1909. CONGRESSIONAL RECORD-. SENATE. 249

By Mr. CLINE: Papers to accompany bills for relief of SENATE. William A.. Withers and Jacob H. Schell-to the Committee on ·Invalid Pensions. MoNDAY, DecembeT ~O, 1909. By l\Ir. COX of Ohio: Petition· of citizens of Ohio, against Prayer by the Chaplain, Rev. Ulysses G. B. Pierce, D. D. legislation in reference to the observance of Sunday in the Dis­ The Secretary proceeded to· read. the Journal of the proceed­ trict of Columbia-to the Committee on the District of Columbia. ings of Thursday last, when, on request of Mr. KEAN and by By Mr. DANIEL A.. DRISCOLL: Petition of Buffalo (N. Y.) unanimous consent, the further reading was dispensed with and Chamber of Commerce, favoring a ship subsidy-to the Com­ the Journal was approved. mittee on the Merchant Marine and Fisheries. .Also, petition of Buffalo (N. Y.) Chamber o:f Commerce, EXPENDITURES IN THE DEP.A.RTMENT OF AGRICULTURE. favoring an exhibit by the United States at the Italian exposi­ tion of 1911-to the Committee on Industrial .Arts and Exposi­ The VICE-PRESIDE~"T laid before the Senate a communica­ tions. tion from the Secretary of Agriculture, transmitting, pursuant :Also, petition of Buffalo (N. Y.) Chamber of Commerce, to law, classified and detailed estimates of every subject of ex­ indorsing work of the Hydrographic Office-to the Committee penditure intended for the Department of .Agriculture for the on the Merchant Marine and Fisheries. fiscal year ending June 30, 1911, together with detailed reports By Mr. FOSTER of Vermont: Petition against Senate bill of all expenditures under any appropriation for such service 404, Sabbath observance in District of Columbia-to the Com­ during the fiscal year ended June 30, 1909, etc. (II. Doc. No. mittee on the District of Columbia. 421), which, with the accompanying paper, was referred to the By Mr. FULLER: Petition of citizens of Genoa, Ill., against Committee on .Agriculture and Forestry and ordered to be parcels-post legislation-to the Committee on the Post-Office and printed. · Post-Roads. DISPOSITION OF USELESS PAPERS. .Also, petition of the Big Bend Reunion Veteran .Association The VICE-PRESIDENT laid before the Senate a communica­ of Illinois, favoring amendment of acts of June 27, 1890, .April tion from the Secretary of the Treasury, transmitting; pursuant 19, 1908, and other acts, concerning pensions, etc.-to the Com­ to law, schedules of papers, documents, etc., on the files of that mittee on Invalid Pensions. department which are not needed in the transaction of public Also, petition of the Forty-third National Encampment of the business and are of no permanent value or historical interest, Grand Army of the Republic, recommending that the status of which, in pursuance of the act of February 16, 1889, was, with the First Battalion of Mountaineers, California Volunteers, be the accompanying papers, referred to a Joint Select Committee restored by legislation and that they be given a pensionable on Disposition of Useless Papers in the Executive Deparbnents, status-to the Committee on Military .A.ff airs. and Mr. SIMMONS and Mr. GALLINGER were appointed as mem­ A.I o, paper to accompany bills for relief of ~ames E. Bates bers of the committee on the part of the Senate. and Charles F. Troescher-to the Committee on Invalid Pensions. By Mr. GILLESPIE: Petition of citizens of Fort Worth, FOREIGN MA.NUFA.CTURES. Tex., against legislation in reference to the observance of Sun­ The VICE-PRESIDENT laid before the Senate a communi­ I day in the District of Columbia-to the Committee on the Dis­ cation from the Secretary of State, transmitting, in response trict of Columbia. to resolutions of March 6 and April 5, 1909, additional reports By,Mr. GR.A.NT: Papers to accompany biJls for relief of estate from consular officers concerning the practice of selling foreign of George Hodge (H. R. 8864) anq J. H. Regan (H. R. 8863)­ manufactured goods in this country at prices lower than the to the Committee on War Claims. domestic prices ( S. Doc. No. 16, part 4), which, with the ac­ By Mr. HANNA: Petition of business men of Cando, N. Dak., companying papers, was ordered to lie on the table and be against parcels-post law-to the Committee on the Post-Office printed. and Post-Roads. By Mr. HUBBARD: Paper to accompany bill for relief of FINDINGS OF THE COURT OF CLAIMS. George M. Pardoe-to the Committee on Invalid Pensions. The VICE-PRESIDENT laid before the Senate communica­ By Mr. HUMPHREY of Washington: Petition of citizens ot tions from the assistant clerk of the Court of Claims, transmit­ Washington against legislation in reference to the observance ting certified copies of the findings of fact filed by the court in of Sunday in the District of Columbia-to the Committee on the following causes : the District of Columbia. The .Abingdon Protestant Episcopal Church, of Gloucester By Mr. KAHN: Petition of Chamber of Commerce of San County, Va., v. United States ( S. Doc. No. 217) ; Francisco, Cal., favoripg extension of coastwise navigation Lillie L. Penrod, sole heir of Mary E. Wycough, deceased, v. laws to the Panama Canal Zone and the Philippine Islands-­ United States (S. Doc. No. 220); to the Committee on Insular .Affairs. The Rector of St. Peter's Roman Catholic Church, of Han­ By Mr. MOORE of Pennsylvania : Paper to accompany bill cock, Md., v. United States ( S. Doc. No. 216) ; for relief of Lewis Durst-to the Committee on Invalid Pensions. Francis T. Buckner, administrator de bonis non cum testa­ By Mr. NORRIS: Petition of Federation of Nebraska Retail­ mento annexo of John l\f. Armstrong, deceased, v. United States ers, against parcels-post legislation-to the Committee on the (S. Doc. No. 224) ; Post-Office and Post-Roads. The Trustees of the Second Presbyterian Church of Alex­ By Mr. NYE: Petition of Department of Minnesota, Grand andria, Va., v. United States (S. Doc. No. 218): .Army of the Republic, favoring the creation of a national ceme­ The Trustees of the Grace Evangelical Lutheran Church, of tery at Andersonville, Ga.-to the Committee on Military .Affairs. Winchester, Va., v. United States (S. Doc. No. 219); By Mr. REEDER: Petition of members of Robert Hale Post, EJ. P. Ament, administrator de bonis non of John Ament, de- No. 32 , favoring a civil war volunteer officers' retired list-to ceased, v. United States ( S. Doc. No. 221) ; the Committee on Invalid Pensions. Myron Powers v. United States (S. Doc. No. 222); and . By l\lr. ROBINSON: Paper to accompany bill for relief of l\frs. Gertrude O'Bannon v. United States (S. Doc. No. 223). W. J. Masey (H. R. 15218)-to the Committee on Claims. The foregoing causes were, with the accompanying papers, By l\fr. TAYLOR of .Alabama: Petition of Mobile Basin and referred to the Committee on Claims and ordered to be printed. Tennessee River Association, for an appropriation sufficient for a 27-foot channel in Mobile Bay-to the Committee on Rivers PAY OF EMPLOYEES. and Harbors. A. message from the House of Representatives, by Mr. W. J. By 1\fr. THOMAS of North Carolina: Paper to accompany bill Browning, its Chief Clerk, announced that the House had passed for relief of heirs of Moses Crow-to the Committee on War a joint resolution (H. J. Res. 84) to pay the officers and em­ Claims. ployees of the Senate and House of Representatives their re­ By Mr. SULZER: Petition of Grand Army of the Republic of spective salaries for the month of December, 1909, on the 20th the United States, favoring restoration of the First Battalion day of said month, in which it requested the concurrence of the of Mountaineers, California Volunteers, to a pension status­ Senate. to the Committee on Military .Affairs. Mr. PERKINS. I ask that the joint resolution which has By Mr. SHARP: Petition of McLaughlin Post, No. 13, Grand just been received from the House of Representatives be laid Army of the Republic, Mansfield, Ohio, favoring passage of the before the Senate. McElroy pension bill-to the Committee on Invalid Pensions. H.J. Res. 84. Joint resolution to pay the officers and employees By Mr. SHEFFIELD: Paper to accompany bill for relief of of the Senate and House of Representatives their respective James Moran-to the Committee on Invalid Pensions. salaries for the month of December, 1909, on the 20th day of .Also, petition of Newport Yacht Club, of Newport, R. I., said month was read the first time by its title. against the Humphrey bill (H. R. 6865)-to the Committee on Mr. PERKINS. I ask the unanimous consent for the present / the Merchant Marine and Fisheries. consideration of the joint resolution. 250 .CONGRESSIONAL RECORD-SENATE. DEOE:M~BER 20,

The joint resolution was read the second time at length and l\1r. WETMORE presented a memorial of the Rhode Island considered as in Committee of the Whole as follows: State Federation of Women's Clubs, remonstrating against the House joint resolution 84. desecration of the Hetch Hetchy Valley in the State of Califor­ Resol,,;ea, etc., That the Secretary of the Senate and the Clerk of the nia, which was referred to the Committee on Public Lands. House of Representatives be, and they are hereby, authorized and in­ :Mr. BURKETT presented a memorial of the Federation of structed to pay the officers and employees of the Senate and House of Nebraska Retailers, of Tilden, Nebr., remonstrating against Representatives, includin"' the capitol police, their respective salaries for the month of December, 1909, on. the 20th day of said month. the passage of the so-called " rural parcels-post bill," which was referred to the Committee on Post-Offices and Post-Roads. The joint resolution was reported to the Senate without He also presented sundry affidavits to accompany the bill amendment, ordered to a third reading, read the third time, and (S .. 3767) granting an increase of pension to Joseph A. Street, passed. which were referred to the Committee on Pensions. PETITIONS AND MEMORIALS. Mr. l\TELSON presented a petition of the Department of Min­ The VICE-PRESIDENT presented the petition of $; F. Me­ nesota, Grand Army of the Republic, of St. Paul, Minn., praying Cloud, of Long Branch, N. J., praying for the passage of the for the enactment of legislation to accept as a gift from the so-called "Union ex-prisoners of war" bill, which was referred Woman's Relief Corps of the ground on which stood the con­ to the Committee on Pensions. federate prison at Andersonville, Ga., which was referred to the Mr. FLINT presented a petition of the board of supervisors Committee on Military Affairs. of Colusa County, Cal., and a petition of the board of super­ visors of Solano County, Cal., praying that an appropriation REPORTS OF COMMITTEES. of $400,000 be made, to be used in connection with a similar Mr. PERKINS, from the Committee on Commerce, to whom sum appropriated by the State, for the rectification and im­ was referred the bill ( S. 427) for the purchase or construction provement of the San Joaquin and Sacramento rivers in that of a launch for the customs service at and in the vicinity of State, which were referred to the Committee on Commerce. Los Angeles, Cal.~ reported it with an amendment and sub­ He also presented a petition of the Chamber of Commerce of mitted a report (No. 29) thereon. San Francisco, Cal., praying that the United States be prop­ He also, from the same committee, to whom was referred the erly represented at the international exposition to be held in bill ( S. 2904) to authorize additional aids to navigation in the Rome-Torino in 1911. which was referred to the Select Com­ Light-House Establishment, and for other purpose , reported it mittee on Industrial Expositions. with amendments and submitted a report (No. 30) thereon. He also presented a petition of the Chamber of Commerce of He also, from tlie same committee. to whom were referred the San Francisco, Cal., praying that an appropriation be made for following bills, asked to be discharged from their further con­ the erection of a subtreasury building at that city, which was sideration and that they be postponed indefinitely, which was referred to the Committee on Public Buildings and Grounds. agreed to: He also presented a petition of the California State Federa­ A bill ( S. 1761) to provide for the establishment of a three­ tion of Labor, of San Rafael, Cal., praying for the enactment order rffrnlving light at Point Arguello, seacoast of California· I . of legislation providing that postal clerks shall not be required A bill ( S. 1486) to provide for a fourth-order revolving light, to work over forty-eight hours in any one week, which was re­ for signal, and keeper's quarters at Santa Barbara, seacoast of \ ferred to the Committee on Education and Labor. California; He also presented a petition of the California State Federa­ A bill (S. 1482) to provide for the establishment of a three­ tion of Labor at San Rafael, Cal, praying for the enactment order revolving light and keeper's quarters at Point Firmin of legislation providing for the employment of skilled labor on seacoast of California; - ' certain work at the l\Iare Island Navy-Yard, in that State, A bill ( S. 1485) to provide for the establishment of a light which was referred to the Committee on Naval Affairs. and fog signal on Anacapa Island, off the coast of California ; He also presented a petition of the Shipowners' Association A bill ( S. 1483) to provide for a fog signal and keeper's quar­ of the Pacific Coast, of San Francisco, Cal., and a petition of ters at Point Loma, seacoast of California; and the Chamber of Commerce of San Francisco, Cal., praying for A bill (S. 1484) to provide for the establishment of a fog the enactment of legislation to extend the coastwise shipping signal and keeper's quarters at Point Hueneme, seacoast of laws to the Panama Canal Zone and the Philippine Islands, California. which were referred to the Committee on Commerce. CATHERINE A. LAYTON. :Mr. PILES presented a petition of E. J. Houghton Post, No. 1\Ir. KEAN, from the Committee to Audit and Control the 75, Department of Washington and Alaska, Grand Army of the Contingent Expenses of the Senate, to whom was referred the Republic, of Kettle Falls, Wash., and a petition of H. R. Loomis resolution ( S. Res. S8) submitted by Mr. MONEY on the 13th in­ Post, No. 80, Department of Washington, Grand Army of the stant, reported it without amendment, :ind it was considered by Republic, of Gig Harbor, Wash., praying for the passage of unanimous consent and agreed to, as follows: the so-called "National Tribune pension bill," which were re­ Senate resolution 98. ferred to the Committee on Pensions. Resoked, That the Secretary of the Senate be, and he is hercbyt Ile also presented a petition of the Shipowners' Association authorized and directed to pay to Catherine A. Layton, widow or of the Pacific Coast, of San Francisco, Cal., praying for the Bernard W. Layton, late messenger, acting assistant doorkeeper of the Un.ited States Senate, a sum equal to six months' salary at the enactment of legislation to extend the coastwise shipping laws rate be was receiving by law at the time of his demise, ~a.id sum to be to the Panama Canal Zone and the Philippine Islands, and also considered as including funeral expenses and all other allowances. to require the Canal Commission to ship all supplies in Ameri­ MATILDA A. GORDON. can yessels, which was referred to the Committee on Commerce. Mr. KEAN. I am directed by the Committee to Audit and l\fr. SCOTT presented a petition of Meade Post, No. 6, De­ Control the Contingent Expenses of the Senate, to whom was partment of West Virginia, Grand Army of the Republic, of Control the Contingent Expenses of the Senate, to whom was re­ Fairmont, W. Va., praying for the passage of the so-called ferred the resolution (S. Res. 97) submitted by the Senator from "National Tribune pension bill," which was referred to the New Hampshire [Mr. GALLINGER] on the 13th instant, to report Committee on Pensions. it favorably with an amendment, and I ask for its present con­ Ile also presented a memorial of the Foster-Mead Hardware sideration. Company, of Huntington, W. Va., and a memorial of the Spe­ The Senate, by unanimous consent, proceeded to consider the cialty Mattress Company, of Huntington, ,V. Va., remonstrating resolution, as follows: against the passage of the so-called "rural parcels-post bill," Senate resolution 97. which were referred to the Committee on Post-Offices and Post- Resoli:ed, That the Secretary of the Senate be, and he is h~reby, Roads. authorized and directed to pay to Matilda A. Gordon, widow of Charles A. Gordon, late messenger to the Committee on the District of Co­ l\fr. CURTIS presented a petition of sundry veterans of the lumbia, United States Senate, a sum equal to six months' salary at the civil war, residents of Baxter Springs, Kans., and a petition rate he was receiving by law at the time of his death, said sum to be of Eldred Post, No. 174, Department of Kansas, Grand Army considered as including funeral expenses and all other allowances. of the Republic, of Medicine Lodge, Kans., praying for the The amendment of the committee was, in line 3, to strike passage of the so-called "National Tribune pension bill," which out the initial "A." and insert the initial " S.," so as to read: were referred to the Committee on Pensions. "Charles S. GOrdon. 1\fr. BURROWS presented resolutions adopted by the Board The amendment was agreed to. of Trade of Saginaw, Mich., and also resolutions adopted by The resolution as amended was agreed to. the harbor committee and the Niagara River improvement committee of the Chamber of Commerce of Buffalo, N. Y., MISSISSIPPI RIVER BRIDGE. indorsing the work of the United States Hydrographic Office, Mr. PILES. I am directed by the Committee on Commerce, which were referred to the Committee on Commerce. to whom was referred the bill ( S. 4225) to amend an act en- 1909. CONGRESSIONAL RECORD-SENATE. 251!

titled "An act to amend an act to authorize the city of St. A bill (S. 4453) granting a pension to Annie Simmons (with Louis, a corporation organized under the laws of the State of an accompanying paper); to the Committee on Pensions. Missouri, to construct a bridge across the Mississippi River," By Mr. PILES: approved January 9, 1909, to report.it favorably, and I submit a A bill (S. 4454) for the relief of Thomas C. Clark; and ·report (No. 31) thereon. I call the attention of the Senator A bill ( S. -4455) for the relief of Peter McKay; to the Com­ from Missouri [Mr. W ABNJrn] to the bill. mittee on Claims. Mr. WARNER. I ask for the present consideration of the A bill ( S. 4456) for the construction of a steam vessel for bill just reported by the Senator from Washington. the Revenue-Cutter Service for duty on the Pacific coast; The Secretary read the bill; and there being no objection, A bill (S. 4457) authorizing the establishment of aids to navi­ the Senate, as in Committee of the Whole, proceeded to its con­ gation in Alaskan waters and making an appropriation there- sideration. for; and . l\Ir. CULLOM. The bill has come from the Committee on A bill (S. 4458) to increase the limit of cost of a light and Commerce, I take it. fog-signal station to be established at Battery Point, Wash- The VICE-PRESIDENT. It has been reported from the ington; to the Committee on Commerce. . Committee on Commerce. A bill ( S. 4459) to remove the charge of desertion against The bill was reported to the Senate without amendment, or­ Thomas L. Rodgers; to the Committee oil Naval Affairs. dered to be engrossed for a third reading, read the third time, A bill ( S. 4460) permitting Salmon l\I. Allen to make a second and passed. homestead entry; to the Committee on Public Lands. BILLS AND JOINT RESOLUTIONS INTRODUCED. A bill (S. 4461) to establish on the coast of the Pacific States Bills and joint resolutions were introduced, read the first a station for the investigation of problems connected with the time, and by unanimous consent the second time, and referred marine-fishery interests of that region; to the Committee on as follows: Fisheries. By Mr. NELSON: A bill (s. 4462) to amend section 5278 of the Revised Stat­ A bill ( S. 4428) placing certain general officers of volunteers utes; 'to the Committee on the Judiciary. in the civil war on the retired list of the army; to the Com­ A bill ( S. 4463) to amend an act entitled "An act to .amend mittee on Military Affairs. an act amending the act entitled 'An act to authorize the re­ By Mr. DICK: ceipt of United States gold coin in exchange for gold bars; ' " A bill ( S. 4429) granting an increase of pension to William and E. Shepard ; and A bill (S. 4464) providing for the appointment of an ap­ A bill ( S. 4430) granting an increase of pension to Israel D. praiser of merchandise for the customs collection district of Lewis; to the Committee on Pensions. Puget Sound, State of Washington; to the Committee on A bill (S. 4431) to restore the name of Vernon avenue to Finance. that certain street lying and being in the county of Washington By Mr. BRIGGS: and running from Florida avenue to Nineteenth street NW., A bill (S. 4465) granting an increase of pension to George A. and now known as U street (with accompanying papers); to the Griswold (with accompanying papers); to the Committee on Committee on the District of Columbia. Pensions. By Mr. SUTHERLAND: A bill (S. 4466) to amend section 1 of an act entitled "An act A bill (S. 4432) carrying into effect the finding in the Court to regulate commerce," approved February 4, 1887; to the Com­ of Claims in the case of Moylan C. Fox, executor; to the Com­ mittee on Interstate Commerce. mittee on Claims. By Mr. FRYE: A bill (S. 4433) granting an increase of pension to Amos K. A bill (S. 4467) granting an increase of pension to Edward I. Smith; nnd Brackett (with accompanying papers); A bill (S. 4434) granting an increase of pension to Joseph P. A bill (S. 4468) granting a pension to Thomas Roy (with ac­ Redman; to the Committee on Pensions. companying papers) ; and By Mr. l\fcCUMBER: A bill ( S. 4469) granting an increase of pension to Olive C. A bill ( S. 4435) granting an increase of pension to John Dodge (with accompanying papers); to the Committee on Pen­ David Harker (with accompanying papers); sions. A bill ( S. 4436) granting an increase of pension to George L. By .Mr. PAYNTER: Harvey (with- accompanying papers); A bill ( S. 4470) for the relief of Kate Oakes Smith; A bill ( S. 4437) granting an increase of pension to Mark A bill ( S. 4471) for the relief of James R. Evans; and Simpkins (with accompanying papers) ; A bill· (S. 4472) for the relief of J. Knight Lowery; to the A bill ( S. 4438) granting an increase of pension to George Committee on Claims. Ward (with accompanying papers) ; By Mr. GAMBLE: A bill ( S. 4439) granting an increase of pension to Joseph A bill ( S. 4473) for the relief of Rasmus K. Hafsos ; to the ) March (with accompanying papers) ; Committee on Indian Affairs. A bill (S. 4440) granting an increase of pension to George w. A bill ( S. 4474) granting an increase of pension to John 0. Kurtz (with accompanying papers) ; Aller; and · A bill (S. 4441) granting an increase of pension to Harrison A bill (S. 4475) granting an increase of pension to Melvin W. B. Carter (with accompanying papers); Murdock (with accompanying papers); to the Committee on A bill (S. 4442) granting an increase of pension to John Mc­ Pensions. Cracken (with accompanying papers) ; By Mr. JONES: A bill ( S. 4443) granting an increase of pension to Othello A bill ( S. 4476) granting a pension to Louis Scholl; to the Delano (with accompanying papers); Committee on Pensions. A bill ( S. 4444) granting an increase of pension to Thomas A bill ( S. 4477) providing for the homestead entry of certain O'Neal; and lands in the State of Washington, and for other purposes; to A bill (S. 4445) granting an increase of pension to Halvor T. the Committee on Public Lands. · Anderson ; to the Committee on Pensions. A bill (S. 4478) granting pensions to certain officers and en­ By Mr. DU PONT: listed men of the Life-Saving Service and to their widows and A bill ( S. 4446) to give the Secretary of the Treasury dis~ minor children; to the Committee on Commerce. cretionary power in regard to the improvement of the post-office By Mr. SHIVELY: and court-house at Wilmington, Del.; to the Committee on Pub­ A bill (S. 4479) granting an increase of pension to John R. lic Buildings and Grounds. Kissinger (with an accompanying paper) ; to the Committee on A bill (S. 4447) granting an increase of pension to John Pensions. Donahoe (with an accompanying paper) ; By l\Ir. ORAWFORD: A bill (S. 4448) granting a pension to Mary J. Farrell (with A bill ( S. 4480) making it unlawful for a common carrier to an accompanying paper) ; transport articles and commodities in interstate commerce A bill ( S. 4449) granting an increase of pension to Nebet which it owns in whole or in part, or which are owned by. a Hickman (with accompanying papers); corporation in which it.owns the capital stock or a majority A bill (S. 4450) granting an increase of pension to Mary A. thereof; to the Committee on Interstate Commerce. Kollock (with an accompanying paper); A bill ( S. 4481) regulating and restricting the issuance of A bill (S. 4451) granting an increase of pension to William restraining orders and temporary and, permanent injunctions McCoy (with an accompanying paper) ; and requiring notice to be given ; to the Committee on the ( A bill ( S. 4452) granting a pension to John C. Ripperger; and Judiciary. 252 CONGRESSIONAL RECORD-SENATE. DECEl\IBER 20'

A bill (S. 4482) to increase the limit of cost of the "public The VICE-PRESIDENT. At the request of the Senator from building at Huron, S. Dak. ; to the Committee on Public Build­ Nebraska the bill will be referred to the Committee on Irri­ ings and Grounds. gation. A bill ( S. 4483) granting an increase of pension to William By Mr. BURKETT: H. Bruss (with an accompanying paper); A bill (S. 4506) to am.end section 1 of chapter 137, Eighteenth A bill ( S. 4484) granting a pension to Laura R. Holliday Statutes at Large, approved March 3, 1875, entitled "An act to ·(with accompanying papers); determine the jurisdiction of circiut courts of the United States A bill ( S. 4485) granting an increase of pension to Joseph and to regulate the removal of causes from state courts, and 'for Copler (with accompanying papers) ; other purposes;" to the Committee on the Judiciary. A bill ( S. 4486) granting an increase of pension to Perry E. A bill ( S. 4507) granting a pension to E. A. Carroll; to the Davis (with an accompanying paper); Committee on Pensions. A bill (S. 4487) granting an increase of pension to Warren F. By Mr. SCOTT: Williams (with accompanying papers) ; A bill (S. 4508) granting an increase of pension to Sidney F. A bill ( S. 4488) granting an increase of pension to Elmer Shaw (with accompanying papers); and Strickland (with an accompanying paper) ; and .A. bill (S. 4509) granting an increase of pension to Winfield A bill (S. 4489) granting an increase of pension to Samu~l S. King (with accompanying papers); to the Committee on Walton (with accompanying papers); to the Committee on Pensions. Pensions. A bill (S. 4510) to remove the charge of desertion from the By 1\ir. BROWN: military record of David Maple (with accompanying papersj; A bill ( S. 4490) providing for the taxation of the lands of to the Committee on .Military Affairs. the Omaha Indians in Nebraska; to the Committee on Indian By Mr. TAYLOR: Affairs. A bill (S. 4511) granting an increase of pension to John T. A bill ( S. 4491) granting an increase of pension ta John C. S. Phillips; and Weills (with an accompanying paper); A bill ( S. 4512) granting an increase of pension to Walter A bill (S. 4492) granting an increase of pension to Frederick Moore; to the Committee on Pensions. Marti; and A bill ( S. 4513) for the relief of Louis L. Coleman ; to the A bill ( S. 4493) granting an increase of pension to Robert A. Committee on Claims. Mills (with accompanying papers); to the Committee on Pen­ .By Mr. OVERMAN: sions. (By request) a bill (S. 4514) to further exclude undesirable By Mr. CULLOM:: immigrants, regulate the residence of aliens, improve conditions A bill ( S. 4494) granting an increase of pension to Peter M. on immigrant vessels, raise funds for the proper enforcement of Kiron; the immigration laws, and repress the white slave traffic; to A bill (S. 4495) granting an increase of pension to Isaac N. the Committee on Immigration. Jones; By Mr. BURROWS: A bill ( S. 4496) granting an increase of pension to Henry L. A bill ( S. 4515) to correct the military record of Henry B. Ketcham; Elderkin and grant him an honorable discharge; and A bill ( S. 4497) granting an increase of pension to Caroline A bill ( S. 4516) to correct the military record of Royal G. ,Williams; White, alias . John Grandy, and grant him an honorable dis­ A bill (S. 4498) granting an increase of pension to James F. charge (with an accompanying paper); to the Committee on Trobridge ; and Military Affairs. A bill ( S. 4499) granting an increase of pension to Charles By 1\fr. ALDRICH: _ Rivet; to the Committee on Pensions. A bill (S. 4517) for the relief of the State of Rhode Island; By Mr. GALLINGER: to the Committee on Claims. A bill (S. 4500) to authorize the extension of the public build­ A bill (S. 4518) granting a pension to Edwin L. Hunt (with ing in the city of Concord, N. H., and for other purposes; to the accompanying papers) ; Committee on Public Buildings and Grounds. A. bill ( S. 4519) granting an increase of pension to Elias E. A bill (S. 4501) to enable any State to cooperate with any Cox (with an accompanying paper) ; other State or States, or with the United States, for the pro­ A bill (S. 4520) granting an increase of pension to James F. tection of the watersheds of navigable streams, and to appoint Mowrey (with accompanying papers); a commission for the acquisition of lands for the purpose of A bill (S. 4521) granting an increase of pension to William conserving the navigability of navigable rivers; to the Com- A. Rose; mittee on Agriculture and Forestry. · A bill ( S. 4522) granting a pension to Mary J. White; A bill ( S. 4502) to provide for a system of parks in the Dis­ A bill (S. 4523) granting an increase of pension to Charles trict of Columbia (with accompanying papers) ; and H. Henshaw; and A bill ( S. 4503) to regulate the business of loaning money on A bill (S. 4524) granting an increase of pension to James security of any kind by persons, firms, and corporations other Buchanan; to the Committee on Pensions. than national banks, savings banks, trust companies, and real By Mr. CURTIS: estate brokers in the District of Columbia (with accompanying A bill (S. 4525) granting an increase of pension to A. M. Kent papers) ; to the Committee on the District of Columbia. (with accompanying papers); . By Mr. WARNER: A bill ( S. 4526) granting an increase of pension to Thomas E. A bill ( S. 4504) to extend the provisions of the pension act of De Pui (with accompanying papers); June 27, 1890, to the Enrolled Missouri Militia and other mili­ A bill (S. 4527) granting an increase of pension to Andrew O. tia organizations of the State of Missouri that cooperated Ramsey; with the military or naval forces of the United States in sup­ A bill (S. 4528) granting a pension to Agnes White; and pressing the war of the rebellion; to the Committee on Pensions. A. bill (S. 4529) granting an increase of pension to John L. By Mr. BURKETT: Morrison ; to the Committee on Pensions. A bill ( S. 4505) to allow entrymen under the reclamation A bill ( S. 4530) for the relief of Archibald Craig; act of June 17, 1902, to assign their etl.tries upon proof of resi­ A bill ( S. 4531) for the relief of Franklin S. Cowan ; and dence, improvement, and cultivation for the five years required A bill ( S. 4532) for the relief of Ira Strickland; to the Com­ by said law, and for other purposes. mittee on Military Affairs. The VICE-PRESIDENT. The bill will be referred to the By Mr. MONEY: Committee on Public Lands. A bill (S. 4533) for the relief of Gunner Carrington A. Young, Mr. BURKETT. I suggest that it ought to go to the Com­ U. S. Navy, retired; to the Committee on Naval Affairs. mittee on Irrigation. I did not indicate the reference · on the A bill (S. 4534) for the relief of Mrs. P. A. Esktidge; and bill, but I call the attention of the Chair to a fact to which A bill (S. 4535) for the relief of the heirs of the estate of he may give some consideration. Gladney, Gardner & Co., Lee County, Miss.; to the Committee It pertains to the. assignment of the entry rights of a settler on Claims. under an irrigation project, and it modifies the irrigation law. By Mr. BURROWS: It involves a question to which the Committee on Irrigation in A bill ( S. 4536) granting an increase of pension to Harvey A. its recent investigation during the past vacation have gi"rnn a Langworthy (with accompanying papers); to the Committee on good deal of attenton. It does not necessarily involve the title Pensions. of public lands; it involves nothing except entries under an By Mr. ELKINS: ' irrigation project, and in my opinion the proper reference is to A bill (S. 4537) granting a pension to Barbara J. Reed (with "( the Committee on Irrigation. accompanying papers); 1909. CONGRESSIONAL RECORD-SENATE. 253 '

A bill (S. 4.538) granting a pension to Daniel M. Yeager; DOCUlfENTARY HISTORY OF THE CONSTITUTION. A bill ( S. 4539) granting a pension to William Hoberg; . .Mr. FLINT submitted the following concurrent resolution A bill ( S. 4540) granting a pension to Francis Redmond; (S. C. Res. 17), which was referred to the Committee on A bill ( S. 4541) granting a pension to Francisco Montoya; Printing: A bill ( S. 4542) granting a pension to Samuel T. Jones, alias Thomas Jenkins ; Senate concurrent resolution 17. Resolved b11 the Senate (the House of Representatit;es concttrrilig), A bill ( S. 4543) granting a pension to William Carpenter; That of volumes 4 and 5 of the document known as the " Documentary A bill ( S. 4544) granting an increase of pension to Cyrus History of the Constitution of the United States," 6,000 copies be Trough; printedh of which number 2,000 shall be for the use of the Senate and A bill (S. 4545) granting an increase of pension to Samuel S. 4,000 s all be for the use of the House of Representatives. Price; CLAilIS OF POSTMASTERS IN MASSACHUSETTS. A bill ( S. 4546) granting an increase of penslon to Alexander Mr. LODGE. I submit a resolution and ask for its present Thacker; consideration. A bill (S. 4547) granting an increase of pension to Samuel C. The resolution (S. Res. 105) was read, as follows: Bernhard; Senate resolution 105. A bill ( S. 4548) granting an increase of pension to Adam Resolved, That the Secretary of the Treasury be, and he is hereby, Minear (with an accompanying paper) ; directed to have audited and reported for payment to the Senate the A bill (S. 4549) granting an increase ·of pension to Francis salaries of those who served as postmasters at post-offices in the State of Massachusetts in biennial t erms between July 1, 1864, ~nd June Masena (with an accompanying paper); 30, 1874, whose names and periods of service appear in applications A bill ( S. 4550) granting an increase of pension to William H. before 1887 on file in the department, the salary of each former post­ Givins: master to be stated for each specified term of service by commissions and box rents, as shown by the registered returns of each former post­ A bill ( S. 4551) granting an increase of pension to Isaac master on file in the Sixth Auditor's Office, and to show the exact Wharton (with accompanying papers) ; excess of the salary by commissions and box rents over the salary paid A bill (S. 4552) granting an increase of pension to Austin B. in every case where the paid salary is 10 per cent less than the salary by box rents and commissions ; and to comply in all respects with the • Wells (with an accompanying paper) ; public order of the Postmaster-General of February 17, 1884, for stating A bill (S. 4553) granting an increase of pension to Daniel such salary accounts of former postmasters under the act of March Tracy (with an accompanying paper) ; 3, 1883 ; and to enable the Secretary of the Treasury the better to comply with this resolution the Postmaster-General is hereby directed A bill (S. 4554) granting an increase of pension to James B. to turn over to the Sixth auditor1 all the data now in his hands per­ Atkinson (with accompanying papers); and taining to each and every such claim. A bill (S. 4555) granting an increase of pension to James P. The VICE-PRESIDENT. Is there objection to the present Mcclintock; to the Committee on Pensions. consideration of the resolution? A bill ( S. 4556) for the relief of Louis F. Brooks; Mr. KEAN. Are not those what are known as "the Spald­ A bill ( S. 4557) for the relief of Frederick A. Holden; ing claims?" A bill (S. 4558) for the relief of the estate of Edward Naret, Mr. LODGE. The object of the resolution is simply to get deceased; information in regard to certain postmasters' claims. It does A bill ( S. 4559) for the relief of Fredericca Kimmerling; not commit the Senate to anything. . A bill (S. 4560) for the relief of the heirs of A. G. Hoyman, Mr. KEAN. If it does not commit the Senate, I am not op- · deceased; posed to it. A bill (S. 4561) for the relief of Alexander P. Hart, heir of The resolution was considered by unanimous consent and Joseph Hart, deceased; and agreed to. A bill (S. 4562) for the relief of the estate of Francisco Mon­ CLAIMS OF POSTMASTERS IN MISSISSIPPI. toya; to the Committee on Claims. A bill ( S. 4563) for the relief of John H. Snyder; and Mr. MONEY submitted the following resolution ( S. Res. A bill (S. 4564) for the relief of Maj. James M. Burns, U. S. 103), which was ordered to lie on the table and be printed: Army, retired (with an accompanying paper); to the Committee Senate resolution 103. Resolved, That the Secretary of the Treasury be, and he is her eby, on Military Affairs. directed to have audited and reported for payment to the Senate t he By Mr. STEPHENSON: salaries of those who served as postmasters at post-offices in t he State A bill (S. 4565) granting an increase of pension to Frank of Mississippi in biennial terms between .July 1, 1864, and June 30, 187 4, wbose names and periods of service appear in applications be­ A. Couts (with accompanying papers); to the Committee on fore 1887 on file in the department, the salary of each former post­ Pensions. master to be stated for each specified term of service by commissions By ~Ir. FLINT: and box rents as shown by the registered returns of each former post­ master on file in the Sixth Auditor's Office, and to show the exact A joint resolution ( S. J. R. 54) to restore the status of the excess of the salary by commissions and box rents over the salal'y First Battalion Mountaineers, California Volunteers, who paid in every case where the paid salary is 10 per cent less than t he served during the late war of the rebellion; to the Committee salary by box rents and commissions ; and to comply in all respects with the public order of the Postmaster-General of F ebruary 17, 1884, on Pensions. for stating such salary accounts of former postmasters under the act CITY PLANNING. of March 3, 1883 ; and to enable the Secretary of the Treasury the better to comply with this resolution, the Postmaster-General is hereby Mr. GALLINGER. Mr. President, I have notes of a hearing directed to turn over to the Sixth Auditor all the data now in his held before the Committee on the District of Columbia on the hands pertaining to each and every such claim. 1st day of June last on the subject of city planning. I also, MESSENGER TO MINORITY. in connection with the notes referred to, append certain docu­ ments relating to the same subject. I move that the papers Mr. MONEY submitted the following resolution ( S. Res. be referred to the Committee on Printing. 109), which was referred to the Committee to Audit and Con­ The motion was agreed. to. trol the Contingent Expenses of the Senate: Senate resolution 109. TRADE STATISTICS. Resolved, That the committee on conference of the minority be, and ts hereby, authorized to employ a messenger, at a salary of $1,440 per lrir. LODGE. I ask for a reprint of Senate Document No. annum, to be paid out of the contingent fund of the Senate. 197, Sixty-first Congress, second session, being an article by Mr. J. Ellis Barker on "101 Points Against Free Trade." CLADIS OF POSTMASTERS IN NORTH DAKOTA. There being no objection, the order was reduced to writing Mr. McCUMBER submitted the following resolution ( S. Res. and agreed to, as follows : 108), which was referred to the Committee on Post-Offices and Ordered, That Senate Document No. 197, Sixty-first Congress, second Post-Roads: session, entitled "101 Points Against Free Trade," be reprinted. Senate resolution 108. Resolved, That the Secretary of the Treasury be, and he is hereby, THE MERCHANT MARINE. directed to have audited and reported for payment to the Senate the Mr. SHIVELY. .Mr. President, I hold in my hand a com­ salaries of those who served as postmasters at post-offices in the State of North Dakota in biennial terms between July 1, 1864, and June 30, munication by John Bigelow to the Civic Forum of New York 1874, whose names and periods of service appear in applications before City, in reply to an invitation by that body to attend its an­ 1887 on file in the department, the salary of each former postmaster to nual municipal dinner and address those present. The commu­ be stated for each specified term of service by commissions and box rents as shown by the registered returns of each former postmaster on nica tion relates to our internal industry and commerce and file in the Sixth Auditor's Office, and to show the exact excess of the merchant marine. I ask the unanimous consent of the Senate salary paid by commissions and box rents over the salary paid in every that the communication be printed as a Senate document. case where the paid salary is 10 per cent less than the salary by box rents and commissions; and to comply in all respects with the public The VICE-PRESIDENT. Without objection, the request of order of the Postmaster-General of February 17, 1884, for stating such / the Senator from Indiana will be granted (S. Doc. No. 210). salary accounts of former postmasters under the act of March 3, 1883 ; 254 CONGRESSIONAL RECORD-SENATE. DEOEJ\IBER 20, and to enable the Secretary of the Treasury the better to comply with Senate that contracts for the cutting of such burned timber on the Bad this re olution, the Postmaster-General is hereby directed to turn over River and Lac Court d'Oreilles reservations as will become valueless if to the Sixth Auditor all the data now in his hands pertaining to each left standing should be approved in cases where the cutting is to be and every such claim. done by or for the authorized contractor. D. M. CARMAN. THE TARIFF. 1\Ir. BURROWS. I submit a resolution and ask for its pres­ l\fr. DEPEW. I ask that the President's message be laid be­ ent consideration. fore the Senate. The resolution ( S. Res. 107) was read, as follows: The VICE-PRESIDENT. The message of the President will Senate resolution 107. be laid before the Senate for consideration. Resolved, That the Secretary of the Treasury be, and he is hereby, Mr. DEPEW. Mr. President, the message of the President directed to furnish the Senate with copies of the correspondence be­ tween D. :M. Carman, of Manila, or Ws attorney, and the Auditor for the of the United States, communicated to the two Houses of Con­ War Department and the Comptroller of the Treasury (including corre­ gress at the beginning of the second session of the Sixty-first spondence with the Quartermaster-General of the United States Army) Congress, on the 7th of the present month, concluded as follows: from the 2d day of May1 in the year 1906, in regard to the claim of the Speaking generally, the country is in a high state of prosperity. said Carman, known as ' claim No. 184973 " in the office of the Quarter­ There is every reason to believe that we are on the eve of a substan­ master-General, for the cost of repairing damages to 10 cascos sus­ tial business expansion, and we have just garnered a harvest unex­ tained while in the service of the Quartermaster's Department in the ampled in the market value of our agricultural products. The high Philippines in the year 1900. prices which such products bring mean great prosperity for the farm· The VICE-PRESIDENT. The resolution will be referred to ing community, but on the other hand they mean a very considernbly increased burden upon those classes in the community whose yearly the Committee on Claims. compensation does not expand with the improvement in busine s and l\fr. KEAN. I think there is a mistake in regard to the refer­ the general prosperity. Various reasons are given for the high prices. ence of the resolution. The proportionate increase in the output of gold, which to-day is the chief medium of exchange and is in some respects a measure of value, Mr. BURROWS. It calls for information from the Treasury furnishes a substantial explanation of at least part of the increase in Depru.·tment. It does not need to be referred to a committee. prices. The increase in population and the more expensive mode of The VICE-PRESIDENT. The resolution will lie on the living of the people, whlch have not been accompanied by a propor­ tionate increase in acreage production, may furnish a further reason. table. It is well to note that the increase in the cost of living is not confined Mr. BURROWS. I ask that it may be passed. to this country, but prevails the world over, and that those who would The VICE-PRESIDENT. The Chair did not understand the charge increases in prices to the existing protective tariff must meet the fact that the rise in prices has taken place almost wholly in those Senator from Michigan to request its present consideration. products of the factory and farm in respect to which there has been Mr. BURROWS. I asked for its present consideration. either no increase in the tariff or in many instances a very considerable The VICE-PRESIDENT. Is there objection to the present reduction. consideration of the resolution? Notwithstanding this clarion note of satisfaction and hope Mr. SMOOT. The resolution does not carry an appropria- from President Taft, who speaks with authority from a recent tion? visit to nearly all parts of the country, and from the reports Mr. KEAN. Not at all; it is only for information. of officers of the Government in close touch with every depart­ l\fr. BURROWS. It merely calls for information. ment of American industry, production, and finance, the country The resolution was considered by unanimous consent and is burdened by an unprecedented amount of pessimistic prophecy agreed to. in relation to our future. We are told that the tariff which CLAIMS OF POSTMASTEllS IN MAINE. passed at the close of the exh·a session in August last has Mr. FRYE submitted the following resolution (S. Res. 104), raised the price of the necessaries of life, and is essentially which was ordered to lie on the table and be printed: a measure for revision upward instead of downward. The daily and weekly press and the magazines are filled with Senate resolution 104. articles predicting a failure in the near future of our food R esoZ-ved, That the Secretary of the Treasury be, and he is hereby, directed to have audited and reported for payment to the Senate the and fuel supplies. This feeling of pending peril is also salaries of those who served as postmasters at post-offices in the State voiced in the coordinate branch of this Congress. Such viewe of Maine in biennial terms between July 1, 1864, and June 30, 1874, are most untimely on the eve of Christmas. They makQ whose names and periods o! service appear in applications before 1887 on file in the department, the salary of each former postmaster to be melancholy those choicest days of the year, the holiday season. stated for each specified term o! service by commissions and box rents I desire therefore to spread upon the record, if I may, a few as shown by the registered returns of each former postmsater on file in beams of sunshine, and to prove, which I think can easily be the sixth auditor's office, and to show .the exact excess of the salary by commissions and box rents over the salary paid in every case where done, that the American people have before them as merry a the paid salary is 10 per cent less than the salary by box rents and Christmas as has ever fallen to their lot. commissions ; and to comply in all respects with the public order of I am in receipt of the Christmas number of the magazine of the Postmaster-Genernl of February 17, 1884, for stating such salary accounts of former postmasters under the act of l\Iarch 3, 1883 ; and the distinguished Senator from Wisconsin. He has an advan· to enable the Secretary of the Treasury the better to comply with this tage over his colleagues in having two organs, the CoNGRES­ resolution, the Postmaster-General is hereby directed to turn over to the SIONAL RECORD and the La Follette Magazine. The rest of us sixth auditor all the data now in his hands pertaining to each and can appeal to the people only through the RECORD, to which all every such claim. have access, while he has equal opportunities in the official MARY B. CHURCH. publication and owns and holds the key to his journal. His Mr. KE.AN submitted the following resolution (S. Res. 111), holiday greetings are severe criticism for the President and which was referred to the Committee to Audit and Control the myself. I thank him heartily for the great honor of this as­ Contingent Expenses of the Senate: sociation. In wafting to the Senator and editor the good Senate resolution 111. wishes of the season, I trust that when, after his Christmas Resol-v ed That the Secretary of the Senate be, and he is hereby, dinner, his hands are clasped soothingly over the resting place authorized'and directed to pay to Mary R. Church, daughter of Alonzo W Church late clerk to superintendent of document room of the United of his Christmas turkey, his sleep will be blessed with happy States Sen'ate, a sum equal to six months' salary at the rate he was dreams for 1912, and his digestion unimpaired because his heart, receiving by law at the time of bis demise, said sum to be considered like mine, will be free from envy, hatred, malice, and all un- as including funet;"al expenses and all other allowances. charitableness. • LOUISA L. DAVIS, Now as to the tarifi'. The problem which Congress had prl· Mr. KEAN subimttted the following resolution (S. Res. 110), marHy to face in framing the tariff bill was to find additional which was referred to the Committee to Audit and Control the revenues sufficient to meet the deficiency in the Treasury. After Contingent Expenses of the Senate: five months of exhaustive examination by experts in the govern­ ment service, by testimony from manufacturers, merchants, and Senate resolution 110. people interested in every department of American industry, the R esolved, That the Secretary of the Senate ?e, B;nd he is h~rebr, authorized and directed to pay to Louisa L. Davis, widow of BenJamm tariff bill was perfected and became a law. F Davis, late a messenger of the United States Senate, a sum equal to After the House of Representatives and the Senate had acted six months' salary at the rate he was receiving by law at the time of and the differences between them were in conference, the con­ his demise, said sum to be considered as including funeral expenses and all other allowances. ferees appealed to the President. l\Ir. Taft at once took up all the questions involved with that thoroughness, impartiality, and INDIAN LANDS IN WISCONSIN. candor which made him one of the best judges in our judicial Mr. LA FOLLET'".rE submitted the following resolution history. The tariff bill has been viciously assailed, and its ( S. Res. 106), which was referred to the Committee on Indian provisions have been subject to more glaring misrepresentations Affairs: than any other .enactment in this generation. The same tactics Senate resolution 106. were employed by Democrats, free traders, revenue theorists, and Resolved, That Senate resolution No. 263, Sixtieth Congress, second disgruntled Republicans against the McKinley bill when it was session, be modi.fled in so far as it requests the Secretary of the Interior to suspend the making or approval of contracts for the cutting o! enacted in 1890. The elections came before the practical work­ timber of Wisconsin Indians to the extent that it .is the sense of the ings of the measure could demonstrate the falsity of these at· 1909. CONGRESSIONAL RECORD-SENATE. 255

tacks, and the Democrats elected a President and both Houses not been a penny's increase in this tariff, either in wool or in of Congress. Their first effort was to revise the tariff, and the the cloth. The cloth in a $12 suit costs $3, and the duty on the result was what is Jmown as the Wilson-Gorman bill. Follow­ wool would be 75 cents. The cost of the cloth in a $20 suit is ing its passage and the effect it had upon American industries $5, and the duty on the wool is $1.25. As there has been no and labor, we had one of the most severe panics in our history. increase this year in wages, rentals, buttons, thread, and other Out of this distress came the triumph of McKinley, with a things which make up a suit of clothes, it is evident that if an majority in both Houses and the passage of the Dingley bill, advance is made it must be an additional profit to the manufac­ under which we haYe liYed and prospered since 1897. turers and retailers of ready-made clothes. The reduction on During that period there was an increase in the value of boots and shoes will amount to from 30 to 50 cents a pair to American manufactures of over twelye hundred millions of dol­ the manufacturer. lars, and an increase in the number of workers in every depart­ Of the $15,000,000 of additional revenue gained from the in­ ment of American industry from 26,350,000 to 34,000,000. The crease of tariff duties upon liquors and luxuries, about one-half extraordinru.·y feature of this is that under our economic system is lost again in the reduction of the tariff from the present we have been able to find remunerative employment for this rate upon the necessaries of life. But when we add to the addi­ addition of 7,650,000 who required employment at paying wages. tional revenue upon these articles the nearly $10,000,000 more There has been an increase during the same period of 50,000 which is to come from tobacco, and from $25,000,000 to $30,- manufacturing establishments, working in 368 different indus­ 000,000 which is to come from the corporation tax, and the still tries, offering employment in new industries developed by pro­ additional income which will come from prosperity and greater tection which did not exist when the Dingley bill was enacted. purchasing powers, our revenues will be in excess of expendi­ The increases in the new tariff are almost entirely in lux­ tures and the Government on " Easy street." . uries. The increase in alcoholic compounds, toilet preparations, If we are to retain the protective system, with its underlying and the like will yield an additional reYenue of $200,000; high­ principle of maintaining American industries and the American grade glass, $150,000; automobiles, bullion, metal tlu·eads for standard of wages and employment for American workingmen, fancy ornamentations, pearl-handled knives, and things of that and have markets for our ever-increasing productive power, description, $100,000; hops, figs, imported dates, and grapes, this Taft-Payne-Aldrich law is the fairest, the most equitable, $500,000; the spirit and wine schedule, including champagnes and the most beneficent tariff bill which has been passed in our and imported liquors, $4,000,000. The only increase in cotton was history. It will have had :fifteen months of operation before a upon very high-grade goods, and this will yield $200,000 addi­ general election, and in that timewill have demonstrated its value, tional. There will be $500,000 additional gathered from high­ There has been an increase in the cost of living during the last grade manufactures in flax, hemp, and jute, and about $200,000 ten years. The same thing is true in all highly organized indus­ in the increase on the finest silks. There will be about $150,000 trial countries. There has been little increase in the cost of cloth­ additional from an increased duty on cigar labels and embossed ing or rentals, and none in transportation. The increase has been paper and ornamental things of luxury made from paper. There mainly in the cost of food, which makes up so large a propor­ will be $2,000,000 additional growing out of the increased tariff tion of the expense of a family averaging five or more members. on ostrich feathers, imported ornaments, hat ornamentations, Wheat was selling at the time of the enactment of the Mc­ and articles of personal adornment which only the rich can buy Kinley bill at 65 cents a bushel. It now brings $1.20 at the and use. On all these articles, which do not enter at all into farmers' doors. Corn . was_ selling then at 15 cents a bushel common c

set his seal of approval upon the law as revising downward ac­ tion can. not be reversed. Reforestization will be conducted cording to party pledges and popular expectation, they must on a large scale, and in the older sections of the country there necessarily, while still opposing the measure, include President is a care of trees never known before, and interest with Taft in their criticism and denunciation. education concerning them is constantly growing. Germany We of the majority, marching under the leadership of our and Switzerland find their wood supply sufficient for their President, have no eArplanations to make, because we know the needs because of scientific conservation and cutting. With an beneficent results which have already been experienced and be­ adaptation of the methods which have proven successful in lieve that greater will follow. The operations of the new tariff these old countries by our own Forest Service, the danger which / law will be the most eloquent speech which could be delivered was seriously threatening us twenty years ago has beeri - , in its behalf and in justification of our votes. But our in­ averted. We have to-day more merchantable timber, propor­ surgent friends must explain and, so long as their critical atti­ tionate to the population, than either Germany or Switzerland tude is unchanged, keep on explaining why they are more or France. We. not only have entered upon, but have developed intelligent, more Yirtuous, and more public spirited than the an intelligent forest service. It is fiercely fought by lumbermen, official leader of their party and the great majority of their who wish to make all there can be in a single generation, ·and political associates in the two Houses of Congress. by politicians in the States where the forest reserves are The difference between my insurgent friends and the major­ mainly located, but the fact that these forests are among the ity is that, while they were the largest contributors to the best, the most productive, and the most beneficent assets of the 9,776,000 words in the tariff speeches in the CONGRESSIONAL whole people of the United States is becoming so well under­ RECORD and contributed hardly a line to the tariff law, we who stood that no administration and no party can survive an at­ supported the bill stayed in the kitchen with the cook and tempt to invade these rights. know exactly not only the ingredients, but the amount of each Now, as to the food supply. The same fears have been com­ and the time required for perfection in the coo1.."ing of a cake mon in Great Britain and on the Continent for three hundred which will be enjoyed this Christmas by the whole American years, but each generation has found the means to live better people, and the cake will be larger and richer with each recur­ than its predecessor. Invention. and machinery applied to ring anniversary. manufactures not only saved agricultural England from star­ With the passage of the new tariff bill, we enter upon a vation when its farmers failed to produce enough to feed one­ period of prosperity unknown in the history of this or any other tenth of the population, but it drew from other countries a bet­ country. From results gathered by careful examinations all ter and more varied food supply than the people had ever over the country, there will be an increase in the produd;ion of lmown before, and enabled the artisans to lirn upon a higher winter wheat, spring wheat, corn, oats, barley, and rye in ·1909 scale of comfort than their brethren who worked in the field. over 1008, in round numbers, of one thousand one hundred and Soon after the Franco-Prussian war Bismarck, in a conver­ sixty-nine millions of bushels, or 27 per cent, and that 27 per sation with a friend of mine, said that the peril of Germany cent increase is in comparison with a normal year. There will was the German cradle; that the increase in population was be an increase in the hay crop in the same period of over three much more rapid than the possibilities for employment or the and a half millions of tons. The following summary of crop production of food; that there would be a most perilous con­ reports, not including cotton, will give some idea of the situa­ gestion unless territories could be won for colonization. That tion: view was entertained by most of the statesmen and political economists of Germany at that time. Germany, under this belief, annexed a large portion of the continent of Africa and 1908. 1909. Difference. Per cent. put the Monroe doctrine in imminent danger by encroachment upon American territory in South America. The present Em­ Bushels. Bushels- Bushels. peror developed another policy. It was to stimulate manufac­ Winter wheat ...... 437' 908, 000 451, 175, 000 13, 267, 000 3 tures, intensify agriculture, and promote by every species of Spring wheat ...... 226, 694., 000 301, 427, 000 74, 733, 000 33 Corn ...... 2, 668, 651, 000 3, 419, 287' 000 750, 636, 000 28 .goyernment aid foreign commerce. The result has been that Oats ...... 807, 093, b98 1, 119, 061, 000 311, 967, 102 38 in thirty years Germany, ~ith more than double her popula­ Barley ...... 166, 756, 000 183, 431, 000 16, 675, 000 10 tion, is supporting them better than at any previous period in Rye ...... 31,851,000 33,443,000 1,592,000 5 her history. Total...... 4, 338, 953, 898 5, 507, 824, 000 1, 168, 870, 1021--27- The wastefulness of our people is simply a weakness of our Hay...... 70, 862, 596 74, 441, 14.6 3, 578, 000 5. 5 common human nature. Very few of us will work except under the spur of necessity. It is a rare man or woman who loves When we take into consideration the prices which this enor­ work for its owri sake. Few of us will endure continuing mous product of five thousand five hundred millions of bushels hardships or privations to accumulate property. Live to-day is bringing, which will all be additional riches from the soil, the and let to-morrow care for itself is the general practice. When imagination is appalled at the new wealth which is to come to our transportation system by rail and water became perfected, the country. To absorb and pay for this vast production the it brought about the following results: We had an enormous mills must be running, the factories on full time, the mines area of unoccupied productive land belonging to the Govern­ opened, and the transportation companies crowded with freight. ment. To earn a living, educate the children, and pay taxes This tariff is the efficient instrument to- bring about these results. upon a farm in the older States which cost from $60 to $100 · I have been a close student of industrial conditions in the an acre became difficult. Conditions which would have been United States and other countries for more than fifty years. luxurious for a farmer in Europe called for unaccustomed work I have read with much interest the alarming opinions given. by and privations from us. The sons and daughters of the farmers able men in regard to future conditions in the· United States on found that they could move cheaply to new lands, upon which, food and fuel supplies. There seems to be a consensus of judg­ with less exertion, they could raise more than their fathers did ment among these gentlemen that unless very radical measures on the old homestead, while their interest charge was on $1.60 are taken by the Government, the States, and the people gen­ an acre instead of $100, and their ta:s:es proportionately less. erally our situation at the end of the next fifty years will be The sons also found that they could get their products to deplorable. My investigations, observations, and experience market from their practically free farms almost as cheaply as lead me to oppo ite conclusions. The country was never so their fathers could in the older States. There was no spur prosperous in every way as it is to-day, and we will be able to of necessity to learn or to practice scientific agriculture, be­ meet the needs of an increasing population in the future as we cause the opportunities for emigration and settlement could be have steadily done .in the past. The greatest fear of these endlessly repeated. writers is the exhaustion of our natural resources, the Free land is now practically exhausted; therefore, say our wastefulness of our agriculture, and the end of our coal and pessimistic philosophers, the perils of failure of occupation and iron. The anthracite coal deposits will undoubtedly be used of food supply are imminent. Modern history demonstrates up within the next sixty to seventy-five years, but there is no that, given the conditions of a free people, each generation finds limit to the bituminous. The enormous resources .of Alaska means for taking care of itself. In other words, improved have not yet been touched, and mining has only scratched great methods rarely precede their necessity, but accompanying the veins in many of the States and Territories. While the pessi­ narrowing of free acreage has come the enlargement of the mist says that our coal will last only one hundred years, I read work of the Agricultural Department at Washington, the es­ recently a very complete analysis of our possibilities from sci­ tablishment of experiment stations by the States, and the dis­ entific geologists and coal experts which put the limit at three tribution of agricultural schools and colleges all over the thousand years. If it is only a thousand we need not worry. country. If our forests had been destroyed at the rate of timber cut­ A friend of mine, a railroad man, looking forward to retire­ ting prior to fifteen years ago, the predictions of the alarmists ment from the hard work of his profession, bought a farm in would have been realized, but the present policy of conserva- Iowa: The ancestor of the owner received it from the Govern· 1909. CONGRESSIONAL RECORD-SENATE. 2571

ment at a dollar and sixty cents an acre. He had his own the progress of science and the effect of its discoveries upon living and that of his family out of the farm, and with its pro­ our agricultural development. When natural supplies for re­ ceeds brought up, educated, and started in life his children. cuperation and reclamation of the soil were becoming scarce The son who took the farm for his portion repeated the same and too dear for profitable application science discovered thing, only he had to work harder and had to replenish the the possibilities of producing marketabl~ nitrogen in unlimited exhaustion of the soil. The grandson did the same thing, but quantities from the air. We are as yet in the infancy of electrical neither lived so freely nor had so much leisure as his father transmission, but there are ·stored in the Sien·as, the Rockies, or his grandfather; but while he had to work harder he also the Alleghenies, the White and the Green mountains limitless worked far more intelligently than either. He made up his water powers for the creation of electricity. Every year the mind to retire, and sold his farm for considerably over $100 extent to which it can be productively and practically trans­ an acre. The magazine writer on railroads would call . this in­ mitted is extended. It is now within the bounds of practical crement on the land an outrageous watering of the stock if it application to largely supersede the use of coal for manufactur­ had come to a pioneer in railway construction. Now, the rail­ ing, house heating and housekeeping, and the operation of rail­ road man who was brought up on the farm and went from the ways and steamships. plow to the train dispatcher's office, and from there to the The Reclamation Service of the United States is, by storage presidency of a great system, will apply to that farm the scien­ reservoirs and· the distribution of water through dit.ches, mak­ tific methods which are at the convenience of eYery farmer of ing the great American desert which was the bugaboo of our the country from the Agricultural Department and the agri­ youth the garden of the country. Four millions of acres of cultural stations and make it produce twice as much as it ever reclaimed desert, making families rich on 40 acres in the farm, did before. If the owner had remained in possession, increasing because of the productiveness of the soil under scientific cul­ taxes and their burdens would have stimulated him to do the tivation, make every one of those farms a stimulating univer­ same thing. sity and agricultural school for the farmers of the whole counh·y. In the philosophy of life an enormous majority of people re­ Sixty million additional acres will soon be offered to the quire the spur of necessity before they acquire habits of indus­ people. The increase of domestic demand has, up to date, try or their ambition is aroused. We as yet, happily, have been so much greater year by year than the proportionate not felt the prick of the spur to any appreciable e+tent. output of the farms that if continued for a few years we would I was through the West in 1894 when from overproduction change from one of the largest exporting nations to an import­ and other causes all the products of the farm were selling for ing nation of food products. Yet scientific farming and new less than cost. Now the farmers are richer than eyer in our areas of desert, made fertile by the Reclamation Service, and experience, with fewer mortgages and more money in the banks, other areas made profitable by the .suggestions of the Agricul­ because industrial conditions create a demand which is re­ tural Department and the experiment stations of the States, sponded to in prices. will stimulate production to such an extent as to postpone in­ - In going through France this summer I was impressed more definitely the period when the United States. will cease to be than ever before with the Frenchman's utilization of every foot self-sustaining in its own supply of food. Information has come of ground. There is no idle soil. The French farmer is the to me of what one man accomplished who bought a farm which banker of Europe. He has loaned to Russia a thousand mil­ had been practically abandoned in northern New York, near the lions of dollars and enormous sums have come from his stock­ Canadian line. After he had put his farm in productive condi­ ings and gone into government and municipal securities and tion he raised last year 354 bushels of potatoes to the acre, 50 promotions in Algeria and the French colonies. Start from bushels of shelled corn, 35 tons of beets, and 4 tons of hay. New York and ride by. daylight to Washington, and then by This production equals any on the best farm in the fertile West. daylight again on to Jacksonville, Fla., and so on to Key West, If the same processes were extended over the State, New York and one will see idle land and agricultural opportunities enough would resume her old place as foremost in agriculture among tlle to support, under proper care and cultivation, a population as States. This experiment can be indefinitely repeated. Equally large as that of the Middle States. The reason that land is not intelligent operations in the old as well as the new States will occupied and made as productive as the farms of France is be­ keep us in the lead as a food-exporting nation and present op­ cause no necessity has yet arisen. No demand has come from portunities of feeding five hundred millions of people when the market which would induce the immigrant to settle, work, our population has :reached that figure. Reckless cutting of study, and economize. Belgium is the most thickly populated timber off the Appalachian Mountains is destroying our supply country in the world. Her agriculture is infinitesimal in pro­ of hard wood, and, by floods and erosions caused by denuding portion to her needs, and yet her food supply is sufficient to her the hills, carrying $30,000,000 worth of farms into the rivers wants. Our farmers are getting more and more a way from the and ocean every year. Ten millions of dollars, the price of a hand-to-mouth methods which were sufficient for their fathers, battle ship, would make a forest reserve of these mountains and we will progress in making the partially abandoned farms and save these farms. A bill to accomplish this has pa!!sed tile productive and better ones more productive as there is a paying Senate three times aml has always been defeated in the House of demand for their products. But we must remember that there Representatives becanse, apparently, farms were so cheap and is in Canada an area of wheat lands developed by railways plenty as yet that tL t; House of Representatives saw no neces­ almost as large as the wheat lands of the United States. The sity of appropriating $10,000,000 to purchase the forests and process which I have mentioned that carried the sons of our then administer them under scientific conditions where they farmers to our own government lands is carrying them rapidly would support themselves and thus sa-ve $30,000,000 worth of across the border to the Canadian fields. farms a year. We have not as yet an intelligent comprehension of the future Some two and a half millions ot new acreage goes under productive possibilities of South America. The Argentine Re­ cultivation this year. Our farms will add in the coming vear pu!Jlic, with an area one-:third as large as the United States to the wealth of the country in the neighborhood of nine thou­ and enormously productive, has a population of only about sand millions of dollars. There is now on deposit in the banks se;-en millions of people, but is rivaling us in supplying of the United States in round numbers thirteen thousand six: Great Britain with wheat and beef. Brazil, with an area as hundred millions of dollars, belonging to 25.000,000 of deposit­ large as the United States and a population of about twenty ors. Of these, 6,000,000 are depositors in the savings banks, millions, possesses agricultural opportunities sufficient to be­ with fifteen hundred millions to their credit. Uncle Sam on come the granary almost of the world. South and Central this Christmas can smoke his pipe in peace and, while serenely America have an area possessing enormous productive power surveying the future, ·felicitate himself and congratulate the more than twice as large as the United States, and their re­ people upon the happy conditions of the present and our bril­ sources have not yet attracted immigration to any considerable liant prospects for the future. extent. Mexico, with an area of one-third of the United States, and capable of producing everything grown in the temperate MESSAGE FROM THE HOUSE. and tropical zones, has a population of only fifteen millions. A message from the House of Representatives, by Mr. w. J. American capital and enterprise, ha vi:ng the assurance of a Browning, its Chief Clerk, announced that the House had stable government under Diaz, are building a network of rail­ passed the following bill and joint resolution, in which it re­ ways through the country which will enormously stimulate im­ quested the concurrence of the Senate: migration and production. H. R. 14565. An act to amend an act entitled "An act to These suggestions of .Mexico, South America, and Canada are amend an act to authorize the city of St. Louis, a corporation the reserves of food supply when the United States becomes, organized under the laws of the State of Missouri, to consh·uct like Great Britain, more a workshop than a farm. But our a . bridge across the Mississippi Riyer," approved January 9, alarmists leave out of account in their fearsome calculations 1909; and XLV-17 CONGRESSIONAL RECORD-SENATE. DECEMBER 20,

H.J. Res. 83. Joint resolution authorizing a portion of the ap­ Henry Lane Wilson, of Washington. now enVDy extraordi­ propriation made for the improvement of Tennessee River to be nary and minister plenipotentiary to Belgium, to be ambassador cpified to work at the Colbert and Bee Tree Shoals OanaL extraordinary and plenipotentiary of the United States ot HOUSE JOINT RESOLUTION SIGNED. America to Mexico, vice David E. Thompson, resigned. The message also announced that the Speaker of the House MINISTERS. had signed the joint resolution (H. J. Res. 84) to pay the of­ William James Calhoun, of Illinois, to be envoy extraordi­ ficers and employees of the Senate and House of Representa­ nary and minister plenipotentiary of the United States of Amer­ tives their respective salaries for the month of December, 1900, ica to China, vice William Woodville Rockhill, appointed am­ on the 20th day of said month, and it was thereupon signed by bassador extraordinary and plenipotentiary to Russia. the Vice-President. Charles Page Bryan, of Illinois, now envoy extraordinary and REPRESSION OF TRADE L~ WHITE WOMEN. minister plenipotentiary to Portugal, to be envoy extraordinary and minister plenipotentiary of the United States of .A.inerica to The VICE-PRESIDENT laid before the Senate the following Belgium, vice Henry Lane Wilson, nominated to be ambassador message from the President of the United States (S. Doc. No. extraordinary and plenipotentiary to Mexico. 214), which was read, and, with the accompanying papers, re­ Henry P. Fletcher, of Pennsylvania, now secretary of the ferred to the Committee on Foreign Relations and ordered to be legation at Peking, to be envoy extraordinary and minister printed: plenipotentiary of the United States of ·.America to Chile, vice To the Senate: Thomas C. Dawson. In answer to the following resolution- Henry T. Gage, of California, to be envoy extraordinary and Resolvea, That the President of the United States be requested to minister plenipotentiary of the United States of America to inform the Senate. if not incompatible with the public interest. as to what action, it any, has been taken under the treaty ratified March 1, Portugal, vice Charles Page Bryan,· nominated to be envoy, 1905, for the repression of the trade in white women, and what pro­ extraordinary and minister plenipotentiary to Belgium. vision has been made for the carrying out ot said treaty, R. S. Reynolds Hitt, of Illinois, now secretary of the embassy I beg to transmit a letter from the Secretary of State and at Berlin, to be envoy extraordinary and minister plenipo-­ correspondence between him and the Department of Commerce tentiary of the United States of America to Panama, vice Her­ and Labor on the subject. bert G. Squiers, resigned. WM. H. TAFT. · Jo~ B. Jackson, of New Jersey, now envoy extraordinary. THE WHITE HOUSE, December 20, 1909. and minister plenipotentiary to Persia, to be envoy extraordi­ nary and minister plenipotentiary of the United States of Amer­ AFFAIRS IN AUSTRIA-HUNGARY IN 1848 AND 1849. ica to Cuba, vice Edwin V. Morgan, nominated to be envoy The VICE-PRESIDENT laid before the Senate the following extraordinary and minister plenipotentiary to Paraguay and message from the President of the United States (S. Doc. No. Uruguay. 215), which was read, and, with the accompanying papers, re­ Fenton R. Mccreery, of Michigan, now minister resident and ferred to the Committee on Foreign Relations and ordered to be consul-general ·to the Dominican Republic, to be envoy extraor­ printed: dinary and minister plenipotentiary of the United States of To the Senate: America to Honduras, vice Philip M. Brown, nominated to be In response to the resolution of the Senate of the 7th instant, secretary of the embassy at Mexico. requesting the President- Edwin V. Morgan, of New York, now envoy extraordinary to transmit to the Senate, if not incompatible with the public interest, and minister plenipotentiary to Cuba, to be envoy extraordi­ the reports of Ambrose Dudley Mann, made during the years 1848 and nary and minister plenipotentiary of the United States of Amer­ 1849, in regard to affairs in Austria-Hungary, ica to Paraguay and Uruguay, vice Edward 0. O'Brien, re­ I transmit herewith a letter from the Secretary of State, signed. from which it appears that copies of the papers referred to Charles W. Russell, of the District of Columbia, now Assist­ were transmitted to the Senate by the President·of the United ant Attorney-General of the United States, to be envoy extraor­ States on March 28, 1850 (S. Ex. Doc. No. 43, 31st Cong., dinary and minister plenipotentiary of the United States of 1st sess.), in compliance with a resolution of the Se~ate dated America to Persia, vice John B. Jackson, nominated to be envoy March 22, 1850. extraordinary and minister plenipotentiary to Cuba. WM. H. TAFT. Laurits S. Swenson, of Minnesota, formerly envoy extraordi­ THE WHITE HOUSE, December 2q, 1909. nary and minister plenipotentiary to Denmark, to be envoy ex­ traordinary and minister plenipotentiary of the United States HOUSE BILL AND JOINT RESOLUTION BEFEBREil. of America to Switzerland, vice Brutus J. Olay, resigned. The following bill and joint resolution were severally read MINISTER AND CONSUL-GENERAL. twice by their titles and referred to the Committee on Com­ merce: Horace G. Knowles, of Delaware, now envoy extraordinary H. R. 14565. An act to amend an act entitled "An act to and minister plenipotentiary to Nicaragua, to be minister resi­ amend an act to authorize the city of St. Louis, a corporation dent and consul-general of the United States of America to the organized under the laws of the State of Missouri, to con­ Dominican Republic, vice Fenton R. Mccreery, nominated to struct a bridge across the Mississippi River," approved Jan­ be envoy extraordinary and minister plenipotentiary to Hon­ uary 9, 1909. duras. H.J. Res. 83. Joint resolution authorizing a portion of the AGENT A.ND CONSUL-GENERAL. appropriation made for the improvement of Tennessee River Peter Augustus Jay, of Rhode Island, now secretary of the to be applied to work at the Colbert and Bee Tree Shoals embassy at Tokyo, to be agent and consul-general of the United Canal. States of America at Cairo, Egypt, vice Lewis M. Iddings, EXECUTIVE SESSION, resigned. Mr. ALDRICH. I move that the Senate proceed to the con­ SECRETARIES OF EMBASSIES. sideration of executive business. The motion was agreed to, and the Senate proceeded to the Philip M. Brown, of Massachusetts, now envoy exb·aordinary consideration of executive business. After twenty minutes and minister plenipotentiary to Honduras, to be secretary of spent in executive session the doors were reopened, and (at 1 the embassy of the United States of .America at Mexico, vice James G. Bailey. o'clock and 30 minutes p. m.) the Senate adjourned until to­ Henry L. Janes, of Wisconsin, now secretary of the embassy morrow, Tuesday, December 21, 1909, at 12 o'clock meridian. at Rio de Janeiro, to be secretary of the embassy of the United States of America at Constantinople, Turkey, vice Lewis Ein­ stein, nominated to be secretary of the legation at Peking. NOMINATIONS. Irwin B. Laughlin, of Pennsylvania, now second secretary Ba:ecutiv4J nominations received by the Senate December 20, of the embassy at Paris, to be secretary of the embassy of the 1909. United States of America at Berlin, Germany, vice R. S . .AMBASSADORS. Reynolds Hitt, nominated to be envoy· extraordinary and min­ . Robert Bacon, of New York, lately Secretary of State, to be ister plenipotentiary to Panama. ambassador extraordinary and plenipotentiary of the United Hoffman Philip, of New York, now minister .resident and States of .America to France, 'Vice Henry White, resigned. consul-general to Abyssinia, to be secretary of tile embassy of Richard C. Kerens, of Missouri, to be ambassador extraordi­ the United States of America at Rio de Janeiro, Brazil, vice nary and plenipotentiary of the United States of America to Henry L. Janes, nominated to. he secretary of. the embassy at 'Austria-Hungary, vice Charles S. Francis, resigned. Constantinople. 1909. _CONGRESSIONAL RECORD-SENATE. 259

, Montgon;iery Schuyler; jr., of New York, now _secretary of William Henkel, of New York, to be United States marshal the embassy at St. Petersburg, to be secretary of th~ embassy for the southern district of New York. A reappointment, his of the United States of America at Tokyo, Japan, vice Peter term expiring January 16, 1910. Augustus Jay, nominated to be agent and consul-general at Creighton l\f. Foraker, of New Mexico, to be United States Cairo. marshal for the Territory of New Mexico. A reappointment, George Post Wheeler, of Washington, now second secretary his term having expired December 18, 1909. of the embassy at Tokyo, to be secretary of the embassy of the United States of America at St. Petersburg, Russia, vice Mont­ RECEIVERS OF PUBLIC 1\fONl~YS. gomery Schuyler, jr., nominated to be secretary of the em­ Manuel Martinez, of Folsom, N. l\fex., to be receiver of public bassy at TokyQ. moneys at Clayton, N. Mex., vice George W. Detamore, term expired. SECRETARIES OF LEGATIONS. Frederick Muller, of Santa Fe, N. Mex., to be receiver of Lewis Einstein, of New York, now secretary of the embassy public moneys at Santa Fe, N. Mex, his term expiring January at Constantinople, to be secretary of the legation of the United 12, 1910. (Reappointment.) States of America at Peking, China, vice Henry P. Fletcher, Frank W. N. Cockburn, of North Dakota, to be receiver of nominated to be envoy extraordinary and minister plenipoten­ public moneys at Devils Lake, N. Dak., his term having expired. tiary to Chile. (Reappointment.) Balkam Schoyer, of Pennsylvania, now second secretary of John C. Ardrey, of Portland, Oreg., to be receiver of public the embassy at Rio de Janeiro, to be secretary of the legation moneys at Portland, Oreg., vice George W. Bibee, term ex­ of the United States of America at Bogota, Colombia, vice pired. Paxton Hibben, nominated to be secretary of the legation to Oliver R. W. Robinson, of California, to be receiver of public the Netherlands and Luxemburg. moneys at Los Angeles, Cal., his term expiring- January 25, Charles Dunning White, of New Jersey, now secretary of the 1910. (Reappointment.) legation to the Netherlands and Lu...'l::emburg, to be secretary of the legation of the United States of America at Christiania, REGISTERS OF THE LAND OFFICE. Norway, vice l\f. Marshall Langhorne, nominated to be second John J. White, of Jackson, Miss., to be register of the land secretary of the embassy at Rio de Janeiro. office at Jackson, Miss., vice Lucius Q. C. Lamar, term expired. M. Marshall Langhorne, of Virginia, now secretary of the Stephen Carpenter, of Helena, l\font., to be register of the legation at Christiania, to be second secretary of the embassy land office at Helena, Mont., vice Frank D. Miracle, resigned. of the United States of America at Rio de Janeiro, Brazil, vice Edward W. Fox, of Clayton, N. Mex., to be register of the land Balkam Schoyer, nominated to be secretary of the legation at office at Clayton, N. Mex., his term having expired December Bogota. 19, 1909. (Reappointment.) · Paxton Hibben, of Indiana, now secretary of the legation at l\fanuel R. Otero, of Albuquerque, N. Mex., to be register of Bogota, to be secretary of the legation of the United States the land office at Santa Fe, N. Mex., his term expiring January of America to the Netherlands and Luxemburg, vice Charles 29, 1910. (Reappointment.) D. White, nominated to be seeretary of the legation at Chris­ Frank Buren, of California, to be register of the land office tiania. at Los Angeles, Cal., vice Frank C. Prescott, term expired. NAVAL OFFICER OF CUSTOMS. PROMOTIONS IN THE ARMY. ) James 0. Lyford, of New Hampshire, to be naval officer of INFANTRY ARM. customs in the district of Boston and Charlestown, in the State of l\fassachusetts. (Reappointment.) First Lieut. John E. Morris, Tenth Infantry, to be captain from November 4, 1909, vice Capt. Will H. Point, Sixth Infantry, SURVEYOR OF CUSTOMS. detailed as commissary on that date. John F. Vivian, of Colorado, to be surveyor of customs for First Lieut. William B. Gracie, Twenty-seventh Infanh-y, to the port of Denver, in the State of Colorado, in place of Win­ be captain from November 16, 1909, vice Capt. Edward N. Jones, field S. Boynton, deceased. jr., Eighth Infantry, promoted. UNITED STATES ATTORNEYS. First Lieut. Lawrence P. Butler, Eighteenth Infantry, to be Joseph E. Morrison, of Arizona, to be United States attorney captain from December 1, 1909, vice Capt. Dwight E. Holley, for the Territory of Arizona, vice J. L. B. Alexander, term Fourth Infantry, promoted. expired. First Lieut. Paul C. Galleher, Twenty-ninth Infantry, to be Robert T. Devlin, of California, to be United States attorney captain from December 1, 1909, vice Capt Arthur J obnson, Thir­ for the northern district of California. A reappointment, his teenth Infantry, promoted. term having expired March 7, 1909. First Lieut. Claude S. Fries, Twenty-seventh Infanb·y, to be Marion Erwin, of Georgia, to be United States• attorney for captain from December 1, 1909, vice Capt. Richard P. Rifen­ the southern district of Georgia. A reappointment, his term berick, jr., Fifteenth Infantry, retired from active service on haTing expired December 18, 1909. that date. William E. Trautmann, of Illinois, to be United States attor­ Second Lieut. Reuben C. Taylor, Nineteenth Infantry, to be ney for the eastern district of Illinois. A reappointment, his first lieutenant from November 4, 1909, vice First Lieut. John E. term having expired December 18, 1909. Morris, Tenth Infantry, promoted. Second Lieut. Charles B. Moore, Twenty-second Infantry, to William A. Northcott, of Illinoi~, to be United States attorney for the southern district of Illinois. A reappointment, his term be first lieutenant from November 16, 1909, vice First Lieut. having expired December 18, 1909. William B. Gracie, Twenty-seventh Infantry, promoted. Robert T. Whitehouse, of Maine, to be United States attorney Second Lieut. Clark Lynn,_ Second Infantry, to be first lieu­ for the district of Maine. A reappointment, his term expiring tenant from December 1, 1909, vice First Lieut. James R. January 15, 1910. Goodale, Twenty-second Infantry, retired from active service Asa P. French, of Massachusetts, to be United States attorney on that date. for the district of Massachusetts. A reappointment, his term Second Lieut. C. Stockmar Bendel, Seventh Infantry, to be .expiring January 8, 1910. first lieutenant from December 1, 1909, Tice First Lieut. Law­ Arba S. Van Valkenburgh, of l\fissouri, to be United States rence P. Butler, Eighteenth Infantry, promoted. attorney for the western district of Missouri. A reappointment Second Lieut. Robert E. Boyers, Fifteenth Infanh-y, to be his term having expired December 11, 1909: ' first lieutenant from December 1, 1909, vice First Lieut. Paul Ernest F. Cochran, of South Carolina, to be United States C. Galleher, Twenty-ninth Infantry, promoted. attorney for the district of South Carolina. A reappointment, Second Lieut. Burt W. Phillips, Twenty-fifth Infantry, to be his term expiring January 31, 1910. first lieutenant from December 1, 1909, vice First Lieut. Claude S. Fries, Twenty-seventh Infantry, promoted. UNITED STATES MARSHALS. Pope :M. Long, of Alabama, to be United States marshal for PROMOTIONS IN THE NAVY. the northern district of Alabama. A reappointment, his term Commander Ben W. Hodges to be a captain in the nnyy from expiring January 13, 1910. the 1st day of July, 1909, vice Capt. Moses L. Wood, retired. Walter H. Johnson, of Georgia, to be United States marshal Commander William L. Rodgers to be a captain in the navy for the northern district of Georgia. A reappointment, his term from the 4th day of December, 1909, -.ice Capt. Hugo Oster· having expil:ed December 17, 1909. haus, promoted. Charles P. Hitch, of Illinois, to be United States marshal for Lieut. Orin G. Murfin to be a lieutenant-commander in the. the eastern district of Illinois. A reappointment, his term navy from the 1st day of July, 1909, vice Lieut. Oowmander having expired December 18, 1909. Archibald H. Davis, promoted. 260 CONGRESSIONAL RECORD-SENATE. DECEMBER 20,

Lieut. Arthur St. C. Smith to be a lieutenant-commander in John C. Sachs to be 'postmaster· at Lena, Ill., in place of the navy from the 25th day of October, 1909, vice Lieut. Com­ George S. Roush, deceased. mander Marcus L. Miller, promoted. Homer S. Sanford to be postmaster at Chatsworth, Ill., in Ensign Clarence E. Wood to be a lieutenant (junior grade) place of Homer S. Sanford. Incumb ~t's com.mission expires in the navy from the 30th day of July, 1909, upon the comple­ January 23, 1910. tion of three years' service in his present grade. James A. White to be J>OStmaster at Murphysboro, 111., in Lieut. (Junior Grade) Clarence E. Wood to be a lieutenant place of James A. White. Incumbent's commission expires in the navy from the 30th day of July, 1909, to fill a vacancy January 18, 1910. existing in that grade on that date. INDIANA. Pa ed Asst. Surg. John M. Brister to be a surgeon in the John W. Emison to be postmaster at Vinc.ennes, Ind., in place na y from the uth day of January, 1909, vice Surg. John M. of John W. Emison. Incumbent's commission expired December Edgar, promoted. 16, 1909. POSTMASTERS. l\Iarion W. Kinder to be postmaster at Tipton, Ind., in place CALIFORNIA. of Marvin W. Pershing. Incumbent's commission expired De­ Kate Bell to be postmaster at Clovis, Cal., in place of .James cember 19, 1909. G. Ferguson. Incumbent's commission expired December 19, William Miller to be postmaster at Nappanee, Ind., in place 1909. of William Miller. Incumbent's commission expired December Harvey S. Clark, jr., to be postmaster at Lodi, Cal., in place 19, 1909. of Harvey S. Clark, jr. Incumbent's commission expires Janu­ Fremont M. Neal to be postmaster at Jonesboro, Ind., in ary 15, 1910. place of Fremont M. Neal. Incumbent's commission expired William W. James to be postmaster at Monterey, Cal., in December 11, 1909. ' place of William W. James. Incumbent's commission expires Archer R. Orr to be postmaster at Carlisle, Ind., in place of January 15, 1910. Archer R. Orr. Incumbent's commission expired December 16, William Jifullen to be postmaster at Mendocino, Cal., in place 1909. ' of William 1\Iullen. Incumbent's conimission expires January Taylor Reagan to be postmaster at Plainfie'ld, Ind., in place of 15, 1910. Taylor Reagan. Incumbent's commission expired December 16, Samuel L. Smith to be postmaster at Nordhoff, Cal., in place 1909. . of Samuel L. Smith. Incumbent's commission expires January KANSAS. 15, 1910. Thomas C. Babb to be postmaster at Fredonia, Kans., in CONNECTICUT. place of Thomas C. Babb. Incumbent's commission expired Willard Baker to be postmaster at Sharon, Conn., in place of December 12, 1909. Willard Baker. Incumbent's commission expired December 11, James :M. Goff to be postmaster at Walnut, Kans., in place of 1909. James M. Goff. Incumbent's commission expires January 10, Thomas W. Beaumont to be postmaster at Cromwell, Conn., 1910. in place of Thomas W. Beaumont. Incnmbent's commission Ilobert I. Hillman to be postmaster at Peru, Kans., in place expires January 15, 1910. of Robert I. Hillman. Incumbent's com.mission expired De­ Frederick L. Gaylord to be postmaster at Ansonia, Conn., in cember 12, 1909. place of Frederick L. Gaylord. Incumbent's commission ex­ Alpheus K. Rodgers to be postmaster at Topeka, Kans., in pires January 24, 1910. place of A.lpheus K. Rodgers. Inr.umbent's commission expires Charles S. Hall to be postmaster at Wallingford, Conn., in January 24, 1910. place of Charles S. Hall. Incumbent's commission expires - John H. Vaughn to be postmaster at Garnett, Kans., in place January 15, 1910. of John H. Vaughn. Incumbent's commission expires January George H. Jackson to be postmaster a.t New Milford, Conn., 16, 1910. in place of George H. Jackson. Incumbent's commission ex­ pires January 15, 1910. LOUISIANA. Joseph Morton to be postmaster at Saugatuck, Conn., in place Arthur A. Boudreaux to be postmaster at Thibodaux:, La., in of Arthur B. Jelliffe, resigned. place of Arthur A. Boudreaux. Incumbent's commission ex­ Wilson l\I. Reynolds to be postmaster at Newton, Conn., in pired December 12, 1909. place of Wilson M. Reynolds. Tucumbent's commission expired MAINE. December 11, 1909. John F. Davis to be postmaster at Bridgton, Me., in place GEORGIA. of John F. Dans. Incumbent's commission expires January Annie Ard to be postmaster at Lumpkin, ·Ga., in place of 23, 1910. Annie Ard. Incumbent's commission expired December 13, Edward Inlrding to be postmaster at Gorham, Me., in place 1909. of Edward Harding. Incumbent's commission expires Janu­ Lena Brimberry to be postmaster at Camilla, Ga., in place of ary 23, 1910. Lena Brimberry. ~ncumbent's commission expires January 25, G. Raymond Joy to be postmaster at Bar Harbor, Me., in 1910. place of William Fennelly. Incumbent's commission expires Willie A. Sheats to be postmaster at Monroe, Ga., in place of January 23, 1910. Willie A. Sheats. Incunibent's commission expires January 25, Frank A. Knight to be postmaster at North Berwick, Me., in 1910. place of Frank A. Knight. Incumbent's commission expires John T. Sb1.well to be postmaster at Montezuma, Ga., in place January 23, 1910. of John T. Stilwell. Incumbent's commission expires January MARYLAND. 25, 1910. Alfred W. Thompson to be postmaster at Ridgely, Md., fn ILLINOIS. place of Alfred W. Thompson. Incumbent's commission ex­ Jacob A. Bohrer to be postmaster at Bloomington, Ill., in pired December 19, 1909. place of Jacob A. Bohrer. Incumbent's commission expires Gustavus B. Timanus to be postmaster at Laurel, Md., in January 18, 1910. place of Gustavus B. Timanus. Incumbent's commission ex­ Robert G. Boyd to be postmaster at Glenellyn, Ill., in place pired December 19, 1909. of Robert G. Boyd. Incumbent's commission expired December MASSACHUSETTS. 16, 1909. J. Wentworth Earle to be postmaster at Cohasset, Mass., in Harlow E. Chadwick to be postmaster at Ashton, Ill., in place place of Abbie H. Souther, deceased. of Harlow E. Chadwick. Incumbent's commission expires Janu­ Henry B. Hildreth to be postmaster at Townsend, Mass., in ary 10, 191_0. place of Hem-y B. Hildreth. Incumbent's commission expires Russell w. Folts to be postmaster at Atlanta, Ill., in place of January 23, 1910. Rus ell W. Folts. Incumbent's commission expires January 2-3, Francis Norwood to be postmaster at Beverly, Mass., in place 1910. William R. Jewell to be postmaster at Danville, Ill., in place of Francis Norwood. Incumbent's commission expired Decem­ of William R. Jewell. Incumbent's commission expires Janu­ ber 20, 1909. ary 10, 1910. MICHIGAN. Arthur Merrill to be postmaster at Avon, Ill., in place of Clarence M. Becraft to be postmaster at Watervliet, Mich., in Arthur Merrill. Incumbent's commission expires January 23, place of William C. Spreen. Incnmbent's commission expires 1910. January 23, 1910. Calvin F. Randolph to be postmaster at Danvers, Ill., in place Henry W. Coburn to be postmaster at Escanaba, Mich., in of Calvin F. Randolph. Incumbent's commission expires Janu­ place of Henry W. Coburn. lncumbent's commisslon expires ary 23, 1910. January 15, 1910. 1909. CONGRESSIONAL RECORD-SENATE. 26f

Alfred Cruse to be postmaster at Iron Mountain,. Mich., in C. I. Hntchinson to be postmaster at La M&ure, N. Dak., in place of Alfred Cruse. Incumbent's commission expires Janu­ place of Emil 0. Ellison. Incumbent's commission expired ary 23, 1910. February 18, 1908. · Eric Ericson to be postmaster at Republic, Mich., in place of · Henry T. Nelson to be postmaster at Courtenay, N. Dak.r in Eric Ericson. Incumbent's commission expires January 24, place of Henry T. Nelson. Ineumbent's commission expired De­ 1010. cember 19, 1909. Charles K. Farmer to be postmaster at Benton Harbor, Mich., OHIO. in place of John T. Owens. Incumbent's commission expires Rupert R. Beetham to be postmaster at Cadiz, Ohio, in place 24, 1910. January of Rupert R. Beetham. Incumbent's commission expires Jann~ Shelby C. Field to be postmaster at Sparta, Mich., in place of ary 18, 1910. Shelby C. Field. ID.cumbent's commission expired December .Alexander Y. Henderson to be postmaster at Maynard, Ohio, 13, 1909. Office became presidential October 1, 1909. Benjamin B. Gorman to be postmaster at Coldwater, Mich., .Alpheus L. Stevens to be postmaster at Cambridge, Ohio, in in place of Benjamin B. Gorman. Incumbent's commission ex­ place of James R. Barr. Incumbent's commission explre1 J&nll'" pires January 23, 1910. ary 18, 1910. William L. Holland to be postmaster at St. Joseph, Mich., in place of Fred A. Woodruff. Incumbent's commission expires OKLAHOMA. January 24, 1910. Bruce McKinley to be postmaster at Eufaula, Okla.t- in place Calvin E. Houk to be postmaster at Ironwood, Mich., in place of Bruce McKinley. Incumbent's commission expires January of Calvin E. Houk. Incumbent's commission expires January 23, 1910. 31, 1910. . John C. Morphis to be postmaster at Cleveland, Okla., in James H. Hudson to be postmaster at Merrill, Mich., in place place of John C. Morphis. Incumbent'"s commission expired De­ of James H. Hudson. Incumbent's commission expires January cember 19, 1909. 16, 1910. OREGON, Leroy C. Hunter to be postmaster at Saranac, Mich., in place Walter F. Baker to be postmaster at Tillamook. Oreg~ in of Leroy C. Hunter. Ineumbent's commission expires January place of Abel W. Severance. Incumbent's commission expired 16; 1910. December 18, 1909. Ross Leighton to be postmaster at Newberry, Mich., in place Harvey S. Buck to be postmaster at Sumpter, Oreg., in place of Ross Leighton. Incumbent's commission expires January of Harvey S. Buck. Incumbent's commission expired December 15, 1910. 12, W09. Otto H. Mueller to be postmaster at Rockland, Mich., in place Arthur Wheelhouse to be postmaster at Arlington, Oreg., in of Otto H. Mueller. Incumbent's commission expires January place of Arthur Wheelhouse. Incumbent's commission expired 23, 1910. December 19, 1909. MISSOURI. PENNSYLVANIA. William T. Lessley to be postmaster at Glasgow, Mo., in place Charles A. Gaul to be postmaster at Wernersville, Pa., in of William T. Lessley. Incumbent's commission expired De­ place of Cyrus B. Smith, deceased. cember 12, 1909. Harry B. Klingensmith to be postmaster at Ellsworth, Pa., ! ) Robert C. Rhodes to be postmaster at Seymour~ Mo., in place in place of Harry B. Klingensmith. Incumbent's commission of Robert C. Rhodes. Incumbent's commission expires January expired December 19, 1909. ( 23, 1910. Albert J. Matson to be postmaster at Delta~ Pa., in place of . NEBRASKA.. Albert J. Matson. Incumbent's commission expired December / John H. Davis to be postmaster at Rushville, Nebr., In place 18, 1909. of James N. Brooks, resigned. Edgar Matthews to be postmasteF at Royersford, Pa., in NEW HAMPSHIRE._ place of Addison Eppehimer, deceased. Frank B. Moorhead to be postmaster at Volant, Pa. Office George L. Crockett to be postmaster at Whitefield, N. H., in became presidential October 1. 1909. place of George L. Crockett. Incumbent's. commission expires William J. Murray to be postmaster at Girard, Pa., in place January 18, 1910. of Harry H. Nichols. Incumbent's commission expired March Fred P. Dearth to be postmaster at Woodsville, N. H., in 1, 1909. place of Fred P. Dearth. Incumbent's commission expires Annie H. Washburn to be postmaster at Wyncote, Pa., in January 18, 1910. place of George EJ. Washburn, re.moved. NEW JERSEY. Howard Weiss to be postmaster at Siegfried, Pa~.,. in place of Peter C. Brown to be postmaster at Spring Lake Beach, Alfred P. Laubach. Incumbent's commission expired December N. J., in place of Peter C. Brown. Incumbent's commission ex­ 15, 1909. pires January 31, 1910. RHODE ISLAND NEW YORK. Edgar E. Matteson to be postmaster at Apponaug, R. I., in Joshua D. Corson, jr., to be postmaster at Milliken, N. Y. place of Edgar E. Matteson. Incumbent's commission expired Office became presidential October 1, 1909. December 11, 1909. Marshall H. Dean to be postmaster at Roscoe. N. Y., in place SOUTH DAKOTA.. of William W. Gregory. Incumbent's commission expired De­ cember 13, 1909. William H. Doherty to be postmaster at Lemmon, S. Dak. George F. Monahan to be postmaster at Ransomville,. N. Y. Office became presidential July 1, 1909. Office became presidential October 1, 1909. Linville Miles to be postmaster at Langford, S. Dak. Office Henry F. Snyder to be postmaster at Albany, N. Y., in place became presidential October 1, 1909. of James B. McEwan, resigned. .Alexander W. Paulson to be postmaster at Carthage, S. Dak. Henry P. Tuthill to be postmaster at .l\fattltuck, N. Y., in Office became presidential October 1, 1009. Charles L. Smith to be postmaster at Andover, S. Dak. place of Henry P. Tuthill. ~cumbent's commission expired December 12, 1909. Office became presidentia~ October 1. 1909. Abram R. Wyckoff to be postmaster at Geneva, N. Y., in place Howard Squires to be postmaster at White Rock, S. Dak. of Abram R. Wyckoff. Incumbent's commission expires Jan­ Office became presidential October 1, 1909. uary 23, 1910. William Toomey to be postmaster at Gettysburg, S. Dak., in NORTH CAROLINA. place of William Toomey. filcumbent's commission expired December 12, 1909. Heenan Hughes to be postmaster at Graham, N. C., in place of William H. Holt. Incumbent's commission expired February UTAH. 15, 1908. George W. Bryan to be po tmaster at Mercur, Utah, in place W. P. Ragan to be postmaster at High Point, N. C., in place of George W. Bryan. Incumbent's commission expired Decem­ of William E. Snow. Incumbent's commission expired Decem­ ber 12, 1909. ber 12, 190{). VERMONT. NORTH DAKOTA. Trescott A. Chase- to be postmaster at Bradford, Vt., in place Lyman Brandt to be postmaster at Par}{ River, N. Dak., in of Trescott A. Chase. Incumbent's commission expires January place of Lyman Brandt. Incumbent's commission expired De- 30, 1910. cember 19, 1909. · WISCONSIN. William H. Bush to be postmaster at Oakes,. N. Dak., in place Dean J. Hotchkiss to be postmaster at Foxlake, Wis., in of William H. Bush. Incumbent's commission expired De­ place of Dean J. Hotchkiss. · Incumbent's commission exp.ired cember 12, 1909. February 2, 1908. 262 CONGRESSIONAL RECORD-HOUSE. DEOE~IBER 20,

Edward Charles Rehfeld to be postmaster at Horicon, Wis., Z. Tipton Jennings, at Granby, Mo. in place of Lydia Chapman. Incumbent's commission expired Thomas A. Shelton, at Puxico, Mo. December ll, 1909. Theodore Walther, at De Soto, Mo. Charles E. Wood to be postmaster at Mukwonago, Wis., in NEBRASKA. place of Charles E. Wood. Incumbent's commission expired W. W. Cole, at Neligh, Nebr. December 11, 1909. Robert n. Douglas, at Clarks, Nebr. WYOMING. NEVADA. Perry L. Smith to be postmaster at Rawlins, Wyo., in place of Perry L. Smith. Incumbent's commission expires January Edward R. Collins, at Goldfield, Nev. 23, 1910. NEW HAMPSHIRE. Charles L. Bemis, at Marlboro, N. H. CONFIRMATIONS. NEW JERSEY. Executive nominations confirmed by the Senate December 20, Wilson D. ~ill, at Paulsboro, N. J • . 1909. NEW YOllK. ASSOCIATE JUSTICE OF THE SUPREME COURT OF THE UNITED Eben A.dams, at New Rochelle, N. Y. STATES. M. H. Dean, at Roscoe, N. Y. Horace H. Lurton to be associate justice of the Supreme A.dam N. Finucan, at Pittsford, N. Y. Court of the United States. Thomas Liddle, at Amsterdam, N. Y. MABSHAL OF THE UNITED STATES COURT FOB CHINA. William E. Mills, at Rose Hill, N. Y. Charles H. Sackett, at Avon, N. Y. Daniel Allen Wilson, jr., to be marshal of the United Sta.tea Henry W. Sha-ver, at Sodus, N. Y. court for China. Otto W. P. Westeryelt, at Piermont, N. Y. TREASURER OF THE UNITED STATES. Willis G. C. Wood, at Whitehall, N. Y. Lee McClung to be Treasurer of the United States. NORTH CABOLINA. REGISTERS OF THE LAND OFFICE. James F. Teague, at Bryson City, N. C. George B. Robberts to be register of the land office at Law­ OHIO. ton, Okla. Charles W. Brainerd, at Mantua, Ohio. Frank Buren to be register of the land office at Los Angeles, Jeremiah Da"Vidson, at Ironton, Ohio. Cal. Betsey Erskine, at Lowellville, Ohio. GOVERNOR OF NEW MEXICO. John C. Jones, at Sylyania, Ohio. William J. Mills to be governor of New Mexico. Walter J. King, at Camden, Ohio. RECEIVERS OF PuBLIC l\!oNEYS. James H. Maple, at Amsterdam, Ohio. o. R. w. Robinson to be receiver of public moneys at Los Lewis T. l\larrott, at Hudson, Ohio. Charles A.. Murphy, at East Palestine, Ohio. Angeles, Cal. J. c. Ardrey to be receiver of public moneys at Portland, Charles L. Thompson, at Georgetown, Ohio. David B. Wilson, at Corning, Ohio. Oreg. CUSTOMS OFFICERS. OKLAHOMA. James 0. Lyford to be naval officer of customs at Boston, Andrew J. Eaton, at Shattuck, Okla. Mass. William J. Forbes, at Grove, Okla. John F. Vivian to be surveyor of customs at Denver, Colo. Frank W. Hungate, at Hydro, Okla. POSTMASTERS. John B. Jones, at Lehigh, Okla. F . .A. Parkinson, at Lawton, Okla. ARKANSAS. E. D. Pritchard, at Erick, Okla. E. A.. William, a.t Arkansas City, Ark. Spencer E. Rowley, at Kiowa, Okla. CONNECTICUT. OREGON. George B. French, at I-rnryton, Conn. Chester G. Coad, at Dallas, Oreg. GEORGIA. PENNSYLVANIA. A.dam J. Branan, at Unadilla, Ga. Richard L. A.shhurst, at Philadelphia, Pa. Max L. James, at Fort Valley, Ga. David Dalton, at Sharon Hill, Pa. Thomas l\I. Kimball, at Tallapoosa, Ga. John G. Duncan, at Leechburg, Pa. ILLINOIS. Oliver E. Mayhew, at Export, Pa. Robert M. Swisher, at Mount Jewett, Pa. Elmer E. A.dams, at Winnetka, Ill. J. Clayton Whitby. at Rosemont, Pa. William J. Franklin, at Madison, Ill. William L. Frye, at Dixon, Ill. TEXAS. William H. Gilliam, at Vienna, Ill. Harry H. Burkham, at Plano, Tex. W. R. Jewell, at Danville, Ill. Thomas F. Calhoon, at Liberty, Tex. Sidney B. Miller, at Cairo, Iµ. Gerald W. Calrow, at Boerne, Tex. Walter Stickney, at Warren, Ill. George W. Cash, at Hubbard, Tex. Daniel A. Williams, at Antioch, Ill. Richard T. Polk, at Killeen, TeX. IOWA. Charles E. Anderson, at Moville, Iowa HOUSE OF REPRESENTATIVES. Albert S. Burnett, at Valley Junction, Iowa. Andy J. Cleyeland, at Pleasantville, Iowa. MoNDAY, December ~O, 1909. Frank C. Do"\\ney, at Dexter, Iowa. Hal C. Fuller, at Lehigh, Iowa. The House met at 12 o'clock m. Joel E. Johnson, at Marathon, Iowa. Prayer by the Chaplain, Rev. Henry N. Couden, D. D. Warren C. Spurgin, at Panora, Iowa. The J onrnal of the proceedings of Friday was read and approved. B. F. Thomas, at Traer, Iowa. MESSAGE FROM THE SENATE. KANSAS. A. message from the Senate, by Mr. Crockett, one of its clerks, James T. l\Iiller, at Altoona, Kans. announced that the Senate had passed without amendment MIOHIG N. joint resolution of the following title: Charles H. Castle, at Armada, l\Iich. H.J. Res. 84. Joint resolution to pay the officers and em­ George w. Dafoe, at Brown City, Mich. ployees of the Senate and House of Representatives their re­ Thomas E. Da"\\son, at Sandusky, Mich. specti"rn salaries for the month of December, 1909, on the 20th MISSOURI. day of said month. . The message also announced that the Vice-President hatl Henry L. Brown, at Ava, l\Io. Robert G. Crow, at Caruthersville, l\Io. appointed l\fr. SIMMONS and Mr. GALLINGER members of the Francis :M. Harrington, at Kirksville, l\Io. joint select committee on the part of the Senate, as provided for in the act of February 16, 1889, entitled "An act to au- Clrde M. Hudson, at Hale, l\Io. 1909. CONGRESSIONAL RECORD-HOUSE. 263

thorize and provide for the disposition of useless papers in the .Mr. "l.fANN. So that, after all, it means that this money is executive departments," for the disposition of useless papers to be appropriated out of the Treasury? in the Treasury Department. Mr. ALEXANDER of New York. In the end, yes. The act which passed in 1907, instead of making a distinct appropria­ ENROLLED JOINT RESOLUTION SIGNED. tion for certain surveys, provided that the amount for such Mr. WILSON of Illinois, from the Committee on Enrolled .surveys be taken from the appropriation for the Colbert and Bills, reported that they had examined and found truly en­ 'Bee Tree Shoals Canal. That amount must be made up some rolled joint resolution of the following title, when the Speaker time. signed the same : . Mr. Jli.fANN. Then we get into the trouble about having to H.J. Res. 84. Joint resolution to pay the officers and em­ violate the rule which prohibits an appropriation being used ployees of the Senate and House of Representatives their re­ . for one purpose that is appropriated for another purpose. ·spective salaries for tb~ month of December, 1909, on the 20th Now, the proposition is to do the same thing again. day of said month. Mr. AL1JIXA1'"'DER of New York. The gentleman may put COLBERT AND BEE TR'.EE SHOALS CANAL. it in that way. The SPEAKER. The Clerk will call the first bill on tb,e .Mr. MANN. Is not that true? unanimous-consent calendar. Mr. ALEXA.l~ER of New York. It seemed wise at that The Clerk read as follows : time that the appropriation for surveys should be taken out of Joint resolution (H. J'. Res. 83) authorizing a. portion of the appropri­ the fund for the Colbert and Bee Tree Shoals Canal. That is ation made for the improvement of Tennessee River to be applied to all I can say about it. work nt the Colbert and Bee Tree Shoals Canal. Mr. 1t!ANN. Then, will the gentleman say this? I ask the Resoli;ed, etc., That the sum of $15,000, or so much thereof as may be necessary, of the unexpended balance of appropriations .heretofore question in good faith. made for the improvement of Tennessee River between Chattanooga, Mr. AL~"'DER of New York. Oh, the gentleman always Tenn.t and Riverton, Ala., may, in the discretion of the Secretary of assumes to act in good faith, and I am sure there is no reason War, oe applied to work at the Colbert and Bee Tree Shoals Canal for the purpose of opening said canal to navigation. to doubt he is doing so in this case. Mr. MANN. I was assuming that I would get information The SPEAKER. Is there objection to the present considera­ from the gentleman from New York by asking the question ; tion of the bill? but I think it necessary to say that I acted in good faith in Mr. ·FITZGERALD. Mr. Speaker, reserving the right to ob­ asking the question, for he has not furnished me the informa­ ject, I wish the gentleman would make some explanation of tion necessary to pass a bill by unanimous consent. the resolution. I wish to call his attention and that of the llr. ALEXANDER of New York. I never discotmted the House to the character of the report which accompanies this sincerity of the gentleman from Illinois. Tesolution. I suppose that the reports of eommittees are in­ Mr. MANN. I ha-rn obserT-ed that when a gentleman wants tended to give information. Bills upon this unanimous-consent to .get an appropriation for something which is of Tery doubtful calendar certainly should have a report accompanying them necessity, instead of trying to get an appropriation out of the from which l\lembers should be able to obtain information. The Treasury, he endeaTors to get it out of some other -appropri!l­ Teport of the committee on this bill says: tion already made. The Committee on Rivers and Ha-rbors, having had under considera­ Ur. ALEXANDER of New York. In the river and harbor tion the recommendation for the improvement of th~ Colbert and Bee Tree Shoals Canal for the purpose ·of opening said canal to navigation, bill? 'l"eport the accompanying joint resolution. .Mr~ l\IANN. Oh, no; all sorts of bills. I do not know that I shall object to this particular resolution, Ur. ALEXA1'J)ER of New Tork. Then, your inquiry should but I wish to give notice now that hereafter unless the re­ be addressed -to the members of the other a-ppropriation com­ ports furnish information so that Members can make them­ mittees, as it has not been done by the Ilh·er and Harbor Com­ selves familiar with what is proposed to be done under the bills mittee. put upon this calendar, I shall object to their consideration. Mr. MANN. As I have said, my inquiry of the gentleman .Mr. .ALEXANDER of New York. l\Ir. Speaker, I will say in was, if in his information, as chairman of the committee, it is reply to my colleague [Mr. FITZGERALD] that the absence of in­ necessary to use this money at this place at this time, regard­ formation in the report occurred because it was in the nature less of what may be needed for other purposes of the fund? of a rush order. The gentlemen interested in the project ex­ l\Ir. ALllIXA.1'."'DER of New York. I will answer the gentle­ pected to ask unanimous consent a . week ago, and no time inter­ man as frankly and sincerely as he professes to n-sk the ques­ ''ened to set out the reasons for its passage. It is a very incom­ tion. If tills lock and canal are to be opened now for nanga­ plete report, and would not have appeared except for the reasons tion, I will say yes; but if it is not to be opened for about .a ·stated. year, no; because later we can make this appropriation directly The purpose of the resolution is simply to transfer from the in the riv-er and harbor bill. general maintenance fund of the Tennessee Rt·re'l" $15,000, or so Mr. MAl\TN. Then what is the necessity of .opening this lock much thereof as may be needed, for the completion of the lock at once? in the Colbert and Bee Tree Shoals Canal on the Tennessee Mr. ALEXANDER of New York. Because navigation waits River, in order that it may at once be opened to na-vigation. its completion. TheTe is another reason, I will say to the gentle· The engineers made the proper estimate for the lock, and this man. The contractors, having their plant ready, can now com· transfer would have been unnecessary had the bill of 1907 not plete it cheaper than in a year from now. provided that the cost of certain surveys on the Tennessee 1\Ir. 1\1ANN. I understood the gentleman a moment ago to River should be taken from this fund. The engineers knew say tha:t it could be opened for navigation at once. Hownmch nothing of that legislation; but it cut down the amount of the tonnage is there on the Tennessee River? appropriation, and we a.re making it up by transferring this Mr. _ALEXANDER of New York. I can not state precisely amount. the tonnage on the Tennessee Rh·er at this point, but I will Mr. SIMS. I would like to ask the gentleman a question. Is yield three minutes to the gentleman from Alabama for that any part of this $15,000 to be taken for appropriations for work purpose. below Florence? Mr. RICHARDSON. I can answer the gentleman with refer~ Mr. ALEXANDER of New York. Not at all. ence to that. Mr. SIMS. It does not affect the lower Tennessee? The SPEAKER. This whole proceeding is by unanimous con­ Mr. ALEXANDER of New York. It does not. sent. The proposition is to discharge the Committee of the Mr. MANN. Mr. Speaker, may I ask the gentleman a ques­ Whole House on the state of the Union from the consideration tion? What is the maintenance fund for the Tennessee River, of this joint resolution and consider the same in the House at and how much is it? this time. The conversation that has passed between Members Mr. ALEXANDER of New York. I can not give the exact of the Honse is itself in the nature of rmanimous consent. amount. Without objection, the gentleman from Alabama may proceed. l\fr. .MANN. This amounts, then, practically to an .appro­ l\Ir. RICHARDSON. Mr. Speaker, I would like to give some priation out of the Treasury? additional facts in reply to some of the questions propounded Mr. ALEXANDER of New York. No; it means a transfer to the chairman of the Committee on Rivers and Harbors. from another fund to this specific work. First, I will answer the gentleman from Illinois [Ur. 1\1.A.NN], Mr. l\lANN. Does the general maintenance fund need the who desired to know the amount and Talne of freight trans­ money? ported on that portion of the Tennessee River with which Mr. ALEXANDER of New York. It will by and by. Colbert and Bee Tree Canal is chiefly connec:ted. The Federal Mr. MANN. Then when it needs the money we will have to Government has appropriated to the Tennessee Rh-er from .appropriate for the general maintenance fund? Riverton to Paducah, Ky., where the river empti-es into the ' Mr. ALEXANDER of New York. Yes. Ohio, approximately $345,000, a river stretch of 220 miles. In 264 CONGRESSIONAL RECORD-HOUSE. DECEl\IB~ 20,

the calendar year .1908 that portion of the Tennessee River · l\fr. BARTHOLDT. Mr. Speaker, I desire to be heard on the transported $10,000,000 worth of freight, which cost the Govern- point of order. ment 3! cents for every dollar appropriated in the last thirty The SPEAKER. The Chair will hear the gentleman from years. Colbert and Bee Tree Shoals Canal is at the head of Missouri. this splendid stretch of the river of 229 miles, and, as I say, the 1\Ir. BARTHOLD'r. It all depends upon the question whether Go>ernment has appropriated 3! cents for every dollar used on Sunday is to be counted as a dies non or a business day. This that portion of the ri"rer. If we open the canal, as this joint bill was reported on Friday noon. If, according to the rules, resolution proposes, the trade of the three cities of Florence, you count Friday as one day, Saturday two, and Sunday three, Sheffield, and Tuscumbia will add not less than 3,000,000 tons Monday will be the fourth day. to the traffic of the river. l\Ir. FITZGERALD. Sunday is a dies non in a legislative In the next place, this is a mere transfer. My attention was body. first called to it by the chief engineer of the Tennessee and l\ir. BARTHOLDT. I understand a ruling has been made by a Cumberland River about one month ago. I went to work upon previous Speaker of the House to the effect that during the last it at once with the chief engineer of the War Department, Gen- three days of the session Sunday may be counted as a business eral Marshall, and I have received a letter from him this morn- day, and it was upon that ruling that the action of the Clerk ing. was based in placing this bill upon the unanimous-consent It is an emergency matter. Every river and harbor bill calendar. passed since I have been a 1\Iember of Congress has made provi- Mr. FITZGERALD. Mr. Speaker, in the practice o:f the sion for what is known as the" channel fund," to clean out the House Sunday is dies non. At any rate the precedent cited bars between Chattanooga and Riverton. That fund is not ex- by the gentleman from Missouri [Mr. BARTHOLDT] would not hausted, by any means. The joint resolution means merely to apply, because we are not now within the three last days of borrow from the unused channel fund to meet the emergency at the session. The time at which the holiday recess commences Colbert Shoals. This Colbert and Bee Tree Shoals Canal is has never been considered and can not be considered as the but a few miles down the river from the three cities of Shef- end of the session of Congress. I think it is of much impor­ .field, Tuscumbia, and Florence. Assurance has been given time tance that the practice be properly established. I have no ob­ and time again that this canal would be open for trade by the jection to this bill extending the charter of this. bridge com- 1st of January this year. For some reason there has been dis- pany, but I wish to have an opportunity, and I know other appointment. Recently, within the last month, l\Iajor Harts, Members wish to have an opportunity, to examine thoroughly the chief engineer, notified me that he lacked the sum of $4,000 the bills that are to come up by unanimous. consent. This rule to complete it, and if he did, not have it that important canal, was designed to give Members that opportunity, and if · bills with the three cities lying at the head of it, would be deprived can be reported on Friday and put upon the calendar on Mon· of traffic and trade for the next twelve months, just because of day, it will destroy the effect of the rule. Under the rule pro- . the lack of the small sum of $4,000. viding for the call of committees, a bill must be reported pre- This is certainly an emergency, and the amount needed is vious to the das: on which the committees are called. It is simply borrowed from the "channel" fund appropriated by true the rule provides that the bills must be previously re­ the Government to remove the sand bars between Chattanooga ported, but my understanding of the practice is that a bill does and Riverton and appropriated for the purpose of the speedy not go upon any calendar of the House until it is printed, and opening of this canal, so that the people of that section may not is never considered upon the calendar the day on which it is lose two or three million dollars of trade by delaying the open- reported, but is placed upon the calendar the following day ing of the canal for quite one year or more. I hope and trust when it is in print. that the joint resolution will not be opposed. The Government l\lr. BARTHOLDT. l\Ir. Speaker, I do not know how the has spent on Col'\ert Shoals Canal over $2,000,000. It is folly Chair is going to decide this point of order, but I ask the in­ to postpone its opening for even one hour for the want of a few dulgence of the House and the gentleman from New York [Mr. thousand dollars. FITZGERALD] that I may make a brief statement as to the l\Ir. ALEXANDER of New York. Mr. Speaker, I ask for a merits of this bill. vote. Mr. FITZGERALD. Mr. Speaker, I have no objection to the The SPEAKER. Is there objection? bill if the Chair wishes to submit a request for unanimous con- There was no objection. sent. I have no objection to that course, but I· have objection The joint resolution was ordered to be engrossed and read to the bill being placed on this calendar in violation of the rule. . d th thi d tim d ed Mr. BARTHOLDT. Mr. Speaker, I merely want to impress the third trme, was rea e r e, an pass · I upon the gentleman from New York the urgent necessity for EXTENDING TIME FOR CONSTRUCTION OF BRIDGE ACROSS MISSISSIPPI action being taken by the House on this bill at this time. - RIVEB. Mr. FITZGERALD. l\Ir. Speaker, I understand the charter The next bill on the unanimous-consent calendar was the bill of this company expires on January 9. \(H. R. 14565) to amend an act entitled "An act to amend an act· l\Ir. BARTHOLDT. l\fr. Speaker, the charter expires on to authorize the city of St. Louis, a corporation organized under January· 8, and the next unanimous-consent day would be the laws of the State of l\fissouri, to construct a bridge across January 9. Consequently the charter for . this great bridge, the Mississippi River," approved January 9, 1909. upon which immense work has been done for three years by The Clerk read the bill, as follows: the people of St. Louis, it being a municipal undertaking, will Be it enacted, etc., That the city of St. Louis shall have authority to have elapsed by the time Congress will have an opportunity to construct the bridge mentioned in the act entitled "An act to amend an legislate upon it. I therefore appeal to the gentleman to with- act to authorize the city of St. Louis, a corporation organized under the h Id h' · t f d t th' tim laws cf the State of Missouri, to construct a bridge across the Missis- 0 lS porn ° or er a IS e. sippi Rlver," approved January 9, 1909, under and subject to the limita- l\Ir. FITZGERALD. Mr. Speaker, in view of the impor­ tions and restrictions mentioned in the act entitled "An act to authorize tance of this case, under the statement made by the gentleman, the city of St. Louis, a corporation organized under the laws of the th · S k ld b •t t f · t f State of Missouri, to construct a bridge across the Mississippi River," e pea Ter cou su mi a reques or unanimous consen or approved June 25, 1906, if the actual construction of the bridge therein the consideration of the bill. authorized shall be commenced within one year from the approval of 1\Ir. MANN. l\Ir. Speaker, it seems to me it might be well this act and completed within three ye.ars from same date. to have a ruling upon the matter, because if it should be ruled Mr. FITZGEHALD. Mr. Speaker, I reserve the point of order that this bill is not properly upon the unanimous-con nt cnl­ that this bill is not properly on the calendar. The rule provides endar to-day, it is very ea y to recognize gentlemen to move that after a bill which has been favorably reported shall have to suspend the rules, as this is suspension day. I call the been three days on the calendar, notice can be filed with the attention of the Chair, however, to the rule, as I understand 'Clerk placing it on the unanimous-consent calendar. It appears it, requiring three days to elapse from the time when a bill that this bill was reported to the House on the 17th of December. has been reported. Whether that includes Sunday or not I '1t could not have been on the calendar tmtil the 18th, and under do not wish to express an opinion. If it means three calendar no construction conceivable can three days have elapsed after days, I suppose it means Sunday. Is not the construction of ,which notice could have been filed. the rule in reference to a privileged resolution that it shall b I have no objection to this particular bill, but I think that it reported within seven days, and that the seven days include a is of some importance that this question be determined prop- Sunday, and not seven 'days exclusive of Sunday? If it should erly. The object of the rule is to give Members an opportunity be held that it means three legislath·e days, and then tl the to ascertain what the bills for which unanimous consent was to House should adjourn over so that there was no meeting of the \ be asked purported to do. If bills can be reported late on Fri- House upon a Saturday, that day would be excluded, and I ·day· and placed on the unanimous-con ent calendar on Monday, think that is clearly not tbe intention of the rule. .with possibly no opportunity to obtain copies of the bill and re-· The SPEAKER. The rule to which the gentleman from port on Saturday, the object of the rule will be destroyed. Illinois [Mr. MANN] refers, as to a privileged resolution of 1909. CONGRESSIONAL RECORD-HOUSE. 265

inquiry, is different from this, in that it specifies the time limit takes the position that it has full authority to conh·ol the con­ as one week. The Chair has some little difficulty in construing ditions under which such water shall be utilized for power or this rule. The Chair would have no difficulty about the Sunday irrigation and to levy such charges as the bureau sees fit for proposition, because the Chair finds a precedent. The Chair the "conservation" of water, as they term it. will read from Hinds' Precedents, yolume 5, section 6733: Coincident with the claim and assertion by the Forest Service 6733. In computing the days of the session Sunday has not always of authority to control and charge for the use of water by been treated as a. dies non.-On Friday, August 11, 1848 (when the reason of the government ownership of the lands through which House was to adjourn finally on Monday, August 14), the House passed th& bill making appropriations for rivers and harbors. it flows, there has been the assertion of the right of the Fed­ The bill having been passed, the Speaker said that he entertained eral Government to collect toll for the development of water doubts as to whether this bill (it being an original bill o! this House) power on navigable streams, based on the control of the Federal could be sent to the Senate this day without a suspension of the joint rule which provided that no bill originating in either House should be Government over such streams for the purpose of navigation. sent to the other on the three last days of the session, and asked the Mr. SCOTT. Will the gentleman yield for this question 1 direction of the Ilouse. l\Ir. MONDELL. I will be glad to do so. Thereupon it was- Orde1·ed, That the Clerk request the concurrence of the Senate in Mr. SCOTT. I understood him to say the Forestry Service the said bill. had maintained that the Government had the right to charge In that case Sunday was counted as a day, so that it appeared for the use of water. The Chief of the Forestry Service has that Sunday is a dies non so far as any action is concerned, yet repeatedly stated before the Committee on Agriculture that he in case where no action is required either by the House or by a never did maintain such a proposition and has never made any committee, it has not always been considered as a dies non, but charge for the use of water. rather that it might be counted as one of a given number of Mr. MONDELL. Well, of course some statements are subject days. to various constructions. The fact is in some instances the But there arises another question. The House Calendar, in Forestry Bureau did at one time demand pay for the use of point of fact, has heretofore been printed once in, say, three water, and in a certain report of the Chief of the Forestry days. In the House Calendar which was printed on Friday, Bureau the total possible development of water for power and the 17th of December, this bill does not appear. The question for irrigation was reported to the House by him as an asset in the construction of the rule is as to what the calendar is. Is of the Federal Government. The report was in detail and esti­ it a package of bills in the box or the printed list of the bills mated the value of such water at an enormous total. If the in the box? The Chair would be inclined to hold that the bill bureau then held that -it had no right or authority to charge ought to be on the printed calendar, but as that calendar is pub­ for the use of water, why was the demand made and why did lished only once in three days, such a holding would in future, the chief of the bureau report to the House as a vast asset of in the judgment of the Chair, make inconvenience. Therefore, the Government the possible utilization of all streams flowing it seems to the Chair that the order to print the whole calendar within forest reserves? Now, it is true that the bureau has should be so that we would have a daily calendar. shifted its position, and instead of demanding and levying l\fr. FITZGERALD. l\fr. Speaker, I call the attention of the charges for the use of water it levies a charge for the conser­ Chair to the fact that on the call of committees a bill must be vation of water. actually upon the printed calendar, and the rule provides that l\Ir. SCOTT. That is the point I desired to bring out, because it must be upon the calendar; and the Chair has repeatedly I feared if the gentleman's statement was allowed to stand held that a bill must be on the printed calendar in order to without qualification it might give a wrong impression of the comply with that rule. This rule is that a bill shall have been position now occupied by the bureau. three days upon the calendar. l\fr. l\IONDELL. I tried fairly to state their present position. The SPEAKER. The Chair is inclined to hold, with a unani­ The difference between a charge for conservation and a charge mous-consent calendar to be called twice a month, and with for use is the difference between tweedledee and tweedledum. a calendar Wednesday, that the better practice would be that If I had the time, I would like to go into that phase of the the bill should be upon the printed calendar for three days, but question and call attention to the fact that power development in the opinion of the Chair the House ought to order the cal­ often conserves the water much more than the Forestry Service endar printed every day. Therefore the Chair sustains the can possibly do, and, therefore, rather than the Forestry Service point of order. . chnrging a conservation fee, they should, in order to be entirely However, as this is suspension day, and as this bill has not fair-if they are in the business of adjusting benefits-make a had an opportunity for consideration under the unanimous-con­ payment to those who shall conserve water by impounding it in sent procedure, the Chair will recognize the gentleman, if he enormous reservoirs for power purposes, thus regulating the 'desires to be recognized, to move to suspend the rules and pass flow of the stream its entire length. the bill. I shall limit my discussion to that phase of the questions l\fr. BARTHOLDT. l\Ir. Speaker, then I morn to suspend referred to which relate to the claim of authority for federal the rules and pass the bill. · control over the use of water from nonnavigable streams for The SPEAKER. The question is on the motion of the gen­ power der-elopment and other purposes, and the proposition to tleman from Missouri to suspend the rules and pass the bill. use the ownership of lands by the Federal Government as the Is a second demanded? [After a pause.] No second being

) power requires the use of lands which are still a part of the not deliberate, misstatement. i' public domain. This agitation seems to have been the out­ From May to November of this year 603,355 acres of land growth of the policy which the Forestry Bureau has been at­ were withdrawn from entry, which cover all known power sites tempting to fix and establish relative to rights of way for water­ on public lands, and these lands remain reserved at this time. power development within the forest reserves. Of course there is no authority of law fQr all these withdrawals Starting out with the declaration that it had the legal right of public land from appropriate entry, but as powerful govern­ to impose charges for the " use" of water taken from non­ ment bureaus have willed it, and have built up a certain noisy navigable streams in forest reserves, the Forestry Bureau and vociferous sentiment in favor of it, I suppose we should be gradually shifted its position until, as I understand it, it now thankful the case is no worse than it is. 266 CONGRESSIONAL RECORD-.-..· HOUSE .. DECEJ\IBER 20,

until very recently we have been lacking in official recom­ desire to develop water power to become the instruments of meudation or suggestion of what should be done with the public an attempted transfer of .a portion of the States' sovereignty. lands which have been so withdrawn, though we have not lacked Or, to put it another way, that certain Western States of the in advice on the subject from unofficial sources. In fact it is Union shall, as the price of the opportunity for the development Tery remarkable how the necessity for federal control over the of their resources, be denied that "equal footing" with the waters of nonnavigable streams used for power purposes has other States of the Union guaranteed them by their organic suddenly and simultaneously appealed to so many magazine laws. writers of a certain class. Mr. BARTLETT of Georgia. Will it interrupt the gentleman We have, however, in the annual report of the S~retary of to ask him a question just on that point? the Interior for the fiscal year ending June 30, 1909, an official Mr. MONDELL. I will be glad to yield to the gentleman. expression of views on the subject of federal control of the use Mr. BARTLETT of Georgia. The gentleman asserts that of water, and, in. f the necessal"y water Tights to permit of the estimated -power and I .are going to differ a great deal as to the legal right of development be made ; Congress to interfere with the State to regmate water on its 4. That tbe construction period allowed entrymen for the develop­ nonna vigable streams. ment of at least 25 per cent of such power shall not extend beyond Mr. l\IO:NDELL. Having clearly in mind the fact admitted tour years, ~ such further time as may be granted by the Secretary of the Interior upon a proper showing; by the Secretary, that the States are sovereign in control of 5. That a moderate eharge shall be made on the capital invested, or the waters of nonnavigable streams within their borders. this upon the gross earnings of the project for the first ten years of opera­ tion, adjusted at each subsequent ten-year period, and equitably deter­ is what the Secretary proposes: mined by appraisement; PERM.ANENT FEDERAL LANDLORDISM. 6. That all rights and easements shall be forfeitable :for :failure to First. That the Federal Government shall retain title to all make development within the limitations imposed, or upon entry into 'II.DY oeontract -0r combination to charge or 1ix rates ·beyond a :reasonable lands which may any time in the future be utilized to any profit on the investment and cost of operation, or entry into any agree­ extent whatever for the development of water power or tor ment or combination to limit the supply of electrical current, or failure the storage of water for power, irrigation, or other purposes, to opeTate the plant; and 7. That all books and aecounts shall always be subject to the inspec­ or to carry flumes, ditches, or transmission lines. This is tion of th~ department. certainly a startling suggestion. If every tract -0f public land BEVOLUTIONAilY CHABA.CTER OF PROPOSAL. that might possibly be used, to a greater or less degree, .some­ time between now and the crack of doom for some of the pur­ I tllliik I am justified in saying that whatever our various poses enumerated were withdrawn from entry, we would not <-Opinions may be a.s to the wisdom, justice, propriety, or neces­ be greatly troubled with the disposition of the few remaining Bity of legislation .guch a.s that proposed herein, all those who tag ends of the public domain. a.re familiar with our land legis1ation and the decisions of the Second. The Secretary proposes the granting of easements or \ -courts with regard to our public domain must admit that it is rights to use the public lands for a limited period only, on con­ the most revolutionary and startling proposition relating to dition that the citizen who holds from the State a right to the federal control of local affairs, through the ownership of public beneficial use of a certain definite amount of water shall at­ lands, ever presented to Congress. tempt to surrender to the Federal Government the right which It is so startling and so revolution~ry that I must of neces­ the State has granted him. This proposition is evidently sity speak of it earnestly and emphatically, and in doing so made on the theory that the party who has acquired from the I desire to have it understood that I speak with due respect State certain limited rights to the use of water for specific to the very able and efficient Secretary who made this rec­ beneficial purposes can transfer to the United States not only ommendation and for the views of all those in official or private the limited rights he has obtained, but also a portion of the iife who honestly agree with him. All those who have been States sovereignty. demanding tederal control of power development owe the Secre­ The Secretary's report relates to water used for irrigation tary a debt of gratitude for having put their demand in concrete purposes, as well as water used for power development, and form. if put into practice it would result in endless confusion S~ATES' CONTIWL OF NONN.A.VlGAllL~ STU.EAll!S. and conflict between the States and the National Government Let it be <'.ailed to mind .and not lost sight of in this discus­ and in the determination of the rights of individual users .of sion that the Federal Government has no constitutional right water. But serious as this phase of the question is, inasmuch to in any way control the use or disp<0sition of waters flowing as the main object sought seems to be the control of power in nonnavigable streams within the States. The Secretary of de,elopment, I shall confine my remarks largely to that branch the Interior is a good lawyer and has not overlooked this fact, of the subject. for in the third paragraph of his suggestions he provides that 'PROPOSED LEGISLATIO~. before the easement over the public lands which he proposes But we ha-ve ad\anced even further tban fill official recom­ shall be granted there shall be a "transfer to the United States mendation in the matter of federa.1 interference with state of the necessary water rights to permit of the estimated power control of the wn.ter of streams. The gentleman from Illinois development being made." · [Mr. .l\1ANN] has introduced a bill (H. n. 13834) in which, with What does this mean! It m~ans that it is now, for the first becoming modesty~ he kindly relieves the Committee on the time, seriously proposed in an official recommendation ith.at the Public Lands of any jurisdiction o\er the subject-matter and Federal Government shall use its ownership of lands in certain proposes to rei:,~late the building of dams for any purpose \ Western States to coerce the citizens of such States who may whatsoever on nonnavigable as well as navigable streams. 1909. CONGRESSIONAL RECORD-HOUSE. 267

The portion which deals· with nonnavigable streams is as forest reserves,.and therefore they-originate on the public land. follows: I do not know what the gentleman from Illinois intended when · SEC. 7. That in the case of construction of a dam or accessory works he wrote " which waters shall belong to the United States," for across or in any nonnavigable waters, which waters or the land adjoin­ I know of no such waters. If he meant waters which originate ing the same shall belong to the United States and be under the juris­ diction of the Department of Agriculture, then and in such case the on public lands, then he would include practically all the Secretary of Agriculture shall exercise as to such case all the powers streams in the intermontane and Pacific Coast States. and authority hereby granted and imposed upon the Secretary of War Mr. DOUGLAS. You construe that bill to mean that if a and Chief of Engineers as to the construction and maintenance of dams over navigable waters of the United States, and no dam shall be here­ stream 500 miles flows through any portion of the public after constructed upon the nonnavigable waters referred to in this domain the Government could control the water power· on it section without express authority from the Secretary of Agriculture ; throughout its entire length without regard to whether it had and every such dam shall be subject to all the provisions of this act. SEC. 8. That in the case of construction of a dam or accessory works ceded to a private individual and patented to him the lands across or in any nonnavigable waters, which waters or the land ad­ along its banks? joining the same shall belong to the United States and shall not be Mr. MONDELL. I do not intend to construe the bill. I under the jurisdiction of the Department of Agriculture, then in such case the Secretary of the Interior shall exercise as to such case all the merely read it to the gentleman, and i take it for what it says. powers and authority hereby granted and imposed upon the Secretary of It does not need construction. If it does not include streams War and Chief of Engineers as to the constrnction and maintenance of dams over navigable waters of the United States, and no dam shall be which, somewhere along their course, flow over public land, hereafter constructed upon the nonnavigable waters referred to in this where are you going to draw the line? section without express authority from the Secretary of the Interior; Mr. DOUGLAS. I would construe it so. and every such dam shall be subject to all the ·provisions of this act. · Mr. MONDELL. Among other things, it provides that if the AN IMPOilTANT OVEilSIGHT. dam is to be built for the irrigation of land owned by the This bill is by long o_dds even more extraordinary than the Government, the entryman, in order to irrigate that land, even proposals of the Secretary, for in framing it the gentleman though he built the dam on his own land, would have to get from Illinois seems to have entirely overlooked a fact which I the consent of the Secretary of the Interior. If it were the trust I shall not be considered impertinent in referring to in intention of the gentleman from Illinois to simply provide that this day of paternalistic federalism, to wit: That this is a Gov­ no dam could be built on government land or partly on gov­ llrnment in which the people reserved certain powers to them­ ernment land, without permission of the Secretary of Agricul­ seh·es, to be exercised through state governments, and that ture, or Interior, that could have been said in few words. Wyoming and Oregon, while not so far east as Illinois and In fact, it is not necessary to have any such new provision of New York, are nevertheless States of the Union and not fed­ law, for such has been the law for years, and the various right­ eral provinces. [Applause.] of-way acts provide fully how the right to occupy the public The gentleman plays no favorites, and invites three separate lands for reservoir and like purposes can be acquired. No one departments of the Government-War, Interior, and Agricul­ claims any right to use the public land for any such purpose ture-into the work of supervising the building of dams without permission. What we contend is that the Federal throughout the country. The only work of this character in the Government can not, by reason of its ownership of the public public-land States which is not placed under federal jurisdic­ lands, impose conditions on the use of public lands for the de­ tion is the building of beaver dams. Quite likely this is an velopment of industries as shall impair the State's sovereignty oversight. [Laughter.] or the equality of its citizens. Farmers in the public-land States who desired to build an RESERVED POWERS OF THE PEOPLE INVOLYED. earth dam, even on their own land, to develop power to do In declaring my unalterable opposition to these and all other the family washing or to irrigate a tract of their own meadow, schemes of federal control, direct or indirect, over the waters would be obliged to get permission from the Secretary of the of nonna vigable streams within the boundaries of a State, I Interior to do so, and build according to his plans and specifica­ desire to have my position clearly understood. This is not tions after paying for the privilege. merely a question of public land policy. It goes far beyond The best answer I know of to a legislative proposal of this any question of policy and involves an important principle gov­ kind is contained in the decision of the Supreme Court in the erning our national life, that of the powers reserved to the case of Withers v. Buckley (20 How., 84), as follows: people and exercised by them through their state government. Clearly Congress could exact of the new State the surrender of no One of the most able statesmen of this generation, in a speech attribute inherent in her character as a sovereign independent State delivered some time ago, sounded what I assume he intended or indispensable to her equality with her sister States, necessarily implied and guaranteed by the very nature of the federal compact. to be a trumpet call to the States to bestir themselrns in the Obviously, and it may be said, primarily, among the incidents of tbat matter of necessary legislation clearly within their power, lest equality is the right to make improvements in the rivers, water the pressure of public opinion would compel the Congress to courses, and highways situated within the State. encroach upon the rights and powers of the States in fields Mr. DOUGLAS. Will it interfere with the gentleman's argu­ neglected by them. ment if at this point I ask a question or two, in order to clarify This speech was widely misunderstood as a threat of federal my mind? interference with the powers and prerogatives of the States. · 1\fr. MONDELL. If the House will grant me time. Quite recently this same gentleman made a speech in which he Mr. DOUGLAS. I am quite sure the House will. I would called attention to the danger of overloading the National Gov­ like to ask the gentleman this question in reference to the ernment by extending its control in all directions to such an Mann bill, to which he refened some time ago and which I extent that the federal machinery would soon become ineffective read some time ago. Is it not true that that bill relates to and fall by the dead weight of its cumbrous bureaucracy. Evi­ water power upon nonnavigable streams which flow over the dently ·this sage advice has not been heeded by those who are lands of the public domain ; in other words, they are lands bent on hurrying the country forward on this latest scheme of owned by the United States? federal usurpation. Mr. MONDELL. The gentleman says, "which flow over the The subject it is now proposed to turn over to federal bureau­ public domain ; in other words, they are lands owned by the cratic control is not only one confessedly falling within the United States." The gentleman does not expect me to admit reserved powers of the people, but the proposed raping of the that "flowing over the public domain" and "owned by the rights of the people on behalf of federal bureaus has not e>en United States" are synonymous expressions? the poor excuse that the people in the States affected have not Mr. DOUGLAS. And upon the banks, when the land is still asserted and exercised control over the subject-matter, for the controlled or in possession or ownership of the Federal Govern­ States whose resened rights are now assailed have not onlv ment. asserted the right of their people to full control over the use o·f 1\lr. MONDELL. I think if there were a 40-acre tract at the water, but they are the only States in the Union that have head of a stream 500 miles long, the Mann bill would control. done so. Mr. DOUGLAS. Would the Mann bill prevent a man who We have heard a good deal of late from one source and owns his own land, or a . stream that flows over it, from build­ another about "retaining public control" of western water ing a dam that would run his churn? There is nothing in the powers, as though they were not now in "public " control. ) Mann bill that could be so construed, is there? What is proposed by these oyerenthusiastic conservation­ ' 1\fr. MONDELL. I think so. The Mann bill says: ists is not the retention of these resources in public control, In the case of construction of a dam or accessory works across or in but the wresting of them from public control of the people in any nonnavigable waters, which waters, or the land adjoining the same the States and placing them in the control of a federal bureau. belong to the United States. ' ·we have heard much talk of conserving these resom·ces "for That is the first proposition. You can not find a nonnavigable the people." Who are the people-the government employees stream in any of the new public-land States that does not some­ in the federal bureaus,-the officials of the Federal Government, where :ilong its borders flow oyer or have "adjoining" it some the national machinery as a whole? That is not my under­ public land. In the first place, most of the streams rise in the standing of the matter. Unless my education is all wrong, 268 CONGRESSIONAL -RECORD-- HOUSE .. DECEMBER 20,

"the people" whose interests should be conserved are those reason of its sovereignty it does not, in all respects, sustain the sovereign people located within the States who have delegated same relation to the State as does the ordinary proprietor. As a portion of their sovereignty to the Federal Government, but a sovereign its property can not be condemned or taxed. But who have retained the major portion of their sovereignty, in­ while 'the sovereignty of the Federal Government can not be cluding complete control over the nonnavigable waters within lessened or shortened because of its proprietorship, neither can the States. the sovereignty of the State be infringed upon through that "The people " now have and hold these resources. They are proprietorship. managing and controlling them through state laws. The move­ LIMITED TO WESTERN STATES. ment for federal control is an attempt to take from them and Amid the yellow-tinted din and fury with which the demand give to the bureaus. for federal control of water powers has been vociferated· amid Mr. DOUGLAS. I am sorry to take the gentleman's time, the noise and exaggeration of truths half told, and truths not but I am really interested in his remarks, not in any antago­ told at all, with which the whole controversy has been cycloned nistic spirit. I am not controverting the statement of the gen­ upon the Nation, I fear that certain rather important matters tleman in this about " we " being the people of Wyoming and have been lost sight of. There has been much nerve-racking. Ohio and not of the District of Columbia or the United States, and blood-chilling talk of the imminent danger and awful con­ but what I want to understand is' this: I know the decision in sequences of an impending western water power trust, "not the Alabama case, and I do not think it is in conflict with the formed, but in the process of formation.'' proposition I now put, and that is this: The United States, And yet in all this bedlam ot assertion I have not heard a being the owner of the land on both banks of a stream, has whisper as to the necessity of controlling water-power trusts: exactly the same right to grant or limit the use and prescribe either "formed" or " forming" over the eastern two-thirds of rules under which this water shall be used as a private owner,, the United States, though I have noted that some writers on no matter whether in a State or Territory or wherever it may the subject so little understand our Government that they fail be. I would like to know if the gentleman controverts that to appreciate the profound difference between the assertion of proposition; and if so, why? state and fede1·al control Mr. .MONDELL. Not at all. This proposal of federal control of water power through the Mr. POUGLAS. The Mann bill simply provides that in mak­ agency of land ownership can only seriously affect a few ing a grant of public domain Congress shall make certain pro­ States, namely, Wyoming, Montana, Oregon, Washington, Cali­ visions with reference to the water. fornia, Utah, Colorado, Idaho, and Nevada, and the Territories Mr. MONDELL. I do not controvert the gentleman's state­ of Arizona and New Mexico, as they constitute the only por­ ment, and I do not see how anyone could. But the gentleman tions of the United States where there is any considerable must remember this-that the private owner of land has no amount of public land which could control power sites. The authority to in any way control the use and disposition of the federal paternalists seem content to leave the balance of the water that passes over his la.nd in States that have set up the States of the Union to their unhappy fates of monopolistic. rule of appropriation. The Supreme Court of the United States control. has recognized that. There is no question about it. There is FOREIGN MISSIONARY WORK. no such thing in my State: and other Western States as the The entire agitation, so far as the eastern press which has common-law rule of riparian rights. If the gentleman should been most active in promulgating it is concerned, has been in settle upon a tract of government land in that region that had the nature of foreign missionary work for the salvation of the a spring rising upon it, and acquire title thereto, his ownership benighted "heathen" of the West. Is New England burdened of that land would not, in itsel!i give him control over the with a power trust? Are the States of New York and Penn­ waters of that spring. sylvania in the clutches of such a trust? Has such a trust been Mr. DOUGLAS. That only proves the truth of the gentle­ formed and is it operating to the great detriment of all the man's statement, that he is no lawyer; because there is not a people of the States east of the one hundredth meridian? I dQ lawyer within the sound of my voice that does not know per­ not recall ever having heard that stated. And yet if the West, fectly well that the owner of land on both sides . of a non­ · with unlimited coal and oil, phenomenal opportunity for water­ navigable stream has absolute control of the water, not for the power development, and effective state control of the use of purpose of reducing it in amount, not for taking it away from water, is in danger of water-power monopoly, how sad is · the the man that lives below, but for his own individ~ legitimate situation of the eastern portion of our country with less uses. widely distributed stores of fuel, vastly greater demand for .Mr. MONDELL. The very statement of the gentleman from power, much less opportunity for water-power development, and Ohio illustrates one of the difficulties of getting even the less effective state control over the use of water. genesis of a statement relating to the western country in the Not only would the national control in question be limited to minds of very good lawyers from this side of the Father of a few public land States, but to a portion only of the power Waters. The gentleman is a good lawyer in Ohio, but he would, projects in such States, for the title to the major portion of I fear, fail on some points of law in Wyoming. The gentleman the lands bordering the streams outside of forest reserves, and does not seem to understand that the far Western States have therefore those most likely to be utilized in the development of all abrogated, or greatly modified, the common-law rule of water power and for irrigation. has long since passed into riparian rights and established, in whole or in part, the law of private ownership, and therefore, except as Uncle Sam might appropriation. blackmail projects by reason of the use of some fragment o:f Mr. RUCKER of Colorado. That was following a decision in the remaining public lands for right of way for canals and California forty years ago. transmission lines, most of the power development of even the Mr. MONDELL. The Supreme Court has recognized the right States mentioned would still be free from federal control. of the State to regulate the diversion and use of water. In the But I do not propose to rest my argument against the case of a spring such as I have referred to, before the owner of startling policies proposed on the ground that they affect only the land could obtain any legal right to the use of its waters, a limited portion of the irrigation and power development in as against any other claimant, he must apply to the state au­ a few of the States of the Union. I simply refer to that very thorities for the right to use it at a certain, definite place, for interesting feature of the situation to emphasize the fact that n. specific, beneficial purpose. Why, the control of the State is if a water-power monopoly is as menacing and imminent as asserted absolutely and not denied by anyone, and every i:rocess certain gentlemen imagine a.nd only the Federal Government and procedure from initiation of the right to the fixing of its can control it, and the plan of control proposed only affects limitations are, at all times, under the supervision of the portions of a few of the States of the Union, then the other sovereign people of the sovereign States. States of the Union, with their comparatively limited oppor­ Mr. DOUGLAS. That is certainly a very material change tunity for water-power development and their Yast industries, from the common law, which I was not aware of. are indeed in a desperate and: deplorable condition and ought Mr. MONDELL. I realize that the gentleman, good lawyer .right now to be surrendering their sovereignty and fleeing to as he is, has not had his attention called to that fundamental the protecting arms of the federal bureaucracy. difference between the law as practiced in the irrigation States I base my opposition to the whole plan of federal wntrol over the diversion and u e of water from non.navigable streams, and that of the nonirrigation· States. Now that the gentleman \ understands that there is no such thing as riparian rights to first, on the ground that it is a matter entirely beyonu ani:l water in these Western States, he will realize that the Federal outside the authority of the Federal Government; and, second, Government as a proprietor is in the same position as other because it is as unnecessary as it is oppressive and m1just to proprietors; that is, without any right to the use of water ex­ the States. cept as obtained through state laws. STA.TE CO~TnOI.. RECOG~IZED, While the Federal Government owns the public domain as a That the Federal Go>ernment owns the public lands as a proprietor, and not as a sovereign, it is of course true that by proprietor and not as a sovereign, and that such ownership \ 1909. CONGRESSIONAL RECORD-HOUSE. 269

by the Federal Government can not be used to establlsll regu­ inexhaustible store of coal and oil in ·these western States and lation and control over the waters within a State, has riot only Territories the phantom of a water-power monopoly becomes been settled in principle .by numerous Supreme Court decisions, indescribably grotesque and ridiculous. but is self-evident, else the people of the public-land States ~ORMOUS COAL SUPPLY. would not be secure in the enjoyment of equality of sovereignty Take, for example, the State of Wyoming. According to re­ and opportunity with the people of the other States, which is cent estimates o.f the Geological Survey the coal measures of their right. Wyoming contain 424,000,000,000 tons of coal. The entire out­ This is not the first time we have had to meet a demand for put of the United States last year was approximately 400,000,000 federal control over the use and distribution of water within tons, so that Wyoming alone could supply the entire Union, at the Western States. When the national reclamation law was the present rate of consumption, for over one thousand years. being framed the question arose and was presented and pressed When this supply was exhausted Colorado could fill the national in a variety of forms, but Congress and President Roosevelt coal bin for nine hundred years. The States of Montana, Wyo­ indorsed the view of those who stood for a full recognition of ming, Utah, Colorado, Idaho, Oregon, California, and Washing­ the right of the States to control in the appropriation and clis­ ton, and the Territories of Arizona and New Mexico, according tribution of water, and that doctrine was written in section 8 to the latest government report, contain coal enough to supply of thP. nr.t ns follows : the nation, at the present rate of consumption, over three thou­ SEC. 8. That nothing in this act shall be construed as a.frecting or in­ sand seven hundred and twenty-two years, and this could be tended to affect or to in any way interfere with the laws of any State or Territory relating to the control, appropriation, use, or distribution done without encroaching upon the thousand years' supply of o:t water used in irrigation, or any vested right acquired thereunder, Dakota lignites or the limitless deposits of high-grade coal in and the Secretary of the Interior, in carrying out the provisions of this Alaska. act, shall proceed in conformity with such laws, and nothing herein Mr. MADDEN. Will the gentleman yield for a question? I 1:1hall in any way affect any right of any State * • •. wish to know what the basis of the calculation is. AS TO "SQUANDERING" WATER POWER. Mr. MONDELL. The known area and the h'llown thickness There has been much loose talk about the Government "giv­ of the veins. ing a way power of incalculable value " and " squandering the l\fr. MADDEN. From which th~ gentleman reaches the con­ water power on the public domain." It would be as sane and clusion that it will last for three thousand seven hundred and sensible to talk about the National Government having given twenty-two years? away the bracing air and cloudless skies of that western re­ Mr. MONDELL. I have reached that conclusion by the very gion because it formerly owned all the land there. The Fed­ simple mathematical proposition of dividing the number of tons eral Government never had any water power on the nonnavi­ which the Government estimates is in the soil by the number of gable streams of the country to give away. They are the prop­ tons we are using per annum. erty of the people of the States, which it is now proposed to Mr. MADDEN. Does that take into account the probable turn over to a federal bureaucracy to manage and control by, increase in the population in the next three thousand seven for, nnd on behalf of the bureaucracy. hundred and twenty-two years? Not only is the right to control the use of the water of non­ Mr. MONDELil. I have stated my case very clearly, that navigable streams one of the reserved rights of the people, but if Wyoming, way off there in the mountains, should be called the people, through their state governments, are vastly better upon to supply our present 90,000,000 people-let us put it in I able to handle the matter in the interest of all concerned than that way-with all the coal that they need, that State could I the .. ·ntional Government. The clamor of a phantom power supply the coal for one thousand years. That is perhaps a little I trust, "not formed, but in the process of formation," is a clearer than the other way of putting it. If all those western I cren ture of an excited imagination, but if it had real form and States were cal1ed upon to supply 90,000,000 people, Ohio, subF:tance now, or in the future, the States are infinitely better Illinois, Virginia., West Virginia, and others having exhausted able to cope with such a combination than the Fedel,'Ul Gov­ their supply and having no coal at all, no oil, no gas, then that I ernn ent by reason of their complete control over the use of western supply would last 90,000,000 people for three thousand water within their borders and their exclusive jurisdiction seven hundred and twenty-two years. After that North Dakota O\er their own domestic corporations. could supply that number of people for another one thousand VAST OPPORTUNITY FOR POWER DEVELOPl\IE~T. and twenty-two years, and then Alaska, according to the latest The intennontane . and Pacific Coast States, which are the estimate, could supply us for another thousand and thirty or forty or fifty years. States that would be affected by the proposed Federal control OIL A.ND G.AS. oyer water-power sites, through the ownership of public lands, arc less in danger of the establishment of water-power monopo­ No one knows or can possibly estimate the ultimate oil and lies than any States in the Union by reason of the almost un­ gas supply of that great region. California has already devel­ limitecl possibilities for water-power development in the region. oped one of the greatest fuel-oil fields in the world. Wyoming According to government estimates, the Pacific Northwest is destined to be second to no State in the Union in her oil pro­ has water-power possibilities equal to one-third that of the en­ duction, and official and unofficial opinions alike credit this re­ tire United States. Not only have these States vast oppor­ gion with the certainty of phenomenal production of fuel oil tunities for water-power development, but as there shall be a and gas. demand for this water power, it can be developed more cheaply Whatever else may be our opinion of those who have at­ than in other portions of the country by reason of the fact that tempted to conjure up in this region-richer than any part of the rivers rising in the high mountains have a total fall of the world in possibilities of water power development; in stores from 3,000 to 8,000 feet, thus affording numberless opportuni­ of fuel-the phantom of a threatening power trust, we can ties for cheap power development. Every power development certainly give them credit for a superb imagination. The conserves and regulates the flow of water for the benefit of combination that could control power over that region would eYery other power development on the same stream, so that be so gigantic that by comparison the Standard Oil and steel through the improvement of transportation facilities, making trusts would look like the ragged remnants of a bankrupt sites more accessible, and the continual conservation and peanut stand. [Laughter.] steadying of the flow, each successive development becomes Of course the recital of these stupendous facts will not have relatively cheaper. the slightest effect upon 'the ardor with which certain people In a recent government report it is given as the opinion of will pursue their plans for the federalizing of the West. So the goyernrnent experts that 66,000,000 horsepower is a fair long as they can get any considerable number of really well­ and conservative estimate of the ultimate development of meaning people to accept, without questioning their assertion, water power in the United States. Of this the public-land that to filch from the people control over their local develop­ States to which I haye referred are capable of a development ment and domestic corporations and lodge the same with the of at least 33,000,000 horsepower, or practically one-half of the federal bureaus is conserving "for the benefit of ·the whole po sible de-velopment of the entire country, as the same report people " their frenzied propaganda wiil be carried forward estimates the possible development of the Pacific Coast States with sublime disregard for anything so inconsequential, from alone at 24,000,000 horsepower. their standpoint, as me.re facts. When we take into consideration the fact that the present ST.A.TE CO 'TROL THE MOST EFFECTIVE. water-power development of the entire country amounts to less But supposing that the States to be affected by these pro­ I than 6,000,000 horsepower we shall have some idea of the tre­ posals did not contain the most enormous stores of coal and mendous possibilities of this region in which lurid magazine oil in the world. Suppose their industries, present and pros­ writers and alarmed "conservationists" conjure up the phan­ pective, were entirely dependent upon the development of wa­ tom of a water-power monopoly. And when, in addition to ter power, and the opportunities for water-power development j those possibilities of water-power development, we look to the were limited instead of being unlimited ; were fully developed 270 CONGRESSIONAL RECORD-HOUSE. DECEMBER 20, instead of being developed to the extent of less than 5 per cent. will be reported favorably, in view of the charges that have Wha.t then? Why, even then there would not be the thread of been made, not against me specifically, but against the entire an argument for the proposed federal control: First, because Congress of the United States and against unnamed Members under our system of government it is impossible because un­ of this body. The American Flag, published at Cleveland, constitutional; second, because if it were constitutional it Ohio, in the interests of ship subsidy and of legislation of that would be unwise, harmful, and unnecessary by reason of the kind, has broadly charged that Members of the House have fact that the people of these States have clearly and definitely been bribed to oppose that measure. That charge has been assumed and do now exercise full and compl~te control over echoed by a rather prominent paper in the State of Texas, the the use and distribution of water, and can manage their do­ Texas Farmer, and both the American Flag and the Texas mestic affairs better than they can be managed for them. Farmer, I think, have been sent to every Member of this body. [Applause.] . If anyone has been neglected, it is an oversight, I think. I WYOJIUNG WATER .ADMINISTRATION. have not any idea that any Member of Congress has been bribed, Take my own State of Wyoming, for instance. Not a drop either for or against the ship-subsidy proposition, but I be­ of water can be turned from its natural course in that State, or lieve that the newspapers of the country owe a duty to the diverted for any use or purpose whatsoever, except by permis­ people to keep their sheets clean of foul insinuations and sion of the people of the State, as provided by the state laws. charges that are unwarranted by the facts, and that Congress The constitution of the State declares the waters of the State owes it to itself when it is so bespattered by any publications to be the property of the State. The only right that any one claiming to be responsible to set in motion some form of inves­ may acquire to any of the waters flowing through the State is tigation that shall set at rest charges that are calculated to the right to use, at a definite point, and for a specific beneficial leave a- stain upon this body,. when they are made broadcast purpo~, a portion of the waters of the State. No corporation, and go unchallenged before the country. I promised my Texas except it be organized under state laws, can secure any rights. paper that I would introduce this resolution, to which I was With ncinuse the right ceases. Any attempt to utilize the water challenged by it, and that every Member of this body who was .at another place, or for a different purpose than for which the opposed to any form of ship subsidy would vote for its adop­ right to use was granted, terminates the right. The control of tion in order that we might know the h·uth. the people of the State, through their splendid and active admin­ I believe that every Member of this body who is in favor istrative machinery, is complete, absolute, continuous. of the ship-subsidy legislation will be glad to let it be known Up to this time our people have not considered it necessary to what evidence, if any, of fact there is under these aspersions limit the duration of the right to use water for beneficial pur­ and charges. It they are baseless, if they are fabrics of the poses, because they have realized that so long as the control of imagination, they ought to be thrown to the winds; they ought the State is absolute and unquestioned it is comparatively imma­ to be stamped as untrue, and the public ought to know the terial whether or no the right to use water for a beneficial pur­ irresponsible source of these foul charges. All over this coun­ pose, under state control, is limited in time. I am inclined to h·y they are being scattered broadcast through the little organ the view that it would be wise to fix a time limit on the use of that heads the propoganda for the establishment of ship sub­ water for power purposes, but that is the affair of the people sidies in this counh·y, and also through its minor organs. Now, of the State, to be settled by them. while I have no fear that .any Member of Congress will be be­ · It may be that some ot the public land States have not pro­ smirched by an investigation, I do believe that money has been T"ided for the complete control of the use of waters within their expended in buying and corrupting the public press of this borders. It is possible that in none of them the laws are per­ country to advocate a _measure under the guise of pah·iotic fect. The fact remains; however, that nowhere, except in the devotion to the flag. [Applause.] people, to be exercised through state agencies, rests sovereignty Mr. Speaker, the devotion to the flag that spells itself in and control over the nonnavigable waters of a State, and the dollars and cents, and the advocacy of which means the con­ people of these western States have not only realized that fact, version of papers all over this country from former opposition but have clearly and definitely asserted that control by modify­ to present support of that policy, I think, is worthy of inves­ ing, or entirely abrogating the rule of riparian rights, substi­ tigation by this body, and I hope we will get a chance to cre­ tuting therefor the law of appropriation, and setting up admin­ ate a committee to investigate the whole matter and let the istrative machinery for the regulation and control of the use country know what there is in these charges of bribery and of water. corruption. And if any money has been spent to buy news­ THE MOVEMENT FOR FEDERAL CONTROL. papers, Congressmen, or lobbyists to favor or oppose this sub­ This clamor for federal control over water and water: power sidy legislation, the country ought to know it. [Applause.] is but one phase of a general movement in the direction of Mr. 1\1.A.NN. l\fr. Speaker, I ask unanimous consent that I be filching a way the reserved powers of the people and lodging permitted to address the House for five minutes. them in federal bureaus. Sugar coated with an appropriation, The SPEAKER. Is there objection? or the hope or promise of the expenditure of federal cash, it There was no objection. seduces some of the most ardent States' rights advocates. Ad­ Mr. MANN. Mr. Speaker, I did not have the pleasure or the vanced with the extraordinary argument that to take authority honor of listening to this speech of the gentleman from Wyo­ from the people locally and loage it with a federal bureau is ming [Mr. l\IoNDELL], excepting at the latter part of it, but I " saving" something for " all the people" and from the " in­ have heard his views upon the subject so often in regard to the terests," and backed by the demand of a certain section of the western country that I fully appreciate his position. I did not press, inspired by socialistic government bureaus, the propa­ hear the gentleman's reference to a bill which I have intro­ ganda has much influence with some legislators. duced in this House, but if the statements of other gentlemen I care not what others do or think touching these matters. to me as to the statements of the gentleman from Wyoming are For myself, I am still a believer in our dual form of government; correct, either the gentlemari from Wyoming has not read the still wedded to the belief that the people are better qualified bill or else he is incapable of fully appreciating its language. to manage their own affairs than federal departments are . to l\Ir. MO~DELL. Will the gentleman yield? manage them for them. [Applause.] But whether I held these Mr. MANN. Yes. views or no, if I were as fearful of the ability of the people to .Mr. MONDELL. Mr. Speaker, I think I made no statement govern themselves and attend to their own affairs as some in regard to the gentleman's bill to which he will take excep­ seem to be, I hold no credentials authorizing me to aid and tiQn when he reads my remarks in the RECORD. I think that assist in a programme which has for its purpose federal inter­ my statement in regard to the intent and purpose and scope of ference with the reserved rights and powers of the people who his bill will not be denied as being his intent by the gentleman sent me here. I can not forget, and I shall not forget, that the from Illinois [Mr. MANN]. people of my State have said in their organic act- Mr. l\IA.1'1N. Mr. Speaker, there is no question of personal The water of all natural streams • • • within the boundaries controT"ersy between the gentleman from Wyoming [Mr. l\IoN­ of the State are the property of the State-- DELL] and myself. I simply arise to state the purpose of that and that Congress has ratified that declaration. bill, so far as it relates to anything that the gentleman has I should be false to my oath and recreant to my duty should said. The bill that I introduced, to which the gentleman re­ I favor these policies which are in violation of that declara­ ferred, proceeds upon the basis. that the Government can give tion. [Applause.] or refuse to give consent for the construction of dams, first, Mr. HARDY. Mr. Speaker, I ask unanimous consent that I across navigable streams in the United States, where every­ may be permitted to address the House for five minutes. body admits that the States have no authority to gir-e the The SPEAKER. Is there objection? right to c~nstruct a dam across the stream, and, second, across There was no objection. streams where the Government owns the public land on one or Mr. HARDY. .Mr. Speaker, I wish to say to the Members both sides of the stream. If the gentleman contends that as ot the House that I have introduced a resolutio~ which I hope to the construction of a dam across a stream in a forest reser- 1909. CONGRESSIONAL RECORD-HOUSE. 271

vation the Gov-ernment has no control over the right to con­ The SPEAKER. Is there objection? [After a pause.] The struct the dam, then the gentleman and I are as far apart as Chair hears none. t,he two poles on that proposition. If he contends that where Mr. WILSON of Pennsylvania. Mr. Speaker, section 7 of the the Government owns public land on one side of a nonnavigable act temporarily to provide revenue and a civil government for stream, the State, without the consent of the Federal Govern­ Porto Rico, and for other purposes, provides that the inhabitants ment, can authorize a construction of a dam contrary to the continuing to reside therein, who were Spanish subjects on the law of the United States, then the gentleman and I are as far 11th day of April, 1899, and those residing in Porto Rico and apart as the two poles, and those are the only propositions in their children born subsequent thereto shall be deemed and held the bill which I have presented. to be citizens of Porto Rico, and as such entitled to the protec· Mr. DOUGLAS. Mr. Speaker, I would like to call the gentle­ tion of the United States. By providing this form of civil gov­ man's attention to the language of the bill which was quoted ernment for Porto Rico we made its inhabitants citizens thereof, by the gentleman from Wyoming-- but did not make them citizens of the United States. Mr. MANN. Which was not quoted, or which was misquoted, As Porto Rico has no standing an10ngst the nations of the probably not intentionally. earth, it has placed its inhabitants in the peculiar situation of Mr. DOUGLAS. Of course I do not think the language in being a people without a country, and if any of its inhabitants any manner capable of the construction given to it by the gen­ migrate to the United States they can not become citizens of our tleman from Wyoming [Mr. Mol\TDELL]. The language is as country, because they have no formal allegiance to forswear. follows: When traveling or trading abroad they have not the advantage That in the case of construction of a dam or accessory works across or in any nonnavigable waters, which waters or the land adjoining the or assistance of our consular service, because they are not citi­ same shall belong to the United States and be under the jurisdiction zens of the United States, not being taken over by the United of the Department of Agriculture- States Government. They lost their Spanish citizenship without .And so forth. gaining citizenship in any other recognized country, and the In other words, it is a sine qua non so far as this bill goes, result has been injurious to the progress of Porto Rico and the that the land shall belong to the United States, and the water. advancement of the Porto Ricans. The reactionary element The bill does not undertake to say when they do or do not amongst the residents of that island are using the plea of no belong. citizenship as a means of fomenting discontent with the United Mr. MANN. Of course the gentleman from Wyoming is so States Governinent. By amending section 7 of the act referred strong in ·feeling on this point that he ought not to be blamed to, so as to make the residents of Porto Rico citizens of the even for misunderstanding a bill introduced by somebody else. United States, this element of discontent would be removed and Mr. MONDELL. Mr. Speaker, I think I did not misunder­ the founruition laid for greater material, mental, and moral stand the gentleman's bill, and there is no reference in the bill progress of the entire population of that island. Several bills to the ownership of the Federal Government to the land on one have been introduced with that object in view; one of them side or both sides of the stream. The bill refers to waters be­ should be enacted into law. The view point of the common longing to the Government. I do not know what waters belong people of Porto Rico has been clearly and definitely expressed to the Federal Government. I do not know that the Federal in the following letters addressed by the Free Federation of Government owns the waters. Labor of Porto Rico to the President and to the Secretary of Mr. MANN. Perhaps there is no reference to land-- Agriculture : Mr. MONDELL. It says the dam shall be on land owned FREE FEDERA..TION OF LABOR, .PORTO RICO, AFFILIATED WITH THE AMEIUC.AN FEDERATIO){ OF LABOR - by the Government. Washington, D. 0., November 27,' 1909. Mr. MANN. It says "that in case of the erection of a dam Sm: We, as the authorized and directed representatives of the Free or accessory works across or in any nonnavigable waters, which Federation of Labor of Porto Rico, have the honor to submit to you waters or the land adjoining the same shall belong to the United the following statements : Two years ago a labor deleO'ation from Porto Rico petitioned Presi­ States," and be under the jurisdiction of the Department of dent Roosevelt similarly as foiiows herein. President Roosevelt prom­ Agriculture in one case and the Department of the Interior in ised Mr. Samuel Gompers, president of the American· Federation of the other case. Labor, and the labor delegation from Porto Rico, within the limits of bis power, to cause a change for the better for the bene1it of the popu­ Mr. MONDELL. The land adjoining the dam or water at lation of the island by directing the officials there to discontinue the some point policy followed theretofore for the Americanization of the island and Mr. l\IA.NN. Very likely the land adjoining the water where that new methods in harmony with American principles and Ideas should be established. But conditions prevail generally as before. the dam is constructed. More than 600,000 agricultural and industrial workers, including Mr. MONDELL. The bill does not say that. men, women. and children, are at present in Porto Rico in economical Mr. MANN. The bill does say that. Anybody on earth ex­ and social deplorable conditions. Wages are now as low as 25 cents and 50 cents, respectively, for ten hours' work a day, paid to those cept the gentleman from Wyoming can see that, but the gentle­ who are working in agricultural fields. The price of living has in­ man from Wyoming is so constructed and so wrought up over creased 40 per cent, due to the consolidation of business concerns. this subject that any bill offered by any Member of Congress There is a. contempt for the man who works. The toilers have no economic power or political influence. American and Spanish sugar east -of the Rocky Mountains is a red rag to the bull from corporations practically, with their big plantations, have many thou­ Wyoming. [Laughter and applause.] sands of serfs. l\fr. MONDELL. The gentleman from Wyoming is very · The power of the Porto Rican workers to insist upon fair and rea­ sonable conditions of labor ls now and has been for decades, and may earnest, but not at all wrought up, because. he realizes this for generations continue to be, far· less than that of the workmen of House is not going to pass an unconstitutional bill. the United States or of the countries of western Europe. It is not probable, under present conditions and without the benefit of progress­ ORDER OF BUSINESS~ ive education, that the people of the country will be able to obtain Mr. GARDNER of Michigan and Mr. WILSON of Pennsyl­ more favorable terms of employment and more reasonable conditions of labor without the intervention in some way of governmental authority. vania rose. The demands of the people for better conditions of labor are and will Mr. WILSON of Pennsylvania. Mr. Speaker, I ask unani­ be opposed by the interests of those who insist that the workers are mous consent-- of a low type, just as their demands for education may be opposed on The SPEAKER. The Chair must recognize the gentleman the ground that their work must remain unskilled. You, Mr. President, have ln your hands the destinies of the poor and who is in charge of the District of Columbia bill to call up that humble people of Porto Rico, and if you are going to raise the standard bill. If the gentleman from Michigan desires to give way-­ of the workers from the conditions of serf you must recommend beartliy Mr. WILSON of Pennsylvania. Mr. Speaker, I ask unani­ and sincerely to the representatives you have appointed for Porto Rico that they shall protect and pro ~ecute the work of true American.iEation mous consent-- by giving the opportunity for education to the entire population of the Mr. GARDNER of Michigan. Mr. Speaker, I would like to island and through the intervention of governmental authority secure say to the gentleman from Pennsylvania that it will consume more humane and civilized conditions for the laborers. We do not ask at this time self-government for our island, because but very little time to :finish this bill, and the committee has we are convinced that those who are in a position to rule our affairs patiently waited until now. would bring slavery, ignorance, and disgrace for the 90 per cent of the l\Ir. WILSON of Pennsylvania. But it will not take more population. We want to be American citizens and to be protected as Americans. We have a great deal of reactionary and anti-American than a minute to ask my unanimous consent. politicsi owing to the education received from our old Spanish masters. Mr. TAWNEY. Mr. Speaker, I suggest to the gentleman The egislative assembly . of Porto Rico, dominated by the Unionist from Pennsylvania th.at when the consideration of the District party, has committed itself against the enactment of labor luws to better the condition of the workmen, and, furthermore, no serious rec­ bill has been concluded it will be time for him then to ask ommendation to that effect has ever been made by the governor of the unanimous consent. island to the legislature. At the same time capital is afforded every Mr. FITZGERALD. I suggest that the gentleman state opportunity to utilize its resources and encroaching power to the detri­ ment and injury of the labor interests the needs and problems of which what he wants, and then we may be glad to yield him the de­ are ignored and contemptuously treated.1 sired time. We are of the opinion that until a much larger portion of the people l\Ir. WILSON of Pennsylvania. Mr. Speaker, I ask unani­ of Porto Rico .know how to read and write the executive council should be appointed by the President of the United States, without any re­ mous consent to extend my remarks in the RECORD on the sub­ strictions whatsoever, and that the present form of constituting the ject of American citizenship for Porto Rico. council should be continued. 272 CONGRESSIONAL RECORD-HOUSE. DECEMBER 20,

We believe that if the present system of the council is changed it ments of labor and industrial pursuits in the island ; to the subjects would be delivering the island to the reaction of monarchial and clerical of cooperation, strikes, and other labor difficulties; to trade unions origin. This is the element in whose hands the fatal ignorance of the a.nd other labor organizations and their etl'ect upon relation of labor people has put the power of the greater majority of the voters of the and capital; to matters relating to the commercial, industrial, social, island, and for this reason the educational, economic, and political educational, moral, and sanitary conditions prevailing within the dif­ interests of the island would retrogress. ferent producing districts in Porto Rico ; and the exploitation of such The existing system of the council is not democratic, but in practice other subjects as will tend to promote the permanent prosperity of it has made the island progress with intensity, and it should continue the respective industries in this island. It should also be the duty of its work under the control of honest and competent Americans and the department to cause to be enforced all laws regulating the em­ Porto Ricans appointed by the President of the United States until in ployment of children, minors, and women; all laws established for the the future the people in their majority, by means of public education, protec~ion of h~alth, lives, and limbs of operators in workshops and have absolutely acquired the customs and practices of self-government, factories, on railroads, and other places, and all laws enacted for the whose principles are the mainstay of the American Nation. protection of the working classes now in force or that may hereafter We have at the present time in Porto Rico some 200,000 children under be enacted. 14 years of age who are being deprived of an education on account of The necessity of the encouragement of agriculture in Porto Rico was the fact that the local legislature has failed to provide a sufficient realized as early as 1544 by the bishop, and he called the government's number of schools and teachers where such education could be given. attention to the matter. A government loan was made in 1546 for Only one boy or girl out of five is attending a school in Porto Rico, and the erection of two sugar-cane mills. Other loans followed, but re-. it is im~ortant that you may know that most of the men of local in­ strictions and monopolies counteracted what little was accomplished. fluence m the country towns have the opinion that it is unwise to Abbab gives agricultural statistics of the island in 1776, and the com­ spend money in educating children that ordinarily are working in paratively large capital in stock and produce at a time when it was agricultural fields. The view of our politicians is that the Porto said of the agricultural population : " They scarcely know what im­ Rican workman is to be a peon, and therefore he does not require any plements are ; they do not plow ; they look on all manual labor as schools. A large number of children are now being employed and degrading," is one of the earliest proofs of the great natural resources exploited in factories and other establishments, with great risk to their of the soil. lives. The agricultural wealth -of Porto Rico in 1830 was valued at about The insular administration in Porto Rico is engaging In public work $37,000,000, but during the nineteenth century the condition of the nn important amount of convict labor without profit to the people, island, dependent then, as now, on the products of its soil, varied and to the detriment of many hundreds of laborers who are deprived with the many changes in· the laws imposed by Spain. An article ad­ thereby of the opportunity of earning an honest living. dressed to the minister of colonial affairs by the director of the " Esta­ The general commercial prospect of the island is good. The sugar, cl6n Agron6mica,'' of Rio Piedras, June 21, 1897, says, in part: fruits, and tobacco business is in a prosperous condition, but we find "The plants which constitute the principal wealth of Porto Rico are that the money goes out from the island, being usually sent to Spain, coffee, sugar cane, and tobacco ; the minor products are corn, rice, the France, and Germany, where, as a rule, most of the absentee landlords pineapple, the plantain, the cocoanut palm, and a few others. The reside, leaving the workers of the country in misery and need. pineapple, plantain, and other fresh fruits, from their nature, can not The declaration of free trade with the United States meant an in­ endure delay in warehouses, waiting for a good market, therefore their crease of prosperity in the business of the sugar and tobacco indus­ production must be limited to local consumption ; they can not be ex­ tries of Porto Rico, but it is true that since that time the increase of ported in any considerable quantity because of economical and physical the cost of living has been 45 per cent, while the wages have been impossibilities." advanced only 15 per cent. The royal decree of November 25, 1897, provided for a secretary of Sanitary conditions in Porto Rico are extremely bad. We believe agriculture, industry, and commerce. Certainly that was a step in the that sanitary reforms must be enforced and a sanitary law must be right direction, but still trade had to be carried on in Spanish vessels~ established at once in Porto Rico. the mother country was a long way off, export duties were charged, ana You, Mr. President, have It within your power to effect a change for there was only one regular steamer a month between the Island and the better, for the benefit of the population of the island, by directing Spain. the officials there to give more attention to the aspirations of the On the whole, these conditions have been very much improved by working people, to the end that new methods in harmony with Ameri- free trade with a near market and some local legislative encourage­ can principles and ideas may be established. · ment, but there remains much more to be done. The per capita wealth If, however, the island be utilized merely or primarily as a means of the island to·day is only $200. . of providing opportunities for investment and commercial exploitation Section 134 of the Political Code of Porto Rico provides for "A by American citizens ; if the policy of educating the feople be held up chief of agriculture and mines, which shall have charge of all matters on account of its expense and alleaed uselessness ; i the standard o.f relating to agriculture and related industries, mines, and minerals" living of the people be not raised, the condition of the people of Porto in the Department of the Interior, but the attentions of that bureau Rico laboring class after one hundred or two hundred years will be have been devoted to clerical work rather than to a study and stimula­ no better than it was in the year 1898, when the sovereignty of Spain tion of agriculture and industry. gave way to the dominion of the United States of America. An act of the legislative assembly, approved March 10, 1904, author­ Now permit us to present to you the following resolutions, to which izes " agriculturists to contract loans guaranteed by products and we ask you to give your favorable consideration: agricultural Implements," but it does little good to allow a farmer to 1. That American citizenship be granted to the people of Porto borrow money when he has no one to borrow it from. The banks on Rico. the island will advance money only on large plantations and practi­ 2. That the school appropriation be increased to twice the amount cally all of these are in the hands of the very wealthy and of corpo­ now expended annually. rations. The restrictions on corporations imposed by the Foraker Act 3. That the salaries of the Porto Rican school-teachers be placed have not accomplished their purpose. The small planter must borrow on the same rank as those paid to American teachers. . money from the same corporation that sets the price on his produce 4. That the eight-hour working day act and the employers' liability and that is little better than working for wages, even where such act of the United States become a law of Porto Rico and enforced by wages average less 1han 50 cents a day. The sugar-cane and tobacco the different beads of the insular departments. industry tell practically the same story, and the plight of the coffee 5. That convict labor be abolished in public works. grower is sadder still. 6. That workmen engaged in government work in Porto Rico be paid While the production and manufacture of sugar cane and tobacco living wages and proper increase over the 50 and 60 cents for ten have developed rapidly with the introduction of capital and modern hours a day scale. methods, tbe production of coffee, the crop best adapted to the capac­ 7. And having such power in your hands, you, as President of the ity and ability of the poor farmer, is on the wane_ Thousands upon United States, recommend to the ~overnor of Porto Rico to cause the thousands of small landholders in the Southern States get their pro­ introduction of bills in the executive council of Porto Rico tending to visions and supplies from their merchants on credit or borrow money the enactment of the following acts by the executive council and insu­ from the bank to run them through the year and pay it back with lar legislature: their first bales of cotton. Imagine what those farmers would do if An act to protect the agricultural laborer working in sugar and such credit should cease, and at the same time it should become possi­ others from the mercilessness of trusts-sugar factories-that is to ble for some foreign country to produce cotton much cheaper. Imagine say: the results of such a thing and you will be able to appreciate the cof­ An act providing for a thorough inspection of factories, shops, gov­ fee producer's condition in the island to-day. Porto Rican cofl:'ee can ernment buildings, and all kinds of establishments, for the purpose of not compete with Brazil's coffee in the American market, and high improving the sanitary conditions thereof; tariffs keep it out of Europe. The establishment of a branch of the Labor Bureau in Porto Rico An act of the legislative assembly, approved September 18, mos for the benefit of the people of the island ; and provides for "The construction of an irrigation system,'' situated ap~ The enactment of a law prohibiting the employment of children proximately between the Patillas and Portuguese rivers, in the south­ under the age of 14 years m factories, workshops, and like estab­ ern part of the island, and for a $200,000 appropriation to begin such lishments. work. The same session authorized a $3,000,000 bond issue to provide Hoping for your favorable consideration of the above, we remain, funds for the proposed system of irrigation. The svstem is now under Very respectfully, yours, construction and portends much good. The sou'thern part of the island is subject to drouths. The irrigation system will water about SANTIAGO IGLESIAS. 25,000 acres of land now cultivated and over 5,000 acres now largely .Alm.A.HAM PENA. arid. This is almost the only substantial assistance the insular gov­ Hon. WILLIAM H. TAFT, ernment has given the Porto Rican farmer in a period of nine years­ President of the United, Btate8, Washington, D. 0. that, too, in a country where agriculture is and of necessity sball al­ ways be the source of natural wealth. The island's mineral resources have been about exhausted. '.rhere are no prospects for manufacturing FBEE FEDERATION OF LABOR, PORTO RICO, other than the making of cigars, cigarettes, sugar, and a few hats. AFFILIATED WITH THE AMERICAN FEDEilATION OF LABOR, There are no coal mines to feed factories, but better conditions of Washington, D. O., .Novembet· £1, 1909. climate and soil will not be found in the Tropics. The large amount Sm: We submit to you the following suggestion : of sugar cane and tobacco now produced and the rapid development We believe that it would be a good measure, as important as men­ of the production of pineapples in the last few years bear witness to tioned in our general petition, to establish a department of agricul­ this fact. Only four-fifths of the island is under cultivation, nnd the tural commerce and labor, with the same power and prestige as the capacity of even that part has hardly been tested. Yet all this and other government departments, which should have the control of all the extremely low wages paid for day labor have not made the neces­ questions which relate to labor, commerce, and agriculturei taking as sities of life cheap. The poor man bas only one substantial food that a basis the department in Washington and carrying out its abors with is cheap, and that is fruit. the same purpose on behalf of the producing classes in Porto Rico. An act of the legislative assembly, approved March 11, 1909, appro­ We have not any office or official in the government of Porto Rico priated $3,000 to assist the agricultural institute of arts and trades that has the duties of taking care of labor affairs as a bureau of sta­ at Lajas. It provides also that "the president of the institute shall tistics and to benefit in many ways the conditions of the workers of present to the legislative assembly a detailed report of the work done the island, preparing semiannual reports to the governor, and trans­ in his institute during the year. Such matters should be under the mitting to the legislature statistical details relating to all depart- supervision of a department, and not left to occasional legislative treat- 1909. CONGRESSIONAL RECORD-HOUSE. 273

ment. Other such schools should be established. Methods !>f improv­ The Clerk read as follows : ing fruits and fighting plant !lisease sho1:1d be carefull:y studied. If an intelllgent and prosperous middle class is to be established, the condi­ Amend by adding a new section to be known as follows : tion of the day laborer and the farm hand must be improved. " SEC. 8. That hereafter the Vice-President, Members, and Delegates An attempt was made during the last session of the legislature to to Congress shall have the privilege of sending free through the mails establish a board of agriculture and forestry. Much better and more as under their frank any labels bearing their frank which are to be efficient would be a department of agriculture, commerce, and labor, that used for mailing seeds, public documents, or matter upon official or would devote its tlme to the study of this all-important matter; that departmental business." would encourage the small farmer, improve methods of transportation, and help the poorly paid laborer in the pursuit of happiness. . l\Ir. FITZGERALD. Mr. Chairman, I reserve a point of Hoping for your favorable consideration of the above, we remam, order on the amendment. It seems to me that the District Very respectfully, yours, . SANTIAGO IGLESIAS. appropriation bill is no place in which to enact legislation like ABRAHAM PENA. that. Hon. WILLIAM H. TA.FT, . Mr. LIVINGSTON. I will ask the gentleman -not to make P1·esident of the U1iited States, Washington, D. C. the point of order yet. Will the gentleman permit me a word? DISTRICT OF COLUMBIA APPROPRIATION BILL. 1\Ir. MURPHY. Yes. · l\fr. GARDNER of Michigan. l\Ir. Speaker, I move that the Mr. LIVINGSTON. The malling lists required by the De­ House resolve itself into the Committee of the Whole House on partment of Agriculture, Mr. Chairman, should have been the state of the Union for the further consideration of the bill out before this time, so that Members could have gotten their (H. R. 14464) making appropriations for the District of Co­ seeds home by planting season. But the Post-Office Department put an embargo upon these slips and refused to let them ~o ,.--., lumbia. through the mails, as they have heretofore gone. Therefore it The motion was agreed to. _ has caught a great many l\Iembers napping, and it is something · Accordingly, the House resolved itself into the Committee of new on the part of the department and altogether out of place, the Whole House on the state of the Union for the further con­ in· my opinion. I refer to the slip marked, say, to T• Mr. John sideration of the blll H. R. 14464, the. District of Columbia · J'ones, Jonesville, Ga.," and which also contains the words appropriation bill, l\Ir. OLMSTED in the chair. - "vegetable seeds," with the frank above, that goes over to the l\fr. GARDNER of Michigan. Mr. Chairman, it will be re­ Department of Agriculture and is put upon the packages -by membered that when the committee rose it was with the under­ the clerks employed for that purpose and the seeds shipped standing that the Committee on Appropriations would be given from there. It is as much entitled to go through the mails as time to further complete the bill by an inspection of certain the seeds are entitled to go through. That is the purpose, I streets recommended for improvement. With that in view, I aslr presume, of the gentleman's amendment unanimous consent to return to page 29 of the bill and insert, l\ir. MURPHY. Now, Mr. Chairman, I hope the gentleman after line 25 the following, which I send to the Clerk's desk: from New York [Mr. FITZGERALD] will not insist upon his point The CHAiRUA~. The Chair will state that it is not neces­ of order for this reason, that this amendment is as much in sary to ask unanimous consent in order for the gentleman from order, so far as the rules are concerned, on this bill as on any Michigan to offer his amendment. The Clerk will report the other bill. It would not be in order on the post-office appro­ amendment. priation bill, neither would it be in order on the agricultural The Clerk read as follows: appropriation bill, and the only way to get it there would be On page 29, after Une 25, insert : by an independent bill. Several of the Members of Congress "Northeast: Rhode Island avenue, Lincoln road to Fourth street, haye had their seed labels held up. I for one, and you can grade, "10,000; t t 2- f t "Northwest: Otis street, Thirteenth to Fourteenth s ree s, o ee . not even send a public-document label through the mails now Thirteenth to Holmel!d streets, 30 feet. Thirteenth to Fourteenth without paying the Post-Office Department or sending it by } streets, grade and improve, $5,400 ; . "Nort heast: Twenty-fourth street, Rhode Island avenue to Irvrng express. And I believe the law covers it now, and I believe J street, grade and improve, $1,900 ; . under the law it ought to go through, but the Assistant " Northeast: Ninth street, Monroe to Newton str~ets, grade and im- Attorney-General of the Post-Office Department has ruled pr?,v~or~~·J-~s~; Monroe street, Thirteenth to Fifteenth street, grade and otherwise, and I presume every Member of Congress has re­ 0 ceived a circular from the Chief· of the Bureau of Plant In­ lmR~6~tht~~t°: \rarnum street, Georgia avenue to Eighth street, grade dustry to that effect. It is merely to remedy that, in order that and improve, $2,400 ; " Northwest : Third street and Marlboro. place, north of Shepherd we may send public-document franks and seed franks through street, grade and improve, $2,600; the mails, as it was intended they should be. " Northeast: Twenty-second street, Rhode Island avenue to Lawrence Mr. FITZGERALD. It is such an incongruity to put this on street, grade and improve, $2,300 ; "Northeast: Evarts street, Twentieth to Twenty-second streets, a bill making appropriations for the District of Columbia that grade $1,600; . it seems almost ridiculous. :Moreover, adopting this amend­ " Northwest: Quincy street, between Fifth and Seventh streets, grade ment would not be the slightest benefit to the gentleman and and improve, $2 900 ; . "Northwest: Colorado avenue, Fourteenth street to A road, grade others who are in his predicament. This bill will not become and improve, $7,000; a law until some time in February, probably, if then, and by "Northeast: Kearney street, Thirteenth to Eighteenth streets, grade, that time the seeds will all be sent out. It seems to me we provided the land necessary to open this street is first dedicated to the District of Columbia without cost, $4,700; and ought to at least keep these appropriation bills as free from "Northwest: Kennedy street, from Fourteenth street to Sixteenth legislation that has no relation to the subjects in them as pos­ street grade and improve, provided the land necessary to open this sible. If everybody has finished his remarks on the amend­ street' within the limits named be first dedicated to the District of Columbia without cost, $5,600." ment, I shall insist on the point of order. The CHAIRJ\.1AN. The amendment proposes legislation upon l\Ir. GARDNER of Michigan. I move the adoption of the an appropriation bill, in plain violation of section 2 of Rule amendment. XXI. The Chair is therefore compelled to sustain the point Mr. MANN. May I ask the gentleman a question? What of order. is the total amount now? Seventy-five thousand dollars? l\fr. GARDNER of Michigan. Mr. Chairman, I move that Mr. GARDNER of Michigan. Yes, sir. the committee rise and report the bill with sundry amendments Mr. MANN. Is the total reduced from $75,000 to $50,500? to the House with a fayorable recommendation. Mr. GARDNER of Michigan. Yes. The motion W!l-S agreed to. The CHAIRMAN. The question is on the amendment offered The committee accordingly rose; and the Speaker having by the gentleman from Michigan [Mr. GARDNER]. · resumed the chair, Mr. OLMSTED, Chairman of the Committee The question was taken, and the amendment was agreed to. of the Whole House on the state of the Union, reported that Mr. GARDNER of Michigan. Mr. Chairman, I desire to in­ that committee had had under consideration the bill H. R. sert the following amendment on page 30. 14464, the District appropriation bill, and had directed him to The CHAIRMAN. The gentleman from Michigan offers an report the Eame back to the House with sundry amendments, amendment, which the Clerk will report. with the recommendation that the amendments be agreed to The Clerk read as follows: and that the bill as amended do pass. · On 8age 30, line 5, strike out $75,000 and insert in lieu thereof The SPEAKER. Is a separate vote demanded on any of the $50,50 . amendments? The CHAIRl\fAN. The question is on agreeing to the amend­ l\Ir. GAilD~XER of Michigan. Mr. Speaker, I morn the pre­ ment. vious question on the bill and amendments. The question was taken, and the amendment was agreed to. Mr. l\IACON. Before the gentleman moycs the pre>ious 1\Ir. 1\IUilPHY. Mr. Chairman, I desire to offer an amend­ question, I would like to ask if it is his purpo e to ha•e the ment, which I send tO the Clerk's desk. Clerk correct the totals in some of those items? '.fl::!.e CHAIRl\L~'· The gentleman from Missouri [Mr. MUR­ 1'Ir. GARDNER of Michigan. I make no objection, ancl that PHY] offers an amendment, which the Clerk will report. will be understood. XLV-18 274 CONGRESSIONAL. RECORD--HOUSE. DECEMJ3ER 20,

The SPEAKER. Without objection, the Clerk is authorized can not afford to longer sit idly by and permit this discrimi­ to correct the totals, and, without objection, the previous ques­ native, unjust law to disgrace our statutes. tion is ordered on the motion of the gentleman from Michigan. Mr. Speaker, this House can not afford to condone a wron ... • Is a separate yote demanded on any amendment? If not, the and if it is not wronc for one lawful industry-the dairy i;: -rote will be taken on the amendments in gross. dustry in this instance-to destroy another lawful industry­ No separate vote was demanded. the oleomargarine industry-then we must under such a code of The question was taken, and the amendments were agreed morals repeal the golden rnle "Do unto others as you would to in gross. haye others do unto you,'' and substitute the robber's plea The bill was ordered to be engrossed for a third reading ; that " Might makes right,'' and also change the golden rule so and being engrossed, it was accordingly read the third time as to read, " Do the other fellow before he does you." This and passed. · dairymen's law (the Grout law) will not let the manufucturerg of oleomargarine color their oleo, yet the creameries color their On motion of Mr. G.utDNER of Michigan, a motion to recon­ own butter. · sider the Tote by which the bill was passed wa.s laid on the · This combination of dairymen have, by the passage of the table. Grout law, driven oleo out of the .market and raised the price RESOLUTIONS OF THE TEXAS CATTLE RAISERS' ASSOCIATION. of creamery butter from 30 to 100 per cent, thus forming, by Mr. STEPHENS of Texas. Mr. Speaker, I desire to ask this law, the butter trust, one of the worst trusts now fleecing unanimous consent to print in the RECQRD resolutions of the the people. Many labor unions have been fighting and reso­ Texas Cattle Raisers' Association relating to oleomargarine, luting against this outrageous law ever since its enactment took away from them the oleomargarine, that was their substi· and also to terminal charges on cattle shipments. tute for and competitor with butter, and kept its price in due The SPEAKER. The gentleman desires to haTe printed in bounds. Congress must very soon listen to these laboring mil­ the RECORD resolutions of the Texas Cattle Raisers' Associa­ lions and restore to them Uie food they have deprived them of tion. Is there objection? so unjustly, and at the same time restore to the cattlemen and Mr. MANN. If the gentleman desires leave to extend his the cotton raisers the market for their product so unjustly: remarks, I have no objection. taken from them by this Grout law. ' Mr. STEPHENS of Texas. Then I ask to have such leave: l\lr. Speaker, the cattle raisers of Texas by another resolu­ The SPEAKER. The gentleman from Texas asks leave to ex­ tion desire to secure legislation to prevent railroads from tend his remarks in the RECORD. Is there objection? [After a charging unreasonable rates, as terminal charges on cattle pause.] The Chair hears none. . shipped to Chicago. Their resolutions are as follows, viz : · Mr. STEPHENS of Texas. Mr. Speaker, I have asked unani­ RESOLUTION ADOPTED llY THE EXECUTIVE COMMITTEE OF THE CATTLE mous consent to present to the House at "this time a resolution RAISERS' ASSOCIATION OF TEXAS, DECEMBER 14, 1909. adopted by the Cattle Raisers' Association of Texas on Decem­ Whereas the Supreme Court of the United States bas recently held that in the case of the Interstate Commerce Commission v. A. B. Stick­ ber 14, 1909, for the reason that the tax on the manufacture and ney et al. that the Interstate Commerce Commission is without power sale of colored oleomargarine under what is known as the " Grout to regulate the amount of terminal charges Imposed on the shipments bill" has materially injured the business of cattle and cotton of live stock for terminal service wh~re the railroads have already re­ tained in the through rates in whole or in part compensation for such raising. This tax is so exorbitant that it is practica.lly pro­ services ; and hibitory. It prevents the manufacture and sale of colored oleo­ Whereas as a result of this decision It is shown that the law is margarine and other similar manufactured articles made from inauequate to protect shippers ·against the terminal charges, which. taken in connection with the through rates, are Wljust and unreasonable, the fat of cattle and other fa.ts, and also from cotton-seed oil. It and the commission is compelled to consider the same separately; and is a well established and indisputable fact that oleomargarine Whereas as a result thereof the live-stock shippers of the United is a pure and healthful food, whether colored or not. Ordinary States are compelled to pay an unreasonable char"'e of $1 per car to the roads entering Chicag-o, RI\{) have been compelled to pay it since butter is also colored in the same way and by the same color­ 1894, and are left without any practicable remedy under the present ing matter as oleomargarine, yet the Grout law does not apply law; and · to butter; and the reason is that the dairymen of the United Whereas we believe It to be impracticable for the commission to correct unlawful and unjust terminal charges whlch are imposed ln Stutes combined together to pass this bill, and did actually addition to the through rates of freight by the adjustment of the pass it, for the sole purpose of destroying the oleomargarine through rates from the various points of shipment upon an equitable fully in and fair basis in connection with the terminal charges, in that ship­ industry. They have succeeded their nefarious pers are thereby left remediless unless the Interstate Commerce Com­ design. mlsslon shall be given the absolute discretion to make a correction ot In doing this they have also succeeded in greatly injuring the unjust terminal and <>ther special charges in such way as to do justice according to its judgment, acting separately in such terminal charges cattle and cotton raising industry. I submit that this law is or in connection with the through rate as it may deem equitable and undemocratic, unrepublican, and unjust, and should be repealed fair: Now therefore be it · at once, for the reasons suggested by the following resolutions, Resolved by the eaiecutive committee of the Gattie Raisers' Associa­ tion of Te:r:as, at its regular quarterly meeting at Fort Worth, Te:r:., on viz: December 14, 1909, That we respectfully request the Senators nnd Con­ nESOLUTIONS ADOPTED BY THE EXECUTIVE COMMITTEE OF THE CA.TTLE gressmen from Texas, and those from other States interested, to secure RAISERS' ASSOCIATION OF TEX.AS, DECEMBER 14, 1909. such amendment to the act to regulate commerce as to give to the Interstate Commerce Commission full power and discretion to change, Whereas the present law enacted by Congress and commonly known modify, correct, or abolish the terminal and special charges, and to so as the "Grout bill" imposes a prohibitory tax on the manufacture and adjust the same in connection with the through rates or otherwise as sale of colored oleomargarine and similar manufactured a1·ticles made to protect shippers against the imposition of unjust and unreasonable from oleo oil, cotton-seed oil, and other fats; and charges, and which will insure to the shipper one charge for the one Whereas such discrimination is wholly unwarranted and is an undue service of shipment from point of origin to point of destination and embargo on the raisers o~ beef, in that it reduces the value o! every for delivery at point of destination. Be it further animal on that account and deprives the public who wish to buy it of Resolved, That the secretary of this association be directed to for· the wholesome and nutritious article of food; and ward a copy of this resolution to our Senators and Members of Con­ Whereas we believe it to be entirely within the province of Con­ gress, and to each o! the Senators and Members of Cong1·ess of othei• gress to practically prevent all fraud in the matter of the sale of live-stock-shipping States, and to live-stock organizations · throughout colored oleomargarine as butter; and the country, with the request that such action be taken as may seem Whereas it is an unjust discrimination against the cattle raisers proper to obtain relief in the premises. interested to place this prohibitory tax ·on colored oleomargarine or other semblance of butter made from oleo oil, cotton-seed oil, and other Mr. Speaker. I hope that the Interstnte Commerce Committee nutritious and nondeleterious substances, whereby the value of every of this House will so amend the interstate-commerce act, known beef animal produc~d is reduced below what the ordinary commercial condition would be .;_Now, therefore be it as the "Hepburn bill," as to fully authorize the Interstate Com­ Resolved by the ea:ecutive committee of the Oattle Raisers' Associa­ merce Commission to change, modify, and control, or, if neces· tion of Texas, at its quarterly meeting at Fort Worth, Tex., on Decem­ sary, abolish, all terminal charges on shipments of cattle into ber 14, 1909, That we ru·ge upon our Senators and Members of Congress Chicago or elsewhere, so that the shippers of live stock to mnr­ the repeal or amendment of the laws of the United States which impose this prohibitory tax, and in substitution thereof pass legislation which ket may be fully protected against the imposition of unjust and will insure the cattle raiset·s in their rights to free commerce in the unreasonable terminal charges. On December 10, 1907, the In­ products of cattle under such regulations as shall prohibit the substi­ terstate Commerce Commission ordered certain railroads to re­ tution of oleomargarine for butter, and protect alike the dairy interests of the country and the raisers of beef in a fair and equal opportunity duce their terminal charges from $2 to $1 per car. The railroad in the food market of the United States and foreign countries; and companies appealed to the courts and secured a restraining order be it further to prevent the commission from putting into effect their said or­ Resolvea, That the secretary of this association be directed to trans­ mit tc each of our Senators and Members of Congress copies of this der, and at the October term, 1909, the Supreme Court rendered resolution, with the request that they take such steps as may be neces­ an opinion in effect sustaining the railroads' contention ; hence sary in the premises. the necessity for the legislation requested by the resolution of l\Ir. Speaker, the cattle and cotton raisers of the United the cattlemen herewith presented by me. I sincerely hope that States are to a man opposed to this Grout law, and through the committee will take up this matter at an early date and these resolutions are voicing their true sentiments. Congress correct by an adequate law the evils complained of in the res- 1909. CONGRESSIONAL RECORD- HOUSE. 275

olutions. The decision of the court referred to by me and sarlly the through rate was entitled to be taken into consideration 1f the previous conclusions of the commission were well founded. It can which renders this legislation necessary is as follows. viz: not be in reason said that the inherent reasonableness of the ter­ St1preme Court of the United States. minal rate, separately considered is irrelevant because its reasonable­ ness is to be determined by considering1 the through rate and the ter­ No. 251.-0CTOBER TER?>I, 1009. minal charge contained in it, and yet, when the reasonableness of the The Interstate Commerce Commission,] rate is demonstrated, by considering the through rate as reduced, it be appellant, Appeal from the circuit court then held that the through rate should not be considered. In other v. of the United States for the words, two absolutely confilcting propositions can not at the same time Alphe_us B. S!ickney and Charles H. F. dlstrlct of Minnesota be adopted. As the findlng was that both the terminal charge of $2 Smith, receivers of the Chicago Great · and the through rate as reduced when separately considered were just Western Railway Company et al. and reasonable, and as the further finding was that, as a consequence [November 29, 1909.] of the reduction of from $10 to $15 per car, the rates, considered to­ On December 10, 1907, the Interstate Commerce Commission entered gether, were just and reasonable, it follows that there can be no pos­ an order requiring certain railroads running into Chicago to cease and sible view of the case by which the conclusion that the rates were desist from making a terminal charge of $2 per car for the transporta­ unjust and unreasonable can be sustained." tion of live stock beyond the tracks of said railroads in Chicago, and The tariff schedules of the appellees make clear the separate ter­ for delivery thereof at the Union Stock Yards, and requiring them to minal charge for delivery from their own lines to the Union Stock establish and put in force for said services a charge of $1 per car. Yards. We quote the schedule of the Chicago and Northwestern Rail­ Compliance with this order was postponed by the commission until May road Company : 15, 1908. On May 7, 1909, the appellees tiled this bill in the circuit "The live-stock station and stock yards of .this company in Chicago court of the United States for the district of Minnesota, to restrain the are located at Mayfair, and the rates named herein apply only to live enforcement of said ord e r~ averring that the actual cost to them for such stock .intended for delivery at or received and transported from the terminal services exceedea in each instance the sum of $2 per car, and stock yards of the company at Mayfair, in Chicago. that the companies were making delivery at a charge less than such "Upon all live stock consigned to or from the Union Stock Yards in actual cost; that therefore the reduction of the charge by the commis­ Chi~ago or industries lo~ated on the Union Stock Yards Railway, or the sion to $1 per car was unreasonable, oppressive, and unlawful. A hear­ Indiana State Line Railway, and transported and delivered to or re­ ing was had before three judges of the eighth circuit and a restraining ceived and transported from said Union Stock Yards or said industries order entered as prayed for by the railroad companies, from which located on said Union Stock Yards Rallway or the Indiana State Line order an appeal was taken to this court. Railway aforesaid, a charge of $2 per car will be made for the spe­ Mr. Justice Brewer delivered the opinion of the court. cial and separate service of transportin~ such cars to said Union Stock The controversy as to this terminal cha1·ge has been of long duration. Yards or to said industries on said Umon Stock Yards Railway or the A history of it antecedent to the present litigation is to be found in Indiana State Line Railway from this company's own rails or of trans­ Interstate Commerce Commission v. C., B. & Q. R. R. Company (186 porting such cars from said Union Stock Yards, or said industries on u. s., 320). . said Union Stock Yards Railway or the Indiana State Line Railway to It is well to understand the precise question which is presented in this company's own rails." this case. That question is the validity of the terminal charge of $2 The others are equally specific. In some of them, as in the Atchison per car. The report of the commission opens with this statement: To;;>eka and Sa.nta Fe Railway Company, it is i;irovided: ' "The subject of this complaint is the so-called 'terminal charge' of The attention of the shipper must be and is called to the fact that $2 per car imposed by the defendants for the deJivery of carloads of the transportation charge on live stock delivered at our own yards at Jive stock at the Union Stock Yards in Chicago," and its order was in Corwith, in Chicago, will be $2 per car less than when delivered at the terms that the railroad companies be- Union Stock Yards at Chicago or at industries located on the Union "required to cease and desist on Ol" before the 1st day of February, Stock Yards Railway or the Indiana State Line Railway and the 1908, from exacting for the delivery of Jive stock at the Union Stock agent should ascertain definitely at which point the shipp'er desires Yards, in Chicaao, Ill., with respect to shipments of live stock trans­ delivery to be made. The live-stock contract must then be filled out ported IJy them from points outside of that ~tate, their present terminal so as to show the correct destination and rate, as provided by the tari.lf charge of $2 per car. and amendments." " It is further ordered that said defendants be, and they are hereby, .Further, it ~s shown by the affidavits that the amount of such ter­ notified and required to establish and put in force on or before the 1st mmal c;harge is not entered upon the general freight charges of the day of February, 1908, and apply thereafter during a period of not less compames, but is kept as a separate item. The Union Stock Yards than two years, for the delivery of live stock at the Union Stock Yards, Company is an independent corporation, and the fact if it be a fact in said Chicago, with respect to shipments of live stock transported by that most, or even all, of its stock is owned by the' several railroad J;hem from points outside the State Qf Illinois, a terminal charge which companies entering into Chicago, does not make its lines or property shall not exceed $1 per car, if any terminal charge is maintained by part of the lines or property of the separate railroad companies them." With reference to the reasonableness of the terminal charge it was The sixth section of the act known as the " Ilepburn Act" (an act stipulated on the hearing before the Interstate Commerce Commission to amend the interstate-commerce act, passed on .Tune 29, 1906, 34 that all the testimony taken in the former proceedings miaht be con­ Stat., 584) requires carriers to file with the commission and print and sidered. It also appears that additional testimony was th'ere offered 0 keep open to inspection sch~dules showing, amon·5 other things, " sepa­ None· of this .testimony has been printed in the record presented to us rately all terminal charges • * • and any rules or regulations ·we have, however, our former decision, as well as the report of the which in anywise change, affect, or determine any part or the aggregate commission on the recent hearing, and also the affidavits filed on this of such aforesaid rates." By section 15 the commission is authorized application, and can consider them. It appears from the former case and required, upon a complaint, to inquire and determine what would be that, after some discussion, when testimony was being offered on the a just and reasonable rate or rates, charge or charges. This, of question of reasonableness, the commission suggested that it was prob­ course, includes all charges, and the carrier is entitled to have a find­ abll unnecessary to offer further evidence, and said (p. 327) : ing that any particular charge is unreasonable and unjust before it is ' To remove all doubt upon that subject, however, if it is not clearlv required to change such charge. For services that it may render or found, we now find that, looking entirely to the cost of service and procure to be rendered off its own line, or outside the mere matter of including as a part of that cost the trackage charge paid the Union transportation over its line, it may charge and receive compensation. Stock Yards and Transit Company and the unloading charge paid that (Southern Railway Co. v. St. Louis Hay Co., 214 U. S., 297.) If the same company, the amount of this terminal, if under the circum­ terminal charge be in and of itself just and reasonable, it can not be stances of this case it is proper to impose, the charge is reasonable If condemned or the carrier required to change it on the ground that it, ~%i~~dToc~~~r e~e~~~· present findings is necessary, they are hereby taken with prior charges of transportation Qver the lines of the carrier or of connecting carriers, makes the total charge to the shipper unrea­ And in the excerpt put into the margin in the opinion of this colll·t sonable. That which must be corrected and condemned is not the just und is a statement of the actual and estimated expense to the different reasonable terminal charge, but those prior charges which must of them­ railroads for making such delivery, .which makes it quite clear that selves be unreasonable in order to make the aggregate of the charge from the charge was a reasQnable one. This finding as to the reasonableness the point of shipment to that of delivery unreasonable and unjust. In of the charge was repeated again by the commission order to avail itsel! of the benefit of this rule the carrier must sepa­ In its report in the present case, it said : · rately ·State its terminal or other special charge complained of, for if "The original case did not show the cost of making delivery of other many matters are lumped in a single charge, it is impossible for either kinds of carload freight at this market, but the present record shows . shipper or commission to determine how much of the lump charge is that the average cost to one defendant, the Atchison Topeka and for the terminal or special services. The carrier is under no obliga­ Santa Fe Railway Company, of delivering all kinds of carload frei"ht. tions to charge for terminal services. Business interests may justify including live stock, is $5.40 per car, while the cost of deliverina live it in waiving any such charge, and it will be considered to have stock is not far from $2 per car. The testimony further indicates waived it unless it makes plain to both shipper and commission that that the average cost of delivering all kinds of carload freight does it is insisting upon it. In the case in 186 United States supra, we not differ much in the case of the Santa Fe from that in the case of the sustained the decree of the lower court, restraining the reduction of ·other defendants, although it does appear that several of the defendants the terminal charg~ f,rom $2 to $1 as to all stock shipped to Chicago, are at greater expense than $2 i;>er car in making delivery of live stoclt although the comm1ss10n had stated that there had been a reduction of at the stock yards. We think it fairly appears upon this record that the through rate from certain points by from $10 to $15, in reference the total cost to these defendants of delivering live stock at the Union to which reduction and its effect upon the order of the commission we Stock Yards, including the trackage charge, is not much If any above said, speaking by Mr. Justice White, after quoting from the report of on~-half the average cost of handling all carload freight' in the 'city of the commission (pp. 338, 339) : Chicago." " In other words, it was held that the rate, which was unjust and Under those circumstances it seems imnossible to a void the conclu­ unreasonable solely because of the $1 excess, continued to be unjust sion that, considered of and by itself, tlie terminal charge of $2 a and unreasonable after this rate had been reduced by from $10 to $15. car was reasonable. If any shipper is wronged by the aggregate char"e This was based, not upon a finding of fact-as of course it could from th~ place of shipment to the Union Stock Yards it would seem not have been so based-but rested alone on the ruling by the com­ necessarily to follow that the wrong was done in the prior charges mission that it could not consider the reduction in the through rate for transportation, and, as we have already stated, should be corrected but mu&t confine its attention to the ~2 terminal rate, since that alone by proper proceedings against the companies guilty of that wron was the subject-matter of the complamt. But, as we have previously othe1·wise injustice will be done. If this charge, reasonable in itsefl' shown, the commission, in considering the terminal rate, had expressly be reduced the Union Stock Yards Company will suffer loss while the found that it was less than the cost of service, and was therefore in­ real wrongdoers will escape. It may be that it is more con~enient for trinsically just and reasonable, and could only be treated as unjust the commission to strike at the terminal charge, but the convenience and unreasonable by considerin.,... the 'circumstances· of the case '-that of commission or court is not the measure of justice. is, the through rate and the fact that a terminal charge was included We ai:e unable to find any error in the conclusions of the trial judges. in it, which, when add'ed to the $2 charge, caused the terminal charge and their order is, therefore, affirmed. as a whole to be unreasonable. Having therefore decided that the $2 True copy. terminal charge could only be held to be unjust and unreasonable by Test: .combining it with the charge embraced in the through rate, neces- Clerk Supreme Oollrt United States•

I 276 CONGRESSIONAL RECORD-HOUSE. DECEMBER 20,

DAILY CALENDAR. Invalid Pensions discharged, and referred to the Oommittee on Mr. DALZELL. Mr. Speaker, the proper administration of War Claims. the new rule relative to unanimous consent would seem to re­ A bill (H. R. 15706) granting a pension to Robert A. Burns­ quire the printing of a daily calendar. I therefore ask unani­ Committee on Invalid Pensions discharged, and referred to the mous consent for the present consideration of the order I send Committee on Pensions. to the Clerk's desk. A bill (H. R. 15832) granting a pension to Claudia D. Blake­ The Clerk read as follows: man-Committee on Naval Affairs discharged, and referred to Ordered, That hereafter the calendars be printed dally. the Committee on Pensions. The SPEAKER. Is there objection? A bill (H. R. 15872) granting a pension to Richard D. Pow­ There was no objection, and the order was agreed to. ers-Committee on Invalid Pensions discharged, and referred to the Committee on Pensions. ADJOURNMENT. A bffi (H. R. 7628) for the rellef of W. S. Adams-Committee Mr. GARDNER of Michigan. Mr. Speaker, I move that the on Claims discharged, and referred to the Committee on War House do now adjourn. Claims. The motion was agreed to; and accordingly (at 2 o'clock A bill (H. R. 8526) for the relief of Willlam Spears-Com­ p. m.) the House adjourned. mittee on Claims discharged, and referred to the Committee on War Claims. EXECUTIVE COMMUNICATIONS, ETC. A bill (H. R. 9609) to grant to John Rivett privilege to mnke Under clause 2 of Rule XXIV, executive communications were commutation of his homestead entry-Committee on Claims taken from the Speaker's table and referred as follows : discharged, and referred to the Committee on the Public Lands. 1. A letter from the Secretary of Agriculture, transmitting a A bill {H. R. 10103) appropriating $300 to the heirs of How­ detailed statement of expenditures in the Department of Agri­ ard Newman, deceased-Committee on Claims discharged, and culture for the fiscal year ended June 30, 1909 (H. Doc. No. referred to the Committee on War Claims. 421)-to the Committee on Expenditures in the Department of A bill (H. R. 10221) for the relief of the Louisiana State Agriculture and ordered to be printed. . Bank-Committee on Claims discharged, and referred to the 2. A letter from the Secretary of War, transmitting a state­ Committee on War Claims. ment of receipts and expenditures of the fund collected on ac­ A bill (H. R. 10223) for the benefit of the Citizens' Bank of count of the sewer at Fort Monroe, Va. (H. Doc. No. 422)-to Louisiana-Committee on Claims discharged, and referred to the Committee on Expenditures in the War Department and the Committee on War Claims. ordered to be printed. 3. A letter from the Secretary of the Treasury, transmitting a copy of a letter from the Secretary of the Interior submitting PUBLIC BILLS, RESOLUTIONS, AND MEMORIALS. an estimate o.f appropriation for books of referep.ce (H. Doc. Under clause 3 of Rule XXII, bills, resolutions, and memo­ No. 423)-to the Committee on Appropriations and ordered to rials of the following titles were introduced and severally re­ be printed. ferred as follows : 4. A letter from the Secretary of the Treasury, transmitting a By Mr. WILEY: A bill (H. R. 16007) providing for the pur­ copy of a letter from the Secretary of War submitting an esti­ chase of a site and the erection of a public building thereon mate of appropriation for site of the Kosciusko statue (H. Doc. at Newark, in the State of New Jersey-to the Committee on No. 424 )-to the Committee on Appropriations and ordered to Public Buildings and Grounds. be printed. By Mr. KITCIDN: A bill (H. R. 16008) making an. appro­ 5. A letter from the Secretary of the Treasury, transmitting a priation for the improvement of Contentnea Creek, in the State copy of a letter from the Secretary of Agriculture submitting an of North Carolina-to the Committee on Rivers and Harbors. estimate of appropriation for restoration of Weather Bureau By Mr. WILEY: A bill (H. R. 16009) to regulate traffic in station at Sand Key, Fla.. (H. Doc. No. 425)-to the Committee the District of Columbia, and for other purposes-to the Com­ on Agriculture and ordered to be printed. mittee on the District of Columbia. 6. A letter from the Acting Secretary of War, transmitting By Mr. MOREHEAD: A bill (H. R. 16010) providing for the a draft of legislation relating to leaves of absence of employees erection of a public building at Burlington, Alamance County, in navy-yards, gun factories, naval stations, and arsenals (H. N. C.-to the Committee on Public Buildings and Grounds. Doc. No. 426)-to the Committee on Expenditures in the Navy By Mr. OLCOTT: A bill (H. R. 16011) to incorporate the Department and ordered to be printed. American National Institute (Prix de Paris) at Paris, France­ 7. A letter from the Acting Secretary of War, transmitting, to the Committee on Foreign Affairs. with a letter from the Chief of Engineers, report of examina­ By Mr. ALLEN: A bill (H. R. 16012) providing for an in­ tion of Suwanee River, Florida (H. Doc. No. 427)-to the creased rate of pension on account of total and permanent Committee on Rivers and Harbors and ordered to be printed. helplessness and dependence-to the Committee on Invalid Pen­ sions. REPORTS OF COMMITTEES ON PUBLIC BILLS AND Also, a bill (H. R. 16013) to provide for the purchase of a RESOLUTIONS. site and the erection of a public building thereon at Saco, in the State of Maine-to the Committee on Public Buildings and Under clause 2 of Rule XIII, bills and resolutions were sev­ Grounds. erally reported from committees, delivered to the Clerk, and By Mr. RUCKER of Colorado: A bill (H. R. 16014) to es­ referred to the several calendars therein named, as follows : tablish a system of ocean mail carriages to and from foreign Mr. McGUIRE of Oklahoma, from the Committee on Indian countries and to promote the commerce of the United States­ Affairs, to which was referred the bill o:f' the House (H. R. to the Committee on the Post-Office and Post-Roads. 14579) to amend section 12 of an act entitled "An act to au­ By Mr. HANNA: .A. bill (H. R. 16015) for the erection of a thorize the Secretary of the Interior to issue patents in fee to school building and the purchase of live stock at and for the purchasers of Indian lands under any law now existing or Bismarck Indian School, at Bismarck, N. Dak.-to the Com­ hereafter enacted, and for other purposes," approved May 29, mittee on Indian Affairs. 1908 and for other purposes, reported the same without amend­ By Mr. GARNER of Texas: A bill (H. R. 16016) providing ment accompanied by a report (No. 45), which said bill and for the establishing of a weather-bureau station at Browns­ report were referred to the Committee of the Whole House on ville, Tex.-to the Committee on Agriculture. the state of the Union. By Mr. GARNER of Pennsylvania: A bill (H. R. 16017) ex­ Mr. RUSSELL, from the Committee on Interstate and For­ tending the benefits of the general pension laws to the members eign Commerce, to which was referred the bill of the Senate of the Twentieth, Twenty-sixth, Twenty-seventh, Twenty-eighth, ( s. 4089) to authorize the construction of a bridge across the Twenty-ninth, Thirtieth, Thirty-first, and Thirty-third regi­ Red River and to establish it as a post-road, reported the same ments; the several batteries of artillery; the se\eral troops of without amendment, accompanied by a report (No. 46), which cavalry; the several independent companies which comprised said bill and report were referred to the House Calendar. the Pennsylvania Volunteer Militia, otherwise known as the " Emergency Men," who were called into service by the Presi­ CHANGE OF REFERENCE. dent of the United States of America, officered by United States Under clause 2 of Rule XXII, committees were discharged officers, and sworn into the service of the United States for an from the consideration of bills of the following titles, which indefinite period, the same as if they had been in the service of were referred as follows: . the United States for a period of ninety days or more; repealing A bill (H. R. 15557) for the relief of Thomas D. Meares, so much of the general pension laws -as makes it necessary for -administrator of Armand D. Young, deceased-Committee on soldi~rs to have been in the service for a period of ninety days 1909. CONGRESSIONAL RECORD-HOUSE. 277

or m-0re before being entitled to a pension so far as it affects and to provide for the interment of the bodies therein-to the the soldiers herein set forth-to the Committee on Invalid Pen­ Committee on Naval Affairs. sions. By Mr. McGUIRE of Oklahoma: A bill (H. R. 16039) con­ By 1\Ir. ELLIS: A bill (H. R. 16018) to authorize the con­ ferring jurisdiction on the Court of Claims to hear, determine, struction of a bridge across the Columbia River and the Celilo and render judgment in claims of the Tonkawa tribe of In­ Canal by the Oregon Trunk Railway-to the Committee on dians against the United States-to the Committee on Indian Interstate and Foreign Commerce. Affairs. By Mr. COUDREY: A bill (H. R. 16019) concerning baggage Also, a bill (H. R. 16040) conferring jurisdiction on the Court and excess baggage carried by common carriers in the District of Claims to hear, determine, and render judgment in claims of of Columbia and Territories and common carriers while engaged the Ponca tribe of Indians against the United States-to the between the States and between the States and foreign nations, Committee on Indian Affairs. and prescribing the duties of such common carriers in reference Also, a bill (H. R. 16041) conferring jurisdiction on the Court thereto while so engaged, defining certain offenses and fixing the of Claims to hear, determine, and render judgment in claims of punishment therefor, and repealing all conflicting laws-to the the Pawnee tribe of Indians against the United States-to the Committee on Interstate and Foreign Commerce. Committee on Indian Affairs. Also, a bill (H. R. 16020) to promote the safety of travelers Also, a bill (H. R. 16042) conferring jurisdiction on the CouI""t on railroads by compelling common carriers engaged in the of Claims to hear, determine, and render judgment in claims of interstate commerce to strengthen the construction of day or the Osage tribe of Indians against the United States-to the passenger coaches, mail cars, chair, smoking, and combination Committee on Indian Affairs. cars, and tourist sleepers, and for other purposes--to the Com­ By 1'1r. SMITH of Michigan: A bill (H. R. 16043) to provide mittee on Interstate and Foreign Commerce. for a system of parks in the District of Columbia-to the Com­ By Mr. KEIFER: A bill (H. R. 16021) to provide for the mittee on Public Buildings and Grotmds. purchase of a site and the erection of a public building thereon By Mr. HOWLAND: Resolution (H. Res. 189) authorizing at Piqua, in the State of Ohio-to the Committee on Public the Speaker of the House to appoint a committee of six Mem­ Buildings and Grounds. bers of the House to investigate increased cost of living, etc.­ By Mr. CLINE: A bill (H. R. 16022) to pay railway postal to the Committee on Rules. clerks actual and necessary traveling expenses while on duty, By Mr. CAMPBELL: Resolution (H. Res. 190) providing for not to exceed $1 per day-to the Committee on the Post-Office funeral expenses of A. C. Hilligoss, an employee of the House, and Post-Roads. and for other purposes-to the Committee on Accounts. By Mr. HIGGINS: A bill (H. R. 16023) to establish a fish By Mr. ADAIR: Joint resolution (H. J. Res. 96) authorizing h'c.tchery in Windham or New London counties, Conn.-to the the President of the United States to restore order, maintain Committee on the Merchant Marine and Fisheries. peace, and protect life and property in Nicaragua-to the CO"m­ By Mr. GRAFF: A bill (H. R. 16024) for the relief of gaug­ mittee on Foreign Affairs. ers, storekeeper-gaugers, and storekeepers-to the Committee on By l\fr. RANSDELL of Louisiana: Joint resolution (H. J . .Ways and Means. Res. 97) authorizing the occupancy of reservation No. 68, in By Mr. BEALL of Texas : A bill (H. R. 16025) to extend the the city of Washington, D. C., as a site for an erection of a privileges of the transportation of dutiable merchandise with­ pedestal of a statue in honor of the late ReY. Dennis J. Stafford, out appraisement to the city of Dallas, in the State at Texas-­ D. D.-to the Committee on the Library. to the Committee on Ways and Means. By Mr. HAMILTON: Joint resolution (H. J. Res. 98} for Also, a bill (H. R. 16026) prescribing the manner in which the relief of Lafayette L. McKnight-to the Committee on injunctions and temporary restraining orders may be issued­ Military Affairs. to the Committee on the Judiciary. Also, a bill (H. R. 16027) limiting the power of circuit and district courts of the United States and the judges. thereof to PRIVATE BILLS AND RESOLUTIONS. issue injunctions and restraining orders against state laws and state officers-to the Committee on the Judiciary. Under clause 1 of Rule XXII, private bills and resolutions of Also, a bill (H. R. 16028) to provide for the investigation of the following titles were introduced and severally referred as controversies affecting interstate commerce, and for other pur­ follows: poses-to the Committee on Interstate and Foreign Commerce. By Mr. ANDERSON: A bill (H. R. 16044) granting an in­ Also, a bill ( H. R. 16029) to authorize the enlargement of crease of pension to John Frank Uhl-to the Committee on In­ the public building at Dallas, Tex., and to authorize the pur­ valid Pensions. chase of the necessary ground therefor-to the Committee on Also, a bill (H. R. 16045) granting an increase of pension to Public Buildings and Grounds. Jacob Kreiger-to the Committee on Invalid Pensions. Also, a bill ( H. R. 16030) to prohibit dealing in future con­ Also, a bill (H. R. 16046) granting an increase of pension to tracts on agricultural products--to the Committee on Agri­ Amos K. Shade-to the Committee on Invalid Pensions. cultru·e. Also, a bill (H. R. 16047) granting an increase of pension to By Mr. MARTIN of Colorado: A bill (H. R. 16031) to amend Henry D. Fordyce-to the Committee on Invalid Pensions. · an act entitled "An act to protect trade and commerce against Also, a bill (H. R. 16048) to correct the military record of unlawful restraints and monopolies," approved JuJy 2, 1890- John Cole-to the Committe on Military Affairs. to the Committee on the Judiciary. Also, a bill (H. R. 16049) to correct the military record of By Mr. DODDS: A bill (H. R. 16032) for the relief of the John 1\1. Bassler-to the Committee on Military Affairs. Saginaw, Swan Creek, and Black River band of Chippewa In­ Also, a bill (H. R. 16050) for the relief of Charles R. Van dian ~ , in the State of Michigan-to the Committee on Indian Houten-to the Committee on Military Affairs. Affairs. By Mr. ANDREWS: A bill (H. R. 16051) for the relief of By Mr. THOMAS of Ohio: A bill (H. R. 16033) for an ap­ Robert Bilsborough-to the Committee on Indian Affairs. propriation for the purchase of a site upon which to erect a By Mr. BARCHFELD: .A bill (H. R. 16052) granting an in­ public building at Niles, Ohio-to the Committee on Public crease of pension to Frank Smith-to the Committee on Pen­ Bui1dings and Grounds. sions. Also, a bill (H. R. 16034) for an appropriation for the pur­ By Mr. . BOOHER: A bill (H. R. 16053) granting an in­ chase of a site upon which to erect a public building at Con­ crease of pension to Joseph W. Armstrong-to the Committee neaut, Ohio-to the Committee on Public Buildings and Grounds. on Invalid Pensions. By Mr. BRADLEY: A bill (H. R. 16035) to create in the Also, a bill (H. R. 16054) granting an increase of pension to War Department and the Navy Department, respectively, a Noah Sipes-to the Committee on Invalid Pensions. roll designated as "The civil war volunteers' retired list," to Also, a bill (H. R. 16055) granting an increase of pension to authorize placing thereon with retired pay certain surviving Henry J. Bomar-to the Committee on Invalid Pensions. · officers and enlisted men who served in the Army. Navy, or By Mr. BOUTELL: A bill (H. R.16056) granting an increase Marine Corps of the United States in the civil war, and for of pension to Minna Hildebrand-to the Committee on Im-alid other purposes-to the Committee on Military Affairs. Pensions. ·ny Mr. GARDNER of l\Iassaclmsetts (by request): A bill Also, a bill (H. R. 16057) gi·anting an increase of pension to ·(H. R. 16036) to amend the immigration act of February 20, Amos J. Loranger-to the Committee on Inrnlid Pensions. 1907-to the Committee on Immigration and Naturalization. Also, a bill (H. R. 16058) granting an increase of pension to j By Mr. PARSONS: A bill (H. R. 16037) to amend section Charles L. Arnold-to the Committee on Invalid Pensions. ) 810 of the Re-vised Statutes-to the Committee on the Judiciary. By Mr. BRADLEY: A bill. (H. R. 16059) granting an in­ By 1\Ir. LOUD: A bill (H. R. 16038) providing for the rais­ crease of pension to William Fales-to the Committee on Invalid ing or the United States battle ship Maine in Habnna Harbor. Pensions. 278 CONGRESSIONAL RECORD-HOUSE. DECEMBER 20,

Also, a bill (H. R. 16060) granting an increase of pension to Also, a bill (H. R. 16096) granting an increase of pension to · Charles M. Weller-to the Committee on Invalid Pensions. John H. Alexander-to the Committee on Pensions. Also, a bill .. (H. R. 16061) granting an increase of pension to By Mr. GRAFF: A bill ( H. R. 16097) granting an increase of Coleman Morris-to the Committee on Invalid Pensions. pension to David W. Magee-to the Committee on Invalid Pen­ By Mr. BURLEIGH: A bill (H. R. 16062) granting an in­ sions. crease of pension to Ripley C. Whitcomb-to the Committee on By Mr. GRANT: A bill (H. R. 16098) for the relief of W. 0. Invalid Pen ions. Eller-to the Committee on War Claims. Also, a bill (H. R. 16063) granting an increase of pension to Also, a bill ( H. R. 16099) for the relief of F. E. A. Roberts, Thomas J. Holmes-to the Committee on Jnvalid Pensions. administratrix of G. M. Roberts, deceased-to the Committee on By Mr. CAMERON: A bill (H. R. 16064) granting a pension War Claims. to Frank J. Cook-to the Committee on Pensions. Also, a bill (H. R. 16100) to complete the military record of By l\Ir. CAMPBELL: A bill (H. R. 16065) granting an in­ Benjamin F. Buckner and Ninernh T. Buckner-to the Com­ crease of pension to Alexander Abshear-to the Committee on mittee on Military Affairs. Invalid Pensions. Also, a bill (H. R. 16101) completing the military record of Also, a bill (H. R. 16066) granting an increase of pension to Wiley Henson-to the Committee on Military Affairs. Joseph N. Baker-to the Committee on Invalid Pensions. By Mr. HAUGEN: A bill (H. R. 16102) granting an increase By Ur. CARY: A bill (H. R. 16067) granting an increase of .of pension to Warren D. Stafford-to the Committee on Invalid pension to William W. Botkin...:...... to the Committee on Invalid Pensions. . . Pensions. · By Mr. HAWLEY: A bill (H. R. 16103) granting a pension Also, a bill (H. R. 16068) granting an increase of pension to to W. W. Oglesby-to the Committee on Pensions. Martin P. Broberg-to the Committee on Pensions. Also, a bill ( H. R. 16104) to provide for the payment of Also, a bill ( H. R. 16069) granting a pension to Cyrus R. James Edward Elkins, who rendered service to the Territory of Manion-to the Committee on Pensions. Oregon in the Cayuse Indian war of 1847 and 1848-to the Com­ By Mr. CHAPMAN: A bill (H. R. 16070) granting an in­ mittee on Claims. crease of pension to Hope Hayes-to the Committee on Invalid By Mr. HIGGINS: A bill (H. R. 1.6105) granting an increase Pensions. of pension to Allen L. Moore---to the Committee on InYalid By Mr. CLThTE: A bill (H. R. 16071) granting an increase Pensions. of pension to Hiram Merchant-to the Committee on lm·alid By Mr. HUBBARD of Iowa: A bill (H. R. 16106) granting Pensions. an increase of pension to Alfred D. Collier-to the Committee By Mr. DAWSON: A bill (H. R. 16072) granting an increase on Invalid Pensions. of pension to Monroe Ebi-to the Committee on Invalid Pen­ By l\fr. HUBBARD of West Virginia: A bill (H. R. 16107) sions. granting an increase of pension to William K. Brown-to the Also, a bill (H. R. 16073) granting a pension to Mary Anna Committee on ln>alid Pensions. Yohum-to the Committee on Invalid Pensions. By Mr. KUSTERMANN: A bill (H. R. 16108) granting a pen­ Also, a bill CH. R. 16074) for the relief of Andrew Wurster­ sion to Ellan Brown-to the Committee on Invalid Pensions. to the Committee on :Military Affairs. Also, a bill (H. R. 16109) granting a pension to Caroline Rog­ By Mr. DODDS: A bill (H. R. 16075) granting an increase of genbau-to the Committee on Invalid Pensions. ·pension to Sidney D. Frost-to the Committee on Invalid Pen­ By Mr. LANGLEY: A bill (H. R. 16110) granting a pension sions. to Isaac Gipson-to the Committee on Pensions. Also, a bill (H. R. 16076) granting an increase of pension to Also, a bill (H. R. 16111) granting an increase of pension to James E. Smith--4o the Committee on Invalid Pensions. Virginia Sowards-to the Committee on Invalid Pensions. By Mr. MICHAEL E. DRISCOLL: A bill (H. R. 16077) Also, a bill (H. R. 16112) for the relief of J. C. Creed, of granting an increase of pension to Martin Lawler-to the Com­ Winchester, Ky.-to the Committee on War Claims. mittee on Invalid Pensions. By Mr. LIVINGSTON: A bill ( H. R. 16113) granting a pen­ Also, a bill ( H. R. 16078) granting an increase of pension to sion to Alonzo H. Wimbush-to the Committee on Invalid Pen­ Alonzo Castor-to the Committee on Invalid Pensions. sions. Also, a bill ( H. R. 16079) to remove the charge of desertion Also, a bill (H. R. 16114) for the relief of Laura Barrett, from the record of Patrick Burke-to the Committee on Mlli­ administratrix of the estate of Simeon S. Barrett, deceased-to tary Affairs. the Committee on War Claims. By Mr. DUREY: A bill (H. R. 16080) granting a pension to By Mr. McCALL: A bill (H. R. 16115) for the relief of John Mary S. Houghtaling-to the Committee on Pensions. P. Hart-to the Committee on War Claims. By l\fr. ELVINS: A bill (H. R. 16081) granting a pension to By Mr. McCREARY: A bill (H. R. 16116) granting a pen­ John l\I. Yount-to the Committee on Invalid Pensions. sion to Angeline Bronner-to the Committee on Invalid Pen­ By Mr. FASSETT: A bill (H. B. 16082) granting a pension sions. to Lodemia Crane-to the Committee on Invalid Pensions. By Mr. McKINLEY of Illinois: A bill (H. R. 16117) grant­ Also; a bill (H. R. 16083) granting an increase of pension to ing an increase of pension to Edward N. Durning-to the Com­ Horatio W. Magowan-to the Committee on Invalid Pensions. mittee on Invalid Pensions. Also, a bill (H. R. 16084) granting an increase of pension to Also, a bill (H. R. 16118) granting an increase of pension to Andrew J. Shields-to the Committee on Invalid Pensions. Hugh Thompson-to the Committee on Invalid Pensions. Also, a bill (H. R. 16085) to remove the charge of ·desertion By l\fr. McLAUGHLIN of Michigan: A bill (H. R. 16119) against David T. Hayton, Company F, Fourteenth U. S. In­ for the relief of Racine Boat Manufacturing Company, of Mus­ fantry-to the Committee on Military Affairs. kegon, Mich.-to the Committee on Claims. By Mr. FOCHT: A bill (H. R. 16086) granting an increase By Mr. :!\I.A.GUIRE of Nebraska: A bill (H. R. 16120) grant­ of pension to Henry Ickes-to the Committee on Invalid Pen­ ing an increase of pension to Moses Blunk-to the Committee sions. on Invalid Pensions. By l\fr. FOSTER of· Illinois: A bill (H. R. _16087) granting Also, a bill (H. R. 16121) granting an increase of pension to a pension to James K. Rainey-to the Committee on Pensions. John Kraft-to the Committee on Invalid Pensions. By Mr. FULLER: A bill (H. R. 16088) granting an increase Also, a bill (H. R. 16122) granting an increase of pension to of pension to John W. Horner-to the Committee. on Invalid Thomas W. Bailey-to the Committee on Invalid Pensions. Pensions. Also, a bill (H. R. 16123) granting an increase of pension ·to By Mr. GARDNER of Michigan: A bill (H. R. 16089) grant­ Benjamin F. Laughlin-to the Committee on Invalid Pensions. ing a pension to George W. Mullen-to the Committee on In­ Also, a bill (H. R. 16124) granting an increase of pension to valid Pensions. John E. Meglemre-to the Committee on Invalid Pensions. Also, a bill (H. R. 16090) granting a pension to Samuel Sig­ Also, a bill (H. R. 16125) granting a pension to Jerome De man-to the Committee on Invalid Pensions. Vriendt-to the Committee on Invalid Pensions. Also, a bill (II. R. 16091) granting a pension to Lizzie M. By Mr. MALBY: A bill (H. R. 16126) granting an increase O'Sullivan-to the Committee on .Invalid Pensions. of pension to Marcus Crossman-to the Committee on Invalid Also, a bill (H. R. 16092) granting a pension to William H. Pensions. Ship-to the Committee on Invalid Pensions. Also; a bill (H. R. 16127) granting an increase of pension to Also, a bill (H. R. 16093) granting a pension to Wells Antoine Young-to the Committee on Invalid Pensions. Knapp-to the Committee on Invalid Pensions. Also, a bill (H. R. 16128) granting an increase of pension to Also, a bill ( H. R .. 16094) granting a pension to Isaac Place­ Nathan Donaldson-to the Committee on Invalid Pensions. to the Committee on Invalid Pensions. Also, a bill ( H. R. 16129) granting an increase of pension to By Mr. GARNER of Texas: A bill (H. R. 16095) granting an Joseph H. Mayo--to the Committee on Pensions. inc1·ease of pension to Lewis W. Avaut-to the Committee on Also, a bill (H. R. 16180) granting an increase of pension to John Larock-to the Committee on Invalid Pensions. \ Pensions. 1909. CONGRESSIONAL RECORD-HOUSE. 279

· Also, a bill (H. R. 16131) granting an increase of pension to Also, a bill (H. R. 16165) granting an increase of pension to Frederic H. Norton-to the Committee on Invalid Pensions. Charles D. Vermillion-to the Committee on Invalid Pensions. Also, a bill ( H. R. 16132) granting a pension to Daniel Also, a bill (H. R. 16166) granting an increase or pension to O'Brien-to the Committee on Invalid· Pensions. Robert W. Parker-to the Committee on Invalid Pensions. Also, a bill (II. R. 16133) for the relief of Samuel L. Barn­ Also, a bill (H. R. 16167) granting an increase of pension to hart-to the Committee on Claims. George W. Payne-to the Committee on Invalid Pensions. By Mr. MARTIN of Colorado: A bill (H. R. 16134) for the Also, a bill (H. R. 16168) granting a pension to Nathan C. relief of Pete Jelovac-to the Committee on Claims. Castle-to the Committee on Pensions. By Mr. MARTIN of South Dakota: A bill (H. R. 16135) Also, a bill (H. R. 16169) to remove the charge of desertion granting a pension to Alfred T. Feay-to the Committee on from the record of George W. Comer, alias George W. Pierce­ Inv::l.lid Pensions. to the Committee on 1\Iilitary Affairs. By Mr. l\ITLLER of Kansas: A bill (H. R. 16136) granting Also, a bill (H. R. 16170) to authorize and direct the Presi­ an increase of pension to William Erwin, alias Foster-to the dent of the United States to place upon the retired list of the Committee on Invalid Pensions. United States Navy late Midshipman John Benton Ewald with By Mr. MILLINGTON: A bill (R R. 16137) granting a pen­ the rank of ensign-to the Committee on Na>al Affairs. sion to E. C. Hoxie-to the Committee on Invalid Pensions. By l\Ir. STAFFORD: A bill (H. R. 16171) granting an in­ By Mr. SMITH of Michigan: A bill (H. R. 16138) granting :l crease of pension to William Schiesl-to the Committee on In­ pension to Joseph H. Holman-to the Committee on Invalid valid Pensions. Pensions. By :Mr. SULLOWAY: A bill (H. R. 16172) granting an in­ By Mr. PAGE: A bill (H. R. 16139) granting an increase of crease of pension to Marcus M. Tuttle-to the Committee on pension to Charles J. Rhoades-to the Committee on Invalid Invalid Pensions. Pensions. By l\1r. TALBOTT (by request) : A bill (H. R. 16173) for By Mr. A. MITCHELL PALMER: A bill (H. R.16140) grant­ the relief of Mrs. Thomas S. Ferral-to the Committee on War ing an increase of pension to Peter Lattimer-to the Committee Claims. on Invalid Pensions. Also, a bill (H. R. 16174) granting an increase of pension to. Also, a bill (H. R. 16141) granting an increase of pension to Eli S. Sauble-to the Committee on Invalid Pensions. John Daleus-to the Committee on Invalid Pensions. By Mr. THISTLEWOOD: A bill (H. R. 16175) granting an By Mr. PARSONS: A bill (H. R. 16142) granting a pension increase of pension to John B. Cason-to the Committee on In­ to Caroline A. Erben-to the Committee on Pensions. valid Pensions. By Mr. OLCOTT: A bill (H. R.- 16143) for the adjudication Also, a bill (H. R. 16176) granting an increase of pension to by the Court of Claims of the claim of Henry A. V. Post indi­ Eliza J. Nimmo-to the Committee on ln>alid Pensioru:. vidually and as liquidating partner of the firm of Clark, Post & By l\fr. THOl\IAS of Ohio: A bill (H. R. 16177) granting an Martin-to the Committee on Claims. increase of pension to Adolphus C. Bower-to the Committee on By Mr. RANSDELL of Louisiana: A bill (H. R. 16144) grant­ Invalid Pensions. ing an increase of pension to Martha . A. Hynes-to the Com­ Also, a bill (H. R. 16178) granting an increase of pension to mittee on Pensions. Joel A. Proctor-to the Committee on Invalid Pensions. Also, a bill (H. R. 16145) granting an increase of pension to Also, a bill (H. R. 16179) granting an increase of pension to Horace Ludwig-to the Committee on Invalid Pensions. John Timms-to the Committee on Invalid Pensions. By Mr: RAUCH: A bill (H. R. 16146) for the relief of Francis Also, a bill CH: R. 16180) granting an increase of pension to 'A. Carlson-to the Committee on Naval Affairs. William R. Harper-to the Committee on In>alid Pensions. By Mr. REYNOLDS: A bill (H. R. 16147) granting an in­ By l\Ir. TILSON: A bill (H. R. 16181) granting an increase crease of pension to Albert Sanders-to the Committee on In­ of pension to Dora K. Flaherty-to the Committee on ln>alid valid Pensions. Pensions. Also, a bill (H. R. 16148) granting an increase of pension to Also, a bill (H. R. 16182) granting a pension to James H. Joseph H. Stonebraker-to the Committee on Invalid Pensions. Sutherland-to the Committee on Invalid Pensions. Also, a bill (H. R. 1614D) granting an increase of pension to By Mr. TOWNSEND: A bill (H. R. 16183) granting a pen­ Calvin Tobias-to the Committee on Invalid Pensions. sion to Ann L. Nobles-to the Committee on Invalid Pensions. Also, a bill (H. n. 16150) granting an increase of pension to Also, a bill (H. R. 16184) to remove the charge of desertion George w. Mitchell-to the Committee on Invalid Pensions. from .the record of John P. Miller-to the Committee on Mili­ By l\Ir. RICHARDSON: A bill (H. R. 16151) granting a pen­ tary Affairs. sion to John Young-to the Committee on Invalid Pensions. By Mr. WILSON of Pennsylvania: A bill (H. U. 16185) By Mr. ROBERTS: A bill (H. R. 16152) to authorize the granting an increase of pension to Andrew Brimegin-to the President of the United States to appoint John Gibbon captain Committee on Invalid Pensions. and quartermaster in the army-to the Committee on Military Also, a bill (H. R. 16186) granting fill increase of pem:ion .to Affairs. Isaac Zeller-to the Committee on Invalid Pensious, By ~fr. RUCK.ER of Misso_uri.: A bill (H. R. 16153) granting Also, a bill (H. R. 16187) granting an increu e of pensi-0n to an increase of pension to John T. Wright-to the Committee James E. Howard-to the Committee on Invalid Pensions. on Invalid Pensions. Also, a bill (H. R. 16188) granting an increase of ~nsion to Also, a bill (H. R. 16154) granting an increase of pension David Johnson-to the Committee on Invalid P nsions. to Israel Sturges-to the Committee on Invalid Pensions. A.lso, a bill (H. R. 16189) granting an increase -of pension to Also, a bill (H. R. 16155) granting an increase of pension to Silas E. Cummings-to the Committee on In.valid Pensions. George F. Smith-to the Committee on Invalid Pensions. Also, a bill {H. R. 16190) granting an increase of pem:ion to By Mr. SHARP: A bill (H. R. 16156) granting an increase of William H. Strunk-to the Committee on ln>alid Pensi-Ons. pension to George B. She:ffieJd-to the Co.D}mittee on Invalid Also, a bill (H. R. 16191) granting an incr·ea.se of pension to Pensions. Thomas H. Bennett-to the Committee on In>alid Pensions. Also, a bill (H. R. 16157) granting an increase of pension to Also, a bill (H. R. 16192) granting an increase of pension to Daniel Swisher-to the Committee on Invalid Pensions. Christopher 0. Pfoutz-to the Committee on Invalid Pensions. Also, a bill (H. R. 16158) granting a pension to Sophronia J. Also, a bill ( H. R. 16193) granting an increase of pension to Pierson-to the Committee on Invalid Pensions. Hemy C. Livingston-to the Committee on Invalid Pensions. Also, a bill (H. R. 16159) granting a pension to Melvina· Also; a bill ( H. R. 16194) granting an increase· of pension to Long-to the Committee on Invalid Pensions. Henry T. Caton-to the Committee on Invalid Pensions. By l\Ir. SHEFFIELD: A bill (H. R. 16160) granting an in­ Also, a bill (H. R. 16195) granting an incrense of pension to crease of pension to Margaret Hickey-to the Committee on Charles Chilson-to the Committee on Invalid Pensions. Invalid Pensions. Also, a bill (H. R. 16196) granting :m increase of pension to Also, a bill (H. R. 16161) granting an increase of pension to Johnston R. Lambright-to the Committee on In>alid Pensions. S.arah A. Phillips-to the Committee on Invalid Pensions. Also, a bill ( H. R. 16197) granting an increase of pension to By l\fr. SLEMP: A bill (H. R. 16162) granting an in~rease Howard D. Avery-to the .committee on Invalid Pensions. of pension to Simon P. Dotson-to -the Committee on Invalid Also, a bill ( H. R. 16198) granting an increase of pension to Pensions. C. W. Conser-to the Committee on Invalid Pensions. . . Also, a bill (H. R. 16163) granting an increase of p_ension to Also, a bill (H. R. 16199) granting a pension to Paulina L. James Thomas-to the Committee on Invalid Pensions. Klepper-to the Committee on Invalid Pensions. . .. Also.... a bill ca:. ~. 16164) granting .an increase of pension to Also, a bill (H. R. 16200) granting a pension to Charles W. ·F. ~I. Kaylor-:-to. the Committee on Invalid Pensions. Brace-to the Committee on Invalid Pensions. 280 CONGRESSIONAL RECORD-· ROUSE .. DECEMBER 20,

Also, a bill (H. R. 16201) to correct the military record of Also, petition of J. Z. Smith, of Winnebago, Ill., against any John H. Smith, alias Henry H. Smith-to the Committee on amendment to the oleo law-to the Committee on Agriculture. Military Affairs. Also, petition of La Salle County (Ill.) Medical Society for Also, a bill (H. R. 16202) to correct the military record of a national department of health at Washington, D. C.-t~ the George P. Bailey-to the Committee on Military Affairs. Committee on Interstate and Foreign Commerce. By Mr. HULL of Iowa: A bill (H. R. 16203) granting an in­ Also, paper to accompany bill for relief of John w. Horner-. crease of pension to Jennie l\f. Huntington-to the Committee to the Committee on Invalid Pensions. on Pensions. By Mr. GARNER of Texas : Papers to accompany bills for By Mr. RANSDELL of Louisiana: A bill (H. R. 16204) for relief of L. W. Avant and John H. Alexander-to the Com­ the relief of the estate of T. J. Semmes, deceased-to the Com­ mittee on Pensions. mittee on War Claims. Also, petition of citizens of Tarpon, Tex., against enactment of legislation in reference to the observance of Sunday in the PETITIONS, ETC. District of Columbia-to the Committee on the District of Co­ lumbia. Under clause 1 of Rule XXII, petitions and papers were laid By Mr. GILLESPIE: Petition of 56 citizens of Somerville on the Clerk's desk and referred. as follows: County, 56 citizens of Bosque County, 22 citizens of Coleman By the SPEAKER: Petition of C. C. Johnson and 12 other County, 29 citizens of l\IcCulloch County, 19 citizens of Lime­ citizens of South Carolina, for reimbursement of the depositors stone County, 9 citizens of Coryell County, 20 citizens of Leon of the Freed.man's Savings and Trust Company-to the Com­ County, 3 citizens of McLennan County, 3 citizens of Comanche mittee on Banking and Currency. County, 1 citizen of Smith County, and 1 citizen of Hamilton By l\1r. ALEXANDER of New York: Petition of board of County, all in the State of Texas, against the destruction of trustees of Chamber of Commerce of Buffalo, N. Y., favoring silver dollars and greenbacks-to the Committee on Banking fostering of the United States marine, as advised by the Presi­ and Currency. dent-to the Committee on the Merchant Marine and Fisheries. By Mr. ALLEN: Petition of Dr. James H. Shannon and 390 By Mr. HAMER: Paper to accompany bill for relief of Wil­ others, citizens of Saco, l\Ie., for a public building and other liam C. Maxey, previously referred to Committee on· Invalid offices in Saco, York County, Me.-to the Committee on Public Pensions, discharged, and referred to the Committee on Claims. Buildings and Grounds. By Mr. HANNA: Petition of citizens of St. Johns, S. Dak., By Mr. ANDERSON : Petition of B. F. Kurtz and others, against parcels-post legislation-to the Committee on the Post­ favoring Sherwood's dollar pension bill-to the Committee on Office and Post-Roads. Invalid Pensions. By Mr. HAWLEY: Petition of Oregon Commandery of the By Mr. CANDLER: Paper to accompany bill for relief of Military Order of the Loyal Legion of the United States, Emma Boyle (H. R. 15466)-to the Committee on Invalid against the acceptance of the statue of R. E. Lee-to the Com­ Pensions. mittee on the Library. By Mr. DAWSON: Petition of August Wentz Post, ·No. 1, By Mr. HUBBARD of Iowa: Paper to accompany bill for Grand Army of the Republic, of Davenport, Iowa, favoring relief of A. D. Collier-to the Committee on Invalid Pensions. the National Tribune pension act-to the Committee on Invalid By Mr. HUBBARD of West Virginia: Paper to accompany Pensions. bills for relief of Frederick M. Brown and James H. Thofnas-­ Also, petition of Mark Matthews, of Clinton, Iowa, for amend­ to the Committee on Invalid Pensions. ment of pension law so as to pension all widows of soldiers­ By Mr. HULL of Iowa: Petition of business men of Waukee, to the Committee on Invalid Pensions. Polk County; Winterset, Earlham, Lacona, and Indianola, By Mr. DIXON of Indiana: Petition of G. W. Graff and 65 against parcels-post legislation-to the Committee on the Post­ others, of Ripley County, Ind., against legislation in reference Office and Post-Roads. to the observance of Sunday in the District of Columbia-to By l\1r. MARTIN of South Dakota : Petition of Harney Post, the Committee on the District of Columbia. No. 28, Department of South Dakota, Grand Army of the Re­ By :Mr. DRISCOLL: Petition of Association of Licensed. Au­ public, favoring the National Tribune pension bill-to the Com­ tomobile Manufacturers, favoring amendment of section 38 of mittee on Invalid Pensions. the federal corporation tax-to the Committee on Ways and By Mr. NEEDHAM : Petition of Chamber of Commerce of Means. San Francisco and Shipowners' Association of the Pacific By Mr. ENGLEBRIGHT: Petition of California State Fed­ Coast, for extension of our coastwise laws to the Canal Zone eration of Labor, favoring eight-hour law for postal service-­ and the Philippines-to the Committee on the Merchant Marine to the Committee on the Post-Office and Post-Roads. and Fisheries. · Also, petition of San Francisco Chamber of Commerce, favor­ Also, petition of Chamber of Commerce of San Francisco, for ing participation of United States in the Italian exposition­ a subtreasury building in San Francisco-to the Committee on to the Committee on Industrial Arts and Expositions. Public Buildings and Grounds. Also, petition of San Francisco Chamber of Commerce for AJso, petition of Chamber of Commerce of San Francisco, for subtreasury building in San Francisco-to the Committee on participation by the United States Government in the Italian Public Buildings and Grounds. exposition-to the Committee on Industrial Arts and Exposi­ Also, petition of California State Federation of Labor, re­ tions. garding distribution of work on boilers at Mare Island Navy­ Also, petition of J. K. Mansfield Post, No. 75, Department Yard-to the Committee on Naval Affairs. of California, Grand Army of the Republic, favoring the Also, petition of California State Federation of Labor, favQr­ National Tribune pension bill-to the Committee on Invalid ing annual leave for employees in the postal service-to the Pensions. Committee on the Post-Office and Post-Roads. By Mr. RANDELL of Texas: Paper to accompany bill for Also, petition of San Francisco Chamber of Commerce and relief of heirs of Catherine S. A. Miller-to the Committee on Shipowners' Association of the Pacific Coast, favoring exten­ War Claims. sion of coastwise shipping laws to Canal Zone and Philippines­ By Mr. REYNOLDS : Papers to accompany bills for relief of to the Committee on the Merchant Marine and Fisheries. Calvin Tobias, Albert Sanders, George W. Mitchell, and Joseph By Mr. ESCH: Petition of national headquarters of the H. Stonebraker-to the Committee on Invalid Pensions. Grand Army of the Republic, favoring restoration to pension By Mr. RICHARDSON: Paper to accompany bill for relief status of the First Battalion of Mountaineers, California Vol­ of John Young-to the Committee on War Claims. unteers-to the Committee on Military Affairs. By Mr. RUCKER of Colorado : Petition of Larimer County By Mr. FITZGERALD: Paper to accompany bill for relief of Medical Society, regarding sanitary management of the Canal John S. Woods-to the Committee on Pensions. Zone-to the Committee on Insular Affairs. By Mr. FULLER: Petitions of the city of New Orleans, the. By Mr. SHEFFIELD: Petition of Rhode Island State Fed­ Board of Trade of said city, and other associations of New eration of Women's Clubs, against granting water rights in the Orleans, praying for legislation to encourage the improvement Hetch Hetchy Valley to San Francisco, Cal.-to the Committee of the Mississippi River and its tributaries for the protection on the Public Lands. and defense of the trade and commerce thereof, also for the By Mr. SIMS : Paper to accompany bill for relief of M. D. establishment of the necessary fortified naval base-to the Meriweather-to the Committee on War Claims. Co:mnittee on Rivers and Harbors. By Mr. WILSON of Pennsylvania : Petition of A. M. Newell Al90, petition of the Illinois State Grange, against ship­ and others, against enactment of legislation in reference to the subsidy bill-to the Committee on the Merchant Marine and observance of Sunday in the District of Columbia-to the Com­ Fisheries. mittee on the District of Columbia.