4770 OONGRESSION AL RECORD-SENATE . APRIL 15,
The House is ne\cr the sum of the incli\iduals who compose He has passed on quickly from among us into the shadows it; it is in its aggregntc something more, something less, and where for each of us a grave is hidclen. From out the dark something quite difi'erent. It ~cems at times ns elemental in there comes to us no guiding cry. Yet from somewhere in the its emotional equipment as a chlld, as quick in its reactions, as silences, the silences thnt lie between the quick and the port of New York. giving, so fnr ns is prncticnb1e. the wbolc Yil1e, Cal., remoustrating agninst any re MA.llCH 12, 1Dl2. He also presented a petition of the Chamber of Commerce of The senate returned the concurrent r esolution in relation to the im Buffalo, N. Y., praying that an appropriation be made for the provement of Lake Champlain Inlet, with a message that · they have concurreft in the passage of the same without amendment. impro,ement of the channel at that city, which was referred to the Committee on Commerce. I, Fred W. Hammond, clerk of the assembly, do hereby certify that He also presented a memorial of sundry employees of tho the foregoing is a true copy of said resolution, and of the whole thereof WarwiCk Knife Co., of Warwick, N. Y., remonstrating against as continued in the journals of proceedings of said dates. In witness whereof I have hereunto set my hand this 1Gth day of any reduction of the duty on pens and pocket cutlery, which March, l!H2. was referred to the Committee on Finance. FRF.D w. Il.AMllOXD, He also presented petitions of the Allied Boards of Trude and Clerk of the Assembly. Taxpayers' Association of Brooklyn; of the Twenty-eighth Mr. O'GORMAN. I present a resolution adopted by the Sen Ward Taxpayers' Protective Association, of Brooklyn; and ate of the State of New York, which I ask may be printed in the of sundry citizens of New York City, all in the State of IlECORD and referred to the Committee on Naval Mairs. New York, praying for the enactment of legislation authorizing The resolution was referred to the Committee on Naval the building of one of the proposed new battleships in the Affairs and ordered to be printed in the RECORD, as follows: Brooklyn Na\y Yard, which were referred to the Committee on STATE OF 'EW YonK (I~ SE:iATE), Naval Affairs. Albany, March 1J, 1912. 1\Ir. FLETCHER presented petitions of sundry citizens of R esoli:ed, That this, the Senate of the State of New York, respect l\1ascotte, Gro,eland, Albert, l\1able, and Richlan BILLS INTRODUCED. By Mr. BOURNE : Bills were introduced, rend the first time, and, by unanimous A bill (S. 6368) for the relief of J ohn W. Hagan (with accom . consent, the second time, and referred as -follows: panying paper) ; to the Committee on Military Affairs. By Mr. WATSON : AMENDMENTS TO RIVER AND HARilOR IlILL (H. R. 21477) . A bill ( S. 6341) to provide for the erection of a public build Mr. ·OLIVER submitted an amendment proposing to appro ing at Weston, W. Va.; and priate $G,OOO for a preliminary investigation into a sysfem of A bill ( S. 6342) to provide for the erection of a public build impounding reservoirs at the headwaters of the Allegheny, ing at Bucklmnnon, W. Va. ; to the Committee on Public B-uild l\fonongahela, and Ohio Ri1ers, etc., intended to be proposed by ings and Grounds. him to the river and harbor !lppropriation bill, which was A bill (S. G343) granting an increase of pension to George W. referred to the Committee on Commerce and ordered to be Wines (with accompanying paper) ; prin~Q · A bill (S. 6344) granting a pension to Nell H . Collins (with l\fr. FLETCHER submitted an amendment pro1iding for the accompanying paper) ; and ~urvey of Charlotte Harbor, Fla., etc., intended to be proposed A bill ( S. 6345) granting an increase of pension to Renhard by him to the river and harbor appropriation bill, which was Ilal>ig; to the Committee on Pensions. rGferred to the Committee on Commerce and ordered to be By Mr. TOWNSEND: printed. A bill ( S. 6-346) granting a pension to Ambrose A. Link (with Mr. PENROSE submitted an amendment proposing to appro accom11anying paper) ; :md . priate $8,200 for dredging Big Iillk River, Elkton, 1\Id., intended A bill (S. 6347) granting a pension to Iill1en Fyanes (with to be provosed by him to the river and harbor appropriation accompanying papers) ; to the Committee on Pensions. bill, which was referred to the Committee on Commerce and By Mr. CRAWFORD : ordered ·to be printed. A bill (S. 6348) granting an increase of pension to Byron F. Nutten (with accompanying papers) ; and AMENDMENTS TO APPROPRIATION BILLS. A bill ( S. G34D) gran ting an increase of pension to John H . l\fr. NELSON submitted an amendment authorizing the Sec Kingsley (with accompanying paper) ; to the Committee on retary of War to lease such surplus water pertaining to the Pensions. military reserYntion of Schofield Barracks, island of Oahu, Ter By Mr. BRANDEGEE : ritory of Hawaii, etc., intended to be proposed by him to the , A bill ( S. G350) granting an increase of pension to J oseph sundry civil appropriation bill, which was referred to the Com Casavant; mittee on Appropriations and ordered to be printed. A bill ( S. 6351) granting an increase of pension to .Anastasia Mr. WARREN submitted an amendment proposing to increase Corcoran; and the ai1propriation for support and education of 175 Indian A bill (S. 6352) granting an increase of pension to Josephine pupils at the Indian school, Shoshone Reservation, Wyo., and F. Chester; to the Committee on Pensions. for pay of superintendent, from $31,025 to ·$32,500, etc., intended By Mr. OLIVER : to be proposed by him to the Indian appropriation bill (H. R. A bill ( S. G3G3) granting an increase of pension to Mary 20728), which was referred to the Committee on Indian Affairs Ann Burns (with accompanying papers); to the Committee and ordered to be printed. on Pensions. Mr. OWEN submitted llil amendment relative to the expendi By Mr. RAYNER: ture of the tribal funds belonging to the Five Civilized Tribes A bill ( S. 6354) to perpetuate and preserve Fort ,McHenry during the fiscal year ending June 30, 1013, etc., intended to be and the grounds connected therewith as a Government reserva proposed by him to the Indian appropriation bill (H. R. 20728), ... tion under the conh·ol of the Secretary of War and to authorize which was referred to the Committee on Indian Affairs and its partial use as a museum of historic relics ; to the Committee ordered to be printed. on Military Affairs. OMNIBUS CLAIMS IlILL. By Mr. STONE : A bi11 ( S. 63G5) for the relief of the trustees of the Methodist l\ir. STONE submitted an amendment intended to be proposed Episcopal Church South, of De Soto, Mo.; to the Committee on by him to the bill (H. R. 19115) making appropriations for pay Claims. ment of certain claims in accordance with the findings of the A bill ( S. 6356) granting an increase of pension to Frealing Court of Claims reported under the provisions of the acts ap Walker (with accompanying paper) ; to the Committee on proved 1\Iarch 3, 1883, and 1\Iarch 3, 1887, commonly known as Pensions. the Bowman and Tucker Acts, which was referred to the Com By Mr. GUGGENHEIM: mittee on Claims and ordered to be prfated. A bill ( S. 6357) appropriating $7,500, to be used by the Forest WITHDRAW AL OF P .APERS-J AMES E . SMITH. Service in the construction of a highway to connect Cottonwood On motion of l\Ir. OLIVER, it was Lakes, in Battlement National Forest, with a system of roads Ordered, That the papers in the case of James EJ. Smith (S. 4530), now being consh·ucted in Plateau Valley, Colo., b~ the State SixJ;ieth Congress, be withdrawn from the files of the Senate, no ad of Colorado and the citizens of l\1esa County, in that State; to verse report having been made thereon. the Committee on Agriculture and Forestry. THE AMERICAN TOD.ACCO CO. A bill (S. 6358) for the relief of the heirs of Edward H. The VIC]) PRESIDENT. The morning business is closeQ Chamberlain, deceased (with accompanying papers) ; to the Mr. CUl\11\HNS. I ask that the Senate take up for considera _Committee on Claims. · tion Senate bill 3607. By Mr. CATRON: The VICE PRESIDENT. The bill wiJl be stated by title. A bill ( S. G359) to provide for the purchase of a site and for The SECRETARY. A l>ill ( S. 3607) to give the right of appeal the erection of a public building thereon at Socorro, N. 1\Iex.; to to the Supreme Court of the United States to certain organiza the Committee on Public Buildings and Grounds. tions or persons in the suit of the United States against the A bill (S. 6360) granting a pension to Dale C. Cook; American Tobacco Co. and others. A bill ( S. 6361) granting ·a pension to Gus M. Brass, jr. ; The VICE PRESIDENT. Without objection, the bill is A bill ( S. 6362 ) granting a pension to Lottie Syzmanski; and before the Senate as in Committee of the Whole. A bill ( S. 6BG3) granting an increase of pension to Ella G. l\fr. CUMMINS. :Mr. President, during the debate on Satur r:timoney; to the Committee on Pensions. day I wa s asked by the Senator from Idaho [l\fr. BORAH] in By Mr. POINDIDXTER: what manner ancl to what extent the circuit court in New York .A bill ( S. G364) to wafrn the age limit for admission to the had appro1cd or adjudicated the plan of reorganization. In Pay Corps of the United States Navy for two years in the case the hurry of the moment, I omitted to read one pnragra11h of of Paymaster's Clerk Archy W. Barnes; to the Committee on the decree which reflects much light upon the subject of that Na1al Affairs. inquiry, and I beg now to read it: By Mr. GORE:. This court having heard the parties as directed by the Supr eme A bill (S. 6-365 ) amomling tlle statutes relating to patents; Court of the United States. it is further ascertained and determine<] and ordered, adjudged, and decr eed that said plan hereinbefore set forth to the Committee on Patents. is a plan or method which, taken with tbe injunctive provisions here By Mr. S;\IOO'.r : inafter set forth, will dissolve tbe combina tion heretofore adjudged to A hill ( S. G3G6) regulating the manner of appointing col be illegal in this cause, and will re-create out of the elements now composing it a n ew condition which will be honestly in harmony with, lectors of internal re1enue and otller officials; to the Committee and not repugnant to, the law, and without unnecessary injury to the on Fi.nnnce. public or the r ights of private property. By Mr. CLARK of Wyoming : It Is further ordered, adjudged, and decreed , that the said pl:rn as hereinabove set forth be, and it is hereby, approved by this court, and A bill ( S. 6367) to punish the altering or forging of bills of the defendants herein are, respectively, directed to proceed fortllwith lading; to the Committee on the Judiciary. to carry the same into effect. 4774 CONGllESSIONAL RECORD-SEN \.TE. APRIL 15, I do not mnke :my additional comment upon this part of the to appeal, ~ives to the pnrties to the suit wheu a decree bas been decree, because it is almost a repetition of portions which I reudered no vested right iu the immunity from :m appeal. To read on Saturday; but this ex.truct shows clearly that the put it in another wny, in any such case as I ha >e stated it is un circuit court in New York intended to giYP its sanction and its doubted.ly true that Congress can confer upon either party the· appro,·al, and, in so far ns it could, to adjudicate the lawful right to tnke an appeal. even though the time bas expirecl, or, ness of the plan which I ba>e already discussed. to put it more strongly still, even though under ~ 1.e law as it was l\Ir. President, the debate on Saturday developed certain dif when the decree was rendered\ there was no right of a,_.. peal. ferences of opinion with regard to the law of the case; and it This was the decision of the Supreme Court in the case of is to the law of the case that I especially now desire to direct Stephens v. Cherokee Nation, in 174 United States Reports, be my attention. In view of the debate on Saturday I nsk the ginning at page 445. In that case jurisdict_ion had been- given Senators present-'-and I enrnestly hope that they will-to give to the United States court in Oklahoma· or in the Indian Terri me their attention for a few moments, and especially the law tory to hear those who claimed certain lands under the allot vers among them, to a further brief analysis of the law of the ments made by what is ordinarily known as the Dawes Com bill now under consideration. mission. It allowed. parties claiming those lands to bring suits I admit thnt the moment the case is stated instincti>ely we in the United States court for that Territory in order that the\r assume an attitude, if not of opposition, at least an attitude of allotments might be adjudicated and determined by the decree Inquiry. Why? Because the bill is both soecial and retro of the court. The statute which conferred this jurisdiction active. It operates on things clone and a status already createcl. upon the circuit court in the Indian Territory made no pro Such legislath·e action is rarely necessary, and therefore rnrely vision for an appeal; there was no right of appeal to the Su taken. If I have not established the imperati>e need of the preme Court of the United States from any such decree; the legislation, it is useless to go further, for no ordinary circum decree when once rendered was final, and the right of the stances will justify this measure. I desire that admission to be parties in so far as affected by the decree became as vested fully understood. ·Unless there is a high necessity for passing as rights can be under a decree of a court. a special and retroactive measure in order to give the people Congress shortly afterwards passed n law giving to some of of this country the relief which they demand and to which they the parties in these cases the right of appeal, and that was are entitled, then this bill ought not to be passed, for it is both given after the decree was rendered and after any such right retroactive and special. But there have been many instances in might be said to have become vestecl. The constitutionality of times past, taking the · whole history of civilized people into the act was challenged upon the very ground taken by those view, when retroactive and special legislation was absolutely who oppose the validity of the bill now under consideration, essential in order to prevent the most grievoos injustice. and this is what the Supreme Court of the United States said The legislative power of Congress over the subject matter is upon that subject: complete. l\iark that. There is no restriction, there is no limi The contention is that the act of July 1, 18!J8, in extending the tation, upon tile legislative power of Congress over the subject remedy by appeaJ to this court was Invalid because retrospective, nn invasion of the judicial domain, and destructive of vested rights. Ily matter. · Tlle bill relntes to the enforcement of the antitrust law. its terms the act was to operate retrospecti".ely, and as to that it may The antitrust law is founded upon the authority of Congress to be observed that while the general rule is that statutes should be so re~ulate commerce among the States and with foreign nations. construP.d ai:i to give them only a prospective operation, yet where tho language employed expresses a contrary intention in unequivocal terms, Therefore, and so far as the subject matter is concerned, the the mere fact that the legislation is retroactive docs not necessarily authority or the power of Congress is complete and plenary. It render it void. . follows that Congress can perform any legislative act concern And while it is undoubtedly true that legislatures can not set aside the judgments of courts, compel them to grant new trials order the ing this subject that is not forbidden by some other provision of discharge of offenders, or direct what Rteps shall be taKen1 in the the Constitution. progress of a judicial inquiry, the grant of a new remedy by way of re Is there dissent from the proposition that I have just stated, view has been often sustained under particular circumstances. ' that Congress has the authority to perform with respect to Here the Supreme Court cites a number of cases upon which this subject any legislative act not prohibited by some other it relies and then continues: provision in the Constitution of the United States? The United States Court in the Indian Territory is a legisl:itive court and was authorized to exercise jurisdiction in these citizenship Assuming that to be n. sound conclusion, let us again state cases as a part of the machinery devised by Congress in the discharge what this bill proposes to do. It gives to certain persons and of its duties in respect of these Indian tribes, and assuming that Con organizations the right to become parties to a suit in which a gress possesses plenary power of legislation in regard to them- decree has been rendered and then to take the case made by And, of course, no more with regard to those courts than the complainant, the complainant being the United States, act the circuit court of the United States, which is also a creature ing all the while in the public interest and in a public capacity, of Congress- to an appellate tribunal for the purpose of having the decree It follows that the validity of remedial legislation of this sort can reviewed with all the formalities, with all the safeguards, with not be questioned unless in violation of some prohibition of that in strument. all the law that would have been applicable if the United States, In its enactment Congress has not attempted to interfere· in any the complainant, bad taken an appeal. way with the judicial department of the Government, nor can the act Without now considering other provisions of the Constitution be properly regarded as destroying any vested right, since the right asserted to be vested is only the exC'mption of these judgments from with which it has been said the bill is in conflict, it can not be review, and the mere expectation of a share in the public lands and alleged that the bill, if passed, would not be a legislative act. moneys of these tribes, if hereafter distributed, if the applicants arc It is a legisln.tive act, but, nevertheless, it may be repugnant to admitted to citizenship, can not be held to amount to such an ab!'j o lute right o:f property that the original cause of action, which ls citi some part of the Constitution to which I have not referred; and zenship or not, is placed by the judgment of a lower court beyond the to that inquiry I will presently pass. power of reexamination by a higher court though subsequently author The proof that it would be a legislative act, if passed, lies in ized by general law to exercise jurisdiction. this: No one will question that if we were to pass a general l\lr. SUTHERLAND. l\lr. President-- law, prospective in its operation, making just such provision as The VICE PRBSIDENT. Does the Senator from Iowa yield is contained in this bill, that it would be valid. There is noth to the Senator from Utah? ing in the Constitution which prohibits either special legislation Mr.· CUMMINS. Certainly. or retroactive legislation. Sometimes, without very much con l\fr. SUTH:EmLA.ND. The case to which the Senator lrn.s sideration, we assume that because legislation is retroactive, or called attention decides that no vested right is involved be because it is special, therefore it is invalid, but under our Con cause the right which was claimed to be vestecl was a mere stitution it is not so. There are many of the States in the Union expectation to share in certain lands. What would the Senator whose constitutions forbid special legislation upor a subject of say if the title to the lands had actually vested by the decree? this character, but not so with the Constitution of the United Mr. CUMMINS. Mr. President, I think the right to the lands States. If any such act is invalU, it must, therefore, be for did vest by the decree. some other reason. Mr. SUTHERLAND. The Supreme Court seems to consider The objection most relied on is that the time for appeal in the that it did not. case has expired; that the plan approved is in course of execu Mr. CUMMINS. I think, if the Senator from Utah will ex tion, and that rights have been or may have been vested which amine the record, it will be found that so far as the right of n might be, through the appeal, impaired or divested. I beg that particular person to any particular tract of land or a particu Senators will hold that objection in mind while I consider its lar share in the proceeds of lanr1s was concerned, the decree validity and its soundness. was final and there was nothing further to be done, unless Ir will not be contended that. as to the parties at least, this possibly to pass the naked legal title by some formal instru objection is well taken. The Supreme Court cf the United ment. States h::i.s decided positively, without any in:itations, I think, Mr. CURTIS. l\fr. President-- that there is no vested right in an immunity from an appeal; The VICE PRESIDENT. Does the Senator from Iowa yield in other words, the fact that the time has expired for an appeal, to the Senator from Kansas? or the fact that the law gave to neither of the ·parties a right Mr. CUMMINS. I do. 1912. CONGRESSIONAL RECORD-SE1JATE. 4775 Mr. CURTIS. I hud the honor of dr:-nving the net referred They become parties because tl!e Senator must assume tllat to in the case from wilicil the Senator bas quoted. In that they have some interest. Tllereforc-- case the qneRtiou in1olYetl w:is that of the right to enrollment i\Ir. CUi\11\JINS. Just a minute. nnd to 11urticipale in tribal property, renl cstnte, and money. l\fr. l\:IcCUi\1BER. Let me finish the sentence. Therefore it The same question was raised in the committee, ns I recollect, would be an interest to be adjudicntcll that was uot adjudicated as to the validity of that enactment. The position taken by heretofore. me at tllat time was that, it being tribal money and tribal l\Jr. CUMMINS. Mr. President-- property, Conf!;ress bad tile power, having control of the prop Mr. l\IcCUl\IBER. And if that "is not a trial of the case and erty, to enact tllis law to permit people to appeal in questions practically tbe granting of a trial, I do not know what you of citizcnshi1), lJecause the property rights bad not yet passe!l. mean by retrial. Mr. CUMMINS. But w4ateYer may be the form in which the l\Jr. CUMMINS. Possibly the Senator from North Dakota property may Ila Ye av pea red, the decree of tlle court determined was not here Saturday all the while, nrnl therefore he has fallen tile right of those who appealed to a portion of tllat property into an error with respect to the subject he has just men or a vortion of tlle money. There was a great deal nearer tioned. These intervenors come in witllout any interest of approach, as it seems to me, to a \ested rigilt in that case than their own. They have no interest to allege or protect except in tllis. There has been no right vested in tlle case before the the public interest, the 1ery interest that the United States at-· Senate. ·w11ateYer has been done by these corporations since tempted to protect in bringing the suit. They assert no right of the decree bas been voluntarily done, with the assurance Ul)On theirs. They simply assert tlle right of the people of the tllc vart of tlle court thnt, if they did what was here outlinecl, United States. Their interest is in having the antitrust Jaw the court bclicYeu that they would be in harmony with the law enforced according to its letter and its spirit. Therefore there and tllat they woulcl create competitive conditions. is no retriul. They take tllat record exactly as it is, and the Mr. l\fcCU~IBEll. 1\lay I ask the Senator a question right question before the Supreme Court will be, Is the decree wbich here? has been entered by the circuit court in New York a fulfillment 'l'he VICE PRESIDENT. Docs tile Senator from Iowa yield of tlle law and a fulfillment of the opinion of tile Supreme Court to the Senator from Korth Dakota? in a Mr. CUMMINS. If the Senator from Georgia will allow right in any sense. The whole proposition, so far as •ested me-- rights are concerned, is that there is no ycsted right in the Mr. BACON. I am perfectly willing to yield, having raised matter. the question. .Mr. CUMMINS. Mr. President, I may supplement what the l\ir. CUMMINS. I want to ask tha Senator from Utah right Senator from Idaho has just stated by rcrnincling the Senate ther2, when the courts say to a corporation, If you will reor tha_t this property is still in existence. No one proposes to take ganize yourself in a certain way we believe that you will be in a penny from it. Those who represent it, either in tlle way of harmony with the law, and the corporation goes on and reor bonds or stocks, or whate>er other evidences of ownersllip they ganizes itself in that certain way, docs the Senator think that have, still hold the property. There is nothing in this appenl there is any Yested right on the part of anybody who deals that can possibly take from anyone who has become interested with that corporation or any vested right of the corporation in in the property a single penny of his in>estmeDt. The only • any property that it may take under that judicial sanction? thing in question is the relation of the Yarions parts of the The Senator from Utah forgets that this decree do.es not property to each other; whether that cnn be adjmlicateJ ns it award to any company any property. It does not declare that was attempted to be clone by the circuit court, establishing n any of these men, Mr. Duke for instance, shall be the owner status innocence, whether that cnn be said to be a yeste Mr. CUMMINS. 1\Ir. President, I pass now to tbe second ob is the case of Freeborn v. Smith, reported in 69 United States, jection made to the bill by tlle majority of the committee. It second ·wallacc, rw.gc 160. This was n case which arose out of is that tlw bill attempts to confer original jurisdiction upon the state of facts at the time of the admission of Ne1at1n into tile Supreme Court. Of course every lawyer concedes at once the Union. The ::id.mission act failed to provide for the cases that it is not witllin the power of Congress to confer original whicll were on appeal to the Supreme Court of the United jurisdiction upon the Supreme Court; that is to say, that the States. instances mentioned in the Constitution for sucll original ju.ris A ma.n by the name of FreebQrn had obtained a judgment in diction can not be enlarged by Congress. Tllerefore the only the district court below against a man by the name of Smith. point to wllich we ought to give our attention is whether this Of course, when the Territory was admitted as a State into the bill does confer or attempt to confer original jurisdiction upon union, tlle admission act not providing for the keeping alive the court. Wlrn t will be the process if this bill is enacted! of cases which were tllen upon appeal to tile Supreme Court of These people will appear in the circuit court, and thereupon the United States, the appeal died, and the judgment below they will give the notice thnt is required for an appeal to the became final, quite. as much so as the judgment could possibly Suvreruc Court of the United States, and thereupon the record be in any case here, because, without such a provision, it could made in the circuit court of the United States will be certified not have been heard in the Supreme Court. The Supreme to the Supreme Court of the United States; and upon that Court, upon motion to dismiss, intimated that the appeal had record-that is, upon the decree which has been rendered by died and that it could not hear the case, but, in view of the the circuit court-the Supreme Court will pass its judgment. fa.ct that legislation was pending by which the right of appeal It is a contradiction in terms to say that such jurisdiction could be perfected, the Supreme Court retained -it and after is oi-iginal jurisdiction upon the part of the Supreme Court. wards heard it. Tbe provision for this appeal passed Congress The appellate jurisdiction of the Suprel}'.le Court is exercised many months after judgment had become final. When it went when the court below has rendered a final judgment and an to the Supreme Court, attorneys for the parties who were ap11eal is taken from that judgment and the Supreme Court complaining against the right of appeal, said: reviews the judgment entered by the inferior tribunal. This 1 . .As to tho jurisdiction, our position is that the act ts a retro is -very well illustrated in the very latest case in which the spective enactment interfering with vested rights. Supreme Court has referred to this doctrine. It is the case For the reason that the judgment had become final, the right of the Baltimore & Ohio Railroad Co. v. InteJ.•sta.te Commerce of the parties was fixed, and their status was final. Commission ( 215 U. S.). I shall not read very much of it. Certainly it attempts to confer on this court jurisdiction to review It is referred to in the report of the majority of the committee, judgments which, by law, at the time of its passage were final and abso lute. The necessary result of maintaining it would l.Je to disturb and but there is a little of it that indicates -very clearly what orig impair these judgments unsettle what had been previously settled, and inal jurisdiction is, and I have but to read it in order to show compel the parties to litigate anew matters already definitely adjudi its application to the present instance. cated. '.rhere is no higher evidence that rights have vested than a final judgment solemnly confirming them. Law is defined to be a rule of " In the early days of the Government the right of Congress to give conduct; and to call an enactment which undertakes to deal with past original jurisdiction to the Supreme Court in cases not enumerated in tl'ansactions, and subject them to new requirements and conditions as the Constitution was maintained by many jurists, and seems to have tests of their legality, a rule of conduct, is to confound all rational been entertained by the learned judges who decided Todd's case." ideas on the subject. The court had already refii • ll< GGl, GG5; Forgay v. Conrad, G How. 2011 205.) There ls no final It is well settled that where there is no direct constitutional prohibi judgment or decree in this case, Ror any Judicial determination from tion, a State may pass retrospective laws, such as, in their operation, which an appeal would Ile. The Alicia (7 Wall., 571) is in point. In that case it appeared that on the Dth day of J"anuary, 18G3, a may affect suits pending, and give to a party a remedy which he did decree of condemnation had been entered in the district court against not previously possess, or modify an existing remedy, or remove an the .Alicia nnd her cargo for violation of the blockade. From this de impe~iment in the w_.ay of legal pro;eedings. .,, • cree n.n appeal was allowed and taken to the circuit court, :ind on the 18th of l\lay, 18G7, an order was made in that court on the application If the judgment below was erroneous, the plaintiff in error had a of the parties in interest-there being at this time in the circuit court moral right at least to bave it set aside, and the defendant is only no order, judgment, or decree in the case--for the transfer of the claiming a vested right in a wrong judgment. cause to this court under the thirteenth section of the act of June 30, Mr. President, as I said a few moments ago, there could not 18G4, which enacted that prize causes depending in the circuit court be any vested right here unless they claim. tba.t it arose out of mii;ht be so transferred. This court held that the cause was re moved to the circuit court by the appeal from the decree of the district the fact of the peculiar form which this judgment took and thoir court and that that decree wa.s vacated by the appeal, and that the right to·continue to pursue a business under tl1e line marked out circuH court acquired full jurisdiction of the cause and was fully au by that judgment. So far as conferring original jurisdiction thorized to proceed to final hearing and decree. .And Chief J"ustico Chase said (p. 573) : "Nor can it be doubted that under the Consti upon the court is concerned, as the Senator from Iowa h1ts just tution this court can exercise in prize causes appellate Jurisdiction said, it simply removes to the Supreme Court a case which bus only. An~ appellate jurisdiction necessarily implies some Judicial de been tried below, and which the Supreme Court will hear termination, some judgment, decree, or order of an inferior tribunal, from w.b.ich an appeal has been taken. But in this case there bad solely upon an appeal, and not as an exercise of original juris been no such order, judgment, or decree in the circuit court, and there diction. was no sul.Jsisting decree in the district court from which an appeal .l.\fr. BACON. Mr. President, will the Senator from Iowa per"' could be taken. We are obliged to conclude that in the provision for transfer an attempt was inadvertently made to give to this court a mit me to interrupt him? jurisdiction withheld by the Constitution, and, consequently, that the The PRESIDING OFFICER. Does the Senator from Iowa' order of transfer was without effect. The cause is still depending in yield to the Sena.tor from Georgia? the circuit court." · Mr. CUM.;)UNS. I yield. I rend that in order to show the very obvious distinction l\Ir. BACON. I have not the Senator's bill before me, but, as between the appellate jurisdiction of the Supreme Court and the I recall, it docs not propose to vest in the parties named the original jurisdiction of the court. If this decree, final in its right to appeal in the name of the United States, but in their cliaracter-of course final, or there could be no appeal taken own names. Am I correct in that? from it to the Supreme Court-is appealed from, and finds its Mr. CUMMINS. I think the Senator from Georgia is correct. ways to the Supreme Court of the United States, and there the Mr. BACON. Upon that understanding, I want to say to the court passes upon the decree and determines whether it is in Senator that, while I am in perfect sympathy with the purpose harmony with the law and in harmony with its prior opinion, he has in view, I very gra vcly doubt tlle efficacy of the bill if wllo will assert that the Supreme Court is exercising original it should be passed in that sllape; and it is upon tlle ground of rather than appellate jurisdiction? It seems to me that the the constitutional question as to original jurisiliction that my1 objection is without merit. doubt is rested. Mr. BORAH. Mr. President-- The point, as I understand it, is that these parties were not Tl.le PRESIDING OFFICER Does the Senator-from Iowa parties to the suit in the case in the court below; that the yield to the Senator f-rom Idaho? parties in the court below were the Government on one si ,whether the substitution of parties who were not parties to the will never get any relief unless we pass some ·law providihg for record in the court below ancl the bringing up of that case in a review by the Supreme Oour·t. If we make a mistake, we their name alone woulcl not constitute an original case in the are no ·worse off than we were before; but if we allow a doubt Supreme Court, which would be subject to the constitutional to deter us from passing a bill of this sort, then the wrong can · prohibition. That is my trouble. never be corrected, and the evil will ne1er be remeuied. That Mr. CUl\IMINS. Mr. President, I hope that upon reflection, is the reason I covet any suggestions that c::m be made by any the Senator from Georgia will see the case from my point of Senator which have for their end the perfecting of the bill. view. These organizations ancl States and the .Attorney Gen l\Ir. POl\1ERENE. l\fr. President--. . eral are admitted as parties to a case already pending in one Tl.le PRESIDING OFFICER. Docs the Senator from Iowa sense, and they become parties com11lainant in every prpper yield to the Senator from Ohio? sense. They assert only the rights which have been asserted Mr. OUl\11\IINS. I do. by the United States; they have no case of their own as dis 1\lr. POMEREJNEJ. Personally I have no doubt about the right tinguished from the case "for the general or public interest. of Congress to extend the time within which this appeal may be The circuit court in New York has decided the case; it has taken. The Senator from Iowa has suggested u possible donl>t entered a decree in the case, and the appeal that "Would be of the right of Congress to confer upon the interveners the taken by the proposed intervenors would present to the Supreme authority to appeal-- - Court of the United States, not any case for the intervenors MT. CUMMINS. Does the Senator say that I have any doubt • in their own special interest, but it would present the exact about that? case that had been tried by the circuit court; it would present 1\lr. POM:ERENE. I understood the Senator to say that he the decree that has been entered by the circuit court; it would was not entirely free from doubt. challenge the correctness of that decree; and the jurisdiction l\Ir. CUl\11\HNS. The Senator is in error. I ne1er bad a exercised by the Su11reme Court would be to hear and deter doubt about that. mine whether that decree was in harmony an Perkins Simmons Smoot Watson Pomcrene Smilh, Ariz. Sutherland Wetmore The VICE PRESIDENT. Without objection, tbe amendment Rayner Smith, Gn. Thornton Williams is ngreed to. Recd Smith, Md. Tillmllll Works l\lr. LODGB. On line 1D of the snme pnge, after the words Root Smith, Mich. Townsend Shively SmitlJ, S. C. "Dnited Stntes," I move to insert "any Chinese i1erson or Warren uerson of Chinese descent or." Mr. Sl\fITR of Arizonn. I wish to state that my colleague The VICE PRESIDENT. Without o!Jjection, the a ruendruent [Mr. ASHURST] bas just beon called from the Chamber on im- is agreed to. port:mt business. · - Mr. LODGE. On vagc 44, line 12, before the worc.1 "foreign," Mr. JONES. I will stnte that my colleague [1\Ir. PornnEX:TEB] I moYc to strike out tlle word " from " and to i1.1sert the word is lmnT"ojdnl>ly Mr. Sil\filIONS. The bill has not been held up on my account would be able to acqua.int himself with the amendments that for the last two weeks. we have made during that time. l\Ir. LODGE. It is perfectly satisfactory to me to go on with Mr. Il.ACON. Very well; I will not interpose any objection. the bill on Wednesday, and I wm say that without unreason- Mr. CUMl\fINS. Very well. able delny we ought to take it up and dispose of it. . The VICE PRESIDENT. Is there objection to the request Ur. SIUMONS. I will ask the Senator from l\fassachusetts if of the Senator from North Carolina? The Chair hears none there is not some other Senator who would desire to address the and the order is entered. ' Senate on the bill. Mr. CUl\i~HNS. I ask that the bill be reprinted with the Mr. LODGE. I know of no one else who desires to speak on pending amendment in italics and all the amendments a o- reed the bill on this side, as far as the committee is concerned. to in small capitals. . b l\Ir. SE\il\10.1. ~ s. I will ask the Senator, for my information The VICE PRESIDENT. Without objection, it is so ordered. and that of the Senate, if he thinks there would be any difficulty THE STANDARD OIL AND TIIE AMERICAN TOilACCO COS. in securing final action cluring the day Wednesday or Thursday? l\:fr. LODGE. .As far as I am aware there is nothing to prernnt Mr. PO:MERENE. l\lr. President-- our disposing of the bill after the Senator froi:n Vermont has The VICE PRESIDE.NT. Without objection, tlic Chair will spoken. There are amendm ~mts which will ha>e to be disposed lay before the Senate, for the purposes of discussion only, Sen of, but I am not aware of anything that will lead to any pro ate concurrent resolution No. 4, which tlie Secretary will state. tracted debate. The SECRETARY. Senate concurrent resolution No. 4, submitted Mr. SDHlONS. I know of no disposition on this side to b.Y the Senator from Ohio [Mr. PoMERENE] June 1, 1011, a concur further discuss the measure. I think all that is necessary is to rent resolution instructing the Attorney General of the United get the matter before the Sen::i.te, and we can dispose of it very States to prosecute the Stanclard Oil Co. and the .American quickly. Tobacco Co. l\fr. PO ~lERENE. Mr. President, this resolution recites, in l\Ir. LODGE. Very well. Then on Wednesday at the close of substance, that the Supreme Court of the United States has de the routine morning business I will ask the Senate to take up creed that the Standard Oil Co. and its codefendaiits and tlie the bill that the Senator from Vermont may speak upon it, and .American Tobacco Co. and its codefendants, whether corporate I sha11 ask the Senate to dispose of it as soon as possible. or individual, have formed and maintained a combination in re The VICE PRESIDENT. The Chair understands that the straint of trade; that they have conspired to monopolize and Senator from Massachusetts now asks that the bill be reprinted have monopolized a substantial part of the commerce among the in the form in which it is now before the Senate. States and Territories and with foreign nations; that they Mr. LODGE. Yes; with the amendments which have been ha>e formed these combinations and monopolies in violation of adopted by the Senate. sections 1 and 2 of the Sherman antitrust law; that no criminal The VICE PRESIDENT. With the amendments which have prosecutions ha>e been begun a~ainst them or against any of been agreed to. them ; and then declares it to be the sense of· the Senate and Mr. LODGE. And then that it be temporarily laid aside. House of Representatives that criminal prosecutions should be The VICE PRESIDENT. Is there objection to the order for begun against all of the said parties and persons where, in the a reprint of the bill? The Chair hears none. Without objec opinion of the Attorney General, the criminal provisions of the tion, the bill is temporarily laid aside. statute ha>e been violated, and instructs rum to institute sucll THE AMERICAN TOBACCO CO. criminal proceedings where the evidence, in h_is opinion, will justify the same. Mr. CUMMINS. I ask that the bill (S. 3607) to give the right Without intending to go into detail, the Standard Oil Co. and of appeal to the Supreme Court of the United States to certain its promoters np to the year 1800 had formed and maintainecl a organizations or persons in the suit of the United States against combination in restraint of trade and in violation of the com American Tobacco Co. and others be taken up for consider mon law of the Janel, and since the enactment of the Sllerman ation-- law, in 18DO, both the Standard Oil Co. and the American To The VICE PRESIDENT. The Chair thinks, according to a bacco Co. ha>e persistently and continuously violated not only notice heretofore filed, the Chair should recognize the Senator the common law of the land, but also the criminal provisions of from Ohio [Mr. PoMERENE], who gave notice that he would desire to speak immediately following the Senator from Iowa. sections 1 and 2 of the Sherman antitrust 1nw. Mr. OVERMAN. I should like to ask tile Senator from A careful examination of the opinions of the Supreme Court Iowa, as the SenRtor from Georgia wants to speak and has to in these cases will be sufficient to convince any fair-minded go away to-nigllt, if it might not be well to let the bill be man that the Supreme Court was of the opinion that these two printed as amended, with the amendment offered by the Sen companies knowingly, deliberately, and defiantly violated the at?r from Ohio, and take it up on a certain day. Any day will · provisions of this law. smt me. In the Standard Oil Co. case the Supreme Court said: The court below held that the acts and dealings established by the Mr. CUMnlINS. Will the Senator from North Carolina sug proof operated nnd destroyed the "potentiality of competition," which gest· a day and ask unanimous consent that a \Ote be taken on otherwise wonld have existed to such an extent as to cause the transfers that day? of stock which were made to the New Jersey corporation, nnd the con trol of which resulted over the many and various subsidiary corpora l\fr. OVERl\fAN. I will agree to any day, and I think this tions to be a combination or conspiracy in restraint of trade In viola day a week-- tion of the first section of the act, but also to be an attempt to monop Mr. CUMMINS. That will be entirely satisfactory to me. olize and a monopolization bringing about a perennial violation of the Mr. OVERl\IAN. To-day a week would suit the Senator? second section. · Mr. CUMMINS. I suppose we could get a vote upon the bill And then the Supreme Court ad both a "Violation of the law of the ln.nd and of every principle What excuse can be given for a failure to prosecute t,lle of good conscience. That the American Tobacco Co. and its officials of these combinations who ha\e for 20 years and more officers aud constituent corupnnies were within the prohibitions been flagrantly and · willfully violating the law of the land? of the law can not be questioned. It is not a case of uncertainty of the law. It is a case of the The Supreme Court says: open defiance of the law. The Attorney General has not hesitated That they were, in our opinion, so overwhelmingly results from the to enforce the criminal provisions of the Sherman statute in 'undisputed facts, that it seems only necessary to refer to the facts as we oilier cases, why does he do it here? In other cases he has have stated them to demonstrate the correctness of this conclusion. acted upon what, I dare say, is purely ex parte testimony, and AUTIIORlTY OF CONGRESS. no criticism can be made for so doing. In tllese cases there Those who are opposed_to tile adoption of this resolution base has been an adjudication, and the court has declared that the their opposition upon tlle fact that tllorc are three coordinate statutes ha\e been yiolatecl. The Attorney General himself brnnches of our Government; thnt they are separate and inde no longer contends that the lnw is uncertain, because in a recent pendent; and that Congress has no right to interfere with the article publisbed in the February number of the Century administration of either of the other departments. In a limited Illustrated :Monthly Magazine, on page GlG, he says : sense this may be true, but that this independence goes to the ex There is, of course, some genuine discontent with tho Sherman law, tent of forbidding Congress from describing and defining the but I suspect most of it arises not so much from any real uncertainty duties to be performed by any of the departments of the execu as to its meaning as from a realization of that meaning. tive branch of the Government or by the officials of the court I the deny. The Department of Justice was created by the Congress. The truth of matter is that the department has failed. to The two Houses prescribed by statutes formally passed the ad enforce tlle law in the pnst, and these great corporations ha.Ye ministrative duties which it wns to perform. i1resumed upon their Yastness and power as a guarantee against Tile power to create implies the power to modify, to destroy, any prosecution by tile Government. Under the force of public or to amplify. It would, indeed, be a strange proposition if the opinion the ciYil suits were begun and the Government bas won. Department of Justice could be so separate and independent Is tllat victory to be thrown away now? If the Department of from tlie Congress that we could not add to or tnke from its Justice is really in earnest, ought not this criminal provision to duties or its prerogatives. If we hnse power to prescribe by be enforced in order tllat it may be an example to all otllers statute what they may be, what impropriety is there in dec1ar who may be tempted to "Violate tile law in the same manner? lng wlrnt the sense of Congress is in directing the Attorney Gen The course of the depnrtment with reference to the American eral to begin certain litigation, when, in the judgment of the Tobacco Co. is peculiarly interesting. The suit was begun Congress, it ought to be begun? against this company, 2 English corporations, G5 American This is not a new question. We have abundance of precedents. corporations, and 2D individuals. Tbey spent millions of money I need only refer to a few. in purchasing some plants not for the purpose of operating On July 13, 1802 ("vol. 27 U. S. Stat._L., p. 12G), the Attorney them but for the purpose of closing them. The Supreme Court General was- says they spent $4,000,000 in wbnt was known as tile plug Authorized and directed to institnte the necessary legnl proceedings tobacco war, until they either dro-ve their competitors into against the Leavenworth, Pawnee & Western Railroad Co., its successors bankruptcy or forced them to sell to the combination. They and 11ssig:ns. * * * under the treaty with the Delaware Indians absorbed bchyeen 200 and 250 different corporntions and com May 30, 1 GO, * * * for damage done the said Indians in the tak ing and destruction of their property by the said railroad company. panies. They dro\e the price of rriw material down to a point On March 2, 1805 (vol. 28 U. S. Stat. L., p. 898), in the net pro to suit their con"Venience, and they increased prices to their viding for the fulfillment of the treaty stipulations with the consumers at will, without any regard to -either supply or yarions Indian tribes in the suit of the Choctaws and Chicka demand. They were permitted to continue tlleir illegal methods saws for ceded lands of Wichita. Indians, Congress said: until they bad nn r.ccnmulation of property and estates amount ing to over $300,000,000, ancl controlle ~[r. CAXTRILL. It was at your instigation that these cases were t a.k'i:n up? to him on account of. this and other prosecutions. This wus l'.1r. WrcKEnSII.A.hl . Yes, sir; they were the so-called night-rider before he n.nd the circuit court ha ~786 OONGRESSION AL RECORD- SENATE~ APRIL 15, The Secretary called the roll, and the following Senators an Let us consider these acts and see where they leave the right~ swered to their names : of employees. The present employers' liability act provides that Bacon Curtis O'Gorman Smith, Md.. railroad companies shall be liable to employees or their personal Bourne Full Oliver Smith, l\Iich. representatives for injury or death "resulting in whole or in Briggs Fletcher Overman Smoot part from the negligence of any of the officers, agents, or -em Bristow Foster Owen Brown Gore Page ~~~~~~r:~a- ployees of such carrier, or. by reason of any defect or insuffi Bryan Gronna Perkins Thornton ciency., due to its negligence, in its cars, engines, appliances, Burton Guggenheim · ·Poindexter Tillman machinery, track, roadbed,· works, boats, wharves, or other Catron Kern Recd Townsend Chamberlain Mccumber lloot Warren equipment." . Clapp l\Iartine, N. J. Sandera Watson So that the doctrine of nonliability for the negligence of a Clark, Wyo. Myers Shively Wetmore fellow employee has been abolished. Culberson New lands Simmons Williams Cummins Nixon 8mith, Ga. Again, the act provides that the fact that the employee may have been guilty of contributory negligence shall not bar a l\:lr. OVERMAN. I have been requested to announce fuat the reco-vory, but the daiuages shall be diminished by the jury in Senator from. Arizona [1\.Ir. S:r.r1Tu] and his colleague [Mr. proportion to the amount of negligence attributable to such ASHURST] ha·rn been culled from the Chamber on important employee. public business. · So that the defense of contributory negligence by railroad The VICE PRESIDEl\TT. Fifty-one Senators ha-ve answered companies is gone, and even though an employee is guilty of to the roll call. A quorum of the Senate is present. contributory negligence, he is entitled to recover the amount Mr. SMITH of Georgia. 1\ir. President, the proposecl Federal of his damage, to be reduced in proportion to his negligence. compensation bill is made applicable to injuries resulting in dis A.gain, the employers' liability net provides that the employee ability or de..'lth of employees of common carriers by railroads shall not be held to have assumed the risks of his employment engaged in interstate and foreign commerce while such em- in any cases where the violation by such common carrier of any ployees are employed in such commerce. · stntute enacted for the safety of the employees contributed to I am opposed to the bill in its present form, because it would the injury or death of such employee. prove a serious Joss ta the men working for railroads. I will a little later consider the safety-appliance act and show It. would become their exclusive remedy for injuries, thereby that it broadly covers nearly every point upon a train where an taking away from them their present rights. . employee is likely to be injured, and that it does away with the It wouldd leave tile employee where he must still frequently doctrine of assumed risk and frees the employee frqm loss of his litigate. It would require the trial of his case before a Federal case because he knew the defective condition of machinery. special master culled an adjuster and prevent his contracting The employers' liability act provides that any contract, rule, for counsel. regulation, or device whntsoever, the purpose or intent of which It would arbitrarily reduce his recovery to about one-third shall be to enable any common carrie~r to exempt itself from of what he is now entitled to; it would greatly reduce- the re any liability created by this act, shall to that extent be void. covery of his family if he is killed, and allow payments only by So that no device, no contract, no scheme of the railroad the month instead of in a bulk sum, except where a petition is company can be prepared or put through by which the rights presented to a Federal court judge and he, for cause s.hown, of tho employee can be destroyed. directs monthly payments commuted to a lump sum. Now, as the proposed bill becomes the exclusive remedy if it The amendment of 1910 provides that suit may be brought in is passed, it is well at the outset to consider what are the tho United States court in the district of the. residence of the present rights of employees of railroad companies. Ever smce defendant, or in which the cause of action arose, or in which the decision in Priestly v. Fowler a contest has been going on the defendant shall be doing business o.t the time of commencing such action. The jurisdiction of the courts of the United States between th~ employees and the employers, the employers seek ing to build more and more technical defenses to prevent em shall be concurrent with that of the courts of tho sevoral States, ployees from recovering in cases of injuries; the employees and no case arising under this act nnd brought in any State seeking to check those defenses. The employers have to a large court of competent jurisdiction .shall be removed to any court of extent been successful before the courts in building up these the United States. , defenses, due, in my opinion, chiefly to the fact that their This amendment to the employers' liability act gives the trained counsel were specialists and their views of the law right to the employee to sue in his own State court, usually as a rule were presented with more ability than the vie"\VS pre in his own county or in the place where the accident happened, sented on tiie other side. But we have gotten away from and the case can not be removed to a United States court, Priestly v. Fowler, and: we lrnve gotten away from all these thus placing upon the employee the additional expense of try decisions, for by the acts of Congress the rights of emnloyees ing his crrse at a distance from his home, or at a distance from arc established so far as they can be established by acts of the point where his witnesses live, with the expense of bringing Congress. his witnesses and paying their railroad fare and paying in In 1906 the first employers' liability act was passed. The advance their per diem witness fees. Tills bur l\Ir. SUTBEilLAND. If the Senator will permit me, the referee, and I am utterly opposed to a bill that lea \CS them intention of the framers of this bill was that any injury which without a chance for representation some\Yhat commensurate in fact resulteu in permanent total disability should be con to the representation which will be on the otller side. sidered as such, and payments should be continucu to the em I desire to come now to the amount tllis bill vroposes to al ployee, as the bill pro"Vides, as long as he lives. But in order low. It arbitrarily declares that no man shall be considered that-- as making o\er $100 a month. For a permanent total dis Mr. SMITH of Georgia. Will the Senator pardon me? I ability he can get a monthly payment of l::.alf the hundred-of do not misunder stand the bil1, and I will discuss it just on the $50 a month-and no more, even if be was earning $250 u lines the Senator is expressing himself. month. Conceding the permanent total disability, his com Mr. SUTHERLAND. That was simply a preliminary. I pensation is to be monthly only one-half what he was making, wns going to make the further suggestion to the Senator that and be is arbitrarily to be determi!lecl as not baving been mak the purpose of stating particular and certain injuries is that ing over $100 a montl.l. WI.lat about the engineers all 01er under no circumstances slmll the adjuster or the court be per this land who make $200 a month? Arbitrarily you say if yon mittell to say, when those injuries result, that they did not cut off both of his legs or both of his hands, if you injure llirn constitute permanent total disability. Those specific provisions in the spine so that both legs are permanently pnralyzcu, yon were put in tbe bill out of abundance of caution to make it ab wHl treat him as haYing been making only $100 a month, nnd solutely certain that when an injury of that kind happened it you will allow him for that injury only half of that sum-$50 can ne>er be said to bo other than a total permanent disability a month. and not in any way to limit the general provision with reference Mr. OVERMAN. For eight years? to total permanent disability. Mr. S:i\IITH of Georgia. No; for life. l\lr. FLETCHER. Will the Senator from Georgia allow me i\Ir. OVERMAN. Permanently. just a moment? Mr. Sl\IITH of Georgia. I am treating now the compensation Ur. S ~IITH of Georgia. Certainly. to the employee if he lives. I do not think it is right to pass a Mr. FLETCHER. In connection with the description of this bill that arbitrarily fixes the amount of a man's salary at one adjuster as an officer, would it not be more accurate to describe hnlf what he was making when you are proposing to compensate him as a referee? A master we generally understand to be an him. You call it the workmen's compensation bill and you shape oflicer of a chancery court and a referee an officer of a court of it so that he is not compensated at all; there is nothing for pain law. These cases necessarily will come to the law side of the and suffering,. nothing for deformity. His salary is arbitrarily court, and would not the adjuster be better described as a ref reduced at the very outset one-half. You treat him as making eree appointed by the court rather than a master? only $100 a month when he was ]J'.laking $200, and then you Mr. Si\HTH of Georgia. I do not think any benefit is deri"Vcd arbitrarily say be shall have only half of that $100. from calling him a referee. There are so many Federal mas Come now to injuries that you call permanent partial injuries, ters in the Federal courts, and the work that the adjuster is to cutting an engineer's leg off at or above the knee. I take that do, being exactly the same as a special master would perform, as an illustration. although his report is to be to the common-law side of the The loss by separation of one leg at or above the knee joint, or the court, I think a comprehension of his power is better nntler .vcrmancnt and complete loss of the use of one leg, GG months. stood by compa ring him to a special master, and that was my To the engineer making $2,400 a year, for cutting bis leg off reason for selecting that term. He might be called a referee above the knee the proposed bill will pay only $3,300; to the also. He is gi"Ven, however, judicial power. fireman or train hand making $50 a month it will pay $1,GGO ; ~Ir. BACON. If my colleague will permit me, I will suggest and the sums will be paid monthly at the rate of $50 and $25. that in cases where railroads have gone into the hands of a The loss by separation of one foot at or above the ankle joint, or the r ecei"Ver and there are a great many claims against the road permanent and complete loss of the use of one foot, 48 months. for personal injuries, they are universally referred to a master. 1'1r. FLETCHER. Those cases are always on the equity side This will be $~ 1 400 to the engineer, $1,200 to the man making of the court. $GO a month. . Mr. BACON. I know; and they were tried under the common Take an engineer 45 years old. He is master of his business. law li::tbility. He is too old to learn another occupation. You cut his leg off !Irr. FLETCHER. That is the jllrisdiction of the equity side just below the lrnee. His business is gone, bis occupation is of the court. gone. What can he do? Yet you give hlm $2,400 for it. Mr. SNIITII of Georgia. It is utterly immaterial what name Mr. OVERMAN. And that $2,400 is paid monthly? yon girn him, he is appointed by the Federal judge with trial Mr. SMITH of Georgia. That is paid monthly at $50 u power and judicial authority, and an adjuster is u misnomer month. The proposed bill does not gi"Ve him any lump sum and for llim. let him start out and find something to make his living. · It I was calling attention to the fact that the cases conceded to gi"Ves it to him monthly, and it leaves him to starve at the end be permanent total disabi.lity cases are most extreme cases. of the time-that, too, although he was absolutely free from Tl.lcy may h:rrn been declared to be permanent total disability fault and injured exclusiyely by the negligence of tp.e railrond out of the kindly consideration of the commission. How any company. living human being could have treated them as less passes my Take the complete loss of one eye. This bill will give bim imagination. They arc made the standards for this United States only $1,GOO, payable monthly. Let an engineer 45 years o1d court judicial officer, by which he is to compa re other injuries Jose one eye and he is out of a job; he cnn not stand an exami and nllow an unreasonable small recovery to the employee of nation for an engineer's place anywhere. The proposed bill the unreasonable small part which under any circumstances this will gi"Ve him less than a year's pay at $50 n month, and leave bill gives to an injured employee. The amount is so trifling, him, with bis business gone, unable to obtain or fill a p1acc or the cb:mce of litigation so great before the adjuster or master, to stand any of the examinations prescribed for an engineer. tbat tllere is nothing left from which to employ n counsel. In Take a young apprentice, 20 years old. making $50 a month. the vast number of cases of injuries, where the ex tent of the For the loss of his leg above tbe knee this bill allows him $1,640; injury is not described in the bill and where the speclfic recovery below tbe 1..-nce, $1,200. No consideration is given to l.lis future is in no way indicated, each one of these little masters will prospects. But that is not all. If his employer offers him nny fi x tbe standard, with the able counsel for the railroads trained kind of work and offers him DO per cent of wbat he wns earning and feed by the year, prepared to appeal their side and drag before he was hurt, this bill requires him to take it; nnd when down the standard of payment to employees with no provision he takes it he does not get any other pay, and if he declines to made for compensation to a lawyer representing the employee take it he forfeits his pny. and practically a provision which prevents the employee from Mr. SUTHERLAND. No, Mr. President, the Senator is having a lawyer. greatly mistaken about that. l t nnytbing like the reduction permitted in this bill goes l\ir. SMITH of Georgia. No. thruugh it is excused, ns I understand it, upon the theory that Mr. SUTHERLA~TJ) . Let me call the Senator's attention to tho lawyers in damage suits have received about half of past the language of the proposition as it comes to us. recoYeries. If you take the half away from the employee, · Mr. SMITH of Georgia. You must lrn.ve misumlerstood me. because before his lawyer got it, then certainly you ought to I am sure my statement was correct; but go on. provide in the bill that wherever a trial bas to take place Mr. SUTHERLAND. I understood the Senator to sny ti.lat before one of these special masters or anywhere else the fee of if an employee declined to work be would forfeit bis compensa tlle employee's lnwyer should be fixed by the court and made an tion. additional charge against the railroad company. Mr. SMITH of Georgia. Yes; that is, if he declines to take a I am utterly opposed to a bill that turns these men oYer ex job, during the time that it is offered to him he does not get the Ur. SUTHERLAND. The Senator wfll permH rue to sny employee "ns nble to "·ork" nnd refused to work to theu stop be 1s cutirely wistaken about that. The proYision of section his compensntion under this act. 22 is as foUo"·s: Mr. SU'l'HEULA~ TD . To, ~rr . Pres;dent. The language. as 'IIJ.at, notwithstn.nrllng :my ng-reement, award, flncling, or judgment it seems to rue, is perfectly clear. It is, wl:ere tempornry par as bereinb fore prodclecl for. tlic employer may continue such injured tial dis:ilJility results from nu injury, dcnling "·itll that one employee in his service at suitable work, and if the employee accC'pt such work and continne in his employer's service, compensation in any case class of cases, the employee, if he is unable to secure work, shall of Injury shall be suspended while ti.le injured employee is at such receive GO per cent of hi~ wages during the continuance of sucb work for which lie recelves wages "l"Vhich do not full below !JO per cent disability until l.to js entirely recovered; that until his complete of the wag-cs be wns receiving at the time of the accident, as limited by tlle pro>isions of section 20 hereof. enrning power has been reslorecl he is entitled to GO per cent, unless he can secure work. If Ile cnn secure work, being ablo That is the provision which lea>es it wllolly optional to the in to work, then lle must do it; but so long ns be can not obtain jured eruployc:c, and if he goes to work for anybody else he may work, in that 011e case and in that oue case only, he is to bo work for 9D ver ceut of the full wages and his compeusation pa id 50 i1er cent. · still continues. nut the object of the provision was to 011erate l\Ir. Sl\IITH of Georgia. There js another feature of this bill first as nn inducement to Ole employer to continue him at work, to which I wish now to call attention. It pro\ides for the reex and then to operate as an inducement to the employee to go to muination and reclassification of tlle condition of the emplo~ee. work, because he would rcceiYe more if he was at work than Even if tlle special mnster allo"'·s him something and treats the if Ile wns iille. I tllink it is an exceedingly good provision and dirnbility as renEonably permanent, as a partial disability or one wholly in tbc interest of tlle employee. a purtinl temporary dhmbility for a certain length of time, or a Mr. REED. 1\Ir. Presldent-- PEirmancnt teruvorary disability for n certain lengtll of time, 'l'he PRESIDI.r:r o OFFICEH. Docs the Senator from Georgia tlle case cnn lJe reexarnineu undonbtedly; and if the master yield to the Senator from Missouri? tendered him ern1)loyment and be did not accept it, that would l\ir. Sl\IITH of Georgia. I do. open up the case to show before the special master tllat tllere 1\Ir. REED. I understood the Senator from Utah to say that was something that he conld do. if a man went to "·ork for another and, nevertheless, drew his .!\fr. SUTHERLAND. :Mr. President, the Senator from Geor pay from the ra ilrond company-- gia nlwnys speaks about the master's side of this proposition, 1\fr. SUTHERLAND. His compensation. but there is another side to it. This bill proYides that at nny Mr. REED. I ask him wllat he does with paragraph TI of the time witllin two years eitller the employer or the employee may division of section 21, wllich reads as follows: apply to the adjuster, and., upon showing that the disauility (E) Where temporary partial disability results from an injury, the has increased or decrease(), tllere mny be an adjustment of the employee, if be is unnble to secure work, shall receive GO per cent of his wa:;es during tbe continuance of such disability-- compensation. That is as much to the interests of the employee, an Sr.r.. 4. That in any action brought against any common carrier un the creation of State government (27 Stats., G4G, sec. 1G). The rlcr or hy Yirtue of any of the provisions of this act to recover damages for injuries to, or the d.:-ath of, any of its employees, such employee Dawes Commission was C'xpressly :rntllorized in tllis act- Rh:tll r:ot be l:eld to have assumed the risks of his employment in any To procure the cession, for i:;uch price and upon such terms ::is shall case where the violation by such common carrier of any statute en be agreed upon, of any lands not found necessary to !Je so allotted or nct cd for the safety of employees contributed .to the injury oi· death of divided, to the United States. -such employer.. 8Ec. G. That any contract, rule, regulation, or device whatsoever, the The Choctaws :rnd Chickasaws were \ery reluctant to give puqio~e or intent of which Rhall be to enable any common carrier to up their metllod of landholding, aud to gi\·e up tlleir tribnl gov exempt itRclf from nny liahility created by this act, shall to that extent be void· l'rovided, That in any action brought against any such common ernments, to which they \\ere dee11Jy attached. 'l'llc holding of - can'i<'r under or by Yirtue of any of the provisions of this act, such land in common was almost a religion with the Indian people. _common carrier may Rct off therein any snm it bas contributed or pnid But after four years of solicitation and urging the Cl10ctaws ancl to any insurance, relief benefit, or indemnity that may have been pnid to the injurrd employee or the person entitled thereto on account of the Chicknsaws, who had always been extremely friendly to the 1njnr.v or oenth for which said action was brought. United States :rncl loyal to the wishes of tlle GoYemrnent, agreed f\ t:c. G. That no action shall be maintained under this act unless to give up their tribal governments by an agreement of April co1 ;· :tenced withm two years from the dny the cause of action accrued. 23.18!)7 (U.S., 30 Stats., 495, sec. ~D). ~1 :c . 7. That the term "common carrier" as nscd in this act shall include the receh·cr or rrceiYcrs or other persons or corporations charged By this agreement the Choctaws and Chickasaws agreed to with the tluty of the management and operation of the business of a relinquish their tribal government; that their lands should be common carrier. allotted; and the United States agreed on its part to fairly SEC. 8. That nothing in this net shall be held to limit the duty or 11nhility of common carriers or to impair the rights of their employees divide the property owuc Stntes wcinld ngrec to buy this property and hanclle it uncler public auction fOr cash, m~llei· tlle direction of the President, tlie go-vernmental aclministration. by a commission composed of three persons to be nppointcd uy .:.\Ir. President, I belie,·e in the conser•ation of coal und tile President. . This commis"ion wns appointed., but no ln.ncls aspl1a.lt, but I belien~ that this is a problem which primarily were disposed of by it. Peucliug n.ction of su.id commission, im·oh·es the consen·ation of the national honor. The preserYa Congress made a provision in the Indian appropriation act of tion of tlle nn tional integrity is more irnport:rnt tho n the Federal April 21, 1904 (33 Stat., 189), wllcreby the method of sale of purchase 01 control of coal owned by private persons. The the coal lands was changed from ~ales at public auction to sales United States GoYernment ga•e its pledge and its guaranty 10 under sealed bids. l\Iuch of the coal land was advertisecl for years ago to nearly 30,000 human beings-the Choctaws and sale in 1904 under scaled bi "The lenEes aboYe referred to hn:rn yielded, since the GoYern recPlvPd with an outburst of approval that shows how little Gaitan and his followers realized the feeling of the public on a subject which ment took charge, a royalty of 8 cents per ton, mine run, and means vastly more to the preservation of society tban the discussion of have producecl tlie following tonnage ancl royalty: such questions as tariff revision and the abolition of the House of Lords. In many of the writings of eugcnists the bope is expressed that some day the public will renlize the meaning of heredity, and that Year ending June 30- Output. Royalty. some day legislators will take the necessary steps to pre,:ent an in crease of those elements in civilized populations which ultimately mean racial destruction. That the general public has voiced its ap Tons. proval of the church's position shows that eugenic ideas bad been mak 18()9 ..•••. oo••···•-••oo•oo•••··-········•oo••••••oo••••oo•• 1,404, 442 $110, 145. 25 ing their way far more rapidly than eugenists knew or suppost;!d. 1000 .•.•••..... , .. _ .. , ••.....•.•..• ooo••••••••••• 0000 •••··· 1, 900, 127 138,486.40 Almost every newspapet· and every scientific periodical is publish l!lOl. .•...... 0000000•0000••0000000000000000000000 2,398, 156 199, 663.55 ing articles nowadays on the subject of eugenics. The terrible con 00 00 00000000 2, 735,365 1902 ... oo••··· · -·· •••••••••• ••••••••••••••••• •• 247,361. 36 sequences of permitting such criminal families as the Jukes and the 1903 .••••..••.. _...... ooo••••••• 00 · ·--- ~ ---•oooo•••••oo••• 3, 187, 035 261, 929.84 Zeros to saddle their countries with a thousa:1d ahd more defectives 1!104 ..•••••..•...• 00 ••• 00 •••••••••••••••• 000 ' 0000 •• 00 •• 00 •• 3, 198, 862 277,811. 60 in the course of a few generations must surely be realized. Dy almost 1905 .••••••• ...... • ... oo••-•••••OO•oo•••••••••oo•oo•oo•• 2,859,516 248,428.36 everyone who can read black print. Instances of het·editary insanity 1906 .. ·····-·····••00••00••••••00•••••0000000000•••000•0000 2, 722,290 251, 947. 02 and criminality are brou(Tht to lii;ht daily in the rapidly increasing 00 1007 .• ··••••00° •00•••• 00 ·-·· · -··· 00 - 00 ••••••••••••• 0000 •• 3,079, 733 240, 199.23 literature on eugenics. Thus, in Conklin's "l\Iating- of tbe Unfit," we 1908 ••..•••••• oo•••••oooooo••oooooooooooooooooooooooooooooo 2, 780, 649 273, 196. 82 learn of a young man of good family wbo, after hi!> discharge from 1909 .• •••• .•••••..•...... ••...•...... ••..•..•••••• oo•••••· 2, 728,437 218,376.07 tile Continental Army, mated a feeble-minded girl in New Jersey. From this union came n feeble-minded daughter, whose blood can be traced in 480 descendants, of whom 143 were distinctly feeble-minded. In ~ " It is to be remarked that the most desirable coal measures paper read before the sixty-first annual session of the l\Iedical Society within tllis segregated nrea are under lease." of the State of Pennsylvania last September, Dr. Martin W. Barr, chief physician of the Pennsylvania Training School for Feeble-minded DISTRICT COURT FOR WESTERN DISTRICT OF MICIIIGAN. Children, cites some telling examples out of his own experience. He Mr. SMITH of Michigan. I request unanimous consent for tells us that in Pennsylvania alone there are 10,000 cases of a ,·owed imbf:cility, and of tllese but 3,500 are sequestrated. At present the the present consideration of the bill ( S. liD35) to fix the terms unsequestrated feeble-minded are a distinct menace not only to the of the District Court for the Western District of Michigan. It State of Pennsylvania, but to tbc entire American Nation. They are is a bill which was unanimously reported by the Committee on now privileged to taint tbe race to which they belong ; for as yet society bas taken no steps to protect itself from them. Dr. Barr states the Judiciary, and it will cause. no delay or debate. that of 4,0!>0 cases of imbecility, he tound ~.G51, or G5.45 per cent, There being no objection, the Senate, as in Committee of the caused by malign heredities, and of those 1.0~0. or 2!'i.43 per cent. a rc due to a dire\!t inheritance of idiocy, and 280, or 6.Gl per cent, to Whole, proceeded to consider the bill, which had been reported insanity. from the Committee on the Judiciary with an amendment, in In a recent number tbe Medical Record points out that great <1anger line D, after the woru " in,' .. to strike out " June" and insert lies for ns in the tide of immigrants that pours into this country an nually. True, our law provides for the deportation of " all idiots, im "January," so as to make the bill read: beciles, feeble-minded persons, epileptics, insane persons, and persons nc it enacted, etc., That tbe terms of tbe District Court for tbe West wbo have been insane within five rears previous or persons who have ern District of l\!icbigan for the southern division shall be beld at Grand bad two or more attacks of insanity at any time previously." But the Itapids, commencing on tbo first Tuesdays in March, June, October, and enforcement of tho law is difficult. December; and for the northern division at l\Iarquetto, commencing on In a bulletin published by tbe New York State hospitals, it is stated the second Tuesdays of A prll and September; and at Sault Ste. Marie. that until rnoG not more than 35 immigrants were denied admission commencing_ on the second Tuesdays in January and July. on account of insanity in any sin"'Ie year; but since that time, and without any especial change in the 1aw, the number has risen to nearly The amendment was agreed to. 200 annually. Moreover, nearly as muny defectives as insane persons The bill wns reported to the Senate as amended, and the have been excluded. The immigration inspectors undoubtedly do their amendment was concurreu in. best, but tbe Commissioner General of Immigration has himself pointed out how inadequate arc 1-be means at his disposal for preventin~ the Tlle bill was ordered to be engrossed for a third reading, read pollution of American blood. : the third time, and passed. As might be expected, the influence of the immigrant is most clearly apparent in New York State, for bore 1 out of every 250 immi~rnnt s is WILLAMETTE RIVER DRIDGE AT NEWDERG, OREG. taken to a hospital for tbe insane in a year after arrival. Evidenct1 l\Ir. CHAMBERLAIN. I ask unanimous consent to call up has also been collected, chiefly by Dr. I sabelle Smart, which i:;hows that no less than 30 per <' ~ 1·. t of the feeble-minded in our population may for consideration the bill (H. R. 2048G) authorizing the con be traced to bad alien blood. struction of a bridge across the Willamette River at or near We take ela!Jorate pains that diseased cattle shall not be allowed Nen-berg, Oreg. It is a bill which has local reference merely. to affect the public health, but as yet we have done but little to pro tect the public ·health from the far greater danger that lurks in !Jad There being no objection, the Senate, as in Committee of the human blood. Some day a patriotism w ill be inculcated, based upon a Whole, proceeded to consider the bill. noble culture of racial purity, a patriotism that will recognize the The bill wns reported to the Senate without amendment, or truth of J.;0rd Ileaconsfield's dictum: "Tbe public health is tbc founda tion on which reposes tho happiness of the people and tbe power of a dered to a third reading, read the third time, and passecl. country. The care of tbe public health is the first duty of a statesman." REGULATION OF IMJ'ifIGRATION. J\fr. Sil\IMONS. Mr. President, I should like to ask unani [Editorial from Manufacturers Record, Baltimore, Md., Apr. 11, 1 !>12.] mous com:ent to have printed in the RECORD certain publications, SCATTEilING L\I ll!IGRA:-ITS. containing Yaluable clata upon the question of immigration, a Expectation on the part of its promoters that Southern States will cooperate with the " Southern Settlement and Development Or~:rniza subject which the Senate is to take up on Wednesday, as I tion," r ecently devised by way of Ilaltimore, and the formation in ~cw understand from the Senator from Massachusetts [l\fr. LODGE], York of the American Immigration Distribution League, calling upon and I desire it to be in the RECORD in order that Senators the Federal Government to establish a land fund for the purpose of making loans to immigrant farmers, point to the imperative necessity may have the benefit of the information contained in those for additional restnctions upon immigration and rigid cnforcemen t of publications. them, regardless of local or national political exigencies, until there The VICE PRESIDENT. Without objection, permission is shall be no longer inducements for the movement to this country of the classes now dominant in immigration. granted. There is a leaven of good intent and humanitarianism in most of the Mr. SIJ\IMONS. The data consist of four editorials and two movements that have come to the surface in the past 10 or 15 years articles of great interest and direct relevancy to S. 3175 that is looking either to rclievin.i; eastern cities of the congestion of undersirable populations from abroad or to making it easier for greater herds of to be takon up by the Senate next Wednesday, as I have just such elements to enter this country. Hecognition of that fact, howe>cr, said. The editorials are from the New York Sun, the New York should not blind the intelligence of the country to the real inspiration Herald, the Scienific American, and the Manufacturers Record, of such movements, either of a most material character having to do with increasing the earning of trans-Atlantic steamship companies or of Baltimore. As Senato:cs know, the Sun and Herald are two centered in foreign-born racial or ecclesiastical schemes hoping to use of the leading conservative dailies of the country, the Scientific this country as a pawn. There have been so many mistakes in this American is a highly technical and scientific periodical, and the connection within the past decader so many specious schemes, that it is difficult to understand how southern men can still hope for good Manufacturers Record is one of the leading trade, transporta results from any immigration movement in which individual States tion, and financial publications of the South. The two articles shall participate on any basis save that of individual State bureaus are taken from recent issues of the New York Times and the controlled hy the people of the State, whose taxes support them. Tbc movement for scattering immigrants that would be a benefit to the coun Herald as indicated, and contain what seem to be very carefully try would be one that would scatter 80 per cent of the number now prepared statements of the most recent information and expert scekin~ admission to tbe country back to the European lands that ha>e opinion that can be obtained from State and Federal officials speeded them to tbe United States. in a position to know minutely about conditions of which they speak. [Editorial from tbe New York (Evening) Sun, Mar. 28, 1912.] 'l'he matter referred to is as follows: A CO)!I:SG ISSUE. In more ways than one the present and the near future seem likely to [Editorial from the Scientific American, New York City, Apr. 13, 1912.] offer years of unusual test for tbe Republic in wbicb we live. A desire TIIE CIIURCII, EUGENICS, AND IMMIGRATION. to experiment with the iridescent toy of pure democracy has already To be a good animal ii:; the fir mod '.'!-rn State. Nor ha>e v;-e any patience with those gloomy dyspeptics Con~ress ·and present the situation ns it existed in New York, nnd in -who consider that American political sense has gone to the do;;s. It 1003 some Jegislntion was secur.ed. The time in w!Jich it is possible to nasn't-and it is a pleasure to obscr>c it attncl<:ing the new problems deport an alien who is found immne in tbis country was len~t!Jened , nt once with zest and patience. and several safeguards were employed to lessen the dnnge1· of atlmHving But America is one thing, and America o>erlaicl or interlarded with them. large slices oi' the most ignorant and unreliable -portions .of Burope is Ne;erthclcss tho situation h:is grown worse with passing years as another. And the inclctcrminatc factor· in the coming ycars--thc com immigration bas increased. l\lr. Brown gn>e the facts as he bas m:; i1'sue-is the question of how much further we can permit free, nn found tllcm in the conl'se of his -inv-cstigntion iato the subject. siftccl immigrntion. Our current immigration both raises the most "We have in New York State," be saic1, "15 State hospitals for the serious prol.Jlcms now fcrming- for go!'crnmental solution, and also, !Jy care of the insane. They ha>e ov~r 32,000 inmates. ancl their em lowering the rntelli~cnce of rhe electorate, furnishes the gravest hin ployees, exclust;e of the physicians, nnmber between 5;000 :mu G,000. drance to thelr solution. The sudden eruption of the gaunt figure of The cost of tbe plant and ·equ ipment of these hoi>pitals may be put at syndicalism in our labor troubles is the most omnious sign of the $G0,000,000. 'Enormous as th'iR sum is, I think I nm conser>ntive times. We ha vc had our strikes a-plenty ln the past, but tbe first con when I give the figmes. Dr. Pollock, the statistician of the lunacy s-idcrable dc>clopment of an actu:rlly revolutionary spirit comes to-day, commission, considers that I am not' exaggerating. and comes, as lately at La-wrenca and now at Paterson, among the un- . "It is important to undcrsta-nd the situation. Our lnnney commis American immigrants from southern Europe. sion exceeds in importnnce any other Sta.tc board. It !Jni-; the spcncling The questio1t is not one to be settled in a day or in a year. We shall of more money tllan nil tlle other elrnritable and correctional boards doubtless ha\·-c Lt with us for a long while to come. But we think the put together. Gov. Dix Las reorganized it so that it is now almost time is ripe for a >ery serious debate upon the problem, and actually perfect. Better men than Dr. James V. l\lay, Messrs. Herbert B. llis for a beginning of restrictive measures. The first brute need -for hands se11, and William Cary Sanger, tho present commissioners in lunacy, to lay open an unexplored continent bas unque-stionably passed. Such coul<1 not be founu. need as remains must be balanced against the paramount need for "These men nrc responsible to the State for tbe expenditure of one _minds to gQ'Ve rn a high1y cJevel.oped nation. ·third the annual rcvcnac of tllc State. Incredible as it 1ua.v Reem. the Fortunately, the whole snbJect has been most tborongh1y examined controller of the State of New York reports that up to the encl of lDlO in recent years, and tlle facts are bcfo:rc tnc Nation. The recent con one-third of all ti.Jc State revenue in the previous l 0 years ha cl been gressional in•estigation resulted in a plentiful array of statistics, and srent in the care of the insane. Last year $8,00Q,000 was expended. eRpecially in a single >olume, The 1mrnigration Problem, prepared by Next year $D,OOO.OOO !Jas l.Je C'..n asked for, which will be one-fifth of tllc Prof. Jenks and Prof. Lauck, who aided in th~ study. Mucn -Of their wl10le expenscs of tlle State. interesting n·port was stated to tbe Senate recently by Henator ST>r -'-' Tbis is wbnt it cOEts us to care for t11e insnne only. The f.ecble MOXS, of North Carolina. 'J'he question is before tbat body in conncc· mindcd, t.be inmates of ti.Jc .l'cformatories, and all tbose in tllc prisons, tion with a bill codifyinrr the immigration laws. A provision for an w.bo have pcr1iaps become criminn1 bccacse of some taint in the bloud, educational tc-st was cut out in committee, but baR been o!Iered as an cost ns nearly as much nc;ain. amendment by the Senator from North Oarolina. To quote tbe ·conclu "It has become necess::u:y recently for the ~tafe to resort to direct sion of his argument : tnxn.t:ion in onler to raise enough money to fulfill our obligations to •· In nearly e;cry State we arc expencling annually enormous sums these unfortunates. Taxes that bad been rc.mittcd La\e been imposed of money to educate the boys and the {!irls who are to be the citizens a"'ain-; indeed, $0,000,000 is to be raised this year IJy tllis means. Ancl nD because of the tremenuous drain on our financia1 l'CSOUl~CCS imposed of the future, who are to control the destiny of this country and its by persons who -m·c men-tnlly abnormal. institutions. In many States there are compulsory-atendancc laws. ' Tbe financial side of -the CJUCstion is appalling, but, of course, the The taxpayers arc assuming this A"reat financial burden; .they are in moral side is even more so. There is no need for me to talk ahout sisting npon this higher degree of education fo1· our boys and girls, the 1in!!s and ]J.uppincEs tbnt arc desi:J:oyed because of some inherited because the"y appreciate and thoroughly understand the fact that in an defect. Any one wit'b imagination or llen:rt ca.n ·conceive wbat it is . enlightened -d0mocracy such as -ours, a country where we ba>e sover " ·we b.a...-c quite enongll insane liere in our own country, and tho eignty citizenship, the safety of our institutions, nay, the perpetuity •burden would be ltea-vy under uny circumstances ; but what those of us of those institutions, depends upon the measure of intelligence of its who are interested lll. tbc subject specially complain of is tbe fact that _people. t:Lle immigrants are coniJTjbu:ting very mucb more t-han tbc~r proper " Here, sir, we are F:pending :mnu::tlly upon our boys hundreds -of proportion or insane to om State !Jospitnls, :_:ind .thnt no radical st~ps millions of dollars to fit them for cltizenship, because we know that are l.J eing taken to put an enu to thP. practice m Europe -of scndm,g that better fits them for participation in a government like ours. Yet, dcfic-ic.nt memhe.rs o-f the d'amUy over to America to ea:r.n a :livelihood, if Mr. President, in the ~ace of this fact, in the face of this large expenil possible; and if not, to become State charges. :Lture of money for this purpose. when tbe Nation as a wllole comes "The question naturall,y interests New York ·State more than any to act we open the doors and admit ev-ery "Year to -our citizenship be otnu. ·we 'hn:ve froqncnBy n million immigran..ts n year ; sometimes we tw0en 200,000 and 300,000 of as densely ignorant and illiterate peoples have 5 000 a day. Uecently one day we llad 7,fiOO aD:d in one week as Hve under God's sun. Why should we do this? Is it not a contra we hacl 21,000. About 80 per cent of these people ai:nve nt the port diction in polia '! I s it not inconsistent with our whole cducation.nl of Kew York history, cspcciaily of the last 25 or 30 ye:u:s? " "Dr. l'oUock, the lunacy commission's statistician, calcu-lat~s tbe The facts which he quoted to support his >iew are familiar enough. length of fim.e the :ixerage inmate of an insane asylum spends 1n tbe Tbe change in the charncter of immigration in the last 25 years is instLtution ns not less than 11 ycnrs. 'The •cost of ma.intonance during .notorious. Of the total immigrution prior to 1-883, ·m:; per cent came thnt -Ume is !Jetween $::l,OOO and $4.000. from England, Ireland, Scotland, Wales, Belgium, Denmark, France, "Now_, the ratio of the foreign-born popu1ation to th.e native Pf!PUl~ Germany, The Nethcrln..nds, Norway, Sweden. and Switzerland. T!r.om tion in New ~0'l'k State is 30 per cent. 'If the normality of the imm1- 188:\ to 1907, 81 per cent came from Austria-Hungary, Bulgaria, Greece, graut averaged np as well as that of the "Bntivc born, :the immigrants Italy, Montcn<'g-ro, Poland, F'ortug:rl, Iloumunia., Russia. Scr>ia., Spain, wonlcl therefore furnish about 30 ver cent of the inmates of our insane Syr:ia, and Turkey. This latter stream is one-half illLterate; .more than .llospitals. .As a mattel' of fact, wUb the privilege of inspecting tbcm a third docs not sc.tt.1e here, -but returns to its source.. and the r est beforP they come in ana of deporting all who seem nndesfrable, the num largely li>es to itself and resiHts assimilation. All of ·which facts .are ber of insane among "the aliens s.hould really be Jess tbnn among the admirably illustr.ated, for example, in the racial condition existing in native born. We can not help it if potential lunatics arc born in this Lawrence, lUnss. countu, but we cnn help admitting them tllrough Ellis Island. Whether the literacy test is a sound method of restriction is a moot "Bu't,. as -a matter of fact, the ,proportion of foreign-bor~ insane in ...----~-question . Nine out of the ten members of the con~ressional in \ cstigat om· hospitals is ;cry much larger than tll.e proportion of fore1~n born in ing committee agreed upon it as ihe best practical means, though our populstion. I1:ist year 48 per cent of the insane )n onr S~nte -bos fran1rly admitting its shortcomings. Possi!Jly sucll a test if supple pitali; wcr-e of .foreign birth. '.rhnt meuns tbnt the a!Jens fm.:mshed '1.8 mented !J_y other restrictions might meet the needs .of the situatlo.n. per cent ;more tban tbcir proper proportior:, even wbcn that proportion But the point we would make is that the time has come when somn is most liberally calculateu. restricti>e plan must be devised and applied. The question admits of ... This 18 per cent represents about 1_.000 persons ; that is, l>ecause of no division between capi-utlist and 1aborer. It has paRsed beyond the dc.ficient inspcetion of immigntnts 1,000 :persons more are aclmitted to range of purely economic discussion s..nd entered a field wherein all the New York State insane .nsl:nLDls ,tbnn should be admitted, and, cal Americans muRt unite to gr.apple with a serious threat against the enlatin~ tbeir average life in tl1e institution as low as 10 _years and solidarity of tne Nation. We trust neither Congress nor the people their support at lj:2,000, which is eonservnti;e, it has cost a tot-a.I of will find n prellidentia1 election ioo engrossing to permit the immediate $:1,000.000. This ls go"ing on every _yenr. Every yenr we get i:.hls thou consideration of this pressin; issue. sand alien insane which we should not g-ct, nnd every thousand means an a vernge ex_pendilure of over ~2.000,000. " If :vou take those of foreign birth n.nd ·foreign parcntng-c to.i:rether [Article .from New York "Times, .Apr. 7, 1!H2.] jn onr Stn.te n!l.,\lums, we :fuld the perccnt-s~e ris<'s as high as 74. Tbree NEW YOilE: RAS srEXT ~2G,OOO,OOEI ON ALIEN" INSA~L-D\SUFFICIENT GOV fourths of :all the inmates of the New York State asylums arc there Emorn~~ IXSPECTIO~ AT ELLTS [l';L.A:I\!> I-S .ADMITTL'rn LAI?GE NU:llDEilS -fore lnnn.tics that hn-vc come here directly from J<;rn·opc or who hnve in E.\CH YE.AU TH.AT SHOGLD DE DEPORT.ED, AXD IS SADDLlXG A REA.IT herited f-rom Europe the strain of insanity which has brought them to -nunn~ ox THE ST..J.TE. tbc nsylum. " 1f yon take i\lanhattan a1one, the proportion of foreign hom-not of In some years New York Sfatc has spent nR much ns one-third of its foreipi pnrentn.gc, hnt of actnal foreign born-in the Stnte Hospital for entire revenue in tbe care of its. in.sane. This yenr it will probably New York City is G0 -per cent. spend-at least tbe lunacy comnuss1on has asked for-$D 000 000 or "Tllrongb the faiLuTe to enforce the lu-v;s prohi1liting H1e landing- of one-fifth of its income, in this way. ' ' ' alien insane we c:m calcnlate thnt at least 8,000 lunatics ha>e been Startling as these fig-nres are, there are otbers even more snrpris-ing. cnred for by the St.a.to of New York, which, calculated nt the lowest Of the inmates of the Stnte hospitals for the insane about one-half are ratio, makes over $25.000,000 tnat tho State bas expended, a sum which .foreign born. The logical inference ls that a · large number of lunn.tics proper inspection wonJd JaTgely bnV-e Elll>ed. or potential 1t1.lliltics are successful in passing the examination nt Ellis " fomc of us u re asldng- Uiis question : Island. ""VITlry Rhould New York Stnte not 11e Teimbursed by the Nntionnl Tlle nutborlty for these figures is :Ur. Goodwin Brown wbo has for Go;rrnmcnt fo1· this enormous cxpen11iture, since immip;ration is its many years been deeply interested in the question of insallity. :rfl'air and not the 8tntc'R; or why should there not he a Un-ited Stutes Mr. Brown was one of the State commissioners in lunacy clnr'ing the ho>:J)ital established .for t-heso people.'! This is tbc special point 1 wish :rears 18D5-9G. These were the years in which tlie State completed its to mnke. work of taking oyer from tbe local authorities the management of in "The State board of alienists has officially no power to depor:t im stitutions for the insane. Up to this time the various townships and mign:nts. They cnn do it only 1hrougb the Central Governme.nt ·hut cities had cared for their dcfecti;es, anrl tbc expense was spread out they lmye bccu do in~ splendid worl1:, and in seven years hnve rcmo•ntl · ov<;r n . large territory and among many uifi'erent bonrds. ·when con through the order of the United States Go-vernmcnt over 3,700 pe1~sons, sol1<1a tion took place, howe\er, it became possible to sec just how enor tb11s sa>ing the State ·three and a f]Uartcr miUions dollars. mous were the sums spent on hospitals for tbe insane, -:.rncl those who "Last year J. .100 insane were Rent .from the New York State HoRpitnl. were in.terested in ~he subject felt tbe need of further legislatfon. Of thm~e :Hfi were sc.nt .to Europe by a wn:rr:lllt of tbe Uuitc(1 .States, ~Ir. Brown has rn the _pnst worked to secure legislation from Con nnr1 the retnrn of 4'..!fl wall secured by the State g-overnmcnt or hy gress in rel?'an1 to the aHen insane, nnd bas also ·appcureu before the fl:icn Stnt~ conrts, shall be made returnable to the court. respectively, to H np pretty soon we are lWt goiug reach a yote upou it at be held at ihe city of Corpus Christi, and nil prosecntioo.s for offenses to committed in any of snid ronnties shall be tried in the said -district lli is session. court at tbe city of Corpus Christi : Provided, Tbat no process Issued l\Ir. BACOJ. 1-1.ie Senator is uot :u11icip.ati11g, certainly, an or •prosecution ooruroenccd or snit lui:;tituted befor~ tbe passnge of this nd.ionmmcnt of Congress in the Yery near future. net sbull be in nny way nffocted by the provisions hereof. SF:c. 4 . T1.rnt the clerk of the district court of said division shall l\lr. SUTHERLAND. No; but I .tllink we lrncl better make maintain nn oflice. In chnrg-e of himself or a deputy, at tbe said city of sorue beadm::.y with it. · Corpm; Christi, which shall he kept open at all times for the transac Mr. n. CON. I do not object nt nll to the notice the Senator tion of tbe business of said division. has given of his desire to svc.1k, but I llove the bill will not be Tlle nrnendment was agreed to. taken up regalarl.s to-morrow. 'l'be \Jill wns reported to tile Senate as amended, and tlle nmcndruent was concurred in. COTTON GINNERS' 1::-lTATISTICS. Tbe amendment wns ordered to be engrossed and tile hill to Mr. S~ITTH of Soutll Carolinn. I nsk unanimous consent for be rend a iliird time. the vresent consideration of the joint resolution (S. J. Iles. 62) The bill was read the third time and passed. relating to cotton statistics. Tbere being no objection, the Senate, ns in Committee of the COMMITTEE SERVICE. Whole, proceeded to consider the joint resolution which bad l\fr. Sffi.VELY. At bis request, I prefer tlle request of ibe been reported from tile Committee oa Agriculture nnd For senior Senator from 1\faryland [Mr. RAYNER] tilat be be i~e estry, with nn nrnendment, to strike out all after the rei-:o h-ing lieY-ed from further scn·icc upon the CommUtee on the Geo clause and to insert: logica1 Survey. Tbnt U1e Director of the <;enst~s be, und be is hereby, authorized and Tl.le VICE PRESIDENT. Without objection, the request is directed to collect and publish, m conuection with the glnners' report granted. of cotton production pro•ided for in section !) of an act of Con"Tess entitled ".\n net to pro•ide for n permanent Census Office" app1?oved l\lr. SHIVELY. I tender the following resolution. l\1nrch G, 190:!, statistics of the number of 1.Jnles of cotton consumed in Tl.le resolution was rend, considered by unanimous consent, manufacturing- establishments of eYery clrnracter. the number of bales and agreed to, as follows: owued by such mn.nufacturin;r csta!Jlishments, and th0 number of bales exported. The statistics sbnll be collected and published in the same Rc11olvccl, Thnt Senator GEonoE E. CHA!IIDEnLAI"N" is bereby appointed manner n.nd under the snme rules nod re~ulations ns the ginners' reports a member of tbe Committee on the Goologicnl Survey n.ncl chairman of a.re collected and pul.Jlisbed, except tbnt tbe statistics herein pro>ided said committee. for shall l>e collected and pu!Jlisbed montl.Jly, and dl!rini;: the months runLIC DUILDfNG AT :ROSEilUilG, OUEG. "hen the Census Bureau publishes glnners' rP.ports. Tim statistics herein proYided for shnll be published at the same time and in the same M:r. BOUR1'"E. I ask 1.manimous consent to call up the bill manner tl.Jat the monthly ginners' revort is puhlisbed. ( S. G110) to provide for tbc erection of a public building on a SEC. 2. Tbn t the Director of the Census shall' furnish to the Bureau of Slatistics of tbe Department of A~riculture. immediately prior to tbo site aircndy acquired at IlosDburg, Oreg. publirntion of encl.J report of that l.Jureau regarding tbe cotton crop, Thero being no objection, the Senate, as in Committee of the the stntistics hcreinbefore mentioned, anc1 tbe said Depnrtment of Agri culture sliall publlsh tbe i:;ame in connection with eacl.J of its repo-rts Whole, proceeded to consider the bi1J, which I.lad been reported concernln.::I' cotton. from tile Committee on Public Buildings and Grounds witll nn 8EC. 3. That the joint ·rc.solutlon appro>cd February u, 1905, also the amendment in line D, before tile word "tbousancl," to strike joint resolution approved March 2, 1!)09, nnd all other Laws n.nd pnrts of Jaws inconsistent wltb the provisions of this resolution arc hereby out " fifty" and insert "twenty-five," so as to make tllc bill repealed. read: Mr. SMOOT. I should like to ask tile Senator if this is a Be it enacted, etc., Tbut the Secretary of the Treasury be, nnil be is h ere!Jy, authorized and directed to enter into contrncts for the construc unanimous report from tile committee? t.ion of :.t snitn.ble building for post office and other Government pur 1\Ir. S.IITH of South Carolina. Jt is, and the joint resolu poses npon the site already acquired in the city of Roseburg, Oreg., at a total limit of cost for said building, including mecbanlcal equipment, tion is also indorsed l>y tile department. hen.ting, >cntilating, etc., of $12u,OOO. Ur. Sl\IOOT. I !Oee no published report with the joint reso The mnendment was agreed to. lution, and I desire to ask whether the depnrtmcnt agrees Tl.le bill was reported to the Senate as amended, and the with it. nmendmcnt was concurred in. 1'1r. Sl\II'l'H of South Carolina. It llns indorscd it. Tl.Jc bill was ordered to be engrossed for a third reading, read 1\Ir. SMOOT. Then I have no objection to the joint resolu tion. tile tilird time, and pa~8ed. 'l"lle VICE PRESIDENT. The question is on !lgreeing to the HOuR OF MEETING ON TUESDAY. nrnendrncnt whicll llas been stated. Ur. SUTHERLAND. I moYe that when the Senntc adjoums '.rho amendment was agreed to. to-dny it l.>e to meet to-morrow at 12 o'clock meridian. The joint resolution was reported to the Senate as amended, The motion was agreed to. nn ESTATE OF \\ILLIA~I II. ABilOTT AND OTHERS. _ Tbere being no objection, the Senate, as in Committee of the 1\lr. OLIVER. I ask unanimous consent to call up for present Whole, proceeded to consider the bill, which had been reported con~ic1em tion tllc bill ( S. 4254) for the relief of the estate of from the Committee on .Military Affairs with amendments, iu William H. Abbott and others. line G, after tlle word "Volunteer," to strike out "Infantry" '.fhere being no objection, the Senate, as in Committee of the and insert '; CnYulry" ; in line 0, after the word "September," Whole, proceeded to consider the bill. It proposes to pay to to strike out "twentieth" and insert "fourteenth"; and in the personal or legal representatives of the following estates, line 10, after the word "sixty-five," to insert "Pro,,;idecl, That which pnid trrxes in the reunsyl•aniu internal-revenue districts, no pension shall accrue prior to the passage of this act," so as unmely, estates of William H. Abbott, George E. Bent, :Myra to make ibe bill read : Bnlwr, :Matilda Ann Cullen, Henry 0 . Hurlburt, William Ked Be it enacted, etc., That in the administration of the laws relating to pt'nsions and to admission to the National Home for Disabled Volunteer wnrd. Edward Lewis, Mary 1\IcGuckian, Andrew H . Miller, Soldiers, John Gray, late of Company D, First Regiment Colorado Vol Cordelia l\Iorris, Lucy H. Shober, Charles L . Warner, Henry unteer Cavalry, shall hereafter be held and considered to have been WlJeleu, Eliza D. Klein, John E. Watt, Albert C. L. Hofmeister, honorably discharged from the military service of the United States as a member of said company and regiment on September 14, 1865 : Pro ancJ .James l\forton, such sums of money as ba•e been in auy vided, That no pension shall accrue p1·ior to the passage of this act. mnnner collected from those estates as internal-re-venue taxes paid on legacies ancl clistributiYe shares of personal property to The amendments were agreed to. the United States under the war-re-renue act of June 13, 1803. The bill was reported to the Senat-e as amended, and the The bill was reported to the Senate without amendment, amendments were concurred in. ordered to be eugrossecl for a third reading, read the third time, The bill was ordered to be engrossed for a third reading, read and passed. the third time, and passed. WITIIDRA W ALS OF PUBLIC L.\NDS. The titie was amended so as to read: "A bill for the relief of John Gray." l\lr. S:\IOOT. I ask unanimous consent for the present con shlern ti on of tlJe bi11 ( S. GGID) to amend section 2 of an act to INTERNATIO:N"AL CONFERENCE ON HIGH COST OF LIVING. authorize the President of the United States to make with Mr. CHAWFORD . I ask unanimous consent for the con drawals of public lands in certain cases, approYed June 25, ln10. sidern ti on of the bill ( S. 5735) to enable the President to i1ro '.fllere being no objection. the Senate, as in Committee of tho pose and invite foreign Governments to participate in an inter Whole, i1roceeded to consider tlle bill which had been reported national conference to promote an international inquiry into the from the Committee ou Public Lands with amendments, on page causes of tlle high cost of living throughout the world and to 2. liue 1, after the words "apply to," to strike out "metallifer enable the United States to participate in said conference. ous minerals" urnl insert "minerals other than coal, oil, gas, There being no objection, the Senate, as in Committee of the plJ o~p hates, potash, and nitrates"; and on page 3, line 1, before Whole, proceeded to consider the bill. the word " additious," to insert "any," so as to rend: The bill was reported to the Senate without amendment, · SEC. ~. That all lands withdrawn under the provisions or this act ordered to be engrossed for a third reading, read the third time, shall at all times be open to exploration, discovery, occupation, and and passed. pm·chase und<'r Lhe mining laws of the United States, so far as the same apply fo minerals other than coal, oil, gas, phosphates, potnsb, PUTILIC Bl.i"'I LDINO AT CIIA.RLES TOWN, W . VA. and nitrates: Provided, That the rights of any person who, at the date of any orclet· of withdrawal heretofore or hereafter made, Is a bona Mr. WATSON. I ask unn.nimous consent that the Senate pro fide occupant 01· claimant of oil or gas bearing lands and who, at such ceed to the consideration of the bill ( S. GS14) to provide for the date. Is In the diligent prosecution of work leading to the discovery of oil 01· gas. shall not be affected or lmpni red hy such order so long as erection of a public building at Charles Town, W. Va. such occnpant or claimant shall continue in dillg-ent prosecution of said There being no objection, the Senate, as in Committee of tlle wol'k: ProL'iderl further, That this act shall not be construed as a rec Whole, proceeded to consider the bill, which had been reported ogni tlon, abridgment, or enlargement of any asserted rights 01· claims initiated upon nny oil or gas lle:i.l'ing lands after any withdrawal of from tbe Committee on Public Buildings and Gronnds with an such lands made priol' to June ~3. 1!)10: And provi By un:rnlmons consent. th~ Sennte, ns in Committee of the to strike out "the" and insert "that," so as to make the section Whole, proceeded to consider the bill, which hnd been reported read: from the Committee on Militnry Affairs, with an amendment, SEC. 4. That in order to carry into effect this act permission is in line 9, after the wor including purchase of site, construction of huilding-s and ponds, and and for charging and collecting fees for such copies. The cu-pies so equipment, at some suitable point to be selected by the Secretary of alrt:.henticated shall be admissible in evidence in like manner and to the Commerce and Labor : Provided, That before any final steps shall have same extent as copies authenticated under section 882 of the Ilevis;ed !Jeen taken for the construction of a fish-cultural station in accordru1ce Statutes. Upon fall and final payment being mn.de for all a.mounts one with this bill, etc. to the United States · or its successors in control of the project, the United States or its successors, as the caRe mn.y be, shaU issue upon The amendment was agreed to. request a certificate certifyjng that payment .in full bas been made and Tlle bill wns reperted to the Senate as amendecl, und the that the lien upon the land has been satisfied and is no longer of any amendment was concurred in. force or effect. The bill wns ordered to be engrossed for a third rending, read So ns to make the bill read : the third time, and passed. Be it enacted, etc., That from and after the filing "\'r'ith the Com.mis PRESIDEN'.H.A.L PRDIAilY IN DISTRICT OF COLUMBIA. sioner of the General Land Office of satisfactory proof of residence im provement, and cultivation, as required by tbe laws relative to ac~uir ~IT. BH.ISTOW. I ask unanimous consent to cull up Senate ing a homestead upon the public domain, patent sh.all be granted and issued to persons who have made or shall make homestead cnt11es !Jill 2234. within reclamation projects under certain provisions of the act of The VICE PRESIDENT. The bill will be read by title. June 17, 1902, the same as though said entry had been ma.de un.d.er the The SECRETARY. A bill ( S. 2234) to provide for a primary general homestead act. SEC. 2. That every patent issued under this act shall expressly re nominating election in the District of Columbia, at which the serve to the United States a lien on the land patented, together with qualified electors of the snid District shall have the opportunity all water ri~hts appurtenant or belongins tllereto, superior to all other to >ote for their first and second choice among those aspiring to claims and demands whatsoever attaching to said ln.nd s after the m.n..k ing of the entry for the farm unit or the filing of the appllcation (o be candid.ates of their respecti>e political parties for President purchase said water right for said land, for all amounts then due and and Vice President of the United States, to elect their party thereafter to become due to the United States or its successors in l.IJ.e delegates to their national conventions, and to elect their control of the project on account of such entry or water .rigbt. Upon default of payment of any amount so due title to the land sb.a.11 pass national committeemen. to the United States free of all encumbrance subsequent to the entry of Mr. LODGE. Mr. President, in the absence of the Senator tbe farm unit or the application to purchase water right for the sald. who reported the bill adversely, it seems to me we hardly ought l.n.nds, subject to the right of the defaultirig dcJJtor or any mortgagee,. it by lien bolder, or judgment debtor to redeem the land within one ycu.r to put through unanimous consent. after the default shall ba>e been adjudged by payment of all moneys The VICE PRHSIDENT. Does the Senator from l\.fassachu due, with 4 per cent interest and costs. And the United States at its setts object? option may cause land to be sold at any time after such default is ad- .Mr. LODGE. I object. judi;ed, and from the proceedR of the sale there shall be paid into the reclamation fund all moneys due, wtth interest as herein provided, aud The VICE PRESIDE..i.:rr. The Senator from Massacllusctts costs. The balance of. the proceeds. if any, shall be the property of the objects. defaulting debtor: l'rovidcd, That in cn.se of a sale after default under ESTATE OF FERNANDO VALDEZ. this section the United Stat.cs shall be authorized to bid in such land at not more than tbe amonnt in default, including interest and costs. l\Ir. BRYAN. I ask unanimous consent for the present con The I.and acq:ulred by tile "'Gnit ed States under thiR section may be open sicleration of the bill ( S. 4098) for the relief of the estate of to entry, in the discretion of the Secretary of ~he Interior. Jurlsdiclion of suits by the United States for the enforcement of tbe p-rovis.ions of Fernando Valdez, deceased. this section, by foreclosure or otherwise, is hereby conferred upon the Tb.e Secret:rry rend tlle bill; and there being no objection, the United States district court far the district wherein the I.and or any Senn.te, as in Corumittee of the Whole, proceeded. to its con part thereof is situated. sideration. It proposes to pay to the estate of Fernando Valdez, The amendments were agreec1 to. . lute of Key West, Fla. (internal-revenue district of Florida), Mr. BORAH. Now, Mr. President, I uruierstand th.c SCIU.ltor such sums as ha >e been in any mnnner collected from the afore from Nevada desires that the bill shall go over. said estate as internal-re-venue taxes paid on legacies and dis Mr. NEWLANDS. I should like the bill to go over until tributi"ve shares of personal property to the United States Wednesday. under the war-revenue act of June 13, 18DS, such sums to be i\Ir. BORAH. Very welL refunded in accord:mce with the decision of the Supreme Court The VICE PRESIDENT. ' The Senator from Idaho withdraws of tbe United States in the case of Knowlton against Moore the bill for the present. (reported in United States Supreme Court reports, \Ol. 178, RETIREMENT OF OFFICERS IN FHILIPl'INE SCOUTS. p. 41), any statute of limitn'tion to the contrary notwithstanding. Mr. SHIVELY. I ask unanimous consent for the present The bill \\'US reported to the Senate without amendment, considern..tion of the bill ( S. 1G73) providing for the retircmcn.t ordered to be engrossed for a third reading, read the third time, of certain officers of the Ilhilippine Scouts.. and passecl. There being no objection, the Senate, as in Committee of the HO:l!ESTEADS UPON RECLAliATION PROJECTS. Whole, proceeded to consider the bill. It provides thnt :my per Mr. BORAH. I ask unanimous consent for the consideration son who serrcd at any time in the Volunteer Army in the Civil of the bill ( S. 5G45) providing for the issuing of patents to War, who hn.s heretofore sen·ed as captain in the Philippine entrymen for homesteads upon reclamation projects. Scouts, who has since been retired as an enlisted man, and Mr. 1'.'°EWLAJ\'DS. l\lr. President, I should like to hayc the whose time of actun.1 service in the regular and volunteer forces nature of the bill stated first. of the United States shall aggregate more thun 40 years, and The VICE PRESIDENT. The Secretary was about to read whose aggregate of services, together with certificates of merit the bill. It mny be that the Sena.tor from Idaho can explain and honorable service, when computed as provided by existin'g it in less time. ln.w for the retirement of enlisted men, shail amount to not Mr. BORA.II. The Senator from Nevada hns just spoken to less than GO years, mny, upon nomination by the President nrnl me; and if he does not want to go ahead at this time I should by and with the advice n.nd consent of the Senate, be placed at least like to ha>e the bill read an district in which such service is made, and not less than 20 dnys delegates for or against any c:rndiclate for the Presidency, and before the time of such hearing. The return of service shall be made by the United States marshal directed by the judge issuing the same so forth. . as aforesaid, and upon and after the date mentioned in such notice, Tlle VICE PRESIDENT. Is there objection to the present wllen the same ha,; been served as above prescribed, the alleged oITender consideration of the resolution? sball be assumed to be arrested and present in court at the place d t"sig natetl in said summons, and may be pro.ceeded against, and all orders l\Ir. SMOOT. Mr. President, I believe that resolution will re and· judgments a gainst it may be enforced with the same force and quire some little discussion, and I ask the Senator to let it go effect as if such offender bad appeared personally or by attorney. over until more Senators are present that at this time. The bill was reported to the Senate without amendment, or Mr. BRISTOW. Of, course, if the Senator objects, I sha11 dered to be engrosseu for a third reading, read the third time, haYe to let it go over. and pnssed. The VICE PRESIDENT. The resolution will go over. E XPERIMENTAL STATION NEAR MANDAN, N. DAK. FISH-CULTURAL STATION IN OKLA.HOMA.. l\Ir. GHONNA. I ask nnnnimous consent for the present con l\Ir. O""WEN. I ask unanimous consent for the present con siuerntion of the bill ( S. 222) to establish an agricultural plant, sideration of the bill ( S. 457) to establish a fish-cultural station shrub, nnd tree experimental station at or near the city of Man in the State of Oklahoma. dan, \Yest of the Missouri River, in the State of North Dakota. '.rhere being no objection, the Senate, as in Committee of the Tl:Jere being no olJjection, the Senate, as in Committee of the Whole, proceeded to consider the bill, which had been reported Whole, proceeded to consider the bill, which bad been reported from the Committee on Fisheries with an amendment, on page from the Committee on Agriculture and Forestry with an amend 1, line 9, after the word " equipment,'' to insert: ment, on page 1, line 4. after the word "shrub," to strike out Provided, That before any final steps shall have been taken for the " nncl tree" ancl insert "fruit and ornamental tree, berry, and construction of a fish-cultural station in accordance with this bill, the -vegetable " ; and on page 2, Hne 2, before the word " lands," to State of Oklahoma, through appropriate legislative action, shall ac cord to the United States Commissioner of Fisheries and his duly strike out "prairie" and insert "semiarid," so as to make the authorized agents the right to conduct fish hatching and all operations bill read: connected therewith in any manner and at any time that may by them lJc it enacted, etc., That for the purpose of establishing an agricul be considered necessary and proper, any fishery laws of the State to the tural plant, sbrnb, fruit and ornamental tree, berry, and vegetable ex- contrary notwithstanding: And providecl further, That the operations 11 erimental station at or near tlle city of l\Iandan, west of the Missouri of said hatchery may be suspended by the Secretary of Commerce and Ri>er, ·in the State of North Dakota; for the purchase of a suitable site Labor whenever, in bis judgment, the laws and regulations affecting the and n ecessary farming land, to be selected by the Secretary of Agricul fishes cultivated are allowed to remain so inadequate as to impair the ture; for tbP. erection of buildings and other improvements to adapt efficiency of said hatchery. such site to the purpose of making it an experimental farm to demon So as to make the bill read: strate the kind and character of plants, shrubs, and trees best adapted Bc. it enacted, 6tc., That the Secretary of Commerce and Labor be, to the climatl' and soil of the semiarid lands of the United States. and and he is hereby, authorized and directed to establish a fish-cultural for the purchase of necessary stock and machinery, the sum of $100,000, station in the State 01' Oklahoma, at a suitable place to be selected by or so much thereof as may be necessary, be, and the same is hereby, him, and for said purpose the sum of $25,000, or so much thereof as appropriated. may be necessary, is hereby appropriated for the purchase of site, con The amendments were agreed to. struction of buildings and ponds, and equipment: Provided, That before The bill was reported to tlle Senate as amended, and the any final steps shall have been taken, etc. amendment was concurred in. The amendment was agreed to. The bill was ordered to be e9grossed for a third reading, read The bill was reported to the Senate as amended, and the the third time, and passed. amendment was concurred in. The title was amended so as to read: "A bill to establish an 'l'he bill was ordered to be engrossed for a third reading, read agricultural plant. shrub, fruit and orna.mental tree, berry, and the third time, and passed. vegctnble experjmental station at or near the city of Mandan, FISII-CULTURE STATION IN SOUTH DAKOTA., west of the Missouri River, in the State of North Dakota." Mr. ORAWFORD. Mr. President-- FISH-CULTURAL STATION IN THE STATE OF WASIIINGTON. Mr. BRANDEGEE. I move that the Senate proceed to the Mr. JONES.. I nsk unanimous consent for the present con consideration of executive business; but pending that motion, sideration of the bill (S. 4550) to establish a fish-cultural sta I will yield to the Senator from South Dakota, if I may. tion in tlle State of Washington. l\Ir. ORAWFORD. I ask unanimous consent for the present There being .no objection, the Senate, as in Committee of the consideration of the bill (S. 365) to establish a fish-hatching Whole, proceeded to consider the bill, which bad been reported and fish-culture station at a voint in the eastern portion of the from tbe Committee on Fisheries with amendments. State of South Dakota to be selected by the Secretary of Com The first amendment was. on page 1, line G, after the word merce and Labor. "Riv er,'~ to insert" or its tributaries"; in line 6, aftc,r the word There being no objection, the Senate, as in Committee of the "or,'' to insert "on "; and in the same line, after the word Whole, proceeded to consider the bill, which had been reported "Lake," to insert" Quiniault,'' so as to read: from the Committee on Fisheries with an amendment on page That the Secretary of Commerce and Labor be, and he is hereby, au 2, line 3, after the word "selected," to insert: thorized and directed to est·abllsh .a 1isb-cultural station in the State of Provided, That before any final steps shall have been taken for the Washington on the Quiniault River or its tributaries or on Lake Quini construction of a fish-cultural station in accordance with this bill, the ault, and for said purpose the sum of $:!5,000, or so much thereof as State of South Dakota. through appropriate legislative action, shall· may be necessa l'Y, is berel>y appropl'iated for the purchase of site, con accord to the United States Commissioner of !fisheries and llis duly sh·uction of buildings and ponds, and equipment. authorized agents tile right to conduct fl.sh batching and all operations connected therewith in any manner and at any time that may by them 'l'he amendment was ngreed to. . be considered necessary and proper, any fishery laws of the State to the The next amendment was, on page 1, after line 9, to insert: contrary notwithstnnding: And provided further, Thnt the operations of r1·ov idcd, That before any final steps shall have been taken for .the sald hatchery may be suspended by the Secretary of Commerce and cons truction of a fish-cultural station in accor HOUSE DILL REFERRED. Maj. William H. Johnston, Infantry, unassignetl, to l.>e lieu H. R. 23246. A bill nppropriating $~00,000 for the rmrpose of tenant colonel from lHnrcll 2 , 1D12, Yice Lieut. Col. Lyman W. nutiutaining ann protecting against the impending flood tlle V. Kennon, -Four:teenth Iufantry, promoted. len~es on the :Mississippi River and rivers tributary tilereto Maj. Benjamin W. Atkiusou, •Fourth Infuntry, to be lieutenant wns read twice by its title and referred to the Coilllllittee on colonel from March 30, 1D12, Yice Lieut. Col. Abner Pickering, Commerce. Ninth Infantry, aclvancecl to the grade of colonel under tbe })re PRESIDENTIAL .A.rPROV .AL. visions of an act of Congress approved March 3, lflll. Mnj. Fielder M. 1\1. Beall, Twenty-eigbtll Infantry, to be lieu A message from the President of the United States, by Mr. tenant colonel irom March 30, 1012, Yice Lieut. Col. Jolln H . Latta, executive clerk, aunounced that the President had on Beacom, Sixth Infantry, uetailed as inspector general on tlmt the 13th instant appro\·etl nnd signed the following act: date. S. 3475. An act ertending the time ·of payment to certain Capt. Palmer E. Pierce, .Thirteenth Infantry, to be major from homesteaders on the Cheyenne RiYer Indian Heservation, in the March 28, 1912, vice _l\Inj. William R. Sample, Third Infantry, Stnte of South Dakota, and on the Standing Rock Indian Rese.r detailed as adjutant g neral on tllat dnte. rntion, in the States of South Dakota and North Dakota. Capt. Charles G. French, Twenty-fifth Infanh~, to be major MISSISSIPPI RIVER FLOODS (II. DOO. NO. 688). from l\Inrch 30, 1912, Yice Maj. Benjamin W. Atlduson, Fourth The VICE PRESIDE.... J•.r lo.id before the Senate the following Infanti~, promoted. message from tlie President of the United States, which was Capt. Lutz Wahl, Infantry, unassigned., to be major from rend, referred. to the Committee on Commerce, and ordered to ::Uarch 30, rn12, Yice l\.Io.j . Fielder :JU. l\I. Beall, "Twenty-eighth be printed: Infanh·y, promoted. First Lieut. Philip Powers, Eighth Iufantry, to be cnptnin To tlze Senate an cl House of .Representatives: from March 28, 1912, vice Capt. Palmer E. Pierce, Thirteenth I trammit llcrewith communication from the Secretary of Infantry, promoted. War, in which he sets out the necessity for an additional appro First Lieut. Frank C. Burnett, First Infnntry, to be cavtain priation to meet the expenses which have been incurred and from l\Iarch 30, 1912, vice Capt. Charles G. l!'rench, Twenty.. n.re likely to be incurred by -the War Department in meeting fifth Infantry, promoted. the emergency of the present floods upon the Mississippi .River First Lieut. Collin H. Tiall, Infantry, unnssignecl, to be cap~ nnd its tributaries. tuin from 1\Iarch 30, 1012, vice Cnpt. Freclerick W. Co1ema.n, Tbe estimates include an estimate of $300,000 from the Chief Tenth Infantry, detailed as commissary on that date. of Engineers, in addition to the $350,000 already appropti:rted, Second Lieut. Hernllon Sharp, Eigllteenth Infantry, to be to be usecl for the same purpose as the original appropriation first lieutenant from M:uch 28, 1912, vice First Lieut. Philip ju protecting levees against impending floods. It applies to the Powers, Eighth Infantry, promoted. tr.ijmtaries of the ~lississippi as well as the main river, but docs Second Lieut. Eugene Santschi, ,ir., Fifteenth Infantry, to bo _not inclucle any estimate for damages already caused in districts first lieutenant from l\1arch 20, 1n12, vice First Lieut. Walter 0. where the crest of the flood has passed. Bo\Vman, Second Infantry, retired from actiye serviac 1\1nrch The Quartermaster General estimates that an expenditure of 28, 1912. $275.000 will l.>e required to cover the expenses which he is Second Lieut. Willian:i A . Ga~oe, Seventeenth Infantry, to be incurring, and will be obliged to incur, in furnishing shelter, first lieutenant from :March 30, 1912, vice First Lieut. Frank C. "forage for cattle antl horses, transportation, etc. .Dur.nett, ·Flrst Infantry, promoted. Tbe Commissary General estimates that .he will require the Second. Lieut. Elmer .F . Rice, Fourteenth Infantry, to be .first sum of $212,879.11 to cover the expense of the rations which lieutenant from March 30, 1912, vice First Lieut. C. Stockmnr he is supplying, and will 1.Je obliged to supply, to the thousands Bendel, Seventh ·Infantry, cletaclled from his proper co.mmancl. of destitute persons in the flood regions. PAY DEPA.TITAIENT. Tbe crest of the flood is now reachlng the lower portion of Lieut. Col. Hamilton S. Wallace, Deputy Paymaster General, the Mississippi where the country is -flatter, and where the danger to the le1ees is at least as great as abo1e, and where to be Assistant Paymaster General with tile rank of colonel from February 16, 1912, vice Col. George TI.. Smith, appointed. Pay~ tlle damage ancl loss to persons and Jn·o11erty, if crevasses occm·, will be far greater tlJ:m on the upper riYer, necessitating master General. even a gren.ter amount of relief work than that already incurred. PnOMOTIONS IN THE NAVY. · Tllese estimates hnve been carefully mo.de, and are basecl on Ensign William H. O'Brien, jr., to be an ensign in the Nnvy, communications from officers of the .Army now upon the ground from the 7th dny of l\Iarch, 1012, in accordance with the pro superintending the relief and engineering work. visions of an act of Congress approved on thnt ante, to correct I respectfully urge upon Congress the importance of meeting the error in his name ns confirmed on l\Iarch 18. 1012. this great emergency. The estimates, copies of which are trans Gunner Edwin Alberts to be a chief gunner in the Navy, from mitted herewith, have been sent regularly to the Secretary of the 22<1 day of 1\farcll, 1912, upon tlle comPietion of six years' tile Treasury to be submitted iu Congress. service as a gunner. · W.u. H . TAFT. POSTUA.STEI:. THE WRITE IlousE, April 15, 1912. LOUISIANA. EXECUTIVE SESSION. George II. Burnham to be postmaster at Amite, La., in placo of Edson ·E . Burnham, resigned . .l\lr. BRA.~"'DEGEE. I now renew my motion that the Senate proceed to the considemtion of executiye business. The motion was agreed to, and the Senate proceeded to the CONFIRMATIONS. consideration of executi1e business. After five minutes spent Bwecutive nominations confir·med by the Sen.ate ilpl'il 15, 191'2. in executive session the doors were reopened, and (at 5 o'clock CONSUL. and 40 minutes p. m.) the Senate adjourned until to-morrow, Tuesday, .April 16, 1912, at 12 o'clock m. .Percival Gassett, to 1.Je consul at Iquique, Chile. UNITED STATES ATTOl!XI:.'Y. NmII.i~ATIONS. Frederick A. Scott to be United States attorney for the district of Connecticut. Exocu,tivc nominations rcccii;ca by the Senate April 15, 1912. A.J:>POINT]l[ENTS IN THE AnllY. PnoAIO-TIONH IN THE .AR.MY. COAST .AilTILLERY conrs. INFANTRY Ailhl. John Absalom Baircl. to be second lieutenant. Lieut. Col. Abner Pickering, Nintil Infantry, to be .colonel COUPS OF ENGINEERS. from l\Iarch 30, 1912, under the provisions of an act of Con Wistar Morris Chubb to be probational second lieutenant. gress apprornd l\Iarch 3, 1911, "for adrnncement in grade in ac INFANTRY .A.Illl. cordnnce \Vith the rank he would have been entitled to hold hnd Moses King Goodridge to be second lieutenant. promotion been lineal throughout his arm since the date of his entry into the arm to w.hich he permanently belongs. PRO:l!OTIONS IN TIIE AR"lIY". Lieut. Col. Lyman W . V. Kennon, Fourteenth Infantry, to be CO...\ST ARTILLEllY conrs. colonel from .l\farch 28, 1912, "Tice Co1. Colrtlle P. Terrett, Lieut. Col. Ira A. Ha~es to be colonel. Eigllth Infantry, retired from active sen-ice March 27, 1912. Maj. Archibald ,Campbell to be lieutenant coloneL Lieut. Col. Charles G. Morton, Infantry, unassigned, to be Capt. Marcellus G. Spinks to be major. colonel from March 30, 1912, vice Col. William L. Pitche.i:, unas Capt. Jacob C. Johnson to be maj01·. signed, retired from active service March 29, 1912. First Lieut. Chauncey L. Fenton to be captain. 1912. CONGRESSIONAL RECORD-HOUSE. 4803 First Lieut. Lucian B. Moody to be captain. incomes, which said resolution was by the legislature adopted and the said proposed n.mendment to the Constitution of tlle United States rati First Lieut. Donald C. l\fcDonul