1236 CONGRESSIONAL RECORD-SENATE. JANUARY 27,

By 1\Ir. HEDGE: Memorial of the Upper Mississippi River Im­ tive to the Red Lake and Pembina bands of Chippewa Indian.s, of provement Association, relative to the improvement of the upper minnesota-to the Committee on Indian Affairs. Mississippi River-to the Committee on Rivers and Harbors. By Mr. WADE: Resolution of James Cross Post, No. 292, Grand By Mr. HEPBURN: Resolutions of Farragut Ransom Post, Army of the Republic, of Millersburg, Iowa, in favor of a service­ No. 379; Lenox Post, No. 316; Abe Flick Post, No. 437; John A. pension bill-to the Committee on Invalid Pensions. Adams Post, No. 195; Shively Post, No. 421; William Dafur Post, By Mr. WIL.LIAMS of Illinois: Resolutions of William Law· No. 297; Frank Nolan Post, No. 208; Rice Post, No. 283; Upton renee Post, No. 794, of New Burnside, ill., and James C. Lasater Post, No. 248; Van Wert Post, No. 205; SamuelSum.nerPost,No. Post, No. 570, of Millshoals, ill., Grand Army of the Republic, 398; Sedgwick Post, No.10; Henry Walton Post, No. 312; Wayne in favor of a service-pension bill-to the Committee on Invalid Post, No. 137; Weldon Post, No. 426; McKnight Post, No. 491; Pensions. Union Post, No. 441, and Osceola Post, No. 173! Grand Army of Also, petition of citizens of Golconda, Til., against parcels-post the Republic, Department of Iowa, in favor of a service-pension bill-to the Committee on the Post-Office and Post-Roads. bill-to the Committee on Invalid Pensions. By Mr. HILDEBRANT: Resolution of Jonathan Casto Post, No. 342, Grand Army of the Republic, of Blanchester, Ohio, in SENATE. favor of a service-pension bill-to the Committee on Invalid Pen­ sions. WEDNESDAY, January 27, 190#-. Also papers to accompany bill for the relief of E. E. Wisby­ Prayer by the Chaplain, Rev. Enw.A.RD EVERETT HALE. to the Committee on War Claims. The Secretary proceeded to read the Journal of yesterday's pro­ By J'i.Ir. HOGG: Petition of Grand Junction Ministerial Asso­ ceedings, when, on request of Mr. BuRRows, and by unanimous ciation, of Colorado, favoring passage of the Hepburn-Dolliver consent, the further reading was dispensed with. bill-to the Committee on the Judiciary. The PRESIDENT pro tempore. The Journal will stand ap­ Also, resolution of Salida (Colo.) Board of Trade, protesting proved. against changes in present land laws-to the Committee on the WALTER B. JORDAN. Public Lands. The PRESIDENT pro tempore laid before the Senate a commu­ Also, resolutions of Grand Army of the Republic posts No. 63, nication from the Secretary of the Interior, transmitting certain Department of Colorado and Wyoming; No. 13, of Greeley, Colo.; information relative to a contract entered into with Walter B. No. 109, of Meeker, Colo.; No. 16, of Monte'Vista, Colo.; No. 31, Jordan, of Miles City, Mont., for the delivery at various posts of Colorado Springs, Colo.; No.100 and No. 54, of Telluride, Colo., during the fiscal year 1901 of large quantities of provisions for the in favor of a service-pension bill-to the Committee on Invalid Indian service, amounting to $1,289.51, and recommending that Pensions. he be reimbursed therefor; which, with the accompanying pa­ By Mr. HOWELL of New Jersey: Resolution of General Wil­ pers, was referred to the Committee on Indian Affairs, and or­ liam S. Truer Post, No. 118, Grand Army of the Republic, De­ dered to be printed. partment of New Jersey;in favor of a service-pension bill-to the Committee on Invalid Pensions. PURCHASE OF INDIAN SUPPLIES. By Mr. HUGHES of New Jersey: Petition of the Reformed The PRESIDENT pro tempore laid before the Senate a com­ Church of Paramus, of Ridgewood, N.J., against sale of liquor munication from the Secretary of the Interior, transmitting a in Government buildings-to the Committee on Alcoholic Liquor letter from the Commissioner of Indian Affairs relative to pur­ Traffic. chases made in open market of Indian goods and supplies in excess Also, petition of the Reformed Church of Paramus, of Ridge­ of $500, and under exigencies authorized by the Secretary of the wood, N. J., for the passage of a bill to prevent nullification of Interior during the fiscal year, 1903, etc.; which, with the accom­ State liquor laws-to the Committee on the Judiciary. panying papers, was referred to the Committee on Indian Affairs, Also, resolution of George G. Meade Post, No.7, Grand Army and ordered to be printed. · of the Republic, Department of New Jersey, in favor of a service­ PINE RIDGE AGENcy, S, D.A..K. pension bill-to the Committee on Invalid Pensions. The PRESIDENT pro tempore laid before the Senate a com­ By Mr. LACEY: Petition of citizens of Blakesburg, Iowa, in munication from the Secretary of the Interior, transmitting papers favor of the passage of bill H. R. 2895, for the relief of military from the files of the records of the Indian Department giving the telegraph operators-to the Committee on Invalid Pensions. history of the recent encounter between certain Sioux Indians of By Mr. LAFEAN: Resolution of the West Pennsylvania Synod the Pine Ridge Agency, S. Dak., and the sheriff's posse from of the Lutheran Church, in favor of the Hepburn bill (H. R. Wyoming, etc.; which, with the accompanying papers, was re­ 4072)-to the Committee on the Judiciary. ferred to the Committee on Indian Affairs, and ordered to be By Mr. MAHONEY: Petition of C. Zeglen, relative to bullet­ printed. proof cloth-to the Committee on Military Affairs. ENROLLED BILLS SIGNED. By Mr. MIERS of Indiana: Papers to accompany Honse bill to A message from the House of Representatives, by Mr. W. J. increase pension of Joseph M. Baldwin-to the Committee on In­ BROWNING, its Chief Clerk, announced that the Speaker of the valid Pensions. Honse had signed the following enrolled bills and joint resolu­ Also, papers to accompany House bill granting increase of pen­ tion; and they were thereupon signed by the President pro tem­ sion to Thomas Headdy-to the Committee on Invalid Pensions. pore: Also, papers to accompany House bill to increase pension of A bill (S. 9) grantinganincrea.seofpensiontoDavidE. Burbank; J. E. Speake-to the Committee on Invalid Pensions. A bill (8.12) grantinganincreaseofpension to Francis E. Chase; Also, papers to accompany Honse bill to increase pension of A bill (S.13) granting an increase of pension to William Clark; Sarah J. Paynter-to the Committee on Invalid Pensions. A bill (S. 14) granting an increase of pension to Samuel M. By Mr. PALMER: Petitions of W. S. Morgan and 15 others Perry; and of the First Methodist Episcopal Church, of Derranceton, Pa., }... bill (S. 99) granting an increase of pension to Joel C. Shep- in favor of the Hepburn-Dolliver bill-to the Committee on the herd; Judiciary. . A bill (S.182) granting an increase of pension to Charles F. Holt; By Mr. ROBINSON of Indiana: Petition of Simon J. McCann, A bill (S.190) granting an increase of pension to Charles H. Bell; of Fort Wayne, Ind., in favor of bill providing for the erection A bill (S. 451) granting an increase of pension to William T. of a monument to the memory of Commodore John Barry-to Conant; the Committee on the Library. A bill (S. 452) granting an increase of pension to Albert W. By Mr. SIMS: Resolution of the county court of Madison Bullock; County, Tenn., in favor of the Brownlow good-roads bill-to the A bill (S. 456) granting an increase of pension to Andrew J. Committee on Agriculture. Pierce; By Mr. SAMUEL W. SMITH: Resolutions of G. H. Ewing A bill (S. 458) granting an inerease of pension to Charles Post, No. 203; Steele Brothers Post, No. 441; Dick Richardson Beattie; · Post, No. 147; Uewey Post, No. 60; John and Alfred Ryder Post, A bill (S. 471) granting an inc1·ease of pension to Silas Meserve; No. 404; J. B. McPherson Post, No. 183; Henry H. Knapp Post, A bill (S. 473) granting an increase of pension to Byron D. Bab- No. 284; Fred Walker Post, No. 134; James Bradley Post, No. cock; 194; Governor Crapo Post, No. 145, and Phil. McKernan Post, A bill (S. 478) grantinganincreaseof pension to OliveJ. Bailey; No. 53, Grand Army of the Republic, Department of Michigan, A bill (S. 484) granting a pension to Nancy S. Marsh; in favor of a service-pension bill-to the Committee on Invalid A bill (S. 547) granting an increase of pension to Irving W. Pensions. Coombs; Also, petition of C. P. Maxan, of Waterford, Mich., against A bill (S. 555) granting an increase of pension to Royal A. S. passage of parcels-post bill-to the Committee on the Post-Office Kingsley; · · and Post-Roads. A bill (S. 565) granting an increase of pension to James E. By Mr. STEENERSON: Paners to accompany Honse bill rela- Barnard; 1904. CONGRESSIONAL RECORD-SENATE. 1237

A bill (S. 578) granting an increase of pension to John Bnlamore; Society, of St. Joseph, and of the Germania Lodge, No. 17, of St. A bill (S. 586) granting a pension to Annie H. Zall; Louis, all in the State of Missouri; of the Charles C. Engel Quar· A bill (S. 587) granting an increase of pension to Anson P. Wil­ tette Club, of Trenton; of the Orpheus Singing Society, of Newark; liamson; of the Workmen's Sick and Death Benefit Fund, Branch No. 61, of A bill (S. 589) granting an increase of pension to George W. Trenton; of the Schuetzen Club of Hoboken; of the Social Turn McMullen; Verein, of Tl.·enton, and of the Singing Society of Hoboken, all in A bill (S. 744) granting an increase of pension to Stephen Gas­ the State of New Jersey; of the Maennerchor of Troy; of the coigne; Schwaben Sick Aid Society, of Utica; of the North German So­ A bill (S. 745) granting a pension to John Swenson; · ciety of Long Island; of the Turn Verein of Buffalo; of the Geis· A bill (S. 798) granting an increase of pension to James A. tendorfer Club, of New York City; of the Turn Verein of Mica; Templeton; of the Geistendorfer Lodge, of New York City; of the Badische A bill (S. 814) granting a pension to Mamie Thayer; Volksfest Verein, of New York City; of the William F. Grell As· A bill (S. 821) granting an increase of pension to W. Neil Den­ sociation, of New York City; of Guttenberg Lodge, No. 112, of nison; Troy; of Humboldt Lodge, of Syracuse, and of the Swiss Grutli A bill (S. 847) granting an increase of pension to John L. Bev­ Society, of New York City, all in the State of New York; of the eridge; Turn Verein of Cleveland; of the Turn Verein of Cincinnati; of A bill (S. 898) granting an increase of pension to John B. Carter; Steuben Lodge, of Dayton; of the Liederkranz of Cleveland; of A bill (S. 929) granting an increase of pension to Charles Ster­ Teutonia Lodge, No. 21, of Dayton; of the Allemania Verein, mer- of Cleveland; of Harmonie Lodge, No. 117, of Dayton; o'f· Her­ A'bill (S. 930) granting an increase of pension to Ferdinand mann Encampment, No. 66, of Cincinnati; of the Harngari Sing· Wiedemann; ing Society, of Dayton; of the Turn Verein of Akron; of the A bill (S. 937) granting an increase of pension to Rudolph Liederkranz Singing Society, of East Liverpool; of the Work­ Siebelist; . men's Sick and Death Benefit Fund of Dayton; of the Deutscher A bill (S. 959) granting an increase of pension to Andrew C. Schumacher Verein, of Cincinnati, and of the Liberal Bayer· Ranard; ischen Verein, of Cincinnati, all in the State of Ohio; of the A bill (S. 1259) granting an increase of pension to John M. Deutsche Gesellschaft of Providence, R. I.; of Concordia Lodge, Stanyan; No. 2035, of Austin; of the Shooting Company of San Antonio; A bill (S. 1334) granting an increase of pension to Amy C. of the Deutsche Sterbe Kasse, of Austin; of Wilhelm Tell Lodge, Bosworth; No. 175, of Gonzales, and of th~ Frohsinn Maennerchor Singing A bill (S. 1335) granting an increase of pension to Calvin Daws; Society, of San Antonio, all in the State of Texas; of the Singing A bill (S. 1402) granting an increase of pension to William Paul; Society of Salt Lake City, Utah; of Lodge No.2, of Seattle; of A bill (S. 1429) granting an increase of pension to Elizabeth C. the German Club of Seattle, all in the State of Washington; of Paquin; Lodge No. 803, of Milwaukee; of the Apollo Male Choir, of Mil­ A bill (S. 1437) granting an increase of pension to Clarence E. waukee; of the Gesang Verein of Milwaukee; of the Orpheus Bullard; Club, of Milwaukee; of the Syra Male Choir, of Milwaukee: of A bill (S. 1491) granting an increase of pension to James A. the Euterpe Men's Choir, of Milwaukee; of the South Side Hoover; Gymnastic Association, of Milwaukee, and of the Incorporated A bill (S.1497) granting an increase of pension toWalter F. Chase; German Society, of Marinette, all in the State of Wisconsin; of A bill (S. 1498) granting an increase of pension to Winslow P. the German Beneficial Society, of Pitcairn; of the Danish Society Eayrs; of Philadelphia; of the East Pittsburg Turn Verein, of East Pitts­ A bill (S. 1559) granting an increase of pension to Marie A. Rask; burg; of the Upholsterers' Relief Association, of Philadelphia; A bill (S. 1825) granting a ·pension to JosephineL. Webber; of German Beneficial Union No. 2, of Pittsburg; of German A bill (S. 1826) granting an increase of pension to Mary E. Cutts; Beneficial Union No. 18, of McKeesport; of the Turn Verein of A bill (S. 1827) granting an increase of pension to Harris A. P. Pittsburg; of German Beneficial Union No. 45, of Altoona; of Lewis; the Schiller Tum Verein, of Pittsburg; of the German :Military A bill (S. 1938) granting an increase of pension to Aldredge Society, of South Pittsburg; of the Schwaben Relief Society, of Patterson; and Allegheny County; of the German Beneficial Union of North A joint resolution (S. R. 82) to fill vacancies in the Board of Braddock; of Lodge No. 464, of Homestead; of District No. 46, Regents of the Smithsonian Institution. of Homestead, and of the Baker Arbeiter Verein, of Philadelphia, PETITIONS AND MEMORIALS. all in the Stat.e of Pennsylvania, remonstrating against the ena-ct­ The PRESIDENT pro tempore presented memorials of the ment of legislation to regulate the interstate transportation of Turner Liedertafel Singing Society, of Hamford; of Friedrich intoxicating liquors; which were referred to the Committee on • Hecker Lodge, No. 440, of New Haven; of the Germania Singing the Judiciary. Society, of Torrington; of the Turner Bund of Hartford, and of Mr. BURROWS presented a petition of the Young People's the Harmonia Society of Torrington, all in the State of Connecti­ Society of Christian Endeavor of the Jefferson Avenue Presby­ cut; of the Schuetzen.Verein of San Francisco; of the Pacific terian Church, of Detroit, Mich., praying for an investigation of Turn Bezirk, of San Francisco, and of the Arion Verein, of San the charges made and filed against Ron. REED SMOOT, a Senator Francisco, all in the State of California; of Lodge No. 596, of from the State of Utah; which was referred to the Committee on Denver, and Beer Drivers' Union No. 56, of Denver, in the State Privileges and Elections. of Colorado; of the Freie Briider Gemeinde, of Davenport; of Mr. FOSTER of Washington presented a memorial of the the West Davenport Maennerchor, of Davenport; of the West Washington State Grange, Patrons of Husbandry, of La Center, Davenport Geselligkeits Club, of Davenport; of Hermann Lodge, Wash., remonstrating against the passage of the so-called ship­ No.489,ofDavenport; oftheAvocaGesangVerein,ofAvoca; ofthe subsidy bill; which was referred to the Committee on Commerce. Deutscher Maennerchor, of New Hampton; of Concordia Lodge, He also presented the petition of Mrs. Ella Higginson, of What­ No.4,ofSioux.City,andoftheGermanMutnalFireandWindAsso­ com, Wash., praying for the enactment of legislation permitting ciation of Manning,all in the State Of Iowa; ofHerweghLodge,No. the manuscript.a of authors to be carried at third-class mail rates; 565, of Chicago; of Robert Blum Lodge, No. 397, of Chicago; of which was referred to the Committee on Post-Offices and Post­ Tugend Lodge, of Chicago; of the Schweizer Turn Verein, of Chi­ Roads. cago; of Columbia Lodge, No.178, of Chicago, and of Fortschritt He also presented a petition of Washington State Grange, Lodge, No. 579, of Chicago, all in the State of illinois; of the Patrons of Husbandry, of La Center, Wash., praying that an Social Turn Verein, of Indianapolis, Ind.; of the German Soldiers' appropriation be made for the construction of State and county Aid Society, of Louisville, Ky.; of the Howard Relief Company, roads; which was refen·ed to the Committee on Agriculture and of Wilmington, N. C.; of the Deutsche Landwehr Verein, of Forestry. Omaha, Nebr.; of the German School S~ciety , of Manchester, He also presented a petition of the congregation of the Central N.H.; of the German Sick Benefit Society, of Lawrence; of Ros­ Methodist Episcopal Church, of Tacoma, Wash., praying for an lindale Lodge, No. 604, of Boston, and of Washington Lodge, of investigation of the charges made and filed against Ron. REED Clinton, all in the State of Massachusetts; of Humboldt Lodge, SMOOT, a Senator from the State of Utah; which was referred to No. 4, of Minneapolis; of Germania Rebekah Lodge, No.7, of the Committee on Privileges and Elections. Winona, and of St. Anthony's Turn Verein, of Minneapolis, all in He also presented a petition of the Chamber of Commerce of the State of Minnesota; of Goethe Tent, No. 207, of Bay City; of Everett, Wash., praying that an appropriation be made in aid of the German Aid Society, of Port Huron, and of the Deutsche the Indian school at Tnlalip Indian Reservation, in that State; EinheitsLodge,No. 645, of Kalamazoo, all in the State of Michigan; which was refen-ed to the Committee on Indian Affairs. of the German Maennerchor, of Cumberland, and of the Singing Mr. GAMBLE presented the petition of Norman A. Nelsen, of Society of Baltimore, in the State of Maryland; of the Teutonia Yankton County, S. Dak., praying for the establishment of a Singing Society, of St. Louis; of the Far West Lodge, of St. Louis; post-check currency; which "\fas referred to the Committee on of the Gesangsecktion Lieder~anz, of St. Louis; of the Baden Post-Offices and Post-Roads. -·

1238 CONGRESSIONAL RECORD-SENATE. J.A.NU.ARY 27,

He also presented a memorial of Local Union No. 153, Cigar He also presented a petition of the president and faculty of the Makers International Union, of SiouxFalls, S.Dak., remonstrat­ University of Maine, Orono, Me., praying for the enactment of ing against any change being made in the duty on tobacco im­ legislation converting the big-tree groves into national parks; ported from Cuba; which was referred to the Committee on Fi­ which was referred to the Committee on Forest Reservations and nance. the Protection of Game. Mr. CULLOM presented petitions of Williams Post, No. 25, of Mr. SIMMONS presented petitions of the Rehobeth Woman's Watseka; of Phil Sheridan Post, No. 615, of Oak Park; ofT. B. C~tian Temperance Union of Skinnersville; of the Rehobeth Lee Post, No. 692, of Orchardville; of Washington Post, No. 573, Woman's Christian Temperance Union of Creswell; of the of Chicago; of Dick Gilmer Post, No. 515, of Pittsfield, and of Woman's Christian Temperance Union of Elizabeth City; of the Farragut Post, No. 602, of Chiaago, all of the Department of illi­ congregation of the Methodist Episcopal Church South, of Sum­ nois, Grand AI·my of the Republic, in the State of.;lllinois, pray­ merfield; of sundry citizens of Winston, and of the Woman's ing for the enactment of a service-pension law; which were re­ Christian Temperance Union of Belvidere, all in the State of ferred to the Committee on Pensions. North Carolina, praying for an investigation of the charges made Mr. CULBERSON presented a telegram in the nature of ape­ and filed against Hon. REED SMOOT, a Senator from the State of tition from the Ministerial Association of Galveston, Tex., pmy­ Utah; which were referred to the Committee on Privileges and ing for the enactment of legislation providing fo1· the closing on Elections. Sunday of the Lewis and Clark Centennial Exposition; which was Mr. KEAN presented a petition of General WilliamS. Truex referred to the Select Committee on Industrial Expositions. Post, No. 118, Department of New Jersey, Grand Army of the Mr. CLAY. I present a petition from the mayor and general Republic, in the State of New Jersey, praying for the enactment council of the city of Atlanta, Ga., relative to the construction of of a service-pension law; which was referred to the Committee on an interoceanic canal across the Isthmus of Panama. The pe­ Pensions. titition is short, and I ask that it may be read and referred to the He also presented a petition of the congregation of the Presby­ Committee on Interoceanic Canals. terian Church of Laurel Springs, N. J., praying for an investiga­ There being no objection, the petition was read, and referred tion of the charges made and filed against Ron. REED SMOOT, a to the Committee on Interoceanic Canals, as follows: Senator from the State of Utah; which was referred to the Com­ Whereas for many years the people of our entire country have been mittee on Privileges and Elections. greatly interested in the building of an interocean canal across the Isthmus He also presented a petition of the congregation of the Reformed of Panama; and Whereas the Government of the United States has been unable to nego­ Church of Paramus, of Ridgewood, N.J., praying for the enact­ tiate a treaty with the Government of Colombia for the building of such ment of legislation to prohibit the sale of intoxicating liquors in canal; and all Government buildings; which was referred to the Committee Whereas the State of Panama has recently seceded from the Colombian Government and has established an independent government under the name on Military Affairs. of the Republic of Panama; which independent government is an accom­ He also presented a petition of the congregation of the Reformed plished factl and has been recognized by the United States and many other Church of Paramus, of Ridgewood, N.J., praying for the enact­ nations; ana Whereas there is now pending before the United States Senate for ra.tifi­ ment of legislation to prevent nullification of State liquor laws CH.tion a treaty negotiated with said newly established Republic, the ratifi­ and no-license ordinances by so-called " original packages" and cation of which would enable the United States Government to speedily other" interstate-commerce" tricks; which was referred to the commence the building of said canal: Committee on the Judiciary. Resolved by the m.ayo-r and gene1·al council of the city of Atlanta: 1. That we believe the building of said canal by our Government is one of Mr. SPOONER presented petitions of the Woman's Missionary the greatest needs of the age, that it will be of vast importance to the com­ Society of the Presbyterian Church of Racine; of the Coterie merce of the world, and will do much to strengthen the position of the United Club, of Darlington; of sundry citizens of Barrow, and of the States Government as one of the great nations of the earth, and will be of great benefit to the city of Atlanta, the State of Georgia, and the entire South. Young Woman's Christian Association of Platteville, all in the 2. That we respectfully but earnestly urge the Hon. A. 0. BACON and the State of Wisconsin, praying for an investigation of the charges Bon. A. S. CLAY, members of the United States Senate from Georgia, to do ma(le and filed against Hon. REED SMOOT, a Senator from the all in their power to speedily reconcile the differences existing in the Senate relative to said treaty, and that we respectfull}" but earnestly urge each of State of Utah; which were referred to the Committee on Privi- t)1em to vote for the ratification of said treaty when it comes to a vote in the leges and Elections. - United States Senate. He also presented a. petition of J. B. McPherson Post, No. 27, 3. That a copy of these resolutions under the seal of the city be mailed to Department of Wisconsin, Grand Army of the Republic, of Lake each of said Senators by the clerk'of this council. GEORGIA, FULTON CoUNTY, City of Atlanta: Gene.va, Wis., a.nd a petition of George D. Eggleston Post, No. I, W. J. Campbell, clerk of council of the city of Atlanta, do certify that the 133, Department of Wisconsin, Grand Army of the Republic, of foregoing ts a true copy of a resolution adopted by the general council on Appleton, Wis., praying for the en~ctment of a service-pension January 20, 19<», and approved by the mayor of said city on J anuary 2'2,1004:. law; which were referred to the Committee on Pensions. In testimony whereof witness my signature and seal of office this January ~~ . Mr. LONG (for Mr. BURTON) presented a memorial of the [SEAL.] W. J. C.A....\IPBELL, Clerk of Council. Grain Dealers' Association of Topeka., Kans., remonstrating Mr. BARD presented a petition of the Manufacturers and Pro­ against the enactment of legislation providing for the inspection ducers' Association of California, praying for the adoption of the of grain bythe National Government at terminal markets; which metric system of weights and measures; which was referred to was referred to the Committee on Agriculture and Forestry. the Select Committee on Standard Weights and Measures. He also (for Mr. BURTON) presented a petition of Local Council He also presented a petition of the board of trustees of Alameda, No. 76, United Commercial Travelers, of Leavenworth, Kans., Cal., praying that an appropriation be made for the improvement praying for the adoption of an amendment to section 64 of the of Oakland Harbor, in that State; which was referred to the Com­ present bankruptcy law; which Was referred to the Committee on mittee on Commerce. ~h~~ . He also presented a petition of the Manufacturers and Producers' He also (for Mr. BURTON) presented a petition of Fanagut Association of California, praying for a revival of the American Post, No. 602, Department of illinois, Grand Army of the Repub­ merchant marine; which was referrtd to the Committee on Com­ lic, of Chicago, ill., praying for the enactment of a service-pension merce. law; which was referred to the Committee on Pensions. Mr. PENROSE presented a petition of the Board of Trade of He also (for Mr. BURTON) presented a petition of the Woman's Philadelphia, Pa., praying for the enactment of legislation ap­ Christian Temperance Union of Kansas City, Kans., praying for proving the proposition for an Anglo-American treaty of arbitra­ an investigation of the charges made and filed against Hon. REED tion and conciliation for the settlement of all questions between SMOOT, a Senator from the State of Utah; which was referred to the United States and Great Britain; which was referred to the the Committee on Privileges and Elections. Committee on Foreign Relations. · Mr. PATTERSON presented a petition of the congregation of He also presented a petition of the Universal Peace Union of the Capitol Hill Baptist Chnrch, of Denver, Colo., praying for Philadelphia, Pa., praying for the enactment of legislation au­ the enactment of legislation to prohibit the sale of intoxicating thorizing the Pre ident of the United States to invite the govern­ liquors in all Government buildings and grounds; which was re­ ments of the world to join in establishing a regular international ferred to the Committee on Military Affairs. congress; which was referred to the Committee on Foreign Rela­ He also presented a petition of the Christian Citizenship Union tions. of Denver, Colo., praying for the enactment of legislation to reg­ He also presented a petition of the Board of Trade of Phila­ ulate the interstate transportation of intoxicating liquors; which delphia, Pa., praying for the enactment of legislation providing was referred to the Committee on the Judiciary. for the upbuilding of the American merchant marine; which was He also presented a petition of the Mesa Woman's Christian referred to the Committee on Commerce. Temperance Union, of Pueblo, Colo., and a. petition of sundry Mr. HALE presented a petition of the Central Labor Union of citizens of Philadelphia, Pa., praying for an investigation of the Portland, Me., praying for the enactment of legislation to modify charges made and filed against Ron. REED SMOOT, a Senator from the present immigration law so that it shall apply only to such the State of Utah; which were referred to the Committee on Privi­ per ons as believe in and advocatil violence; which was referred leges and Elections. to the Committee on Immigration. He also presented petitions of Butler Post, No. . 91; of Post No. 1904. CONGRESSIONAL RECORD-SENATE. 1239

13; of Post No. 54, and of Post No. 85, all of the Depa1·tment of the amendment submitted by Mr. NELSON on the 20th instant, Colorado and Wyoming, Grand Army of the Republic, praying proposing to appropriate $4,926.67 for compensation to the own­ for the enactment of a service-pension law; which were referred ers of the Norwegian steamship Nicaragua for damage to said to the Committee on P ensions. owners by reason of the rescue of an American citizen, John Mc­ Mr. McLAURIN presented sundry papers to accompany the Cafferty, and the consequent quarantine of said ship at Mobile, bill (S. 1195) for the relief of the estate of A. W. McAllister, de­ Ala., in 1894, intended to be proposed to tbe general deficiency ceased; which were referred to the Committee on Claims. appropriation bill, submitted a favorable 1·eport thereon, and He also presented srmdrypapers to accompany the bill (S. 3187) moved that it be referred to the Committee on Appropriations for the relief of the heirs of William Hunt, deceased; which were and printed; which was agreed to. referred to the Committee on Claims. Mr. MARTIN, from the Committee on Claims, to whom was referred the bill (S. 483) for the relief of the owners and officers· REPORTS OF COMMITTEES. of the brig Olive Frances, and others on board said brig, reported Mr. LODGE, from the Committee on Foreign Relations, to it without amendment. whom was referred the amendment submitted by himself on the 25th instant, proposing to appropriate $10,000 for inspection of PROTECTION OF FUR-SEAL HERD OF ALASKA. consulates, intended to be proposed to the urgent deficiency ap­ Mr. FORAKER, from the Committee on Foreign Relations, to propriation bill, reported favorably thereon and moved that it be whom was referred the resolution submitted by Mr. DILLINGHAM .printed, and, with the accompanying papers, referred to the Com­ November 20, 1903, and referred to that committee, reported it mittee,on Appropriations; which was agreed to. without amendment; and it was considered by unanimous consent, Mr. CULLOM, from the Committee on Foreign Relations, to and agreed to, as follows: whom was referred the me sage from the Pre ident of the United Whereas the concurrent regulations ordered by the tribunal of arbitra- • States transmitting a report from the Acting Secretary of State tion and published August 16, 1893, for the protection and preservation of the fur-seal herd of Alaska, under authority of the treaty of Washington, relating to the claim of Messrs. Sivewright, Bacon & Co., of Man­ February 29, 1892; have been found after ten years of faithful enforcement chester, England, British subjects, for compensation for damages and trial wholly insufficient to serve the purpose for which they were created; sustained by their vessel, the British steamship Eastry, in con e­ and . Whereas this failure of these concurrent regulations, if not corrected at qnenee of collisions in June, 1901, at Manila, with certain coal once, will result in the immediate and complete extermination of the fur-seal hulks belonging to the United States, asked to be discharged from species in Alaska: 'l'herefore, be it . its further consideration, and that it-be referred to the Committee Resolved, That it is the sen.<~e of the Senate of the United States that the Government of Great Britain be requested by the Secretary of State to unite on the Philippines; which was agreed to. with the Government of the United State3, without undue delay in a revision He also, from th:; same committee, to whom was referred the and amendment of the concurrent regulations now in force for the protec­ amendment submitted by Mr. SCOTT on the 25th instant, propos­ tion and preservation of the fur seals of Alaska, duly established and known as the award of the tribunal of arbitration at Paris, August 16, 1893; and be it ing to change the grade of the consulate at Buenos Ayres, Argen­ further tine Republic, from Class IV, Schedule B, at $2,500 a year, to the Resolved, That this r equest of our Government for the revision of said grade of consulate-general, at $3 500 a year, intended to be pro­ regulations shall be made at once, so that the British Government shall have a reasonable length of time in which to consider the same before the next posed to the diplomatic and consular appropriation bill, reported pelagic-sealing season opens in February, 1904.. favorably thereon, and moved that it be referred the Commit­ to UTAH SENATORIAL INVESTIGATION. tee on Appropriations and printed; which was agreed to. He also, from the same committee, to whom was referred the Mr. KEAN. I am directed by the Committee to Audit and amendment submitted by Mr. NELSON on the 25th instant, pro-· Control the Contingent Expenses of the Senate, to whom was re­ posing to increase the salary of the consul-general at Rotterdam, ferred the resolution reported on the 25th instant by the Senator Netherlands, from $2,500 to $3,000, intended to be pr9posed to the from Michigan [Mr. BuRRows] from the Committee on Privi­ diplomatic and consular appropriation bill, reported favorably leges and Elections, to report it with an ~mendment, and I ask thereon, and moved that it be referred to the Committee on Ap­ for its present consideration. propriations and printed; which was agreed to. The Senate, by unanimous consent, proceeded to consider the He also, from the same committee, to whom was referred the resolution. '- amendment submitted by Mr. NELSON on the 20th instant, propos­ The amendment of the committee was, in line 6. after the word ing to change the grade of the consulate at Odessa, Russia, from " Senate," to strike out the words " and during the recess of Con­ Class IV, Schedule B, to Class III, of the same schedule, reported gress;" so as to make the resolution read: favorably thereon, and moved that it be referred to the Committee Resolved, That the Committee on Privileges a.nd Elections of the Senate, or any subcominittee thereof, be authorized and directed to in,..vestigate the on Appropriations and printed; which was agreed to. ri~ht and title of REED S:uooT to a seat in the Senate as Sentltor from the He also, from the same committee, reported an amendment State of Utah; and said committee or any subcommittee thereof, is author­ proposing to appropriate $40,000 for the erection of new buildings ized to sit during the sessions of the Senate, to employ a stenographer to send for persons and papers, and to administer oaths; and that the expense for legation purposes at Seoul, Korea, intended to be proposed to of the inquiry shall be paid from the contingent fund of the Senate upon the diplomatic and consular appropriation bill, and moved that vouchers to be approved by the chairman of the committee. it be printed, and, with the accompanying papers, referred to the The amendment was agreed to. Committee on Appropriations; which was agreed to. The resolution as amended was agreed to. Mr. WARREN, from the Committee on Claims, to whom was referred the bill (S. 677) for the relief of the legal representatives BILLS .AND JOINT RESOLUTIONS INTRODUCED. of A. G. Boone, reported it without amendment, and submitted M.r. TALIAFERRO introduced a bill (S. 3869) for the extension a report thereon. of Albemarle street; which wa read twice by it title, and re­ Mr. STEWART, from the Committee on Claims, to whom was ferred to the Committee on the District of Columbia. referred the bill (8. 1779) for the relief of Caroline Murtagh, He also introduced a bill (S. 3870) granting a pension to George widow of the late WilliamJ. Murtagh, formerly proprietor of the W. Lewton; which was read twice by its title, and, with the ac­ • National Republican, of Washington, D. C., reported it with an companying papers, referred to the Committee on Pensions. amendment, and submitted a report thereon. Mr. MORGAN introduced a bill (S. 3871) for the relief of the He also, from the same committee, to whom was referred the estate of David Crowell, deceased; which was read twice by its bill (S. 176) for the relief of Jewett W. Adams, reported it with­ title, and referred to the Committee on Claims. out amendment, and submitted a report thereon. He also introduced a bill (S. 3872) granting an increase of pen­ Mr. TALIAFERRO, from the Committee on Claims, t-0 whom sion to Narcissa Tait; which was read twice by its title, andre­ was referred the bill (8.1941) for the relief of W. R. Austin & Co., fened to the Committee on Pensions. reported it with an amendment. and submitted a report thereon. Mr. McLAURIN introduced a bill (S. 3873) granting a pension Mr. BARD, from the Committee on Public Lands, to whom was to C. R. Beardslee, alia.s Charles P. Barclay; which was read twice refArred the bill (S. 2223) providing a means of acquiring title to by its title, and referred to the Committee on Pensions. two groves of Sequoia gigantea. in the State of California, with Mr. SIMMONS introduced the following billa; which were sev­ a view to making national parks thereof, reported it with an erally read twice by their titles, and referred to the Committee amendment. and submitted a report thereon. on Claims: l\1r. GAMBLE, from the Committee on Public Lands, to whom A bill (S. 3874) for the relief of Calvin J. Cowles; was referred the bill (8. 579) to regulate the use by the public of A bill (S. 3875) {or the relief of Sidney Maxwell; reservoir sites located upon the public lands of the United States, A bill (S. 3876) for the r!3lief of Thoma-s Monteith; and reported it without amendment, and submitted a report thereon. A bill (S. 3877) for the relief of Sylvester Dibble. Mr. CLAPP, from the Committee on Education and Labor, to :Mr. SIMMONS introduced a bill (S. 3878) granting an increase whom was referred the bill (S. 3479) making provision for con­ of pension.to George Coffee; which was read twice by its title, veying in fee certain public grounds in the city of St. Augustine, and referred to the Committee on Pensions. Fla., for school purposes, reported it with an amendment, and He also introduced a bill (S. 3879) granting an increase of pen­ submitted a report thereon. sion to C. Q. Lemmond; which was read twice by its title, andre­ He also, from the Committee on Claims, to whom was referred ferred to the Committee on Pensions. 1240 CONGRESSIONAL RECORD-SENATE. JANUARY 27,

Mr. ALGER introduced a bill (S. 3880) granting an increase of rate the American National Institute (Prix de Paris) at Pari~, pension to Michael Sheehy; which was read twice by its title, and France; which was read twice by its title, and, with the accom­ referred to the Committee on Pensions. panying papers, which were ordered to be printed, referred to the He also introduced a bill (S. 3881) granting an increase of pen­ Committee on Foreign Relations. lion to James B. Judson; which was read twice by its title, and AMENDMENTS TO APPROPRIATION BILLS. referred to the Committee on Pensions. Mr. MILLARD introduced a bill (S. 3882) granting an increase Mr. PENROSE submitted an amendment proposing to amend of pension to Armour W. Patterson; which was read twice by its section 8857 of the Revised Statutes of the United States, relating title, and referred to the Committee on Pensions. to the designation of post-offices at the intersection of mail routes Mr. SCOTT introduced a bill (S. 3883) for the construction of a and termini of rural free-delivery routes as distributing or sepa­ conduit for the waters of Rock Creek, and for other purposes; rating offices, intended to be proposed by him to the post-office which was read twice by its title, and referred to the Committee appropriation bill; which was ordered to be printed, and, with on the District of Columbia. the accompanying paper, referred to the Committee on Post­ Mr. PENROSE introduced a bill (S. 3884) granting an increase Offices and Post-Roads. of pension to ThomasJ. Young; which wa.s read twice by its title, Mr. MITCHELL submitted an amendment proposing to appro­ and referred to the Committee on Pensions. priate $1,700 to pay Charles Smith, late deputy collector of cus­ He also introduced a bill (S. 3885) granting a pension to Robert toms at Circle City, Alaska, compensation as such from October J. Campbell; which was read twice byitstitle,andreferred tothe 1, 1898, to March 31, 1899, and for traveling expenses incJrred • Committee on Pensions. during said period, intended to be proposed by him to the mgent Mr. PATTERSON (by request) introduced a bill (S. 3886) to deficiency appropriation bill; which was referred to the Commit­ establish a national military park at Fort Reno, D. C., and for other tee on Appropriations, and ordered to be printed. purposes; which was read twice by its title, and referred to the CORRESPONDENCE RELATIVE TO PAN.AKA. TREATY. Committee on Military Affairs. · He also introduced a bill (S. 3887) granting an increase of pen­ Mr. MORGAN submitted the following resolution, which was lion to Charles J. Clark; which was read tWice by its title, and re~: . referred to the Committee on Pensions. Resolved, That the Secretary of State is directed to send to the Senate a copy of a dispatch or letter, dated January22,1~, r ela.tingtothewithdrnwal He also introduced a bill (S. 3888) granting an increase of pen­ or abandonment of all amendments to the Hay-Varilla treaty, which was sent sion to George W. Neely; which was read twice by its title, and by the minister of the United States at Panama to John IDi.y, Secretary of referred to the Committee on Pensions. State, in which the re~sons for withdrawing the same are stated by Mr. Mr. McCREARY introduced a bill (S. 3889) for the relief of Buchanan. minister to Panama. the heirs of William L. Waddy, deceased; which was read twice The PRESIDENT pro tempore. Does the Senator from Ala­ by its title, and referred to the Committee on Claims. bama desire action upon the resolution? He also introduced a bill (S. 3890) granting an increase of pen­ Mr. MORGAN. I prefer that the resolution should be printed sion to J. N. Culton; which was read twice by its title, and re­ and lie over until to-morrow. ferred to the Committee on Pensions. The PRESIDENT pro tempore. The resolution will be printed Mr. GALLINGER introduced a bill (S. 3891) for the relief of and go over. Georgie A. Williams; which was read twice by its title, andre­ HYGIENIC CONDITIO:NS, ETC., ON ISTHMUS OF PANAMA. ferred to the Committee on Foreign Relations. Mr. HALE introduced a bill (S. 3892) to-authorize the President Mr. MORGAN submitted the following resolution, which was to appoint Gen. A. S. Daggett to the grade of major-general in read: Resolved, That the following official documents, and the hearings before the United States Army Qn the retired list; which was read twice the Committee on Interoceanic Canals in 1002, and the statements of Merrill by ita title, and referred to the Committee on Military Affairs. A. Teague, special correspondent of the Montgomery Advertiser, herein set He also introduced a bill (S. 3893) granting an increase of pen­ forth, are referred to the Committee on Public Health and Nationa.l Quaran­ tine, with the instl'UCtions that said committee inquire into the verity of said sion to John L. Rogers; which was read twiee by its title, and statements a.s to the hygienic conditions of the reg10n between Colon and the referred to the Committee on Pensions. city of Panama and in said cities, especially with refm·ence to the regulation Mr. BATE (by request) introduced a bill (S. 3894) granting a and control of labor on the canal proposed to be constructed across the Isth­ mus of Panama by the United States, namely: pension to W. H. Fitzgerald; which was read twice by its title, The following extract from the report of the Isthmian Canal Commi3sion and referred to the Committee on Pensions. of the 16th of November,1001, on pages 170 and 171 thereof: He also (by request) introduced a bill (S. 3895) granting a pen­ "The climate of the i.stb.m.ian canal regions is generally damp and ener­ sion toW. E. Sharp; which was read twice by its title, andre­ vating. The temperature is not erlreme, rarely r:ising as high as M0 or fall­ ing ~low 700, ~ut the excessiv-e humidity greatly restricts the capacity for ferred to the Committee on Pensions. phyBlcal exertion. The lowlands near the coast ha>e long been known as in­ Mr. LONG (for Mr. BURTON) introduced the following bills; salubrious, and the sea. ports are subject to fevers. Perhaps the greatest dif­ ficulty to be encountered in the construction of the canal will be the procure­ which were severally read twice by their titles, and referred to ment of an adequate force of laborers and the preservation of their heJ.lth the Committee on Pensions: and efficiency. A bill (S. 3896) granting an increase of pension toR. F. Nugent; "In this respect the Panama route has a lngubrious history from which the Nicaragua route is free. The notorious mortality which attended the A bill (S. 3897) granting an increase of pension to G. H. Adams construction of the Panama Railroad and later the operation of the Panama (with accompanying papers); Canal Company has taught a l~n which will not soon be forgotten"for that A bill (S. 3898) granting an increase of pension toNoahC. Stand­ route. Among the white employees of this Commission sent to Nicarazua there were fewer cases of sickness than there would probably have been iford; among the samenumberof men employed in some parts of the United States. A bill (S. 3899) granting an increase of pension to Michael Among those sent to Panama the proportion of sickness was IP'eater. McKenzie; "On the Nicar~aline during the operations of the Maritime Canal Com­ pany the health of the force was reported to be ~ood. These operations, how­ A bill (S. 8900) granting an increase of pension toP. P. Braay; ever, were of a. preliminary character, employmg but a. limited number of and men. It is probable that when ten or twenty thousand men are assembled A bill (S. 3901) granting pensions to officers and enlisted men and the rank soil is being turned up over a. widely developed line of works the experience will be different. of the Eighteenth Battalion and Nineteenth Regiment Kansas "There are some slight diffe1·ences of climate. In Nicaragua the trade Volunteer Cavalry who served thirty days or more in the Sioux winill! are more regular than nt Panama tempering the heat and r emoving Indian war in 1867, 1868, and 1869, and for other purposes. miasma more effectively; but, on the other hand, the rainfall is great'3r at Nicaragua, at least for the east side, and the resulting humidity is greater. Mr. BALL introduced a bill (S. 39_02) granting a pension to Both are covered with the rank vegetation peculiar to tbe Tropics, and George F. Smith; which was read twice by its title, and referred swamps abound in both. The lessons taught at Panama should be heeded for to the Committee on Pensions. Nicaragua. also. ' "It is stated by Mr. Bunan-Varilla., at one time chief engineer of the old Mr. FULTON introduced a bill (S. 3903) for the relief of the Panama Canal Company, that out of 100 individuals sent to the Isthmus not Lower band of Chinook Indians of the State of Washington and more than 20, as an average, could remain there, and even these lost a part the Kathlamet band of Chinook Indians of the State of Oregon; of their value. The negro alone could perform manual labor; the whit~ man must supervise and direct. After costly and fatal experiments with other which was read twice by its title, and referred to the Committee ra.ces the company ceased sending to the Isthmus as laborers any but native on Indian Affairs. Colombians and negroes from the British Antilles, particularly Jamaica. Mr. MARTIN introduced a bill (8. 3904) for the relief of The Panama Railroad Company grants to its white employees from the United States two months' leave of absence each year, with transportation Walter H. Taylor, administrator of Richard Taylor, deceased; to their homes. · which was read twice by its title, and referred to the Committee "Careful selection, including physical examination, of persons sent to the on Claims. Isthmus, a well-organized hospital service, an efficient sanitary supervision of camps and barracks, a rigid quarantine service, a liberal wa.tersupplyand MJ.·. PROCTOR introduced a joint resolution (S. R. 84) author­ sewerage system, with the authority and the police force necessary to enforce izing the Secretary of War to receive for instruction at the Mili­ the rules, and regular leaves of absence to white employ~es, are among the tary Academy at West Point Alfonso Zelaya, of Nicaragua; requirements for a successful prosecution of the work, a.nd will probably be found necessary at either pla.ce." which was read twice by its title, and referred to the Committee And the following extract from Senate Document No. 48, being a. part ot on Military Affairs. the report of Consul-General Gudger to the Department of State, and incor­ Mr. FRYE introduced a joint resolution (S. R. 35) to incorpo- porated in a report to Surgeon-General Lyman, dated November 23, 1003: 1904.- CONGRESSIONAL RECORD-SENATE. 1241

that we shall have to solve. Foremost among these is that of applying the laws of sanitation to the Ist1hnus and of forcing obedience to these laws. Of that problem I have ah·eady written exhaustively. The other most serious one deals with the question of labor. "There has been, ever since the Republic was established, a very deter­ mined agitation against the importation of Chinese coolies for ~e ~nal work. The araument is advanced that the Isthmus and the West India islands can furnish all the labor neces...c:ary. This is, of course, fatuous. It does not , how­ ever, deter the leading spirits in the Repu_blic from v~ry vigorously insisting upon the passage at an early date of~ Chmese exclusiOn a~. fhe Stn.r and Herald official organs of the Republic, have demanded editonally the pas­ sage of' such an act, and Doctor Amador is understood to strongly favor the proposition.. "This opposition is purely s~lfish. There is no labor on th~ Isthmus t~t would be deprived of opportumty through the presence of Chinese· there lS no society here that would be contaminated more than con~'tmination h:ts already been spread by the coolies. Thoy are, however, a serious men2.ee to merchants, large a.I;19- small. The French canal compa!ly brought ~oolie labor in large quantities to the Isthmus. Those that surVIved the pestilence which raged in those days have gone into business and so developed tha.t they now control in a large measure both retail and wholesale vending at Po.::1ama, Colon, and between these two cities. Here in Colon they almost entirely Deaths during the monopolize the regular local trade, and at Panama they have come to be a year 1001 ------81 (8 64 72 70 95 108 119 125 115 150 153 1,ro1 powerful fa,ctor. In the 47 miles across the Isthmus their command upon Yellow fever------· 4 1 2 2---- 1 1 .... ------11 trade is practically complete. Smallpox------______1 4 4 3 13 15 19 17 25 20 121 "The ability of these people to live cheaply is more pronounced here than Typhoidfever______9 7 8 6 ~ 7 7 12 18 15 12 U 121 it is in any otp.er country outf:ride of China. The item of clo!Jring !J3 almost Tu~rcl?losis __ ----- 13 3 ~ g t .. ~ ~ ---~ ~ 1~ 1~ M ~ entirely eliminated from therr expense accounts. Here, as m Cl:\i.na, they conduct their little 'pigeons' in the front of the buildings_ they occupy as ~;~~firy:~:::::::: 1~ ~ 2 5 5 4 13 7 8 2 7 10 75 residences. Fuel\ except for small charcoal fires for cooking, 1s never re­ Deaths during the quired and an able-bodied Chinaman can feed himself on the Isthmus at the year 1002 ______138 127 136 126 133 232 281 202 2~ 31,! ~ ~! 2,fJ expenSe of a few pennies a day. In consequence they can undersell any of Yellow fever------4 2 H 33 28 1"' 00 fA} ._., the other merchant." on the Isthmus, especially as they import largely and Smallpox______40 43 46 ro 17 3 4 2------1 176 directly from China. Typhoid fever ----- 7 8 9 5 6 10 15 10 12 ro 12 4 118 "These advantages, with that clannishness 9haracteristic of the yellow Tuberculosis______5 18 10 1.2i 12 14 12 16 15 15 15 1Q 154 race strike terror to the hearts of the CaucaSian merchants. They know Beriberi______2 2 1 5 1 3 1 2 2 ~~ M ~ ~ that'millions of dollars will be disbursed here in wages, to flow later through Dysentery------9 3 9 15 29 47 49 31 37 (J\J " the regular channels of trade. They are afraid that if coolies are brought Deaths during the n here to form a majority of the wage-earners they will patronize the Chinese year19Q3 ______001 123 118 62 94 98 1.... 107 117 99 125 1,144 (8 merchants exclusively, thereby depriving local Caucasian merchants of the Yellow fever------10 7 5 1 3 3 4 11 3 1 riches they hope to accumulate. This fear is, of course, well founded, but Tuberculosis_-----_ 1 ------1 3 --g- -T 1 1 7 what alternative offers? Beriberi______4 4 3 2 5 J 3 31 11 "WEST INDIANS POOR LADORERS. Dysentery ------·- ~ 1~ ~ 112 8 104 4 6 fg 110 t 45 "The Panamaians say the United States should employ native and West 12 13 u 3 11 ··a· 1 6 2 3 76 Indian negro labor. That sounds like a sensible proposition, but unfortu­ nately the negative contention weighs down the affirmative. In the first It ;m be remembered that during the period COJ?.prised in _this report place, the native labori if such a thing can be said to exist, is absolutely there has been in progress an internal war.. The soldiers, many m number, worthless. The native aborer is lazy, shiftless irresponsible, and generally sent from higher altitudes have died. This has greatly swelled the death of no account. Why should he toil in sun-baked or rain-flooded trenches for eight hours a day when he can live as well as he wishes to live by idling all ra.~~tract from the report of health officers to the Bureau of Marine-Hospi­ the time, trapping his meat and going into the forest and jungle for vege­ tal Service in June, 1901: table supJ?lies? "PAN...UU. "That lS a question the opponents of ~oly lab~r do not answer. It .is a question they can not answer, for the natives dunng the score of years smce "The city of Panama, a town of 15,000 inhabitants, is si~t.ed upon an el~ the canal work was started, have answered it so effectively that none save vated point of land jutting int-o Panama Bay. The town lS Irregularly la1d the locally selfish lon~er consider the native element. Even if the natives' out, With narrow, crooked streets, cobblestoned, and ~lthy. The houses are tendency was in the direction of good service in return for a fair wage, they Spanish in architecture in the least bad part of the City, and the rest of the could not be considered, fo:r. there are not enough of them available to con­ town is made up of wooden shacks in all stages o~ decay. There are two stitute a small division of the immense corps of laborers that will be required small sewers in the place ht?-t they are connecte9- Wlt!I only a fe..y of ~he best to complete the canal within a reasonable time. houses. There is an inSUffimen twater supply of infenor water, piped m from "AB for the other plan-that of bringing West Indian negroes to the Isth­ a river some distance back in the country. mus-it is advanced without any intelligent idea as to its practicability. The "The population is a cosmopolitan set, the leavings of the old canal con- stock argument used by its champions and the opponents of coolie importa.­ • struction. Sixty per cent being Jamaica negroes accounts for most of the tion is that these negroes et.and the climate better than does any other class. filth in the town. - . That is true. During the period of active work by the French every class o'l "The harbor is situated at the head of the bay, about 2 miles from the labor known to large employers was called into service, and the West Indian town, and is protected by several s~ll islands. The sanita;cy co~dition of negro proved more efficient and better adapted to the climate than did any the anchorage is naturally J?Elrfect, berng swept by a 16-foot tide daily. TJ;te other-that is, for a season. He did then, and will now, live longer on the island nearest the shipping IS inhabited by the employees of the steamship Isthmus than will the Chinese, Maylayans, Africans, Syrians, or any other. companies-laborers, stevedores, and coal passers. "For a little while he will work steadier and accomplish more than will " '!'here is constant communication between this island and Panama, and the other classes, but his inherent shiftlessness soon overcomes him in this daily intercourse wi~h the. shipping. Yellow f~ver ~ end:emic in Panama, enervating climate, and he laiJses into an idleness from which it is almost sporadic cases occurrmg at rntervals, and becommg ep1dem1c whenever there impossible to arouse him. Add to this the fact that he is naturally most im­ is an immigration of nonimmunes during favorable atmospheric conditions. moral courting rather than shunning the most loathsome afflictions, prone "Panama is the point of distribution and collection of all passengers and to deb'ilitating excesses and especiallY. fond of dedicating his nights t-o wild freight of the Pacific coast destined across tp.e_Isthmus. It is the k!"Y to ~he revelry and the worst carouses, and It will be seen that the temporary ad­ quarantine situation of the west coast, and if It was not a focus of infection vantages resulting from his labor is more than offset by the harm he does itself many epidemics on the Atlantic side could be averted by proper quar­ himself and to society in general. The Isthmus has as many of these idle and antine regulations. improvident West Indians as it has any use for. To bring more would only "The houses of Panama are so constructed and of such material and so increase the sociological problem that will sooner or later have to be solved. filthy that a general conflagration would be the only safe means of disinfec­ tion. I can not conceive of any other means by which the infection could be "NEGROES NOT PROCURABLE. eradicated. "Besides this phase of theWest Indian negro problem there is that one of "COLON. securing this class of laborers. The former efforts to construct this canal re­ "Colon the northern terminus of the Panama Railroad, is builtin a swamp sulted in a heavy depopulation of the West Indian Islands. Should we deter­ on made ground, and is populated by 3,000 people, 70 p~r cent being Jamaica mine to use these negroes in our attempt we could easily exhaust those islands and other kinds of negroes. Th~ p~operty of the railroad and canal c~m­ of able-bodied men. Their champions say they can be secured in limitless pany is drained and sewered and lS Sitnated on the water front. Everything quantities. That is entirely false. When we have grappled with the task of about the comp::my's property looks clean and well kept, but the rest of the building the canal and gotten it under full swing, we shall need almost in­ town is not so clean nor well kept. numerable thousands of laborers. "The houses are of wood and generally dirty. There are no sanitary ar­ "The most optimistic estimates are that with ro,IXX> men we can complete rangements of any kind, and the population is crowded into small rooms, as the waterway in eight years. It is more reasonable to presume that 50,000 only Jamaica negroes can live. . men will have it ready to open in ten years, for if there is one thing we mnst •· The streets are in fair condition, macadamized, and are on a higher plane avoid, if we would succeed where the French failed, it is the undue optimism than the adjoining lots. In the wet seasons pools are formed under the which cursed the whole French effort. Should we determine to prosecute houses and serve as breeding places for frogs, if nothing else. Rain water is the work steaq.ily throu~h eve~y twenty-four holl!s of the day l?Y using elec­ collected in barrels and cisterns, and during the wet season the water supply tric lights at mght--a. thing which, by the way, engrneers and samtary experts is good and sufficient. During the dry season many of the cisterns run drx, recommend-the time required for building the canal might be reduced one­ and the water supply is hauled in from Monkey Hill in tank cars by the rail­ half, but the corps of laborers required would be trebled in size. r oad. This supply is not good. "If we estimate the number in this corps by taking the mean of the esti­ '' No history of the sanitary condition or the mortality of Colon can be had. mates given, respectively, by the optimistic and the pessimistic, we. sh~ll Some of the old inhabitants tell blood-curdling tales of the death rate during probably hit about the figure fact will demonstrate as necessary. This will the flush days of the canal construction, but the old inhabitants will not do be 30,000 men, with constant recruits to fill the vacancies left by disease and for statistical purpos~. It w~s well kno~ that th~ death rate was enor­ death, with the forces work;iug an eig:qt-hour l?hifi! ~ day_. One hun~red mous, but it would be mteresting to know JUSt what 1t was." thousand will be the number if the working day IS diVIded mto three mght­ And the statement of l'lle1Til.l A. Teague, as follows: • hour shifts. The West Indian Islands could not supply the '3II1aller number, "~PROBLEM OF SECURING LABOR-COOLIES ARE OBNOXIOUS TO PANA­ to say nothing of the lar~er. MA'S CITIZENS AND WEST INDIANS ARE UNRELIABLE AS WORKERS. "Only those West Indians to whom the wages offered would prove a mag• [By Merrill A. Teague, special correspondent of the Advertiser.] net could be employed for this work; those who now earn more on their native islands than the canal contractors will pay could not be imported. "COLON, December 29, 19o:J. Now, the standard rate of wages for ordinary manual labor on the Isthmus "If the American plans for an interoceanic canal offer no serious or for­ is $2.ro (Colombian silver) a day. It will probably never be any higher, for bidding engineering difficulties, there are other problems grave in character should the Republic fix an arbitrary ra. te of exchange at two for one, o.s is now 1242 CONGRESSIONAL RECORD-SENATE. JANUARY 27, proposed, this wage will be equal to $1.10 gold a day. Certainly the contrac­ "Such are the general aspects of the labor problem as it will be presented tors on the canal will not pay more than this sum. by the ratification of the canal treaty. This problem we shall have to face "Pe sons who have studied the problem of labor supply in the West Indies the moment that treaty becomes operative and our interests assume a vested fl·om the standpoint of the wage likely to be paid sax that, even if the gov­ nature. The advantages to result from the employment of cooly labor are ernments of the e i lands interpose no objection, it will not btl possible to ob­ as positive as are the disadvantages that would follow the engagement of any tain more than 15,000 men from this source. That paucity of supply would other class of workers. The patent inability of our Government to use either seem to settle the West Indian negro as a factor in the labor to be required Caucasian or negro laborers from the States on the actual work of excava­ by the digging the canal, and conditions may be even worse than I have tion places the cooly proposition in a light entirely different from that in g:tven them, for since the estimate of 15,000 men was made railroad construc­ which it appears when the consideration is one of Chinamen going to the tion in So'.lth and Central America has taken many hundred , possibly thou­ States. sands, of negroea from the West Indies, esP.ecially from Jamaica. "Without, therefore, in any way compromising the stand it has taken on "How really serious this question is likely to become may be gathered the question ~f excluding the Chinese from our ?Wn country, our Govern­ from the fact that even .now, with hordes of negroes on the Isthmus living ment sho:rJ.d sit dow~ very hard ~po~ the suggestion that this new Republic in idleness, the Panama Railroad steamships are frequently com.Pelled dur­ pass a Chlnese-exclus10nact. This might as well be done now as at any time ing rush sea ons to stop at Fortune Island, halfway between Colon and New for even if we should start out with another idea., we shall sooner or latei~ York, and take aboard hundi·eds of negroes to augment the stevedore gangs be di·iven to realization of the fact that the cooly alone can solve the labor at this terminal. problem as it will appear in the construction of the canal." "COOLY LABOR MOST PREFERRED. ~d .that_said committee will consi~er and report su.ch other facts relating "This brings the labor problem back to the Chinese cooly, as no other to this mqUll'y that they may ascertam and may consider important and re­ class is available in numbers sufficient to meet the requirements of the under­ liable, taking. The most intelligent and best-informed students of this problem And, in view of the provisions of the Hay-Varilla treaty, now pendin~ in agree almo t unanimously in the judgment that before we shall have pro­ the Senate, that said committee will report to the Senate their concluiDons gressed very far in digging the canal we shall, no matter what our first in­ and recommendations as to any measure that is necessary for the proper gov­ tentions, be compelled to resort to the coolies. The Panamanian advocate of ern~ent Ortionof the pay of the United States to open negotiations with the Governments of roll was computed on the basis of piecework. Early on Friday afternoon be­ fore pay day these negroes would invariably quit work and, m anticipation Nicaragua and Costa Rica as required under the act of June 28, of receiving their biweekly wages, begin drinking. On Saturdays, when the 1902, providing for the construction of an interoceanic canal. money was handed over to them, there was no work at all. Mr. MORGAN. That resolution, Mr. President, has been sub­ "On Monday a few who had quickly exhausted their store of cash would sh·aggle back to work. Tuesday a few more would appear, but not until stituted by one of a later date, which has been referred to the Wednesday would the work be in fullswin~again, the intervening days hav­ Committee on Foreign Relations. I therefore withdraw the reso­ ing been spent by the gJ"eat majority in arunken revelry1 totally unfitting lution. them to return even on Wednesday to render full and efficient service. "No such difficulty as this, which we should have to expect with the West The PRESIDENT pro tempore. The resolution is withdrawn. Indian negroes employed, would be experienced with cooly labor. The coolies place too much value on money and are naturally too p1·ovident to RELATIONS WITH COLOMBIA. deplete their'earnings on account of lost time. The PRESIDENT pro tempore. The Chair lays before the Sen­ "LABOR MUST BE DEPORTED. ate the resolution submitted by the Senator from Georgia [Mr. "The last argument advanced by the champions of cooly labor is one we must not overlook. An immense population will be brought to the Isthmus ·BACON] on the 12th instant, which will be stated. · and maintained here dming the eight or ten years that will be covered by The SECRETARY. Senateresolution82, informing the President the construction work. When that work shall have been completed it will that the Senate favor and advise the negotiation of a treaty with be necessary for us to reduce the local population by removing the greater number of these laborers. With the canal in operation the railroad traffic the Republic of Colombia to satisfactorily determine and adjust will drop to almo t nothing, and there will be scant opportunity for any body all differences between the United States and Colombia growing of laborers, beRide that the native population will be able to provide, to find out of the recent revolution in Panama, etc. employment. We must, therefore, contemplate the necessity of expatriating this labor after ita usefulness has departed. Mr. BACON. Mr. President, by the courtesy of the Senate, on "Some of the laborers will, if West Indian negroes are employed, go into account of my necessary absence from the Chamber for sometime the wilderness, take up claims, and settle down to be self-supporting citizens past, that resolution has been permitted to lie upon the table sub­ of the Republic. Om· experience with the greater number would, however, I almost inevitably be the experience of the French-an experience which has ject, understood, to my call. I desire to say that if my physical crowded the line of the Isthmus with an idle, dissolute horde that contributes condition to-morrow shall permit, I will ask the leave of the Senate nothing whatever to the productivity of the country. to address to it some remarks relative to the resolution. "Should coolies be employed we could make it a stipulation of the con­ · The PRESIDENT pro tempore. The Senator from Georgia asks tracts under which they would be brought here that upon the completion of the canal the survivors should be returned to China; nor would we encounter unanimous consent that the resolution lie on the table, subject·to any serious trouble or r esistance from the coolies when it came to the task of his call? deporting them. With the We t Indian negroes deportation would be a prac­ Mr. BACON. Yes, sir. tical impossibility, and the ultimate effect of their employment would be to burden the isthmian Republic with a population of no earthly account in the The PRESIDENT pro tempore. Is there objection? The Chair longrun. hears none, and that order is made, ..

1904. CONGRESSIONAL RECORD-SENATE. 1243

CORRESPONDENCE WITH COLOMBIA, route, if possible to acquire title thereto within reasonable time." The circumstances antecedent to and contemporaneous with this The PRESIDENT pro tempore. The Chair lays before the expression of preference show that it was intended that this pref­ Senate the resolution heretofore submitted by the Senator from erence should be treated as vital, the only condition of defeasance Virginia [Mr. D A.NIEL], which will be read. being the failure to acquire title in reasonable time. The Secretary read the resolution submitted by Mr. DANIEL on Manifestly, Mr. President, by "reasonable time," as used in the 12th instant, as follows: this act, is not meant the reasonable time of the court-house. Resolved by the Senate, That the President of t.he United States be, and he That phrase when used in litigation, in civil controversies and I! hereby, requested, if in his opinion consistent with the public interest, to transmit to the Senate all correspondence between the Secretary of State transactions between man and ma.n has to do with the recurring and the representatives of the Government of Colombia which has taken terms of the courts and must be interpreted in the light of the place concerning our relations with that country since the revolution of No­ universal principle of swift justice and its corollary, a· speedy vem ber 4 in Panama and which has not been heretofore transmitted. trial. Mr. SIMMONS. Mr. President, I desire to make some remarks The phra-se "reasonable time" used in connection with this on that resolution. great transaction, which considered in relation to the great trans­ The PRESIDENT pro tempore. The Senator from North Caro­ actions of the world to-day is easily the greatest, the consumma­ lina is recognized. tion of which after half a century negotiation is still in the future Mr. SIMMONS. Mr. President, it is my purpose in the re­ in which all civilized mankind are profoundly interested, must marks which I shall submit upon the pending resolutions to make be interpreted in view of the supreme importance of the subject­ a statement of the facts of this Panama situation as I see them matter and the slowness with which nations move in matters of and my conclusions drawn from those facts. such high import. When the Fifty-seventh Congress met there was an apparently So interpreted, I can not believe there was such lapse of universal demand coming from all parts of the country for the "reasonable time" as would have made it the President's duty construction of the canal by the Nicaraguan route. The national to turn to the alternative route designated in the statute. I think conventions of both parties had declared for that route. The that no one will contend that the Fresident should have aban­ Canal Comp:1ission had unanimously reported in its favor, and doned.hope-broken off negotiations and gone to Nicaragua-while the alternative rotite by way of the Isthmus of Panama, on ac­ the Colombian Congress was yet in session and in any manner count of the exorbitant, if not impossible, price asked by the whatever considering the treaty, and this did not happen, as I Panama Canal Company for its concessions, had, so far as the understand, until the latter part of October. public mind and sentiment of the country were concerned, been But, putting aside and out of consideration the fact that a call eliminated from discussion and consideration. had then been issued' for an early extra session of Congress, and In these conditions the Panama Canal Company, realizing that putting aside and out of consideration the President's claim that its only chance of selling its property on the Isthmus to this Gov­ he thought, in view of this fact, it was his duty to wait and refer ernment, its onlt possible purchaser, was about to be lost, re­ the whole matter back to Congress, the President knew, as every­ duced its demand from one hundred and nine to forty millions of one knew, that Colombia 1·eally and earnestly wanted the canal; dollars. Thereupon the Canal Commission was promptly recon­ that, if anything! she was more anxious that it should be con­ vened and changed its recommendation from a unanimous report structed across the Isthmus instead of Nicaragua than we our­ in favor of the Nicaragua to a unanimous report in favor of tLe selves. He knew that the secret motive of Colombia's tortuous Panama route. and dilatory diplomacy toward the treaty was directed to coer­ As the result of this changed situation the old controversy be­ cing the canal company into paying her for consenting to the sale tween the two routes, which had slumbered for years, was revived of its concessions to this Government. He knew that the property and reopened, and the relative merits of the two routes again be­ of that company would become utterly worthless if the canal went came the subject of earnest investigation and heated discussion. elsewhere, and in these circumstances he might reasonably have The discussion in this Chamber was long and exhaustive. Every concluded that mutual interest in the spoils would bring these phase of the question was debated. In consequence of this debate traffickers together, and that either Colombia, with the canal and and the discussions through the press and by the people there ten millions at stake, would abate her demand against the canal occurred one of the most remarkable changes in public sentiment company or the canal company, rather than lose its only possible ever witnessed in this country. The Senate, following the rec­ purchaser, would yield to the demands of Colombia, and that in ommendation of the Canal Commission, adopted the so-milled this manner and within "reasonable time'? the way might be made Spooner Act, expressing its preference for the Panama route. cle:u to give effect to the pJeference expressed in the Spooner law · The House, which had already passed a bill authorizing the for the isthmian route. construction of the canal by the Nicaraguan route, reversed it­ But, Mr. President, let me return to the recital of the facts of self and followed the footsteps of the Senate, and the people ac­ the case. quiesced, as is shown by the fact that in States where the demand Some time during the month of March, 1903, the President pre­ for the Nicaraguan route was once the strongest, notwithstand­ sented to the Senate a convention known as the Hay-Herran treaty, ing their disapproval of the methods by which the Hay-Varilla duly signed by the accredited representatives of this Government treaty was made possible, the people are now demanding that and Colombia, granting to the United States, on certain condi­ that treaty shall be ratified. tions and terms not inconsistent with the Spooner law, an ease­ I will not undertake to say what arguments, or reasons, or facts, ment to build a canal across the Isthmus. That convention was in addition to the reduction by the canal company of its price, ratified by the Senate, although if all the Senators who voted for and the demonstrated feasibility of the Panama route, brought the Nicaraguan route had voted against it, it would have failed of about this sudden and extraordinary change of opinion. the two-thirds vote necessary for ratification. It may have been the fact that a canal by the Panama route I assume that those Senators who preferred the Nicaraguan may be made a sea-level canal, while a sea-level canal can never route voted to ratify the Hay-Herran treaty not because they - be constructed by the Nicaragua route. liked it, not because its terms were satisfactory to them, for to It may have been the fact that it will require two nights and a many of them some of these terms were notoriously objectionable, whole day for a ship to pass through a canal at Nicaragua, while but because they thought it was their duty to aid the President a ship can enter and pass out of a ca.nal by the Panama route in carrying out the law and will of the majority as it was written within the light of a single day. For the purpose of this state­ in that law. This convention was rejected by Colombia and for ment and argument, suffice it to say that this change was not that reason became inoperative. . brought about by artifice or trickery, but that it was undoubtedly The President now presents to the Senate another treaty, known the result of a real change of opinion respecting the relative mer­ as the Hay-Varilla treaty, accomplishing the same purpose as its of these two routes. the one with Colombia, which has already been ratified by the In view, Mr. President, of these circumstances, in reaching a other contracting party, and therefore only needs our ratification right conclusion as to the duties of the President under the Spooner to make it effective. With this ratification the hostile interests Act, in locating the canal, the preference expressed in that act for both in this country and abroad which have so C?~ten circumvented the Panama over the Nicaragua route can not be considered as our efforts to secure a canal in the past, whicli perhaps brought a mere perfunctory declaration QJ Congress or by the people. to naught our recent negotiations at Bogota; which, if they had had Undoubtedly the lawmakers by that declaration of preference sufficient time and warning, might have defeated the negotiation meant more than simply to say to the President, as between the which eventuated in the treaty now under consideration; which, two routes, " While we somewhat prefer the Panama route, it should we repudiate this treaty and go to Nicaragua., might indefi­ does not matter much which you select so we get the canal, and nitely delay and ultimately defeat our nece sary negotiations with get it quickly." thatcountryorCostaRica,oneorboth; whichsought,withsinister On the contrary, Mr. President, they meant to say to him, and designs, to lure us to Nicaragua when we were about to go to Pan­ to say it with unmistakable emphasis: " Panama is decidedly the ama, and which now, should we start to Nicaragua, would with best route. We have selected it after long a1;1d mature considera­ like motive seek to lure us back to Panama; which, in divers and tion. We therefore direct you to construct the canal by that sundry ways, through many and long years, have succeeded in 1244 CONGRESSIONAL RECORD-SENATE. J.ANU.A.RY 27, confusing and dividing our councils and bringing to naught our his general powers or by authority of the Spooner Act is imma­ negotiations for the construction of this great enterprise, will terial, except as it affects the question of an appropriation to have finally met irretrievable defeat, and the last obstacle in the satisfy ita money stipulations. way of the accomplishment of the long-cherished aspirations of President McKinley, without legislative initiative, made the our people for a canal connecting the two oceans will have been treaty of Paris, whereby Spain ceded to us the Philippine Islands removed. for $20,000,000, and the appropriation was made afterwards. In Shall we refuse to ratify this treaty and enter 'again upon the this view it is simply a question of whether the appropriations long and weary struggle, with all ita vexations, difficulties, and provided in the Spooner Act would be available to satisfy the uncertainties? money stipulations of this treaty, and the doubt about that, if Mr. President, I do not intend to discuss the provisions of this there be any, can be removed by amending that act by inserting treaty. I am prohibited from doing that in open session of the Panama for Colombia wherever it appears. Senate, but the treaty has been ordered published and I think it I do not myself think there is any necessity for any amendment is not improper for me to say, generally, in passing that in nearly of that act. But to remove all possible question of doubt I had every way this treaty is much more favorable to the people of the hoped that an amendment to this effect would be made before the United States than the one negotiated with Colombia and which vote on the treaty was taken, although I presume it would answer we ratified, but which failed of ratification by the Congress of the purpose if done afterwards. I suppose such an amendment that country. would meet with no serious opposition anywhere. I have heard of no contention nor intimation that Panama did I do not think, therefore, Mr. President, that the Hay-Varilla not have the legal right to make this treaty. Some question has treaty can be assailed on the ground of lack of power in the been made about the authority of the President, under the Spooner President to contract as he has contracted in this treaty with Act, to make it on behalf of this Government, but none has been Panama. Neither do I think what the President may have done made, and, in my judgment, none can be made, to Panama's right so far as present information discloses in connection with the in the premises, for when we recognized the independence of revolution in or the recognition of Panama is sufficient reason, Panama, and shortly thereafter practically all of the other great in law or in conscience, for the defeat of this treaty, otherwise nations of the world, including Nicaragua, her competitor for the altogether satisfactory. • canal, joined us in that recognition, whether that recognition I do not want nor do I intend to discuss this treaty from a par­ was rightful or wrongful, whether in accordance with interna­ tisan standpoint. The people have made the canal a nonpartisan tional law or in contravention of it, Panama became an inde­ question, and we should not drag it into politics. pendent and sovereign State, with all the rights and powers which On this side of the Chamber we have not made it a partisan sovereignty implies, including, of course, the treaty-making power. question. We will vote on it a.ccording to our individual judg­ But, Mr. President, the opponents of this treaty, admitting that ment. If it has been brought into politics at all, that has been it is highly favorable to us and that Panama is a free State pos­ done by the other side of this Chamber, which's solidly lined up sessed with full right to make it, still contend that it should in favor of it. Therefore the statement I am about tQ make I not be ratified-first, because, they say, the President had no right shall make in no partisan spirit, but simply as a statement of fact. under the Spooner Act to contract with Panama for the right of Mr. President, what has been done in Panama has been done, way across the Isthmus, the language of that law restricting his and it can not be undone. It was not done by the authority or authority to negotiations for that purpose to Colombia; secondly, under the auspices of the Democratic party, neither could that because, they say, the President unlawfully and in violation of party have prevented its doing, and therefore it is in no way re­ our treaty obligations with Colombia incited and promoted the sponsible for its doing. If what has been done in Panama can be revolution in Panama, and recognized her independence in viola­ undone at all by this Government, it can only be undone by doing tion of the principles of international law. a greater wrong to Panama than has already been done to Colom· Mr. President, I can not agree, in view of the present ownership bia. Surely in any event the dQfeat of this treaty will not either by Panama of the territory to be acquired, with the contentions undo or remedy that wrong. that the Spooner ~aw does not confer upon the President full au­ I am not here, Mr. President, to defend the actions of the Presi­ thority to acauire the right across the Isthmus from Panama. dent, either in connection with the revolution in or recognition In the construction of every legislative act the intent of the law­ of the independence of Panama. There is much in his conduct makers and the objects and purposes of the law furnish the rule in these connections of which I wholly disapprove, which I regard for determining ita meaning. as improvident and unwise; as rash and dangerous to the peace If it had been any part of the intention and purpose of the and welfare of this country; as contrary to the traditional policy Spooner Act to indirectly confer a bounty upon Colombia by buy­ of this Government in its dealings with other nations, especially ing from her a " specific thing" at a greater price than its actual those on this hemisphere, and as not calculated to advance us in value, then the President undoubtedly would not have had, by the affections and esteem of other nations. virtue of the powers vested in him by this act, authority to buy I do not think, however, that everything the President did in that " specific thing" from another who had in the meantime these connections was wrong. From the bottom of my heart I succeeded to its ownership, because that would have contravened would be glad, for the honor of my country I would be glad, if I and defeated a material purpose of the law. could reconcile all of his acts in these connections with my notions But it was no part of the purpose of the Spooner Act to confer of right and law! but I can not and be honest with myself. a bounty upon Colombia; the sole object of that law was to au­ When the revolution was announced to the world, it seemed to thorize this Government to acquire the right of way to construct me that the President, to use the expressive term of the Senator a canal across the Isthmus, and Colombia was named as the na­ from Maine [Mr. IiALE], showed too much preVision, and I will tion with which the President should negotiate for this right add preparation for what that prevision enabled him to see would solely because at that time she was the owner of the territory over happen in Panama. But the President has assured us in a formal which we sought to acquire this right of way. message to this Senate in the most emphatic manner that he did To deny to the President authority under this act to acquire not, consciously and intentionally, in any way, direct or indirect, this right of way from Panama, its present owner, would be to incite, encourage, or promote this revolution. hold that the letter of the law respecting a nonessential is of The fact, Mr. President, that as long ago as last Angust, when more importance than its letter respecting its main object. It the Colombian Congress had begun to show an unfriendly dispo­ would be to defeat the main intention of the lawmakers, a-s well sition toward the treaty, there were mutterings of secession; that as the only object and purpose of the law itself. And in that later, when it became apparent that the treaty would not be rati­ event, Mr. President, who would be benefited: what object would fied, there were thinly veiled threats of separation uttered upon be accomplished; what public policy would be promoted by this the very floors of the Colombian Congress, which later broke out strained construction of that statute? into bold, open, and defiant threats of secession, both at Panama Surely we would not be benefited. Surely no policy of this and at Bogota; the fact that there was at Panama, long anterior country would be advanced, for we have declared our preference to the revolt, an organized band actively engaged in the organi­ for the Panama route. Colombia would not be benefited, because zation of the insurrection; that these conspirators ha.d, under the she no longer owns the territory, and can not, therefore, cede it to pretense of organizing a fire department, organized a military us. The only effect, if this strained construction should prevail, force of over 400 picked men in the city of Panama and arranged would be to force the canal to Nicaragua, which would in turn for the cooperation of the Colombian general and the forces under defeat that provision of the a.ct preferring Panama. Thus, in his command stationed in that city, as well as with the com­ sticking to the letter of the law regarding a nonessential, not only mander and the marines under him of one of the two Colombian the purpose, but one of the most important provisions of the law gunboats then stationed in that harbor, tends to show that in their would be defeated. desperation the Isthmians, acting on thell: own initiative, had made If, however, the President had no authority to make this treaty up their minds to seek remedy for their wrongs in revolution. under the Spooner Act, he unquestionably had that authority It may be-in fact, it is almost certain-the Panaman conspira­ under his general power to negotiate treaties with foreign na­ tors knew what course this Government would pursue in the tions. Whether this treaty was made by the President under event of insurrection in the Isthmus and that they counted on 1904_:) CONGRESSIONAL RECORD-SENATE. 1245 that action to make their revolution successful. If they had snch "But whether our recognition has been hasty or tardy we have, information-and, as I said, I think they did-I do not know how always, heretofore, regarded it as a condition precedent to recog­ th'ey obtained it, but I can see how it might have been acquired nition that there should be a government, de facto at least, rea­ without the actual or guilty knowledge Ol' complicity of either sonably capable of maintaining itself. the President or the Secretaries of State, War, or the Navy. The President in his message seems to admit this principle of Such secrets are notoriously hard to keep. The possession of international law, but he contends that Panama, on account of this information should not, in my judgment, be accepted as con­ our treaty rights and duties and because he conceives that in the tradicting or discrediting the positive statement of the President. matter of the construction of a canal connecting the two oceans In entire deference to the views of others on this side of the Cham­ we have received a mandate from collective civilization, that ber who may differ with me in this opinion, I think that the state­ Panama is excepted from its application. ment of the President in this respect should be accepted, and for This is a plea in confession and avoidance which, in my judg­ myself I do accept it. Undoubtedly the President knew of the ment, can not be admitted, but which when taken in connec­ forthcoming revolution in Panama, and so knowing it was his tion with the statement in the President's message to the effect duty, in view of the imminence of insurrection there, to have on that when the Colombian Congress adjourned without ratifying the ground a sufficient force to protect the lives and property of the treaty, and before the revolution occurred in Panama, he American citizens. was considering referring the whole matter to Congress for in­ This he did; and if he had done no more than this he would have struction whether he should proceed to construct the canal across done no more than his duty under the law or the treaty. But, Mr. the Isthm11S without further authority from Colombia, shows not President, that was not all that he did, or ordered to be done, if only an excess of zeal on his part for the canal, but a painful dis­ necessary to carry out the purpose of those orders. In specific regard of the rights of other nations. terms he ordered the commanders of our naval forces, both at I am bound to say, and I have no pleasure in saying it, that the Colon and at Panama, to prevent the landing of troops, including course of the President, both in cdnnection with the revolution in the troops of Colombia, not only upon the transit and at its ter­ Panama and the recognition of its independence, was, to say the mini, but anywhere in the Isthmus of Panama. least, hasty, rash, improvident, and dangerous to the peace and I admit that under the guaranty of neutrality contained in the welfare of this country, and justifies the feeling of many of his treaty of 1846 it was not only the right but the duty of this Gov­ political friends as well as his political opponents that he lacks ernment to prevent interference or hostile military operation by that consel'Vatism which considerations of national stability and any foreign nation everywhere upon the Isthmus. But we did safety make necessary and desirable in the Chief Executive of the not have the right, Mr. President, in my judgment, under any nation. rational construction of that treaty, to prevent Colombia from Mr. President, it is contended and vehemently asserted by some landing an

- people of that island good government and anm'irustration, by Igreatest importance to all of our people. It is of supreme 1m­ those votes condoned the wrongful and illegal acts of this Gov- portance to the section from which I come. ernmen~ which led. to. a~d mad~ succes~ful that revolution and The people of the. State ~hich I in part represent feel deeply annexatiOn. Certam It IS they d1d not mtend by those votes to concerned, not only m havmg the canal, but in securing it as condone these things, but only to recognize a subsisting fact and speedily as possible. They are impatient of delays· they want to act upon it. see negotiations ended and the work begun. They' preferred the The same is true with reference to the acts of the Administra- Nicaraguan route, but they do not think that the defeat of this tion toward the Philippine Islands after we had wrested that treaty makes the canal at Nicaragua, either in the near or re­ country from the dominion of Spain. It was then said that we mote future, at all certain. had used the power efore us. If they shall disclose a condition of things a~amst the 9onstitutlo? of o~r fathers and the laws _of civiliza- ~hich, m my JUd~~nt, wo~d make the ratification of this treaty tlon? Certamly they did not mtend to do any such thmg. They rmproper or make It Impossible for me to vote for it without doing intended only to recognize an accomplished fact and to make the violence to my conscience, I will not vote for it. best of it, and that is all that vote or any other vote to give to the Mr. President, while, as I have tried to make plain I have no people of those islands good laws and administration means. sympathy with Colombia, I think she has suffered w:ong at out The people of the South voted for the thirteenth, fourteenth, hands, and I trust that some proper way may be found to com­ and sixteenth a~endments to the Constitution. of the United pensate her in some way as far as it is possible for us to compen­ States, but they did not mean by those votes to mdorse the war sate her for these wrongs, and that the outcome of all this matter that had been waged against the South to prevent her withdraw- may be the speedy construction of the canal upon terms, not only ing, as they thought she had a right to do, peacefully from the satisfactory to us and to Panama, but reasonably so to Colombia· Union. They did not mean to indorse the forcible abolition of and I am glad· the Democratic party has taken the initiative~ slavery. They simply recognized the fact that the sword had bringing before Congress measures looking to that end. forever put an end to the right of slavery and secession in this country and to act upon these facts without approving the way REVOLUTION IN PANAMA. in which they had been brought about. The PRESIDENT pro tempore. The Chair lays before the Mr. President, to my mind, you might as well say that I can Senate a resolution which will be stated. not administer on the estate of a dead man without approving of The SECRETARY. Senate resolution 84, by Mr. STONE, direct­ his death as to say that I can not act upon the admitted fact that ing the Committee on Foreign Relations to ascertain whether Panama is an independent nation without approving of the means Bunau-Varilla and others residing in the United States, etc., did by which that independence was achieved. aid an insurrection in Panama against the Republic of Colombia. Mr. President, I can not find it in my heart to blame the Pan­ Mr. SPOONER. I move the reference of the resolution to the amaians for seceding from Colombia. If oppression, if tyranny, if Committee on Foreign Relations. despotism ever justified revolutions, they were justified in revolu­ Mr. GORMAN. The Senator from Missouri [Mr. STONE] is tion. They were bound to a State which had never felt or shown absent at this moment. any interest in them or in their welfare. They were forced to l\Ir. SPOONER. I have, of course, no desire to press the mo­ pay ruinous taxes with only nominal representation, without re­ tion in his absence. ceiving in return any of the benefits of taxation in government Mr. GORMAN. I trust the motion will not be pressed. The or administration, in public improvements or in the education of purport of the resolution is to require the Committee on Foreign , the people. Relations to make this investigation. The reasons therefor were The canal was their only hope for relief from the miserable and very ably presented by the Senator from Missouri who offered the wretched conditions to which Colombia's greed and tyranny had resolution. It is a matter which it strikes me must be determined reduced them, and even that the Government at Bogota denied by the Senate. them. Mr. SPOONER. Is this the same resolution? I did not so un­ Perhaps their aspirations for freedom were wrong but our fore­ derstand ifi. fathers under like conditions did not think so. Perhaps they Mr. GORMAN. It is the Stone resolution, directing the Com­ should have submitted supinely to oppression, but our forefathers mittee on Foreign Relations to make the investigation. under similar conditions struck for liberty and with the help of Mr. SPOONER. The resolution on which the Senator from France achieved it. Missouri [Mr. STONE] addressed the Senate yesterday I under­ On the other hand, l\Ir. President, I can not enthuse over the stood went to the table subject to his call later. alleged wrongs of Colombia,. The treaty we made with her was Mr. GORMAN. I may be wrong, but I ask the Secretary to of her own seeking. It was signed by her authorized agents, with kindly read the resolution and let us see what it is. full knowledge of its contents. It provided for the construction The PRESIDENT pro tempore. It is the resolution which the upon her own territory of the greatest work of internal and inter­ Senator from Missouri modified yesterday. national improvement and development ever essayed by man. Mr. SPOONER. I did not so understand it as it was stated. By duplicity and treachery she defeated that treaty, not because The PRESIDENT pro tempore. The original proposition of she did not want the canal, and would not have gladly taken it the Senator from Missouri was that it might lie on the table sub­ upon the terms provided therein, but because she wanted in an ject to his call. Then the docket shows, " January 26, modi­ indirect way to extort more money from us or the Panama Canal fied," and it shows nothing further. Perhaps a fair construc­ Company or perhaps from both. tion would be that the modified resolution shall lie on the table Her trea-chery toward Panama and toward us in this canal subject to his call. matter illustrates both her traditional policy toward Panama and Mr. GORMAN. -I trust it may be so considered. her standard of diplomacy. In all of her history I know of noth­ Mr. SPOONER. Certainly. I did not suppose it was the same ing to excite the admiration of any humane man or any patriotic resolution. liberty-loving American citizen. . Mr. GORMAN. It is the same resolution. Mr. President, when I consider the wrongs Colombia has per­ Mr. SPOONER. I remember the Senator from Missouri asked petrated against Panama, and when I consider this last great act that it might lie on the table subject to his call. of indifference to the welfare of that long-suffering people, the Mr. GORMAN. That ·was the original resolution, but I trust conclusion forces itself upon me that when Coloru bia lost the that the Chair will hold that the same order applies to the modi­ canal when Panama succeeded in establishing her independenc~ , fied resolution. the eternal principl~s of right and righteousness onoe again pre­ The PRESIDENT pro tempore. The Chair will consider that vailed. the resolution lies on the table subject to the call of the Senator Mr. President, I shall vote for these several resolutions of in­ from Missouri. Does the Senator from Wisconsin withdraw the quiry, the general purpose of which is to place the Senate in pos­ motion to refer? session of the same information when it votes upon the ratifica­ Mr. SPOONER My motion can go with it. tion of the treaty that the President had when he made the treaty. The PRESIDENT pro tempore. Yes; ~he motion can go with 7'hat is right. The construction of the canal is a matter of the the resolution. 1904. CONGRESSIONAL RECORD-SENATE. 1247

SAFETY APPLIANCES ON RAIT>ROA.DS. , Mr. GORMAN. Subject to his call? The PRESIDENT pro tempore. The Chair lays before the The PRESIDENT pro tempore. No; that it shall remain on Senate a resolution, which will be stated. the table without prejudice. That would leave it in its present The SECRETARY. A resolution by :Mr. PA.TTERSON, calling on condition. . the Interstate Commerce Commission to send to the Senate copies Mr. TILLMAN. To come up in the morning. of all petitions, etc., received relative to relieving common carriers The PRESIDENT pro tempore. Is there objection to the re­ by railroad from any of the provisions of safety-appliance acts, etc. quest of the Senator from Texas? The Chair hears none, and that Mr. PATTERSON. Mr. President, I h.ave an understanding order is made. · with one or two Senators that I would not call up the resolution MEMORIAL OF BATTLE A.T POINT PLEASANT, W.VA.. unle8s they were here. Neither of the Senators to whom I made Mr. SCOTT. I ask unanimous consent to have taken up out of the promise is present. So I hope the resolution will go to the its order the bill (S. 792) to authorize the erection of a monument Calendar. subject to cap by me. at Point Pleasant, W. Va., to commemorate the battle of the The PRESIDENT pro tempore. The Senator means that it Revolution fought at that point between the colonial troops and shall go to the table subject to his call? Indians October 10, 1774. Mr. PATTERSON. Yes; let it go to the table. The PRESIDENT pro tempore. The bill will be read to the The PRESIDENT pro tempore. Is there objection to the re­ Senate in full for its information. quest of the Senator from Colorado that the resolution shall lie on The SECRETARY. The Committee on the Library report to the table subject to his call? The Chair hears none, and that order amend the bill by striking out all after the enacting clause and is made. substituting the following: RELATIONS WITH COLOMBIA. · That the sum of $10,1XX> be, and the same is hereby, appropriated, out of any The PRESIDENT pro tempore. The Chair lays before the Sen- money in the Treasury not otherwise appropriated, to be expended under the ate a resolution, which will be stated. . direction of the Secretary of War, to aid in the erection and completion of a monnmentormemorialatPointPleasant WestVrrginia, tocommemoratetha The SECRETARY. Senate resolution No. 88, by Mr. HALE; re­ battle of the Revolution fought at that point between the colonial troops and questing the President to tender his best office" toward the ad­ Indians October 10,1774: Pmvided, That no part of said appropriation shall justment of differences between Colombia and Panama. be expended until the site and plans for said monnment or memorial shall be approved by the Secretary of War, and the ~rounds ·on which said monu­ Mr. BACON. 1\Ir. President- ment or memorial is to be located shall be dedicated to the use of the public. The PRESIDENT pro tempore. This was to accompany the and provision is made for opening and maintaining an openhighwaythereto. resolution offered by the Senator from Georgia [Mr. BACON] and The PRESIDENT pro tempore. Is there objection to the pres­ is supposed to be offered ~sa subst.itute for it. The Senato: from ent consideration of the bill? Georgia yesterday had his resolution la1d on the table subJect to There being no objection, the bill was considered as in Commit­ call. If there be no objection the resolution will be regarded by tee of the Whole. the Chair as laid on the table, subject to call. The PRESIDENT pro tempore. The question is on agreeing to POST-OFFICE DEPARTMENT INVESTIGATION. the amendment reported by the committee. Mr. GORMAN. I request that all of the resolutions relating to The amendment was agreed to. the investigation of the Post-Office Department may be taken up The bill was reported to the Senate as amended, and the amend­ and referred. We haveagreedonall sides (and I understand that ment was concurred in. no further debate is desired in the Senate on them) that they shall The bill was ordered to be engrossed for a third reading, read be referred to the Committee on Post-Offices and Post-Roads. the third time, and passed. The PRESIDENT pro tempore. They have all been referred to The title was amended so as to read: "A bill to aid in the erec­ the Committee on Post-Offices and Post-Roads, together with the tion of a monument or memorial at Point Pleasant, West Virginia, pending amendments. to commemorate the battle of the Revolution fought at that point Mr. GORMAN. I am very glad to hear it. I was not aware between the colonial troops and Indians October 10, 1774." of it. PRESIDEl\'"TIA.L APPROVALS. PAWNEE INDIAN SCHOOL. A message from the President of the United States, by Mr. B. F. The PRESIDENT pro tempore. The Chair lays before the Sen­ BARNES, one of his Secretaries, announced that the President had ate a resolution, which will be stated. on the 23d instant approved and signed the following acts: The SECRETARY. Senate resolution 93, by Mr. CARMACK, di­ An act (S. 6) granting a pension to Cora :M . Converse; recting the Secretary of the Interior to transmit to the Senate the An act (S. 7) granting an increase of· pension to Alfred Wood- originals or copies of all charges, etc., relating to the superintend­ man· ent and other employees of the Pawnee Indian School. ~ act (S. 8) granting an increase of pens:ion to Perry Kittredge; The PRESIDENT pro tempore. The question is on agreeing An act (S. 11) granting a pensi-on to John L. Sulli....-an; to the resolution. An act (S. 65) granting an increase of pension to Charles R. The resolution, submitted by Mr. CARMACK on the 15th instant, Allen; was agreed to, as follows: An act (S. 112) grant:ng an increase of pension to Henry G. . Resolved That the Secretary of the Interior be, and hereby is, directed Hammohd: to transmit forthwith to the Senat~ the originals or copies of all charges, re­ ports, and other docnments on file in his Department relating to the super­ An act (S. 172) granting an increase of·pension to Elizabeth intendent and other employees of the Pawnee Indian School, Pa~ee, Okla., McClaren; together wit~ such other infm;mation as.~l show the action of hiS Depart­ An act (S. 338) granting an increase of pension to Jane M. Watt; ment in relat10n to such supermtendent aurmg the twelve months last past. An act (S. 339) granting an increase of pension to Ebenezer H. RELATIONS WITH NEW GRANADA. OR COLOMBIA.. Richardson; The PRESIDENT pro tempore. The Chair lays before the An act (S. 367) granting an increase of pension to George W. Senate a resolution which will be stated. · Richardson; The SECRETARY. Senate resolution 102, by Mr. NEWLANDS, re­ An act (S. 1604) granting an increase of pension to Mary A. questing the President to negotiate anew treaty with the United B~~; . . States of Colombia providing for the cession of all rights it may An act (S. 1652) granting an increase of pension to Minerva A. claim to have in connection with the Isthmus of Panama or the McMillan· treaty of 1846. An act (S. 1704) granting an increase of pension to Lucretia Mr. GORMAN. I ask that this resolution may go over also. Ritchhart; Mr. SPOONER. Let it go over, Mr. President. An act (S. 1755) granting an increase of pension to Thomas The PRESIDENT pro tempore. The Senator from Maryland Banks· asks unanimous consent that the resolution shall go over with­ An ~ct (S. 1756) granting an increase of pension to Zebedee M. out prejudice. The Chair hears no objection. Cushman; DIPLOJI.A.TIC CORRESPONDENCE RELATIVE TO PANAMA, ETC. An act (S. 1772) granting an increase of pension to Louise K. The PRESIDENT pro tempore. The Chair lays before the Bard· Senate a resolution which will be stated. An' act (S. 1819) granting an increase of pension to Charles P. The SECRETARY. Senate resolution 104, by Mr. CuLBERSON, re­ Skinner; questing the President to inform the Senate whether all the cor­ An act (S. 1832) granting an increa.se of pension to George W. respondence, etc., between the Department of State and the lega­ Herron; tion of the United States at Bogota, etc., has been sent to the An act (S. 1913) granting an increase of pension to Lorenzo E. Senate. · Harrison; · The PRESIDENT pro tempore. The Senator from Texa.s [Mr. An act (S. 1929) granting an increase of pension to George W. CULBERSON] , as he was to be necessarily absent from the Chamber, Spahr; . asked the Chair that this resolution might go over without preju­ An act (S. 1952) granting an increase of pension to John Mona­ dice. han; 1248 CONGRESSIONAL RECORD-SENATE. JANUARY 27,

An act (S.1984) granting an increase ofpension to Levi Roberts; The SECRET...utY. A bill (S. 278) to amend an act entitled "An An act (S. 1985) granting an increase of pension to Jonathan act for the relief of certain settlers on the public lands, and to Hites; provide for the repayment of certain fees, purchase money, and An act (S. 2078) granting an increase of pension to Hampton C. commissions paid on void entries of public lands." Watson; The PRESIDENT pro tempore. The bill will be read to the An act (S. 2125) granting an increase of pension to Marcus T. Senate in full. Caswell; The Secretary proceeded to read the bill. An act (S. 2218) granting an increase of pension to Amanda B. Mr. MITCHELL. I have been advised by the Senator from Tisdel; and Arkansas [Mr. BERRY], who is a member of the Committee on An act (S. 1496) supplemental to the act of February 9, 1821, Public Lands, that he would like to look into the bill. I supJ?osed incorporating the Columbian College in the District of Columbia, the report was unanimous, but he tells me he was not present and the ~:.<.:tc3 amendatory thereof. when it was considered, so I ask that the 't>ill may go over. The message also announced that the President of the United Mr. SPOONER. Is there a printed report? States had on the 25th instant approved and signed the following Mr. MITCHELL. There is. acts and joint resolution: Mr. SPOONER. It is not in my file. An act (S. 465) to amend an act entitled "An act to permit the The PRESIDENT pro tempore. The bill will go over without Pintsch Compressing Company to lay pipes in certain streets in prejudice. the city of Washington," approved May 19, 1896; Mr. MITCHELL. Without prejudice. An act (S. 652) making Chester, Pa., a subpart of entry; and A joint resolution (S. R. 31) authorizing the erection and main­ RELIEF OF CERTAIN DESERT-LAND E.."'iTRYMlli"'i, tenance of a monument in memory of the late President Benjamin The bill (S. 147) for the relief of persons who made the first pay­ Harrison, upon land owned by the United States in the city of ment for desert lands under the act of March 3, 1877, but who Indianapolis, State of Indiana.. were unable to perfect entry thereof, was announced as next in The message further announced that the President of the United order, and the Senate, as in Committee of the Whole, resumed its States had on this day approved the joint resolution (S. R. 32) to consideration. fill vacancies in the Board of Regents of the Smithsonian Institu­ The PRESIDENT pro tempore. The bill was considered yes­ tion. terday, and is before the Senate as in Committee of the Whole A.LASKA SALMON CO:mdiSSION. and open to amendment. The PRESIDENT pro tempore laid before the Senate the fol­ Mr. BERRY. Mr. President, I wish to move an amendment to lowing message from the President of the United States; which the bill. On page 2 of the bill, line 1, after the word" thereof," was read and refen-ed to the Committee on Fisheries, and ordered I move to insert the words "where the claim has not been as­ to be printed: ' signed." Further along I move to strike out, in line 3, the words To the Senate and House of Representatives: '' or assigns,'' and to strike out, beginning after the word '' afore­ I transmit herewith a. communication from the Secretary of Commerce said," in line 5, down to line 8, including the word ''repayment,'' and Labor submitting a Jlreliminary re:port of the Alaska Salmon Commis­ and also to strike out the second proviso, beginning in line 11. sion, appointed in accordance with the instructions in my letter of Novem- The PRESIDENT pro tempore. The Senator from Arkansas berS, l90'Z. . THEODORE ROOSEVELT. moves an amendment which will be stated. WHITE HousE, January !7, 1904. The SECRETARY. On page 2, line 1, after the word" thereof," N OTE.-The report accompanied a similar message to the House of Repre­ insert the words" where the claim has not been assigned." sentatives. The PRESIDENT pro tempore. The question is on agreeing to A. R. CRUZEN. the amendment. The PRESIDENT pro tempore laid before the Senate the fol­ l\Ir. WARREN. Mr. President, while I agree with what I think lowing message from the President of the United States; which the Senator from Arkansas wishes toaccomplish-i. e., avoid pay­ was read: ing fraudulent claims-yet I want to call his attention to one fea.­ To the Senate: ture of the case. In res-pgnse to the resolution of the Senate of January 18, 19M, requesting The original act, in contradistinction, perhaps, with others, the President, "if not in his opinion incompatible with the public interest, to inform the Senate whether any report has been made to the Treasury De­ seemed to be based upon the expectation of assignment in many partment by L. Cullom, special agent of the Treasury, with respect to the cases, and the equity in such cases is often with the assignee. I conduct of A. R. Cruzen, collector of customs in Porto Rico, and if so, to wish to call the Senator's attention to the fact that none of these transmit the same to the Senate with a statement of what action, if any,has been taken thereon," I send herewith the accompanying letter from the Sec­ claims will be paid unless the Department is satisfied that they retary of the Treasury. · For the reasons therein given I dee~ it incompatible are legal and proper, and, of course, they have proofs as to every with the public interest to forward the report by the speCial agent of the case on file in the Department. Treasury in question. THEODORE ROOSEVELT. Take a case where an assignment was properly made. The party WHITE HOUSE, January 27, 1904. has proceeded under it and expended his money, but is debarred Mr. BATE. My colleague [Mr. CARMACK], who o~red the from title on account of something beyond his control. Then I resolution, is not in the Chamber. I do not know what disposi­ assume the Senator would not care that such an assignee, who pro­ tion he would desire to have made of the message. He was here ceeded in good faith, should lose his money just from the bare a. minute ago. I have sent for him. fact that he was an assignee, and properly so, under the law. The PRESIDENT pro tempore. The message will be printed All these entries and proofs offered are matters of record. Not and lie on the table. a case ha.a been refused by the land offices without assigning the Mr. BATE. Very well. reasons therefor. Mr. BERRY. Mr. President, the bill, as I stated yesterday, is NATIO~AL APPALACHIAN FOREST RESERVE. not in its entirety a bill that I think appeals very strongly to The PRESIDENT pro tempore. The Chair lays before the Sen­ either the sense of justice or equity which ought to control the ate the Calendar of General Orders. Senate. Nevertheless, I would not have so much objection tore­ The bill (S. 887) for the purchase of a national forest reserve funding to the original entryman or his heirs, where he is dead, in the Southern Appalachian Mountains, to be known as the who had made no assignment, who had been prevented, and with­ "National Appalachian Forest Reserve," was announced as fu·st out fraud on his part, from consummating his entry. I would in order on the Calendar. have no special objection to the money that he paid into the Mr. COCKRELL. The Senator in charge of that bill is absent, Treasury, 25 cents per acre, being refunded to him or to his heirs. and the Senator from Colorado [Mr. TELLER] also specially re­ But where he made an assignment, he, of course, can have no quested that it should be passed over without losing its place. claim, because the assignee no doubt paid him the amount of 25 The PRESIDENT pro tempore. Is there objection to there­ cents an acre and in many cases perhaps more than that. There­ quest of the Senator from Missouri, that the bill be passed over fore, he could have no clrlim whatever where he had assigned the for the present without prejudice? The Chair hears none. claim. RELIEF OF CERTAIN SETTLERS. Mr. MITCHELL. Will the Senator from Arkansas allow me Mr. MITCHELL. I ask unanimous consent that the Senate a moment? proceed to the consideration of Senate bill278. Mr. BERRY. Certainly. Mr. COCKRELL. Let us go on with the Calendar regularly Mr. MITCHELL. I wish to call the attention of the Senator for a little while and then we can take up that bill. from Arkansas to the fact that neither the chairman of the Com­ Mr. MITCHELL. I hope the Senator will not object to my re­ mittee on Public Lands [:Mr. HANSBROUGH] nor the Senator from quest. After this bill is passed I shall consent to the course he Wyoming [Mr. CLARK], also a member of the committee whore­ suggests. A similar bill has passed the Senate two or three times ported this bill, is present. It seems to me that the measure heretofore. ought not to be proceeded with in their absence. I submit it to Mr. COCKRELL. Let us see what it is. the consideration of the Senate. 1904. CONGRESSIONAL RECORD-SENATE. 1249

1\Ir. BERRY. I will say to the Senator that the bill was dis­ eral Land Office, a very able man, who comes from the far West cussed something like an hour yesterday, the Senator from Wy­ and who has had experience and observation of the class of cases oming [Mr. W .ARREN}, who sits on my right, seeming to be in which are covered by this bill. There is more than one class of charge of the bill. If anyone desires, the bill may go over. It cases covered by it. has come up on regular call. I am not pressing the matter. But How many Senators here know anything about what this bill I would like to conclude what I was saying and then the Senate carries in the way of appropriations or the distinction in merit can take such action as it chooses. I have not called it up. It between the two classes of cases, or the three or four classes; be­ came up in regular order. The Senator from Wyoming made no tween language which will protect a man who, perhaps we all objection on account of the absence of his colleague, and, of might say, ought to be protected and the speculator, the trafficker? course, I could not object. I have listened to the debate and I can not tell, though it may be Mr. President, I have already stated that where the original because of my dullness. entryman made an assignment he could have, of course, no claim, I now make this motion, and I shall generally make it in mat­ because he was paid back his money by the party to whom he as­ ters of this kind. I think such bills, where they involve anything signed. of consequence, ought to go to the proper Department for report Now, where some one else purchased his right, went into the to the Senate, so that we shall have the Government's side of the market, made the contract with him, he certainly can have no matter as well as the claimants' side of the matter. claim against this Government. He bought the land from the Mr. WARREN. Mr. President, I do not wish to antagonize other party upon the theory that it would pay him to buy it and the motion made by the Senator from Wisconsin [Mr. SPOONER], that it was a matter to his interest. If he failed in that, if he was­ but I feel moved to say a word in connection with what the Sen­ mistaken, if he was unable from any cause to carry out the pro­ ator from Arkansas [Mr. BERRY] has stated about confusion in visions of the law and make the balance of the payments! cer­ the land laws. tainly the assignee, I think, has no claim, either legal or equitable, The Senator, either purposely or not, has seemed to convey the against the Government that it should be paid back to him. idea that it was the desert-land law under which most oi the If the amendments I have offered prevail, then the bill will fraudulent entries have been made and fraudulent practices had simply stand that where the original entryman made this entry, arisen. I think he will find, if he will reexamine the report of paid the Government 25 cents an acre, and was unable to carry the Secretary of the Interior, to which he refers, that the same out the provisions of the law, and there was no fraud or unlawful complaint is made as to all the land laws. act upon his part, then, under the bill, he ·shall. receive back his Mr. BERRY. I so stated, if the Senator will permit me. money. But I insist that the assignee has no kind of claim Mr. WARREN. Very well. If the Senator so stated, as he against this Government. He purchased it on speculation from says he did, what is he going to do about it? Is he going to say, the original entryman. If his speculation failed, he can not claim because there haYe been some fraudulent proofs, and because that it is the duty of the Government to pay him back money that there have been abuses of the law, that all of the land laws have ha had never paid to the Government, but which he paid to been failures? another individual. I should like to have him look for a moment at the country which Now, that seems clear to my mind. I would not, as was charged is covered through the reclamation service under the desert-land by the Senator from Colorado [l\Ir. TELLER] yesterday, do the law, see what it was before the desert-land law was passed and settlers in the West, or in any other part of this counky, an in­ what it is now, and see what it has since contributed to the wealth justice if I knew it, but it does seem utterly unreasonable that of this nation. I contend that there is no law upon the statute these assignees should be paid. How many of these claims they book, aside from the original homestead law itself, which, as a have collected, from whom they have purchased, or in whose whole, has been of as much benefit to this nation as the desert-land hands they are I do not know; nor is it shown here how many of law. I knowinmyState and in the States of Idaho, Utah, Colo­ these claims there are, or probably will be, except by a general rado, and others there would hardly have been enough reclaimed statement. land to support one county in each State, perhaps, had it not been I insist, therefore, that before this bill is passed, if it is to be for this law. I know, and the Senator from Arkansas should passed, it ought to be amended as I have suggested. know, the great progress there has been because of the operation The Senator from Colorado [Mr. TELLER] yesterday said a great of the desert-land law. deal about these entries, and the hardships, etc., of settlers. He Now, as to the assignments, I will admit all the Senator says as said something-, in reply to what I had said, about men of wealth to really fraudulent assignments. But there have been many and corporations and combinations procuring others to take up other cases. For instance, I recall a town where there are prob­ lands and that then they would get the benefit of them. I am ably fifteen hundred persons now living, a happy community. told, and the Secretary of the Intet·ior so stated in his report a How came they there? Not many years ago it was as desolate a year ago,- if not in the last, that thousands of acres have been piece of land as existed in the State. There were a few public­ procured in that way, by inducing persons to enter under the spirited men who knew that water enough passed by it and that desert-land act, where there was never an attempt made even to a large amount of money expended there would render availabl~ putwaterupon the land; and in manycases individual cattle and enough water to make that a large and valuable settlement. sheep holders to-day own thousands of acres of land, procuring Half a dozen men clubbed together in the first instance, and later title from the Government, when the law was never complied on a greater number contributed. Their own rights had been with, and there was never any water put on the land, as the law previously exhausted by desert-land claims, but there were others, required. some of whom wished to take desert-land claims, to go along with Of colll'se those parties do not come under this bill, because they this aggregation, this association, and prove up upon their indi· have title to the land, but I make this statement in answer to much vidual claims. There were still others who wer.e willing to use that has been said by the Senator from Colorado. To-day the Sec­ their claim rights for the association, because they were living in retary of the Interior says that the frauds which have been per­ the East and did not want to live upon the land, but were willing petrated in some of the Western States under the desert-land act, to help reclaim the waste places, and under the law they had the under the timber and stone act, and under the commutation clause right to assign to somebody who could step into their places and of the homestead act are perfectly appalling. go on. The men who went into it and entered first, six of them, The Senator from Montana [Mr. GIBSo~], who made a report expended from $30,000 to $50,000 apiece, which they have never in favor of the repeal of these laws during the last Congress, re­ since seen. Others expended smaller sums in trying to carry out cites case after case where lands have been procured from this the scheme of making the desert bloom and of locating there a Government by the means which I have named, and where thou­ happy colony. sands of acres are held by single individuals or by corporations, Orders of the Department relating to proofs under the desert­ upon which they are grazing sheep and cattle to-day, and the pro­ land laws underwent so many changes that the original capital visions of the desert-land act have never been complied with in a put in was all wiped out. The settlers had to go back and start great many hundreds of those cases. anew. Mr. SPOONER. 1\Ir. President, Imovethatthependingbill with Fortunately changes occurred which again brought the De­ the amendments be referred to the Committee on Public Lands. partment to a more liberal view of the matter. So we have there I make this motion for the reason, mainly, that I am unwilling to to-day some 75,000 acres of land under intense cultivation~ pro­ vote for a measure involving an appropriation of a million dol­ ducing great crops, cultivated by happy people; and yet, back of lars possibly, bnt of a quarter of a million dollars anyway, with­ it all lies the wreck and ruin of several men-for the money they out some report from the Department of the Government which had invested was invested in just as good faith as though they is charged with the administration of the affairs out of which the had succeeded-because the Government, under various officials liability grows. I think this bill should be accompanied by a re­ and orders, made it impossible for them to prove up. port of the Secretary of the Interior, and it should doubtless also Now, the suggestion of the Senator from Arkansas is to reim­ be accompanied by a report from the Commissioner of the Gen- burse the original entry fee. That is good so far as it goes; but XXXVTII-79 1250 CONGRESSIONAL RECORD-SENATE. JANUARY 27, there are a very great many of the assignees who should be treated to say a word which seems adverse to a bill which propos~s to with the same degree of liberality, because they were able to ex­ give money to the widow of a consular officer; but is it to be­ pend, and did expend at the time, much larger amounts of money come the rule that whenever a consul or an officer of the United than the nsllal first settlers could or would expend. States dies in a foreign land in the diplomatic service at his post ·As to the matter of the recommitment of this bill, I am per­ of duty his widow is to be given a year's salary? I want to ask fectly willing that it shall be. recommitted, for this bill h~ not the Senator who reporte this bill. I am not certain that I am oppqsed to it, and I dislike to his death. Mr. Garnet had only been in Liberia a few weeks. . 1904. CONGRESSIONAL RECORD-SENATE . 1251

That was similar to the case of Bayard Taylor. The report any reason why we should do this in the case of a consul dying continues: at his post which does not apply with equal force to every person The defl.c~ency bill approved March 3, 1883, gave to Mrs. Marsh, widow of in the employment of the Government? George P. Marsh, esq., who died whil~ minister to Italy, the balance of one There haB been a good deal of talk about a civil pension-that rear's salary. is, a pension for civil officers after having served the Government Then: and having become too old to be efficient. But that proposition The ~ct approved December m) 1884, gave to 1\frs. Jane Venable, widow of has not been carried out; and the appropriation carried in the bill Wil).iam E. Venable, esq., who d1ed as minister to Guatemala, the sum of under discussion is in the nature of a nension. $5,636.87; belli~ the balance of one year's salary. In this case Mr. Venable .t:' was comm.issloned March 14, 1857, and died at Guatemala August 22 of that Right here I wish to speak of a matter which was suggested by year, before presenting his credentials. Consequently the action of Congress the Senator from Pennsylvania [Mr. PENROSE J. He said this bill dates twenty-seven years after the minister's death. or similar bills had twice passed the Senate. I know that is so, The next case cited in the report is as follows: Mr. President, but bills of this character pass the Senate without The deficiency bill approved March 3, 1885, gave to :Ilk-s. Wing, widow of any consideratimr, without discussion, without question, usually E. Rumsey Wing, esq., who died while minister to Ecuador, and to Mrs. Hunt, widow of William H. Hunt, esq.hwho died while minister to Russia, a in the hurry of business whe_n there is no time for diS' cussion. I sum equal to six months' salary in eac case. Ml'. Wing was commissioned do not think that action by the Senate settles the principle at all. minister-resident November 16, 1869. Shortly afterwards, however, Con- I think, as the Senator from Wisconsin has said, it is a very grave gress discontinued the mission to Ecuador. question whether we ought, by passing this bill, to establish the Now, with regard to consuls. The letter of the Secretary of principle that whenever a person in the service of the Govern­ State, after a reference to Senate report No. 238 of the Forty-ninth ment dies his widow is to receive a year's salary. I think there Congress, first session, where a list of the diplomatic officers who is no special reason in this case why the bill should be passed. If died in the service and whose families have received various sums, it were a bill to bring home the remains of a deceased consul-- from six months' salary to one year's compensation, says: Mr. GALLINGER. The Government always does that. Since then ·Congress has nrovided for Mrs. Verona E. Pollock, widow of Mr PLATT of Connecticut I think that IS. already provi'ded Alexander L. Pollock, who dfed while consul of the United States at San Sal- • · · vador, the sum of $6,840, which included a claim for the loss of private prop- for by the Government. Th~s bill is ~ot !x> reimburse the wid?w erty, and her late husband's compensation. for any expense connected With the brmgtng home of the remams Then, on April 17, 1900, Congress provided- I o~· the funeral exp~nses; it is ~imJ?lY saying that where ~consul for the payment to Mrs. Clare M. Ashby widow of William w. Ashby, who dies away from this country his Widow shall hav~ a year s salary was drowned while consul of the United States at Colon, the sum of $2,866, voted to her by Congress. I can not see why, If that is to be which represented the balance of one year's salary. done, there should not be voted to the widow or family of every Again, in 1901- person holding office under the Government a year's salary. Congressprovideq for th_epayment to Ella Low:ery Moseley,widow of Robert Mr. GALLINGER. Mr. President, first I want to make a par- E. M<>St;ley, who died while consul-general at Smgapore,a sum equal to three liamentary inquiry, and that is as to whether it has not hereto- 7 monthsThese salary,are the or only 50· cases of payment of this nature to widows of consular f ore been the ens tom th a t m· procee din g t o th e C a I'en dar we h ave officers that the Department recalls at present. acted under Rule VIll, and not under Rule IX, so that we could So that the precedents have not been uniform in the amount take up unobjected cases? which has been paid. The PRESIDENT pro tempore. When the Calendar is taken As the Senator from Wisconsin [Mr. SPOONER] says, I think up before 2 o'clock, it is under Rule VIII; but when the Calen­ this bill becomes important from the fact that, if we pass it", it dar of General Orders is taken up after 2 o'clock, it is under will be considered as setting a precedent for paying a year's sal- Rule IX. ary to the widow of any consul who may die in the service. Mr. GALLINGER. I have heretofore noticed that we have Mr. President, why should we pay such sums to the widows had two Calendars; that proceeding under Rule VIII certain ob­ of consuls and not pay them to the widows of other Government jected cases went to the Calendar which was said to be under officials, wherever serving, whether in Was~gton or any of the Rule IX, and I had thought our custom had been, regardless of States of our Republic? I know that we pay a year's salary to the hour, to proceed under Rule VIII. If I am wrong, of course the widow of a Senator who dies; I know that we pay a sum I submit. equal to six months' salary to the widowf? of the officers of the Mr. H ALE. It can easily be settled at any time by asking Senate who die in the service, which sum is to include all the ex- unanimous consent when we take up the Calendar that we pro­ penses of the funerals; but what is there about a consul's office ceed under Rule VIII. which entitles his widow to a year's salary wh~nhediesanymore Mr. GALLINGER, Yes. than that of an Auditor of the Treasury Department, a Cabinet Mr. HALE. That is the Calendar under which we pass a great officer, or one of the assistant secretaries? many cases that are satisfactory to Senators. Under Rule IX we Mr. BEVERIDGE. May I ask the Senator a question? get the fighting cases. Mr. PLATT of Connecticut. Yes. . Mr. GALLINGER. I had it in mind, if the ruling of the Chair ~fr. BEVERIDGE. If one of our ministers or ambassadors· or should be against me, to ask unanimous consent nowthatwecon- any other officer of the diplomatic corps stationed abroad dies, is aider the Calendar under Rule VIII. the salary of such officer for that year paid to his widow? The PRESIDENT pro tempore. The Chair would be obliged .. 1\fr. PLATT of Connecticut. In some cases that_has been done tc rule against the proposition of the Senator. If the Calendar by Congress. The practice, however, has not been uniform, I was commenced at any time before 2 o'clock, the Chair would think. hold that it was under Rule VIII, with the limitations of debate l\Ir. CULLOM. It is not the rule. and all that sort of thing, but when it reaches 2 o'clock and the Mr. BEVERIDGE. For example, the ambassador to Ger- Chair lays before the Senate the Calendar of General Orders, the many, I think, gets a salary of $17,500; and if he died his widow Chair would rule then that it is proceeded with under the general would be paid that amount. Is that the idea? rule of the Senate. Mr. PLATT of Connecticut. It seems tome, Mr. President, we Mr. GALLINGER. Has the Chair ruled that unanimous con- can not stop very well with consuls. A consul is an officer of no sent can not be given that we proceed under Rule VIII? higher grade than a Cabinet officer, or an Assistant Secretary of • The PRESIDENT pro tempore. Unanimous consent will do one of the Departments or a judge of the district court in the anything except amend the Constitution of the United States. District of Columbia, or a United States attorney in any of the Mr. GALLINGER. Precisely. That is what I thought, Mr. districts of the United States, or a district judge. I know that President, and for that reason I now ask unanimous consent that in one or two instances we have made appropriations for the we proceed under Rule VIII in the further consideration of the wiG.ows of deceased officials. I remember we did make an appro- Calendar to-day. priation in the case of Mrs. Miller, the widow of Justice Miller, The PRESIDENT pro tempore. Does the Senator intend to of the Snpreme Court, but if we pass this bill I do not see why have it apply to the pending bill? the widow of every consul who may die at his post should not Mr. COCKRELL. Let it apply to everything. feel that she has a claim, under the practice of the Government, Mr. GALLINGER. I should think so, sir. I am quite willing to one year's salary. ., . ' that this bill should go over. . If in the case of a consul of the 'Q''Ii}:t;ed States dying at his post I will say in this connection that I this morning introduced a a year's salary is to be paid to his widow, why should not the . bill to make an allowance of $1,500 to the widow of a consul who sallie practice be followed if the Commissioner of Pensions should died recently, and who was from my own State. I do not believe , die? Why would not his widow be entitled to the same favor, as in the principle at all, but if this bill is to be paid, I want the well as the widow of the Commissioner of Education or of the New Hampshire bill to be paid. Commissioner of Labor or of any of the Assistant Secretaries? The The PRESIDENT pro tempore. The Senator from New Ramp­ principle would be extended to cover the families of the deceased; shire asks unanimous consent that the further consideration of and if the widows of the officers I have named are entitled to this the Calendar to-day shall be under Rule VIII. Under Rule VIII. bounty, why not the widow or family of every person employed there is a limitation of the time of debate; there is a limitation in the service of the Government of the United States? Is there as to how many times a Senator may address himself to the .same r

1252 CONGRESSIONAL RECORD-SENATE. JANUARY 27, .

question; there is also a provision that if objection is made the amendments. The first amendment of the Committee on Finance casa must go over, unless on motion it is determined by the was, to insert after the enacting clause the following: Senate that it shall be considered. If it is so considered, then the That sections 3528 and 3529 of the Revised Statutes be, and the same are ordinary rules prevail and not the provisions of Ru1e VIII. Is hereby, amended so as to read as follows. there objection to the request of the Senator from New Hampshire? The amendment was agreed to. The Chair hears none. The next amendment was, on page 1, line 6, before the word Mr. COCKRELL. Let the bill which has been under con­ "that," to insert" Sec. 3528;" in linEi 10, after the word "may," sideration go over. to strike out "direct" and insert "designate, with the approval The PRESIDENT pro tempore. Objection being made, the bill of the Secretary of the Treasury;" in line 11, after the word will go over. When objection is made, a measure simply goes '' transferred,'' to strike out ''by the Secretary of the Treasury;'' over, retaining its place. and on page 2, line 2, after the words" San Francisco," to insert Mr. COCKRELL. Certainly; retaining its plare. "Denver;" so as to read: SEC. 3028. That for the purchase of metal for the minor coinage authorized CERTIFICATION OF LAND OFFICE RECORDS. by this act a sum not exceeding $200,

The bill was reported to the Senate without amendment ordered or destroy any derelict from the course of vessels at sea. Any to be engrossed for a third reading, read the third time, and passed. public vessel when so detailed shall be under the direction of the BUST OF G&~ERAL LAFAYETTE. Secretary of Commerce and Labor. One hundred and seventy-five thousand dollars is appropriated The joint resolution (S. R. 21) authorizing the purchase of a for the construction, under the direction of the Secretary of Com­ marble bust of General Lafayette, executed by David D'Angers, merce and· Labor, of a steam vessel especially fitted for and was considered as in Committee. of the Whole. It proposes to adapted to the purpose of removing or destroying derelicts from appropriate the sum of $2,000 to ena~le the Join~ Committee on the course of vessels at sea. the Library to purchase from Hawkins K. Jenkins, executor of The bill was reported to the Senate without amendment. ordered the will of the late Dr. Gabriel F. Manigault, a marble bust of to be engrossed for a third reading, read the third time, and passed . . General Lafayette, executed by David D'Angers. . The joint resolution was reported to the Senate Without amend­ LIFE-SAVING STATION .AT NOME, .ALASKA. ment, ordered to be engrossed for a third reading, read the third The bill (S. 2692) to establish a life-saving station at Cape time, and pa sed. N orne, Alaska, was considered as in Committee of the Whole. It proposes to establish a life-saving s~tion at Cape Nom~, Alas~a, STATUE OF HENRY WADSWORTH LONGFELLOW, at such point as the General Superilltendent of the Life-Savmg The joint resolution (S. R. 20) authorizing the se~ection ?f a Service may recommend, the life-saving boats and apparatus site and the erection of a pedestal for a bronze statue ill Washmg­ placed there lmder the authority of the act making appropriations ton, D. C., in honor of the late Henry Wadsworth Longfellow for the sundry civil expenses of the Government for the :fiscal year was con idered as in Committee of the Whole. It proposes that ending June 30, 1902, to form a part of the equipment of said the chairman of the Senate Committee on the Library, the chair­ station. man of the House Committee on the Library, and the Secretary Mr. PERKINS. I move to amend the bill by striking out, in of War shall be appointed ~ commissi~n to se~eot ~ site upon line 4, before '' N orne '' the word '' Cape.'' property belonging to the Umted States ill the 01ty of Washi~g­ The amendment was agreed to. ton, other than the Capitol or Library grounds, for the erectiOn The bill was reported to the Senate as amended, and the amend­ of a statue in bronze of the late Hem·y Wadsworth Longfellow, ment was concurred in. to be provided by the Longfellow Memorial Association. . The bill was ordered to be engrossed for a third reading, read For the preparation of the site so selected and t~e erectio~ of a the third time, and passed. - pedestal upon which to place the statue, etc., $4,000 IS.appropnated. The title was amended so as to read: "A bill to establish a life­ The joint resolution was reported to the Senate Without amend­ saving station at Nome, Alaska." ment, ordered to be engrossed for a third reading, read the third time, and passed. NATIONAL CEMETERY, PENSACOLA, FLA. · The bill (S. 619) making an appropriation for completing the M.ARK.ING OF GETTYSBURG BATTLEFIELD. construction of the road to the national cemetery near Pensacola, The bill (S. 2697) to amend an act authorizing the Secretary of Fla., was considered as in Committee of the Whole. It proposes War to cause to be erected monuments and markers on the battle­ to appropriate $32,000 for the purpose of completing t~e construc­ field of Gettysburg, Pa., to commemorate the valorous deeds of tion of the roadway from Pensacola, Fla., to the national ceme- · certain regiments and batteries of the United States Army was tery near that city. • considered as in Committee or the Whole. The bill was reported to the Senate without amendment, ordered The bill was reported to the Senate without amendment, ordered to be engrossed for a third reading, read the third time, and passed. to be engrossed for a third reading, read the third time, and passed. ELECTRIC LIGHT AT HONOLULU, SECOND LIEUTENANTS, MARINE CORPS. The bill (S. 2401) to approve a special act duly enacted by the The bill (S. 2114) to fix the rank of certain officers in the Army legislature of the Territory of Hawaii to authorize and provide was considered as in Committee of the Whole. It proposes that for the manufacture, distribution, and supply of electric light any second lieutenant of the U~ited States Mari?e CorJ?S who may and power on the island of Oahu, Territory of Hawaii, was an­ have been appointed second lieutenant of artillery SillCe the 2d nounced as next in order. day of February, 1901, shall, in detern?ning hi:s lineal a~d.rela­ Mr. GALLINGER. Let that bill go over. tive rank be entitled to the same credit for pnor commiSSioned The PRESIDENT pro tempore. The bill goes over. service a~ a lieutenant of volunteers appointed under the act en­ REPUBLIC OF PANAMA. titled "An act to increase the efficiency of the permanent mili­ tary establishment of the United States," approved February 2, The resolution, submitted by Mr. HoAR December 10 1903, re­ 1901. questing the President to communicate to the Senate such facts as The bill was reported to the Senate without amendment, ordered may be in his possession orin that of any of the Executive Depart­ ments as will show whether, at the time of the ra~cation of the to be engrossed for a third reading, read the .third time, and passed. treaty with the Republic of Panama, that province had success­ LEONARD L. DIETRICK. fully established its independence, etc., was announced as next The bill (S. 146) for the relief of Leonard L. Dietrick was con­ in order. sidered as in Committee of the Whole. Mr. GALLINGER. Let the resolution go over. The bill had been reported from the Committee on Military The PRESIDENT pro tempore. The resolution will go over. Affairs with an amendment, on page 1, line 12, after the word STATUE OF GEN. JAMES MILLER. " Dietrick " to strike out " repaid" and insert " accounted for The bill (S. 1634) for the erection of a statue to the memory of and paid;;, so as to make the bill read: Gen. James Miller at Peterboro~ N.H., was considered as in Com­ Be it enacted, etc., That the Secretary of the Tr~sury be, and he is hereby, authorized and directed to pay, out of any money m the TreasurY: not other­ mittee of the Whole. It proposes to appropriate $5,000 for the wise appr()J>riated, to Leonard L. Dietrick, late first lieu~nant, Thh·~y-fourth erection of a statue. in bronze or granite, to the memory of Gen. Infantry United States Volunteers, the sum of $120, srud sum h~ymg been James Miller, the -hero of Lundys Lane, at Peterboro, N.H., United States funds stolen from his safe at Penaranda., Nueva EmJa, F. I., at which sum shall be expended under the direction of the Secretary some time between December 3~ ~900, and Dece~ber 24,1900, w~le J:te was acting commissary officer; and wnich sum the sa1d .Leonard L. D1e~ck ac­ of War, or such officer as he may designate. counted for and paid to the proper officer of the Urn ted States from his own The bill was reported to the Senate without amendment, ordered ~ private funds. to be engrossed for a third reading, read the third time, and passed. The amendment was agreed to. JOHN F. WESTON. ' The bill was reported to the Senate as amended, and the amend­ The bill (S. 2696) authorizing and directing the Secretary of the ment was concun·erl. in. Treasury to pay John F. Weston the sum of $241.60, etc., was The bill was ordered to be engrossed for a third reading, read considered as in Committee of the Whole. It proposes to pay to the third time, and passed. John F. Weston the sum of $241.60, being compensation for loss, COUNTY GOVEfu~T IN HAWAll. in 1877, of his professional books and clothing while chan~ng The bill (S. 2400) to approv~ act No. 31 o~ the session of .1903 station, under orders, from the cantonment on Tongue River, of the le!rislature of the Terntory of Hawa11, approved Apri122, Montana, to Helena, Mont., as captain and commissary of sub­ 1903 entitled ''An act providing for the organization and govern­ sistence, United States Army. ment of counties snd districts, and the management and control The bill was reported to the Senate without amendment, ordered of public works and public institutions therein," was announced to be engrossed for a third reading, read the third time, and pas~ed. as the next business in order on the Calendar. ORDER BOOK OF GEN. ARTHUR ST. CLAIR. Mr. HALE. Let the bill go over. · The joint resolution (S. R. 8) authorizing the Secretary of War The PRESIDENT pro tempore. The bill will go over. , to negotiate with John T. Dolan, of Portland, Oreg., for purchase REMOVAL OF DERELICTS. of original manuscript copy of" Order book of Gen. Arthur St. The bill (S. 2262) to provide for the removal or destruction of Clair," was announced as next in order. derelicts was considered as in Committee of the Whole. It pro­ Mr. LODGE. Let that go over. poses that the President may detail any public vessel to remove The PRESIDENT pro tempore. The joint resolution. goes over. 1254 CONGRESSIONAL RECORD-SENATE. JANUARY 27,

HEIRS OF JOSEPH W. ETHERIDGE AND JOHN M. RICHARDSON, still they are neither aliens nor c~~ens .. N:ot being ~liens, they can not be na.tur~lized, and for ~hat reason citiZenship 18 to them Impossible; their situ­ The bill (S. 468) for the relief of the widow and children of the ation m that respect 18 worse, therefore, than that of aliens. Such an anoma­ late Joseph W. Etheridge and the widow of the late John M. Rich­ lous result was not intended by the legislation that has been enacted affect­ ing the civil and political status of the inhabitants of our recently acquired ardson was considered as in Committee of the Whole. It proposes insular possessions. The section provides a remedy." to pay to the widow and children (in equal proportions) of the late This section was conta~ed in the bill {H. R.U754o) to provide a Delegate to Joseph W. Etheridge, late superintendent of the sixth life-saving the House of Representatives of the Umted States from Porto Rico which district, who died February 15,1893. from pneumonia, contracted passed the Senate March 3, 1003. It failed to become law, however 'by rea­ son of the lack of time on the part of the House to consider and agree to the by him from exposure in the line of his duty in the Life-Saving Senate amendments. Service, a sum equal to two years' pay of a district superintend­ Section 2 of the bill extends the provisions of the Hatch and Morrill laws ent of the Life-Saving Service, and to pay the same amount to the so called, to the island of Porto Rico. The effect of this section will be to en~ title Porto Rico to be paid the sum of $40,000 annually for the support of a widow of the late John M. Richardson, late superintendent of the colle~Je for the bene!J.t of agriculture and the mechamc arts. Every other first life-saving district, who died the 13th day of June, 1896, from Terntory of the Umted States, as :wen as every State in this Union, now has the effects of a trip of inspection through his district, in the line 1Jle benefits of these laws: T!J.ere IS no place wh~re such an educational help 18 m?re needed_ or where 1t will be better appr~Ciated. :r'his section, without of his duty in the Life-Saving Service, made by him while in an the mcorporation of the Hatch law, was also mcluded m the bill heretofore enfeebled condition, against the advice of his physicians and at mentioned (H. R.17546), which passed the Senate at the second session of the the cost of his life. last Congress. Secti?n 3 of the bill is «;lrawn in t!J.e interest of improved harbor facilities The bill was reported to the Senate without amendment, ordered for the island, the neceSSity for which has been brought to the attention of to be engrossed for a third reading, read the third time, and passed. this committee through numerous petitions, memorials, etc., praying for the legislation ,Proposed, received from time to time, the latest being one from IDAHO SOLDIERS .AND SAILORS' HOME. the municipal council of the city of Ponce and one from the executive coun­ The bill (S. 250) granting to the State of Idaho 50,000 acres of cil of Porto Rico. The bill H .. R. 17546, aboye referred to as having passed the Senate at the second session of the Fifty-sev-enth Congress contained land to aid in the continuation, enlargement, and maintenance of this section a~. t.be Idaho Soldiers and Sailors' Home was considered as in C

which the Senator from Ohio, the chairman of the committee, I Mr. FORAKER. The point I would make in answer to the think, replied that there is not. It seems to me the Senator can Senator's suggestion is, if that be true, what harm can come from not go quite so far as that. It appears to me that it does change it? People do not come here in considerable number merely for the stn.tus considerably; whether desirable or not is another ques- the sake of becoming naturalized and then going back. tion. Mr. BEVERIDGE. I agree with the Senator. I do not know I should like to have that part of the bill read which touches that there would be any harm in it, but it will at once occur to the consideration at the moment in the Senator's mind, about every Senator that there is at the moment confusion in that state­ where these Porto Ricans must be naturalized and whether a five ment and it raises a questionable situation. years' residence in Porto Rico heretofore is adequate to entitle I have no disposition to object, of course, to the consideration them to apply for citizenship. Let that be read of the bill, but does it not occur to the Senator that there are two Mr. FORAKER. If the Senator fmm Maine will pardon me, or three matters of confusion suggested here by the queries of before it is read I will say to him that I did not intend to answ.er Senators, and thatit might well go over? in the broad way he seems to have understood me. The effect of Mr. FORAKER. No; I do not see any confusion, if the Sena­ this bill is not to change the status, but it is to afford to Porto tor will pardon me for saying that. It is probably due to the Ricans means of changing their status; that is, the effect of the fact that we have given a good deal of study to this subject. We bill is to give them some way in which to become naturalized cit- had it before our committee at the last session of the last Con­ izensof the United States. They have no such way now. That gress and the bill was then reported. It was considered in the is the only purpose of it. It is provided in the bill that if they Senate, and the Senate passed unanimously a bill in these exact have lived five years under the jurisdiction of the United States, words. There is no change whatever. under the laws of the United States, whether that be in Porto Mr. BEVERIDGE. Of course this bill does apply to the Phil- Rico or in the Philippines or elsewhere, they shall, when applying ippines as well as to Porto Rico. for naturalization in accordance with the laws now in force, be Mr. FORAKER. I do not think there should be any trouble admitted to naturalization. about it. I do not know why-- Mr. HALE. The clause in lines 6 and 7, perhaps, covers what Mr. SPOONER. Will the Senator from Ohio allow me? was in my mind, but here is the whole provision: Mr. FORAKER. In a minute. I do not know why it should That all the applicable provisions of the naturalization laws of the United not apply to a citizen of the Philippines living there, an inhabit­ States shall apply to and be held to authorize the admission to citizenship ant there, and owing allegiance to us, owing permanent alle­ of all persons not citizens who owe permanent allegiance to the United giance to us as a people. That expression was furnished us by States- · the State Department. This measure was referred to the State That is intended, of course, to cover Porto Rico- Department and very carefully considered there. If my memory and who may become residents of any State or organized Territory of the does not serve me incorrectly, it originated with the State De­ United States. partment. They communicated to us in regard to it, saying that That, the Senator would say, excludes Porto Rico from that this trouble constantly arises. The citizens of Porto Rico and part of it. the citizens of the Philippines also, for I think it would have Mr. FORAKER. What I said awhile ago, and repeat, is that equal application to them, owe us perm;:ment allegiance; and yet under the provisions of this law a Porto Rican can not become if they see fit to come here and reside in good faith and for all naturalized in Porto Rico, in the courts of Porto Rico; he must time they never can become naturalized. Their condition is come here. worse than the condition of their fellow-citizens who, under the Mr. HALE. The language is- terms of the treaty of peace, elected to retain theil: allegiance to and who may become residents of any State or organized Territory. Spain. That would not include Porto Rico? Mr. BEVERIDGE. The Senator will observe- · Mr. FORAKER. No. The PRESIDENT pro tempore. Under Rule VIII no Senator Mr. HALE. So that M Porto Rican, after this bill passes, can is entitled to speak more than once. be naturalized unless he becomes a resident of the United States. Mr. BEVERIDGE. I was going to put a query to the Senator. Mr. BEVERIDGE. And makes his declaration. However, I will not insist upon it. Mr. HALE. Or who may become a resident of any State or Mr. SPOONER. I do not intend to speak on the bill. I only Territory, just as if he came from Ireland or Italy or Germany. wish to ask the Senator from Ohio whether, in view of its impor- Mr. FORAKER. Precisely the same, except that he is allowed tance, it would not be better that it sho~d go over and not be credit for the time he has lived under our jurisdiction, whether considered under the five-minute rule? that be in Porto Rico- Mr. FORAKER. I am willing that it shall go over, if Senators Mr. HALE. Where is that provision? think they want to discuss it; but it seems to me to be a very The applicant shall not be required to renounce allegiance to any foreign simple proposition. It appears to me that these Porto Ricans, sovereignty- who have been under our jurisdiction and who have been good That is right- and loyal people, ought to be put on at least as good footing as he shall make his declaration of intention to become a citizen of the United the Spaniard who elected to retain his allegiance to Spain. States at least one year prior to his admission; and residence within the juris- Mr. PETTUS. Mr. President- diction of the United States, owing such permanent allegiance, shall be re- garded as residence within the United States within the meaning of the five- The PRESIDENT pro tempore. Does the Senator from Ohio years' residence clause of the existing law. yield to the Senator from Alabama? That is, he must count up five years either of residence since Mr. FORAKER. Certainly. the passage of the Foraker Act or in the United States. Mr. PETTUS. I desire to ask a question of the Senator in Mr. FORAKER. Yes. charge of the bill. Would it not be better to make the island of Mr. BEVERIDGE. If a citizen of the Philippines comes over Porto Rico a Territory and thereby solve the question as to here and under the provisions of this proposed act becomes nat- citizenship? uralized and then goes back there, he is no longer a citizen of the Mr. FORAKER. Well, that is a different kind of a question. Philippine Islands, but a citizen of the United States, is he not? I have not as much objection to that as some of my colleagues in Mr. FORAKER. He is no longer what? the Senate hawe expressed. I think the Porto Ricans have a gcod Mr. BEVERIDGE. He is a citizen of the United States. He government now. I think they have a very fortunate position comes over here and becomes naturalized, and when he goes back under the law under which they are living and by which they are he goes back as a citizen of the United States like anybody else being governed. I doubt if a Territorial government would be of who goes from the United States. Would not that be the effect any advantage to them or, at the present time, of any advantage to of this bill? us. But whether they are to have the one or the other, it seems There are two or three propositions embraced in the bill which to me that at once they ought to be given the right to become present some confusion, at least in my mind. It raises rather an naturalized citizens of the United States if they so desire. anomalous condition of things. Mr. HALE. This will not apply to many people,_ Very few of Mr. LODGE. The bill does not touch the Philippine Islands those people will come here. at all. Mr. FORAKER. Very few. Mr. BEVERIDGE. It does not? I do not know. Mr. BEVERIDGE. They will come over and go back there. Mr. LODGE. It refers only to citizens of Porto Rico. Mr. FORAKER. If they do go back, they go back as citizens, Mr. GALLINGER. . It does not in the text. and that will be all the better for us. Mr. FORAKER. It does only in the title. Mr. FAIRBANKS. Mr. President,· I rise simply to observe Mr. GALLINGER. That is all. that I think the bill is certainly a very meritorious one. It set;.m.B Mr. FORAKER. I do not know but that it would be construed to me to be the merest act of justice to give the people of Porto to apply to anybody living anywhere under the jurisdiction of the Rico citizenship here. As it is, they are not citizens of the United United States. States, nor are they capable of becoming citizens. Certainly there Mr. BEVERIDGE. Yes; under the jurisdiction of the United will be comparatively few of them who will come here; but if States. they do come, they ought 1N b..ave the right to become naturalized. 1256 CONGRESSIONAL RECORD-· SENATE.' JANUARY 27, - Mr. FORAKER. In other words, owing us permanent allegi- FoRAKER] has exhausted his five minutes two or threetinu:a over. ance ought not to put them in a worse situation than is the alien; [Laughter.] their state ought not to be worse than that of aliens. I hope the Mr. FORAKER. Very well. bill will pass without amendment. 1\Ir. BEVERIDGE. The Senator from Ohio has himself ad- Mr. HEYBURN. I should like to inquire, through the Chair, mitted that the bill makes the naturalization laws apply to Porto of the Senator having the bill in charge what is meant by the Rico. · phrase in the last line on page 1, "residence within the jurisdic- Mr. FORAKER. Oh! no; I did not admit that. tion of the United States?" Are not those people now within the Mr. BEVERIDGE. I think the RECORD will so show; and now jurisdiction of the United States? he admits it does apply to the Philippines. It is a pretty broad Mr. FORAKER. Certainly they are; but the purpose is to division. I think that I shall have no objection, so far as I am give them credit for the five years required to entitle them to concerned, to the bill; but however much has been said here, it is naturalization, although they are living in Porto Rico. perfectly clear that Senators have had new thoughts sugge ted Mr. HEYBURN. Would they not be within the jurisdiction to'them as the discnssion of the matter has proceeded. If, how- of the United States if they lived in the Philippine Islands? ever, the Senator from Ohio is anxious that the bill shall pass, I Mr. FORAKER. Certainly they would. have no objection. Otherwise I should like the bill to go over. Mr. HEYBURN. Then, it seems to me, the question of resi- Mr. LODGE. I have not spoB:en, I believe, Mr. President. dence is not really material to be expressed in the bill, inasmuch The PRESIDENT pro tempore. The Chair recognizes the Sena- as they now reside within the jurisdiction of the United States. tor from Massachusetts. Mr. FORAKER. If the Senator will permit me, under the Mr. LODGE. Mr. President, the title of the bill is faulty, but naturalization laws as they now exist, those people must reside the bill itself is perfectly correct. There is no misunderstanding here within the United States for five years. And the purpose possible abont it. The title simply needs to be made commensu­ of tbe committee in framing the bill in this case was to let those rate with the bill-that is all-and that can be done when that people have credit for the time they have lived under our juris- stage in the consideration of the bill is reached. The bill is not diction, whether here or in Porto Rico, owing us allegiance. fmm my committee, but I sincerely hope it may pass, as it con- Mr. HEYBURN. Is it the intention that they shall live within tains provisions which I am certain are extremely important to the jurisdiction of the United States for the period named in the the welfare of the people of that island. bill, even though they may have lived within that jurisdiction Mr. FORAKER. I will move an amendment to the title at ther in the island of Porto Rico? proper time. ' Mr. FORAKER. When we come to consider whether they · The bill was reported to the Senate without amendment, ordered have been five years residing within the jurisdiction of the United to be engrossed for a third I'eading, read the third time, and passed. States, the purpose of the bill is to give them credit for all the On motion of Mr. FORAKER, the title was amended so as to Tead: time that they have lived under our jurisdiction and have been · "A bill to amend the provisions of the naturalization laws of the owing us allegiance. United States, and for other purposes." · Mr. HEYBURN. Do I understand that they will be entitled, Mr. SPOONER. I move to reconsider the vote by which the upon application for citizenship, to have credit for the time that bill has been passed, and I ask that my motion may go over until they have resided in Porto Rico since it has been under our to-morrow. jurisdiction? The PRESIDENT pro tempore. The Senator from Wisconsin Mr. FORAKER. They wonld be entitled to whatever time ·. enters a motion to reconsider the vote by which the bill has been they can show they have lived here or in Porto Rico since the passed. island has been under our jurisdiction and subject to our laws. ALA.RAMA. RIVER BRIDGE NEAR. MONTGOMERY, ALA. Mr. NELSON. Mr. President, 80 far as I am concerned my The bill (S. 2465) to authorize the Montgomery and Autanga mind is entirely clear that the bill is a perfectly harmless one. Bridge Company to construct a bridge across the Alabama River The people of Porto Rico are citizens of the United States in that eneral sense that all persons who are snbJ'ect tv our J'urisdiction nea-r the city of Montgomery, Ala~, was considered as in Com­ g mittee of the Whole. a1·e citizens. There are two classes of citizenship. One is a citi- The bill was reported from the Committee on Commerce with zenshipbywhich we understand a man to beavoter. Thatright all f can only be acquired through legislation. But there is another an amendment,. to strike out a ter the enacting clause and in- citizenship, as to which the word is used in the same sense as is sert: ' " b · t" · · 1...: 1 tri That the act approved March 3, 1.901. entitled "An act to authorize the t h e term su Jec m monarClllCa conn: es. Montgomery and Autauga. Bridge Company to construct a bridge across the If Senators will examine the reports they will see that the Su- Alabama River near the city of Montgomery,Ala..," which act has expired preme Conrt has decided that nnder our immigration laws the by limitation, be, and is hereby. revived and reenacted. iT\le of Porto Rico are not aliens, and I think, under the four- SEC.2. Tha.tsection5ofthesaidactbeamendedsoastoreadasfollows: peo.t' "SEO. 5. That all street-ra.Il'way companies desiring to use said bridge shall teenth amendment, they are clearly citizens of the United States be allowed to do so upon paying a reasonable compensation for such use, and in the broad general sense. If Senators will examine the case of all telephone and telegraph companies shall be granted equalrightsand priv- f Nebraska, I think they will find the principles ileges in the construction and operation of their lines across said bridge; and Govemor Boyd, O if actual construction of the bridge herein authorized shall not be commenced laid down in that case which will cover this case. There is such within one year and be completed within three years from March a~ 1904, the a thing as naturalization by the incorporation of one country as a rights and privileges hereby granted shall cease and be determinea." part of another country. Where we incorporate a country and The amendment was agreed to. make it a part of our own we make the people of that country The bill was reported to the Senate as amended, and the amend- citizens of our own. ment was concurred in. Having this view of the case, I regard the bill as perfectly harm- The bill was ordered to be engrossed for a third reading, read less. I have not any doubt at all that if this matter should be the third timet and passed. brought before the court the people of Porto Rico would be deemed The title was amended so as to read: u A bill to revive and citizens of the United States in the general sense; not as voters, but amend an act entitled 'An act to authorize the Montgomery and as citizens in the same sense that the term "subject'' is used in . Autauga Bridge Company to construct a bridge across the .Ala.- monarchial countries. • · bama River near the city of Montgomery, Ala. " Mr. FORAKER. That is, the term" citizen " 'in the interna- WYOMING STATE SOLDIERS AND SAILORS' HOME. tional sense is equivalent to the term "subject" in a monarchy, where they owe us allegiance and we owe them protection. Mr. GALLINGER. I move that the Senate pl'oceed to the Mr. NELSON. In that sense they are citizens, but in respect consideration of executive business.. to the right of suffrage that is a matter regulated wholly by local Mr. WARREN. Will the Senator withhold that motion for a law. moment? The PRESIDENT pro tempore. The bill is still before the :Mr. GALLINGER. I will, with pleasure. Senate as in Committee of the Whole, and open to amendment. Mr. WARREN. I desire to ask unanimous consent for the Mr. BEVERIDGE. I think the bill ought to go over, Mr. Presi- consideration of a small bill, which will leave me under soma dent. embarrassment unless it is taken care of. There were two bills~ Mr. FORAKER. I hope not. I want the bill to pass. identical in import, one referring to the State of Idaho and the Mr. BEVERIDGE. If the Senator is anxious about it, I will other to Wyoming, which were reported from the Committee on withdraw my request. Otherwise I shonld like to have the bill Public Lands or ordered to be reported at the same time. Through go over, in order that I may have an opportunity to examine it. an error-the Senator who made the report is not now present­ The PRESIDENT pro tempore. No objection has been ~ade, one was pla~ed on the Calendar far removed from the other. I because no Senator has risen in his place to make an object10n. should like to ask unanimous consent that at this time Senate bill Mr. BEVERIDGE. Does the Chair rule that asking a Senator 921 may be taken up· and considered. a question is speaking within the rnle? Mr. GALLINGER. I will yield for that purpose, bnt give Mr. FORAKER. No; there is no objection to that. notice that I will renew my motion for an executive session im- 'llle PRESIDENT pro tempore. The Senator from Ohio [Mr. mediately after the bill shall have been disposed of. 1904. CONGRESSIONAL RECORD-SENA1.'E. 1257 . Mr. WARREN. I ask unanimous consent for the present con­ To be captains. sideration of the bill (S. 921) granting to the State of Wyoming First Lieut. Edward H. Schulz, Corps of Engineers, January 22, 50,000 acres of land to aid in the continuation, enlargement, and 1904, vice Sanford, promoted. maintenance of the Wyoming State Soldiers and Sailors' Home. First. Lieut. Harry Burgess, Corps of Engineers, January 23, There being no objection, the Senate, as in Committee of the 1904, vice Chittenden, promoted. Whole, proceeded to consider the bill. It grants 50,000 acres of the unappropriated nonmineral public lands within the State of To be first lieutenants. Wyoming to that State, to be selected by the proper authorities Second Lieut. William G. Caples, Corps of Engineers, January thereof, to aid in the continuation, enlargement, and maintenance 22, 1904, vice Schulz, promoted. of the Wyoming State Soldiers and Sailors' Home, but such por­ Second Lieut. Henry C. Jewett, Corps of Engineers, January tion of the granted lands as may not be found necessary for the 23, 1904, vice, Burgess, promoted. purpose specified shall be applied to the support of such public, ORDNANCE DEPARTMENT. benevolent, reformatory, or other educational institution as the legislature of the State may designate. To be colonels. The bill was reported to the Senate without amendment, ordered Lieut. Col. John E. Greer, Ordnance Department, January 19, to be engrossed for a third reading, read the third time, and passed. 1904, vice Mordecai, appointed brigadier-general. EXECUTIVE SESSIO:N. Lieut. Col. John Pitman, Ordnance Department;January 21, Mr. GALLINGER. I now renew my motion that the Senate 1904, vice Butler, appointed brigadier-general. proceed to the consideration of executive business. To be lieutenant-colonels. The motion was agreed to; and the Senate proceeded to the Maj. Daniel M. Taylor, Ordnance Department, January 19,1904, consideration of_executive business. After one hour spent in ex­ vice Greer, promoted. ecutive session the doors were reopened, and (at 4 o'clock and Maj. David A. Lyle, Ordnance Department, January 21, 1904, 50 minutes p. m.) the Senate adjourned until to-morrow, Thurs­ vice Pitman, promoted. day, January 28, 1904, at 12 o'clock meridian. To be ma}01·. Capt. J. Walker Benet, Ordnance Department, January 19,1904, NOMINATIONS. vice Taylor, promoted. Executive nominations received by the Senate January 27, 1904. To be captain. COLLECTORS OF CUSTOMS. First Lieut.. Edward P. O'He1J, Ordnance Department, Janu- George F. Bartlett, of Massachusetts, to be collector of customs ~· ary 19, 1904, VICe Benet, promote · for the district of New·Bedford, in the State of Massachusetts. ARTILLERY CORPS. (Reappointment.) · To be colonels. Ja~es .Brady, of M;assa~hnsetts, to be collector of customs for I Lieut. Col. Frank Thorp, Artillery Corps, January 21, 1904, th~ distnct of Fall R1ver, m the State of Massachusetts. (Reap- vice Taylor, appointed brigadier-general. po~deG~·{,mith, of Massachusetts, to be collector of customs for . Lieut. Col. Lo~s V. C~ziarc, ~ery Corps, January 23,1904, the district of Nantucket, in the State of Massachusetts. (Reap· VIce Story, appomted c~ef.of artillery. pointment.) I To be lteutenant-colonels. APPRAISER OF MERCHANDISE. Maj. Oliver E. Wood, Artillery Corps, January 21, 1904, vice John Linzee Snelling to be appraiser of merchandise in the dis- ~ Thorp, promoted. hict of Boston and Charlesto~n, in the State of Massachusetts, Maj. Edward Da~, A~llery Corps, assistant adjutant-general, vice Alfred W. Brown. (Resigned.) January 23, 1904, VICe Caziarc, promoted. PROMOTIONS IN THE ARMY OF THE UNITED STATES. I To be ma}or. QUARTERMASTER'S DEPARTM.ENT. Capt. David Price, Artillery Corps, January21, 1904, vice Wood, - To be assistant quartermaster-general with the rank of, colonel. I promoted. ' Lieut. Col. George E. Pond, deputy quartermaster-general, . • INFANTRY .ARM. January 20, 1904, vice Hathaway, appointed brigadier-general. To be colonels . 1 •To be deputy qua1·termasters-general with the rank of lieutenant- Lieut. Col. George A. Cornish, Twenty-sixth Infantry, January colonel. I1 20, 1904, vice Haskell, Third Infantry, appointed brigadier- Maj. William W. Robinson, jr., quartermaster, January 20, general. 1904, yice Pond, promo~d. . 1 Lieut. Col. Charles A. Williams United States ·Infantry, in- MaJ. Medad C. Martin, quartermaster, January 22, 1904, VICe spector-general, January 23,1904, VICe1 Kline, Twenty-first Infan- True, appointed brigadier-general. try, appointed brigadier-general. PAY DEPART:ME...~T. Lieut. Col. Marion P. Maus, Twenty-second Infantry, January To be assistant paymaster-general with the rank of colonel. 24,1904, vice McCaskey, Twentieth Infantry, appointed brigadier­ general. Lieut. Col. Charles H. Whipple, deputy paymaster-general, Lieut. Col. Frederick A. Smith, United States Infantry, in- January·25, 1904, vice Dodge, appointed Paymaster-General. spector-genel'al, January 24, 1904, vice Dougherty, Eighth In- To be deputy paymaste1·s-general with the 1·ank of lieutenant- fan try, appointed brigadier-general. colonel. To be lieutenant-colonels. :Maj. John C. Muhlenberg, paymaster, January 23, 1904, vice Dodge, promoted. . Maj. W~am Paul~g, Eighteenth Infantry, January 20, 1904, :aiaj. George R. Smith paymaster Jannary 25 19o4 vice Whip- VIce qorniSh, Twent~-sixth Infantry' promoted. ted ' ' ' ' MaJ. Lorenzo W. Cooke, Twenty-sixth Infantry, January 24, P1 e, promo · - ' 1904, vice Mans, Twenty-second Infantry, promoted. To be paymaste1· u'ith the rank of major. Capt. William G. Gambrill, paymaster, January 23, 1904, vice POSTMASTERS. Muhlenberg, promoted. C.A.LIFOR!ot"'A. CORPS OF E...~GTh""E . ERS. Lucetta Wood to be postmaster at Point Richmond, in the county of Contra. Costa and State of California. Office became To be colonel. Presidential April 1, 1903. Lieut. Col. Charles W. Raymond, Corps of Engineers, January IDAHO. 23,1904, vice Mackenzie, appointed Chief of Engineers. John Larson to be postmaster at Hope, in the county of Koote­ To be lieutenant-colonels. nai and State of Idaho. Office became Presidential January 1, Maj. Charles F. Powell, Corps of Engineers, January 22, 1904, 1904. vice Allen, appointed brigadier-general. ILLINOIS. Maj. John G. D. Knight, Corps of Engineers, January 23,1904, Daniel McArthur to be postmaster at Glencoe, in the county of vice Raymond, promoted. Cook and State of illinois. Office became Presidential.April1, To be majors. 1903. Capt. James C. Sanford, Corps of Engineers, January 22, 1904, INDIANA.. vice Powell, promoted. John G. Lowry to be postmaster at Montezuma, in the county Capt. Hiram :M:. Chittenden, Corps of Engineers, January 23, of Parke and State of Indiana. Office became Presidential Jan­ 1904, vice Knight, promoted. uary 1, 1904. 1258 CONGRESSIONAL RECORD-SENATE. JANUARY 27,

KANSAS. CONFIRMATIONS. Jnne B. Smith to be postmaster at Cottonwood Falls, in the Executive nominations confirrned by the Senate January 27, 1901;. county of Chase and State of Kansas, in place of William Norton, POSTMASTERS. resigned. ALABAll.A.. MARYLAND. Charles Valentine to be postmaster at Clayton, in the county of Samuel Hambleton to be postmaster at Rising Stm, in the county Barbour and State of Alabama. · of Cecil and State of Maryland, in place of Samuel Hambleton. Incumbent's commission expired January 17, 1904. DELAWARE. Walton C. Orrell to be postmaster at Centerville, in the county Charles C. Tomlinson to be postmaster at Delmar, in the county of Queen Anne and State of Maryland, in place of John E. Wil­ of Sussex and State of Delaware. son. Incumbent's commission expired December 19, 1903. .· ILLINOIS. MTh"NESOTA. Joseph H. Hunt to be postmaster at Byron, in the county of . h d to be tm te t Th' f R' F · Ogle and State of Illinois. I ra C · RIC ar son pos as --r a le Iver ails, m the William A. McKnight to be postmaster at Alexis, in the county county of Red Lake and State of Minnesota, in place of Ira C. Richardson. Incumbent's commission expired January 23, 1904. of Warren and State of illinois. IDCHIGAN. MISSISSIPPI. Frank A. Peavey to be postmaster at Upton Works, in the county William B. Martin to be postmaster at Indianola, in the county of St. Clair and State of Michigan. of Sunflower and State of Mississippi, in the place of Minnie M. Cox. Incumbent's commission expired January 25, 1904. IDSSOURI. John N. Bishop to be postmaster at Ironton, in the county of MIS!!OURI, Iron and State of Missouri. Samuel R. Durham to be postmaster at Piedmont, in the county George E. Muns to be postmaster at Montgomery City, in the of Wayne and State of Missouri. Office became Presidential Jan­ county of Montgomery and State of Missouri. nary 1, 1904. William C. Gardner to be postmaster at Billings, in the county Thomas L. Howden to be postmaster at Skidmore, in the county of Christian and State of Missouri. of Nodaway and State of Missouri. Office became Presidential OHIO. January 1, 1904. Harlow N. Aldrich to be postmaster at Elmore, in the county NEW lLUl:PSHIRE. of Ottawa and State of Ohio. Frank S. Huckins to be postmaster at Ashland, in the county TEXAS. of Grafton and State of New Hampshire, in place of Frank S. John B. Baker to be postmaster at Haskell, in the county of Huckins. Incumbent's commission expires February 2, 1904. Haskell and State of Texas. NEW YORK. David W. Barnhill to be postmaster at Uvalde, in the county of Uvalde and State of Texas. Delano D. Cottrell to be postmaster at North Cohocton, in the William H. Bradley to be postmaster at Groveton, in the county county of Steuben and State of New York, in place of Delano D. of Trinity and State of Texas. · Cottrell. Incumbent's commission expires February 2, 1904. Wesley J. Clarke to be postmaster at Dalhart, in the county of Charles H. Griffin to be postmaster at Oakfield, in the county Dallam and State of Texas. of Genessee and State of New York, in place of Charles H. Griffin. David Doole, jr., to be postmaster at Brady, in the county of Incumbent's commission expired January 18, 1904. McCulloch and State of Texas. · Henry P. Wilcox to be postmaster at Cohocton, in the county Carl E. Ericson to be postmaster at El Campo, in the county of of Steuben and State of New York, in place of Henry P. Wilcox. Wharton and State of Texas. Incumbent's commission expires February 2, 1904. Alice S. Farmer to be postmaster at De Leon, in the county of Peter H. Zimmerman to be postmaster at .Wayland, in the Comanche and State of Texas. county of Steuben and State of New York, in place of Peter H. Henry C. Ford to be postmaster at Whitney, in the county of Zimmerman. Incumbent's commission exffires February 2, 1904. Hill and State of Texas. NORTH CAROLINA. James Gipson to be postmaster at Coleman, in the county of William P. King to be postmaster at Windsor, in the county of Coleman and State of Texas. Bertie and State of North Carolina. Office became Presidential Andrew J. Han'ison to be postmaster at Goldthwaite, in the January 1, 1904. county of Mills and State of Texas. OHIO. C. M. Hughs to be postmaster at Wharton, in the county of Wharton and State of Texas. · Lee L. Cassady to be postmaster at Dresden, in the county of William C. Hurley to be postmaster at Sulphur Springs, in the Muskingum and State of Ohio, in place of Lee L. Cassady. In­ county of Hopkins and State of Texas. . cumbent's commission expired December 19, 1903. William H. King to be postmaster at Whitewright, in the county John C. Douglass to be postmaster at College Comer, in the of Grayson and State of Texas. county of Butler and State of Ohio. Office became Presidential Julius Laux to be postmaster at Flatonia, in the county of January 1, 1904. Fayette and State of Texas. • SOUTH DAKOTA. William N. Merritt to be postmaster at Nocona, in the county John Longstaff to be postmaster at Huron, in the county of of Montague and State of Texas. · Beadle and State of South Dakota, in place of Charles N. Cooper. Orion L. Niccolls to be postmaster at Marfa, in the county of Incumbent's commission expired January 3, 1904. Presidio and State of Texas. Abram E. Van Camp to be postmaster at Highmore, in the Frank H. Pierce to be postmaster at Laredo, in the county of county of Hyde and State of South Dakota. Office became Presi­ Webb and State of Texas. dential January 1, 1904. Clarence V. Rattan to be postmaster at Cooper, in the county of Delta and State of Texas. TEXAS. Isham Russell to be postmaster at Winnsboro, in the county of Charles R. Bone to be postmaster at Beaumont, in the county Wood and State of Texas. of Jefferson and State of Texas, in place of Charles R. Bone. In­ Joel B. Sharpe to be postmaster at Brownsville, in the county cumbent's commission expired January 23, 1904. of Cameron and State of Texas. Crockett Campbell to be postmaster at Lufkin, in the county of Harper Simpson to be postmaster at Edna, in the county of Jack­ Angelinri. and State of Texas, in place of Joshua W. Shotwell. son and State of Texas. IncumbenVs commission expired January 23, 1904. JohnS. Snook to be postmaster at Caldwell, in the county or Frankie Hous els to be postmaster at Childress, in the county Bm·leson and State of Texas. of Childress and State of Texas, in place of Frankie Houssels. George H. Sparenberg to be postmaster at Big Spring, in the Incumbent's commission expired January 23, 1904. county of Howard and State of Texas. B. M. Sheldon to be postmaster at Rockport, in the county of Charlie B. Starlrie to be postmaster at Holland, in the county Aransas and State of Texa-s. Office became Presidential October of Bell and State of Texas. 1, 1903. George F. Taylor to be postmaster at Royse City, in the county WISCONSIN. of Rockwall and State of Texas. Dean J. Hotchkiss to be postmaster at Foxlake, in the county of WEST VIRGINIA. Dodge and State of Wisconsin, in place of Moses E. Williams,re- James F. Strother to be postmaster at Welch, in the county ot sir,ned. McDowell and State of West Virginia.