~NE 13, ; It.. is now a considerable ·number of years since the same I sh~ll vote to extend the service rather than to contract it. change was introduced in the foreign service of the United I beheve, Mr. President, that men trained in the various de States. In the year 1906 the administration then in power par~ments of the Government ser"ice are necessarily better and it is of no consequence whether it wns Republican or Demo eqmpped to perform the functions of the office or place to cratic. for I do not admit to my mind in the consideration of which they may be appointed thnn untrriined men. And while this subject any question as between the parties-formulated a I w~nt to see all of these places filled by Democrats, my inter series of chil-senice rules, under the authority of sta tute, in est m the public service is superior nnd above my de~ire to accordance with which all consuls and consuls general of the serve my pnrty. I wish it were so that in the South we conld United States were to be appointed on the basis of examina limit all of these offices to capable white men rather thnn be tion, and expressly excluding from consideration all ideas of ing annoyed by the negroes who are making the civil senice political affilia tion or political influence. From that time to so very unpopular in that section. I am going to vote for the this. or at all eT"ents until the beginning of the present adminis amendment offered by the Senator from Utah. . tration, and I belieYe since the beginning of the present admin Mr. BURTON. 1\Ir. President, I suggest the absence of a istrfltion-and I discriminate only because I was more familiar quorum. with the subject before fuan I have been for the last year and The VICE PRESIDEN'.r. The Secretary will call the roll. a ·qua rter-the appointments to the Consular Service of the The Secretary called the .roll, and the following Senators an United States ha•e been made as freely upon the nomination swered to their names: of a Democrat from a Democrntic State as upon the nomination of n Republican from n Republican State. Ashurst Gore O'Gorman Stone Bankhead James Overman Swanson That change from the old system of political appointment to Brandegee Johnson Pa~e 'l'homas consulntes was made upon full conference with the Senate Bristow Jones . Perkins Thompson Bryan Kenyon Pittma n Committee on ~oreign Relations. It has resulted, sir. in a very Tho1·nton Burton Kern Ransdell 'Tillman gre::~t, si,gnal, nnd saluta ry improvement of the Consular Service Chamberlain La Follette Robinson "fardaman of the United State~. It would be a great misfortune to go back Chilton Lee, Md. Root Warren to th~ old system. under which . Senators owned consulates and Clapp Martin, Va. Sheppard West Clarke, Ark. Martine, N. J. Shively Wh ite put men into consulates for the benefit of their constituents or Crawford Myers Smith, Ariz. Wllllams friends of their constitnents. Cummins Nelson Smoot Now. sir, this nmendment proposes to create a series of Fletcher Norris Sterling officers who are virtually members of the foreign service of the The VICE PRESIDENT. Fifty Senators have answered to United States. It reads: the roll call. There is a quorum present. C'ommercial attach~s . Department of Commerce: For commercial at Mr. BRANDEGEE. Mr. President. unfortunately I was de tach ffi>, to be appointed by the Secretary of Commerce. without exami tained in an important committee hearing and I hnve not bnd nation unde1· the civil-service rules. and to be accredited through the State DcnRrtment, whose duties shall be to Investigate and report upon the advantage of henring all the deba te on this question. I do such conditions in the manufacturing indn~ Senator from Xew York says, not· by the regular Civil Service think is an inadvertence on his part in saying that no reason Commission, but nuder rules of like character laid down by has been _stated for prohibiting the application of the civil the Secretary of State, first inaugurated by the Senator from service merit system to these appointments. I understood the New York when be was Secretary of State. Senator from Virginia to state a reason very distinctly, and .l\!r. BRA.NDEGEE. The object of my inquiry was to ascer to state it with his customary fmnkness and courage, and the tain from the Senator from New York whether our consuls reason he stated_ will be take:::I and must be taken by the resident abro11d had to pass some sort of &n examination in the people of the country as the reason which actuates the Demo-. nature of a civil-service examination under the law or the rules cratlc majority in this Chamber if they keep this provision in of the department warranted by law. the bilL He said he believed that we would get better officers Mr. ROOT. They have; l\!r. President. They have long bad through an appointment by the Secretary of Commerce than we to pass an examination, but since 1906, eight years ago, they would get through the civil-service system. ba-re had to pass an examination by a board the bead of which · That is, Mr. President, this amendment to the bill is con is the chief examiner of the Civil Service Commission, and it is ceived in a spirit of general hostility to the civil-service reform an exceedingly stringent system of examinations. system, and, if adopted, it is fair notice that the dominant party Mr. BRA~ 'DEGEE. Then it is fair to say, I assume, that the in this Congress will do whate-rer they dare do to break down appointment of our consuls at the present time is controlled that system. by the principle of the civil-sernce law. It is a merit system, - M:r: :MARTIN of Virginia. Mr. President, the Senator from and they have to show their qualifications in order to get an New York can not justly draw any such inference from what I appointment. have said. I have indicated no hostility to the principle of Now, I should like to ask the Senator from Virginia why civil service. I said that for this particular service it was my these attaches abroad of the Department of Commerce should opinion and the opinion of the committee thnt better men could not be subject to a similar system of determining their fitness be obtained by selection through the Secretary of Commerce. for the positions to which they may be appointed. I beli-eve that better service can be obtained by selection rather 1\Ir. 1\IARTIN of Virginia. It was the opinion of a majority than by examination in this particular service; but I declared of the committee thnt better men for this particular service no hostility to the general principle of the civil-service system; could be gotten by the appointment by the Secretary of Com ~ entertain no such opinion; and I speak only for my!$elf when merce instead of by these examinations. I merely state that I say that I believe, in the main, it is an excellent service and position, because I do not think any good would come from ~as done great good. The Democratic Party bas no purpose of a discussion between the· Senator from Connecticut and myself. destroying it; I have no such purpose; and I have said nothing Every Senator on this floor knows all about this question, and to lead to such a conclusion. I said that for this particular knows what his views are. It seems to me all we need now is a service, which is a peculiar one, the officers should be appointed vote. I do not think it would do any good for me to engage in by selection of the Secretary of Commerce, and not by exami a discussion with the Senator from Connecticut. He and I nation under arbitrary rules. I firmly believe that; but in be differ. ll~.- knows what his views are and I know what mine lieving that, and declaring that, and expressing the desire in are, and e-rery Senator on this ·floor must know what his views this way to get the very best possible senice for the country, I are on this civil-service question. We believe that better men did not in any way· indicate hostility to the principle of civil ~an be gotten by the appointment by the Secretary of Commerce service. and we have so reported. If the Senate does not agree 1\Ir. BRANDEGEE. 1\Ir. President, when I said that no reason with it, just let Senators vote it down. The only thing, I think, bad been given why this should be done. of course I meant uo which will serve the country now is a vote and not a running reason that COUld stand intelligent examination, DO reason that discussion between the Senator from Connecticut and myself. could stand before the country. Of course I heard what the 1\Ir. BRANDEGEE. I have not _invited the Senator to enter Senator from Virginia [Mr. MARTIN] said-that, in his individ upon any discussion. I appreciate that taking the position be ual opinion, this Democratic Secretary of Commerce could get does and holding the view he does upon this question. it per better men than the ci-.- il-service system could furnish if it were haps w~uld be more prudent not to engage in any discussion not ravished anu repealed-but I did not consider that addi upon the merits of the matter. tional reason, if I may call it such, given by the Senator from Mr. MARTIN of Virginia. Mr. President, I am perfectly Virginia, why in this particular case this particular Secretary willing for the Senator to enjoy the opinion of his own su unde.. · this particular administration should select, was such a periority. I hope it will be a delight to him. I ·said what I reason as I was seelting. · did purely in the interest of the dispatch of b-usiness. Mr. OVERMAN. Mr. President, will the Senator yield to me? Mr. BRANDEGEE. I have not yielded to the Senator. Mr. BRAI\TDEGEE. Wait just a moment. until I finish the Mr. MARTIN of Virginia. I have said about all I wanted to sentence, and then I will gladly yield. Why in this particular say. whether the Senator yielded or not. case it so happens by some inherent, I have no doubt, but not Mr. BRANDEGEE. The Senator had said probably all he visible to the naked eye, reason that better men will be secured wanted- to say and probably more than he would have wished to by violating the method which experience and all the i)Olitiral have said. In spite of that exuberance of the Senator I under platforms have agreed would result in better service in all other stand so far there is no reason on the record why these gentle cases, is one of those mysterious things that I am not competent men should be exempted from the · rules which the Government to pry into nor to understand; but, of course, I assuma it ex of the United States thinks are necessary to impose in the in ists, "for I know it did exist in that other "particular and terest of the public service in the case of similar appointees of peculiar case" where some "particular and peculiar" reason other departments whose duties are practically the same. was given when we ravished the civil service to uccommodate So, 1\fr. Presid~nt, there being no reason presented why these some of our Democratic hungry, faithful, outside-of-the-breast commercial attaches should be exempted from the policy pur works patriots, who were put into the offices of internal-revenue sued by the Government in similar cases, in appointments in collectors and United States marshals and deputies; and you volving similar abilities, I assume that no reason exists except will find, Mr. President, wherever the civil service is to be torn the desire of the party in power to create $100,000 worth of down and thrown to the winds in ordet" to provide places for offices to be filled solely in the discretion of the Secretary of the Democratic faithful who are yearning for them that it is a Commerce, without any provision in the law as to how much "particular and peculiar case," which to the naked eye does each one is to receive. One hundred thousand dollars is appro not bear any peculiar evidence of requiring peculiar trentment. priated in a loose lump sum without even naming how many of but which, to those skilled in the psychology of this situation, these attaches shall be hired for it. It is left to the uplift it is perfectly apparent demands that remedy. tendencies and the civil-service love of this head of a depart Mr. BRISTOW. Mr. President, I suppose this is an appro ment to divide among the faithful according to his sweet will. priation of $100,000 to furnish provender; from the discussion If that is to be considered a fulfillment of a profession for that has gone on here and from the language in the bill it ap advancing the civil service of this Government upon an im pears to me purely political provender tha t is to be handed out. partial basis and as a manifestation of the keen desire of the At this time, when deficits are being created by extra,·agance, party in power to regulate carefully our expenditures and to and our revenues are declining, though new systems of taxation reduce what they have been denouncing as the extravagance of have oeen discovered, I think that it is not Yery opportune to the Republican Party, I submit the question upon its merits, if waste the public money in this way simply to give a lot of men it has any, and am perfectly willing to join with -the Senator jobs. from Virginia in taking a vote and making a record upon the The VICE PRESIDENT. The question is on the amendment question. proposed by the Senator from Utah [Mr. SMOOT]. Mr. ROOT. Mr. President, before the vote is taken I want to Mr. SMOOT. On that I ask for the yeas and nays. call the attention of the Senator from Connecticut to what I The yeas and nays were ordered. LI-656 I 10408 CONGRESSIONAL RECORD-· SENATE. . JuNE 13,. Mr. VARDAl\lAN. Let the amendment bes1ated. The amendment was agreed to. The VICE PRESIDE....,T. The Secretary will state the amend The VICE PUESIDENT. 'l'he bill is still before the Senate, ment. as in Committee of the Whole, and open to amendment. Tbe SECRETARY. It is proposed, ln the committee amendment .Mr. FLETCHER. I offer an amendment. on page J 7, line 16, found on page 132. in line 20, to strike out the following words: after the figures "$2,000," to insert'' stenographer, $1,000." and Without examination under the civil-service rules. then, in line 17, to change the figures from "$6,600" to " 7,GOO." The VICE PRESIDEXT. The Secretary will call the roll. That is to provide for the Joint Committee on Printing a The Secretary proceeded to call the roll. stenographer, who is Yery much needed. A resolution lias here. Mr. C.HAMBERLAIN (when his name was called). I have tofore passed the Senate providing for this employee. Four a general pair with the Senator from Pennsylvania [Mr. OLI committees of the House and of the Senate, two of each body, VER], which I transfer to the Senator from Oklahoma [Mr. have approved of that proposition. .OwEN], :md vote. I vote "nay." 1\Ir. MARTIN of Virginia. That amendment was never pre 1\Ir. CHILTO~ (when his name was called). I announce my sented to the committee, as the Senator from Florida was ab pair with the Senator from New Mexico [1\Ir. FALL]. I think sent from the city wben the bill was being considered by the that under the terms of my pair I am entitled to vote, though I committee. I am satisfied, howel"'er, that such stenographer is • shall not vote at this time, but will withhold my vote for the needed, and, so far as I am concerned, I think the amendment present. ought to be adopted. Mr. O'GORl\IAN (when his nal)le was called). I bave a gen The VICE PRESIDENT. The Secretary will state the amend eral pair with the senior Senator from New Hampshire [Mr. ment. GALLINGER], but I transfer that pair to the junior Senator from The SECRETARY. On page 17, line 16, after the numerals Tennessee [Mr. SHIELDsl and vote. I vote "nay." "$2.000," it is proposed to insert "stenographer, $1,000," and The roll call was concluded. in line 17 to strike out" $6,600" and insert "$7,600." 1\fr. CRAWFORD (after having voted in the affirmative). The VICE PRESIDENT. The question is on agreeing to the Inadvertently I Yoted without mentioning by pair. I have a c.mendment. general pair with the senior Senator from Tennessee [Ur. LEA 1. The amendment was agreed to. I transfer that p::tir to the junior Senator from California [.Mr. Mr. OVERMAN. I send forward an amendment to the com. [WonKs), and wi11 al1ow my Yote to stand. m1ttee amendment. on page 8, and, for the purpose of having Mr. JAMES. I transfer the general pair which I have with the amendment considered, I ask that the vote whereby the com ·the Senator from .Massachusetts [Mr. WEEKs] to the Senator mittee amendment on that page was adopted may be recon from Nebraska [Mr. HITCHCOCK] and vote. I vote "nay." sidered. Mr. STOXE (after having voted in the negative). I voted The VICE PRESIDENT. Without objection the vote b~ inadYertently, forgetting for the moment that the Senator from which the amendment was adopted is reconsidered, and the' .Wyoming [Mr. CLARK]. with whom I am paired. was not pres amendment is open to amendment. The Secretary will state the ent. I now transfer my pair with the Senator from Wyoming amendment to the amendment proposed by the Senator from to the Senator from Ohio [Mr. PoMERENE], and will allow my North Carolina. :vote to stand. The SECRETARY. On page 8, at the end of line 10, after the .1\Ir. BANKHEAD (after having voted in the negative). I numerals " $2,500," it is proposed to insert " assistant clerk, transfer my pair with the junior Senator from West Virginia $2,220." [Mr. GoFF] to the junior Senator from New Jersey [Mr. Mr. OVERMAN. Mr. President, I wish to say that the HuGHEs]. and permit my vote to stand. chairman of the Committee on Commerce, the Senator from Mr. MYERS. I have a general pair with the Senator from Arkansas [Mr. CLARKE]. was also absent from the city when Connecticut [l\lr. McLEAN]. I transfer that pair to the Senator the bill was being considered by the committee, and this from Nev::tda [l\Ir. NEWLANDS] and vote" nay." amendment proposes to give to the committee of which he is Mr. JOHXSO~. I have .a general pair with the junior Sena chairman the clerical force it has had in the past. There tor from North Dakota [Mr. GBONNA]. I transfer that pair to was in previous appropriation bills a clerk provided for that the junior Senator from New Hampshire [.1\Ir. HoLLis] and vote committee by name-! refer to Mr. Pulsifer-but we struck that ~·nay." out of the last appropriation bill. This amendment makes for Mr. SMOOT. I desire to announce the unavoidable absence the Committee on Commerce the same provision in regard to of the Senator from New Hampshire [Mr. GALLINGER], who has assistant clerks as is made for the Committee on Military a general pair with the junior Senator from New York [Mr. Affairs, the Committee on the Judiciary. and the Committee on 0' Go.lillAN]. Appropriations. The Committee on Commerce has only three · I also desire to announce the unavoidable absence of the employees attached to it now, and this allows the present ·senior Senator from Mnssachusetts [Mr. LoDGE], who has a chairman of that committee the clerical force allowed the com general pair with the senior Senator from Georgia [Mr. SMITH]. mittee when the late lamented Senator from Maine, Mr. Frye, Mr. CHILTON. I transfer my pair with the Senator from was chairman of the committee. The Senator from Arkansas; New Mexico LMr. FALL] to the Senator from Illinois [.Mr. who is now chairman of that committee, wants the same force OCillwis] and vote •• nay." that was formerly provided. I hope the amendment may be The result was announced-yeas 24, nays 27, as follows: adopted. YEA8-24. The v-ICE PRESIDENT. The question is on agreeing to the :A.sburst Clapp Lane Root amendment of the Senator from North Carolina to the amend Borah Crawford Martine, N.J. Smoot ment of the committee. Brady Cummins Nelson Sterling Brandegee Jones Norris Thomas The amendment to the amendment was agreed to. Bristow Page Vardaman The amendment as amended was agreed to. Burton ~i¥~Wette Perkiru{ Warren Mr. S~iOOT. On page 130, line 25, I move to strike out NAYS-27. u $75,000" and insert "$85.000." Bankhead Johnson • Pittman Swanson In explanation of the amendment. I desire to state that the Bryan Kern Ransdell Thompson Secretary of Commerce bas established a number of branch Chamberlain Lee. Md. Robinson Thornton Chilton Martin, Va. Sha.froth West bureaus of foreign and domestic commerce. Such branches have Fletcher 1\1 yers Sheppard Wbite up to the present time been established in New York. Chicago, Gore O'Gormnn Simmons Williams San Francisco, and New Orleans. There have been applications James Overman Stone for the establishment of slmilar branches at Atlanta, Seattle~ NOT VOTING-44. St. Louis, Pittsburgh, and Boston. The Secretary of Commerce Bu-rleigh Gronna Oliver Smlth, Ga. Catron Hitchcock Owen Smith, Md. wrote a letter to the Senator from Massachusetts [Mr. WEEKs] Clark, Wyo. Hollis Peru·ose Smith.. Mich. indorsing in the strongest terms the estnbllshment of one of Clarke, Ark. Bugbes Poindexter Smith, S.c. these branches at Boston. It will take $10.000 for that purpose, Colt Lea. Tenn. Pomerene Stephenson Culberson Lewis Reed ·Sutherland and this amendment is offered at the request of the Senator Dillingham Lippitt Saulsbury Tillman from Massachusetts with that object in view. du Pont Lod~e Sherman -Townsend The VICE PRESIDEN'.r. The amendment will be stated. Fal1 McCumber Shields WaJsh GaiUnger McLean Shively Weeks The SECRETARY. On page 132, line 25, it is proposed to strike Goff Newlands Smi tb, Ariz. Works out "$75.000 " and insert "$S~.OOO." So the amendment of Mr. SxooT to the amendment of the The amendment was agreed to. committee was rejected. Mr. O'GOR~lAN. I now offer the amendment which I sent to The VICE PllESIDEl\"T. The question recm·s on agreeing : the -desk some time ago. to come in .on page 107. . to the amendment of the committee. · The VICE PRESIDENT. The amendment will be stated. _1014. COXGRESSIONAL RECORD-SEXATE. 10409 The SEn:ETARY. It is vroposed to insert nt the end of line 12, Ur. MARTIN of Virginia. It has not been estimated for, ~o page 107. the following: far as I can recall. It was rejected by the committee. For tbe tempornry employment of typewriters, at $2.1:i0 per dny, who ·Ur. S~!OOT. That is as I understood. I should like to ask shall be certified uy tile Civil Service Commission in such numbers as the Senator from Maine for what reason he offers the amend may in the judgment of the Commissionel' of Patents, be necessary to ment, and whether it is really necessary? keep' current the work of fut·nishing copies of records, 10,000. Mr. JOHNSON. I will say to the Senator from Utah that l\lr. O'GORMA~ ~. Mr. President, the Patent Office furnishes I have here a copy of a letter which the collector of internal each year typewritten copies of records embodying from 25,000 reYenue for that district wrote to the commissioner recom to 30,000 word . This is a source of revenue to the GoYernment. mending the increase. It is only $300. The Commissioner of There is not sufficient clerical help from time to time to keep Internal Revenue says, in reply, that the salary is lower than these orders for records fully discharged, and especially in the it is in other places, and it ought to be increased, but that summer months, when some of the employees are away on their because of existing law, the amount having been appropriated Yacations there is a congestion of these orders. When the or in a lump sum, the increase can not be made unle~s there is ders are not filled, at times the persons interested have the some amendment. work done through outside agencies. Mr. 1\fARTIN of Virginia. Mr. President, I merely desire to I am informed-and the information comes from the depart correct what I said. I was addressing myself, as I supposed, ment head, from Mr. Lane himself-that each of the. e type to an amendment offered by the Senator from Maryland [Mr. writers, costing the Goverument $2.50 a day, actually pr:odnces LkE]. I do not think this amendment was e>er before the com a return of $10 a day to the Government in the way of mcome mittee, but in a conversation with the Senator from Maine it earned in this manner. commended itself very strongly to me as a just one. The amendment which I suggest is an amendment proposed ~Ir. JOHNSON. The only increase asked for is from $300 to by the Interior Department. I understand the chairman of the $600. The collector of internal revenue reported that he could committee is familiar with the merits of the amendment. and not obtain anybody to perform the work for $300. I think it should be adopted. To defeat it would be to deprive Mr. SMOOT. May I ask tbe Senator to read the letter from the Government of a certain income which it will receive if the commissioner? these typewriters are kept at work during the summer months. Mr. JOHNSON. I have here a letter from the commis The VICE PRESIDENT. 'l'fie qnestion is on ngreeing to the sioner, which reads as follows: amendment. TRE..I.SunY DEI'..I.RT~m=-T, The amendment was agreed to. OFFICE OF CO~UUSSIOXER OF l:STCR:-JAL RE\E::-i"l:JF., Mr. BRANDEGEE. 1\Ir. President, I move that the Sennte 1Vashillgton, May 19, 1911,. SETII W. JoxEs, Esq., reconsider the vote by whi~h the amendment at the bottom of Collector Intenwl Revenue, Portsmouth, N. H. page 153 was agreed to. Sm: ThL<; office is in receipt, by reference f1·om Representative Me· The SECRETARY. On page 153, line 25, after the word "this." GrLLICUDDY and Senator JOHXSON. of your letter of the 13th instant the words "or any other" were inserted as a committee amend concerning the mannei" in which the business of the stamp deputy at Portland, Me., your district, is conducted and in which you t·ecommend ment. that the compensation of that place be increased from $300 to $GOO per '.file VICE PRESIDENT. The question is on agreeing to the annum. motion to reconsider the vote whereby the committee amend You say that Stamp Deputy Cummings has never done the work of said office, as he could not for the salary, but has farmed it out to a ment was adopted. female stenographer, giving her one-half of the salary ($150) for doing The motion to reconsider was agreed to. the work. Mr. BllAl\"'DEGEE. l\Ir. President, I had intended, at the Concerning this matter you will please see that this practice on the part of the stamp deputy at the place mentioned is discontinued at time the committee amendment was agreed to, to make a point once, and ihat the person who performs the duties of stamp deputy re of order against those three words, "or any other." The bill ceives the salary allowed for the place by the Sec1·etary of the Treasury as it stands provides in part as follows. I shall read only a upon the recommendation of this office. Concerning the compensation of the place referred to. this office is of very small portion of it: the opinion that compared with the compensation now being received That no part of any money appropriated by. this or any other act by uther stamp deputies who perform a like service the stamp deputy shall be used during the fiscal Je:u l!H5 for tbe purchase of any type· at Portland should receive a grentet• compensation, but in view of a writing machine- provision of lhe act of ?\larch 4, 1!H3, making appropriations for the legi latlve, executive, and judicial expenses of the Govel'Dment for the And so forth. fiscal year ending Jnne 30, 1914, this office is not authorized to recom It is, of course, within the power of Congress to impose a ml:'.nd an increase in the compensation of such place. The provision limitation upon the expenditure of the money carried in this referred to is, in part, as follows: "SEC. 7. That no part of any money contained herein or hereafter bill without 'iolating the rule of the Senate, but it seems to me appropriated in lump sum shall be av!lilable for the personal se1·vices at that. when .this paragraph provides that neither the money ap a rate of compensation in excess of that paid for the same or similat propriated in this bill nor in any other act shall be expended services during the previous fiscal year * • • ." . for a gh·en purpose it clearly becomes general legislation upon In all probability the compensation of the stamp deputy at Portland was fixed at a time when deputy collectors were embraced in the com an appropriation bill. Other acts of Congress which ha:ve petitive classified civil service and the deputy who accepted the place appropriated money, and other acts-- was appointed without regard to dvil-service law and rules, and under· The VICE PRESIDENT. Does the Senator from Connecticut a rule of the civil-service commissioner could not receiye compensation in excess of $300 per annum. mnke the point of order? Yom· lettel' of the 16th instant on the same subject reached this l\Ir. BRAI\"'DEGEE. I do. office yesterday and is fully replied to herein. . Mr. 1\IARTIN of Virginia. In order to save time and facili Respectfully, tate the disposition of tht. bill, I consent to the striking out of W. H. OsBORN, Commissioner. those words. In accordance with that letter and the statement of the col The VICE PRESIDENT. The point of order being made, the lector of internal reyenue, I saw the chairman of the com Chair sustains it. mittee after the bill was reported, and was advised that the 1\.Ir. WILLIAMS- Mr. President, I send ta the desk an only way the amendment could be offered at this time was to amendment, which I ask to ha>e read. ask for an increase from $300 to $GOO. The VICE PRESIDENT. The amendment will be stated. Mr. S:\IOOT. I wi1l ask to have the amendment stated again. The SECRETARY. The Senator from Mississippi offers the fol The YICE PRESIDENT. The Secretary will again state the lowing amendment: amendment. On page 116, line 4, unaer the "Division of Assistant Attorney Gen The SECRETARY. On page 64, after line lG, the Senator from eral." strike out " one, $2,000," and insert in lieu thereof, " two at Maine proposes to insert : $2,000 each." For one stamp deputy at Portland, Me., $600. The amendment was agreed to. ,. $4.000,'' where it appears in the line, and insert "$5,000,'' so bill where the head of the department came and said unless that if amended it will read: !=here was an increase made the party would resign. Yet there it CIVIL SERVICE COMMISSION. Is not any doubt would be very easy to get somebody who fill For comm.fRsloner. actin~ as president of the commission, $:l,!YOO ~ would competently the place. At least we would wonder iwo commisswnet·s, at $5,000 each. wh~1t woui~ become of the Go\"ernment if a man hnppened to be stricken With palsy or heart failure or something of that kind Mr. JOXES. Mr. President, I shan take but a few moments when holding the position. It does not seem thnt the question of the time of the Senate. I offered an amendment in t'Je suggested by the Senutor from Indiana is u good n r~nment to committee pro\iding for a . greater increase· than this amend npply to n position of tllis kind. It is a qu<.stion whether these ment }Jroposes, but it was \Oted down \·ery strongly. Probably men .are being justly paid for their sen·ices. It certHinly does this amendment will be voted down also. but I want to call the reqmre those among the most competent men of the laud to fill attention of the Senate to the increase in the work of the the place. commis ion. We should remember, when we are considering the question I consider it to be one of the most important orgnnizations in whether these men are being justly paid for their ser\·ices the executi\·e department of the Go\erument. I belie\·e myself that it certainly does require most compet<>nt me>n .to fill thi; in the civil-sen-ice system. I belie,·e in everything that bas place. I know one member of the commission and I know be been said nbout it here this afternoon. I am not in favor gen is most compe~ent to fill any position un::!er the nm·emnwnt, erally of increasing tlle salaries of the \arious officers. The as ~ar as that Is concerne:l. Of cours<>, he is not threatening to members of the committee will bear me out in the stntement reSJgn. Be does not have to hold the place. He is filling it, that I ha\e ende~wored in the committee to keep down the however, and giYing the best of his time and tbe best of his appropriations as umch as possible. But it does seem to rue talent to its duties. I hn...-e not any doubt that other members tlwt tllere is a \ery great inequ<~lity in the salaries of the Ch·il Senice Com.rnisgjoners. especially when compared with many of the commission are equally competent. other officers of the Government occupying positions that I 1\Ir. KERX I should like to know the name of the member think are not nearly so important nor so responsible as are the of the commission to whom the Senator bas referred. 1\Ir. JOXES. l\lr. Craven, a gentleman I have known for a: positions which the members of this commission fill. If you will go through this bill. you will find position after position great rna ny yen rs. where, in my judgment and in the judgment of others-although hlr. KEXYO~. I should like to tnq11ire of the Senator if Senators may differ. of course-the positions are not so im the commissioners need automobiles in their worl{. and if the portant as the positions held by these commissioners. and yet a Senator has that in mind in offering the amendment? higl:!et· salary is gi\·en. I do not think tlley. ha\"e such great 1\!r. JOXES. No; I think not. responsibilities and duties devolving upon them. We pay the Director of the Mint a salary of $5.000 a year. 'l'he salnrie of the members of this comlllission were fixed a I do not imagine that it takes a mnn any more competent to grent many years ago. I do not think they have been increased handle the po!';ition of Director of the 1\Jtnt than one to look since the cornlllission was organized. When the commission was after the qualificHtions of the \arious officers throughout the country. Yet we pay him $5,000 a year and I hear no objection organized there were in the cl:~ st'tified serYice to be considered by it only 13,78!> positions. That was in 1 83. This number to that. had increased in March, 1895. to 15,573 positions; June 30, 1 97. We have an assistant treasurer in severnl different cities to 87.104 positions; June 30. 1901. to 10. !1H7 positions: June around through the country the duties of whose office may be' 3~, 1905, to 171,807 positions; June 30, 190!>, to 23-t940 posi filled by any ordinary business man-that of recei\'in(J' and' tiOns: and June 30, 191:3, to 2::it.597 positions, showing tile disbursing money. As a mHtter of fact, the work is don: \ery wonderful gi·ow·th of the business of the Ci¥il Service Commis largely. by sub6rdinates. Yet what do they get? In Chkago sion. the ass1~tnnt treasurer gets $5.000 a year; in the city of Boston. Xo~ long ago we placed undef the commisgjon the supervision he gets $5.000 a .. year; and.i~ the city of New York he gets practically of all the employees to be selected for the physical $8,000 a year. "Why the assiStant treasurer should get more in valuation of the railroads. They have to look after thnt. Xew York than in Chicago I do not know. I do uot imagine Then we placed the second assistant postmasters under the that he works any more hours a day in the city of New York commission, and a great many other positions which warrant than does the assistant treasurer in Chicago. I do not imagine th~ statement mnde here as to the tremendous growth of the thnt he works any harder during the hours he does work in offices thnt are brought under the classified serYice. If we are New York than does the assistant treasurer in Chicago. Yet" going .to have a Chil Senice Commisgjon-as we are going to he gets a salary of $3.000 a ye>ar more than the assistant have It, for the people of the country are behind it, and it is trensurers in the other cities receive. not ~o~ug to be done. away with-it should be jJst as efficiently :rhen we haYe the Commissioner of the Lnnd Office. who re adrmrustered as 11ossible. for the commissioners who have charo-e cerves $5.00lble positions or . 1\lr. S:\IOOT. Yes. It was originally $4,000, and it has been ha\"e any more work to do or fill a plnce thnt needs :my higher mcreased to $4,500. · qual!ficnt!on. I doubt if a great mnny of the-m need ns high Mr. JONES. I am glad the Senator ca11ed that to my atten quahficatwns as the members of the Ci\il Senire Commission. tion, becnu e, of course, I did not intend to misstate il Yet the Ci\"il Senice Commil"'sioners get only $-:l.ODO a year, and lUr. KERN. Let me ask the Senator if the commissioners my amendment simply proposes to increase the f.lalnry of ench are demanding an increase of salary? one of them $1.000. increasing the salary of the president of the . .iUr. JONES. I do not think they are. Their position is very commission from $4,500 to $5.500. different from that of other bm·eau chiefs. They have nobody Mr. l\.IA UTI~ of Virginin. Mr. President. fhis nmendment really to speak for them. They are not demanding it. I under was considered by the committee and the Renator from Wash stan.d. I suppose they woul~ have considerable delicacy about ington gave the committee the benefit of bis \iews. The com co~mg to the Senate. An mcre.1se of their snlaries has been mittee was unwilling to grant this increase. Unless we nre .,.oin01 estimated for, I !mow. An estimate, I think~ of $6.500 was made. into a general increase of the s;~lndes it ought not, in my Jndg~ Mr. KEfu'i. Has the Senator heard of any of them threaten rnent, to be allowed. If we are going to re,·ise nil the entire ing to resign? salnry list and revise it up, then this amendme1Jt ought to be Mr. JONES. No; I think not. If that is to be used as an adopted; but we conld not eee our way clear to ~rant tile in argument. tben. of course, we would not increase any s:tlnries, crense unless we were going into n re\"ision of tbHt sort and in becnu~e there nre \ery few of these people who are threatening crease salaries generally. While there are others recei\·incr more to res1gn. I know there have been one or two increases in this there are others receiving less. I hope the Senate will ':'ldher~ 10412 CONGRESSIONAL RECORD-SENATE~ JUNE 13, to the report of the committee, which gave conscientious consid It is proper to say at this period that some subsequent letters eration to this proposition. from the same bead, 1\Ir. Saltzgaber, and from 1\Ir. Lane, the l\lr. BURTON. Quite a number of salaries have been in Secretary of the Interior, reverse this last suggestion. They creased under this bill, have they not? do not think that they will need less, but quite the contrary Mr. l\IARTIN of Virginia. Undoubtedly they have. It was under certain conditions. almost impossjble to resist the importunities of Senators who 1\fr. JOHNSON. Do you propose that vacancies shall not be filled as came before the committee nbout some particular man. We ~as been the rule in that bureau for a number of years except to a fought against it as far as we could conscientiously, but we h.mited extent? ' have been unable to resist in some eases becau e it seemed to be nece sary and just; but we did not feel that in this case it 1\fr. MARTIN of Virginia. 1\Ir. President, if it is entirely was neces ary or just when considered in relation with the agreeable to the Senator from 1\faryland, it is demonsh·ated salaries paid other people in the employment of the Government. that 'Ye can not finish the bill to-night. There nre confronting Of cour e we have increased some salaries. us qmte a large number of matters which will take a long time l\Ir. BURTON. I notice there has been a considerable in- and it is perfectly manifest we can not finish the bill to-night: crease in the salaries of the Assistant Attorneys General. If agreeable to the Senator from Maryland that the bill shall go. over until Monday, I will ask that it be temporarily laid Mr. MARTIN of Virginia. That is true. aside. Mr. BURTON. From $5,000 to $7.500. Mr. MARTIN of Virginia. But that is the most important Mr. LA FOLLETTE. Will the Senator permit me to offer and the most responsible work that is now confronting the an amendment, that I may have it printed? . GoYernment. Mr. .l.\.IARTIN of Virginia. I will be glad to yield for that purpose. I yield to the Senator from Wisconsin [1\fr• . LA. The VICE PRESIDENT. The question is on the amendment }j.,OLLETTE]. proposed by the Senator from Washington [Mr. JoNEs]. The amendment was rejected. Mr. LA FOLLETTE. The Senator yields to me for that pur 1\fr. LEE of 1\Iaryland. 1\lr. President, on page 105 I move pose, and I offer the amendment which I send to the desk. to strike ont lines 11 to 19, inclusive. . Mr. LEE Of Maryland. 1\lr. President, I am not willing to The VICE PRESIDENT. The amendment will be stated. yield the floor at this time. The SECRETARY. On page 105 it is proposed to strike out the 1\fr. LA FOLLETTE. I beg pardon of the Senn tor from 1\~aryland. I did not mean to intrude myself into the discus- ' paragraph, beginning on line 11, which reads as follows: SIOn. During the 'fiscal year 1915 not more than 25 per cent of the vacancies occurring in the classified service of the Bureau of Pensions herein 1\lr. LEE of Maryland. The chairman of the committee has above provided for ~hall be filled except by promotion or demotion from among those in th£: classified service in said bm·eau. And the asked me to yield. I will ask him when the bill will be brought salaries or compensation of all places which may not be filled as herein up on 1\Iondav. above provided fot· shaJJ not be a va.ilable for expenditure, but shall 1\fr. .1\IARTIN of Virginia. Immediately after the routine lapse and shall be covered into the Treasury. business. 1\fr. LEE of Maryland. Mr. President, there has been a good .:arr. LEE of Maryland. In view of the fact that I can not be deal of fine feeling expressed in this body lately in behalf of her~ between ~1 and 12 o'clock on Monday, I think, it will be the old soldiers of the country and there is no one who has advisable to dispose of this amendment now. more good feeling for them than myself. The re~l fact of the 1\Ir. MARTIN of Virginia. That is impossible. The amend matter is, I realize, and all ought to realize, that every man ment _is goin~ t~ be debated. If Senators were not going to de who offers his service as a private volunteer soldier to the bate It, and If It were to be voted on at once it would be all United States not only faces the legitimate ability of the enemy right, but it is impossible to dispose of it this 'evening. that he may go up .against. but he goes forth to war under a Mr. LEE. of Maryland. The Senator can at least let me pre system where there is no adequate provision for properly edu sent my views, and th·en the Senate can do what it pleases cating volunteer officers to lead troops. There ought to have with the amendment, whether I am here or not. been in this country, and there ought to be now, two more West 1\Ir.. MARTIN of Virginia. How long will it take the Sena- Points. '£here ought to be another West Point in the Mis tor to present his views? sissippi Valley and another West Point on the Pacific coast. Mr. LEE of Maryland. Not very long. But. as it is, the American soldier goes forth under the rawest Mr. MARTIN of Virginia. That is a very vague statement. imaginable kind of YOlunteer leadership. It costs many lives Mr. LEE of Maryland. I have two letters here to read-one to educate such officers. from Mr. Saltzgaber and one from Secretary Lane. We have here a provision affecting the old soldier, and this 1\fr. MARTIN of Virginia. The Senator yielded the floor. being a practical question, I am interested to see bow the . Mr. LEE of Maryland. ,I ~av~ not yielded the floor, except Senate is going to act about it. Here is a bureau largely manned m response to the Senators mqmry. I think I have the floor, by a lot of old soldiers: If they become inefficient from old and I do not see bow the Senator can offer a motion to ad- age, and additional help is needed, you have to discharge journ-- · . four of them to get one new man under this provision. You 1\fr. MARTIN of Virginia. I am not disposed to be technical must discharge four old soldiers to get one young official under with the Senator, but be did yield the ftoor. I asked him to this provision of the bill, assuming that that department. is do so, and be said he would. largely manned by old soldiers. . Mr. LEE of Maryland. I did not respond. Not only is this department itself in large part filled by old Mr. MARTIN of Virginia. Then I certainly misunderstood soldiers, but it is a department upon which the prompt, efficient the Senator. payment of_pensions depends. ' Mr. LEE of Maryland. The Senator certainly did misunder In this connection I want to read to the Senate from page stand me. 432 of the hearings on this bill in the House, the statement of Mr. MARTIN of Virginia. I got the recognition of the Chair. Mr. Saltzgaber, Commissioner of Pensions: However, if the Senator merely wants to present his views I want to ask you first of all- briefly, very .well. Mr. JoHNSON inquired- Mr. LEE of Maryland. A Senator always gets recognition of the Chair before he asks another Senator to yjeld to him in to say whether your office force is fairly efficient? order that he may make an inquiry. He can not mak.) an in Mr. SALTZOABEB. A large part of it is and a large part of it is quiry in any other way. in~~i}notHNSON. What is the inefficiency due to? Mr. SHAFROTH. Mr. President, I do not think the Senator Mr. SALTZOABER. It is due to old age. from Maryland will take over 10 minutes. I want to call the attention of Members of the Senate, those 1\lr. LEE of Maryland. I do not think I will take over 10 gentlemen who are so sympathetic for the old and decrepit minutes, and I can not be here, as I have said, early on Monday. soldier who loses his place, to this: Mr. MARTIN of Virginia. I am perfectly wllling that the Mr. JOHNSON. What is the inefficiency due to? Senator shall go on, then. I did not know bow long the Senator Mr. SALTZOABER. It is due to old age. That is the principal dis desired to spenk. qualification. Mr. LEE of Maryland. I did not know. Mr·. JoHxso:s. Have you very many old people in that bureau? Mr. MARTIN of Virginia. Now, the Senator says 10 min Mr. SAr,TzUABI'lR. We have quite a good many. I think we have been the dumping ground for other institutions and departments of the Gov utes, and I will not make any further conh·oversy about it. ernment in that respect. I am afraid so: We have some people who Mr. LEE of .Maryland. Mr. President, when interrupted I have been there more than 40 years. Mr. JOHNSON. I see you are asking for 100 people less next year than think I was reading from page 433 of the House hearings. Mr. you have now; why are you able to get along with a less force? Saltzgaber went on to say: Mr. SALTZGABER. We think the work of the bureau will decrease. I desire to submit to the committee a suggestion- 1914. CONGRESSIONAL RECORD-SENATE. 10413 There were so many old people in bis bureau that, out of Tbe IetteT referred to 1s as follows: mercy to tllese old emploJees, this kindly roan desired to sug DEPARTMENT OF THE lNTF.RTOR, BUREAU OF l'E~STON S, gest some way of giving them occupation -and support, and he lVashin.gton, May £6, 1914. really nsked the committee to provide n number of small places Bon. THOMAS B. MARTIN, where they might be employed in the reduced condition of their Chairman Committee on li.prwopriations, extreme old age. His suggestion was tbis: United States Senate. MY DEAR SE~ATOR: I desire to call to your personal attention, and It is going to be pretty bard to turn oft' 100 and upward of our peoplP, through you to the attention of other members of your committee, the and it has been suggested to me that there be added to the estim~ t«:s pr·oviso on page 105., lines 11 to 19, Inclusive, in the legislative, execu 50 positions at 900 each, $900 being the lowe.-t salary upon which It IS tive, and judicial appropriation biiJ now pending, as fOllows: su ~p osed that one would be able to subsist in Washington. That is pro "l)ui·ing the fiscal year Hll5 not m01·e than 15 pe:· cent of the vacll.!l posed in order that we may be able to take care of many who a1·e old cies oceuiTing In the classified set·vloe of the Bureau of l'ensions herem and who have rendet·ed faithful ·e1-vice, instead of turning them abso above provided for shall be filled except by promotion or demotion fr·rs covN'R the whole fiscal year, and if enucted Into law \Viii greatly l3UR'EAO OF PES S!O~S, handicap the Commissioner or l'ensio.ns in the WOI'k of the ~UI"~nu. I Washington, April 9J 191.q. believe that no good gTounds now ex1st for the raising of thts Impedi ment to appointments o1· transfers to the Pension Bureau through the Hon. JOSEPH T. JoH~SON, Civil Se1·vice Commission. · Ho1tse of .Retn·esentatives. Out of a -::lerical for·ce of 1,259 In the bm·eau, who are engaged in -the MY DE.AR Ma.• JOHNSON: Rl:'fening to my convf'rsution with you rela adjudication and payment of pension claims. 26 are detailed to other th·e to the item In the legislative btll which provides that not more than departmc>nts and 39-l have reached an a~?e beyond Ga yea1·s, as follows: 2ii per ct>nt of the vacan.::ies occulTing in thE' classified ser·vic~> of the One Is no; 20 nre between SO and 85; 60 bPtween 75 and 80; 145 be Dureau of Pensions providl'd for· shall be tilled except by promotion or tween 70 and 75; and 168 are between Ga and 70; and when the forc.e. demotion from among those In the classified servlcc>, I have the honor is decTensed by 14i'i, nceording to the present bill, the wot·king force to advi~e you that the r·ecor-ds show that this proviso restrictin(t the of the clerks below the age of -65 year-s will be reduced to 6!14. appointments in the langu.a~f' containc>d in the bill hns not beretofo1·e It is therefot·e urged that the commissioner·s hands mav be free _to appea1·ed i.n any appropriation bill. with the exception of the appt·o fill thfse vacancies as the.Y occur from natural causes, without restnc prlutlon bill for the pr·eseut fiscal year·. tion to enable him to secure competent help when it is t·equil·ed, thus It is under·stood that the proviso and restr1ction referred to. which raising the standar·d of efficiency of the clerical force of the bureau, appears in the legislative app1·opr·ia tion bill for the curr!:'nt fiscal .rear, which by reaRon of the mental and physical infirmities of the aged was inserted on the recommendation of a former Acting Secretary of cler·ks: has faUen way below no1·mal. It is J?Ut his intenti~n or desil·e the Interim'. t{l met•t conditions and a policy w"bich appeared to c>xist to fill any such vacancies nnless the exigencies of the set·v1ce actu.ally at that tillie, but which, in my judgment, would not apply to existlng t·equire it. lt is -shown by his estimates and by the recommendai:wns conditions at tl.Jis time, or be in support and furtber·ance of the pt·esent in the bill that the commissioner is very materially decreasing th~ force policy of this hnreau of the but·ean, "-ben and where it can be done :judkionsly, without In this connl'ction it is proper to state that from 1906 to HHO, in impairment to the pro_per care and adjudication of pension claims, and cln&ive, it was provided each yf'ar during that period in the legislative this policy will be pUI"sued he1·ea'fter with a vi_ew to imp1·oveme~t of_ appropriation bill that no vacancy tht:>n existing in the clerical for·ce the service and with a high regard fo1· the rights of the penSioner of this bureau, Ol' which might occur after March 1 and prior to .July as well as for· the interest of the Gove1·nment . 1 of the ye:.trs mentioned, shonld be filled by original appointment or .Present conditions in Mexico, wb1cb will certainly result in the trsnsfet. presentation of many new claims, to~etbe1· with contemplated legisla This provlsiGn was probably insertl:'d to ml:'et requiTements exi~ing tion relative to widows· claims. will vet·y probably nec·essitate an in durin;; that period, but which appeared no longer ne(·essary after 1010, crease of force unless the r· estt·ictive clause Indicated be eliminated. as it was omitted from the approptiation bill after that yc>ar. l;uch a Yom· attention Is particularly invited to the letter of the llonot·able limitation certainly Ls not· needed nor desired at the present time. Secretary of the Interior. addressed to you under date of April 23, 1914, It is tilerefot·e earnl'stly requested that the pr·oviso and restriction bearin~ upon this subject. referred to herein be omitted from the appropriation bill for the next All of which is I•e:>pectfnlly snbmitted. fiscal year. 'Very co.Pdially, yours, Very truly, yours, G. M. 'SALTZGamm~ ·commissionet·. G. M. SALTZGAlJEll., Cmmnissioner. Mr. sro3E. 1111·. President. I mO\'e that the Senate proceed Tbis letter was followed by a letter from the Secretnry of the to the consioerntion of executive business. Interior, .Mr. Lane, to Ron. THoMAS S. 1\lARTlN, chairman of Mr. LA FOLLE'J:'TE. I nsk the Senator to withhold tbe the Committee on Approt.Jriations, United States Senate, dated motion for "}1 moment to a·How me to offer an amendment. Avril 23, 1914.. On the second page, after referring to other Mr. STO.:.\~. I withhold the motion. items, he &~ys, after quoting the vortion whicll I have moved 1\Ir. LA FOLL'I 4 sellers of products and commodities and the purchasers thereof. It of the statutes of Missouri, .was that the act was unconstitu prohibits manufacturers and sellers from making contracts or arrange tional because it did not apply to combinations for the purpose . ments intended or tending to increase the mat·ket pt·ice of the articles of fixing the . price of labor or services, and did not embrace they make or sell, but does not prohibit purchasers ft·om combining to fix or reduce the market price of the commodities or article. to be pur within its purview organizations of that kind. . Therefore it chased by them. (3) Because said statute, as construed by the com was claimed that the act was discriminatory. The defense was missioner, unreasonably and arbitrarily interferes with plaintiff in made in the following language, as quoted by the Supreme error's right to make proper and reasonable business contracts, and de prives it of property rights in respect thereto." Court: These exceptions were urged and argued in the Supreme Court Because said statute arbitrarily discriminates between persons mak upon the filing of the commissioner's report. Judgment was entet·ed ing or selling products and commodities and persons selling labor and upon the report, in which it was adjudged that by reason of the service of all kind's, in that each section of said statute applies only to violation of the statutes of the State, as charged in the informatio::-:. articles of merchandise, and not to labor or services and the like, the plaintiff in error had forfeited the license theretofore granted to it prices of which are equally and similarly determined by competition. to do business in the State, and it was adjudged that the license be -This opinion squarely decides that that defense is not a good forfeited and canceled and the company ousted from its rights and franchiseE~ granted by the State to do business in the State, and a defense, and that legislative bodies have the power to make fine of $50,000 was imposed upon it. It was, however, provided that that discrimination if they see fit. The decision is of impor4 upon payment of the fine on or before the 1st of January, 1912, and tance at this time because it will throw light upon certain sec4 immediately ceasiug all connection with the International Harvestet' Co. of New Jersey and the corporations and copartnerships with which tions of the trust bill which has been recently sent to the Senate it had combined, and not continuing and maintaining the unlawful from the House. agreement and combination with them to lessen and destroy competi The PRESIDENT pro tempore. Will the Senator _amplify tion in the sale of the enumerat<>d farm implements and giving satis factory evidence thereof to the court, the jud~ment of ouster should his request so as to have the opinion submitted by him printed be suspended. The company was given until March 1, 1912, " to file as a Senate document, in order that it may be more accessible its proof of willingness " to comply with the judgment. It was also to Members of the Senate? adjudged that upon a subsequent violation of the statute " the sus pension of the writ of ouster shall be removed" by the court " and Mr. REED. I shall be glad to adopt the suggestion of the absolute ouster be enforced." and to that end the court retained "its Chair. full and complete jurisdiction over the cause." (237 Mo., 3.6\:}.) The PRESIDENT pro tempore. Unless there is objection, A motion is made to dismiss on the ground that plaintiff in error in its answer simply denied that it bad violated the antitrust laws of that feature will be added to the request of the Senator from the · State, and, it is contenCied, that by not alleging in its answer that Missouri: The Chair hears no objection, and it is so ordered. those la.ws violated the Constitution of the United States it waived The matter referred to is as follows : such defense. It is further contended that because the li'ederal right was not asserted in the answer the Supreme Court of the State could I:STERNATIONAL HARVESTER CO. not have considered and did not consider or decide it. Decisions of the Supreme Court of the United States. No. 166--0ctober term, 1913. Supreme Court of Missouri are cited to sustain the contentions. The decisions declare the proposition that constitutional questions International Harvester Co. of America, plaintiff in error, v. The State must be raised at the first opportunity or, as it is expressed in one of of Missouri, on the information of its attorney general. In error to the cases (Brown v. Railway Co., 175 Mo., 1), "the protection of the the Supreme Court of the State of Missouri. June 8, 1914. . Constitution must be timely and properly invoked in the trial court." Mr. Justice McKenna delivered the opinion of the court. In Milling Co. v. Black (242 Mo., 31) it is said: The ruling of this Information In the nature of quo warranto brought Jn the Supreme court is that so grave a question [constitutional question] must be Comt of the State to exclude plaintiff in error from the corporate lodged at the first opportunity or it will be deemed to have been rights, prlvil~es, and franchises exercised or enjoyed by it under the waived. If it can be properly and naturally raised in the pleadings, laws of the o:;tate, that they be fot·feited, and all or such portion of and thereby be a question lodged in the record proper, such is the time its property as the court may deem proper be confiscated or in lieu and place to raise it," and that it Is too late to raise the question after thereof a fine be imposed upon it in ·• punishment of the perversion, judgment in a motion for new trial. In Hertzler v. Railway Co. (:.!18 usurpation, abuse, and misuse of franchises." l\Io., 1) it was held: "A motion for a new trial was not the first The ground of the action is the alleged violation of the statutes of door for the question to enter, and in our later decisions we have ruled the State passed respectively in 1899 and 1909 and entitled " Pools, that a question of such gravity must be raised as soon as orderly pro4 trusts, and conspiracies," and " Pools, trusts, and conspiracies and dis cedure will allow. This in order that the trial court may be treated criminations." fairly and the question got into the case under correct safeguards and The facts alleged in the information are these: Plaintiff in error is earmarked as of substance and not mere color." a Wisconsin corPQration engaged in tbe manufacture and sale of agri It is manifest, we think, that the court only intended to express cultural implements, binders, mowers, etc., and was licensed on the the condition of appellate review to be that in the trial court con 5th of April 1892, to do business in Missouri under the name of the stitutional question should not be reserved until the case had ~$One to Milwaukel:' Harvester Co., and on September 18, 1902, became · licensed judgment on other issues and then used to secure a new trial. The to do and em;aged in such business in the State. In that year the principle of the rulings is satisfied in the case at bar. It is, as International Hat·vester Co. of New Jersey was organized with a capital we have seen, an original proceeding in the -Supreme Court and upon stock of $120,000,000 for the purpose of effecting a combination of the report of the commissioner which brought the case to the court plaintiff in error and certain other companies to restrain competition in for decision of the issues and questions involved in it the Federal the manufacture and sale of such agricultural implements In Missouri, questions were made " under correct safeguards and earmarked as of and the New Jersey company has maintained plaintiff in error as Its substance and not mere color.'' It is true the court has not referred soie selling agent in Missouri. Before the combination the companies to .them in its opinion; but we can not regard its silence as a condem4 combined were competitors of one anothet· and of other corporations, nation of the time or manner at or in which they were raised. The individuals and partnerships engaged in the same business In the State motion to dismiss is, therefore, denied. and that thereby the people of the State, and particularly the retail The assig-nments of error necessarily involve a consideration of the dealers and farmers of tbe State, received the benefit of competition statutes. The relevant provisions are contained in section 10301 of in the purchase and sale of farm implements. The combination was the Revised Statutes of the State of 1909, and section 8966 of the designed and made with a view to lessen, and it tended to lessen, Revised Statutes of 1899. free competition in such implements, and thereby the said corporations Section 10301 provides "that all arrangements, contracts, agree4 entered into and became membet·s of a pool, tl'Ust, combination, and ments, combinations, or understandings made or entered into between agreement. In furtherance thereof and for the purpose of giving the two or more persons, designed or made with a view to lessen, or which International Harvester Co. of New Jersey a monopoly of the business tend to lessen, lawful trade, or full and free competition in the impor of manufacturing ana selllng agricultural implements in the State, and tation, transportation, manufactm·e. or sale" in the State "of · any for the purpose of preventing competition in the sale thereof, plaintiff product, commodity, or article, or thing bought or sold," and all such In error bas compelled the retail dealers in each county of the State arrangements. etc., " which are designed or made with a view to in who desire to handle and sell or act as agent for it to refrain from crease, or which tend to increase, the market price of any product, com sellh:g implements manufactured ot· sold by competing companies or modity or article, or thing of any class or kind whatsoever bought persons. By reason thereof competition in such implements has been and soid" are declared to be against public policy, unlawful and void, restrained, prices controlled the quantity of such implements bas been and those offending "shall be deemed and adjudged guilty of a con fixed and limited, and plaintiff1 in error has been able to secure, and for spiracy In rest1·aint of trade. and punished" as provided. several years enjoy, from 85 to 90 per cent of the business, all to the Section 8966 provides that arrangements. etc., such as described in great damage and loss of the people of the State, and by reason of its sertlon 10301, having like purpose, and all such arran~ements, etc., participation in the pool, trust, and combination and by reason of the " whet·eby and under the terms of which it is propoRed, stipulated, acts and · things done by it plaintiff in error bas been guilty of an provided. agreed, or understood that any person, association of persons, J.llegal, willful, and malicious perv:erslon and abuse of its franchises, or corporations doing business in " the State, "shall deal In selllng or privileges and licenses granted to 1t by the State. · offer for sale" in the State " any particular or specific article, product. The answer of plaintiff in error denied that it had become a party or commodity, and shall not durmg the continuance or existence of to any combination OL' that in Its transactions there was any purpose anv such arrangement • • • deal in, sell, or offer for sale,'' in to restrain or lessen competition, or that trade had been or was the State, "any competing . article, product, or commodity," are de restrained. clared to be against public policy, unlawful, and void; and any person The case was referred to a special commissioner to take the evidence offending "shall be deemed and adjudged guilty of a consph·acy to de a.nd report his conclusions. He found, · as alleged in the information, fraud and be subject to the penalties " provided. that the Intemational Harvester Co. of New Jersey was a combination By' section 10304 of the Revised Statutes of 1909 it Is provided that of the properties and businesses of formerly competing harvester com domestic offending c01·porations shall fo1·felt their charters and all or panies and plaintiff in error being one of such companies and, · there any part of their propet'ty as shall be adjudged by a court of competent after by selling the New Jersey company's products in Missouri, had jurisdiction, or be fined in lieu -or the forfeiture of charters or of prop- violated the Missouri statutes against pools, trusts, and conspiracies. In exceptions to the rE>port of t~e specia~ commissionet• plaintiff In et'7orelgn offending corporations shall forfeit their right to do business error urged tbat the statute of ~:hssouri vwlated the equah.:y clause in tbe State, with forfeiture also of property, or in lieu thereof the and due process clause of the fourteenth amendment to the Constitu tion of the United States, " ( 1) because said statute arbitrarily dis paf:~~ttaf; ~- rst~ndard ou Co. (218 Mo .• 1, 370, 372) the Supreme -criminates between pet·sons making or selling .products and commodities Com·t held that the antitrust statutes of the State "are limited in and pl:'l·sons selling labor and service of all kinds: In that each section theil' scope and opet·atlons to persons and.c01·porations dealing in com4 of said statute applies only to at·tlcles of merchandise and not to labor modities, and do not Include combinations of persons engaged in labor or services and the like, the prices of which are equally and similarly purs\tits." And .. ju.stifying · the statutes agamst" a chat·ge of illegal determined by competition, and may be equally and similarly the subject olsc!'imlnation. the cQurt fmi:ber said that "it must be borne in mind of combination and conspiracy to the detriment of the public. (2) Be that the ·dttfe'l'entlatlon between -labor and property is so great that cause said statute arbitrarll¥ discl'lminates between the makers and they do not belong to the same general classification of rights or 1914. CONGRESSIONAL RECORD-.. SENATE. 10415. things, and have nP.ver been so recognized by the common law or legis- in persons, but In restraints." A law to be valid, therefore, is the lative enactments." . inflexible deduction. can not distinguish between "restraints," but mP.st Accepting the construction put upon the statute, but contesting Its apply to all restraints. whatever their degree or effect or purpose; legality as thus construed, plaintiff in error makes three conte.ntiOJ'!~'~-: and -that because the Missouri statute bas not this universal operation (1) the statutes as so construed unreasonably and arbitranly hmtt it offends against the equality required by the fourteenth amendment. the right of contract; (2) discriminate between the vendors ot com This court has decided many times that a legislative classification docs modities and the vendors of labor and services; and (3) between ven not have to possess such comprehensive extent. Classification .must he dors and purchasers of commodities. accommodated to the problems of le~?;islation, and we decided in Ozan (1). The specificat ion under this head is that tbe Supreme Court Lumber Co. v. Union County Bank (207 U. S., 251) that it may depend found, it is contended, benefit-not injury-to the public had resulted · upon degrees of evil without being arbitrary or unreasonable. We re· from the alleged combination. Granting that this is not an overstate peated the ruling in Heath & Milligan Manufacturing Co. v. Worst ment of the opinion the answl'r is immediate. It is too late in the day (Id., 338), in Engel v. 0'1\ialley (219 U. S .. 128). in Mutual Loan Co. v. · to assert against statutes which forbid combinations of competing <:Om Martell (222 U. S .. 225). and again in German Alliance Insurance Co. v. panies that a particular combination was lndoced by good intentiOns Lewis (233 U. S., 389, 418). In the latter case a distinction was sus and bas had some good effect. (Armour Packing Co. v. United States, tained against a charge of discrimination between stock fire insurance 209 U. S., 56, 62; Standard Sanitary Mfg. Co. v. United States, 226 companies and farmers' mutual insuranct' companies insuring farm prop U. S., 20, 49.) The purpose of such statutes is to secure competition erty. If this power of classification did not e:dst, to what straits and preclude combinations which tend to defeat it. And such is ex legislation woulc be brought. We may illustrate by the examples furn plicitlv the purpose and policy of the Missouri statutes; and they have ished by plaintiff in error. be('n sustained by tbe Supt·eme Court. There is nothing in the C~n In the enumeration of those who, it is contended, by combination are stitution of the United States which precludes a State from adoptmg able to restrain trade are included, among others, "persons engaged in and enforcing f:luch policy. To so decide would be stepping backward. domestic service" and " nurses," and because these are not embraced (Carrol v. Greenwich Ins. Co., 199 U. S., 401; Centra Lumber Co. v. in the law, plaintiff in error, it is contend('d, although a combination South Dakota, 226 U. S .. 157.) of companies uniting the power of $120,000,000 and able thereby to It is true that the Supreme Com·t did not find a definite abuse of engross 85 per cent or 20 per cent of the trade in agricultural imple its powers by plaintiff in error, but it did find that there was an of ments, is nevertheless beyond the competency of the legislature to pro fpnding against the statute, a union of able competitors and a cessa hibit. As gt·eat as the contrast is, a greater one may be made. "Cotler tion of their competition, and the court said : " Some of the smaHPr the principle applied a combination of all the g1·eat industrial enter concerns that were competitors in the market have ceased their strug prises (and why not railroads as well?) could not be condemned un gle for existence and retired from the field." '.rhts is one of til~ re~ . less the law applied :.1s well to a combination of maidservants or to suits which the statute was intended to prevent, -tbe unequal struggle . intants' nurses, whose humble functions preclude efl'ectlve combination. of Individual effort against the power of . combination. The preventing Such contrasts and the considerations they suggest must be pushed of the engrossment of trade 1s as definitely the object of the law as aside by government, a'ld a rigid and universal classification applied, 1~ price rPgulation of commodities. Its prohibition being against combi Js the contention of plaintiff in error: and to this the contention must nations "made with a view to lessen, or which tend to lessen. lawf11l come. Admit exceptions and you admit the power of the legislature to trade or full and free competition in the importation, transportation, select them. But it may be said the comparison of extremes is forensic, manufacture, or salf> of any commodity or article or thing bought or and, it may be, fallacious; that there may be powerful labor combina sold." (See Standard Oil Co. v. United States: ·221 U. S., 1; United tions as well as powerful industrial combinations, and weak ones of States v. American Tobacco Co., Id., 106; United States v Patten, 225 both, and that the law to be valid can not distinguish between strong U. S .• G25.) and weak offenders. This may be gt·anted (Engel v. O'Mall~y. supra), (2) and (3). '.rhese contentions may be considered together, both but the comparisons are not without value in estimating the conten involving a charge of discrimination-the one because the law does not tions of plaintiff in error. The foundation of our decision is, of course, embrace vendors of labor, the other because it does not cover purchasers the power of classification which a legislature may exercise, and the of commodities as well as vendors of them. Both, therefore, invoke a cases we have cited, as well as others which may be cited.. demonstrate consideration of the power of classification whkb may be exerted in that some latitude must be allowed to the legislative judgment in se the legislation of the State. And we shall presently see that power lecting the "basis of community.'' ·we have said that it must be pal has very broad range. A classification is not invalid because of simple pably arbitrary to authorize a judicial review of It, and that it can inequality. We said in Atchison, Topeka & Santa Fe Railway Co. v. not be disturbed by the courts " unless tbey can see clearly that there Matthews (174 U. 8., 96, 106), by Mr. Justice Brewer: "The vpry idea is no fair reason for the law that would not require with equal force of classification is that ot inequality, so that it goes without saying its extension to others whom it leaves untouched.'' (Mo., Kan. & Tex. that the fact of lneq•Jality In no manner determines the matter of con Ry. Co. v. 1\Iay, 194 U. S., 267, 269; Williams v. State of Ark., 217 stitutionality." Therefore it may be there is ref:ltraint of competition U. S., 79, 90; Watson v. State of Mmyland, 218 U. S., 1-73, 179.) in a combination of laborers and in a combination of purchasers, but The instances of these cases are instructive. In the first there was that does not demonstrate that legislation which does not include either a difference made between landowners as to liability for permitting combination is illegal. Whether it would have been better policy to certain noxious grasses to go to seed on the lands. In the second, the have made such comprehensive classification it is not our province to statute passed on made a difference between businesses in the goJici decide. In other words, whether a combination ot' wage earners or pur tation of patronage on t·ailroad trains and at depots. In the third, a chasers of commodities called for repression by law under the condi difference, based on the evidence of qualification of physicians, was tions in the State was for the legislature of the State to determine. declared valid. In Carrell v. Greenwich Insurance Co .. supra. a statute of Iowa w::.s ln Western Union Telegraph Co. v. Milling Co. (218 U. S., 406), a considered which made it unlawful for two or more fire insurance distinction was made between common carriers in the power to limit companies doing business in the State, or their officers or agents, to liability for negligence. In Engel v. O"Malley, supra, a distinction be make m· enter into combinations o1· agreements in relation to the rate~ tween bankers was sustained; and in Provident Savings Institution v. to be charged for insurance anrl certain other matters. The provision Malone (221 U. S., 660) , deposits in savings banks were distinguished was held invalid by the Circuit Court of the United States for the from deposits in other banks in the application of the statute of District of Iowa on the ground of depriving of liberty of contract limitations. secured by the fourteenth amendment and of the equal protection of Other cases might be cited whose instances illustrate the same prin the laws. This court reversed the decision, saying. after stating that ciple and in which this court bas refused to accept the higher gener there was a general statute of Iowa which prohibited combinations alizations urged as necessary to the fulfillment of the constitutional to fix the price of any article of merchandise or commodity or to limit guaranty o1' the equal protection of the law, and in which we, in effect, the quantity of the same producpd or sold in the State: held that it is competent for a legislature to determine upon what " Therefore the act in question does little, if anything. more than differences a distinction may be made for the pu1·pose of statutory apply and work out the policy of the general law In a particular case." classification between objects otherwise having resemblances. Such Again: · power, of course, can not be arbitr:uily exercised. The distinction made " 'If an evil is specially experienced in a particular branch of busi must have reasonable basis. (Magoun v. Illinois Trust, etc., Bank, 170 ness, the constitution embodies no prohibition of laws confined to the U. S .• 283; Clark v. Kansas City, 176 U. S., 114; Gundling v. Cbica .~o, evil or doctrinaire requirement that they should be couched in all 177 U. S., 183 ; P etit v. Minnesota, 177 U. S., 164 ; Williams v. Fear~:>, embracing terms." ' 179 U. S., 270; American Sugar Refining Co. v. Louisiana, 179 U. S., And- 89; Griffith v. Connecticut, 218 U. S., 563; Chicago, R. I. & Pac. Ry. " If the Legislature of 'the State of Iowa deems it desirable nrti Co., 219 U. S., 453, 466; Lindsay v. Natural Carbonic Gas Co., 2 :,?0 ficially to prevent, so far as it can, the substitution of • combination ' U. S., 61, 79: Fifth Avenue Coach Co. v. New York, 221 U. S .. 467; for • competition.' this court can not say that fire Insurance may not Murphy L•. California, 225 U. S., 623; Rosenthal v. New York, 226 U. S., present so conspicuous an example of what the legislature thinks an 26!l, 270; l\Io. Kan. & Tex. Ry. v. t:::ade, 233 U. S., -.) evil as to justify ~pPcial treatment. The imposition of a .more specittc And so in the case at bar. Whether the Missouri statute should liability upon life and health insurance companies was hPld valid in have set its condemnation on restraints generally, prohibiting eom Fidelity Mutual Life Insurance Co. v. Mettler (185 U. S., 308)." bined action for any purpose and to .evet·ybody, or confined it as the Other cases were also cited in illustration. statute does to manufacturers and >endors of articles and permittin~ Ca rroll v. Greenwich Insurance Co .. supra, is especially apposite. It it to purchasers of such articles; prohibiting it to sellers of commodi contains the elements of the case at bar and a decision upon them. ties and permitting it to sellers of- services, was a matter of legislative It will be observed that the statute, which it was said declared the judgment, and we can not say tbnt the distinctions made are palpably general policy of Iowa, was a prohibition against a combination of arbitrary, which we have seen is the condition of judicial review. It is producers and sellers. There was the same distinction. therefore, to be remembered that ·the question presented is of the power of tbe between vendors and purchasers of commodities as in the Missouri legislature, not the pollcy of the exercise of the power. 'l'o be nbiP to statute and the same omission of prohibition of combinations of find fault, therefore, with such policy is not to establish the invalidity vendors of labor and services as in the Missouri law. The di ~ tinctlon of the law based upon it. and omission were continued when the policy of the State was extended It is said that the statute as construed by the supreme court of the to Insurance companies. The law was not condemned because it went State comes within our ruling in Connelly v. Union Sewer Pipe Co. no further, because it did not prohibit the combination of all trades, (184 U. S., 540), but we do not think so. If it did, we should, of businesses. and persons. We held that the omission was not for course, apply that ruling here. judicial cognizance. and that a court could not say that fire insurance Judgment affirmed. might not present so conspicuous an example of what the legislature The sections of the Missouri Statutes quoted in the above decision are might think an evil "as to justify special treatment." We might leave the discussion with that and the other cases. They as follows: decide that we are helped little in determinin~ the legallty of a legis [Section 8066 of the Revised Statutes of Missouri for 1899":1 lative classification by making broad generalizations, and it is for a "SEC. 8966. Certain agreements declared unlawfuL-That from and broad generalization that plaintiff in error contends-indeed, a gen after the passage of this article, all arrangements, contracts, agree eralization which includes all the activities and occupations of life, ments, or combinations between persons or corporations, or between and there is an enumeration of wage earners in em.phasis of the di~ persons or any association of . persons and cot·pot·ations, designed or crimination In which manu1'acturers and sellers are singled out from made with a view to lessen, or which tend to lessen full and ft·ee com all others. The contention Is deceptive. and yet It is earnestly urg•!d petition in the Importation, manufncture, or sale of any · article; prod in various ways which it would extend this opinion too much~ to detail. uct, or commodity in this State, and all ar1•aogements, c_om~ination~, •· In dealing with restraints of trade." it is said, "the proper basis contracts, or agreements whereby or· under the terms ot wh1ch 1t is pro• of classification is obviously neither in commodities nor services uor posed, stipulated, provided, agr~ed, or understood that any person, 10416' CONGRESSIONAL RECORD-SENATE. 'JuNE 13, association of prn;ons. or corporations doing business in this Stnte shall deal in, sell, or offer for "ale in this State any particular o1· R])eci R. E. Burnett to be postmaster a.t Greenville, Ala., in place of fit>d article, product, or commodH.r, and shall not du1·ing thE' continullnce Belvins S. Perdue, resizned. or existf'nce of auy sucll art·angement, combinntion,· contract, or agree ment deal in, sell. or oft'er for ~ale in this State an.v competing articlr, Thomas E. Hill to be };ostmaster at Troy, Ala., in place of product. or commodity are hf'rel>y declar<•d to be agninst public policy. Willillm C. Starke. Incumbent's commission expired January unlawful. and void: and any pPr"on. association of persons, or corpo 17, 1914. ration becoming a party to any such a1Tan~Pment. cont1·act. agre<>ml:'nt, or comhinat'on. shall he deemPd and adjudgPd gnilty of a conspiracy H. G. Williams to be postmaster at Gordo, Ala., in place of to defrao1 and be , ubject to the penalties provided for in this article." Howard B. Williams, resigned. (Laws 18$l7, p. 20R.) ARKANSAS. [Section 10301 of the Revised Statutes of Missouri for 1909.] "SEC. 1030L Combination to increase p.·ices declared conspiracy. Lucy C. DoJJarhide to be postmaster at Foreman, Ark., in All arrangements, cont1·acts. agrt>ements. combinations, or undPrstand place of Dan S. Collins, remo•ed. ings made or ('ntE>rt'd Into between any two or mot·e pPrsons. designPd in or made with u view to lrssen, or which tPnd to lessen. lawful trade Jefferson D. HHiley tO- be (Jostmaster at Berr;nille, Ark., or full and frE-e competition in the importation, tram~pot·ta t ion, manu place of Carl 0. Freemnn, resigned. facture, o1· sale in 1 his State of any product, commodity, Ol' ar·ticle or William P. Williams to be postmaster at Nashville, Ark., in thin-; bought nnd sold of any class or kind whatsot>vrr. including the> place of William E. Brown, declined. pt·ice or premium to b<' paid fo1· insuring PI'Operty against loss or dam age by fire. lightning. or storm. and all arrangf'ments. contracts, agrel" CALIFORNIA.. ments, comhinations. or· understandin-rs made o1· entl:'red into bPtwPen any two o1· mol'!' persons \Yhich are drsignrd or made with a viPw to H. P. 1\foffitt to be postmaster at Oilfields, Ca1., in place of increa, e or which tc>nd to incrPase tbe market price of any product, A. P. 1\Iay, resigned. commodity. or article or tiling of any class o1· kind whatsoever bought and sold. including the p1;cp or Pl'<'mium to l>e paid fot· insuring pr'op James D. O'Connell to be postmaster at Nntional City, CaL, erty aga•n-,t lo s or damazE' b~· fire. lizhtning. Ol' storm nre herPhy de in place of Samuel S. Johnston. Incumbent's commission ex clared to be ao;!linst public policy, unlawful, and void ; and any pl:'rsou pired l\Iarcb 8, 1914. or pE-rsons creating. enll:'ring into. Lwcoming a memhN· of or participat in ing In such al'l'ang ments. contracts. a!!'reemE'nts. combinations. or un · Mattie F. Shepard to be postmaster at Auburn, CaJ., dPt'standings shal! b<' dN~m<'d and adjud~rd guilty of a conspiracy In place of Arthur S. Fleming, resigned. restraint of trade and punished as provided for in this article." (Laws 1!)07, p. 377. ) COLORADO. [SPction 10::104 of the Revi!iied Statutes of l\Iissom1. of 1909.] Lydia J. McGee to be postmaster at ·Pagosa Springs, Colo., SEc. 10:10-1. OITI'nding ·corporations to forfeit charter and property: in place of Eleanor H. Todd. Incumbent's commission expires Any corporatiC'n Cl'E'atf'd or organized hy or nndt>r the laws of this June 21, 1914. Stnte which ~hnll vtolntE.' any of tbe provisions of tbi~ articiP mny. upon proper proof !wing made therpof in any cout't of competent jtrri"dlc Edward 0. llusselJ to be postmaster at Manzanola, Colo., in tion fn this Rt1te. hP declnr('d hv thP com·t to have forfflitPd its corporate place of Thomas J. Stanley, dece John L. Devine to be postmaster at Livermore, Iowa, in place R. W. Davis to be postmas~er at Wolbach, Nebr., in place of of B. W. De Vine, resigned. Edgar A. Wight. Incumbent's commission ... xpired January 31, Cora A. Hidlebangh to be postmaster at Bagley, Iowa. Office 1914. became presidential January 1, 1914. John C. Dullaghan to be postmaster at Rushnlle, Nebr., in Jacob B. Powers to be postmaster at Murray, Iowa, in place place of John H. Davis. Incumbent's commission expired Jan of Hiram Lamb, resigned. uary 6, 1914. KANSAS. Lyman H. Eastman to be postmaster at Campbell, Nebr., in W. T. S. Griffith to be postmaster at Westphalia, Kans., in place of John Parker, resigned. place of Elmer Alban, resigned. · Edward P. Griess to be postmaster ·at Sutton, Nebr., in place Alice W. Lee to be postmaster at Glen Elder, Kans., in place of John H. Tower. Incumbent's commission expired April 20, of Frank Hobart. Incumbent's commission expires June 14, 1914. "}914. Ward G. Higley to be postmaster at Wauneta, Nebr., in place Anna B. Marshall to be postmaster at La Cygne, Kans., in of Cash D. Fuller. Incumbent's commission e.x:pired January 11, place of Harry J. l\Iuth. Incumbent's commission expired April 1914. 15, 1914. Arthur G. Schoeneck to be postmaster at Scribner, Nebr., in W. R. Martin to be postmaster at Wathena, Kans., in place place of James 1\1. Beaver. Incumbent's commission expired of George Manville. Incumbent's commission expired May 31, June 2, 1914. 1914. . Charles H. Short to be postmaster at Ainsworth, Nebr., in KENTUCKY. place of Lewis M. Short. Incumbent's commission expired Hubl)ard I. Hansbrough to be postmaster at Hodgenville, Ky., ~larch 5, 1914. in place of Philip A. Taylor, removed. Frances Wisner to be postmaster at Bayard, Nebr. Office be Floyd J. Laswell to be postmaster at Owensboro, Ky., in place came presidential January 1, 1914. of Frederick A. Van Rensselaer. Incumbent's commission ex NEVADA. pired Apri1 19, 1914. Lee 1\I. Boyce to be postmaster at East Ely, Nev., in place Emmett S. Robey to be postmaster at Franklin, Ky., in place of Richard H. Frank. Incumb~nt's commission expired April of Thomas Sympson, resigned. 1, 1914. Squire Turner to be postmaster at Mount Sterling, Ky., in NEW JERSEY. place of H. W. Lockridge. Incumbent's commission expired Benjamine F. Apgar to be postmaster at Hampton, N. J., in March 7, ·1914. place of Henry M. Bigelow, resigned. MAINE. Thomas F. Dolan to be postmaster at Sayreville, N. J., in Otba H. Jellison to be postmaster at Bar Harbor, Me., in place place of Charles E. Gildersleeve. Incumbent's commission ex of G. Raymond Joy. Incumbent's commission expired December pired March 10, 1914. 21, 1913. Alvin E. Hoagland to be postmaster at Plainfield, N. J., in John E. Murphy to be postmaster at Hallowell, Me., in place place of Elias H. Bird. Incumbent's commission expired April of Fitz 1\f. Fish. Incumbent's commission expired March 16, 15, 1914. 1914. T. Harry Obert to be postmaster at Pleasantviiie, N. J., in Willie B. Parlin to be postmaster at Machias, Me., in place of place of R. M. Willis. Incumbent's commission expired May Eldridge H. Bryant, deceased. 18, 1914. Dennis Sheehan to be postmaster at Houlton, Me., in place of NEW MEXICO. Frank M. Hume. Incumbent's commission expired February 1, W. S. Gilliam to be postmaster at Mesilla Park, N. Mex., 1n 1914. place of May Crawford, removed. · MASSACHUSETTS. Ella B. Taylor to be postmaster at Aztec, N. Mex., in place James E. Cadagon to be postmaster at Adams, Mass., in place of Lucy P. Waring. Incumbent's commission expired May of Peter P. Smith. Incumbent's commission expired February 11, 1914. 1, 1914. NEW YORK. MICHIGAN. J. Frank Dimon to be postmaster at Riverhead, N. Y., in N. D. Campbell to be postmaster at Gwinn, Mich. Office be place of Howard V. Lane. Incumbent's commission expired came presidential October 1, 1912. May 6, 1914. George W. Manion to be postmaster at Alpena, Mich., in place Minnie C. Fellows to be postmaster at Scarsdale, N. Y., in of Fred N. Potter. Incumbent's commission expires June 13, place of Minnie C. Fellows. Incumbent's commission expired 1914. January 11, 1914. MINNESOTA. Peter Marcinkowski, jr., to be postmaster at Wallkill, N. Y., John 0. Ackerman to be postmaster at Hastings, Minn., in in place of E. B. Du Bois. Incumbent's commission expired place of Edwin E. Tuttle. Incumbent's commission expired February 8, 1914. February 4, 1914. Bessie Sullivan to be postmaster at Lisbon, N. Y., in place of J. Friend Holmes to be postmaster at Warroad, Minn., in Edith Wallace, resigned. place of Thomas L. Jones. Incumbent's commission expired Augusta H. Tilden to be postmaster at New Lebanon, N. Y., March 5, 1914. In place of Lincoln Sackett. Incum.bent's commission expired Charles Jesmore to be postmaster at Eveleth, Minn., in place June 28, 1913. of Edward Hatch, removed. NORTH CAROLINA. A. W. Johnson to be postmaster at Forest Lake, Minn., in Robert H. Davis to be postmaster at Louisburg, N. 0., in place of William J. Simmons. Incumbent's commission expired place of Mary W. Yarborough. Incumbent's commission ex- March 30, 1014. pired April 4, 1914. _ P. A. McEachin to be postmaster at Keewatin, Minn. Office R. R. Ross to be postmaster at Ashboro, N. C., in place of became presidential April 1, 1914. E. L. Auman, resigned. Joseph A. Roerig to be postmaster at Adrian, Minn., in place NORTH DAKOTA. of Joseph Cowin, resigned. Paul Keller to be postmaster at Hebron, N. Dak., in place of MISSISSIPPI. Rudolph Dulemann. Incumbent's commission expired April Felicie L. Delmas to be postmaster at Pascagoula, Miss., in 13, 1914. place of Felicie L. Delmas. Incumbent's commission expired Thomas Regan to be postmaster at Larimore, N. Dak., in May 31, 1914. place of Ellery C. Arnold. Incumbent's commission expired MONTANA. May 31, 1914. Zora Svendsgaard to be postmaster at Bowdon, N. Dak. John T. Murphy to be postmaster at Boulder, Mont., in place Office became presidential January 1, 1914. of George Pfaff. Incumbent's commission expires June 14, 1914. OHIO. Anna D'G. Hough to be postmaster at Bridger, Mont., in place of Clarence E. Thompson. Incumbent's commission expired R. J. Baxter to be postmaster at Conneaut, Ohio, in place of March 8, 1914. Charles S. Putnam, resigned. NEBRASKA. · W. F. J. Dehn to be postmaster at Struthers, Ohio, in place of William A. Morrison, resigned. Henry C. Burritt to be postmaster at ~helby, Nebr., in place Thomas W. Fahnestock to be postmaster at Versailles, Ohio, of William T. 1\Iawhor. Incumbent's commission expired Jan in place of Charles W. Miller. Incumbent's commission expired uary 31, 1914. April 6, 1914. 104 8 CONGRESSIONAL RECORD- SENATE. JUNE 13, Smnne1 D. ll<>nf'cl to be poS"tmnRter nt Continental, Ohio, in S. S. 1\foritz to be poF:tmastcr at Dayton, 'Wa h., in place of vlnr·e of D. S. 1\lyets. Incumbeut's commission exp.ires June 24, l9H. . Walter C. Frat·y. resigned. Helen n. Wllitn('y to be pm'ltrnnster nt Wapato, Wash .. in Joseph V. Lawler to be postma:.ter at C:urollton, Ohio, in plaee of John F . .Niesz. Inc11mbent's commission expires June · p1<1ce of J. C. Ogleyee. Incumbent's commission expired l\Iay 24, 22. 1U14. lDl..f.. Jnmes .M. G. Wilson to be -postmaster at Water'f'ille, Wash., Isma H. dnliek to be postmnste1· at Van Wert, Ohio, in p1ace in place of C. W. Frederickson. Iucurul>ent's commission expires of Frauk A. Gamble. Iucnrubent's commission expires June 2a, June 20, 1914. 19H. Emil Weber to be po tmaster at Wauseon, Ohio, in place of WEST VIRGINIA. .John F. Outcalt. Incumbent's commission expired February 9, L. W. Bartlett to be 11ostmustet· at Buckhannon, W. \a .. m 1014. place ·1f Hnrrison A. Darnall. Incumbent's commission expired OKLATIOMA. :\lay 25. 1914. . II. S. Blair to be postmaster at Drumright; Okla. Office Gro'f'er F. Hedg('s: to be pm:;tmaster at Spencer, W. Va., in became presidential April 1, J 914. phtce of Isaac I. Hiley, rf'mm·ed. ~Ionroe ~looro to be postmaster at Lumont. Okla., in place of W. E. Wood to be postmnst£>t' at Elk Hot·n, W. Va., In ph1ce 0. J . Bradfield. Incumbent's commission expired May 1,9. 1U1-:l. of Ernest L. Stafford. Incumbent's commission expired Juue Orner Schnoebelen to be postmaster at .lloot·eland, Okla., in !!. 1914. place of Clyde IT. Morris. Incumbent's commission expired. Wl.SCONSIN. April 12, 1914. C. A. Hoen to be pof>tma~ter at Edgerton, Wis., in place ot Thomas P . Stone to be postmaster at Custer, Okla., in place Hngh· ~fclnnes. Incumbent:s commission expired Januu1·y 24, of Sam L. Darrah. Incumbent's commission expired June 2, JOJ4. 1914. Andrew P. Kealy to be po-stmastet· at Hudson, Wis., in plnce 'Eugenia F. Turner to be postmaster at Krebs, Okla., in place of Allan Beggs. Incumbent's commission expired June 1, lU.Ltl. of Jean C. Bnell, resigned. . · D. R. Wright to be postmaster at Taloga, Okla., in place of WYOMING. F . L. Berry, resigned. William E. Lnndau to be poJ:;tmast('r nt Torrington, Wy-o. PENNSYLVANIA. Office became presidential Jttntzut·y 1, 1914. Stnnley Dropeski to be postmaster at Nanticoke, Pa., in place of Stanley Diopreski, to correct name of appointee. COXFIILUATIOXS. E. E. Ii'ricker to be postmaster at Glenside, Pa., in place of Robert H. Gracey, re igned. E.:z:ecutivc twtninations confirmed by the Senate Jrrne 18, 1911,. Philip W. Miller to be postmaster at New Fr~edom. Pa., in PROMOTIONS AND APPOINTMENTS IN THE NAVY. place of James F. Singer, rcmo'f'ed. Thomas Rorer to be postmaster at North Wales, Pa.. in place Lieut. Commander E.'lwin H. De Lany to be n commander. of Elmer E. McCracken. Incumbent's commission expired May Lieut. Percy \V. Foote to be a lieutenuut eonnnander. 2, 1914. Lieut. (Junior Grude) Charles H. Clark to ue a lieutennnt. Da ,·id B. Thomas to be postmaster at New Brighton, Pa., in Jnlius F. ~Puberger to be an assistant surgeon in the Medicnl plnce of Charles M. McDanel. Incumbent's commission expired Reser>e Corps. Ja.nuary 24, 1914. Asst. Surg. Luther Sheldon, j1'., to be a pas ed assistant SOUTH CA.ROLIN A. st:rgeon. Charles E . Falkenstein -to be postmaster at Barnwell. S. C., in Passed Asst. Paymaster John l\1, Hancock to be n paymaster. First Lieut. Edward B. Cole to be u captain in the .Murine p1aee of Sheldon 'B. Moseley. Incumbent's commission expires Corps. June 14, 1914. Second Lieut. Adolph B. MilleT t o be a first lieutenant in the SOUTH DAKOTA. Marine Corps. William Gnl>in to be postmaster -at Sturgis, S.Dak., in plnee Lient. Le,vis Coxe to be a lieutenant commander. of Frank Smith, resigned. Lient. ( Jnntor Grade) Jol'eph ~ . E\'11 n~ to he a liE>ntenant. George E. Mcallister to be postmaster at Frankfort, S. Duk., The following-nnmed ensigns tolJe lieuteu.a.nts (junior g1·ucle)..: in ph1ce of George A. Fehlman. Incum:bent's -commission ex WilliHm W. :Smith. pired February 25, 1014. Harold T. Smith. TENNESSEE: Gerard Bradford. Benjamin \·. :\lcCandlish. Addie. D. Bell to be rrostmaster at Springfield, Tenn., in place Alan G. Kirk. of Frances D. Robertson. Incumbent's commission expired Le,·i B. Bye. April 21, 1914. Francis W. Scanland. TEXAS. .Joel W. Bunkley, J . w. Hail to be postrrmste1' at Crockett, Tex., in plaee of Leo L. J.indley. John T. Dawes. Incumbent's commission expires June 13, 1914. Monroe Kelly. Alfred L. Ede. VERMONT. Georg-e K. Stoddn rd. Burton E. Bailey to be postmaster at Montpelier. Vt., .in place Chat·les H . l\Iorrison. of .Joseph G. Brown. Incumbent's commission expired April 26. Pnul H. Rice. ~4. • Charles E. Reardan. Moses E. Leary to be postmaster at Richmond, Yt., in -place of Yir.gil J. Dixon. Ira Towne. Incumbent's commission expired Febru.'lry 9, 191H. Franklin Vnn Yalkenburgh. Pntrick Mahoney to be postmaster at Poultney, Vt .. in place EugPne U. \\ oodson. of Paul G. Ross. Incumbent's commission expired April 15. 1!J14. James s. Sp01·e. W. J. O':XeTII to be postmaster at Waterbury. ~t.. in plac·e Mark C. Bowman. of Mark H. Moody. Incumbent's commission expired February Halph G. Haxton. 22. 1914. ,James l\1. Doyle. ..John J. Rock to be postmaster at Ludlow, Yt., in place of Ewart G. Hnas. Elwin A. Howe. Incumbent's commission expired .March 10, A I bert J. A. Hnmilton to be an assistant surgeon in tbe Medi· Hl14. cal Reserve Corps. ·Maurice 'J. Walshe to be postmaster at White River Junc The following-named assistnnt paymasters with rnuk of tion, Vt., in place of David A. Perrin. Incumbent's commission ensign to be assistant paylllil.SteTs with rank of lieutenant expired April 26, 1914. (jnnior grade): VIRGTNTA. Arthur H. Mnyo. A . .S. Hamilton to be postmaster at WaiTenton, Va., in J}laee 'Willinm Gower. of James B. Grayson, resigned. 'l'hornas Cochran. Frederick C. Rowerfind. WASHINGTON. Ph11rmnci~t l\111nry D. Bnker to -be a ehief pharmacist in the Arthur A. Ba:rnes to be postmaster at Pasco, Wash., in place Nary from the 17th do~ of April, Hl14. of W. D. Schutt. Incumbent's commission expires June 24, Ensign Eenry G. Cooper, jr., to be a lieutenan,t (jnniOI' 1014. grade). 10419 1914. CONGRESSIONAL RECORD-SENATE. The following-named midshipmen to be ensigns in the Navy: William A Heard. Charles H. 1\Iecum. Edward Ellsberg. George T. Howe. Edward L. Cochrane. Rudolph F. Hans. Noel Davis. Simson C. Stengel. Robert W. Ferrell. Wilder DuP. .Baker. Warner W. Bayley. Julius M. Moss. George C. Manning. Boleslaw L. Dombrowski. D{)mtld Royce. Robert S. Wyman: Fred E. Pelton. Lewis H. McDonald. Adrian R. Marron. Ervine D. Peck. Carl H. Jones. Thomas F. Downey. John N. Laycock. Horace H. Jalbert. Conrad D. Fry. George S. Arvin. 'Charles B. C. Carey. Foster. C. Bumpus. Gordon W. Nelson. Harold J. Nelson. Henry P. Samson. William C. Burgy. Joseph L. McGuigan. Frank P. Thomas. Carleton F. Bryant. Ralph 0. Davis. William J. Larson. Ji'rancis K. O'Brien. Fred M. Earle. Sifrein F. Maury. Alfred P. H. Tawresey~ :Martin Griffin. ".fhomas N. Vinson. Marion Y Cohen. "John H. Buchanan. William F. Roehl. Bermnn A. Spanagel. Malcolm Callahan. Joseph R. Redman. w. Thomas C. Slin~lnff. FrankL. Lowe. Donald F. Washburn. Frnnldin 0. Percival. William S. Popllam, jr. ~heo D. Westfall. Frederick D. Powers. K. P. Gilchrist. Robert H. Manry. Theodore D. Ruddock, jr~ Thomas C. Latimore, jr• . Zeno W. Wicks. Robert W. Cary, jr. Andrew H. Addoms. Karl R. Shears. Albert G. Berry, jr. Lloyd J. Wiltse. James D. Black. George B. Wilson. Leon 0. Alfo-rd. William H. Porter, jr•. Lawrence J. K. Blades. W. William K. Harrill. Henry Hoyt Sherrod H. Quarles. Robert C. Starkey. William DeW. Austin. John I. Hale. Alfred H. Balsley. Joseph C. Arnold . .Greene W. Dugger, jr. Philip R. Weaver. Charles D. Swain. Chnrles A. Macgowan. Edmund W. Burroug~ Robert P. Luker. Albert H. Rooks. Clarence J. McReavy• . George F. Neiley. Oliver 0. Kessing. Russell E. Perry. John F . Moloney. Byron B. Ralston. DelorJmier l\l. Steece. Stanley L. Wilson. Wallis Gearing. Herbert J. 'Ray. William K. Beard. Charles E. Rosendahl Paul Fitzsimons, jr~ John G. Moyer. · · Charles F. Angel. Robert W. Hayler. John H. Brown, jr. Bert F. Clark. William D. Bungert. Theodore W. Sterling. Lewis J. Stecher. Archibald N. Offiey. Malcolm L. Worrell. Richard L. Conolly• . Ralph G. Pennoyer. Willium A. Corn. Lieut. Lewis Coxe to be a lieutenant commander. Thomas L. Nash. Lieut. (Junior Grade) Joseph S. Evans to be a lieutenant. Edwin T. Short. The following-named ensigns to be lieutenants .(junior grade)·: William A.. Teasley. Alfred L. Ede. John B. W. Waller. George K. Stoddard. Arthur E. WHls. Charles H. Morrison. Robert L. Vaughan. POSTMASTERS. Homer L. Ingram. ALABAMA. Thomas J. Doyle. jr. Charles E. Niven, Columbiana. Alexnnder R. Early, jr, Charles F. 1\Imtin. ARKANSAS. Vincent A. Clarke, jr~ John A. Bridgford, Eureka Springs. Kemp C. Christian. Henry R. Bowers.· Imboden. Philip W. Yeatman. -Hugh J. Floyd, Bentonville. James A. McCown. John P. Swfford. Springdale. Samuel G. :Moore. Ellis Turley, Forrest City. William J. Hart, jr( William H. Watkins, Harrison. John L. Yaiden. ILLINOIS. Swift Riche. George Hanlon, Shawneetown. George MarvelL Edgar H. Little. East St. Louis. Benjamin H. Page. George Taylor, Evanston. Frank J. Cunneen. Charles Walkup, Oregon. Allan W. Ashbrook. Raymond A. Deming. KENTUCKY. Charles T. S. Gle~ddetL Floyd J. Laswell, Owensboro. Benj:~min S. Killrnuster~ Squire Turner, Mount Sterling. Robert A. Dyer. 3d. NEW JERSEY. Raymond S. Hatch. Alvin E. Hoagland, Plainfield. James E. Boak. 10420 CONGRESSIONAL RECORD-HOUSE. JuNE 13, TENNESSEE. 10523) making appropriations to provide for the expenses of T. J. A.dclington, Ducktown. the government of the District of Columbia for the fiscal year C. W. :Metcalf, jr., :Memphis. ending June 30, 1915, and for other purposes, having met, after full and free conference have agreed to recommend and do WITHDRAWAL. recommend to their respective Houses as follows: · Bxecuti-t:e nomination withdrawn June 13, 191-'J. That the Senate recede from its amendments numbered 1, 7, 9, 10, 11, 18, 19, 20, 24, 26, 36, 37, 38, 50, 51, 54, 59, 61, 64, 68, 77, POSTMASTER. 89, 90, 91, 92, 94, 97, 98, 99, 107, 109, 115, 122, 130, 131, 132, 133, NEW YORK. 134, 1~0, 151, 157, 161, 168, 170, 171, 183, 1 7, 190, 191, 201, 202, Miclmel J. Ward to be postmaster at New Lebanon, in the 203. 204, 212, 218, and 224. State of New York. That the House recede from its disagreement to the amend ments of the Senate numbered 2, 3, 4, 5, 8, 12, 13, 14, 15, 16, 17, 22, 25, 27, 29, 32, 33, 34, 35, 39, 40, 41, 42, 43, 44, 45, 46, 47, TIOUSE OF REPRESENTATIVES. 48, 49, 52, 53, 55, 57, 58, 63, 67. 69. 70. 71, 72, 73, 75, 76, 79, 81, 82, 83, 84, 85, 86, 87, 93, 95, 96, 100, 108, 111, 114, 117, 118, 119, SATURDAY, J tme 13, 1914. 120, 121. 123, 125, 126, 127, 128, 129, 138, 139, 140, 142, 143, 144, The House met at 12 o'clock noon. 145, 148, 149, 153, 155, 156, 159, 162, 163, 167, 172; 173. 174, Rev. Paul R. Hickok, pastor of the Metropolitan Presbyterian 175, 179, 184, 186, 192, 193, 194, 197, 198, 199, 200, 205, 207, 209, 210, 213, 217, 219, 220, 221, 222, and 225, and agree to the Church, Washington, D. C., offered the following prayer: same. Almighty God, King of kings and Lord of lords, from whom proceeds all power and dominion in heaven and earth, most Amendment numbered 6: That the House recede from its dis heartily we beseech Thee to have in Thy loving favor these agreement to the amendment of the Senate numbered 6, and Thy servants summoned here for performance of duty· by the agree to the same with an amendment as follows: In lieu of the sum proposed insert "$115,610"; and the Senate agree to great people they represent. Command_ the Holy Spirit to do ·the same.- His gracious work, guiding, directing, and overruling, for Thy glory, and the strengthening of righteousness and justice in the Amendment numbered 21: That the House recede from its dis world. · May our Nation continue increasingly to be a source of agreement to the amendment of the Senate numbered 21, and life and light and helpfulness to our own citizens and to the agree to the same with an amendment as follows: In lieu of the sum proposed insert " $13,034 " ; and the Senate agree to the peoples of the earth. Upon this day particularly, when the same. thought_of our country is directed to the flag we deeply revere and tenderly love, may there be a new sense of duty, a new Amendment numbered 23: That the Hou e recede from its appreciation of privilege. And may the words of our mouths, disagreement to the amendment of the Senate numbered 23, and and the meditntions of our hearts, together with all the acts of ngree to the same with an amendment as follows: Omit all of our lives, be acceptable in Thy sight, 0 Lord, our sh·ength and the matter inserted by said amendment after the word "Colum our redeemer. Amen. bia," in line 1; and the Senate agree to the same. The Journ:ll of the proceedings of yesterday was read. Amendment numbered 30: That the I;Iouse recede from its The SPEAKER. Without objection the Journal as read will disagreement to the amendment of the Senate numbered 30, stand approved. . and agree to the same with an amendment as follows: In lieu Mr. l\IANN. :Mr. Speaker, I notice the Journal shows that a of the matter inserted by said amendment insert the following: resolution concerning Clifford H. l.'ate was passed. It was not "For constructing a suitable viaduct :mel bridge to carry passed but it was objected to. Benning Road over the tracks of the Philadelphia, Baltimot·e & The SPEAKER. The Journal will be corrected in that re Washington Railroad Co., and of the Baltimore & Ohio Rail spect. The Journal as corrected will stand approved. road Co., in accordance with plans approved by the Commis There wns no objection. sioners of the District of Columbia, $110.000. And authority is hereby given said commissioners to acquire by purcha e, or to .JAMES W. M'GREEVEY. condemn in accordance with existing law, the land necessary l\Ir. 1\IA~"'N. l\Ir. Speaker, the House last night passed H. R. to carry out the construction authorized by this appropriation, 12909. There is an error in the name and I ask unanimous and to construct snid viaduct and bridge and tlle npproaches consent to vacate ·the proceedings by which the bill was en thereto, and to reconstruct, grade, nnd pave, by dny labor or o-rossed and ordered to a third reading, and passed, and that it otherwise, the streets, nvenues, and ways changed in line or ~ay be amended so that the name will read in the body of the grade or newly created hereunder: Provided,· That the cost of bill ":McGreevey." constructing· said viaduct and bridge, including approaches The SPEA..KER. What is the number of the bill? thereto, shall be borne and paid one-hnlf by said railroad com Mr. MANN. Twelve thousand nine hundred and nine. panies in proportion to the widths of their respective rights of The SPEAKER. The gentleman from Illinois [Mr.· MAN~] way, and the remaining one-half by the United States aml the asks unanimous consent that all proceedings touching H. R. District of Columbia; and said sums shall be paid by said com 12909 back to the amenduent stage be vacated. panies to the Treasurer of the united States, one half to the Mr. l\1A1\TN. And that the bilJ be amended so as to change credit of the District of Columbia and the other half to the tne spelling of the name in the body of the bill to "McGreevey," credit of the United Stutes; and fue same shall be valid and ihe same as in the title. subsisting liens against the franchise and property of said r.rhe SPEAKER. And that the bill be amended so as to spell Philadelphia, Baltimore & Washington Railroad Co. and the the name correctly. Is there objection? .[After a pause.] The Baltimore & Ohio Rnilroad Co., respectiYely, and shall IJe a Chair hears none. legal indebtedness of said companies in favor of the District of The bill as amended was ordered to be engrossed and read Columbia, jointly for its use and the use of the United States a third time, was read the third time, and passed. as aforesaid; and the said lien or liens may be enforced in tlle DISTRICT OF COLUMBIA APPROPRIATION BILL. name of the District of Columbia by bill in equity brought by the commissioners of said Di trict in the Supreme Court of said 1\Ir. PAGE of North Carolina. Mr. Speaker, I call up thP District, or by any other lnwfnl proceedings against the said conference report on the District of Columbia appropriation bitl Philadelphia, Baltimore & Wnshington Rnilroad Co., or snid (H. n. 10523), and I ask unanimous consent that the statement Bnltimore & Ohio Railroad Co., or both; and any relocation in may be read in lieu of the report. · the line or change in the gra<.le of the trncks of the Wnshington The SPEAKER. The gentleman from North Carolina asks Railway & Electric Co. necessary to permit the completion in unanimous consent that the statement may be read in lieu of accordnnce with ap)n·o,·ecl pinus of the viaduct and bridge and the report. Is tilere objection? [After a pause.] The Chair approaches herein prodded for slln ll be made by :mel at the cost hears none. The Clerk will report the title of the bill and then of said railwny company; anCl in the eYent of said railway com read the conference statement. pany failing or refusiug to do snell \York the nme shall be done Tile Clerk rend ns fa-llows: by the Commis ioners of the Di. trict -of Columbia, the cost to A bill (H. n. 10523) making appropriations to provide for the ex penses of the government of the District of Columbia for the fiscal year be paid from the nppropriatiou for snill bridge and viaduct and ending June 30, 1015. nnd for other pm·poses. collected from said street railway company in the mnuner pro The conference report is a follows: vided for in section 5 of "Au net providiuo- a permanent form of government for the. Di trict of Columbin," amn·oyed June 11, CO~FERENCE REPORT (NO. 817) . 1878, and paid into the Treasury. one-half to the credit of the United States and one-half to the cretlit of tlle District of The comruitt('e of conference on tile diRngreeiug Yote,· of tbe Columbia." two HouRe.· on tlH' :lmentlments of tbe S('nute to the· bill (H. R. And the Senate ngree to tlle anw.