1910. CONGRESSIONAL RECORD-HOUSE. 3239

l\Ir. CUMMINS. I am deeply chagrined in discovering that NEW H~SHIRE. I am not able to finish my consideration of this bill to-day. Eugene Lane, at Suncook, N. H. I apologize, but accompany my apology with the suggestion that I have occupied a minor part of the time in which I have NEW JERSEY. been technically given the floor. '~herefore, if it is the pleasure De Witt C. Winchell, at Carteret, N. J. of the Senate, I would be glad to be relieved at this time, to NORTH CAROLINA. resume to-morrow whenever the bill is taken up. Charles F. l\IcKesson, at Morganton, NJ C. [For Mr. CuMMINs's entire speech see Senate proceedings of omo. March 18.] Charles E. Hard, at Portsmouth, Ohio. EXECUTIVE SESSION. Frank M. Martin, at Woodsfield, Ohio. Mr. GALLINGER. I move that the Senate proceed to the PENNSYLVANIA.. consideration of -executive btisiness. Edward C. Dithrich, at Coraopolis, Pa. The m6tiori was agreed 'to; and the Senate proceeded to the William G. Miller, at Yatesboro, Pa. consideration of executive business. .After five minutes spent in WEST VIRGINIA. executive session the doors were reopened, and (at 5 o'clock and 5 minutes p. m.) the Senate adjourned until to-morrow, Thurs­ Sira W. Willey, at Hlnton, W. Va. day, March 17, 1910, at 12 o'clock meridian. WYOMING, Elmer T . Beltz, at Laramie, Wyo_ Frank C. Fawcett, at Newcastle, Wyo. NOMINATIONS. Executive n01ninatiof48 received by the Senate March 16, 1910. PROMOTION IN THE NA VY. HOUSE OF REPRESENTATIVES. Naval Constructor Henry Williams, with the rank of lieuten­ · WEDNESDAY, M areh 16, 1910. ant, to be a naval constructor in the navy with the rank of lieu­ tenant-commander from the 12th day of March, 1910. The House met at 12 o'clock noon. Prayer by the Chaplain, Rev. Henry N. Couden, D. D. PROMOTIONS IN THE ARMY. The Journal of the proceedings of yesterday was read and SIGNAL CORPS. approved. • Capt. Daniel J. Carr, Signal Corps, to be from March SWEARING IN OF A MEMBER. 14, 1910, vice Maj. Eugene 0. Fechet, retired from active service The SPEAKER. The Cha.ir lays before the House the follow­ on that date. ing credentials. INFANTRY ARM. The Clerk read as follows: Lieut.. Col. William T. Wood, infantry, unassigne~ to be Co.MMONWEALTH {)Ji' VIRGINIA : This is to certify that at a meeting of.the board of state canvassers, from March 12, 1910, vice CoL George F. Cooke, Nine­ held at the ofil.ce of the secretary of the Commonwealth the 15th day o:t teenth Infantry, retired from active service on that date. March, 1910, on an examination of the ofil.eia.l abstract of votes on file Maj. Harry L. Bailey, Second Infantry, to be lieutenant­ in that office, it was ascertained and determined that at the speeial March 12, 1910, G. election, held on the first Tuesday after the first Monday in March, 1910, colonel from vice Lieut. Col. Charles Morton, for Member of Congress, R. TURNBULL was duly elected a Member of the Fifth Infantry, detailed as inspector-general on that date. House of Representatives for the Fourth Congressional District of Vir­ Capt. William Weigel, Eighteenth Infantry, to be major from ginia for the unexpired term prescribed by law. Given under my hand and seal of office at Richmond this 15th day March 12, 1910, vice l\Iaj. Harry L. Bailey, Second Infantry, of March. 1910. promoted. [SEAL.] B. 0. JAMES, First Lieut. James G. Hannah, Tenth Infantry, to be Secretary of the Oommo1t.wealtl•. from March 12, 1910, vice Capt. William Weigel, Eighteenth In­ The SPEAKER. If the Member-elect is present, he will pre­ fantry, promoted. sent himself before the bar of the House and take the oath of Second Lieut. Ellery Farmer, Twenty-sixth Infantry, to be office. first lieutenant from March 12, 1910, vice First Lieut. James G. Mr. R. TuRNBULL, Representative-elect from the .Fourth Con­ Hannah, Tenth Infantry, promoted. gressional District of Virginia, presented himself t;>efore the bar of the House and took the oath of office. CONFIRMATIONS. MESSAGE FROM THE SENA.TE. Executive nominations confirmed by the Senate Mm·ch 16~ 1910. A message from the Senate, by Mr. Crockett, one of its clerks, POSTMASTERS. announced that the Senate had passed with amendments bills CONNECTICUT. of the following titles, in which the concurrence of the House James A. Pitkin, at Portland, Conn. of Representatives was requested : H. R. 19959. An act granting pensions and increase of pensions ILLINOIS. to certain soldiers and sailors of the civil war and certain wid­ Fred C. Kile, at Blue Island, m ows and dependent relatives of such soldiers and sailors; Eld~ard F. Ledoyt, at Sandwich, IlL H. R. 20480. An act granting pensions and increase of pensions Harry B. Ward, at Duquoin, ill to certain soldiers and sailors of the civil war and certain wid­ IOWA. ows and dependent relatives of such soldiers and sailors; and A. W. Jackson, at West Liberty, Iowa. H. R. 20490. An act granting pensions and increase of pen ions John R. Smull, jr., at Stuart, Iowa. to certain soldiers and sailors of the Regular Army and Navy, and certain soldiers and sailors of wars other than the civil MAINE. war, and to widows and dependent relatives of such soldiers Fitz M. Fish, at Hallowell, Me. and sailors. Newton H. Fogg, at Sanford, Me. The message also announced that the Vice-President had ap­ Winthrop 0. Fogg, at Freeport, Me. pointed l\Ir. PERcY a member of the Joint Immigration Commis­ Reuel W. Norton, at Kennebunk Port, Me. sion on the part of the Senate, as provided for in the act of William Stackpole, at Saco, Me. February 20, 1907, entitled "An act to regulate the immigra­ MA~SA.CHUSETTS. tion of aliens into the ," in place of Mr. McLaurin, Benjamin F. Brooks, at Barre, Mass. deceased. George G. Cook, at Milford, Mass. The message also announced· that the Senate had agreed to Louis C. Hyde, at Springfield, Mass. the report of the committee of conference on the disagreeing votes of the two Houses on the amendments of the Senate to MICHIGAN, the bill (H. R. 15816) to amend an act entitled "An act to regu· Arthur L. Fitch, at Charlevoix, Mich. late the immigration of aliens into the United States," approved Richard M. ;Johnson, at Middleville, Mich. February 20, 1907. William B. Kelly, at Tawa.s City, Mii!h. The message also announced that the Senate had passed bills George w. Moulton, at Belding, Mich. and joint resolution of the following titles, in which the concur­ Lester R Place, at Three Rivers, Mich. rence of the House of Representatives was requested: Judson M. Spore, at Rockford, Mich. S. 1056. .An act for the relief of Benjami.Ii Hyde; MISSISSIPPI. S.1751. An act to amend an act entitled "An act creating the W. C. Peel, at Greenwood, Miss. Mesa Verde National Park," approved June 29, 1906; ·3240 CONGRESSIONAL RECORD-HOUSE. MARCH 16,

S. 2984. An act to grant certain lands to the town of La Junta, The SPEAKER. The call of the roll shows present 282 Mem­ Colo.; bers; a quorum. S. 8792. An act for the relief of the Saginaw, Swan Creek, and Mr. OLMSTED. Mr. Speaker, I move to dispense with fur­ Black River band of Chippewa Indians in the State of Michi­ ther proceedings under the call. gan; The SPEAKER. The gentleman from Pennsylvania moyes S. 3793. An act for the relief of the Miami Indians; to dispense with further proceedings under the call. S. 5314. An act to extend the time of payments on certain The question was taken, and the motion was agreed to. homestead entries in Oklahoma; The SPEAKER. The Doorkeeper will open the doors. The S. 5432. An act to authorize the city of Seattle, Wash., to gentleman from Indiana-- purchase certain lands for the protection of the source of its Mr. CRUMPACKER. l\Ir. Speaker-- water supply ; Mr. HULL of Iowa. Mr. Speaker, a parliamentary inquiry. S. 5629. An act to set apart certain lands in the State of The SPEAKER. The gentleman will state it. Oregon as a public park, to be known as the Saddle Mountain l\Ir. HULL of Iowa. Is not this calendar Wednesday? National Park; . The SPEAKER. This is calendar Wednesday; but the· Chair S. 5783. An act authorizing and directing the Secretary of the desires to hear what the gentleman from Indiana, who ad­ Interior to vacate certain lands in Oklahoma reserved for a dressed the Chair, has to say. For what purpose does the gen­ town site, and for other purposes ; tleman from Indiana rise? S. 6152. An act providing for the allotment of land to the Mr. CRUMPACKER. Mr. Speaker, I call up for considera­ Apache and other Indians under the charge of the War D~ tion House joint resolution 172, a resolution of constitutional partment, Fort Sill Military Reservation, Okla., and for other privilege, which resolution I believe to be in order to-day under purposes; the rules of the House. S. 6793. An act authorizing the construction of a bridge across The SPEAKER. The Clerk will report the resolution. the Columbia River in the counties of Okanogan and Douglas, The Clerk read as follows: Wash.; House joint resolution 172, enlarging the scope of inquiry of the sched­ S. 6794. An act authorizing the construction of a bridge across ules relating to population for the Thirteenth Decennial Census. the Okanogan River in the county of Okanogan, Wash.; Resolved, etc., That the schedules relating to population for the S. 6965. An act for the relief of Samuel W. Campbell; Thirteenth Decennial Census, in addition to the inquiries required by the act entitled "An act to amend section 8 of an act to provide for the S. 7058. An act granting pensions and increase of pensions to thirteenth and subsequent decennial censuses, approved July 2, 190!:1," certain soldiers and sailors of the civil war and certain widows approved February 25, 1910, shall provide inquiries respecting the and dependent relatives of such soldiers and sailors; nationality or mother tongue of all persons born in foreign countries. S. 7090. An act fixing the expense allowance for travel and The committee amendment was read, as follows: · attendance of United States district judges when necessarily Strike out the period at the end of line 10 and insert " and of the absent from their place of residence on official duty in any nationality or mother tongue of parents of foreign birth of persons other place in their districts; enumerated." S. 7096. An act granting permission to certain officers of the Mr. FITZGERALD. Mr. Speaker, I make the point of order United States to accept gifts from the governments of foreign that this is not in order-- . states, and authorizing the Department of State to deliver said Mr. MANN. Mr. Speaker, I make the point of order that gifts; ' this being calendar Wednesday, no other business is in order S.1021. An act to appoint James B. Ferguson a first lieuten­ unless calendar Wednesday be dispensed with by a two-third ant in the Medical Corps of the Army and place him on the vote of the House. I make this point of order not for the pur­ retired list ; and pose of opposing the resolution,_but to obtain a decision on this s. J. Res. 24. Joint resolution empowering the Court of Claims point. to ascertain the amount of the "civilization fund" paid by the The SPEAKER. The gentleman from Illinois makes the Osages and applied to the benefit of other Indians, and for other point of order that this joint resolution is not in order to-day, purposes. this being calendar Wednesday. What point of order does the AMENDMENT OF SECTION 8 OF THE CENSUS ACT. gentleman from New York make? Mr. FITZGERALD. l\fr. Speaker, I make the point of order .Mr. CRUMPACKER. Mr. Speaker, I call up for considera­ that nothing is in order under the rule to-day except the call tion llouse joint resolution 172, a resolution of constitutional of committees. privilege. The SPEAKER. Practically the same point of order. The Mr. DWIGHT. Mr. Speaker, I make the point that there is Chair will hear either gentleman on the point of order, or both. no quorum present. Mr. FITZGERALD. I am willing to rest the case on the The SPEAKER. The gentleman from New York makes the previous decisions. point that no quorum is present. The Chair will count. [After The SPEAKER. The Chair is prepared to rule, if no gentle­ counting.] One hundred and ten gentlemen are present; not a man desires to be heard. The Chair reads from the Consti­ quorum. Mr. DWIGHT. Mr. Speaker, I move a call of the ·House. tution: Representatives and direct taxes shall be apportioned among the sev­ The SPEAKER. The gentleman from New. York moves a eral States which may be included within this Union according to their call of the House. respective numbers, which shall be determined by adding to the whole The motion was agreed to. number of free persons, including those bound to service for a "term of The SPEAKER. The "ayes" have it; the Doorkeeper will years, and excluding Indians not taxed, three-fifths of all other persons. close the doors, and the Clerk will call the roll. Another clause of the Constitution: The Clerk called the roll, when the following Members failed The actual enumeration shall be made within three years after the to answer to their names : fil'st meeting of the Congress of the United States and within every subsequent term of ten years in such manner as they shall by law Alexander, N. Y. Elvina Korbly Randell, Tex. direct. Allen Esch Lamb Rauch Anthony Finley Langley Reid That is all that is necessary to read touching the constitu­ Barchfeld Focht Legare Riordan tional provisions. Barclay Fornes Lloyd Roberts Bartlett, Nev. Foulk rod Lowden Rucker, Colo. Now, the rule of the House relating to calendar Wednesday Bingham Fuller Lundin Saunders is, in substance, that no business shall be in order except the Boehne Gaines McCall Sharp call of committees, unless by a two-thirds vote calendar Wed­ Bou tell Gardner, N. J. McKinlay, Cal. Sherley . nesday is dispensed with. Now, under the rule of the House Bowers Garner, Pa. McKinley, Ill. Sherwood Burgess Gilmore McLaughlin, Mich.Simmons it is perfectly clear that a question which is merely made Burke, Pa. Godwin McMorran Slemp privileged by the rules of the House would not be in order to­ Campbell Goebel Macon Smith, Cal. day; but this is a higher question. Capron Gcld!ogle Madden Smith, Tex. Carlin Guernsey Madison Snapp Mr. FITZGERALD. I beg to call the Chair's attention to Carter Hamill Mays Southwick another provision of the Constitution. Cassidy Haugen Millington Sparkman The SPEAKER. The Chair· will yield presently to any sug­ Chapman Moxley Sturgiss Covington ~!lf~ Mudd Sulzer gestion that the gentleman desires to make. Cravens Helm Murdock Swasey This joint resolution is called up by the gentleman from Crow Hill Nicholls Taylor, Ala. Indiana [Mr. CRUMPACKER], and upon its face it provides an Davis Hinshaw Norris Tener Denby Howard O'Connell Wallace amendment to the law for taking the census, and especially for Dic kin~on Huff Olcott Weeks the enumeration of ·the inhabitants of the United States, and Diekema Hughes, W. Va. Page Willett that in the opinion of the Chair is a question of privilege that Dou07las J"amieson Patterson Driscoll, M. E. Knapp Pou arises under the Constitution. The fixed law of the land-the 1910. CONGRESSIONAL RECORD-HOUSE. 3241

Constitution-of course overrides any rule that the House might Mr. GARDNER of . Mr. Speaker, I was going make for its procedure, although it is true that the Constitution to ask the Chair to suspend decision for a minute. empowers the House to make rules for the conduct of its busi­ The SPEAKER. The gentleman can be heard on the appeal. ness. The Chair, however, finds that questions similar to this Mr. GARDNER of Massachusetts. Unless it is moved to Jay have frequently been brought to the attention of the House, the appeal on the table, and then I could not. when business has arisen where the rules of the House touching The SPEAKER. The Chair would be glad to recognize the the order of business conflict with the demands of the Constitu­ gentleman from Massachusetts, but the gentleman from New tion, and the Chair will have the Clerk read from a decision York is one of the gentlemen who made the point of order. made by Mr. Speaker Henderson, as quoted in the Parliamentary Does the gentleman from New York yield to the gentleman from Precedents. :Massachusetts? - The Clerk read as follows: Mr. PAYNE. M:r. Speaker, I move to lay the appeal on the table. 306. A bil~ relating to the taking of the census was held to be privi­ leged because of the cohstitutional requit·ement. On January 16, 1900, l\fr. FITZGERALD. Oh, I hope the gentleman will not do Mr. Albert J. Hopkins, of Illinois, from the Select Committee on the that at present. Twelfth Census, reported as privileged the bill ( S. 2179) relating to the The SPEAKER. The Chair has already recognized the gen­ twelfth and subsequent censuses and giving to the director thereof additional power .and authority in certain cases, and for other pur- tleman from New York. Mr. FITZGERALD. I yield five minutes to the gentleman po:.M~: Charles A. Russell, of Connecticut, made the point of order that from Massachusetts. the report was not privileged. After debate the Speaker held- - Mr. GARDNER of Massachusetts. Mr. Speaker, if I had The question arises by the gentleman from Illinois [Mr. Hopkins], been recognized before the Speaker made his ruling, I should chairman of the Special Committee on the Twelfth Census, bringing in bave called his attention to this fact: In all those rulings his report. Were . this an original question that had not been passed upon, the which accord privilege to bills presented as the result of a con­ Chair might rule differently than he feels constrained to rule at this stitutional mandate, the basis on which they were given privi­ time. lege has invariably been this, that if they were held to be un­ The Constitution of the United States makes it mandatory upon Con­ gress to take a census of the people every ten· years. It also requires privileged it might be impossible at the end of a session, for the Congress to make an apportionment of the Members of Congress illstance, for the House to perform its constitutional duty, for each State. The Constitution also authorizes the Congress to adopt owing to the fact that other bills had the right of way. In rules for its procedure. short, there might be no opportunity for the House to consider If this was an original questionJ the Chair would be inclined to hold that If the House adopts rules or procedure and leaves out any com­ a bill which was presented in response to the constitutional mittee from the list of committees whose reports are privileged that mandate. Such rulings are predicated on the existence of a that committee would be remitted to those rules of procedure adopted by the House for its guidance. But the Chair finds that a question which \ery different situation. The denial of privilege to bills of the Chair thinks is identical in every particular was ruled upon in the this class merely on ca endar Wednesday would result in no Fifty-first Congress. I quote : situation such that the House would be prohibited from per­ "A bill making an apportionment of Representatives presents a forming its constitutional duty, unless, perchance, we were to privileged question. On December 16, 1890, l\Ir. Mark H. Dunnell, of Minnesota, as a privileged question, moved that the House proceed adjourn sine die to-morrow. to the consideration of the bill of the House (H. R. 8500) making an The SPEAKER. l\fay the Chair interrupt the gentleman apportionment of Representatives in Congress among the several States from Massachusetts for a question? The gentleman said if under the Eleventh Census. The bill having been read at length, Mr. James H. Blount, of Georgia, made the point of order that under the this was the last day of the session, or the next to the last day rule the Committee on the Eleventh Census was not included among of the session, it would be in order. Why? Because of the those having the right to report at any time such business as would direction of the Constitution. Then, if it is in order then, why prope1·Iy come before said committee, and that, therefore, the considera­ tion of the bill at this time was not a privileged question." not in order at any time; and how does the Chair kiiow but The House will see that it could not be more fairly and squarely that the House and the Senate may adjourn without day during stated than Mr. Blount stated it. the present legislative day? "The Speaker, Mr. Reed, being in the chair, overruled the point of order, on the ground that a bill making an apportionment is a privi­ Mr. GARDNER of Massachusetts. Why, Mr. Speaker, that leged question, and, it being a constitutional duty imposed on Congress, case is almost as conceivable as to suppose that it would tali:e the consideration of the bill was clearly a privileged question." two years for the House to organize, and yet no one would At that time the Fifty-first Congress had its Committee on Rules, JLDd probably there never was one more active than the Committee on suppose that it was in order to proceed with this measure be­ Rules of that Congress. It was equipped with all the rules of procedure, fore the House was organized. I am putting the case as a and yet the Committee on the Eleventh Census was not clothed with practical question. I yield back the balance of my time. the power to report at any time. Now, the Chair is unable to see any distinction in principle between an apportionment bill and a bill for Mr. FITZGERALD. l\fr. Speaker, it seems to me that under taking the Twelfth Census. The Chair bas examined this bill. It ls the present rule the situation is entirely different from what amendatory of the act which we passed in the last Congress for taking has existed heretofore. The gentleman from Indiana reported the Twelfth Census. It is supplemental to that act. It contains simply provisions for taking the Twelfth Census, all in the same line, and all his bill on yesterday as a matter of privilege. He was entitled required by the Constitution. then to call it up; it was in the possession of the House. He If the decision made in regard to the consideration of the apportion­ did not exercise his right to call the bill up, but permitted it to ment bill was sound law, it seems to the Chair clear that it ought to be a sound ruling that this is privileged. The Chair thinks gentlemen of go over until to-day. The House is given power under the Con­ the House will all agree that when decisions are made it is well, unless stitution to make its own rules. It has not made a rule which they are clearly in abuse of the rules of the House, that these prece­ says that this bill can not be considered on Wednesday, but it dents should be followed. It is a guide to all Members and will aid them in their work. has provided means by which the bill can be taken up, should Now, when the bill for the Twelfth Census was first brought up the the House desire to consider it. gentleman in charge of the bill, the same gentleman as now presents If the ruling of the Speaker is logical that this bill is in this, offered it as a privileged report. The Speaker did not rule upon tt. Thi! gentleman from [Mr. BAILEY] reserved all rights against order, will the next ruling be that the question of consideration the bilf, saying that be was not clear that it was a privileged bill at can not be raised against the bill because the House is charged all, and with that reservation the bill was considered as introduced in the House, to be printed for the information of the House, and the with the constitutional duty of enacting this legislation and chairman of the committee, the gentleman from Illinois, gave notice must consider it, whether it will or not? · that he would call it up the following Monday. The SPEAKER. If the Chair may suggest, in reply to the gen­ That being suspension day, it was passed under suspension of the rules, and the suggested questions of the week before, or some days tleman, it is always in the power of the House to consider what­ before, were not passed on. But the Chair is clearly of the opinion ever matter it may choose to consider, even in impeachment that the decision made in the Fifty-first Congress is sufficient warrant cases or election cases, or cases like this. for holding this to be a privileged question. Mr. FITZGERALD. It is also true that the House could pro­ . The SPEAKER. The Chair desires to state that there are vide, on questions of consideration being raised, a bill should still other authorities analogous to this precedent, namely, not be considered unless two-thirds of the House voted to con­ decisions by Speaker Reed and by Speaker KEIFER, and the sider the bill, and not a majority, as now required under the Chair has just caused to be read the ruling made by ~peaker rule. If that be conceded, then this rule which provides for Henderson. The examination of the precedents shows -that a calendar Wednesday makes no other provision except that a certain class of business, like election cases, like matters arising motion to proceed to some other busine s, different from the in impeachment, and like legislation relating to apportionment business provided for on calendar Wednesday, can on1y be pro­ or the taking of the census as to the population, have invariably ceeded with in the event that two-thirds of the House vote to been admitted as involving constitutional privilege, presenting consider it. a privilege higher than any rule of the House would give. Mr. MANN. Does the gentleman contend that no business Therefore the Chair overrules the point of order. can be presented to the House on calendar ~ednesday except Mr. Ii'ITZGERALD. 1\Ir. Speaker, in order that the proceed­ the call of the calendars without dispensing with that call by a ings may be in order, I respectfully appeal from the decision of two-thirds vote? tb~ Chair and ask to be heard. Mr. FITZGERALD. That is my contention; yes. 3242 CONGRESSIONAL RECORD- HOUSE. MARCH 16,,

Mr. MANN~ Before the gentleman e been raised against a Member to take his oath as a would have had five minutes within which to state to the House Member of this House. the object of his motion. Unless he can obtain the vote prondc;i Mr. MANN. Certainly not. It .:is a matter of high privilege. by the rule, he is not entiUed to have his .bill. considered. - l\Ir. FITZGERALD. He has a right to take his oath when he Here is the beginning of the moyement to break down calen­ pleases or demands the right. dar Wednesday. .Here is the entering wedge to be -followed up Mr. :MANN. He may take his oath to-morr·ow. by some other constitutional claim, I suppose an election case, Mr. FITZGERALD. Yes; but he took at to-day. as the gentleman from Illinois suggests. Mr. MAJ\TN. And he has the right to take his oath to-day, 1 Mr. BURLESON. Will the gentleman permit a question? notwithstanding any rule -0f the House. Mr. FITZGERALD. Certainly. Mr. FITZGERALD. That is not at all on all fours with this fr. BURLESON. As I understand, the Constitution imposes question. UJ>On ~ongress the duty of making appropriations to defray the The SPEJAKER. Will the gentleman from New York permit .eXJ>enses of the Government. Would not an appropriation bill a suggestion from the Ohair right at that point? In the Rob­ be gi>en precedence over calendar Wednesday? erts case,. the g~ntJeman will recollect, bours and days were con­ Mr. FITZGERALD. lt is the duty of Congress to pronde sumed touching the question of administering the oath to the the means for the Govel'Il:ment to exist. I submit it is as high man who bad the certificate, and some such question is possible and as important a duty as is the duty to pr-0vide for an enu­ to ari e in every case, or it is possible for some other question to meration. If no enumeration were taken, the G-O'Vernment would arise. not cease ; Members would still be elected under the existing Mr. FITZGERALD. Mr. Speaker, I rocolleet the Roberts law; but if no money were .appropriated to carry ()n the Gov­ case. A Member of this Hou e, on hls responsibility as a Mem­ ernment, I know <>f no constitutional means by whlch money ber of the House, asserted that Mr. Roberts did not possess the could be obtained e."\::CeI>t by >ote of the Congre s. qualifications required m order to entitle him to be sworn as This is an ingenious suggestion of the gentleman from In­ a Member of the House, and the Chair dfrected that he step diana-that he with this particular bill ean come in ·and bre k aside until that question be determined. That is because the down this rule. There is no rule, Mr. Speaker, whieh prevents House has the constitutional right to determine the qualifica­ the gentleman presenting his bill to the House in order, and tions of its Members. This is not at all a similar case. Here there is nothing in the Constitution to prohibit the House :from ts 'a bill upon the calendar of the House. It is not a ·question requiring not only a two-thirds but a thr e-f01ITths vote to con­ as to whether the House shall consider it, but a question as to sider certain matters. I submit that if this day is to be ma.in­ how the House shall I>roeeed to consider it. tained :as lit should be for the benefit rof the House that the mle Ur. UNDERWOOD. Mr. SJ)eaker, if the gentleman from should be -enforced rigidly and kept as the Speaker has been New York will allow me to interrupt, I would suggest to him keeping it, declining even to permit, as he did not long since, that the rule provides that by a two-thirds vote calendar Wednes­ the gentleman from Misseaker in this -case and hope the Hou e Mr. UNDERWOOD. It the Speaker will allow me to make will reverse the decision 'Of the Chair, because r believe if the this suggestion, the question was not raised when the gentle­ decision of the Chair is adopted as the ruling of the House in man from Virginia took his oath. Although unanimous consent this case calendar Wednesday will pass away and be of no was not asked, the oath was administered to him by unanimous more benefit to the House than is the original right t-0 call the consent, because no one objected. calendar. Th.e r€ason ynu could not do business under the old .Mr. MANR SuJ)pose somebody had objected~ would it make rule on the call of the ealendar was that the chairmen of com­ any difference? mittees, under directlon ()f the Speaker or the Rules Oommittee, Mr. UNDERWOOD. I am not disposed to go into that propo­ could inJect between th.e House and the ealendar other :busi­ sition now. I simply say there was no precedent established ness that they denominated as I>rivileo-ed business, and y-0ur here when the gentleman from Virginia took the oath, because calendar was gone. Now, the House, in its wisdom in adopting no one objected. the rule for calendar Wednesday, said that this calendar Wednes­ Mr. MANN. There was no precedent established, of course-­ day should not be interfered with except by a two-thirds v-0te that is, that is binding. of this House. That does not mean a ruling of the Speaker; l\Ir. FITZGERALD. The question of a Member taking his that does not mean a. decision of the Speaker as to whether a oath of office is not at all analogous to the present situation. matter is privileged or is not privileged. It means a vote of Here is a biU upon the calendar- two-thirds of the 1\Iembers of this House. If the gentleman 1\Ir. MANN. Supposing it were an electiop case and we were from Indiana had brought this bill into the House on some other considering the right of a Member to a seat on the 'floor of the day besides calendar Wednesday, ~ould not the House have House. Suppose it were an election case and two-thirds of the i·ejected the consideration of hi bill by a majority vote? Then, House d-etermined that it would not consider the election case. if the House can -refuse to consider a question of taking the Mr. FITZGERALD. Well, but two-thirds would not be ealled census <>r relating to the taking of the census ·o:ri any day of the upon to determine that. week, why can not it by its rule say it shall not be in order to 1\Ir. MANN. Suppose it were an election .case involving the consider it -0n one day in the week '1 If it is m order 'because it right of a Member to a seat in the House. is privileged to consider this bill because it relates to the taking . Mr. FITZGERALD. Mr. Speaker, under the rule the question of the census, it is equally in order to consider to-day a bill of consideration need not be put unless demanded. The House raising revenue. Does not the Constitution -of the United States could provide by rule that no bill could be considered ln the fix the duty on Congress and on this House to consider all House unless two-thirds of the Members of the Honse, upon the revenue bills? I s a bill to take the ~ensus of any more vital question of consid-eration being raised, should vote to con­ import to the people of the United States than a. bill to raise sider the bill. No Member can have his right to a seat tested revenue to support t he Government? I s it of any greater privi• 1910. CONGRESSIONAL RECORD-HOUSE. 3243

Iege or has it been considered of any greater privilege in the Mr. KEIFER. Not at all. That has nothing to do with the history of this House? Not at all. And therefore if this House question at all. Generally the Ways and Means and the Appro­ to-day votes to sustain the Speaker and recognize the bill of priations committees have, under our rules, the right to take up the gentleman from Indiana as privileged, and thereby set aside business reported by them as privileged. calendar Wednesday, you open the door to inject between you Mr. HULL of Iowa. They are both constitutional. and the call of the calendar an appropriation bill, a revenue Mr. KEIFER. The Constitution says that revenue measures bill, and other matters of privilege that will destroy the rule shall originate in the House. you adopted in the last session of Congress for the benefit of Mr. MANN. The Constitution does not say that the Consti­ this House. tution shall raise revenue. It provides the pover for raising Therefore I say it is of the utmost importance that the mem­ revenue. In one case it shall do a thing, and in another case it bership of this House shall, when the roll is called to-day, declare shall have the power to do it. whether they stand for the House to attend to the business that Mr. HULL of Iowa. That is practically the same. the House thinks should be considered, or whether they intend Mr. KEIFER. The Constitution and the whole organic power to go back to the old system and allow the Rules Committee of the Government are vested in the Congress, and there are to say to you what business shall be transacted in this House. various things that are essential to its life that Congress Mr. KEIFER.· Mr. Speaker-- may do. The SPEAKER. Does the gentleman from New York [Mr. But the Constitution does not direct that they shall do all FITZGERALD] yield to the gentleman from Ohio? these things, as it does on this particular matter of the census. Mr. FITZGERALD. I yield five minutes to the gentleman Mr. LIVINGSTON. Would it be in order to raise the question from Ohio [Mr. KEIFER]. How much time have I, Mr. Speaker? of consideration on this measure of the gentleman from In­ Tb.e SPEAKER. The gentleman has forty minutes remaining. diana? Mr. KEIFER. I would like ten minutes. Mr. KEIFER. To raise the question of consideration? Mr. FITZGERALD. I wish the gentleman would make it Mr. LIVINGSTON. Now. five mim1tes, because I wish to yield to other gentlemen. I Mr. KEIFER. That is a different question. yield to the gentleman from Ohio five minutes. Mr. LIVINGSTON. No; it is not. That is in order under Mr. KEIFER. Mr. Speaker, we have bad a great deal of the rule when we established calendar Wednesday. Would it talk on one side of this question. I am not going to undertake be in order to r.aise the question of consideration? to argue the primary question-that is, that this is a privileged Mr. KEIFER. What do you mean by that? matter under the Constitution of the United States, for that Mr. LIVINGSTON. Take a vote as to whether we shall seems to have been settled by the uniform line of decisions take up this measure. running through the history of Congress. So the question comes Mr. KEIFER. I presume you could do that as to any bill now as to whether that settled question is to be set aside by a on any day it is called up under any rule. mere rule of the House, which rule is only to facilitate certain Mr. LIVINGSTON. Would not a majority settle that ques­ bills that are already on the calendar to be considered in the tion? ordinary course, but leaving to committees on Wednesday(:! the Mr. KEIFER. A majority would settle it; but that question right to select certain bills and call them up. The argument could not, or need not, be taken up in the case we are consider­ that it would set aside the rule should have no weight. This ing until it is found whether the resolution of the gentleman from calendar Wednesday rule, they say, can be set aside by a two­ Indiana is in order. The claim of gentlemen on the other side is thirds vote only, but I claim, if the Constitution comes in, . that it can not be in order under this rule, although the Con­ standing for a right higher than any rule the House can make, stitution gives it a privilege and right over the .rules of the the calendar Wednesday rule does not need to be set aside. The House. rule itself, they say, was intended to prevent a majority of the Mr. LIVINGSTON. One other question. Does the decision House from doing business on Wednesday. That is to say, if of the Chair settle the question of consideration? a majority in the House desires to consider anything, the Mr. KEIFER. Oh, no; the Chair has entertained an appeal, rule shuts it out and requires a two-thirds vote to do anything and we are going to decide it by the House. on Wednesdays save as the rule provides. So, they say and l\fr. GARRETT. Is it not by rule really that the question claim that this rule stands higher than the Constitution; that it of consideration can be raised? takes the place of it, and unless something more than a major­ l\fr. KEIFER. I think that is a common rule with reference ity of the House desires to set the Wednesday rule aside, we to any measure that comes up before the House rightfully, but must go on under it regardless of consequences. . still the House, the question of consideration being raised, might One ·gentleman on the other side, I believe the gentleman decide not to consider. from Alabama [Mr. UNDERWOOD], says that the Speaker vio­ Mr. GARRETT. But under the rule the right exists? lated the rule, technically, to-day when he swore in a .Member of Mr. KEIFER. I think you may say that under the rule, but this House. That is exactly wrong in every respect. . It has what particular rule I have not in mind, but certainly that has been held from the beginning of our constitutional Government been the practice. that it was the duty of the Speaker at any time an application Mr. GARRETT. Well, now, if this be a question of high is made to him by a person who claims to have been elected to constitutional privilege, the gentleman has said the question of this House, and with proper credentials presented to him, to consideration can be raised, and that it can only be raised under swear in as a Member ·of this House, unless-and this is the the rule. If this be a question of high constitutional privilege, one and only qualification, and has over and over again been so why does it not overcome all the rules? . considered-the House by a majority vote directs the Speaker Mr. KEIFER. The answer to that is very simple. The House not to do it. That has happened in the organization of the always decides, and by a majority, whether at any particular House frequently. After a large majority of the House has time it will consider a measure, although of the highest right been sworn in, it has been attempted to ask the Speaker to re­ or privilege to come before the House. fuse to swear in other Members, but he has stood on what is Mr. MARTIN of South Dakota. If the gentleman will permit his constitutional duty, namely, to swear in all the Members on me, the constitutional provision under discussion seems to be the roll unless a majority of the House directs otherwise. So section 3 of Article I of the Constitution, which provides for the that in the organization of this House the Speaker did his con­ enumeration of the census each ten years. Congress has already stitutional duty to-day in swearing in the Member, regardless passed a law making provision for taking the census. of the calendar Wednesday rule. Mr. KEIFER. I thought the gentleman was going to ask me Mr. HULL of Iowa. I would like a little information, if the a question? gentleman will yield for a question. Mr. MARTIN of South Dakota. This is the basis of it. This Mr. KEIFER. Certainly. particular resolution simply provides for some other subject of The SPEAKER. The time of the gentleman from Ohio [Mr. inquiry in connection with this census. KEIFER] has expired. Mr. KEIFER. Mr. Speaker, I have not the time-- Mr. KEIFER. I would like it if the gentleman from New Mr. MARTIN of South Dakota. If this resolution is in order York would give me five minutes more. to-day, I would like to ask the gentleman whether we may not Mr. FITZGERALD. I will yield five minutes more to the be confronted here on every calendar Wednesday for the re­ gentleman from Ohio. mainder of the session with some other resolution asking as to Mr. HULL of Iowa. The Constitution provides that Congress some other thing pertaining to the enumeration of the census? must raise revenue. The Ways and Means Committee is the Mr. KEIFER. You may ask the chairman of the Committee committee charged with that duty. Under the Constitution, on the Census whether such au absurdity is likely to be worked would a report from the Ways and .Means Committee set aside out, and whether his committee would be responsible for such calendar Wednesday? a proposition. 3244 CONGRESSIONAL RECORD-HOUSE~ MARCH 16,

~!r. MARTIN of South Dakota. Would n.ot such a. resolution to do so. I am perfectly willing to permit the gentleman to be be rn order under your contention? . reeogi;ized in his own right, and trust that no l\.fember by de- 1\fr~ KEIFER. Why, I am talking aoout what is presented; · mandmg- the previous: question will deprive me of tlle oppor­ r do not attempt to determine things that are aJ:)surd and not · tunity later to c:I-ose. the debate on the question. presented... · 1.l'he SPEAKER~ Does· the gentleman reserve the. balance of Mr. FITZGERALD~ Supposing a resolution declarmg war ' hIB time?' were l'.>rought up as a matter of privilege,, does; the gentleman I Mr. FITZGERALD. I reserve the balance of my time. believe that that wo~d . be. really within the v.rerogatfve. of Con- 1 Th.e SPE,A.KER. The Chair recogniz_es- the gentleman from gre£SZ It couicI be m o.rder regardless. of the .rule on. calendar Indiana [Mr. C:au fPACKERJ. Wednesdays. . l\fr. CRUMPACKER. Mr. Speaker,. there is no doubt that Mr. KEIFER. It might be said it would be the cluty of Con- · this; resolution is privileged under the· Constttuti-0n of the United gre.ss to set asi~e all its own rules and exercise that cons-ti- ' Stat~ ,, Irecauseit relates to a duty that the Constitutionexp.ressly tutional power given Congress to· deciare; waT-one of th~ pow- reqmres congress to perform every ten years There are a. era that is specially vested l>y the Constitution. in: Congress., I number of decisions settling that question. There is- not a have. not undertaken, Mr~ Speaker,. to discuss the constitutional 11 single one in the parliamentary history of this country to the question that the gentleman on my right suggests, l>ecause that 1 contrary. has heen over aB.d over. discussed and uniformly decided one j If this resolution is not privileged to-cfay; it has no privilege way,, and the Clerk has read,, at the instance of the. Speaker,. at all. r want the memberrsl'rlp of the House to- bear that propo­ precedents sufficient to settle th.at queBtion, unI-ess we are: going . sition in mind. If thiS' resomtion does not go through to-day: to reverse every fo:rmei: decision.L Tlle.1:i:ght of' measures reiating it can not go through, beeanse if it has any pdvilege at all it to taking a census has always l>een recogruzed as a constitu- : is not under the rules of the House but in spite of them. tl it tional right and duty cast on Congress, and such. measures have 1 has any privilege at an it is under the Constitution ; and if' the uniformly been held privileged by virtue of the Constitu:tion of ll rules are higher than the Constitution to-day, they will be· to­ the United States, and not to be. set aside by any mere rule of morrow, and every other· day of this session of Congress. There the House. is no use in qUI'bbling about this pro1msition. Mr. FITZGERALD.. I yield five minnteB to. t1ie gentleman Mr. SCOT'.r. Wm the gentleman peTmit a question? from Michigan.. Mr. CRUMPACKER. In a minute. The House is confronted l'ifr. TOWNSEND.. Mr.. SJ;>eaker~ it seems to me that it is , with the proposition as to wh~ther this important i:esolutio-n, exceedingly UBfor.tunate that the gentle:mani from Tudiana has : bearing· directly upon th-e population scheduie, shail1 be con­ on this day fujected this controversy into the House ~ I_ have : stdered' as a: privileged resolution notwithstanding the House

:read his resolution very carefully,_ and I: find' it p!"Ovi:des for 1· rules; under the Constitution of the United States. I yield ta· something to be done which rs. not at all essential to the taking 1 fue gentleman from Kansas for a question. o.! the census.. The constitntionaI requireme:at. for taking the ; Mr. SCOTT. Would the· faiiure to ado-pt this resolution m­ cenS'Us has been met by enactment o!Iaw, and ff this immaterial : terfere· in any materfull way with the talting of the censuS'. pro--visi-0n. c:rn displace: the regular order to-day, on another Mr. CRUMPACKER. It would deprive the eensus: of a great Wednesday the ~ntleman or some one else may offer some-- portion of its seienttfie value. I do not know whether-the gentle­ thing similar . and: calendar Wedaesday wm be no more. It man is' aware of the fact that a great many organizations: of this is such. a."constitutional question as. takes precedence of· this men of forefgn birth all over the United States, Bohemi:tnS) dayJs regul-iu business,. then bills ap.propriating money for tak- Poles, Finnst Lithuanians,, Slo-vaks, Croatians~ Hungarians, I i-ng the cen.sus and sllnilar matters will be in order,, and means d_o rr.ot know· how m~ny, but PI:Obably half a mnlion, have weti­ for destroying calendar Wednesday will be always at hand. tioned Co~gressi asking for thiS'. amendment ?f the po1n~la:tion It seems, to me l\fr. Chairman,, that it will be a. great mistake sehedule,. m o-rder- that th~y might be classified accordmg to for th'e HollSe to allow :tfie presentation at this time of a proposi- nationality or mo~her- !ongne.. . tion. n.ot at aI1 closely. connected with sueh a taking of the Ma:ny of them lived m provrnces: now under the' Czar· of Rns­ census as is commanded by the Constitution, and then to let · sia. Under the law as it is they will be· c-lassified: as: RnssianS'l. the Speaker, following a lln.e of. i)recedents establlshed under , Irishmen will be classified as: Englishmen. Do you want to det other rules decide that such a remotel:i related constitutional : ft?' Will the House refuse an amendment that provides· for matter may displace the existing rule.. For mys~ Mr.. Speaker : tbls important and, :from a scientffie and socioI-OgicaI stand I am satisfied that this. rule has been. a most wholesome. one' : point, this very valuable classification of :toireign population? and wder it more business· baa been. considered in an orderly : Mr. SCOTT. That is not a part o:f the constitutional man­ and careful manner than has IJeen considered in the same- date. The constitutfona] mandate goes only to the question of: length o.:f time du.ring, any- other Congress of whieh I have been enumerated population. a Memb:erm · Mr. CRUMPACKER. But we have a population that iS' an 1 It appears. that SI>eaker- Henderson himself had some doub-ts Ii apportionable population~ we have a population that is a tax:­ about its wisdom when he made his ruiingt because he. said if ~ af>le popnlati-0n; and it has, been decided by the· Speakers of the it had not be_en for the pi:eeedents the- Chair might have de- 1 House of Rep.resentattves to be pr-ivi1eged under the Constitu­ cided otherwise. But, Mr. Speaker,, if we. a.re to be. governed by 1 tion for so long a. time that it almost seems to me a waste of precedents; it is time w~ established a right precedent in this ii time to discuss. the question on its merits. The qnestron is set­ matter; in ordell' that questions- of this, kind hereafter may be : tled by a Iong, unbroken fine of precedents. properly considered. [Avplauser] Mr. WILSON of IDinois. Will the gentleman: yield? l do not believe we ought to import into: this days business . Mr. CRUMPACKER. Certainly. foll'eign matters,. and let this wooleseme rule be dispensed with · 1\1.r.. WILSON of' Illinoig. Ccmld the· gentleman not bring, thiS' on such grounds.. Therefore I. belfove that~ inasmuclt as the i up to-morrow? unfortunate question is before. us, we should settle it. right and , Mr. CRUMPACKER. I could not. If it is not privileged to­ should maintain calendar Wedilesday. Nobody in this Ho.use clay it will not be privileged to-morrow. thinks tor a moment that the taking of the census or the. '1aw Mi. WILSON of Illinois. Could not the gentleman ask to to provide for it is going to be interfered with by putting this have it considered to-morrow? matter off a day or two.. It is in order under this vecy :rule l'ifr. CRUMPACKER. What would be the use? If' thellouse when that committee is reaclled. decides th.at it is not a pri'vi:Iegecl r-esoiution, anybody who made There is no question about what this means, gentlemen. It the point of- order against it coul'd keep it outL I will tell the means an end to calendar Wednesday :if the decision of the Chair gentleman why it is not privileged to-morrow. If it has any stands. This, House can not afford t0> take the position, after it privilege at all, where does it get it? It gets it from the Con­ has operated under it so satisfactorily, of nullifying it TJ.1ere- stltution. It is not privileged under· the rules of' the House.. fore I hope that the decision of the Chair will not be sustained. If it has no privilege to-day in spit~ of the· rules, would it have Mr. CRU.l\IPACKER.. lli.. Speaker-- any privilege to-morrow in spite of the rules? The Speaker The SPEAKER. The gentleman from. New York [M"T. FITz- would not be justified in recognizing. the gentleman in charge GEDALD 1 has not yielded the floor.. o! the bill to call it up. I\fr.. CRUMPACKER~ I desire re.cognition in my own L'ight. Mr. HULL of Iowa. May I ask the gentleman a question?' The SPEAKER. The gentleman from New York [!\Ir. . FITz~ Mr-. CRUMPACKER. I will yield to the gentleman from GERALDJ has the. :tloor, and his hour has not expired. Iowa. Mr. FITZGERALD. Mr. Speaker. I want to be very frank Mr. HULL· o1 Iowa. The decisions of t he Chair' have held with. the. House. I ([o, not wish to· take an undue amount of time that it is privileged under tlle Constitutfon; and ham they not m;yself,. non do I wish to· pre.vent a fair discus,'3ion of the ques- , always treated it as privileged under the rules in the matter of tion. I do desire to reserve the- right to close the debate,. and I taking ft up tile· same aS' any other p-rivileged matter in the believe I should have that right. I may want five or ten minutes House? 1910~ CONGRESSIONAL RECORD-HOUSE. 3245-

Mr. CRUMPACKER. No; bean.use the Speakers have held stance, it would be worth while taking in.to consideration what that this class of bills-: is yrivileged_ under the Constitu:tion, the·motives were for the rulings in gj.ving it prLvilege. which is higher than any law or rule which Congress- may Mr. CRUMPACKER. I du not admit that at all adopt. · Mr. GARDNER of Massachusetts. The gentleman will admit Mr. HULL of Iowa. It gives it no priv;llege over any other that always in all parliamentary: bodies in, the. worlli not only prirueged report. the decisions themselv:ea: are considered,, but the reasons_ for Mr~ CRUM.PACKER. I say this, and r want the H-0us:e_ to making the decisiDna are.. eonsideredl. in order to find whether kn.ow what it is. d-oing ~ 1f the.- House· over:ruleS: the- Gh.air. on cases are analogous. this decision, it decides that this legislation is ll upon, at what stage of the question n-0w up for consideration.. . r_ will yield now to the session of Congress it shall be brought up; it does oot depend gentleman from Illinois. UI>On the condition ot the-calendar as to whether it i.s 12rivileged Mr. WILSON ot- Illinois~ I have. this to. say, that I should or not, because,thatis_a question that nobody can determine. like to have this resolution considered, and I Kn.ow that a great !t!r,_ GARDNER of Massachusetts. Oh-- wa..ny other Members_ of the House would like to have the reso- Mr. CRUM.FA..CKERA Mr. Speaker; with all due r.espect: to lution considered. · .A.t the. srune time neither I nor. many other the gentleman from. Massachusetts, there is no lawyer. in the Members with. whom r have talked are in favor- of dispensing House-who has= had any considerable- experience in the interpre­ with calendar day to-day, but we would be glad to have the tation of law who would contend for an interpretation sa­ gentleman bring the matter up any other-day. palpably absurd as· t°' say that a prtvileg_e arising- under the Mr. CRUMPACKER._ I want to say that the gentleman from Constitution shall be made to depend upon the time, the date in_ Illinois can not relieve himself from responsibility in that way; a session, of. Congress-when a. measure arises, or· the state of the that kind of talk does not relieve the gentleman from Illinois calendar. It is privileged or it is not privileged, and that is- all from his share of responsibility of defeating this legislation. there is to it. [Applause.] r want him to know it now. l\!r. CLA"YT0N.. Mr. . Speaker, will the· gentleman from In- 1\Ir. WILSON of Illinois. If the gentleman brings the resolu- diana yield to me? tion up some. other day than Wednesday he will get it passed. Mr. GARDNER of M'3.8Sacllusetts. Will the gentleman hear Ur. CRUMPACKER If the House decid.es that it is not me for just a minute-'! nrivileged to-day, r can not- bring it up on any other efuy. Mr. CRUMPACKER. I will listen to the: gentleman for a Mr. WILSON of Illinois. The gentieman can; if· he-wants t-0. minute. . Mr. CRUMPACKER. The gentleman can not, if' he wants te, Mr. CLAYTON.. Mr. S12eaker, may- I ask the- gentleman fram under the rnle. Now, the- talk about undertaking to defeat Indiana a question?- calendar Wednesday I do not have- much respect' for, because-ff The, SPEAKER~ TO> whom, does the. gentleman: yield? the author of the calendar-day rule had_ not taken an appeal Mr. CRUMPACKER. The gentleman from Mafil:ia~hqsetts ha.s this bill would have been out of the way in five minutes. Ii do a. minute yet. not believe there is any opposition to it in the! ffouse. It. looks: 1 1\.fr. CLAYTON. Will the gentleman yield to me at the ex.­ to me more like an attempt to use calendar day to defeat the , piration: of fifteen minutes of interrogation on. tbe- part. of the bill. 1: gentleman from Massachusetts'l [Laug;hter.] Mr. GARDNER of Massachusetts. Will the gentleman. yield_? 1 Mr. CRUMPACKER._ I will. yield to_ the gentleman in jUst · Mr. CRUMJR"ACKER. l will yield to the gentlema-n from '. one minute. - Massaehusetts. Mr. GARDNER of ?.Iassachusetts. Mr. Speaker,; I will give 1

Mr. GARDNER of Massachusetts. The gentleman from ' way to the gentleman fi:om Alabama. · Indiana says that he has gone into the histocy- ef the rulings l\Ir. CRUMP_A..CKER. Very well. The gentleman.. from M"assa-· on the matter of bills like the census bills introduced in re- ' chusetts gives way to the gentleman from Alabama. sponse to a. constitutional mandate. Did I understand him to · Mr. CLAYTON. Mr. Speaker,. I wan.t to say. to the gentleman say so? · from Indiana that. the constitutional provisions which he in.- Mr. CRUMPACKER. I stated that there was an unbroken vokes do- not appeal to- me as furnishing any appr.opriate argu- line- of decisions holding that census bills a:re privileged. : ment of this question._ Neithe:r does: his argument of necessity Mr. GARDNER of Massachusetts. So· I unders.too~ That 1 furnish reason for the emasc.ulation of" calendar Wednesday~ 1'.>eing the case, did the gentleman go back and see that all of It seems to me, and I ask this question, if we ov.enrule the those rulings we.re based on this proposition, to wit, that if the Speaker will it not be competent at any time for the gentleman privilege were- not given to bills of this sort the situation might from Indiana to. move a suspension of the rules in order that he such.. owing to a crowded calendar, that the· House could not this matter may have consideration of· the H~use?- a<;!t upon it, and that the whole reason for the privilege was- in M.r. CRUMPACKER- No~ order to mail:e sure that the· House sliould have time to act upon Mr. CLAYTON.. Can n_ot the. House suspend the ruies_ by- a.. them before adjournment. sine· die? And now let me ask the two-thirds vote_ and therefore ·bring this measure before the gentleman. in all fairness, Is this a parallel case- to- those· on House in a propei: and orderly way, without the abolition or, at which the decisions were made? lea.Bt, the emasc1Jlation of calendar Wednesday? MI'. CRUMPACKER. M'l'. Speaker, it does· not make f.UlY Mi:~ CRUMPACKER. The gentleman has asked hi's question~

it would not be privileged then, and the resolution would not decided by the House and the question decided primarily by be in order. If it is in order at all, it is in order now, and I the Speaker, and secondarily and :finally by the House on the repeat, and emphasize that fact, that action of the House over­ appeal. ruling the decision of the Chair practically settles the ques­ Mr. CRUMPACKER. I yield to the gentleman froni South tion that this resolution is a privileged resolution at any time. Dakota [Mr. MARTIN]. I now yield to the gentleman from New York [Mr. PARSONS]. Mr. MARTIN of South Dakota. I would like to ask the Mr. PARSONS. Is it not possible by a rule to provide when ge~t!eman if he is right in his position that this is a resolution a privileged matter should be taken up? privileged under the Constitution, whether there is anything, Mr. CRUMPACKER. Of course the House may adopt a rule, or was anything, in the way of calling it up as privileged to­ I suppose, that would take up a measure, bill, or resolution at morrow morning instead of on calendar Wednesday? any time. · Mr. CRUMPACKER. There was nothing that I know of but Mr. PARSONS. Can it not provide that certain matters shall the question is up now, and if the House decides that it i~ not be taken up at certain times? I call the gentleman's attention privileged, of course that decision binds the House and the to the fact that while the Constitution says there shall be a Speaker to-morrow as well as to-day. census, it also says that the House of Representatives shall Mr. MARTIN of South Dakota. If the House should decide adopt rules. that this is not privileged under the Constitution, it would then Mr. CRUMPACKER. " May " adopt rules. Does it say be in order upon calendar Wednesday, would it not? "shall?" It gives the right and power to the House to adopt Mr. CRUMPACKER. I beg pardon, but I did not understand rules, but it says it shall provide for a census once in ten years. the gentleman. Mr. FITZGERALD. Will the gentleman yield-- . Mr. CRUMPACKER. I am getting a little bit confused by the Mr. MARTIN of South Dakota. My question was, If the number of gentlemen seeking recognition. I yield to the gentle­ House should decide that this is not a matter privileged under man from Tennessee [Mr. GABBETT]. the Constitution, it would be in order on calendar Wednesday, Mr. GARRETT. Could not this be put on an appropriation would it not, for consideration? Mr. KEIFER. It can not get on the calendar. bill? Mr. CRUMPACKER. Would it be in order on an appropri- Mr. MARTIN of South Dakota. My question is, if the gentle­ man is wrong in his position, and the House should decide that ation bill? Mr. GARRETT. What is the gentleman's opinion? this matter is not privileged under the Constitution then it Mr. CRUMPACKER. No; it would not be in order. would be in order upon the call of the committees on' calendar Mr. GARRETT. Why? Wednesday, would it not? Mr. CRUMPACKER. Because it is new legislation. Mr. KEIFER. If it was on the calendar. Mr. GARRETT. Why is not new legislation in order on an Mr. CRUMPACKER. If it is not privileged, then it is in appropriation bill? order on calendar Wednesday; but it can only be called up by Mr. CRUMPACKER. Because of the rules of the House-­ the Committee on the Census. No other committee can call up Mr. GARRETT. Yes; because of the rules of the House. the resolution; and, in view of the present condition of the Mr. CRUMPACKER (continuing). Which keep it out. calendar, the Committee on the Census will probably not be Mr. GARRETT. _ Just so; and this calendar Wednesday is a reached until after the enumeration of the census is had. rule of the House. Mr. MARTIN of South Dakota. If it is a matter of such Mr. CRUMPACKER. And this resolution has no privilege prime importance, as the gentleman claims, and it has its posi­ under the rules of the Houoo-- tion on the calendar Wednesday call, would there be anything Mr. GARRETT. I beg the gentleman's pardon. Under a under the rules in the way of asking unanimous consent to-day decision made before there was such a thing as calendar to take this up and have it considered as on the Census Commit­ Wednesday it does have privilege. It still has, except on cal­ tee call? endar Wednesday. Mr. CRUMPACKER. Under the rule unanimous consent can Mr. CRUMPACKER. Not under the rules. only be requested for consideration of bills on suspension Mon­ Mr. GARRETT. These decisions were made, which were read day. by the Speaker, before there was such a thing as calendar Mr. MARTIN of South Dakota. But this would be in order Wednesday-- upon calendar Wednesday; and is not the question of the par­ Mr. CRUMPACKER. Of course-- ticular order of calling the committees one, after all under the Mr. GARRETT (continuing). .And I have no doubt on any direction of the House? ' other day in the week the gentleman could call it up, and under Mr. CRUMPACKER. I think not. I want to say this that the precedents it would be in order as privileged. it is an emergency bill. ' · Mr. CRUMPACKER. It seems to me--- Mr. MANN. Mr. Speaker, will the gentleman yield for a Mr. POINDEXTER. Mr. Speaker, I rise to a question of question? order. Mr. CRU:l\IPACKER. in just about three minutes. I want The SPEAKER. The gentleman from Washington rises to a to make a brief statement; and then I will yield for a question. question of order. The gentleman will state it. I want to state to the House that this is emergency legislation. Mr. POINDEXTER. Mr. Speaker, I make the point of order This is an amendment to the pepulation schedu"le that is ready that this question before the House is not debatable. now for distribution, and this legislation must go through the The SPEAKER. The Chair overrules the point of order. House and the Senate without delay or it will be too late to Mr. POINDEXTER. Mr. Speaker, I would like to state the accomplish what it is intended to accomplish. And that is the rule upon which I made the point of order. It is Rule XXV; reason why this resolution was called up for consideration to­ and I also call attention to the decision cited in the :fifth volume da1'. There was no purpose on my part, and I am sure no pur­ of Hinds's Precedents, where it is stated- pose on the part of any Member of the House who has any in­ It has been held that appeals from decisions of the Chair as to terest in this measure, to have it called up to-day for the pur­ priority of business are not debatable under this rule. pose of embarrassing or delaying business that is eligible to be Rule XXV provides that- called this calendar Wednesday. I do not believe there would All questions relating to the priority of business shall be decided by a be any opposition to the bill at all if it should be submitted to majority without debate. the House. I hoped when it was presented that no objection The SPEAKER. That precedent relates t6 questions of prior­ would be made. If none had been made, :five minutes would have disposed of the bill. The reason I did not ask unanimous ity of business decided by a vote of the House. This is a ques­ consent was that it is not usual, I think. In the first place, it tion where the priority depends primarily on a decision of the is not usual upon privileged propositions, and, in the next place Speaker of the House, subject, of course, to appeal, and under the custom now is that requests for unanimous consent can only the practice of the House the House itself shall determine as to whether it is to be debated or not, and as to the question of be submitted to the House by the Speaker on suspension Mon- debate it can be determined either by the House ordering the days. · previous question or by a motion to lay the appeal upon the Now I yield to the gentleman from Illinois [Mr. .l\.IANN]. table. The Chair overrules the point of order. Mr. MANN. I want to ask the gentleman whether he will Mr. POINDEXTER. A parliamentary inquiry. I would like yield the floor to me for a moment, he reserving his time to to ask if this question is not a question relating to the priority make a motion to suspend the entire matter until to-mor~ow of business? after the reading of the Journal? The SPEAKER. The Chair has already answered that ques­ Mr. CRUMPACKER. I do not want to lose control of the tion and drawn the distinction between the priority of business floor riow. 1910. CONGRESSIONAL RECORD-HOUSE. 3247

Mr. MANN. The gentleman would not lose the floor if he ruling of the Chair should be sustained. So it postpones· the yielded. I would yield the floor as soon as I made the motion, matter until to-morrow if that motion should prevail. so as not to m~e all of calendar Wednesday on this _proposition. Mr. UNDERWOOD. The proposition is not directly a prop- Mr. CRUMPACKER. I will make the motion. osition to postpone the bill of the gentleman? . l\fr. MANN. Very well. The SPEAKER. It is to postpone the only question before Mr. CRUMPACKER. But that is a debatable motion. Let the House, namely, the appeal from the ruling of the Ohair me ask unanimous consent in connection with this, that the and whatever goes with it. whole question be postponed until to-morrow morning. Mr. CRUMPACKER. On that motion, Mr. Speaker I move Mr. UNDERWOOD. .l\Ir. -Speaker, -as the House has heard the previous question. ' the debate, this is the proper time to consider it, and I shall Mr. FITZGERALD. I make the point of order that this object. ' being calendar Wednesday, even a motion to postpone is ~ot in Mr. MANN. That would include the point of order. order. The SPEAKER.· The gentleman from Indiana. The SPEAKER. The Chair overrules the point of order. l\Ir. CRUMPACKER. Mr. Speaker, I move that this matter Mr. CRUl\IPACKER. I move the previous question. be postponed until to-morrow morning; and upon that motion Mr. FITZGERALD. I make the point of order that an ap­ I demand' the previous question. peal from the decision of the Chair is not under the rule .and Mr. GARDNER of Massachusetts. I move to lay the appeal practice of the House a " question " within the meaning of the on the table. · rule. Mr. HARDWICK. Mr. Speaker, I make the point of order Mr. FOULKROD. The previous question has been ordere

NA.YS-153. Mr. BINGHAM with Mr. BABTLETT of Nevada. Adair Finley Johnson, Ohio Ransdell, La. Mr. SOUTHWICK with Mr. CABLIN. Adamson Fish Johnson, S. C. Rauch Mr. OLCOTT with Mr. PETERS. Aiken Fitzgerald Jones Rhino ck Alexander, Mo. Flood, Va.. Keliher Richardson Mr. LUNDIN with Mr. JAMIESON. Anderson Floyd; Ark. Kendall Robinson Mr. FoULKBOD with Mr. GODWIN, Ashbrook Foster, Ill. Kinkaid, Nebr. Roddenbery Mr. LowDEN with Mr. CRAVENS. Barnhart Gallagher Kinkead, N. J. Rothermel Bartlett, Ga. Gardner, Mass. Kitchin Rucker, Colo. Mr. MILLINGTON with Mr. p A.GE. Bell, Ga. Garner, Tex. Kopp Rucker, Mo. Mr. ANTHONY with Mr. HEFLIN. Bennett, Ky. Garrett Lamb Saunders Mr. MOXLEY with Mr. PATTERSON. Booher Gill, Md. Latta Shackleford Borland Gill, Mo. Lee Sharp Mr. RE;YNOLDS with l\fr. SULZER. · Burleson G11lespie . Lenroot Sheppard Mr. MCKINLAY of California with Mr. CLABK of Florida. Burnett Gold!ogle Lindbergh Sims Mr. HUBBARD of West Virginia with· Mr. RUSSELL, Candler - Good Lindsay Sisson Can trill Gordon Livingston Slayden Mr. McKINLEY of Illinois with Mr. How ARD. Cary- Goulden McDermott Small Mr. DENBY with Mr. GRAHAM of Illinois. Clark, Mo. Gregg McHenry Smith, Tex. Mr. STUBGISS with Mr. ALLA.CE. Clayton Gronna Madison Sparkman w Cline Hamlin Maguire, Nebr. Stanley Mr. CAPRON with Mr~ O'CONNELL. Collier Hammond Martin, Colo. Steenerson Mr. KAHN with Mr. CARTER. Conry Hardwick Martin, S. Dak. Stephens, Tex. Mr. FULLER with Mr. LEGARE. Cooper, Wis. HHaarrdryson Maynard Stevens, Minn. Cox, Ind. i~ Miller, Minn. Taylor, Colo. Mr. KNAPP with Mr. RIORDAN. Coxf Ohio Hauge.n Moon, Tenn. Thomas, Ky. For one week : Crag Hay Moore, Tex. Thomas, N. C. Cullop Hayes Morrison Tou Velie Mr. MICHAEL E. DRISCOLL with Mr. DANIEL A. DRISCOLL. Davidson Henry, Tex. Morse Townsend Mr. PRATT with Mr. NICHOLLS. Davis Higgins Moss Underwood Until March 25, inclusive: Dawson Hinshaw Murdock Volstead Dent Hitchcock Nelson Watkins Mr. BABCHFELD with Mr. SHERLEY. Denver Hobson Norris Webb Until-March 21, inclusive: · Dickinson Hollingsworth Oldfield Weisse Mr. ELVINS with Mr. KORBLY. Dickson, Miss. Houston Padgett Wickliffe Dixon, Ind. Howland Palmer, A. M. Wilson, Pa. Mr. TENER with Mr. BYRNS. Edwards, Ga. Hughes, Ga. Parsons Woods, Iowa Mr. CHAPMAN with Mr. LEVER. Ellerbe Hull, Tenn. Pickett From March 3 to March 20: Estopinal James Poindexter Ferns Johnson, Ky. Rainey Mr. CASSIDY with Mr. BURGESS. Until March ·19: ANSWERED " PRESENT "-12. Mr. TAYLOR of Ohio with Mr. ANSBEBBY. Beall, Tex. Gillett Joyce Pratt Byrns Graham, Ill. Kahn Russe.II Until March 18: Driscoll, D. A. Howard Morehead Young, N. Y. Mr. DIEKEMA with Mr. SHERWOOD. NOT VOTING-102. For this day : Ansberry Dodds Humphreys, Miss. Pou Mr. GILLETT with Mr. TALBOTT. Anthony Douglas Jamieson Pujo On this vote: Barchfeld DriscolJ, M. E. Knapp Randell, Tex. Barclay Elvina Korbly Reid Mr. WEEKS with Mr. BEALL of Texas. Bartlett, Nev. Esch Legare Riordan Mr. BYRNS. Mr. Speaker, I am paired with the gent1eman Bingham Focht Lever Sherley from Pennsylvania [Mr. TENER]. I wish to withdraw my vote Boehrie Fornes Lloyd Sherwood Bou tell. Foulkrod Lowden Simmons in the negative and vote "present," Bowers Fowler Lundin Smith, Mich. The Clerk called the-name of Mr. BYRNS, and he voted " pres- Brantley Fuller McCall Snapp ent," as above recorded. Broussard Gaines McKinlny, Cal. Southwick Burgess Gardner, N. J. McKinley, Ill. Spight 'J.'he result of the vote was then announced as above recorded.· Byrd Garner, Pa. McMorran Sturgiss Mr. FITZGERALD was recognized. · Campbell Gilmore Macon Sulzer l\1r. CRUMPACKER. Mr. Speaker, a parliamentary inquiry. Capron Glass Madden Swasey Carlin Godwin Mays Talbott The SPEAKER. The gentleman will state it Carter Grant Millington Taylor, Ala. Mr. CRUMPACKER. I would like to know if the time occu­ Cassidy Guernsey Moxley Taylor, Ohio pied. by the House in determining this incidental question is to Chapman Hamm Mudd Tener Clark, Fla. Heflin Nicholls Thomas, Ohio be taken out of the time that I had originally. Covington Helm O'Connell Turnbull Mr. UNDERWOOD. Mr. Speaker, I make a point of or-· Cravens Hill Olcott Wallace der-- Crow Hubbard, Iowa Page Weeks Denby Hubbard, W. Va. Patterson Willett The SPEAKER. Did the gentleman from Indiana reserve the Diekema Hughes, N. J. Pearre balance of his time? Dies Hughes, W. Va. Peters Mr. CRUMPACKER. I do not remember whether I did or· So the motion to postpone was rejected. not; but if not, I want to reserve it now. The following pairs were announced: The SPEAKER. The time is gone 1! the gentleman did not For the session : reserve it. Mr. MOREHEAD with Mr. Pou. Mr. UJ\~ERWOOD. Mr. Speaker, I make a point of order Mr HILL with Mr. GLAss. that the right of recognition goes to the side of the House op- Mr. YottNG of New York with Mr. FORNES. posed to the proposition. • Mr. Botrh;:tr. with Mr. BROUSSARD. The SPEAKER. The Chair is not aware of any proposition Mr. MoMolll.t.AN with Mr. PuJO. on which to hang a point of order. Until :1}lrther notice: - Mr. UNDERWOOD. I thought the gentleman from Indiana Mr. THOMAS of Ohio with Mr. WILLETT. proposed to take the floor. If I was mistaken in that, I with­ Mr. SWASEY with Mr. TuRNBULL. draw the point of order. Mr. SNAPP with Mr. TAYLOR of Alabama. Mr. CRUMPACKER. My purpose was to reserve the balance Mr. SMITH of Michigan with Mr. SPIGHT. of my time. Mr. SIMMONS with Mr. REID. Mr. FITZGERALD. Unless the gentleman reserved the bal­ Mr. PEARRE with Mr. RANDELL of Texas. ance of his time at the conclusion of his remarks, it is too late. Mr. MUDD with Mr. MAYS. Mr. Speaker, believing that the House is thoroughly informed Mr. MADDEN with Mr. MACON. as to the question and that it should act-since those who got Mr. McCALL with Mr. LLOYD. the floor through my generosity tried to postpone the action of Mr. HUGHES of West Virginia with Mr. HUMPHREYS of .Mis- the House-I will demand the previous question. sii::sippi. Mr. MANN. I hope the gentleman from New York will not Mr. GUERNSEY with Mr. HUGHES of New Jersey. ask for the previous question. . l\fr. GRANT with Mr. BOWERS. The SPEAKER. Will the gentleman from New York with­ Mr. GARNER of Pennsylvania with Mr. HELM. hold his motion? l\fr. GARDNER of New Jersey with Mr. HAMILL. Mr. FITZGERALD. I understand the Chair wishes to make Mr. GAINES with Mr. GILMORE. a statement, and I will withhold the demand for the previous Mr. FOCHT with Mr. DIES. question. · Mr. ESCH with Mr. CoVINGTON. The SPEAKER. The gentleman from New York withholds Mr. CROW with Mr. BRANTLEY. . the demand for the previous question for the present. Mr. DOUGLAS with Mr. BYRD. Mr. MANN. Mr. Speaker, I would like to be heard a few Mr. CAMPBELL with Mr. BOEHNE. moments on the Question, 1910. CONGRESSIONAL RECORD-HOUSE. 3249

Mr. FITZGERALD. I will yield five minutes to the gentle­ this point. · I do not regard it myself as of any great importance, man from Illinois. except that it is well to have a decision made. There are few Mr. MANN. Mr. Speaker, the question before the House is a constitutional questions which can arise under this ruling .which very nice question, in my judgment. W.hen the gentleman from has been made in reference to the census bill. The authority Indiana called up the resolution I made a point of order against to call up bills under the constitutional privilege, as differenti­ it on the grolind that this was calendar Wednesday. The rule ated from the J?rivilege under the rules, has already been deter­ provides: mined in decisions of the Chair in the past. There are few such 4. On Wednesday of each week no business shall be in order except cases which can arise. It probably would not occur in years as provided by paragraph 4 of Rule XXIV unless the H

XLV-204 3250 CONGRESSIONAL RECORD-HOUSE. :MARCH 16,

the House is, What interpretation shall be plac~ upon. the , The SPEAKER. The Chair desires that attention shall be rule? Is it the desire of the House that no legislative busmess called first to the rule which establishes calendar Wednesday. shall be transacted on Wednesday outside of the call ?f com­ It reads: mittees unless the House by a two-thirds vote so determmes, or .On Wednesday of each week no busin~s­ shall thls House determine that the rule shall be brok:n down That is broad a:nd sweeping- upon the plea that for one cause or another some question may h 11 be in order except as provided b-y paragraph 4 o1 Rule X:XIV, · be of high privilege? unless the House. by a two-thirds vote on motion to dispense therewith shall otherwise determine. On such a motion there may be debate not .Mr. OLMSTED. l\Ir. Speaker-- to exceed five minutes for and against. Mr. FITZGERALD. In a moment. Suppose a general. de­ :!\ow, if the rule were to ~ construed literally, without any ficiency appropriation bill were brought in ~o~ the Comlllittee on Appropriations containing an appropriation to pay the exception whate"Ver, whether it be statutory law or the fixed enumerators who are to take this census. Would the gentleman law of the land-the Con titution-that might stand in the rise and pretend that, because the payment of these enumera­ way, then nothing el e could be done on calendar W ednesd:ay tors was essential to tbe taking of the census, that therefore except the call of the committees. Already, with the app1'0val of the House, it has b-een determined that mattexs for unani­ that appropriation had a c-0nstitutional .Privilege and. could be mous consent shall not be submitted to the House on calendar taken up in defiance of the rule? I believ<: the rule is a. salu­ tary one. I do not believe that the time will ever come rn the Wednesday. :!\ow, what business does come under this rule history of the House when an important matter is pre ented f?r on that day-bu iness upon the House or Union Calendar that consideration on Wednesday that two-thirds of the Hou e will is not privileged? Privileged business under this rule can not not cheerfully vote to consider it. Desiring that this rule shall come up on calendar Wednesday; because privileged business has its cha.nee under the rules of the House. . Aliunde, under the be fixed in the procedure of the House definitely, so that ~e rule that makes calendar Wednesday, an appropl'iation bill. mere caprice of a partisan majority will not b_e able to br~k it down, I hope that the House will, by overruling t?e Chair: es­ which is privileged, would not be in order, and a re>enue bill tablish now and for all time the fact that no ordinary leglSla­ would not be in order. Now, first, is this census amendment resolution pri"rilegee the House in- motion for unanimous consent to swear in a Member. One was tends to keep it for the business on t?e calendars. . "worn in this morning; and yet a question of the highest privi­ Mr OLMSTED. That is a question as to the merit of the lege, a constitutional question, does not dw~ll in any rule. If rule ~th which I am in harmony, but the technical qu{:~tion is a veto measure should come from the President to-day, would it be in order to receive it? If it is in order to receive it, one of privilege, that applies to. this as well as if we had every day set apart for exclusive busmess. the Constitution says what shall be done with it. Does the Constitution have to stand aside if a veto measure comes in on l\1r. FITZGERALD. If the gentleman from Indiana hall calendar Wednesdays? If a Member ari!':es in his place and exercised his right under the rule when the Hou e convened, mov-es the impeachment of a federal official under the Constitu­ and moved to suspend proceedings under this rule, in order to tion. would that be in order? The rule sa.ys "no bu ine s shall take up this bill, we would ha"Ve had that bill disposed of long be ill order." It would not be in order under any rule of the since as well as other bills, under the rule of the House. House. If it be in order at all it would be in order by virtue I ~sk for the previous question. of the fl..,~ed law of the land-the Constitution; and in that way Mr. KEIFER. I would like to ask the gentleman a question. has been in order in times of peace and of war during the whole Mr. FITZGERALD. I yield to the gentleman for a question. history of the Republic. · Mr. KEIFER. I understood you to say just n~w that a ~o- The Chair might mention other cases. If unanimous consent tion could be made and curried in the House allowmg the taking can not be asked on calendar Wednesday, as it can not be, if up of this joint resolution under the rule. Is th~t true? a Member can not be recognized to prefer articles of impeach­ Mr. FITZGERALD. Under the rule setting aside Wedne~da_y ment, how can it get before the House except as a question 6! for the consideration of bills-calendar. Wednesday, :'ls it .is privilege-a privileged question that banks upon the Constitu­ known-it is in order to move to et aside the bills m order tion? under the rule and take up some other business. This is claimed to be a privileged question under the Constitu­ Mr. KEIFER. Is it not requir~ tha.t when yon ma~e that tion. In what gentlemen ha"Ve said, it has been likened to an motion, to be carried. by a two-thirds 'lote, that you dispense appropriation bill or a revenue bill. But those bills come an­ with the whole day? nually. They ha>e always b~en held under the rules to be priy­ ileged business, but nev-er as presenting a question of privilege. Mr. FITZGERALD. Mr. Speaker, that questi~n has not arisen. The gentleman could h11ve bad that determmed to-day, A law touching the census, which is to be taken e>ery ten years, is not a matter of annual occurrence. The o-entleman from bad he so desired. Massachusetts said the House would take notice tha.t there were I demand the previous question. . other days when this bill could be called up. Other gentlemen The SPEAKER. Does the gentleman demand the previous have said it could wait its time on calendar Wednesday tmql question now? the Committee on the Census was called. Yes; pro-vided Con­ :Mr. FITZGERALD. Mr. Speaker, I demand the ~re~ous o-ress is in session. "A.h, but," somebody says, ' Congress can question and pending that I ask unanimous consent, if it be ~ot adjourn until it gets through its busine ." That is a mat­ necessazy-I do not know that it would be necessary-that the ter of argument. This is a question under the Constitution and Speaker may have whatever time he may desire to make ·a not a matter of expediency. - statement. The Chair in ruling that this is a privileged question follows The SPEAKER. The gentleman would naturally be recog- a uniform line of precedents wherever the matter has been nized to move the previous question. - ruled upon in the history of Congress. · 1\Ir FITZGEilALD. I withhold the demand, if the· Speaker Now in order that cal~ndar Wednesday may be protected, l!ltends to m:;tke a statement. gentle~en say "that the Chair should be oven:uled and a pr~e- 1910. CONGRESSIONAL -RECORD-HOUSE. 3251 dent established that no business of any kind can come up for Oldfield Richardson Small Townsend Padgett Robinson Smith Tex:. Turnbull consideration on calendar Wednesday. "But," says somebody, Palmer, A. M. Roddenbery Spight1 Underwood "what harm can it do?" So far as the Chair ls personally Parsons Rothermel Stalford Volstead concerned, whatever might perhaps be in the nilnd of one or Peters Rucker, Colo. Steenerson Watkins Pickett Rucker, Mo. Stephens, Tex. Webb more Members, seemingly to rebuke the Chair, through pique Poindexter Saunders Stevens, Minn. Weisse or otherwise, the Chair cares nothing about a proposition of Pray Shackleford Talbott Wickliffe Pujo Sheppard Taylor, Colo. Wilson, Ill. that kind. If the House sees proper· to overrule the precedents Rainey Sims Thomas, Ky. Wilson, Pa. and to make this precedent that may come to plague the Ransdell, La. Sisson Thomas, N. C. Woods, Iowa House in the future, well and good. The House has the power Rauch Slayden Tou Velle to do it, and the Chair has no feeling of pride or. vanity in the ANSWERED "PRESENT "-13. premises. " But," says somebody, " is the House bound to Beall, Tex. Driscoll, D. A. Joyce Sabath consider this question when it is before the House·? " No. Byrns Durey Morehead Cassidy Howard Pratt There is no possible question that can come before the House Currier Hull, Iowa Russell that it is bound to consider. On the question of consideration, if the point of order had not been made upon this joint resolu­ NOT VOTING-100. Ansberry Elvins Jamieson Page ~ tion, the House could have refused to consider it. That is one Anthony Esch Kennedy, Iowa Patterson way in which the House could have gone on with calendar Barchfeld Finley Knapp Pou Wednesday. . Barclay Focht Korbly Randell, Tex. Bartlett, Nev. Fornes Latta Reid Having said this much, if the Chair has succeeded in placing Bennett, Ky. Foulkrod Legare Rhinock the House in possession of the reasons ·which caused him to Bingham Fowler Lever Riordan make the ruling he did make, he is quite content, as the . Chair Boehne Fuller Lloyd Sherley B'outell · Gaines Lowden Sherwood must be, with what the majority of the House may do. If the Bowers Gardner, N. J. Lundin Simmons Chair was 4 inches wide and a thousandth of an inch thick, Brantley Garner, Pa. McCall Smith, Mich. if Broussard Gillett McGuire, Okla. Snapp the Chair would feel some gratification the House should see Burgess Gilmore McKinlay, Cal. Southwick proper to overrule the Chair upon the point of order that the Campbell Glass McKinley, 111. Sparkman action of the majority of the House, under its rules, in reversing Capron Godwin McKinney Stanley Chapman Graham, Ill. , McMorran Sturgiss the present Speaker, would make it plain that he has no more Clark, Fla. Grant Macon Sulzer and no less authority than any Speaker who has preceded him, Covington Guernsey Madden Swasey and would set at rest the question whether the Speaker " doth, Cravens Hamill Mays Taylor, Ala. Crow Hefiin Millington Taylor, Ohio like Colossus, bestride the world." [Loud applause.] Denby Helm Moxley Tener Mr. FITZGERALD rose. Diekema Hill Mudd Thomas, Ohio The SPEAKER. Is the gentleman from New York ready for Dodds Hubbard, Iowa Nicholls Wallace Douglas Hubbard, W. Va. O'Connell Weeks the question to be put? Driscoll, M. E. Hughes, W. Va. Olcott Willett Mr. FITZGERALD. I am. The SPEAKER. The question is, Shall the ruling of the ·The Clerk announced the following additional pairs: Chair stand as the judgment of the House? For the remainder of this session : Mr. UNDERWOOD. On that I demand the yeas and nays. l\fr. CURRIER with Mr. FINLEY. The yeas and nays were ordered. Until further notice: The question was taken; and there were-yeas 112, nays 163, l\Ir. GILLETT with Mr. RHINOOK. answered "present" 13, not voting 100, as follows: Mr. SOUTHWICK with Mr. STANLEY. YEAS-112. Mr. Mcl\IoRRAN with Mr. RANDELL of Texas. Alexander, N. Y. Ellis Kronmiller Plumley On this vote : • Allen Englebright Klistermann Prince Mr. KENNEDY of Iowa with Mr. LATTA.. Andrus Fairchild Lafean Reeder Mr. McKINNEY with Mr. SPARKMAN. Austin Fassett Langham Reynolds Barnard Foelker Law Roberts Mr. MILLINGTON with Mr. FORNES. Bartholdt Fordney Lawrence Rodenberg l\Ir. OLCOTT with Mr. PAGE. Bates Foss Longworth Scott Mr. WEEKS with Mr. BEALL of Texas. Bennet, N. Y. Foster, Vt. Loud Gardner, Mich. Loudenslager ~~::ife~d Mr. CURRIER. · Mr. Speaker, may I inquire if the gentleman ~~~~:row Goebel McCreary Slemp from South Carolina [Mr. FINLEY] voted? Burke, Pa. Gralr McCredie Smith, Cal. The SPEAKER. He did not. Burke, S. Dak. Graham, Pa. McLachlan, Cal. Smith, Iowa Burleigh Greene Mal by Sperry l\fr. CURRIER: I voted" aye," and I desire to withdraw that Butler Griest Mann Sterling vote and to vote " present," as I am paired with the gentleman Calder Hamer Miller, Kans. Sulloway Calderhead Hamilton Mondell Tawney from South Carolina. Cocks, N. Y. Hanna Moon, Pa. Thistlewood ·The result of the vote was announced as above recorded. Cole Hawley Moore, Pa. Tilson The SPEAKER. The decision of the Chair does not stand Cook Heald Morgan, Mo. Tirrell Cooper, Pa. Henry Conn. Morgan, Okla. Vreeland as the decision of the House. The call rests upon the Committee Coudrey Howell, N. J. Murphy Wanger on Military Affairs. Cowles Howell, Utah Needham Washburn Creager Hulr Nye Whee) er FIELD GUNS FROM THE STATE OF MASSACHUSETTS. Humphrey, Wash.Olmsted Wiley £~:rrker Kahn Palmer, H. W. Wood, N. J. l\Ir. HULL of Iowa. Mr. Speaker, I call up the bill (H. R. Draper Keifer Parker Woodyard 10280) to authorize the Chief of Ordnance, Dwight Kennedy, Ohio Payne Young, Mich. to receive. twelve 3.2-inch breech-loading field guns, carriages: Edwar~s, Ky. Knowland Pearre Young, N. Y. NAYS-163. caissons, limbers, and their pertaining equipment from the State Adair Cullop Goulden Kendall of Massachusetts. Adamson Davidson Gregg Kinkaid, Nebr. The SPEAKER. There is unfinished business before the Alken Davis Gronna Kinkead, N. J. House. Alexander, Mo. Dawson Hamlin Kitchin Ames Dent Hammond Kopp Mr. HULL of Iowa. I understood that went over by unani­ Anderson Denver Hardwick Lamb mous consent. Ashbrook Dickinson Hardy Langley The SPEAKER. The gentieman is correct. The gentleman Barnhart Dickson, Miss. Harrison Lee Bartlett, Ga. Dies Haugen Lenroot from Iowa calls up the following bill, which the Clerk will Bell, Ga. Dixon, Ind. Hay Lindbergh report. Booher Edwards, Ga. Hayes Lindsay The Clerk read the bill. Borland Ellerbe Henry, Tex. Livingston Burleson Es topin al Higgins McDermott Mr. HULL of Iowa. Mr. Speaker, I ask unanimous consent Burnett Ferris Hinshaw McHenry that this bill may be considered in the House as in Committee Byrd Fish Hitchcock McLaughlin, Mich. Candler Fitzgerald Hobson Madison of the Whole. Can trill Flood, Va. Hollingsworth Maguire, Nebr. l\Ir. MANN. I think I shall have to object to that. _ Carlin Floyd, Ark. Houston Martin, Colo. The SPEAKER. Objection is heard, and the House resolves Carter Foster. Ill. Howland Martin, S. Dak. Cary Gallagher Hughes, Ga. Maynard itself into the Committee of the Whole House on the state of the Clark, Mo. Gardner, Mass. Hughes, N. J. Miller, Minn. Union for the consideration of the bill. The gentleman from Clayton Garner, Tex. Hull, Tenn. Moon, Tenn. Pennsylvania [Mr. Bumm] will take the chair. Cline Garrett Humphreys, Miss. Moore, Tex:. CoIller Gill, Md. James Morrison The CHAIRMAN. The House is in Committee of the Whole Conry Gill. Mo. Johnson, Ky. Morse House on the state of the Union for the consideration of House Cooper, Wis. GUI esp le .Johnson, Ohio Moss bill 10280, which the Clerk will report. Cox, Ind. Goldfogle .Johnsen, S. C. Murdock Cox Ohio Good Jones Nelson Mr. HULL of Iowa. Mr. Chairman,· I ask unanimous consent Crag1 Gordon Keliher Norris that the first reading of the bill be dispensed with. 3252 CONGRESSIONAL RECORD-HOUSE,. MARCH 16,

The CHA TRl\fAN. The gentleman from low.a asks unanimous Mr. MANN. Does not the gentleman think the fair :thing to consent that tne first rea~ ·of the blll be dispensed with• .Is 1:he House -and :to -the gentleman "from Massachusetts would :be there .objection? to ·postpone !this matter untl.J. the gentleman tram Massachusetts There was :no objection. can be here? Mr. HULL <0f Iowa. .Mr. DhairmaE., as the gentleman lfrom Mr. .HULL o! :rowa. T.he gentleman "from Massacbusetts Massachus&ts [l\fr. WEEKS] 1s not here, I ·will explain "the bill. 'knew :that this was i:o e taken UJ> -as 'the first bill. Some yeax:s in,go the . States ;of Oonnecticut and Massachusetts Mr. MANN. .l would like to ask the gentleman from Iowa each .bought .of the GC:YV.ernment out of state .funds some ord­ "Vi.hat -occasion "the State 'Of 1\Iassachnsetts had :to purChase rus nance, the 'Bame as descr.ll>ed here, for the use :of theiT National -ordnance! Guard. On the change of ordnance by the United States the Mi:. HULL ·of 'Iowa. They ipurdiasecl :it out o'f their own Federal Government by act -of Congress allowed the exchange tnnds far the ·pnr.pose ·of instrncting their militia, und after for Connectieut. This is sim:ply allowing the •cbange for Massa­ it was purChased and they had .:Possession ot it Congress en­ chusetts, virtually by mcreasing the a_p_propriation for thelr i:ered on the enterprise of furnishing grms f.or the instruction militia funds the amount .:neeessary to provide the guns ur (of the mllitia m neld batteries, :and ·we carried lin the army bill other equipment for the guard. rt does .not discriminate against tor a series 'Of years -appropriations "'to -manufacture ,guns and any other .State in the Union for the reason that these two ordnance for batteries of field artillery -to issue to i:he militia States are the only two that did expend out ·of their own state of all 'States having light artillery. Now the State of Massa­ funds the money necessary for the purchase :of this ordnance cbusett-s is in tbe position ·of having purchased out of her own necessary "for the drilling of their troops. funds, as did Connecticut, all these guns, while other States Mr. TAW'.NEY. Will the gentleman yield? had them furnisbed to them by the Federal Government and Mr. HULL -Of Iowa. Certainly. -did not expend 'R -dollar ·of state funds to -equip their guards. Mr. TA"Wl\TEY. This is simply another way .of paying a .claim Mr. MANN. Ras Massacbu-setts the guns now Dn handJ which :the 'State of Massaehusetts now bas against the Federal Mr. HULL of Iowa. 'Yes; and they nave others. Now they Government. · want the 'Government to reimburse them for what they J>Ut in l\fr. HULL of Iowa. I bardly think it is a claim; it was r.e­ in tbe first instan~e, the money to go into a fund 'for the militia. Mr. MANN. ·They «are now 'Old-fashioned guns :and out of ferred to the Ordnance Department and reported back favoralily. date? Mr. TAWNEY. I do not see why. There are a number of other States ·that have claims of a similar character .growing 1\1.Ir. HULL 'Of Iowa. Well, they were bought :since 1..90(). Mr. MANN. But they are not modern guns? out of the war and had theh· claims audited by authertty of Mr. HULL ·of Iowa. I can not answer that. Congress and appropriations were made ior them. I do not Mr. MANN. Has not the gentleman read the :e_part -of the think this is .a very good way for the Congress of the United committee? States to pay claims of this kind. Mr. HULL of Iowa. If the Clerk will read the report .in my Mr. HULL of Iowa. Ye-s; I nave. Mr. MANN. Then, the gentleman knows that they .have been time, I think 1t will give all the information that I can give. re_placed by modern guns? Mr. MANN. 'i'hen, it will not g'i\'0 much. :Mr. HULL of Iowa. That is all I ha.Te. Mr. HULL of Iowa. Yes; by later modern .guns. '.rhe Clerk read the report (by Mr. HULL of Iowa), RS follows: M.r.. KEIFER. The gentleman will .allow me to suggest that all 'breech-loading guns are comparatively medern _guns, but The Committee on Military Affairs, to whom was referred the bill (H. R. 10280) to authorize the Chief of Ordnance, United -States Army, the guns refer.red to 1n this bill re not the latest. to receive twelve 3.2-inch breech-loading field guns, carriages, ·caissons, Mr. MANN. Gener.al Orozier .re_ports that .these guns are now limbers, and their :pertaining equij)lilent .from the State of 'Massachu­ replaced with more modern gung. setts, having considered the same, report thereon with a recommenda­ tion that it do pass. .l\Ir. HULL .of Iowa. Yes; more modern guns. A similar bill was repo"l'ted in the Sixtieth Congress by the Cemmit­ Mr. MANNA And .now Massachus.etts "wants us to buy :the tee on l\Iilltary Affairs of the House 'Of .Representatives~ 'and said re­ old modem :guns of no value. port is hereto attached and made .a part Jlereof. Mr. HULL -of Iowa. "But the gentleman will remember th.at [House Report No. 1205, Sixtieth Congress, :fin:lt 'SesBion.] the State ·of Illinois and the State of Iowa rud not buy any The Committee on Military Affairs, to whom was refexred the 'bill guns at all The Government gave the .guns to them for tbe {H. R. 4781) to cnuthorize the Chlef of ·Ordnance, United Staies Army, purpose of instructing the militia. ...If the gentleman could show to receive twelve 3.2-inch breech-loading .field gun.s, •carriages, caissons, that Illinois or any other ·State had purchased guns out ·of their limbers, and their pertaining equipment ·from the ·State of Massachu­ setts, report the same back to the House with the recommendation that own funds and Congress had lmtered .on the ;policy of furnishing lt -do pass. those guns to the States, then I would '.68.-y that the State o.f T.his bill was .Sent 'to -the Wa~ Department for information and Te­ Illinois ought to be reimbursed. marks, and the following 13 a report of the Chief .of .Ol'drul:nce and !he Assistant Secretary of War on the same : Mr. MANN. The State of ·minois, us I -remember, has a .num­ ber of claims rngainst the ·Government, some ·of which may ·be .[Third in.dorsemen.t.] good and ·some bad. OFFICE OF !CHE -CH.IEF OF 0.RDNANCE. WashinUton., Mm·oh 9, 1908. Mr. HULL o-f Iowa. Bnt not of this -character. Respectfully returned to the honorable the Secretary of War. Mr. MANN. It has had various c1a'.ims against the 'Go:vern­ The material herein refer.red to was sold to the State of Massachu- ment for many years, and so :far as l recollect, never undertook setts on January 1, 1900. . to get thein :paid by giving baek to the Government something A bill of slmilar purport to this ·on~ a11thor1zing :the depa:rtment to .l"eceive back four 3.6-inch field guns and .other :pertaining material of no -value. whicll 11ad been sold to the State of Connecticut, was .referred to this Mr. "TAW.l-."'EY. Will the .gentleman permit an interrupti on? department for -remark, and was returned on February 20, 1906, with Mr. MANN. Certainly, U: 'the gentleman .from .Io~a [ Ir. the following .statement: HULL] will yield? "It was a patriotic act on the part of this State to purchase the 3:6- inch guns .out of its own funds, and although rthey are-now to be replaced Mr. HULL of Iowa. Oertainly. Without chfil"ge to the State wlth more modern guns, the State is not Mr. TAWNEY. The claims the State -0.f Illinois has against thereby placed in a position of advantage with reference to other ·states the Gover::nment arise upon .either express or implied obligati n ho .are also .about to receive modern guns without charg-e to them, ·and who had not expended any of their funds for the same purpose. on the part of the Federal Government to pa,y them, but tliis The effect of the passa!je of the act will be to show .re.cognition of the claim rests on no obligation whate\er" no liability. The action of the State by mtrnsting its militia with an increased amount penditure was made by the State of Massachu etts volunta.rfly of military equipments for use in the .service of the United States if needed." for the instruction and benefit of our own state militia.. That The same remarks apply in the present case of the State of Massa­ does not create an obligation -0n the .part of the Governmerrt if chusetts, except that the modern guns referred to above as about to be the Government changes its ipolicy subsequently to reimburse received by the States have now been issued to the State nf Massachu­ setts .and to other .States. the State of Massachusetts. The bill with reference to the 'State of 'Connecticut 'became 11. law. ML .HULL t0f Iowa. "The gentleman must remember that the WILLIAM CltOZil!lR, Government in the case of ·Connecticut, exactly similar to this, Brigaaier-General, Chief vf Ordnance, United l:HMeB Army. did recognize a strong moral obligation to reimburse the State. [Fourth indorsement.] In -0tber words, the State expended-- w AR DEPA.RTM.ENT, .March 9, 1908. Mr. MANN. How was that bill :Passed Telating to Con­ Respectfully returned to the chairman .Committee on Military Affairs, necticut? House of Representatives, inviting attention ±o the foregoing report of Mr. HULL ·of Iowa. By -a report from the Committee on lthe Chief .of Ordnance, United States Army, ln whose iviews the ,(}epart­ :ment ·concurs. Military Affairs. ROBERT SHAW !OLIVER., l\Ir. MANN. Ui+der suspension of the rules when we were ..4:.sBistant .Be.e:retwry ·Of :War. having :a filibuster carried on :here? CONGRESSIONAL RECORD-HOUSE. 3253

Mr. HULL of Iowa. I do not know; whoever made the re­ manufacturing field artillery and issuing it to the States for port on that probably took it up. It has been some time ago, the use of their militia. ,, and I do not remember; but it passed and is a law. Mr. HUGHES of New Jersey. Then, the object of this bill Mr. .MANN. Oh, I understand that. :What was the amount would be to put Massachusetts upon the same footing as the involved in that? other States? Mr. HULL of Iowa. I assume about the same as this. I Mr. HULL of Iowa. That is all. have not looked up the bill Mr. HUGHES of New Jersey. That is what I desired to Mr. MA...i.~. Oh, surely the State of Connecticut does not find out. expend as much money on these guns- Mr. STEVENS of Minnesota. Will the gentleman yield Mr. HULL of Iowa. Well, if they would buy guns at all to me? they would buy a battery. Mr. HULL of Iowa. How much time? l\Ir. l\IANN. And every reason that goes to pay this back Mr. STEVENS of Minnesota. About three minutes. would apply, would it not, to any expense that any State has Mr. HULL of Iowa. I yield three minutes to the gentleman been to in reference to its militia? from Minnesota [Mr. STEVENS]. Mr. HULL of Iowa. Not at all. Mr. STEVENS of Minnesota. Mr. Chairman, I think there Mr. MANN. Why not? - is one suggestion this committee ought to consider before it Mr. HULL of Iowa. Because they may have gone to an expense finally passes on this bill. In arming the troops, both regular 1n reference to the equipment of the militia that the Congress and volunteer, it is necessary that the branches of the service has never approved of. Congress has approved of this by enact­ in which are these various troops should be considered in the ing a law, and appropriations year after year have carried order of their importance as to being furnished with arms. $625,000 each year for full batteries of artillery, to be issued The hardest kind of work is to get troops for and secure arms to the States for the use of the militia. for the field artillery in the service of the national guard. It Mr. MANN. And one of those batteries has been issued to is the most expensive part of the volunteer service. It is the the State of Massachusetts under that appropriation? hardest work to get men for that service. It is the hardest Mr. HULL of 1owa. Yes; but before that was done l\Iassa-­ work to equip them for that service, and, naturally, there is a chusetts purchased this battery, and this is simply putting Mas­ smaller proportion of field artillery than any other branch of sachusetts on the same basis as the other States that have not the national guard. So that it is of the utmost importance to purchased. encourage the formation in the national guard of field artillery Mr. MANN. Now it is proposed, as I understand it, that wherever it can be done. It is economy to do it, because we Congress shall pay for all the maneuvers of the state militia, need a larger proportion of field artillery in the Regular Army and that policy has been adopted to a certain extent. Does the unless· the national guard can furnish their proper quota of gentleman contend that when that policy is adopted, that field artillery, so that it is a matter of economy to en~ourage means that the General Government is -to go back and pay the the formation and equipment of field artillery in the national claims of the States for money paid for maneuvers, five, ten, guard. Congress has done that in the past, and it ought to fifteen, or twenty-five years ago? do it. The department has encouraged it, and this bill con­ Mr. HULL of Iowa. There were not any then. tinues that encouragement by notifying Massachusetts and Mr. MANN. Ob, but there were. Connecticut, where they have furnished their own field artil­ Mr. HULL of Iowa. Oh, no. They were state encampments. lery, that Congress will encourage them to equip their troops There were no such thing at all until six years ago. with field artillery and with the very best kind of modern guns, Mr. MANN. There may have been no such thing under the and that is what this bill practically amounts to, and for that law of the United States. I participated in maneuvers more reason this bill ought to pass. • than twenty-fiy-e years ago. Mr. TAWl\TEY. Will my colleague allow me to ask him a Mr. HULL of Iowa. Of the state militia? question? l\1r. MANN. Of the state militia. Mr. STEVENS of Minnesota. Certainly. Mr. HULL of Iowa. There was a special law on that, and l\Ir. TAWNEY. The State of Massachusetts is now equipped that was provided for by law. with modern artillery by the Federal Government. Mr. l\I.A.NN. I understand. Mr. STEVENS of Minnesota. I presume so; I do not lmow, but I assume that that is true. l\Ir. HULL of Iowa. There is a special law for your state 1\Ir. TAWNEY. They are treated just the same as all the encampments; but let me answer the other question. Congress other States are---- afterwards adopted federal maneuvers, or joint maneuvers with Mr. STEVENS of :Minnesota. Yes. the Regular Army and the militia, and some of the States ex­ Mr. TAWNEY. Now, simply because this bill is for the pur­ ceeded the law and used funds for the joint maneuvers that pose of giving to the State of Massachusetts an opportunity to should not have been used; and the gentleman from 1\linnesota recover back or be reimbursed from the Federal Treasury for [~Ir. TAWNEY] brought in a bill here, a deficiency bill, repaying tho e States for the money that was used, and it was not an similar equipment which it brought voluntarily before the Fed­ immoral thing on his part to do so. eral Government entered upon the policy of equipping the militia of the several States-- l\fr. MANN. Oh, that was because of a ruling of the comp­ Mr. STEVENS of Minnesota. This is to take those guns off troller overruling the decision of the military officers of the the hands of Massachusetts-that is just exactly what we do, and Government. it is doing, as I understand, what we can well afford to do, pro­ l\Ir. HULL of Iowa. Oh, no; the law specifically provided viding these guns for the purpose of equipping the field artillery that this money should not be used for joint maneuvers. of Massachusetts, so that such troops may have a higher degree Mr. MANN. It may have specifically provided, but more or of usefulness. less was paid out just the same before the money was paid-an Mr. TAWNEY. But are not they now equipped with modern entirely different proposition. guns? I do not say this does not affect the future efficiency of Mr. TAWNEY. Under the law, the money bad been expended the State of Massachusetts at all, but it is a question of and the comptroller held the money was not legally expended whether we shall pay them $42,000 for some old junk. and the loss fell on the individual officers, and we appropriated Mr. STEVENS of Minnesota. No, Mr. Chairman, that is the to reimburse the individuals who bad been held responsible for point. This Congress can well afford to equip these volunteer paying the money; it was not to pay any claim of the State. troops of the States and encourage the States in equipping l\Ir. HULL of Iowa. This money was appropriated by Con­ their troops with the most modern appliances that can be found gress for use in the States for arming and equipping the militia within a reasonable scope, and that is what this bill proposes to and for the use of the States in state encampments. It was accomplish. _ dfrerted to general joint maneuvers, and Congress- reimbursed Mr. MANN. Mr. Chairman, this is one of those peculiar bills them. that remind me of the description of the " Heathen Chinee." It l\Ir. HUGHES of New Jersey. Will the gentleman yield? purports to be a bill to pay for some old ordnance which my Mr. HULL of Iowa. Yes. friend from Minnesota describes as junk, but is really a bill Mr. HUGHES of New Jersey. Do I understand it to be the to appropriate $43,000 more to the State of Massachusetts under object of this bill to reimburse the State of Massachusetts for the provision in relation to the national guard than she is en­ expenditures which other States were not required to make? titled to in the general appropriation. How does it come about? Mr. HULL of Iowa. No; Massachusetts was not required to At the time of the Spanish-American war, in 1898, when no one make it, but Massachusetts and Connecticut are the only two knew just where the Spanish fieet was, and the newspapers States I know of that did make it for equipping field artillery were teeming with reports as to the location of the fleet, there in their respective States before Congress adopted the rule of came a time when every man, woman, and child along the New 3254 CONGRESSIONAL RECORD-· HOUSE. MARCH 16,

England coast had a chill and a· fever regularly every day and Mr. TAWNEY. Will the gentleman permit me to ask him a every night. No one in Massachusetts but trembled with fear question there? that the Spanish fieet would sail up the coast and attack the Mr. PETERS. I will. coast towns. We all recollect the feeling in the House here. Mr. TAWNEY. Did the Federal Government offer any in­ I remember at that time that the distinguished Speaker of ducement or make any request of the State of Massachusetts to this House was Mr. Reed. I went to him once to get permis­ purchase this equipment which has been supplanted by equip­ sion to call up a bill to guard the coast through the Live-Saving ment furnished by the Federal Government? Service, and he, hating the Spanish-American war as he did, Mr. PETERS. I do not suppose the Federal Government commenced to say some sharp words about some people in Chi­ goes about selling equipment to the different States. cago. I reminded him that was a long way from the Mr. TAWNEY. The equipment was bought by the State of coast; that there was no one there who suffered from fear of Massachusetts voluntarily, without any suggestion or any in- balls from any of the cannons on the Spanish fieet; but that I ducement of the Federal Government, was it not? · understood, in his home town of Portland, Me., no one went to Mr. PETERS. It was bought to equip the state troops with sleep at night without praying God to deliver them from the equipment like that which the Federal Government was supply­ Spanish fleet. And I was recognized inside of five minutes. ing to its troops, after consultation and with the Government's At the end of the war the State of Massachusetts and the full knowledge and approval. It was done to promote efficiency State of Connecticut for their own protection, and they are to under a scheme that met the approval of the War Department. be praised for what they did, purchased some ordnance, the Mr. TAWNEY. For the benefit of the militia of that State. State of Massachusetts, I suppose, paying out nearly $43,000 Mr. PRINCE. I would like to ask the gentleman a question. for it. They bought the ordnance. It is theirs. They can do Mr. PETERS. I will yield for the gentleman to ask me a what they please with it. They have used it for years, until it question. is old and out of date, and have now secured from the General Mr. PRINCE. At the time that these guns were bought by Government modern ordnance to take its place. We have the State of Massachusetts to help equip your field artillery, if already given them new ordnance to take the place of that the militia had been called into war under authority of the which they purchased, and we make an annual appropriation, President of the United States, these guns would have been u. or a~ permanent appropriation, for the benefit of the national part of the Volunteer Army establishment, would they not, and guard. Massachusetts gets a proportion of it, Connecticut gets the guns would have been used in that war? a proportion of it, and Illinois and other States each get a pro­ Mr. PETERS. Certainly. portion. Massachusetts wants more money, and now offers to Mr. PRINCE. And the Gov~rnment would have received the give us this old ordnance, of no value to us and probably of no benefit resulting from the use of those guns by reason of the value to them, in order to increase her appropriation over that drill the men received as a part of the militia? to which she is entitled pro rata, and over that which the Mr. PETERS. Certainly. other States receive. The proposition has no justice in morals. Mr, PRINCE. So it was the reserve line in the militia estab­ There is no reason why we should give .Massachusetts a greater lishment of the Government? amount than she is entitled to over what we give to Pennsyl­ Mr. PETERS. It was the reserve line. This equipment went vania or New York and any of the other States, either along the to companies which themselves were prepared to enlist, and coast or in the interior. Each one of them would like to .have many of them did enlist, at the beginning of the Spanish war. more money. Why should we give Massachusetts, great as she Before a man can intelligently use artillery he must have some is, the extra $43,000? If she ought to have that money, possibly experience in handling it. I am speaking with knowledge., be­ other· States ought to have an additional amount. If there be cause I myself was in a troop which used this equipment, and occasion for giving more money than these States have, give it I am familiar with the use to which it was put. I know that to them all alike. its use was appreciated, and that the men profited by it. It is I reserve the balance of my time. a light-artillery equipment, which must be used some time Mr. HULL of Iowa. Mr. Chairman, just one word. Section before the men become accustomed to it;. and that required 2 provides: drill in handling the guns. Therefore it was for the purpose of bringing the militia up to the highest standard that this _ That no part of the value of this material shall be paid to the State of Massachusettsi but the whole amount received from the sale thereof purchase was made. to the State sha 1 stand as a quota of the State, the same as though Mr. HULL of Iowa. Mr. Chairman, how much time have I allotted from the annual appropriations under the provision!'! of section remaining? 1661, Revised Statutes, as amended, and subject to all the conditions thereof. The CHAIRMAN. The gentleman has twenty-five minutes. Mr. HULL of Iowa. I yield such time as he needs to the gen­ That is to say, the additional amount does not go into the tleman from Massachusetts. treasury of the State of Massachusetts, but does go into the Mr. WEEKS. Mr. Chairman, I introduced this bill, and I support of the militia of the state of Massachusetts. regret that I have not been here to hear the discussion on it up Mr. MANN. That ls exactly what I said. to this time. I also regret that I turned over the papers in the Mr. HULL of Iowa. The original amount was paid out of the case to my colleague [Mr. LAWRENCE], who seems to have been treasury of the State of Massachusetts, and if they were patri­ called away. However, I want to say that Massachusetts has otic enough to purchase·these guns at a time when the Govern­ always been foremost in maintaining its militia service. It ment would not supply them, it does seem to me they ought to had after the Spanish war two batteries of light artillery. have the benefit of their own money in the support of their Those batteries were equipped with old muzzle-loading guns. own militia, under section 1661. Wishing to bring the batteries up to the standard which the I yield to the gentleman from Massachusetts [Mr. PETERS], War Department proposed to establish, and not being able to if he desires time. obtain guns at that time of modern caliber and modern con­ Mr. PETERS. Mr. Chairman, I wish to present to the House struction by allotment, because the department had no author­ a correction of remarks which have recently been made. The ity to turn them over to the States, the State of Massachusetts State of Massachusetts purchased these guns with its own purchased these guns of the Bureau of Ordnance. Later a gen­ funds for the purpose of giving its own men-its own militia­ eral act was passed which authorized the Government to fur­ an opportunity to drill with modern guns. They had previously nish all the States with guns similar to the ones that had been been supplied with the old-fashioned muzzle-loading guns, and purchased by the State of Massachusetts, but not exactly the it was for the purpose of giving the militia a model equipment, same gun. Therefore all States which are maintaining mi.litia 'so as to keep up the best efficiency that these guns were pur­ organizations are on all fours with the State of Massachusetts, chased by the State out of its own funds. It had nothing to do having received the guns of modern design and caliber, and the with the Spanish w.ar, so far as protection against any outside State of Massachusetts has on hand the guns purchased in 1900, foe was concerned. They are light artillery guns, used by light for which it paid about $43,000. artillery companies and foot soldiers. They could not be used Militia services are for national as well as for state purposes, for the defense of harbors. In order to get the militia of the and a State which has been foremost, as the State of Massachu­ country supplied with proper material, the United States Gov­ setts has, in maintaining a service up to the highest standard, ernment is now giving out to the various States equipment of should be protected when it goes out of its way to equip its its own. These have taken the place of the equipment that forces with the latest guns and the latest equipment. Massachusetts purchased herself, which, being more antiquated, The State of Connecticut was in exactly the same position in has been replaced by the more modern apparatus authorized by this respect. It did buy some equipment of this kind, and it the Dick bill. The passage of this measure would place Mas­ was authorized to turn it in to the Ordnance Bureau of the sachusetts in the same position she would have been in had she army and receive credit for what it cost, and draw against the not made this previous appropriation. credit whenever it needed other equipment. That is what the

( 1910. CONGRESSIONAL RECORD-HOUSE. 3255

State of Massachusetts asks in this case. It does not ask to be that prompted the State of Massachusetts to make the invest­ pai

Mr.· HAY. Does the gentleman from Illinois think it neces­ · ·l\fr. SLAYDEN. Yes; and put the -value of·it to her credit, sary to always have an opinion from the War Department or so that other material may be furnished as needed in the train- some other department before Congress can legislate on any ing of the state troops. · . . proposition? Mr. PETERS. Mr. Chairman, when this ordnance was. pur­ Mr. :MANN. Mr. Chairman, I do not think it is necessary, chased the ordnance was purchased at the standard the Govern­ but I think it is highly desirable on matters of this sort to have ment then gave out. Later the Government gave out a new form the opinion of the administrative departments. I never hav·e of gun, somewhat different, and it was necessary to· have the claimed Congress was under any moral obligation; much less militia of the counh"y equipped with the ·same weapon. In the legal, to follow the opinion of the departments, but the depart­ equipment of the militia with the present type of gun the guns ments are supposed-to express views ·in reference to such mat- which had been purchased by Massachusetts in 1900 were ren­ ters. · · dered more or less obsolete, and it was in order to have the militia all equipped with the latest weapons that the new ord­ Now, the gentleman from Massachusetts [Mr. WEEKS] says that the passage of this bill Will place Massachusetts in iden­ nance was sent to Massachusetts. Now it is proposed to take the money which is to be credited to the State and have it used tically the same position that the other States · ~ccupy. In my simply in the purchase of other and new material for the State. judgment, t.bat is erroneous. Under this bill there are two sets All Massachusetts wants is a fair exchange, profitable to both of ordnance granted to the State of Massachusetts, as against parties. one set of ordnance granted to the other States. · The Clerk read as follows : 1\.Ir. WEEKS. Mr. Chairman, the State of Massachusetts has Illi­ Be it enacted, eto., That the Chief of Ordnance, United States Army, paid for one set of ordnance, of which the gentleman from is hereby authorized and empowered to ·receive back from the State of nois [Mr. MANN] is speaking, out of its own f'1fids. Massachusetts the twelve 3.2-inch br;eech-loading fi eld guns, carriages, Mr. MANN. But the gentleman does not want the State to caissons, limbers, and tbeir pertaining material which were sold to the State by the Ordnance Department for the sum of $42,423.21 in the pay for it out of its own funds. The gentleman wants the year 1900. . . · · General Government to give the State of Massachusetts two sets of ordnance, as against one to any other State, to provide the Mr. HAy. Mr. Chairman, I move to strike out the last word. State of Massachusetts with the United States ordnance twice Mr. Chairman, I simply do that to call attention to the fact as against once for the other States. that the bill which was passed on the 2d day of April, 1006, for the purpose of receiving back guns from the ·State of Con­ Mr. WEEKS. . Mr. Chairman, there is not a word of testi~ mony before this committee that will substantiate any part of necticut, w~s pa~s~ by unan~ous consent. The RECORD reads: the charge made by the gentleman from Illinois. The State of Mr. CAPRON. Mr. Speaker, I ask un~ntnious c~nsent f~r the present consideration of the bill authorizing the Chief of Ordnance, United Massachusetts bought this ordnance and paid for it, and now States Army, to receive four 3.6-inch breech-loading field guns, carriages, has received ordnance from the General Government just ex­ caissons, limbers, and their pertaining equipment from the State of actly as every other State has, and what it asks the Gen­ Connecticut, which I send to the desk and ask to have read. . eral Government to do now is to take back the ordnance that it There was no objection, and the bill was passed by unani­ bought from it and give a credit, so that other equipment may mou_s consent, everybody agreeing to it. - 1 simply wanted fo call be furnished against that credit. that to the attention of the committee. , . Mr. MANN. The gentleman and I do not disagree except in Mr. MANN. ·· No wonder that bill passed on its title, as this the language that he intersperses in my remarks, stating, in bill would if nobody read it. effect, that I do not know what I am talking about [laughter], Mr. HAY. I thought the gentleman from .Illinois would have and I am quite content to leave that to the House. The gentle­ been there and known all about the bill. man's own statement shows that the State of Massachusetts Mr. MANN. Unfortunately the gentleman from Illinois was wants to get ordnance twice ·at the· expense of the Government, not there; if he had been there, the bill probably would not have as I said, instead of once. The State of Massachusetts bought been passed, and I doubt even whether the gentleman from Vir­ the ordnance from the Government in the first place. It had ginia would have supported it if it had not come from his own that set of ordnance. It has now received another set of ord­ committee. . . . _ nance from the Government. · It now has both sets of ordnance. Mr. PRINCE. How much money did that carry? It has used one until it is too old to be used longer. It has Mr. MANN. Twelve thousand four hundred and five dol1ars received a new set, and now wants the Government to pay it and eight cents. for the first set. If that is not asking to provide ordnance to Mr. KELIHER. The principle is the same, no matter what it ·twice, as against only once for the other States, I do not the amount. lmow how to count. " The Clerk read as follows : Mr. SLAYDEN. Mr. Chairman, it seems to ·me that all that SEC. 2. That no part of the vafue of this material shall be paid to is involved in this bill is the question of whether or not it is the State of Massacbusetts, but the whole amount received from the sale thereof to the State shall stand as a quota of the State, the same just and proper to put. the State of Massachusetts on a plane as though allotted from the annual appropriations under the provi­ of absolute equality with the other States· as to the supply of sions of section 1661, Revised Statutes, as amended, and subject to all this material of war. Massachusetts did buy this battery, the conditions thereof. · · · bought it before the enactment of that statute-No. 1661, I Mr. SLAYDEN. Mr. Chairman, I think that the language think it is-which provides for the supplying of equipment to of this section would be clearer if the amendment which I send the States. Now, if that law had never passed, I dliJ.re say to the Clerk's desk and offer were adopted. . Massachusetts would never have been here in the attitude that The CHAIRMAN. The gentleman from Texas offers an she is to-day; but it did pass. The other States were supplied amendment, which the Clerk will report. . with the equipment, and Massachusetts stands in the peculiat· Mr. SLAYDEN. I would suggest, in section 2, line _1, page 2, position of having bought and paid good, hard cash for what to strike. out the words "value of this material" and say "the the other States got 1.or nothing, and she asks and this bill money herein appropriated." provides that the Federal Government shall take back from The CHAIRMAN. The Clerk will report the amendment. the state government the equipment ~he bought and paid for The Clerk read as follows : in 1900, and that th~ money shall be put to her credit in ac­ count for other equipment to be supplied in the future as Page 2, line 1, strike out the words " value of this material " and in­ needed. This is simply. a question of whether or not we are to sert " the money herein appropriated." do what I conceive to be justice to Massachusetts. Mr. SLAYDEN. And also an additional line substituting the Mr. HINSHAW. Do I understand that in the first instance language describing the material. Massachusetts paid for this battery? The Clerk read as follows: Mr.' SLAYDEN. . Yes. In line 3, after the word " sale," insert " twelve 3.2-inch breech­ Mr. IDNSHAw. .I understood the gentleman from Illinois Ioading field guns, carriages, caissons, limbers, and their pertaining [Mr. MANN] to say that the Government in the first instance material." had given the State this equip.ment. . l\lr. HULL of Iowa. The last language, I think, is already Mr. SLAYDEN. No; the gentleman from Nebraska misun­ sef forth in section 1. derstoQd the gentleman from Illinois. Massachusetts bought Mr. SLAYDEN. It is set forth in section 1; yes. the first equipment, and then, after the act was passed ' that Mr. HULL of Iowa. There is only one question I would like authorized the ordnance department to furnish such things to to ask the gentleman from Texas, because he and I are in the states, Massachusetts received an additional supply. . accord, I think, as to the general policy of the matter, and that Mr. HINSHAW. And now. she wants to sell back the old is, there is really no appropriation here; it is a matter of book­ ordnance to the United States? keepµig more than appropriation. Tlie money iS" kept in the

I ) I 1910. CONGRESSIONAL RECORD-HOUSE. 3257

Treasury of the United States until drawn out under section Mr. HULL of Iowa. I looked up the law, and it was $100,000. 1661. Mr. MANN. As reported from the Committee on Appropria­ Mr. MANN. I would 'like to inquire if the object of this-is· to tions it was $75,000. The gentleman from Arkansas [Mr. kill time? - MACON] made a point of order against the item and it went out. · Mr. HULL of Iowa. No; I am trying to ascertain whether It was agreed to in . the House at $50,000 and increased to this amendment really perfects the bill or not. $100,000. Does the gentleman have any idea as to whether the Mr. SLAYDEN. In reply to the question of the gentleman $55,000 remaining will be sufficient? I will say that I think it merely makes it a little clearer as to Mr. HULL of Iowa. Mr. Speaker, I will say this for the :what is meant by the section, and it provides specifically that bep.efit of the House; that the Secretary of State in his letter the money therein appropriated, instead of saying the money to me urging the enactment of this resolution expressed the received from the material sold, and so forth, shall not be paid idea that it ought to be paid out of the appropriation for the to the State of Massachusetts. support of the army, and he did not indicate that he desired it Mr. HULL of Iowa. I want to say to the gentleman from taken out of that fund of $100,000. In my judgment, this is not Texas that the bill does not say "money received from the sale a proper charge against the army budget. of material," but "that no part of the value of this material." Mr. MANN. Certainly not. It is simply a matter of bookkeeping, and no money passes one Mr. HULL of Iowa. And ought not to be carried in the army · way or the other. budget. Mr. SLAYDEN. l\Ir. Chairman, I have an idea that it clears Mr. MANN. I agree with the gentleman. I notice that the tl:i;e section, but if the chairman of the committee, who has gentleman froµi New York [Mr. HARRISON] is inclined to be given it more attention than I have, feels that it will not, I am opposed to the committee amendment, whereas my recollec... willing to bow to his judgment in the matter. It is not im­ tion is that when the original proposition was before the House.a portant. I withdraw the amendment. he was opposed to making any appropriation for this. The Clerk concluded the reading of the bill. Mr. HARRISON. I think the gentleman is mistaken about . Mr. HULL of Iowa. Mr. Chairman, I move that the com­ that. My objection to the various appropriations for the inter­ mit~ee do now rise and report the bill to the House with a national congresses was as to the method of approptiating favorable recommendation. money in the House, and not against the object itself. I :made Accordingly the committee rose, and Mr. BURKE of Pennsyl­ a point of order on several occasions against approptiations vania, Chairman of the Committee of the Whole House on the when there was no authority of law for making them, and on state of the Union, reported that that committee had had under one occasion successfully, but never have I ob;jected to the consideration the bill H. R. 10280, and bad instructed him to merits of the proposition. report the same to the House with the recommendation that the Mr. MANN. I thought the gentleman was opposed to all of bill do pass. these propositions, inasmuch as he was so active in making The SPEAKER. The question is on the engrossment and points of order against them. ~rd reading of the bill. Mr. HARRISON. For a moment I ventured on the gentle­ The bill was ordered to be engrossed and read a third time, man's private preserves to regulate the proceedings · of the and was read the third time. House. The SPEAKER. The question is on the passage of the bill. Mr. MANN. I never make a point of order unless I am op­ The question was taken; and the Speaker announced that the posed to the proposition. I do not do it for amusement, as-the ayes seemed to have it. gentleman from New York would seem to do. • Mr. MANN. Mr. Speaker, I ask for a division. Mr. HARRISON. The gentleman is very much mfstaJren if The House divided; and there were-ayes 91, noes 12. he thinks the regulation of orderly proceeding of this H

Mr. HULL of Iowa. · When we sent the commission to the l\fr. HULL of Iowa. I understand from the gentleman .from Philippine Islands we did, and, I -think, properly so. The Gov­ Illinois that the House Committee on Appropriations originally ernment should not belittle itself. · il"eoommended $50,000. . Mr. -1\IANN. May I ask the gentleman a question? Under Mr. TAWNEY. Seventy-five thousand dollars. this amendment it would not be obligatory on these -commission- . Mr. HULL of Iowa.. There is another appropriation in there · 1 ers to use this transportation? · now of $75,000. · · I Mr. HULL of Iowa. No; it is not obligatory. · Mr. TAWNEY. Yes; but that was put in in the Senate as an I Mr. MANN. So that if they concluded that they eould make amendment, for another purpose. better use of this $15,000, included in the $100,000, then they Mr. HULL of Iowa. The committee, after investigation, would not be required to use it in this way? thought that $75,000 was the proper figure. Mr. HULL of Iowa. Not at all. Mr. TAWNEY. The committee recommended $75,000, the Mr. MANN. They have the amount of money which they House appropriated $50,000, and the amount was amended in usked for in the fll-st place-$100,000-and this is a simple the Senate by malting it $100,000. proposition to give them authority, if they so desire, to use Mr. HULL of Iowa. But $75,000 was the amount which you $45,000 of that in connection with the use of the transport? originally considered proper? Mr. HULL of Iowa. That is right; we furnish the transport Mr. TAW1'TEY. Not only what we considered, but what the and they pay for running it. department considered, and that was their recommendation at that time. . Mr. MANN. But they do not have to use it? Mr. HULL of Iowa. Then, with th.e $100,000 they -can easily :Mr. HULL of Iowa. They do not have to do so. pay this appropriation, and the Committee on Military Affairs Mr. HARRISON. )fr. Speaker, I rise to debate the amend­ ment. would not be justified in adding $45,000 to the amount fixed by Congress. The SPEAKER. Time for debate on the amendment hns . Mr. KAHN. Is it not a fact that unless this transport is used expiied. Does the gentleman move a pro forma amendment? these commissioners will have to go to Lirnrpool in order to Mr. HARRISON. I move to .strike out the last word. get a steamer to take them to South America? Mr. Speaker, I hope that the committee amendment will not Mr. TAWl\'EY. I .do not know whether that is true or not. prevail. I am sensible of the .embarrassment of the gentleman I am not objecting to the · transport taking them down there. from Iowa, chairman of the Committee on l\Iilitacy . Affairs, as What I object to is increasing the appropriation for this pur­ to the direction that this appropriation may take if the com­ pose, which the Senate increased $25,000, and now it is proposed initte~ amendment is stricken out. I do not think, ~owever, to increase it $45,000 more. that we ought thereby to cripple this commission which we are Mr. KAHN. As I understood it, the purpose of taking a sending down to Buenos A.ires for the purpose of improving our transport was in order to allow the commissioners to go direct r·elations· with South America. If we are- going _to do it at an. from the United States to South America. There i at present we may a.s well do it. handsomely. In dealing with foreign no direct line of steamers from the United States to South nations, especially with p~ople of Latin descent, great stress !s America except a very slow one, because we do not grant enough to be laid upon courtesy, style, and form; upon the method m ocean mail pay to enable a fast line of steamers to run to which things are done. This embassy to the_meeting of Amer­ South America. Therefore the department has recomm-ended ican Republics seems to me to be in pursuance of the efforts the use of a transport, there being no American line of sufficient which· our Government has been making for the last ten years. importance to take these commissioners to South America. We ought therefore, to make an extra effort to win the good Mr. TAWNEY. I desire to ask the chairman of the Commit­ will and friendship of the South American Republics. Th~y tee on Military Affairs if his committee made any investigation are all going to be represented there. They have all made of the cost of fuel, crew, and so forth, of the transport? That ample provision for th-eir own representatives. In sending the will not be paid out of this $45,000? representatives of the United S tates Government 40~ there Mr. HULL of Iowa. Oh, yes; everything. The .,Quarter­ in an army transport I think it should be so done as not thereby master-General estimated that the entire cost of putting on a to deplete the original appropriation made for the purpose of crew, fueling, provisioning, and everything, would not exceed sending our delegates. , $45,000. . . . Recently one of ·the members .appointed by ~ur . Government Mr. TAWNEY. We .could. charter one of the Panama Rail­ to represent the United States has stated that it will probably road steamers for that. cost them $10,000 apiece out of their own P?ckets !-TI , addition Mr. I;rULL of Iowa. We have transports in serviee, but·those the appropriation made in the urg~nt deficiency_bill. There­ to can not be spared. We have the S.u1nner, a ve1·y elega~ ,t:i;ans­ fore I submit Mr. Speaker, that it is unjust for thls committee port, and one or two others that .are laid up. further to r~uce the sum for sending thi.s delegation down Mr. MANN. We can speak a good word .for it, for some of there and that it is unwise to impair in any way the full dig- us have had trips on it, and 1t is a perfect thing for this kihd of nity ~f our participation in this event. . . · business. Mr. TAWNEY. Mr. Speaker, I move to strike out the last Mr. BUTLER. I would like to ask the gentleman if it is word. The appropriation made in the urgent deficiency appro­ absolutely necessary that the army should can-y these dele- priation bill was clearly intended to cover the· traveling ex­ gates? . penses of thi.s commission from the United States to th~ place Mr. HULL of Iowa. The army is not carrying them. We are where the congress i.s to be held, and even to other pomt.s in granting the use of the transport to the State Department, and South America where there are centennial exercises being car­ also providing that the a.mount must be paid out of the appro- ried on or will be this year. Now, if they are going down there priation for that purpose. . in a government transport, without the expense of transporta­ l\fr. BUTLER. Why does not the State Department a.pply to tion then certainly the expense of taking the transport ought to the Navy Department? com~ out of the appropriation. I do not see any reason why we l\Ir. HULL of Iowa. I suppose because the navy is so awfully should add $40 000 or $45,000 to the appropriation already made busy and has to have new boats all the time that they thought for the expens~ of our representativei:i in attending this confer­ there were none to spare. [Laughter.] . ence. The SPEAKER. The question is on the committee amend- Mr. HARRISON. Will the gentleman yield for a question? m~ . . :Mr. TAWNEY. Yes. The question was taken, and the -committee amendment was Mr HARRISON. The gentleman does not assume that as agreed to. much as $40,000 or $45,000 would have been the ~aveling ex­ The Senate joint resolution as amended WO$ ordered to be penses of our delegates if we sent them by the ordinary means read a third time, was read the third time, and passed. lJf transportation? Sending them by the transport will add On motion of Mr. HULL of Iowa a motion to reconsider the dignity to the affair. . last vote was laid on the table. · · Mr. TAWNEY. When you take into consideration the nu_m­ b"er of representatives, 'Clerks, secretaries, stenographers, and HAZING AT THE MILITARY ACADEMY. interpreters who .are going, ~nd. the different p~aces wh.ich they Mr. HULL of. Iowa. !\Ir. Speaker, I call up the bill S. 5576, contemplate traveling to while m South Amenca., I thmk v~ry to amend an act entitled "An act making appropriations for the nearly that amount of money wm~J.d have b~en expended by the support of the Military Academy for the fiscal year ending June time they return if they traveled m the ordinary manner. 30, 1902, and for other purposes," approved March 2, 1901. Mr. HULL -of Iowa.. Will the gentleman allow me to ask The Clerk read the bill, .as follows : him a question? -Be it enacted, etc., Thnt t1le po.rtfon of the act of COJ?gress entitled Mr. TAWNEY. Yes. "An ~t ~ appropriations for the support o"f t~e Mll.ltary A.clldemy 1910. CONGRESSIONAL RECORD-HOUSE. 3259

for the fiscal year ending .June 30, 1902, and for other purposes," approved Mr. HU!ili of Iowa. That is not the construction that· has March 2, 1901, prescribing penalty for hazing, ls hereby amended to read as follows : been held at the Naval Academy or by the War Department. " SEc. 1. That the superintendent of the United States Military Acad­ Mr. COOPER of Wisconsin. This says that he shall not be emy, subject to the approval of the Secretary of War, shall ~ake ap­ admitted until two years after. propriate regulations for putting a stop to the practice of hazmg, s"!lch regulations to prescribe dismissal, suspension, or other adequate pumshf­ Mr. KEIFER. He would be too old then. ments for infractions of the same, and to embody a clear defin.ition o Mr. HULL of Iowa. It says: hazing. Shall not thereafter be reappointed to the corps of cadets nor be " SEC. 2. That any cadet who shall be charged with offenses under eligible for appointment as a commissioned officer in the Army or Navy such regulations which would involve his dismissal from the academy or Marine Corps until two years after the graduation of the class of shall be granted, upon his written request, a trial by a g~neral cllourtt­ which he was a member. martinl, and any cadet dismissed from the academy for hazmg sha no thereafter be reappointed to the corps of cadets nor be eligible for ap­ Mr. KEIFER. He would be too old to come in as a cadet. pointment as a commissioned officer in the army or navy or Mar1 ne Mr. HULL of Iowa. Yes; and I think the language provides Corps until two years after the graduation of the class of which he was a member. - that he shall never be reappointed-" shall not thereafter be re­ " SEC. 3. That all acts and parts of acts inconsistent with the provi­ appointed to the corps of cadets," and so forth. If you put a sions of this act are hereby repealed." semicolon in there, you would make it clear that that was what Mr. HULL of Iowa. 1\fr. Speaker, this bill simply modifies was meant. .the punishment in hazing cases so that a less punishment ~an 1\!r. PARKER. You could say "nor shall be eligible," and absolute expulsion from the Military Academy may be given, that would make it plain. / and provides that if expulsion would follow a conviction, !he 1\Ir. HULL of Iowa. I do not think he could ever get back to cadet may, upon written application, demand a court-martial. the corps of cadets, because he would be over age anyway, but It is practically the same law, although not quite so liberal to I think the President, the appointing power, would not reap­ the cadet, as they now have in the Naval Academy. point the man. We have been confronted at the Military Academy with this Mr. COO.PER of Wisconsin. What is it that fixes the age? situation, that for the last few years punishment for the most Mr. HULL of Iowa. The regulations. trivial offense has been expulsion if convicted of hazing. Per­ Mr. COOPER of Wisconsin. Not a statute? fectly harmless pranks have been construed to be .hazing, and Mr. HULL of Iowa. I think not. ·the punishment is beyond the crime. In other words, it has Mr. DALZELL. Certainly it is a statute. fixed one absolute punishment regardless of the offense. This bill Mr. KEIFER. Oh, yes. modifies it so that it may be expulsion or some lesser punishment. 1\fr. HULL of Iowa. These gentlemen here say a statute. Mr. STEPHENS of Texas. Will the gentleman yield? The regulations are the same as law unless in contravention of Mr. HULL of Iowa. I will yield to the gentleman. the law. The ages fixed are between 17 and 22. Mr. S1.'EPHENS of Texas. How does the gentleman define Mr. COOPER of Wisconsin. There would be some ambiguity, hazing in the bill? one saying that a student not more than 20 or 21 years of age Ur. HULL of Iowa. It leaves the law exactly as it is now. shall be admitted, and this saying that he shall not be reap­ · Mr. STEPHENS of Texas. It is very hard to draw the line pointed until two years after the graduation of the class. of demarcation between what is simply fun and what is hazing. l\fr. HULL of Iowa. That is the reason I take the ground I Mr. MANN. This requires that a definition of hazing shall do as to the meaning of this language-that he is not to be re­ ·be made. appointed as a cadet, nor is he eligible for reappointment. Mr. HULL of IOWA. The regulations fix that now. This bill 1\Ir. COOPER of Wisconsin. I should think the gentleman provides: ought to be willing to accept this sort of an amendment, "nor That the superintendent of the academy, with the approval of the Secretary of War shall make appropriate regulations for putting a stop shall he be reappointed to the corps of cadets." to the practice of hazing, such regulations to prescribe dismissal, sus­ 1\Ir. HULL of Iowa. I would be willing to make it stronger pension- than that. I would be willing to make it that he never shall · The Senate bill says "and other adequate punishment," but be reappointed. That is what I want to do. we have put it- Mr. COOPER of Wisconsin. There must be something of that or other adequate punishment for the infractions of the same and to kind or else you are going to leave it open for a different inter­ embody a clear definition of hazing. · pretation. One trouble about this has been that two years ago several 1\fr. PARKER. I suggest that the words "shall he" be in­ young men were convicted of hazing and the Secretary of War serted after the word "nor "-"nor shall he be eligible," and so set it aside because he did not believe that they ought to be forth. That makes it very plain-" shall not be thereafter re­ dismissed. It is such administration that virtually destroys the appointed to the corps of cadets, nor shall he be eligible for ap­ discipline in the academy, and in 1909 we had seven young men pointment," and so forth. turned out for hazing, most of them properly so, because they 1\Ir. COOPER of Wisconsin. Yes. believed that if they were convicted they could come to Congress Mr. HULL of Iowa. I will accept that. and the Secretary of War and get relief. Mr. PARKER. Then, I move to insert the words " shall he," Now this fixes it so that if a man is discharged he can de­ after the word "nor," in line 13, page 2. mand ~ court-martial, or where he is charged with an offense .Mr. COOPER of Wisconsin. There is another question that that would result in dismissal if convicted, and have his day in I would like to ask the gentleman in charge of the bill. I ob­ court. These young men claim that they have no day in court serve in his opening statement that he said that men or cadets now. had been punished, discharged for hazing, when their offense I was opposed to the proposition when it was first suggested, was nothing more than a playful prank. because it did not seem to me that a cadet in school ought to Mr. HULL of Iowa. I do not know that I used the words have a court-martial, but I found that they always had the "playful pranks." The law under the regulations defines haz­ right to a court-martial until we passed this law. There have ing as bracing, and that is simply pulling yourself up in this been 345 court-martials since 1850. They are warrant officers way, so General Bell tells us, and one case that is now before and they are subject to the rules and regulations of the War the department is a case of that kind, where there was no Department, and when they have had their day in court they bad blood or laying on of hands, no abusive language, where have no excuse to come to a Member of Congress and beg for the man was not compelled to remain in the position, I think, readmission. over four or five minutes. Mr. COOPER of Wisconsin. Will the gentleman yield? But a case was reported, and under the definition and the Mr. HULL of Iowa. I will yield to the gentleman from Wis­ law as it stands the young man is to be expelled from the consin. academy. That is out of all proportion to the offense. · Mr. COOPER of Wisconsin. Referring to lines 15 and 16, Mr. KEIFER. Is that hazing under the definition? page 2, it declares that a cadet shall not be eligible to appoint­ Mr. HULL of Iowa. That is hazing under the definition, and ment as a commissioned officer in the Army or Navy or Marine the debate in Congress practically called that hazing when the Corps until two years after the graduation of the class of which· law was passed. . he was a member. This cadet might be suspended or discharged Mr. KEIFER. I want to ask the gentleman a question as to just before graduation, and if he were to be readmitted two what proceeding is taken to ascertain whether or not cadets years after that he would be much beyond-- are guilty of hazing. What steps are now taken under the law Mr. HULL of Iowa. He could not be readmitted, because he or the regulations? would be overage. Mr. HULL of Iowa. Well, it is the duty of any officer of a Mr. COOPER of Wisconsin. I know; but this would imply corps of cadets when any hazing appears to have been carried that a student who bad once been admitted and had gone along on or anything not prescribed in the regulations done-- with his studies for two or three years· and was then expelled Mr. KEIFER. I understand, but how do they proceed to find could be readmitted and permitted to finish the course. that out? ·3260 CONGRESSIONAL RECORD-HOUSE. 1\iARCH 16,

Mr. HULL of Iowa. They call tne members of the corps of Mr. DAWSON. I move to strike out the last word, simply cadets before them-- for the purpos-e of asking a question. Is it not true that any Mr. KEIFERL Before w.hom? cadet found guilty oi hazing would thereby subject himself to Mr. HULL of Iowa. Before the academic board of the dismissal from the academy-- academy. Mr. HULL of Iowa. Under the old lftw he would have to be Mr. KEIFER. Does the academic board act in the character dismissed.. of a court and decide the question? Mr. DAWSON (continuing). So that any offense of hazing Mr. HULL of Iowa. Yes; they d<> decide the question, but would give the cadet the right to demand a court-martial? . the boy has no charges filed, as they have in a case of a court­ Mr. BULL of Iowa.· Well, if it was of a gross character, or martial ; he has no counsel to appear for him, and the boys absolute hazing, I would say yes. I will say t<> tha gentleman come before us now and say they dicI not know their rights from Iowa that the Secretary of War has promulgated new reg­ and did not know that they could have counsel If' you have a ula tion.s defining hazing that results in dismissal and hazing court-martial, they would have counsel and can not say that that does not. So that the man directly charged with the higher they have been taken advantage of. crime would find himself dismissed. Mr. KEIFER. I think that rule certainly does not obtain at Mr. STEvENS of Minnesota. 1\Ir. Speaker, I move to strike the Naval Academy, because there have been a number of trials out the last two words. there where I know that the midshipmen have had their day in It seems to me that there is a misapprehension as to what court. ' constltuteB hazing. Under this it will be left to the superin­ Mr. HULL of Iowa. That is what we want to give our boys tendent of the United States Military Academy, subject to the at West Point. The laws are entirely different. approval of the Secretary of War, to define what hazing is, and Mr. KEIFER. Is there any difference in that respect? it would be entirely possible for him, if he saw fit-that is, the Mr. HULL of Iowa. Altogether. I read the law before con­ superintendent and Secretary-to make an impossible defini­ senting to a court-martial here, and saw that at the Naval tion. ot course he would not do It, but he might make such a Academy they could have a court-martial procedure. narrow definition that such an offense would never be committed Mr. KEIFER. I am surprised, if the gentleman will allow as would result in · dismis al. Now, that is practically the me to observe, that it should obtain as a rule there in all the law now. The present law has been grea tJy exagge1·ated as to history of the academy that they should have no notice or any its harshness. Under the present law the Secretary of War presence or any hearings or any right to have evidence-- has the right to make regulations defining hazing. Hazing Mr. HULL of Iowa. Oh, they are brought up and questioned is not defined by the law as it stands. It is· defined by the and asked if they know anything about it, but they have no regulations of the department, and the department has changed co unset those regulations and greatly modified them only recently and Mr. KEIFER. Before this academy board do they have wit­ has defined hazing as willful intent to humiliate and injure, nesses? which very seldom happens. So that the present Iaw as it Mr. MANN. I think the gentleman from Ohio was not here stands ls just about what this section 1 provides, and very when this House had hysteria-a bad case. greatly liberalizes present conditions. The result is that right Mr. HULL of Iowa. The worst case of hysteria I ever knew. now, under the law as it stands~ the great bulk of the offenses I had it myself. popularly known as hazing are not hazing in the academy under Mr. MANN. And we 1>rovided not for a trial, but we pro­ the present regulations and would not be hazing under this seC'­ vided that they should be summadly expelled from the tion 1. The difficulty ls that the old regulations were too severe, academy. not the law. The difficulty is that we are liable to get too ex­ Mr KEIFER. That is all right; but the point I am trying to treme and make regulations too liberal, and that It wolild en­ make is, how you find out who- are guilty before this summary courage petty offenses and would encourage humiliation of the expulsion.. cadets, which would not come within the definition of hazing. Mr. MANN. That is done by the superintendent of the Now, I am very much afraid that would result, because 1t academy. has resulted in the academy within the last few m<>nths. There Mr. KEIFER. There must be some form of trial. is a resol~tion before this committee to~day asking us practically Mr. ])!ANN. The superintendent of the academy makes the to restore three cadets who have been guilty of these minor regulations. infractions. Mr. HULL of Iowa. He prescribes the regulations, and they Mr. MANN. It is before the House? are brought before. him and the academic board, and he tries .Mr. STEVENS of Minnesota. It is before the House. t<> find out if one case goes to another and-- Mr. MANN. Will the gentleman yield for a question? Mr. MANN. He is not required to have any formal trial. Mr. STEVENS of Minnesota. Certainly. Mr. HULL of Iowa. Not a court-martial, but a trial, and Mr. MANN. Possibly he refers to a Senate resolution, which gives the answers of the cadets and certifies them. to the War recites that. the regulations upon the subject of hazing having Depa1·tment. I want to say the author of this drastic law, been modified so and so. who was at the head of the committee which investigated West Mr. STEVENS of Minnesota. I do refer to Senate resolution Point. aB I am informed,. is one of the most earnest advocates No. 70. of the change of the law to what is proposed by this Senate Mr. MANN. That is pending in the House? resolution. Mr. STEVENS of Minnesota.. That, Mr. Speaker, is pending~ Mr. MANN. Who is that? Regulations did exist which defined hazing. Those regulations Mr. HULL of Iowa. Senator Dicx. were modified, and those modified regulations are desired to be Mr. DAWSON. lf the gentleman will allow me, it seems to retroactive. Of course, that is another matter which does not me that the bill which he now proposes for the Military Acad­ concern the pending resolution. The difficulty with the pending emy at West Point, in liberalizing the punishment for hazing, resolution is that it liberalizes the- regulations, and that if an goes very far beyond the law now in force at the Naval Acad­ offense ls made severe enoug.h to demand dismissal from the emy. Under the law governing the Naval Academy there is no academy, as many of them deserve, it enables the cadet to de­ provision whereby a student in that institution can of 'his own mand a court-martial and te> go through the form of things it motion call for a court-martial. Our committee took the view encourages. . that that would be analogous to allowing a student in any of It dignifies the outrageous performances of these cadets. the high schools in the United States to demand a court-martial They ought not to be dignified in such a way, but ought to be if the superintendent saw fit to punish him for breaches of dis­ punished summarily. Fo:r that reason I do not believe that a cipline. What is provided in the hazing law as it applies to resolution of this kind ought to pass. [Loud applause.] Annapolis is this, that the truth as to any issue of facts being Mr. SLAYDEN. Mr. Speaker, I think that this is a bad piece raised, except upon a record as to demerits. it shall be determined of legislation and ought not to be enacted. I am opposed and by a board of inquiry. The hazing law as applied to Annapolis have been consistently opposed to any modification of existing does not give the cadet the right to demand a eourt-:martial as statutes with reference to the offense of hazing. I believe that to whether or not he shall be dismissed from the academy. any letting down of the bars, any modification of the punish­ Mr. HULL of Iowa. This does not give the ri-ght to say as to ment for hazing. will be promptly followed by an outbreak of whether he shall be dismissed from the academy or not, but that offense at the Military Academy. I lmow that that is the does give him the right to demand a court when charged with opinion of gentlemen who are charged with the management of an offense that will result in dismissal if he is convicted. They the academy. I know that it is the opinion of the superin­ do not let him pass on the question,. but if the conviction for an tendent. I know from personal talk with them that it is the offense would result in dismissal he has the right to demand a opinion of the professors who have charge of the instruction of court-martial. .. the young men at that academy. They all deprecate it, although The SPEAKER. The time of the gentleman has expired~ they give no utterance upon . the matter to anybody but those

I I i 1~10. CONGRESSIONAL .RECORD-HOUSE. 3261

_clothed with _proper authority to inquire. They know that it Mr. HOBSON. I am more familiar with the results, as seen interferes with the discipline and administration of the academy m the dismissal. of these good cadets. ju -a 'bnrtf:al -wn,y. Mi:. COOPER of Wisconsin. 'The statute ·ap.:pliCable to the Last _year se-ven cadets were .folIIld ·guiliy .of the offense of ' Jiiidshi_pmen at the Naval ..Academy _goes .into _particulars in -very hazing. Il ts a serious offense, Mr. .Speaker, under the laws Tiill detail as to what shall -constitute the o:tiense af 'h-azing at and the regulations made m accordance w.ith the laws, a ,pen- the Naval Academy• .alty ior which was fixed .by Congress when it was indignant at Mr. HODSON. 'That is ·a new -enactment. .an occurxence fha.:t .resulted in the 1.oss of life. .And the ,prac- Mr. COOPER of Wisconsin. Yes. 11ca1 result would be 1:o filsaTin to a great extent 'th~ .ad.minis- 1, Mr. HO·BSON. ·u a proper amendment Telatlng to .that ~ould '.trafion board officiating at :the Mllitai:y ..Academy. lf this llill be offered to tlfis bill 'I shotild be very glad to support it. Js passed, it will be .taken .as :an 1nfilcation to every young man 1 ..Mr. COOPER of Wisconsin. Does the gentleman thi.nk 'it -who nas been charged with the.most..serlous offense he can .com- ought to be .left Jn the discretion of the commanding officer at .mit at the Military Academy that all lie has got ±o·.do is to ' the _academy? -press 'his application to be fo.rgiv.en ifor a vlolation of 'the law 1 Mr. H013SON. ~ am inclined to think 1t ts -wise to do 1:hat or for a violation of .the rules of the academy. ' unless __you make an ampl~ definition Jn the law. The super:m: I an.re say the bill will pass, because l: llave Been several tendent can be relied upon to oppose anything tha.t is against times since l began my service in the House similar measureB ..disc~pline. -:proposed here, frequentJ;y ·measures 'for the benefit of BC>me -par- 1 J\11:. HULL o'f Iowa. These -regulations are not enforced until ±icular lndiv1dual, and almost invariably over -'the }lrotests of I approved by the Secretary of War. those charged with the administration of the academy, -such I Mr. HOBSON. "That is true_ measures have found favor .in this House, ·when t!ertainly they Mr. OOOPER of Wisconsin. In order ·to give the information "Should not _pass. .to the gentleman from ..Alabama and other gentlemen 'I would "There is pending here nnofher bill ma1tlng .a_pp1icable.mo<1ified , like :to have :the gentleman from .Iowa [Mr. D.AWBON], who h~ regulations at .the acad-emy to three cases .now held in suspen- the statute applicable to the Na-vfil Academy, read the definition sion. Congress fixed dismissal as the pena1ty for hazlng a.nil Df hazing and see what the gentleman from Alabama thinks 1 J.eft to the officials of the ..academy the .making of regulations t .about it. that defined it. -rrhey declared what should be considered haz- The SPIDAKER. The time Df the gentleman has expired. lng and made the regulations known to the cadets. They com- Mr. HULL .of Iowa. I -ask -unanimous consent tllat the time mittea none of these offenses unwittingly. They were .repeat- ·be extenaed ..fiv.e :minutes. edly warned and urged to obey the laws, but they disregarded ·There was no objection. •the waini.ngs and pleadings of officers, and by _persistent in.frac- Mr. D.AWSON. At the -snggesfion of the gent1eman 'from 1ions invited penalties. After a 1ong and serious .in:vestigation Wis.consln, I wm read from the act 'Of April 9, 1.906, which act these young .men were found _guilty of flagrant .breaches of dis- passed t11is .Honse after full debate. This bill was Teparted to .cipline, and Buch legiSia.ti.on as this is meant to relieve them of :the .House by a committee which spent i:wo or -three weeks on the consequences of their folly. There are vari.ons CI.asses of the ground at the Naval Academy at Annapolis_, :iuvestigafing offense, Mr. Speaker, .and one of these cases .is .not .as serious an the hazing which was somewhat prevalent there .at -that time. offense as· some of the others. The clrect of such 1egislation Section 4 defines hazing in these ·words: will be to .encourage .and develop a -mutinous B.Pir.it. "I started That the -offense of .hazing JlS mentioned in this n.et shall consist of to speak of the .resolution now pending -that seeks to make any unauthorized assumption of authority by one midshipman over .applicable a modified definition of hazing -proposed by the ·sec­ another midshipman, whereby the last-mentioned midshi_pman shaTI or may suffer ox be exposed to J;uirer any cruelty, indignity, lmmillation, retary. The three cases are under suspension. 1 have _gone hardship, or o_ppression, or ±he ·deprivation or abridgment of any .right., -0ver the testimony ..and have discussed the watter with the privilege, or advantage to which he shaij ne legally entitled. :Secretary of W.ar and :familiarized myself with it, .an.il I .can "}.Ir. LOUD. That does not cover ";running." .not agree with him. .Some of these cases .are .not as serious as Mr. HOBSOR That is .in ,en.tire aceord with my -views on the the others. Under the law, perhaps, tnere was no avoidance of subject, :althuugh that has been enacted since I was a cadet. . I the maximum penalty ; but they were all .guilty of hazing, think that is -wholesome .legislation, .and has relieved the oeondi­ lt let the ..ana: will be .a ,good thing for the academ._y .to whole 'tion '11.t .Annapolis to which I refer. But the condition at West bunch go. . Point has not been EO 1'elieved. Now, I doribt, Mr. Speaker, ·very much whether this measure should pass, but certainly .I run not in J.'a vor of repea:ling a Mr. DAWSON. Mr. Chairman, the vital difference between statute that was aeliberately enacted while Con_gress w.a.s in J10t thB bill now -pending in the House and the law· mating to the indignatlon at gross outrl;\ges perpetrated by :the Btudents at the Naval Academy I think should be stated to this -.committee ·be­ Military _Academy. · fore we ·v:ote -0n the bill. Mr. STEVENS of Minnesota. The offenses whiCh the gentle­ Mr. HOBSON. Mr. Speaker, .I have .only ,a word to say on the subject. I may say at the outset that I .have ;rnn the _gamut nian from Iowa has Just :read would not be hazing ai: ·west Point at the -present time or under this bill, out they -would be of ha.zing at .Annapolis in _perhaps its severest form, .and 'I feel that it is only fair also to myself to say that I never hazed any­ 'Illirror offenses. l()ne else. I am in .favor of this measure for two ;Simple reasons : Mr. DAWSON. The law as it applies 'to the Naval Academy The first reason is that the second section of the measure at ..Annapolis leaves the quesfion of disci..Pl1ne in the hands of inflicts severer 'punishment than is infiicted .at :present upon the the superintendent of that institution. When you -pass a 1aw real offense of hazing when it is fairly established by conrt­ --whlch takes from the superintendent the power to dIBcipline martial. The $COnd reason w..hy .I suj)port. the .measure is that the cadets -yon utterly destroy disciprme in the institution.. the first section enables a -reasonable definition of ha.zing. Un­ Now, this bill proposes to give to the cadets the :right to d~ der existing law I have seen some of the best cadets that ever mand a court-martial if accused of ha.zing. "What does the 1aw ·entered Anna.polis dismissed for offenses that .really ought not provide at Annapolis? l:t prov'ides that in these milder cases to have been regarded as serious in aey sense of the word. of hazing -they shall be dealt ·wtth as offenses against good order There are various things that we call running 1llld jumping and discipline '3:D.d for violation and breaches of the rules O'f that are good for the plebe when he comes in. He may be going the academy, but no midshipman shall be dismissed for a single along the walk in a slouchy way. If you tell .him -to "hold his .act of hazing except .as "Provided in section R .:fins out and stand U..P :Straight there," it is good for him.· That Now, section .3 provides that where the offense 'is one that is what we call running. Now, many a good cadet has been may carry the midshipman outside of the academy, then a . dismissed simply becalli!e the law did not allow enough lati­ court-martial may intervene, but not on the app1ica.tion of the tude in defining what was hazing. This mea.snre might have ..midshipman ihimself, .because that would destroy the discipline been changed somewhat; but as the first section stands, there of the .institution. 'But it _provides that ·the superintenden-t of is .more latitude given to define what the offense really is, and the Naval Academy may,_ in his discretion and with the &J>­ there ought to be such latitude. The second section does give ..Prova.l of the Secretary of the Navy, cause any midshipman of a boy a chance when his whole career may .be blighted, does the said academy to be tried by court-m.a;rtial for the offense of -give him an opportunity for trial by general conrt-=.lllartial. hazing. Then, if found guilty, the punishment is mare -severe for .the Mr. HULL of Iowa.. Mr. Speaker-- real offense •than it is to-day, simple dismissal, because .this pun­ Mr. HOBSON. Mr. Speaker, did I get the extra five minutes ishment makes him ineligible _tor two years .after the graduation or did the gentleman from Iowa? ·Of his class for appointment or co_!!1.mission in the Ar.my, Navy, Mr. D..A.WSON. I think I :had the -extension <>f time. or Marine Corps. · Mr. P.ARKER. Mr. S.Pea.ker, I rise to a point of order. By Mr. ·COOPER of iW.iseon.sin. Is the gentleman hmiliar -with unanimous consent we 11re in the House as in .Committee of the present .definition of hazing as .applied to .the .ca.de.ts .at the fhe Whole, and everyone who speaks has .a right to fill hour... Naval Academy7 Mr. MANN. Oh, the gentleman is mistaken.

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'. 3262 CONGRESSIONAL· RECORD-HOUSE. MARCH 16,

The SPEAKER pro tempore (Mr. BENNET of New York). this law for hazing. Now, if they have a trial by court­ This bill is on the House Calendar. martial-the gentleman never heard of a cadet coming up here Mr. PARKER. And being on the House Calendar, it is de­ asking reinstatement who had been tried by court-martial and bated under the House rules, and there is no question about discharged, and why? Because he has had his day in court the gentleman having a right to the time on this bill. Mr. CLARK of Missouri. I had just exactly that experience. Mr. HULL of Iowa. Mr. Speaker, I ask unanimous consent Mr. HULL of Iowa. Who was it? that I may have five minutes. Mr. CLARK of Missouri. A boy from my own district, the Mr. MANN. The gentleman from Iowa has an hour. son of the Republican postmaster, that got his appointment to Mr. HULL of Iowa. Then, Mr. Speaker, I will take the time the Naval Academy under a competitive examination that I in my own right. _ ordered. I would rather it had been a Democratic boy; but this Mr. MANN. Mr. Speaker, a parliamentary inquiry. How boy got it. I appointed him, and he cut high, :fantastic capers much time has the gentleman from Iowa remaining? over there, and they court-martialed him on five charges and The SPEAKER pro tempore. The gentleman has thirty min­ convicted him, and the first thing. I knew he was down here utes. wanting me to get him reinstated. Mr. HULL of Iowa. Mr. Speaker, I would like to ask the Mr. HULL of Iowa. I have not had any application where gentleman from Iowa, my colleague, if he regards the fact that the boy was court-martialed. since the organization of the Military Academy to the time this Mr. CLARK of Missouri. I want to ask another question, law was passed the students have always had the right to de­ and that is if the gentleman does not think it gives the boys an mand a court-martial has destroyed discipline there? exaggerated idea of their own importance to have these grand Mr. DAWSON. I am not sure that they have had the right court-martia.ls sitting there on their cases? to a court-martial. Mr. HULL of Iowa. The gentleman is mistaken about that; Mr. HULL of Iowa. They have had it on hazing up to the but I want to say to the gentleman that there always have been passage of this law, and still have it on every charge except court-martials there. There have been 345 court-martials class standing and hazing. held on cadets since 1850, and several of them were held in Mr. HOBSON. If the gentleman will pardon me, the House 1910. ought to understand that this law was passed for the Naval Mr. CLARK of Missouri. That is no reason why you :!hould Academy after the most thorough examination on the ground ever hold another one. at Annapolis and after conditions there were fully debated in Mr. HULL of Iowa. They do hold · them for everything. the House, and it was the judgment of the House that the condi­ This would provide for a possible court-martial where the pun­ tions warranted the passage of this law. ishment would be dismissal. But in cases of standing in studies, Mr. HULL of Iowa. The difference between the situation at the academic board is supreme, and the boy_who does not keep· Annapolis and at West Point, if this bill is passed, would be up in his class is dropped. that if the offense involved a dismissal at the Naval Academy, Mr. DAWSON. I would like to inquire if the Superintendent the superintendent would convene the court-martial, while at of the Military Academy at West Point is in favor of this pro­ West Point' the student would have a right to demand it. vision of the bill which grants the student the right to demand Mr. COOPER of Wisconsin. Will the gentleman from Iowa a court-martial? It is not the court-martial that I object to, yield? but the method of ordering it. Mr. HULL of Iowa. I will yield to the gentleman from Wis­ Mr. HULL of Iowa. I will say this, that the Military consin. Academy is radically in favor of a change in reference to the Mr. COOPER of Wisconsin. Would the gentleman from Iowa regulations respecting hazing, so that the authorities will be able have any objection to the definition that the gentleman from to save three boys who deserve saving. Iowa has read from the statutes? Mr. ·DAWSON. I ha\e never found anyone in the naval or Mr. HULL of Iowa. I do not know that I would, but the military service that had responsibility for these midshipmen superintendent of the academy and the Secretary of War have or cadets who was willing to place in the hands of cadets the given long study to this question of hazing and are getting up right to demand a court-martial in a case of discipline. new regulations, if they have the right to promulgate them, Mr. HULL of Iowa. Not in a case of discipline. Suppose it and I believe it is better to have hazing defined by the reg­ is a case of drunkenness or going off the ground without per­ ulations than it would be for us to fix a cast-iron definition in mission. They can demand court-martials for that, if the penalty the law. is dismissal. In your case here 6f hazing, whenever it comes to Mr. COOPER of Wisconsin. Then a new superintendent could the question of dismissal, your own superintendent can have the make a new definition. court-martial if he believes it necessary. In fact, is it ,not his Mr. HULL of Iowa. No; not without the consent of the duty under the law to convene a court? Secretary of War. Mr. DAWSON. Gentlemen will agree with me, I think, that Mr. COOPER of Wisconsin. Well, he might get that consent. acts of hazing are infractions of the regulations with regard to Mr. HULL of Iowa. Oh, I think that is remote. discipline, almost entirely. Mr. COOPER of Wisconsin. Why not have it in the statute Mr. SLAYDEN. Is it not a fact that in substance there is a and have it fixed by law? court-martial for all of these offenses? A court-martial is Mr. HULL of Iowa. Now, I want to say further that during merely a court to investigate charges against a soldier or en­ this year of 1910 there have been three courts-martial at West listed man or an officer, or a cadet, if it is provided for by law. Point for offenses other than hazing, and yet it has not de­ They have an investigation by a military commission, have they stroyed the discipline. . Cadets were entitled to the court-martial. not? These cadets are not schoolboys in the ordinary sense of the Mr. HULL of Iowa. They have; by the academy board. term. They are practically warrant officers. They are com­ Mr. SLAYDEN. By competent men? missioned and sworn to obey the laws of the country and the l\Ir. HULL of Iowa. Yes. regulations of the War Department and the commands of their Mr. SLAYDEN. By men who are inclined to look with great superior officers, and they are subject to the discipline of leniency upon the acts of misbehavior. • officers of the army. Mr. HULL of Iowa. Yes; that same board would pass on Mr. CLARK of Missouri. Does not the gentleman think it everything that does not involve dismissal. rather a preposterous performance to have a court-martial, Mr. SLAYDEN. The court-martial that this law proposes with generals and colonels and lieutenant-colonels and their would probably, I might say actually, be composed of the same epaulets and swords and all that, sitting on a lot of schoolboys! people. Mr. HULL of Iowa. Well, they do not do it. Mr. HULL of Iowa. Oh; not necessarily. Mr. CLARK of Missouri. Why not discipline those boys just Mr. SLAYDEN. Not necessarily, but in practice. like a man who has got sense, running a private school, disci­ Mr. HULL of Iowa. The court-martial giving the right of plines his boys? review, as suggested, is an addition to the other. This court Mr. HULL of Iowa. Because it is under the Government. of inquiry is quite different from a court-martial in protecting The men are officers of the army to a certain extent. They are the rights of the boys. Now, I am not one of those wJ!o believe paid by the Government, and if the gentleman has had any ex­ the boys have been wronged except by the drastic law we put perience with any of his cadets being turned out, he knows that on the statute books. I do not believe the academic board life is a burden to him from the time that he is out until he is want to dismiss these boys in all cases, because under their reinstated. very :findings of guilty under the hazing law they recommend l\Ir. CLARK of l\Iissouri. I did have that experience. the Secretary of War that some lighter punishment be substi­ Mr. HULL of Iowa. This House has on two or three differ­ tuted for the dismissal. ent occasions reinstated in the Naval Academy and reinstated in Mr. SLAYDEN. My information from the Superintern;lent the l\Iilitary Academy cadets that have been discharged under of the Military Academy is he wants no modification.

I

<' 1910: CONGRESSION .AL RECORD-HOUSE. 3263

Mr. STEVENS of Minnesota. Under the law as it stands, and dependent relatives of such· soldiers and sailors-to the could not they define hazing in such a way as not to administer Committee on Invalid Pensions. · severe punishment in case it was not necessary? S. 6965. An act for the relief of Samuel W. Campbell-to the , .Mr. HULL of Iowa. The Secretary of War thinks he will Committee on Claims. try it, but he much prefers we should ·pass another resolution, S. 6794. An act authorizing the construction of a bridge across as an independent proposition, confirming his new regulations. the Okanogan River in the county of Okanogan, Wash.-to the l\Ir. STEVE~S of Minnesota. Under the law as it stands the Committee on Interstate and Foreign Commerce. superintendent of the academy and Secretary of War have a S. 6793. An act authorizing the construction of a bridge across right to change the regulations and define hazing as they think the Columbia River in the counties of Okanogan and Douglas, best, without the necessity of our passing this act. Wash.-to the Committee on Interstate and Foreign Commerce. Mr. HULL of Iowa. I think the Secretary of War claimed S. 6152. An act providing for the allotment of land to the that before us. Apache and other Indians under the charge of the War Depart­ l\Ir. STEVENS of l\Iinnesota. So section 1 of this act-- ment, Fort Sill Military Reservation, Okla.> and for other pur­ 1\!r. HULL of Iowa. At the same time he claimed it was a poses-to the Committee on Indian Affairs. very clo e question and he would like to be relieved of the re­ S. 5783. An act authorizing and directing the Secretary of the sponsibility of it. Interior to vacate certain lands in Oklahoma re erved for a town site, and for other purposes-to the Committee on Indian Mr. STEVENS of Minnesota. So section 1 is substantially Affairs. what the law is now? S. 5629. An act to set apart certain lands in the State of Ore­ Mr. HULL of Iowa. No; I think not. gon as a public park, to be known as the Saddle Mountain Na­ Mr. STEVENS of Minnesota. One question more. Now, in tional Park-to the Committee on the Public Lands. changing the defense, in passing upon what young men have S. 5432. An act to authorize the city of Seattle, Wash., to done, ha.s it. not been the argument before the Committee on purchase certain lands for the protection o'f the source of its Milita.cy Affairs that we must be lenient to them as boys, yet water supply-to the Committee on the Public Lands. when it comes to the machinery of making the punishment S. 5314. An act to extent the time of payments on certain effective, that then we must treat them as men'J Has not that homestead entries in Oklahoma-to the Committee on the Public been the situation? Lands. Mr. HULL of Iowa. I hardly understand the gentleman's S. 3793. An act for the relief of the Miami Indians-to the question. Will the gentleman repeat it? Committee on Indian Affairs. Mr. STEVENS of Minnesota. When these young men come S. 3792. An act for the relief of the Saginaw, Swan Creek, before the Committee on Military Affairs or this House to have and Black River bands of Chippewa Indians, in the State of the offense of which they have been guilty considered, we are Michigan-to the Committee on Indian Affairs. asked to consider them as pranks of boys; but when it comes S. 2984. An act to grant certain lands to the town of La to the machinery to punish them, we are asked to consider them Junta, Colo.-to the Committee on the Public Lands. as men. Is not that the situation? S.1751. . An act to amend an act entitled "An act creating the Mr. HULL of Iowa. Oh, I think it is hardly to that extent. Mesa Verde National Park," approved June 29, 1906--to the I think, when they come before us and ask to be reinstated, it Committee on the Public Lands. is done on the ground that what they did was not sufficient to S. 1056. An act for the relief of Benjamin Hyde-to the Com­ deserve expulsion. I now yield to the gentleman from Tennes­ mittee on Claims. see [l\lr. GORDON]. Mr. MANN. Will the gentleman yield for a suggestion? It ENROLLED BILLS PRESENTED TO THE PRESIDENT FOR HIS APPROVAL. is now half past 5 o'clock. Does not the gentleman think it Mr. WILSON of Illinois, from the Committee on Enrolled would be wiser to have this question come up after he and other Bills; report that this day they presented to the President of the Members have had a chance to see if they can not tinker with it a little? United States for his approval the following bills: H. R. 21221. An act to authorize the city of St. Joseph, Mich., Mr. HULL of Iowa. You mean come up 'as unfinished busi­ to construct a bridge across Morrison Channel of the St. Joseph ness? River, Michigan ; Mr. MANN. It will come as unfinished business on next H. R. 18902. An act to amend an act approved August 13, 1894, calendar Wednesday. entitled "An act relative to recognizances, stipulations, bonds, Mr. HULL of Iowa. I have no objection to that. Mr. and undertakings, and to allow certain corporations to be ac­ Speaker; I move that the House do now adjourn. cepted as surety thereon ; " H. R. An CHANGE' OF REFERENCE. 20164. act authorizing the extension of Military road NW., in the District of Columbia ; Pending the motion to adjourn, by un~ous consent., the H. R. 197°85. An act to authorize the extension of Columbia Committee on Claims was discharged from the further con­ road NW.• in the District of Oolumbia ; sideration of the bill (S. 6639) for the relief of Margaretha H. R. 16916. An act to authorize certain changes in the pe!­ Weideman, Clarence C. Weideman, and Auguerite E. Weideman, manent system of highways plan, District of Columbia ; owners of lots 1, 2, and 3, square 434, in the city of Washington, H. R.16915. An act to direct that Jefferson street NW., be­ D. C., and the same was referred to the Committee on the Dis­ tween Fourteenth street and Colorado avenue, be stricken fro~ trict of Columbia. the plan of the permanent system of highways for the District SENATE BILLS REFERRED. of Columbia; H. R. 16824. An act for the relief of Daniel H. Wiggin; Under clause 2, Rule XXIV, Senate joint resolution and bills H. R.13893. An act to authorize the extension of Forty-first of the following titles were taken from the Speaker's table and street NW. ; . referred to their appropriate committees as indicated .below: H. R. 13864. An act to extend Fourth street SE. ; and S. J. Res. 24. Joint resolution empowering the Court of Claims H. R.11878. An act to change the name of Twenty-third. to ascertain the amou~1t of the civilization fund paid by the street north of Calvert street., in the District of Columbia, to Osages and applied to the benefit of other Indians, and for other Woodley place. purposes-to the Committee on Indian Affairs. S. 1021. An act to appoint James B. Ferguson a first lieuten­ ADJOURNMENT. ant in the Medical Corps of the army and place him on the re­ Thereupon the motion to adjourn was agreed to; and (at tired list-to the Committee on Military Affairs. 5 o'clock and 30 minutes p. m.) the House adjourned. S. 7096. An act granting permission to certain officers of the United States to accept gifts from the Governments of foreign states and authorizing the Department of Sta.te to deliver said gifts-to the Committee on Foreign Affairs. EXECUTIVE COMMUNICATIONS, ETC. _ S. 70!>0. An act fixing the expense allowance for tra-v~l and Under clause 2 of Rule XXIV, executive communications were attendance of the United States district judges when necessarily taken from the Speaker's table and referred as follows: absent from their place of re idence on official duty in any other 1. A letter from the Acting Secretary of the Treasury, transmit­ place in their districts-to the Committee on the Judiciary. ting urgent deficiency estimate of appropriation for Treasury S. 7058. An act granting pensions and increase of pensipns to printing and binding (H. Doc. No. 784)-to the Committee on certain soldiers anu sailors of the civil war and c~rtain widows Appropriations and ordered to be printed. '

.. CONGRESSIONAL ~ECORD-HOUSE. MA.Ron 16,

2. A letter from the Acting Secretary of the Treasury, transmit­ relief of the widow of and heirs at law of Monroe Arnold, .de­ ting a statement showing buildings and parts of-buildings leased ceased, reported the same adversely, accompanied by a report by the Government in the District of Columbia (H. Doc. No. (No. 777), which said bill and report were laid on the table. 785)-to the Committee on Appropriations and ordered to be Mr. PRINCE, from the Committee on Claims, to which was printed. referred the bill of the House ( H. R. 15012) for the relief of Sarah V. Brannon, administratrix of the estate of Joseph Bran­ non, deceased, reported the same adversely, accompanied by a REPORTS OF COMMITTEES ON PUBLIC BILLS AND report (No. 778), which said bill and report were laid on the RESOLUTIONS. table. Under clause 2 of Rule XIII, bills and resolutions were sev­ Mr. GOLDFOGLE, from the Committee on Claims, to which erally reported from committees, delivered to the Clerk, and re­ was referred the bill of the House (H. R. 15013) for the relief ferred to the several calendars therein named, as follows : of Fred M. Kimball, reported the same adversely, accompanied l\fr. HENRY of Texas, from the Committee on the Judiciary, by a report (No. 779), which said bill and re.l}ort were laid on to which was referred House joint resolution 115, reported in the table. · lieu thereof a joint resolution (H. J. Res. 174) proposing an Mr. TILSON, from the Committee on Claims, to which was amendment to the Constitution of the United States, accompa­ referred the bill of the House (H. R. 21742) for the relief of nied by a report (No. 769), which said joint resolution and re­ A. R. Hill, reported the same adversely, accompanied by a re­ port were referred to the House Calendar. port (No. 780), which said bill and report were laid on the Mr. HAMILTON, from the Committee on the Territories, to table. which was referred the joint resolution of the Senate ( S. J. Res. 80) providing for a special election in the Territory of Hawail, reported the same without amendment, accompanied by a report CHAi~GE OF REFERENCE. (No. 771), which said joint resolution and report were referred Under clause 2 of Rule XXII, committees were discharged to the Committee of the Whole House on the state of the Union. from the consideration of the following bills, which were re­ Mr. MOON of Pennsylvania, from the Committee on the f erred as follows : Judiciary, to which was referred the bill of the House (H. R. A bill (H. R. 22351) granting a pension to Mary Crawford­ 15812) relating to liens on vessels for repairs, supplies, and Committee on Naval Affairs discharged, and referred to the ·other necessaries, reported the same without amendment, ac­ Committee on Pensions. companied by a report (No. 772), which said bill and report A bill (H. R. 17767) granting a pension to James G. Kuhn­ were referred to the House Calendar. ert-Committee on Invalid Pensions discharged, and referred Mr. DAWSON, from the Committee on Naval Affairs, to which to the Committee on Pensions. was referred the bill of the House (H. R. 22685) to establish a A bill (H. R. 19727) granting an increase of pension to George naval observatory and define its duties, and for other purposes, W. Martin-Committee on Invalid Pensions discharged, and reported the same with amendment, accompanied by a report referred to the Committee on Pensions. (No. 781), which said bill and report were· referred to the Committee of the Whole House on the state of the Union. PUBLIC BILLS, RESOLUTIONS, AND l\1E~IORIALS. REPORTS OF COMMITTEES ON PRIVATE BILLS AND Under clause 3 of Rule XXII, bills, resolutions, and memorials RESOLUTIONS. of the following titles were introduced and se"\"erally referred as follows: Under clause 2 of Rule XIII, private bills were severally By Mr. GORDON: A bill (H. R. 23096) to authorize the Mem­ reported from committees, delivered to the Clerk, and referred phis Telephone Company to construct, maintain, and operate an to the Committee· of the Whole House, as follows: overhead-wire crossing over the Mississippi River between Mem­ Mr. ANSBERRY, from the Committee on Invalid Pensions, phis, Tenn., and West Memphis, in the State of Arkansas-to to which was referred sundry bills of the House, repo~ted in lieu the Committee on Interstate and Foreign Commerce. thereof a bill (H. R. 23095) granting pensions and increase of By Mr. WILEY: A bill (H. R. 23097) to improve the status pensions to certain soldiers and sailors of the civil war and and efficiency of dental surgeons in the United States Army-to certain widows and dependent relatives of such soldiers and the Committee on Military Affairs. sailors, accompanied by a report (No.·768), which said bill and By Mr. TOU VELLE: A bill (H. R. 23098) prohibiting the report were referred to the Private Calendar. printing of certain matter on stamped envelope and the sale Mr. MILLER of Minnesota, from the Committee on Indian thereof-to the Committee on the Post-Office and Post-Roads. Affairs, to which was referred the bill of the Senate (S. 5787) By Mr. GILLESPIE: A bill (H. R. 23099) to increase the authorizing the Secretary of the Interior to make allotment to appropriation for a public building at Cleburne, Tex.-to the Frank H. Pequette, reported the same with amendment, accom­ Committee on Public Buildings and Grounds. panied by a report (No. 770), which said bill and report were By Mr. RANDELL of Texas: A bill (H. R. 23100) to increase referred to the Private Calendar. the appropriation for erecting a post-office building in Denison, Mr. TIRRELL, from the Committee on Claims, to which was Tex.-to the Committee on Public Buildings and Grounds. referred the bill of the House (H. R. 5453) for the relief of the By 1\fr. LANGLEY: A bill (H. R. 23101) to establish in the legal representatives of M. N. Swofford, deceased, reported the Department of Agriculture a bureau to be known as the bureau same without amendment, accompanied by a report (No. 773), of public highways, and to provide for national aid in the .im· which said bill and report were referred to the Private Calendar. proYement of the public roads-to the Committee on Agricul­ ture. By l\fr. OLMSTED: A bill (H. R. 23102) to provide for the ADVERSE REPORTS. enlargement and improvement of the public building at Har­ Under clause 2 of Rule XIII, adverse reports were delivered risburg, in the State of Pennsylvania-to the Committee on to the Clerk and laid on the table, as follows : Public Buildings and Grounds. Mr. LINDBERGH, from the Committee on Claims, to which By Mr. GARDNER of Massachusetts: A bill (H. R. 23103) to was referred the bill of the House (H. R. 980) to permit the provide suitable medals for the officers and crew of the United payment to T. J. Larkin, as administrator, of the pension money States vessel of war Kearsarge-to the Committee on ·Naval due Eugene Finnegan, reported the same adversely, accom­ Affairs. panied by a report (No. 774), which saia bill and report were By Mr. EDWARDS of Kentucky : A bill (H. R. 23104) for laid on the table. the· erection of a public building in the city of 1\Iiddlesboro, Mr. PRINCE, from the Committee on Claims, to which was re­ Ky.-to the Committee on Public Buildings and Grounds. ferred the bill of the House (H. R. 2022) to provide for payment By Mr. BURLEIGH: A bill (H. R. 23105) for the acquisition of the claims of the Roman Catholic Church in Porto Rico, re­ of a site and the erection of a public building thereon at Gardi­ ported the same ad"Versely, accompanied by a report (No. 775), ner, Me.-to the Committee on Public Buildings and Grounds. · which said bill and report were laid on the table. By Mr. LAFEAN: A bill (H. R. 23106) to prevent the manu­ He also, from the same committee, to which was referred the facture or use of dishonest or fraudulent weighing or measuring bill of the House (H. R. 4477) for the relief of Joseph Hunter, appliances in commercial transactions-to the Committee on reported the same adversely, accompanied by a report (No. Coinage, Weights, and Measures. 776), which said bill and report were laid on the table. By Mr. COOPER of Pennsylvania: Resolution (H. Res. 499) Mr. GILL of Missouri, from the Committee on Claims, to providing for a messenger in the enrolling rQom-to the Com­ whlch was referred the bill of the House (H. R. 12190) for the mittee on Accounts. 1910. CONGRESSIONAL RECORD-HOUSE.

PRIVATE BILLS AND RESOLUTIONS. By Mr. FLOYD' of Arkansas: A bill (H. R. 23137) granting an increase of pension to Harvey D. Washburn-to the Com­ Under clause 1 of Rule XXII, private bills and resolutions of mittee. on Invalid Pensions. · the following titles were introduced and severally referred as By Mr. FORDNEY: A bill (H. R. 23138) granting an increase follows: of pension to John M. Marietta-to the Committee on Invalid By Mr. ANSBERRY: A bill (H. R. 23107) granting an in­ Pensions. crease of pension to Warren M. Smith-to the Committee on In­ Also, a bill {H. R. 23139) granting a pension to Dell J. Har­ valid Pensions. rington-to the Committee on Pensions. Also, a bill (H. R. 23108) granting an increase of pension to By Mr. PRINCE: A bill (H. R. 23140) for the relief of the James Stafford-to the Committee on Invalid Pensions. holder of a certain District of Columbia board of audit certifi­ By Mr. ASHBROOK: A bill (H. R. 23109) for the relief of cate-to the Committee on the District of Columbia. Rev. Thomas J. Sheppard-to9the Committee on Claims. By Mr. BROWNLOW: A bill (H. R. 23il0) granting an in­ crease of pension to Andrew C. Gray-to the Committee on PETITIONS, ETC. Invalid Pensions. Under clause 1 of Rule XXII, petitions and papers were laid ' Also, a bill (H. R. 23111) granting an increase of pension to on the Clerk's desk and referred as follows : James R. Kelly-to the Committee on Invalid Pensions. By the SPEAKER: Petition of Oliver Blackwood and 53 Also, a bill (H. R. 23112) to remove the charge of desertion others, praying for an appropriation for the construction of a against the record of George Williams-to the Committee on national highway from Detroit to New Orleans-to the Com­ Military A1l'airs. mittee on Agriculture. By Mr. BURLEIGH: A bill (H. R. 23113) granting an in­ Also, petitions of Fritz Otter, of Addicks, Tex.; Farmers' Co­ crease ef pension to James L. Knowlton-to the Committee on operative and Educational Union, of Percy, Ill.; and C. E. Reese Invalid Pensions~ and 25 others, of Grit, Tex., praying for legislation to prevent By Mr. CALDER: A bill (H. R. 23114) granting an increase speculation in farm products-to the Committee on Agriculture. of pension to Alexander H. Britton-to the Committee on In­ Also, petition of Union League Club, of New York, praying valid Pensions. for laws that will secure a better class of immigrants-to the By Mr. CANNON: A bill (H. R. 23115) for the relief of Committee on Im.migration and Naturalization. George W. Hollowell-to the Committee on Military Affairs. Also, petition of California State Society of the Sons of the Also, a bill ( H. R. 23116) for the relief of Thomas Riley-to American Revolution, praying for the retention of the Division the Committee on Military Affairs. of Information in the Bureau of Immigration and Naturaliza­ Also, a bill (H. R. 23117) granting an increase of pension to tion-to the Committee on Immigration and Naturalization. Leon Crampton-to the Committee on Invalid Pensions. Also, petition of National Association of Live Stock Breeders, By Mr. CANTRILL: A bill (H. R. 23118) granting an in­ Raisers, and ShipI)ers, protesting against legislation restrictive crease of pension to George W. Bruce-to the Committee on In­ of immigration-to the Committee on Immigration and Natu­ valid Pensions. ralization. · By Mr. CARLIN: A bill (H. R. 23119) to correct the military Also, petition ·of certain ex-slaves of Lutcher, La., praying for record of Charles C. Serrin-to the Committee on Military M­ aid to enable them to subsist in their old age-to the Committee fairs. on .Military Affairs. By Mr. COWLES: A bUl (H. R. 23120) granting an increase Also, petitions of Jersey City Council of the Knights -of Co­ of pension to Alfred Yates-to the Committee on Invalid Pen­ lumbus and Council No. 259, Sons and Daughters of Justice, sions. praying for more liberal rates of postage on fraternal publica­ By Mr. CULLOP: A bill. (H. R. 23121) granting an in~rease tions-to the Committee on the Post-Office and Post-Roads. of pension to John R. Lane-to the Committee on Invalid Pen­ Also, petition of Illinois Division of the Farmers' Cooperative sions. Union, praying for the establishment of a parcels post-to the By Mr. DICKINSON: A bill (H. R. 23122) granting an in­ Committee on the Post-Office and Post-Roads. crease of pension to James F. Allen-to the Committee on In­ Also, petition of ·Pilgrim Publicity Association, of Boston, valid Pensions. Mass., protesting against an increase in postal rates on maga­ By Mr. FAIRCIDLD: A bill (H. R. 23123) for the relief of zines-to the Committee on the Post-Office and Post-Roads. Peter S. Clark-to the Committee on Military Affairs. Also, petition Fred. E. Jordan and 27 other citizens of Mid­ By Mr. FITZGERALD: A bill (H. R . 23124) for the relief of dleton, Idaho, protesting against the establishment of the postal James C. Slaght-to the Committee on War Claims. savings bank-to the Committee on the Post-Office and Post­ By Mr. FOWLER: A bill (H. R. 23125) granting a pension Roads. to Kate E. B. Macconnell-to the Committee on Invalid Pen­ Also, petition of Bladen County Farmers' Union, of Guyton, sions. N. 0., praying for the establishment of a parcels post and postal savings bank-to the Committee on the Post-Office and Post­ By Mr. HOWELL of New Jersey: A bill (H. R. 23126) grant­ Roads. ing an increase of pension to James M. Ayres-to the Committee Also, petition of Democratic territorial central committee of on Invalid Pensions. the Territory of Hawaii, protesting against special legislation By Mr. KENNEDY of Iowa: A bill (H. R. 23127) for the re­ to prohibit the liquor traffic in Hawaii-to the Committee on lief of William Stecker-to the Committee on Military Affairs. the Judiciary. By Mr. MALBY: A bill {H. R. 23128) granting a pension to Also, petition of Cincinnati Chamber of Commerce and Mer­ Thomas Bush-to the Committee on Invalid Pensions. chants' Exchange, praying for the privilege of using the waters Also a bill (H. R. 23129) granting a pension to Amanda M. from the pools of the Kanawha River for the floating of coal­ Selleck-to the Committee on Invalid Pensions. to the Committee on Rivers and Harbors. Also, a bill {H. R. 23130) for the relief of Stephen Charter­ Also, petition of Baltimore Typographical Union, No. 12, to the Committee on Military A:ffairs. praying for an investigation into the causes of high prices-to By Mr. MANN: A blll {H. R. 23131) granting a pension to the Committee on Rules. Percy Kinzie-to the Committee on Pensions. Also, petition of Chattanooga (Tenn.) Manufacturers' Asso­ By Mr. POI~'DEXTER (by request) : A bill (H. R. 23132) ciation, praying for legislation to encourage the American mer­ to amend the military record of John T. Fitzgerald-to the Com­ chant marine-to the Committee on the Merchant Marine and mittee on Military Affairs. Fisheries. By Mr. THOMAS of Kentucky: A bill (H. R. 23133) for Also, petition of Arthur W. Olsen and 28 others, protesting the relief of Morton B. W. Camp-to the Committee on War against legislation to check the work of amateurs in wireless Claims. telegraphy-to the Committee on the Merchant Marine and Fisheries. · By Mr. T1LSON: A bill (H. R. 23134) granting an increase of pension Louis R. McDonough-to the Committee on In­ Also, petition of ·Porto Rican Latin Colony, praying for legis­ to lation conferring citizenship upon Porto Ricans-to the Com­ valid Pensions. mittee on Insular Affairs. By Mr. TOU VELLE: A bill (H. R. 23135) granting an in­ Also, petition of Appalachian Mountain Club, of Boston. crease of pension to Charles M. Peterson-to the Committee Mass., praying for recognition of the discovery of the Nor.th on Invalid Pensions. Pole by Commander Peary-to the Committee on Naval Ai!airs. By Mr. WANGER: A bill (H. R. 23136) granting an increase Also, petition of Downtown Taxpayers' Association of New of pension to Emma L. Spear-to the Committee on Invalid York City, praying for the passage of the so-called "eight-hour Pensions. bill "-to the Committee on Labor.

XLV--205 CONGRESSIONAL :RECORD-. HOUSE. MARCH 16,

.Also, p~tion of l\frs, Hattie .E. Rich and as others. o~ Sfiu­ By Mr. C,ALDER: J?etition of New York _Board of Trade and shan" N. Y.,, praying for an amendment to the C~s~tution to Transportation, against the Moon .anti-injunction bill (H. R. permit women to vote-to the Committee .on the .Judiciary. 21334)-to the Committee on -the Judiciary. Also, petition -0f J. B. Colllngwoof citizens of Ru ian-Polish extrac­ ciary. tion, -0f Bondsville, Mass. ; of Wil!Din~ton, Del;; ~ o~ Cre~k­ By Mr. CONRY : Petition <>f .execative council of Porto Rico, sidP Pa. p.rotesting against legislation making lIDIIllgration favoring amendment to Porto Rican law as follows: That con­ mo~ diflicult-to the Committee r0n Immigration and Naturali­ trol of franchises and granting of .same remain with insular zation, senate-to the Committee -0n lnsular .Affairs. Also, petition n the CommitOOe on Immigrati-0n mid Naturalization. · Int.erstate ::and Foreign Commerce. . By Mr. AJ,EJXANDER of New York: Petition :of Marine Also, petition of New York Board of Trade and Transporta­ Cooks and Stewards' Union of the Great Lakes, for Hoose :bill tion, .favGrlng amendment to strike out the publicity dause, 11193 .and .Senate bill 6155, to amend laws relative t-0 American paragraph 6 of section 38 <>f the act <>f August 5, 1909, in con­ se.amen, t& ;prevent undermanni.Bg and unskilled manning o1 nection with the special excise tax on corporations-to the Com­ American vessels, and to encourage training of boys in the mer­ mittee on Ways and Means. chant maTine-to the ·Committee on the Merchant Marine an~ By Mr. DANIEL A. DRISOOLL: Petition of Chamber of Fisheries. Commerce and Manufacturers' Club of Buffalo, N. Y., -against Also, petitions of Chamber of Commerce and ManufactuTerS' the Moon mjunction bill (H. R. 21334)-to the Committee on Club-0f .Buffalo~ RY., against Moon bill (H. R..21334), to regu­ the Judiciary. the late granting of injunctions-to the Connnittee on Judiciary. By Mr. DUREY! Petition -of Amsterdam Chapter, Daughters By ~ ANDERSON: Petiti1>n of Harry J. Carl, 738 East Mansfield street, Bucyrus, Ohio, and others, for the eight-hour of the American Revolution, for retention of the Division of In­ f<>rmati.on in the Bureau of Immigration and Natu:ralization­ law on government works-to the Committee on Labor. to the Committee .on Immigration and Naturalization, .Also., paper to accompany bill ior relief of .Jasper D> Daley­ Also, petition of New York Board of Trade and Transporta­ to the Committee on Invalid Pensions. tion, 'Opposing House b11l 1-7536, to .extend jur.isdictlon a! Inter­ By Mr. ANDRUS: -Petition of New York Board of Trade and state Commeree Commission 'Over water transport.ation lines­ Transportation, .against the .Moon bill (H. R .. 21334,-to the to the Committee on Interstate and Foreign Dommerce. Committee on the Judiciary. · .Also, petition of New York Board ·of Trade and Transporta­ Also, petition ef New Y-0rk Board -0f Trade and Transporta­ tion., against the publlcity feattire in the cor_pora.tic>n-tax Jaw, tion, against publicity feature of the corpo~ation-tax IJ.aw-to etc.-to the Committee -0n Way.a and Means. the Committee -0n Ways and Means. Also, petition 'of New York Board of Trade and TransporJ:a­ .Also, petition .of New Y-0i:k Board of Trade and ·Transporta­ tion, against the Moon bfil (H. R. 21334) against injnnctions-· tion. against placing water lines nnder Interstate Commerce to the Committee on the ~udicia.ry. Commission (H. R. 17536)-to the Committee-on Jntel"state and By Mr. FASSETT: Petition of Baron St-e.uben Chapter. Daugh­ Foreign Commerce. ters of the American Revolnti-0n, of Bath, N. Y ., for retention By .Mr. ASHBROOK: Paper to aeeompany bill for m.-elief -0t of Division of Information of the Bureau of Immigration and William Mitchell-to the Committee on Invalid Pensions. Naturalization in the Department of Commerce and Labor-to _ Also, petition .of J. W. Goodin, seere.tary Chapter No. 130, the Committee on Immigration and Naturalization. American Insurance Unio~ of Oosh-0cton, Ohio, Jacob Walters, By Mr. FLOYD of Arkansas: Paper to nccompany blll for of Canal Dover, Ohio; H. J. Ortt, Df New.comerstown, Ohi-0; relief of Harvey D. Washburn-to the COmmittee -on Invalid and Newark ·chapter, No. 24, American Insurance Union, of Pensions. Newar14 .Ohi-0, in opposition to the proposed increased rate .of postage on periodicals-to the Committee on the Post-Office .and Also, paper to ·accompariy ·bm for relief of Oliver Shaw-to P-0st-Roads. the Committee -0n Invalid Pensions. By Mr. BURKE of South Dakota: Petition of South Dalmta By Mr. FOWLER: Petition of Unity Commandery•. No. _3, Woman's Christian Temperance Union, for the McCumber-Tir­ Knights 01'. Pythias, of Elizabeth, N. J., against the Dick bill r~ bill and other kffi:<'4"ed bills ot. a moral impOl't-to the Com­ (S. 1712)-to the Committee on Military Affairs. mittee on ·Alcoholic Liquor Traffic. Also, petition of Advance Council, No. 104, Loyal Association, By Mr. .BURLEIGH: Petition -0f Brunswick Post, No. 41, of Rahway, N. J., in support of House bill 17543, relative to Grand Army of the Republic, against placing the .statue of Lee advertisements in magazines of fraternal orders-to the Com­ in the Capitol-to the Oommittee on the Library. . mittee on the Post-Office and Post-Roads. B.Y Mr. BYRNS: ~aper to accompan,y bill fo.r relief of George. Also, petition' of Grupa ·301, Zwiazku Narodowego, Polskieg.o, W. Martin-pr-e.vionsly referred .to the Committee t0n Invalid of Elizabeth, N. J., against the Hayes immigr.a Uon bill-to the Pensions, reference changed to the Committee on Pensions. Committee on Immigration and Naturalization. 1910. CONGRESSIONAL RECORD-HOUSE. 3267

By Mr. FULLER: Petition of numerous citizens of Rock- By Mr. LAFEAN: Petition of National Slack Cooperage Man- ford, Ill., favoring the passage of the Gardner bill (H. R. 15441) ufacturers' Association, for amendment of third paragraph of for eight-hour law on government work-to the Committee on section 2 of House bill 16919, the Lafean apple-package bill, to Labor. make size of barrel more specific-to the Committee on Agri- Also, petition of Farmers' National Congress, in favor of the culture. establishment of a parcels post, etc.-to the Committee on the By Mr. McKINNEY: Petitions of citizens of Moline, East Post-Office and Post-Roads. Moline, Rock Island, Silvis, and Watertown, Ill., for an eight- By Mr. GARDNER of l\Iassachusetts: Petition of Chamber of hour day on government works-to the Committee on Labor. Commerce of Boston, Mass., favoring Senate bill 6737-to the By Mr. MALBY: Petition of New York Board of Trade and Committee on Interstate and Foreign Commerce. Transportation, against ·the Moon bill (H. R. 21334), to prevent By Mr. GOULDEN: Petition of New York Board of Trade issuance of injunction and restraining order-to the Committee nnd Transportation, protesting against House bill 17536-to the on the Judiciary. Committee on Interstate and Foreign Commerce. Also, petition of New York Board of Trade and Transporta- Also, petition protesting against publicity feature of the cor- tion, against Senate bill 5106 and House bill 17536, that all poration bill-to the Committee on Way~ and Means. steamship lines having rail ·connections with rail-and-water Also, petition protesting against House bill 21334, the Moon routes shall be subject to the interstate-commerce Jaw with ref- bill-to the Committee on the Judiciary. erence to their port-to-port traffic-to the Committee on Inter- By Mr. HANNA: Petition of citizens of Souris, N. Dak., state and Foreign Commerce. against any parcels-post law-to the Committee on the Post- Also, petition of New York Board of Trade and Transporta- Office and Post-Roads. tion, opposing publicity feature of the corporation-tax law-to By Mr. HARRISON: Petition of New York Board of Trade the Committee on Ways and Means. and Transportation, protesting against House bill 21334, the Also, papers to accompany bills for relief of Amanda M. Sel­ Moon bill, on injunctions and restraining orders-to the Com- leek and Thomas Bust-to the Committee on Invalid Pensions. mittee on the Judiciary. Also, paper to accompany bill for relief of Stephen Charter- By Mr. HAYES: Petition of Robert Scholz and 24 other farm- to the Committee on Military Affairs. ers of Santa Clara County, Cal., urging legislation eliminating By Mr. OLDFIELD: Paper to accompany bill for relief of gambling in farm products by boards of trade, exchanges, and Harry G. Brandenburg-to the Committee on Pensions. other speculators-to the Committee on Agriculture. By Mr. OLMSTED: Petition of Keystone Council, No. 111, Also, petition of W. S. Martin, secretary, and 19 other mem- Loyal Association, of Steelton, Pa., for House bill 17543-to the bers of Casters and Modelers' Union, No. 1, of San Francisco, Committee on the Post-Office and Post-Roads. Cal., protesting against the immigration of Asiatics, except mer- By Mr. PAYNE: Paper to accompany bill for relief of chants, students, and travelers-to the Committee on Foreign Thomas Scott-to the Committee on Invalid Pensions. Affairs. Also, petition of Auburn Central Labor Union, favoring an Also, petitions of J. J. Carroll and W. 0. Zahn, of San Fran- eight-hour law on government works-to the Committee on cisco, Cal., favoring an eight-hour workday on all work done for Labor. the Government by contract or subcontract_._to the Committee Also, petition of New York Board of Trade and Transporta- on Labor. tion, against the Moon bill (H. R. 21334), relative to injunc- By Mr. HEALD: Petition of Christian Endeavor Society of tions-to the Committee on the Judiciary. Olivet Presbyterian Church, of Wilmington, Del., for abolition By Mr. POINDEXTER: Petition of l\Ien's Sunday Club, of of the liquor traffic in the District of Columbia-to the Com- Spokane, Wash., favoring an exposition to celebrate emancipa- mittee on the District of Columbia. tion-to the Committee on Industrial Arts and Expositions. By Mr. HENRY of Connecticut: Petition of Ruth Wyllys Also, petition of governors of Oregon and Washington, for Chapter, Daughters of the American Revolution, of Hartford, resolution allowing Oregon and Washington to settle boundary Conn., against repeal of section 40 of the immigration act of line-to the Committee on the Judiciary. 1907, for retention of the Division of Information, etc.-to the By Mr. RA1'TDELL of Texas : Papers to accompany bills for Committee on Immigration and Naturalization. relief of Ed. D. Steger and J. E. Labatte-to the Committee on By Mr. HIGGINS: Petition of Connecticut State Conference War Claims. of Charities and Corrections, favoring House bill 3654, for chil- By Mr. REEDER: Petition of citizens of Kansas, for legisla­ dren's bureau-to the Committee on Expenditures in the In- tion to prevent shipment of intoxicants into prohibition States- terior Department. to the Committee on Alcoholic Liquor Traffic. Also, petition of the Pootatuck Yacht Club, of Stratford, Conn., By Mr. ROBERTS: Petition of Boston Chamber of Commerce, against House bill 6865, relative to inspection of vessels-to the approving Senate bill 6737, relative to authority of Interstate Committee on the Merchant Marine and Fisheries. Commerce Commission to regulate commerce-to the Committee Also, petition of Connecticut Hardware Association, favoring on Interstate and Foreign Commerce. 1-cent postal rates on first-class matter-to the Committee on By Mr. ROBINSON: Paper to accompany bill for relief of the Post-Office and Post-Roads. Thomas S. Garin-to the Committee on Pensions. By Mr. HOBSON: Petition of citizens of Hawaii, for enact- By Mr. SHEFFIELD: Petition of A.retie (R. I.) Branch, ment of homestead legislation for the Territory of Hawaii-to Ko. 100, Society of French-Canadian AI·tisans, for House bill the Committee on the Territories. 17509, relative to fraternal publications as second-class mail By Mr. HOWELL of New Jersey: Petition of painters, dee- matter, and against any increase on second-class matter-to the orators, and paper hangers of New York, opposing further re- Committee on the Post-Office and Post-Roads. striction of immigration-to the Committee on Immigration By Mr. SLAYDEN: Petition of citizens of Bexar and Comal and Naturalization. counties, Tex., against a. parcels-post bill-to the Committee on By Mr. HUBBARD of West Virginia: Petition of presidents the Post-Office and Post-Roads. of the various banks o:( Wheeling, W. Va., against a postal By Mr. TOU VELLE: Petition of Lima Chapter, Daughters savings-bank law-to the Committee on the Post-Office and Post- of the American Revolution, of Lima, Ohio, for retention of Divi­ Roads. sion of Information of the Bureau of Immigration and Natu- By Mr. HUMPHREY of Washington: Petition of citizens of I ralization in the Department of Commerce and Labor-to the Washington, for an eight-hour law-to the Committee on Labor. Committee on Immigration and Naturalization. By Mr. KELIHER: Petition of Boston Chamber of Com- By Mr. WEISSE: Petition of Porto Rico Horticultural Soci- merce, advocating passage of Senate bill 6737, amending an act ety, against abridgment of jurisdiction of the United States regulating commerce-to the Committee on Interstate and For- court for Porto Rico--to the Committee on Insular Affairs. eign Commerce. Also, petition of citizens of Wisconsin, against any change in Also petition of General Benjamin Lincoln Chapter Daugh- the oleomargarine law-to the Committee on Agriculture. ters of the American Revolution, of East Boston, Mas~.• for re- By Mr. WOOD of New' Jersey: Petition of Colonel Lowry tention of Division of Information in the Bureau of Immigra- Chapter, Daughters of the American Revolution, of Flemington, tion and Naturalization in the Department of Commerce and N. J., for retention of the Bureau of Information relative to Labor-to the Committee on Immigration and Naturalization. immigration-to the Committee on Immigration and Natural- By Mr. KNAPP: Petition of citizens of the Twenty-eighth izationr Congressional District of New York, for House bill 18682, for By Mr. YOUNG of New· York: Petition of New York Board better security of lives of passengers ·and crews of United of Trade and Transportation, against the publicity feature in States vessels-to the Committee on the Merchant Marine and the corporation-tax law, etc.-to the Committee on Ways and Fisheries. Means,