1908. CONGRESS! ON AL RECORD-HOUSE. '1761
PROMOTION IN THE REVENUE-CUTTER SERVICE, De Witt C. Titus to- be postmaster at Hempstead, Nassau Cadet Engineer Harvey Fletcher Johnson, of Virginia, to be County, N. Y. second assistant engfueer in the Revenue-Cutter Service of the Oliver H: Tuthill to· be postmaster at Rockville Center, Nus- United States, with the rank of third lieutenant sau County, N. Y. NORTH CABOLINA- PROMOTIONS IN THE NAVY. Walter Hollis Everhart to be postmaster at Newton, Catawba Capt. Conway H. Arnold to· be a rear-admiral in the Navy County, N. C. from the 30th drry of January, 1908. NORTH DAKOTA. Commander Albert B. Willits to be a captain in the Navy Frederick C. Walther to be postmaster at Berthold, Ward from the 28th day of January, 1908. County, N. Dak. · OHIO. POSTMASTERS. George H. Lewis to be post~aster at Bluffton, Ohio. COLORADO. OKLA.ROMA. John F. Morgan to be postmaster at Colorado City, El Paso Harry C. Clark to be postmaster at McAlester (late South County, Colo-. :McA.lester)_t in the county of Pittsburg and State of Oklahoma. Jennie Ross to be- postma.Bter at Cheyenne Wells, Cheyenne Walter L Reneau to be postmaster at Tulsa, in the county of County, Colo. Tulsa and State of Oklahoma. CONNECTICUT. John R. Thomas to be postmaster at Beaver, Beaver County; R. Clifford Tyler to be postmaster at Chester, Middlesex .Okla. County, Conn. _ PEYNSYLVA....'HA. GEORGIA- Clark B. Bailey to be postmaster at Elkland~ Tioga County, Thomas E. Oden to be postmaster at Blacksh-ear, Pierce- Pa. County, Ga. Eva J. Beeman to be postmaster at Lawren-ceville, Tioga: IOWA. County, Pa. Louif:l ·F. Bousquet to be postmaster at Pella, Marion County, John W. Beers to be postmaster at Marysville, Perry County, fuwL _ Pa. James B. 1\fartin to be postmaster at West Bend', Palo Alto N. K. Coller to be postmaster at Leechburg, Armstrong County, ·Iowa. County, Pa~ John W. Reed to be postmaster at Waucoma, Fayette County, Joseph A. Fenner to- be postmaster at Weissport, Carbon Iowa. County, Pa. LOUISIANA~ , Alonzo 1\f. Frederick to be postmaster at New Kensington, Charlton Fort to be postmaster at Minden, in the county of Westmoreland County, Pa. Webster and State of Louisiana. Joel 1\1. Hoch to be postmaBter at Fleetwood, Berks County, Pa. MARYLAND. Burrell C. Ingraham to be postmaster at ·Herminie, West Walton C. Orrell to be postmaster at Centerville, Queen Anne moreland, County, Pa:. Conntyr Md. Alfred H. Lehto be postmaster at Egypt, Lehigh County,. Pa• . MICHIGAN. John P. Wilson to be postmaster at Manor, Westmoreland Hiram E. Hardy to be postmaster at Big Rapids, Mecosta County, Pa. County, Mich. _ WASHINGTON. John N. McCall to be postmaster at Ithaca, Gratiot County,. _William P. Ward to be postmaster at Rosalia, Whitman Mich. County, Wash. Charles H. Stannard to be postmaster at Dexter, Washtenaw WISCO~SIN. County, Mich. · Frank C. Brown to be postmaster at Brandon, Fond du Lac . MINN.ESOT.A. County, Wis. Clarendon B. Boody to be postmaster at North St~ Paul,. Walter Kleinpell to be postmaster at Cassville, Grant County. Ramsey County, Minn. Wis. Joseph C. Chamberlain to be postmaster at International Falls, Koochiching County, Minn. ' INTERNATIONAL OFFICE OF PUBLIC HEALTH. NEBRASKA. • The injunction of secrecy was removed February 10, 1908, Horace G. Lyon to be postmaster at Gordon. Sheridan County, from an authenticated copy of an arrangement signed at Rome Nebr. on December 9, 1907, on the part of the United States and other NEW H .AMPSRIRE. powers, for the establishment and regulation of the Interna Horace E. Hurlbutt to be postmaster at Hanover, Grafton tional Office of Public Health mentioned in article 181 of the ·county, N. H. International Sanitary Convention signed at Paris on December NEW .JERSEY. 3, 1903~ - Leslie I. Cooke to be postmaster at Hackettstown, Warren "County, N. J". Charles F. Hopkins to be posbnaster at Boonton, Morris HOUSE OF REPRESENTATIVES.. County, N. J. Daniel M. Merchant to be postmaster at Morris Pl:iins, Morris MoNDAY, Febr-·uary 10, 1908. County, N.J. The House met at 12 o'clock m. NEW YORK. l;'rayer by the Chaplain, Rev. HENRY N. CoUDEN, D. D. David Akers to be postmaster at Hillburn, Rockland County, The Journal of the proceedings of Friday, February 7, 1908, N.Y. d d d Robert G. Anderson to be postmaster at Freeport, Nassau was rea · an approve · County, N. Y. DISTRICT OF COLUMBIA BUSINESS. --....__- George D. Davis to be postmnster at Mount Kisco, West- .1\fr. SMITH of Michigan. Mr. Speaker, I ask unanimous chester County, N.Y. consent that next week. Thursday and Friday, February 20 and Thomas H. Dickinson to be postmaster at Champlain, Clinton 21, be set aside for the consideration of District of Columbia County, N. Y. billB. Charles T. Jackson to be postmaster at Goshen, Orange The SPEAKER. The gentleman from :Michigan asks unani- Oounty, N. Y. mons- coMent that Thursday and Friday of next week be set Marc D. Johnson to be postmaster at Randolph, Cattaraugus aside for the consideration of District bills. Is there objection? . County, N. Y. Mr. WILLIAMS. Mr. Speaker, I understand that this is William Frank Lewis to be postmaster at Arcade, Wyoming in lieu of giving up to-da.y, and you will take no more time of County, N. Y. the House than you otherwise would have taken? Thomas A. McWhinney to be postmaster at Lawrence, Nassau Mr. SMITH of. Michigan. I think I ought to say that there County, N. Y. is some fear that the trackage bill may take more than one day, George l\1. Nellist to be postmaster at Barker, Niagara County, and I think it would hardly be fair to that legislation, after N. Y. we had perhaps disposed of eight or ten sections of it, to wait William A. Reinhart to be postmaster at Inwood, Nassau two weeks before the balance of the bill could be disposed of. · County, N. Y. That is the reason I ask for two days. Frank D. Spaulding to- be postmaster at Witherbee, Essex; Mr. WILLIAMS". I have no objection. In fact, I think we County, N. Y. · ought to get through with that trackage legislation. , __ _
11768 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 10,
Mr. MANN. This will virtually give the gentleman three great many counties in the mountain section of the State, where days. there are very few railroad facilities, and I believe it would . 1\Ir. SMITH of Michigan. I am only asking for two days. result in a decided saving to the Government in the matter of Mr. 1\fAl\TN. It will give the gentleman Thursday and Fri the transportation of witnesses, prisoners, and others connected day of next week, and the following Monday, which is the next with the business of the court. In addition, it would be a great regular District day. . advantage to civil litigants, especially those whose cases are The SPEAKER. Is there objection to the request of the transferred from the State to the Federal court, such as suits gentleman from Michigan? over land titles and matters of that kind, which, in some in There was no objection. stances, involve hundreds of thousands of dollars. There is much litigation of this . character there now ap.d more in UNITED STATES COURT, JACKSON, KY. prospect. Mr. LANGLEY. Mr. Speaker, I ask unanimous consent for Mr. PAYNE. I want to say, Mr. Speaker, if I may be allowed, the present consideration of the bill (H. R. 143 2) to establish that I shall not object to this bill, largely for the same reason a United States court at Jackson, in the eastern district of that I did not object to the bill for an additional court or divi Kentucky. sion in Texas the other day; but I want to give notice that I The SPEAKER. The gentleman from Kentucky asks unani shall examine into these matters more closely hereafter, so far mous consent for the present consideration of a bill which the as I am concerned, as an individual Member of the_House. I Clerk will report. know that there are some places for holding court, even in the · The Clerk read as follows: State of New York, where they have not had more than one day Be it enacted, etc., That section 9 of "An act to divide Kentucky of court at the terms appointed for several years, and I want to into two judicial districts," approved February 12, 1901, as amended be sure that we are not giving additional places and additional by the act entitled ".An act establishing a United States court at terms of court that are not necessary, and wb,ich will only Catlettsburg in the eastern district of Kentucky," approved March 10, 1902, be, and the same is hereby, amended so as to read : burden the Treasury with expense and will not at all facilitate " SEc. 9. That the regular t erms of the circuit and district courts the administration of justice. of the United States for the western district of Kentucky shall be Mr. JENKINS. If the gentleman from Kentucky will yield, I held at the following times and places, namely: At Louisville, begin ning on the second Monday- in March and the second Monday in Octo would like to say that this bill was carefully considered by the ber in each year; at Owc.>nsboro, beginning on the fourth Monday in Committee on the Judiciary;'submitted to the Federal judge, November and the first Monday in May in each year ; at Paducah, submitted to the Attorney-General, and they all approveJ it and beginning on the third Monday in April and the third Monday in November . in each yeu.r; at Bowling Green, beginning on the third said that it was a practical ·necessity. That is why the Com Monday in May and the second Monday in December in each year. mittee on the Judiciary reported the bill. " That the regular terms of the circuit and district courts of the Mr. LANGLEY. I thank the distinguished chairman of the United States for the eastern district of Kentucky shall be held at the following times and places, namely: At Jackson, beginning on the committee that reported this bill for furnishing the House with first Monday in March and the third Monday in September in each the information that I was just proceeding to give. I can year; at Frankfort, beginning on the second Monday in March and the assure the gentleman from New York that the situation which fourth Monday in September in each year; at Covington, beginning on the first. Monday in April and the third Monday in October in each he describes as existing in his own State will not prevail at this year ; at Richmond, beginning on the fourth Monday in .April and the court. There will be abundance of business there-much more second Monday in November in each year; at London, beginning on than at some of the courts now held at other points in the State. the second Monday in May and the fourth Monday in November in each year; at Catlettsburg, beginning on the fourth Monday in May The SPEAKER. Is there objection? and the second Monday in December in each year, and at such other There was no objection. times and places as may hereafter be provided by law." The bill was ordered to be engrossed and read a third time, SEC. 2. That suitable rooms and accommodations are to be furnished for holding the courts at Jackson, free of expense to the Government was read the third time, and passed. of the United States, until such time as a. Federal building shall be erected there. INDIAN APPROPRIATION BILL. The SPEAKER.. Is there objection? 1\fr. SHERMAN. Mr. Speaker, I move that the House now Mr. PAYNE. Mr. Speaker, reserving the right to object, I resolve itself into Committee of the Whole House on the state of should like to ask the gentleman from Kentucky at how many the Union for the further consideration of the Indian appropria additional places does this give terms of the United States tion bill. court? The motion was agreed to. Mr. LANGLEY. Only one. Accordingly the House resolved itself into Committee of the :Mr. PAYNE. And that is at Jackson? Whole House on the state of the Union, with 1\fr. PERKINS in the Mr. LANGLEY. That is at Jackson, Breathitt County, Ky. chair. · 1\Ir. PAYNE. I see provision is made that they must furnish The CHAIRMAN. The House is now in Committee of the a place for holding the court. Whole House on the state of the Union for the further consider Mr. LANGLEY. Yes. ation of the Indian appropriation bill, and the Clerk will read. Mr. PAYNE. I suppose until the United States builds a The Clerk read as follows: court-house there? To enable the Commissioner of Indian Aft'a.irs, from time to time as Mr. LANGLEY. We should be very glad to have that done he may deem necessary, to detail clerks fr·om his office to make special investigations in the field: Provided, That while thus absent from sooner or later. Washington under such detail they shall receive a per diem of $3 to Mr. PAYNE. I suppose that is one of the objects of the bill? cover all expenses, exclusive of transportation and sleeping-car fares, Mr. LANGLEY. That is not the primary object; certainly $3,000. not. On the contrary-- 1\fr. MANN. Mr. Chairman, I reserve a point of order on 1\fr. PAYNE. What is the object of the bill? It seems to that paragraph. I would like to inquire of the gentleman in me that six places in one district is putting · them in pretty charge of the bill the reason for this appropriation. thick. I am not acquainted with the geography of the eastern Mr. SHERMA.l~. I believe, .Mr. Chairman, that tbe item is district of Kentucky. not subject to a point of order, as it is what is often called Mr. LANGLEY. I am. here "current law." It is in the appropriation bill covering Mr. PAYNE. That is the reason I am asking the gentleman. the present fiscal year. Does the gentleman believe it is necessary for the accom!l\Pda The CHAIRMAN. Does the gentleman fro~ Illinois make tion of the litigants in eastern Kentucky to have this additional the point of order? place established? Mr. MANN. I reserve the point of order. I am willing to Mr. r... A.NGJ... EY. I most assuredly do. The letter of the At discuss it, but it is so clearly subject to a point of order that torney-General, which is embodied iii. the report of the commit I am sure the gentleman from New York wlll concede it. tee, concedes that fact. If that were not so, I would not ask for Mr. SHERMAN. Certainly not. It ofi:en occurs that inves the passage of the bill. tigations of some matter at some agency or some school is 1\fr. PAYNE. How far is it from the nearest court that is called for on a subject with which some clerk in his office is now held? · especially cognizant, and this makes it possible for him to de Mr. LANGLEY. My recollection is that it is about 50 miles, tail that clerlc to make an examination into that matter. The air line. , same provision was in the last year's bill, and of the $3,000 Mr. PAYNE. Well, by railroad? People do :not fly there when appropriated $2,100 have been expended, and it has been they go to attend court. found of considerable advantage, and it may be a matter of 1\fr. ·LANGLEY. If they did, they would get a bird's-eye view considerable economy, because it might be that no inspector of as beautiful a specimen of God's handiwork as this country would be· where he could be immediately detailed, und it affords and of as noble a people as the world affords. I have might be necessary to send one from Arizona to Michigan, forgotten the exact distance by rail, but it is something more whereas a clerk could be detailed from the office and make the than 50 miles, I think. It will accommodate the people of a trip to Michigan and end the whole matter.
1: ... .. - 1908. ~ i CONGRESSIONAL RECORD-HOUSE. 1769
Mr. MANN. The gentleman's explanation seems to be per drawn with reference to anybody else during the consideration fect. I understand the Commissioner has a plan in mmd, if of this bill under the five-minute rule. not b practice, transferring clerks from the Department in The CHAIRl\f.A.N. If there is no objection, the gentleman Washington to various Indian agencies and· other points may proceed. throughout the country, so as to keep up an endless chain of There was no objection. movement of employees, bringing them into Washington a 1\Ir. LEAKE. l\fr. Chairman, as I stated, I have been sur part of the time and away from Washington a part of the prised at the usurpation of the prerogatives of the delegates to time, about which I express no opinion at present. Has this the Denver convention, but there are some men who believe anything to do with that plan!. that this is the time and the place to nominate the candidate on Mr. SHERMAN. If there is any such plan, I did not know the Democratj.c ticket, and lest my silence might be construed it. I think the gentleman's information is not correct. as an indorsement of the nomination of Mr. William J. Bryan l\lr. MANN. My information is derived from the report of and his policies, I rise for the purpose of making this protest. the Commissioner. . If I adopted the example of the distinguished gentleman from Mr. SHERMAN. If there be such a plan, this has no con Nebr.aska, I 'would vehemently condemn him as he did the dis nection with it. tinguished Democrat, the Hon. Grover Cleveland, but I shall Mr. 1\IANN. It is the proviso that makes the paragraph sub content myself with admitting that the gentleman is honest, is ject to a point of order; can the gentleman tell us what would consistent, and is sincere, a great patriot and moral leader, en be the allowance made to one of these clerks while traveling titled to the confidence and respect of the American people, but if there was no such proviso in the bill! that his familiarity with the decalogue better qualifies him for . Mr. SHERMAN. Not to exceed $3 a day. the pulpit than for the Presidency. [Laughter and applause.] Mr. 1t.Lil\TN. That is the proviso, that is the law. What He has taken the big stick from the President of these United would it be if there was no proviso in the bill! States, and, to use his own simile, he is now crucifying the Mr. SHERMAN. There would not be any. There would be policies of Democr.acy and American individuality and American no authority to send the man away; and if he did, he would ambition on the cross of socialism. [Applause and hisses.] have to go without any allowance for subsistence. The President himself, being deprived of his big stick. has re .1\fr. MANN. Of course the amount ·appropriated in this item sorted to the big slipper. I do not think that the American is not large and there. can be no gross abuse of it. I am sure people need a spanking from the President nor a scolding from the gentleman is aware of the fact that with some Departments the distinguished gentleman from Nebraska. I think the con· of the Go ver~ent, with some officials of the Government, dition of the health of the American community is such that we it is the custom to a vail themselves of a similar provision sc need a doctor, and I hope that one of the two great political that a man receives his full salary, is detailed away from parties will get one and that in his prescription of remedies for 'Va shington, and all the time receives his $3 a day-the cost the cure of our many ills he will not forget, when men condemn of his living in addition to his salary, and never supports him the American railroads, that the American railroad system is self at all out of his salary. one of the greatest systems in the .world, and that the Ameri 1\Ir. SHERMAN. I do not know of a case quite as broad as can business man and that American enterprise are the best on the gentleman states, but of course I am aware that there are the face of this earth. officials who have a per diem allowance when absent from Wash l\fr. SHACKLEFORD. Will the gentleman permit an inter ington, who are away the greater part of the year, and the per ruption? diem allowance more than maintains them. 1\fr. LEAICE. When I finish I will. I hope and I belie-ve that Mr. M.AJ.~N. I know of cases where people are detailed away one of the great political parties in this country will nominate a from Washington by the year who receive the full salary that specialist in statesmanship, and if that be done this aisle will no they did while in Washington and, in addition, more than the longer mark the difference between Republicans and Democrats, cost of their living as an allowance while they are away by the but the difference between radicals and conservatives. year. Of course that would not apply to this case. Mr. GAINES of Tennessee. Will the gentleman name a doc Mr. STEPHENS of Texas. Will the gentleman from Illinois tor? He seems to think that we need one. state what Department that is in! · l\fr. LEAKE. I do not propose to name the doctor. I think Mr. SHER.M:AN. It is not in the Indian 'Department, and let tl:tat is the privilege of the delegates to the Chicago and the us not get into a discussion about that. Denver conventions. l\ir. l\L:U\TN. l\fr. Chairman, on the gentleman's statement I The CHAIRMAN. The Clerk will read. withdraw. the point of order. l\fr. SHACKLEFORD. When the gentleman talks about the l\Ir. LEAKE. Mr. Chairman, I move to strike out the last railroads and the good things they have done for the country, word of that paragraph for the purpose of asking the indulgence did he have in mind 1\Ir. Harriman! of .the House a few moments only that they may listen to some l\fr. LEAKE. No; but I refer to the ·fact that American of the impressions which a new Member gathers from this body. railroads have given cheaper and better service than the rail I ha-ve been surprised at the usurpation by some of the Mem roads of any other country on the face of the earth. bers on this side of the House of the prerogatives of the dele Mr. HEFLIN. 1\fr. Chairman, I rise to a point of ord~r . . -! ----·· gates to .the Denver convention. I had not supposed that this ·would like to know in whose time the gentleruau is now was the place to nominate a candidate for the Democratic speaking. Presiaential office, but there are some men who evidently think The CHAIRMAN. The time of the gentleman has expired. that this is the time and the place-- The Clerk will read. 1\fr. SHERMAN. l\fr. Chairman, I rise to a point of order. The Clerk read as follows : The gentleman is not discussing the Indian appropriation bill, To enable the Commissioner of Indian Affairs to conduct experiments and we are now under· the five-minute rule. on Indian school or agency farms, in cooperation with the Department The CHAIRMAN. The point of order is well taken. of Agriculture, designed to test the possibillties of soil, climate, and so forth, in the cultivation of trees, grains, vegetables, and fruits not Mr. CLARK of Missouri. I wish the gentleman from New hitherto raised in those neighborhoods, using Indian labor in the York would withdraw his point of order for a moment. process, $5,000. l\fr. LEAKE. Let me have three minutes. Mr. FITZGERALD. Mr. Chairman, I reserve the point of l\Ir. SHERMAN. Mr. Chairman, we have spent ten days in order on the paragTaph. general debate discussing every question under the sun from Mr. SHERMAN. . The gentleman, I presume, reserves the the Presidency down, and now I do crave the indulgence and point of order to ascertain for what purpose this item is incor time of this committee for part of this day in which to consider porated in the bill. It is the wish of the Commissioner to have this bill. I must insist upon the point of order. this authority so that he may have an investigation made at The CHAIRMAN. The point of order is sustained. The gen certain school plants as to what product can be best produced tleman is out of order ; he is not speaking to the bill. at different sections where the Indians expect to follow agricul Mr. LEAKE. Wili the gentleman reserve his objection at the tural pursuits. There is now at one of the schools in A,rizona, present time and allow me, by unanimous consent, to proc-eed one of the schools which are supported under the general appro for three minutes! priation, on a small scale work of this character now carried on, l\Ir. SHERMAN. If the gentleman will give me the assur and the Commissioner's desire is to extend that field of ex ance that his three minutes will not open up the· whole subject perimental work. so that twenty-five other gentlemen will ask the same indul- Mr. FITZGERALD. Can not the Commissioner do that with genCe, 1 am ·entirely willing to do it. · out tying up to the Agricultural Department! I think the Mr. LEAKE. Of course I can not assure the gentleman of experience of Members has been that once the Department of that. · · · Agriculture gets any start in some new field it never gets out, Mr. SHERMAN. Then I will do this. I will withdraw my l;mt the appropriation grows. Why can not the Commissioner objection on the st3:te~ent ~at it will be made and not With- of Indian Affairs do this and if necessary get any advice he CONGRESSIONAL RECORD-HOUSE. I FEBRUARY 10,
needs without fixing in the law a provision that this DelJart to· give a municipality or a State advice. I do not think they m~nt shall have a hold on this work? draw the line on the Indian. Mr. SHERMAN. · If the gentleman will simply move to strike Mr. SHERMAN. I do not think they do, either. I have not out the .language "in cooperation with the Department of found the Department of Agriculture unwilling to give informa Agriculture," I will not oppose the motion. tion to an individual. Mr. MANN. Would it not be better to have the Department Mr. FITZGERA.Lp. The object of this provision, it appears of Agriculture to do the entire work? Is it the proposition of to me, is to permit the .Department of Agriculture to fasten it the gentleman to start a new series of experimental stations? self upon this work~ At all of these schools there are farmers Every State now maintains an experimental station for this whose duty it is to instruct the.Indian pupils in practical farm work, supported in. full or largely by the United States Govern ing. It seems to me that with the outfit ti;!ey have at each of ment, so that for a few years we will have spent about $50,000 these places they could very easily utilize some part of the land a. year for each State. Now, that is one experimental station. that is used to cultivate the crops that are known to be success Now, does the gentleman propose to incorporate a lot of other ful in the locality, in endeavoring to ascertain whether other -experimental stations? The· gentleman will know that $5,000 erops could be raised. I have no objection to giving the De wil~ not conduct one experimental station, much less conduct partment whatever money is needed to do that work in con the number that would be assumed from the· reading of the nection with the schools, but I have a very strong objection to paragraph. permitting this other Department, once it gets started, to dis Mr. SHERMAN. Well, the thought was to conduct merely regard the law, and getting a hold on the work of the Indian exi>erimental stations at the schools for the benefit of the Department. Indians at that locality, for the benefit of Indians who would 1\fr. MANN. Will the gentleman from New York [Mr. SHER not be therefore benefited by an experimental station in the MAN] yield for one question? State now conducted under the Department of Agriculture, Mr. SHERMAN. Yes; certainly. and for the benefit of reservation Indians as well as for non Mr. MANN. Is the reason for this the fact that the farmers, reservation Indians. who are political appointees instead of civil-service appointees, 1\rr. MANN. Yes; but do not these schools now do more or are incompetent, and therefore they need another Department to less farm work? really make the experiments? Mr. SHERMAN. They do, some of them; many of them. Mr. SHERMAN. I do not think it is-, and I am glad the Riverside has a large farm ; Haskell has a large farm ; many of gentleman t·aised that question. I was in error the other day them have farm~ where work fs conducted now and where the in saying that the farmers were outside of the classified civil Indians are instructed. One of the points of the Indian school seTvice. They are not outside of the classified civil service, is to give p1·actical instruction. I will say to the gentleman, although an educational examination or test is not required. A a while ago, instead of doing all the laundry work at the vari practical test is required, not an educational one. It really is ous schools by machinery, by which process it could be done not an examination at all. The gentleman understands-- for less money, we have provided pal't should be done by hand, Mr. MANN. They are outside of the civil service under the so as to teach the girls in the arts of the laundry. It is the provi'sions of this bil1. . attempt at the Indian schools to give a practical, not a theo 1\fr. SHERMAN. The Civil Service Commission have what retical education. they call examinations for farmers in the Indian Service, which :Mr. ~IA.l~N. Do they not in these schools now engage in the are not actual examinations requiring educational tests at all. cultivation of trees,. grain, vegetables, and fruit? They are simply: a submission of a list of questions showing ex 1\fr. SHERMAN. Not, I think, in trees-- perience and practicability and all that sort of thing. Mr. MANN. They certainly plant trees around their reser The CHAIRMAN. Does the gentleman from New York [Mr. vation? FITZGERALD] insist on his point of order? Mr. SHERMAN. Yes; but not in an expe1imental way. Mr. lriTZGERALD. r insist on the point of order. Mr. MANN. But the planting of anything is an experimental The CHAIRMAN. The gentleman will state the point of proposition. It is just as easy to experiment without as with order. - a school. I do not see why these schools can not make experi Mr. FITZGERALD. It is new legislation• . There is no ments under the present appropriation instead of starting in an authority in law for' the service. experimental school at each Indian reservation, because that is The CHAIRMAN. To what portion does the gentleman all this means if it means anything. For instance, in experi object? mental work that they have in Oklahoma-- Mr. FITZGERALD. From line 22, page 5, to line 4 on page 6. 1\lr. SHERMAN. I think the Commissioner's thought here Mr. SHERMAN. On that question, this is to extend the was to extend that work by showing the measure of work done work of Indian schools. Indian schools are in operation now. I by the Department in Oklahoma. take it the gentleman does n.ot contend that we can not in a Mr. MANN. I would be perfectly willing to see the Depart certain measure extend the scope of a work which is now ment of Agriculture have this work in the agricultural bill as being carried on at a particular or all of the Indian schools -----m1· ~s I am concerned, provided that experiment was in some which have been conducted by the Government for decades. particulat prace, in Oklah<>ma or Indian Territory, for instance, Mr. FITZGERALD. Mr. Chairman, this authoriz~s a new as to what you can do there where they have not at present, service. There is no law that authorizes the Commissioner of may be, the suffi-cient means or facilities, but this inaugurates Indian Affairs, in cooperation with the Department of Agricul a policy which spreads all over the United States:. ture, to undertake any work in Indian schools or at Indian Mr. SHERMAN. Why, certainly; why confine it to Okla agencies; and as the gentleman from New York [Mr. SJll:R. homa or Indian Territory? Why not ~ke in Kansas or Nebraska MAN] stated, the purpose of this particulaT paragraph was to or anywhere else? enable the Commissioner of Indian Affairs to obtain the coopera 1\fr. MANN. Because the Indians can not raise any different tion.. of a Department, which at present has no authority to trees or grains or vegetables than the white man can, and we conduct this work or to engage in it, in connection with the now have iii each of these States a large experimental station Indian Bureau. conducted at great expense by the Government for the purpose . Mr. STEPHENS of Texas. Let me suggest to the gentle of doing the identical thing. It is not pretended that the Indians man that he can accomplish what he desires by striking out will be able to accomplish that which the white people can not the words" in cooperation with the Department of Agriculture," accomplish. in lines 23 and 24. Mr. SHERMAN. But it is pretended that the· young Indians Mr. FITZGERALD. But, Mr. Chairman, if it is designed to in schools can be instructed more readily in -the arts that it is have these far:ms, that are conducted as part of the schools, desired they should be instructed in, in the schools, than it conduct experimental tests, there is ample authority for it would be to take advantage of the United States agricultural to-day. They can plant any crop they see fit at the schools of experiment station at some other point within that State. instruction; but they can not utilize the money or obtain the Mr. :MANN. But we now have that power in the schools to cooperation of the Agricultural De1>artment, except so far as conduct these experiments, and the Agricultural.Department at that may be given voluntarily under any existing law. Now, all times will be willing to give them the advice that is neces it is designed to enable the Agricultural Department to cooper~ sary. ate with this experimental work at Indian schools and at ·Mr. SHERMAN. Maybe they will and maybe they will not. Indian agencies. There is no authority for that to-day. This I do not know about that. I do not know whether that has been is an authority, and therefore it is new legislation. tried or not, or whether the request has been made that the De·· 1\Ir. HACKNEY. Mr. Chairman, I take it the point of order partment have cooperation or not. is not well taken. I know of no inhibition in any law against Mr. MANN. The Department of Agriculture is perfectly will the Agricultural Department doing its work anywhere in the ing to give a private citizen good advice. It is perfectly willing United States. I believe it is a good plan to have the coopera- 1908. CONGRESSIONAL RECORD-HOUSE. 1771 tion of the Department of Agriculture in this kind of work. It experiments to ascertain what kind of products can be used is very vital work to determine what is best adapted to the to raise crops successfully in that kind of country? l know soil and what can be best raised in a given country. A very that in my own district we are expending money for the pur important work is now being carried on by the Department of pose of ascertaining what benefits can be derived from irri Agriculture, and I would like to broaden it and invite the coop gation, and certainly the Indians should have the same oppor eration of these two Departments to carry on that work on the tunity as the whites have secured. And if the point is made by Indian land. An appropriation of $5,000 is made for that ex the gentleman from Missouri that we have the right to teach press purpose. It will be much more economical to the Gov farming, then the best methods of farming follow, and this ernment to have it done with the conjunction of the two Depart only enlarges the ·scope of the appropriations. ments than to be carried on by one alone. For instance, Mr. MANN. I call the gentleman's attention to the fact that suppose they want some soil experiments or soil analyses. It I did not make the point of order. He is discussing the merits ought to be competent for the Indian Commissioner to have of the proposition. that work done in Washington by the Agricultural Depart Mr. STEPHENS of Texas. I was endeavoring to meet you ment, as it could be done much more cheaply that way than in on the point of order by discussing the merits. any other way. If they wanted to make any investigation· in 1\Ir. MANN. I think that is the difficulty always. connection with plant life, it could be done by the two Depart T.he CHAIR.l\1AN. The Chair is ready to rule. The question ments much more economically than by the Indian Commis is not altogether free from doubt, but it seems to the Chair that sioner acting singly and alone. It is perfectly competent to while the Department of Agriculture undoubtedly has genera1 provide in this bill where we make an appropriation for that authority to carry on experiments in the cultivation of trees, purpose any matter of detail that may affect any agencies of etc., the Chair understands that no such authority is now given the Go-rernment. It is competent in the Indian appropriation by law to the Commissioner of Indian Affairs. It was sug bill to say that we have this work on Indian lands go on gested that we have power to carry on schools. That is un under the supervision of the Commissioner of Indian Affairs doubtedly so; but under the guise of carrying on schools it and authorize him to invoke all the other governmental agen would be impossible, it seems to the Chair, at least it would be cies in his assistance. Therefore it is not new legislation. illegal, to give authority to enter into new and altogether differ Mr. MANN. l\fr. Chairman, I shall address myself to the ent fields of activity. This provision would authorize· the Com point of order only. It seems to me that the paragraph is sub missioner of Indian Affairs to expend money to test the cultiva ject to the point of order for other reasons than the mere fact tion of trees, grain, and vegetables in certain portions of the that the work is to be done in cooperation with the Agricultural country. As the Chair understands, no such authority is now Department. The Indian Office is not now authorized by law possessed by the Commissioner of Indian Affairs. In view of to conduct experiments "designed to test the possibilities of soil, that he feels, without discussing the merits, constrained to sus climate, and so forth, in the cultivation of trees, grains, vegQ tain the point of order made by the gentleman from New York tables, and fruits, etc." It is authorized by law to conduct [Mr. FITZGERALD]. The Clerk will read. schools. It is authorized by law to conduct agencies, to con · MESSAGE FROM THE PRESIDENT OF THE UNITED STATES, duct farms, but it is not authorized by law to conduct experi The committee informally rose; and Mr. LoNGWORTH having ments. It is true that experiments may be made in the conduct taken the chair as Speaker pro tempore, a message in writing of the usual method of transacting that business. But it will from the President of the United States was communicated to not do to say that no new authority would be granted as pro the House of Representatives by :Mr. LATTA, one of his secreta posed in this bill. It seems to me to be subject to the point of ries, who also informed the House that the President had ap order. If there were a proposition on the agricultural appro proved and signed bills of the following titles: priation bill itself, giving to the Agricultural Department, with On February 6, 1908 : out regard to any specific provision of law, the right to conduct H. R. 7694. An act to pro-vide for the purchase of ground for experiments, it would be subject to the point of order. If an and the erection of a public building for an immigration station, item were proposed upon the sundry civil or other bill mak on a site .to be selected for said station, in the city of Philadel ing an appropriation in aid of experiments or for a new ex phia, Pa. perimental work in addition to the sum provided by law that On February 8, 1908 : should be granted to them, it would be subject to the point of H. R. 300. An act providin~ for second _homestead entries. order. We maintain agricultural colleges by appropriations made from the General Treasury to a certain extent, and I be INDIAN APPROPRIATION BILL, lieve that they should have a certain amount of money for ex The committee resumed its session. perimental work, and to an extent it is provided by law; but The Clerk · read as follows : if we undertake to give them more money, without regard to That all expenditures of money herein or hereafter appropriated for school purposes among the Indians shall be at all times under the specific law, that would ·be subject to a point of order, I take it. supervision and direction of the Commissioner of Indian Affairs, and - .l\fr. H.A.. CKNEY. I will ask the gentleman if he does not in all respects in conformity with such conditions, rules, and regma- concede that under existing law we ha-ve the power and the tions as to the conduct and methods of instruction and expen .Committee -on Indian Affairs to what' schools fhis limitation Mr. ' SHERMAN~ That is-· the olliy fheoi·y -of ft; this pro- of $161 per capita extends, as he understands it? vision has 'been in the bill year after year, :and nobody seemed Mr. SHERMAN. It extends to all specifically · ~ppropriated fu question 't; and if it is put in in this way, another year we for schools. can leave out the provision nnd with .that and in 'Other ways we Mr. OLMSTED. Does that mean those appropriated for by have .already shortened up the bill 30 per ·cent within the last name in the bill? · four or five years. Mr. 'SHERl\fAN. Yes. Mr. MANN. Mr. Chairman, on the gentleman's explanation Mr. OL'USTED. And not there ervation -schools. I will withdraw the point .or order. 1\Ir. SHERMAN. I suppose it extends to all schools. Mr. OOUGLA.S. Mr. Chairman, I move to amend by striking Mr. OLMSTED. Then I wish to ask farther :whether in , :<>ut, in line 4, page 7, the word "average" and inserting the his opinion there :should not be an amendment in the fourth word "to±al," so that it will :read 1 '-taking the total enrollment line on page 7, so that the word "enrollment" should read fur ihe entire fiscal year." -"-attendance?" I find that among the ninety-one reservation 'l'.he tCHAIRl\.IAN. 'rhe Clerk will read the amendment. schools the attendance is about one-third less than the -em·oll- The Dlerk Tead ·as follows: ment; so if we give $167 for rt:he average enrollment we are In line 4, page 7, -strike out the word "average., and insert the -giving $22.2 per capita for ·all pupils who attend. word "total,' so that .it will :rea.d "-taking the total enrollment for Mr. SHERMAN. I -see the gentleman's -point; if the average the entire fisca1 year." is taken on the enrollment rather than on -the attendance it ir. .SHERMAN. What is the gentleman's theory about that? .might make an average of more than $167. I should like to hear from hlm. Mr. ()L 1STED. Yes; the average attendance of 163 day 1\Ir1 DOUGLAS. Mr. Chairman, my theory is that instead -schools- ()f taking the average .enrollment for this $167, the ultimate """- SHER,"'-" ~r Th. d t 1 t 0 th ..~~ h 00I that the .figures would amount to, you should have the total .lll.L. · J.U..t:u..,, IS oes no app Y e 'Uay sc s. enrollment. As I understand the provision of the bi'li.1·t lS. that Mr. ·OLMSTED. That is what I wanted to find out. The 'average enrollment :of the reservation boarding school was the education per capita on aniV one :scho1ar .should not exceed 1,119 and the ·average attendance was 952. If we took the $167. "Then if you have the total enrollment, you hav-e it ex per capita of the enrollment it would give them something over actly. In other words, we should' take the total enrollment .$200 per -capita for _pupils actually attending. The same would for the cost per capita. :al 0 apply w the nonreservation schools. Mt. SHERMAN. The total enrollment may be 300 and the Mr. SHERM.A_~ I do not object to changing the word '" en- .average enrollment may be 210. xol:lment" to "'attendance.': ..1\fr. DOU-GLAS. But if you are ·going to limit it to $167 to Mr. OLMSTED. .If ±he po.int of order is not pressed, or after each pupil who is taught during the year~ you must have it .it is disposed -of, _r may offer -the amendment. limited to the total enrollment and not to the average. If _you 1\fr. FITZGERALD. I wish to e:aii the attention .of the gen- limit it to the average enrollment and one-third of the ordinary tleman .from New York to the fact that the average cost is about number is in attendance at any ()Tie time, you exceed that ~167" $140, and this limitation is fixed to cover the extraordinary obviously. 1\Ir. SHERl\:fAN. If you take .the average for ihe year, I emergency. th' 't . H t"" hi h Mr. SHE-RMAN. No; there is an-other :Provision covering the . . mk I lS proper~ ere 01.ore t s as been ~otten out by tak- ·extraordinary emergency. The average cost in all the schools, mg the average en;ollment for~ quarter, a~d tt w~ fo?Jld that when you take those appropriated for nnd those sustained by some quarters were much heavier than others of coursem enroll general appropriations, is considerably less than $14.0. men~. If you take the average for the year, rather than for any 1\Ir. FI'.rZGERALD. My recollection .is that this language particula! q~.arter, you get at the average enroiiJ::tent for the has always been used. year, which .1'8 ·what you want to. base your expenditure on and Mr. SHERMAN. It has in relation to specific appropriations not the total. You want to base It u:pon the av.e:rage attendance. -.for schools ·but the point the gentleman from Pennsvlvania Mr. DOUGLAS. It does~ not seem so to me. H_owever, I makes is -that he discovers a considerably discrepancy between onl~ make the a~endment. m the form of a ~sugg:stion to the enrollment and attendance, and therefore he asks that the chru~man, and I Withdra'Y It1f he~~ not agree Wlth me. . word "enrollment" be changed to "attendance " so that the T ~ DHATRMAN. Without ObJection, ±he amen.dment will $167 per capita ·shall ap~ly to the a:erage attendance. beT~::ed~:an;o objection. Mr. DOUGLAS. l think you will find that the total en· The Clerk read as follows: rollment would be better th:au the average attendance. The Commissioner of Indian ..AJ!airs .is hereby -authorized, under the Mr. LEAKE. I notice in a part of this paragraph :~.t is pro direction -of -the Secretary of the InteriOT,. to negutiate with the various .:in , vided that the expenditures ·of all money appropriated among States which they are ·Situated for the disposal of a.ny -of the non __ _ reservation Indian schools ·which in his judgment are no longer of .the Indians shall be distributed according to the Tule of the In- value to the Indian Service, and to report the result -o-f nis negotia . Commissioner. Now, there are some appropriations for the tions to the next session of the Congress. acq~ons of buildings and sites; is it the intention that this .Mr. DARRAGH. Mr. Chairman, I .make ·the point of order -act .shall allow the Indian Commissioner to use such moneys in to the paragrapn commencing in line 6, page 7, and ending on accordance with the rules -that he makes and prescribes? line 12, inclusive. I make the point that it changes existing .l\Ir. SHERMAN. That is already done. The Indian Office has law. its architectural bureau ·for the construction of buildings. The "CHAIRl\IAN. Does the gentleman desire to :b.e heard on Mr. LEA.KE. And the acquisition of land is the same~ the point of order! Mr. SHERMAN. Yes. Mr. DARRAGH. Mr. Chairman, I scarcely think it necessary Mr. ~IAJ\"'N. Mr. Chairman, I make ±he point of order on the to go .further than to refer the Chair to .Rule XXI, paragraph words "or hereafter.," page :6, line 5. 2, which .reads as follows: Mr. SHERMAN. If the gentleman insists, the point of ·order Nor !Shall any provision changing ·existing law be in order in any is well taken. This is the idea we had in inserting those words. general -appropriation bill or in any amendment thereto. This provision has ·been carried in every i;>ill for more than a I would call the Chair'.s attention further to the fact stated decade, ever since I -can remember, and I presume it will be con in the report of the committee on page 6, which states that tinued, and therefore, it seemed to us wise to make this perma this legislation is new legislation. nent rather than to lumber np the bill with this provision every The CHAIRMAl'f. Does the gentleman from New York de ;year. sire to be heard upon the point of order? Mr. MANN. :May~ ask the gentleman if that proviSion was Mr. SHERMAN. Mr. Chairman, I do not think I will con left in so as rto make a permanent law, would not -the paragraph tend that this is not .a legislative provision, but I shall ask the appear in the bill next year? gentleman to reserve the point of order for a minute. .Mr. SHERMAN. Certainly not. .Mr. DARRAGH. I will reserve the point of order. Mr. OLMSTED. l.t would not do any harm if it did. Mr. SHERMAN. Mr~ Chairman, it seems to me that we dis Mr. SHERMAN. It would not appear in the next bill. There cussed this question of noureservation schools pretty thor are several parn.graphs that were ·changed in that way last year oughly the .other day, and I do not propose to reopen that .and that are not in this bill. discussion now. Here is a provision which .simply authorizes Mr. MANN. I think there are some that were made -perma the Commissioner of .Indian .Affairs, with the approval of the nent last ·year that are ;in this bill. Secretary, to negotiate with the se:veral States whei'ein Indian Mr. SHEJRl\fAN. It is .an error if there are ·any. I know in schools are now located, whic11 the Commissioner or the Secr.e the Book of Estimates there were some put ·in that way, but tary deems are not necessary for the Service, for rth~ disposal there should hot be, and in :framing the bill we sb'uck them out. of those :Schools to the States. There is nothing compllisoTy Mr. MANN. I fully agree with the gentleman fro.m New York : about it so far as the .State is concerned. If .a school located about shortening up the bill. at a given P.o'int is not dolng ·good work, i-s no~ of benefit to the 190& CONGRESSIONAL RECORD-HOUSE. '1773 _If will ·take over these :institntiam! from the Government free _of e:harge Senice, it 1\Ir. YOUNG. Very many of those Indians come from my Mr. SHERMAN. There was an agreement, as the gentleman own district; and while it is true that they have received their from Texas has said, giving to the General Government the lands in allotment, it is not true that they have advanced to power to do what we are doing now in these premises. anything like the white man's standard of civilization, and l\Ir. l\IAJ\TN. The1~ was an agreement of that sort, of .course, I do_ not believe that they could be properly educated in the or this provision would amount to nothing. But there was no ordinary schools of the State. Interstate Commerce Commission to regulate fr eight rates upon The CHAIRMAN. The question is on the amendment of railroads at that. time, and they could charge primte customers fered by the gentleman from New York [1\fr. SHERMAN]. what they pleased. Now, we have a Commission which is The question was taken, and the amendment was agreed to. supposed to fix the rates of compensation to the railroad, and The Clerk read as follows : yet you propose to say that the Government can not pay more MISCELLANEOUS. than half of that rate and may pay only 10 per cent. Telegraphing, telephoning, and purchase of Indian supplies : To pay Mr. . SHERMAN. And may pay nothing. the expense of purchasing goods and supplies for the Indian Service, Mr. l\IA1\TN. Practically. including inspection, pay of necessary employees, and all other ex 1\lr. SHERl\IAN. And does pay nothing on some lines in this penses connected therewith; advertising, at rates not exceeding re~u lar commercial rates; telegraphing and telephoning; and transportrng country. On that railroad running north from San Francisco · Indian goods and supplies, including expenses of transportation agents to Portland, Oreg.-that portion of the Northern Pacific-all that and rent of warehouses, 315,000: Prov ided, That hereafter ware houses for the receipt, storage, and shipment of goods for the Indian is transported by the War Department is transported without Service shall be maintained at t he following places: New York, Chi charge under the agreement made with the railroad, in which cago, Omaha, St. Louis, and San Francisco : Prov ided ft~rther, That the Government aid was in a bond issue. hereafter payment for transportation of Indian goods and supplies shall include all Indian transportation lawfully due such land-grant Mr. MANN. It may be perfectly proper that they ought not railroads as have not received aid in Government bonds (to be ad in that case, but that is not this case. justed in accordance with the decisions of the Supreme Court in cases 1\Ir. SHERMAN. The proposition here is to extend this great decided under such land-grant acts), but in no case shall more than 50 per cent of fnll amount of service be paid to said land-g rant benefit to the Indians, and provide that they shall have the full roads: Provided, That such compensation shall be computed upon the benefit of the act the same as the W-ar Department. basis of the tariff or lower special rates for like transportation per ·l\Ir. MA.___~N . Why, these land-grant acts are old ; the acts un formed for the public at large, and shall be accepted as in full for all demands for such service: Provided further, That hereafter in ex der which they are incorporated are old. We have been ship pending money appropriated for this purpose a railroad company ping Iudians ·freight ov-er the railroads for many years, and which has not received aid in bonds of the United States, and which this is the first time this provision has appeared in an appro obtained a grant of public lands to aid in the construction of its rail road on condition that such railroad should be a post route and mili priation bill or anywhere else. What is this proposition? tary road, subject to the use of the United States for postal, military, Mr. SHERMAN. It is a proposition to extend to the Indian naval, and other Government services, and also subject to such regu lations as Congress may imi?ose, restricting the charge for such Gov Service precisely the same regulations and the same rates that ernment transportation, haV!ng claims against tbe United States for are in operation as far as the War Department is concerned, transportation of Indian goods and supplies over such aided railroads, and gives them the advantage of the contract that was maoe shall be paid out of the moneys appropriated for such purpose only on t.he basis of such rate for tb.e transportation of such Indian o-oods with the various roads. They are divided into different ru1d supplies as the Secretary of the Interior shall deem just and rea classes-those that received aid in the way of bonds nnd those sonable under the provis ions set forth herein, such rate not to exceed that received aid in the way of land gra·nts . . It was thought at 50 per cent of the compensation for such Government transporta tion as shall at that time be charged to and paid ]Jy private pa rties the time to be of sufficient consequence to the promoters of the to any such company for like and similar transportation ; and the enterprise to make this agreement with the Government. It amount so fixed to be paid shall be accepted as in full for all demands was believed then, and it is belie•ed to-day, and I believe the for such service. gentleman from Illinois believes, that the benefits these roads 1\Ir. 1\.I.Al\TN. 1\Ir. Chairman, I reserve a point of order on received from the Government were so great that this perpetual that paragraph. This is a-new provision. I would like to have advantage to the United States would not be too great compen the gentleman explain it and tell us what it means. sation to pay. Mr. SHERI\1AN. It means to give the Interior Department Mr. MANN. Why has it not been taken advantage of before? the advantage which the War Department now enjoys, of hav Why does it require an act of Congress for'it now? ing a lower rate for the transportation of its goods on the land Mr. SHERMAN. It has been taken advantage of, and we are grant and bond-aided railroads of the country. That is, in :1. incorporating the special authority of the law to take advan word, what is intended by these various provisos. tage of it in all roads with which the United States Government Mr. Sl\fiTH of Arizona. To reduce expenses. has made an agreement. Mr. SHERMAN. In other words, to reduce expenditures. .Mr. MANN. Now, I am not familiar with the facts of thls 1\fr·. ~fA.NN. To reduce expenses? particular case, but I am familiar enough with the proposition Mr. SHERMAN. Yes; to r educe the cost of transportation. to know this, that after we passed the last rate legislation Mr. STEPHENS of Texas. The gentleman will see that it is the Government then was like other people and had to pay the only 50 per cent of the ordinary charge. rate that other people had to pay; that the railroads could not Mr. MANN. It is not even 50 per cent. I have read this bid to change their schedule of rates as they had been doing over half a dozen times and I have not been able to ascertain for the Government. In other words, that since the act of just exactly what it does mean, and so I do not know whether 1887, creating the Interstate Commerce Commission:, it has been any railroad official would ever determine that fact. Now, in the policy of the Government to require the railroads to publish reference to the statement that the payment "shall be out of their freight rates, a.nd during all that time the Government the moneys appropriated for such purposes only on the basis of was an exception and never did pay the freight rates in accord such rate for the transportation of such Indian goods and sup ance with the schedule. Now, the Government can not get the plies as the Secretary of the Interior shall deem just and rea railroads to depart from their schedule. The Government ad sonable under the provisions set forth herein, said rate not to vertised for bids expecting that they would get a rate lower exceed 50 per cent of the compensation of such Government than the regular advertised rates, but of course the railroads transportation as shall at that time be charged to and paid by could not vary from their regular rates. Now, just how far private parties," which means to say that the Government, that affects this situation I do not know, but I can see no having passed a rate bill providing that everybody shall enjoy reason why under ordinary circumstances the Government equal privileges, we were not willing to take the privilege of should require the railroad company, in order to deal justly transporting Government freight and paying for it the regular with the patrons of these lines and treat everybody alike- rate, but we confer absolutely upon the Secretary of the Interior should insist upon having preferential rates for itself at the the power to say it shall be only 10 per cent of the rate. Of expense of the other patrons of the roa.d. course that means that somebody else has to make it up on that Mr. SHERMAN. Does not the gentleman reca.ll that in the line of road, and the question is whether the Government in H epbm·n bill, with the framing of which he had much to do, transporting freight to the West over land-grant roads shall he expressly provided that the Government had the right to transport the freight at no expense to the General Government do this very thing? I have before me the exact language and make the citizens of the towns along the line of the road of section 22: support the road, or whether it shall reduce the rates through That nothing in this act shall prevent the carriaae, storage, or the rate commission so that they shall be the same to all handling of property thereon at reduced rates for the United States. parties. And so forth. Sq that in that act of 1906 w..e expressly gave Mr. STEPHENS of Texas. Permit me to remind you that a.uthority fo r this sort of thing, and the contracts made with there was an· agreement made between the railroads and the these roads, which -were of wonderful and enormous value t o Government at the time they received these benefits. them, without which these roads never could have been origi Mr. SHERl\IAJ.'l". Certainly. nally projected or constructed, expressly gave the United States Mr. STEPHENS of Texas. And that is only carrying out that this preference. I see no reason under the law or in j ustice agreement. why we should not avail ourselves of the rights which we 1908 .. CONGRESSIONAL RECORD-HOUSE. 1775' derived for a full and valuable consideration given to these that Quanah Parker, ·chief of the Comanche tribe of Indians, corporations. is in the city, and yesterday requested me to ask Congress to The CHAIRl\IAN. Does the gentleman from Illinois insist make this .appropriation of $1,000, to erect a monument over on his point of order? the graves of his mother, Cynthia Ann Parker, and his sister, Mr. MANN. I J)ropose to insist on my point of order against Prairie Flower, who were buried side by side in the Fosterville a portion of it. graveyard, near Poyner Station, in Henderson County, Te...~ The CHAIRMAN. The gentleman will state his point of Quanah has been a friend of the people of the Southwest, and order. .in my own State so great is the respect for this chieftain that l\fr. ~!ANN. I first insist on the _point of order .against the there is a county seat named for him. word " hereafter " in line 1, page 8, and against the same word, Quanah Parker's father's name was Peta Nocona, who wa.s a line 12 on the same page, so that if this e:x;periment be made, Comanche chieftain, and there is a town named Nocona., for this it shall at least be only for the year. Indian, .in Montague County, Tex. Mr. SHERMAN. Of course- There is no doubt but that this Chief Quanah Parker has Mr. FITZGERALD. And I make the point of order against saved the lives and property e>f a great many persons in the the word " hereafter '' in line 22, page 7. Southwest, and he is causing his tribe to leave the "war path" The CHAIRMAN. The gentleman from Illlnois has not yet as they call it, and has been an invaluable aid in getting them finished his statement. to take and follow the "white man's road," as he calls it. Mr. MANN. I make the point ·of order on the word "here He now says that he recently lost a son, aver whose grave he after " in line 1 and line 12. has erected a monument, but that he has no money to erect a Mr. SHERMAN. Of course I concede that the po1nt of order monument over the gra-ye of his mother, Cynthia Ann Parker, is well taken. and his -sister, Prairie Flower. Mr. FITZGERALD. And I make the point of order against Quanah Parker has been -chief of the Comanche tribe of In the word" hereafter" in line 22, page 7. dians for many years; he is the friend of the white man, and Mr. SHERMAN. I do not think the last point of order lies, has been for many years, and he asks this pittance, as a gratuity in the first place, and in the second place I -do not think the from the Government, to enable him to put -over his mother's and gentleman from New York wants to insist on it, even if it does. sister's graves a suitable monument. . This is for the continuance 'Of work now in ·progress. These When he told me that lle had not the money to do it himself warehouses are there now and have been for years. he manifested great feeling, and said that he thought that a Mr ~ FITZGERA.LD. But, Mr. Chairman-- generous Government, for whom he has done so much, shouid Mr. SHERMAN. Does the gentleman mean to say we can let him ha\e this money to mark the last resting place of his not continue that? mother and sister. Mr. FI'.rZGERALD. No; but I mean to say that the word His mother was captured by the Comanche Indians at Parkex;s "herE-after" changes the law, and makes -permanent what is Fort on May 19, 1836, a few days after the battle of San now inaintained only in the appropriation acts. I make the Jacinto was fought. point of order on that word, not against the -provision con Parkers Fo1·t was situated on the headwaters of the Navisota tinuing the warehouses. Creek 60 miles from the nearest white settlement and 2 miles Mr. l\fA.NN. · My recollection is that that was in the law of from 'the present town of Groesbeck, Limestone County, Tex. last year. The fort was occupied by six men and several women and chil Mr. SHERMAN. I am sorry to roy it was not. l\Ir. FITZGERALD. 'My recollection, refreshed by the act dren. The Indians shrewdly presented a white flag and sent of the present year, is that it was not in the law of last year. some of their number to the fort to say that they were friendly. One of the inmates Benjamin Parker (who was the father Mr. SHERM.A.l~. If the gentleman will resene his point of order for .a moment, let me ask what is his theo1·y in denying of Cynthia Ann ·Par'ker and grandfather of Chief Quanab the continuance of these warehouses which are already in Parker) let them enter the fort, believing that they were existence? They are all found useful and necessary. friendly,Indians and wanted to make a treaty with the whites, l\lr. FITZGERALD. Why, Mr. Chairman, the gentleman but when he was within their power they treacherously at from New York remembers, as I do, that at least one of these tacked and killed him and immediately captured the fort. . warehouses was not continued because it was necessary for "It was a stockade fort, occupied by several families who the service. Jt was continued because the man who happened had just returned from the flight before the Mexican army, to be at the head of the Department of the Interior came from commanded by ·Gen. Santa Anna. After effecting an en St. Louis, n.nd insisted on keeping that warehouse where it trance into Parkers Fort by -pretending to be friendly; the was unnecessary. Indians massacred all the men and some of the women and Mr. 1\IANN. There is no doubt .about that. children, carrying -away captive Mrs. Plummer and her son, l\Ir. FITZGERALD. And I shall not consent to .a. permanent 2 years old; Mrs. Kellogg; Cynthia Ann Parker, then ·9 years old, and her brother, aged 6. After leaving the fort the Co provision of law being made to malntaiil a ~rehouse tha~, as far as I recall, is utterly unnecessary, and which was retained manches and Kiowas traveled together until midnight. They simply for the convenience of a high official of the Govern then camped brought their prisoners together, tied their hands ment. The reports show that the amount of business done · behind them' so tightly as to eut the flesh, ti~d their feet to there did not justify its being there. It can be carried in this gether, and threw them on their faces; then gathered arolmd way of course, from year to year ; but it shall not, if I can with the bloody scalps they had tnken at the fort and commenced prev'ent it, be permanently enforced on the service, particularly their war dance. They danced, screamed, yelled, and stamped as the man for whose benefit it was maintained is no longer upon the p·risoners, beating them with bows until the blood connected with ·the Government. I think it would be a wise flowed from their bruises, and the rest of the night the women thing to send that warehouse after him. had to listen to the cries and groans of the little children. The CHAIRMAN. Does the gentleman from New York in When the tribes parted each of the bands took a captive." sist on his point of order? Cynthia Ann Parker was claimed by the Comanche tribe Mr. FITZGERALD. I do. and became their permanent capti\e. Nothing was heard from The CHA.IRMAN. Does the gentleman in charge of the bill her for many years, but in the meantime her relatives and desire to be heard on the point of order any further? friends and the Texas authorities did everything in their power Mr. SHERMAN. I do not. to ascertain her fate and secure her release, if she was living. The CHAIRMAN. The point of order is sustained. The In the autumn of 1860 the Comanches, in force under their Clerk will read. • chief, Peta Nocona, the father of Quanah Parker and the In The Clerk read as follows: dian husband of Cynthia Ann, raided through Parker and ad joining counties and inflicted great distress upon the w.hite set For pure vaccine matter and vaccinatio·n of Indians, $5,000~ tlements. Mr. STEPHENS of Texas. Mr. Chairman, after line 12, But in December he was followed and surprised in his own page 9, I move to insert the following, which I send to the camp on Pease .River 'by a force of 40 Texas Rangers and 20 Clerk's desk. dragoons of the Regular Army, in all 60 soldiers, under Captain The Clerk read as follows: Ross of the rangers. His camp was captured and many slain. For erecting a monument over the gra>es of ·Cynthia Ann . Parker The &ief fled at full speed, with another Indian behind him on and her daughter, Prairie Flower (who were the mother and ~ster ~f Quannah Parker, now tho chief of the Coma~che. trine of Ind.1ans m the same horse, and his wife, with an infant in .her arms, on a Oklahoma), $1,000, to be expended under the duectwn of the Secretar.Y fleet pony beside him. The captain of the rangers, with one of the Interior. attendant, pursued. They soon overtook the chief's wife, who Mr. SHERMAN. Mr. Chairman, I will have to raise a point held up .her child and stopped. Leaving her with his attendant, of order against that. I will reserve the point of order. · the captain pursued the two Indians on one horse, and, coming Mr. STEPHENS of Texas. Mr. Chairman, I desire to stat(' up with them, fired with his heavy revolving pistol, killing the -11776 CONGRESS! ON AL RECORD--HOUSE. FEBRUARY 10, hindmost. The same ball would have also killed the chief, but Mr. SHERMAN. It is an authority granted to cover special hi shield hanging on bi~ back prevented. The hindmost, in sitllations as they arise. falling, dragged the chief from his horse, but he lit upon his feet 1\fr. MANN. It is no more likely to arise in his case than and plied his pursuer with arrows, wounding his horse. The thousands of others. wound set the animal to rearing and plunging so violently that Mr. SHERMAN. I suppose not. It is a proposition that -in the ranger could not aim his weapon. Victory in the single volves no additional expense and may be a considerable saving combat seemed on the point of declaring for the savage. His to the ~overnment, besides being a provision which would well-directed arrows were sent rapicUy; but a random shot make it possible to get information speedily where otherwise it from the ranger broke his right arm and disabled him, both would not. hands tJeing indiE~pensable to the use of the bow. The captn.in's 1\fr. MANN. The gentleman says it would cover no addi horse becoming quiet, he shot the chief twice through the body, tional expen!;ie. He means no additional expense in the way of who then walked deliberately to a tree near by and, leaning salary. against it, began to sing a wild, weird song-the death song of Mr. SHERl\IAN. Nor in the way of expenses. . his tribe-a custom in many tribes in the presence of certain 1\Ir. MANN. Oh, he might be required to do something for death. which we had refused to· make any appropriation. It is a very The captain's men coming up with an interpreter, the chief unusual provision of law, and unless there is some special was summoned to surrender, but he answered by a savage reason for it, I do not think it ought to go in. I do not think . thrust at the captain with his lance held in his left hand. It we ought to fix the duties of an officer by saying that he hall was plain that he would surrender only to death. The captain perform such duties as somebody else may impose upon him. directed one of his attendants to "finish him," and the death 1\Ir. SHERUAN. The special rea on is to make it possible song ended. The Indian who had been riding behind the chief to conduct the affairs of the department with expedition and proved to be a young female, but her sex was not distinguished economy, and it is belie-red at times it would be desirable in the flight, because she was covered with a buffalo robe with under this -provision, although I will say to the gentlemn.n from only the head visible. The woman taken with the child, the Illinois, that so far as I know, this provision has not been fallen chief's wife, was seen to be a white woman, and she had availed of in a good many months at le..'lst; blue eyes. She wept incessantly and the captain directed the Mr. MANN . I think it ought to go out. interpreter to tell her that they recognized her as one of their 1\Ir. SHERMAN. I do not know whether it iB subject to a own nation and would nattle, and, she feared, were slain. She was sent to the last proviso, page 10, lines 23, 24, and 25. white settlements, where she was speedily identified as Cynthia Mr. SHERMAN. Mr. Chairman, that is what we call "cur Ann Parker, who was captured when 9 years old by the Co rent law." It is the provision precisely that was in last year's manches at Parkers Fort massacre in 1 36. She was not recon bill, and has been in every act for a dozen years or more: Under ciled to civilization, and had to be watched to prevent her es these circumstances I think the point of order does not lie. It cape. Her little child, named Prairie Flower, died, and in less has been held over and over again that so-called "current law" than two years she died also and was laid beside her little barba is law so far as this rule is concerned. rian. Of h~r sons, one died on the plains, but the other lived Mr. MANN. Mr. Chairman, this is law so far as the current and became the famous chief, Quanah Parker, who uow asks, appropriation law is concerned until the 30th of June, but when by my amendment to this bill, for $1,000 to erect a monument the midnight comes between the 30th of June and the .1st of over his mother's gra>e. · July this is no longer law, and this bill then takes effect and Captain Ross, the gallant ranger, afterwards became a briga does not take effect until then. dier-general in the Confederate army, and subsequently gov Mr. SllERUAN. Mr. Chairman, I think that the chairman ernor of the State of Texas, and died a few years ago, uni will find that it has been repeatedly held by the Chairman of the versally loved and respected by all Texans. While serving as Committee of the Whole House that what is commonly called governor he ga >e me the abo>e particulars of the capture of " current law" is effectiYe so far as the rule is concerned; that a Cynthia Ann Parker. This battle ground was but about 20 matter that is carried in an appropriation bill this year may be miles above the town of Vernon, on Pease River, at the mouth carried in the bill for the next year without violating the rule. of l\Iule Creek and in Foard Cotmty, Tex. The CHAIRMAN. The Chair has such respect for the par Ur. Chairman, in view of the public service rendered by this liamentary learning of the gentleman from New York that Indian chief to the white people on the Texas frontier in caus if the views he has just ad>anced were uttered by him from ing his tribe to quit the war path and live on their reserva the chair, he would certainly hesitate to overrule it, but the tion, and the further fact of the suffering of his mother for Chair feels that as the gentleman is in the position of ad so many years as a white captive among savages, we should vocating it, he can not sustain him, and must sustain the erect a monument to mark the spot of her last resting place. point of order. I therefore hope that the gentleman from New York [Mr. Mr. SHERMAN. I hope the Chair will permit me to ex SHERMAN] will not insist further upon his point of ord~r press my appreciation of the encomiums passed upon the gen against my amendment making this small sum a part of the tleman from New York by the present occupant of the chair. Indian appropriation bill. · The CHAIRMAN. The Clerk will read. The Clerk read as follows: Mr. SHERMAN. 1\fr. Chairman, I must insist on the point of For services of officers at $25 per month each, and privates at order. The matter has not been considered by the committee. $20 per month each, of Indian police, to be employed in maintaining The CHA.IRMAl~. The point of order is sustained. order and prohibiting illegal traffic in liquor on the several Indian The Clerk read as follows: reservations and within the Territory of Alaska., in the discretion of the Secretn.ry of the Interior, for the purchase of equipments and For necessary traveling expenses of one superintendent of Indian for the purchase of rations for policemen at nonration agencies schooh!, including tele.,.raphing and incidental expenses of inspection $200,000. ' and investigation, $1,500: Pt·ot·ided, That he shall be allowed $3 per day for traveling expenses when actually on duty in the field exclusive 1\fr. STAFFORD. :Mr. Chairman, I reserve the point of of cost of transportation and sleeping-car fare in lieu of all' other ex penses now allowed by law: And provided further, That he shall per order on that clause. form such other duties .as may be imposed upon him by the Commis Mr. HUMPHREYS of Mississippi. 1\Ir. Chairman, I rise for ~~t~~io~~ Indian Affairs, subject to the approval of the Secretary of the the purpose of offering an amendment, and I think the Chair recognized me before the Chair recognized the gentlenian to l\Ir. MANN. 1\fr. Chairman, I reserve the point of order on offer his point of order. the last paragraph. I would like to ask the gentleman in charge The CHAIRMAN. •The gentleman from Wisconsin rose to a of the bill what limitation there is upon what the superin point of order and is therefore entitled to preference. tendent of schools may be directed to do under such a proviso. .Mr. SHERMAN. 1\Ir. Chairman, I would like to know what Mr. SHERMAN. There is no limitation on it. It is a pro the gentleman's point of order is. vision that is not often availed of, but I can conceive of a case Mr. STAFFORD. It is new legislation. where a complaint might come in from a section of the country 1\lr. SHERl\fAN. Oh, the gentleman is in error. · It is not that did not have to do particularly with schools, and the super new legi lation, in the first pla.c~, and in the second place it intendent might be there, and the Commissioner by telegraphing is a provision for a conduct of the Service during the fiscal to the superintendent could have that matter promptly and year for which all these appropriations are made. economically investigated and reported on. 1\Ir. STAFFORD. 1\Ir. Chairman, I will withdraw the point 1\lr, 1\IANN. It seems to me a pretty dangerous power to say of order. . that a man shall have such duties to perform as some other Mr. . MA.l'{N. 1\Ir .. Chairman, I renew the point of order. I officer shall direct, regardless of the scope of his work. reserve the point of order for -a moment. I would like to ask 1908. CONGRESSIONAL RECORD- HOUSE. ·. ll777 the gentleman this question : This seems to provide for main the courts of the States and in the Federal courts-against a taining order and prohibiting the illegal traffic in liquor on the man who is charged with having engaged in the retail-liquor seYerul Indian reservations, and within the Territory of Alaska. business in those reservations, the Internal-Revenue Commis 'l'his woulu seem to go to the limit of permitting the Secretary sioner declines to give the information and declines to give any of the Interior to use the entire fund in maintaining order in collector of internal revenue permission to give the information Alaska. Of course, that is not the purpose of the proposition, that would hring these people to justice. Two years ago, after as I take it. very considerable controversy over the !:;Ubject, Congress passed Mr. SHERMAN. Oh, certainly not. a law requiring the Commissioner of Internal Revenue to fur l\Ir. 1\IANN. That is the way the language reads. Possibly nish this testimony for prosecutions before State courts where to that extent it would be subject to a point of order. a man was charged with the illegal sale of liquor, and that is l\fr. STEPHENS of Texas. I will state to the gentleman that now the law; but it is not the law that a United States district it iB the old law, word for word. attorney can call for and require him to give this information Mr. MANN. Well, there have been so many things inserted in prosecutions in the Federal courts, and so we have the anom into this Indian appropriation bill by the body at the other end alous situation that while the Federal Government is appropri of the Capitol that many of them are subject to points of order ating thousands and tens of thousands of dollars every year to that have been in the law. As I understand, this money is in enforce the provisions of this bill and the prov).sions of the Re tended to prohibit the illegal traffic in liquor. vised Statutes against the unlawful sale of liquor on the Indian l\fr. SHER:;\IAN. This money is expended in maintaining the reservations another officer of this Government having the police force on all the reservations in the Tinited States. These proof in his possession that would surely bring the guilty to _police ha\e charge of all minor offenses. justice declines absolutely to produce it. 1\Ir. ~IAl\TN. How far is it used in Alaska? The amendment, of course, is a change _. of existing law and 1.\lr. SHERMAN. Very little of it is used in Alaska, a trifling is subject to the point of order; but I hope, in the interest of. amount. The police have charge of all minor offenses, make ar orderly procedure; I hope, in the interest of good government, rests, bring the offenders before police judges, which are pro in the interest of the enforcement of the law, and to the end vided for on all the resena tions, and have the cases disposed that this money that we appropriate may not be wasted, that of. Their duties are to maintain order. That is precisely what the chairman of the committee will not insist upon the point of they are for. They are used at times in attempting to keep order. · children in the day schools. They are efficient ap.d effective in Before the Indian Territory was admitted, with Oklahoma, their senice. The bette1· class of Indians, as a rule, are Indian to statehood, the report of the Commissioner of Internal Rev · police. We ha-ve very few indifferent officials in this service. enue showed the number of these licenses issued to parties l\lr. l\IANN. I notice the salaries are very greatly increased. there. It is not possible now to determine how many there Mr. SHERl\IAN. The salaries were increased a year ago. are who now pay this tax there because it is all set down as This continues that increase. The old .salaries were $15 per Oklahoma. But two years ago, I remember, his report showed month for the chief, as they call him, and $10 for privates or that more than 150 parties had paid the special tax as retail pati·olmen. liquor dealers and retail dealers in malt liquors in the Indian J..'he Commissioner found that it was impossible to keep the Territory, and yet he declined to divulge their naii)es to the better class of Indians in the service at this price, and he found officers of the law. This, I think, is not only anomalous-it is the officers who were capable, conscientious, sober, . efficient, ridiculous; it is scandalous. were resigning all OYer, and in order to keep the better class of Mr. SHERMAN. Mr. Chairman, this is a matter that has Indians in this service he must increase the pay. been considered by our committee, and I insist upon the point l\lr. l\l.A.NN. Do these Indians at $20 a month give their en of order. tire time to this work? The CHAIRMAN. The Chair sustains the point of order. Mr. SHERMAN. Yes; that is their business. The Govern The Clerk read as follows: ment furnishes them a uniform, and in some places furnishes them some small ration. MATRONS. To enable the Secretary of the Interior to employ suitable persons Mr. 1\fA.l~N. I do not insist upon the point of order. . as matrons to teach Indian girls in housekeeping a.Bd other household The CHAIRMA.L.~. The gentleman from Illinois withdraws duties, at a rate not to exceed $60 per month, and for furnishing neces the point of order. The Clerk will report the amendment of sary equipments, and renting quarters where necessary, $30,000: Pro 'Vided, That the amount paid said matrons shall not come within the fered by the gentleman from Mississippi [l\fr. HUMPHREYS]. limit for employees fixed by the act of June 7, 1897. The Clerk read as follows: 1\Ir. MANN. Mr. Chairman, I reserve the point of order on After the word "dollars." in line 14, page 11, add: "'l'he Commissioner of Internal Revenue shall make and preserve a the paragraph and would like to ask the chairman of the com duplicate of the special-tax receipts issued by him to retail liquor mittee what this proviso means? dealers and retail dealers in malt liquor , and upon application of the Mr. SHERMAN. That act provides that not more than United States di trict attorney he shall furnish a certified copy thereof, as of a public record, and in all prosecutions for the unlawful $10,000 shall be expended for all the purposes at any agency sale of intoxicating liquors on the several Indian reservations and other than a consolidated agency, and at a consolidated agency within the Territory of Alaska it shall be competent for the Govern not more than $15,000 shall be expended, and this pro-viso simply ment to pl'ove that the accused has paid such special tax, and such pay ment when proven shall be prima facie evidence of such unlawful sale." means that in reaching that total the amount paid to matrons shall not be included. Is that clear? Mr. SHER1\1Al~. Mr. Chairman, I raise the point of order Mr. ~IANN. The statement is perfectly clear. against that provision. Mr. SHERl\IAl~ . '.rhe provision in reference to the limit.'t· l\fr. HUMPHREYS of Mississippi. Mr. Chairman, I will ask tion was one that was made before there were-! was going the chairman ·of the committee to reserve the point of order for to say before there were any matrons provided for, but per a moment. haps I may be in error about that-but before there was any Mr. SHER:i\,lA.:.~. The gentleman will see so clearly it is considerable sum appropriated for this particular service. against the rule it is hardly necessary, but still I will reserTe Mr. 1\f.A.NN. Mr. Chairman, on the gentleman's statement I the point of order for a moment. withdraw the point of order. :Mr. HUMPHREYS of :Mississippi. 1\fr. Chairman, the pur The Clerk read as follows: pose of this amendment is to extend the provisions of the law F.A.RliERS JL~D STOCKJIIEN. which we passed two years ago to prosecutions for the viola To enable the Commissioner of Indian Atl'airs to employ practical tion of the statute against the sale of intoxicating liquors on farmers and practical stockmen, subject only to such examination as to qualifications as the Secretary of the Interior may prescribe, i.a ad the Indian reseryations. Now, I take it, l\fr. Chairman, we are dition to the agency farmers now ·employed, at wages not exceeding earne t and honest in the purpose we have in the appropriations $75 each per month, to superintend and direct farming and stock ra is we make here to suppress the illegal traffic in liquors on the ing among such IJldians as are making etl'ort for self-support, $12;),000 : Pt·ov ided, That the amounts paid such farmers and stockmen shall not Indian reservations, and yet we have this anomalous situa come within the limit for employees fixed by the act of June 7, 1897: tion: We appropriate $25,000 in one place and so much of this Provided turthe1·, That the Commissioner of Indian Affairs may em $200,000 as is necessary in another place to ferret out violations ploy additional farmers at any Indian school at not exceeding 60 per month, subject only to such examination as the Secretary of the Inte of this law upon Indian reservations, while the Internal-Revenue rior may prescribe, said farmers to be in addition to the school farmers Commissioner is issuing to parties who are engaged as retail now employed. liquor dealers in these reserYations special-tax receipts, gen 1\lr. :h1A.J.~. 1\Ir. Chairman, I reserYe the point of order upon erally known as internal-revenue licenses, and when the Govern the paragraph. The gentleman from New York [Mr. SHERMAN] ment proceeds to prosecute a man on one of these reservations . stated a while ago that these farmers were in the classified for the violation of the provisions of this law and the district service, and I suppose he has his information from the Commis attorney endeavors to get that proof from the reYenue col sioner of Indian Affairs. But in this paragraph is the provision lector-proof which would be competent and is competent in all that their appointment shall be subject only to such examina- XLII- 112 i778 CONGRESSIONAL RECORD-- HOUSE. FEBRUARY 10, tion as to qualifications as the Secretary of the Interior may Mr. FITZGERALD. Does the gentleman suspect this Admin prescribe. Now, that changes the civil-service law absolutely, istration would use these employees for political purposes? and I do not see how it is possible for them to take a civil Ur. MANN. I do not; but I want to protect the Administra service· examination under that provision. tion against such a charge, as comes from that .side of the Mr. SHERMAN. It is not compulsory under that provision, House only, that such things are being done, and I feel sure but that provision is the same that we had in last year, and have they are not. had in right along. There is an examination prescribed by the Mr. FITZGERALD. · The latest information on that question Ci>il Service Commission for a farmer. This of course takes comes from a source very close to that side of the House. I that out from under that. understand it will be in to-night's papers. From what I have Mr. MANN. This would make it possible to have these politi heard, there will be some proof. The impression I have received cal appointees, and I do not think-- from this colloquy between the gentleman from Illinois [Mr. 1\Ir. SHERMAN. It would make it possible-and that is being MANN] and the gentleman from New York [Mr. SHERMAN] done--to have as many of them as possible Indians so far as is that there was perhaps some suspicion of that kind, that men the assistant farmers are concerned. It is the policy of the taken into the SeL'vice exempt from the civil service rules had Bureau, wherever it is possible, to employ Indians in the been utilized for the political purposes of one particular candi Service, and as a matter of fact to-day about one-fom"th of the date of the Republicans against the others. I would regret employees under this provision are of Indian blood. And the very much if anything like that should happen. provision makes it possible for the Commissioner to ascertain in The CHAIRMAN. The Chair is ready to rule on the point such manner as he finds feasible and most convenient whether of order, and must sustain it as made. or not these Indians whom he desires to employ are competent Mr. SHERMAN. Then I move to amend this, in line 14, page for the employment~ · 12, by inserting " Provided no part of the sum herein appropri Mr. FITZGERALD. Would it be wise to limit this examina ated shall be expended except only "-I will have to take a tion only to the Indian employees? little time to prepare the amendment. 1\Ir. SHERMAN. I think it would be better to leave it as it Mr. McGUIRE. I would like to say to the gentleman from is. It is under this provision that we have been operating for Illinois that this particular Service is very, very necessary, and some years. We have a good class of farmers now. The reports in many instances it has been impossible to secure persons who all show that the duties are well performed and that the results have taken the regular civil-service examination. To my knowl attained are very satisfactory. edge on many. of these reservations where persons have been Mr. 1\IANN. Well, the gentleman of course is aware of the employed by the Secretary of the Interior or Commissioner of fact that there has been a charge-! may judge from an article Indian Affairs, they have been immediately superseded upon I saw in a morning paper-that some employees of the Govern the presentation of persons who have taken the regular civil ment had been used for political purposes. And I desire to pro service examination. tect, as far as I can, the President from the suspicion, which I Mr. SMITH of Arizona. And who have proven incompetent believe to be unfounded, that such could be the case, and to pre afterwards. vent political appointments. Mr. McGUIRE. And ofttimes pro\err incompetent. There is 1\Ir. SHERMAN. Oh, Mr. Chairman, I agree with the belief no reservation in my State where this Service can well be dis of the gentleman from· Illinois [Mr. MANN], but I can not con pensed with, and I would like to see the gentleman withdraw cede that it would be possible, even did we have a President who the point of order. desired to use patronage to accomplish desired political ends, for Mr. SHEitMAN. I now offer as an amendment- these Indian farmers to be used to accomplish such a purpose. Pro-vided, That no part of the sum herein provided shall be expended Mr. FITZGERALD. Mr. Chairman--· except only for such farmers as shall have been found to be qualified ·Mr. SHERMAN. And here is a provision under which we upon examination prescribed by the Secretary of tile Interior. have been operating for a decade, found to be practicable, The CHAIRMAN. The Clerk will report the amendment. found to work to the advantage of the Service, under which we The Clerk read as follows : have been procuring competent men, honest men, efficient men, Insert: "Provided, That no part of the money herein appropriated sober men, who· have produced the results which we desire, shall be e~ended except only for such farmers as shall have been found who have been of real benefit to the Indians in the line of prac to be qualified upon examination prescribed by the Secretary of the tical instruction in farming, and in the vo Does it authorize the appointment of these officials a t all in a intelligently on one of t hese irrigated farms in the West, or different mnnner from the manner now prescribed by law? vice versa. If the law does require these appointees to be 1\fr. Sl\IITH of .Arizona. ·wm the gentleman from Illinois taken from the civil-service list, this amendment does not permit me to ask him a question? change that or seek to, but it puts on the added qualification 1\Ir. 1\L-U\TN. Certainly. that no man shall be appointed until the Secretary of the I n- 1\.fr. SMITH of Arizona. Aside from his point of order, what terior is satisfied that he is a good farmer. · objection has the gentleman from Illinois to the appointment l\lr. FITZGERALD. I desire to call attention to one au of these farmers in this way, in view of the fact that their thority, on page 358 of the Digest. In the Fifty-ninth Congress, qualifications and knowledge must be very different? You second session, it was decided that : select a farmer for Oklahoma, one for Dakota, and another for The House may not, under guise of limitation on a general appro Arizona. It is not a question of the civil service. It can not priation bill, grant the whole appropriation for a general set·vice, on condition that an executive officer shall take a certain course as to a be for the good of the Service, because the man on the civil specific service. service lists who might draw the premium would not know any I have not had time to run through the authorities, but I more about irrigation when he was assigned to Arizona than I recall distinctly that it has been held that a provision under know about the Sanscrit language. I am trying to draw the the guise of a limitation, which in effect repeals or modifies gentleman's attention to the desirability of avoiding the civil an existing law, is not a limitation, but is a change of existing service appointments in these particular cases. A man wllose law. life has been spent in irrigation knows exactly when to put on Now, this law at present requires that these farmers be ap water, how much to put on, and e\erything connected with th•! pointed after examination by the Civil Service Commission. work, and I wouJd not give one such man, nor would tlw gentle 'The object of this provision is to exempt from the operation o~ man if he could see the difference between them, for all the the .law the pnrticular persons· appointed under this provision, civil-service men in the world. The Secretary has been select and to that e..~tent it in effect operates as a repeal of the law: ing men for the performance of this duty who have been doing now existing. I submit if that can be done. I recall a case it fairly well. Yery well where an effort wns made to authorize a lease for l\fr. .l\fANN. Is the gentleman aware that the Government post-office purposes for a certain period of time. The law pro proposes to expend during the next fiscal year $20,000,000 or vided that leases for such purposes could not be made for more $30,000,000 in irrigation plants, all under civil-service ern ployees? · than a certain number of years-I have not the details fixed in my mind-it may ha\e been ten years. An amendment was offered 1\fr. SMITH of Arizona. Yes. providing that a lease should be made for fifty years, and the 1\fr. :MANN. It seems to me that is an answer to the gentle· Chair ruled, if I recall correctly, that in effect that was n re man. peal of the law regulating the leases of buildings for po. t-office l\fr. Sl\IITH of Arizona. It is not an answer by any means, purposes and not a limitation under the rule. It seems to me and I will· show you why. the pro¥ision does evade the effect of the law invoked by the l\lr. l\IANN. We are either making a very grave mistake in gentleman, and does change existing law. expending these many millions of dollars that way, or it seems 'l'he CHAIRMAN. The Chair is ready to r ule. The doc to me that we can safely expend this small amount of money trine of limitation is an interesting and_elusive one. Limita in the same way. tions can be imposed by Congress, but still we must be careful l\fr. Sl\fiTH of Arizona. That shows that the gentleman that under the form of limitations we do not have the reality from Illinois, for whom I ha>e the highest possible regard both of legislation. Where that is the result, then that principle for his intelligence and his duty-performing service on t.q.is floor. can not be availed of to evade and escape the r·ule that no legis can not have and none of us can have a comprehensive view of lation shall be contained in an appropriation bill. In this case, the whole situation. This country is awfully big. The di>er as the Chair understands the law to be, there is a statute llY gences, even in farming, are as wide apart as the. poles. Now, which persons who are to be farmers and stockmen, persons the civil service to which the gentleman refers, rn the matter provided for by this paragraph, shall be appointed under the of great irrigation schemes, is a very different matter from rules of the civil service. t eaching a Papago Indian, on a hundred of acres of land, how The amendment that is offered provides that no part of this to raise beans and potatoes. · money-in other words, none of the employees who, being em l\fr. l\IA~""N . But the gentleman was talking about irrigation, ployed under the terms of this provision, shall be paid-that no and that is the reason I made the suggestion. If he wants to money shall be expended unless they shall be found to be know about this particular case, I may say to him that under qualified upon an examination prescribed by the Secretary of the civil-service law all that is necessary to be done, if there the Interior. be any reason to take these people out of the classified service, Now, the result would be, as it seems to the Chair, either that is for the Commissioner of Indian Affairs or the Secretary of no one could be appointed, -or, if appointments were made, they the Interior to ask the President to take them out, and the must be made in a way not now authorized by law. If this President will issue an order taking them out of the civil serv amendment was adopted, if it was put into effect, the nece sary ice. There is nothing hard about it. result would be, as it seems to the Chair, that these employees, 1\Ir. S:\HTH of Arizona. Here is the difficulty that confronts instead of being appointed as the law now requires they should us there again. The President may not do it. be appointe I Mr. Ok"\ISTED. 1\Ir. Chairman, I move to strike out the last like every other part of the public service. There would be no word. I notice that last year there was an appropriation of trouble, upon a proper showing, in having the necessary money." $225,000 for this specific purpose, and it appears upon the face appropriated,- but in this way, if a large sum is unnecessary in of this bill that there is still an unexpended balance. I have the present fiscal year, the Department not only has the in.. arisen for the purpose of inquiring how many Indians are sup creased appropriation, which I haye no doubt is necessary, given ported, and in what manner they are supported, and in what for the next year, but it has in addition a sum of money that manner they are civilized, and what reason there is to increase the committee and the Congress did not have in contemplation the appropriation by $75,000. when it was appropriating for this service. It seems to me that Mr. SHERMAN. There is no increase in the appropriation; this particular service, like all other parts of. the Government that is an error. That is a combination of items. There are in service, if it is able by economy to save money in any fiscal the neighborhood of 40,000 Indians in Arizona. These Indians year1 should turn that money back into the Treasury and have have no treaty funds whatever, they substantially have rio the money for special service appropriated dil'ectly with the grass money, they substantially have no revenue of their own knowledge of the House. save what they receive fi·om their labor, and that is not a 1\Ir. SHERMAN. That economy is practiced in the Indian trifling sum, I will say ; there are many of them that are not Bureau is evident from the fact that in almost every instance, what my friend from Arizona would call "good-for-nothing In item after item, all through this bill there is a balance turned· dians." 1\fany of them are industrious; many of them are sub back into the Treasury at the end of the fiscal year. stantially maintaining themselves upon an arid piece of land Mr. FITZGERALD. That would demonstrate either that where not even a prairie dog can live. there was economy or else that the persuasive powers of the I have driven for miles and miles-30 and 40 miles-through officials were very great. that Territory on an Indian res~rvation where there was· not a Mr.- SllERl\IAN. Possibly both. But there has been econ spear of grass or drop of water ·for the entire distance; not a omy used. The gentleman was a member of the Indian Com single thing except some few little scrub cedars. It follows, of mittee at the time when we went through the Indian bill from course, that in a large population of this kind there must of page 1 until the close, going into the most minute details about necessity be a greater or less number of old and decrepit, more every particular fund, ascertaining how funds even as small or less that are sick, and there must be more, not less, who re as $500 were expended, every detail of it, and every item, and quire some aid to sustain ·themselves. We have for_years and that we pared down at that time to an amount considerably years appropriated considerable sums for the genera1 assistance lower than had ever been appropriated for these several items of all these Indians in Arizona. The amount that was unex before, and while "\"\-·e did not this year go into details to the pended fi·om the appropriation for the year closing July 1 last extent that we did at the time to which I refer, or to the same was $10,057, and the amount appropriated for the present year- extent that we did last year, we asked in a general way in . $153,000-has already been expended, and substantially the en reference to these funds and it was our oonviction-the con til'e balance it has expended and has been provided for- viction of the committee-that in each instance the fund ap Mr. OLMSTED. I did not intend to move to decrease the propriated was about the minimum that it was safe to appro appropriation, but I simply wish to understand it. priate. I do not regard it as a matter of prime . consequence But I will call the attention of the gentleman from New York. whether ' this proviso is in or out. I believe there will be a to the fact that I -was correct, as appears from page 1021 of small surplus at the end of the fiscal year. I believe it will Statutes at Large for last year, in my statement that the appro be smaller than the surplus at the end of the last fiscal ye3.1·. priation for this very specific purpose and in the identical It was only $10,000, and I do not think it is a matter of great language was $225,000. There may be abundant reason why consequence whether the Bureau is permitted to spend that or it should be increased. whether it be turned back into the Treasury, but they have Mr. STEPHENS of Texas. Will the gentleman permit me to done it heretofore, and I see no special reason for striking it give the reasons given by the Secretary of the Interior? He out now. says that these increases exist for the reason that u our work 1\fr. 1\!Al~. Will the gentleman yield for a question? among those Indians has grown tremendously with the develop 1\.Ir. SHERMAN. Certainly. ment of the country, and all we need now is to keep the work Mr. M.A.:NN. The appropriation last year was $225,000? moving for the next few years, and we shall then have most of Mr. SHERMAN. Yes. _ these Indians independent and caring for themselves." Permit ·1\fr. MANN. The item in the bill is $300,000, an increase of me to add also that formerly these Indians lived in the moun "$75,000? tains by hunting and fishing to a little extent, and that some of 1\Ir. SHERM.A.N. Yes. them had small farms along the streams, and the gentleman Mr. 1\IANN. Does not the gentleman think with the increase from Arizona [Mr. SMITH] will bear me out in the statement there will be sufficient funds if we give that without appro that a great deal of the water in the upper parts of these priating the unexpected balance? streams has been diverted from those farms by white men who Mr. SHERMAN. Yes; I think so. have taken up the land there. 1\fr. MANN. The gentleman appreciates this fact that it is 1\Ir. OLMSTED. The gentleman thinks that the further ap- impossible for the proper officials to endeavor to keep track propriation is necessary? of the amount of appropriations eH.ch year and to keep track 1\Ir. STEPHENS of Texas. I think so. of all unexpended balances of appropriations, so that no one Mr. OLMSTED. I withdraw the pro forma amendment. can tell how much the appropriations are for the next fiscal Mr. FITZGERALD. 1\fr. Chairman, I move to strike out the ye.ar if this becomes the habit. · proviso contained in lines 13 to 16. I wish to inquire first how Mr. SHERMAN. I think the gentleman is right about that. much unexpended balance of the year 1907-.- · The CHAIRMAN. Does the gentleman from New York in 1\fr. SHERl\IAN. Ten· thousand dollars was unexpended ,at sist upon his amendment? the close Qf the year 1907. In this year $153,000 had bee11: ex Mr. FITZGERALD. I had hoped, 1\Ir. Chairman, the chair pended up to the first of January, 1908. The expenditure of man of the committee would agree to the amendment, because it practically the entire balance had been provided for. At the is unusual, not only in the bill, but in all bills. The chairman end of the year where there is as large a sum as that appro of the committee states truly that there is economy in the priated there is usually a small balance. We had this up before Service. The amendment does not in any way strike out the wh~n the gentleman was a member of the committee, and I am appropriation, but it merely enables those who desire to ascer very sorry he is not now on the committee. I have missed him tain the amount of money expended in any particular year for every year since he has left; he was a very useful man there, any paTticular service to obtain it without difficulty. Under this and is ·a very useful man everywhere. We have always had system it is an utter impossibility. this provision in, and it makes it easier in the bookkeeping of The CHAIRMAN. The question is on the amendment offered the Department to run the same thing along rather than to by the gentleman from New York. .. close it up. . 1\Ir. "Sl\IITH of Arizona. Mr. Chairman, in my momentary 1\Ir. FITZGERALD. What I desire to call to the attention of absence from the Hall I learned that my friend from Penn the gentleman fi·om New York [Mr. SHERMAN], in spite of his sylvania [1\Ir. OLMSTED] has raised a question as to the ex flattering statement, is that if the appropriation is made in this penditure of the appropriation in this bill for education of the way, it is utterly impossible to keep track of what is expended Indians in Arizona. When I conceive of how much it means. in any fiscal year. The unexpended balance provided for in and how appropriately every dollar of it is spent in that coun this appropriation for one year is to be carried over to the try; while the gentleman of. Pennsylvania is as jgnorant of that next year, b"Qt why should not this service be estimated for by as I am of any virtue that emanates from Carlisle as an the Indian Office, and the Office compelled, as nearly as possible, Indian educational institution, I say it seems quite proper it to do the service for the amount appropriated? If it is unable should have come from that source. Now, there is no education to do it, let them come and ask for a deficiency appropriation in this country that I know of-I claim to be somewhat familiar 1908 .. CONGRESS! ON .AL RECORD-HOUSE·. 1781 with the Indians, and especially "the Indians." I am not talk a fact. So it is a closed incident, and if I have said anything ing about the extinct tribe of Fennimore Cooper Indians that in the least that was out of the way or that could possibly never did exist; I am talking about the Indians such as live have offended the most delicate sensibilities of ruy friend, I to-day, the blanket Indian of the reservation-and if you will want him to consider it as not having been said. double the fund you give to Arizona in this bill and cut that Mr. OLltfSTED. Mr. Chairman, I beg to assure the gentle much off from Carlisle, you will do something toward the man from Arizona [Mr. SMITH] that my most delicate sen elevation of the Indian in the next hundred years. I do not sibilities are not in the slightest degree offended. expect much short of that. I want the $10,000 to remain ·in Mr. :MANN. I hope the RECORD will show that both of the this bill, and I congratulate the party having the expenditure of gentlemen are for the flag and the appropriation. [Laughter.] the money in charge on having saved that much, but they can Mr. SHERMAN. I do not want the RECORD to show an error. spend $1,000,000 in Arizona upon the education of the Indian The gentleman from Pennsylvania [Mr. OLMSTED] applied the in irrigation enterprises alone, and ought to do it and cut off figures to a wrong period. I stated to the gentleman that every single one of the foreign schools in order to do it. Now, $153,000 has been expended during the first six months of the this ought to remain here, every dollar of it, and in this con present fiscal year out of the $225,000. In other words, during nection, if the chairman were present at the time, I would ask the first six months of this year the expenditure of the appro the amount of the additional appropriation for Arizona-- priation would indicate that the additional appropriation for Mr. HACKNEY. Seventy-five thousand dollars. next year was necessary. Mr. SMITH of Arizona. Only $75,000-- The CHAIRMAN. The question is on the amendment offered Mr. FITZGERALD. Mr. Chairman, there is no effort being by the gentleman from New York [l\1r. FITZGERALD]. made to reduce the appropriation. The question was taken, and the amendment was rejected. Mr. SMITH of Arizona. I know that, but I am trying now The Clerk read as follows : to make an effort to call the attention of the committee to the FORT MOJAVE SCHOOL. fact that we have not made the appropriation half enough. For support and education of 200 Indian pupils at the Indian school That is all; I do not expect any accomplishment from what I at Fort Mojave, Ariz., and for pay of superintendent of said. school, $35,000; say now, but in order to give, as far as I can, some little light For general repairs and improvements, $3,000; on a matter upon which I claim to know something more than For repair of water system, $3 000 ; the men in the eastern part of the country, I say we can For purchase of steam boiler, $2,000; take a million dollars and expend it in irrigation for the Indians In all, $43,000. of the Maricopa tribe alone and do more for Indian education Mr. l\I.ANN. Mr. Chairman, I raise a point of order on that. than you will do under the present condition with every dollar I do not know whether they consider that to be one paragraph expended in this whole bill; and the idea of cutting it down or or fiYe. the suggestion of a reduction in the Arizona appropriation 1\Ir. SHERMAN. Well, we generally consider that one para· comes from Pennsylvania, when there is not an Indian in his graph, for the schools, Mr. Chairman. State, nor an Indian of the kind I ·speak of within 600 miles Mr. SMITH of Arizona. That is one paragraph. of his State, for him to question the propriety of the appro The CHAIRMAN. 'What is the gentleman's point of order? priation to Arizona, where I have ·over thirty thousand under Mr. 1\f.ANN. First, the gentleman of course knows thafi my dt'lily observation. heretofore the law fixed the salary. There is no limitation in I have no particular sympathy with the individual Indian. this bill upon that salary. .A. year or two ago the gentleman I have no reason to have such sympathy, and I am referring to had a plan for readjusting the salaries of these superintendents the blanket tribal Indian. I ha. ve a thousand reasons to feel which, as far as I am con·:!erned, I am inclined to think is a the other way. But I do confess to some sort of sympathy for good one. I would like to inquire of the gentleman, while it the elevation of the mass if perchance it ever can be elevated. seems to me subject probably to a point of order, though not I hope the $10,000 will be left in the bill, for there may be certainly, if that is for the purpose of permitting the Depart necessities that will arise in a minute where they could prop ment to readjust the salaries of the superintendents of the erly expend it in the education of elevation of the Indian on schools, and, if this is the intention, to increase these salaries? his native heath. Mr. SHERl\f.A.N. Mr. Chairman, the purpose is to permit a readjustment if it be necessary, but not increase. The maxi The CH.A.IRllA.N. The question is on the amendment of the mum in each case which it was possible to heretofore fix is the gentleman from New York [1\fr. FITZGERALD]. present salaries. In other words, so far as this school, the Fort Mr. OLMSTED. Mr. Chairman, it seems to me a little Mojave School, is concerned, the total is obtained by multiply singular that the gentleman from Arizona should be so sen ing the number of pupils by $167 and adding thereto $1,600, sitive. Nobody has moved to cut down the appropriation. He which is the amount that we appropriated last year for the pay evidently has not read the clause himself. I see nothing of the superintendent. about any item of $10,000 in it. It certainly is not singular In practice the Commissioner says this: Here is a school that a Member of this House, charged with some duty toward where an appropriation of $1,600 was made for the superin his constituents and toward the whole people, when only tendent. The superintendent has been there, we will say, for $225,000 was appropriated last year for the purpose and only seven, eight, or nine years, until he has become one of the most $155,000 of it used, should ask an explanation why $300,000 efficient and capable superintendents in the Service. The only should be appropriated this year. It certainly is quite within possible way for him to receive nny advancement is to be trans reason for any gentleman on the floor to inquire why. I ferred to some other school where there is a larger attendance rose for the purpose of asking the gentleman from Arizona and a greater salary provided. The new superintendent who [Mr. SMITH]. When I rose before I supposed that he would ex goes in to take his place may be a man who pas not been a plain it, but he has not done so yet. I would like to know why superintendent of an Indian school at all. The Commissioner's it requires nearly double the amount this year that was ex idea is this, that it is not right and not for the good of the Serv pended last year, when last year they did not spend the whole Ice to have this new man begin at the salary that the former amount appropriated. I have not objected to the appropria superintendent had at the end of, say, half a dozen years' serv tion and have not sought to cut it down. I am not attack ice; and under this provision it is possible for the Commissioner ing any appropriation because it happens to go to the gen to fix the salary of the new incumbent at, we will say, $1,000 or tleman's Territory instead of to my State. He wants to keep $1,200 and year by year, from time to time, increase the salary all the appropriation in his Territory. I have heretofore en until the maximum of $1,600 may be reached; and in that w!ly deavored to ·explain why a small portion of it can be and is it offers an inducement to the new superintendent to bring his judiciously expended elsewhere. I merely rise here to inquire school up to the highest point of perfection. That is what is why it is necessary to appropriate twice as much this year sought to be attained by this change of the provision, and not when they could not expend all that they had last year? the increase of the salary of any superintendent. Mr. SMITH of Arizona. If the gentleman from Pennsylvania 1\Ir. MANN. How, then, is the maximum salary fixed? Why [Mr. OLMSTED], for whom I have great personal regard- does the gentleman say there is a maximum salary where there Mr. OLMSTED. I am sure of that. is no salary carried in the law? Mr. SMITH of Arizona. If the gentleman will permit, I .1\Ir. SHERMAN. There is no maximum general salary. The will say that I was informed when I stepped into the Hall Salary has heretofore been fixed for each superintendent, and that he had attacked the appropriation on this bill by some in confirmation of this policy in each instance in every school one probably who had not paid proper attention to the gentle we have multiplied the number of pupils by $167 and added the man's remarks. That being the statement made to me, I amount which has heretofore been appropriated for the superin replied in the manner that the RECORD will show. It was tendent. only on the information that I had received that the gentleman Mr. MANN. Then it would not be necessary to multiply by had made an attack on the appropriation, and the RECORD will 167 and then provide the compensation, as there is no maximum show, as the gentleman's statement shows, that that was :uot fixed by law: 11782 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 10, Mr. SHER~fAN. There is no maximum fixed by law, and lt Mr. SHERMAN. .A.JI of the schools specifically appropriated would be well to fix it. I think the provision that we brought for are nonreservation schools. in here a year or two ago was better than this, but-the same 1\fr. OLMSTED. This school is enumerated by the Superin end is sought to be attained, and nothing except that is sought tendent of Indian Affairs under the head of "Reservation to be attained in this provision, and in practice it will be at schools," on page 37 of his report, and is so carried. That is ·tained. No superintendent will be receiving greater compenEa the reason why I make this inquiry. tion than was provided for him last year. 1\Ir. SMITH of Arizona. Do you object to nonreservation 1\lr. MANN. I withdraw the point of order. schools? l\!r. OLMSTED. I move to strike out the last word. If I Mr. OLMSTED. No; I am in favor of them. may, without offending the sensibilities of my friend from Mr. SMITH of Arizona. What do you object to this for? Arizona-- • Mr. OLMSTED. I want to find out about it. Mr. SMITH of Arizona. Be very tender with them, for I Mr. SMITH of Arizona. You are in favor of both kinds. might get mad. Mr. SHERMAN. It is a nonreservation school. .Mr. OLl\fSTED. I would like to ask the gentleman whether 1\fr. OLMSTED. I want to call attention to it. because it this is one of those terrible nonreservation schools for the edu costs $181, exclusive of transportation, to take the Indians to cation of the Indians for which there is said to be no authority this school, as against something less than $164 per· capita at or reason whatever? I would like to have him explain, in view Carlisle, including transportation. of his statement recently about the Indians that you must pick The Clerk read as follows: them all up and educate them in·the mass or leave them all in COLORADO. mass in . the mire, why it requires to maintain the Indians an GRAND JUNCTION SCHOOL. a\erage of $212.50 to educate them in this school, taking all the For support and education of 200 Indian fupils at the Indian school items, whereas for Carlisle there are something less than $164 at Grand .Junction, Colo., and for pay o superintendent, $35,000; General repairs and improvements, $6,000; appropriated, and that includes the salary of the superintendent In all, $41,000. and all matters of Tepairs, and also includes the transportation For general incidental expenses of the Indian Service in Colorado, of pupils, which is, furnished to this Arizona school freely. I including traveling expenses pf agents, $1,000. assume the chairman of the committee and his committee have Mr. BAGGOTT. 1\Ir. Chairman, I offer the following amend- considered the matter, and it is all right, but I would like to ment: hear what the gentleman from Arizona has to say about it and The Clerk read as follows : how he reconciles it with those ideas that he has expressed on .After line 7, page 16, insert the followjng: the education of the Indians in nonresenation schools. "Fort Lewis School: :B'or the support and education of 200 Indian pupils at the Indian school at Fort Lewis, Colo., and for pay of super Mr. SMITH of Arizona. Inasmuch as the . gentleman does intendent, $35,000; · not object to it, I ha\e no desire merely to entertain the House "For general repairs and improvements, $3,700; or him. [Laughter.] "For ~as plant, $5,000; The CHAIRM.AN. The point of order is withdrawn. " In all, $43,800." The Clerk read as follows : Mr. MAL"""'N. I; reserve the point of order against that amend ment. PHOE IX SCHOOL. Mr. BAGGOTT. This amendment, which I have just offered, For support and education of 700 Indian pupils at the Indian school is to retain the Fort Lewis School in southwestern Colorado. at Phoeni x, .Ariz., and for pay of superintendent, $119,400; For general repairs and improvements, $8,000 ; This chool · is situated near three Indian reservations, the South In all, $127,400. ern Ut~, the Apache, and the Navajo. It is in close community 1\lr. OLMSTED. I want to hear from the gentleman from with all three reservations. We provide for a capacity of 200 Arizona with reference to this provision. pupils. The entire enrollment last year was 242 pupils. The The CHAIRMAN. Does the gentleman make a motion? average attendance was 192 pupils. The school is excellently Mr. OL1ISTED. I move to strike out the last word. situated to accommodate the reservations named, and is well equipped in every respect. So far as the average cost for the The CHAIRMAl~. The gentleman moves to strike out the last word. · education of the e Indian children is concerned, it compares with the cost of the education of Indiiiil pupils in other schools. 1\Ir. OLMSTED. That slight amendment will not offend my friend from Arizona at all. It merely strikes out the word I move the adoption of the amendment. "dollars." [Laughter.] Mr. SHERMAN. Mr. Chairman, inasmuch as the committee l\fr. Si!UTH of Arizona. I will consent, if you will consent has seen fit, or has been good enough, to acquiesce in my sug to the same thing at Carlisle. ge tion incorporating in the bill a provision under which the 1.\fr. OLMSTED. With the exception of Carlisle, this is the Secretary of the Interior can negotiate and dispose of the Indian l[lrgest nonreservation school in the United States. It is located schools, I think I shall not oppose incorporating in the bill again in a State that has nine reservation schools, and I think ten the items of the three schools that have been stricken out by the committee. [Applause.] I do want to say that in regard to or fifteen-! may not be accurate as to the number-of day this particular school, as I recall the hearings, the Commis schools supported by the Go-vernment. sioner states that one of the Senators from Colorado had re 1\lr. S"~HTII of Arizona. How far is this from a reservation? 1\Ir. OLMSTED. I do not know. ported to him that the State of Colorado would be very glad to Mr. S::\HTH of Arizona. That is what I thought. enter into some arrangement by which they could take over the 1\Ir. OLMSTED. I do know that after the gentleman from school. If that be correct, under the provision we have agreed Arizona offered an amendment that no pupil should be . trans to, in another year the school may be ·disposed of.- Until some ported OT"er a hundred miles, he suddenly got to work on his thillg further is done, and inasmuch as we are appropriating for arithmetic and withdrew his amendment, so I assume that some all but two or three of the schools which were stricken out, I of his Indians would haT"e to go more than a hundred miles. shall not oppose an insertion in the bill of the items for the sup Mr. SMITH of Arizona. No; not one at Phoenix has to go port of these three schools. But I propose in this connection to move to strike ont the item of $5,000 in this ame:o.dment for a over 30 miles. gas plant. I do that for the reason that if we are to dispose of Mr. O~ISTED. Whatever distance they go, they have their transportation paid by the Government, making an expenditure this school, we can do it quite as well without the additional per capita of $181 and transportation expenses besides, ns expenditure of $5,000 for a gas plant. Whatever light provision against something less than $164 at Carlisle, including trans there is there now it has been sufficient to carry·on the school portation. I withdraw the amendment. for some years, and certainly it can go another year without Mr. MANN. How many pupils are there at Carlisle? detriment to the Service without the gas plant provided for by Mr. OLMSTED. One thousand and twenty-six pupils en that amendment. So I moV"e, as an amendment to the amend ment, to strike out the $5,000 provided for the gas plant. rolled and $16-:1,000 appropriated. The CHAIRMAN [Mr. ·OLMSTED]. That can be offered after The Clerk read as follows: the point of order is disposed of. TRUXTON CANYON SCHOOL. Mr. MANN. Is there any authority of law for the construc For the support and education of 100 pupils at the Indian school at tion of this gas plant? Truxton Canyon Ariz., and for pay of superintendent, $18,200 ; General repait:s and improvements, $1,000; Mr. SHERMAN. There is no specific authority of law, but In all, 19,200. this is a school that belongs to the Government, and it is pos For general incidental expenses of the Indian Service in .Arizona, sible, I expect, under the rules of the Hou e, to make such pro including traveling expenses of agents, 1,500. · vision as we think is necessary for the betterment of the build 1\Ir. OLMSTED. I move to strike out the last word. I wish ings and for their safety and for their c_are. I assume that the to inquire whether this is a reseHation or a nonreservation item for an additional gas plant is such an item as could be put sch?ol? in without violating the rule, and therefore I have not raised 1\U, SMITH of Arizona. What do you care? the point of order, but I do think the item ought to go out. 1H08. CONGRESSIONAL RECORD-HOUSE. J1783 1\Ir. MANN. It seems to me that authority must be pro Mr. SHERMAN. · 1\Ir. Chairman, the law under which rights vided somewhere for the construction of the plant and build of way can be procured through Indian reservations provides ing. If you could provide for a gas plant, you could provide that stations can not be placed nearer together than 10 miles. for an electric plant; if you could provide for a gas plant you There is a station at Plummer, and in order to locate the next could provide for power and heating plant, or any of the things station west at the point desirable it comes about a quarter of that may go without authority of law. a mile within the 10-mile limitation, and therefol'e this au Mr. SHERMAN. The gentleman from Illinois knows that thority is asked. that has been done over and over again-that we can add to a Mr. MANN. This will in no wise injure the Indian reser plant which is now in existence. vation? Mr. MANN. Is there a plant there now? Mr. SHERMAN. Not at all. It is a benefit to it, and the Mr. SHERMAN. Certainly. question of compensation is left entirely with the Interior De Mr. MANN. Then this is an addition to the gas plant? partment, where the law leaves it. Mr. SHERMAN. Oh, no; perhaps I have misled the gentle The CHAIRMAN. The question is on the amendment offered man or I do not understand the gentleman. There is no gas by the gentleman from New York. · plant there, but there is a school plant there. Other means The question was taken and the amendment was agreed to. of lighting are now provided. However, I think that can all The Clerk read as follows : be avoided. IOWA. Mr. MANN. I think the provision for a gas plant is subject SAC AND FOX SCHOOL. to a point of order. For support and education of. 80 Indian pupils at the Indian school .1\Ir. BUTLER. Will the gentleman yield? on the Sac and Fox Reservation, Iowa, and for pay of superintendent, $14,560; Mr. SHERMAN.. Certainly. For general repairs and improvements, $600 ; Mr. BUTLER. I wish the gentleman would gratify my In all, $15,160. curiosity by answering one question. Why is it that the gentle Mr. SHERMAN. Mr. Chairman, I have an amendment which man does not oppose now the amendment offered by the gentle I wish to offer there, but which I have not at hand at present. I man from Colorado when it seeks to make provision for this ask unanimous consent to return to this paragraph later. school? The CHAIRMAN. The gentleman from New York asks unan Mr. SHERMAN. I thought I had made myself clear on that imous consent that the paragraph may be passed for the pres subject. · ent and that he may return to it later for the purpose of offering Mr. BUTLER. Then I beg the gentleman's pardon. I always an amendment. Is there objection? listen to the gentleman with interest, but I did not hear him. There was no objection. Mr. SHERMAN. I said that inasmuch as provision had The Clerk read as follows: already been made in this bill for the disposal of all schools the Department might think unnecessary hereafter, and that SACS AND FOXES OF THE MISSOURI. (TREATY.) For support of a school, per fifth article of treaty of March 6, inasmuch as that provision required a report to be made thereon 1861, $200. at the next session of Congress before anything definite was Mr. DARRAGH. Mr. Chairman, I offer the following amend done, it seemed to be reasonable to continue the schools now ment, which I send to the desk and ask to have read. in existence, and therefore I would not oppose the insertion The Clerk read as follows: in the bill of the provision for the schools that had been stricken out. After line 4 on page 21 insert : Mr. BUTLER. Until some definite plan is made. • "MICHIGAN. in. " MOUNT PLEASANT SCHOOL. Mr. SHERMAN. Until something definite is brought " For support and education of 300 Indian pupils at the Indian Mr. HAGGOTT; Mr. Chairman, I will accept the amend school, Mount Pleasant, Mich;, and for pay of superintendent, $51,800; ment. " Il'or general repairs, and improvements, $4,000 ; Mr. SHERMAN. Then, Mr. Chairman, as I understand, the " In all, $55,800." gentleman from Colorado asks unanimous consent to amend 1\Ir. DARRAGH. Mr. Chairman, the amendment I send to his amendment by striking out the provision to which I refer. the Clerk's desk, if inserted in the bill, appears in the exact Mr. HAGGOTT. Yes. language in which it appeared in the first print of the bill. It The CHAillMAN. Is there objection to considering the restores the appropriation provided for in the estimates. Not amendment as amended? [After a pause.] The Chair hears withstanding the statement that it has been reported that the none. The Chair understands the gentleman from Illinois has school was not necessary, an investigation of the facts will withdrawn his point of order? show that the school is necessary and tha"t fully one-half of the Mr. MANN. Mr. Chairman, I have not withdrawn it as yet; pupils now in attendance will be unable to attend schools of any but as I do not wish to embarrass the Chair, especially the character or receive any education to fit them for the exercise present occupant of the chair [Mr. OLMSTED], by having him of citizenship, except at this school, unless some other provision hold that the Carlisle Indian school is not in order, I withdraw were made by the State or by some other authority. In view the point of order. [Laughter.] of the statement made by the chairman of the Committee on The CHAIRMAN. The point of order is withdl·awn. The Indian Affairs, the gentleman from New York [Mr. SHERMAN], question is on the amendment offered by the gentleman from that no objection would be made to the restoration of the item, Colorado as amended. it is entirely unnecessary to explain further the necessity for The question was taken, and the amendment was agre~d to. the amendment which! offer. The Clerk read as follows : The CHAIRMAN. The question is on the amendment offered Indians formerly of Lemhi Agency, Idaho: For the second of twenty by the gentleman from Michigan. Installments, as provided in agreement with the Indians of Fort Hall and Lemhi agencies, Idaho, approved February 23, 1889, to be used by The question was taken, and the amendment was agreed to. the Secretary of the Interior for the benefit of the Indians removed to The Clerk read as follows: Fort Hall Reservation from Lemhi Agency, Idaho, in such manner as To complete the drainage and survey of the ceded Indian lands in the President may direct, .$4,000. Minnesota, $10,000. Mr. SHERMA....l'll. Mr. Chairman, I desire to offer an amend Mr. MANN. Mr. Chairman, I reserve the point of order on ment for Idaho, and it should come in on line 5 on page 17. the last paragraph. May I ask the gentleman from New York I ask unanimous consent to return to that page for ·the pur whether this drainage scheme is one that is in operation? pose of offering an amendment. Mr. SHERMAN. Which is the item to which the gentleman The CHAIRMAN. The gentleman from New York asks refers? unanimous consent to return to the preceding page for the pur Mr. MANN. Lines 8 and 9, page 21, for the drainage and pose o:t offering an amendment. Is there objection? survey of the ceded Indian lands in Minnesota. There was· no objection. Mr. SHERMAN. Oh, that is something that is in operation Mr. SHERMAN. 1\Ir. Chairman, I offer the following now. The gentleman from Minnesota [Mr. STEENERSON] desires amendment, which 1 send to the desk and ask to have read. to be heard upon that, but he does not seem to be here now. The Clerk read as follows: It is to continue a work that is now in progress for drainage After line 5 on page 17 insert : or reclamation of a large area of land. I can not say from mem "Th:lt the Chicago, Milwaukee and St. Paul Railway Company, of ory just what we have expended-$15,000, I think, already, and Idaho, is hereby authorized to locate, subject to the approval of the Secretary of the Interiori an additional station ground, not to exceed this $10,000 will not be sufficient to complete the work, and it is 200 feet in width by a ength of 3,000 feet, west of Plummer, upon for the purpose of continuing it. its located line in the Coeiir d'Alene Indian Reservation, in the State 1\Ir. MANN. Well, it says "to. complete." of Idaho: Provided., That full compensation therefor shall be deter mined 3.Dd pnid unoer the direction of the Secretary of tbe Interior Mr. SHERMAN. It will not complete :the work, in my judg in accordance with the provisions of the act of March 2, 1889 (30 ment. Mr. Chairman, I will ask the gentleman from Minnesota Stat. L., 990) ." [l\fr. STEENERSON], who is the father of this proposition, to ex The CHAIRMAN. I would like to ask the reason for this, plain it. ' il784 . CONGRESSION .A:L RECORD- HOUSE. FEBRUARY 10, Mr. STEENERSON. Mr. Chairman, the so-called "ceded Mr. MANN. I thought the gentleman had. Chippewa lands " in Minnesota were ceded under the act of 1889, Mr. SHERMAN. If you will pass this informally, we will and neither the school-lands grant nor the swamp-lands grant to send for it. Mr. Chairman, I suggest that we pass this without the State attached to any land in this region. '.rhe lands were prejudice. subject to homestead entry at $1.25 an acre. They have now been The CHAIRMAN. The gentleman from New York [1\Ir. SHER open to entry for about eighteen years and only about half of M.A.N] asks unanimous consent that the paragraph be passed them. have been taken because they were low and swampy, and without prejudice. Is there objection? [After a pause.] The it was thought in 1906 that it would be desirable to have a Chair hears none. drainage survey made, and an appropriation of $15,000 was Mr. SMITH of Arizona. Mr. Chairman, I move to strike out made to have that survey made to determine whether these the last word. The other day I submitted some remarks on this lands could be made available for settlers by drainage. ~'he Indian appropriation bill and inadvertently they were sent to $15,000 was spent and the land was surveyed, and last year my rooms for revision. I had no idea of that, and I did not see another lf10,000 was appropriated and the survey continued. them in time to put the matter in the RECORD at all that night; Elaborate reports were made, and they stated in their last re and I ask unanimous consent of the committee, not only to put port that they can complete the survey with another $10,000, the remarks in the RECoRD, but to submit some general observa and that is about all that can be said about it. • · tions on the Indian question. Mr. 111A.NN. May I ask the gentleman who owns this lan 1908. . CONGRESSIONAL RECORD-.HOUSE. 1785 Mr. FITZGERALD. Will the gentleman yield for a question? The Clerk read as follows: Mr. SHERMAN. Yes. Insert after line 4, page 28 : Mr. FITZGERALD. What part of the bill, if any, has that " For the purpose of rewooding. and repiling the present old bridge across the Niobrara River, between the Santee and Ponca reservations, provision to enable the Secretary of the Interior to organize a Nebr., supplying the same with new ice breaks, but using the ironwork corporation Jjy which the Crows shall engage in the cattle busi of the old combination bridge, the sum of $12,000, or so much thereof ness? as may be necessary, the work to be done under the direction and super Mr. SHERMAN. We have not any such provision in this vision of the War Department." bill. Mr. SHER1\IA.N. Mr. Chairman, I reserve the point of order Mr. FITZGERALD. The Secretary of the Interior recom against that provision. mends it very forcibly, and I have been trying to locate it and Mr. HINSHAW. Mr. Chairman, this bridge was built by can not do so. the Government, so that I do not believe the point of order lies. Mr. SHERMAN. ·It is not in the bill. This came with a recommendation from the Secretary of the Mr. FITZGERALD. It is not in the bill? Interior after this bill was reported. The peopl_e at that _agency Mr. SHERMAN. No. Mr. Chairman, I will incorporate in wanted a new bridge built across the Niobrara, between the the RECORD the letter of the Secretary of the Interior transmit Santee and Ponca reservations, at an expense of $21,000 to ting this item, and have it read, if the gentleman from Illinois $55,000. The Secretary of the Interior disapproved fi!.at, but [l\lr. MANN] desires. does approve of the expenditure of $12,000 for the purpose of l\Ir. M.A.l~N. Let us have it read. rewooding and repiling the present old bridge, which has be Mr. SHERMAN. I will ask the Clerk to read this letter. come practically useless, and submitted the estimate in the fol lowing letter : The CHAIRMAN. The Clerk will read the letter referred to DEPARTMENT OF THE INTERIOR, by the gentleman from New York [Mr. SHERMAN]. OFFICE OF INDIAN AFFAIRS, The Clerk read as follows: Washington, January so, 1!JOS. DEPA.RTllrENT OF THE INTERIOR, Hon. J. T. BOYD, Washington, December 20, 19(17. House of Representatives, WC18hington, D. 0. SIR: The act of April 23, 1904 (33 Stat. L., 302), provides for the SIR: Referring to several letters received from Superintendent Meag survey and allotment of lands embraced within the limits of the Flat ley of the Santee Agency, Nebr., in relation to the building of a head Indian Reservation, in the State of Montana, and the sale and bridge across the Niobrara River, between the Santee and Ponca res disposal of all surplus lands after allotment. ervations, and to your letter of the 21st instant on the same subject, '£he reservation is situated in a semiarid region, so that irrigation I have to say, after careful consideration of this matter, that I do not Is essential to successful farming. 'l'he Indian Office has made several look with favor on the expenditm·e · of from $21,000 to $55,000 for a investigations to ascertain the cost of constructing irrigation works on new bridge on the plans submitted by Superintendent Meagley. How the reservation for the benefit of the Indians, but no definite plans for ever, besides the project of a new bl"idge he submits an estimate for the irrigation of the entire irrigable area have ever been made. "rewooding and repiling of the present old bridge with new ice breaks, During the last summet· the Director of the Reclamation Service, but using the ironwork of the old combination bridge, between $11,000 under my informal authority, made a hasty reconnoissance of the res and $12,000," which, it seems to me, would meet the requit·ements, and ervation, but the funds available were insufficient to make a thorough I inclose herewith, for your personal use, draft of legislation which investigation. would be sufficient, I think, if enacted. As the allotments are ne:uly completed and the surplus lands will be Very respectfully, c. F. r~A.RRABEE, opened in the near future, the preliminary surveys and estimates for an Acting Commissioner. adequate system of irrigation should be made and the work begun at the earliest possible date. I therefore have caused to be prepared the This letter, as will be observed, is addressed to my colleague accompanying draft of an item appropriating $50,000 for the prelim [Mr. Bo1.'n] the Representative of that particular district in this inary surveys. plans, and estimates of irrigation systems to irrigate the lands of the reservation and to begin the construction of the same, House. In reference to the point of order, if the gentleman the entire cost of the work to be reimbursed n·om the proceeds of the insists upon it, which I hope he. will not, I think, this bridge sale of the lands. having been built by the United States and having been con I recommend that it receive the favorable consideration of the Congress. structed by authority of law, that the rebuilding or remodeling Very respectfully, JAMES RUDO~H GARFIELD, of the same bridge would not be subject to the point of order Sec1·etary. that it is contrary to law. In any event, I hope the gentleman The SPEAKER OF THE HOUSE OF REPRESENTATIVES. will not insist on it. I would like the gentleman from that dis The CHAIRMAN.· Does the gentleman from Illinois [Mr. trict in Nebraska, who is more familiar with it than I am, to be MANN] insist on his point of order? heard in reference to this matter. .Mr. MANN. Mr. Chairman, I think I will have to insist on 1\fr. BOYD. Mr. Chairman, this appropriation asked for by the point of order. · the Commissioner of Indian .Affairs is for the purpose of re The CHAIRMAN. The gentleman will state the point of wooding and repiling the bridge which was built by the Gov order. ernment some years ago connecting the Ponca and Santee reser Mr. MANN. I make the point of order commencing with vations. The agent first asked that the Government build a line 15, page 24, with the words " the purchaser," to the end of new bridge, but this proposition did not meet with the approval the paragraph. of the Commissioner of Indian .Affairs. He has, however, rec Mr. SHERMAN. I concede the point of order is well taken, ommended the appropriation asked for in this amendment for Mr. Chairman. the purpose of rewooding and repiling the present bridge ; and The CHAIRMAN. The point of order is sustained. it does seem to me that this is a continuation of a present Gov Mr. FITZGERALD. 1\Ir. Chairman, before we pass from ernment undertaking, and is not subject to a point of order. that, I wish to call the attention of the chairman of the com This bridge is on Indian lands; lands that pay no tax for the mittee to the fact that as this item is now, it provides for maintenance of county government. The bridge is about 900 preparation of plans and construction of irrigation ditches in feet in length, and is the only means of crossing the river that the unallotted surplus lands, yet there is no provision that tb.e the Ponca Indians have. ! ·trust that the House will acquiesce ·purchaser of the surplus lands shall pay for the cost of irriga in the amendment. tion. Mr. SHERJ\IA.N. I withdraw the point of order. Mr. SHER~fAN. This is foJ.f preliminary surveys of allotted The CHAIRMAN. The question is on agreeing to the amend- lands of the Indians and unallotted irrigable lands to be dis ment. posed of. The question was taken, and the amendment was agreed to. Mr. FITZGERALD. Out of the bill has gone the provision The Clerk read as follows : which will require the purchaser of the unallotted lands to pay For support and civilization of the Indians of the Western Shoshone the cost of irrigation. Agency, Nev., including pay of employees, $8,000. Mr. MANN. Well, of course there will have to be legislation 1\fr. HACKNEY. Mr. Chairman, I desire to offer an amend before these lands are--sold. ment. ·Mr. SHERMAN. This is for the preliminary surveys, and The Clerk read as follows: the lands will have to be disposed of by legislation which will On page 28, after line 10, insert the following: ·hereafter. be provided, and in this case it will provide that the ' u CARSO~ SCHOOL. cost 'shall be· reimbursed to the Treasury. " For support and education of 300 Indian pupils at Carson City, Mr. MANN. There is no loss to the Government, and there Nev., and for the pay of superintendent, $51,900 ; " For ~eneral repairs and improvements, $5,000 ; will have to be legislation before the land is sold. " In all, $56,900." Mr. SHERMAN. No question about that~ Mr. HACKNEY. Mr. Chairman, I will state to the committee The ·clerk ·read as follows: · that this is one of the schools that were stricken from the roll, For interest on $78,340.41, at 5 per cent per annum, to be expended under the direction of the Secretary of the Interior for the erection of which hav~ been described by the chairman of the committee, houses, improvement of their allotments of land, pur<:hase of stock, and we feel now that this ought to be restored along with the agricultural implements, seeds, and other beneficial objects, $3,917.02. . other schools. In the amendment I have included the estimates Mr. IDNSHAW. Mr. Chairman, I offer the following amend made by the Secretary with one exception. I have eliminated ment, or paragraph, to follow line 4, page 28. the lighting system. He estimated $1,500 for that purpose, and 1786 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 10, we thought that it would not be necessary to make an installment M.r• . CRAWFORD. Do you give ali -that was estimated for of a new lighting system, but simply to appropriate for the gen this year? eral repairs and the support of the school. I hope the amend Mr. SHERMAN. Yes; this is what has been estimated for. ment will be adopted. Mr. CRAWFORD. I have been hoping that some provision Mr. STEPHENS of Texas. Mr. Chairman, I hope this would be made for a partition of the lands of these Indians. amendment will· be adopted, this being the last of the three It has been recommended by the superintendent, and they have schools that were stricken from the bill. I have always op lands there that are absolutely worthless and unprofitable, as posed, and do not change my opposition now, to the keeping up it is used. of these nonreservation schools; l:!ut inasmuch as we ·have in If it were now divided among them there would be 50 acres this bill a provision that the Secretary of the Interior shall per capita, and a fund has been recovered from the United determine, where situated, etc., which can be dispensed with, States in a recent suit which gi1es them $400 per capita. I and that will enable him to dispose of these schools to the States think it would be a suitable time to divide these lands among in which they are situated, I am willing to withdraw my objec them. tion to the nonreservation schools-at present and to permit all Mr. SHERMAN. It goes without saying that if the gentle three of these to be put back in the bill. The Carson school man from North Carolina will introduce a bill to that effect has as much merit as either one of the others. the committee will give it consideration. Of course it would The amendment was agreed to. not be appropriate to put such an item in this bill. The Clerk read as follows : Mr. CRAWFORD. I understand. I merely want to inquire That the Secretary of the Interior be, and he is hereby, autho-rized whether it is the purpose of. the Government to make citizens and directed to pay to the board of county commissioners of Ormsby of them. County, Nev., for damages to the public road caused by the breaking of Mr SHERMAN. It is the policy of the Government to make the dam belonging to the Indian school at Carson City, Nev., the sum of $70 from an unexpended balance of the appropriation " Indian citizens of all Indians. school, Carson City, Nev., 1907," not required for other purposes. · Mr. CRAWFORD. These Indians are now civilized, they l'rfr. MANN. Mr. Chair~an, I make a point of order on the speak the English language in the main, they have churches last paragraph. and cemeteries, and they are amenable to the laws of the State. Mr. SHERMAN. Will the gentleman reserve the point of' Mr. STEPHENS of Texas. What tribe is it? Mr. CRAWFORD. The Cherokees. Known as the "Eastern order? Cherokees." Mr. MANN. I will reserve the point of order. .1\Ir. SHERMAN. I will ask the Clerk to read a letter from Mr. 1\fANN. How many of them are there? the Secretary o:f the Interior, transmitting the item. 1\fr. CRA. WFORD. Fifteen hundred. They have a reserva The Clerk read as follows : tion and schools, and I think it would be a good idea in the future to divide the lands among them and let them have the DEP.ABTMENT OF THE INTERIOR, Washington, Janua1·y 15, 1.908. responsibility of citizenship. THE CHAIRMAN COMMITTEE OF INDIAN AFFAIRS, Mr. CAMPBELL. How many acres of land have they? House of Representatives. Mr. CRAWFORD. Sixty-three thousand acr.es. SIR : I have the honor to inclose herewith, for insertion in the Mr. IDNSH.A.W. Do any of them exercise the right of Indian appropriation bill for 1900, an item covering payment to the voting? board ot county commissioners of Ormsby County, State of Nevada, of $70 for damages to the public road caused by the breaking, of the - Mr. CRAWFORD. Yes; and have for years. dam belonging to the Carson City Indian Industrial School, Nevada, Mr. SHERMAN. How do they have the right to vote? They and respectfully recommend that it be so inserted. The superintendent of the school has called attention to the local are 110t allotted Indians. conditions. He says that the damage could be neither foreseen nor Mr CRAWFORD. They have been left there and have been prevented, and declares that the amount of repair work done by the absorbed, so to speak; they hat'e been voting for twenty years. county was such as to make the account presented an exceedingly reasonable one for the materials and labor used to rebuild the road. Mr. SHERMAN. I am glad to know that you allow some- His recommendation is therefore submitted for your favorable con body to vote down there. [Laughter.] . sideration. Mr. CR.A. WFORD. There has been too mnch voting, and we Very respectfully, JAMES RUDOLPH G.AJU.'IELD, Secretary. have been eliminating. Under an amendment to the constitu tion of 1900 these Indians were disfranchised; prior to that, Mr. 1\IANN. I see no reason why, because a road is damaged however, a decision of the Supreme Court, in which they were somewhere' by an institution supported out of the General held to be the wards of the nation, disfranchised them. Since Treasury, that that particular land should pay for the damage. the amendment to the constitution they have not been entitled If it had been a private individual he would not have been to vote, except such as can read and write. expected to pay: the damage. I insist on the point of order. Mr. HINSHAW. Do they. pay taxes·l This is a claim against the Government, if it is anything. 1\!r. CRA. WFORD. No; they do not. The CHAIRMAN. Does the gentleman from New York wish Mr. CAMPBELL. That land is not now taxed? to be heard? 1\Ir. CRAWFORD. No. I want to say that the Indians, in l\h. SHERMAN. I do not. my judgment, ought to be put on their own responsibility. They The CHAIRMA.l~. The Chair sustains the point of order. go to the Carlisle and Hampton schools and elsewhere and The Clerk will read. then come back and are not much improved; they are lost The Clerk read as follows: among their people. I think we ought to encourage them to NORTH CAROLINA. work aRd establish homes. My obsert'ation is that those who CHEROKEE SCHOOL. have gone to Carlisle and other colleges come back, and we For support and education of 160 pupils at the Indian school at have more trouble with them in the courts than with those who Cherokee, N. C., a.nd for pay of superintendent, $28,220; For general repairs and improvements, $500 ; remain and are educated at the home school. That is the result In all, $28,720. of it; they do not obey the la , as a rule. I have often de fended them in the courts. Tliey ought to be obliged to work Mr. CRAWFORD. I move to strike out the last word. I and put upon their own resources, and then they would become will ask the chairman of the committee how it is that that good citizens. I am sure many would. appropriation has been reduced from $44,000 to $28,000 for the They are in need of these lands, and they need the money to Cherokee training school? improve the lands. Not long since the Government consented to Mr. 1\IAJI..TN. It was $28,320 last year. a sale of about thirty-odd thousand acres of their la:nds, and Mr. CRAWFORD. It was $44,800, I think, last year. The they got the money for it, $250,000, which is held and con estimates show that amount. trolled under the supervision of the Government. · They want Mr. :MANN. No; $28,320. the money and they want the $GOO,OOO that is held for adjust Mr. CRAWFORD. Is it the same as it was last year? ment of claims. I would like for this committee to inaugurate 1\fr. 1\ Mr. CR.A. WFORD. It is forest ruid timber land. Without objection, the pro forma amendment will be with Mr. MANN. They keep it-for hunting? drawn and the Clerk will read. Mr. ORAWFORD. No; the hunting is not worth anything. The Clerk read as follows: The Government has consented to the sale of some of it. For support and education of 100 Indian pupils at the Indian Thirty-odd thousand acres were sold last year for $245,000, school, Bismarck, N. Dak., and for pay of superintendent, $18,200; For .general repairs and improvements, $2,000; which has been held by the Government for their use, an in In all, $20,200. definite kind of use. So long as there is any money in sight, so long as they ha-ve the hope of getting money, they will not do Mr. FITZGERALD. I desire to re8erve the point of order to anything. this provision. Is this a new school? Mr. CAMPBELL. Would the gentleman be in favor of dis Mr. SHERMAN. Yes. charging them as wards? Mr. FITZGERALD. Is it a nonreservation school? 1\Ir. CRAWFORD. Yes; that is just what I want to do. Mr. SHERMAN. Yes. Mr. HI~SiiA W. Has the gentleman introduced any bill to Mr. FITZGERALD. Is the gentleman going to recommend allot the lands in severalty? that we provide another nonreservation school? Mr. ORA. WFORD. No. Mr. SHERMAN. It has been provided for, and we are sim .Mr. HINSHAW. Has anybody ·else introduced any such ply appropriating for its maintenance this year, for the educa bill? tion of children there. The school is there. Mr. ORAWFORD. No; it has been recommended by the Mr. FITZGERALD. And no children in it? superintendent of schools in his report to . the Commissioner Mr. SHERM.A.. N. No; it is ju.st completed. of Indian Affairs. ·Mr. FITZGERALD. Will they need any children in view Mr. HINSHAW. Does the gentleman think that the Indians of the fact that the Commissioner thinks that half· a dozen would take care of themselves and become good citizens if others should be abandoned? they had the lands allotted and the money divided? Mr. SHERl\IAN. I think there will be no trouble in filling Mr. ORAWFORD. I think so; many of them would. the school with 100 pupils. .1\fr. HINSHAW. They have sufficient civilization? Mr. FITZGERALD. There is no trouble in filling any school 1\Ir. CRAWFORD. Yes. that will be built, even if one was built in every State "in the Mr. CARTER. Are they full-blood Indians or mixed? Union. There might be some trouble, but they would find the Mr. ORAWFORD. Full blood and mixed. 1\.Iost are full pupils. Does the gentleman think that we should start in now blood. with this as a new school in view of the fact that we have Mr. SHERMAN. Let me call the attention of the gentleman already adopted a provision looking toward discontinuing the to the allotment act: schools that have been in existence for some time? Will this n'ot only add another difficulty to the abandonment .of these That In all cases where any tribe or band of Indians has been or shall hereafter be located upon any reservation created for their use, nonreser-vation schools? · - either by treaty, stipulation, or by virtue of act of Congress or Execu Mr. SHERMAN. Well, but the school is there. We have tive order, setting apart the same for their use, the President of made the mistake, if mistake it be, of providing for a school the United States be, and he is hereby, authorized, wherever in his opinion any reservation, or any part thereof, of such Indians is ad· there, buying a plant, erecting buildings, making provision for vantageous for agricultural or grazing purposes, to cause such reserva the education and maintenance of a limited number of pupils tion, or any part thereof, to be surveyed or resurveyed if necessary, there. Now, the plant is there. The question is, Shall we util and to allot to each Indian located thereon one-eighth of a section of land. ize what we have expended our money for? Mr. MANN. The plant is _there, but the school is not there. Why is not that broad enough to cover the gentleman's 1\Ir. SHERMAN. The plant is there, but no pupils have ever Indians. Why is riot the better course under that provision for been educated there; it is .a new plant. the gentleman to pursue, to call upon the administrative officers Mr. MANN. Does the gentleman believe, in view of the rec of the GoYernment to examine into this question and see if ommendation of the Commissioner, it is advisable to open a these lands ought not to be allotted? new Government reservation school for the purpose of turning Mr. ORAWFORD. I do not think this is a reservation in it over to the State or somebody else? that sense. Mr. SHERMAN. I should think it would be better to use the Mr. 1\IA.i~. Is · this agricultural or forest land? plants we have until we dispose of them. 1\Ir. CAMPBELL. Forest. ·. 1\Ir. MANN. The Commissioner says it is not advisable to Mr. SHERMAN. Is it all forest land? use the other plants we have if we can get rid of them. Mr. ORAWFORD. Yes; a large percentage is forest land. Mr. SHERMAN. Of course, the Commissioner says so~ and It is valuable on account of the timber. This is'not a reserva I am fond of the Commissioner; he is a fine man, and I called tion in the sense that the law designates, in that it was pur his attention to this inconsistent proposition that came to the chased by money belonging to these Indians out of a fund that committee from the Department. He sends to us through the had accumulated in the Treasury of the United States after Treasury Department and through the head of his own Depart the treaty of 1835 and subsequent treaties, and the Government ment, the Secretary of the Interior, estimates that all of these used that money and bought the lands known as the "Qualla· schools be continued, and then he sent to us a report in which Reservation," and located them on the reservation. Prior to 1895 he most vehemently inveighs against their continuance. they lived promiscuously through this section, but the Govern Mr. MANN. And then he winds up by saying, if the gentle ment purchased all the lands of the white people inside this man will pardon me, that there are certain difficulties in doing particular boundary, and paid for them, and moved the whites away with all of these schools (page 29 of his report)- out of this reservation, some 75,000 acres-100,000 acres at that BecausE.> the Government has built up-a system which changed condi time. tions have rendered no longer effective or good, there is no reason why Mr. STEPHENS of Texas. Will the gentleman ·permit me it should continue pouring out its money in the · same interest when it to suggest that, in my judgment, the best plan for hi,m. is to can put this money to better use elsewhere. This is poor economy, and formulate a bill cover:i,ng the condition of the Indians and worse progress. allotting the lands among them, and providing that if one Now, why, in the face of that, did we open a new school? Indian gets· a valuable piece of land and another gets a piece · Mr. SHERM.A...~. The school was estimated for. I presume of land that is not so valuable, then that the distinction be the estimates originated in the Indian Bureau ; they certainly made, as we ha-ve done in a great many instances in the passed through the hands of the Secretary of the Interior and West, that the one receiving the land which is less valu3.ble the Secretary of the Treasury and reached us, and that is why shall receive more· acreage. I think that a bill along that line the item is in the bill. · is proper. Mr. M.A.l~. Oh, I understand while the distinguished gen- Mr. CRAWFORD. The gentleman means a partition pro- tleman from South Dakota-- · ceeding? _ -1\Ir. SHERMAN. North Dakota. Mr. STEPHENS of Texas. No; let Congress do ·it by act. Mr. MANN. The distinguished gentleman from South Da The gentleman will find several acts, especially in Oklahoma kota was a member of the Committee on Indian Affairs, there and Indian Territory, of a similar nature. were se-veral items put into the bill for the benefit of the Da Mr. ORAWFORD. I wanted to ascertain whether there is kotas which might have well been left out, but is that a reason to be any definite policy on the part of the Government in re why, when the Commissioner of Indian Affairs reports against gard to the future of these Indians. these things, we ought to proceed further with the iniquity, as Mr. STEPHENS of Texas. I can suggest to the gentleman he would call it. that iri the Creek lands in Indian Territory he will find legis Mr. SHER1\:1AN. Well, I do not characterize it by· such a lation along that line. term as that; I do not consider it an iniquity. I do think that The CHAIRMAN. The time of the gentleman has expired. the creation of several of these schools was ill-advised. ·I have ·-~ . -·-- -- ., ~· ~- ~ -- -- .l 1788 1 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 10, believed tor some years that we ought not to extend this sys It will pay the Government to let it stand there idle until after tem of nonreservation schools, and I have opposed the creation an investigation it may be determined what can be done with it. of new school plants, sometimes successfully, -and, as I recollect I believe it would be a great benefit to the Government if by it, sometimes unsuccessfully, and I think this is one of the in any means the State of North Dakota would agree to accept stances in which I was not successful in my opposition. I have the entire plant for nothing and use it for public school pur felt for some little time that we had all the nonreservation poses. We would be relieved of an institution that will be schools needed, even for a continuance of that system, and useless to us, and the money that will be spent there can well therefore I have opposed the creation of new schools, but this be spent to better advantage elsewhere. one is here-- 1\fr. GRONNA. I hope this amendment will not prevail. 1\fr. GRONNA. As I understand it, the Commissioner has This school has- been built. The buildings are there, and they not recommended against this particular item, has he? haye a sufficient number of pupils to attend school. I can see Mr. SHER.l\f.A.N. Oh, he has not recommended against any no reason why an appropriation should not be made for this particular item, except in the hearing before the committee he school as well as the other schools in the Stu te. did specifically state four or five schools could be readily dis 1\.t:r. MADplDN. Do I understand tile gentleman to say that pensed with. he hopes the House will anow authority for the construction of Mr. GRONNA. I also find in the report that the Wahpeton the school? School last year had $35,300, and this year $20,200, so that by Mr. GR01\TNA. It has already been constructed. allowing this $20,000 for this school the appropriation will not Mr. l\lADDEN. I understood the gentleman to say it had be any larger for the State than it was last year. not. Mr. 1\.f.ANN. The gentleman is in error about the amount Mr. GRONNA. This is for the maintenance. allowed for the support of the school last year. For Wahpeton Mr. HINSH.AW. How close to Bismarck is this proposed the amount allowed for the support of the school last year was school? • $18,300, not $30,000. 1\Ir. GRONNA. I do not know exactly. About a mile; it is Mr. GRONNA. I mean it was $18,000 for maintenance, very close to Bismarck. $2,000 for gene1·al repairs, and $15,000 for specific purposes. Mr. HINSHAW. And how close to the school is the Indian Mr. MANN. That is what it was last year. The extra reservation? amount was for a specific purpose last year. · Mr. GRONNA. Not very far from there. I understand a The OHAIR.l\IAN. The time of the gentleman has expired. few Indians.are living on the Fort Abraham Lincoln Reserva I Mr. FITZGERALD. In view of the statement made, I move tion, and at Cannon Ball a large number of Indians have their to strike out the paragraph, commencing line 18 down to and homes. including line 24, page 32. Mr. HINSHAW. And that is not far from Bismarck? The CHAIR.l\f.A.N. The Clerk will report the amendment. Mr. GRONN.A. No; and a large number from the Standing The Clerk read as follows : Rock Agency will attend this school. Page 32, strike out all of lines 18 to 24, both included. lli. HINSHAW. And will that afford a hundred pupils? Mr. FITZGERALD. Mr. Chairman, it seems to me, from the Mr. GRONNA. From the best authority that I lh'lve; yes. statement of the chairman of the Committee on Indian Affairs, Mr. HINSHAW. Where are the Indians on the reservaton that the Secretary.. of the Interior and the Commissioner of In now being educated-the young Indians? dian Affairs have given an illustration of how not to conduct a Mr. GRONNA. Nowhere, that I know of, except at the great Department of the Government. The gentleman from reservation schools. New York [!tfr. SHERMAN} states that in the regular estimates Mr. MADDEN. This is not on the reservation? submitted to Congress estimates were submitted for all the non 1\fr. GRONNA. No; but it is not a great distance from the reservation schools, The report of the Commissioner of In reservation. dian Affairs recommends that most of them be abandoned. The Mr. 1tf.A.DDEN. They have some schools on the reservation Secretary of the Interior, in his report which I have, says. that will do what is required to be done, have they not? speaking of Indian schools, that- Mr. . GRONNA. No; not what is required to be done. Mr. 1\I.ADDEN. Why not have another school on the reserva The educational work among the Indians demands most earnest con tion? 1: sideration by Congress. The Commissioner has shown clearly his rea I sons for recommending the discontinuance of almost all the nonreserva Mr. GRONNA. It has been deemed expedient and for the I tion schools. The experiment •)f placing Indian children in schools far best interests of the Indians to have this school at Bismarck. removed from their natural surroundings has not been a success. The amount of money spent in such schools would be of very much greater 1\fr. MADDEN. Is it intended to teach them the higher permanent advantage if expended on the reservation for the purpos.e of branches of education in this school, the same as in a high teaching the boys and girls how to do things which they naturally will school? bave to do as men and women. Mr. GRONNA. This institution will be like all other non Yet, in spite of the fact that the Commissioner has demon reservation schools. It will afford the same opportunity to tlle strated to the satisfaction of the head of the Department of the students. Every facility is there for the education of 100 Interior that practically all of the nonreservation schools, some pupils. twenty-seven in number, be abandoned, yet they are asking Mr. 1\IADDEN. Well, you mean, really, that the scholars are $22,000 to start a school at a plant in which pupils never yet to be educated outside of the reservation? have been instructed. The movement was initiated by the Com Mr. GRONNA. Yes. missioner of Indian Affairs to commence the discontinuance of 1\fr. MADDEN. Well, I thought it was the policy of the In these nonreservation schools. They must be discontinued some dian Office to abolish all the nonreservation schools as rapidly day, and yet Representatives from every State in which these as they could be abolished. It nonreservation schools are located immediately protest against Mr. GRONNA. Well, I do not know as to that. the commencement of the policy. Within the past six years to Mr. MADDEN, Is not that recommended by the C Mr. SHERMAN. That was what I said, substantially, educated class ·of Indians. I could show the gentleman letters :Mr. GRONNA.. But this does not include the construction from some of these Indians that would surprise him. of the building. Mr. MADDEN. What becomes of them after they become Mr. SHERMAN. Oh, certainly not. educated? Mr. GRONNA. It is simply for maintenance. Mr. GRONNA. There are many of these Indians who go to Mr. SHERl\IAN. I thought I had made that very clear. farming. They are farming on the Devils Lake Indian Reser The buildings are there; every facility is there for the accom vation, a few are on the Fort Abraham Lincoln Reservation, modation and education of a hundred pupils. and on many other reservations in the State, and they are good Mr. Sl\IITH of Arizona. How far is the schoolhouse from farmers at that. the reser-vation? Mr. MADDEN. Does the gentleman think we are justified Mr. MADDEN. But there is $18,000 for maintenance and in establishing boarding schools and paying $167 per annum $2,000 for repairs. for each pupil when we can educate them in all the branches Mr. SHERMAN. We always provide a small general fund that will make them as intellectual as they are required to be from which little additions can be made, such as a board side for farming purposes or for other purposes on the reser-vation walk or any little repairs necessary. as we can in the boarding schools? Mr. MANN. Do I understand the urgent deficiency bill, Mr. MARSH..<\.LL. 1\Ir. Chairman,. this question of whether which has just come over from the Senate conferees, makes the Government should feed and clothe and house and educate an appropriation to deepen the well for water at that place? these Indin.ns does not enter into the question as to whether Mr. SHERMAN. Well, I did not know that was in the de- the schools should be reservation or nonreservation schools. ficiency bill. . It has no bearing on the amendment. There are many schools Mr. 1\IARSHALL. Mr. Chairman, perhaps I will be per just exactly like this one, reservation and nonreservation, mitted to say a word in connection with this amendment, in where Indians are fed and clothed and housed and cared for in view of the fact that I am on the committee and of the fact every way, and justTy so, as the chairman of this committee that I was somewhat instrumental in having this school estab has so well said. lished. The school is a new one. It is true that the chairman of .Mr • .MADDEN. Let me ask you this question, then: Are the committee opposed its establishment, but the school is there any such schools on the reservation that are within there, and properly so, and it ought not to be put in the class 2 or 3 miles of this proposed school? of what are termed nonreservation schools, because it is sur Mr. MARSHALL. There are no such schools on the reserva rounded by Indian reservations, all of them very close at hand, tion that are nearest to this particular school, but there are and there is no question but what this school will be over many such schools on reservations in the United States and flowing with voluntary pupils and that it will be far better some on reservations in our State, some of which I have visited. for their education than sending them three, four, or fi-ve hun [The time of Mr. 1\IA.RsH.ALL having expired, by unanimous dred or a thousand miles away to strange surroundings. They consent it was extended five minutes.] are practically in sight of their homes and where their relatives 1\Ir. MARSHALL. There is some logic in the arguments can reach them and they can visit their homes. of those who oppose the nonreservation schools. I am not Mr. SMITH of Arizona. Are there any schools on the re altogether in sympathy with the maintenance of a certain servations? Mr. MARSHALL. There are day schools on each one of the class of nonreservation schools, where the· Indians are taken reeervations. - entirely away from their environment into another c.ljmate Mr. STAFF6RD. What superior advantages has this non and conditions that are wholly strange to them~ But here is reservation school over the reservation schools for educating a school surrounded by reservations near at hand. In taking an Indian to Bismarck, he is, to all intents and purposes, at the Indians? home amid familiar scenes. His relatives and friends can visit Mr. MARSHALL. The same advantage over a day school him, and he can occasionally return home, for that matter, and that a high school would have over an ordinary district schooL it would be an ou~ageous thing to refuse to maintain a school l\fr. STAFFORD. Is it intended to make this a technical as well located as this, the Government having just expended ;md higher education school, rather than an ordinary grade a hundred thousand dollars or more. on any such argument school? as would apply against the ordinary nonreservation schools. Mr. MARSHALL. This school will, of course, teach among Along with its other advantages of location is coupled the other things the higher branches. In addition the pupils leant important fact that Bismarck is the capital of our State, and the white man's ways of living and are taught the domestic arts. the young men and omen haye before them constantly the Mr. MADDEN. It costs $167 on nonreservation ·schools and object' lesson in government-by no means a small factor. $50 on reservation schools, does it not? There are few schools more wisely located than the Bismarck Mr. MARSHALL. That depe.ilds whether it is a day school or school, and it is the plain duty of Congress to support it well. boarding schooL I therefore hope, Mr. Chairman, that this amendment will be .Mr. SHERMAN. Oh, certainly not. They all receive the voted down. same in the reservation schools as the nonreservation schools; The CHAiRMAN~ The question is on the amendment offered but this is a boarding school, and the gentleman understands by the gP..ntleman from New York. that it costs more than $50 at a boarding school. The amendment was rejected. Mr. :MADDE1~. Oh, certainly, to board the pupil. Mr, DOUGLAS. 1\Ir. Chairman, I rise to ask unanimous con Mr. SHERMAN. And this is a boarding school. sent of the House to take a very few moments to speak of a Mr. MADDEN. How much does it cost per annum? matter which is personal to myself and I think somewhat in Mr. SHERMAN. One hundred and sixty-seven dollars is the the nature of a question of personal privilege. limit, and you must understand that the $167 not only clothes The CHAIRMAN. The gentleman from Ohio asks unanimous and feeds and houses and keeps him~ but furnishes the use of consent to address the committee on a question of pet·sonal books and all that sort of thing. privilege. Mr. MADDEN. How much of this $167 does the pupil pay? Mr. MANN. For how long? Mr. SHERMAN. Not any. 1\lr. DOUGLAS. For five minutes.. Mr. MADDEN. Then, why is it that we should not only feed The CHAIRMAN. Is there objection? and clothe him, but house him and furnish him witll books? There was no objection. 1\Ir. SHERMAN. We clothe and feed and educate him and Mr. DOUGLAS. Mr. Chairman, there occurred an incident furnish him with books becau e the Indian was here upon this to-day in this building, but not in this Chamber, which seems to soil before the white man came [applause], and because we call :for a word from me, not only, perhaps, on my own behalf, ha\ e always believed and have always maintained that a moral but on behalf of others. A distinguished gentleman from my obligation existed that we should always do what was neces own State read in the presence of a distinguished body assem sary for the civilizatipn and betterment of the Indians who bled in this building certain letters which had passed between are bTOwing up and for the care and burial of those wh() are myself and a man at Athens, Ohio, whom I had recommended to going out of the world. [Loud applause.] the President for appointment to be postmaster at that place. l\lr. MADDEL~. What is the net result? How the distinguished gentleman came by those letters I do The CHAIRMAN. The gentleman from North Dakota is not know, and therefore I do not characterize it. How he hap entitled to the floor. pened to read this correspondence, which was private so far as 1\Ir. l\IA.RSHALL. I yield to my colleague. I was concerned, I do not know, and so I will not characterize J.!r. MADDEN. I want to ask the gentleman this question. that. But perhaps because he did not have all the letters-! .llr. GRONNA.. I want to say to the gentleman from Illi- trust and believe- that this was so-he failed to read one of nois that the Indians on these particular reservations are an them, which I ask may be read at the Clerk's desk. The per- CONGRESS! ON .AL RECORD- HOUSE. FEBRUARY. 10, son to whom the letter is addressed is the man in Athens of Senate had passed bills of the following titles, in which the con· whom I have spoken. currence of the House of Representatives was requested: The Clerk read as follows : S. 3024. An act to authorize the President of the United States DECE:MBER 10, 1907. to appoint Maj. Gen. Oliver 0. Howard, retired, to be lieuten C. H. BRYSON, Esq., Athens, Ohio: MY DEAR BRYSON: Your letter dated December 7 came to hand yes ant-general United States Army; terday, and I confess that I am a little embarrassed about answering S. 3388. An act to correct the military record of William A. it, for although it is addressed to me, 'it seems something like an in Hinsch; and spired attack upon the President and designed for publication. Really, my dear Bryson, you hardly treated my letter of December 5 S. 627. An act to encourage the holding of an Alaska-Yukon· fairly, and do you not make a mountain of a molehill? Pacific Exposition at the city of Seattle, State of Washington, in 'l'he whole of the paragraph of my letter from which you quote is the year 1909. as follows: "lllr. Loeb said to me that of course .the President bad no disposi ;· INDIAN APPROPRIATION BILL, tion whatever to cL·iticise your views, but that be saw no reason for appointing men entirely out of sympathy with his policies to public The committee resumed its session. office, or something to that effect-" The Clerk read as follows: I then added : For support and civilization of the Apaches, Kiowas, Comanches, "Now, my judgment is that you had better come to Washington to Wichitas, and affiliated bands who have been collected in the reserva see me at once, and let us disabuse the President's mind of any such tions set apart for their use and occupation, $25,000. idea." In other words, I felt sure, knowing the facts, that you were not out 1\Ir. FERRIS. Mr. Chairman, I offer the following amend of sympathy with the President's policies, and I asked you to come here ment. in order that we might disabuse the President's mind of such an im pre sion. The Clerk read as follows : As I said to you in a subsequent letter, I had not seen, nor have I Insert after line 14, page 33: "That section 2 of the act of Congress seen, the newspaper articles and interviews which I understood had approveq June 5, 1906, entitled 'An act to open for settlement 505,000 been called to the notice of the President, so whether you quete them acres of land in the Kiowa, Comanche, and Apache Indian Reservation fully or not I can not say ; at the same time I feel very sure, from what in Oklahoma Territory,' is hereby so modified and amended as to read, I know of the manliness and fairness of the President and what I 'That the money arisin"' from the sale of said lands shall be paid into have seen of his generosity in regard to the opinions of others as to the Treasury of the United States and placed to the credit of said men and measures, it could not have been simply your quoted opinion tribes of Indians, and said deposit shall draw 4 per cent interest per in regard to Taft or FORAKER, or that Taft could not carry Ohio under annum; and the principal and interest shall be expended for the benefit "present complications," or that you favored Senator FORAKER's re ~ir:~£.? Indians in such manner as the Secretary of the Interior may tum to the Senate that alone occasioned the President's action. In regard to the statement that you quote as having been recently "The funds derived from the sale of the land as provided In the act sent by you to the Cincinnati Tribune in regard to the President's of .Tune 28, 1906 (34 Stat. L., 550) shall be deposited a.hd expended in policies, it is possible that this bad not come to the attention of the the same manner." President, and it was this and other matters that I desired to call to his attention if you had come and given me the opportunity. Mr. SHERMAN. Mr. Chairman, I raise the point of or 1908. CONGRESSIONAL RECORD---:-HOUSE. li79l iJ:D. the act ·of l.Iar.ch 20, 1906, in so far as t!Acll relates Ito -file dis.J){) Indians in .such nu1n:n:er as the Secretary of the Interior may deem for sttio.n, by the Secretary o:r the Interior of the proceeds from the their best interests, which r·ecommendation meets the approval of the sale of tJ;.e lands. For the peT1od ended :rune 30, 1007, ·there .has Comm'issioner on Indian .Ail'airs. If the two acts 1·eferred to ll.!'e so been recewed from the sale of the lands under the acts of lune 5 amended they will confor-m with the ·act of March 20, 1'906. and 28., 1906, the sum of $846,397.93, but no Teceipts under :the act ?f Mareh 20~ 1906, trom ~ sale of the town J.ots, had been deposited I may sa,y that relates to their town-lots sale, and ther-e b no m the Treasury. Yon Wlll see that although the lndltms .now llav.e money ill tlla t fnnd at ail- a large sum in the T!'easury -to their credit, it can not be used until In .so far a.s that relates to the disposition by the Secretary of the the Cong!-'ess has so directed or the law as it now exists is amended. Intenor of the proc-eeds from the sale of l-anils for the period endin"' There IS attached ihereto .an Hem modifying and amandin"' the acts SO, 1007, 'the of .for .J"une there bas been Teee-ived from sale the.lands under of .June 5 and 28, 1906, whicll is transmitted to the co;}"'ress th~ aets of June 5 :md June 28, 1'906, the sum {)f '$846,397.9:3; bnt no re insertiion in the Indian appropriation biB for 1009. ., eelpts unde! the. ACt of MaTch 20, 1;90.6, from the sale of town lots has Very respectfully, b~n w'ill In J.AM.ES RunoLPR G..rnFIELD, deposited m the TreasJ?.l'Y.- ·you see that although the Secretary. mans now ~ave -a large 'SUm m the ~reasury to their credit, it ean not The P.aESIDEN:r OF .THE .SE 1A'£lll. ~e used until the 'C~ess has so -chrected, or the law as it now exists IS am~mded. There 1S attached hereto an item modifying and amending ITE!\1. -the acts o~ Jun~ 5 and June 28, 1906, whlch is transmitted to the Con That section 2 of tthe act >Ot Congress .appro-ved June 5, 11.006, ·entitled gress for mserti.on in the Indian approp-riation bill for 1908. "An act to open for settlement 505,000 acres of land in the Klowa That is t'he identical ·amendment I sent to the desk. Comanche, an 1792 CONGRESSIONAL RECORD- HOUSE. FEBRUARY 10, 1\Ir. STEPHENS of.Texas. I am very anxious these Indians say as to his suggestion as to taking it over until to-morrow, if should have the relief they are asking for, and I desire to ask he will let me bring those Indian chiefs before him and present if the chairman will not consent to a change of the amendment the matter to him, I think he-will join with me in presenting so we could liniit the amount say to fifty or a hundred thou it to this House much more forcibly than I was able to do. sand dollars and relieve them of their present pressing wants. Mr. SHERMAN. l\fr. Chairman, with a point of order pend [! Mr. SHERMAN. Mr. Chairman, the chairman of the com ing, I move that the committee do now rise. mittee would not feel justified in withdrawing the point of The motion was agreed to. order against an amendment which involves the possibility of The committee accordingly rose; and the Speaker having so great an expenditure. I am willing to do this much, Mr. resumed the chair, Mr. PERKINS, Chairman of the Committee Chairman. I am entirely willing that this matter-it is al of the Whole House on the state of the. Union, reported that most time for the committee to rise-to go over ·until the morn the committee had had under consideration the bill H. R. ing with the point of order pending against it, and in the mean 15219-the Indian appropriation bill-and ha·d come to no reso· time to consult with the members of the Committee on Indian lution thereon. Affairs and see if the majority of them will authorize me to INTERNATIONAL CONGRESS ON HYGIENE AND DEMOGRAPHY. agree upon some amendment to accomplish the end which the gentleman from Oklahoma desires. The SPEAKER laid before the House the following message Mr. FITZGERALD. Before the gentleman does that I de from the President of the United States, which, with the ac~ .sire to call attention to this fact. The original act provided companying papers, was referred to the Committee on Foreign that this money should be expended as Congress direCts. The Affairs and ordered to be printed : Secretary of the Interior simply asks us that a slight amend To the Senate ana House of Representatives: I'! .I transmit herewith a report by the Acting Secretary of State cov ment be passed to take that power away from Congress and ermg a note from the imperial German ambassador by which is com place it in his hands. The Committee on Indian Affairs will municated the acceptance by the International Congress on Hygiene and Demography of the Invitation extended to it in pursuance of the not be able to make any agreement that will permit that to be joint resolution of Congress approved February 26, Hl07, to hold its done on this Indian bill. · I want to call the gentleman's atten next se$slon at the city of Washington in 1910. tion to this fact. I recollect being in Oklahoma and investiga • -- THEODORE ROOSEVELT. ting claims of $450,000 that were held there by traders against THE WHITE HOUSE, February 10, 1908. the Osage Nation, who traded with the nation with the anticipa AMERICAN PASSPORTS IN RUSSIA. tion of the money being collected under certain distributions. Mr. CAPRON. Mr. Speaker, I desire to introduce a priv About half of the claims, as I recollect, were repudiated by Con ileged resolution from the Committee on Foreign Affairs, and gress, and I shall insist that the Committee on Indian Affairs I ask . that the resolution, together with the communication take plenty of time to determine in what manner the three or of the Department of State and the regulation, be printed, and four million dollars to be realized from the sale of their land I desire to give notice that I will call it up to-morrow morning. should be distributed. Mr. MANN. Can we have the resolution reported, Mr. Mr. SHERMAN. Oh, certainly. I agree with the gentleman. Speaker? My thought in suggesting that it go over until to-morrow The SPEAKER. Does the gentleman fTom Rhode Island morning was not to permit the Secretary to have authority to [1 [1\fr. CAPRON] desire to have it printed in the RECORD? disburse this entire fund, running into the millions, but that we Mr. CAPRON. It was the desire · of the committee that it I might reach an agreement by which the Secretary might be be printed in the RECORD. authorized at the present time to distribute perhaps. $50,000 or The SPEAKER. The resolution and the report? $100,000 of it. That was all that I had in mind. Mr. CAPRON. The resolution and the letter from the De Mr. FITZGERALD. There is nothing in- the letter which partment of State. shows any necessity, except a desire of the Department to have The SPEAKER. The report covers the letter .from the De- this control which Congress, when it deliberated upon this partment of State. letter, -refused to give it. Mr. CAPRON. Yes, sir. Mr. MANN. I suggest to the gentleman from New York [Mr. The SPEAKER. Is there objection? SHERMAN] after he consults the members of his committee 1\Ir. MANN. Can we have the title of the reSolution reported, about withdrawing the· point of order, he had better consult so that we can have some idea of what it is? the opinion of the House upon the subject, too. The SPEAKER. The Clerk will read. 1\Ir. SHERMAN. Of course, Mr. Chairman, every Represent The resolution was read, as follows: ative has the same right with every other Representative as to House resolution 223. raising a point of order on any proposition. But I was raising Resolved, That the Secretary of State be, and he hereby is, requested the point of order here as representing the committee rather to communicate to this House, if not incompatible with the public in terests, the correspondence relating to negotiations with the Russian than as an individual, which I would do about any amendment Government concerning American passports since the adoption of the of any consequence on this bill, of course. After that, of resolution by the House of Representatives relating to that subject on course, the gentleman from Illinois [Mr. MANN] or my distin the 21st day of April, 1904 ; and also a copy of the circular letter issued by the Department of State to American citizens advising them that guished colleague from New York [Mr. FITZGERALD] could raise upon the Department receiving satisfactory information that they did a point of order, and, if either of them say now that it will not intend to go to Russian territory or that they had permission from be impossible for us to bring in any modified provision which the Russian Government to return, their application for pa sport would be reconsidered ; and also a copy of the notice accompanying such they· will consent to having incorporated in the bilJ, I will not letter issued by the Department of State, dated May 28, 1907. : ask lmanimous consent to have it go through. The letter and notice are as follows : Mr. MANN. Let me ask the gentleman from New York [Mr. I' DEPARTME~T OF STATE, SHERMAN] if it would not be feasible for the gentleman from Washington, Febntary 8_, 1908. Oklahoma [Mr. FERRIS] to pre'Sent a bill and have it consid The Hon. ADIN B. CAPRON, ered by the committee and reported to the House, covering this Chairman oj the Subcomtnittee, Committee on question? Foreign Affairs, Hottse oj Rep1·esentatives. Mr. SHERMAN. It would be feasible, most certainly; and SIR: I have the honor to acknowledge the receipt of your letter of [t February 5, bringing to this Department's attention a resolution intro let me say in that connection that the Committee on Indian duced in the House of Representatives February 4 by Mr. GOLDFOGLE, of Affairs have had at least two meetings since they reported New York, asking that the Secretary of State be requested to communi their appropriation bill, at which this matter could have been cate, if not incompatible with the public interests, copie of correspond ence with the Russian Government concerning the validity of Ameri ' presented, and they could have passed on the subject and can passports since the adoption by the House of Representatives of instructed the chairman or some other member of the com the resolution of April 21, 1904, on that subject ; also a copy of the mittee to offer a proposition as a committee amendment. circular letter and notice iss-ued by the Department to American citizens who desire to proceed to Russia. Mr. FERRIS. If the gentleman will yield for just one word, In the volume of Foreign Relations of the United States for 1904, I think I suggested the reason for that. page 790, may be found the beginning of the correspondence between this Government and the Russian Government when the resolution of 1\Ir. SHERMAN. Certainly, the gentleman did. April 21, 1904, was submitted to that Government. · 1\fr. FERRIS. And the very object of legislation, I believe, It is not deemed compatible with the best public interests at this time is to reach contingencies and Indian frailties, and it is one of to communicate the subsequent correspondence. I inclose a copy of the printed circular or notice now in u e and those frailties that I do not hold anybody ·responsible for, and which, before the introduction of the resolution, had been substituted neither do the Indians. for the former circular, to which some objections we1·e made. li Mr. SHERMAN But the gentleman's proposition is so a w I have the honor to be, sir, fully broad. It is not simply to permit the Secretary to give to Your obedient servant, ELIHU RooT. l't each of them now $50, but his amendment provides that the RUSSIA. ·Notice to American.. citizens, formerZy subjects of Russia, 1vho conten~ Secretary can distribute all the interest and all of the princi plate t·eturning to that cou11..t1·y . pal. Under Russian law a Russian ·subject who becomes a citizen ot an l\fr. FERRIS. If the gentleman will permit me, I desire to other country without the consent of the Russian Government is deemed 19'08~ CONGRESSIONAL RECORD-HOUSE. ll793 to have committed an offense for which he is liable to arrest and pun REDUCTION OF SKILLED LABOR IN NAVY-YARDS. ishment if he returns without previously obtaining the permission of the Russian Government. 1\fr. FOSS. Mr. Speaker, I desire to submit a privileged This Government dissents from this provision of Russian law, but an American citizen formerly a subject of Russia who returns to that report. country places himself within the jurisdiction of Russian law and can The Clerk read as follows : not expect immunity from its operations. Resol·ved, That the Secretary of the Navy inform the House of Repre No one is admitted to Russia unless his passport has been vis(!ed, or sentatives why a considerable reduction is being made in the skilled indorsed, by a Russian diplomatic or consular representative. labor force employed at the Washington Navy-Yard and at o~her navy • ELIHU ROOT. yards of the country. DEPARTMENT OF STATE, Washington, January 25, 1908. The report (by Mr. Foss) was read, as follows: The Committee on Naval Affairs, to whom was referred the resolu '1'he SPEAKER. Is there objection? [.After a pause.] The tion (H. Res. 227) requesting the Sec~etary of the N_avy to ln!orm the House of Representatives why a considerable reductiOn is berng made Chair hears none. in the skilled-labor force employed at the Washington _and o~her navy yards of the country, having had the same under consideration, report JOINT COMMISSION ON POST-OFFICE. as follows: In line 1, after the word "Navy," insert the words "be requested to." In line 2 strike out all after the word "Representa I\Ir. OVERSTREET. Mr. Speaker, I desire to submit a pre tives." Strike out all of lines 3 and 4 and add the following: "If not incompatible with the public interests, wh~t reduction,_ if any, has been liminary report from the Joint Commission appointed by Con made in the skilled-labor force employed m the Washrngton and other gress in reference to investigating the business methods of the navy-yards and the reason therefor." postal system, with the request that it be printed and referred. When so amended, the committee recommend that the resolution do The SPEAKER. The Clerk will report the title. · pass. The Clerk read as follows: :Mr. FOSS. I call for the adoption of the report, Mr. Speaker. Mr. PAYNE. Does the gentleman make that as a privileged Preliminary report of the .Joint Commission on the business methods of the postal service under act of Congress approved March 2, 1907. report? The SPEAKER. Without objection, the amendments will be Mr. OVERSTREET. This is simply to be printed and re agreed to, and the resolution as amended agreed to. ferred under the rules. Mr. MANN. I raise the point of order upon that proposi Mr. WILLIAMS. Will the gentleman object to its being tion, Mr. Speaker. printed in the RECORD? Mr. WILLIAMS. Too late. 1\fr. OVERSTREET. Oh, this is a very voluminous report. The SPEAKER. The Chair does not understand the gen It submits the report of the expert accountants, and it is pre tleman. sented at this time to make public the investigation had thus Mr. :MANN. I raise the point of order on this resolution, far. that it is evident it is not privileged. The SPEAKER. Does the gentleman desire it to be printed 1\Ir. FOSS. Mr. Speaker, I think it is too late to make the and recommitted? point of order. • Mr. OVERSTREET. Mr. Speaker, it will be printed, under Mr. 'VILIJ!Ai\IS. The point of order is too late. the rulP.s of the House, with a limited number of copies. I have Mr. MANN. I made the point of order as soon as the reso no requ.:-st to make at this time for additional copies. lution was read. • The SPEAKER. The gentleman desires to have it referred to Mr. WILLIAMS. No; the Speaker said that witt.uut ob the Committee on the Post-Office and Post-Roads? jection the amendment would be adopted and the resolution Mr. OVERSTREET. It was submitted for reference and to agreed to, and so declared it. be printed. Mr. DALZELL. The resolution asks for the Secretary's rea Mr. FITZGERALD. How does it come in? It is not privi sons, does it not? leged. Mr. MANN. Yes. l\1r. OVERSTREET. It is for the purpose of giving infor The SPEAKER. The Ohair would state that the resolution mation to the House. It is a preliminary report. was reported as a privileged resolution, and so announced by Mr. FITZGERALD. But the gentleman has no right to the gentleman from Illinois, and it had to be read to find out make that report in that way, unless it is privileged under the what it was. Certain amendments were reported, and then rules, and I have been trying to get the attention of the Chair the Chair stated that, without objection, the amendments would to make that objection. be considered as agreed to, and the resolution as amended The SPEAKER. The gentleman asks unanimous consent to agreed to; but the Chair is of the opinion, under the condi make the report. tions, that the gentleman from Illinois [Mr. MANN] is "i?- time Mr. OVERSTREET. That is what I do. if he desires to make his point of order upon the resol utwn. Mr. WILLIAMS. And have it published as a document? l\lr. MANJ. The resolution is not a privileged rE>solutio;n. Mr. OVERSTREET. I made the request simply for the pur- Very plainly, both the original resolution and the resolution as pose of making it public. amended-- The SPEAKER. And that it be printed and referred to the The SPEAKER. T~e Ohair will hear the gentleman. Committee on the Post-Office and Post-Roads? 1\Ir. 1\I.ANN. The resolution provides that the Secretary of 1\Ir. OVERSTREET. That was the request I made. In the Navy shall give the reasons why he does certain things, order to permit gentlemen to hear me again, I renew it. I ask and that is not privileged. It is not calling for information as unanimous consent to submit a preliminary report from the to facts. The first part of the resolution is privileged ; the ioint Postal Commission on the business methods of the De latter part is not, as I take it. He might write a book under partment, and ask that it be printed and referred. Now, under that request. the rules when such a document is reported, there are a limited The SPEAKER. The Chair will suggest that the matter go number of copies printed-! think about 1,600-o--and if there over until after the reading of the Journal in the morning. should be a demand at a later day for a greater number of The Chair would like to examine the point of order. copies, provision could be made by either a joint resolution or :Mr. FOSS. Mr. Speaker, I have no objection to the matter an o:rder to reprint, but at the present time the only purpose going over, but I do not expect to be here to-morrow morning, • is to have it printed and· referred. and for that r eason I have brought it in this evening. If it is The SPEAKER. Is there objection? [After a pause.] The a privileged resolution, it must be reported withiQ. this time. Chair hears none, and the document is referred to the Com The SPEAKER. The Chair will hear the gentleman on mittee on the Post-Office and Post-Roads and ordered to be the point of order, if the gentleman desires. printed. Mr. WALDO. l\fr. Speaker, I suggest to the gentleman that SEN ATE BILLS REFERRED. he strike out the request for reasons, and make it read that the Under clause· 2, Rule XXIV, Senate bills of the following Secretary be requested to state the facts for such reduction, titles were taken from the Speaker's table and referred to their and he will get what he wants, and it will be privileged. appropriate committees as indicated below: 1\fr. FITZGERALD. This does not ask for an opinion; it asks S. 3024. An act to authorize the President of the United for reasons, and the reasons must be facts. Therefore this is States to appoint Gen. Oliver 0. Howard, retir.ed, to be lieu privileged. It is not what the Secretary may imagine. The tenant-general United States Army-to the Committee on Mili resolution calls for the facts upon which the discharges of these tary Affairs. men were based. S. 3388. An act to correct the military record of William A. Mr. MADDEN. The gentleman from New York is anxious for Hinsch-to the Committee on Military Affairs. some reasons to be given which will enable him to make a S. 627. An act to encourage the holding of an Alaska-Yukon speech, I suppose. Ftl.cific Exposition at the city of Seattle, State of Washington, Mr. FITZGERALD. I doubt his ability to give reasons, but i.n the year 1909-to the Committee on Ways and Means. • he can state the facts. XLII---'--113 1794 CONGRESSIONAL ~ RECORD-· HOUSE. FEBRUARY 10, The SPEAKER. Witholft intimating an opinion as to whether in 'Va cilington, ·n. C.-to the Committee on Ways and 1\leans the point of order is or is c.ot well taken, the Chair would prefer and ordered to be printed. that the matter go ov-er until to-morrow morning. A letter from the Acting Secretary of the Treasury, trans Mr. FOSS. Then, Mr. Speaker, I ask unanimous consent for mitting a copy of a letter fi"om the Secretury of Commerce and the present consideration of the resolution. Labor submitting an estimate of appropriation for completing The SPEAKEn.. Th-e gentleman, pending the point of order, light-house on Staten Island and raising the West Bank asks unanimous consent for the present consideration of the Light-to the Committee on Appropriations and ordered to be resolution. Is there objection? printed. ' Mr. MANN. 1\lr. Speaker, it seems to me very bad practice A. letter from the superintendent of the Washington, Alex · to ask a Department to give the reasons why they do so and so. andria and l\Iount Vernon Railway Company, transmitting the There is a method of communicating with Congress. They can report for the year ended December 31, 1007-to the Committee •~ommunicate the facts; but if we start out asking each officer of on the District of Columbia and ordered to be printed. the Government why he does thus and so, we enter upon a very A. letter from the Acting Secretary of the Treasury, trans bad practice, and therefore I object. mitting a copy of a letter from the Secretary of Commerce and CHURCH CLAIMS IN THE PHILIPPINE ISLANDS. Labor submitting an estimate of reappropriation of certain bal ances to the credit of works in the light-house department Mr. COOPER of Wisconsin. Mr. Speaker, I have filed there to the Committee on Appropriations and ordered to be printed. port of the Committee on Insular Affairs on the bill H. R. 16143, A. letter from the Secretary of the Treasury, submitting are the Catholic Church claim bill for the Philippine Islands; and port as to rents recei-ved from property on square No. 324 in the gentleman from Virginia [Mr. JoNEs], who is not here to Washington, D. C.-to the Committee on Ways and l\Ieans and day, asked me, in his absence, to request five days' leave for the ordered to be printed. minority to file their views. A letter from the assistant clerk of the Court of Claims, trans The SPEAKER. The gentleman asks five days' lea-ve to the mitting a copy of the conclusions of fact ancllaw in the French minority upon the bill referred to to file their views. Is there spoliation cases relating to the sloop James, Robert Palmer, objection? master-to the Committee on Claims and ordered to be printed. There was no objection. A. letter from the assistant clerk of the Court of Claims, trans LEASING OF CERTAIN MINERAL LANDS. mitting a copy of the findings filed by the court in the case of By unanimous consent the Committee on the Public Lands Perry Rennoe, administrator of estate of Reverdy A.. Rennoe, was discharged from the further consideration of the bill (H. R. against The United States-to the Committee on War Claims 39G7) permitting the Secretlry of the Interior to lease certain and ordered to be printed. mineral lands, and the same was referred to the Committee OD the Judiciary. ENROLLED BILLS SIGNED. REPORTS OF COMMITTEES• ON PUBLIC BILLS A.1~D The Speaker announced his signature to enrolled bills of the RESOLUTIONS. following titles : Under clause 2 of Ru1e XUI, S. 4048. A.n act granting an increase of, pension to certain Jllr. SULZER, from the Committee on Patents, to which was soldiers and sailors of the civil war and certain widows of referred the bill of the House (H. R. 15841) to amend section such soldiers and sailors. 4896 of the Revised Statutes, reported the same without amend S. 292V. A.n act to authorize the Idaho and Washington North ment, accompanied by a report (No. 695), which said bill and ern Railroad to construct a bridge across the Pend d'Oreille report were referred to the House Calendar. RiYer, in the State of Washington. COURT OF APPEALS, DISTRICT OF COLUMBIA. REPORTS OF COMMITTEES ON PRIVATE BILLS AND By unanimous consent, the Committee on the Public Lands RESOLUTIONS. was discharged from the further consideration of the bill (H. H.. 16090) relating to jurisdiction on appeals in the court Under clause 2 of Ru1e XIII, private bills and resolutions of appeals of the District of Columbia in cases relating to pub were severally reported from committees, delivered to the Clerk, lic and Indian lands, and for other purposes, and the same and referred to the Committee of the Whole House, as follows: was referred to the Committee on the Judiciary. Mr. BYRD, from the Committee on the Public Lands, to which was referred the bill of the House (H. R.12773) granting ADJOURNMENT. to the city of Woodward, in the State of Oklahoma, lot 2, in Mr. Hll'TSHA.W. l move that the House do now adjourn. block 48, for park and other public purposes, reported the same The motion was agreed to. with amendment. accompanied by a report (No. 693), which Accordingly (at 5 o'clock and 1 minute p. m.) the House said bill and report were referred to the Private Calendar. adjourned. 1\Ir. PARSONS, from the Committee on the Public Lands, to which was referred the bill of the House (H. R. 12803) allow • ing Chandler Bassett to perfect final proof in his homestead EXECUTIVE CO~Il\fUNICA.TIONS, ETC. entry, reported the same without amendment, accompanied by a Under clause 2 of Rule XXIV, the following executive report (No. 694), which said bill and report were referred to communications were taken from the Speaker's table and re the Private Calendar. · ferred as follows : Mr. COOPER of Wisconsin, from the Committee on Insular A. letter from the Acting Secretary of the Treasury, trans Affairs, to which was referred the bill of the House (H. R. mitting a copy of a letter from the Secretary of Commerce and 16143) to provide for payment of the claims of the Roman Labor submitting an estimate of appropriation for construction Catholic Church in the Philippine Islands, reported the same of certain works in the Light-House Establishment and rec with amendments, accompanied by a report (No. 696), which ommending legislation for an increase of limit of cost-to the said bill and report were referred to the Private Calendar. Committees on Appropriations and Interstate and Foreign .Commerce and ordered to ·be printed. CHANGE OF REFERENCE. A letter from the Secretary of War, transmitting a copy of a letter from the Chief of Ordnance recommending legislation Under clause 2 of Rule XXII, committees were discharged in relation to mileage of ordnance officers-to the Committee from the consideration of bills of the following titles, which on Military Affairs and ordered to be printed. were thereupon referred as follows : A letter from the Acting Secretary of the.Treasury, trans A. bill CH. R. 4469) granting a pension to 1\Iary E. Rice-com mitting a copy of a letter from the S~cretary of the Interior mittee on Invalid Pensions discharged, and referred. to the submitting an estimate of appropriation for_ installation of a Committee· on Pensions. card index system for the records of the Pension Bureau-to A. bill (H. R. 16545) granting an honorable discharge to the Committee on Appropriations and ordered to be printed. Thomas G. Le Grand-Committee on In-valid Pensions dis A letter from the Acting Secretary of the Treasury, trans charged, and referred to the Committee on 1\Iilitary Affairs. mit-ting a copy of a letter from the Secretary of Commerce and A bill (H. R. 16546) granting an honorable discharge to Labor submitting an estimate of appropriation for certain George W. Grigsby-Committee on Invalid Pensions discharged, works in the Light-House Establishment nat heretofore au and referred to the Committee on Military Affairs. thorized-to the Committee on Interstate and Foreign Com A bill (H. R. 16547) to remove the charge of desertion and merce and ordered to be printed. correct the military record of William Cameron-Committee on A letter from the Secretary of the Treasury, submitting a Invalid Pensions discharged, and referred to the Committee on repor_t as to rents received from property on square No. 143 lllilitarx Affairs. 1908. CONGRESSIONAL RECORD-HOUSE. 1795 PUBLIC BILLS, RESOLUTIONS, AND UEMORIALS. of Niagara River, for the preservation of Niagara Falls, and . Under clause 3 of Rule XXII, bills, resolutions, and memo for other purposes," approved June 29, 1906-to the Committee nals of the following titles were introduced and severally re on Rivers and Harbors. ferred as fo1lows : By Mr. BARCHFELD: A bill (H. R. 16749) to amend an By Mr. SULZER: A bill (H. R. 16731) to regulate the ptice act entitled "An act to authorize the construction of a bridge of J?ileage tickets on railway transportation companies doing across the Monongahela River, in the State of Pennsylvania, an mterstate commerce business--to the Committee on Inter by the Liberty Bridge Company," approved March 2, 1907-to state and Foreign Commerce. the Committee on Interstate and Foreign Commerce. By 1\fr. COOPER of Texas: A bill (H. R. 16732) to give the . By l\fr DE ARMOND: A bill (H. R. 16750) to prohibit and Court of Claims jurisdiction of claims for captured and to prescribe the punishment for the shipping and carrying in abandoned property which was sold and the proceeds thereof interstate commerce, in certain cases, of intoxicating liquors, placed in the Treasury of the United States--to the Committee as constituting a special class of commodities, and to forbid on War Claims. and prescribe the punishment for the issuing of and the collect By Mr. STERLING: A bill (H. R. 16733) to ·establish a ing or accepting of any tax or fee for any authorization or per laboratory for the study of the criminal, pauper, and defective mit to sell any such liquor in any State or part of a State classes-to the Committee on the Judiciary. wherein the sale thereof is prohibited by the constitution or law Also, a bill (H. R. 16734) to compensate civilian Government of the State, and for other purposes--to the Committee on the employees for personal injury in line of service--to the Com Judiciary. mittee on the Judiciary. By Mr. CHANEY: A bill (H. R. 16751) to aid in the erection B! Mr. SHERMAN: A bill (H. R. 16735) in relation to the of a memorial monumant to Pocahontas at Jamestown, Va.-to affairs and property of the F-ive Civilized Tribes, and so forth the Committee on Appropriations. to the Committee on Indian Affairs. Also, a bill (H. R. 16752) relatirig to a plaster model of an equestrian statue of Gen. John A. Rawlins--to the Committee on B~ Mr. BOWELL of New Jersey: A bill (H. R. 16736) to proVIde for the erection of a public building at Asbury Park, Appropriations. . · N. J.-to the Committee on Public Buildings and Grounds. By Mr. BEALL of Texas: A bill (H. R. 16753) to establish a By 1\fr. FULTON: A bill (H. R. 16737) to provide for allot subtreasury at Dallas, Tex.-to the Committee on Ways and ments of certain members of the Arapaho tribe of Indians-to Means. the Committee on Indian Affairs. By Mr. BRICK: A bill (H. R. 16754) to provide for the pur By Mr. TOWNSEND: A bill (H. R. 16738) to provide for the chase of a site and the erection of a public building thereon at preparation of plans for a memorial amphitheater at Arlington, Juneau, in the Territory of Alaska-to the Committee on Public Va., and for other purposes-.-:to the Committee on Military Buildings and Grou:iids. Affairs. · By Mr. HAUGEN: A bill (H. R. 16755) to provide for the By Mr. SABATH: A bill (H. R. 16739) to provide compensa free importation of wire fencing, and for other purposes-to the. tion for injuries to employees solely engaged in interstate and Committee on Ways and Means. · foreign commerce, to which the regulative power of Congress ex By Mr. BRICK: A bill (H. R. 16756) to amend an act entitled tends under the Constitution of the United States, and to create "An act to define and punish crimes in the district of Alaska a Commission of Injury Awards and granting powers to said and to provide a code of criminal procedure for said dish·ict." Commission-to the Committee on the Judiciary. approved March 3, 1899-to the Committee on the Territories. By Mr. McHENRY: A bill (H. R. 16740) supplementary to By Mr. BURLEIGH: A bill (H. R. 16757) for the incorpora and amendatory of the act of May 9, 1902, entitled "An act to tion of the Brotherhood of St. Andrew-to the Committee on make oleomargarine and other imitation dairy products subject the District of Columbia. to the laws of any State or Territory or the District of Colum By Mr. PATTERSON: A l>ill (H. R. 16758) to prevent the bia into which they are transported, and to change the tax pro .issuance by any judge of any court of the United States, in vide for the inspection, and regulate the manufacture and s~le ot ferior to the Supreme Court, of any writ of injunction, habeas certain dairy products, and to amend an act entitled 'An act corpus, or prohibition in any case wherein the validity of a law defining butter, also imposing a tax upon and regulating the of any one of the United States, or the act of any officer of any manufacture, sale, importation, and exportation of oleomarga such State done, or required to be done, in pursuance of such rine, approved August 2, 1906,' " defining the duties of dealers in law, is called in question-to the Committee on the Judiciary. oleomargarine and other imitation dairy products; defining of By Mr. CAULFIELD: A bill (H. R. 16759) providing for the fenses against said act and prescribing penalties therefor-to transfer of certain names from the freedman ron to the roll of the Committee on Agriculture. citizens by blood of the Choctaw and Chickasaw nations-to the By Mr. SMITH of Texas: A bill (H. R. 16741) to authorize Committee on Indian Affairs. the Interstate Commerce Commission to suspend advances in By Mr. HOW.tillD: A bill (H. R.16760) to provide for the rates, fares, charges, and classifications of common carriers of erection of a public building at Elberton, Ga.-to the Committee interstate and foreign commerce, and to further regulate com on Public Buildings and Grounds. merce among the several States and with foreign countries-to Also, a bill (H. R.16761) to provide for the erection of a the Committee on Interstate and Foreign Commerce. public building at Monticello, Ga.-to the Committee on Public By Mr. FRENCH: A bill (H. R. 16742) providing for grant Buildings and Grounds. ing pensions to telegraph operators who rendered service to the By Mr. BRANTLEY: .A bill (H. R. 16762) to provide for the Union ·Army or Navy during the civil war-to the Committee erection of a public building in Dublin, Ga.-to the Committee on Invalid Pensions. on Public Buildings and Grounds. By Mr. McGUIRE: A bill (H. R. 16743) for the removal of Also, a bill (H. R. 16763) to provide for the erection of a the restrictions on alienation of lands of allottees of the Quapaw public building in Way Cross, Ga.-to the Committee on Public Agency, ~k~a., and the sale of all tribal lands, school, agency, or Buildings and Grounds. other bmldmgs on any of the reservations within the jurisdic By Mr. HOWARD: A bill (H. R: 16764) providing for the tion of such agency, and for other purposes-to the Committee remodeling and enlarging of the public building at Athens Ga. on Indian Affairs. and the building of an addition thereto and to approPriat~ By Mr. HUMPHREYS of Mississippi: A bill (H. R. 16744) to money therefor-to the Committee on Public Buildings and increase the compen sa tion of rural letter carriers-to the Com Grounds. mittee on the Post-Office and Post-Roads. By Mr. GILL: Joint resolution (H. J. Res. 134) for the relief Also, a bill (H. R. 16745) to prevent payment of special tax of Midshipman Archibald G. Stirling-to the Committee on on retail liquor dealer~ under assumed or fictitious name, and Naval Affairs. so forth-to the Comnnttee on Ways and Means. By Mr. CLARK of Florida: Concurrent resolution (H. C. By Mr. UNDERWOOD: A bill (H. R. 16746) to authorize Res. 29) directing the Secretary of War to cause to be made a T. H. Friel or assigns to construct a dam across Mulberry survey of New Smyrna Inlet, Florida-to the Committee on Fork of the Warrior River-to the Committee on Interstate and Rivers and Harbors. Foreign Commerce. By Mr. MANN: Resolution (H. Res. 230) for the payment of By Mr. ALLEN: A bill (H. R. 16747) to amend· an act a janitor to the press room of the House--to the Committee on appr6ved March 2, 1907, entitled "An act for the opening of Accounts. Mills avenue NE. from Rhode Island avenue to Twenty-fourth By Mr. HOWELL o·f New Jersey: Resolution (H. Res. 2B1) street "-to the Committee on the District of Columbia. to increase the pay of the employees on the folders' roll-to the By Mr. PORTER: A bill (H. R. 16748) amending an act en Committee on Accounts. · titled "An act for the control and regulation of the waters By Mr. HAUGEN: Resolution (H. Res. 232) for the payment 1796 CONGRESS!ON AL RECORD-HOU.SE. FEBRU .A.RY 10' of a janitor to the Committee on Expenditures in the Interior of pension to Henry Lamp-to the Committee on Invalid Pen Department-to the Committee on Accounts. sions. By 1llr.· LOWDEN: M:emorial of the 'legislature of Illinois, Also, n. bill (H. R. 16793) granting an increase of pension to requesting Congress to pass the Hamilton bill-to the Commit William iB::air-to the Committee on Invalid Pensions. tee on In-valid Pensions. Also, a bill (H. R. 16794) for the relief of the legal repre sentatives of George JD. :Herman, decease(}-to the Committee on War 'Claims. PRIVATE BILLS AND JlESOLUTIONS. By Mr. ~ORDNEY: A bill (H. R. 16795) granting an in Under clause 1 of Rule XXll, pri>ate bills and resolutions crease of pension to Alexander S. Fair-to the Committee on of the following titles were introduced and se>erall.y referred Invalid Pensions. as follows: .Also, a bill (H. R. 16796) granting an inc rea e of pension By .~.:Ir • .ACHESON: A bill (H. R. 16765) grunting a _pension to Frederick .Niefenegger-to the Committee on Invalid Pen to Phi1a L. Mcllvain-to the Committee on In>alid Pensions. sions. By Mr.- AiKID...~: A bill (ll. R .. 1.6766) granting a l)ension to By Mr. GARNER: A bill (H. R. 16797) for the relief of the D. Jasper Lenten-to the Committee -on Pensions. heirs of Thomas J". Noakes., deceased-to the Committee on .A.Jso, a bill (H. R. 16767) granting a pension to Cha1·les J. War Claims. Tribble-to the Committee on Pensions. By Mr. GILIIAl\IS : .A bill {H. R. 16798) granting an increase By Mr. ALEXAYDER of Missouri: A bill (H. R. 16768) of pension to John .A. Soliday-to the Committee on Invalid granting a pension to Catharine J . Thomas-to the Committee Pensions. on Invalid Pensions. By 1\Ir. GIL:G: A bill (H. R. 16799) granting an incr.ease of By .l\Ir . ANDREWS: A 'bill (H. R. 167®) grunting .an in pension to Alice Dittman-to the Committee on Invalid Pen crease of pension to George W. Read-to the Committee on In sions. valid Pensions. By Mr. GRAHAM : A bill (H. R. 16800) granting an increase Also, a bill (H. R. 16770) grant"mg 1und to Anna Johnson- of pension to :Henry A. Harkins-to the Committee on In1alid to the Committee on the Pnblic Lands. . Pensions. By 'Mr. Al~SBERRY: A blli (H. R. 16171) granting an. in By .Mr. GRIGGS~ A 'bill (H. R. 16801) granting a pension crea e of pension to Stephen Lowe-to the Committee on In to St. Elmore Middleton-to the Committee on Invalid Pen valid Pensions. sions. By Mr. ASHBROOK: A bill (H. R. 16772) gr.anting a .Pen Also, a bill (H. R . 16802) granting a pension to Polly Gid sion to Laury Charlottie McF:3.rland-to the Committee on In dens-to the Committee on Pensions. valid Pensions. .Also, a bi'll (H. R. 16803) granting a pension to William Also, a bill (H. R. 16773) granting an increase of pension to ..A:bt-to the Committee on Pensions. "John H . Blessing-to the Committee on Invalid Pensions. By 1\!r. HAMILTON of Michigan : A bill {H. R. 16804) By 1\Ir. BINGHAl\1: A bill {H. 11. 16774) for the relief of granting an increase of pension to George W. Edson-to the Parsey 0. Burrough, who survived Henry S. Hannis, late co Committee on :Invalid Pensions. partners, trading as Henry S. Hannis & Co.-to the Committee By 11r. HAY : A bill (H. R . 1.6805) for the relief of Samuel on Claims. .J. Lutholtz.-to -the Committee on War Claims. By .l'!Ir. BRODHEAD: A bill (H. R. 10775) granting a pen Also, a bill (H. R. 16806) granting a pension to Horace G. sion to Anna J. Oottingham-to the Committee on Invalid Pen Shull-to the C<>mmittee on Pensions. sions.. By Mr. HINSHAW-: A bill (lL R . 16807) granting an in By Mr. BROWNLOW: A bill (H. R. 16776) granting an in ,crea ~ of pensi Also, a bill (H. R. 16825) for the relief of Elijah Pat PETITIONS, ETC. rick-to the Committee on War Claims. Under clause 1 of'"Rule XXII, the following petitions and pa.- · Also, a bill (H. R. 16826) for the relief of John Henry-to pers were laid on the Clerk's desk and referred as follows: the Committee on War Claims. By l\fr. ACHESON: Petition of Retail Merchants' Association Also, a bill (H. R. 1G827) for the relief of James Stafford of Pennsylvania, favoring. present postal rate of 16 cents per to the Committee on War Claims. pound-to the Committee on the Post-Office and Post-Roads. Also, a bill (H. R. 16828) for the relief of the legal repre Also, papers to accompany a bill authorizing an examination sentatiyes of J. M. Fidler-to the Committee on War Claims. and survey of Indian Creek, Ashtabula. County, Ohio-to the Also, a bill (H. R. 16829') for the relief of the administrator Committee on Rivers and Harbors. of the estate of James K. Hunter-:-to the Committee on War Also, petition of local unions Nos. 270 and 250, International ·claims. Typographical Union, for removal of duty on white pape1·, etc. Also, a bill (H. n. 1GS30) for the relief of the heirs of Wil to the Committee on Ways and :Means. liam Ragan-to the Committee on \Var Claims. Also, paper to accompany bill for relief of Phila L. 1\Icllvain Also, a bill (H. n. 16831) granting an increase of pension t') to the Committee on InYalid Pensions. Henry 111. Gibbs-to the Committee on Invalid Pensions. By 1\fr. ADAIR: Paper to accompany bill for relief of William By Mr. LEE: A bill (H. n. 16832) for the relief of the es J. Crouch-to the Committee on Invalid Pensions. tate of Howell Tatum, deceased-to the Committee on War By 1\fr. ALEXANDER of Missouri: Papers to accompany bills Claims. for relief of John Q. Hickman, Thomas F. Pratt, and Marion H. Also, a bill (H. R. 16833) for the relief of the estate of John Mostinger-to the Committee on Invalid Pensions. Tittle, deceased-to the Committee on War Claims. Also, paper to accompany bill for relief of Catherine J. Also, a bill (H. R. 1G834) for the relief of David E. Tatum- Thomas-to the Committee on Invalid Pensions. . to the Committee on War Claims. By 1\!r. ANSBERRY: Paper to accompany bill for relief of By Mr. LILLEY: A bill (H. R. 16835) granting an increase Stephen Lowe-to the Committee on Inyalid Pensions. of pension to Romanzo A. Nichols-to the Committee on In By Mr. ANTHONY: Petition of Typographical Union No. valid Pensions. ~1, of Topeka, Kans., for repeal of duty on ·white paper and By Mr. LIVINGSTON: A bill (H. R. 16836) for the relief of wood pulp-to the Committee on Ways and 1\feans. heirs of C. E. Rosser, deceased-to the Committee on War Also, petition of Sarah K. Stebbins and 300 other citizens Claims. of Atchison, Kans., against reestablishment of the canteen-to By Mr. :McCALL: A bill (H. R. 16837) granting an increase the Committee on Military Affairs. of pension to Mary Ellen Lauriat-to the Committee on Invalid 1\lr. ASHBROOK : Paper to accompany bill for relief of Pensions. Orodine Drake-to the Committee on Invalid Pensions. By Mr. McHENRY: A bill (H. R. 16838) to correct the mili By Mr. BARTLETT of Georgia: Petition of Georgia Woman's tary record of Capt. George H. LoYett-to the Committee on Christian Temperance Union, of SaYannah, Ga., for Littlefield Military Affairs. · . original-package bill-to the Committee on the Judiciary. Also, a bill (H. R. 16839) granting a pension to Sophia G. By l\fr. BURKE: Paper to accompany bill for relief of John Eckman-to the Committee on Invalid Pensions. Hartman, alias William Johnson, alias David Stiers-to the By Mr. McMILLAN: A bill (H. R. 16840) granting an in Committee on Military Affairs. crea e of pension to George W. Minkler-to the Committee on Also, petition of American Antiboycott Association, against Invalid Pensions. restricting rights of any court of equity in the issuance of By Mr. PARSONS: A bill (H. R. 16841) granting a pension injunctions-to the Committee on the Judiciary. to John Kennedy-to the Committee on Pensions. Also, petition of Immigration Aid Commission of the Coun By Mr. RUSSELL of Missouri: A bill (H. R. 16842) granting cil of Jewish ·women, . against educational clause in anti an increase of pension to Thomas C. Crabtree-to the Commit immigration bill-to the Committee on Immigration and Nat tee on Invalid Pensions. uralization. Also, a bill (H. R. 16843) granting an increase of pension Also, petition of Allentown Manufacturing Company, of A.llen to Samuel 0. Stanley-to the Committee on Invalid Pen town, Pa., approving of no legislation inimical to the present sions. prosperous condition of business-to the Committee on Inter By Mr. SMITH of California: A bill (H. R. 16844) granting state and Foreign Commerce. an increase of pension to Thomas Radford-to the Committee Also, petition of officers, directors, and trustees of art mu on Pensions. . seums in the United States, for free art-to the Committee on By Mr. SPERRY: A bill (H. R. 16845) granting an increase Ways and Means. of pension to Jennette E. Royce-to the Committee on . Invalid By 1\Ir. BURLEIGH: Petition of the Winthrop Budget, Pensions. against Post-Office Department denying right of publisher to Also, a bill (H. R. 16846) granting an increase of pension to extend credit for subscriptions to patrons of his publication Ann E. Parmelee-to the Committee on Invalid Pensions. to the Committee on the Post-Office and Post-Roads. By Mr. SPIGHT: A bill (H. R. 16847) for the relief of heirs Also, petition or memorial of Robert H. Gardiner and others, of George A. Barbee-to the Committee on War Claims. for legislation permitting incorporation of the Brotherhood of Also, a bill (H. R. ~6848) for the relief of heirs of John St. Andrew-to the Committee on the Judiciary. Nicholson, deceased-to the Committee on War Claims. By Ir. CALDERHEAD : Petition of Peter Carroll and others, Also, a bill (II. R. 16849) for the relief of heirs of C. H. for H. R. 7691, for adjustment and payment of accounts of la Hicks, deceased-to the Committee on War Claims. borers, workmen, and mechanics arising under the eight-hour By Mr. STEPHENS of Texas: A bill (H. R. 16850) granting law of June 24, 1868, and May 18, 1872-to the Committee on an increase of pension to W. n. 1\Iarsee-to the Committee on Claims. InYalid Pensions. Also, petition of B. Rockwell Merchandise and Grain Com By STERLING: A bill (H. R. 16851) for the relief of cer pany, against H. R. 13447-to the Committee on the Post-Office tain Indians by blood for identification as Mississippi Choctaws and Post-Roads. and enrollment on the legal rolls of the Choctaw Nation or Also, petition of officers, directors, and trustees of art muse tribe of Indians-to the Committee on Indian Affairs. ums, for free art-to the Committee on Ways and Means. By Mr. TAYLOR of Ohio: A bill (H. R. 16852) for the re Also, petition of National Funeral Directors' Association, lief of Thomas Finley-to the Committee on War Claims. against burial at sea-to the Committee on the Merchant Ma rine and Fisheries. By 1\fr. UNDERWOOD: A bill (H. R. 16853) for the relief Also, petition of Solomon Commercial Club of Solomon, Kans., of Rebecca P. Tyus or her heirs-to the Committee on War against a. parcels-post Jaw-to the Committee on the Post-Office Claims. and Post-Roads. By Mr. COOPER of Wisconsin: A bill (H. R. 16854) for the Also, petition of the Brown Shoe Company against H. R. relief of James Easson-to the Committee on War Claims. 13447-to the Committee on the Post-Office and Post-Roads. By 1\Ir. FOSTER of Indiana: A bill (H. R. 16855) granting Also, petition of Encampment No. 1, Union Veteran League, an increase of Pension to Larkin B. Richerson-to the Commit- three-year Yolunteers, favoring H. R. 4930 (Union prisoners' tee on Invalid Pensions. . pension bill)-to the Committee on Invalid Pensions. Also, a bill (H. R. 16856) granting an increase of pension to Also, petition of National German-American Alliance, for Edwin French-to the Committee on Invalid Pensions. forest reservations in White Mountains and southern Appa Also, a bill (H. n. 16857) granting an increase of pension to lachian Mountains-to the Committee on Agriculture. James 1\f. Royer-to the Committee on Invalid Pensions. Also, petition of Farmers' Grain, Live Stock, and Coopera Also, a bill (H. R. 1G858) granting an increase of pension to tive Mercantile Association, favoring . Federal inspection of Cornelius McGuire-to the Committee on Invalid Pensions. gr_a!TI-to the Committee on Interstate and Foreign Commerce. 1798 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 10; Also, petition of Wyandotte Woman's Christian Temperance Also, petition of National Wool Growers' Association, relative Union, for the Littlefield original-package bill-to the Com to forest reservations and various subjects-to the Committee mittee on the Judiciary. on Agriculture. · -Also, petition of Rev. T. 1\I. Jackson, Jennie E. Foresman, Also, petition of Wallace P. Groom, for currency legislation C. W. Fore man, F. E. Yantes, F. l\1. Watts, Mrs. Alice G. to the Committee on Banking and Currency. YOlmg, and A. A. Huntsinger, against sale of intoxicants in all Also, petition of Marvin Campbell, for legi lation guarantee public buildings of the United States-to the Committee on the ing bank deposits-to the Committee on Banking and Currency. Judiciary. By Mr. FULTON : Paper to accompany bill for relief of James AI o, petition of National German-American Alliance, for B. Houston-to the Committee on War Claims. repeal of the canteen law-to the Committee on Military Af By Mr. GOLD FOGLE: Petition of New York Produce Ex fairfil. change, against Federal inspection of grain (previously referred By 1\Ir. MAYNARD: Papers to accompany bill for a monu to the Committee on Ways and 1\Ieans)-to the Committee on ment to Pocahontas at Jamestown, Va.-to the Committee on Interstate and Foreign Commerce. the Library. By 1\Ir. GOULDEN: Petition of the Brown Shoe Company, By Mr. CAPRON : Petition of library of Brown University, against H. R . 13447, relative to furnishing lists of names by of Provillence, R. I., favoring H. R. 11794-importing copies of post-offices-to the Committee on the Post-Office and Post-Roads. for igu books duty free-(previously referred to the Committee Also, petition of Stephen 1\Iummery, of Brooklyn, N. Y., for on Pat('nts)-to the Committee on \Vays and Means. the Kittredge copyright law-to the Committee on Patents. By Mr. COOK of Pennsyl>ania: Petition of National Board of '.frade, for a national incorporation law-to the Committee By 1\Ir. GRAHAM : Petition of Joseph R. Craig and others, on Interstate and Foreign Commerce. against abolition of pension agencies-to the Committee on By Mr. COOPER of Wisconsin : Petition of volunteer officers Invalid Pensions. of ciYl war, of Janesville, Wis., for H. R. 6288, for a volunteer Also, petition of Charles D. Wellach, deprecating legislation officers' retired list-to the Committee on Invalid Pension . unfavorable to present business conditions-to the Committee By Mr. DAn~-tAGH: Memorial of Farmers' Institute of on Interstate and Foreign Commerce. Montcalm County, 1\lich., opposed to the reduction of tariff on Also, paper to accompany bill for relief of Leonard 0 . imports from Pllilippine Islands-to the Committee on Ways Martin-to the Committee on Claims. and 1\leans. Also, petition of Excelsior Express and Standard Cab Com By Mr. DE AR::\IOND: Paper to accompany bill for relief pany, for legislation helpful to transfer companies-to the Com of James l\1. Pickett-to the COmmittee on Invalid Pensions. mittee on Interstate and Foreirn Commerce. By Mr. DRAPER: Petition of .American Antiboycott Asso Also, papers to accompany a bill to regulate commerce, amend ciation, against restricting rights of any court of equity in the ment to interstate-commerce bill-to the Committee on Inter issuance of injunctions-to the Committee on the Judiciary. state and Foreign Commerce. By 1\lr. ESCH: Petition of National Funeral Directors' As AI o, petition of James Ware, for H. R. 11562 (return of col sociation of the United States and the Wisconsin Funeral Di lateral inheritance tax to Stevens Institute of r.rechnology)-to r ctors and Embalmers' Association, against the custom of the Committee on Claims. burial at sen-to the Committee on the Merchant Marine and Also, petition of immigration aid committee of the Council of Fisheries. J ewish Women, against educational clause of the anti-immigra Al o, petition of citizens of Wisconsin, against a parcels-post tion bill-to the Committee on Immigration and :Katuralization. law-to the Committee on the Post-Office and Post-Roads. Also, petition of Ph. Hamburger Company aO'ainst Gardner AI o, petition of Commandery of the State of Wisconsin, Mil in1migration bill-tQ the Committee on Immigration and Natu- itary Order of Loyal Legion, against abolition of pension ralization. - aO'encies-to the Committee on Invalid Pen ions. Also, petition of E. G. Barie and Charles K. Beach, for S. By .1\Ir. FITZGERALD: Petition of New York Produce Ex 2 02, r elative to overtime claims of letter carriers-to the Com change, again t Federal inspection of grain (previously re mittee on Claims. ferred to the Committee on Ways and 1\leans)-to the Committee on Interstate and Foreign Commerce. Also, petition of Allentown Manufacturing Company, agains1 Also, petition of .Anacostia Citizens' Association, for improve legislation inimical to business prosperity-to the Committee oD ment of the Anacostia River fiats-to the Committee on the Interstate and Foreign Commerce. Di trict of Columbia. Also, petition of William Barclay Parson , for II. R. 11562 Also, petition of Board of Education of :Kew York City, fa (return of collateral inheritance tax to Ste>ens Institut(. ot voring Federal Go>ernment bearing half of the expense of nau ',rechnology, of Hoboken, N. J.)-to the Committee on Ola'Lrn.. tical schools-to the Committee on X a >al Affairs. Also, petition of American Antiboycott As ociatio~ again t AI o, petition of National German-American Alliance, for for restricting rights of courts in injunctions-to the Committee on e t reservations in White Mountains and southern Appalachian the Judiciary. Mountains-to the Committee on Agriculture. By Mr. GRANGER : Petition of Bristol-Phoenix, of Bristol, Also, petition of officers and directors of art museums of the R. I., against a portion of Postmaster-General's order of De United States, for removal of duty on art works-to the Com cember 4, 1907-to the Committee on the Post-Offi.ce and Po t- mittee on Ways and Means. Roads. · By l\1r. FLOYD: raper to accompany bill for relief of James Also, petition of town -council of South Kingston, R. r., for •L. Ste>ens-to the Committee on Pensions. H. R. 6169, relative to promotion of efficiency of Life-Sav Also, papers to accompany IJills for relief of George Rawlings, ing Service-to the Committee on the 1\Ierchant 1\Iarine and David Phillips, and W. H. Cleveland-to the Committee on In Fisheries. valid Pensions. Also, petition of American Live Stock Association for a non By Mr. FOCHT: Petition of W. T. Williamson and many partisan tariff commission-to the Committee on Ways and other citizens of Pennsylvania, for S. 3153, protection of dairy 1\Ieans. intere ts-to the Committee on Agriculture. Also, petitions of Star of Boston Lodge, No. 209, I. 0. B. A., By Mr. FOSTER of Illinois : Papers to accompany bills for and Hebrew Independence Club, of Boston, 1\Iass., against the relief of John Shoaff and Henry A. Clubb-to the Committee on Latimer immigration bill-to the Committee on Immigration Invalid Pensions. and Naturalization. By 1\fr. FOSTER of Indiana: Petition of International Typo By Mr. GRONNA: Petitions of Woman's Christian Temper graphical Union No. 444, of Princeton, Ind., for repeal of duty ance Union of St. Thomas, N. Dak., and citizens of Ardoch, on white paper, etc.-to the Committee on Ways and Means. N. Dak., for the Littlefield original-package bill-to the Com .Also, petitio_n of Ore cent City Council No. 14, of Evansville (Ind.) Commercial Travelers' Association, against a parcels mittee on the Judiciary. post law-to the Committee on the Post-Office and Post-Roads. Also, petitions of -Typographical Union No. 311, of Grand . AI o, petition of Indianapolis Board of Trade, for increase of Forks, N. Dak., and Typographical Union No. 1G8, of Fargo, pay of officers and enlisted men in Army- to the Committee on N. Dak., for repeal of duty on wood pulp, white paper, etc. 1\filitary Affairs. . to the Committee on Ways and Means. By 1\Ir. FULLER: Petition of National German-American Also, petition of Woman's Intern.ationall\Iissionary Union, of Alliance, for forest reservations in White Mountains and south District of Columbia, for legislation prohibiting importation and ern Ap11alachian 1\Iountains-to the Committee on Agriculture. sale of opium, and for prohibition in the District of Columbia Also, petition of Brown Shoe Company, against H. R. 13447, to the Committee on the District of Columbia. relative to post-offices giving out names of patrons-to the Com By 1\Ir. HAMLIN: Paper to accompany bill for relief of mittee on the Post-Office and Post-Roads. Ishmeal Lee~to the Committee on War Claims. ·--~ 1908. CONGRESSIONAL RECORD-HOUSE. il799 By ~ir . HAMILTON of Iowa : Petition of w. H. Taylor and Association of United States, against custom of burial at sea others, agai.rult a parcels-post law-to the Committee on the t o the Committee on the Merchant Marine and Fisheries. Post-Office and Post-Roads. Also, petition of officers, directors, and trustees of art muse By Mr. HARDY: Soldier's affidavit in support of H . R. 16184, ums, for free art-to the Committee on Ways and Means. granting an increase of pension to James Cochran Key-to the Also,, petition of executive committee on nautical schools, for Committee on Pensions. Federal Government to bear one-half expense of same-to the By Mr. HARDWICK: Petition of Woman's Christian Tem Comxhittee on Naval AffairS.. perance Union of Savannah, Ga.., favoring the Littlefield origi- · Also, petition of Remsen Manufacturing Company, Brooklyn, nal-package bill-to the Committee on the Judiciary. N. Y., for national registration of automobiles-to the Commit By .Mr. HAY: Paper to accompany bill for relief of Samuel tee on Interstate and Foreign Commerce. J. Sutholtz-to the Committee on War Claims. By Mr. LIVINGSTON : Petition of Local Union No. 48, of' By Mr. ~RY of Texas: Petition of Ben L. Griffin and International T:ypographical Union, for removal of duty on others, citizens of Texas, for currency legislation-to the Com white paper and wood pulp-to the Committee on Ways and mittee on Banking and Currency. Means. By 1\{r. HEPBURN: Petition of College Springs (Iowa) By Mr. McKINNEY : Petition of National Funeral Directors' Presbytery, for the original-package bill-to the Committee on Association, for legislation to do away with the custom of the Judiciary. ourial at sea-to the Committee on the Merchant Marine and By .Mr. HINSHAW: Petitions of old soldiers of the civil war Fisheries. and members of the Grand Army of the Republic, fa-voring Also, petition of 1\IcClanahann Post, No. 330, Grand Army of II. R. 13261, pensioning widows of soldiers of civil and Mexican the Republic, of Monmouth, Ill., for the Sherwood bill-to the wars; also for H. R. 4805, pensioning widows of soldiers at same Committee on Invalid Pensions. rate as their deceased husbands-to the Committee on Invalid By Mr. McMILLAN: Paper to accompany bill for relief of P nsions. George W. Minkler-to the Committee on Invalid Pensions. Also, petitions of citizens of Garrison, Wymore, Western, and By Mr. MOORE of Pennsylvania: Petition of National Board Yutan, all in the State of Nebraska, against a parcels-post law of Trade, for appropriation of $50,000,000 annually for rivers to the Committee on the Post-Office and Post-Roads. and harbors-to the Committee on Rivers and Harbors. By Mr. HOWELL of New Jersey: Petition of General Howell By Mr. NEEDHAM: Petition of E . 0. Tingley and others, Post, Grand Army of the Republic, of Woodbury, N. J ., against of California, for an effective Asiatic exclusion law-to the abolition of pension agencies-to the Committee on Invalid Committee on Immigration and Naturalization. Pensions. Also, petition of City Club of Los Angeles, against the Crum By Mr. HUMPHREYS of Mississippi: Paper to accompany packer bill, relatiT'e to method of appointment of employees o1 bill for relief of Mitchell Hunt-to the Committee on In-valid the Census Bureau-to the Committee on the Census. Pensions. By Mr. NORRIS: Petition of E. Ewel, against a parcels-post By Mr. JOHNSON of Kentucky: Paper to accompany bill law- to the Committee on the Post-Offi~ and Post-Roads. for relief of David B. Dowdell-to the Committee on War By 1\Ir. OLMSTED~ Petition of citizens of Dauphin County, Claims. Pa., for S. 315-2 (additional protection to dairy interests).-to the By Mr. KELIHER: Petition of trustees of Massachusetts Committee on Agriculture. Agricultural College, for legislation for the War Department By .Mr. REEDER: Petition of Robert Anderson Post, Grand to continue detail of Army officers to land-grant colleges-to ' Army of the Republic, No. 45-, of Smith Center, Kans., for the the Committee on Military .Affairs. Sherwood pension bill (H. R. 7625)-to the Committee on In- Also~ petition of National German-American Alliance, for Yalid Pensions. · · forest reservations in White Mountains and southern Appa Also, petition of L. M. Solt, of Logan, Kans., relative to bill lachian Mountains-to the Committee on Agriculture. before Congress giving Interstate Commerce Commission power Also, petition of officers, directors, and trustees of art mu to regulate the serVice to live-stock shipments-to the Commit seums, for repeal of duty on art-to the Committee on Ways tee on Interstate and Foreign Commerce. and Means. By 1\fr. RIORDAN: Petition of National Building Trades Also, petition of joint board of Allied Printing Trades, for (thirty-eighth annual meeting), for a uniform bill of lading-to repeal of duty on white paper, wood pulp, etc.-to the Commit the Committee on Interstate and Foreign Commerce. tee on Ways and Means. By 1\Ir. SPERRY: Petitions of Company F, First Infanh·y, Also, petition of Northeast Drug Exchange, for amendment of New Britain, and Company E, Second Infantry, of New of Sherman antitrust law allowing· agreements not detrimental Haven~ Connecticut National Guard, favoring H . R. 14783, for to public interests-to the Committee on Interstate and Foreign promoting efficiency of the militia-to the Committee on 1\lilitia. Commerce. Also, petition of Meriden Musical Protective Union, faT"oring Also. petitions of Star of Boston Lodge. No. 209, L 0. B. A., H. J. Res. 103 (enlisted musicians versus civilian musicians) and Ward 9, Hebrew Independent Club of Boston, Independent to the Committee on Labor. Order of United States Jewish Citizens, agai.rult immigration By Mr. SPIGHT : Papers to accompany bill for tlie relief o.f legislation that provides for an educational test,. head tax, etc. C. H. Hicks, of Marshall County, Miss.-to the Committee on to the Committee on Immigration and Naturalization. War Claims. By Mr. KNAPP: Petition of citizens of Cape Vincent, N. Y., Also, papers to accompany bill for relief o'f estate of J ofu.t for a residence and boathouse for the keeper of the break Nicholson, of Marshall County, Miss.-to the Committee on water light at that place-to the Committee on Appropriations. War Claims. By Mr. KilsTER.UANN: Petition of Wisconsin Funeral Di Also, papers to accompany bill for the relief of estate of rectors and Embalmers' Association, against the custom of George A. Barber, of De Soto County~ Miss.-to the Committee burial at sea-to the Committee on the Merchant Marine and on War Claims. Fisheries. By Mr. STERLING : Paper to accompany bill for relief of By Mr. LA..FEAN: Petition of Manufacturers' Association of Thomas F. Walsh-to the Committee on Claims. York, Pa., against enactment of the census bill (H. n. 7597) By Mr. SULZER : Petition of National German-American to the Committee on the Census. Alliance, against interstate liquor legislation-to the Commit By Mr. LASSITER: Petitions of merchants of Clarksville, tee on the Judiciary. Blakestone, Lawrenceville, Victoria, and Boydton, all in the Also, paper to acrompany bill for relief of Mary T. Jen State of Virginia, against a parcels-post law_:to the Commit nings-to the Committee on Invalid Pensions. tee on the Post-Office and Post-Roads. By 1\fr. TAYLOR of Ohio: Petitions of Wells Post, No. 451, By Mr. LAW: Petition of 1\la.ritime Association of Port of Grand Army of the Republic; Union Veterans" Legion, No. 78, New York, for Senate bill 25 (efficiency of Life-Saving Serv and citizens, all of Columbus, Ohio, for 1t': R . 6288-to the Com ~ ice) and H. n. .31 (light and fog signal in New York Harb.or) mittee on Military Affairs. to the Committee on Interstate and Foreign Commerce. By Mr. WANGER: Petition of Joseph R. Craig} president of Also, petition of executive committee of nautical schools, for Grand Army Association of Philadelphia, Pa., and vicinity, on Federal Government to bear one-half expense of nautical behalf of 43 Grand Army of the Republic posts, representing schools-to the Committee on Na>al Affairs. 10,000 old soldiers and sailors, against consolidation of pension By Mr. LEVER: Petition of Local Union No. 177, of the Co agencies-to the Committee on Appropriations. lumbia Printing Pressmen's Union, of Columbia, S. C., for re By Mr. WOOD : Petition of Rob-ert W . Pryor and J. :ll. peal of duty on white paper and wood pulp-to the Committee Rusby, for H . R. 11562, for repayment of collateral inheritance on Ways and Means. tax to the StevenS' Institute of Technology, of Hoboken, N. J . By Mr. LThTDSAY : Petition of. National Funeral Directors' to the Committee on Claims.. . \ .