11920 • . CONGRESSIONAL RECORD-. HOUSE. 1835 .
APPRAISER OF MERCH.ANDISE. SOUTH CAROLINA. Morris Sabath, of Chicago, Ill., to be appraiser of merchandise Malcolm J. Stanley, Hampton. in customs election district No. 39, with headquarters at Chicago, Thomas B. Madden, Columbia. to fill an existing vacancy. Arthur P. Horton, Heath Springs. RECEIVER OF PuBLIC MONEYS. Gabriel B. Ingraham, Hemingway. William R. Moore, Lancaster. Frank B. Kinyon, of Idaho, to be receiver of public moneys at James H. Sullivan, Laurens. Boise, Idaho, his present term expiring February 6, 1920. (Re William J. Hughes, Loris. appointment.) Andrew J. Bowers, jr., Ne"berry. UNITED STATES ATTORNEY. Iris Perry, Ridgeland. E. F. Aydlett, of Elizabeth City, N. C., to be United States Lillie B. Smoak, St. Matthews. attorney, eastern district of North Carolina, vice Thomas D. Ben Hal'per, Seneca. Warren, appointed by court. Nellie S. Moore, Simpsonville. UNITED STATEs MARsHAL. George I. Hutchinson, Summerville. 0. J. Lyon, of Greenville, S. C., to be United States marshal, William S. Bite, Batesburg. western district of South Carolina. .A. reappointment, his term expiring January 18, 1920. PROMOTIONS IN THE COAST AND GEODETIC SURVEY. HOUSE OF REPRESENTATIVES. The following-named officer of the United States Coast and Geodetic Survey in the Department of Commerce to be hydro WEn~TESDAY,' Janua'l'Y 21, lfmO. graphic and geodetic engineer (by promotion from junior hydro The House met at 12 o'clock noon. graphic and geodetic engineer) : The Ohap.laln, Rev. Henry N. Couden, D. D., offered the Ernest Werner Eickleberg, of New York, vice 0. W. S:wainson, following prayer : promoted. The following-named officer of the United States Coast and Our Father in heaven, when the world moves smoothly, the Geodetic Survey in the Department of Commerce to be junior sun shines brightly, the winds blow softly, business is prospering, hydrographic and geodetic engineer (by promotion from deck friends are many and hop~s run high, it is comparatively easy officer) : to be a Christian. Albert Mathis Weber, of the District of Columbia. vice R. R. But when adversities come thick and fast, the home is in· Moore, ·promoted. · vaded by death and our ~oYed ones are borne away, the heaYens seem overcast with dark and lowering clouds, friends deceive PROMOTIONS IN THE REGULAR ARMY. us and hope seems despairing, then it is that the loving arms INFANTRY. of a true and faithful God are aboUt us-to uphold, sustain and To be COl()lfl..6l. guide us. Then it is that we need the strong·a.rm of faith, the Lieut. Col. Lutz Wahl, Infantry, from January 6, 1920. eternal hope of the soul, and a love which fails us not. Increase om· faith, hope, and love in Thee, 0 God our Father, To be lieutenant colonels. and we will praise and magnify Thy holy name. In Jesus Maj. Edward T. Hartmann, Infantry (Quartermaster Corps), Christ our Lord. .Amen. from January 6, 1920. Maj. Frederick B. Shaw, Infantry, from January 6, 1920. The Journal of the proceedings of yesterday was read and approved. To be majors. LEAVE TO PBINT. Capt. Frederic G. Kellond, Infantry (General Staff), from Mr. CANNON. Mr. Speaker, I ask un~nimous consent to print January 6, 1920. in the REcoRD a speech made before the Illinois Manufacturers' Cnpt. Herbert L. Evans, Infantry (Quartermaster Corps), .A.ssocia~on in Chicago on the 9th day of January by the gen fTom January 6, 1920. tlema.n from Iowa [Mr. GooD] on the subject of a · national Cnpt. Harry D. 1\litchell, Infantry, from January 6, 1920. budget. To be captains. The SPEAKER. The gentleman asks unanimous consent to First Lieut. :Mark W. Cla.rk, Infantry, from November 7, 1919. print in the REcoRD a speech made by the gentleman from Iowa First Lieut. DavidS. numbough, Infantry, frem November 10, [Mr. Goon] before the illinois Manufacturers' .Association on the subject of a national budget. Is there objection? 1910. First Lieut. Francis J. Heraty, Infantry, from November 11, 1\fr. GARNER. Reserving the right to object, I should like to ask whether that was a political speech or an economic speech. . 1919. First Lieut. Donovan Swanton, Infantry, from November l1, ~Mr. CANNON. .An economic speech, as I understand it. Mr. GARNER. Then I have no objection. 1919. First Lieut. Francis A. Macon, jr., Infantry, from 11.\>'Vember The SPEAKER. Is there objection? 12, 1919. There was no objection. First Lieut. Laurence B. Keiser, Infantry, from November 12, CALENDAR WEDNESDAY. 1919. The SPEAKER. This is Calendar Wednesday. The Clerk First Lieut. Horner C. Brown, Infantry, from November 13, will c..:1ll the committees. 1919. Th~ Committee ..on Patents was called. First Lieut. Clare H. Armstrong, Infantry, from November 18, TRADE-MARKS AND COMMERCIAL NillES. 1910. Mr. NOLAN. Mr. Speaker, by direction of the Committee on Patents I call up the bill (H. R. 9023) to give effect to certain CONFIRMATIONS. provisions of the convention for the protection of trade-marks Ehtectrti'lie nominations con{~.rtned by the Senate January 21, 1920. :and commercinl names, made and signed in the city of Buenos Aires, in the Argentine Republic, August 20, 1910, and for other ASSISTANT TREASUltER OF THE UNITED STATES. purposes. Guy F. Allen to be .Assistant Treasurer of the United States. The SPEAKER. The gentleman calls up a bill which is on REGISTER OF LAND OFFICE. the Union Calendar. Under the rule the House resolves itself Thomas J. O'Keefe to be register of the land office at Alliance, into the Committee of the Whole House on the state of the Union, and the gentleman from 1\lichiga.n [Mr. CRAMTON] will take Nebr. the chair. RECEIVER OF PUBLIC MoNEYs. .Accordingly the House resolved itself into the Committee of John C. 1\lorrow to be receiver of -public moneys at Alliance, the Whole House on the state of the Union for the consideration Nebr. · of H. R. 9023, with Mr. CRA:M:ToN in the chair. PosTMASTERS. The CH.Am:MAN. The Clerk will report the bilL CONNECTICUT. The Clerk read as follows: Albert E. Wellman, Torrington. Be it enacted, etc., That the Commissioner of Patents shall keep a register of all marks communicated to him by the international bureaus NEVADA. provided for by the convention for the protection of trade-marks and commercial names, made and signed in the city ·of Buenos Aires, in the Heward C. Mulcahy, Sparks. Argentine Republic, August 20, 1910, in connection with which the fee Harry H. Mayer, Elko. of $50 gold for the international registration established by article 2 .1836 CONGRESSIONAL RECORD-HOUSE . J ANU.ABY 21~}
of that convention has been patd, which register shall show a facsimile • I of the mark; the name and residence of the registrant; the number, Mr. NOLAN. That is correct. date, and place of the first registration of the mark, including the date Mr. LITTLE. Why this frantic haste to enact this bill int~ on which application for such registration was filed and the term of law? Why not wait another 10 ·years? . such registration, a list of goods to which the mark is applied as shown by the registration in the country of origin, and such other data as may Mr. NOLAN. If the gentleman will give me an opportunity1 be useful concerning the mark. to explain the bill, he will become acquainted with the facts. SEc. 2. That whenever any person shall deem himself injured by the Mr. LITTLE. That is just what I want to get. inclusion of a trade-mark on this register, he may at any time apply to the Commissioner of Patents to cancel the registration thereof. The Mr. NOLAN. If the gentleman will give me time to explain commissioner shall refer such application to the examiner. in ch3;rge the measure, there will not be any necessity for his questions. of interferences, who is empowered to hear and determine this questiOn, Mr. LITTLE. What is the hurry about this? We have waited and who shall give notice thereof to the registrant. If it appear after a hearing before the examiner that the registrant was not entitled to only 10 years already! the exclusive use of the mark at or since the date of his application for Mr. NOLAN. Only in the last few years have the northern registration thereof, or that the mark is not used by the registrants section of the South American Republics ratified the convention, or has been abandoned, and the examiner shall so decide, the commis sioner shall cancel the registration. Appeal may be taken to the com They have now ratified it, and so has the Republic of Cuba·. missioner in person from the decision of the examiner in charge of At the present time there is established at Habana a bureau interferences. for the registration of trade-marks and commercial names. This SEc. 3. That any person who shall willfully and with intent to de ceive affix, apply, or annex, or use in connection with any article or gives an opportunity to American manufacturers and those in articles of merchandise, or any container or containers of the same, terested in the protection of trade-marks and commercial names a false designation of origin, including words or other symbols, tending to go to the Patent Office or file with the Commissioner of Pat to falsely identify the origin of the merchandise, and shall then cause such merchandise to enter into interstate or foreign commerce, and any ents a registration, and for the sum of $50 American trade person who shall knowingly transport such merchandise or· cause or marks, trade names, and commercial names are given protection procure the same to be transported in interstate or foreign commerce or in all of the Central and South American ~epubllcs and in the commerce with Indian tribes, or shall knowingly deliver the same to any carrier to be so transported, shall be liable to an action at law for dam Republic of Cuba. At the present time, owing to the fact that hges and to an action in equity for an injunction, at the suit of any we have not ratified and put into effect the provisions of this person, firm, or corporation doing business in the locality falsely indi convention, our manufacturers must go to each one of these cated as that of origin, or in the region in which said locality is situ ated, or at the suit of any association of such persons, firms, or corpo separate Republics and get separate protection, taking a lot rations. of time and a great deal of money. This convention should SEc. 4. That any person who shall without the consent of the owner thereof reproduce, counterfeit, copy, or colorably imitate any trade have been ratified a long time ago. All this bill does is to give mark on the register provided by this act, and shall affix the same to the Commissioner of Patents authority to keep a register of merchandise of substantially the same descriptive properties as those all trade-marks and commercial names communicated to him set forth in the registration, or to labels, signs, prin:ts, packages, wrap pers, or receptacles intended to be used upon or in connection with the by the international bureau provided for by the convention for sale of merchandise of substantially the same descriptive properties as the protection of trade-marks and commercial names, and the those set forth in such registration, and shall use, or shall have used, fee of $50 is transmitted to this international bureau. such reproduction, counterfeit, co·py, or colorable imitation in commerce among the several States, or with .a foreign nation, or with the Indian There is not any considerable amount of work placed on the tribes, shall be liabl(! to an action for damages therefor at the snit of Commissioner of Patents or the Patent Office by this blll; but the the owner thereof ; a.nd whenever in any such action a verdict is ren amount of additional fees that are brought in the Commissioner dered for the plaintiff the court may enter judgment therein for any sum above the amount found by the verdict as the actual damages, according of Patents feels confident will take care of any clerical expenses to the circumstances of the case, not exceeding three times the amount of the registration bureau. of such verdict, together with the costs. Mr. BEE. Will the gentleman yield? SEc. 5. That it shall be the duty of a regis!!ant under this act to ·comply with the law of the country in which ·his original registration Mr. NOLAN. I will. took place, ln respect to giving notice to the public that the trade-mark Mr. BEE. Will the gentleman explain the provisions of sec 1s registered in connection with the use of such trade-mark in the tion 2 which provide that whenever any person shall deem him United- States of America, and in any suit for infringement by a party faling to do this, no damages shall be recovered except on proof that self injured by the inclusion of a trade-mark on this register he the defendant was duly notified of the infringement and continued the may at any time apply to the Commissioner of Patents to cancel same after such notice. · the registration? Is that an injury to an American citizen by SEc. 6. That tile provisions of sections 15, 17, 18, 19~ 20, 21, 22, 23, 25 26 27 and 29 of the act approved February 20, 19v5, entitled "An reason of the inclusion of a trade-mark in a foreign country ; and act to' authorize the registration of trade-marks used in comme~ce with if so, wherein does the injury consist? I am asking the ques- foreign nations or among the several States or with Indian tribe!J,. and tion for information. · to protE.'ct the same," as amended to date, are hereby made appucable to marks placed on the register provided for by section 1 of this act. Mr. NOLAN. The trade-mark laws of this country are radi · SEc. 7. That written or printed copies of any records, books papers, cally different from those of the South American Republics and or drawings belonging to the ·Patent Office nnd relating to trade-marks in placed on the register provided for by this act, when authenticated by from practically every country the world. A trade-mark will the seal of the Patent Office and certified by the commissioner thereof, not be granted on any article that describes the article itself.. shall be evidence in all . cases wherein the originals could be evidence, 'Ve have certain restrictions that are not imposed by any Central and any person making _application therefor and paying the fee required by Jaw shall have certified copies thereof. South American Republic. So, if some man in a South American SEC. 8. That the same fees shall be required for certified and uncer Republic should secure a trade-mark registration upon an Amer tified copies of papers and for records, transfers, and other papers, under ican trade-mark not registrable in this country, his registration this act, as are required by law for such copies of patents and for re cording assignments and other papers relating to patents. of that trade-mark m Habana, or wherever he may see fit in a on filing an appeal to the Commissioner of Patents from the decision South American Republic, will not give him any rights he does of the examiner in charge of interferences, awarding ownership of a not possess in this country. Neither wlll it give an American any trade-mark, canceling or refusing to cancel the registration of a trade right that he does not possess at the present time. So, if a trade mark, a fee of $15 shall be payable. mark is registered from a South American Republic and gets by 1\fr. NOLAN. Mr. Speaker, this bill proposes to give effect the Commissioner of Patents withou~ protest, the injured party to certain provisions of the convention for the protection of can come in and get protection under section 2. trade-marks and commercial names made and signed in the -city Mr. BEE. Without this law they could not file this trade of Buenos Aires on August 20, 1910. matk that the American could hereafter complain of? The bill is identical with a bill that passed the Senate in the Mr. NOLAN. No; without a complete investigation by the Sixty-fifth Congress and reported out late in the last Congress Patent Office. I have explained. that we are not imposing any by the Committee on Patents of the House. There is no opposi additional work on the Patent Office. This merely provides for tion to it. The Secretary of the Treasury, both in the Sixty registration at the present time on an application for trade-mark, fifth Congress and in this Congress, sent to the chairman of the not carefully inquired into, provided the application is made to Committee on Patents a letter, a copy of which is included in the the Patent Office. This does not entail that character of work report, strongly urging the immediate passage of this legisla on the Patent Office; it gives the Patent Office the right to reg tion. The Commissioner of Patents, representatives of the in ister it, and the registrant is not entitled to any protection not ternational high commission, the American Patent Law Asso now in order under our laws. .ciation, and a large number of representatives of manufacturers Mr. BEE. Suppose here is an American who has a trade and commercial instituti-ons in this country appeared before our mark, and establishes it in Habana or Rio Janeiro, and some committee earnestly urging the immediate passage of the legis- man down there puts this trade-mark into this foreign registry, !ation.-· to the injury of the American. Now, is there any protection to The delegates representing the United States at this con the American in the interval if it became necessary to cancel vention were Henry White, Enos H. Crowder, Lewis Nixon, .John the registration to protect himself against injury by the un Bassett Moore, Bernard Moses, Lamar C. Quintero, Paul S. lawful filing of the trade-mark? Reinsch, and David Kinley. Mr. NOLAN. If the foreign registrant has protection in the Mr. LITTLE. Will the gentleman yield for a question? country where originally registered under the law. In times Mr. NOLAN. I yield to the gentleman from Kansas. gone by this does not deprive him of the right. He may have .Mr. LITTLE. Do I understand that this convention or as registered in a South American Republic · ~orne valuable trade sembly of delegates of the different cQuntries made this treaty mark of this country. He can not come into this country and use 1n 1910? the trade-mark to the detriment of the legitimate owner of the 1920. CONGRESSIONAL RECORD- ROUSE. 1837 trade-mark. The man who possesses the right in this country prdudlcc to the- rlghts of thlr(l penons and to the provisions of the laws af each State governing the same. can not be injured. In. order t() enjoy the benefit of the foregoing, the manufacturer or 1\lr. BEE. WI1at is the injury to the American holding the merchant intereateu in the regirny of the mark must pay, in addltwn to tmde-mark necessary to protect himself? the fees or charges fixed by the l.a.ws of the St!lte in which application for registration is first made, the sum of $50 gold, which sum shall cover all l\Ir. NOLAN. It protects him to this extent. The fact that the the expenses of both bureaus for the International registration in all tha trade name has been entered on the :registl'y does not give the signatopY States. man that makes the application any right, but tl1e second pro Ar.T. 1n. The deposit of n. tra.d~mark tn one of the signatory States produces in favor of the depositor a ri~ht of priority for the pe...-1od of "Vislon is a safeguard to the American manufacturer or the owner six months. so as to enable the depositor to make the depos1t in the of tlie trade-mark or the commercial nnme. €>ther States. Mr.l\1ERRITT. Will the gentleman yield? Therefore the deposit made sub~quently and prior to tllc expiration of this periou can not be annulled by acts performed in the interval, l\lr. NOLAN. Yes. especially by another deposit, by publication, or by the use- of the m~rk . 1\Ir. l'tillRRITT. Do I understand tbo..t the registration o-f the ART. IV. The following shali be con3idered a tradeJmark : Any Sign, tm.de-rtmrk contemplated by the bill is distinct from the registra emblem, or especial name that merch:-.nts or ma..nuiactu.rers tnny adopt or apply to their goods or producti:l in order to distinguish them from tion under atir own law Z those of other m:mufa.cturers or merchants who manufacture or deal 1\lr. NOLAN. Absolutely separate and distinct. 1t is only fm.· in articles of the same kind. the purpose of keeping a record of these trade-marks and com ART. V. 'l'he followir:g cnn LGt be adopted or used as trade-mark : in National, provincial, or municipal fin~ o1· coats of arms; immoral or merc-ial names the International Bureau. scandalous figures; ilistlncti~re mmrks which may have been obtained Mr. \V ALSH. Will the gentlemun yield? by others or which may give rise to confusion with other mar!is: the 1\Ir. NOLAN. Yes, gwern.l classification of art.ieles; pictures ur n:un~s of p~rsons \Vitbont their permission ; and any design which may have been adopted us rrn Mr. WALSH. Does the law, or wfll its administration, in any emblem y any fraternal or bnmanit::trian association. way affect the situation with reference to German patents upon The foregoing provisions shall be constrn"d without prejudice to which we have had some legislation heretofore? Will it protect the particular provi.:!ions of the l::tws of each State. ~T. VI. All questions which may arhe regarding the p-riority of the them or give them a :right to take advantage of it? deposit or the adoption of a trade-mark shall be decidNl with dTJP re Mr. NOLAN. No; this only provides for trade-marks in a gard to the dnte of the ueposit in the State in which the first applica convention entered into between the United States and the Cen tion was made t.llerefor. ART. VII. The ownership of a trade-mark includes the right to enjoy tral and South American Republics and the Republic .of Cuba. the benefits thereof and the right of n:ssignment or tJ:anster in whole lUr. \V ALSH. So that the register kept lmder the provi:sfons or in part of its O'WDerthiJ? or it. u e in accm:danea w1th the provisions of ibis act will only include the registry of those trade-marks of the laws Qf the respective States. ART. VIII. The fals11lcation, imitation, or unauthorized use cf a and names from the Sont:h .Americ::tn Republics or countries trade-mark, as al3o tb fals~ rep-regentation a~ to tha origin of n. pr-Nl which took part in this- proposed convention? uci, shall be prosecnted by tre interested pa-rty 1.n accordnnce with tbc l\1r. )i0LAN. Yes; only those who were n party to the e01l laws- oi: the State wherein the offen~ is committed. For the e!l"ects of this article, interested parties shall be unu(Tl" ..; tood vention. The conventlon was particularly confined to the Cen to be any producer, manufacturer, or merchant engaged tn the- IJ"T"Of]uc tral and South American Republics and the RepubUe of Cuba. tion. manufacture, or txaflk of Anid product, or in thf! <.'tlf;e of false Only those participating in it will be entitled to the benefits of representation of origin, one doing lm.Sine5SI b1 the loea.I1ty falS("!y indicated a.s that of origin, or in the- territo~y in -which sai{l !O<'!l.lity this act. is situated. ~I~:. WALSH. It does not include European countries? .AnT. IX. .Any p~son in any of the signatory States ~hall have the l\lr-. ~OLANr It does not. Mr. Chairman, I ask unanimtrus right to petition and obt::lin in any or the States, through its compe consent to indude in my remarks too p-roceedings of the conven tent judicial :mthol'i.ty, the annulme-nt of the registl:ntion of a tnule· mark, when he shall ha"e made rrppJicatton for the registration of that tion. It compl'ises only aoout four pages and it Will not take· up matli, or of any otll: Cunha, llercnlano d:e special infot'matlon they may need upon this subj"ect. FrPit
for by this convention on the part of the authorities of any one of the. law; but to knowingly transport means that the transportation rstates forming the unjon and to commumcate the facts and reasons to the Government of the country of origin and to interested parties. company knows that it is transporting. The transportation com 9. To cooperate as agents for each one of the Governments of the pany would not know whether the articles are in violation of the signatory States before the respective authorities for the better per law or not, and usually could not know. There have been a great formance of any act tenillng to promote or accomplish the ends of this convention. many propositions of that ::;ort submitted to Congress in the .A.n·.r. XIII. The bureau established in the city of Habana, Cuba, course of many years, and I think they have always been changed. shall have charge of the registration of trade-marks coming from the when they came before this House. United States of .A.me1ica, Mexico, Cuba, Haiti, the Dominican Repub lic, El Salvador, Honduras, Nicaragua, Costa Rica, Guatemala, and 1\lr. NOLAN. The section ought to be taken in its entirety Panama. That any person who shall willfully and with intent to deceive, atlix, The bureau established in the city of Rio de Janeiro shall have apply, or annex, or use in connection with any article or articles of charge of the registration of trade-marks coming from Brazil, Uruguay, merchandise, Qr any container or containers of the same, a false designa the .Argentine Republic, Paraguay, Bolivia, Chile, Peru, Ecuador, tion of origin, including words or other symbols, tending to falsely Venezuela. and Colombia. identify the origin of the merchandise, and shall then cause such mer ART. XIV. The two international bureaus shall be considered as one, chandise to enter into interstate or foreign commerce, -and any per son and for the purpose of the unification of the registrations it is pro- who shall knowingly transport such merchandise or cause or procure vided: · the same to be transported in interstate or foreign commerce or com (a) Both shall have the same books and the same accounts kept merce with Indian tribes, or shall knowingly deliver· the same to any under an identical system ; carrier to be so transported, shall be liable to an action at law. (b) Copies shall be reciprocally transmitted weekly from one to the other of all applications, registrations, communications, and other And so forth. documents affecting the recognition of the rights of owners of trade Mr. :MANN of Illinois. The man who does that ought to be. marks. .ART. XV. The international bureaus shall be governed by identical punished, but the transportation company that transports the regulations, formed with the concurrence of the Governments of the article knowingly, knowing that it transports it, not knowing Republic of Cuba and of the United States of Brazil and approved by what it is, ought not to be puni~:thed, yet it is liable to be indicted all the other signatory States. Their budgets. after being sanctioned by the said Governments, under the language o! tl,lis law. It is never safe in enacting a shall be defrayed by all the sfgnatory States in the same proportion law to presume that the administrative officers will use any com as that established for the International Bureau of the .American Re mon sense, and if the law so proYides they are liable to commence -publics at Washington, and in this particular they shall be placed ~~~~rsti~1is~:dt.rol of those Governments within whose territories they action. Mr. NOLAN. I have no objection to amending it. The international bureaus may establish such rules of practice and procedure, not inconsistent with the terms of this convention, as they Mr. MANN of Illinois. It is all right to penalize the man who may deem necessary and proper to give effect to its provisions. does tbe thing. ART. XVI. The Governments of the Republic of Cuba and of the Mr. NOLAN. I think it· should be confined to that. I have no United States of Brazil shall proceed with the orgamzation of the bureaus of the international union as herein provided upon the ratifica objection to amending that section so that no transportation tion of this convention by at least two-thirds of the nations belonging company who shall innocently transport any article shall be sub to Pach group. · ject to being dragged into court or be in any way seriously incon The simultaneous establishment of both bureaus shall not be neces sary ; one only may be established if there be the number of adherent venienced. Governments provided for above. I yield 10 minutes to the gentleman from Connecticut [1.\lr. ART. XVII. The treaties on trade-marks previously concluded by and MERRITT]. between the signatory S~tes, ~hall.be substituted by the present conven tion from the date Of 1ts ratification, as far as the relations between 1\lr. MERRITT. Mr. Chairman, the committee perhaps under the signatory States are concerned. stands that the importance of this bill is, in the first place, to AnT. XVIII. The ratifications or adhesion of the American States to carry out the convention which was entered into by the Central the present convention shall be communicated to the Government of the .Argentine Republic, which shall lay them before the other States of the and South American Republics with this country. The reason ~:-N~~·ati~~:.se communications shall take the place of an exchange of for that,. so far as this country is concerned, is to protect the manufacturers and the merchants of this country against the ART. XIX. Any signatory State that may see fit to withdraw from the present convention shall so notify the Government of the .Argentine so-called trade-mark pirates. ' Republic, which shall communicate thls fact to the other States of the Mr. LITTLE. Mr. Chairman, will the gentleman yield for a umon, and one year after the receipt of such communication this con question right there? vention shall cease with regard to the State that shall ·have withdrawn. I In witness whereof the plenipotentiaries and delegates sign this con Mr. MERRITT. Yes. . . vention and affix to it the seal of the Fourth International American Mr. LITTLE. Will tbe gentleman tell us why we haYe had · Conference. · to wait 10 years after that treaty was made before any steps Made and signed in the city of Buenos Aires, on the 20th day of Au gust, in the year 1920, in Spanish, English, Portuguese, and French. and were taken to carry it into effect? filed in the Mlnistry of Foreign .Affairs of the Argentine Republic in Mr. MERRI'l'T. I am not on the committee and I do not order that certified copies may be made, to be forwarded tbrough appro priate diplomatic channels to each one of the signatory nations. know the details as well as the chairman, but my 1.mderstanding For the United States of America: is that the delay of this legislation has been due to the delay on HENRY WHITE. BERNARD MOSES. the part of other countries in accepting this convention and get . ENOCH H. CROWDER. LAMAR C. QUINTERO. ting the necessary machinery ready to carry it on. Is that cor LEWIS NIXON. PAUL S. REINSCH. JOHN BASSETT MOORE. DAVID KINLEY. rect~ Mr. Chairman? For the .Argentine Republic : Mr. NOLAN. That is right. .ANTONIO BmRMEJO. CARLOS SALAS . Mr. MERRITT. So that, so far as the Pntent Committee goes EDUARDO L. B-IDAU. Jos~ .A. TERitY. and this House goes, there has been no unnecessary delay in the MANUEL .A. MONTES DE 0CA. ESTANISLAO S. ZEBALLOS. EPIFANIO PORTELA. legislation. It is very difficult for those of us who have been For the United States of Brazil: brought up under the law of this country and under the general . JOAQUIM MURTINHO. 0LAVO BILAC. impression that a man who establishes a trade name and a trade DOMICIO DA GAMA. GASTAO DA CUNHA. mark is entitled to its use, and that a man can only establish Jos~ L. ALMEIDA NORGUEIIU. HERCULANO DE FREITAS. the right to such a trade-mark by use, to understand why that For the Republic of Chile : MIGUEL CRUCHAGA TOCORNAL. .A.NlBAL CRuz D1Az. rule does not prevail elsewhere. It is hard for us to understand EMILIO BELLO CODECIDO. BELTRAN MATHIEU. the law which exists in many of ilie countries of South America, For the Republic of Colombia : thut any man, whether he has any connection with the trade ROBERTO ANc1ZAR. mark or the trade name, can go to the registration office and For the Republic of Costa Rica : register that trade-mark and .keep out from that country the ALFREDO VOLIO. real creator of the trade-mark and, under our law, the owner. For the Republic of Cuba: CARLos GARCIA VELEZ. ANTONIO GoNZALO pt;aEz. Fbr instance, lie can go to the registration office and register a RAFAEL MONTORO Y VALD~S. Joslll M. CARBONELL. name like "Singer," for the Singer sewing machine, if it has GONZALO DE QUESADA Y AROSTEGUI. not already been registered in that country, and when a consign For the Dominican Republlc : ment of those Singer machines comes to that company, sent by the , ADRICO Luoo. , For the Republic of Ecuador : Singer people, they can not be landed. There are numerous in ' ALEJANDRO CARDENAS. stances of that sort, and it is to correct that difficulty that this Mr. MANN of Illinois. Mr. Chairman, will the gentleman -legislation is proposed. It seems to me it does not require much yield for a question? argument to show its necessity. The machinery is very simple, . - Mr. NOLAN. Yes. it is inexpensive, and it is already in operation, and I think it is Mr. MANN of Illinois. The bill on page 3 provides that opviously desirable in these times when so many American Any person who shall knowingly transport such merchanillse or cause manufacturers have expanded, owing to the war, when they -or procure the same to be transported in interstate or foreign commerce must have an outlet for their products, when they must expand Qr commerce with Indian tribes- their foreign trade, to give them the necessary protection in and so forth, shalJ be liable to an action at law. I presume that such foreign trade. .the author of that proyision had in mind, when he used the I heard only this morning in another hE>a ring before the WOl'd "knowingly" D JlE' l'SOll W hO transported any Of the artiCles Patent Committee an illustration whi ch~ I think, will he inter etna ~rary to 1:1\\--t h : ~ t ;s, tllllt the articles were contrary to the esting to the committee: Where a manufacturer of Oonnecticu.t 1920. CONGRESSIONAL RECORD-HOUSE. 1839
clocks was in Japan, and found there exact imitations of clocks chairman has asked. to be incorporated as a part of his remarks, th:>t. are made in a certain town in Connecticut-not only provides in article 1 : ~xactly so far as the mechanism is concerned but an exact imi The sigtiatory nations enter into this convention for the protection tation of the color and the case and the actual trade-mark. of trade-marks and commercial names. 'Vhen he ascertained how this came about he found that orig No nation other than those designated in the articles of inally the clocks had been imitated in the Black Forest of convention, to wit, the South and Central American countries, Germany, that they had been exported to Japan, and then; the United States, Cuba, and Mexico, can become a member. when Japan began to develop as a manufacturing country, Article 2 provides : >>ith its Yery cheap labor, they were reproduced exactly in Any mark duly registered in one of the signatory States shall be con .T a pan, with the shape, the mechanism, the color, and the trade sidered as registered also in the other States of the Union, without mark. It is to protect the manufacturers 'and merchants of this prejudice to the rights of third persons and to the provisions of the laws country in their trade names, so important to them, that this of each State governing the same. legislation is proposed. The protection of the trade name is That also answers the question propounded by the gentleman · more important to the manufacturer in other countries than it from Texas [l\Jr. BEE]. In other words, it will not give foreign is at home, because in the East particularly it is the practice manufacturers any rights in the United States which tl1ey do to buy on the name. That is true also of textiles, food not alre!ldy acquire when they ootain trade-mark protection products, and all kinds of manufactures-sewing machines, under our general laws, and it does not give any higher rights clocks and watches, and everything else. They buy on the to any of the respective members of the convention than could name. There are no two sides to this question. It is the duty be obtained by registering under the la\vS of the various countries of this House to pass this legislation and to protect in Central which have_ become .members of the com·ention. It merely and South America the trade of this country and its manufac simplifies, expedites, and lessens the co~t of -registration. . turers and merchants, as this bill, in connection with the As I started to remark when I was interrupted, it occurs to me Buenos Aires convention, will do. that it would be very appropriate for us to show the interest of 1\Ir. NOLAN. JUr. Chairman, I yield 10 minutes to the gen the Congress and a friendliness on our part and an earnest wish tleman from Tennessee [Mr. DAVIS]. to cooperate with these South American countries, by enacting Mr. DAVIS of Tennessee. 1\Ir. Chairman, as has already this bill while the representatives of these various nations are in been stat~, it is necessary for the Congress to enact this legis our city working with the representatives of our Nation in an lation before the United States will become a member of this earnest effort to further these trade relations. I think it would convention. In 1910 the United States had eight representa be a beautiful tribute to the fact that they are our gue~ts in the tives, all of them eminently qualified, including such men as city and the Nation, and .it would manifest an interest which no Henry White, Enoch H. Crowder, John Bassett Moore, and doubt would be gratifying to them. · others, who participated in the proceedings which culminated At the time the Commissioner of Patents appeared before our in the adoption of the convention of which we are now seeking committee he stated that, lacking two, two-thirds of the signatory to become a member. Briefly stated, the purpose of becoming powers had already adopted this convention. There has been a member of this convention is in order to simplify and expe delay on the part of many of them for the reason that there is dite and lessen the cost of registration in the various South always delay in adopting a new departure. We know of no American and Central American countries, together with the oppo~ition to the measure. The Secretary of State arid the entire Republics of Mexico and Cuba. State Department favor it and are very. much interested in it. Mr. NOLAN. Mexico is not included. Secretary of the Treasury GLAss addressed a letter to the chair Mr. DAVIS of Tennessee. While Mexico has not adopted the man of our committee, in which he strongly recommends the - convention, it is eligible for membership if it does adopt the passage of this legislation. The Commissioner of Patents favors convention. it. A representative of the American Patent Laws.' Association As the conditions are now, before an American manufacturer appeared before us and favored it, as well as other gentlemen can register his trade-mark in all of those countries, it will cost who are competent to speak upon it. I can conceive of no reason him over $500 and also involve a great deal of trouble and delay. why we should not quickly pass the bill. I can conceive of no He can register his trade-mark in all of those countries for a evil result that would follow, and it certainly would result in total cost of $50, and do it very quickly and _expeditiously, under many very great benefits. So far as the expense is concerned, this convention. Now, it occurs to me that it is especially im as stated by Secretary GLAss, after we ·get the convention into portant and opportune at this time for the United States to operation there will be no further expense. It is intended and become a member of this convention, when we are all looking expected to ~e self-supporting. In other words, the fees will be to Central and South America as a future market for a large sufficient to maintain the office and conduct the convention. portion of our products. We are all working to that end, and I trust that the committee will pass this bill, and I am sure it is undoubtedly a great field. And all of these manufactu-rers that it will result in very great benefits which I have not even are loath to epter into these foreign fields unless they feel that undertaken to explain. [Applause.] they will have adequate trade-mark protection; protection against Mr. NOLAN. l\1r. Chairman, I yielcl 10 minutes to the gen such conditions as were explained by the gentleman from Con tleman from Connecticut [Mr. TILsoN]. necticut [Mr. MERRITT]. Mr. TILSON. l\1r. Chairman, it is well kno\vn that the State Now, there is another reason why, it occurs to me, it is oppor of Connecticut, which I have the honor in part to represent on tune at this time for us to enact this bill. A Pan American this floor, is very greatly interested in the subject of patents. Congress is now in session in the city of 'Vashington. The From time immemorial Connecticut has furnished its full share purpose of it is to promote cooperation between the United of inventors and patented inventions. The manufacturers and States and the Central and South American countries, and to the inventors are specially interested. I mean by this that they arrange trade and financial relations and connections which are first interested, but the interest is general, because what will result in closer intercourse, which is certainly very bene affects them affects business and in the end affects all. ficial and very much desired on the part of the United States. Of course, I am in favor of a bill to protect patents and trade Mr. McDUFFIE. Will the gentleman yield? marks and prevent the pirating of patents and trade-marks, and Mr. DAVIS of Tennessee. Yes. I expect to support this bill. I note in the latter portion of the 1\fr. McDUFFIE. Can the gentleman tell the committee what bill that it provides for furnishing certain certified copies, and arrangements other governments of the world have with respect also for certain fees to be paid, which, I understand, will make to registration of their trade-marks in the South American this bill self-supporting. I also understand that our entire countries-England, for instance, and France? Patent Office is more than self-supporting, which leads me to 1\fr. DAVIS of Tennessee. Well, I can not answer specifically another matter not directly connected with this bili, and yet any further than to say that those different countries have laws, bearing somewhat upon it. I refer to the deplorable condition as we have, permitting foreign trade-marks to be registereu in the Patent Office in regard to the transaction of public busi upon certain conditions. And there is a considerable variety of ness there. provisions in the different countries. One thing that made it . I have complaints, and no doubt other Members of Congress difficult to adopt a convention which would be acceptable to all have the same, from numerous people, to the effect that it is the countries involved was that very thing. But this convention impossible for them to get even printed copies of patents. does not give any rights whatever to any European or Asiatic Where it is necessary to get a certified copy, it has to be pre manufacturers. pared outside of the office, and even then it requires days or Further referring to your question and also to the question weeks before a simple certification of \t can be ha I have prepared and introduced a House resolution which, Now, Mr. Chairman, I ask unanimous consent that I may with the consent of the chairman of this committee and the rest extend my remarks in the RECOED by insertinO' extracts from a of the House, I shall hope to have passed, calling for informa letter received from a very prominent busines~ mim and manu tion on this very subject, as to what is the cause of these delays facturer in .mY State on this subject. which have been growing from bad to wo1'se. Mr. WALSH. On this bill? Mr. DAVIS of Tennessee. Mr. Chairman, will the gentleman Mr. TILSON. In connection with this matter. yield? The CHAIRMAN. The gentleman from Connecticut asks 1\fr. TILSON. Yes; I yield to the gentleman. unanimous consent to extend his remarks by inserting the ex Mr. DAVIS of Tennessee. I will state to the gentleman that tracts referred to. Is there objection? the Committee t()n Patents has had hearings upon different bills Mr. W .ALSH. Are the letters upon the subject of this bill? in which the matters to which the gentleman refers have been Mr. TILSON. Only extracts from a single letter in regard to discussed by the Commissioner of Patents and others, and they tbe matters I have been speaking of. explain that the growth in the patent business has so far outrun !1-fr. WALSH. In connection with this bill? the appropriations and the allowances for help that that fact ~r. TILSON. As I said in my ope_ning remarks, some of the has brought about the situation complained of. thmgs I had to say were not strictly confined to this bill but There is a further fact that should receive consideration, and re~ated to patent legislation now pending before this com that is that there have been no increases in salaries in the mittee. Patent o"ffice since 1870, I think, and it is impossible for them to Tbe CHAIRMAN. Is there objection? keep the trained men they have. About the time they become There was no objection. proficient somebody else offers them more money. The Com Following are the extracts referred to: mittee on Patents now has under consideration a bill providing . The deplorable condition of work at the United States Patent Office for the allowance of additional €illployees and inc1·eased sal IS so UJ?parent and so detrimental· tv the best interests of llJ.Unufac· turers like ourselves that we arc led to write you concerning it as it aries, and it is hoped that the passage of such bill will remedy appears to us from our experience. the situation to which the gentleman refers. * * * * ••• . Mr. TILSON. I am glad the Committee on Patents is con There ljl.re daily evidences of bad conditions, which have an immetll- templating taking action, because tllere is great complaint, at ~:U~~:ct~~E~:.tant effect upon our interests and to all inventors and least, fr<>m people in my State in regard to this matter. I have It is diffi.cult-alm.ost impossible--to get a printed copy of a granted sought to make explanation to them, but in order to do so more patent O';' the .reJ?.denng of an opinion. It "\\as formerly possible to get intelligently I have asked by thie resolution to be furnished such cop1es Within two or three days. Now it takes at least a week or with information. I have not made my resolution privileged, 10 rlU;\'S, nnd in many C<'lses Pri}lted copies o~ patents are exhausted, so ~hat 111? copies can be obtru.ned. When 1t comes to manuscript because, in addition to the facts desired, I have asked for the eop1es, which. are of geeat. importance and very necessary at times, opinion of the Commissioner of Patents as to whether there they are so dJfficult to obt:un that oftentimes a copy must be prepared sltu~tion by the. a~orney, sent to the Patent Office to be certifi~d. and paid for is not some way in which the can be made better. when 1t 1.'3 certified the same as if it had been made by the Patent Asking for an opinion would make it not privileged, and there Office; and when copies are sent to be certified it takes several weeks fore I should have to ask unanimous consent. o-r months before they are returned with the certificate. There js also a great delay in the acknowledgment of applications Mr. NOLAN. Ur. Chairman, will the gentleman yield? sent to the Patent Office for filing, or assignments sent for record Mr. TILSON. Certainly. ~hich is again very detrimental to business. • • • These coudi: . Mr. NOLAN. I will state to the g·entleman that the Com hons seem to be unjust to the inventors and manufacturers because the. Patent Office is. ~>~lf-suppo~ting, has to its credit some $S,OOO,OOO mittee on Patents during the month of .July last held extensive which. have beep pa1d m fees, m excess of expenses, and it would seem hearings on this subject; that is1 to put the Patent Office on ~ere lS no vahd reason why Congress should ·not appreciate the situa an efficient basis, .as well as amending the patent laws and tion and pass some legislation which will relieve it. providing for a court of patent appeals. There is a program in The CHAIRMAN. The time of the gentleman from Con connection with it, and the Committee <>n Patents has devoted necticut has expired. · a great deal of time and attention to the mn.tter. We are about Mr. NOLA...~. Mr. Chairman, I yield 10 minutes to the to· report a bill that will take care of that serious condition in gentleman from New York [Mr. MAcGREGOR]. the Patent Office and give them sufficient help to put the Patent The CHAIRMAN. The gentleman from New York is recog Office on an efficient basis., so that it can function, as well as nized for 10 minutes. to keep those highly trained men that they have down there ~fr. MAcGREGOR. :Mr. Chairman and gentJemen of the in the Patent Office by paying them sufficient compensation committee, I have compiled some figures from various sources to retain them. Many of their best men have gon~ into private with reference to the war, which several Members have asked life. me to put into shape so that they might be available to all. I The policy of this House is a program of economy. \Ve want will read them, a.s follows : to take care of the additional expense by increased fees as well INTERESTING FACTS COXCERNING THE WAR. as final fees for copies of patents. I . think that within a fe"'-V weeks the Committee on Patents will be able to bring in a 1. The total costs of the war to all nations was about $186,- measure that will take care of that situation. 000,000,000. l\ir. TILSON. The Patent Office, as I have said, pays for 2. The expenditures of the United States were about $22,- itself. It is self-supporting. For that reason I think the public 000,000,000. . :i£3 entitled. to prompt service, because sometimes it means a 3. The expenditures by the United States were about equal to great deal in the transaction of im_p<>rtant business. those of Austria-Hungary. Mr. NOLAN. I agree with the gentleman. The inventors and 4. During the first three months our expenditures were at the the manufacturers of this country have been laboring for sev rate of $2,000,000 per day ; during the next year they averaged eral years under a very serious handicap. more than $22,000,000 per day. Fqr the final 10 months the l\lr. TILSON. That is. w~t promvted the resolution that I daily average was over $44,000,000 per day. have introduced, and I b<>pe, at least, to get sufficient informa 5. The Ordnance Department spent $1,191,182,850 for artillery, tion to be en1l.bled to give .an intelligent response to the xnany the result of which was to deliver 72 American-made guns on the complaints that have been made to me on the sribject. firing line. . Mr. DAVIS of Tennessee. 1t1r. Chairman, will the gentleman 6. The total expenditures of the Army itself amounted to yield? $14,214,061,000, Mr. TILSON. Yes. 7. The total of the Army expenditures about equals the value 1\Ir. DAVIS of Tennessee. The Patent Office has not only of all the gold produced in the whole world from the discovery been self-~upporting but it has paid $8,000,000 into the Treas of America up to the outbreak of the war. ury beyond what it has taken out, and I believe that every 8. The i tern of pay for the Army is larger than the combined member of the Committee on Patents will favor the bill to salaries of all the public-school principals and teachers in the which I previously referred, and that it will be ·shortly re United States for the five years from 1912 to 1916. ported. 9. The number of men serving in the armed forces of the 1\Ir. TILSON. My judgment, perhaps not founded upon as United States during the war was 4,800,000, of whom 4,000,000 much information as the gentleman possesses on the subject, served in the Army. is that we have been treating the examiners and other highly 10. Of the 54,000,000 males in the United States, 26,000,000 qualified employees of that important office as ordinary clerical were registered in the draft or were already in the service. help. They are more than mere clerks. They are experts, in 11. New York State furnished the greatest number of men of a way, and we shall probably have to pay them accordingly or any State-367,864. Porto Rico furnished 16,538, Hmvaii 5,6-:14, else we shall not be able t<> get expert service in this very Philippines 255. important bureau of the Government, which is so vitally con 12. Two out of every three American soldiers who reached nected with the industrial progress of the country. France took part in battle. The number who reached l1~rance •! , . 1920. CONGRESSIONAL RECORD-HOUSE. 1841 was 2,084,000, and of those 1,390,000 saw active service at the underwear, $25,551,000; shoes, $36,880,000; socks, $9,00C,OOO; front. . blaEkets, $12,400,000. 13. American divisions were in battle for 200 days and engaged 37. Included in the sale to France were 89,199 motor vehicles in 13 major operations. costing the United States $310,739,694. 14. In October, 1918, the American divisions held 101 miles of 38. If the $22,000,000,000 that the war cost tbe United States line, or 23 per cent of the entire western front. l were counted in silver dollars, it would take a man counting 72 15. In the Battle of St. Mihiel550,000 Americans were engaged, a minute working 8_hours a day 1,744 years to count them. as compared with about 100,000 on the northern side in the If the silver dollars were laid side by side, they would stretch Battle of Gettysburg. · 520,833 miles. • 16. The Meuse-Argonne battle lasted 47 days, during which Their wei&"ht would be 687,500 short tons. 1,200,000 American troops \Yere engaged. Loaded in box cars of 4.0 tons capacity they would make a 17. The American battle losses of the war were 50,000 killed train of 17,187 cars 130 miles in length. r:.nd 236,000 wounded. I yield back the remainder of my time. 18. The total sum expended by the munitions section of the The CH..t\.IRMAN. The gentleman from New York yields back Ordnance Department was $3,173,054,546; 10,637,359 American two minutes. shells of all descriptions were landed in France. The British Mr. NOLAN. How mu~h time haYe I remaining? fired 2,753,000 rounds of ammunition in their preparation for the The CHAIRMAN. 'I'he gentleman from California has nine Battle of Messines Ridge and 4,000,000 rounds in preparation for minutE>-S remaining. the Battle of the Somme. Mr. NOLAN. I yield the remainder of my time to the gentlP. 19. Five out of every six men sent to hospitals on account of ruan from New York [Mr. llAcCRATE]. wounds were cured and returned to duty. l\lr.. MAcCRATE. Mr. Chairman and gentlemen, one of the un· 20. The death loss from all causes among American forces wus clerlymg reasons for this legislation is the piracy of American 122,500, of which about 10,000 were in the Navy. trade-marks and commercial names in certain countries. There 21. Pneumonia killed more soldiers than were killed in battle. are some countries which reqpire that the home registration 22. When the war was declared the United States bad two must be filed first in that country before they ·will file a regif: aviation fields and 55 obsolete airplanes. There was expended tration of the marie In some countries, however, that is not for aircraft production $1,055,000,000. At the time that tbe true, and anyone can take an American name which we value armistice was signed there were 196 American-built airplanes on very highly in this country and, without producing a single the front. item of goods or \\ares under that name, file it and keep th~r 23. The Construction Division expended ~818,000,000 for can American manufacturer out of that country. In one case tonments, etc., in the United States. $100,000 worth of American goods were manufactured in this 24. Housing constructed had a capacity of 1,800,000 men, or country and sent to South America. On their way to South more than the entire population of Philadelphia. America somebody found out the trade name of those goods 25. There were 227,447 motor vehicles manufactured in the and went and filed that trade name in the South American coun• United States for the 'Var Department; 118,900 wet·e shipped try, and whin the American goods reached the South American qverseas ; 8,444 motor vehicles were purchased ·overseas. port they were stopped from entering the country, and it wau 26. Thirty-nine thousand nine hundred and ninety-three motor not until after our State DepartmeP.t had made very strong rep vehicles were shipped to France after the signing of the armis resentations that those goods were permitted to enter that tice, and included in the sale to France. South American country. · 27. During our 19 months of war more than 2,000,000 American soldiers were carried to France. Of every 100 men who went Anot11er thing is the item of expense to American manufac overseas 49 were carried in British ships, 45 in American, 3 in turers and merchants. Under the present system it costs an Italian, 2 in French, 1 in Russian. American manufacturer who desires to register his trade-mark 28. American Engineers built in France 83 new ship berths, in South American countries about $600 to do so. Under this 1,000 miles of standard-"gauge track, and 538 miles of narrow bill that expense will be reduced to $50; that is, the American gauge track. manufacturer, instead of having to go to Paraguay, Uruguay, 29. The Signal Corps strung in France 100,000 miles of tele- Brazil, and the other South American countries to file his regis phone and telegraph wire. tration, will simply :tile it with the registration bureau, and l\Ir. BLANTON. Mr. Chairman, a point of order. that will gi,-e it immediate registration in the other countries The CHAIRMAN. The gentleman will state his point. of South America. Under the present law he must make his Mr. BLANTON. I do not know how the gentleman is going to round to eYery one of the different countries. The passage of end his argument. On Calendar 'Vednesday the debate is this law will stop pirating in another way, because in some limited to the subject matter of the bill. If the gentleman's South Ame.rican countries an American manufacturer registers speech is not going to terminate in politics, I do not care to ob a trade-mark, and then some one else goes and registers that ject. If it is a mutter of infm.·mation for the House, I shall not same traue-mark in another South American country and de· object. prives the rightful owner of the use of it. If a mail is not Mr. MAcGREGOR. It is just for the information of the quick in going from one country to another, he may find that House. his trade-mark good in one place is not good in another place. The CHAIRMAN. Does the gentleman from Texas withdraw But under this proposed law, when be files his registration with his point of order? · the registration bureau, immediately in all South American Mr. BLANTON. I withdraw it. count1ies coming within the convention his trade-mark will be Mr. MAcGREGOR (continuing): registered and his rights will be protected. 30. At the time of the signing of the armistice the Signal Now, with reference to what the gentleman from Connecticut Corps was operating 282 telephone exchanges and 133 telegraph [Mr. TILSON] said as to the Patent Office, I believe we ought to stat~ons. The telephone lines numbered 14,956, reaching 8,959 go into this matter carefully. There are copyists in the Patent statwns. Office receiving only $700 a year, and their work nets the Gov 31. Seventy-five per cent of the entire leather production of ernment only 10 cents a folio for ·copying patents and other the country was used during the war. matters in the bureau. You will readily see that 10 cents a 32. With 391,000 horses in the Army, orders were _given to folio is below the prevailing rate, and that $700 a year is far the Procurement Division to contract for 845,000 saddles and below the compensation paid for similar service in other bu 1,000,000 sets of harness. reaus of the Government. By increasing the copying fee 5 cents 33. If all the orders had been filled it would have taken a folio we can add about $50,000 a year to the revenues of the 300,000 more hides than the entire take-off of the United States Patent Office. 'Vith this $50,000 we can meef a part of the nee~ for a year. essary increase that should be made in salaries in the Patent 34. There was delivered to the War Department up to l\Iay Office. Then by the changing of the fee for an application for 31, 1918, 131,800,000 pairs wool socks, 85,000,000 undershirts a patent from $15 to $20, and reducing the fee for the final 83,600,000 underdrawers, 30,700,000 pairs shoes, 21,700,000 issuance of a patent from $20 to $15, we can secure an addi blankets, 21,700,000 wool trousers, 12,900,000 coats, 8,300,000 tional $400,000 a year for the Patent Office, as I am informed, overcoats. and I believe that witlwut additional expense to 1J1e Govern 35. Army supplies and property that the United States had ment we can well properly pay the people who are now per· in France, costing us $1,426,000,000, was sold to France for forming the work in the Patent Office. $400,000,000. l\lr. TILSON. 'Vill the gentleman yield? 36. Some of the items, with rost price to the United States, 1\fr. 1\L\cCRATI~. Yes. were: Flour, $15,500,000; bacon, ~41,300,000; beef, !j'\58,890,000; Mr. TILSON. DoeR the gentleman consider that that would .::offee, $6,500,000 ; sugar, $3,200,000 ; flannel shirts, $17,200,000 ; be a fair division of the total cost of obtaining n patent so far • 1842 CONGRESSIONAL RECORD-·HOUSE. JANUARY 21, as the service render d is concerned-fairer than the present Department that they had the right, without further legislation, diYision? to extend the interest payments, but if the Committee on 'Vays Mr. l\lAcCRATE. That is as I understand it from the Com a'nd Means thought otherwise he ·wanted them to so indicate. missioner of Patents. The work on the original application, Mr. MAcCRATE. The time has come when thi~ Congress must requiring a !,rreat deal of searching and othe1· things, ought to say plainly and unmistakably that it -n1ll !_)ass additional legis be a little more expensive than the final issuance of the patent lation in favor of the service men. itself. A great many applications are made where patents are If we delay action, our motives may be misunderstood. We ne'er issued and if the fee for the preliminary application is may be sure that condannation will be heuped Qn any party made $20, it' would increase the revenues without unduly bur which attempts to make political capital of soldier legislation. dening the men who are interested in obtaining patents. By The good will of men who have go11e fearlessly into the valley transferring this $5 from the final fee to the preliminary fee the of death to preserve the Nation's life can not be bought by u. total expense in cases where patents are issued will be no greater bond or a farm or a home, for they know what se1·vice to tile than it is now. Nation means and their good will will go io that party wbich Now, if I may proceed out of order for a moment, it has oc best meets their tandard of national service. Let us speedily curred to me that in considering all classes of soldier legislation, determine what we should do and then let us do it. and bonus legislation, the question wlfere the money shall come The CHAIRMAN. The time of the gentlemnn from Cali from is one that affects the cbuntry. As was stated by my col fornia has expired. If there is no time desired in opposltioll, league [Mr. MAcGREGOR] a few minutes ago, the sum of $9,000,- the Clerk will read. 000,000 of American money was advanced to the Allies, on which The Clerk read as follows : there is an annual interest charge of about $415,000,000. If a SEC. 3. That any persou who shall willfully and with Intent to de ceive, affix, apply, or annex, or use in connection with any nrtlcle r bill can be drafted for the application of a little more than one articles of merchandise, or any container or contuiners of the same., a ninth of this amount and the interest for four years~ we can false designution of o:rigin, including woxds or other symbols ~ding ea ily meet the financi.al requirements of some of the legislation to falsely identify the origin -of the merchandise, and 'Shall then eau~ such merchandise to enter into interstute or foreign commerce, :l.Dd any that has been suggested. person who shall knowingly transport such merchandise or -cnuse ()t !\Ir. LONGWORTH. But the gentleman is aware of the fact, procure the same to be transported in illterstnte or foreign commerce is he not, that policy of the present Treasury Department is or eommerce with Indian tribes, or shall knowingly deliver the same to the any carrier_ to be so transported. shall be liable to an action at law not to receive any of this interest at all? for damages and to an action in equity for an injunction, at the suit Mr. MAcCllATE. That may be the policy, but I do not believe ot any person, firm, or corporation doing business in the locality it is the correct policy. falsely indicated as that of origin, or in the region in which said locality is situated, or at the suit of any association of such persons, Mr. LONGWORTH. .And that the President stated in a. mes firms, or corporations. sage he delivered here to this House that the administration would regard it as a dangerous proposition for any money to be Mr. MANN of Illinois. 1\Ir. Chairman, I offer the following sent to us now by the Allies; that is, for any gold to be shipped amendment. to this cotmtry. Therefore we are receiving nothing. The Clerk read as follows : Page 3, line 5, after the word "knowingly," strike out the wo.rds 1\fr. 1\.fAcCRATE. We are not in any way in danger of losing "transport such me.l'Chandise or." the good will of our allies if we let them understand that, although we grant extension of time for payment. we expect they Mr. NOLAN. Mr. Chairman, the committee hus no objection wlll pay the principal and the interest of the moneys advanced to that amendment. by the American people in the way of loans for war purposes. The CHAIRMAN. The question is on the amendment offered On the other hand, the American people will not suffer unduly by the gentleman from Illinois. and taxpayers will not complain greatly if a part of the money Mr~ BLANTON. Mr. Chairman, I ask for a divi ion just to which they have thus far advanced and paid for war purposes cheek up. is used for one such I}urpose-that is, for the payment, not as a The question was taken, and there were 35 ares and no noes. measure of their service but as a token of our gratitude, to the So the amendment was agreed to. men who sprung to the support of the Nation in its hour of need. The Clerk read as follows : SEC. 7. That written or printed copies of any records, books, papers, I throw this out us a suggestion to the committee dealing with or drawings belonging to the Patent Office and rellltlng to trade-marks the legislation to see if it is not a workable plan whereby bonds placed on the register provided f~r by this act, when authenticated by could be issued and redeemed as the Allies pay the principal the seal of tbe Patent Office and certified by the commissioner thereof, shall be evidence in all cases wherein the originals could be evidence, and interest on these loans. and any person making application therefor and paying the fee re Mr. LONGWORTH. The gentleman realizes that that is not quired by law shall have certified copies thereof. a matter for Congress. Congress has not the power as things The CHAIR1\1A.l.~. On line 5, page 5, there is an error in stand now. Under the claim of the Treasury Department they spelling the word "certified." Without objection, the Clerk have the right to postpone the collection of the interest in will make the correction. definitely. The Treasury Department, in other words, claims There was no objection. that under the law authorizing the loans to the Allies, it has the The Clerk read as follows : pO\Ter to postpone the payment of the interest indefinitely, and On filing an appeal to the Commissioner of Pate.nts fl"om the decision acting under legislative authority they are postponing all col of the examiner in charge of interferences, awarding ownership of a lections of any interest from any debts due from the Allies. We trade-mark, canceling or refusing to cancel the registration of a trade are receiving nothing in the way of, interest. mark, a fee of $15 shall be payable. Mr. BLANTON. Will the gentleman yield? l\Ir. WALSH. Mr. Chairman, l move to strike out the lo.st Mr. 1\:lAcCRATE. I yield. word. In reference to the last paragraph, docs that mean that Mr. BLAl~TON. In reply to the distinguished gentleman from the fee is to be payable for all appeals to the Commissioner of Ohio, I want to call the g~ntleman's attention to the fact that Patents from the decisions of the examiners under the provi the Treasury Department operates under the law and nothing sions of this act, or is it in all cases'? This fixes a fee for filing else, and that Congress can change any law that exists in this the appeal from the examinet• in charge of interferences. I Nation to-day. If the law under which the Treasury Depart wondered whether that was fixing a new fee outside of the scope ment is acting is not a proper law. Congress can change it to~ of this act. morrow. Mr. NOL.A.l"\f. No; the law provides now us to fees both in Mr. LONGWORTH. Unquestionably. patents and trade-ma.rk cases. The registration only applies 1\fr. BLANTON. Then this Congress is responsible and not to this act. The registration of a trade-mark in the Patent the Treasury Department. Office does not give the registrant any advantage until finally Mr. LONGWORTH. Is the gentleman from Texas in favor of approved. changing the law'? Mr. WALSH. It seemed to me that there ought to be in there l\Ir. BLANTON. I am in favor of every country that owes the somewhere the 'Words " on filing an appeal under the provisions United States paying its debts promptly. of tltis act." Mr. LONGWORTH. The gentleman is not in accord with the Mr. NOL.lli. I think perhaps that amendment ought to be administration. made. 1\Ir. BLANTON. I will vote, if the gentleman will bring in a Mr. WALSH. Mr. Chairman, I offer the follO\ving amend rule from the Committee on Rules, to require those countries to ment: After the word " appeal," line 15, page 5, insert the words pay the interest on their debt. "under this act." Mr. DAVIS of Tennessee. Will the gentleman yield? The CHAIRMAN. The Clerk will report the amendment. 1\lr. 1\IAcCRATE. Yes. The Clerk read as follows : l\fr. DAVIS of Tennessee. I wish to call the attention of the Page 5, line 15, after the word ·• nppeal," insert the words "under this gentleman to the fact that Secretary Glass addressed a letter a-ct-" to the chairman of the Ways and 'Means Committee, Mr. Fono The CHAIRMAN. The question is on the amendment. NEY, in whicb he stated that it was the opinion of the Treasury '!'he amendment was agreed to . • 1-920. CONGRESSIONAL RECORD-HOUSE. Mr. ~OLAN. lllr. Chairman, I move that the committee tlo Mr. WALSH. Mr. Chairman, will the gentleman yield? now rise, report ihe bill to >the House with the amendments, with Mr. FULLER of illinois. Yes. the recommendation that the amendments be agreed to, and that Mr. WALSH. This provides that anyone killed during any the bill as amended do pass. wur Shall be so considered. ·would not that give the widows of The motion was agreed to. the soldiers killed in the late war a further pensionable stn.tus Accordingly the committee rose; and the Speaker having re in addition to what is provided under the war-risk act? sumed the chair, 1\1r. CBA:M:TON, Chairman of the Committee of 1\lr. FULLER of Illinois. I do not think so. The last clause • the Whole House on the state of the Union, reported that that of the bill I think would cover that. It provides sim_ply that committee had had under consideration the bill H. R. 9023, and the widows of soldiers who died in the service shall be _pension· had directed him to report the same back with certain amend able the same as the widows of those who served for 90 days ments, with the-recorumenetation that the amendments be agreed or mare, as provided under existing law. The widows of i:he to and that the bill as amended fio pass. soldiers of the late war are not pensioned. They receive com Mr. NOLAN. :Mr. Speaker, I move the previous question on pensation. the bill and amendments to :final passage. Mr. WALSH. Of course there is a pension, and we will be The previous question was ordered. legislating to that effect before long. It is called compensation The SPEAKER. -:Is a separate vote demanded on any amend now, but it is under a law wmch gives them certain benefits. went-? If not, the Chnir will pnt them in gross. The question I was wondering if they are receiving :that benefit whether under is on agreeing to the u.mendments. . this law they mlght not .-come in .for additional benefits. The amendments were agr~ to. Mr. ~LLER of illinois. The law already provides .that they, The SPEAKEJl. The question is on the engrossment ana can receive but one pension, and it is held by the Pension Bureau third :reading of the bill. that a widow or anyone J.'eceiving compensation from the Pen The bill was ordered to be engrossed and .read n third timE>, sion Bureau can not at the same time receive a pension. and was read the third time. Mr. WALSH. Suppose she is receiving compensation from The -SPEAKER. The -question is on the passage of tbe bill. the War Risk Bureau? i .Mr. FULLER of lllinois. Jt woulu not make .any difference. The question was taken, and (on a division, demanded by ~IrA BLANTON) there were-ayes 65, noes 3. That .fact would be ascertained before the application for the So the bill -was passed. pension is acted upon by the pension o:fficials. · ' Mr. McLAUGHLIN of Michigan. Mr. Chairman, will .the On motion of 1\Ir, NoLAN, a .motion to reconsider the vote by gentleman yield'/ . whk:h the bill was passed was laid on the table. 1 Mr. FULLER of Illinois. Yes. t The SPEAKER. Has the .gentleman from California any Mr. McL.A.UGHL.IJ.~ of .Michigan. I received a letter this further bUSiness from the Committee on Patents! morning stating that compensation would be allowed either to a l\Ir. i\ULAN. Nothing further. soldier or the widow o.f a soldier, even if a pension were drawn The SPEAKER. The Clerk will call the roll of committees. by the one who has applied for compensation. HONORABLY DISCHARGED SOLDIERS. Mr. FULLER of illinois. 1 thinK that has been the .ruling of The Clerk called the Committee on Invalid Pensions. the War 1Usk Bureau, while the Bureau of Pensions rules other.. Mr. FULLER of Illinois. :Mr. Speaker, I call -qp the bill wise. Mr. CRAMTON. Mr. C.hairman, will the gentleman -yield? (H. R. ~1449) providing that any person who served in the 1A.rmy, Navy, or Marine Corps of the 1Jnited States during any 1\Ir. FULLER of Illinois. Yes. \ war, who was killed" in action, or died !Jf wounds incurred or ¥:c. CRAMTON. I would like to ask the gentleman from Illi- ilisease contracted in such service, shall be lleemed to .have 1>een noiS whether this law would in his opinion AruliY to this case.: honorably discharged ·rrom such service, and to give pensionaD.le Take a soldier who enlisted in the Civil War and who •deserted status i:o the widow or former widow of any s:u.ch person. from that enlistment, who then reenlisted soon thereafter and The SPEAKER. The gentleman "from .Tilinois ..calls up the served out the ba'lance of the enlistment and thereafter died of bill H. R. 11449, and under the rule the Rouse will resolve itself wounds or sickness contracted in the service. Would the \Vidow. automaticallY into the Committee of the W.hole House on the of such a man receive the pension by virtue of tl1is ;pmpo ed state of the Union, and the gentleman .frrun Connecticut law? IMr. Mr. FULLER of .lllinois. I think she would. . Trr.soN] will take the chail·. lli. FULLER of illinois. Mr. Speaker, I ask unanimons Mr. SA..l~ORD. Mr. Chairman, will the gentleman yield? consent that the bill be considerea in the House as in Committee Mr. FULLER of Illinois. Yes. M1:. SANFORD. I hav;e a somewhat lengthy .statement, but of the Whole. the gentleman has time enough. In the work on th-e Militru:Y The SPEAKER. lt has been ruled that that can not ·be done Committee, the subcommittee on desertions .has found qnite a.' on Calendar ·wednesday. The House must resolve itBelf mto few cases whiCh seem to me ought to be considered by the (Ten .the the Committee of Whoie .House on the state of the Union. tleman's committee. Yesterday the subcommittee Jlad a of ~use Accordingly the Honse .resol'Ved itself into .the Committee which I think should be included in this bill. The applicant was the Whole House on the state of the Union fo:r the ~onsideration the widow of a soldier who was honorably discharged, as ap of the bill E. R. 11449, with Mr. TILSON in the chair. peared by the records of the W-ar Department, and who at 1:he The CH.Al.RMAN. The Clerk will report the ·bill. time of .his death was drawing a pension, but w.hen the widow. The Clerk read the bill, as follows: applied for a _pension the Pension Bureau looked up biB record Be it etw.cted, etc.~ That every person who served in the Arm_y, Navy, and_ found a record of a court-martial proceeding against him :in or Marine Corps of the United J3tates during n.ny wru:, who was killed in action, or died of wounds incurred or disease eontracted in suCh 1"86u, .and although for 20 years he drew a pension, ~et because service, shall be deemed to have been honorably disl!barged from such of the record of the court-martial the_y refused a pension to the service ; and any widow or former widow of suab person -shall be entitled widow. Our committee would be expected -to -pass favorably on to be paid a pension at the same rate as is paid to widows or ..former widows of soldiers, sailors, nnd marines who ~erved in nny such -war such a case, and I am sure the House wotild pass fa vorabl~ fot· 00 days or more and were honorab1y discharged therefrom : Pro npon it. The court-martial offense wa.s trivial, away back m: 1\lr. SANFORD. I think not, and I have examined it ;for that law, in addition to both of such monthly remittances she that purpose. In the case I have in mind the soldier was is now receiving, she will yet be pensionable under the terms wounded. In order to bring the widow under this bill it will of this bill. Because her husband died in a war or died from be necessary to show that he died of his wounds. If the gentle wounds inflicted in this war, what takes her out of the terms man will accept ruy amendment, I will try to get it into form. of this bill? I ask the chairman to point us to the provision 1\lr. FULLER of Illinois. I will accept the amendment if the of this bill that exempts her from its terms? gentleman will draw it. Mr. DOWELL. Will the gentleman yield? l\Ir. HULINGS. Will the gentleman yield for a question? Mr. BLANTON. I yield. Mr. FULLER of illinois. Certainly. Mr. DOWELL. You would not want to deprive the widow 1\Ir. HULINGS. Under the law at present if a soldier has of receiving the insurance money, would you? been court-martialed and the sentence of the court is anything Mr. BLANTON. Oh, no; I want her to receive it. short of dishonorable discharge does that in any way affect his Mr. DOWELL. But he paid for that, just the same as if right to a pension? . he were in civil life. Mr. FULLER of illinois. I do not think it would under eXIst Mr. BLANTON. The gentleman surely does not believe that. ing law. I do not think that a case would lie at all. Mr. DOWELL. He paid for the insurance, certainly. l\Ir. Chairman, if any gentleman desires time, I will yield. Mr. BLANTON. 1.'he gentleman is too good a business man, MESSAGE FROM THE SENATE. he is too intelligent, he has too much knowledge concerning the The committee informally rose; and Mr. McKENziE, having insurance business of this country, to believe that that was a taken the chair as Speaker pro tempore, a message from the business transaction between this Government and our soldiers Senate, by 1\lr. Crockett, one of its clerks, announced that the who took out the policies. Why, the gentleman knows that for Senate had agreed to the amendments of the House of Repre an insignificant monthly payment, wholly incommensurate with sentatives to bills of the following titles: the risk and hazard, this Government provided insurance to men S. 2476. An act to amend the act establishing the eastern dis whose hazard no business institution of the country anywhere trict of Kentucky; and or in any of the civilized nations of the world would have ac S. 3427. An act to establish a commission to report to Con cepted for any" kind of a premium. The gentleman knows that. gress on the practicability, feasibility, and place, and to devise It was more of a gift, it was more of a gratuity, on the part plans for the construction of a public bridge over the Niagara of this Government, to our splendid soldiers who risked their River from some point in the city of Buffalo, N. Y., to some lives in the trenches of France. point in the Dominion of Canada, and for other purposes. But I want to get some information. The chairman of the The message also announced that the Senate had disagreed to committee in reply to the distinguished gentleman from Massa the amendments of the House of Representatives to the bill chusetts said that these widows would not draw a pension under (S. 3076) authorizing suits against the United States in ad this bill. Now, I ask him if he can shoW" me the provision in miralty, suits for salvage services, and providing for the release this law that exempts them? of merchant vessels belonging to the United States from arrest 1\fr. HULINGS. Will the gentleman from Texas permit a and attachment in foreign jurisdictions, and for other purposes, question? had requested a conference with the House of Representatives Mr. BLANTON. I will. on the disagreeing votes of the two Houses thereon, and had Mr. HULINGS. Suppose a man who has been a good soldier appointed Mr. JoNEs of Washington, Mr. McNARY, and Mr. during the Civil War-- Sr:uMoNs as the conferees on the part of the Senate. Mr. BLANTON. Let us get away from the Civil War now The message also announced that the Senate had disagreed and get down to the more recent war. to the amendments of the House of Representatives to the bill Mr. HULINGS. Suppose he dies, leaving a widow, and under (S. 3371) authori~ing Gordon N. Peay, jr., his heirs and as our pension laws he has been entitled to $12 a month-recently signs to construct, maintain, and operate a toll bridge and increased to $25-and the widow has a son that went into the approaches thereto across the White River, had asked a con recent service, and he bought insurance, and entered into a con tract with tl!e Government-- ference with the Hous~ on the disagreeing votes of the two Houses thereon, and had appointed Mr. CALDER, 1\ir. EDGE, and Mr. BLANTON. I anticipate the gentleman. She ought to 1\ir. KmBY as the conferees on the part of the Senate. draw the Civil War pension, and ought also to draw her insur The message also announced that the Senate had passed ance, and ought to draw the compensation, if she were depend bill of the following title, in which the concurrence of the ent, because she lost her husband in the Civil 'Var and she lost House of Representatives was requested. her son in the late war with Germany. She ought to draw An act (S. 3331) granting the consent of Congress to the In _it all. terstate Construction Corporation to construct a bridge across Mr. HULINGS. In that case, why are you against the bill? the Columbia River, between the States of Oregon and Wash Mr. BLANTON. Because my good friend's illustration doesn't ington, at or within two miles westerly from Cascade Locks, apply. This bill is brought here under the statement of the in the State of Oregon, and granting a license to construct chairman that it does not apply to the widows who lost their and maintain the approach to said bridge over property be husbands in the late war against Germany. longing to the Government of the United States. Mr. FULLER of Illinois. Will the gentleman yield? The message also announced that in accordance with the Mr. BLANTON. I will. provisions of the concurrent resolution of January 15, 1920, Mr. FULLER of Illinois. In order to avoid any question providing for a commission of Congress to visit the Virgin about that, I will offer an amendment providing that no widow Islands the Vice President had appointed Mr. KENYoN, Mr. who receives compensation on account of service in the late war EnoE, and Mr. GAY as members on the part of the Senate. shall be pensionable under this act. Mr. BLANTON. I feel grateful to the chairman for such HONORABLY DISCHARGED SOLDIERS. assurance. The bill as drawn says "any war." It takes in the The committee resumed its session. late war with Germany as well as the Spanish-American War, l\Ir. BLANTON. Mr. Chairman, I am opposed to the bill, as well as the Civil War, as well as the Mexican War, and as and I ask recognition in opposition to it. well as any war of conflict with which this country has ever The CHAIRMAN. Is there a member of the Committee on been afilicted. With such an amendment properly drawn it wil~ Invalid Pensions who is opposed to the bill and claims recog get rid of that qu~stion. nition? If not, the Chair will recognize the gentleman from But I want to call the chairman's attention to another defect Texas. in this bilL Say a man did not volunteer in the Civil War to Mr. BLANTON. Mr. Chairman and gentlemen, the point protect his country. And right here I want to say this: 1\ly raised by the distinguished gentleman from Massachusetts father, as a volunteer, served four years as a Confederate [Mr. WALSH], who is one of the ablest lawyers in this House, soldier. is a good point in my judgment, regardless of the opinion of I was brought up in a~ atmosphere that surrounded such a the chairman. There can be no question but that under the service, and revere, love, and honor the lost cause for which terms of this bill the widow of every soldier in the late war, my father bravely fought; but do you suppose I am not glad notwithstanding the fact that she now may be drawing her of the termination of that war in the way it did terminate? $10,000 of insurance, which was provided by Congress to take Why, as an American citizen, I am now glad of it. [Applause.] care of the ordinary pensionable status that otherwise should Our beloved Republic was preserved and slavery abolished. I properly attach to such death, and notwithstanding the fact that am glad of it, although it meant great suffering and enormous in addition to the $10,000 insurance slie may now be drawing financial sacrifice to my family and to the people of my par the additional cornpensaion from the War Risk Bureau, based ticular section of the country and the fair Southland. But I upon dependency, that is provided for in ttnother feature of am an American citizen; and I believe that if my father were 1920. CONGRESSIONAL RECORD-HOUSE. alive-my father, who voluntarily served four years his cause What does tb..is b-ill pro-vide'! It provides that the widow of con cientiously and lost-he would be glad that I have that any man who was- in. the service of the United States in any kind of spirit of AmeTicanism in me now. war-w.hethe.t: it was servi:ce· f"or one minute, five minutes, or But I want to say tllis ~ Sup~e yon find a man who had a day, or a week, or a month, it matters not-any 3ervice for been drafted into the service of his c.ountTy to protect" his any time in the Ubited States during an:v; war-- :ftag-Ilf.lt vollllltee.red, but drafted inw tb:R. service-and incl.· Mr. RICKETTS. Mr. Chairman, will the gentleman yield dentally he g Mr. VAILE. Will -the gentleman·yield to me for a i:noment? titled to· a pensionable status, and that ought to be the law and Mr. BL~WTON. Yes; but first I want to fully answer the it ought to remain the law. But read this bill. It is easily gentleman from Ohio . . What I said about a drafted man· was understood. It is a short bill in plain, simple English. Its pro purely a possible hypothetical case that could arise in this visions mean that if any man ever did any service for this country or might have exiE>ted during the Civil War and come country in any war, regardless of whether he deserted or not, within the provisions of this bill. It had no reference to the there is no exemption made with regard to desertion, and he dies · many los·al, patriotic men, even in that war, who were drafted. from wounds or disease contracted while in the service his widow It had no reference to the splendid young soldiers of America is paid a pension, notwithstanding the fact that before the war who were drafted in the re<'ent war and who loyally served their closed this man became a deserter and hid out from service. country. You can not get away from this construction of the bill, gentle Mr. BARBOUR. Will the gentleman yield? men, and if it is passed in its present form some \vidows of de Mr. BLANTON. In just a moment. I am going to answer serters will be paid pensions. the gentleman from Ohio [Mr. RICKETTS] if it takes all my hour. Now, the gentleman asks what \Vould I do if I were on the Then I am going to yield first to my friend from Colorado [Mr. bench construing the bill. VAILE]. Now, does the gentleman from Ohio get this fact, that Mr. VAILE. In the case as presented where the \Vidow of a if a man who was drafted into that Army, served an hour or a soldier is the widow of one who by his own act acquired a definite day or a week, and then deserted, he was in the service? legal status, with all the disabilities of a discharged soldier. Mr. RICKETTS. He was in the service as long as he stayed Mr. BLANTON. If I were on the bench I would carry out 1n it. the law whether it conformed to my own ideas or not. Mr. BLAl~TON. But suppose he afterwaras deserted? Mr. VAILE. We know that the gentleman would do that Mr. RICKETTS. Then he was out of the s-ervice. anyway. l\fr. BLANTON. But he had served in a war, had not he? l\fr. BL.A!~TON. When I was on the bench at one time in 1\fr. RICKETTS. Oh, yes; but he was not wounded. my life the law of the State of Texas provided that in oraer l\ir. BLLN"TON. But suppose he was wounded during that to introduce a deed to a man's home, to prove his title in some hour or that day or that week of forced service. This bill cases, he must file it among the papers of the case three days makes no diRtinction. before the trial commenced and give the opposite counsel notice Mr. RICKETTS. He would not be a deserter if lle was killed of that filing. Otherwise you could not introduce such deed in the service and went out of it in that honorable way. in evidence. Such a case as that came up in my court, where l\fr. BLAKTON. But suppose after being drafted-- one shrewd lawyer was trying to take advantage of a less 1\fr. GARD. Mr. Chairman, a point of order. informed young lawyer. A man's home was involved and the The CHAIRMAN. The gentleman will state his point of roof that covered and sheltered the heads of his \vife and chil order. dren was the stake. It was my duty under the law not to admit Mr. GARD. It is certainly not in the interest of decorum that his deed in evidence and to let a sco)mdrel take his property. there should be colloquy between gentlemen in the way this is I had to hold that he could not offer his deed. But I will tell ·going on-one standing and one sitting. you what I did. do, my good friend from Colorado, I took the 1\lr. BLANTON: I am not responsible for the gentleman from bit in my mouth and I said that all announcements in this case Ohio remaining in his seat. are withdrawn and the case is continued until the next term of The CHAIRMAN. When a gentleman interrupts he mm;t rise court for trial. and obtain the permission of the Chair. Mr. VAILE. A,nd I have no doubt that gentleman will Mr. RICKETTS. I hope my colleague from Ohio [Mr. GABn] find some equally simple and reasonable way of settling the will observe what actual1y happened. I did not interrupt the difficulty that I have suggested. [Laughter.] gentleman by asking him a question. He came over and asked Mr. BLANTON. No; you could not do it, because the Pension me a question. Department does not sit as a juage. It sits to carry out the Mr. BLANTON·. My hearing must have been at fault. I was will of this Congress expressed in laws, and it is our duty to under the impression that the gentleman asked me several ques pass proper laws. If this bill does mean what I say it means, tions. and no good lawyer in this House can escape the lega,l point Mr. RICKETTS. When I was sitting down the gentleman I have made--if it does mean what I say, do you want to asked me a question. giv~ that class of widows a pensionable status? If you do, Mr. BLANTON. I had no way of compelling the gentleman vote for it; that is all. The distinguished chairman of the com to rise to answer me. I had to leave that to his own discretion mittee has admitted that the first point I made is good and and courtesy. has aamitted that he will offer an amendment to cure it. If l\Ir. RICKETTS. The gentleman does not owe me any apology. the second point is good, why not offer an amendment to cure He owes his apology to the gentleman from Ohio [Mr. GABD]. that. I do not care to take up further time of the House, llr. Mr. BLANTON. I take it I have answered the gentleman, that Chairman and gentlemen. I have taken what time I have in if a man who was drafted into the service during the Civil War a zealous effort to discharge my duty as a Representative of served an hour or a day or a week, and during that short the people of this country, and I yield the floor. service he was wounded or contracted a disease from either of l\fr. FULLER of Illinois. l\fr. Chairman, I will yield five which later on in life he died, that man was in the service of the minutes to the gentleman from Texas [Mr. BEE]. I see, how United States in a war, and even though he became a deserter, ever, that he is not just at present in the Chamber. he comes within the provisions of this bill, which gives him an Mr. BLANTON. Mr. Chairman, I reserve the balance of my undeserved honorable discharge and which gives his widow a time. I want to yield five minutes to the gentleman from Texas pensionable status, and thus rewards desertion. Now, I yield [l\fr. BLACK]. to the distinguished gentleman n·om Colorado. Mr. SMALL. Will the gentleman yield to me to make n. l\Ir. VAILE. I think I appreciate the point which the gentle unanimous-consent request? man is arguing so ably, but let me suggest this: Desertion fixes Mr. BLACK. Certainly. a legal status. It constitutes a dishonorable separation from Mr. SMALL. l\Ir. Chairman, I ask unanimous consent to the Army. It is an affirmative act constituting a dishonorable extend my remarks in the RECORD. separation. The CHAIRMAN. The gentleman from North Carolina asks l\Ir. BLANTON. Under the existing law that is true. unanimous consent to extend his remarks in the RECORD. Is llfr. VAILE. Exactly. there objection? 1\fr. BLANTON. But when we pass this bill we change the Mr. KEARNS. Mr. Chairman, a parliamentary inquiry. present law and give that man an honorable discharge regard The CHAIRMAN. The gentleman will state it. less of his subsequent desertion. Mr. KEARNS. When the gentleman from Texas [l\fr. ELAN· 1\Ir. VAILE. If the gentleman from Texas was on the bench TON] left the floor he yielded the floor. Later on he reserved deciding the question as to whether a man who by his own un his time, and I want to know if that can be done; not that I ·patriotic act had acquired the status of a dishonorably dis have any objection, but I want to know as a matter of parlia charged soldier he would decide that no subsequent legislation mentary practice. of a general character designed to reach the cases of men killed Mr. BLANTON. Mr. Chairman, I was not aware that any in action or who died as the result of wounds or disease con other gentleman wanted to speak. tracted in the service, could affect that man's status. It seems The CHAIRMAN. The Chair's recollection is that when the. to me that where a man has acquired the distinct legal status of gentleman left the floor he yielded the floor. No one made any, a dishonorably discharged soldier that would not be affected by claim for further time, and then the gentleman renewed the this bill which is general in its terms. request that he be allowed to reserve the balance of his time Mr. BLANTON. Now, I will answer the gentleman. Under and yield to the gentleman from Texas [Mr. BLACK], and n~ the existing law any man who deserted his country is not en- objection was made. 1920. CONGRESSIONAL RECORD-HOUSE. 1847 Mr. KEARNS. I ba\e no objection, I merely rose as a mat Mr. FULLER of Illinois. Yes. ter of information-wlletber a .Member could yield the floor and Mr. VAILE. Let me suggest to the gentleman from Ohio then later on take it back and reserve _the balance of his time. [Mr. GARD] that I think he will find that arises from what .. The CHAIRMAN. There was no objection made to it at the seems to some of an injustice in the pension law, providing time, and the Chair could have again recognized the gentleman that in case of Regulars their service must have been 90 da~t· from Texas. active service, which is construed by the Pension Departmt~t 1\lr. BLACK. 1\lr. Chairman, I would like to ask the chair to have been service at the scene of action in the Spanish Wrtr. man of the committee [1\Ir. FULLER] about the language of the I have a bill pending which I have introduced which seeks co bill. I notice that the lan;:mage of the bill provides that a correct that. soldier, sailor, or rnm·ine killed in action shall be deemed to be Mr. GARD. That is unquestionably a defect, because it seems honorably discharged from the service. Is that not the law at to me that if a man is injured in the service and is compelled the present time? If a soldier is killed in action, is he not to retire from the fighting front and go to a hospital for 60 or deemed to have an honorable discharge by the very fact of his 80 days, that certainly should be construed as being military death? service, because he is absent from the conflict through the Mr. FULLER of Illinois. Not under the recent pension legis injury that be received in action. lation. It requires the service of 90 days and an honorable dis Mr. VAILE. That is a very glaring case of it. I contend charge from such service. that if he was in the United States, and never could have been Mr. BLACK. Does the gentleman mean to say that under at the Battle of San .Juan at all, he should have a pensionable the pension act if a soldier of the Civil War had enlisted on the status. 1st of April and was killed during that month that his widow Mr. GARD. I have not had the privilege of seeing the gen would not have a pensionable status under the act the gentle tleman's bill, but it seems to me that there is a manifest in man speaks of? justice about the right of the Regular Establishment of the Mr. FULLER of Illinois. Not under the act of September 8, Army of the United States in the case I have cited. 1916. The report contains a copy of the opinion of the Pension Mr. FULLER of Illinois. It is very difficult to cover all of Bureau denying pension to a widow whose soldier husband died those cases in one bill. If the gentleman can suggest any in the service, and therefore was not discharged. amendment, I do not know but that it might be agreeable. Mr. BLACK. In another pm·t of the bill it provides that this Mr. Chairman, I ask for the reading of the bill ·for amend- pension shall be paid to the widow or a former widow of such ment. person. If that widow had remarried, I presume as long as the The CHAIRMAN. The Clerk will read. second marriage relation exists she would not be held to be a The Clerk read as follows: form:er widow? Be it enacted, etc., That every person who served in the Army Navy, Mr. FULLER of Illinois. Certainly not. or Marine Corps of the United States during any war, who was killed Mr. BLACK. Of course, if she should be divorced from that in action, or died of wounds incurred or disease contracted in such service shall be deemed to have been honorably discharged from such soldier or he should subsequently die, she would become the service; and any widow or former widow of such person shall be enti former widow of the soldier. tled to .be paid a pension at the same rate as is paid to widows or Mr. FULJ.... ER of Illinois. That would bring her under the former widows of soldiers, sailors, and marines who served In any suc.h war for 90 days or more and were honorably discharged therefrom : provisions of the Ashbrook law. Provided, That no pension under any general or special act shall be Mr. BLACK. That is the construction of that law as now in- reduced by anything in this act contained. terpreted by the Pension Department? Mr. FULLER of lllinois. . :Mr. Chairman, I move to amend, on Mr. FULLER of Illinois. Yes. page 1, line 4, by inserting the words "prior to April 6, 1917,'' Mr. BLACK. I yield back the rest of my time. after the word "war." Mr. GARD. Mr. Chairman, will the gentleman yield? The CHAIRMAN. The gentleman from Illinois offers an Mr. FULLER of Illinois. Yes. amendment, which the Clerk will report. Mr. GARD. I am interested in having the benefit of the gentleman's opinion regarding this bill. Manifestly it would The Clerk read as follows: seem to me that a soldier in any war in defense of the Union, Page 1, line 4, after the word "war," insert "prior to April 6, 1917." who was killed in action or who died of wounds incurred or Mr. DAVIS of Tennessee.. Mr. Chairman, I make the point disease contracted in the line of service, would be an honorably of order against the bill. I tried to get recognition of the Chair discharged Union soldier. It is the gentleman's contention that before the chairman of the committee was recognized. I make the Bureau of Pensions has held that under the act of Septem the point of order against the bill on the ·ground that it is re ber 8, 1916, unless there ·be 90 days' actual service, there is no ported out by the Committee on Invalid Pensions, which has no pensionable status? jurisdiction except upon Civil War pensions, and this bill under· .1\Ir. FULLER of Illinois. And a technical discharge. takes to cover pensions in other wars. Mr. GARD. Let me call the gentleman's attention to a case Mr. BLANTON. I make the point of order that the point which I have in mind, if the gentleman has time to enlighten comes too late, debate having ensued on the bill. me. A man was a member of the United States Army, on his The CHAIRMAN. The Chair will hear the gentleman from second enlistment, ·and was sent into the Battle of San .Juan Tennessee. · as a member of the Regular Army, on second enlistment. He Mr. DAVIS of Tennessee. Mr. Chairman, this is a bill whiclJ was shot in the foot and in the thigh on, say, .July 1 or 2 in embodies some features over which this committee has jurisdic· 1898. He was not discharged from the Regular Army until tion. That being true, the Members of the House are not sup .January, 1899, when he was discharged for medical disability. posed to know the contents of the bill until they have heard it There was a ruling from this same department, under this law, read. There was no opportunity to make the point until we I apprehend, that he had no pensionable status, nor had his knew the contents of the bill. I think the same question has minor children a pensionable status, because it was held that arisen before, at which time a decision was rendered by the he had not served actually 90 days in what they termed gentleman from Virginia [Mr. SAUNDERS], who was presiding. "active service." The point I have in mind is this: ·where one The point was made that the point of order came too late, but is injured in the service and is confined in a hospital because of the Chair at that time held that it was a point that could ba gunshot wounds received in action, does not that constitute made even after the bill was read and had been debated. active service? The CHAIRMAN. The Chair will hear the gentleman from 1\Ir. FULLER of Illinois. I should think so. Texas if he wishes to be heard on his point of order. Mr. GARD. This soldier of the Spanish-American War, on Mr. BLANTON. Mr. Chairman, the rules and precedents of second enlistment, Regular Army man, was wounded and com the House clearly provide that no point of order against an pelled to retire from active service before he bad served on this entire bill is good where debate on the bill against which the second enlistment actually 90 days. He was not discharged point of order has been made bas been had. This is likewise until some six months after that, and then was discharged for true as to a section of a bill, where debate bas been on the medical diRability, but the contention of the examining board section before the point of order has been lodged against it was that he had not served 90 days' active service at the time That is a rule which is well recognized by the House, and I he received the wounds which made his absence necessary think it has been so decided by the present occupant of the from the firing line. Is there anything in this bill which would Chair. correct such a state of affairs? The CHAIRMAN. The Chair will hear the gentleman from Mr. FULLER of Illinois. The gentleman could form an Illinois [Mr. FULLER] on the point of order. opinion on that as well as I. I do not know. 1\fr. FULLER of Illinois. l\1r. Chairman, in my opinion, the Mr. VAILE. Mr. Chairman, will the gentleman yield to me point of order comes too late, if it were 111ade. I do not think for a moment? it is good in this particular case. If of tllis bill the Com- LIX--117 184·8 OONGRESSION AL RECORD-HOUSE. JANUARY 21, mittee on Invalid Pensions does not have jurisdiction, .I do not [1\Ir. DAvis] is making a point of or Pensions, for the manifest reason that on the whole the Com when that portion of the bill is reached to which the point of mittee on Pensions would have no better right to it than the order lies? Committee on Invalid Pensions. But should the Committee on Mr. SAUNDERS of Virginia. Precisely; and I challenge the Invalid Pensions undertake to report a bill providing first for contention that there is any other time at which it could be veterans of the Civil War, and then eo nomine for veterans done. of the Spanish-American War, it would as to the latter pro This is the reason why, in a proper case for rereference, the vision be plainly encroaching upon the jurisdiction of the motion must be made at the prescribed time. The rules fix the Committee on Pensions. An action in excess of authority is time for this motion. If you do not take advantage of your op certainly a question of order, and in due course should be portunity, then you have slept on your rights; you are guilty of reached and corrected by a point of order. The subject matter laches; you have had your day in court. But with respect to a proper to be dealt with by the Committee on Invalid Pensions, bill that has some particular content in it, not within the juris are the pensions of thE' Civil War. Pensions of all other wars diction of a particular committee, there is no motion you can belong to the Committee on Pensions. Committees should not make when the bill is referred. Therefore you can not be report bills dealing with matters foreign to their jurisdiction charged with sleeping on your rights, when you raise a question and authority. Should they undertake it, this exercise of against this illegal content in the Committee of the Whole. usurped authority, should be challenged. How can it .be chal 1\ir. WINGO. Mr. Chairman, will the gentleman permit an lenged until the bill containing the offending matter 1s under other question? consideration for amendment, and such matter is reached in due Mr. SAUNDERS of Virginia. Yes. course? Mr. WINGO. Do I understand that the part objected to as 1\:Ir. FULLER of Illinois. 1\lr. Chairman, will the gentleman not being within the jurisdiction of the committee is a matter yield? that it is contended no committee has jurisdiction of? Mr. SAUNDERS of Virginia. Yes; certainly. Mr. SAUNDERS of Virginia. No; the contention is· that it 1\Ir. FULLER of Illinois. What committee would? is within the jurisdiction of other committees. 1\Ir. SAUNDERS of Virginia. In the case supposed, either Mr. WINGO. I thought tlle question was raised as to what cmpmittee--yours as much as the other committee. committee you would send it to. 1\lr. FULLER of Illinois. I agree with that proposition. Mr. SAUNDERS of Virginia. No. Suppose this question Mr. SAUNDERS of Virginia. But if in your committee you had been raised in the beginning. Part of the bill belongs to fail to purge the bill of the matter, not falling within your the Committee on Invalid Pensions, and part of it to the Com jurisdiction, and the bill is reported with this illegal content, mittee on Pensions. On the whole the Speaker sends it to the tllen the House on a point of order can do what you should have Committee on Invalid Pensions. The Committee on Pensions done in the committee, namely eliminate the illegal matter. could not sustain a claim for rereference, for on the whole it That is all for which I am contending. Take another illus has no better clain1 to the bill, than the Committee on Invalid tration: Suppose a bill appropriate to a committee, is referred Pensions, and is no more empowered to deal with the compound to that committee. Later the committee reports the bill with a subject matter of the bill, than the other committee. section added that upon inspection is plainly in excess of its Mr. WINGO. It occurs to me that if that happened in the jurisdiction. Is this assumption of authority, this action in committee you would not have a question of rereference, but contempt of the rules prescribing jurisdiction to go unchal tlle committee would decide, " While we have jurisdiction over lenged? And if this illegality is challenged, how and when may certain portions of the bill, we will absolutely cut out the other that action be taken, save when the bill is under consideration, portion of the bill, because we have no jurisdiction to consider nnu by a point of order to the objectionable matter when it is that subject." reached in due course? Mr. SAUNDERS of Virginia. That is precisely the point I This has often been done in this body. As Chairman of the am making-that no point of order can be made at the time of Committee of the Whole I have had to pass on this precise ques the original reference, and that it must be pr~sumed that the tion. On September 19, 1918--see CONGRESSIONAL RECORD, page committee in its own deliberations will eliminate that portion 10525-the House was in Committee of the Whole considering of the bill over which it has no jurisdiction. Should it fail to the revenue bill. Mr. WALSH of Massachusetts made the point do this, then the House or the Committee of the Whole can act of order that a paragraph of the bill did not relate to the when the bill is reported and under consideration. revenue or bonded debt of the United States, and therefore was Mr. SANFORD. Then would you not have this situation, not within the jurisdiction of the committee reporting the bill. where the House never could consider matter in a bill if a point The rules of the House limit the jurisdiction of the Committee of order was made to so much of the bill as would be technically on Ways and 1\Ieans, to the revenue, and the bonded debt of the beyond the jurisdiction of the committee having the bill in United States. The paragraph complained of did not fall under charge? either head, I ruled and I think correctly, that the point was Mr. SAUNDERS of Virginia. Not at all. That particular well taken, and the offending paragraph should be stricken committee could not act on the offending matter, but the appro from the bill. The Committee on Roads is empowered to report priate committee would have jurisdiction. I will illustrate on matters relating to the construction or maintenance of roads, again. The contention that I am making is that the Committee but not to make an appropriation. · Suppose this committee on Invalid Pensions should not include in a bill which it reports should report a road bill, and undertake to include an appro matter that belongs to the . jurisdiction of the Committee on priation, would the chairman decline to entertain a point o:t Military Affairs. The contention that I am making is that the order specifically directed to the appropriation, on the ground Committee on Invalid Pensions should not include in its bills that the same was in excess of the jurisdiction of the com matter that belongs to the Judiciary Committee. Should it mittee? If the Chair would decline to entertain this point of undertake to do this illegal thing, I contend that the House is order then in what way would this undertaking of the Roads not powerless to deal with the situation. Why do the rules Committee to become an appropriating committee be appro establish the jurisdiction of the several committees if they may priately challenged? act unrebuked in excess · of the prescribed limits? The rules 1\Ir. WINGO. 1\Ir. Chairman, will the gentleman yield? prescribe in detail the jurisdiction of each committee. To what Mr. SAUNDERS of Virginia. Certainly. end, if they may pass these boundaries without restraint, or Mr. WINGO. I am not familiar with this controversy. Does control by the House? the gentleman contend that this committee is acting beyond its Mr. BLANTON. Will the gentleman yield? jurisdiction? Mr. SAUNDERS of Virginia. Yes. Mr. SAUNDERS of Virginia. Not altogether. Some of the Mr. BLANTON'. Under the gentleman's contention we would matter in the bill, as -I understand the facts, is properly under have this state of facts: There has been a time when the House the jurisdiction of the committee. has authorized the Comnlittee of the Whole to have as much as Mr. WINGO. Then it is your contention that, having some 12 hours' general debate on a bill, which sometimes takes 3 portions of the bill falling within the jurisdiction of the com days. Then, under the gentleman's contention, a Member could mittee that reported it, a point of order on the whole question of come in here and sit quietly by and wait until three days have jurisdiction could not have been made in the beginning? been consumed in general debate on a bill, and then when the 1\Ir. SAUNDERS of Virginia. Yes; a point of order on the bill was read under the five-minute rule he could get up and whole question of jurisdiction could not have been made in the make the point of order that the committee reporting the bill beginning. It could not have been appropriately made for the did not have jurisdiction of it. reason that there was no other committee to which the bill could Mr. SAUNDERS of Virginia. Of course, he can, as to a par. be more properly referred than to this committee. ticular section which does not fall within its jurisdiction. Mr. WINGO. Your position is that some portions of the bill Mr. BLANTON. And all that time would have been wasted. do not fall within the jurisdiction of the committee, and the Mr. SAUNDERS of Virginia. Not at all. Let me call the proper time at which to make the point of order against it is attention of the gentleman to the fact that I have seen him sit 1850 CO.CGRESSIONAL RE-CORD~TIOUSE. J~NUARY 21,. here during debate, and later do thRt very thing after hours Iand sections 436& and 4372 o.f volumC' 4, have- been cited to show of general debate. When the consideration of a bill :vas aJ;most that UPQn consideratio:J. of a bill coutaining some matter not concluded under the five-minute rule, I ha"Ye seen him rmse a bel'Ongiog to the jm:isdiction of the eorumittee reporting tbe bill, point of order to a section of the bill on the ground that it .was a point of order- may n'Ot be m de against this matter. But all not in order, and have it stricken out. of these c-itations refer to the totally different situation of a bill Mr. BLANTON. Oh, yes; because it was an appropriation that bas been improperly referred, a,nd coiTection is not made bill, and reservations of all points of order had been made as prescribed by the rules. In such case when the bill is re against it when it was introduced on the floor; but if it was any ported, no objection can be made to the effect that the committee <>ther bill, the time for making the point of order would come making the report was without original jurisdiction of the entire when the section was read. Now, this point of order is to the sub~t matteJ.·. whole bill. M.tr. SMITH of Michigan. What would be the effect on the l\Ir. SAUNDERS of Virginia. No; it is not to the whole bilL bill if this point of order had not been raised? "The chairman of the committee admitted that there was some Mr. SAUNDERS of Virginia. What would have been the matter in the bill that did not belong to the jurisdiction of his effect on the Post Oflke appropriation bill if the point of order committee. had not been raised as to the portion of it relating- to ex.peri... 1\Ir. BLANTON. But I understood the gentleman from Ten- mental tJraffic on the rural routes? The bill would have been nessee to make a point of order against the whole bill. passed with that provision in it, and the whole would have l\lr. SAUNDERS of Virginia. I do not so understand the sit- become the law. If a point of order is not raised against uation. If that is the situation, then I have nothing- to say. legislation on an appropriation bill, the legislation remains in 1\fr. BLACK. Will the gentleman yield fot just one sugges~ the bill and becomes law. That answers the gentleman's ques- tion? tion. Mr. SAUNDERS of Virginia. Yes. Mr. l\IOORE ot Virginia. 1\.Iay I ask the gentleman a ques- 1\Ir. OSBORNE. Will the gentleman yield? tion? The CHAIRMAN. ?oes the gentleman from California desire 1.\-lr. SAUNDERS of Virginia. Certainly. to be heard on the pomt of order? Mr. MOORE of Virginia. ::r: ask the question as one who Mr. OSBOR~'"E. I d~. . . . knows little about the parliamentary law and who in a way . l\lr. S~UNDERS of Vu·gmta. I have not yielded the .floor. I sits at the feet of the gentleman in respect to that subject. Sllllply. Yielded to the gen.tleman from Te~ for. a question. I find it stated in a note to the rule which the gentleman has ~lr: B~CK. I reca~ that in the consideration of an appr. will be conected by ad of CoDgress. :But if be is a deserter, Mr-. STEPHENS of Ohio. The gentleman spoke about de- why-- sertions. I simply want to call his attention to one :particuln:r 1\lr. SAi"FORD. Mr. Chairman, will the gentleman yield?' case that I am familiar with. Mr. HUDDLESTON. Yes. Mr. HUDDLESTON. We are. an familiar with such cases. 1\fr. SANFORD. Would the gentleman be in favor of holding Mr. STEPHENS Of Ohio. I want to call attention to a case a man to be a deserter whose. leg was shot off at Gettysburg, where a man serred as a captain,. fought at Shiloh,. a.nd went if the records in the War Department show that fact, and home and lived for years, and farmed, and after bis death his truthfully so? widow discovered that bis record in WashiD.ooton showed that 1\llT. HUDDLESTO:N. The gentleman knows that Congress he was a deserter, and tllat record has never been cleared up. has corrected every erroneous recOl'd of that kind when it has · 1\Ir. HUDDLESTON.. He may have been a deserter :for all I been brought to its attention. We have been correcting such know. Many soldiers have fought in battle and subsequently recol·ds for many years, and I believe there are. no remaining deserted and gone. home. cases of that kind where. the veteran can make the necessary Mr. STEPHENS of Ohio. Neverw proof. Theilr records hating been c.orrected so as to show the The CHAIRl\I.AN. The time of the gentleman from Alabama :facts, all such men and their widows are now pensione(4 so has expired there is no point to the gentle1llil.Il's question. Mr. BLANTO:N. l\lr. Chairman, I mo\e to strike out the last Mr. SA...WORD. Tiley may not have had their legs. shot off, word. but they may lia.ve. been shown to. have been seriously wounded. The CHAJ:Rl\IAN. TW gentleman from Texas moves to .strike. l\Ir. HUDDLESTON. Of course, there are cases where a. man out th-e last word. is set down as having deserted, and 40 years afterwards he l\Ir. BLANTON. Mt'. Chairman,. I want to take only a minute comes forward and says that record of desei"tion was made to say tills: We can not fool ourselves on this bill, because under while he was in a hospital sick.. He· may have beeu i.n a lros- its present terms you will find that there can be a case where. a pital. There is no way of proving that he was. not. But the man has ~rved in the Army and has contracted a disease m· chances are that that was a mere excuse, an insincere excuse, has been wo.unded, even in the. line of his service, and afterwards m1.d that the man ran away because he was tired of the Army. deserted; and yet tmder the ta·ms of this bill his widow will The gentleman from New York [Mr. SANFoRD] speaks pathet- draw a pension. ically about a man being found biding under a bed. If a man Gentlemen, do not deceive yourselyes, because- this p<>ssibility is a real deserter, that is probably where he would be found. does. exist rn this bill under its present phraseol~cry, and you li a llilln is. a real deserter, that is one situation. If, on the can not get away from it. Without amendment, in Toting for other hand, he is unjustly cbarge.d with being a deserter, that this bill,. you will vote to reward a deserter who deserts his is another situation. If this hill purposes to give pensions to flag in war time~ real deserters, it is an outrageL If., on the other hand, it is The CHAIRMAN. The question is on ag1·eeing to the amend- intended simply t() give 1·elief to widows of men who are- un- ment. justly charged with desertion, tha..t is a different proposition. The amendment was agreed to. 1\lr. QUIN. 1\Ir. Chairman, will the gentleman yield 'l l\lr. BLA.. CK. :1\U'. Chairman, I offer an amendment~ l\Ir. HUDDLESTON. Yes. The CHAIRMAN. The gentleman from Texas offers an lli. QUIN. The. gentleman is correct as to the policy on the amendment which the Clerk will report. part of Congress of relieving men from unjust charg.es af de- The Clerk read as follows : sertion. While. I was on a SD.bcommitte.e there -were 2,000 cases Amendment offered by Mr. Bucx = Page 1, line s, after the word· of men who we~e. recorded as deserters who were endeav.oring "person," insert "who, having remlU"ried sinc.e his death, is again a tO' have that record :removed in order to ~ret a n..nsiOJJ. Onl-u a widow, or has been divorced !rt>m the last husband: upon her own appli- = """' "" cation without fault on her part." few of them were entitled to have the charge of desertion re- Mr. FULLER of illinois. I accept that amendrrient. moved so as to be entitled to a pension. Certainly this b-ill is wrong, if it purports to pension the widows of all deserters. 1 Mr. BLACK. l\f:r-. Chairman, this is the same amendment as agree. with the gentleman t 1·om .Alab ma [Mr. HUDDLESTON] on that suggested by the. gentleman from Massachusetts. I hap that point. pened to have it already prepared, and he .suggested that I Mr. JONES of Texas. 1\l:r. Chairman. will the gentleman offer it.. yield? .1\fr. FULLER of Illinois. That is all right_ l\lr. HUDDLESTON. Yes. The CH.AffiMAN. The question is on the amendment offered l\lr. JONES of Texas. According to the terms of this bill, if by the gentleman from. Te~ [l\1r. Bu.cxJ. a man had a disease while in the Army, from. which he later Tile amendment was agreed to. died, and yet was convicted of desertion, would he not be en- 1\lr. VAILE. Mr. Chairman, I. offer an amendment. titled to a. pension? The CHAIRMAN. The gentleman from Colorado offers an liE. HUDDLESTON. I understand the gentleman fr()m Ne-w amendment which the Clerk will report. York to argue that his widow ought to have a pension. The Clerk read as follo\\"s : 1\Ir. ASHBROOK. Mr. Chairman, will the gentleman yield? Amendment by Mr. VAILE: Page 2, line 4, after the Wffi"d "there- l\ir. HUDDLESTON. Yes. from," insert "notwithstanding the military services of such person during such war may not have been rendered or performed at the scene Mr. ASHBROOK. I think there is no doubt that this bill ot hostilities or the geographical location ot military operations on sea is merely for the- benefit ~f widows of soldiers who were killed or land during such war." in line of duty. M..rr VAILE. Mr. Chairman, the purpose of this amendment Mr. HUDDLESTON. But it applies to men who died :from is to correct what awears to me. to be a very technical ruling disease. contracted in the line of duty, and their deaths. may by the Pension Bureau,. which excludes the families of members bave been years after they had ceased t belong to the Army. of the Regn.In.r Establishment who served in the War with Spain 1\Ir. ASHEROOK. Then it would not ha\e been in line of fr "actual military or naval service in the United States Army, Navy, or The CHAIRMAN. Without objection, the Clerk will agaic. :Mnrine Corps in the War with Spain or the Philippine insurrection" report the amendment. and were honorably discharged therefrom it is manifest without further argument or elucidation that by the words "volunteer officer or enlisted The Clerk read as follows : man" in the connection in which they are used in the act was meant p 1 r ft h , any person who was commissioned or enlisted in any organization not age ' me 6 • a er t e word ' service," insert the words "unless he a pnrt of the Regular Establishment, and such as is usually known and be a deserter or under charges at the end of his service." denominated as a volunteer organization. Mr. RUCKER. 1\fr. Chairman, in my opinion this bill seeks IIad the claimant's deceased husband been, as contended in the t d f t · tl · 1 f h ·t St t I appeal, a volunteer man in the Army; had he served in such capacity 0 remove a e ec In 1e pensiOn aws o t e u m ed a es. t 90 days or more "during" the war with Spain or the Philippine is a defect that ought to have been remedied long years ago. I insurrection and been honorably discharged from said service she would think its passage, if properly amended, will prove gratifying to as his widow have title to pension under the act if dependent within every old soldier that served in that terrible ordeal between 1861 the meaning thereof. But as he served as an enlisted man in the Regular Establishment in order for her to have such title he must and 1865. have rendered 90 days or more " actual military or naval service " in But in my opinion, Mr. Chairman, if it passes with the Jan- the United States Army, Navy, or Marine Corps "in" the War with th t · · •t h h t Spain or the Philippine insurrection or as a participant in the Chinese guage a IS now m 1 every man W 0 was brave enoug o Boxer reb('llion campaign and been honorably discharged therefrom. shoulder a musket and follow the flag during the Civil War " In " the War with Spain, according to this decision, means only at will in his heart condemn this Congress for its action. This bill, the fighting front. · unless the gentleman's amendment is adopted, would put a man And the department held that, while a volunteer soldier's who deserted, if perchance he had been injured before desertion, widow can receive a pension, the widow of a Regular Army in the same category, in the same status, as the man who boldly soldier can not. It seems to me that is an unfair distinction pressed forward in front of the enemy. against the widow of the Regular soldier. A great many men in I know what I am talking about. I know every soldier in this the Spanish War enlisted voluntarily in the Regular Army, land will condemn it. because they expected that in that way they would more Mr. SANFORD. \Vill the gentleman yield? quickly get actual service at the front. If these men had been l\Ir. RUCKER. Yes. married and had been killed in action, their widows could not l\Ir. SANFORD. Does not the gentleman think that we are now receive pensions from tlle· Government, notwithstanding in a strong position when 50 years after the war we accept the their service was undertaken in that way for the 'fery purpose wounds themselves as a proof of courage and fail to raise against of enabling them to get to the front, unless they had actually the widow after the death of the soldier a question that would got to the front and had served 90 days or been killed in action. exclude her? I think the amendment is in entire accord with the spirit of the Mr. RUCKER. PaBs this bill and hereafter the only thing on bill and that it should be adopted. But unless the bill allows earth the soldier would ever dread would be the court-martiaL pensionable status to the widow of a soldier who died after his l\Ir. SANFORD. Does not the gentleman think that the discharge she can not receive a pension if her husband was a wounds are conclusive of courage? Regular 'vho was not 90 days at the front, even though he dierl 1\fr. RUCKER. Not always; a man might get his leg broken from a wound received in battle while he was there. running from the enemy. I think wounds received are Yery per- The CHAIRMAN. The question is on agreeing to the amend- suasive evidence of courage, but it is not conclusive. I agree with ment offered by the gentleman from Colorado. the remarks made a little while ago by the gentleman from The amendment was agreed to. New York wit11 reference to the jurisdiction and the duty of the Mr. PELL. Mr. Chairman, I offer an amendment. great Committee on Military Affairs to correct these records The CHAIRMAN. The gentleman from New York offers an which have done many soldiers injustice. That committee ought amendment, which the Clerk will report. to get busy with these bills. I have one before them which The Clerk read as follows: ought to be passed, and there are a thousand which ought to be Amendml.'nt "by Mr. PELL: Page 1, line 7, after the word "service," passed. insert "unless he be a deserter or under charges at the end of his But let us first remove the blot of desertion before we line service." them up side by side with the brave and distinguished men, l\Ir. FULLER of Illinois. Mr. Chairman, a point of order heroes of the war. [Applause.] Now, I am as good a friend of against the amendment. the soldier as any man on either side of this House, but as this The CHAIRMAN. The gentleman will state his point of order. bill now stands I would not vote for it. I would vote against it Mr. FULLER of Illinois. This is the same amendment that in the hope that my vote against it would defeat it, and yet I am had been voted down. heartily in favor of its passage. The CHAIRMAN. Will the gentleman indicate to the Chair 1\fr. PARRISH. Will the gentleman yield 7 what amendment embodying this language has been voted on? Mr. RUCKER. Yes. Does the gentleman refer to the Blanton amendment? Mr. PARRISH. In reply to what the gentleman said that the Mr. FULLER of Illinois. Yes. wounds are not conclusive of courage, is it not a fact that Bene- The CHAIRMAN. An examination of the two amendments diet Arnold was wounded in the line of service and afterwards indicates that they are not identically the same. The gentleman became a traitor? from New York [Mr. PELL] is recognized in support of his Mr. RUCKER. Oh, yes; everybody knows that. amendment. Mr. PELL. Will the gentleman yield? Mr. PELL. Mr. Chairman, the object of this bill quite obvi- l\Ir. RUCKER. Yes. ously is to allow to men who have been killed and of whom no l\Ir. PELL. 1\fy amendment only applies in case where a man record is found all the credit which would be given to them had is a pronounced deserter. they been honorably discharged; that is to say, it is to remove Mr. SANFORD. 'Vith the. gentleman's permis ion, let me say a technical disability in the case of a man missing, or a man that you can not try the question of desertion at this time in the killed who could not be identified; but I do not think it is our majority of cases. What defeats a man now if his name appears intention to allow that privilege to extend to the men who have on the roll of The Adjutant General as not haying reported and willfully deserted. Although. there may be occasions when a not having got a discharge, he is a deserter, and hi~ widow can not man who had so deserted might possibly be justified in receiv- make the desired proof to remove it. I think if the bill passes ing a pension, I certainly do not think such people should be it will save more money in clerk hire at the Pension llureau than taken care of by a general law. Such instances can not be fre- it will cost to pay the extra pension. quent. There can not be many men who having deserted de- 1\lr. RUCKER. The best way to save the clerks in the Pension serve pensions. It can be only the very special circumstances Office work which the gentleman refers to is for the Committee of a particular case that can justify us in pensioning such a on Military Affairs to get busy and do its duty. I am not com man. Prima facie a deserter should not be granted any support plaining of the committee, but it should do its duty and inves .whatsoever from the Goyernment, and the amendment which tigate each individual case, find where the injustice has been I have offered will protect men who could not be identified, who done to the soldier, and have the courage of their convictions to died in prison, or of whom for one reason or another we have not correct it. Those records ought to be wiped out. If there is a complete record. It will give them the benefit of the doubt. merit in the charge, if it be a true charge, then let the man share But I do not want to see a bill go through which will pension the fate or his wife share that which he himself invited by his the men who are proven to be deserters. If we want to do any- conduct. · thing for such men, let us be bold enough to come out openly nut, 1\fr. Chairman, in behalf of the brave and gallant old sol and say "\Ve give a pension to so and so, a deserter"; but do diers in my district, I appeal to the chairman of this committee not let us pass a general bill which will cover deserters. It to vote for the amendment of the gentleman from New York would be an insult to eYery man who has honorably worn the [l\fr. PELL], and let it be so that everybody in the House on both uniform of the United States. [.Applause.] sides may join in passing this very meritorious bill, which ought 1\fr. SAUNDERS of Virginia. Mr. Chairman, can we have the 1 to have been passed many years ago. I hope the amendment of 1endment reported? the gentleman from New York will be adopted. [Applause.] , l920. CONGRESSIONAL RECORD-HOUSE. 1855 1\Ir. SAUNDERS of Virginia. 1\fr. Chairman, I move to strike 1\ir. WALSH. Mr. Chairman, will the gentleman yield? !)Ut the last word. Benedict Arnold was w{mnded prior to his Mr. GARD. Yes. I will say to the gentleman that the matter a.ct of treason. His leg was broken if my memory is not at is one which I took to the chairman of the committee, and he was fault in the gallant assault upon Quebec. Yet if a bill of this of opinion that some such language should be included. character had been enacted after the Revolutionary War, his _ Mr. WALSH. Does the gentleman understand that dependent widow would have drawn a pension under its provisions. I minors of Spanish War veterans are not now provided for in think it has been admitted on behalf of the committee, that this existing law? · bill is not designed to afford a pension.to the widows of deserters. Mr. GARD. Oh, as a general proposition I understand they I freely concede there have been some cases where injustice are, but under the particular circumstances of this bill, unless has been done, but it would be far better to leaYe such cases some such language is included, they are not. for individual inquiry, so that appropriate justice may be ac Mr. VAILE. I would suggest to the gentleman that they corded, as has been done in many cases, rather than undertake would not be provided for by existing law if they were children by a sweeping general bill to provide without qualification that of Regulars who had not served 90 days at the actual scene of the widows of deserters shall receive pensions. It seems to be operations. agreed on both sides of the Chamber that if this bill passes in Mr. WALSH. If the gentleman's amendment is agreed to, it its present form, it will have that precise effect. Does this would make provision for minors, dependent children of Spanish body desire to go on record as being in favor of a bill embodying War veterans who did not serve 90 days. so offensive a proposition? If not, then they should agree to the Mr. VAILE. At the actual scene of operations. amendment offered by the gentleman from New York [1\fr. PELL], Mr. WALSH. He may have been wounded in the service or which establishes a very different general policy. have died before that time. l\fr. CONNALLY. Mr. Chairman, I would like to ask the gen Mr. GARD. Who may have been wounded in the service, and tleman if he thinks it would be sound public policy with refer who was sent from the actual scene of conflict, and was not ence to the future to hold out to the young men of America that present in the active participation the required number of days. we are going to pension soldiers regardless of whether they are I will say that the distinction is what seems to me to be an deserters or not? improper one in the rulings of the Pension Commissioner as l\Ir. SAUNDERS of Virginia. There is nothing that would be between soldiers of the Regular Army and those who are not. more offensive to the old soldiers, the veterans of the Civil War, Mr. WALSH. Mr. Chairman, I withdraw the reservation of or the veterans of the war from which we have just emerged the point of order. victorious, than the suggestion that awards should be paid for The CHAIRMAN. The question is on agreeing to the amend desertions from the service, that men who failed at the Argonne, ment offered by the gentleman from Ohio. or at the crossing of the Meuse, or in any of those famous The amendment was agreed to. battles, in France, and became deserters, should be placed on Mr. LAYTON. Mr. Chairman, I move to amend, on page 2, the same footing as to pensions, as the loyal soldiers. I imagine . by striking out the words "for 90 days or more." that such a plan would be indignantly repudiated both by the The CHAIRMAN. The gentleman from Delaware offers an veterans of the present and of the Civil War. Unless we propose amendment, which the Clerk will report. to do that very thing, to change our policy, to retrace our steps The Clerk read as follows : with respect to deserters, and our attitude toward them, we ought to make it clear by appropriate amendment that this bill Page 2, line 2, strike out the words " for 90 days or more." is not intended to give rewards to deserters or anyone claim Mr. LAYTON. Mr. Chairman, the object of this amen.dment, ing through them. If the House does not propose to do that sort of course, is very evident to the House. Recently a pension bill of thin~ then I tl;link the amendment of the gentleman from New was introduced, but was introduced in such a fashion that I York will commend itself to our favorable consideration. Nor was unable to get an opportunity to express my views on a mat will this amendmeRt work any hardship in indhtidual cases ter connected with pensions relating to the Civil War, which I where it is contended that the record should be corrected. Ap think has been a burning shame to the whole country. propriate procedure is provided for such cases. In any proper I am referring to those men who were honorably enlisted, who case supported by the evidence, relief will be readily granted. were called upon in the darkest hour of the Republic, when the The CHAIRMAN. The question is on the amendment offered great commander from Virginia with his host were treading by the gentleman from New Y.ork. · upon Pennsylvania soil, and when every Union arm was de The question was taken; and on a division (demanded by Mr. manded. The 60-day men were enlisted and were put into BLANTON) there were--ayes 35, noes 39. service. They guarded the fords and the bridges; they went 1\fr. BLA1\'"TON. Mr. Chair.man, I demand tellers. away from their homes without any adequate training-from Tellers were ordered, and the Chair appointed Mr. PELL and the soft places of home--out into the open life upon the ground, .\Ir. VAlLE to-act as tellers. and many of them incurred serious diseases, many of them lost The committee again divided, and the tellers reported ayes their lives. But under the policy of this House no man who 09, noes 52. · served for 60 days can receive any benefit at all from the Fed· So the amendment was rejected. eral Government. An arbitrary line was established at 90 days. The CHAIRMAN. The gentleman from Ohio offers an amend- Now, I am aware that possibly my amendment may be subject ulent, which the Clerk will report. · to a point of order, because there is an existing law now that The Clerk read as follows: restricts the benefit of the Government to those who served for Page 1, line 8, at the end of the Black amendment,· insert "or any less than 90 days. I have, however, taken this occasion to ex· ninor, dependent child or children under the age of 16." press myself on this question. l\Ir. W ALSII. Mr. Chairman, on that I reserve the point of Mr. BLACK. Will the gentleman yield? order. Mr. LAYTON. Certainly. 1\lr. GARD. l\lr. Chairman and gentlemen of the committee, Mr. BLACK. If I understand the true meaning of this bill, the amendment is {lesigned to include that which is included it is to do that very thing that the gentleman is talking of. It in every other pension law, to wit, any dependent minor child does not say that a man who was wounded in the service must or children under the age of 16 years of the person originally have been in the service 90 days, or if he contracted disease that entitled to a pension. So far as I am advised, every existing subsequently resulted in his death he must have been in the pension law carries pl'Vper provision for minor dependent child service 90 days, but it only says in such cases a.:; that the widow or children under the age of 16 years. As the bill now stands, shall receive the same rate of pension as given under the Ash lt would probably have it~ most important application, in so far brook law, which did require 90 days of service. I think the as this amendment is concerned, to the children of the Spanish gentleman's amendment would not have any effect, except prob American War soldiers, although when I submitted it to the ably to complicate the situation. chairman of the committee, the gentleman from Illinois [Mr. Mr. LAYTON. My desire was to voice my opinion in regard FULLER], he said that there were cases to his knowledge which to the general policy of the Government in regard to those 60-day would come within the purview of the Yeterans of the War ·men. I want to call the attention of the House to this fact, between the States, but the greater number of cases, of course, that in the recent war we made no such discrimination. 'Vc would apply to soldiers of the Spanish-American War. There is absolutely gave the soldier who was honorably enlisted the bene no provision in the bill which provides for a dependent minor fit of all the paternal care of the Government even if he was in child or children of Svanish 'Var soldiers who were killed, but the service but for one day. But the whole policy of the country who heretofore h~ v-e not been entitled to a pension, but who has been to exclude those men who served 60 days in the Civil under this law would be entitled to a pension. I am speaking· War. .rather to the merirs of the amendment than the point of order, 1\Ir. FULLER of Illinois. If the gentleman will yield, I think since I understand the gentleman from Massachusetts reserves the amendinent proposed here would not have the effect that he the point of order. ' desires. I.t does not grant .pensions to anybody whether they 1856 CONGRESSIONAL RECORD-HOUSE. JANUARY 21, served 60 days or 90 days. It simply provides pensions for Mr. HUDDLESTON. Mr. Chairmanf will the gentleman \Vidows the same as for soldiers who served 60 or 90 days. yield? · Mr. LAYTON. Could the widow of a ruan who served 60 days :!\.Ir. ASHBROOK. Yes. get the benefit of this bill? Mr. HUDDLESTON. The gentleman has in mind the fact Mr. FULLER of Illinois. Yes. It does not make any differ- ~at an amendment was offered to make it absolutely clear that ence ~bont that at all. 1t was not intended to give pensions to the widows of deserters. Mr. GREEN of Iowa. Will the gentleman yield further? That amendment was voted down. Therefore it might be in Mr. LAYTON. I Will. ferred that the men who voted for the amendment thought Civil War as it has given to those who had served more. Then The CHAIRMAN. The gentleman asks unanimous consent to the gavel fell. What I intended to say was this: That it gave insert the word " and " at the place indicated, as read by the the same care in ease of death, disease, or wounded while in the Clerk. Is there objection? service. For service, of course, no pension is given for less than There was no objection. 90 days' service. Mr. JONES of Texas. I move to insert, in line 5, page 1. The CHA.IRMAJ.~. The question is on agreeing to the amend after the word " died," the words " while in such service." ment offered by the gentleman from Delaware [Mr. LAYTON]. The CHAIRMAN. The gentleman from Texas offers an Mr. RUCKER. Mr. Chairman, let the amendment be read as amendment, which the Clerk will report. it will appear. The Clerk read as follows : The CHAIRMAN. The gentleman from Missouri asks unani Amendment offered by Mr. JONES of Texas-: Page 1, line 5, after the mous consent that the amendment be again reported. Is there word "died,'' insert "while.in such service." objection? Mr. FULLER of Illinois. That simply states the matter There was no objection. twice. The Clerk read as follows: Mr. JONES of Texas. I will move to strike out the words H while in such service" at the other place where it was offered Amendment by Mr. LAYTON: Page 2, lines 2 and 3, strike out the words " for 90 days or more." a.nd make my amendment include both. The CHAIRMAN. The Clerk will report the amendment. The CHAIRMAN. The question is on agreeing to the amend The Clerk read as follows : ment. Amendment offered by Mr. JONES of Texas: Page 1, line 5, after the Mr. CLARK of Missouri. 1\Ir. Chairman, I would like to ask word " died," insert " while in such service" ; and strike out of the the chairman of the committee just one question. How can a amendment offered by Mr. FuLLER of Illinois the words "while in such man be a deserter who died in the line of duty or was killed service." in the line of duty? Mr. WALSH. I make a point of order against that amend Mr. FULLER of Illinois. I can not understand that myself. I ment. The amendment of the gentleman from Illinois [Mr. have been trying to find out. [Laughter.] FULLER] has been inserted in the bill. It can not now be Mr. ASHBROOK. It is so held by the Pension Department. stricken out by hitching it up with an insertion in another place Mr. CLARK of Missouri. There is no sense in such a ruling in the bill. as that. Mr. JONES of Texas. You can have ·an amendment which Mr. FULLER of Illinois. Mr. Chairman, I ask now to amend inserts something and strikes out something, provided it does the section that I offered. not cover the exact terms of the former amendment. I do not The CHAIRMAN. The question is on agreeing to the amend move to strike out all of the Fuller amendment. I simply ment offered by the gentleman from Delaware. desire to transpose the words " while in such service." The question was taken, and the amendment was rejected. The CHAIRMAN. The gentleman had his opportunity to Mr. FULLER of Illinois. l\Ir. Chairman, I want to add the offer this amendment when the original amendment was pend word "and" to make it explicit, so that the soldier must have ing before the committee. That was the proper time for him died while in the service. to mo\e to amend. It is too late to do so now, after the com Mr. RUCKER. I should like to have that amendment read. mittee has agreed to the language of the amendment. The ?'he CHAIRl\:f.AN. The Clerk will report the language as it Chair sustains the point of order. will read if the word "and" is inserted. Mr. VAILE. What is the matter now pending, Mr. Chair The Clerk read as follows: maR? Mr. JONES of Texas. A point of order, Mr. Chairman. Amend, page 1, line 6 after the word "service," by inserting "and in the line of duty and while1 in such service." Would it be in order to ask unanimous consent to transpose the language and insert it? Mr. BEGG. Reserving the right to object, I should like to The CHAIRMAN. It would be in order to propose a request ask the gentleman from Illinois a couple of questions. Do I for unanimous consent and that ·is the only way in which it can understand that the purpose of this bill is to care for the widows be done at this time. and orphans of dead soldiers who served less than 90 days? Mr. JONES of Texas. 1\lr. Chairman, I ask unanimous con Mr. FULLER of Illinois. It makes no difference how long sent that the language be so transposed as to insert the term they served, if they were killed or died in the service. " while in such service " in the Fuller amendment after the Mr. BEGG. All right. I will ask the gentleman if these word " died," page 1, line 5. . widows and orphans of soldiers who died in the service deserve The CHAIRMA....~. The Clerk will report the language as it any more consideration at the hands of this Government than would read with the transposition. do the widows and orphans of those soldiers who contracted The Clerk read as follows: diseases in the service from which they afterwards died? That every person who served in the Army, Navy, or Marine Corps of Mr. FULLER of Illinois. 'rhey would be presumed to have the United States during any war, prior to April 6, 1917, who was killed been honorably discharged when they left the service. This in action or died while in such service of wounds incurred or disease bill is only to give an honorable discharge to those who died contracted in such service and in the line of duty, etc. in the service. · The CHAIRMAN. Is there objection to the request of the Mr. HAWLEY.. To overcome an adverse decision of the gentleman from Texas? department. Mr. FULLER of illinois. Mr. Chairman, I object. Mr. JONES of Texas. Does the gentleman think there would Mr. JONES of Texas. Mr. Chairman, I offer the following be any objection to inserting the words "while in such service " amendment. after the word "died" in line 5? That would make it clear, so The Clerk read as follows : that there could not be any doubt about it, that they died while Page 1, line 5, after the word " died," insert the words " while in such in such service of wounds incurred or disease contracted in such service." service. 1\Ir. JONES of Texas. Mr. Chairman, it is claimed by the The CHAIRMAN. The question is, Is there objection to the chairman of the committee that he intends by his amendment to inserting of the word " and "? limit the application of this bill to those who died while in the Mr. JONES of Texas. Reserving the right to object, I do not service and thus not to permit a deserter who did not see service believe that will accomplish the purpose the gentleman desires, again after the desertion to obtain the benefits of its provisions. because it will not be clear that the words "while in such If the gentlemen who are fathering this bill mean what they service" refer to death. The words may refer to wounds or to say, they should be willing to have it made clear that the soldier disea~e. If it !s amended as I suggest, then it will read: or the widow of a soldier, in order to be entitled to the full Or died while in such service of wounds incurred or disease contracted pension which the bill provides, must be the soldier who was in such service. wounded or who died of disease and must have died while in the Would the gentleman be willing to accept that amendment? service, the others having been taken care of by the compensa Mr. FULLER of I~linois. I do not think I .can accept that tions and other pension ·laws; I submit that if you place the amendment. terms " while in such service,lt as it is placed in the Fuller The CHAIRMAN. Does the gentleman modify his request amendment, it will refer to the terms wounds or disea£e and for unanimous consent? will be so construed by any reasonable person. In its :Dresent l\Ir. WALSH. If the Chair will permit, reserving the right to form that portion reads as follows, "died of wounds ineurred or object, you can not upset the action of the committee in this way. disease contracted in such service in the line of duty while in We have adopted an amendment and put it in the bill. The such service." It will naturally and logically apply to the terms gentleman asks for a modification of the amendment by insert "wounds or disease." ing words by unanimous consent. It seems to me to be a little Under the Fuller amendment "while in such service" will be irregular to try to do that. limited in its application to those two words, and every soldier, 1858 CONGRESSIONAL R.ECORD-HOUSE.. JANUARY 21, whether he is a deserter. or not,. whO: was sicl4 no matter how far again entered the service, should nevertheless be paid a pension behind tlte lines. ~ho was sick in the servi<:e, and proof can be later by the G<>vel'nment of the- United States~ o:r that the offered that he later died of that sickness or of the wounds in people shall be taxed to pay his widow a: pension 7 cm·red, though he may be as guilty of treason as Benedict Arnold, 1\ir. CONNALLY. Mr. Chairman, will the gentleman yield? could get n pension from the United States Government, and his Mr. JONES of Texas. Yes. widow could also draw a pension. In fact, nn.der its provisions Mr. CONNALLY. Is it not a fact that a soldier is carried on the widow of Benedict Arnold rould draw a pension if it had the rolls for a certain number of days before- he is guilty of de been in effect following the Revolution. There is not a man in: se-rtion, even tllOugh he may have in fact deserted 'l He is absent this House who would vote to grant Benedict Arnold a pension, without leave for a certain number of days before he is marked and I take it there is not a man in the House who would plead as a deserter. Would it not be- possible under the terms of this the right of the conscientious objector, who had been afflicted bill for a deserter while running away to stUinble and break his with some sort of a disease in the Army, who hrul stayed in the leg and then be eligible to a pension because he received a wound Army a few weeks and deserted and was convicted of desertion, while in the service? or who would assert that the people of the Nation should be 1\lr. JONES of Texas. 1\Ir. Chairman, I am very glad that taxed to pay him n monthly pension as long as he lived or his' the gentleman bas suggested that illustration. He could draw widow after his death. .And yet under the terms of thi£ bill he a pension, if he was injured under those circumstances, or it will, tm1ess you. adopt my amendment, be entitled to tlurt pension. may be that he would run so fast while he was deserting that If you are willing that it shall be so limited as to exclude de he would catch pneumonia from the breezes that he made, and serters, vote for the language which makes it clear and satis yet under the terms of this bill he would be eligible. to a pen factory. It rooks to me that the gentlemen, while saying they sion from the United States for injuries resulting from a dis are willing that it shall be so limited, want to open the flood ease. so contracted. This amendment merely limits the bill in gates wide to every deserter, regardless of the circumstances of one small particular, and that is to the effect that a man who his case. became afflicted with some disease while in the service and 1Ur. FULLER of illinois. Tbe p1·ectse language that the gentle .who later was convicted of desertion, who was never reinstated, man wants has been incorporated in the bill. who never again served, shall not receive a pension, nor shall l\Ir. JONES of Texas. But it does not apply to the word the widow of that man be entitled to receive a pension. Surely "death, ; it only applies to wounds and diseases. that limitation should be placed in the bili. At least a bill I am both "'illing and anxious to see every soldier who while should not be passed that would include all such cases regardless in the service was wounded or disabled, or who contracted a of the merits of the individuar case. disease that disabled him, or from which he died, have every The CHAIRMAN. The time of the gentleman from Texas eare taken of Ilim ; and am also anxious that the widow of such has expired. The question is on the amendmQDt offered by the soldier may have the Government assume a h'beral attitude gentleman from Texas. toward her. .And, as a matter of fact, the Congress and the The question was taken; and on a division ( demamled by -:ur. country will see to it that this is done. But surely neither JoNEs of Texas} there were--ayes. 19, noes 48. Congress nor the country wants a man who deserted~ and who So the amedment was rejected. remained a deserter, to be pensioned by the Government for all Mr. FULLER of Illinois. 1\Ir. Chairman, I move that the time; at least we should not enact a sweeping Iaw that would committee do now rise and report the bill to the House ~ith include every deserter and conscientious objector in its all- amendments, with the ·recommendation that the amendments inclusive provisions. • be agreed to and the bill as amended do pass. The CHAIRMAN. The question is on agreeing to the amend The motion was agreed to. Accordingly the committee rose, ment offered by the gentleman from Texas. and the Speaker having resumed the chair, M:r. TILsoN, Chair The question was taken; and on a division. (demanded by lU.r. man of the Committee of the Whole House on the state of JoNES of Texas) there were 23 ayes and 43 noes. the Union, reported that the. committee had had under con So tile .amendment was rejected. sideration the bill H. R. 11449 and had directed him to report l\1r. JO:i';~S of Texas. Mr. Chairman, I offer another amend the same back to the House \nth sundry amendments, with the ment. recommendation that tlle amendments. be agreed to and the The Clerk read as follows: biH as amended do pass. Page 2, line 5, after the word " contained." strike out the period, l\1r. FULLER of Illinoi . Mr. Speaker, I move the previous insert a comma, and the following: "Provided, Tbat this act sball not question on the bill and amendments to final passage. apply to any soldier who died of disease so contracted and who was con~ victed of desertion.. and who was- not in such service subsequent to such 'The previo1J.S question was ordered. desertion, nor shall it apply to the widow or fal:Dler widow of such Tbe SPEAKER. Is a separate -vote demanded on any amend soldier." ment? If not, the Chair will put them in gross. The ques· 1\lr. SANFORD. Mr. Chairman, I make the point of order tion is on agreeing to the amendments 'l that the amendment has been acted upon, and although it is put Tb.e amendments were agreed to. in a little different language-, it is not a proper method o:f at The SPEAKER. The question now is on the engro:;:sment tempting to reconsider the action of the committee. and third reading of the bill. 1\lr. BL~~TON. l\lr. Cba.h·man, 1 make the point of order The bill was ordered to be engro sed an The SPEAKER. The question is on agreeing to the motion Jacoway McGlennon Olney Stiness Jefferis McKeown Peters Taylor, Tenn. to recommit. Johnson, S. Dak. McKiniry Pou Thompson The question was taken. Johnston, N.Y. McPherson Reavis Towner Mr. SAUNDERS of Virginia. Mr. Speaker, I ask for a divi Kennedy, Iowa Maher Reber Treadway Kennedy, R. l. Mann, Ill. Riddick Upshaw sion and I make the point of order that there is no quorum Kiess Martin Riordan Yare present. King Mason Rodenberg Vestal The SPEAKER. The gentleman from Virginia makes the Kitchin Mays Romjue Walters Kreider Monahan, Wis. Rowan Ward point of order that there is no quorum present. The Ohalr Larsen Montague Sanders, La. Watkins thinks no quorum is present. The Doorkeeper will close the Lazaro Moon Scott Wheeler doors, the Sergeant at Arms will notify absentees, and the Clerk Lehlbach Murphy Scully Williams Luhring Neely Sims Wilson, La. will call the roll. The question is on the motion to recomrolt. McArthur Newton, Minn. Slemp Wilson, Pa. The question was taken ; and there were-yeas 93, nays 219, McCulloch Nicholls, S. C. Smith, N. Y. Winslow not voting 116, as follows : McFadden O'Connor Steele Woodyard YEAS-93. So the motion to recommit was rejected. Bee Drane McClintic Sisson The Clerk announced the following pairs : Bell Evans, Mont. McDuffie . Small Until further notice: Benson Evans, Nev. Major Smithwick Black Fisher Mann, S.C. Steagall Mr. BRoOKS of Illinois with Mr. DOREMUS. Blackmon Flood Mansfield Stedman Mr. GABLAND with Mr. BUCHANAN. Bland, Va. Garner Moore, Va. Stephens, Miss. Mr. HILL wUh Mr. Snrs. Blanton Godwin, N. C. Nelson. Mo. Stevenson Box Goodwin, Ark. Oldfield Stoll Mr. KENNEDY of Rhode Island with Mr. STEELE. Brand Hastings Oliver . Sumners, Tex. Mr. MoNAHAN of Wisconsin with Mr. WILBON of Pennsylvania. Briggs Heflin Overstreet Taylor, Ark. Mr. CHRISTOPHERSON with ~fr. MCK!NmY. Brinson Hoey Padgett Tillman Byrnes, S. C. Holland Park Venable Mr. EVANS of Nebraska with ::Ur. ROMJUE. Byrns, Tenn. Huddleston Parrish Vinson Mr. GOULD with 1.\Ir, UPSHAW. Candler Hull, Tenn. Pell Weaver Mr. CooPER with Mr. SMITH of New York. Carss Igoe Quin Welling Clark, Mo. Johnson, Ky. Rainey, Ala. Whaley Mr. KING with Mr. WATKINS. Collier Johnson, Miss. Rainey, H. T. Wingo 1.\Ir. MCPHERSON With Mr. GALLIVAN. Connally Jones, Tex. Rayburn Wise Mr. ESCH with 1\!r. WILSON of Louisiana. Crisp Keller Robinson, N. C. Woods, Va. Davis, Tenn. Kincheloe Rouse Wright Mr. MANN of Illinois with M.r. KITcHIN, Dent Lanham Rubey Y~ung, Tex. Mr. HAMILTON with Mr. Pou. Dickinson, Mo. Lankford Rucker Mr. NEWTON of :Minnesota with Mr. HAmusoN. Dcminick Lee, Ga. Saunders, Va. Dough ton Lesher Sears Mr. DYER with 1.\Ir. DUP:a:E. NAYS-219. 1.\Ir. GRIEST with Mr. MAYS. Ackerman Edmonds Lampert Reed, W. Va. Mr. WINSLOW with Mr. ALYO!i. . :Anderson Elliott Langley Rhodes Mr. FULLEB of Massachusetts with Mr. NEF;LY. Andrews, Md. Ellsworth Layton Ricketts Mr. WooDYAllD with Mr. CAsEY. Andrews, Nebr. Emerson Lea, Calif. Robsion, Ky. Anthony Fess Linthicum Rogers Mr. JEFFERIS with :rtlr. O'CoNNOR. Ashbrook Focht Little Rose Mr. ELSTON with Mr. HUDSPETH. Ayres Fordney Lonergan Rowe l\Ir. FAIRFIELD with Mr. OLIVER, Babka Foster Longworth Sabath Bacharach Frear Luce Sanders, Ind. Mr. GOODYKOONTZ With Mr. LAzARO. Baer Freeman Lufkin Sanders, N. Y. Mr. JOHNSON of South Dakota with Mr. MONTAGUE. Barbour French McAndrews Sanford Mr. KlEss with 1\-lr. RIORDAN. Begg Fuller, Ill. McKenzie Schall Benham Gallagher McKinley Sells Mr. GRAHAM of Pennsylvania with Mr. MARTIN. Bland, Ind. Gandy McLane Sherwood Mr. KE..~NEDY of Iowa with Mr. McGLENNON. Bland, Mo. Gard McLaughlin, Mich Shreve Mr. LEHLBACH with Mr. JoHNSTON of New York. Boies Glynn McLaughlin, Nebr.Siegel Bowers Good Macerate Sinclair Mr. GooDALL with Mr. JACOWAY. Britten Green. Iowa MacGregor Sinnott Mr. KREIDER with Mr. HUMPHREYS. Brooks, Pa. Greene, Mass. Madden Smith, Idaho Mr. GRAHAM of illinois with Mr. How..um. Browne Greene, Vt. Magee Smith, Ill. Browning Griffin Mapes Smith; Mich. Mr. Mc.ABTHUR with Mr. CARAWAY. Burdick , Hadley Mead Snell Mr. VARE with Mr. ASWELL. Burke Hardy, Colo. Merritt Snyder Mr. REBER with Mr. DEWALT. Burroughs Hardy, Tex. Michener Steenerson Butler Harreld Miller Stephens, Ohio Mr. PETERS with Mr. EAGAN. Caldwell Haugen Minahan, N.J. Strong, Kans. lli. RIDDICK with 1\!r. BANKHEAD. Campbell, Kans. Hawley 1\Iondell Strong, Pa. Mr. STINESs with Mr. GoLDFOG.LE. Campbell, Pa. Fayden Mooney Sullivan Cannon Hays Moore, Ohio Summers, Wash. Mr. TOWNER with Mr. GARRETT. Carew Hernandez Moores, Ind. Sweet Mr. TREADWAY with Mr. FEruus. Chindblom Hersey Morgan Swope Mr. RODENBERG with Mr. CARTER. Classon Hersm.an Morin Tague Cleary Hickev Mott Taylor, Colo. Mr. MASON with Mr. DOOLING. Coady 'Hicks" Mudd Temple Mr. SLEMP with Mr. EAaLE. Cole Hoch Nelson, Wis. Thomas Mr. WALTERS with Mr. BARKLEY. Copley Houghton Newton, Mo. Tilson Costello Hulings Nichols, Mich. Timberlake Mr. VESTAL with Mr. DONOVAN. Crago Hull, Iowa. Nolan Tincher Mr. ScoTT with Mr. CLAJm of Florida. Cramton Husted O'Connell Tinkham Mr. W:m:ELER with Mr. GOODWIN of Arkansas. Crowther' Hutchinson Ogden Vaile Cullen Ireland Osborne Voigt Mr. THOMPSON with Mr. GANLY. Cur rie, Mich. James Paige Volstead Mr. WILLIAMs with Mr. FIELDs. Cur ry, Calif. Johnson, Wash. Pa.rker Walsh Mr. TAYLOR of Tennessee with Mr. Hurrr.r.. Dale Jones, Pa. Phelan Wason Dallinger Juul Platt Watson Mr. LUHRING with Mr. SCULLY. Darrow Kahn Porter Webster Mr. WARD with Mr. LARSEN. Davey Kearns Purnell Welty Mr. MURPHY with Mr. RowAN. Davis, Minn. Kelley, Mich. Radcliffe White, Kans. Dempsey Kelly, Pa. Rainey, J. W. White, Me. Mr. McCULLocH with Mr. SANDERS of Louisiana. Denison Kendall Raker Wilson, Ill. Mr. REAVIS with 1\fr. MCKEOWN. Dickinson, Iowa Kettner Ramsey Wood, Ind. Mr. 1\lcFADDEN with Mr. :MAHER. Dowell Kinkaid Ramseyer Yates Dunbar Kleczka Randall, Call!. Young, N.Dak. The result of the vote was announced as above recorded. Dunn Knutson Randa1l, Wis. Zihl.man The SPEAKER. A quorum is present. The Doorkeeper will Echols Kraus Reed, N.Y. open the doors. NOT VOTING-116. The question is on the passage of the bill. Almon Christopherson Esch Goodykoontz The question was taken, and the Speaker announced that the A swell Clark,. Fla. Evans, Nebr. Gould Bankhead Cooper Fairfield Graham, Pa. "nyes" appeared to have it. Barkley Dewalt Ferrls Graham, Ill. Mr. BLANTON. Division, Mr. Speaker. Booher Donovan Fields Griecat Mr. McCLINTIC. Mr. Speaker, I ask for the yeas and nays. Brooks, Ill. Dooling Fuller, Mass. Hamill Brumbaugh m:semu.s Gallivan P-:amilton The SPEAKER. The yeas and nays are demanded. Those Buchanan Pupre Ga.nly HuniBon in :favor of taking the vote by yeas and nays will rise and stand Can trill Dyer Garland Bill until they are counted. [After counting.] Twenty-one Members Caraway Eagan Garrett Boward Carter Eagle Goldiogle Hudspeth nave risen-not a sufficient number. Casey Elston Goodall Humphreys Mr. RUBEY. No quorum, Mr. Speaker. ~1860 CONGRESSIONAL RECORD-HOUSE. JANUARY 21,_ The SPEAKER. The Chair thinks the point of no quorum EXTENSION OF REMARKS. can not be made, the roll call had so recently having demon· Mr. GRIFFIN. Mr. Speaker, I ask unanimous consent to ex· strated that there is a quorum. The bill is passed. tend my remarks on the bill H. R. 11892, the rivers and harbors Mr. BLANTON. Mr. Speaker, I asked for a division in time. bilL I asked for a division before the gentleman from Oklahoma [Mr. The SPEAKER. The gentleman from New York asks unani· McCLINTIC] called for the yeas and nays. I think we are entitled mous consent to extend his remarks on the rivers and harbors to have a division. bill. ls there objection? The SPEAKER. A division is demanded. The question is on There was no objection. the passage of the bill. Mr. 1\IAcCRATE. Mr. Speaker, I ask unanimous consent to The House divided; and there were-ayes 180, noes 27. revise and extend my remarks made to-day on the floor. Mr. BLANTON. Mr. Speaker, I make the point of no quorum. The SPEAKER. The gentleman from New York asks unani· Mr. RUBEY. I make the point of no quorum, Mr. Speaker. mous consent to extend his remarks made to-day. Is there The SPEAKER. The Chair thinks a quorum is present. objection? Mr. RUBEY. This vote shows that there is not. There was no objection. The SPEAKER. There were 180 ayes and 27 noes. That does not in itself show that there are less than 218 present. ADJOURNMENT. Mr. BLANTON. 1\fr. Speaker, in view of the fact that the 1\fr. 1\IONDELL. Mr. Speaker, I move that the House do now division vote just taken disclosed that there were less than 217 adjourn. Members present, will the Speaker kindly count? The motion was agreed to; accordingly (at 5 o'clock p. m.) The SPEAKER. The Chair will. [After counting.] Two the House adjourned until to-morrow, Thursday, January 22, hundred and seventeen 1\fembers-a quorum-are present. 1920, at 12 o'clock noon. So the bill was passed. On motion of 1\fr. FuLLER of illinois, a motion to reconsider the EXECUTIVE COMMUNICATIONS, ETC. vote whereby the bill was passed was laid on the table. Under clause 2 of Rule XXIV, executive communications were ENROLLED BILLS SIGNED. taken from the Speaker's table and referred as follows: Mr. RAMSEY, from the Committee on Enrolled Bills, reported 1. A letter from the Commissioners of the District of Colum that they had examined and found truly enrolled bills of the bia, transmitting second annual report of the minimum-wage following titles, when the Speaker signed the same: board of the District of Columbia; to the Committee on the H. R. 10137. An act to amend an act entitled "An act to classify District of Columbia. the officers and members of the fire department of the District 2. A letter from the Secretary of the Treasury, transmitting of Columbia, and for other purposes"; supplemental estimate of appropriation required by the Post H. R. 10331. An act to amend an act entitled "An act making Office Department for stationery for the Postal Service, fiscal appropriations for the support of the Army for the fiscal year year 1920 (H. Doc. No. 625); to the Committee on Appropria ending June 30, 1919," approved July 9, 1918; tions and ordered to be printed. H. n. 1216. An act to amend an act entitled "An act to pro- vide aid to State or Territorial homes for the support of dis- REPORTS OF COMJ\IITTEES ON PUBLIC BILLS A.i."'{D abled soldiers and sailors of the United States," approved Au- RESOLUTIONS. gust 27, 1888, as amended March 2,1889; and Under clause 2 of Rule XIII, bills and resolutions were sev~ H. R. 2980. An act to increase the efficiency of the Military erally reported from committees, delivered to the Clerk, and Establishment of the United States. referred to the several calendars therein named, as follows : The SPEAKER announced his signature to enrolled bills of the 1\fr. KELLEY of Michigan, from the Committee on Naval following titles: · Affairs, to which was referred the bill (H. R. 11927) to increase S. 3427. An act to establish a commission on the practicability, the efficiency of the personnel of the Navy and Coast Guard feasibility, and place, and to devise plans for the construction through the temporary provision of bonuses or increased com of a public bridge over the Niagara River from some point in pensation, reported the same without amendment, accompanied the city of Buffalo, N. Y.! to some point in the Dominion of by a report (No. 570), which said bUl and report were referred Canada, and for other purposes; and to the Committee of the Whole House on the state o~ the Union. S. 2476. An act to amend the act establishing the eastern dis- Mr. PORTER, from the Committee on Foreign Affairs, to trict of Kentucky. which was referred the bill (H. n. 11960) making appropria- DIPLOMATIC AND coNSULAR APPROPRIATION BILL. I tions for the Diplomatic and Consular Service for the fiscal . year ending June 30, 1921, reported the same without amend Mr. PORTER. 1\fr. Speaker, I desire to report the annual I ment, accompanied by a report (No. 571), which said bill and Diplomatic and Consular appropriation bill, together with the l1·eport were referred to the Committee of the Whole House on report thereon. i the state of the Union. The SPEAKER. The Clerk will report it. l The Clerk read as follows: I CHANGE OF REFERENCE. A bill (H. R. 11960) making appropriations for the Diplomatic and 'I . . consular Service for the fiscal year ending June 30, 1921. . Under clause 2 of Rule ~XII, ~he Comnntte.e on Penswns was 1\f . FLOOD Mr Speaker I reserve all points of order on disch~rged fro~ the co~s1deratwn of the blll (H. R. 11795) th ~·. 11 • · 'I' granting a penswn to Mmerva A. Ford, and the same was re- ;h~ SPEAKER. The gentleman from Virginia reserves all ferred to the Committee on Invalid Pensions. points of order on the bill. Referred to the Committee of the I Whole House on the state of the Union. . PUBLIC BILLS, RESOLUTIONS, AND MEMORIALS. SUITS AGAINST THE UNITED STATES IN ADMIRALTY. Under clause 3 of Rule XXII, bills, resolutions, and memorials Mr. VOLSTEAD. Mr. Speaker, I ask unanimous consent to were introduced and severally referred as follows: take from the Speaker's table the bill ( S. 3076), insist on the By 1\fr. 1\fAPES (by request of the Commissioners of the Dis amendments of the House, and agree to the conference asked trict of Columbia) : A bill (H. R. 11951) to authorize the Com for by the Senate. missioners of the District of Columbia to close streets, roads, or The SPEAKER. The gentleman from Minnesota asks unani highways in the District of Columbia rendered useless or un mous consent to take from the Speaker's table the bill which necessary by reason of the opening, extension, widening, or the Clerk will report, with House amendments, and agree to the straightening of other streets, roads, or highways, and for other conference asked for by the Senate. purposes ; to the Committee on the District of Columbia. The Clerk read as follows : By Mr. DYER: A bill (H. R. 11952) to prohibit the export ot A bill (S. 3076) authorizing suits against the United States in ad coal from the United States; to the Committee on Interstate and miralty suits for salvage services, and providing for the release of Foreign Commerce. mercha~t vessels belon~ing to the United States from arrest and attach By Mr. RANDALL of California: A bill (H. R. 11953) to ment in foreign jurisd1ctions, and for other purposes. amend section 215, act of March 4, 1909 (Criminal Code), penal· The SPEAKER. Is there objection to agreeing to the con izing fraudulent use of the mails; to the Committee on the Post ference? Office and Post Roads. There was no objection; and the Speaker announced as con· Also, a bill (H. R. 11954) to amend section 4041, Revised Stat. ferees on the part of the House Mr. VoLSTEAD, l\1r. MoRGAN, and utes, enabling Postmaster General to forbid payment of postal Mr. WHALEY. money orders in connection with the exclusion of :fraudulent de- '1920. CONGRESS! ON AL .RECORD-HOUSE.. 1861: mces and lottery paraphernalia fFom the mails ; to the Committee . By Mr. TAGUE: A bill (H. R. 1.1977) granting -an increase .on the Post Offiae and Post Roads. oi pension to George W. 'I}hompson ; to the Committee nn Also, a bill (H. R.11955) to amend 'Section 3929, Revised Stat Invalid Pensions. .utes, relating to exclusion of fraudulent devices and lotteor .By .1\fr. VAILE: :A. bill (H. n . ..1.1978) for the relief of Dean .paraphernalia from the mails ; to the Committee on ,the Post ·Monahan ; to the Committee on Military Affairs. Office and Post Roads. By Mr. ZIHLM.AN: A ,bill (H. R. 11979) to :reimburse Wil Also, a bill (H. R. 11956) to amend section 213, act of March 4, Jia:m C. Hann for property destroyed by an automobile truck 1909 (Criminal Code), a.ffixing penalties for use of mails in con operated by the Post Office Department-; ·to the Committee on nection with fraudulent devices and lotter_y paraphernalia; to the Claims. Committee on the Post Office ana Post Roads. By Mr. WEBSTER: A hill (H. R. 1.1957) for the con:so1idatian .P.ETITIONJ3, ETC. of forest lands within the Wenatchee National Forests; ·to the Under clause 1 of "Rule XKII, petitions and papers were laid Committee on the Public Lands. on the Clerk's desk and referred as follows: By Mr. GANDY: A bill (H. R. 11958) to authorize and direct 1030. By Mr. C:A.LDWELL: "Petition of Albany Assembly in re the Secretary of the Interior to ascertain the feasibility and de quarantine esta}}lishment at Staten Island; 1to the Committee on sirability for reclamation by irrigation, including the making of Appropriations. an officinl survey, of the North Grand River and its tributary, 1031. By 'Mr. KELLEY of Michigan: Resolutions of the ~Iich • t:ipring Creek, in the counties of Bowman and Adams, in the State igan State Horticultural Society, protesting against certain of North Dakota, and in the counties of Harding and 'Perkins, in phases of cold-storage legislation ; to the ·Committee on Agricul the State of South Dakota ; to the Committee on Irrigation of ture. :Aria Lands. • 1.032.. By Mr. KETTNER: Petition of the Ohurch of the New Also, a bill (H. R. 11959) to provJCle for a TeClamation ·project Jerusalem, San Diego, Calif., asking that the United States on the North Fork of Grand 'River rrnd Spring Creek, in the coun grant all American Indi:ms full rights ·Of American citizenship ties of Bowman and Adams, in the State of North ·Dakota, -:md and abolish the Indian Bureau; to the Committee on Indian the counties of Harding and 'Perkins, in the Sta:te of South .Da Affairs. kota ; to the Committee on 'Irrigation of Arid Lands. 1.038. Also, petition of sundry citizens of Lone Pine, Calif., By Mr. PORTER: A bill (H. R. ll960) making appropriations opposing House bill 284, now pending before i:he Committee on for the Diplomatic and Consulrrr Service :for the "fiscal y.ear end Mines and Min1ng; to ~be Committee on Mines and ~fining. ing June 30, 1.921; to the Cammittee af the Who1e House o"TI the 1034. By Mr. KLECZKA: "Memonal of the Common Council state uf the Union. of the City of MilwaUkee, relative to State Street Bridge, at Dy Mr. KINKAID: A bill (H. 'R. 11961) to nuthorize nd Milwaukee, Wis. ; to the Committee on ilrterstate and Foreign vances to the reclama:tion :fund and for the issue and disposal Commerce. of bonds in reimbursement therefm·, and for other purposes; to 1..035. By Mr. -LINTHICUM: 'Petition of the Family Welfare the Committee an Wa.y.s and Means. ~ Association of Baltimore, Md., relative to certain legislation By .1Ur . .DTCKINSON afl\Iissouti: .Joint resolution (H. J_ Res. now pending ; to the Committee on the "Post Office anll Post 279) for the speedy return .of .the Dollies of American military Roads. dead buried in .France to the Un1teil States, and that an pro~er 1036. Also, petition of tlle "Lunacy Commission of the State steps be taken to induce the French Jl.epub1ic to reweal, modify, of Maryland, relative to Senate bill 3383; to the Committee on or suspend all laws that delay or prevent their speeay .removal Expenditures in the Treasury Depl!l'tment. to tlie United ·states and that the Secretary of War be directe_d 1037. By Mr. McCLINTIC: Petition of Oklahoma Press Asso to take all.necessary steps for removal of such bodies for butial ciation, favoring legislation that will -prevent the production or in the 'Untied States ; .to the Commillee on :Foreign ..Affnirs. exhibition of any picture purporting to show the .commission <>f any crime by any desperado, bandit, train robber, or Ulleged "PRTV.A.TE BILL'S AND RESOLUTIQNS. outlaw; to the Committee on the Judiciary. ""10.38. 'By .Mr. MAcGREGOR': Petition of the Albany Assembly Under clause 1 of Rule XXII, private bills and !l!esolutions 1n :re quarantine ·establishment at Staten Tsln.nd; to the Com were introduced and severally referred as ·follo.ws: mittee on .A.Jlp:roprirrtions. By Mr. ASHBROOK: A bill (H. R. U962) granting an in -:1.039 . ..A:l:so_, petition of .railroad ·employees :rmd cit1zens 'Of crease of.pension to Benjamin F. Bm;klew; to the Committee·on Bttffn.la, N. ·y·~ -pTotesfing against the .Cummins bill anti. the Invalid Pensions. Esch xailroad .bill.; to the Committee .on anterstate and Foreign By Mr. CLARK of Missouri: A bill (H. R. 11963) granting Gommerce. an increase of pension to Robert 'H. Kernan ; to the COliliil.ittee 1040. Also, .petition of citizens of Brooklyn, N. Y., for recog on Invalid Pensions. . nition of the Reptfblic of !Utllmnnia.; to th-e .Committee on For By 1\Ir. GREENE of Ver:mo.r:tt': A Dill ('H. 'R. ll964) fo1' the eign Affairs. relief of the heirs af Benjrr.m.in S. "Roberts ; -to the Com:mlttee on 1041. ·By Mr. .MORIN: Petition of the Pennsy'lvania Veter Claims. inary :Medical Association, liD. E. Hickman, secretary, Rn.rris "By l\fr. 'HARRELD: A bill ·('H. R. 11.965) _granting an .increase bnrg, iPa., dndorsing Surgaon Genernl's recommendation .for of pension -to Jacob Amberg; -to the Committee on Pensiuns. V:etar.in:ttriV 'Corps ; :to the Committee on 1\filitary Affairs. By i\fr. HOCH: A bill (H. R. 11966) _granting an mere~ of l.042. ...Also, !petition of LoU:ge No. :L116, of tlre ·International pension to Lucy E. Bucktidge; "to the Committee .on .:Invalid A:s.sociu:tion mf .N:achinists, urging extension -of ·Government con Pensions. trol of railroads for a 'J)eiiod of 'two _yen.rs in order to p.rove By Mr. 'HUDDLESTON: }\ blll ·(H. R. 11967) :for -the relief the effectiveness of Government o]l.&a.tion; to .the Committee of Julian Hurt Guild; to the Committee on Naval.Affuirs. on Interstate .and Foreign Commer.ce. By 'Mr. HULL of Iowa: A bill (H. B. . .11968-) granting a 1.043. "By Mr. HENRY T. ;RAINEY: ""P.etifion of .sundry citi pension to 'Delia P. Smith; to the·Committee on Inva1idFensions. zens of Griggsville, Ill., favoring "fhe repeal of tax on soaas, By 1\Ir. .KINKAIIr. A bill (H.IR. 11969) granting an .increase soft drinks, and ice cream-; to the Committee on Ways and of pension to Ferdinand Zimmerer; to the Committee on "Invtilid M-eans. Pensions. .1044. !By Jlrlr. TI.OWAN : 'Petition of the Brian Bon1 Branch By Mr. KLECZKA: A bill (H. R. 11970) granting a pension of Frilmds of Irish Freedom, of New York City, relative to cer to Philip Stokes; to the Committee on Invalid Pensions. tain legislation ; to the Committee :on Foreign Affairs. By 1\Ir. 1\.fcLAUGHLIN of 1\fidligan: A bill (H. 'R. 11971) to .tt.045. ltiso, letter from William H. O'Rourke, of New York remove the charge of desertion -from the military Tecord of City, Telative ;to the Sells bill, House bill No. 2; to the Com James 1\1. Webster.; to the•Committee on 1\.IilltaTy Afffii.rs. mitte-e on Pensions. Also, a bill (H. R. 11972) granting a pension to 0wen P. 1..046. 1By lthe SPEAKER: Petition of the Associated Sur\ivors Daly; to the Committee on Pensions. of the Sixth A:tmy Corps for the disposal of the Lincoln Statue; By Mr. 1\IAPES: A bill (H. R. 11973) granting a 'Pension to to .the Committee ·on :the Libra1·y. Da ·id E . .A.lmy; to the Comniittee on Invalid Pensions. · 1047. Also, petition of citizens of New Yor.Jr City, relative to By 1\u. PELL: A bill (H. R. 119.74) .granting a pension to the recent race Tiots in ATkansas; to the Committee on the "Judi Margaret Egan ; to the Committee on 'ln..valid Pensions. ciary. By l\Ir. HEJ\"'RY T. RAINEY: A bill ('H. R. 119.75) granting 1048. By Mr. TAGUE: Petition of the Associated Industries an increase of pension to David H. Welch ; to the Committee of .Massachusetts, relative to certain legislation now pending ; on Invalia .Pensions. to tthe Oommittee on the .!fndiciaTy. By Mr. :REED of New York: A .bill (H. R. :1:1976) granting 1..04.9. Also, petition of :Richards & Co. (Ine.), of Boston, Mass .• an increase of pension i:o Knthenine L. -Cushing; to .the Com rel.a:tiv.erto certain legislation now 'J)ending; to the Committee .un mittee on Invalid Pensions. Ways and Means. 1862 CO.NGRESSIONAL RECORD-SENATE. JANUARY 22, 1050. .Also, petition of the Massachusetts Real Estate Ex H. R.11449. An act providing that any person who served in ch.ange, of Boston, 1\lass., indorsing House bill 8080 ; to the Com the Army, ~avy, or Marine Corps of the United States durin•r mittee on ·ways and l\Ieans. any :var, who was killed in action, or died of wounds incurred 1031. By Mr. TEMPLE: Petition by the Joseph Plunkett or d1se~tse contracted in such service, shall be deemed to have Branch, Friends of Irish Freedom, New Castle, Pa., protesting b~en honorably discharged from such service, and to give pen against any arrangement by the agencies of our Goyernment in SIOnable status to the widow or former widow of any such control of fiscal matters by which payment of interest due to the person. United States on foreign loans should be deferred· to the Com- ENROLLED BILLS SIGNED. mittee on 'Vays and Means. ' 1052. By Mr. TIMBERLAKE : Petition of the Sterling Lodge The message further announced that the Speaker of the No. 1336, Bene\"olent and Protective Order of Elks, against the House had ~igned the following enrolled bills, and they were disloyal and seditious element; to the Committee on the Ju thereupon Signed by the Vice President: diciary. .s. 24·76. An act to amend the act establishing the ea~tern dis 1053. Also, petition of citizens of Colorado, relative to certain triCt of Kentucky ; legislation now pending; to the Committee on Military Affairs. S .. 3~7. An act to establish a commission on the practicability, 105:1. By Mr. YATES: Petition urging the importance of in feasibility, and place, and to devise plans for the constructiou serting in House bill 10453 the preservation of a State's commis of a public bridge over the Niagara River from some point in • sions jurisdiction, so as to relieve shippers from the burden of a the City of Buffalo, N. Y., to some point in the Dominion of second hearing before the Interstate Commerce Commission; Canada, and for other purposes; also urging the consideration of the other matters suggested in . H. R:· 1216. An act to amend an act entitled "An act to pro memorial submitted by the National Association of Railway and VIde a1d t~ State or T~rritorial homes for the support of dis Utility Commissioners, excepting the recommendation for the abled soldiers and sailors of the United States;· approved creation of a transportation board; to the Committee on Inter August 27, 1888, as amended March 2, 1889; state and Foreign Commerce. H. R:· 2980. An act to increase the efficiency of the Military 1055. Also, petition of the Hamilton Club, of Chicago, Ill., Establishment of the United States· urging the establishment by Congress at an early date of an aero H. R. 10137. An act to amend ·an' act entitled "An act to nautical department of the Government under a Cabinet officer classify the officers and members of the fire department of the and with adequate appropriation, and reciting that the Hamilton District of Columbia, and for other purposes " ; and Club will aid at once in acquiring for Chicago a municipal land H. R. 10331. An act to amend an act entitled "An act makin('r iag field ; to the Committee on Military Affairs. appropriations for the support of the Army for the fiscal yea~ 1056. Also, petition of the Heppes Nelson Roofing Co., Chicago, ending June 30, 1919,'' approved July 9, 1918. Ill., advocating the retention of the present powers of the various PETITIONS AND MEMORIALS. State commissions as provided for in House bill10453, but oppos Mr. NELSON presented a memorial of sundry citizens of Red ing the creation of a transportation board; to the Committee on Lake County, Minn., remonstrating against the taxation of Interstate and Foreign Commerce. bonds issued by joint-stock land banks, which was referred to the Committee on Banking and Currency. He also presented a petition of sundry citizens of Minnesota praying for the passage of the so-called Smoot land-bank bill' SENATE. which was referred to the Committee on Banking and .Cur: rency. THURSDAY, January ~fd, 19~0. He also presented the memorial of H. B. Smith, president of Rev. John Paul Tyler, of the city of Washington. offered the the Northern Pacific Railway Beneficial Association, of St. following prayer : Paul, Minn., remonstrating against the enactment of certain antipass legislation. affecting railroad surgeons, which was re Almighty God, Lord of all the earth, God of our fathers, accept, ferred to the Committee on Interstate Commerce. we beseech Thee, our grateful thanksgiving for all Thy mercies 1\fr. ASHURST. I present resolutions adopted by the Cham unto us. Forgive us wherein we have failed to see Thee and to ber of Commerce of Yavapai County, Ariz., which I ask to have do Thy will, and grant unto us grace that with pure and un printed in the RECORD. selfish devotion to the establishment of Thy righteousness in the There being no objection, the resolutions were ordered to be earth we :r;nay give ourselves to the affairs before us this day. printed in the RECORD, as follows : Let Thy blessing rest upon the President of our United States and all others in authority over us. Bless the people of our land, "Whereas there has grown up in this country one or more our homes, our loved ones. Keep us ever true to Thee, and organizations which openly avow their purpose and design then at last crown us with Thine own blessed," Well done." We to forcibly overthrow · our Government, which openly ask in His name, who taught us all when we pray to say: spread revolutionary propaganda, which advise and en Our Father who art in heaven. Hallowed be Thy name. Thy courage disobedience and open defiance of lawfully consti kingdom come, Thy will be done on earth as it is in heaven. tuted authority, which in time of war have given aid and Give us this day our daily bread., and forgive us our trespasses comfort to our enemies, and, claiming the protectiou of our as we forgiYe those who trespass against us. Lead us not into laws, do themselves advocate and practice murder, in temptation, but deliver us from eviL For Thine is the kingdom, timidation, and wanton destruction of property as a means the power, and the glory, forever. Amen. of furthering their unlawful and disloyal ends ; and " Whereas there are harbored in this country many of foreign On request of l\Ir. CURTIS, and by unanimous consent the birth, some of whom have been admitted to citizenship, reading of the Journal of yesterday's proceedings was disp~nsed whose chief occupation is to teach the doctrines of an with and the Journal was approved. archy, syndicalism, and force, and who promote unrest MESSAGE FROM THE HOUSE. and disloyalty among our population of foreign birth ; aml A message from the House of Representatives, by D. K. Hemp "Whereas, as a result of the nefarious, seditious, and disloyal stead, its enrolling clerk, announced that the House insists upon teachings aforesaid, there is a well-founded belief that its amendment to the bill (S. 3076) authorizing suits against there does now exist in this Nation an extensive organizecl the United States in admiralty, suits for salvage services, and conspiracy to forcibly overthrow our form of government, providing for the release of merchant vessels belonging to the to hold our Constitution and laws in contempt, and to United States from arrest and attachment in foreign jurisdic substitute therefor a government by a class for that class tions, and for other purposes, disagreed to by the Senate, agrees the so-called soviet or proletariat ; and to the conference asked for by the Senate on the disagreeing "Whereas those of our institutions ·which guarantee the votes of the two Houses thereon, and had appointed Mr. VoL equal rights and opportunities of all of our citizens ars STEAD, 1\lr. MoRGAN, and Mr. WHALEY managers at the conference thus put in jeopardy: Therefore be it on the part of the House. "Resolved by the Chamber of Commerce of the county of The message also announced that the House had passed the Yavapai, State of Arizona, That the Senate and Congress of following bills, in which it requested the concurrence of the the United States and the legislatures of the several States be Senate: urged to enact the most stringent laws to suppress the dis H. R. 9023. An act to give effect to certain provisions of the loyal and seditious activities above set forth; that ample convention for the protection of trade-marks and commercial funds be placed at the disposal of those chargecl with the en names, made and signed in the city of Buenos Aires, in the forcement of such laws; and that all aliens engaged in dis· Argentine Republic, August 20, 1910, and for other purposes; loyal propaganda or practices be deported from our country: and Be it further