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Congressional Record-House. 667 1912: CONGRESSIONAL RECORD-HOUSE. 667: SOUTH DAKOTA. death of Rear Admiral Evans, whose long, conspicuous, and Arthur E. Dann to be postmaster at Centerville, S. Dak., in faithful public service has endeared him to all. Comfort, we place of Arthur E. Dann. Incumbent's commission expires beseech Thee, the hearts of those nearest and dearest to him, January 22, 1912. and help us all to emulate his faithful service. l]'or Thine is Carrie M. Hackett to be postmaster at Parker, S. Dak., in the kingdom and the power and the glory forever.· A.men. place of John D. Cotton. Incumbent's commission expired May The Journal of the proceedings of yesterday was read and 7, 1906. approved. Donald A. Sinclair to be postmaster at Winner, S. Dak. LEAVES OF .ABSENCE. Office became presidential October 1, 1911. By unanimous consent, leave of absence was granted: SOUTH CAROLINA. To Mr. SHEPPARD, for 2 weeks, on account of important busi­ James E. Stuckey to be postmaster at Bishopville, S. C., in ness. place of James E. Stuckey. Incumbent's commission expires To Mr. l\IcMoBBAN, for 15 days, on accoUJlt of important January 27, 1912. business. TENNESSEE. To Mr. BELL of Georgia, for 4 days, on account of illne!:'s. To l\Ir. DUPRE, for 3 weeks, on account of important business. David W. Marks to be postmaster at Covington, Tenn., in To Mr. SLEMP, for 10 days, on.account of important business. place of James A. Holderman, removed. James H. Murphy to be postmaster at Mountain City, Tenn., OALL OF COMMITTEES. in place of William T. Smythe, resigned. The SPEAKER. The Clerk will call the committees. UTAH. The Clerk proceeded with the call of committees. Lars 0. Lawrence to be postmaster at Spa.Rish Fork, Utah, in . LAWS RELATING TO THE J"CDICIARY. place of Lars 0. Lawrence. Incumbent's commission expires Mr. CLAYTON (when the Committee on the Judiciary was January 22, 1912. called). Mr. Speaker, I call up the bill ( S. 2653) to amend nn .VERMONT. act entitled "An act to codify, revise, and amend the laws re­ lating to the judiciary," which I send to the desk and ask to Albert H. Cheney to be postmaster at Stowe, "Vt., in place of have read. - Albert H. Cheney. Incumbent's commission expired December The Clerk read as follows: 17, 1911. Be it enacted, etc., That section 118 of the act of March 3, 1911, W ASHINd°TON. ~nt~tl.ed ",~in act to codify, revise, and amend the laws relating to the Howard M. Spalding to be postmaster at Goldendale, Wash., Judiciary, be amended so as to read as follows: '. 'SEC. 118 .. There shall be in the second, seventh, and ei~hth · cir­ in place of Howard M. Spallling. Incumbent's commission ex­ cuits, respectively, four circuit judges; in the fourth circuit two circuit pired December 11, 1911. judg~s ; and in each <;>f the other circuits, three circuit judges, to be appomted by the President, by and with the advice and consent of tbe WEST VIRGINIA.. Senate. They shall be entitled to receive a salary at the rate of $7.000 R. G. Yoak to be postmaster at Gassaway, W. Va., in place of a year each, payable monthly. Each circuit judge shall reside within h.is c.ircuit. The circuit. judges in e.ach circuit shall be judges of the Charles W. Marpfe. Incumbent's commission expired December cu·cmt court of appeals m that circmt, and it shall be the duty of <'UCh 9, 1911. circuit judge in each circuit to sit as one of the judges of the circuit WISCO:;.'ii"SIN. court of appeals in that circuit from time to time according to law." Horace J. Blanchard to be postmaster at Colby, Wis., in place Mr. CLAYTON. l\Ir. Speaker, I desire to make a brief ex­ of Horace J. Blanchard. Incumbent's commission expires Janu­ planation of this bill. It proposes to amend section 11 of the ary 27, 1912. judicial code by specifically conferring upon the circuit judges harles D. Kennedy to be vostrnaster at l\Ionticello, Wis., in the power :rn.d imposing upon them the duty of holding the cir­ place of Albert E. Edwards. Incumbent's commission expired cuit court of appeals. Section 3 of the circuit court of appeals No,ember 17, 1907. act of 1 91 (1st supplement, 902), declared what judges should Fred G. l\Iclntyre to be postmaster at Eagle River, Wis., in be competent to sit in the circuit court of appeals. That sec­ place of Fred G. Mcintyre. Incmnbent's commission expired tion include·d the justices of the supreme court, the circuit December 11, 1911. judges, and the district judges. When these sections were re­ WYO~HNG. nsed for inclusion in the judiciary-code bill, of necessity there · Lizzie McDonald to be postmaster at Casper, Wyo., in place had to be some change made in the language used, and by some of .James McFadden, resigned. O\ersight the °"ord " circuit " before the word " judges" was 117. B. Frank Pine to be postmaster at Sunrise, Wyo., in place of left out of section Hence, it is necessary, or it is deemed James V. l\icClenathan, resigned. · by some to be necessary, to ha\e this amendment, which, in effect, reinserts that word in section 118. While the pro­ ·.-isions of sections 117, 118, 119, and 120 are in themselves prob­ CONFIRMATIONS. ably sufficient to confer the power and impose the duty, yet, Executive. nominations confirmell by the Senate January 4, 1912. since there is a difference of opinion in the matter, it has been thought best to amend section 118 as the bill provides. I"t will UNITED STATES MAR HAL. settle .any doubt which may exist in the minds of those who be­ Daniel F. Breitenstein to be marshal for the northern dish·ict lieve the amendment necessary. of New York. Now I yield to the gentleman from Illinois [Mr. MANN]. SUPERVISING INSPECTOR. STEAMBOAT- INSPECTION SERVICE. Mr. ~liNN. l\Ir. Speaker, I am in accord with the purpose Nils Bernard Nelson to be supen·ising inspector, ninth district, to be accomplished by this bill. It is to make definite the fact Steamboat-Inspection Sen·ice. that the circuit judges are to sit as the judges in the circuit court of appeals. I have an amendment, which I would like to PROMOTION IN THE N'.A.IT. have agreed to, to make certain that the passage of this act will Passed Asst. Paymaster Alr'in Hovey-King to be a paymaster. not affect the rights of the circuit judges to sit in a district POSTMASTERS. court when assigned for that purpose. We have three circuits IDAHO. in which there are four circuit judges, and in addition to those circuit judges there are the circuit judges who nre a11pointed Albert Langdon, Juliaetta. on the bench of the Commerce Court. In the course of time John l\I. Repass, Rathdrum. those judges go off from the Commerce Court and will sit in Edward .Waring, Emm_ett. the circuits. In the seventh circuit, which embraces Illinois, I ndiana, nnd Wisconsin, there are now four circuit judges· and also a. circuit HOUSE OF REPRESENTATIVES. judge on the Commerce Court. When the act amending the THURSDAY, January 4, 191 CS . judiciary title was before the House we inserted a provision to the effect that the circuit judges might be assigned to the The House met at 12 o'clock m. district court work, so that in those circuits where there were The Chaplain, Rev. Henry N. Couden, D. D., offered the fol- four circuit judges, one of them might be put at work in the lowing prayer : · district court. 0 Lord God of Hosts, King of Kings and Lord of Lords, the One of the circuit judges in our district-the seYenth dis­ Father of all souls, whose life-giving currents thrill the hearts trict-has recently resigned. '.rhe proposition has been made <>f men and quicken their minds to great thoughts and noble to aboli h, l>y repeal of the law or change of law, the four cir­ deeds, inspire us as individuals and as a people with the cuit judges in that district and to provide nn additional circuit highest ideals that we may mo\e on to greater achievements. ju<lge. I do not know whether that is necessary or not, but it The heart of th.e Nation, 0 God, is touched by the sudden is perfectly plain now that in any e1ent the provision in the ex· 668 CONGRESSIONAL RECORD-HOUSE. JANUARY 4, isting law nuthorizing the assignment of one of the circuit .Some gentlemen think this bill ·relates to the matter of creating judges to the district com-t ought to 'be retained unimpaired. I additional judges. 1t relates to no such subject ·at all. .It hn:ve been ·afraid that the nmendment of this section of the law simply ·makes 'it e1en.r "that the Circuit judges are the judges of as now proposed, coming later than the original act, .might 'be the circuit court of appeals, and that is the only purpose of the construed as directing that the circuit judges :shall only sit in act. the circuit court of aweu1s. For that reason I ha1e suggested As •regards the 'tlIDendment offered by rthe gentleman from the amendment which I will offer if l get the opportunity. Illinois [l\1r. lliNN] I have to say that I think it is unneces ary, l\Ir. CLAYTON. Certainly. I will be very glad if the gen­ in view ·of srections 17 and 18 of the judiciary code, but us sug­ tleman will offer his amendment.
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