CONGRESSIONAL RECORD. PROCEEDINGS AND DEBATES OF THE SIXTY-SECOND CONGRESS. FIRST SESSIO N. SENATE• . Given under my hand and the seal of the United States at Washington the 4th day of March, A. D . 1911, and of the inde­ TUESDAY, April [4, 1911. pendence of the United States the one hundred and thirty-fifth. The :first session of the Sixty-second Congress commenced this [SEAL.] - · . WM. H. TAFT. day at the Capitol, in the city of Washington, in pursuance of By the President : the pro~lamation ·of the President of .the United States o:f the P . C. KNox; Secretary of State. 4th day of .March, 1911. · . CREDENTIAL_.S. .· The VICE fRESIDENT (JAMES s. SHERM4N, pf _New York) l\lr. RQOT presented th~ credentials of JAMES A. O'GoRMAN, took the chair and called the Senate. to order at 12 o'clock noon. chosen by the Legislature of the State of New York a Senator PRAYER: from _that State for. the term beginning March 4, 1911, which ·· 'Jlhe Chaplain, Ilev. ·Ulysses G. B. Pierce, D. D., offered the were read and ordered to be ·med. foJlowing prayer : · Mr. DIXON. I present the credentials of the Senator elect Almighty God, our. heavenly Father,· upon the opening of from the State of Montana, Hon. HENRY L. l\IYERS, who is this Congress we humbly confess our dependence upon Thee present. and earnestly implore Thy help in the labors to which Thou 'l'he · VICE PRESIDE1\"T. The Secretary will read the ere-. hast called us. \Ve are not sufficient "Qnto ourselves and, un­ dentials. aided by Thee, are .utterly unable to bear the burdens of this The credentials of HENRY L. MYERS, chosen by the Legislature T:P.y people. Wherefore we beseech Thee to help us by T·hy of the State of Montana a Senator from that State for the term spirit. The way before us we know not; yet full well do we beginning March 4, 1011, were read and ordered to be filed. kriow that, if we humbly submit ourselves to Thee~ Thou wilt ORDER OF PROCEDURE. direct our steps. Even so, Father, guide and direCt us. The VICE PRESIDENT. The Chair ascertains by an exami­ For the President of the United States and for all who are nation of tlle RECORD that there has not been uniformity of in authority we pray. Endue them with wisdoi:n from above, procedure at the opening of a Congress. Son.;ietimes a call of enrich them with Thy spirit, and uphold them by Thy strength, the roll has preceded the swearing in of Senators elect; at other that as they rule by Thy favor, so also they may serve in Thy times a call of the roll ha.s been omitted altogether. It seems fear. to the Chair that the better practice would be first to call the Bless, we pray Thee, this Thy people, upon whom Thy favor names of the Senators elect and have them take the consti­ has rested. Deliver us from strife within and from warfare tutional oath of office before the roll of the Senate is called. without. Grant us to dwell in peace and in unity. T-ea.ch us, Unless the Senate desires some other procedure taken, that we pray Tllee, to love Thy law and incline our hearts to do will be the course followed this morning. Thy will. l\lr. BACON. Mr. President, in Yiew of tbe statement by the So, our Father, may this Congress, begun in Thy name, be Chair that the particular method of procedure bas been one of continued in Thy fear and ended to Thy glory. And unto the uncertaiil observance heretofore, and in view of what I con­ name which is above eyery name will we ascribe praise now sider to be important that it should be a fixed rule, I simply and for evermore. Amen. rise to say that I do not recall that in any time other tbnn tbe THE PROCLAMATION. one I ani about to mention the matter was e\·er challenged in The VICE PRESIDENT. - 'l'he Secretary will read the proc­ the Senate and considered by the Senate as to what was the lamation of the President of the United States convening Con- proper method of proce.dure. I think it was two years ago that gress in extraordinary Eession. · the question arose and was discussed. The Secretary (Charles G. Bennett) read the proclamation, .Tlle VICE PRESIDENT. Four. as follows: l\Ir. BACON. l!""'our years ago. 'That is only an evidence of Whereas by the special message dated January 26, 1011, there the wny in which time passes rapidly as tlle years grow upon was transmitted to the Senate and the House of Representatives us. I thought it wns two years ago. The matter was then dis­ an agreement between the Department of State and the Cana­ cussed, and after discussion it was determined in the wny the dian Government in regard to reciprocal tariff legislation, to­ Chair has now suggested as the proper way, and in that con­ gether with an earnest recommendation that the necessary leg­ clusion I very cordia11y agree. I only rose for the purpose of islation be promptly adopted; and saying that I think it should. not pass simply with a state­ ·whereas a bill to carry into effect said agreement has passed ment that it has been a procedure in which one method hns the House of Representatives, but has failed to reach a vote in been followed at one time and another at another time, and I the Senate; and would like, by the emphasis now given to it, to have it recog­ · Whereas the agreement stipulates not only that "the Presi­ nized that the Senate, upon due consideration, determined that dent of the United. States will communicate to Congress the con­ it is the proper method that the Senators elect who are present clusions now reached and recommend the adoption of such leg­ should be sworn in before the roll is called. islation as may be necessary on the part of the United States to l\1r. BAILEY. Mr. President, I would dislike to see that be­ give effect to the proposed arrangement," but also that "the come the settled rule of the Senate, for the reason that it might Governments of the two countries will use their utmost efforts transpire that some Senator elect would have some question to bring about such changes by concurrent legislation at Wash­ raised about the form of his credentials or about his right to ington and at Ottawa": take the oath of office, and if that should come to pass then Now, therefore, I, William Howard Taft, President of the obvionsly the Senate must proceed otherwise. United States of America, by virtue of the power vested in me It seems to me that the first thing to do is to ascertain the by the Constitution, do hereby proclai_m nnd declare tl.iat an presence of a quorum so that the Senate may ue in a condition extraordinary occai::>ion requires the convening of both Houses to proceed to any business; and after the presence of a quorum of the Congress of the United States at their respectfre Cham­ bas been ascertained, then proceed to the business of ndminis­ bers ·1n the city of Wasllington on tlle 4th day of April, 1011, at tering the oath to Senators elect. 12 o'clock noon, to the end tl.Jat they may consider and deter­ I was not going to say "yea" or "nay," except that I be­ mine whether the Congress shall, by the necessary legislation lieve the orderly and proper way is first to ascertain that the make operative the agreement. ' Senate is in a condition to proceed to business. Obviously, if All . persons entitled to act as Members of the Sixty-second there were not a quorum of the Senators present, a Senator Congress are required to take notice of this proclamation. elect could not take the oath if that question were raised. 1 CONGRESSIONAL RECORD-SENATE~ APRIL 4, The VICE PRESIDENT. The Chair's thought was that this ing to his right to a seat there stood aside and denied hls right time is the same a.s at the daily convening of the Senate, and to take the oath of office. _ tha_t in the absence of a question being raised it would be as­ It seems to me that all questions of that kind ought to be de­ surneu that a quorum is present. cided before _the organization is complete, and that such ques­ 1\Ir. DAILEY. Then it would be unnecessary to call the roll tions can only l>e decided when it is ascertained that the body after the Senators elect were sworn. is in a condition to proceed. l\Ir. DA.CON. I want to make this suggestion : That the very But I repeat, I think it is better that tlie Senn.te shoul<l have case suggested by the Senator from Texas proves to my mind a rule even though it should not be the best one. conclm:iycly tc.e necessity of the method of procedure now pro- Mr. BACON. Mr. President, I will not detain the Senate fur­ ,Posed to be adopted. - ther than to suggest that the custom of swearing in a Speaker Suppose, l\fr. President, it shoulcl be so that less than a before the Members themselves have taken the oath docs not quorum of Senators who had alrendy been sworn in were pres­ .