1907. CONGRESSIONAL RECORD-SENATE. 4633 · Mr. DALZELL. Mr. Speaker, a parliamentary inquiry, Was of the late Spruce M. Baird, their father, known as Baird's not this same resolution reported from the Committee on Ways ranch, in the Territory of New Mexico-Committe~ on War :md Means and laid upon the table? Claims discharged, and referred to the Committee on the Public Mr. RANDELL of Texas. Mr. Speaker, I claim the floor. Lands. · The SPEAKER. Well, the gentleman can not have the floor until the point of order is disposed of. PETITIONS, ETC. Mr. RANDELL of 'l'exas. Mr. Speaker-- TlJe SPEAKER. The Chair is ready to rule. It has been fre­ Under clause 1 of Rule XXII, the following petitions and quently held that a preamble to a resolution of inquiry that papers were laid on the Clerk's desk and referred as follows : makes an alleged statement of fact destroys the privilege, al­ By Mr. FOSTER of Vermont: Petition of Rev. A. C. Brown though the balance of the resolution might be privileged. That and others, of Essex, Vt., for passage o! the Littlefield bill-to has been frequently held by many Speakers and was ruled by the Committee on the Judiciary. the present Speaker at the last session of Congress on a reso­ Also, petition of F. S. Yager and 2,000 other citizens of Cali­ lution presented by the gentleman from New York [Mr. CocK­ fornia, asking for modification of the Chinese-exclusion law­ RAN]. Clearly this is not privileged., and the Chair sustains the to the Committee on Foreign Affairs. point of order. - By Mr. HOWELL of Utah: Petition ot citizens ot the State Mr. RANDELL ·of Texas. Mr. Speaker, may I be heard? of Utah, against certain features of the proposed :new copy­ The SPEAKER. After all, it is in the discretion of the right law-to the Committee on Patents. Chair, and ii, is so well established by repeated. decisions from By Mr. NORRIS·: Petition of Solon R. Town, M. D., Robert various Speakers, including the present Speaker, that at the H. Wolcott, and other citizens of Nebraska, asking passage ot hour of ten minutes past 12 o'clock the Chair does not desire to bill S. 5888-to the Committee on Military Affairs. hear anything touching the point of order. By Mr. STEPHENS of Texas : Petition of farmers of Donley Mr. PAYNE. Mr. Speaker, I move that the House do now County, Tex., asking for legislation to suppress gambling in take a recess until 9.30 o'clock this morning. futures on farm products-to the Committee on the Judiciary. Mr. RANDELL of Texas. Mr. Speaker, I respectfully appeal from the decision of the Chair. The SPEAKER. Pending the appeal, the Chair entertains SENATE. the privileged motion, namely, that the House do now take a MoNDAY, March 4,1907. rece s until to-day at 9.30 o'clock. The motion was agreed to. [Continuation of legislative dray of Saturday, March 2, 1907.] _ Accordingly (at 12 o'clock and 12 minutes a. m., Monday, At the expiration of the recess (at 9.30 a. m., March 4) the March 4, 1907) the House took a recess until 9.30 o'clock a. m. Senate reassembled. RECESS. EXECUTIVE COMMUNICATIONS. Mr. HALE. I move that the Senate take a recess until a Under clause 2 of Rule XXIV, the following executive com­ quarter after 10 o'clock. munications were taken from the Speaker's table and referred The motion was agreed to ; and at the expiration of the re­ as follows: cess (at 10.15 a. m.) the Senate reassembled. · · A lette:r: from the chief justice of the Court of Claims, re­ INDIAN AND FREEDMEN ENROLLMENT CASES. questing the return to the court of the papers submitting to The VICE-PRESIDENT laid before the Senate a communica­ Congress, the findings in the case of Irving McCoy against tion from the Secretary of the Interior, transmitting, in re­ the United States-to the Committee on War Claims, and or- sponse to a resolution of the 28th ultimo, certain information dered to be printed. · relative to the number of Indian and freedmen enrollment cases pending before the Commissioner to the Five Civilized Tribes PUBLIC BILLS, RESOLUTIONS, AND MEMORIALS on February 25, 1907, and also in the office of the Commissioner INTRODUCED. of Indian Affairs on .review, and before the Department of tl1e lnterior, etc.; which was referred to the Committee on In­ Under clause 3 of Rule XXII, bill .and memorials of the fol­ ~an Affairs, and ordered to be prin.ted. lowing titles were introduced and severally referred as follows: By Mr. BRICK: A bill (H. R; 25890) to amend the laws of the MESSAGE FROM THE HOUSE. United States relating to the registration of trade-marks-to the A message from the House of Representatives, by Mr. W. J. Committee on Patents. BROWNING, its Chief Clerk, announced that the House had By Mr. GRONNA: Memorial from the legislature of North agreed to the report of the committee of conference on the dis­ Dakota, praying Congress to pass a law giving to each respective agreeing votes of the two Houses on the amendments of the State of the Union the right to ditch into, alter, modify, or Senate to the bill (H. R. 25745) making appropriations for desh·oy, if need be, part or the whole of any meandered lakes sundry civil expenses of the Government for the fiscal year or navigable sh·eams-to the Committee on the Judiciary. ending June 30, 1908, and for other purposes. Also, memorial from the legislature of North Dakota, recom­ ENROLLED BILLS SIGNED. mending a constitutional amendment to prohibit polygamy and The message also announced that the Speaker of the 'House to secure uniform divorce laws-to the Committee on the Judi­ had signed the following enrolled bills and joint resolutions; ciary. and they were thereupon signed by the Vice-President : By the SPEAKER: Memorial from the legislature of North H. R. 25672. An act to amend an act entitled "An act to au­ Dakota, recommending a constitutional amendment .to prohibit thorize the Ox Bow Power Company, of South Dakota, to con­ polygamy and to secure uniform divorce laws-to the Commit­ struct a dam across the Missouri River ; " tee on the Judiciary. H. R. 25851. An act making appropriations to supply defi­ ciencies in the appropriations for the fiscal year ending June PRIVATE BILLS AND RESOLUTIONS INTRODUCED. 30, 1907, and for prior years, and for other purposes ; H. J. Res. 219. Joint resolution providing for an increase in Under clause 1 of Rule XXII, private bills of the following the number of copies to be printed of the Annual Report of the titJes were introduced and severally referred as follows: Comptroller of the Currency ; By Mr. WILLIAMS : A bill (H. R. 25888) for the relief of H. J. Res. 229. Joint resolution to provide for the printing of Samuel Phi.Jlips-to the Committee on Military Affairs. 250,000 copies of the Special Report of the Diseases of Horses; By Mr. CLAYTON: A bill (H. R. 25891) to relieve George W. H. J. Res. 255. Joint resolution providing for the printing of .Black and J. R. Wilson from a certain judgment in favor of the 5,000 copies of House Document No. 651, Fifty-ninth Congress, United States, and to relieve George W. Black, J. R. WJ.lson, and second session ; W. M. Newell of a certain judgment in favor of tlJe United H. J. Res. 256. Joint resolution authorizing the Attorney-Gen­ States-to the Committee on the Judiciary. eral to print 850 copies of the Session Laws; and H: J. Res. 257. Joint resolution authorizing the Secretary of CHANGE OF REFERE.i~CE. the Treasury to print 1,000 additional copies of the Annual Re­ Under clause 2 of Rule XXII, committee was discharged from port of the Director of the Mint. the consideration of bill of the following title; which was there­ PETITIONS AND MEMORIALS. upon referred as follows : Mr. HANSBROUGH. I present a joint memorial ot the leg­ A bill (H. R. 25487) for the relief of Andrew B. Baird and islature of North Dakota, which I ask may be printed in the James S. Baird, and to confirm all sales :md dispositions here­ REcORD and referred to the Committee on Agriculture and For- tofore made by the United States out of the confiscated land estry. · 4634 CONGRESSIONAL RECORD-· SENATE. MARCH 4, The memorial was referred to the Committee on Agriculture providing that actual settlers may lease the Government lund and Forestry, and ordered to be printed in the RECORD, as fol­ contiguous to their patented lands; which was referred to the lows: Committee on Agriculture and Forestry. · Memorial offered by Mr. Stade. l\Ir. DICK. I present sundry telegrams from telegraph oper~ Whereas numerous "meandere<i lakes and navigable streains" located ators in the State of Ohio, relative to the sixteen-hour bill; in North Dakota, by reason ot higher altitudes or of obstructions ma.de by silt or other materials, thus holding back the water, are made to which I ask may lie on the table and be printed in the REco~. overflow and annually flood and keep in a state of moisture many thou­ 'l'he VICE-PRESIDENT. Without objection, it is so ordered. sands of acres of swamp or semlswamp lands; and The telegrams were ordered to lie on the table, as follows : Whereas by virtue of large spring freshets many of such lakes, streams, or rivers overflow and inundate vast areas of land; and · From A.